Terms and Conditions of website usage

This document sets out the Terms & Conditions of use for the website at http://www.firstactuarial.co.uk (the "Website"). By logging in and using the Website you are agreeing to comply with and be bound by the following terms and conditions of use (the "Terms"), which together with the terms of any engagement letter between you and First Actuarial ("Engagement Letter") and our Privacy Policy set out the terms and conditions on which you may use the Website and the documents, information and materials it contains.

If applicable, the terms of the Engagement Letter will take precedence over the Terms in the event of any conflict or ambiguity.

The term First Actuarial or “us” or “we” or "our" refers to First Actuarial LLP whose registered office is, Mayesbrook House, Lawnswood Business Park, Leeds, LS16 6QY. Our registration number is OC348086. The term “you” refers to the user or viewer of the Website.

If you do not agree to these Terms you should not use the Website.

1. Terms of use

You are permitted to use the Website solely for your own business or personal purposes. You may only download or print content from the Website for your personal use or the personal use of others in your organisation in the normal course of business. You shall in no circumstances use the Website to provide third parties with data or services, or otherwise disseminate, publish or provide outputs from the Website to third parties in any form (whether or not integrated or combined with data from other sources) except with the express written permission of First Actuarial.

You are not permitted to rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, reverse-engineer, decompile, disassemble or create derivative works based on the whole or any part of the Website or its associated software or to interfere with any technical measures supplied with or forming part of the Website and intended to protect its operation.

You must not use the Website for any unlawful or fraudulent purposes. You must not misuse the Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the Website or any part of it; any equipment or network on which the Website is stored; any software used in connection with the provision of the Website; or any equipment, software or website owned or used by a third party. You must not attack the Website via a denial-of-service attack.

Your password is personal to you and you agree to keep any password used on the Website confidential. You agree that we will not be responsible for any activity on the Website resulting from a third party gaining access to your password.

Except for your property the documents, images and information on the Website are our property and are copyright protected. All software used on the Website is our property or our software suppliers’ and is copyright protected.

We have the right to disable your access at any time if in our opinion you have failed to comply with these Terms.

Through the Website you may be able to link to other websites which are not under the control of First Actuarial. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

2. Client and Third Party Documents and Information

All documents and information provided by you to us for uploading to the Website are your property and we will keep these confidential in line with any applicable Engagement Letter. We may also receive documents from third parties that we may upload to the Website. These will remain the property of the third party, unless otherwise agreed between us and them or you and them.

3. Changes to the Website

If the need arises, we may suspend access to the Website, or close it indefinitely to perform maintenance or repairs or to add new features or functionality. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material except to the extent agreed to in any applicable Engagement Letter.

4. Privacy

We process information about you in accordance with our Privacy Policy. We shall operate the Website in accordance with the terms of our Information Security Policy, a copy of which shall be provided to you on your written request.

5. Disclaimer

The material displayed on the Website is provided 'as is' without any guarantees, conditions or warranties as to its accuracy completeness or availability. To the extent permitted by law, we hereby expressly exclude:

All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with Website or in connection with the use, inability to use, or results of the use of the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:

  • loss of income or revenue;
  • loss of use or business;
  • loss of profits or contracts;
  • loss of anticipated savings;
  • loss of data;
  • loss of goodwill;
  • wasted management or office time; and
  • for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

If the Website contains modelling tools or other similar functions (together the "Tools"), we do not have control over the way in which you use such Tools or how you may apply any results. We exclude our liability for any financial or other losses (whether direct or indirect) you suffer in connection with your use of the Tools. You must not rely on the results of your use of the Tools in making any financial decisions or producing accounting disclosures and should always take professional advice before taking any action.

Whilst we take every care to ensure that the Website and the content on it is free from viruses, spyware and other harmful computer programs you should ensure that you have appropriate safeguards in place. We do not accept any liability for any loss or damage to your computer, software or IT systems as a result of using the Website or accessing any content on it. We do not warrant that the Website or any content will be compatible with your software or hardware. Neither do we accept liability in respect of losses or damages arising out of changes made to the content of the Website by unauthorised third parties.

Every effort is made to keep the Website up and running smoothly. However, First Actuarial takes no responsibility for and will not be liable for the Website being unavailable due to technical issues.

6. Termination

Your use of the Website will be terminated if you breach these Terms or if any applicable Engagement Letter is terminated or expires.

We may also remove the Website permanently for any reason but will give you written notice that we intend to do this.

In the event of termination we will return to you, at your request, any documents you have provided in connection with this matter and any other papers to which you are entitled under any applicable Engagement Letter.

7. Variation

We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our site.

8. Intellectual Property Notice

We are the owner or licensee of all intellectual property rights in the Website including copyright, trademarks, and trade names and logos except in respect of any intellectual property rights in material provided by you. We reserve all our rights.

9. Governing Law

These Terms and any dispute or claim arising out of or in connection with it or its subject matter, whether of a contractual or non-contractual nature, shall be governed by and construed in accordance with the law of England and Wales and the parties submit to the exclusive jurisdiction of the English Courts.