1. Introduction

1.1 These terms and conditions, the privacy policy and the disclaimer (the "Agreement") govern your rights and obligations as a user of and subscriber to Endowment Check Limited ("subscriber", "you" or "your") and those of Endowment Check Limited, a company registered in England under company number 04200968 ("Endowment Check", "we", "us" or "our") in relation to this site and the services offered by Endowment Check through it (the "Service"). Endowment Check Ltd. is an introducer to Robin Lloyd the Endowment People. Robin Lloyd the Endowment People is a trading style of PolicyPlus International plc which is Authorised and regulated by the Financial Services Authority. By registering for the Service, you consent to abide by the terms of this Agreement and you re-affirm that consent every time you use it. Your consent to the terms of this Agreement in this way brings into existence a legally binding contract between you and us. You should be aware that this Agreement may change from time to time in accordance with clause 11 below.

1.2 These terms and conditions do not affect your statutory rights and are subject to the laws of England and Wales.

2 Types of membership

2.1 People who register for the Service become subscribers. They must be at least 18 years of age. There are two types of subscribers: those who pay our full annual subscription fee (which we call "Annual Subscribers"), and those who pay the relevant fee for each time that the Service is used ("Pay-per-use Subscribers").

2.2 Annual Subscribers may throughout the period of their subscription access this site in order to use our online valuation service which consists of calculating the projected value on maturity (the "Projected Value") of their endowment policy.

2.3 Pay-per-use Subscribers may upon payment of the relevant fee have access to the site for the purpose of obtaining (on a one-off basis) the Projected Value of their endowment policy.

2.4 We are not an internet service provider, however. In order to avail of the Service, you must have internet access and all the software (and skills) required for email and web usage.

3 Annual Subscription/Pay-per Use Subscription

3.1 If you decide to become an Annual Subscriber, and therefore pay our annual subscription fee (currently £ per annum inclusive of any VAT), you are agreeing to take the annual subscription that we make available to you after that fee is paid. Your annual subscription will last for twelve months commencing on the date that you register. If you wish to review your annual subscription after the expiry of that twelve month period, we will enable you to do so, at our then-current terms and prices. But please note that we reserve the right to change the amount of the fee for the annual subscription, the period which it covers, the services which it enables you to obtain and other factors from time to time. However, these changes, unless they are changes under Clause 7 or Clause 11 below, will not affect your then-current annual subscription.

3.2 If you decide to become a Pay-per-use Subscriber, and therefore pay our fee (currently £ inclusive of any VAT), you are agreeing to use our one-off valuation service that we make available to you after that fee is paid.

3.3 Payments made for our Service are not refundable. This is because the results of our online endowment policy checks are made available immediately after processing your credit card details.

3.4 If a malfunction prevents you from viewing the result after your card has been debited, you can still login into our website at a later time to view your checks. If, in our opinion, the malfunction has resulted in inaccurate results being displayed, you will be warned via email as soon as possible after the fault has been discovered and if possible you will be given the correct figures. If it is not possible to supply the correct figures within 30 days you will be entitled to a full refund of your payment which you will receive within 30 days of notification.

3.5 Refunds - In the event that you decide to cancel the service after your card has been debited, refunds will be given at the discretion of the management.

4 Registration and personal details

4.1 You undertake to register for the Service using accurate and current information about yourself – including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card; in that event, you must ensure that a) you are fully entitled to use that card, and b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. This email shall also contain your chosen password that you will need to gain use of our benefits.

4.2 Any personal details you submit to our website will be held in a secure database so that you can access them again at a later date and your email address may be used by Endowment Check to keep you updated with updated rates or features. This is in order to provide the best possible service. For maximum security, no credit card information will be stored on this website.

4.3 Endowment Check’s privacy policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data in that policy. Endowment Check Ltd. is an introducer to Robin Lloyd the Endowment People. Robin Lloyd the Endowment People is a trading style of PolicyPlus International plc who is Authorised and regulated by the Financial Services Authority.Please click here to read the privacy policy. We take substantial steps to protect the privacy of an individual when providing information over the Internet. You acknowledge and understand that there is always a remote possibility that criminal actions may result in unauthorised access to any personal details held on our database. We take no responsibility if your personal information or any other confidential information is unlawfully intercepted, hacked or stolen and subsequently disclosed. You are solely and fully responsible for all acts and omissions that occur under your password and user name. You agree that you will not disclose your password to any one at any time. You agree that you will not distribute or make available your password to any third party. If you become aware of any unauthorised use of our Service, including any unauthorised use of your password and email address or any other breach of security you agree to inform us immediately in order that steps may be taken to protect confidential information. From time to time we may have to temporarily suspend access to our Service to enable us to protect this information. You agree that we may terminate supply of information to you at any time and without notice and for any reason that we will not disclose or discuss. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause

5 Information provided by Endowment Check

5.1 We will take care to exercise reasonable skill in providing accurate information to you.

5.2 We may give general comments on matters relating to endowment policies. We can give no warranty that our comments are accurate, complete and/or error free. You are advised to discuss your specific requirements with an independent financial advisor. Certain information provided via our Service is supplied by third parties and you acknowledge and agree that neither we nor such third parties have any control over the accuracy or completeness of such information.

5.3 You agree that you will not use the information provided by us in any way that might be detrimental to us.

6 Additional Services and Links to other Websites

6.1 Endowment Check or its affiliates may offer new or additional services through our website from time to time. Your use of those services may be subject to additional terms and conditions, or rules of use, which you must comply with. Provided that those terms or rules are notified to you via our website and or by email in an appropriate manner (as determined by Endowment Check in its reasonable discretion), any failure by you to comply with a material provision of the terms or rules governing those services will amount to a breach of this Agreement.

6.2 We provide links to other sites on our website, including some which may enable you to apply for credit. These are provided for your convenience. We have no control over the content of the linked web sites and assume no liability or responsibility for their accuracy, completeness or otherwise.

7 Misuse of Service

7.1 We reserve the right:

(i) to suspend or terminate your access to the Service, or parts of it; and/or

(ii) to edit, or require you to edit, material posted on the Service;

if you or the material posted appears to us to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Service without our prior written consent. You are responsible for everything which is done on or through the Service while your membership account is logged on to the Service, or through your email address(es).

8 Fees

8.1 You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Service.

8.2 We may add new or ancillary services from time to time which require the payment of fees – either to us or a nominated third party – on terms which will be provided to you at the time.

8.3 In the event that you do not pay us for any reason including the failure by your bank to pay a cheque issued to us, or the action of you charging back a credit card or debit card transaction for any reason, you agree that we may record details at a credit reference agency together with your name and address and date of birth details, so that we and other organisations who search that credit reference agency may use such information for the purposes of payment risk assessment, money laundering and fraud prevention. The sharing of information in this way helps to reduce bad debts and credit fraud.

9 Your Conduct

9.1 You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person or organisation from which such Content originated. This means that you, and not we, are entirely responsible for all Content that you download, post, email or otherwise transmit via our website. We do not control the Content posted via our website, and, as such do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via our website.

9.2 You are responsible for ensuring that no material you post, or which is posted through a machine on which you access the Service, nor any activity or communication you make in connection with any Service, will be capable of:

(i) infringing the intellectual property or other rights of any person or entity;

(ii) breaching any applicable local, national or international law, whether criminal, tortious or otherwise;

(iii) appearing to be offensive, threatening, obscene, pornographic, false, unreliable or misleading;

(iv) transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(v) interfering with or disrupting the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.

10. Alerting Endowment Check/Withdrawal of material

10.1 You acknowledge that we are entitled to withdraw any material on the Service which appears whether based on information received from subscribers or others, and or which we consider to be capable of breaching any part of this Agreement, or of bringing the Service into disrepute. However, you acknowledge that we generally do not monitor material which appears on the Service, and that we are reliant upon you to notify us of anything you see here which appears likely to breach this Agreement by emailing us at admin@endowmentcheck.com.

11 Changes to the Service and Agreement

11.1 We continually try to improve the services we offer and may change the contents of our endowment checks, this website and any other aspect of our products and services without notice.

11.2 Endowment Check reserves the right to withdraw or modify one or more aspects of the Service with or without notice where we have legal or technical reasons to do so (including technical difficulties experienced by Endowment Check or on the Internet). There may also be times when the Service becomes unavailable, whether on a scheduled or unscheduled basis. For security or other reasons, we may require changing your password and user name or other information which facilitates access to the Service. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11.3 Endowment Check reserves the right to change this Agreement from time to time (without emailing or writing to you) and post the new version on this site. We shall however notify any changes made to the Agreement on the main page of this site, and the new version of these terms and conditions will take effect, and will govern all Endowment Check Services and your relationship with Endowment Check:

(i) commencing one week after the date of posting (or such later date as Endowment Check indicates in the relevant posting), if any of the changes is to an operative provision of this Agreement which is capable of adversely affecting you; if you do not wish to be governed by the new version of the Agreement, you may notify us on or before the date when the new version of the Agreement is to take effect, and from that date you must cease to use the Endowment Check Service; or

(ii) immediately upon the date of posting (or such later date as Endowment Check indicates in the relevant posting), if the changes are not to operative provisions, or not capable of adversely affecting you - examples of which would include, without limitation, changes to one or more of Endowment Check addresses or email addresses referred to in this Agreement.

12 Indemnity

12.1 You agree to indemnify us, our employees and agents against any claim or demand, liability of damage including legal and professional fees and expenses, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Agreement or your violation of any rights of another.

13 Our Proprietary Rights

13.1 You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or other information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell or distribute or create derivative works based on the Service or the Software, in whole or in part. You agree not to access the Service by any means other than through the interface that is provided by us for use in accessing the Service.

13.2 By submitting any material or content to the Service, you:

(i) are representing that you are fully entitled to do so;

(ii) grant us a non-exclusive, royalty-free, non-terminable licence right to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and

(iii) authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.

14 Limitation of liability

14.1 You MUST READ our DISCLAIMER as it forms part of the Agreement. Please click here to read.

14.2 We will not be liable to you or any third party for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Endowment Check will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.

14.3 Without limiting the preceding clauses, during any period of twelve months the aggregate liability of Endowment Check under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed an amount equal to such sums paid by you to us during the relevant period of twelve months, regardless of the cause or form of action.

14.4 Nothing in this Agreement limits Endowment Check’s liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.

15 Assignment

15.1 We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Endowment Check assign or dispose of this Agreement.

16 Entire Agreement

16.1 This Agreement together with our current website prices and contact details constitute the entire agreement between us and you concerning the Service and they replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.

17 Severability

17.1 In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.

18 Arbitration

18.1 In the event of any dispute between us regarding the interpretation of these terms and conditions or the rights and obligations of either of us, as an alternative to any right you may have to take legal proceedings, you may choose to submit the dispute either to the arbitration of two parties (one selected by you and one selected by us) or to a mutually agreed umpire in accordance with the Arbitration Act 1996 or any subsequent amendment to that law.

19 Law

19.1 This Agreement shall be governed by and construed in accordance with the laws of England and we and you agree to submit to the exclusive jurisdiction of the English Courts.

20 Notice

20.1 You can contact us by post at Suite 1, Broxbourne Business Centre, Fairways, Cheshunt, Herts, EN8 0NJ or by email at admin@endowmentcheck.com. Please make sure you include your email address with all correspondence.

20.2 Notices to you may be made via either email or regular mail. Our website may also provide notices of changes to the Agreement or other matters by displaying notices or links to you generally on our website.

21 Waiver

21.1 Failure by us to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.