1. Definitions

This website is brought to you by Pearl Group Management Services Limited ("PGMS") (No. 3588063), a company registered in England, registered office 1 Wythall Green Way, Wythall, Birmingham B47 6WG. PGMS is a member of the Phoenix Group of companies, including Phoenix Life Limited, Phoenix Life Assurance Limited, Phoenix Customer Care Limited and Pearl Customer Care Limited and PGMS brings this website to you on their behalf. If you have any comments or questions about the website please contact us at the address noted in paragraph 18 below.

The term "Phoenix" when used in these Terms of Use refers to Phoenix Life Limited (No. 1016269)* and/or Phoenix Life Assurance Limited (No. 00001419)*.

Phoenix Life Limited and Phoenix Life Assurance Limited are authorised by the Financial Conduct Authority and regulated by the Financial Conduct Authority and the Prudential Regulatory Authority.

Phoenix Life Limited and Phoenix Life Assurance Limited are registered and located in England.

* Both have their Registered Office at: 1 Wythall Green Way, Wythall, Birmingham, B47 6WG

Phoenix Customer Care Limited (No; 03315193) (trading as Phoenix Customer Care) and Pearl Customer Care Limited (No. 03947540) (trading as Phoenix Customer Care) both have their Registered Office at: 1 Wythall Green Way, Wythall, Birmingham, B47 6WG.

Phoenix Customer Care Limited and Pearl Customer Care Limited act as introducers or introducer appointed representatives to other suppliers outside of the Phoenix Group of companies. Any pages brought to you by Phoenix Customer Care Limited and Pearl Customer Care Limited will be identified by the header and/or footer of that page.

In these Terms of Use references to, "we", "us" and "our" are references to PGMS. The terms "you", "your" and "yours", when used in these Terms of Use, mean any user of this website, including any user who is an IFA or a client of an IFA.

In these Terms of Use, "Group" is defined as in section 421 Financial Services and Markets Act 2000.

2. Agreement

We provide and maintain this website free of charge as a service to Phoenix’s Independent Financial Advisers ("IFAs"), distributors, partner organisations and other business partners on the one hand, and current and potential policyholders on the other. Access to and use of the website and the information, materials, products and services available through this website are subject to all applicable laws and regulations and to these Terms of Use.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the website, and you should always review these Terms of Use prior to using the website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use upon request.

Access to this website (or portions thereof) and the use of information, materials, products or services provided through this website (or portions thereof), is not intended, and is prohibited, where such access or use violates applicable laws or regulations.

3. Minors

This website is a commercial site. As such, it is not intended for children or minors.

4. Product Information

All references on this website to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.

This website is for information purposes only. It does not provide you with any personalised financial, legal, accounting or tax advice. Nothing in this website constitutes an offer to buy or sell products or services either in the UK or other jurisdictions. What is actually covered under an individual policy or product will be contained in the relevant policy terms and conditions.

For further information about Phoenix products or services, please contact us by one of the methods set out in paragraph 18 below.

5. Past performance, Volatility of Investments and Tax

Past performance of any product is not necessarily a guide to future performance. The value of unit linked funds is not usually guaranteed and these funds may increase or reduce in value in future. Exchange rate fluctuations will add to the volatility of any funds denominated in other currencies. Investors and policyholders may be subject to tax on any proceeds or gains arising.

We strongly recommend that you seek independent financial advice when making decisions about your policies and investments.

6. Ownership of materials and licence terms

Unless otherwise indicated, this website and its design, text, content, selection and arrangement of elements, organisation, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights and are the property of Phoenix Life Limited or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws throughout the world.

The posting of any such elements by us on this website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this website. Except as otherwise provided in these Terms of Use, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary for you to lawfully access and use this website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this website for individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

7. Trademarks

The Phoenix Life logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this website, unless otherwise noted, are service marks, trademarks and/or trade dress of Phoenix Life Limited (or another member of the Phoenix Group (the "Marks")). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

8. Hyperlink Disclaimer

This website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons. An advertisement of, or link to, a non-Phoenix website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.

Any arrangement made by you with a third party as a result of you accessing another website via a link from this website shall be an arrangement between you and the relevant third party and is at your sole risk and responsibility.

We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.

Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this website, the content thereof, or the products and/or services made available through such websites. If you decide to leave our website and access these other websites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.

9. Links from other websites

Establishing a link to this website is strictly prohibited without express written consent from us. Persons providing access to this website via links from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning PGMS, Phoenix, Phoenix Customer Care or the Phoenix Group.

Creation of a link to this website is without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. Anyone providing access to, or information relating to this website, whether by link or otherwise, is responsible for bringing these Terms of Use to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.

10. Data Protection Consent

By agreeing to these Terms of Use, you agree to the terms of our data Privacy policy.

Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary unless you advise us in writing, in advance, of its specific confidentiality or proprietary nature. Upon the transmission of any personal information to us, including but not limited to, name(s), address(s), telephone number(s), e-mail address(s), identification number(s), etc., you expressly grant permission to us to process such personal data for the purposes set out in our Privacy policy. By transmitting or posting any communication or material to this website you agree that we may use your communication as material for any purpose, including reproduction, transmission, publication, broadcast, posting, developing, manufacturing and marketing products.

We will not have the responsibility to respond to messages posted at this website. Furthermore, posting or transmittal of any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

Notwithstanding the aforementioned, all confidential data (which is specifically marked as such) and all personal data provided to us as a result of this website will be handled in accordance with our strict standards of confidentiality and our Privacy policy.

11. Monitoring

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs. All information and data will be processed in accordance with our Privacy policy.

12. No Warranties

We make no representations or warranties with respect to this website or its contents, which are provided for use "as is" to the fullest extent allowed by the applicable law. We disclaim all warranties and conditions, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability, quality and fitness for a particular purpose and/or freedom from viruses, with respect to this website and any website with which it is linked.

We also make no representations or warranties as to whether the information accessible via this website, or any website with which it is linked, is accurate, complete, or current. You accept that our Group, shareholders, owners, officers, directors, employees and other representatives shall have the benefit of this clause.

It is your responsibility to evaluate (or take professional advice on) the accuracy and completeness of all information, opinions and other material on this website or any website with which it is linked. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

13. Exclusion of Liability

To the fullest extent permitted by applicable laws we, on behalf of Phoenix Group, employees, agents, suppliers, and contractors exclude liability for any losses and expenses of whatever nature and howsoever arising including, without limitation, any direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this website or any website with which it is linked. You assume total responsibility for establishing such procedures for data back up and virus checking as you consider necessary. Price and availability of information, materials, products and/or services is subject to change without notice.

14. Indemnity and Release

You agree to indemnify, release and hold us harmless as well as our Group, officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms of Use or your access or use of this website or any of the information, materials, products or services available through this website.

15. Modification and Discontinuation

We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website (or any portion thereof) and/or the information, materials, products and/or services available through this website (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this website.

16. Entire Understanding

These Terms of Use contain the entire understanding between you and us with respect to this website and no representation, statement, inducement oral or written not contained in these Terms of Use shall bind any party to this agreement. You acknowledge that in accessing and using this website you do not rely on any representation, warranty, collateral contract or other assurance of any person that is not set out in these Terms of Use.

Should any part of these terms for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these terms had been eliminated. Our failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

17. Law & Jurisdiction

These Terms of Use are made under English law and this website is operated from England. Access to, or use of, this website or information, materials, products and/or services on this website may be prohibited by law in certain countries or jurisdictions.

You are responsible for compliance with any applicable laws of the country from which you are accessing this website. We make no representation that the information contained herein is appropriate or available for use in other locations outside England. You agree that the courts of England shall have exclusive jurisdiction to resolve any controversy or claim of whatever nature arising out of or relating to use of this website, and that the laws of England shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.

18. Contacting us

If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to us at Customer Engagement and Value, Phoenix Life, 1 Wythall Green Way, Wythall, Birmingham, B47 6WG.

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Phoenix Customer Care Limited is pleased to be a member of the DMA