Terms and Conditions - Financial Planner

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by Financial Planner Technology Limited, an Irish Company ("FinancialPlanner"), and located at www.financialplanner.ie ("FinancialPlanner.ie"). By using FinancialPlanner.ie you agree to be bound by the terms and conditions of this Agreement and FinancialPlanner’s Privacy and Security Policy, as they may be amended from time to time in the future (see "Modifications" below).

  • Accepting the Terms
  • Privacy and your Personal Information
  • Description of the Service
  • Account Information from Third Party Sites
  • FinancialPlanner Offers and Third-Party Links
  • Your Registration Information
  • Your Use of the Service
  • Online and Mobile Alerts
  • FinancialPlanner's Intellectual Property Rights
  • Access and Interference
  • Rules for Posting
  • Disclaimer of Representations and Warranties
  • Not a Financial Planner
  • Alert Disclaimer
  • Limitations on FinancialPlanner’s Liability
  • Your Indemnification of FinancialPlanner 
  • Ending your relationship with FinancialPlanner 
  • Refunds Policy
  • Modifications
  • Governing Law
  • Miscellaneous

1. Accepting the Terms

By using the information, tools, features and functionality located on FinancialPlanner.ie (together the "Service"), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the FinancialPlanner.ie website) or you are a "Member" (which means that you have registered with FinancialPlanner). The term "you" or "User" refers to a Visitor or a Member. If you wish to become a Member, and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.
You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with FinancialPlanner.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

2. Privacy and your Personal Information

For information about FinancialPlanner’s data protection practices, please read FinancialPlanner’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how FinancialPlanner treats your personal information when you access FinancialPlanner.ie and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

3. Description of the Service

The Service is a personal finance information management service that allows Members to consolidate and track their financial information on FinancialPlanner. Based on such information, the Service may also present information relating to third party products or services ("FinancialPlanner Offers").

The Service is meant as an aid to assist you in organising and managing your finances. It is not intended to provide legal, tax or [financial advice] to form any legal binding contract and professional advice should be sought in terms of any mortgage, insurance or legal transaction. If you arrange any insurance product as a result of using Financial Planner it will be done so on an execution only basis which provides no advice if you do not interact with a qualified financial advisors.

4. Account Information

FinancialPlanner cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalisation settings or other service interruptions. FinancialPlanner cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalisation settings. For example, when displayed through the Service, Account Information is only as fresh as the time shown.

5. FinancialPlanner Offers and Third-Party Links

Some parts of the Service are supported by [sponsored links from advertisers] and display FinancialPlanner Offers that may be custom matched to you based on information stored in the Service, queries made through the Service or other information. We will always disclose when a particular FinancialPlanner Offer is sponsored.

In connection with FinancialPlanner Offers, the Service will provide links to other web sites belonging to FinancialPlanner advertisers and other third parties. FinancialPlanner does not endorse, warrant or guarantee the products or services available through the FinancialPlanner Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and FinancialPlanner is not an agent or partner or otherwise responsible for the activities or policies of those web sites. FinancialPlanner does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on FinancialPlanner.ie are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market.

6. Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your "Registration Information."

By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorised use of your Registration Information, you agree to notify FinancialPlanner immediately at the email address info@financialplanner.ie

7. Your Use of the Service

Your right to access and use FinancialPlanner.ie and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use FinancialPlanner.ie for lawful purposes.

Accurate records enable FinancialPlanner to provide the Service to you. You must provide true, accurate, current and complete information about your accounts, as requested in our "factfind" setup forms, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of theService to you will be affected.

Your access and use of FinancialPlanner.ie may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of FinancialPlanner.ie or other actions that FinancialPlanner, in its sole discretion, may elect to take.

8. Online and Mobile Alerts

FinancialPlanner may from time to time provide automatic alerts and voluntary account-related alerts.

Automatic alerts may be sent to you following certain changes made online to your FinancialPlanner account, such as a change in your Registration Information.

Electronic alerts will be sent to the email address you have provided as your primary email address for FinancialPlanner.ie. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your FinancialPlanner.ie Login ID and some information about your accounts. If you do not want to receive any particular alert, simply inform your financial advisor, franchisee by email and they will be switched off.

9. FinancialPlanner’s Intellectual Property Rights

The contents of FinancialPlanner.ie, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both Irish and other applicable copyright, trademark and other laws. The contents of FinancialPlanner.ie belong or are licensed to FinancialPlanner.ie or its software or content suppliers. FinancialPlanner.ie grants you the right to view and use FinancialPlanner.ie subject to these terms. You may download or print a copy of information provided on FinancialPlanner.ie for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from FinancialPlanner.ie in whole or in part for any other purpose is expressly prohibited without our prior written consent.

10. Access and Interference

You agree that you will not:

  • Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor FinancialPlanner.ie or any portion of FinancialPlanner’s website, without FinancialPlanner’s express written consent, which may be withheld in FinancialPlanner’s sole discretion;
  • Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search FinancialPlanner.ie, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer);
  • Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of FinancialPlanner.ie or the Service; or
  • Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of FinancialPlanner.ie or the Service.

12. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH FINANCIALPLANNER OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. FINANCIALPLANNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF FINANCIALPLANNER OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

FINANCIALPLANNER MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON FINANCIALPLANNER OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FINANCIALPLANNER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

13. Not a Financial Planner

NEITHER FINANCIALPLANNER NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX OR [FINANCIAL ADVICE]. The Service is intended only to assist you in your financial organisation and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.

14. Alert Disclaimer

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. FinancialPlanner does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that FinancialPlanner shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

15. Limitations on FinancialPlanner’s Liability

FINANCIALPLANNER SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO FINANCIALPLANNER, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF FINANCIALPLANNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Your Indemnification of FinancialPlanner

You shall defend, indemnify and hold harmless FinancialPlanner and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to legal fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

18. Ending your relationship with FinancialPlanner

This Agreement will continue to apply until terminated by either you or FinancialPlanner as set out below. If you want to terminate your legal agreement with FinancialPlanner, you may do so by closing your account for the Service.
Please use the directions below to cancel your account:

  • Email info@financialplanner.ie or one of our franchised partners.
  • We will request a security procedure to ensure that you are the true owner of the data.
  • Once you are identified, your account will be closed and your ability to log in deactivated immediately. Your FinancialPlanner account data will beremoved within 48 hours subject to and as explained in our Privacy Policy.

FinancialPlanner may at any time, terminate its legal agreement with you:

  • if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  • if FinancialPlanner in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  • immediately upon notice, to the e-mail address provided by you as part of your Registration Information.

19. Refunds Policy

The Company operates a refunds policy in line with best industry practise.

For customers that register on the silver package they have a 28 day money back guarantee and their fee will be returned to them minus the deduction cost of collecting the fees which is usually 2% of the transaction cost. This refund will be returned to customers within 7 working days once the request is received in email or writing. For all other business, refunds will be decided upon on a case per case basis and if a refund is due to a customer, it will be returned within 7 working days once request is received in writing or email and refund agreed by management of the Company.

20. Modifications

FinancialPlanner may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the FinancialPlanner.ie site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

21. Governing Law

This Agreement, and your relationship with FinancialPlanner under this Agreement, shall be governed by Irish law without regard to its conflict or choice of laws provisions.

22. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if FinancialPlanner does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which FinancialPlanner has the benefit of under any applicable law), this will not be taken to be a formal waiver of FinancialPlanner’s rights and that those rights or remedies will still be available to FinancialPlanner.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and FinancialPlanner regarding the subject matter of the same, and supersedes all other previous agreements.

Copyright

Financial Planner Technology Limited, Room 3, Office Block, The Mill House, Celbridge, Co.Kildare
Company No 469031 Registered in Ireland, Directors, Brendan Kelly, Q.F.A, LIA, Member of Institute of Bankers, Patricia Kelly, Eileen Egan