UCP Terms and Conditions

The Universal Client Portal is a service available only via your Advising firm(s) in relation to Products provided to you, by them. UCP gives you access to view the progress of all the Products, shared with you by your Adviser, in one place, 24/7, on any mobile or web-enabled device. So whether you’re looking for an update on the Status of your Product, need to share a document with your Adviser or wish to communicate with your Adviser, trackerhub has it here to help.

Throughout these Terms and Conditions, the following definitions will apply:

  • “UCP” refers to the Universal Client Portal; a premium add-on service offered by trackerhub Ltd (“us”) to Adviser firms to enable communication with Clients regarding the progress and delivery of Products under their purview via a subscription platform (trackerhub).
  • “Products” – refers to any Regulated or Unregulated product or service being advised on or provided to you by an Adviser or Associate of an Advising firm, that Advising firm being a trackerhub subscriber.
  • “Adviser” – refers to an individual or group of individuals operating within the Advising firm which is arranging and delivering the Product(s) to you (“Client”). These may be brokers, consultants, advisers, solicitors, administrators, or any other role operating within the Advising firm from time to time.
  • “Advising firm” – a trackerhub subscribing firm employing or contracting Advisers to arrange and execute the provision of Products on behalf of Clients using trackerhub as a system to track the progress of business leads, share documents and provide multi-lateral communication channels with associated parties.

TERMS OF USE

UCP is made available to you by your Adviser firm by whom you have been invited and subsequently registered for access to the UCP.

Please read these terms and conditions (“Terms”) carefully before you start to use the UCP. By using the UCP, you agree to be bound by these Terms. These Terms are effective from the date that you first use the UCP software. Please note that if you do not agree to these Terms, you are not authorised to use and should not access the UCP software.

These Terms form an agreement between us, your Advising firm and you, each being a “party” and together being the “parties”.

Your right to use the UCP is set out in these Terms. trackerhub Ltd remains the legal owners of the UCP software at all times. You agree that you will contact your Advising firm in the first instance in respect of any queries or matters relating to the UCP.

1. ACKNOWLEDGEMENTS

  1. These Terms govern your use of the UCP and any associated media and printed materials made available to you in relation to the UCP. These Terms apply to any updates, new releases, and new versions of the UCP software that are made available to you from time to time.
  2. We may update these Terms at any time. If you don’t agree with the changes, you can terminate these Terms by no longer using the UCP as a means of communicating with your Adviser firm.

2. REQUIREMENTS

  1. To be eligible to use the UCP, you must:
    a) Be invited to join the UCP by an Advising firm electing to provide you with access to the UCP. Invitation to join the UCP and permit and continue to permit access to the Products being provided to you are at the discretion of the Advising firm.
    b) Be registered with us, and once registered, we may issue you with access to an account (“Account”) which will enable you to use the UCP.
  2. You are responsible for making all arrangements necessary for you to access the UCP, including by using an appropriate device (for example a computer, tablet or any mobile phone running a version of Android or iOS), configuring the device as necessary and securing an internet connection.

3. GRANT AND SCOPE OF LICENSE

  1. In return for you agreeing to abide by these Terms, we grant you a non-transferable, non-sub-licensable, and non-exclusive license to use the UCP, subject to these Terms. We reserve all other rights.
  2. You may only:
    a) View, use and display the UCP; and
    b) Use any of the documentation and any other written materials supplied with the UCP (“User Documentation”), for your own use, so you are not permitted to share such User Documentation, the UCP, or your Account with anyone else.
  3. In the event of your Advising firm cancelling their regular subscription with trackerhub and/or their premium subscription for the UCP service within trackerhub, your access to UCP will cease without prior notice. Should you require continued access to the records accessible via the UCP, you should discuss this with your Advising firm to regain access to the UCP. trackerhub Ltd will not enter into discussions directly with Clients whose Advising firms are no longer subscribing users of the trackerhub system.

4. LICENSE RESTRICTIONS

Except as expressly set out in these Terms, you agree:

  1. To use the UCP strictly in accordance with these Terms and the User Documentation;
  2. Not to copy the UCP software except where such copying is incidental to normal use of the UCP software, or where it is necessary for the purpose of back-up or operational security;
  3. Not to rent, lease, sub-license, loan, translate, merge, adapt, vary, or modify the UCP software or permit any third parties to do the same;
  4. Not to make alterations to, or modifications of, the whole or any part of the UCP software, or permit the UCP software or any part of it to be combined with, or become incorporated into, any other programs;
  5. Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the UCP software or attempt to do the same, unless where it is permitted by the Copyright, Designs and Patents Act 1988;
  6. Not to provide or otherwise make available the UCP software in whole or in part (including object and source code), in any form to any person; and
  7. To comply with all instructions given by us or by your Advising firm in relation to the use of the UCP software, (together the “Licence Restrictions”).

5. ACCEPTABLE USE RESTRICTIONS

You must:

  1. Not use the UCP software in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the UCP software;
  2. Not infringe our intellectual property rights or those of any third party in relation to your use of the UCP software (in other words you can only use the UCP software as permitted under these Terms and as permitted generally by law);
  3. Not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the UCP software; and
  4. Keep your Account details, including your username and password, confidential and not allow anyone else to access your Account.

6. ACCURACY OF INFORMATION IN YOUR CLIENT RECORD

  1. The information about you and your Products (your “Client Record”) within the UCP is provided by your Adviser firm and is based upon the information you have provided to your Advising firm or the action your Advising firm has taken in relation to your Client Record. If you have any concerns about the accuracy of such information please contact your Adviser firm soon as possible.

7. INTELLECTUAL PROPERTY RIGHTS

  1. You acknowledge that all intellectual property rights in the UCP software and User Documentation belong to us and that rights in the UCP software and User Documentation are licensed (not sold) to you, and that you have no rights in, or to, the UCP software or User Documentation other than the right to use them in accordance with these Terms.
  2. You acknowledge that, unless permitted under these Terms or permitted under law, you have no right to have access to the source code of the UCP software.

8. DATA PROTECTION

  1. Certain personal information about you will be collected and used by your Advising firm in relation to the UCP software. Please check with your Advising firm about their privacy policy which should provide more details on what your personal information is used for, and how, in relation to your use of the UCP software. Your Adviser may also send you a copy of their privacy policy.
  2. You acknowledge that as part of their provision for your access to the UCP Software, your Advising firm and other third-party service providers with whom they may operate for the purposes of delivering Products to you, will have access to and will process your personal information.

9. OUR RESPONSIBILITY FOR LOSS OR DAMAGE WHICH YOU SUFFER

  1. You acknowledge that the UCP software has not been developed to meet your individual requirements, and that it is therefore your responsibility to consider whether the facilities and functions of the UCP software meet your requirements.
  2. Where the UCP software contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
  3. You hereby agree and acknowledge that you should contact your Adviser firm immediately in the event that you are (i) dissatisfied with the UCP software, (ii) if you require any support or maintenance, or (iii) if you believe that the UCP software has not performed in accordance with these Terms. No support or maintenance will be provided to you directly by trackerhub Ltd, rather it will all be provided by your Adviser firm with their reference to us, as required from time to time.
  4. We are not liable for business losses. If you use the UCP software for any commercial, business or resale purpose we will have no liability to you for any loss of profit, business, revenue, anticipated savings, data, goodwill, business interruption, wasted expenditure or loss of business opportunity.
  5. If, where we are responsible for financial losses that you suffer from using the UCP software, for instance where we are in breach of these Terms, or where we have been negligent or have failed in some other legal duty to you which causes you financial loss, then our maximum aggregate liability to you shall be limited to £100 (one hundred pounds sterling).
  6. Your responsibility for loss we suffer. You agree to fully compensate us for any losses and/or expenses (including, but not limited to, reasonable lawyers’ fees and third-party claims) caused by or arising from your breach of these Terms or your infringement, or infringement by any other user of your Account, of any intellectual property right.

10. TERMINATION AND EXPIRY

  1. These Terms shall automatically expire if your relationship with your Advising firm, for whatever reason is terminated e.g. if you cease to use your Adviser as your financial adviser.
  2. We may terminate these Terms immediately and without prior notice, including for, but not limited to, the following reasons:
    a) If you commit a material breach of these Terms which you fail to remedy within ten (10) days; or
    b) If you breach any of the restrictions set out in Clauses 4 (Licence Restrictions) and 5 (Acceptable Use Restrictions) of these Terms.
    c) On cancellation or on our receipt of notification of cancellation by your Advising firm of their subscription for UCP services provided by trackerhub Ltd
  3. On expiry or termination of these Terms for any reason:
    a) All rights granted to you under these Terms shall cease; and
    b) You must immediately cease using the UCP software
    c) Expiry or termination of these Terms will not affect your statutory rights, including under UK data protection law.

11. LAW AND JURISDICTION

  1. These Terms, its subject matter and its formation, are governed by English law. The parties hereby agree that the courts of England will have exclusive jurisdiction over any disputes arising out of these Terms.

12. SEVERANCE

  1. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.