Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM

1. WHO WE ARE AND HOW TO CONTACT US 

The website https://mercermoney.com and the Mercer Money platform (together, the “Platform") are operated by Mercer Limited (“Mercer”). Wherever the name Mercer or the words “we” or “our” are used on the Platform, this means Mercer Limited.

Mercer Limited is registered in England and Wales under company number 984275 and has its registered office at 1 Tower Place West, Tower Place, London EC3R 5BU. We are authorised and regulated by the Financial Conduct Authority. Our FCA reference number is 121935. 

These Terms of Use apply to your use of, and any information you may obtain from, our Platform (“users”, “you” or “your”). 

These Terms of Use are a legal document governing your use of this Platform and any services you may obtain via this Platform (“the Services”). 

By clicking “I agree” in the check box provided you confirm that you have understood and agree to:

You will be given a reasonable opportunity to read and agree any terms and conditions of any products or services available for use or purchase through this Platform.

Certain parts of these Terms of Use are also intended to benefit and be relied upon by third party suppliers of products and services available for use or purchase by you through this Platform (“Third Party Suppliers”). Where a Third Party Supplier intends to benefit and rely upon terms within these Terms of Use, they will include express reference to the relevant terms they are seeking to benefit from and rely on in their own additional terms and conditions. For this reason, references to “we”, “us” and “our” in these Terms of Use shall also mean each Third Party Supplier to the extent specified by that Third Party Supplier in its own terms and conditions. However, nothing in these Terms of Use shall create any partnership, agency or joint venture relationship between Mercer or any Third Party Supplier, or enable Mercer or any Third Party Supplier to agree to anything on behalf of each other in any way.

If you have any questions or issues, please get in touch by contacting us at [email protected]. 

2. USE OF THE PLATFORM

This Platform and the information provided on it (including in relation to any benefits) are only targeted at users who are resident in the United Kingdom. We do not represent that content available on or through our Platform is appropriate for use or available in other locations.

Any products or services purchased or used through this Platform will be subject to additional terms and conditions which you must also read and agree to before purchasing or using those products or services. In the event of any conflict between these Terms of Use and the terms and conditions of any such products or services, the terms and conditions relating to those products or services shall prevail.

3. AVAILABILITY AND ACCESS

We do not guarantee that our Platform or any content on it will always be available or be uninterrupted. We do not guarantee that our Platform will be secure or free from bugs or viruses. Access to this Platform is permitted on a temporary basis, and we may withdraw, suspend, discontinue or change all or part of this Platform without notice. We will not be liable if for any reason our Platform is unavailable at any time or for any period.

4. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE 

You accept full responsibility for use of your username, password and any other access details and for maintaining the confidentiality of such details. You must not disclose your access details to other persons or allow other persons to use your access details. If at any time, you learn or suspect that your access details have been disclosed or otherwise known to anyone other than yourself, you should notify us immediately.

We have the right to disable any user identification code or password if you have failed to comply with these Terms of Use.

5. DO NOT RELY ON THE INFORMATION ON THIS PLATFORM 

This Platform gives you information and not advice. The information contained in this Platform is general in nature and does not constitute a contractual offer. You should not rely on that information as the basis for making any decision. The products and services referred to may not be suitable for everyone. If you are unsure of the suitability of any product for you, you should seek professional advice. Nothing on this Platform (or in any communication you receive from us or in any web chat you may enter into with us) should be regarded as offering personal financial advice and/or the provision of advice on suitability.

Whilst we use reasonable care and skill to ensure that it is accurate as at the date of publication, all information is provided without any assurances as to its accuracy, timeliness or reliability. We make no representations, warranties or guarantees, whether express or implied that the content on our Platform is accurate, reliable, timely, complete or up to date. 

You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform.

If a third party is using the Platform in the course of providing its own services to you, to perform functions or provide you with advice (for example, your Financial Adviser (FA) is providing you with financial advice), then those services and advice are being provided separately by that third party and not as part of the Platform. We have no responsibility, and are not liable for, any advice or service provided to you by your FA or other third party.

6. DO NOT MISUSE THIS PLATFORM 

You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

You must not misuse this Platform by knowingly introducing viruses, trojans, worms, time-bombs, keystroke loggers, spyware, adware, logic bombs or other material which is malicious or technologically harmful or use this Platform to post or transmit any information which infringes the rights of others or violates their privacy or publicity rights, or is unlawful, threatening, abusive, defamatory, libellous, vulgar, obscene, profane, indecent or otherwise objectionable. 

You must not attempt to gain unauthorised access to this Platform, the server on which this Platform is stored or any server, computer or database connected to this Platform. You must not attack this Platform via a denial-of-service attack or a distributed 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, we may cease your use of the Platform immediately.

You must not attempt to gain unauthorised access to information that you are not intended to have access to, including in relation to other users.

7. CONTENT AND DATA YOU PROVIDE

We allow you to upload, post, publish and make available on the Platform materials such as literary works, text, images, photos, videos, strips and any other proprietary materials that may be subject to copyright (the“User Generated Content” or“Content”). You understand and agree that you are solely responsible for your User Generated Content and the consequences of posting or publishing such material, on the Platform, in any way.

You represent and warrant that you are the rightful owner of the User Generated Content you upload, or, that you have (and will continue to have) all the necessary licenses, rights, consents, and permissions from the rightful owners of such User Generated Content, which are required to use, and to enable Mercer and our Service providers to use, the User Generated Content you upload for the purposes of providing our Services and that such User Generated Content does not infringe any third party’s copyright or other rights. You grant us a non-exclusive, royalty-free licence to use, store and maintain the Data on a server for the purposes of providing the Services and making available the Platform. You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident, which is against any internal policies or regulations of the company for which you may work, or which it would be unlawful for Mercer to use or possess in connection with the Service. We explicitly reserve the right to remove the User Generated Content without giving any prior notice, at our sole discretion, if we consider that it is unlawful for us to process, presents a security threat or is otherwise content referred to in the section below.

8. INTELLECTUAL PROPERTY

We, or our licensors, are the owner or licensee of all copyright, trade marks, design rights, database rights and other intellectual property rights in the content on or accessible through this Platform. Our images, logos and names used on this site are owned by us or our licensor. Our name may not be used in any way, including in advertising or publicity without our prior written consent.

Nothing in these Terms of Use shall be construed as transferring or assigning any ownership rights in any such content to you or any other person or entity.

You may use this Platform solely for your non-commercial use. You may download, view, print a limited number of copies of the content on or accessible through this Platform solely for your or internal business use. However, you must not copy, adapt, distribute, commercially exploit, publicly display, reverse engineer, decompile or disassemble the information contained on or accessible through this Platform without our prior written consent.

You may not exploit, extract, screen scrape, publish, distribute, or reproduce any part of the Platform and may not use bots or other electronic automatons to interact with the Platform. 

9. PERSONAL DATA

You may only upload personal data onto this Platform that you are legally permitted to upload.

By accepting these Terms of Use and using the Platform, you acknowledge that we handle all personal data on this Platform in accordance with our Privacy Policy and the other terms and conditions that we have in place with our clients.

Where you have access to the data of any other person via the Platform, you must keep that data confidential and may not disclose the data to any other person.  

10. LINKING FROM THIS PLATFORM TO THIRD PARTY SITES

The Platform and Services may contain links to other sites provided by third parties. Except to the extent otherwise agreed between you and each third party in that third party’s own additional terms and conditions, these links are provided for your information only. The policies at other sites, which may be owned and operated by third parties, may be different from these Terms of Use and the related Privacy Notice and Cookie Notice. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We do not endorse or recommend any views, advice, products or services offered on a site accessible via this Platform.

11. LINKING FROM THIS PLATFORM TO OTHER MERCER PLATFORMS

The Platform and Services may provide access to other Mercer platforms, for example Mercer’s OneView platform. Such other platforms will have their own terms of use, privacy notices and cookie notices that apply to them, which will be displayed on the relevant platform. These terms of use and the notices and policies herein do not apply to such other Mercer platforms.

12. LINKING TO THIS PLATFORM

You may not create any link to any part of this Platform without the express prior written consent of Mercer. This Platform must not be framed on any other website without our prior written permission. We reserve the right to withdraw linking permissions without notice.

13. APPLICABLE LAW

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.

We control and operate this Platform from the United Kingdom and the information delivered via the Platform is deemed to have been delivered in the United Kingdom. We do not make any representation that the material contained in this Platform is appropriate or available for use outside of the United Kingdom and we are not soliciting any business from outside of the United Kingdom.

14. WE MAY MAKE CHANGES TO THESE TERMS AND TO OUR PLATFORM 

We amend these terms from time to time.  We also update this Platform regularly, and may make changes to the information at any time. Please ensure you review these Terms of Use each time you use this Platform.

15. LIMITATION OF LIABILITY

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.

All conditions, warranties, representations, whether express or implied, which may apply to this Platform are excluded from these Terms of Use to the extent they may be excluded as a matter of law.

We do not accept liability and neither we nor any member of the Mercer group of companies will be liable for any damage, loss or expense suffered by you in any circumstances, including as a result of: 

  • your use or inability to use this Platform including your use of any information displayed on this Platform;
  • the inaccuracy of any information you provide to us or, where applicable, your employer;
  • where applicable, the inaccuracy of any information that your employer, pension provider, or any other third party provides to us;
  • your use of any links to third party sites, including any information posted on such sites;
  • any suspension, restriction or withdrawal of this Platform;
  • any virus, corrupt download or any computer issues; or
  • events beyond our control or which could not have been reasonably foreseen.

We will not be responsible for any loss of profits, sales, business or revenue or data, any business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential losses or damages you may suffer.

To the extent permitted by law, we shall not be responsible for any loss or damage occasioned by the use of the information presented here and on the Platform for any reason and howsoever arising.

16. WE ARE NOT RESPONSIBLE FOR ANY DECISION YOU MAKE (OR DO NOT MAKE) BASED ON YOUR USE OF THIS PLATFORM

We are not responsible for any decisions you may make resulting from the use of any information on the Platform.

You hereby waive any claim you may have or acquire against us and, to the extent permitted by law, agree to indemnify and hold us harmless from any claims, lawsuits, proceedings, costs, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime of this Platform arising out of or relating to your use of the information. 

17. CONTACT US

If you have any suggestions or ideas or in the unlikely event that something goes wrong, please get in touch using the details set out below. Please note that any suggestions or ideas we choose to implement shall become the property of Mercer unless agreed otherwise.

Email: [email protected]

Telephone: 0330 808 9426

Last updated: 27 January 2022