Terms & Conditions

By signing up to the LifeQuay service (the “Service”), the account holder (“you”) is entering into an agreement with LifeQuay Ltd (trading as LifeQuay) to be bound by these Terms and Conditions. Any reference in these Terms and Conditions to “we”, “our” or “us” is a reference to LifeQuay.

Where we change the Terms and Conditions we will update them on this site accordingly, along with a revised effective date. For any significant changes, we will also notify you by other means, such as via email.

1 The LifeQuay Service

1.1 The Service (a) provides a online platform to enable you interact and transact with your professional advisors; (b) assists you in managing and simplifying your home and life admin; and (c) enables you to securely store and retain your important docs and information , all within one secure portal. Once signed up, key account, usage and statement information is available centrally through your LifeQuay account.

1.2 You can also set up email notifications to receive an update of your account activity on a regular basis, or whenever activity takes place.

1.3 Based on the personalised data within your LifeQuay account, we may make recommendations or provide offers to you, such as to help you run or manage your Third Party relationships more cost effectively and tailored to your and your household’s specific needs.

1.4 In conjunction with other companies with whom we contract (“Partners”), LifeQuay may provide you with access to certain capabilities, such as switching to alternative Third Parties , through your LifeQuay account.

All of the features of the Service are more particularly described on the LifeQuay website: www.LifeQuay.com

2

2.1 For provision of the Services , we will charge you a subscription for access to and use of the Service. To sign up, you will need to create an account by following the instructions on the LifeQuay website or through introductory email from your professional advisor. Once your account has been created, you can start to complete your Quaypoints and place docs within your vault. To complete matters you may require to input personal Data of your specific Third Parties you use and then view information pertaining to those services within your LifeQuay account. The more Quaypoints you add, the more useful the Service will be.

2.2 Once you have set up Third Parties Data within your LifeQuay account, you won’t need to enter those details again.

2.3 We reserve the right to restrict (a) the amount of time your Data is made available within your LifeQuay account , and (b) the size of Data stored within your LifeQuay account, upon providing notice to you. At present your data is accessible for the period of your subscription and we provide 1GB of data storage free of charge. If you wish to increase your storage additional charges may apply.

3 Your Obligations

3.1 To use the Service you must be at least sixteen years of age and a resident of the United Kingdom.

3.2 You must keep your LifeQuay account details secure and confidential. You are responsible for all account activity undertaken and associated with your account user name and password.

3.3 You agree to provide true, accurate and complete information about yourself and yand information held in your Quaypoints and agree not to misrepresent any information relating to Third Party accounts or your identity.

4 LifeQuay as your agent

4.1 By using the Service, you authorise and appoint LifeQuay as your agent in order to communicate with your professional advisors directly or via any third party case management systems , or provide info or data to those Quaypoint Third Parties or their accounts that you designate and the information contained within them, on your behalf. You appoint LifeQuay as your agent, with the full power and authority, to access any and all information relating to those designated accounts, through all means including access to third party sites, servers and documents and other means of information retrieval relating to you. For all intents and purposes, LifeQuay is acting as you would act in person.

4.2 You agree that when LifeQuay accesses and retrieves information from third parties relating to you, LifeQuay is acting as your agent and not the agent of the third party or any other entity.

4.3 You agree that third parties can rely on the authorisation of agency granted by you to us and that the Service is not endorsed by any third party providers accessible through the Service. We do not warrant or otherwise guarantee that such third parties permit use of our Service as part of any agreement you have in place with them.

5 Your Data

5.1 Whilst you have a LifeQuay account, you license LifeQuay to store any usernames, passwords, data and other content relating to you, which are obtained from your professional advisors or any Quaypoint providers and or which are contained within your LifeQuay account by virtue of your use of the Service (the “Data”). The license provided by you to us is without the payment by us of any fees.

5.2 LifeQuay will only use the Data in order to (a) look at ways in which we can improve the Service;(bi) provide the Service to you; and (c) analyse your use of Quaypoint providers, in an anonymised and aggregated manner (meaning that you cannot be personally identified), that we may share with third parties.

5.3 We treat the security of Data very seriously and have appropriate physical, technical and administrative procedures in place to help protect such information from unauthorised access, use or disclosure. We maintain a Privacy Notice which documents our approach and commitment to Data Protection and the privacy of your Data, and which is reviewed and maintained on a regular basis.

6 Our Obligations

6.1 We shall use reasonable endeavours to make the Service as secure as reasonably practicable and available to you at all times you are a LifeQuay member , but we do not warrant or guarantee that it shall be secure, available or that it will not be withdrawn. The Service is provided “as is” and “as available” and your use of the Service is at your sole risk. We may discontinue, amend or withdraw the Service at any time without notice. It may also be subject to interruptions or downtime, whether due to causes within our control or due to third parties.

6.2 All warranties are expressly disclaimed, including relating to the Service, any Data (including that of third parties) and including but not limited to the implied warranties of merchantability, fitness for purpose and non-infringement.

6.3 LifeQuay make no warranty as to (i) the level and quality of the Service ii) the service being uninterrupted, timely, secure, error-free or accurate iii) the information accessible from the Service being accurate or reliable (including that provided by Quaypoint providers or other third parties) iv) that any technology errors will be corrected.

6.4 Usage of the Service by you will not create any warranty that is not expressly stated in these terms.

7 Service Suspension

7.1 LifeQuay may at any time and without notice suspend your account and or access to the Service in the event that (a) your use of the Service contravenes these Terms and Conditions or any future directions given by LifeQuay from time to time, and (b) we reasonably suspect unauthorised or fraudulent use of the Service;

7.2 LifeQuay may vary, remove, enhance, discontinue and otherwise alter the Service and its components at any time and without notice and without liability to you. You agree that LifeQuay will not be liable to you or any third party for any such variation to the Service.

8 Cancellation

8.1 You are not obligated to use the Service and may cancel your account with us by emailing us from your registered email address, with your instruction to close your account. Upon receipt of your request we will close your account at our earliest reasonable opportunity.

8.2 Your account may also be closed at our sole discretion for reasons including non-payment of subscription or suspected breach of these Terms and Conditions.

8.3 In the event of account closure for any reason, information contained within your account will become unavailable and personally identifiable data may be deleted in accordance with our Data Privacy policies.

9 Your access to your account from outside the United Kingdom

The Service is provided using encryption to protect the security of your Data. The use of such encryption may be illegal in jurisdictions outside the UK. It is your responsibility to ensure that, if outside the UK, your ability to use the Service is permitted by local law in that jurisdiction. LifeQuay will not be liable for any loss or damage suffered by you as a result of not being able or permitted to use the Service.

10 Limitation of liability

10.1 You agree that LifeQuay will not be liable for any damages, loss of profits, Data or other intangible losses or for any indirect, consequential loss, even if in each case LifeQuay has been advised of the possibility of such losses or damages resulting from i) use of or inability to use the Service ii) the cost of substitute goods or services iii) any Data obtained via the Service, including without limitation third party account information iv) unauthorised access to the Service by a third party or interception of Data v) the operation or non-operation of any third party site or service or vi) any other matter relating to the Service.

10.2 Nothing in this agreement shall exclude or limit liability for death or personal injury resulting from the negligence of either party or for fraud or for any other liability that cannot be excluded or limited by law.

11 Proprietary Rights

11.1 You are permitted to utilise any of your Data accessible through the Service however you may not copy, reproduce, distribute or create derivative works from any content proprietary to LifeQuay. In certain circumstances, LifeQuay may provide you with account functionality enabling you to download your Data accessed from your professional advisors or Quaypoint providers.

11.2 You agree not to reverse engineer or reverse compile the Service or its underlying technology, which are proprietary to and owned by LifeQuay.

11.3 You shall indemnify and hold LifeQuay harmless in the event that any professional advisors or Quaypoint providers or other third party alleges any breach or takes action against LifeQuay due to actions linked to your use of the Service, including without limitation relating to copyright infringement or other alleged illegal activities. In the event of a claim under this clause, you shall provide us with all reasonable assistance required by us in order to a) hold us harmless against such claims, liability, damages, expenses and costs and b) ensure that our reputation is not adversely affected.

12 Assignment

LifeQuay may sub-contract or assign part or all of this agreement to a third party, on the same terms, at any time and without notice.

13 Validity

If any part of these Terms and Conditions are held to be invalid or unenforceable, that shall not have any impact on the validity or enforceability of any of the remaining Terms and Conditions, which shall remain in full force and effect.

14 Jurisdiction

This Agreement shall be governed by English law and both parties submit to the non-exclusive jurisdiction of the Scottish Courts.


V1 . 1st November 2018