The legal stuff
- 1. What do these terms and conditions apply to?
- 2. How you access the ANNA platform
- 3. Fees and charges
- 4. Security
- 5. When we can restrict access to the ANNA platform
- 6. Our liability
- 7. Changing these terms
- 8. Contacting one another
- 9. Ending this agreement
- 10. Intellectual property
- 11. Complaints
- 12. How we use your personal information
- 13. General
- a1. Appendix 1 – Prohibited Activity
- a2. Appendix 2 – Prohibited Purpose
Table of contents
1. What do these terms and conditions apply to?
- 1.1 The ANNA Platform gives you:
- information and other administrative support tools and services provided by us and customer care in relation to the Linked Services defined below, ANNA; and-
- access to services provided by third parties through the ANNA Platform (referred to in this agreement as the 'Linked Services').
- 1.2 These terms and conditions apply to the services we provide to customers who have registered with us but they do not apply to the Linked Services. These are covered by separate terms and conditions which you will need to agree to when you sign up for the Linked Services. In the event of any conflict with the terms for Linked Services, these terms shall govern your use of the ANNA Platform.
- 1.3 By registering and each time you use the ANNA Platform, you agree to these terms and conditions.
- 1.4 In these terms and conditions:
- 'we' means ANNA (a trading name of Absolutely No Nonsense Admin Ltd. Registered Office: Capital Tower Business Centre, Capital Tower, Greyfriars Road, Cardiff, CF10 3AG, United Kingdom. Registered in England and Wales No. 10149389); and
- 'you' means the individual sole trader, partnership or other legal entity (limited company or unincorporated association) that has registered with us.
If you are a partnership, sole trader or other legal entity, each individual who is authorised by you to use the ANNA Platform must register as a separate user in the registration process. 'You' in these terms and conditions will include those authorised individuals, where relevant, and you are responsible and liable for any access, use or misuse of the ANNA Platform by those individuals.
2. How you access the ANNA platform
- 2.1 When you register your mobile device with ANNA, you (or each authorised user) will choose a security code and provide other security details which must be entered to log on to the ANNA Platform. You must keep these secret because, as long as the mobile device and associated security code has been used, we will assume that you are the person using the ANNA Platform. We may carry out additional checks if we think it is necessary.
- 2.2 You must tell us as soon as possible if your mobile device has been lost or stolen or you think someone else knows your security details or can use ANNA by impersonating you. Until you tell us:
- you will be responsible for any instruction which we receive and act on, even if it was not given by you; and
- we will not be responsible for any unauthorised access to confidential information about you on the ANNA Platform.
- 2.3 By using the ANNA Platform, you agree that you will not use any functions of the ANNA Platform for any Prohibited Activity (as defined in Appendix 1 to this agreement) or any Prohibited Purpose (as defined in Appendix 2 to this agreement).
3. Fees and charges
Use of the ANNA Platform is subject to our fees and charges which can be found in the fee schedule on the ANNA website and in the ANNA app. We will provide you with at least 60 calendar days advanced notice of any changes to our fees and charges in accordance with clause 7 of this agreement.
- 4.1 We may use software and other technology to detect viruses or malicious software on the computer or device you use to access the ANNA Platform. If you are using a mobile device, we may also use software and other technology to determine whether your device has been altered through 'jailbreaking' or 'rooting'. If we determine that your device has been altered through 'jailbreaking' or 'rooting', or if we detect viruses or malicious software, we may suspend, restrict or block access to the ANNA Platform from that device.
5. When we can restrict access to the ANNA platform
- 5.1 We may suspend, restrict or stop your use of the ANNA Platform at any time without advance warning if we reasonably think this is necessary because, for example:
- we discover you have knowingly given us false information;
- the security of the ANNA Platform is at risk;
- we suspect unauthorised or fraudulent use of the ANNA Platform;
- a device is used that we do not recognise or is used in an unusual way;
- we have to comply with any legal or regulatory requirement;
- any event under clause 6.1 below;
- you have not accessed the ANNA Platform for six months or more;
- you have breached this agreement, including but not limited to using the ANNA Platform for any Prohibited Activity or Prohibited Purpose; or
- you fail to satisfy the compliance criteria of any of our third party providers.
- 5.2 If we suspend, restrict or stop your use of the ANNA Platform, you will not be able to use the Linked Services until access to the ANNA Platform is restored.
- 5.3 Where possible we will contact you before suspending, restricting or blocking your access to tell you that we are doing so and why. We may do this by displaying a message the next time you try to log on or perform an action on the ANNA Platform. However, we may not always be able to contact you, for example because of legal or regulatory restrictions.
6. Our liability
- 6.1 You can usually use the ANNA Platform at all times but we won’t be liable if you suffer any losses if it is unavailable because of:
- scheduled and emergency repairs, updates, or maintenance;
- the failure of data processing systems; or
- events, circumstances or causes beyond our reasonable control.
- 6.2 The tools and other services we provide on the platform are to help with the management of your business. You should not rely on calculations, forecasts or other information generated by our tools. These should be independently checked and verified by you.
- 6.3 We will not be liable if you cannot use any Linked Services at any time or if any third party breaks their agreement with you.
- 6.4 We will do all that we reasonably can to prevent unauthorised access to the ANNA Platform and we will accept liability for any loss or damage resulting directly from any unauthorised access to the ANNA Platform but excluding any loss of profits, loss of business, indirect or consequential loss (whether or not such losses were foreseeable) so long as you can show that you kept your mobile device safe, it was not subject to 'jailbreaking' or 'rooting', and you did not disclose your security details or fail to keep them secret.
- 6.5 Notwithstanding any term of this agreement but without prejudice to clause 6.6 below, our total liability to you under this agreement shall not exceed the total fees received from you.
- 6.6 Nothing in this agreement will limit our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded by applicable law.
7. Changing these terms
- 7.1 We may ask you to agree to changes to these terms and conditions or to the services we provide, for example software updates or improvements in functionality, on the ANNA Platform through the ANNA website or ANNA app.
- 7.2 We can also change any of these terms and conditions, including introducing or changing charges, provided we give you at least 60 calendar days notice in advance. The new terms will apply automatically at the end of the notice period, but if you do not want to agree to the change, you can stop using the ANNA Platform.
8. Contacting one another
- 8.1 If we need to contact you about your ANNA Platform, we will normally do so through your ANNA Platform secure inbox. You should therefore log on to the ANNA Platform secure inbox regularly so you don’t miss important communications from us, for example, in relation to any changes we need to make. We recommend that you log in at least once a week.
- 8.2 We may also communicate with you by email, SMS, post, telephone or through the app.
- 8.3 You must tell us if your contact details change. If you don’t tell us, we won’t be responsible if we can’t contact you or we use out of date contact details to send you information.
- 8.4 You can contact us by sending an instant message on the ANNA Platform secure inbox.
9. Ending this agreement
- 9.1 You may end your use of the ANNA Platform at any time by messaging Customer Services through the ANNA Platform secure inbox.
- 9.2 We can end this agreement by giving you at least 5 calendar days notice in advance, via the ANNA Platform secure inbox.
- 9.3 If you have a query regarding your use of the ANNA Platform, you can send us an instant message via the ANNA Platform secure inbox.
10. Intellectual property
- 10.1 ANNA and any third party software providers own all intellectual property rights relating to the ANNA Platform. ANNA grants you a limited right to use the ANNA Platform on the terms of this agreement.
- 10.2 ANNA uses licensed third party software (Licensed Technology) to operate the ANNA Platform. Licensed Technology remains the property of the relevant licensor and ANNA does not grant you any sub license to use Licensed Technology except to operate your account via the ANNA Platform.
- 10.3 Except as permitted in this agreement, you may not use, copy, reproduce, incorporate, distribute, sublicense, adapt, enhance, modify, decompile, reverse engineer, display, or provide the ANNA technology or any Licensed Technology to any other person.
- 11.1 If you have a complaint, please contact Customer Services through the ANNA Platform secure inbox.
- 11.2 All complaints will be subject to our complaints procedure, which we can provide to you upon request. You should note that we aim to resolve all complaints within 15 business days from the date on which you contact us. In exceptional circumstances, where we are unable to resolve your complaint within 15 business days, we will resolve your complaint within 35 business days.
12. How we use your personal information
- 12.1 You may provide us with information about you from time to time in connection with your use of the ANNA Platform. Some information will be necessary for us to provide you with the ANNA Platform. You must update any changes to your information via the ANNA Platform secure inbox.
- 12.2 Except as required by law, or in accordance with this agreement, your information will not be passed to anyone without your permission. We can at any time request evidence of identity from you.
- 12.3 We may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and throughout your use of the ANNA Platform to verify your identity and who will add details to your record of our request for a search.
- 12.4 This may involve providing your information to our partners, affiliates, agents, distributors, suppliers. We may also disclose your information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
- 12.5 You agree that we can use your information in connection with your use of the ANNA Platform and to enable us to review, develop and improve our products and services.
- 12.6 If you have agreed, we or third parties may also contact you about services that are of interest to you.
- 12.7 You may contact us at any time to request us to stop such use or further disclosure to other companies for such use.
- 12.8 You have a right to inspect the information we hold about you however, we will ask you to pay an inspection fee of £10 to cover our costs. For further information please contact us via the ANNA Platform secure inbox.
- 12.9 We are the data controller of your personal data and will always process your personal data in accordance with the Data Protection Act 1998.
- 12.10 We will:
- implement appropriate technical and organisational measures to protect any of your personal data against unauthorised or unlawful processing and accidental loss or damage;
- only transfer your personal data to countries outside the European Economic Area that ensure an adequate level of protection for the rights of the data subject after written authorisation by your which may be granted subject to such conditions as you deem necessary;
- take all reasonable steps to ensure that your information is kept secure against unauthorised access, loss, disclosure or destruction.
- take reasonable precautions to preserve the integrity of any data which we process and to prevent any corruption or loss of such data;
- make a backup copy of such data every week and record the copy on media from which the data can be reloaded if there is any corruption or loss of the data; and
- in such event and if attributable to any default by us, promptly restore the data at our own expense or, at your option, promptly reimburse you for any reasonable expenses you incur in having the data restored by a third party.
You hereby irrevocably consent to transfer of your personal data in any of the circumstances described in clause 13 below.
- 13.1 You will not assign or transfer any of your rights and benefits under this agreement. We may at any time assign, transfer or subcontract any or all of our rights and benefits under this agreement without prior written notice to you.
- 13.2 We may assign transfer or subcontract any or all of our obligations herein to any group company, affiliate or selected third party: (a) by giving 60 calendar days prior notice in writing or (b) at any time (with or without notice) to comply with any law or regulation or (c) on valid request by a Linked Service provider.
- 13.3 Even if we delay or fail to exercise any right or remedy under this agreement, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this agreement that will not mean that you do not have to do those things nor will it prevent us taking steps against you at a later date.
- 13.4 If any provision of this agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.
- 13.5 All the information we give you and all communications between you and us will be in English.
- 13.6 This agreement, and any dispute or claim (including non-‐contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, will be governed by, and construed in accordance with, the law of England and Wales.
- 13.7 We both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim (including non-‐ contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
- 13.8 No third party who is not a party to this agreement has a right to enforce any of its terms.
By entering into this agreement, I confirm that I am using the ANNA Platform for the purposes of a business carried on by me or intended to be carried on by me, and I undertake to use the ANNA Platform accordingly.
a1. Appendix 1 – Prohibited Activity
Each of the following is a Prohibited Activity
- Any illegal or unlawful purpose.
- Financing terrorism
- Tax evasion
- Tax avoidance
- Money laundering
- Involvement in fraud or criminal activities
- Involvement with politically exposed persons or political parties
- Management of assets (including of third parties), through collective investment schemes, retail FX businesses, Quasi Cash or cryptocurrency
- Involvement in the manufacture or trading of weapons and nuclear materials.
- Adult Entertainment
- Financial Services
- Dealing in precious metals and precious stones
- Individuals acting in a consumer capacity and not acting as Non-Limited Organisations.
a2. Appendix 2 – Prohibited Purpose
Each of the following is a Prohibited Purpose
- Involvement in any Prohibited Activity
- Involvement in any illegal or unlawful activity.