Rubii

Terms & Conditions for Users | Terms & Conditions for Financial Advisers

Terms & Conditions for Users

1. Definitions and interpretation

In this Agreement the following terms and conditions have the following meanings:

Adviser: a person who has registered with Rubii as a FA.

Agreement: these terms and conditions and the Privacy Policy.

Business hours: hours between 09h00 and 17h00 on a day when banks in London, UK are open for business, other than a Saturday.

Consumer: a person who browses or utilises the Website.

Consumer comments: any comments made by a Consumer in relation to an Adviser.

Content: the text, files, images, photographs, video, sounds, musical works, works of authorship or any other materials.

FA: a financial adviser (whether a firm or an individual) authorised to carry on regulated activities under the Financial Services & Markets Act 2000.

Privacy policy: Rubii's privacy policy set out at www.rubii.co.uk

Prohibited content: Content that is not in compliance with Financial Services Authority regulations or codes of conduct, or defamatory, offensive, discriminatory, infringes any intellectual property rights of any other person or is in any way illegal.

Rubii, we or us: Ruby Financial Limited, registered number 05231300 with registered address at 82A Whitchurch Road, Cardiff, CF14 3LX.

Rubii content: everything on the Website except for all of the Consumer Comments and includes, without limitation, the software, text, graphics, photographs, sounds, music, videos, interactive Content and the trade marks, service marks, confidential information and logos contained therein.

Services: any features, services, content, or applications offered from time to time by Rubii in connection with the Website.

User: either a Consumer or an Adviser.

Website: www.rubii.co.uk

2. Agreement

2.1 The terms of this Agreement apply to all Consumers. Your use of this Website and the Services (regardless of whether your access or use is intended) is subject to the terms of this Agreement. Please read this Agreement carefully before you start to use the Website. By using the Website, you indicate that you accept this Agreement and agree to abide by it. If you do not accept the terms of this Agreement, please refrain from using the Website and the Services.

2.2 Some of the Services may require you to download software or Content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

2.3 We may modify this Agreement from time to time and such modification will be effective as soon as we have posted it on the Website. You agree to be bound to any changes to this Agreement upon your use of the Services after any such modification is posted. Some of these provisions may also be superseded by provisions or notices published elsewhere on the Website. It is your responsibility to review the Agreement regularly to ensure that you are aware of the latest terms and conditions.

3. Meeting requests

3.1 You are able to conduct a general keyword search for Advisers. You can search by (i) location, name or speciality; (ii) using highest ranking advisers; or (iii) targeting specific needs. You may select more than one Adviser.

3.2 Having selected an Adviser or Advisers, you will be asked to register with us before your meeting request is made.

3.3 You may suggest an initial contact by meeting or a call at a time and date that is convenient to you. We allow Advisers ten Business Hours to respond to meeting requests. If an Adviser has not responded by that time we will send you an email advising you that there has been no response. That email may include an alternative Adviser to contact.

4. Consumer comments

4.1 We may invite you to provide Consumer Comments about any Adviser which you have asked to meet.

4.2 You must ensure that your Consumer Comments do not contain Prohibited Content and you acknowledge that you will indemnify us for any breach of this obligation.

4.3 Any Consumer Comments you submit will be considered non-confidential and non-proprietary, and we have the right and licence to use, copy, distribute and disclose it to third parties for any purpose.

4.4 We are not responsible, or liable to you, for the content or accuracy of any materials posted by you or any other User.

4.5 Rubii reserves the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this Agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies, removing the Prohibited Content or any Content that Rubii considers, in its absolute discretion, may be Prohibited Content from our Website, terminating your registration and terminating access to the Website and the Services.

5. Privacy and your personal data

5.1 We process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

5.2 Where you ask us to set up a meeting with any Adviser, we may pass on the information that you have provided to us through the site to each such Adviser.

6. Fees and refunds

6.1 Rubii reserves the right to charge a fee for use of the Services and to change such fees from time to time. You will be notified prior to any fee being incurred.

6.2 Please note that Advisers pay us a fee in order to receive the information that you have provided to us.

7. Acknowledgements

You acknowledge that:

7.1 use of the Website and the Services will be at your sole risk;

7.2 we do not endorse and have no control over Advisers or the advice they provide; and

7.3 Consumer Comments are not necessarily reviewed by Rubii prior to posting and do not necessarily reflect the opinions or policies of Rubii. Rubii makes no warranties, express or implied, as to the Consumer Comments or to their accuracy or reliability.

8. Website

8.1 Rubii Content is owned or licensed by Rubii. It is protected by copyright laws and treaties around the world. All such rights are reserved.

8.2 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. If the need arises, we may restrict or suspend access to the Website, or close it indefinitely.

8.3 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

9. Registration

In order to access some features of the Website, you will have to register by providing accurate and complete information about yourself. You are solely responsible for your profile and any activity on it, and must keep your profile password secure. As soon as you become aware of any unauthorised use of your profile or password, you must notify us at info@rubii.co.uk immediately. Rubii will not be liable for any losses caused by any unauthorised use of your profile. 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 opinion you have failed to comply with any of the provisions of this Agreement.

10. Term

10.1 This Agreement remains in full force and effect while you are using the Services.

10.2 We may terminate your registration and your access to the Website and the Services if you provide false or misleading information, post Prohibited Content or in our reasonable opinion abuse the Services.

10.3 The terms of clauses 4, 7, 10.3, 12, 13.6 and 13.8 will survive the termination of this Agreement.

11. Viruses, hacking and other offences

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial of service attack or a distributed denial of service attack. You must not attack the Website by any other means recognised as an attack vector.

12. Limitation of liability

12.1 The material displayed on the Website and Services are provided as seen without any representation or endorsement being made.

12.2 To the extent permitted by law, we hereby expressly exclude:

12.2.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

12.2.2 any liability for any direct, indirect or consequential loss or damage incurred by any User in connection with the Website or in connection with the use of the Website, interruption or cessation or inability to use the Website, or results of the use of the Website, any websites linked to it, any advice provided by any Advisers and any Content or Consumer Comments posted on the Website, including, without limitation any liability for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) corruption of data; (vii) loss of goodwill; (viii) wasted management or office time; (ix) unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (x) viruses, trojans, worms, logic bombs, attack vectors or other material which is malicious or technologically harmful which may be transmitted to or through the Website by any third party; (xi) errors or omissions in any Content; (xii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

12.3 In particular, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information published on the Website or any advice provided to you by Advisers. The information contained in the brochures and fact sheets available on the Website is intended for general information purposes only. It is not intended to constitute advice or guidance which you may rely on and is not a substitute for professional financial or tax advice based on your personal circumstances. You are advised to seek independent professional advice before acting on anything contained on the Website. The information (i) may be incorrect or out of date or (ii) may not constitute a complete or definitive statement of the law or any tax issues.

12.4 We disclaim all liability and responsibility arising from any reliance placed on any advice provided to you by any Adviser.

12.5 Information contained on the Website may have been provided by third parties. We do not independently verify all the data provided. Inclusion of an Adviser on the Website does not imply any endorsement or approval by us. To the best of our information, each Adviser is authorised to conduct regulated activities under the Financial Services & Markets Act 2000, but we recommend that you visit the Financial Services Authority website www.fsa.gov.uk/register/home.do to verify this.

13. General

13.1 We reserve the right to assign our benefits or subcontract all or any of our obligations under this Agreement.

13.2 Neither party is liable to the other for failure to perform any obligation under this Agreement to the extent that the failure is caused by any factor beyond the reasonable control of the parties.

13.2 This Agreement constitutes the entire Agreement and supersedes all other agreements or arrangements, whether written or oral, express or implied, between us. Each of the parties agrees that in entering into this Agreement it does not rely on and will have no remedy in respect of any statement, representation, warranty or understanding of any person, whether party to this Agreement or not, other than as expressly repeated in this Agreement.

13.2 Neither party will be affected by any delay or failure in exercising or any partial exercising of its rights under this Agreement unless it has signed an express written waiver or release.

13.2 No person who is not a party to this Agreement will have any right to enforce it pursuant to the Contracts (Rights of Third Parties) Act 1999.

13.2 If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair (i) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or (ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.

13.2 Rubii makes no representations that the Website is appropriate or available for use outside England and Wales. If you access the Website from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.

13.2 This Agreement is to be governed by and construed in accordance with English law. The courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.

October 2008

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Terms & Conditions for Financial Advisers

1. Definitions and interpretation

In this Agreement the following terms and conditions have the following meanings:

Agreement: these terms and conditions and the Privacy Policy.

Business hours: hours between 09h00 and 17h00 on a day when banks in London, UK are open for business, other than a Saturday.

Consumer: a person who browses or utilises the Website.

Consumer comments: any comments made by a Consumer in relation to a Member.

Content: text, files, images, photographs, video, sounds, musical works, works of authorship or any other materials.

FA: a financial adviser (whether a firm or an individual) authorised to carry on regulated activities under the Financial Services & Markets Act 2000.

General lead: a lead without any Consumer financial information.

Lead: a General lead or Specific Lead.

Member: a FA who has registered with Rubii.

Member profiles: Content describing the Member, its experience, services or terms, or those of its staff.

Member submission: the Content submitted by Members (other than Member Profiles) such as articles, blogs and news items.

Privacy policy: Rubii's privacy policy set out at www.rubii.co.uk

Rubii, we or us: Ruby Financial Limited, registered number 05231300 with registered address at 82A Whitchurch Road, Cardiff, CF14 3LX.

Rubii content: everything on the Website except for all of the Member Submissions and Consumer Comments and includes, without limitation, the software, text, graphics, photographs, sounds, music, videos, interactive Content and the trade marks, service marks, confidential information and logos contained therein.

Services: any features, services, content, or applications offered from time to time by Rubii in connection with the Website.

Specific leads: a lead which includes Consumer financial information.

User: either a Consumer or a Member.

Website: www.rubii.co.uk

2. Agreement

2.1 The terms of this Agreement apply to all Members. Your use of this Website and the Services (regardless of whether your access or use is intended) is subject to the terms of this Agreement. Please read this Agreement carefully before you start to use the Website. By using the Website, you indicate that you accept this Agreement and agree to abide by it. If you do not accept the terms of this Agreement, please refrain from using the Website and the Services.

3. The service

3.1 Subject to this Agreement we will make your Member Profile available on the site and provide Users with a search facility under which they can identify a FA suitable for their needs using the information included in your Member Profile and the Member Profile of other FAs using the Service, and request a meeting with such a FA, with or without financial information.

3.2 Once a Consumer has made a meeting request with you, we will automatically send you an email to the address identified in your registration (as subsequently amended) containing details of the Lead (other than the Consumer's identity details). You must answer meeting requests within 10 business hours, after which time the meeting request is cancelled and we will notify the Consumer.

3.3 If you accept the meeting request within 10 Business Hours, a fee is payable in accordance with clause 7.1, and we will send you the full General Lead or Specific Lead (as appropriate) with all identity details of the Consumer only after receipt of your full payment in cleared funds. Fees are payable by credit card using Netbanx.

3.4 You acknowledge that:

3.4.1 Consumers who are the subject of Leads provided to you may also submit meeting requests and be the subject of Leads provided to other Members;

3.4.2 submission of a meeting request may not lead to a meeting or to any business or revenue for you.

4. Use of leads

4.1 You must provide Consumers with a high standard of care including, without limitation, responding promptly to any requests and treating them courteously and with respect.

4.2 The information contained in the General Lead or Specific Lead (as appropriate) must be used only to contact the Consumer in question and for no other purpose whatsoever. You must not send unsolicited bulk email, instant messages or other unsolicited communications of any kind utilising information obtained through the Services without the prior explicit consent of the Consumer concerned.

4.3 You must not retain any Consumer information on your files for longer than is reasonable and in any event no longer than (i) 12 months after your receipt of the General Lead or Specific Lead (as appropriate) or (ii) 12 months after the expiry of the product that the Consumer purchased from you, whichever is the earlier. Any such information must be deleted.

5. Consumer comments

5.1 As part of the service, Consumers who have submitted meeting requests will be asked to submit Consumer Comments on Members and their experience of Members' service.

5.2 We do not endorse and have no control over Consumer Comments. The Consumer Comments are not reviewed by Rubii prior to posting and do not reflect the opinions or policies of Rubii. Rubii makes no warranties, express or implied, as to the Consumer Comments or to their accuracy or reliability;

5.3 While we will seek to remove any Prohibited Content or any Content that Rubii considers, in its absolute discretion, may be Prohibited Content as soon as we are made aware of it, Consumer Comments may be inaccurate, offensive, indecent or objectionable. We do not assume any responsibility for monitoring Consumer Comments for Prohibited Content. Please contact us at info@rubii.co.uk if you wish to discuss the removal of Consumer Comments.

6. Member submissions and Member profile

6.1 You are encouraged to submit articles, news items and/or blogs for inclusion on the site as Member Submissions.

6.2 We will not edit or review Member Submissions but reserve the right to decline or remove Member Submissions at our discretion.

6.3 Any material you upload to the Website will be considered non-confidential and we have the unlimited and non-exclusive right and licence to use, copy, distribute and disclose to third parties any such material for any purpose.

7. Fees and refunds

7.1 Rubii will charge a fee of £35 (thirty five pounds) (excluding VAT) for each General Lead (which will not contain any financial information) and a fee of £50 (fifty pounds) (excluding VAT) for each Specific Lead (which will contain financial information) where a meeting request is accepted by you in accordance with clause 3.3.

7.2 Rubii will issue a full refund:

7.2.1 if the Lead contains demonstrably false contact information that makes it impossible in anyway to make contact (phone, email, etc.) with the User; or

7.2.2 if the Lead is duplicated within a one month period.

7.3 Rubii will not issue a refund in any other circumstances whatsoever, including:

7.3.1 if a Specific Lead contains false or inaccurate financial information; or

7.3.2 if the Lead does not convert to business.

7.4 Refunds will be processed as quickly as possible and you will receive a decision from us, by email, on the outcome of every refund request. Should your refund request be successful Rubii will provide your refund to you (subject to your banking details being correct) within five working days of your receiving an email notification.

8. Term

8.1 This Agreement remains in full force and effect while you are using the Services or are a Member. You may terminate your Membership at any time by giving us written notice.

8.2 Rubii may terminate your Membership at any time, without warning in any circumstances whatsoever, including:

8.2.1 any fees due are not paid or payment is declined;

8.2.2 the Financial Services Authority removes you from its FSA Register; and/or

8.2.3 you are found not to be a FA.

8.3 Termination of your Membership will not affect your obligations to Consumers arising under this Agreement, or in relation to Leads provided prior to termination; and the terms of clauses 4.2, 5, 7, 8.3, 13, 15, 16, 17.7 and 17.9 will survive the termination of this Agreement.

9. Warranties given by the Member

You represent and warrant that:

9.1 you are a FA registered with the Financial Services Authority;

9.2 you are, and will be at all material times, authorised by the Financial Services Authority in respect of the activities conducted by you;

9.3 all the registration information submitted by you is complete and accurate and will be kept up to date;

9.4 you own, or have the necessary consents and permissions to use the Content (including any personal Data) used in your Member Profile and Member Submission in the manner contemplated by this Website and the Agreement;

9.5 any material placed by you on this Website has been prepared and approved by you; and

9.6 you are solely responsible for any material or information that you transmit to Consumers and for your dealings with Consumers.

10. Registration

In order to access the Services and some features of the Website, you will have to register and provide a Member Profile by providing accurate and complete information. You are solely responsible for your Member Profile and any content on it. You must keep your Member password secure. As soon as you become aware of any unauthorised use of your password, you must notify us at info@rubii.co.uk immediately. Rubii will not be liable for any losses caused by any unauthorised use of your password. 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 opinion you have failed to comply with any of the provisions of this Agreement.

11. Privacy Policy

We process information about you in accordance with our privacy policy. By using the Website, you consent to such processing and you warrant that all data provided by you is accurate.

12. Website

12.1 Rubii Content is owned or licensed by Rubii. It is protected by copyright laws and treaties around the world. All such rights are reserved.

12.2 Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide without notice. If the need arises, we may restrict or suspend access to the Website, or close it indefinitely.

12.3 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms, and that they comply with them.

13. Prohibited content and viruses

13.1 You warrant that whenever you make use of a feature that allows you to upload material to the Website, or to make contact with other users of the Website, your contribution will not contain Prohibited Content, and you hereby indemnify us for any breach of this warranty.

13.2 Rubii reserves the right to investigate and take appropriate action against anyone who, in our opinion, is in breach of this Agreement, and in particular, provides Prohibited Content. Such action includes, but is not limited to, reporting the Prohibited Content and your details to the appropriate law enforcement agencies, removing the Prohibited Content or any Content that Rubii considers, in its absolute discretion, may be Prohibited Content from our Website, terminating your registration and terminating access to the Website and the Services. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website is prohibited content.

13.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User.

13.4 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial of service attack or a distributed denial of service attack. You must not attack the Website by another means recognised as an attack vector.

14. Links to and from the Website

14.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

14.2 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must not contain Prohibited Content.

14.3 If you wish to make any use of material on the Website other than that set out above, please address your request to info@rubii.co.uk.

14.4 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15. Limitation of liability

15.1 To the extent permitted by law, we hereby expressly exclude:

15.1.1 all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;

15.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Website or in connection with the use of the Website, interruption or cessation or inability to use the Website, or results of the use of the Website, any websites linked to it and any Content posted on it or any information provided by Consumers, including, without limitation any liability for: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) corruption of data; (vii) loss of goodwill; (viii) wasted management or office time; (ix) unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (x) viruses, trojans, worms, logic bombs, attack vectors or other material which is malicious or technologically harmful which may be transmitted to or through the Website by any third party; (xi) errors or omissions in any Content; (xii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

15.2 Nothing in this Agreement excludes or limits our liability for death or personal injury directly caused by our negligence or for fraudulent misrepresentation.

15.3 Subject to clauses 15.1and 15.2 our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising (i) in connection with the provision of a Lead is the fee paid for that Lead, and (ii) in connection with the Website generally is the fees paid in the preceding 12 months.

16. Indemnity

You agree to indemnify and hold Rubii, its operators, owners, affiliates, subsidiaries and/or licensors harmless to the fullest extent permitted by law from and against any and all claims, damages, obligations, losses, liabilities and costs (including reasonable legal expenses) arising from:

16.1 your use and access of the Website and the Services;

16.2 your breach of this Agreement;

16.3 your breach of any third party right;

16.4 any unauthorised use of your profile; or

16.5 any claim that any of your Member Submissions caused damage to any third party.

17. General

17.1 We reserve the right to change our charging structure from time to time after giving one month's written notice of our intention to do so on the Website.

17.2 We reserve the right to assign our benefits or subcontract all or any of our obligations under this Agreement.

17.3 Neither party is liable to the other for failure to perform any obligation under this Agreement to the extent that the failure is caused by any factor beyond the reasonable control of the parties.

17.4 This Agreement constitutes the entire Agreement and supersedes all other agreements or arrangements, whether written or oral, express or implied, between us. Each of the parties agrees that in entering into this Agreement it does not rely on and will have no remedy in respect of any statement, representation, warranty or understanding of any person, whether party to this Agreement or not, other than as expressly repeated in this Agreement.

17.5 Neither party will be affected by any delay or failure in exercising or any partial exercising of its rights under this Agreement unless it has signed an express written waiver or release.

17.6 No person who is not a party to this Agreement will have any right to enforce it pursuant to the Contracts (Rights of Third Parties) Act 1999.

17.7 If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that will not affect or impair (i) the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement or (ii) the legality, validity or enforceability under the law of any other jurisdiction of that or any other provision of this Agreement.

17.8 Rubii makes no representations that the Website is appropriate or available for use outside England and Wales. If you access the Website from any other jurisdiction you do so out of your own volition and you are responsible for compliance with the applicable laws.

17.9 This Agreement is to be governed by and construed in accordance with English law. The courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim in connection with this Agreement.

October 2008

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