Terms of Use of Moneyfacts Finalist, Shortlisted and Sponsor Logos

Moneyfacts supplies the Moneyfacts Finalist Logos, Moneyfacts Shortlisted Logos and Moneyfacts Sponsor Logos without charge and licences their use subject to the following Terms of Use.

1. Definitions

“Associated Person” means any person who performs services for either party in respect of this Licence including but not limited to employees, agents and members of its corporate group;

“Awards Ceremony” means the annual awards ceremony held for any of the Moneyfacts Awards, Business Moneyfacts Awards, Investment Life & Pensions Moneyfacts Awards or Moneyfacts Consumer Awards.

“Certificate” means the certificate supplied by Moneyfacts to all firms that are finalists or shortlisted for a Moneyfacts award.

“Licence” means the licence granted by Moneyfacts to the Purchaser to use a Moneyfacts Logo.

“Moneyfacts” means Moneyfacts Group plc, a company incorporated in England, company registration number 4063110, registered office Moneyfacts House, 66-70 Thorpe Road, Norwich NR1 1BJ.

“Moneyfacts Finalist Logo” means the complimentary logo supplied by Moneyfacts to the finalist of any of the Moneyfacts Awards, Business Moneyfacts Awards or Investment Life & Pensions Moneyfacts Awards. “Moneyfacts Logo” means any of Moneyfacts Finalist Logo, Moneyfacts Shortlisted Logo or Moneyfacts Sponsor Logo

“Moneyfacts Shortlisted Logo” means the complimentary logo supplied by Moneyfacts to a firm shortlisted by Moneyfacts as a potential winner of an award at the Moneyfacts Consumer Awards.

“Moneyfacts Sponsor Logo” means the complimentary logo supplied by Moneyfacts to a firm sponsoring an Awards Ceremony, or any category of awards, or any other aspect of the Awards Ceremony.

“User” means the firm being given rights to use a Moneyfacts Logo.

2. Scope
   • These Terms of Use apply to any rights to use a Moneyfacts Logo as licenced by Moneyfacts and the parties intend to be bound by these Terms of Use.
   • These Terms of Use shall be deemed to be accepted upon the signing of the Order Form or use of the Moneyfacts Logo.
   • Moneyfacts warrants that its title to and property in the Moneyfacts Logos is free and unencumbered and that it has the right, power and authority to licence the same upon the terms of these Terms of Use.
   • Moneyfacts shall under no circumstances be liable to User whether in contract, tort, breach of statutory duty or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with granting of the Licence.

3. Intellectual Property
   • The term ‘Moneyfacts’ and its derivatives are registered trade marks. Use of any Moneyfacts trade mark without licence from Moneyfacts will be an infringement of Moneyfacts’ intellectual property rights. Moneyfacts grants its Licence to use its trade marks by way of provision of a Moneyfacts Logo, subject to these Terms of Use.
   • All intellectual property rights in a Moneyfacts Logo rest with Moneyfacts and continue to do so.

4. Permitted Use of Moneyfacts Logo.
   • Once supplied, the Moneyfacts Logo may be used by the User in any promotional activity for its business or its products, or on its business stationery, including email templates.
   • A Moneyfacts Finalist Logo or a Moneyfacts Shortlisted Logo may only be used up to the date of the specific Awards Ceremony to which the logo relates, after which the User promises to remove the Moneyfacts Finalist Logo or Moneyfacts Shortlisted Logo from all media.
   • A Moneyfacts Sponsor Logo may be used for a period of up to one calendar month after the date of the specific Awards Ceremony to which the logo relates.
   • The User may use a Moneyfacts Shortlisted Logo to promote voting by its customers in the Moneyfacts Consumer Awards, subject to the following conditions:
     • The Moneyfacts Shortlisted Logo must only be used against product areas where the company is shortlisted.
     • Moneyfacts may, at its discretion, offer an incentive prize draw to encourage votes in the Moneyfacts Consumer Awards. The User is not permitted to offer its own incentives or gifts to encourage votes and should clearly state that it is Moneyfacts which is offering the incentive prize.
     • Moneyfacts will supply a unique voting URL to the User which the User may provide to its customers to facilitate voting in the Moneyfacts Consumer Awards.
     • The User is permitted to suggest that its customers vote for its organisation in a particular Moneyfacts Consumer Awards category or categories in any promotional material.
   • Moneyfacts may, at its discretion, after an Awards Ceremony, provide a copy of a Certificate in pdf format to finalists or shortlisted firms that did not win an award. This may be used for internal purposes only, and is not licenced for use as part of any marketing or public relations campaign.

5. Rights and Obligations of Users of a Moneyfacts Logo
   • It is the User’s responsibility to ensure that any use of a Moneyfacts Logo in its marketing or Public Relations is fair, not misleading and complies with all regulatory and legal standards.
   • The Moneyfacts Logo must be displayed faithfully to its design and must not be tampered with in any way. For the avoidance of doubt, this includes all colours, fonts, words, designs and borders. This does not prevent the User re-sizing the logo provided the correct proportions are maintained.
   • Use of a Moneyfacts Logo cannot be assigned to any other person or company either within or outside of the User’s corporate group.

6. Liability
   • The User will indemnify Moneyfacts fully and hold Moneyfacts harmless in respect of any claim made against Moneyfacts or itself arising from the use of the Moneyfacts Logo. Moneyfacts shall be entitled to have the User immediately pay to any third-party claimant 100% of any damages claimed and proved.

7. General
   • The failure or delay of Moneyfacts to exercise or enforce any right under these terms shall not operate as a waiver of that right or preclude the exercise or enforcement of it at any time or times thereafter
   • The Contracts (Rights of Third Parties) Act 1999 shall not apply and no third party shall have any right to enforce any term of these Terms of Use.
   • Each party warrants and represents that: (a) at the   commencement  of  the Licence,  it  has in  place adequate procedures to prevent any act of bribery (as that term is defined in the Bribery Act 2010) being committed by it or any of its Associated Persons; (b) the   procedures  referred  to  in  clause  3.(a)  will  be  maintained  throughout the term of the Licence; and (c) it  and  its  Associated  Persons  will  not, during  the  term  of  the Licence, do anything which could contravene the Bribery Act 2010 or cause the other party to contravene the Bribery Act 2010.
   • Each party warrants and represents that it and its Associated Persons shall not engage in any activity, practice or conduct which would constitute either (a) a UK tax evasion facilitation offence under section 45(5) of the Criminal Finances Act 2017, or (b) a foreign tax evasion facilitation offence under section 46(6) of the Criminal Finances Act 2017, and shall have and maintain in place throughout the term of this Licence such policies and procedures as are both reasonable to prevent the facilitation of tax evasion by its Associated Persons and to ensure compliance with this clause.
   • Each party warrants and represents that it and its Associated Persons conduct their business in a manner that is consistent with the principles of the Modern Slavery Act 2015 and shall take reasonable steps to ensure that there is no modern slavery or human trafficking in their supply chains or in any part of their business.

8. Law
   • The Licence granted under these Terms of Use shall be subject to the laws of England and any disputes will be subject to jurisdiction of the English Courts.
   • The Order Form and these Terms of Use together contain the entire agreement between User and Moneyfacts and supersedes and replaces all prior agreements, negotiations and discussions between User and Moneyfacts relating to it Each party acknowledges that by entering into this agreement it places no reliance on any statement, warranty or representation other than those expressly set out in these Terms of Use. Any other proposed condition shall be void unless incorporated clearly in writing in the Order Form. Once agreed, no variation of these Terms of Use shall be valid unless it is in writing, including email, and agreed by an authorised representative of both User and Moneyfacts, such agreement to be demonstrable in writing.
   • Any notice, request, instruction or other document to be given hereunder shall be in English and be e-mailed to the last known contact at the other party, or sent by first class post to the addressee’s registered office or any address notified in the original invoice, order or application form or in any subsequent correspondence. Any such notice shall be deemed to be received either at 08:00 the day following an email or two days after posting to the relevant address for postal correspondence.
   • No personal data of any private customer is processed in the course of providing any Moneyfacts Logo. The personal data of any employee or representative of the User processed by Moneyfacts in the course of negotiating or providing the Moneyfacts Logos is processed under the legal basis of performing the contract.
   • Each party shall comply with all applicable data protection and privacy legislation in force from time to time. Each party shall ensure that their acts and omissions under the agreement shall not result in the other party breaching any data protection laws and each party shall comply with all requirements necessary to enable each party to comply with its obligations under any data protection laws.

Version:  1 November 2023