Account Opening & Account Management terms & conditions
IMPORTANT NOTICE: PLEASE DO NOT PROCEED TO THE NEXT PAGES ON THIS WEBSITE UNTIL YOU HAVE READ AND UNDERSTOOD THESE TERMS AND AGREED TO BE BOUND BY THEM
Please read these terms and conditions ("Terms") carefully before requesting a personal identification number ("PIN") to access the services described below. A PIN will give you access via the Internet to a database of client information ("Information") provided by Fidelity and, where applicable, enable you to place orders electronically ("Electronic Dealing Facility") (together or individually referred to as the "Service"). In using your PIN you will be deemed to have read, understood and agreed to these Terms, which will form a binding agreement between you and Fidelity.
This document contains the terms and conditions on which FIL Investment Services (UK) Limited, FIL Investments International and Financial Administration Services Limited (a Fidelity Group company) (together "Fidelity") agree to: (i) your use of your PIN; (ii) your use of Fidelity information accessed by your using your PIN; and (iii) your use of the Electronic Dealing Facility to place orders to buy, sell, redeem or switch certain shares or units ("Electronic Orders") by using your PIN. If you do not understand any of the terms, or require a hard copy, please contact Fidelity on 0800 41 41 25 for assistance.
Provision of the service by Fidelity
Once you have accessed the Service using your PIN, you will be deemed to have accepted these Terms and these Terms will form a legally binding agreement. From that moment, you will then have the right to access the Information and use the Electronic Dealing Facility in accordance with these Terms until your right to use the service is terminated.
FundsNetwork grants you the right to use the Service and your PIN, solely for use in accordance with these Terms and any other instruction or direction for use supplied to you by Fidelity from time to time via the Service or otherwise. You agree to comply with these Terms and any such other instruction or direction. Your right to use the Service is personal to you and you may not permit any other person to gain access to the Service using your PIN.
Technological changes from time to time may make the equipment which you use to access the Service (the "Equipment") obsolete or otherwise unsuitable. You are solely responsible for providing, updating, or replacing any part of the Equipment and for any telecommunication and other related costs. Fidelity makes no warranty as to the suitability or otherwise of the Equipment, which is your responsibility alone. Fidelity reserves the right to change the Service at any time even if this causes you the need to update or replace the Equipment.
Security and personal data
Subject to these Terms, your PIN will enable you to access the Service and use the Electronic Dealing Facility. Remember: using your PIN confirms that you accept these Terms and creates a legally binding agreement between you and FundsNetwork on these Terms.
At our sole discretion we may bar the use of your PIN from time to time due to security or other concerns or for general administration purposes. We will inform you as soon as reasonably possible of such action. You may then request a new PIN following the procedures advised by us.
You must take all reasonable steps to keep your PIN secret. You must not write your PIN on anything we send you about your clients' accounts or anything usually kept with them. If you do write your PIN down anywhere, you must disguise it so that nobody will know it as your PIN.
If you become aware of, or suspect any unlawful or unauthorised use of your PIN you must immediately follow the procedure set out in the paragraph below and you must give us any details you have in relation to any such use.
If you become aware of, or suspect any unlawful or unauthorised use of your PIN you may prevent access to the Service by persons using your PIN by accessing the Service three times by entering a number other than your PIN. This will bar further use of your PIN to gain access to the Service. You should bring this to our attention by telephoning us on 0800 41 41 81 as soon as possible and you may then request a new PIN following the procedures advised by us.
You will not be responsible for your PIN being used after you have cancelled your PIN by following the procedure set out in the paragraph above.
You will be treated as authorising us to act on dealing instructions sent through the Electronic Dealing Facility without further written confirmation. Online instructions can only be given in English. Such instructions will be treated as your instructions if they were given using your PIN and provided that we or our employees were not guilty of negligence, fraud or wilful default (and subject to the penultimate paragraph of the preceding section of these Terms). This authorisation remains in force until we receive notice from you of its termination (given in writing or by means of the Service). Such notice will not affect the completion of transactions already initiated by us pursuant to this authority or by you with any third party via the Electronic Dealing Facility.
We reserve the right to obtain from you written confirmation of any instruction sent through the Electronic Dealing Facility.
Electronic dealing facility
When we accept your instructions, we will send you a reference number and an electronic confirmation of your Order. Where available you will also receive electronic statements and valuations through your Electronic Dealing Facility. We will keep a record of all transactions, which is available on request. We accept no liability for failure to carry out any Electronic Order which you place using the Electronic Dealing Facility unless you can show that you have received a reference number and an accurate confirmation of such Electronic Order, nor if we are unable to obtain authorisation on your debit card for payment of the full amount due or if incorrect details are submitted with your instruction. You will notify us as soon as possible if you do not receive a reference number and confirmation immediately after placing an Electronic Order.
You will further notify Fidelity as soon as possible:
if any aspect of the confirmation does not accurately reflect your Electronic Order;
if you receive a reference number, confirmation or contract note for an Electronic Order which has not been placed with your PIN.
If you fail to notify us as soon as possible in any of these circumstances, you will be deemed to have accepted the terms of the Electronic Order as stated on the confirmation provided to you.
You accept full responsibility for monitoring the Information.
You understand and agree that telephone calls to us may be recorded and monitored. You understand that all other terms and conditions, (including Fidelity's Client Terms (incorporating FundsNetwork) and the terms of business of any third party involved in the provision to you of products or services), applications completed or otherwise accepted by you as well as any applicable instruments, deeds, prospectuses and scheme particulars control the operation of your Fidelity accounts and that the Service is provided subject to all those matters. In the event of a conflict between these Terms and those other matters, these Terms shall prevail in respect of details specifically concerning use of the Service, unless expressly provided otherwise.
Fidelity owns the copyright and any other intellectual property rights subsisting anywhere in the world relating to the Information, the databases and your PIN. You have no rights to the PIN and Information other than as set out in these Terms. If you become aware of or suspect any unlawful or unauthorised use of the Service (or if you become aware of or suspect any other infringement by any person of rights of FundsNetwork in the Information) you must bring this to our attention immediately and give us any details you have in relation to this.
Restrictions on use
You may not copy, reproduce, duplicate, modify, adopt or lend, sell or otherwise transfer, in whole or in part, any of the Information, except for the purpose of accessing the Service and producing print-outs for your own personal use. Your rights under these Terms are personal to you and you may not sub-license, assign or otherwise transfer any of those rights. You must not allow anyone else to use your PIN. Limitations of liability - we make no warranty or representation that the Service can be accessed at all times. The Service may be temporarily unavailable or restricted for administrative or other reasons and we do not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with loss of use of the Service.
You acknowledge that your uninterrupted access to the Service and use of the Electronic Dealing Facility may also be prevented by certain factors outside of our reasonable control (a "Service Disruption Event") including, without limitation, the in-operation, inefficiency or unsuitability of the Equipment and the unavailability, in-operation or interruption of Internet or other telecommunication services. Non-performance by us of our obligations under these Terms will not be a breach of these Terms where such non-performance results directly or indirectly from a Service Disruption Event. We do not accept any responsibility and will not be liable for any loss or damage arising out of or in connection with any such Service Disruption Event.
We do not accept any responsibility and will not be liable for the inaccuracy or incompleteness of any information received by you or by us through the Service which arises out of or in connection with data transmission, machine or software error or malfunction or from your operating error or which originates from information obtained from third parties (other than such inaccuracy or incompleteness arising as a result of our negligence, fraud or wilful default). We do not accept any responsibility and will not be liable for the performance of any third party involved in the provision to you of products or services, regardless of whether you have made contact with such third party via the Service. You agree that we have a lien over such of your cash and investments (including units or shares in any collective investment scheme) as are held by us or under our control to the extent of any costs, claims or other liabilities suffered or incurred by us and arising as a result of your failure to comply with the terms and conditions agreed between you and us and/or between you and any such third party, and that we may accordingly realise without notice sufficient of your cash and investments to meet any such costs, claims or other liabilities.
Termination and notice provisions
Fidelity reserves the right to terminate your agreement with us on these Terms (by giving you notice in writing or by means of the Service) on the redemption of your entire holdings.
You may terminate your right to use the Service by giving notice in writing or by means of the Service to us which will be effective on receipt by us, but this will not affect transactions already initiated.
We may terminate your right to use the Service by giving notice in writing or by means of the Service which will be effective immediately upon being sent but this will not affect transactions already initiated.
These Terms may be amended by us and you will be notified of such amendments in writing or by means of the Service.
We reserve the right to change any third party who provides products or services to you via the Service (including, without limitation, to change any broker through whom Fidelity ShareNetwork or any other online share dealing service is provided as part of the Service). You authorise us to notify such other parties as it may deem necessary or desirable if any such third party provider is changed. In particular, without limiting the foregoing, if you have become a CREST Personal Member as a result of participating in Fidelity ShareNetwork or any such other online share dealing service, you authorise us to act as your agent and to sign documents on your behalf for the purpose of (i) terminating the appointment of your Personal Membership Sponsor and appointing a replacement; and (ii) giving notice to CRESTCo Limited of any such termination and replacement. In addition, for the benefit of CRESTCo Limited you agree that it may act without further enquiry on any such notice given to it by us and that you will not attempt to revoke the authority given to us to give notices on your behalf without giving prior written notice to CRESTCo Limited.
A failure or delay by either party to enforce any right under these Terms is not an implied waiver of the same or of any other right in the future.
All of the terms and conditions relating to the Service are contained in these Terms and any other instruction or direction for use supplied by us to you via the Service or otherwise. Oral communications that you have with us shall not become part of the terms relating to the use of the PIN, the Information or the Service unless we confirm them to you in writing or by means of the Service.
If any provision in these Terms is held or made invalid by a court, statute, rule or otherwise, the remainder of these Terms will not be affected.
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
The Courts of England will have exclusive jurisdiction to settle any claim or matter arising under or in relation to these Terms. - CB33265