1 General Terms
- These Retail Client Terms and Conditions (“these Terms”) apply to you as a Retail Client when we provide advisory services to you via our automated online platform (“AdviceBridge”) available via our website www.advicebridge.com (“our site”). We explain the significance of being a Retail Client in clause 2 below.
- Please read these terms carefully before you use the advice services. These terms tell you who we are, how we will provide services to you, what to do if there are a problem and other important information.
- We recommend that you print or save a copy of these terms for future reference.
2 Client Categorisation
- For the purposes of these terms, we will treat you as a Retail Client. Retail Clients benefit from the highest degree of protection under the rules contained within the FCA Handbook of rules and guidance You may ask us to treat you as a Professional Client and we may agree to do this if you meet the applicable criteria. However, if you ask us to treat you as a Professional Client and we agree, you should be aware that among the various protections lost may be the ability to complain to the Financial Ombudsman Service (FOS) and the right to make a claim under the Financial Services Compensation Scheme (FSCS).
- These terms do not apply to Professional Clients so if we agree to treat you as such, you will be asked to enter into a different agreement with us containing terms and conditions applicable to Professional Clients.
3 Information about us
- We are NB Dhanuka Investment Management Limited a company registered in England and Wales. Our company registration number is 10465716 and our registered office is at 1-3 Worship Street, 2nd Floor, London, EC2A 2AB, United Kingdom.
- We are authorised and regulated by the Financial Conduct Authority (“FCA”), whose address is 12 Endeavour Square, London E20 1JN. Our FCA registration number is 779505. You can check this on the Financial Services Register by visiting www.fca.org.uk/register.
4 How to contact us and how we will contact you
- You can contact us by writing to us at email@example.com or 3 Lloyd’s Avenue, London, EC3N 3DS.
- Subject to paragraph 8.1 of these terms below, we will enter into communication with you through whatever means are convenient to both you and us, including telephone, e-mail and other acceptable electronic communication methods.
- We will communicate with each other in English. Documents and other information we supply to you will be in English.
5 Conflicts of Interest
- Situations may arise where we, or one of our customers, will have some form of interest in the business that we are transacting for you. If this happens, or we become aware that our interests or those of one of our other customers conflict with your interests, we will inform you in writing and obtain your consent before we carry out your instructions and detail the steps we will take to ensure fair treatment.
- We have arrangements in place to ensure our clients are treated fairly, and we have a conflict of interest policy in place to help us manage the risks. You may ask for a copy of this policy at any time. This is intended to enable us to operate, monitor and maintain effective organisational and administrative arrangements with a view to taking all reasonable steps to prevent conflicts of interest.
6 The advice services
- We will provide regulated financial advice relating to your retirement income needs. We will do so through our website, by telephone or web(video) conference. In doing so we may advise on the use of various product types that may be suitable for your needs including private personal pensions, occupational pensions, ISAs, fixed single life annuities, and other similar product types. We will also advise on levels of risk within your investment portfolio which may be suitable for your needs along with particular products and funds from specific providers.
- We will not provide any ongoing reviews or monitoring of your portfolio or investments. You can request fresh advice at any time.
- Our advice will focus only on your retirement income needs. We will not consider or advise you on other financial needs you may have, for example, protection and insurance needs.
- We have no ties to any particular product or fund provider(s), but we can currently only recommend a limited range of products and funds. As our advice will focus only on your retirement needs, and the range of products and funds we can currently recommend is limited, the scope of the advice services is limited. Please be aware that other financial advisory services are available which are not limited in these respects.
- You accept that retirement-only advice of this kind may only be appropriate if
- you do not have outstanding debts (excluding a mortgage)
- you have sufficient savings to meet living expenses for 3 months for an emergency
- you have adequate insurance to protect you and your family
- you are not expecting a significant change in your financial circumstances.
7 Other services
- In addition to the advice services, we also provide through our site a number of financial tools for you to use.
- Any information or other output from these financial tools are not to be construed as or relied upon as advice or as a personal recommendation, and you agree not to construe it or rely upon it as such.
8 Providing advice services
- The advice services are provided via AdviceBridge, which is accessible via our website. The financial tools provided as part of our other services are available to use on our site.
- We may, in addition, provide technical support to assist you in using AdviceBridge and/or our site. You can contact us for technical support using the contact details in section 4 above.
- We will require certain information from you so that we can supply the advice services to you. We will request this from you through AdviceBridge. Any advice or recommendation provided to you will be based on the information you give us through AdviceBridge. The accuracy of any information you give us is your responsibility, and if you give us inaccurate information this could lead to unsuitable advice being given. If you do not give us any information we request or the information you give us indicates that our advice services may not be appropriate for you, we may be unable to supply the advice services to you. We will not be responsible for not supplying any part of the advice services if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- You will need to input certain information when using the financial tools which comprise our other services. Any information or other output from these financial tools will be based on the information you input. The accuracy of any information you input is your responsibility, and if you input inaccurate information this could lead to inaccurate information or other output.
- We may have to suspend the supply of the services to you to:
- deal with technical issues or make minor technical changes;
- update the services to reflect changes in relevant laws and regulatory requirements.
9 Payment for the services
- The “financial plan” advice service is provided for a flat fee of £300 (inclusive of VAT). The fee is payable in advance of receiving your financial plan. We reserve the right, at any time, to change the “financial plan” advice fee, in which case we will notify you and provide full details at least 28 days before the charges are due to come into effect.
- The other services are provided free of charge.
10 Risks of using AdviceBridge
- When using AdviceBridge we will provide you with a username, password, and any other access details. We refer to this information as your “Security Data”.
You must take all reasonable precautions to keep safe and prevent fraudulent use of your Security Data. You must take reasonable care not to disclose, or to allow the disclosure of, your Security Data to any third party whom you have not authorised to act on your behalf. Please note we will never ask for your Security Data over the telephone. You should not respond to any unsolicited emails which look as if they originate from us which asks you to enter your Security Data. We will never issue emails of this type.
The general precautions you should take to keep safe and prevent fraudulent use of your Security Data include (but are not limited to) never writing these details down in a way that is recognisable, avoid choosing a password or other security details that are easy to guess such as your date of birth, and making sure that the arrangements for receipt of post addressed to you are secure.
You should change your details and contact us immediately if you know or suspect that any of your Security Data has been disclosed to, or obtained by, an unauthorised third party or if the security of these details may be in jeopardy.
11 Risks of investing
- We will provide information regarding the risks of any investments we recommend as appropriate. Otherwise, please note the following general risks of investing:
- past performance is not a reliable indicator of future performance;
- the value of an investment may fall as well as rise;
- you may make a loss, and may lose your entire investment;
- the value of investments may exhibit significant volatility;
- any projected income distributions from your investments are not guaranteed unless expressly stated to be guaranteed and may also exhibit significant volatility.
12 Your rights to end the services
- You can stop using our site at any time.
- You have the right to cancel our contract. You may cancel within 14 days from the date on which we confirm to you that we have accepted your instructions to provide the advice services (the “Cancellation Period”).
- We will provide the advice services during the Cancellation Period only if you ask us to do so. If we provide the advice services during the Cancellation Period at your request the right to cancel does not apply to any services provided before we receive your notice of cancellation. You will be obliged to pay any fees for the advice services provided during this period (note paragraphs 8.1 and 8.2 above). You will also be liable for any transactions and charges for any transactions entered into prior to cancellation.
- To exercise your right to cancel you must write to NB Dhanuka Investment Management, 3 Lloyd’s Avenue, London, EC3N 3DS within the Cancellation Period and notify us of your cancellation.
13 If you have a complaint or a problem with our services
- If you have a complaint about our services please contact us by emailing firstname.lastname@example.org. We will acknowledge your complaint within 5 working days. We will send you a final response within 8 weeks.
- Should you not be satisfied with our final response, you may be entitled to refer the matter to the Financial Ombudsman Service (FOS) within 6 months of the date of our final response. Further information is available at www.financial-ombudsman.org.uk and you may contact the FOS by:
writing to: The Financial Ombudsman Service, Exchange Tower, London E14 9SR;
telephone: 0800 023 4567 or 0300 123 9 123;
14 Financial Services Compensation Scheme (FSCS)
- We are covered by the FSCS. You may be entitled to compensation from the scheme if we cannot meet our obligations. This depends on the nature of the services provided and the type of business transacted and the circumstances of the claim.
- Further information about the compensation scheme and the compensation limits that apply to the various types of business can be found on the FSCS website – www.fscs.org.uk or by contacting them on 0800 678 1100.
15 Our liability to you
- We will take reasonable care in providing our services to you and will be responsible to you for liabilities, losses, costs or expenses suffered by you as a direct result of our negligence, wilful default, fraud or breach of our obligations or statutory duty. However, we do not accept liability for liabilities, losses, costs or expenses suffered by you which were not reasonably foreseeable to both you and us at the time when we entered into our contract. You may also have rights against us under the regulatory system which applies to us under the Financial Services and Markets Act 2000. These rights, or any other statutory rights you may have, are not affected in any way by our contract. For further information about your statutory rights, you can contact the Citizens Advice Bureau or your legal adviser. The FCA website (www.fca.org.uk) also has a consumer section.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services including the right to receive services which are as described and match the information we provided to you.
- We are not liable for business losses. We only supply services for personal use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
- We are not responsible for delays outside our control. If our supply of any services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
16 How we may use your personal information
- We may record telephone conversations, video calls or any other electronic communication and retain copies of them, as well as any transcripts and any written or electronic communication we have with you. These will be used for the purpose of administering your account, training, evidencing compliance with regulatory requirements, evidence in the event of a dispute, or as evidence in court. A copy of any such recording will be available on request for a period of 5 years from the date of the conversation, call or communication
17 Other important terms
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- Each paragraph of these terms operates separately. If any court or relevant authority decides that any paragraph of these terms is unlawful, the remaining paragraphs will remain in full force and effect.
- If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
- These terms are governed by English law and you can bring legal proceedings in respect of the services in the English and Welsh courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.