ENLIGHTEN ESG LIMITED

APPLICATION TERMS OF USE FOR END USERS

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE APPLICATION. IN PARTICULAR, WE DRAW YOUR ATTENTION TO CLAUSES 6.1, 6.4 AND 7.3.

  1. Who we are and how to contact us
    1. We are Enlighten ESG Limited, a limited company registered in England and Wales under Company Number 13598052 ("we", "us", "our"). Our registered office is at 1 Portland Place, London, England W1B 1PN.
    2. You can contact us by emailing us at [email protected] or calling us on 020 3970 3100.
  2. By using our Application you accept these Terms
    1. These terms and conditions ("Terms") apply to the individual acting in a non-commercial capacity who accepts these Terms ("you", "your"). By clicking the "I agree" button, you acknowledge that you have read and understood these Terms and acknowledge you will be legally bound by them. If you do not agree to these Terms, please do not use the Application.
    2. We may amend these Terms from time to time, and you should print a copy of these Terms for your records. Any amendments to these Terms will be effective from the next time that you use the Application, and your continued use of the Application shall indicate your acceptance of any changes made. We will make every effort to communicate these changes to you by e-mail. These Terms were last updated on 15 November 2021.
    3. If you have any questions about these Terms, or technical questions relating to use of the Application, please contact us using the contact details at Clause 1.2 above.
    4. These Terms apply to your use of the functionality within the Application. The terms relating to use of the Website (as defined at clause 3.1 below), available at https://profiler.enlightenesg.com/terms-of-service apply to your use of the Website (excluding your use of the functionality within the Application).
  3. The Application
    1. The 'EnlightenESG' Application', which can be accessed via the website at profiler.enlightenesg.com (the "Website"), is a portal developed by us which aims to inform your professional advisor from whom you receive financial advice ("Financial Advisor") of your environmental, social and governance preferences when making investments ("Application").
    2. Your Financial Advisor may send you questionnaire(s) to complete via the Application ("Questionnaire"). The Questionnaire consists of a series of questions which aim to identify your environmental, social, and governance preferences.
    3. Once you complete a Questionnaire, you will receive a report which summarises what sustainability in terms of investing means to you ("Report"). Your Financial Advisor will also receive a report similar to the Report which is tailored to your Financial Adviser.
    4. We operate the Application as we see fit, and in our sole discretion. We shall have total control over its appearance, structure, content, functionality and user interface. Subject to Clause 6.2(b)(c), we may change, modify, amend, add to or remove functionality or content from the Application from time to time at our discretion (and without notice to you).
    5. The Application is made available free of charge.
    6. Where the Application 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.
  4. Your obligations and restrictions
    1. You are permitted to use the Application solely for the purpose of completing and submitting your responses to Questionnaires ("Purpose").
    2. When using the Application, you agree not to:
      1. use the Application for any purposes other than the Purpose without obtaining our prior written consent;
      2. use, or misuse, the Application in any way which may impair the functionality of the Application, or impair the ability of any other user to use the Application;
      3. transmit, or input into the Application, any files or data that may damage any other person's computing devices or software;
      4. create links to the Application (unless we give you prior written consent);
      5. use the Application for any unlawful purpose; or
      6. resell, sublicense or export the software associated with the Application.
    3. You may print or download the Reports for your own personal, non-commercial use. You must not modify the paper or digital copies of the Reports in any way.
    4. You may discuss any queries you may have relating to information contained in the Reports with your Financial Advisor.
    5. You are responsible for configuring your information technology, computer programmes and platform to enable you to access the Application.
    6. We reserve the right to bar you from the Application on a permanent or temporary basis at our sole discretion if, in our reasonable opinion, you have breached any of these Terms.
  5. Intellectual Property rights
    1. In this Clause 5, "IPR" shall mean any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights anywhere in the world (whether or not registered).
    2. All IPR contained in and pertaining to the Application, Report and Questionnaire are owned by or licensed to us. You are not given any right to use any IPR contained in or pertaining to the Application or any Report or Questionnaire otherwise than as expressly permitted in these Terms or by law. Any transfer, sale, distribution, reproduction, copying or modification of the Application, Report and Questionnaire (in whole or in part) is strictly prohibited.
    3. You acknowledge that we own all IPR in the information contained within the Reports. We shall use such information as we may determine in our sole discretion including but not limited to improving and developing the Application and Questionnaire, and on an anonymised basis to generate reports and insight materials relating to ESG investments for internal and external use.
  6. Disclaimer
    1. The provision of, access to, and use of the Application and Reports are on an "as is" basis. The Application is for informational purposes only and is not intended to constitute personalised financial advice.
    2. To the fullest extent permitted by law, we make no warranties of any kind that:
      1. the Application or Reports will achieve any intended result or purpose;
      2. the content of the Application:
        1. will always be free from viruses (we will follow good practice to protect the Application from viruses, but provide no guarantee);
        2. will always be available or uninterrupted. We may suspend, withdraw, or restrict the availability of all or any part of the Application from time to time;
        3. will be accurate, error free, complete or up to date; or
        4. will be compatible with all or any hardware and software you may use.
    3. We shall have no liability for any errors, omissions, inaccuracies or misleading statements or representations contained within or relating to the Application or any Questionnaire or Report.
    4. You acknowledge that the information contained within the Reports:
      1. is given for general information and interest purposes only and you should not rely on it;
      2. is not and shall not be treated as financial investment advice; and
      3. in no way suggests or implies our opinion or that of any other person as to the suitability or appropriateness of any financial investment or investment strategy.
    5. You assume sole responsibility for any conclusions drawn from the Reports. You should consult an independent financial advisor for advice specific to your unique circumstances before making any investment decisions based on the Reports. You should consider if you are comfortable with the features and risks of any investment product or strategy before making any decision to invest.
  7. Our responsibility to you for any loss or damage suffered by you
    1. This Clause 7 sets out our entire liability under or in connection with these Terms, including any liability for the acts or omissions of our employees, agents and sub-contractors and in respect of:
      1. any breach of these Terms;
      2. any use by you of the Application, Questionnaire or Report; and
      3. any representation, statement or tortious act or omission (including negligence).
    2. Nothing in these Terms excludes either our or your liability for:
      1. death or personal injury caused by the other party's negligence;
      2. fraud or fraudulent misrepresentation; or
      3. any liability which cannot be legally excluded or limited.
    3. We accept no responsibility nor liability whatsoever for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by you based on any information contained within the Reports.
    4. Please note that we only provide the Application for domestic and private use. You agree not to use the Application 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.
  8. Our Privacy Notice and Cookies Policy
    1. For more information on how your personal data is used in relation to the Application, Questionnaires and Reports, please see the Privacy Notice.
    2. For more information about the type of cookies used on the Website and how you can set your cookie preferences, please see the Cookies Policy at https://www.enlightenesg.com/cookie-policy.
  9. Other important terms
    1. Each of the clauses in these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
    2. We may transfer our rights and obligations under these Terms to another organisation. We will always notify you in writing if this happens, and we will ensure that the transfer will not affect your rights.
    3. These terms are governed by the laws of England and Wales and you can bring legal proceedings in the English and Welsh courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
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