Check My Endowment

The parties to this contract are CheckMy.com Limited (the “Company”) and you, the user.

ATTENTION: These contract terms apply to the entire contents of this website (Check My Endowment) in the form of www.checkmyendowment.com and www.oacplc.com/calculator/checkmyendowment (the “Website”) and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website. Using or accessing any part of this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms in full, do not use this Website. Please leave immediately.

1.1 You may access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

2.1 You are permitted to print and download extracts from this Website for your own use on the following basis:

c) the owner’s copyright and trade mark notices and this permission notice appear on all copies to the extent that they appear in original extracts concerned.

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are licensed to the Company by D S Adams. CheckMy is a registered trademark of D S Adams and is used by the Company under licence.

2.2 For the purposes of this contract, any use of extracts from this Website other than in accordance with paragraph 2.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

2.3 Subject to paragraph 2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.

3.1 While the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason this Website is unavailable at any time or for any period.

3.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

3.3 You agree to review and comply with the other pages of this Website stipulating the correct computer software required and details of use of this Website.

4.1 Other than personally identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material.

4.2 You agree to review our Privacy Policy set out on the other pages of this Website and you agree to the terms of our Privacy Policy.

5.1 You are prohibited from posting or transmitting to or from this Website any material:

a) that is threatening, defamatory, obscene, indecent, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience or the transmission of which by you or any other person is unlawful as a matter of either civil or criminal law.

5.3 The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 5.1 or paragraph 5.2 or for any other legal reason.

6.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

6.2 You may not create links to this website unless you have permission from the Company.

6.3 The Company expressly reserves the right to revoke any links granted for breach of these terms and to take any action it deems appropriate.

6.4 You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of any of the provisions of this agreement.

7.1 Each registration is for a single user only. The Company does not permit you to share your user name and password with any other person nor with multiple users on a network.

8.1 The services which we supply on this Website are limited to those set out under 'How can Check My Endowment help you?'. We do not provide any other services and, for the avoidance of doubt, we do not provide any advice. You should consult your own independent financial advisor if you require advice.

8.2 In order to use our services correctly you are required to follow the instructions on the remaining pages of this Website. The results rely on the information which you input into the calculator and if you have input inaccurate or incorrect information then the answers given may be incorrect and you may draw the wrong conclusions.

9.1 You shall pay the current (at the time of use) price for use of the services which you require, as set out on the other pages of this Website from time to time. Payment for a single calculation is required by debit card or credit card at the time of use. Where multiple calculations or other assistance is required the fee, and the method of payment, will be subject to agreement between us and you.

Any amounts not paid when due will bear interest at the rate of 4% per annum above the base rate from time to time of Barclays Bank plc from the due date for payment until the outstanding amount is paid in full.

10.1 While the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and the Company makes no commitment to update such material.

10.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Company provides you with access to this Website on the basis that the Company excludes all representations, warranties, conditions and other terms that might otherwise apply in relation to this Website.

11.1 Any liability to you for any loss or damage is limited to damages of an amount equal to the subscription fee paid by you to us (“Subscription Fee”) to the extent permitted by law.

11.2 Under this paragraph, our liability includes that of any individuals and companies connected with this Company and their respective agents, employees and sub-contractors. Your liability includes any other party claiming through you, and loss or damage includes any losses, damages, costs or expenses whatsoever or howsoever arising out of or in connection with the Website or service.

11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

12.1 The Company will consider a full refund of the Subscription Fee if you can demonstrate that the service is inappropriate after you have registered and before you have used or obtained our services.

12.2 Full refunds may be made if any accounting errors arise during and / or after the payment of services.

13.1 Subject to paragraph 2.2, this service will terminate if you or we are in material breach of any of its terms and if the breach is not remedied within the period of twenty working days after written notice of it has been given to the party in breach. If we are in material breach as a result of circumstances within our control, you will be entitled to a pro-rata return of your subscription.

13.2 You are not required to delete any part of the Service which you have used. For the avoidance of doubt: you are not required to delete or destroy print-outs or copies from print-outs.

14.2 Except as indicated in paragraph 11.2, this agreement is not intended to benefit anyone other than the parties to it and, in particular, no term of this agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by a third party.

14.3 Each party undertakes that it will not divulge or communicate to any person, except as may be required by law or any legal or regulatory authority, any confidential information concerning the business or affairs of the other party which may have come to its knowledge and each of the parties shall use its reasonable endeavours to prevent the publication or disclosure of any confidential information concerning such matters.

This legal notice shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

16. 1 If any provision of this agreement (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

16.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

CheckMy.com Limited
Registered in England No 5370832
Registered Office: Rockleigh, Devonshire Terrace, Coniston, Lancashire, LA21 8HG