PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE JM FINN CLIENT PORTAL
1.1 These terms set out the rules covering the use of the JM Finn Client Portal at valuations.jmfinn.com or on the JM Finn app (both referred to as the “Portal”). These terms should be read together with our Privacy & Cookies Policy, which also apply to your use of the Portal.
1.2 In these terms, “you” and “your” refers to the person accessing the Portal.
1.3 These terms do not cover the terms and conditions that apply to any of your JM Finn accounts, any services we provide to you, or any financial products that you hold, or those of your clients or members of your family group. These terms apply in addition to, and should be read alongside, the JM Finn Terms & Conditions and the terms applicable to any of your financial products with JM Finn, including any key information documents, insurance product information documents, prospectuses and policy documents, or those of your clients or members of your family group.
2. WHO WE ARE AND HOW TO CONTACT US
2.1 The Portal is operated by J.M. Finn & Co. Ltd (“us” or "we"). We are registered in England and Wales under company number 05772581 and have our registered office at 25 Copthall Avenue, London, United Kingdom, EC2R 7AH. J.M. Finn & Co. Ltd is authorised and regulated by the Financial Conduct Authority.
2.2 To contact us about a problem using the Portal, please email IT.Department@jmfinn.com or telephone our customer service line on (+44) 0203 207 3456. Otherwise you can contact your usual JM Finn contact or by using the secure message feature of the Portal (please see Secure Messaging Function below for further information).
3. BY USING THE PORTAL YOU ACCEPT THESE TERMS
3.1 These terms are legally binding. When you first register to use the Portal, we will ask you to confirm that you accept these terms and agree to comply with them or we will give you notice that these terms apply in accordance with the process set out in clause 21 of the JM Finn Terms & Conditions. If you do not agree to these terms, you must not use the Portal.
3.2 We recommend that you print a copy of these terms for future reference.
4. HOW THESE TERMS APPLY
4.1 Through the Portal you may obtain access to:
4.1.1 information about your own JM Finn account(s);
4.1.2 information about the accounts of other individual JM Finn customers in your family as a family group. One person in a family group can be nominated as the lead user and can access information about everyone in the family group’s accounts;
4.1.3 if you are an independent financial adviser (“IFA”) duly appointed and acting on behalf of your client or clients, information about the accounts of those clients who have approved you to access information about their accounts through the Portal; and/or
4.1.4 if you are otherwise duly appointed and acting on behalf of a JM Finn customer (e.g. as a solicitor or another professional adviser), specific information or documents of a JM Finn customer depending on what that customer has told us they want you to be able to access, and these terms apply in each case.
4.2 If you wish to access information about any person’s JM Finn account other than your own personal account, the person whose account it is (or their agent) must authorise us to allow you access to their information. If your authorisation ceases or changes you must immediately cease accessing any information you are no longer authorised by the account holder to access (for example if you are an IFA or another professional person and you change firms). You must also notify us of the change.
5. STATUS OF INFORMATION ON THE PORTAL
5.1 The information on the Portal, including information on investment and cash holdings in your accounts is provided for general information only. It is not intended to amount to advice on which you should rely. You should always speak to your usual JM Finn contact before taking, or refraining from, any action on the basis of the information displayed on the Portal.
5.2 Although we make reasonable efforts to update the information on the Portal, we make no promises or guarantees that the information on the Portal is accurate, complete or up to date, and we are not responsible for any errors in information provided to us by third parties that were present when provided to us. If you or your JM Finn investment manager has recently undertaken any transactions on your account, the investment and cash holdings in your accounts may not be updated until the next business day after your order was placed. In the meantime the investment or cash holding information on the Portal will not reflect the correct position until after pending transactions have been completed.
6. SECURE MESSAGING FUNCTION
6.1 The Portal contains a secure messaging function that you may use to contact your JM Finn investment manager. Your JM Finn investment manager can also send you messages through the Portal.
6.2 However, we will not accept instructions in relation to any of your accounts or products, or any change in your details, through the Portal’s messaging function. If you wish to give instructions in relation to your accounts or investments or update any details, please speak to your usual JM Finn contact.
6.3 Whenever you use the secure messaging function to make contact with your JM Finn investment manager, you must comply with the terms set out in Acceptable use below.
7. IMPORTANT DOCUMENTS
7.1 We may make important documents about your accounts or any transactions (such as contract notes, tax certificates, periodic statements and invoices) available in the Portal for you to view and download (provided, if you are another professional user, you have been given access to such documents by the person on whose behalf you are acting). However, where applicable, we will always send copies of these important documents to you by one of the methods set out in the JM Finn Terms & Conditions or as agreed between you and us in writing, unless you tell us in writing that you only want to receive these documents through the Portal. We will send you an email notification whenever we make a new document linked to your account available on the Portal.
8. WE MAY MAKE CHANGES TO THESE TERMS
8.1 We will notify you of any changes to these terms or our Privacy & Cookies Policy by sending you an email notification or by posting a notice on the Portal. We can make changes to these terms for the same reasons, and in accordance with the same process, as set out in clause 21 of the JM Finn Terms & Conditions. If you do not agree to the changes, please discontinue use of the Portal.
9. WE MAY MAKE CHANGES TO THE PORTAL
9.1 We may update and change the Portal from time to time, for example to reflect changes to our products, our users' needs, our business priorities, for security reasons and to reflect changes in the law. We will try to give you reasonable notice of any major changes.
10. WE MAY SUSPEND OR WITHDRAW THE PORTAL
10.1 We do not charge you a separate fee to use the Portal.
10.2 We do not guarantee that the Portal, or any information on it, will always be available, uninterrupted or error free. We may suspend or withdraw or restrict the availability of all or any part of the Portal for business, security, legal and operational reasons. We will try to give you reasonable advance notice of any suspension or withdrawal but this may not always be possible (for example, where there is an urgent security issue).
11. THE PORTAL IS ONLY FOR USERS IN THE UK
11.1 The Portal is directed to people residing in the United Kingdom. We do not represent that information available on or through the Portal is appropriate for use or available in other locations. If you are not located in the United Kingdom, you are responsible for ensuring such access is lawful.
12. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
12.1 The email address you provide to us for the purpose of our communications with you must be personal to you and relate to an email account you control.
12.2 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any other person, or let any other person use it, including others within your family or organisation.
12.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms.
12.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details in Who we are and how to contact us above.
13. HOW YOU MAY USE MATERIAL ON THE PORTAL
13.1 We are the owner or the licensee of all intellectual property rights in the Portal and the material published on it and in its component systems. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
13.2 Images, trade marks and brands that appear on the Portal are protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners. You must not remove any acknowledgement which indicates that we or any other person is the author of any information which is provided or made available through the Portal.
13.3 You may download or print or screen grab information or individual sections, pages or extracts of the Portal for your personal use and information only (or, if you are an IFA or another professional user, for sharing with the client on whose behalf you are acting and/or using within your organisation for the purposes of advising your client), provided that any such copy has attached to it any relevant proprietary notices and/or disclaimers.
13.4 Except as permitted by these terms, you must not use any part of the information on the Portal for commercial purposes without obtaining a licence to do so from us or our licensors.
13.5 "JM Finn" and "JM Finn & Co." are UK registered trade marks of J.M. Finn & Co. Ltd. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under this clause 13.
14. ACCEPTABLE USE
14.1 When you are using the Portal, including the secure messaging service, you must not do any of the things set out in clause 14.3. If you do or if we have reason to believe you have done those things, we may refuse to make the Portal available to you temporarily or permanently or we may take other appropriate action against you (including take legal action).
14.2 Some of the things set out in clause 14.3 are unlawful. Where this is the case (or we believe it may be the case), we may disclose your identity, your activities and other information we hold about you to law enforcement agencies.
14.3 You must not, and you must not allow another person to use your account details to, use the Portal (including any information on the Portal and the secure messaging function):
14.3.1 in any way that does not comply with any applicable local, national or international law or regulation, or is fraudulent;
14.3.2 to access or interfere with another person’s account or information (except as expressly permitted by these terms), impersonate another person, or create or use a false identity or email address;
14.3.3 in any way that infringes or is likely to infringe any copyright or other intellectual property rights of any other person, or any legal duty owed to another person;
14.3.4 to harm or attempt to harm any minor or any other person in any way;
14.3.5 to bully, insult, threaten, intimidate or humiliate any person;
14.3.6 to send, use or re-use any material which is discriminatory, defamatory of any person, obscene, offensive, hateful or inflammatory;
14.3.7 to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt: any part of the Portal, any computer systems, equipment, software or networks on or through which the Portal is stored, provided or operated; or any equipment or network or software owned or used by any third party;
14.3.8 to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search the Portal or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools) except where this is expressly permitted by applicable laws;
14.3.9 to transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause the Portal to become unavailable for use by others (including via any form of denial-of service attack);
14.3.10 except as permitted by applicable law, modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of the Portal ;reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element;
14.3.11 transmit, or procure the sending of, any unsolicited or unauthorised communications including advertising or promotional material or any other form of similar solicitation (spam); or
14.3.12 upload or otherwise make available terrorist content.
14.4 You must not modify, adapt, copy, download (except where expressly envisaged by these terms) or post material from the Portal nor store any part of the Portal (or its contents) in any other website, portal or app or include it in any public or private electronic retrieval system. You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation.
14.5 If you print off, copy, download, share or repost any part of the Portal in breach of these terms, your right to use the Portal will cease immediately and you must, at our option, return or permanently and securely destroy any copies of the materials you have made.
14.6 We may monitor your use of and activity on the Portal, including for security and account management purposes. For further information please refer to our Privacy & Cookies Policy.
14.7 You promise that you will not use the Portal (including any communications through the secure messaging function) in breach of these terms. You agree to compensate us for any loss we suffer as a result of any breach of these terms by you.
15. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO OR USE DATA FROM
15.1 Where the Portal contains links to or data from other sites and resources provided by third parties, these links and data are provided for your information only. Such links or data should not be interpreted as approval by us of those linked websites or data, or information you may obtain from them.
15.2 We have no control over the contents of other sites or resources and we do not guarantee that information from them is accurate, complete or not misleading.
16. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
16.1 Whether you are a consumer or a business user (including an IFA or another professional user), we do not exclude or limit in any way our liability to you in connection with our provision of, or your use of, the Portal as envisaged under these terms 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 and for fraud or fraudulent misrepresentation.
16.2 If you are a business user (including an IFA or another professional user):
16.2.1 we do not charge you a separate fee for access to and use of the Portal. On this basis we will not be responsible for any losses and/or damage suffered by you to the extent arising in connection with your access to or use of the Portal (including any information on it) other than as a result of our negligence, fraud or breach of these terms.
16.2.2 we exclude all implied conditions, warranties, representations or other terms that may apply to the Portal or any information on it;
16.2.3 we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Portal (or any part of it), or websites linked to it;
(b) your use, or misuse, of any personal data (as defined in article 4 of the retained UK version of the General Data Protection Regulation ((EU) 2016/679) (UK GDPR)) on the Portal; or
(c) use of or reliance on any information or other materials displayed on or made available through the Portal;
(d) unauthorised access to or alteration of your transmissions or data by a person who is not party to these terms; (e) any inaccuracy or incompleteness of any information received by you or us through the Portal, including in connection with the secure messaging function; and
16.2.4 we will not be liable for any indirect or consequential loss or damage or for any:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of or damage to data; or
(e) loss of business opportunity, goodwill or reputation.
16.3 If you are a consumer user:
16.3.1 Please note that we only provide the Portal for domestic and private use. You agree not to use the Portal for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any losses and/or damage suffered by you other than as a result of our negligence, fraud or breach of these terms. We will not be responsible for any losses and/or damage that was unforeseeable to both us and you at the time you entered into these terms.
16.3.2 If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow our access instructions or to have in place the minimum system requirements advised by us.
17. DATA RETENTION
17.1 We may delete statements, messages and any other data held in the Portal after three years from the date of creation in accordance with our record retention policies. If any such data is important to you, you should print it or save it to your own equipment.
18. VIRUSES AND SECURITY
18.1 We do not guarantee that the Portal will be secure or free from errors, bugs or viruses.
18.2 Although we take all reasonable steps to protect the Portal using virus checking software, you are responsible for protecting your computer systems and other devices from exposure to viruses by the use of anti-virus software, firewalls and any other technical measures as necessary.
18.3 If you are a consumer and you download any digital content provided by us and you suffer damage to your device or other digital content you own because we have not exercised reasonable care and skill, you may be entitled to compensation or repair at our expense pursuant to your statutory rights. Our liability for such compensation will be limited to £500.
18.4 If you are a business user of the Portal, please note that any information downloaded from the Portal is at your own risk and we do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of the Portal.
19.1 If you are not satisfied with the Portal please let us know using the details in Who we are and how to contact us above or get in touch with your regular contact at JM Finn and we will try to resolve the problem. If the problem relates to our financial services or products we may be required to follow our complaints handling procedure as set out in the JM Finn Terms & Conditions. If this is the case we will let you know that this is what we are doing.
20. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?
20.1 If you are a consumer, these terms and their subject matter and formation are governed by English law. You agree to bring any claims against us in the courts of England and Wales except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. We can bring claims against you only in the courts of the country within the United Kingdom that you live in.
20.2 If you are a business, these terms and their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
21.1 If any part of these terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms.
21.2 We shall not be liable for any delay or failure to provide the Portal or perform any obligation under these terms if the delay or failure is caused by circumstances beyond our reasonable control. However, in the event of such delay or failure, we will do what we can to reduce the impact of such circumstances, and we will provide a notice in the Portal to let you know about such delay or failure.
21.3 These terms are between you and us. Nothing in these terms is intended to give any other any right to enforce these terms and neither of us will need to ask anybody else to agree to ending or changing these terms.
21.4 Failure or delay by us in enforcing these terms if you fail to comply with them does not mean that we are not allowed to enforce these terms later.
21.5 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not adversely affect your rights under these terms in a material way. You may not transfer any of your rights or obligations under these terms unless we agree to this in writing.
21.6 If you are a business user of the Portal, these terms constitute the whole agreement and understanding between you and us in relation to the use of the Portal and the information available on the Portal. Except in case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these terms or your use of the Portal and the information available on the Portal, are superseded from the effective date of this version of these terms.
21.7 You agree that notices and other communications in relation to the Portal may be given by us via the secure messaging function of the Portal or may be otherwise posted on the Portal and this will comply with any legal requirement for such communications to be in writing.