TERMS AND CONDITIONS OF USE OF DYNAMIC PLANNER

1.

ACCESS TO THE DYNAMIC PLANNER TOOL

1.1

‘We’, ‘Our’ or ‘Us’ means Central Financial Planning of 2^nd Floor, Rigby Hall, Rigby Lane, Aston Fields, Bromsgrove, B60 2EW

1.2

‘You’, means you the user of the Tool, as an existing or potential client of Central Financial Planning

1.3

By clicking the “Agree” icon below or by using the Dynamic Planner Tool ("the Tool"), you agree to the following terms and conditions. If you do not wish to be bound by these, please click “Cancel” below.

2.

OUR TERMS OF BUSINESS

2.1

You have read and accept our Terms of Business and understand that this service is being made available by us.

3.

NOT FINANCIAL ADVICE

3.1

You understand and agree that this Tool is designed to provide you with information, education, analysis and general guidance on your financial situation but it does not provide specific recommendations that you should act upon and does not provide financial advice. We do not accept any responsibility for any action you may take as a result of using the Tool. If you need financial advice please contact us.

3.2

The Tool is intended for customers in the United Kingdom only. Accessing the Tool from outside the United Kingdom may be against the law in the country concerned and is not permitted.

3.3

You acknowledge that under no circumstances shall any third party developer or host of the Tool have any liability to you for the service provided by us to you in connection with the Tool (including the provision of financial advice).

4.

SERVICE PROVISION

4.1

The Tool is provided on an ‘As Is’ basis with all faults and no guarantee of satisfactory quality, timeliness, performance or accuracy. You acknowledge that because of the nature of the Internet the services may not be accessible when needed and that information transmitted over the Internet may be subject to interception and modification by third parties. We disclaim to the fullest extent allowed by law any and all warranties express or implied, including but not limited to the quality, fitness for purpose, timeliness, accuracy or completeness of the Tool.

4.2

We reserve the right at any time and from time to time to modify, discontinue, temporarily or permanently suspend the Tool (or any part thereof) with or without notice and you agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance.

4.3

You shall:
(a) Only use the Tool for your own personal use;
(b) not obtain or attempt to obtain access to or interfere with any programs or data;
(c) not attempt to reverse-engineer, decompile, translate, disassemble or separate the components of the Tool;
(d) ensure that any data you enter will not contain anything which infringes third party rights, is libelous, indecent, obscene or defamatory;
(e) Except as is set out in this Agreement or as is otherwise permitted by law you are strictly forbidden from using the Tool in any circumstances, and without limitation, shall not sub-contract, sub-license or resell the Tool.

5.

YOUR DATA

5.1

The Tool is operated by a third party, who will process your data, before returning it to us or providing us access to it. This third party shall acquire no rights or interest in your data other than as set out elsewhere in this agreement or in the Privacy Agreement. In addition (other than as set out elsewhere in this agreement or in the Privacy Agreement) your data will only be used for the purpose of providing the services set out in this agreement, and shall not be used for any other purpose, or shared, disclosed, sold, or made available to any third party.

5.2

We are registered under the Data Protection Act and will maintain this registration for the duration of this Agreement.

6.

LIABILITY AND INDEMNITY

6.1

Except as is set out in Clause 6.4 below, we shall not be responsible to you in connection with this Agreement in contract, tort (including negligence) or otherwise for any:
(a) and all third party losses, claims, damages, costs, charges, expenses, liabilities, demands, awards, proceedings and actions ("Losses") which you may sustain or incur arising out of, the negligence, wilful default or fraud of us, our officers, employees or agents;
(b) financial loss; or
(c) indirect or consequential damages

except where such losses arise as a result of fraud on the part of us or any of our employees, agents or sub-contractors.

6.2

You agree to fully indemnify and keep us, our employees agents and affiliates, fully indemnified from and against all actions, liabilities, claims, actions, expenses (including legal fees) whatsoever arising from the information you have provided to us and your use or misuse of the Tool.

6.3

Notwithstanding any provision to the contrary within this Agreement we make no attempt to exclude or limit any liability for death or personal injury that is caused by our or any other party's negligence.

7.

ENTIRE AGREEMENT

This Agreement (together with the documents referred to herein) contains the entire agreement and understanding of the parties and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to the subject matter of this Agreement.

8.

NATURE OF RELATIONSHIP

Nothing in this Agreement shall create or be deemed to create a partnership between you and us and neither shall have authority or power to bind the other or to contract in the name of or create liability against the other in any way or for any purpose save as expressly authorised by the other from time to time.

9.

SEVERABILITY

In the event that the whole or any part of the terms, conditions or provisions contained in this Agreement shall be determined invalid, unlawful or unenforceable to any extent then such term, condition or provision or part thereof shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.

10.

WAIVER

10.1

Any waiver or a breach of any of the terms of this Agreement or any default hereunder shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of this Agreement.

10.2

No failure or delay in exercising any right, remedy, power or privilege of any party under this Agreement and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise therefore or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.

11.

NOTICES

11.1

Any notice or other communication to be given under this Agreement should be sent to: 2^nd Floor, Rigby Hall, Rigby Lane, Aston Fields, Bromsgrove, B60 2EW

12.

GOVERNING LAW

12.1

This Agreement shall be governed by and construed in accordance with the laws of England and Wales.

12.2

The parties hereto hereby submit to the exclusive jurisdiction of the High Court of Justice in relation to any claim, dispute or difference that may arise hereunder.