Terms and Conditions

Please read these Terms and Conditions carefully. All contracts that MyFinanceFuture may enter into from time to time for the provision of the Planner shall be governed by these Terms and Conditions.

1. Definitions
   1. In these Terms and Conditions:

      "Access Credentials" means the usernames, passwords and other credentials enabling access to the Planner, including access credentials for the User Interface;

      "Account Start Date" means the date upon which MyFinanceFuture sends to the Customer a registration confirmation, following the Customer completing, submitting and verifying the Registration Form;

      "Agreement" means a contract made under these Terms and Conditions between MyFinanceFuture and the Customer;

      "Basic" means a configuration of the Planner offered and made available to the Customer at no charge;

      "Business Day" means any weekday other than a bank or public holiday in England;

      "Business Hours" means the hours of 09:00 to 17:00 GMT /BST on a Business Day;

      "Consumer" means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession;

      "Customer ("You")" means the private individual identified as such in the Registration Form (and “your” should be construed accordingly);

      "Customer Data" means all data, works, content and materials: uploaded to or stored on the Platform by the Customer; transmitted by the Platform at the instigation of the Customer; supplied by the Customer to MyFinanceFuture for uploading to, transmission by or storage on the Platform;

      "Digital Content" means data which are produced and supplied in digital form;

      "Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (which may include failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to applicable law or regulation, disasters, epidemics, pandemics, explosions, fires, floods, riots, terrorist attacks and wars);

      "Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these intellectual property rights include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);

      "MyFinanceFuture (“Us”)" means MyFinanceFuture Services Ltd, a company incorporated in England and Wales (registration number 14845578) having its registered office at 124 City Road, London, England, EC1V 2NX (and we and our should be construed accordingly);

      "MyFinanceFuture Group" means MyFinanceFuture Services Ltd, its holding company MyFinanceFuture Ltd, and any other subsidiary companies of MyFinanceFuture Ltd as established from time to time;

      "Order Form" means an online order form for paid access or services published by MyFinanceFuture in the Planner or on the Website and completed and submitted by the Customer incorporating these Terms and Conditions by reference;

      "Planner" means the financial projection and analysis service for personal financial plans, supplied as Digital Content and comprising tools, content and outputs, which will be made available by MyFinanceFuture to each Customer as a web application via the internet in accordance with these Terms and Conditions;

      "Platform" means the platform managed by MyFinanceFuture and used by MyFinanceFuture to provide the Planner, including the application and database software for the Planner, the system and server software used to provide the Planner, and the computer hardware on which that application, database, system and server software is installed;

      "Premium" means a configuration of the Planner offered and made available to the Customer on a paid basis;

      "Premium Subscription Start Date" means the date upon which MyFinanceFuture sends to the Customer an order confirmation, following the Customer completing and submitting the Order Form for the Premium version of the Planner, and paying the applicable fees for the subscription period;

      "Registration Form" means an online account registration form published by MyFinanceFuture on the Website and completed, submitted and verified by the Customer incorporating these Terms and Conditions by reference;

      "Supported Web Browser" means the current release from time to time of Google Chrome, Microsoft Edge, Apple Safari or any other web browser that MyFinanceFuture agrees in writing shall be supported;

      "Term" means the term of the Agreement, commencing in accordance with Clause 2.1 and ending in accordance with Clause 2.2;

      "Terms and Conditions" means all the documentation containing the provisions of the Agreement, namely the main body of these Terms and Conditions and Schedule 1 (Acceptable Use Policy), including any amendments to that documentation from time to time;

      "User Interface" means the interface for the Planner designed to allow individual human users to access and use the Planner; and

      "Website" means any of the websites at myfinancefuture.com, myfinancefuture.co.uk and any successor websites.

2. Term
   1. The Agreement shall come into force upon the Account Start Date.
   2. The Agreement shall continue in force indefinitely, subject to termination in accordance with Clause 17 or any other provision of these Terms and Conditions.
   3. Unless the parties expressly agree otherwise in writing, each Registration Form shall create a distinct contract under these Terms and Conditions.
3. The Planner
   1. To register for a Planner account, you must complete and submit the Registration Form, verify your email address and give your express acceptance to these Terms and Conditions.
      If your registration is accepted, we will send you a registration confirmation, at which point the Agreement between us shall come into force, your Planner account will be opened and you will have access to the Basic version of the Planner.
      You can correct or update any details provided on the Registration Form on the “My Account” page of the Website.
   2. Once your registration is accepted and confirmed by us, we grant to you a worldwide, non-exclusive licence to use the Planner by means of the User Interface during the Term for the following purposes:
      1. to input and update your long-term personal financial plans;
      2. to produce financial projections of those plans; and
      3. to produce analysis related to those projections.
   3. The licence granted by us to you under Clause 3.2 is subject to the following limitations:
      1. the User Interface may only be used through a Supported Web Browser;
      2. the User Interface may only be used by you personally.
   4. Except to the extent expressly permitted in these Terms and Conditions or required by law on a non-excludable basis, the licence granted by us to you under Clause 3.2 is subject to the following prohibitions:
      1. you must not sub-license your right to access and use the Planner;
      2. you must not permit any other person or any application to access or use the Planner;
      3. you must not use the Planner for any business or commercial purpose, including but not limited to:
      1. creating financial plans, projections and analysis as a service for customers or employees;
      2. validating, or contributing to the validation of, financial plans as a service for customers or employees;
      3. identifying, or contributing to the identification of, improvements to financial plans as, or as part of, a service for customers or employees; or
      4. meeting, or contributing to the meeting of, your or any organisation’s statutory or regulatory obligations;
      4. you must not use the Planner for short-term financial purposes, including but not limited to:
      1. creating short-term financial plans and producing financial projections or analysis relating to those plans;
      2. evaluating short-term financial decisions;
      3. preparing or validating tax returns, or estimating the tax impact of short-term financial decisions; or
      4. short-term budgeting;
      5. you must not use the Planner to provide services to third parties other than your immediate family members;
      6. you must not republish or redistribute any content or material from the Planner;
      7. you must not make any alteration to the Platform; and
      8. you must not conduct or request that any other person conduct any load testing or penetration testing on the Platform or Planner.
   5. You shall implement and maintain reasonable security measures relating to the Access Credentials to ensure that no other person nor any application may gain access to the Planner by means of the Access Credentials.
   6. You must comply with Schedule 1 (Acceptable Use Policy).
   7. You must not use the Planner in any way that causes, or may cause, damage to the Planner or Platform or impairment of the availability or accessibility of the Planner.
   8. You must not use the Planner in any way that uses excessive Platform resources and as a result is liable to cause a material degradation in the services provided by us to our other customers using the Platform; and you acknowledge that we may use reasonable technical measures to limit the use of Platform resources by you for the purpose of assuring services to our customers generally.
   9. You must not use the Planner:
   1. in any way that is unlawful, illegal, fraudulent or harmful; or
   2. in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
   10. For the avoidance of doubt, you have no right to access the software code (including object code, intermediate code and source code) of the Platform or the User Interface, either during or after the Term.
   11. We shall use reasonable endeavours to maintain the availability of the Planner to you, but do not guarantee 100% availability.
   12. We reserve the right to temporarily suspend or restrict access to the Website or to the Planner, or to features or content within the Planner. For example, we may do this when we release changes to the Planner, or when resolving technical or business issues. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website or in the Planner.
4. Customer Data
   1. To the extent that Intellectual Property Rights exist in the Customer Data, and without excluding or limiting your rights to the protection of your personal data as set out in the MyFinanceFuture Privacy Policy, you hereby grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to:
      1. copy, store and transmit the Customer Data; and
      2. edit, translate and create derivative works of the Customer Data,
      
      for the following purposes:
   1. to provide, maintain and improve the Planner;
   2. to develop new products, services and content for MyFinanceFuture Group; and
   3. to the extent reasonably required for the performance of our obligations and the exercise of our rights under the Agreement.
   2. You grant to us the right to sub-license the rights licensed under Clause 4.1 to our hosting, connectivity and telecommunications service providers strictly for the purposes set out in Clause 4.1 and subject to any express restrictions elsewhere in the Agreement.
   3. You warrant to us that the Customer Data will not infringe the Intellectual Property Rights or other legal rights of any person, and will not breach the provisions of any law, statute or regulation in any jurisdiction and under any applicable law.
5. No assignment of Intellectual Property Rights
   1. Nothing in these Terms and Conditions shall operate to assign or transfer any Intellectual Property Rights from us to you, or from you to us.
6. Free access: Planner Basic
   1. Use of the Basic version of the Planner is available at no charge.
   2. For so long as your Planner account remains active in accordance with these Terms and Conditions, you will benefit from the features specified on the Website in relation to the Basic version.
   3. We may from time to time release changes to the Basic version and will publish any such material changes by updating the “Planner Release History” page in the Planner.
7. Paid access: Planner Premium
   1. To access and use the Premium version of the Planner, you must have an active Planner account and must complete the Order Form and pay the applicable fees for the Premium subscription period you have selected.
         If your order is accepted, we will send you an order confirmation, at which point a contract between us for the supply of Premium access shall come into force.
          You will have the opportunity to identify and correct input errors before submitting your order by reviewing a summary of your Order Form and editing any incorrect information.
   2. For so long as your Planner account and Premium subscription remain active in accordance with these Terms and Conditions, you will benefit from the features specified on the Website in relation to the Premium version.
   3. We may from time to time release changes to the Premium version and will publish any such material changes by updating the “Planner Release History” page in the Planner.
      If you are a Consumer and in our reasonable opinion the cumulative effect of such changes since the Premium Subscription Start Date results in a substantial loss of value to you given your specific usage of the Premium version, we will give you written notice of the changes and you shall have the right to terminate your Premium subscription within 14 days of receiving such notice, and we will refund to you any amounts paid to us in respect of any Premium subscription that was to be provided by us to you after the date of such termination.
   4. At the end of any Premium subscription period for which you have paid, and subject to the other provisions of these Terms and Conditions, your Premium subscription will be automatically terminated and your access will revert to the Basic version.
      To retain continuous access to the Premium version you may order a further Premium subscription before the end of your current Premium subscription period; such subscription will be a new contract for the supply of Premium access starting on the day after the end of your current subscription period.
8. Fees for paid access or services
   1. The fees in respect of any paid access or services will be as set out on the Website from time to time.
   2. All amounts stated in these Terms and Conditions or on the Website are stated inclusive of any applicable value added taxes.
   3. You must pay to us the fees in respect of paid access or services in advance, by any of the permitted methods specified on the Website from time to time, in accordance with any instructions on the Website.
   4. We may vary fees from time to time by posting new fees on the Website, but these will not affect fees for services or content that have been previously paid.
   5. If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
   6. If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 14 days following the date of our written request:
      1. an amount equal to the amount of the charge-back;
      2. all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
      3. an administration fee of GBP 25.00 including any applicable VAT; and
      4. all our reasonable costs, losses and expenses incurred in recovering the amount referred to in Clause 8.6 (including without limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognize or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Clause 8.6.
   7. If you owe us any amount under or relating to these Terms and Conditions, we may:
      1. suspend or withdraw the supply of paid access or services to you; or
      2. suspend the provision of the Planner to you.
   8. We may at any time set off any amount that you owe to us against any amount that we owe to you, by sending you written notice of the set-off.
9. Distance contracts cancellation right
   1. This Clause 9 applies if and only if you offer to contract with us, or contract with us, as a Consumer.
   2. You may withdraw an offer to enter into a contract with us through the Website, or cancel a contract entered into with us through the Website, at any time within the period:
      1. beginning upon the submission of your offer; and
      2. ending at the end of 14 days after the day on which the contract was entered into,
      
      subject to Clause 9.3. You do not have to give any reason for your withdrawal or cancellation.
   3. If the contract is for the supply of Premium access, or if you enter into a contract for the supply of Premium access with us during the period referred to in Clause 9.2, you agree that we may begin the supply of Premium access before the expiry of the period referred to in Clause 9.2, and you acknowledge that, if you start to use the Premium access before the end of that period, then you will lose the right to cancel referred to in Clause 9.2.
   4. In order to withdraw an offer to contract or cancel a contract on the basis described in this Clause 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you via the ”Contact Us” feature of the Planner. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.
   5. If you withdraw an offer to contract, or cancel a contract, on the basis described in this Clause 9, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Clause 9.
   6. We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.
   7. We will process the refund due to you as a result of a cancellation on the basis described in this Clause 9 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.
10. Warranties
    1. You warrant and represent to us that:
       1. you are a private individual, resident in the United Kingdom and at least 18 years of age;
       2. you are entering into the Agreement as a Consumer; and
       3. you have the legal right and authority to enter into the Agreement and to perform its obligations under these Terms and Conditions.
    2. All of the parties' warranties and representations in respect of the subject matter of the Agreement are expressly set out in these Terms and Conditions. To the maximum extent permitted by applicable law, no other warranties or representations concerning the subject matter of the Agreement will be implied into the Agreement or any related contract.
11. Acknowledgements and warranty limitations
    1. You acknowledge that the scope of any service comprising complex topics, such as pensions and tax, is never exhaustive; and subject to the other provisions of these Terms and Conditions, we give no warranty or representation that the Planner will be able to process every possible user scenario for any particular topic or that the tools and content in the Planner are fully complete, accurate or up to date for any particular topic.
    2. You acknowledge that complex software and associated content is never wholly free from defects, errors and bugs; and subject to the other provisions of these Terms and Conditions, we give no warranty or representation that the Planner will be wholly free from defects, errors and bugs.
    3. You acknowledge that complex software is never entirely free from security vulnerabilities; and subject to the other provisions of these Terms and Conditions, we give no warranty or representation that the Planner will be entirely secure.
    4. You acknowledge that inputs to the Planner are your responsibility and that default values for input fields and assumptions are intended to assist you in using the Planner efficiently, are general in nature and are your responsibility to review, accept, override or edit (as the case may be); and subject to the other provisions of these Terms and Conditions, we give no warranty or representation that such default values and assumptions are suitable for you to use.
    5. You acknowledge that the tools, content and outputs of the Planner are for general information only and that you must not interpret them as advice on which you should rely.
    6. You acknowledge that the processing and outputs of the Planner relating to the “Savings and Investments” input features of the Planner are on an aggregated basis and that you must not interpret these outputs as being specific to any individual account or contract.
    7. You acknowledge that where the Planner generates short-term projection outputs these are intended to be part of a continuous long-term projection and that you must not interpret these outputs on a stand-alone basis.
    8. You acknowledge that you must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the tools, content, outputs of, or information derived from, the Planner. For example, you should seek further information from a regulated financial adviser or from regulated providers of specific financial products.
    9. You acknowledge that we are an information services company, do not offer or provide any legal, financial, investment, taxation, accountancy or other professional advice, and will not provide such advice under these Terms and Conditions or in relation to the Planner.
    10. You acknowledge that we are not regulated by the Financial Conduct Authority or any other professional regulatory body, and that MyFinanceFuture does not offer or provide a regulated professional service.
    11. Except to the extent expressly provided otherwise in these Terms and Conditions, we do not warrant or represent that the Planner, or the use of the Planner by you, will not give rise to any legal liability on your part or on the part of any other person.
12. Limitations and exclusions of liability
    1. Nothing in these Terms and Conditions will:
       1. limit or exclude any liability for death or personal injury resulting from negligence;
       2. limit or exclude any liability for fraud or fraudulent misrepresentation;
       3. limit any liabilities in any way that is not permitted under applicable law; or
       4. exclude any liabilities that may not be excluded under applicable law,
       
           and, if you are a Consumer, your statutory rights will not be excluded or limited by these Terms and Conditions, except to the extent permitted by law.
    2. The limitations and exclusions of liability set out in this Clause 12 and elsewhere in these Terms and Conditions:
       1. are subject to Clause 12.1; and
       2. govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms and Conditions.
    3. To the extent that the Planner is provided free of charge, we will not be liable for any loss or damage of any nature.
    4. We will not be liable to you in respect of any losses arising out of a Force Majeure Event.
    5. We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
    6. We will not be liable to you in respect of any loss or corruption of any data, database or software.
    7. We will not be liable to you in respect of any special, indirect or consequential loss or damage.
    8. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the Planner or the Agreement (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
    9. Our aggregate liability to you under the Agreement shall not exceed the greater of:
       1. £50; and
       2. the total amount paid and payable by you to us under the Agreement in the 12 month period preceding your bringing a claim.
13. Indemnity
    1. You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of your use of our website or any breach by you of any provision of these Terms and Conditions.
14. Breaches of these Terms and Conditions
    1. Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
       1. send you one or more formal warnings;
       2. temporarily suspend the provision of the Planner to you or the supply of any paid access or services to you;
       3. temporarily suspend your access to the Website or the Planner;
       4. commence legal action against you, whether for breach of contract or otherwise; and /or
       5. in the case of a material breach, permanently prohibit you, or block computers using your IP address, from accessing the Website or the Planner.
    2. Where we suspend or prohibit or block your access to the Website or the Planner, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and /or using a different Planner account).
15. Third party websites
    1. The Planner includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
    2. We have no control over third party websites and their contents, and subject to Clause 12.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
16. Force Majeure Event
    1. If a Force Majeure Event gives rise to a failure or delay in either party performing any obligation under the Agreement (other than any obligation to make a payment), that obligation will be suspended for the duration of the Force Majeure Event.
17. Termination
    1. You may terminate the Agreement at any time during the Term by giving us prior written notice of termination.
    2. We may terminate the Agreement by giving to you at least 14 days' written notice of termination.
    3. You may terminate the Agreement immediately by giving written notice of termination to us if we commit a material breach of these Terms and Conditions.
    4. We may terminate the Agreement immediately by giving written notice of termination to you if you commit a material breach of these Terms and Conditions.
    5. Subject to applicable law, either party may terminate the Agreement immediately by giving written notice of termination to the other party if:
       1. the other party:
       1. is dissolved;
       2. ceases to conduct all (or substantially all) of its business;
       3. is or becomes unable to pay its debts as they fall due;
       4. is or becomes insolvent or is declared insolvent; or
       5. convenes a meeting or makes or proposes to make any arrangement or composition with its creditors;
       2. an administrator, administrative receiver, liquidator, receiver, trustee, manager or similar is appointed over any of the assets of the other party;
       3. an order is made for the winding up of the other party, or the other party passes a resolution for its winding up (other than for the purpose of a solvent company reorganisation where the resulting entity will assume all the obligations of the other party under the Agreement); or
       4. if that other party is an individual:
       1. that other party dies;
       2. as a result of illness or incapacity, that other party becomes incapable of managing his or her own affairs; or
       3. that other party is the subject of a bankruptcy petition or order.
18. Effects of termination
    1. Upon the termination of the Agreement, all of the provisions of these Terms and Conditions shall cease to have effect, save that the following provisions of these Terms and Conditions shall survive and continue to have effect (in accordance with their express terms or otherwise indefinitely): Clauses 1, 3.10, 12, 18, 22 and 23.
    2. Except to the extent expressly provided otherwise in these Terms and Conditions, the termination of the Agreement shall not affect the accrued rights of either party.
    3. Upon the termination of the Agreement, any subsisting contract to supply paid access or services between us shall be automatically terminated and, if such termination of the Agreement results from Clauses 17.2 or 17.3, you will be entitled to a refund of any amounts paid to us in respect of paid access or services that were to be provided by us to you after the date of such termination.
19. Variation
    1. We may revise these Terms and Conditions from time to time. For example, we may need to make revisions to reflect changes in applicable law or regulation, changes to the types of services that we offer, changes to the marketing of our services, or changes in the technology or business processes used to deliver our services.
    2. Subject to Clause 19.3, we will publish revised Terms and Conditions on the Website and will ask for your express agreement to the revised Terms and Conditions when you next access the Planner. If you do not agree to the revised Terms and Conditions, you will not be able to access the Planner.
    3. This Clause 19.3 applies if and only if you are a Consumer and there subsists a contract under the Agreement in respect of the supply of paid access or services. If we revise these Terms and Conditions and in our reasonable opinion the cumulative effect of such revisions since that contract was entered into is materially detrimental to you, we may in our sole discretion:
    1. defer asking for your express agreement to the revised Terms and Conditions until that contract terminates or you enter into a new contract for the supply of paid access or services, whichever is earlier; or
    2. give you prior written notice of the revision and you shall have the right to terminate that contract within 14 days of receiving such notice, and we will refund to you any amounts paid to us in respect of paid access or services that were to be provided by us to you after the date of such termination. If you give your express agreement to the revised Terms and Conditions before the end of the 14-day period, you will lose this right to terminate.
20. Notices
    1. Any notice from us to you under these Terms and Conditions must be sent by email to your email address as updated by you on the “My Account” page of the Website from time to time.
    2. Any notice from you to us under these Terms and Conditions must be given by one of the following methods:  
    1. sent using the customer contact form available through the “Contact Us” feature of the Planner or on the “Contact Us” page on the Website; or
    2. sent by email to the email address specified by us on the “Contact Us” page on the Website from time to time.
    3. Any notices between the parties shall be deemed to be received upon receipt of the relevant email by the recipient’s email server, or upon receipt of the relevant customer contact message in MyFinanceFuture’s customer support application, providing that, if the stated time of deemed receipt is not within Business Hours, then the time of deemed receipt shall be when Business Hours next begin after the stated time.
21. Subcontracting
    1. Subject to any express restrictions elsewhere in these Terms and Conditions, we may subcontract any of our obligations under the Agreement.
22. General
    1. No breach of any provision of the Agreement shall be waived except with the express written consent of the party not in breach.
    2. If any provision of the Agreement is determined by any court or other competent authority to be unlawful and /or unenforceable, the other provisions of the Agreement will continue in effect. If any unlawful and /or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant provision will be deemed to be deleted).
    3. Subject to Clause 19 and Clause 7.3, the Agreement may only be varied by a written document signed by or on behalf of each of the parties.
    4. You hereby agree that we may assign our contractual rights and obligations under the Agreement to any successor to all or a substantial part of the business of MyFinanceFuture from time to time - providing that such action does not serve to reduce the guarantees benefiting you under the Agreement. Save to the extent expressly permitted by applicable law, you must not without our prior written consent assign, transfer or otherwise deal with any of your contractual rights or obligations under the Agreement.
    5. The Agreement is made for the benefit of the parties and is not intended to benefit any third party or be enforceable by any third party. The rights of the parties to terminate, rescind, or agree any amendment, waiver, variation or settlement under or relating to the Agreement are not subject to the consent of any third party.
    6. Subject to Clause 12.1, a Registration Form, together with these Terms and Conditions and any Schedules, shall constitute the entire agreement between the parties in relation to the subject matter of that Registration Form, and shall supersede all previous agreements, arrangements and understandings between the parties in respect of that subject matter.
    7. The Agreement shall be governed by and construed in accordance with English law.
    8. The courts of England and Wales shall have exclusive jurisdiction to adjudicate any dispute arising under or in connection with the Agreement, except that if you are a resident of Northern Ireland or Scotland, you may also bring proceedings in your respective jurisdiction.
23. Interpretation
    1. In these Terms and Conditions, a reference to a statute or statutory provision includes a reference to:
    1. that statute or statutory provision as modified, consolidated and /or re-enacted from time to time; and
    2. any subordinate legislation made under that statute or statutory provision.
    2. The Clause headings do not affect the interpretation of these Terms and Conditions.
    3. References in these Terms and Conditions to calendar months are to the 12 named periods (January, February and so on) into which a year is divided.
    4. In these Terms and Conditions, general words shall not be given a restrictive interpretation by reason of being preceded or followed by words indicating a particular class of acts, matters or things.

Schedule 1 (Acceptable Use Policy)

1. Introduction
   1. This acceptable use policy (the "Policy") sets out the rules governing:
      1. the use of the websites at myfinancefuture.com, myfinancefuture.co.uk, any successor websites, and the services available on those websites or any successor websites (the "Services"); and
      2. the transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").
   2. References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to Myfinancefuture Services Ltd, a company incorporated in England and Wales (registration number 14845578) (and "we" and "our" should be construed accordingly).
2. General usage rules
   1. You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
   2. You must not use the Services:
      1. in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
      2. in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
   3. You must ensure that all Content complies with the provisions of this Policy.
3. Unlawful Content
   1. Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
   2. Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:
      1. be libellous or maliciously false;
      2. be obscene or indecent;
      3. infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
      4. infringe any right of confidence, right of privacy or right under data protection legislation;
      5. constitute negligent advice or contain any negligent statement;
      6. constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
      7. be in contempt of any court, or in breach of any court order;
      8. constitute a breach of racial or religious hatred or discrimination legislation;
      9. constitute a breach of official secrets legislation; or
      10. constitute a breach of any contractual obligation owed to any person.
   3. You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
4. Graphic material
   1. Content must be appropriate for all persons who have access to or are likely to access the Content in question.
   2. Content must not depict violence.
   3. Content must not be pornographic or sexually explicit.
5. Factual accuracy
   1. Content must not be untrue, false, inaccurate or misleading.
   2. Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
6. Negligent advice
   1. Content must not consist of or contain any legal, financial, investment, taxation, accountancy or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy or other professional advisory services.
   2. Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
7. Etiquette
   1. Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
   2. Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
   3. Content must not be liable to cause annoyance, inconvenience or needless anxiety.
   4. You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
   5. You must not use the Services for the purpose of deliberately upsetting or offending others.
   6. You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
   7. You must ensure that Content does not duplicate other content available through the Services.
   8. You must ensure that Content is appropriately categorised.
   9. You should use appropriate and informative titles for all Content.
   10. You must at all times be courteous and polite to other users of the Services.
8. Marketing and spam
   1. You must not use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
   2. Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
   3. You must not send any spam or other marketing communications to any person using any email address or other contact details made available through the Services or that you find using the Services.
   4. You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
   5. You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.
9. Regulated businesses
   1. You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
   2. You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceuticals.
   3. You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.
10. Monitoring
    1. You acknowledge that we may actively monitor the Content and the use of the Services.
11. Data mining
    1. You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
12. Hyperlinks
    1. You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
13. Harmful software
    1. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
    2. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.