https://factfind.sunnyavenue.co.uk/ ("Website") is operated by Sunny Avenue Limited
Sunny Avenue Ltd is a company registered in England (Company no.14237427).
These Terms of use govern the access to and use of our Website by each visitor to the Website ("you" or “your"). If you do not agree to be legally bound by these Terms, then you must not use our Website.
If you are not 16 years old or over, you should not use our Website.
We reserve the right at any time without notice to revise the content of these Terms of use by posting any changes to this page. Such revised Terms of us will be effective immediately as it is posted and you will be notified of any changes by a notice posted on our Website for a period of time following the posting of such changes. By continuing to use our Website you are bound by all such revised Terms.
Your attention is drawn in particular (without limitation) to the sections headed "General disclaimer", "Specific disclaimers" and "Exclusion of liability".
Sunny Avenue does not recommend any Professional, and the fact that a Professional is listed on the Website, provided your contact details, or as part of the Service does not mean that they are approved or endorsed by Sunny Avenue in any way.
Sunny Avenue accepts no liability for damages caused by advice or information provided by advisers.
Sunny Avenue makes reasonable attempts to verify the advisers are qualified and that their contact details are accurate, however we cannot accept liability for any inaccurate information, including validity of qualifications and adviser regulated status. You must make your own mind up on how to proceed.
Sunny Avenue is not authorised to give, and does not give, any financial or legal advice through the Service.
The questions we ask in the Fact Find do not replace the requirement for advisers to ask you questions and will not be used for an adviser to make a regulated recommendation for you.
By using Sunny Fact find you agree for your information to be shared with any adviser. We will only supply your contact details to one adviser unless you have requested us via email to help you find another adviser. The answers you provide through the website will be provided to as many advisers who wish to view them without your name and contact details.
If you decide to cancel before an adviser has viewed your contact details, you must notify us in writing and we will make reasonable attempts to remove your information. However, by using the website, you agree for your cancellation rights to be waived.
By using the website, you agree that Sunny Avenue will not accept any liability for use of your information outside of Sunny Avenue.
Sunny Avenue users will be able to leave advisers feedback. Sunny Avenue shall take reasonable measures to verify that the feedback is genuine, and may at its sole discretion remove Client feedback where authenticity is in doubt. Sunny Avenue does not accept any responsibility for damage caused by false or bogus feedback, or its failure or refusal to remove it.
By using the website, you agree to our privacy policy which can be found at https://www.sunnyavenue.co.uk/privacy-policy
If the need arises, we may, without notice, suspend access to the Website, on a temporary or permanent basis (including without limitation if you breach these Terms or if we need to revise the content of our Website) and we reserve the right to amend the content of the Website or to withdraw or amend the service we provide on the Website without notice. We will not be liable if for any reason our Website is unavailable at any time or for any period.
Certain links, including hypertext links, on our Website may take you outside our Website. Such links are provided for your convenience and information only and inclusion of any link does not signify express or implied endorsement or approval by us of the linked site, its operator, or its content.
We are not responsible for the content of any linked Website and accept no responsibility for any errors, omissions or misleading statements on any such linked site or for any loss or damage that may arise from your use of the same.
Our Website contains advertising content. Any such advertisers are solely responsible for ensuring that all material included in our Website is accurate and up to date and complies with all applicable laws, regulations and codes of practice. If you visit the website of one of our advertisers, you should also view their own applicable privacy statements or other relevant terms and conditions.
You agree to abide by all applicable laws, regulations and codes of conduct in force from time to time in respect of your use of our Website. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our site. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack or in any other way interrupt or attempt to interrupt the operation of our Website.
You cannot use the Website to create, check, confirm, update or amend your own or someone else's databases, records, directories, customer lists, mailing or prospecting lists (data mining). You may not use the functionality within the Website to contact advisers for your own commercial purposes. You may find that you are blocked from using the Website if you appear to us to be contravening these terms. If you are blocked from the website, you will receive a message displayed on screen informing you that you are blocked. If you believe that you have not been misusing the website, you should contact hello@sunnyavenue.co.uk to request that the block be removed, but the decision to remove any block will be at our sole discretion.
Except as provided below and subject always to the section below headed "Intellectual property rights", you agree that you will use our Website only for your personal or internal business purposes and that you will not use our Website or any of its contents for any commercial purpose.
The ‘Are you an adviser’ section of this site is only available to you if you are a professional adviser eligible to advertise with Sunny Avenue Ltd.
You agree that we may collect, store, and use information about you in accordance with our Privacy Policy and these Terms of use. You acknowledge and agree to be bound by the terms of our Privacy Policy and these Terms of use as amended from time to time. You warrant that all data provided by you is accurate.
We provide this Website and its content on an 'as is' and 'as available' basis and give no representations, guarantees or warranties of any kind, whether express or implied, with respect to this Website or its contents or that its operation will be virus free or uninterrupted. In particular, without limitation, we give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the information published on our Website. The information available on the Website is intended for general information purposes only and sets out our understanding of any chosen subject matter at the time of first publication. It is not intended to constitute advice or guidance upon which you may rely and is not a substitute for professional, financial, care, legal or tax advice based on your personal circumstances.
All users are advised to seek independent professional advice before acting on anything contained in our on our Website. The information:
Without prejudice to the "General disclaimer" in the above section, the information contained in the adviser search services has been provided by each of the professional advice advisers. It is not practicable for us to independently verify all the data provided. We do not endorse or approve any of the professional advisers listed in the directories or any information or advice that they may provide and we accept no responsibility in respect of the same. Accordingly it is your responsibility to satisfy yourself that the adviser you see is independent for the business you are transacting. Any decision to transact business with an adviser is made by you on the basis of your own enquiries.
Your use of our Website, and of any links to third party sites, is at your sole risk. To the fullest extent permitted by law, neither we nor any of our directors, employees or other representatives will be liable for any loss or damage arising out of or in connection with your use of this Website or reliance on any information available on the Website or any third party site linked to this Website. This is a comprehensive exclusion of liability that applies to all damages of any kind, including without limitation compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
Notwithstanding the foregoing, none of the exclusions and limitations contained above affects any statutory rights you may have as a consumer or our liability for:-
Except for any content contained within advertisements placed on our site by professional advisers, we are the owner or the licensee of all intellectual property rights (including without limitation copyright, and registered and unregistered trade marks and designs) in our Website and in the material published on it, including without limitation all copyright in the design, text, graphics software and other material on our site and the selection or arrangement thereof. Permission is granted to electronically copy and print in hard copy extracts from our Website for your personal reference solely in connection with the acquisition of goods or obtaining information through our site. Any other use of materials on our site (including without limitation use or reproduction for purposes other than those set out above and any alteration, modification, distribution, or republication of materials) is strictly prohibited without our prior written permission.
Where our advertisers have included intellectual property such as trademarks and logos within their own advertisements placed on our site, they have warranted to us that they are the owner or licensee of such intellectual property. If you believe that your intellectual property rights are being infringed by the content of any of the advertisements on the site, you should address such matters to the advertiser in the first instance.
With the exception of any content within advertisements placed on our site by professional advisers, all other trademarks, product names and company names or logos used on our Website are the property of us or our licensors. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of our or our licensors' rights.
Your interactions with organisations and/or individuals found on, or through, the Website, including responsibility for delivery of and payment for products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organisations and/or individuals. You agree that Sunny Avenue shall not be responsible, or liable, for any loss or damage of any sort arising from any such dealings.
In the event that you have a dispute with one or more other Users, you hereby release Sunny Avenue, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service (save to the extent caused by Sunny Avenue’s own negligence or wilful default). Whilst Sunny Avenue may, at the request of a Client or a Professional, investigate a complaint, you acknowledge and agree that Sunny Avenue is under no obligation to become involved in any dispute between Users.
We strive to make sure that your experience of using the Service is positive and rewarding, and as a result we may contact you from time to time during your use of the Service to check that you are satisfied with how things are going and to verify that Advisers and other Users are complying with their obligations to you and us. You understand and agree that we may contact you from time to time for these purposes and that, in the interests of maintaining the quality and integrity of the Service, you will respond promptly and truthfully to any reasonable requests for information.
You agree to indemnify and hold harmless Sunny Avenue, its officers, employees, agents and service providers from any claim or demand, including reasonable legal fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, or your violation of any rights of any person or organisation.
By completing the Sunny Fact Find on the website you agree to waive your rights to cancellation. Once we pass your information to a relevant adviser, we will be unable to prevent them from using that data in external systems from the website and you must accept this risk. Sunny Avenue will not accept any liability for use of information.
Sunny Avenue may cancel your subscription to the Service: by notice in writing given at any time prior to the end of the Initial Period, to take effect at the end of the Initial Period; or at any time following the end of the Initial Period by giving one month’s notice in writing.
Upon cancellation by Sunny Avenue by notice, Sunny Avenue shall refund any Subscription Fees already paid by you in respect of periods following the cancellation date.
Sunny Avenue may cancel your subscription and/or delete, suspend or deactivate your user account or otherwise terminate or restrict your access to the Service immediately and without notice and remove and discard any content within the Website if you commit an “Event of Default”. Each of the following shall be an Event of Default:
You cease providing the services of a Professional; you fail to comply fully with any Sunny Avenue investigations into the validity of information you have provided or feedback you have received from Users, or those investigations raise significant suspicions, as determined by Sunny Avenue at its sole discretion; your FCA, SRA or accountancy chartered body registration lapses or is cancelled, or you become subject to any inspection, investigation or enquiry by the FCA or any other professional statutory or regulatory body (save for routine inspections in the ordinary course) or any consumer body or reputable news service; your firm has a legally-binding contract in place with you that requires you to deactivate your Sunny Avenue profile upon you leaving the firm; we receive a complaint about you from a Client or other User or you become involved in a dispute with a Client or other User, in circumstances where Sunny Avenue considers, in its absolute discretion, that your continued participation in the Service or presence on the Website may cause harm to the business or reputation of (i) the Service, (ii) Sunny Avenue or (iii) Sunny Avenue’s officers or employees; you commit a material breach of the General Terms or these Professional Terms (including, without limitation, failure to make any payment of Subscription Fees or Enquiry Fees when due); (i) you become unable to pay your debts within the meaning of the Insolvency Act 1986, or (ii) a receiver, liquidator, administrator or trustee in bankruptcy is appointed in respect of all or any part of your undertaking or assets, or (iii) you enter into a creditors’ voluntary arrangement or an individual voluntary arrangement, or (iv) any order is made or resolution is passed in connection with the liquidation, administration, bankruptcy or winding up of you or your business.
You are obliged to notify Sunny Avenue immediately in writing upon becoming aware that an Event of Default has occurred.
If Sunny Avenue cancels your subscription as a result of an Event of Default, any Subscription Fees already paid by you in respect of periods following the cancellation date shall be forfeited and shall belong to Sunny Avenue.
By completing the Registration Form, you give Sunny Avenue permission to reference you, your profile, your photo and your client feedback in any material which promotes the Sunny Avenue website.
By completing a Registration Form and using the Service you unconditionally confirm that:
You acknowledge and agree that, without the need for any further consent, Sunny Avenue shall be entitled to contact directly the FCA (and/or any other applicable professional or certifying body), financial institutions, networks and any other body or organization which Sunny Avenue may in its discretion decide, in order to verify your FCA, SRA of accountancy chartered body authorization and any information posted on the Website or otherwise provided by you in connection with the Service, or to verify the validity of any information provided by a User posting feedback about your service. In the case of an individual representative of a financial advice firm we also reserve the right to contact their employer or any previous employer of such representative for the same purpose. You also acknowledge and agree that, without the need for any further consent, Sunny Avenue shall be entitled to inform such bodies and organisations of any suspicions it may have concerning the authenticity of any information provided by you in connection with the Service.
These Terms of use are governed by English law and the English courts have exclusive jurisdiction in respect of these Terms and their subject matter.
If you have any concerns about material that appears on our Website, please see the 'contact us' section on our Website. You can contact us at hello@sunnyavenue.co.uk