Terms of use for the AJ Bell Android devices mobile app

AJ Bell Business Solutions Limited and its affiliates, AJ Bell Management Limited and AJ Bell Securities Limited (“AJ Bell” or “we”) licence the AJ Bell mobile app (“the App”) to you in accordance with these terms and conditions (“App Terms”). These App Terms together with the terms and conditions applicable to the SIPP, ISA, Lifetime ISA, Junior ISA or Dealing Account you have with us (each a “Product”) (“Product Terms and Conditions”) and the privacy policy (collectively “the App Agreement”). You can view Product Terms and Conditions and the privacy policy at youinvest.co.uk.  

You should read these App Terms carefully. The App Agreement contains all the terms and conditions relating the licence of the App and the provision of software updates, product support and other services to you related to the App (“App Services”). By downloading and using the App, the App Agreement will automatically apply to you, so you should make sure that you read the App Agreement carefully before you download and use the App.

We reserve all rights in and to the App not expressly granted to you under the App Agreement. 

IMPORTANT NOTICE

AJ Bell does not provide financial or investment advice and no content or information on the App or accessible via the App (whether provided by us or a third party) is intended to, nor does it constitute, financial or investment advice. You should contact a financial adviser if you need financial or investment advice. In addition, investor relations materials and other content are not offers to sell or solicitation of an offer to buy, underwrite or convert any security.

Scope of licence

We grant you a limited non-exclusive, non-transferable licence to use the App on any authorised Android™ device that you own or control and as permitted by (i) the rules governing the use of your device and Google play™ (the "Usage Rules") and (ii) the App Agreement. You must not:

• use the App on any Android™ device that you do not own or control;
• distribute or make the App available over a network where it could be used by multiple devices at the same time;
• rent, lease, lend, sell, redistribute or sublicense the App; or
• copy (except as expressly permitted by this licence, the Usage Rules and the App Agreement), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the App).

If you breach the terms of this licence, you may be subject to legal action and damages. The terms of the licence will govern any upgrades provided by us unless such upgrade is accompanied by a separate licence.

Use and security of your data

You agree that we may collect and use technical data and related information, including (without limitation) technical information about your device, system and application software and peripherals, which is gathered periodically to facilitate the provision of the App Services. We may use and store this information, which may personally identify you, including your IP address, in order to provide services or technologies to you and to improve our products. 

Access to and use of the App Services provided by us via mobile networks may also involve the electronic transmission of personal financial information across the networks of mobile operators. Because we do not operate or control these networks, we cannot guarantee the privacy or security of data sent over them. Additionally, the wireless device browser is generally pre-configured by your mobile service provider. Check with your service provider for information about their privacy and security practices. 

Termination

The licence granted under these App Terms is effective until terminated by you or us or upon the withdrawal of the current App. Your rights granted under these App Terms will terminate automatically without notice if you fail to comply with any term(s) of the App Agreement. Upon termination of the licence, you must stop using the App and destroy all copies (full or partial) of it.

Web services and third-party materials

The App enables access to our and third party services and websites (“the Web Services”). Use of the Web Services requires Internet access and use of certain Web Services may require you to accept additional terms. 

You understand that by using any of the Web Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Web Services at your sole risk and that neither we nor our agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.

Certain Web Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Web Services, you acknowledge and agree that neither we nor our agents shall be responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. Neither we nor our agents warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

Financial information displayed by any Web Services is for general informational purposes only and should not be relied upon as investment or financial advice. Before executing any securities transaction based upon information obtained through the Web Services, you should consult with a financial or securities professional who is legally qualified to give financial or securities advice. Location data provided by any Web Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither we, nor our agents, nor any of our content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information, location data or any other data displayed by any Web Services.

You agree that the Web Services contain proprietary content, information and material that is owned by us and/or our agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Web Services or in any manner that is inconsistent with the terms of this App Agreement or that infringes any intellectual property rights of a third party. No portion of the Web Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Web Services, in any manner, and you shall not exploit the Web Services in any unauthorised way whatsoever, including but not limited to, using the Web Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the Web Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither we nor our agents are in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the Web Services.

In addition, Web Services and Third Party Materials that may be accessed from, displayed on or linked to from your device are not available in all languages or in all countries or regions. We make no representation that such Web Services and Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such Web Services and Third Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We reserve the right to change, suspend, remove, or disable access to any Web Services at any time without notice. In no event will we be liable for the removal of or disabling of access to any such Web Services. We may also impose limits on the use of or access to certain Web Services, in any case and without notice or liability.

Changes to the App and to these App terms

We reserve the right at any time without notice to change, suspend or withdraw the App or the App Services and/or the Web Services or to require you to download a new version and enter into new terms in relation to its use. We accept no liability for any loss or damage you suffer as a result of such change, withdrawal or suspension. 

We may change these App Terms at any time for reasons not to your material disadvantage (such as improving or making them clearer or where there is a change in the law) and those changes will take effect immediately. We will give you 30 days’ notice of all other changes and such changes will take effect from the earlier of the end of the notice period or on your first use of the App. 

Warranty  

We provide the App and any App Services performed or provided by the App with reasonable skill and care but otherwise:

• the App and any App Services performed or provided by the App are (except as is provided in relation to the services provided under the Product Terms and Conditions) provided "as is" and "as available", with all faults
• we exclude, to the maximum extent permitted by law, all warranties, conditions and other contract terms (express or implied) with respect to the App and any App Services; and
• we do not warrant (a) against interference with your enjoyment of the App, (b) that the functions contained in, or App Services performed or Web Services provided by or via, the App will meet your requirements, (c) that the operation of the App or App Services or Web services will be uninterrupted or error-free, or (d) that defects in the App or Web Services  will be corrected.

Liability and indemnity

Neither we nor any third party providing services to us shall be liable under the App Agreement (including without limitation) in contract, tort, negligence, statutory duty or otherwise to the maximum extent permissible by law for any Loss arising from (including but not limited to):

• use of any content available on our or third party websites
• any defects, viruses and any other malfunctions caused to your device in connection with use of the App
• mis-use of the App
• the download or use of any software made available via the App or
• unauthorised use of a password

“Loss” means all losses (including without limitation) loss of business, loss of revenue, loss of goodwill, loss of profits, loss of data, loss of opportunity, loss of anticipated savings, wasted expense, liabilities, costs, payments, claims, actions, damages and expenses (whether direct or indirect) and in all cases regardless of whether or not such loss was foreseeable or arises from circumstances particular to you which you had advised us of.

Nothing in these App Terms is intended to operate to exclude or limit or restrict any obligation and liability we may have to you under the Financial Services and Markets Act 2000 or for (i) fraud, or (ii) death or personal injury caused by our negligence.

Access and use of the App, the App Services and Web Services occurs across the networks of a number of mobile operators, which we do not operate. We will not be responsible for any failure, interruption or delay in the performance of our duties under these App Terms because of a breakdown, failure or malfunction of any telecommunications or computer systems (internally or externally), equipment or software including (without limitation) unavailability of mobile service, communications, network delays, limitations on mobile coverage, system outages, or dropped or interrupted connections or any other event not reasonably within our control including (without limitation) the breakdown or failure of any system used by us or of any clearing system used in connection with the Web Services, the insolvency or default of any participant in such a clearing system or the failure by any settlement bank to make, receive or debit any payment. This also includes failures, interruptions or delays due to industrial disputes, postal delays, unauthorised access, theft, earthquakes and interference (whether or not caused by severe or abnormal weather conditions). We disclaim any responsibility for any mobile service used to access the Web Services.

You shall indemnify and hold us and any third party providing services to us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your mis-use of the App, any breach of the App Agreement by you or other users of any Web Services using your access ID or credentials if you have disclosed these to any unauthorised person, or otherwise failed to keep these secure. You must use your best efforts to co-operate with us in the defence of any such claim. We reserve the right, at our own expense, to employ separate legal representatives and assume the exclusive defence and control of any such matter subject to indemnification by you.

General

These App Terms shall be deemed to have been made in England and shall be governed by and construed in all respects in accordance with the laws of England. 

Except for the rights expressly or implicitly afforded to our employees, agents or any third party, no person shall have rights under these App Terms pursuant to the Contracts (Rights of Third Parties) Act 1999. 

If any of the terms included in these App Terms is held to be unenforceable or invalid in whole or in part, the validity of the other provisions of these App Terms and the remainder of the term in question shall not be affected by such invalidity.

Regulatory

AJ Bell includes AJ Bell plc and its subsidiaries.

The companies listed in the following table are all registered in England and Wales at 4 Exchange Quay, Salford Quays, Manchester M5 3EE.

AJ Bell Management Limited (number 211468) and AJ Bell Asset Management Limited (number 774048) are authorised and regulated by the Financial Conduct Authority. AJ Bell Securities Limited is a member of the London Stock Exchange and is authorised and regulated by the Financial Conduct Authority (number 155593).