PLEASE READ ARTICLES I (GENERAL TERMS AND CONDITIONS) AND II (ACCEPTABLE USE POLICY) OF THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

Article I. General Terms & Conditions

  1. These terms tell you the rules for using our website, wealthpersonality.co.uk (“our site”).
  2. Our site is operated by Behavioural Finance Ltd, a company registered in Scotland under company number SC643760 and having our registered office at Verdant, 2 Redheughs Rigg, Edinburgh, Scotland, EH12 9DQ. To contact us, or to complain about or report any content on our site, please email William Cowie (william.cowie@behaviouralfinance.co.uk). We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
  3. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms then you must not use our site. We recommend that you print a copy of these terms for future reference.
  4. We will only use your personal information as set out in our Privacy Policy , which will also apply to your use of our site.
  5. Where you are a direct customer who wishes to access and use WealthPersonality® products and services through our website, the terms of any separate services agreement (as agreed between the parties) will apply to the transaction, in addition to these terms of use. A copy of the services agreement may be requested using the contact details listed above.
  6. Where you are a client of a third party advisor and/or institution who has been referred to this website by way of said advisor’s personalised WealthPersonality® page or that institution’s online platform to access and use WealthPersonality® products and services, we are providing such products and services on behalf of the advisor and/or institution and so the terms of any services agreement (as agreed between you and the advisor and/or institution) will apply to the transaction, in addition to these terms of use.
  7. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. Separately, we may update and change our site from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.
  8. Our site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
  9. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.
  10. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
  11. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
  12. When you’re using the services of Behavioural Finance Ltd you must not breach any of the obligations set out in these site terms (including those set out in Article II – Acceptable Use Policy). If you do or if we have reason to believe you either have done or will do, we may refuse to provide services to you temporarily or permanently or we may take other action against you (including legal action).
  13. Some of the things outlined in these site terms (including those set out in Article II – Acceptable Use Policy) are illegal. Where this is the case (or we believe it may be the case) we may disclose your identity, your activities and other information we hold about you to law enforcement agencies.
  14. If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland. If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the choice to use our Wealth Personality® products and services, which will be set out in the appropriate service agreement between either (i) us and the relevant customer, or (ii) an adviser and their client.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

    • use of, or inability to use, our site; or
    • use of or reliance on any content displayed on our site.

  • In particular, we will not be liable for:

    • loss of profits, sales, business, or revenue;
    • business interruption;
    • loss of anticipated savings;
    • loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.

If you are a consumer:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Article II. Acceptable Use Policy

General

These terms set out further detail on the permitted uses and prohibited uses of our site, and should be read in conjunction with Article I (General Terms and Conditions) above.

The email address you provide to us for the purpose of our communications with you must be personal to you and relate to an email account you control.

You must not, and you must not allow another person to, use our website (including any content or materials on it) or our services:

  • in any way that doesn’t comply with any applicable local, national or international law or regulation;
  • in any way that is unlawful, deceiving or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • to access or interfere with another person’s account or information, impersonate another person, or create or use a false identity or email address;
  • for your own or another person’s business purposes;
  • to make any unsolicited or unauthorised communications, including of advertising or promotional material or any other form of similar solicitation (“spam”);
  • to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of our website, any computer systems, equipment, software or networks on or through which our website is stored or operated;
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of our website or services provided by our website;
  • to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in our website, including any software comprised in it, the content or the services provided through it; and
  • to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search our website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools) in any way that is not authorised by us or is detrimental to us or our third party service providers.

You must not, and you must not allow another person to:

  1. misuse our site by knowingly transmitting any data, sending or uploading any material that is corrupt or contains viruses, Trojan horses, worms, logic-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause our website to become unavailable for use by others (including via any form of denial-of service attack). By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.;
  2. reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these site terms; and
  3. access without authority, interfere with, damage or disrupt any part of our site, any software, the server or other equipment or network used in the provision of our site (including where owned or used by any third party).

When we consider that a breach of these terms of use (including those set out in Article I – General Terms and Conditions) has occurred, we may take such action as we deem appropriate.

Failure to comply with the terms set out in these terms of use (including those set out in Article I – General Terms and Conditions) constitutes a material breach of these terms of use upon which you are permitted to use our site, and may result in our taking any or all of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our site;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of these site terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

We may monitor your use of our services and monitor your activity for security purposes.

You must fully cooperate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material or using our website or our services in breach of these site terms.

Linking to our website

  • 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.
  • 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.
  • You must not establish a link to our website in any website that is not owned by you or that does not comply in all respects with the content standards set out in our Acceptable Use Policy.
  • Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.
  • We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in these site terms. If you wish to link to or make any use of content on our site other than that set out above, please contact William Cowie (william.cowie@behaviouralfinance.co.uk).

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Intellectual Property Rights

"Wealth Personality" is a UK registered trade mark of Behavioural Finance Ltd. “ESG Profiler” is a UK registered trade mark of Christopher Tweed, Chief Executive Officer of Behavioural Finance Ltd. You are not permitted to use either trade mark without our approval, unless they are part of material you are using these as permitted in accordance with these site terms (including this ‘Intellectual Property and Digital Use Rights’ section).

All intellectual property rights on our website and the material published on them and in their component systems are owned by, or licensed or sub-licensed to, us. All content on our website is subject to copyright with all rights reserved.

Images, trademarks and brands are protected by intellectual property laws and may not be reproduced or appropriated in any manner without permission of their respective owners.

You must not remove any acknowledgement that we or any of our contributors are the author of any website content or any content we provide to you as part of the services.

You may download or print or screen grab content or individual sections or pages of our website for your personal use and information only, provided that any such copy has attached to it the relevant proprietary notices and/or disclaimers. Any material downloaded or otherwise obtained through our website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or device or loss of data that results from the download of any such material. You may also draw the attention of others within your organisation to content posted on our site.

You must not modify, adapt, copy, download or post material from our website nor store any part of our website in any other website or app or include it in any public or private electronic retrieval system.

You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download or post to social media any part of our website in breach of these terms, your right to use our site will cease immediately and you must, at our option, return, destroy or procure the deletion of any copies of the materials you have made.

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site. This includes using (or permitting, authorising or attempting the use of):

  • any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and
  • any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).

This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

This site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the United Kingdom. By continuing to access, view or make use of this site and any related content and services, you hereby warrant and represent to us that you are located in the United Kingdom. If you are not located in the United Kingdom, you must immediately discontinue use of our site and any related content and services.

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