Phoenix Wealth online services (Service)
These Additional Terms and Conditions are to be read in conjunction with the main
Terms and Conditions governing the use of the Phoenix Wealth website. In accepting these Additional Terms and Conditions, you are confirming that you have read, understood and accepted the main Terms and Conditions as well. Phoenix Wealth reserves the right to alter these Additional Terms and Conditions at any time. Your use of the online services website at other times may therefore be subject to revised terms and conditions. You will be asked to accept any such revised terms when you next access the online services website.
These terms and conditions were last updated on 20 February 2014.
If you use the Service outside the UK you do so at your own risk, as it may constitute an offence in that country. For the avoidance of doubt none of the information available through this Service constitutes an offer to contract in any country in which it is available including the UK.
No advice on investment business can be obtained through the Service. Please remember that past performance of an investment is not necessarily a guide to future performance.
The value of an investment and the income from it can fall as well as rise as a result of market and currency fluctuations and you may not get back the amount originally invested.
Definitions and interpretation
"FCA" means the Financial Conduct Authority;
"Security Details" means the log-in code, password, chip and pin number, digital certificate or such other security particulars in use by Phoenix Wealth at the relevant time to enable you to gain access to the Service;
"Service" means the online system made available by Phoenix Wealth, which provides clients with electronic access to their policy details;
"Phoenix Wealth" is the trading style used by Phoenix Life Limited. Phoenix Life Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Phoenix Life Limited is registered in England No. 1016269 and has its registered office at: 1 Wythall Green Way, Wythall, Birmingham, B47 6WG.
Security Procedure
You must keep your Security Details secret and take all reasonable precautions to prevent unauthorised or fraudulent use of them.
You must not disclose your Security Details to any other person or record your Security Details in any way that may result in them becoming known to another person.
Please note that after initial registration Phoenix Wealth will never contact you, or ask anyone to do so on its behalf, with a request to disclose your Security Details in full. If you receive any such request from anyone (even if they are using Phoenix Wealth's name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your Security Details to them in any circumstances. You should report any such requests to Phoenix Wealth immediately.
Subject to any obligations Phoenix Wealth may have under common law, Phoenix Wealth will not be liable for any unauthorised use of your Security Details resulting from negligence on your part or loss arising therefrom and you must notify Phoenix Wealth immediately if you discover that the security of your Security Details has been lost or compromised.
If Phoenix Wealth believes in its reasonable opinion that a fund switch or redirection has been invalidly requested then it reserves the right not to accept the transaction.
The records Phoenix Wealth maintains of any instructions you give Phoenix Wealth via this Service will be final evidence of your instructions and of the time they are given except in the case of manifest error.
Availability and Termination of the Service
Phoenix Wealth will make reasonable efforts to ensure the Service is accessible 24 hours a day.
Phoenix Wealth will have the right at its discretion to suspend, withdraw or restrict the use of the Service or any part of the Service temporarily or permanently and without notice.
Phoenix Wealth will not be liable if, for any reason, the Service, in part or in full, is unavailable at any time.
This includes, in particular, any suspension of the Service resulting from maintenance and upgrades to Phoenix Wealth's systems or those of any party used to provide the Service.
Phoenix Wealth may also end the Service or any part of the Service at any time by giving you reasonable notice.
You are responsible for providing and maintaining the device you are using to access and use the Service (including personal computers and modems).
Phoenix Wealth cannot guarantee that the Service will support all browser types and be fully compatible with your device.
Phoenix Wealth reserves the right to change the Service from time to time and shall give you notice of any material changes.
You may terminate your subscription to the Service by notifying Phoenix Wealth in writing or by any other means agreed between Phoenix Wealth and you.
The notification will not be effective until Phoenix Wealth receives it.
Information
The information and features available through the Service are provided for information purposes only and shall not be construed or interpreted to be providing you with financial advice or other professional advice.
You should obtain relevant and specific professional advice before making any investment decision.
Phoenix Wealth will not be responsible for determining the suitability of any fund switch or redirection of payments carried out by you.
Phoenix Wealth will use all reasonable skill and care to ensure that the information is accurate at the date of publication.
Phoenix Wealth will also use all reasonable skill and care to ensure the security of and prevent unauthorised access to the Service.
However, because of the nature of the internet, there may be circumstances in which errors or omissions in the information may occur which are beyond the reasonable control of Phoenix Wealth, for example unauthorised access by third parties.
Consequently, Phoenix Wealth offers no warranty or representations, express or implied, as to the accuracy of any information available through the Service.
Any data relating to the funds such as fund prices and the information contained in the fund fact sheets that you obtain through the Service may have been obtained from a third party data provider.
Phoenix Wealth cannot guarantee the accuracy, completeness, timeliness or correct sequencing of such data.
Phoenix Wealth is not responsible for any decision made or action taken by you in reliance upon the data or for any interruption of the data.
Phoenix Wealth will take all reasonable steps, including encryption, to ensure that any personal information you provide is kept secure.
Additional information regarding the security of personal data and the use of cookies is available below in the section titled "Data Protection".
The information held on the Service about you and your policy reflects the information held by Phoenix Wealth.
If you notice any errors or discrepancies please advise Phoenix Wealth accordingly.
You will make reasonable endeavours to try to prevent introducing computer viruses, worms, software bombs or similar items into the Service.
Phoenix Wealth will take reasonable precautions to prevent the introduction of such items to the Service.
Fund Switching and Redirections
All fund switches and redirections of payments must be carried out in accordance with the terms and conditions of your policy.
Your use of the Service to carry out a switch or redirection will constitute an agreed method of communication under the terms of the policy.
When you place a switch or redirection instruction, Phoenix Wealth will send you an email confirming that your instruction has been received.
Where an instruction has not been validly received Phoenix Wealth will, where reasonable, send you notification of this, otherwise if you do not receive notification that your instruction has been received then you should send a new instruction.
This instruction will be treated by Phoenix Wealth as a new instruction and the switch or redirection will be carried out based on the time and date of that new instruction.
Any changes to your funds will not appear on the Service until a minimum of three working days have elapsed.
It is your responsibility to ensure that the switch or redirection has taken place by checking your policy after the said lapse of time.
Phoenix Wealth does not guarantee receipt of any instruction by you.
Valuations
You may obtain an online valuation of the investments held under your policy by using the Service.
Online valuations will be calculated using the single or bid price (as defined in the relevant policy) prevailing at close of business on the previous working day.
Values for other investments (if applicable) may be shown as at the last date on which a full valuation was performed.
Phoenix Wealth shall not be required or obliged to state a value for any policy or any funds within a policy, if it is not reasonably practicable to obtain a current value which it considers to be reliable.
Data Protection
Any personal information you supply to Phoenix Wealth via the Service will be treated in accordance with the Data Protection Act 1998 (as amended from time to time) and with the Privacy and Electronic Communications Regulations 2003 and any other applicable data protection law or regulation.
Phoenix Wealth will hold and use your personal information to set up and administer your policy and for business analysis.
Phoenix Wealth may send your information in confidence for those reasons to companies within the Phoenix group or other companies acting on Phoenix Wealth’s instructions including, in both cases, those outside of the European Economic Area.
By proceeding with access to entering the Service you agree to the use of your personal data for the reasons set out above.
You also agree to Phoenix Wealth passing your information on to: (1) your professional adviser(s) as you notify to Phoenix Wealth from time to time; and (2) such other third parties as may be necessary in connection with the provision and administration of your policy including Phoenix Wealth’s professional advisers.
Phoenix Wealth sends cookies to your computer through the Service. Information regarding the use of cookies is available in the
Cookie policy Liability
Without limitation to the liability provisions in the main
Terms and Conditions, Phoenix Wealth shall not be liable for any losses, damages, liabilities or costs of any kind (whether direct, indirect or consequential and whether arising in contract, tort, negligence or otherwise) arising from:
any defects, viruses and any other malfunctions caused to any equipment or other software in connection with access or use of the Service
the content of the Service
the Service’s unavailability
misuse of the Service
loss of data stored on the device you are using to access the Service
the download or use of any software made available through the Service
unauthorised use of the Security Details.Nothing in these Additional Terms and Conditions shall limit or exclude Phoenix Wealth’s liability for death or personal injury resulting from its negligence or other breach of duty or for any other matter in respect of which liability cannot by applicable law be limited or excluded. For the avoidance of doubt, Phoenix Wealth does not exclude its duties or liabilities under the Financial Services and Markets Act 2000.
Applicable Law
These Additional Terms and Conditions shall be subject to English law and the Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with them.