Please read these Terms carefully, and contact us if you have any questions. These Terms Of Service are specific to the Find an Adviser tool accessed via evidenceinvestor.com.
- Terms & Conditions of Service, hereafter referred to as Terms refer to this text.
- Ember Regis Group Limited, hereafter referred to as ‘ERG’, as well as the words ‘we’, ‘us’, ‘our’ and ‘ours’ refer to Ember Regis Group Limited (‘ERG’), a UK registered limited liability company.
- Service hereafter referred to as ‘Service’ refers to the identification of a certified financial adviser or planner based on the information provided by the Client.
- Client, Customer and User, hereafter referred to as ‘Client’, as well as the words ‘you’ ‘your’ and ‘yours’ refer to the party and any person or organisation acting on their behalf who engages ERG to carry out the work on the Service or visits ERG’s websites.
- Adviser refers to any third party, company, organisation or person not affiliated with or controlled by ERG or the Client, who is introduced to the Client with the intention that the Adviser will provide financial advice or other financial services to the Client. In this circumstance, the Adviser will typically (but not always) be a certified financial adviser or planner.
- These Terms and Conditions govern the Clients access to and use of the Find an Adviser Service.
- By accessing the Service, the Client agrees to have understood and to be bound by these Terms.
- These Terms constitute the entire agreement between ERG and the Client, unless otherwise varied by mutual consent between ERG and the Client in written form. If no other document has been provided, these terms alone constitute the entire agreement between ERG and the Client.
- The Client is not contractually bound to ERG. The Client is free to enter into an agreement (or not) with the Adviser recommended by the Service.
- ERG does not provide financial advice, or financial services of any kind. Any such activity should only be provided by a certified financial adviser, planner, or other financial professional.
- Financial advice does not guarantee a return on investment. Investing is inherently risky, markets can go up or down, and when you invest you may not get back the amount you invested.
Costs and payment
- This service is free at point of use for the Client. ERG is not paid by the Client.
- If the Client decides to enter an agreement with an Adviser, they will need to agree to pay the necessary fees for services provided by that Adviser.
- ERG will begin the process of finding a suitable Adviser within 5 working days of receiving the form submission via evidenceinvestor.com/find-an-adviser/.
- The Service, and the Adviser(s) we recommend, are based on the information the Client provides to ERG, and the suitable Advisers that exist within ERG’s network.
- ERG’s Find an Adviser Service only function is to put investors in contact with an Adviser. ERG bears no responsibility for the delivery of services from the Adviser to the Client.
- ERG does not guarantee to find a financial advisor to meet your needs. In the event of this, ERG will contact you to inform you that they are unable to connect you with an Adviser at this time.
- ERG is remunerated by financial Advisers per each successful referral. This is activated only when a Client enters an agreement with and becomes a client of an Adviser who was introduced by ERG.
- Advisers are introduced to Clients solely at ERG’s discretion.
- ERG introduces Clients to Advisers on the assumption that the information that the Adviser provides is accurate, and that they are acting in good faith.
- ERG does not guarantee that information provided by an Adviser is accurate.
- ERG will keep confidential all Confidential Information disclosed to them by the Client, except where that information has entered the public domain via another source, or except where it is required by law or regulation, provided that, to the extent practicable in the circumstances, the disclosing party is in each case given reasonable advance notice of the intended disclosure and a reasonable opportunity to challenge the same to the owner of such Confidential Information.
- ERG will maintain measures and procedures as are reasonably practicable to provide for the safe custody of the Confidential Information.
- ERG will only store, copy or use the Client’s Confidential Information to the extent necessary to perform its obligations under the Service.
- ERG will comply with all applicable Data Protection Legislation. Data Protection Legislation shall mean up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
- Any confidential or proprietary information which is acquired by ERG from a Client, company, person or entity will only be disclosed to the Adviser, and will not be used or disclosed to any other person or entity, except when required to do so by law.
- If required, ERG will sign and adhere to the conditions of any non-disclosure agreement used by the Client.
- ERG shall be under no liability if unable to carry out any provision of the Service for any reason.
- ERG cannot be held liable for loss or damage caused as a result of Adviser action or failure.
- The Client bears full responsibility for their decision to enter into any agreement with an Adviser. ERG is not liable or responsible for any loss or damages, financial or otherwise, that may result from working with the recommended Adviser, or from investment activity of any kind.
- Nothing in this agreement limits or excludes ERG’s liability for:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
- Subject to the previous clause, ERG shall not be liable to the Client, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with this agreement for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of use or corruption of software, data or information;
- any indirect or consequential loss.
- Save where expressly provided, all conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this agreement or any collateral contract, whether by statute, common law or otherwise, are hereby excluded to the maximum extent permitted by law.
- These terms and conditions are governed by and construed in accordance with the laws of England and Wales.
- Any dispute you have which relates to these terms and conditions, or your use of ERG’s Services (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.
Changes to these terms and conditions
- Please check these terms and conditions regularly. We can update them at any time without notice.
- You’ll agree to any changes if you continue to use ERG’s the Service after the terms and conditions have been updated.
Last update 11 June 2020