Terms and Conditions

Background

EvolveMyRetirement® is an online financial planning tool that is accessible via the website evolvemyretirement.com (the "Website"). It allows you to enter your income, expenses, assets and liabilities, to modify certain underlying financial assumptions, and to specify various attitudes that can affect lifetime choices. Based on your inputs and using its built-in rules, the Website can generate an optimised set of financial choices. By registering at the Website, you can create a personal account ("Account").

Company

EvolveMyRetirement® is a registered trademark of Okinawa Zest Limited, a company registered in England and Wales, company number 9182665, whose registered office is at Argyle House, Northside Suite 1B1, Joel Street, Northwood, HA6 1NW (the "Company").

Acceptance of Terms

By using the Website, you accept in full all the terms and conditions (the "Terms") of this Agreement. The Company reserves the right to vary the Terms at any time at its sole discretion, by publishing amended Terms on the Website. Should the Company vary the Terms, all users having an Account will be notified by email sent to their registered email addresses. Your subsequent use of the Website will indicate your acceptance of the amended Terms, whether or not you have an Account, and whether or not you have received an email.

Privacy

Any personal information you enter into the Website will be treated as strictly private and confidential in accordance with ourPrivacy Policy.

Your use of the Website

You warrant that you are legally entitled to enter into this legally binding agreement, and that you are at least 18 years old. You agree not to create an Account using an email address belonging to someone other than yourself, and that any Account that you create is solely for your personal use. You agree to take full responsibility for the security of your login details, which consist of your email address and password. You agree to immediately notify the Company, using the contact facility on the Website, should you become aware of any unauthorised use of your Account. You agree not to use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

Your Information

You make no warranty as to the accuracy of any information that you enter into the Website ("your Information"). You agree that the Website may make such changes to your Information as may be necessary from time to time so as to be consistent with technical or functional updates made to the Website. The Company shall accept no liability for any consequences of such changes.

Intellectual Property

The names "EvolveMyRetirement", "Okinawa Zest" and "OkinawaZest", and all logos or icons on the Website, are trademarks of the Company. Copyright and intellectual property to all publicly viewable contents of the Website rest with the Company, and may not be used without the prior written approval of the Company. Copyright and intellectual property of your Information remains with you. You grant the Company a non-exclusive right to use and copy your Information to the extent required for the technical and functional operation of the Website.

Payment for Features

From time to time, you may make online payments to the Company so as to be able to use particular features of the Website ("Payments"). Payments do not constitute payment for advice. Payments are inclusive of VAT. The Company's VAT number is 196 3623 78. The Company will grant you immediate access to features for which you have made Payments. No refunds are possible. The Company reserves the right to alter its prices at any time.

Termination of your Account

Should you be in breach of this Agreement, the Company may delete your Account without prior notice or liability. Should you wish to delete your own Account you can do this from the Settings page when logged in. Once your account has been deleted, any plans that you have created will be permanently deleted and you will no longer be able to log into the system. The Company reserves the right to retain any information required to comply with laws, allow auditing, resolve issues and disputes, and enforce this Agreement. You agree that once your Account has been deleted in accordance with this clause, the Company shall have no liability to you with respect to such deletion including any unused features for which you may have paid. This Agreement shall continue to be in force for as long as you continue to use the Website, whether or not you have an Account.

No Warranties

The Company provides the Website without any representations or warranties, express or implied. Without prejudice to the generality of the foregoing, the Company does not warrant that the Website will be available at any time, or that the information on the Website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any financial matter you should consult a professional financial advisor.

Liability

You agree that your use of the Website is entirely at your own risk. The Company shall not be liable for any consequences of your use of the Website, nor for the consequences of any decisions that you make as a result of using the Website. The Company is not authorised by the UK Financial Conduct Authority, nor by any other financial regulatory body, and it does not purport to give you advice of any kind. The Company shall not be liable to you if for any reason the Website or your Account are unavailable at any time or for any period. In particular, access to the Website and your Account may be suspended temporarily without notice in the case of network or system failure, maintenance or repair or for reasons beyond the Company's control. The Company reserves the right to modify the features, availability, operation and/or look and feel of the Website at any time.

Indemnity

You agree to indemnify and hold the Company and each of its directors, agents and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your use of the Website, your conduct in connection with the Website or with other users of the Website, or any breach by you of this Agreement.

Links

You may link to the Website's homepage, provided you do so in a way that is lawful and does not damage the reputation of either the Company or the Website. You agree not to create any link that suggests any form of association, approval or endorsement on the part of the Company where none exists. Where the Website contains links to other websites, these links are provided for your information only. The Company has no control over the content of such other websites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

General

The Company may transfer, sub-contract or otherwise deal with the Company's rights and/or obligations under this Agreement without notifying you or obtaining your consent. This Agreement constitutes the entire agreement between you and the Company regarding your use of the Website, superseding any prior agreements between you and the Company relating to the Website. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Governing Law and Jurisdiction

This Agreement is governed by English law. The Website is controlled and operated in the United Kingdom. You agree to submit to the exclusive jurisdiction of the courts of England and Wales in relation to all matters connected with or arising out of the Website. If you access the Website from outside the United Kingdom you are responsible for compliance with any local laws, to the extent that any local laws are applicable.

Date Published: 15th February 2022

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