These terms
MobiusOS is provided by Mobius Life Limited (Mobius, we, us, our) conditional on your acceptance of the terms and conditions set out below (Terms).
Mobius is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority, with registered office at 2nd Floor, 2 Copthall Avenue, London, EC2R 7DA. Registered No. 03104978.
If you have any queries relating to MobiusOS or require information that is not available on MobiusOS, please contact clientrelations@mobiuslife.co.uk.
Purpose of MobiusOS
MobiusOS is intended exclusively for UK institutional investors who are the trustees of institutional pension schemes, life insurance companies and asset managers, and their professional advisers. Its purpose is to for Mobius to provide or receive information on our and our affiliates’ products and services (Products), and should not be regarded as an offer, invitation or a recommendation to buy or sell any Products. Professional advice should be taken before any investment decision is made. Before making any investment decision, investors and advisers should carefully consider all the risks of any Product.
Passwords and accounts
You must:
- keep your login details and password confidential and secure;
- promptly notify us if you think someone else knows your login details or password, or if there has been any unauthorised access to, or use of, your account; and
- not introduce to MobiusOS any software virus or other malicious or technologically harmful material, or perform any act that would cause MobiusOS to become unavailable for use.
If you represent a third party, such third party must have given you written permission to act on their behalf; and you must notify us immediately if the third party withdraws that permission.
If you are a MobiusOS administrator (or their delegate), you must manage who in your organisation has access to MobiusOS; and immediately notify us if they should no longer have access to MobiusOS for any reason.
If you are a pension scheme trustee, you must promptly notify us if you cease to act as trustee.
Third party sites
Links to third-party websites are provided for convenience. We do not endorse their content. If you click on a link to a third-party website, you will leave MobiusOS and will no longer be subject to these Terms.
Intellectual Property Rights
All information, graphic images, text, layout and materials displayed on MobiusOS are the exclusive property of Mobius, its affiliates and licensors (save for any non-Mobius information or materials which you upload onto MobiusOS). The intellectual property rights in the Mobius name and logo are owned by Mobius and its affiliates. Save for the limited rights of use set out in these Terms, your access to MobiusOS does not grant or transfer to you any intellectual property rights. We reserve the right to enforce any infringements of our intellectual property rights to the fullest extent permitted by the law.
Confidentiality
Content that is made available to you by Mobius on MobiusOS is confidential. You may use and copy that content solely to evaluate and monitor the Products (where you are the trustees of an institutional pension scheme or a life insurance company, that is invested, or is considering investing, in such Products, or any such investor’s professional adviser or administrator), or to provide information in respect of the Products or to receive fund structuring or other services from Mobius or its affiliates (where you are an asset manager), in each case for legitimate business purposes and not for any unlawful purpose.
You will keep that MobiusOS content confidential and will not disclose that content to any person other than:
- to your Connected Parties who need to know such information to evaluate or invest in a Product, provided that you inform them of the confidential nature of the information, and you will be responsible for any breach of these Terms caused by the Connected Parties. Connected Parties means the staff of your employer (and its affiliates) and the staff of any mutual client of your employer (or its affiliates) and of Mobius (or its affiliates); or
- to the extent required by law or regulation or in connection with any legal proceedings.
Data protection
Any personal information collected by us from MobiusOS may be used, disclosed, and transferred in accordance with our or (where personal information is shared with it) Mobius Life Administration Services Limited’s Data privacy policy, which you should read alongside these Terms.
Non-personal information collected by us from MobiusOS may be disclosed and transferred to our affiliates and also in the circumstances applicable to personal data as set out in the above Data privacy policies.
Dealing Instructions
Where MobiusOS is used to instruct any investment, redemption or switching in relation to a Product (Instructions) for or on behalf of a Mobius client (including by a third party adviser to such client), those Instructions will be deemed to have been given under, and will be governed by, the terms of the relevant client’s policy (Policy), as supplemented by these Terms.
As such, the Policy terms will govern (without limitation) the persons that are authorised to give such Instructions, our right to decline to act on such Instructions, and our liability for any delays arising from any errors or omissions in the Instructions.
Uploading content
You must ensure that any content you upload onto MobiusOS is accurate, does not infringe any copyright, database right, trade mark or other intellectual property rights of any other person, does not breach any other legal duty owed to a third party, such as a contractual duty or a duty of confidence, does not contain illegal content or promote any illegal content or activity, and is not defamatory of any person, obscene, offensive, hateful or inflammatory.
Monitoring of calls
Any calls to us may be recorded or monitored for security, and to help us develop our service.
Our liability
To the maximum extent permitted by law:
- MobiusOS (and its contents) is provided to you on a non-reliance, ‘as is’ and ‘as available’ basis. As such we and our affiliates do not provide any representations or warranties that (i) MobiusOS will meet your specific requirements, (ii) access to MobiusOS will be uninterrupted, timely, secure, or error free, (iii) the information displayed on MobiusOS is complete, accurate or up to date, (iv) the quality of any products, services, information, or other material obtained by you through MobiusOS will meet your expectations or (v) MobiusOS, or any information that has been downloaded from it, will be free from viruses or defects or compatible with your computer; and
- we and our affiliates do not assume any liability for any loss or damage (direct or indirect), caused by your use of, or inability to use, MobiusOS including any delay, mis-delivery or error in transmission of any Instructions or any documents or information provided by you (whether as a result of computer viruses, hacking, cyberattacks or otherwise), theft, loss or hacking of login details or passwords, or the failure to ask us to deactivate any user access.
The above applies even if we, our affiliates, directors or employees have been advised of the possibility of such loss or damage, or could have foreseen them.
Your sole remedy for dissatisfaction with your use of MobiusOS is to cease using it.
Indemnity
You will indemnify Mobius and its affiliates for all loss (including legal fees) that we suffer arising out of any breach by you of these Terms or your use of MobiusOS, save to the extent such loss is caused by our fraud or wilful default.
Changes, suspension and termination
We may, at our sole discretion and for any reason, at any time suspend or withdraw access to, or amend, any content in MobiusOS, or terminate these Terms in which case you will no longer be able to access MobiusOS.
We may at any time, and at our sole discretion, change these Terms and will notify you by email in the event of a material change.
General terms
The failure by Mobius or its affiliates to enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right.
If one or more sections of these Terms are held unenforceable, then those sections will be removed or edited as little as necessary, and the rest of the Terms will still be valid and enforceable.
These Terms embody the entire understanding and agreement between you and us with respect to its subject matter and supersedes all prior understandings and agreements relating thereto, provided that if you are a policyholder under a Policy, in the event of any conflict or inconsistency between these Terms and the terms of your Policy, the latter will have priority. Further, these Terms are not intended to, and shall not have the effect of, amending the terms of any agreement that you may have entered into with Mobius Life Administration Services Limited or any other of our affiliates for the provision of fund structuring or other services.
Any affiliate of Mobius (including, without limitation, Mobius Life Administration Services Limited) may rely on and enforce any term of these Terms which is expressed to confer rights or protections on it, under the Contracts (Rights of Third Parties) Act 1999. The consent of any such affiliate is not required to amend these Terms.
You may not assign any of your rights under these terms and conditions to anyone else. We may assign our rights to any other party at our discretion.
Law and jurisdiction
These Terms are governed by and construed in accordance with the laws of England and Wales. Any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.
