Terms and Conditions
1. ACCEPTANCE
By accessing the Service, the Subscriber is taken to have read and accepted the Terms and Conditions contained herein.
2. Definitions
In these Terms and Conditions the following words and phrases shall bear the following meanings and may be used in the singular or plural as appropriate:
a) "The Company" means Prudential Assurance Company Limited, a company registered in England and Wales and having its registered office at Laurence Pountney Hill, London EC4R 0HH who and whose Affiliates are hereinafter referred to as "the Company"
b) "Affiliate" shall mean any subsidiary, holding company, or company with a holding company in common as defined in Section 736 of the Companies Act 1985. However, any such subsidiary, or company or other entity, shall be deemed to be an Affiliate for the purposes of this contract only for so long as such ownership exists.
c) " The Subscriber" shall mean the person or persons, company or other legal entity who accesses the Service.
d) "The Service" shall mean the provision through an Extranet and e-mail service of a means of access for the subscriber to send and obtain information to and from the Company on client transactions and on the products and services offered by the Company.
e) "business day" shall mean any day other than a Saturday, a Sunday or a Public Holiday. Public Holidays include New Year's Day, Good Friday, Easter Monday, May Day, Christmas Day and Boxing Day.
f) "date of receipt" shall mean the business day on which data or information is received by the Company.
g) "Certificate" means a message device by which e-mails and other electronic messages may be encrypted in a manner that (1) verifies to the recipient of the message the identity of the sender and that the message has not been tampered with or altered without the sender's authorisation, (2) contains the Prudential Assurance Company Limited Public Key or the Scottish Amicable Life Plc Public Key or the Origo Secure Internet Services Public Key, (3) specifies the operational period and serial number of the Certificate.
h) "Portal Login Access" means an alternative, secure method of accessing the Prudential online services using the login ID for the industry portals. The portal will authenticate and validate that the user is a valid intermediary against their records and pass details of the FSA number and postcode for identification purposes. The user will still have to register on the Prudential web site.
3. Licence
The Company hereby grants to the Subscriber a non-exclusive, non-transferrable licence to use the Service and any associated software under the Terms and Conditions.
4. Conditions
It is a condition of this contract that the Subscriber represents a company which is authorised by the Financial Services Authority.
5. Use
The Service shall be used only for access to and the exchange of information and data relevant to the Subscriber and their clients and shall not be used to provide a data processing service to any third party, except where this is for the purpose of the Subscriber's normal business requirements. The Service shall not be used for the transmission of offensive material.
6. Time of Execution
Where data is sent to the Company by the Subscriber for the purpose of effecting a date or price sensitive financial services transaction, the following criteria shall apply:
- If the instruction is received by the Company before 5.00 pm on the date of receipt, the unit prices prevailing on that day shall be applied to the transaction.
- If the instruction is received by the Company after 5.00 pm on the date of receipt, the unit prices on the business day immediately following the date of receipt shall be applied to the transaction.
7. Ownership
Copyright and all other intellectual property rights in respect of the material contained on and/or generated through the Service are, and shall remain at all times, in the ownership of the Company.
Other than in fulfillment of obligations or as otherwise contemplated by this agreement, under no circumstances is the Subscriber permitted to publish, re-transmit, re-distribute or otherwise reproduce any of the content which appears on any page of the Extranet in any format to anyone and the Subscriber is prohibited from using any such content in connection with any business or commercial enterprise including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise.
8. Access
The Company shall endeavour to maintain access to the Service on a 24 hour basis. The Company shall not, however, be liable for any losses incurred due to any down time or problems or delays in the provision of the Service.
Access to the Service is controlled through the issue of Certificates by the Company to the Subscriber upon registration for the service.
Access to the Service is also available using Certificates issued by Origo Services Limited.
Access to the Service is also available using the Portal Login Access.
9. Enrolment Information
The Subscriber must provide the following information when enrolling for the Service. If any of this information is either not provided by the Subscriber or is not verified or verifiable to the Company's reasonable satisfaction then the Company will refuse to provide the Service to the Subscriber.
For subscribers in receipt of a Certificate issued by Prudential or Scottish Amicable:
a) The name and contact details of the individual completing the registration screen.
b) The e-mail address to be used as part of the registration process.
c) A Prudential Assurance Company Limited agency number as allocated by the Customer to the Subscriber.
d) The SIB number for the Subscriber or as appropriate for the organisation the Subscriber is employed by must be entered to allow identification of the Subscriber or such organisation.
e) The post code for the Subscriber's office or the office the Subscriber normally works from must be entered.
For subscribers in receipt of a Certificate issued by Origo Secure Internet Services:
a) The name of the individual completing the registration screen.
b) A Prudential Assurance Company Limited agency number, or numbers, as allocated by the Customer to the Subscriber.
c) The post code for the Subscriber's office or the office the Subscriber normally works from must be entered.
For subscribers using the Portal Login Access:
a) a Prudential Assurance Company Limited agency number, or numbers, as allocated by the Customer to the Subscriber
10. Security
The Subscriber is responsible for the security and proper use of all personal identification numbers (PINS), Private Keys, Certificates, User ID and passwords used in connection with the Service and must take all necessary steps to ensure they are kept confidential, secure, used properly and not disclosed to unauthorised people.
The Subscriber must immediately inform the Company if there is any reason to believe that a PIN, Private Key, Certificate, User ID or password has or is likely to become known to someone not authorised to use it or is being or is likely to be used in an unauthorised way.
The Company reserves the right to revoke the Subscriber's Certificate if at any time the Company has reasonable grounds to believe that there is or is likely to be a loss or compromise of the Subscriber's PIN, Private Key, Certificate, User ID or a password relating to that Certificate.
The Subscriber must immediately inform the Company of any changes to the information supplied when enrolling for the Service.
The Subscriber agrees to indemnify the Company in respect of any loss, damage, cost or expense incurred by the Company as a result of any person accessing the Extranet via use of the Subscriber's enrolment information including the Certificate and/or password.
11. Variations
The Company reserves the right to amend, update or alter the Service at their discretion. Should this occur, the amended, updated or altered version of the Service shall become the current release of the Service ("the Current Release"). Only the Current Release may at anytime be used by the Subscriber.
The Service has been prepared in accordance with the Company's current understanding of the FSA Rules and current Inland Revenue Legislation and practice. This may however be subject to future variation.
12. Exclusions
The Company has applied care and skill to produce the Service to a professional standard. It has taken all reasonable steps to ensure the information contained within the Extranet is accurate, current and complies with the relevant legislation and regulations as at the date of issue. However, the Company cannot guarantee that the Service is free of errors and omissions and so no warranty is given and no representation is made regarding the accuracy or completeness of the Extranet. Consequently, the Company does not accept any liability for losses or damages (whether direct, indirect, special, consequential or otherwise), howsoever incurred, arising from the use of the Service. Further, no warranty is given that the Extranet shall be available on an uninterrupted basis and no liability can be accepted in respect of losses or damages arising out of such unavailability.
The Company will try to ensure the Extranet is virus free however no representation is made as to freedom of viruses from the content of the Extranet. The Company cannot however be held liable for any loss or damage caused by the presence of a virus which has not been detected by the virus checking software. The Company therefore recommends the Subscriber employs their own virus detection and protection measures when accessing the Extranet.
Nothing within the Extranet shall be deemed to constitute financial or other professional advice in any way and in choosing to obtain any products and/or services offered by the Company the Subscriber should not rely solely on the information contained within the Extranet.
The Subscriber acknowledges that it is solely responsible for the use to which it puts the Extranet and all the results and information it obtains from the Extranet and that all warranties, conditions, undertakings, representations and terms whether expressed or implied, statutory or otherwise are hereby excluded to the fullest extent permitted by law.
13. Assignment
These Terms and Conditions are personal to and may not be assigned or transferred by the Subscriber to any third party without the prior written consent of the Company.
14. Termination of Access
In the event that the Subscriber is granted an individualised access code, Certificate or password by the Company to enable them to access various specialised aspects of the Service, the Company reserves the right, with or without notice, with or without cause and within their sole discretion, to withdraw or terminate the use of the individualised access code, Certificate or password and to deny the Subscriber access to the specialised aspects of the Service. The Company can suspend or terminate the provision of the Service to the Subscriber with or without notice. Upon termination of the Agreement the provisions of Clause 15 (Data Protection) and Clause 16 (Indemnity) shall continue to apply.
15. Data Protection
The Subscriber and its employees or agents shall at all times strictly comply with all requirements and obligations of the Data Protection Act 1998 (the "Act"), with regulations made thereunder and any statutory amendments or re-enactments thereof.
In respect of any personal data (as defined in the Act) handled by either party pursuant to these Terms and Conditions, each party warrants to the other that it:-
a) has made all the necessary registrations of its particulars in Accordance with the Act and any regulations made thereunder.
b) shall process the Personal Data strictly in accordance with the other party's instructions from time to time and only in accordance with the terms of this Agreement.
c) shall not disclose the Personal Data to a third party in any circumstances other than at the specific request of the other party.
d) has appropriate operational and technological processes and procedures in place to safeguard against any unauthorised access, loss, destruction, theft, use or disclosure of the Personal Data.
e) shall not, except in accordance with the terms of this Agreement, add to or interfere with the Personal Data supplied by the other party without first obtaining their prior written consent, and in the event that the Subscriber adds to or interferes with the Personal Data they shall not represent this as supplied by the Company.
f) shall indemnify the other party against any actions and expenses which the other party may incur as a result of any breach of the warranties in 15a) to e) above.
16. Indemnity
The Subscriber shall use the Service in accordance with these Terms and Conditions and shall indemnify and hold harmless the Company from any losses, damages and costs incurred by the Company arising out of or in connection with the use or disclosure of information derived from the Service or as a consequence of any breach of these Terms and Conditions by the Subscriber.
17. Severability
In the event of any term or condition contained herein being held to be void or unenforceable in whole or in part it shall be deemed to be omitted from these Terms and Conditions and the remaining provisions and conditions shall remain enforceable and valid.
18. Waiver
Failure by the Company to exercise any right or remedy under these Terms and Conditions shall not constitute a waiver of that right or remedy, and shall not prevent the Company from exercising that right or remedy at any time in the future.
19. Law
Unless otherwise agreed in writing between the parties, these Terms and Conditions shall be governed by English Law and subject to the exclusive jurisdiction of the English Courts.
Prudential Assurance Company Limited ("we" or "us") is committed to ensuring that your privacy is protected. This Privacy Policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information.
1. The information we collect and how we use it
When you register on our web site we need to know your name, Agency Numbers, E-mail address, Job Title, Employee ID Number, SIB Number, Postcode and Locality. We gather this information to allow us to process your registration and confirm your identity.
We may also use aggregate information and statistics for the purposes of monitoring web site usage in order to help us develop the web site and our services and may provide such aggregate information to third parties. These statistics will not include information that can be used to identify any individual. We may also use your e-mail address to contact you about servicing and related issues, and to provide you with information about our on-line services, but you will be provided with the option to unsubscribe from these communications.
2. Our use of Cookies and other information gathering technologies
A cookie is a small piece of information generated by a web server and sent to your computer when you access this website. We use nonpersistent, per-session cookies to strengthen security, as they are used to maintain the session between the customer and our systems. We also make limited use of cookies to identify and customise which pages are sent to the user next.
Our cookies do not hold any personal information about you and do not save to your computer hard drive. You should view your browser security settings to check that these are configured to accept per-session cookies. If this is not configured, problems will be experienced accessing certain areas of this website. The cookies stored in your browser are only valid whilst you have your browser window open and are destroyed once the browser window is closed.
Pruadviser uses session cookies, which are issued for security purposes. We store certificate details of a user who has logged on. Session cookies are also used to verify which parts of our site users are allowed to see whilst navigating through Pruadviser and ensures that the user can navigate between non-secure and secure parts of the site without having to log on.
3. Sale of business
In the event that this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchasers and/or their advisers and will be passed on to the new owners of the business.
4. Updating your details
If any of the information that you have provided to us changes, for example if you change your address, please let us know the correct details by writing to us at Commissions Department, Prudential, Craigforth, Stirling, FK9 4UE.
5. Your consent
By submitting your information you consent to the use of that information as set out in this Privacy Policy. If we change our Privacy Policy we will post the changes on this page, and may place notices on other pages of the web site, so that you may be aware of the information we collect and how we use it at all times. Continued use of the service will signify that you agree to any such changes.
6. How to contact Prudential
We welcome your views about our web site. If you would like to contact us with any queries or comments please send an E-mail to "pruadviser.helpdesk@prudential.co.uk."
