The Web site located at www.envisionyourmoney.com ("Site") is provided by ‘Envision
Your Money’, a trading name of Envision Your Money Limited.
Your access to and use of the Site is governed by this User Agreement ("Agreement").
As used in this Agreement, "Envision Your Money Limited," “ENVISION YOUR MONEY", "we," "us'" or
"our" refers to Envision Your Money Limited, and "you" or "your" refers to you, the user of
The Agreement below is the agreement you consented to upon subscribing to the site.
1. Access and Passwords
As part of the subscription process for this Site, you have selected or been assigned a
particular username and password in accordance with our username and password
YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE
SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO
PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR
You agree that all actions taken by you, or any other user that accesses the Site using
your username and password, at or through the Site will be attributed to and legally bind
you, even with respect to acts for which the user had no actual authority or made an
error. You assume all resulting liability from use of the Site and any services available on
it by you or others using your username or password. If you lose your username or
password, please contact us at: firstname.lastname@example.org
Our Privacy Notice is a part of this Agreement and its terms are incorporated herein by
this reference. Please read it now at the link on our site.
3. User Conduct
The Site may contain bulletin board services, news groups, forums, and/or other
message or communication facilities ("Communication Services") designed to enable
you to communicate with others. You agree to use the Communication Services only to
submit or post messages and material that are proper and, when applicable, related to
the particular Communication Service. You are also prohibited from submitting to,
posting or transmitting through Envision Your Money any unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable material of any kind, including but not
limited to any material that encourages conduct that would constitute a criminal offence,
give rise to civil liability, or otherwise violate any applicable local, state, national, or
international law. Content that consists of or contains software viruses, political
campaigning, commercial solicitation, chain letters, mass mailings, or any form of
"spam" is prohibited. You may not use a false email or postal address, impersonate any
person or entity, or otherwise mislead as to the origin of your posted content.
Any opinions, advice, statements, services, offers, or other information that constitutes
part of the content expressed or made available by third parties are those of the
respective authors or distributors and not of Envision Your Money nor its affiliates, not any
of their officers, directors, employees, or agents. You acknowledge that Envision Your
Money does not pre-screen all content, but that Envision Your Money and its designees
shall have the right (but not the obligation) in their sole discretion to refuse or move any
content that is made available via the Communication Services. Without limiting the
foregoing, ENVISION YOUR MONEY and its designees shall have the right to remove any
content that violates this Agreement or is otherwise objectionable. You specifically agree
that Envision Your Money is not responsible for any content sent using and/or included in
the Site by any third party.
4. Subscription Fees and Payments
You can always find the current Subscription Fees posted on our site. Your subscription
will continue and, where applicable, renew annually automatically, unless terminated by
us or until you notify us by email or as designated on the Site of your decision to
terminate your subscription. If there are any annual, monthly, or similar periodic fees for
your subscription, these fees will be billed automatically to the credit card designated
during the registration process for the Site or subsequently designated by you to us, at
the start of the annual, monthly, or similar period, and at the start of each renewal
period, unless you terminate your subscription before the relevant period begins. You
agree to pay or have paid all fees and charges incurred in connection with your
username and password for the Site (including any applicable taxes) at the rates in
effect when the charges were incurred.
All fees and charges are nonrefundable. We may
change the fees and charges then in effect, or add new fees or charges, by giving you
notice in advance. All fees and charges incurred in connection with your username and
password will be billed to the credit card designated during the registration process for
the Site or subsequently designated by you to us. If you want to designate a different
card or there is a change in credit card validity or expiration date, or if you believe
someone has accessed the Site using your username and password without your
authorisation, you may email us at email@example.com. You are also
responsible for any fees or charges incurred to access the Site through an Internet
service provider or other third party service.
YOU, AND NOT US, ARE RESPONSIBLE
FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY
WHICH WERE NOT AUTHORISED BY YOU.
5. Copyright and Restrictions
This Web site contains proprietary material of Envision Your Money Limited(or material that other
suppliers have licensed to Envision Your Money Limited for their use) which is protected by
copyright and other laws respecting proprietary rights. Envision Your Money Limited retains all rights
in the material and media, including (without limitation) all copyright and other proprietary
rights worldwide in all media.
You may not use Envision Your Money Limited material except as expressly permitted under this
Agreement and under United Kingdom copyright laws. Any routine and/or systematic
redistribution of any portion of the products licensed herein is expressly prohibited.
users who are duly authorised may access Envision Your Money for individual use, i.e.,
may view the information on screen; may download small portions of the information to a
computer disk for personal convenience and later reference; and may print paper copies
of small portions for personal use only.
The rights granted here are an expansion of the
rights granted under the Copyright Act and do not include any rights to reproduce in its
entirety any portion of the information or materials contained therein. No part of the
information may be duplicated in any medium or format beyond the express terms of this
Agreement without prior written authorisation from Envision Your Money Any use not
authorised by the Agreement is prohibited.
You acknowledge that the information (and
the licensed materials contained therein) is highly proprietary in nature and that
unauthorised copying, transfer or use may cause Envision Your Money and/or Envision Your Moneys’ suppliers irreparable injury that cannot be adequately compensated for by
means of monetary damages. You agree that any breach of this provision by you, or any
subscriber or end-user, may be enforced by Envision Your Money and/or Envision Your Moneys’ suppliers, by means of equitable relief (including, but not limited to, injunctive
relief) in addition to any other available rights and remedies.
You agree that any
supplier of any portion of the licensed materials may enforce its rights against you, even
though that supplier is not a party to the Agreement.
You may not and may not permit others to: reproduce, publish, distribute, sell, or
otherwise access or use any material retrieved from or contained in or on this Site in any
manner whatsoever that may infringe any copyright or proprietary interest of Envision Your Money Limited; distribute the information contained in and/on this Site to other users not duly
authorised to Access the Site; distribute, rent, sublicense, lease, transfer or assign the
information or Agreement; decompile, disassemble, or otherwise reverse-engineer this
Site or information contained in or on this Site or any software contained therein, or alter,
translate, modify, or adapt it to create derivative works. Unauthorised reproduction,
transfer, and/or use may be a violation of criminal as well as civil law.
You are expressly prohibited from placing or installing any portion of the information on
any electronic media, including, but not limited to, local or wide area networks,
timesharing services, multiple processing units, multiple site arrangements, service or
software rental bureaus, list servers, online services, electronic bulletin boards or
forums, World Wide Web sites or any other server that is Internet-enabled, without
written authorisation by Envision Your Money Limited.
If you breach any provision of this Agreement, Envision Your Money Limited may immediately
terminate this Agreement and all licenses granted hereunder without prior notice and in
addition to any other available rights and remedies
6. Accuracy and Availability of Information
While we use commercially reasonable efforts to provide accurate information, Envision Your Money Limited gives no warranty as to the accuracy of the database, software or other content
on the Site. Envision Your Money reserves the right to withdraw or delete information or
content from the Site at any time.
7. Links to Third Party Sites
Envision Your Money Limited does not endorse the content on any third-party Web site, including
Web sites of Envision Your Money' affiliates ("Third-Party Sites"). Envision Your Money is not
responsible for the content of Third-Party Sites that you reach through links on the Site,
sites framed within the Site, or third-party advertisements on the Site, and we do not
make any representations regarding their content or accuracy. Your use of Third-Party
Sites is at your own risk and subject to the terms and conditions of use for such sites.
Any transaction that you conduct at a Third-Party site will be between you and the party
providing that Web site. This means that Envision Your Money is not your agent and is not a
party to any transaction at a Third-Party Site.
8. Representations and Warranties
You represent and warrant to Envision Your Money Limited that: (a) you possess the legal right and
ability to enter into this Agreement; (b) all information submitted by you to the Site is true
and accurate; (c) you will be responsible for all use of your username and password
even if such use was conducted without your authority or permission; (d) you are at least
18 years old; and (e) you will not use the Site for any purpose that is unlawful or
prohibited by this Agreement.
9. Disclaimer of Warranties
ALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND
WITHIN THIS SITE BY ENVISION YOUR MONEY AND ITS AFFILIATES ARE PROVIDED
"AS IS" AND "WITH ALL FAULTS," WITHOUT WARRANTIES OF ANY KIND, AND
ENVISION YOUR MONEY LIMITED AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NONINFRINGEMENT.
SPECIFICALLY, BUT WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, ENVISION YOUR MONEY LIMITED DOES
NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING:
OF THE SITE AT ANY PARTICULAR TIME
(b) ACCURACY OF THE CONTENT OR
HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE;
TRANSMISSIONS TO, FROM OR WITHIN THE SITE;
(e) LACK OF VIRUSES
(f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT
PROVIDED UNDER THIS AGREEMENT WITH UNITED KINGDOM LAWS OR
THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL
MEET ANY PARTICULAR CRITERIA OF ACCURACY, PERFORMANCE OR QUALITY
(h) THAT IT IS YOUR RESPONSIBILITY TO EVALUATE THE COMPLETENESS,
ACCURACY OR USEFULNESS OF ANY CONTENT OR OUTPUTS FROM THIS SITE
AND IF IN DOUBT YOU SHOULD SEEK PROFESSIONAL FINANCIAL ADVICE
REGARDING THE EVALUATION OF SUCH OUTPUTS
(i) THAT USERS OF THIS
SITE WHO ARE REGULATED FINANCIAL ADVISERS AND/OR FINANCIAL
PLANNERS ARE SOLELY RESPONSIBLE FOR ADVICE PROVIDED TO THEIR
CLIENTS AND NOTHING IN THIS AGREEMENT OR WEBSITE SHALL PLACE ANY
LIABILITY ON ENVISION YOUR MONEY LIMITED FOR ANY ADVICE GIVEN.
10. Limitation of Damages
IN NO EVENT WILL ENVISION YOUR MONEY LIMITED OR ANY OF ITS AFFILIATES BE LIABLE
FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES
WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORISED ACCESS TO
INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH
OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF ENVISION YOUR MONEY
LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability; Exclusive Remedy
ALSO, IN NO EVENT WILL ENVISION YOUR MONEY OR ANY OF ITS AFFILIATES BE
LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE
TOTAL AMOUNT ACTUALLY RECEIVED BY ENVISION YOUR MONEY LIMITED FROM YOU FOR
ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE
DURING THE YEAR PRIOR TO YOUR CLAIM.
You agree to indemnify and hold us harmless, and pay our legal fees and costs, if we
become liable for or incur any damages in connection with your breach of this
Agreement. You may not settle any dispute without our prior consent, which may only be
given in a non-electronic writing signed by an authorised representative of Envision Your Money Limited..
13. Consent to Electronic Notices and Other Communications
You agree that all of your transactions relating to the Site may, at our option, be
conducted electronically, including any that we are otherwise required to provide in
"writing". For example, we may send you notices via postings at the Site or via email to
any email address that you provide to us during registration as a Site member. If you do
not wish to deal with us electronically, you should not use the Site or enter into this
Agreement. If applicable law now or later requires us to communicate with you non-
electronically, we reserve the right to charge a fee for doing so. Notice will be deemed
given 24 hours after the email is sent, unless (for email) we are notified that the email
address is invalid. Alternatively, we may give you notice by mail to the address provided
14. Print a Copy for Your Records
You agree to print or make an electronic copy of this Agreement (and any amendment
from time to time) and retain it in your records. You also agree to make a copy of any
other information that we deliver to you in writing.
Envision Your Money Limited may terminate your subscription and/or access, or suspend access to
all or part of the Site, without notice, for any conduct that Envision Your Money Limited, in its sole
discretion, believes is in violation of this Agreement, any applicable law, or any act which
is harmful to the interests of another user, service provider, or Envision Your Money. Where
applicable, Envision Your Money Limited may also elect not to renew your subscription and access
by providing a notice of non renewal prior to the end of your current subscription term.
Applicable sections of this agreement will survive any termination or expiration of this
You agree not to assign your rights under this Agreement without the consent of an
authorised representative of Envision Your Money Limited in a non-electronic record, and any
assignment without Envision Your Money' consent will be voidable at Envision Your Money's
option. This Agreement will inure to the benefit of and bind the parties' respective
successors and permitted assigns.
17. Applicable Law and Disputes
This Agreement is governed by English law, without regard to principles of conflict of
Any disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of
a mutually agreed-upon mediator in the United Kingdom. Any costs and fees other than
legal fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we
agree to submit the dispute to binding arbitration. Judgment upon the award rendered by
the arbitration may be entered in any court with jurisdiction to do so.
Envision Your Money Limited may change the provisions of this Agreement. When Envision Your
Money changes the terms of this Agreement, Envision Your Money will notify you by email
or online postings on this Site. The changes will also appear in this document, which you
can access any time. You already agreed to be bound by the changes when you first
subscribed to the site. If you do not agree to be bound by the changes, you should not
use the Site again and you should cancel your subscription to the Site. Even if you have
not clicked on the "I Agree" button or checked the I agree box when subscribing, if you
use the Site after you have been notified of a change to this Agreement, you are
agreeing now to be bound by that change.
19. Entire Agreement; Severability; No Waiver
This Agreement (including all documents incorporated by reference) is the entire
agreement between the parties for its subject matter and supercedes all prior and
contemporaneous communications between the parties. No term of this Agreement may
be waived by Envision Your Money except in a signed, non-electronic writing signed by an
authorised representative of Envision Your Money Limited.
If any provision of this Agreement is found by a court of competent jurisdiction to be
invalid, the parties agree that its remaining provisions will remain in full force and effect,
provided that the allocation of risks described herein is given effect to the fullest extent
possible. Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. You agree that no joint
venture, partnership, employment or agency relationship exists between you and
Envision Your Money Limited or its affiliates as a result of this Agreement or your use of the Site.