TERMS OF SERVICE FOR USERS
VOYANT IS OWNED BY ASSETMARK FINANCIAL HOLDINGS, INC.
Introduction
These are the Terms of Service For Users ("Terms") www.planwithvoyant.co.uk (the "Site") and the Voyant Adviser service (the "Service") provided through the Site. These Terms are only applicable to users who are not financial advisers. If you are a financial adviser, your use of the Site is governed by the Terms of Service for Advisers provided separately on the Site.
The Site is operated by Voyant, Inc., a Delaware corporation ("Voyant", "we", "us" and "our").
Your use of the Service is subject to these Terms and by using the Service you agree to be bound by them. You should print a copy of these Terms for future reference. Use of your personal information submitted to or via the Site is governed by our Privacy Policy.
We reserve the right to change these terms and conditions from time to time by changing them on the Site. These terms and conditions were last updated on September 3, 2024.
Registering with us
To set up an account with us (by completing the account registration form available on the Site), you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these Terms).
To register, you must provide us with accurate, complete and up-to-date contact information, including name, email address and post code. You are responsible for the information you provide to us. You must promptly update your account information online in the event of any changes to this information.
Username and password
Upon registration for an account with us, you will be asked to create a username and password. You must keep your password confidential at all times and only you should use it, and only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your password (see Contacting us). Any breach of these Terms and/or any use of your account by anyone to whom you disclose your password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.
Passwords are our property and we reserve the right to alter or replace them, or require you to do so, at any time in our sole discretion.
You must cease to use and delete the password for your account upon termination of your account for whatever reason.
The Service
You must have been referred by your financial adviser ("Adviser") to use the Service. We may terminate your use of the Service if your Adviser ceases to authorise you to use the Service, if you have not been referred by your Adviser, or if your Adviser is no longer registered with the Service for any reason.
You may terminate your use of the Service at any time by closing your account. If you need assistance in closing your account, please contact us at support@planwithvoyant.co.uk.
You acknowledge and agree that you are solely responsible for all use you make of any Service.
Acceptable use
You agree that you will not, nor allow anyone else to, use your account or the Service to:
(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or which violate the rights, harms, or threaten the safety of any person (in each case as determined by us) ("Prohibited Content");
(b) impersonate any person or entity, including, but not limited to, a Voyant employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service;
(d) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
(f) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan horses or any other computer code, scripts, agents, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service (each a "User") are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;
(h) interfere with or disrupt the Service or servers or networks connected to the Service, disobey any requirements, procedures, policies or regulations of networks connected to the Service, or use the Service for any fraudulent purpose;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to (i) regulations promulgated by the U.S. Securities and Exchange Commission, the Financial Conduct Authority or the United Kingdom Listing Authority, (ii) rules of any national or other securities exchange, including, without limitation, the London Stock Exchange, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and (iii) any regulations having the force of law;
(j) provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation(s) designated by the United States government or the government of the United Kingdom as a foreign terrorist organization pursuant to the applicable laws of those countries;
(k) "stalk" or otherwise harass another person or User;
(l) provide false identity information to gain access to or use the Service;
(m) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or which violates third party privacy rights;
(n) attempt to gain unauthorised access to the Service or its related systems or networks; and/or
(o) collect or store personal data about other Users in connection with the prohibited conduct and activities set forth in Sections (a) through (n) above.
Intellectual property ownership
We alone (and/or our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Service, and any modifications, improvements, enhancements, upgrades, and derivative works related thereto. You agree to assign any right, title, and interest you may have or acquire in the foregoing to us.
These terms do not convey to you any rights of ownership in or related to the Service or any intellectual property rights related thereto. The Voyant name, the Voyant logo, and the product names associated with the Service are trademarks of us or of third parties, and no right or license is granted hereby to use them.
Content, account information and data
You represent and warrant that: (i) you own any data that you post to the Service (the "User Content") or otherwise have the right to grant the license set forth under these terms, and (ii) the posting of the User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing to any person or entity by reason of any User Content posted to or through the Service.
You hereby grant us a perpetual, non-exclusive, fully-paid, royalty-free, fully sublicensable, transferable, irrevocable, worldwide license to use any User Content (in whole or in part) for the purpose of fulfilling our obligations under these Terms of Service and maintaining and running the Service.
The Service contains content belonging to us and/or our licensors ("Voyant Content"). (Voyant Content and User Content are collectively referred to as the "Content"). Voyant Content is protected by copyright, trademark, and other laws, and we (and/or our licensors) own and retain all rights in Voyant Content.
We do not control all of the Content posted via the Service and, as such, do not guarantee the accuracy, integrity or quality of the Content. You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge and agree that the Service is intended for general informational use only, does not amount to investment advice and should not be relied upon in making any investment decision. The Content may relate to previous share prices or financial performance and the past is not necessarily a guide to future performance and should not be relied upon as such. If the Content contains any forward-looking statements, these are only predictions and involve known and unknown risks, uncertainties, and other factors that may cause actual results and performance to be materially different from those predicted. The Content is not advice on any particular matter. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in Voyant Community or in any other parts of the Service. Subject to the next paragraph, under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You acknowledge that we do not pre-screen Content. Notwithstanding this, and without liability of any kind, we may reject, refuse to post, remove or delete any (i) content submitted by you or by any other party, which is deemed to be Prohibited Content; and/or (ii) Content that is available via the Service. You must not post Prohibited Content. Despite prohibitions contained in these Terms, content provided by other Users may contain Prohibited Content, and, except as expressly provided to the contrary in these terms, we expressly disclaim any responsibility or liability for this material. You understand that by using the Service, you may be exposed to such Content. If you become aware of misuse of the Service by any person or any Prohibited Content, please contact us at +44 (20) 8090 3601 or by email to support@planwithvoyant.co.uk, describe such abuse and, if the contact is by email, reference "Service Abuse" in the subject line. We reserve the right to investigate and take appropriate legal action against anyone who we determine, in our sole discretion, violates this provision.
We may access, preserve and disclose User Content and/or your account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms;
(c) respond to claims that any Content violates the rights of third parties;
(d) respond to requests for customer service; or
(e) protect the rights, property or personal safety of our Users, us and the public.
You accept sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all data in the User Content you submit, and we shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any such data in connection with your use of or access to the Service.
Privacy
Our Privacy Statement sets out all personal data collected and processed by us in connection with the Site and/or Service.
Third-party interactions
We do not endorse any third party or any sites on the Internet that are linked through the Service. We provide links and access to third parties only as a matter of convenience, and in no event shall we or our licensors be responsible for any advice, content, products, or other materials on or available from such advisers or sites. You recognise that certain third-party providers of ancillary software, hardware or services may require an agreement to additional or different licenses or other terms prior to your use of or access to such software, hardware or services.
Confidentiality
You acknowledge that the Service and any other proprietary or confidential information provided to you by us ("Voyant Confidential Information") constitutes our valuable proprietary information and trade secrets. You agree to preserve the confidential nature of the Voyant Confidential Information by retaining and using it in trust and confidence, solely for your internal use and subject to the Terms hereof. We shall have the right to seek an injunction (without having to post any bond or undertaking in damages or prove actual damages) to prevent any breach or continued breach of this section. You agree to promptly report any breaches of this section to us.
Warranties
We warrant that the Service will be provided with reasonable care and skill.
No conditions, warranties or other terms apply to the Service under these Terms except to the extent that they are expressly set out in these Terms. Subject to the warranty above, no implied conditions, warranties or other terms apply (including implied terms as to quality, fitness for purpose or conformance with description) to the Service.
We and our licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Service or any Content. To the extent permitted by law, we and our licensors do not represent or warrant that (a) the use of the Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your requirements or expectations, (e) errors or defects will be corrected, or (f) the Service or the server(s) that make the Service available are free of viruses or other harmful components.
Internet delays and force majeure
The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Except as otherwise provided in these Terms, we shall not be liable for any loss, liability or damage arising as a result of any failure, delay, limitation, delivery failure, inaccuracy or other fault in the operation of the internet and/or electronic communications not controlled by us.
Neither you or we shall be in default for failing to perform any obligation hereunder if such failure is caused solely by supervening conditions beyond the parties' respective control, including without limitation acts of God, civil commotion, strikes, terrorism, failure of third party networking equipment, failure of the public Internet, power outages, labour disputes or governmental demands or restrictions.
Local laws and export control
The Service uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies. No software may be downloaded from the Service and the Service may not be otherwise used, exported or re-exported by you in violation of U.S. export laws.
Software contained within the Service may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730- 774 and Council Regulation (EC) No. 1334/2000
We and our licensors make no representation that the Service is appropriate or available for use in locations other than the United Kingdom. If you use the Service from outside the United Kingdom, you are responsible for complying with all applicable laws, including without limitation export and import regulations of other countries. Any diversion or use of the Content contrary to the laws of the United Kingdom is prohibited.
Service suspension and termination
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service and/or the Site (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.
If you have breached these terms and conditions, we may take such action as we deem appropriate. Such a breach by you may result in our taking, with or without notice, all or any of the following actions:
The responses described above are not limited, and we may take any other action we deem appropriate.
Upon termination of your account, for any reason:
Our liability
Nothing in these Terms shall limit or exclude our liability to you:
Subject to this, in no event shall we be liable to you for any business losses, and any liability we do have for losses you suffer arising from any Contract is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time that you registered for an account.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control.
General
You may not transfer or assign any or all of your rights or obligations under these Terms.
All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when placing an order.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these Terms is found to be unenforceable, all other provisions shall remain unaffected.
These Terms may not be varied except with our express written consent.
These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the Service and your use of the Site.
These Terms shall be governed by English law. You agree that any dispute between you and us regarding them or the Site will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
Contacting us
Please submit any questions you have about these terms and conditions or any complaint or concern in relation to the Service to support@planwithvoyant.co.uk or write to us at Voyant, Inc. 7300 Ranch Road 2222, Building 5, Suite 200, Austin, TX 78730, addressed to the attention of the Chief Financial Officer.