Terms and Conditions
Welcome to The Wealth Consultant’s terms and conditions
Please read the terms and conditions below carefully. These terms and conditions govern your use of the website www.thewealthconsultant.co.uk (the Platform).
These terms and conditions are subject to change, and it is your responsibility to check these terms and conditions regularly before using the Platform in case there are any changes. Your continued use of the Platform or the services described herein after the posting of revisions to these terms and conditions will constitute your acceptance of such revisions. Please consult the end of these terms and conditions to determine when they were last revised.
If you do not agree with the terms and conditions set out below, you should not use or access the Platform. Your use of, or participation in, certain services may be subject to additional terms, which will be made available to you prior to you using such services.
1. thewealthconsultant.co.uk is the website of The Wealth Consultant Limited, company number 11486164, with its registered address at Marlborough House, Victoria Road South, Chelmsford, CM1 1LN (the Provider, we or us). The following terms and conditions will apply between you and us when you access the Platform or use any services offered by us. These terms and conditions do not affect your statutory rights.
Description of services
3. We own and operate the Platform and through the Platform, provide a digital matching and introduction service for prospective clients and professional wealth managers (the Digital Introduction Service).
5. The Digital Introduction Service is a discretionary listing and matching service. We are under no obligation to, and make no representation or warranty that we will, at any time, match you with a wealth manager, or that any matched wealth manager will provide you with services.
6. It is your responsibility to select an appropriate wealth manager and to agree any fee arrangements and terms of engagement with such wealth manager. We are not responsible for any advice provided to you by a wealth manager listed on the Platform, and it is your responsibility to verify the suitability of any financial products offered by any such wealth manager.
7. By using the Platform and any of the services described in these terms and conditions, you agree to the following:
7.1. Age: You must be eighteen years old or older to use the Platform. If you are under eighteen, you may only use the Platform with the agreement of, and under the supervision of, a parent or guardian. If you do not qualify, please do not use the Platform.
7.2 Geographic Limitations: The Platform and the services offered by us are intended for use in the United Kingdom. You agree that you will only use the services in a manner consistent with these terms and conditions and any and all applicable local, state, national and international laws and regulations. To the extent that the services are not legal in your jurisdiction, you may not use the services. The services may not be used where prohibited by law.
7.3. Your Information: You are solely responsible for, and assume all liability regarding the information that you provide for the purposes of using the services and warrant that all such information is true, accurate, current and complete in all respects.
7.4. No matching guarantee: We make no guarantee as to the number of matched wealth managers that we will be able to pair you with using the Platform, and we are not responsible for the suitability of any matched wealth manager or the advice provided by them.
7.5. No financial advice: The purpose of the Digital Introduction Service is to match you, our customer, with an independent financial adviser with a view to you obtaining general investment advice. In doing so, we do not ourselves provide any investment advice, are not authorised by the Financial Conduct Authority and conduct the Digital Introduction Service within the scope of an applicable exemption which allows us to make introductions.
7.6. Acceptable Use: You agree to comply with all applicable laws and regulations in respect of your use of the Platform. You must not misuse the Platform by knowingly introducing viruses, or other material which is defamatory, malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not interrupt or attempt to interrupt the operation of the Platform. You may not use the functionality within the Platform to contact advisers for your own commercial purposes. We reserve the right to block your access to the Platform in the event of a suspected breach of this provision.
8. General disclaimer: We make the Platform available on an “as is” basis. We make no representation or warranty that your use of the Platform will be uninterrupted or error-free; or that the services, documentation and/or the information obtained by you through the Platform will meet your requirements. The information provided by us on the Platform is intended for general information purposes and represents our, or a wealth manager’s understanding, of the subject matter as at the date of publication. The information on the Platform is not intended to constitute legal, taxation or financial advice. We strongly recommend that you seek independent professional advice before taking action, or omitting to act, based on information made available on or via the Platform.
9. Specific disclaimer: Without prejudice to the generality of the above statement, the Digital Introduction Service is conducted by us based on (i) the information provided by you in your questionnaire and (ii) the information provided by the wealth managers listed on the Platform. Whilst we use reasonable efforts to ensure that the wealth managers listed on our site are authorised to provide the financial advice offered on the Platform by making appropriate checks, we do not approve or endorse either the wealth managers or any advice which may be provided by them. It is your responsibility to verify the qualifications of any wealth managers matched by us, and to satisfy yourself that the wealth manager chosen by you is appropriate for your needs and circumstances.
10. Advertising: The Platform may, from time to time, contain advertising content. Any such content is provided for your information. We are not responsible for ensuring the accuracy or completeness of any such advertising content.
Charges and payment
11. Digital Introduction Service: You agree and acknowledge that the Digital Introduction Service is a free service offered by us to users of the Platform. You understand that we receive payments from wealth managers who are listed on our site in return for marketing their services.
12. Services other than the Digital Introduction Service: From time to time we, or our affiliates, may agree to provide you with services other than the Digital Introduction Service (the Additional Services). Prior to providing any Additional Services to you, we will provide you with a costs estimate. Following receipt of such costs estimate, which will be sent to you via email using the email address provided on your questionnaire, if you proceed to use the Additional Services, you agree to pay to us the charges outlined in such costs estimate. Any such charges shall be payable by you, in full and in cleared funds, within 14 days of receipt of an invoice from us, to the bank account indicated on our invoice.
13. Changes to charges: We reserve the right to increase our charges from time to time. We will give you written notice of any such increase before the proposed date of that increase. If such increase is not acceptable to you, you must inform us in writing and cease to use the Additional Services.
14. No set-off and non-payment: All amounts due to us under these terms and conditions shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). In the event that you fail to pay any amount due to us, we may cease to provide any or all services to you with immediate effect.
Limitation of liability
15. Subject to clause 17, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions, the Platform and the services offered by us, for (a) loss of profit; (b) loss of sales or business; (c) loss of agreements or contracts; (d) loss of anticipated savings; (e) loss of use or corruption of software, data or information; (f) damage to goodwill; and (g) any indirect or consequential loss, including investment losses.
16. Subject to clause 17, our total liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these terms and conditions, the Platform and the services offered by us shall be limited to the total charges paid by you under these terms and conditions. The terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these terms and conditions.
17. Nothing in these terms and conditions shall limit or exclude our liability for (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law. These clauses 15, 16 and 17 shall survive any termination of the relationship between us.
18. We reserve the right to end our agreement with you and to suspend or terminate your access to the Platform immediately and without notice to you if: (i) you fail to make any payment to us when due, (ii) you breach any of these terms and conditions, (iii) when requested by us, you fail to provide within a reasonable time frame, sufficient information to enable us to check the accuracy or validity of any information supplied by you or your identity or (iv) we suspect that you have engaged, or are about to engage, or be involved in, any fraudulent or illegal activity on or in connection with the Platform.
20. Intellectual Property Rights: All Intellectual Property Rights in or arising out of or in connection with the Platform or the services offered by us shall be owned by us, and you agree not to use or copy any of them without our written permission. Intellectual Property Rights means all patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
21. Entire agreement: These terms and conditions constitute the entire agreement between us and you and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
22. No representations: You agree that you shall have remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms and conditions.
23. Variation: No variation of these terms and conditions shall be effective unless it is in writing and signed by both you and us.
24. Severance: If any provision or part-provision of these terms and conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the terms and conditions.
25. Law and jurisdiction: These terms and conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms and conditions or their subject matter or formation.
26. Revision date: These terms and conditions were last revised on Monday 12th August 2019.