Website Terms and Conditions
2. Please read these Terms and Conditions (together with any documents which may be referred to in them) carefully before you start to use the Website. The terms set out in this Section A apply to all users of the Website. The terms set out in Section B are additional terms applicable to those users who register an account with us and access the Subscribed Services (as defined in clause 16.1 of Section B).
4. By using the Website, you confirm you have understood and accept these Terms and Conditions and agree to comply with them. If you do not agree to these Terms and Conditions, you must not use the Website or access the Subscribed Services.
2. Information about us
1. The Website is operated by FundsLibrary Limited under the trading name FundsLibrary (“FundsLibrary”, “we” or “us”). We are a private limited company registered in England and Wales under company number 02264702. Our registered office and main trading address is at One College Square South, Anchor Road, Bristol BS1 5HL.
3. The Website should not be regarded as an offer or solicitation to conduct investment business, as defined by the Financial Services and Markets Act 2000 (as amended) in any jurisdiction.
3. Changes to these Terms and Conditions
We may revise these Terms and Conditions at any time by posting updated terms and conditions on the Website. Please check this page from time to time to take notice of any changes made, as they are binding on you.
4. Changes to the Website
1. We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.
2. We do not guarantee that our site, or any content on it, will be free from errors or omissions.
5. Accessing the Website
1. The Website is made available to you free of charge.
2. We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
3. You are responsible for making all arrangements necessary for you to have access to the Website.
4. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions (together with any documents which may be referred to in them), and that they comply with them.
5. We do not represent that content available on or through the Website is appropriate or available in locations outside the United Kingdom. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.
6. Acceptable use
1. You may use the Website only for lawful purposes. You may not use the Website:
1) in any way that breaches any applicable local, national or international law or regulation;
2) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
4) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or any computer software or hardware.
2. You also agree:
1) not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these Terms and Conditions; and
2) not to access without authority, interfere with, damage or disrupt:
1) any part of the Website; 2) any equipment or network on which the Website is stored; 3) any software used in the provision of the Website; or 4) any equipment or network or software owned or used by any third party.
7. Intellectual property rights
1. This clause 7 is, in respect of the Subscribed Services, subject to clause 19 of Section B.
2. We are the owner or the licensee of all intellectual property rights in the Website and in the material published on it. Such works are protected by copyright laws and treaties around the world. All such rights are reserved.
3. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
6. You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
7. If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
8. No reliance on information
1. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.
2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.
9. Limitation of our liability
1. Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
3. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
1) use of, or inability to use, the Website; or 2) use of or reliance on any content displayed on the Website.
4. If you are a business user, please note that in particular, we will not be liable for:
1) loss of profits, sales, business or revenue; 2) business interruption; 3) loss of anticipated savings; 4) loss of business opportunity, goodwill or reputation; or 5) any indirect or consequential loss or damage.
5. If you are a consumer user, please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
6. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
7. We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
1. We do not guarantee that the Website (including the Subscribed Services) will be secure or free from bugs or viruses.
2. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.
3. You must not misuse the 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 the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
11. Linking to the Website
1. Subject to clause 21 in Section B below, you may link to the Website home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
3. You must not establish a link to the Website in any website that is not owned by you.
4. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.
5. We reserve the right to withdraw linking permission without notice.
6. If you wish to make any use of content on our site other than that set out above, please contact firstname.lastname@example.org.
12. Third party links and resources in the Website
1. Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
2. We have no control over the contents of those sites or resources.
13. Waiver No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise by us of any right or remedy shall preclude or restrict the further exercise of that or any other right or remedy. 14. Severability If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions. 15. Applicable law
1. If you are a consumer, please note that these Terms and Conditions, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
2. If you are a business, these Terms and Conditions, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
16. Application of Section B
1. In this Section B, unless a contrary intention is expressly stated, the following definitions shall apply:
“Data” means all information and documents made available to you:
(i) by accessing the Database; and (ii) in email or telephone correspondence with us.
“Database” means the collection of Data forming FundsLibrary’s central database which is made available to you, via the Software, by registering with us in accordance with clause 17 and accessing the ‘Fund Central’ or ‘Fund Comparison’ pages of the Website. “Data Supplier” means a third party contributor of data to the Database. “Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights, trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, semi-conductor topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world. “Software” means the software, developed by FundsLibrary, through which you are able to access the Database. “Subscribed Services” means, together, the Data, Database and Software.
2. The additional terms in this Section B apply to users who register an account with us and access the Subscribed Services.
1. In order to access the Subscribed Services you must first register using such specific username and password chosen by you. Only individuals may register to use the Database and access the Data.
2. Those parts of the Website which can only be accessed by registering with us and signing in are solely for the use of individuals and firms within the United Kingdom who are regulated by the Financial Conduct Authority. It is not for use by private investors.
3. You must treat your username and password as confidential and must not disclose it to any third party.
4. FundsLibrary has the right to disable any username or password, at any time, if in its reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
18. User licence
1. Subject to clauses 18.2 and 18.3 and your compliance with these Terms and Conditions, FundsLibrary grants to you a non-exclusive, non-transferable, revocable licence (the “Licence”) to access, store and/or use the Subscribed Services.
2. You must not:
1) save with our prior written consent, use the Subscribed Services for any purpose other than for business purposes; 2) make any of the Subscribed Services accessible (including the provision of access through a database, website, spreadsheet or other application populated with the Data, re-selling, sub-licensing, transferring or disclosing the Data) to any third party by any means, including any electronic means; 3) use the Subscribed Services for any purpose contrary to any law or regulation or any regulatory code, guidance or request; 4) redistribute, extract, reutilise, use, exploit, copy or store the Data for any purpose not expressly permitted by these Terms and Conditions; 5) make any copies of any of the Data (whether in printed form, magnetic or any other media and whether permitted or not by these Terms and Conditions) without proper attribution to FundsLibrary or any relevant Data Supplier, or without including either FundsLibrary’s or the Data Supplier’s copyright notice (as applicable). In the case of FundsLibrary, the copyright notice to be included is “© 2019 FundsLibrary All Rights Reserved”; 6) store any of the Data on a file server for multiple use; 7) share access to the Subscribed Services through your account; 8) except to the extent permitted by any applicable law, copy, decompile, reverse engineer or create derivative works from the Subscribed Services; or 9) do anything which may damage the reputation of FundsLibrary, the Data or the Subscribed Services.
(3) You are permitted to redistribute, extract and make copies of limited excerpts of the Data on a non-systematic basis either for:
1) your internal business purposes; or 2)the benefit or your specific clients, being either individual clients or a limited number of your clients of a specific class.
4. In utilising the Licence you acknowledge that:
1) the use and interpretation of the Data requires specialist skill and knowledge of financial products and markets; 2) you have that skill and knowledge and undertake that you will exercise that skill and knowledge and appropriate judgment when using the Data; 3) you will be solely responsible for any opinions, recommendations, forecasts or other conclusions made or actions taken by you or your associates based (wholly or in part) on the Data; 4) you are in the best position to ascertain any likely loss you may suffer in connection with the use of the Subscribed Services, that you are therefore responsible for making appropriate insurance arrangements to address the risk of any such loss and that the provisions of this clause 17 are reasonable in these circumstances; and 5) you are aware that use of the Data, whether by accessing, utilising, storing or otherwise dealing with the same, may from time to time be subject to certain statutory or other external regulations, conditions and restrictions. You undertake to comply with such regulations, conditions or restrictions applicable to any relevant territory. In particular, the Data contains information relating to a variety of investment funds and trusts which in turn are located in various different jurisdictions. The Subscribed Services may therefore be subject to the laws and regulations of different jurisdictions. None of the Data published or made available as part of the Subscribed Services is intended to be so published or made available in any jurisdiction where to do so would result in a breach of any applicable law or regulation. It is your responsibility to;
1) ensure that your use of the Subscribed Services and the related information does not contravene any relevant laws or regulations; 2) keep yourself informed and aware of such laws and regulations; 3) obtain any necessary consents or qualifications required in order to perform your business and use the Subscribed Services; and 4) inform FundsLibrary immediately of any change in circumstances which do or may affect your ability to comply with your obligations in this or any other agreement with FundsLibrary.
5. You agree to indemnify FundsLibrary against any claims, losses, damages, costs (including all legal fees) and expenses incurred by or awarded against it or any Data Supplier arising out of or in connection with:
1) your access to or use, in any way, of the Subscribed Services otherwise than in accordance with these Terms and Conditions; 2) any data or information you produce or any opinions, recommendations, forecasts or other conclusions you or any of your associates make or give based (wholly or in part) on the Data; or 3) any breach by you of these Terms and Conditions.
19. Intellectual Property Rights
1. In utilising the Licence and accessing the Subscribed Services, you acknowledge that:
1) all Intellectual Property Rights in the Data, the Database and/or the Software are the property of FundsLibrary or the relevant Data Supplier, as the case may be; 2) you shall have no rights in or to the Data, the Database or the Software other than the right to use them in accordance with the express terms of these Terms and Conditions; and 3) FundsLibrary has or have made and will continue to make substantial investment in the obtaining, verification, selection, coordination, development, presentation and supply of the Data, the Database and the Software.
2. You assign to FundsLibrary (or, where applicable, the relevant Data Supplier), and shall assign to it, with full title guarantee all Intellectual Property Rights in any development of the Data, the Database and the Software, by way of future assignment.
3. You shall, and shall use all reasonable endeavours to procure that any necessary third party shall promptly execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to this clause.
4. The Intellectual Property Rights assigned to us (or, where applicable, the relevant Data Supplier) under clause 19.2 shall be deemed to be included in the Licence from the date when such rights arise.
5. You shall co-operate with us to protect the goodwill and reputation of the Subscribed Services and, without limitation, shall comply with clause 18.2.9.
6. You acknowledge that reference in any element of the Data, the Database or the Software to trade names or proprietary products where no specific acknowledgement of such names or products is made does not imply that such names or products may be regarded by you as free for general use or outside the scope of the Licence set out in clause 18.
7. FundsLibrary does not give, nor shall anything in these Terms and Conditions constitute, any representation or warranty that in utilising the Subscribed Services pursuant to the Licence you will not infringe the Intellectual Property Rights of any person.
1. Except as expressly stated in these Terms and Conditions, all warranties, conditions and terms, whether express or implied by statute, common law or otherwise are hereby excluded to the extent permitted by law.
2. We do not warrant that:
1) the supply of the Data or use of the Database or Software will be free from interruption; 2) the Data, the Database and/or the Software will be accessible from your Services and/or will run on your computer system; 3) the Data is accurate, complete, reliable, secure, useful, fit for purpose or timely; or 4) the Data has been tested for use by you or any third party or that the Data will be suitable for or be capable of being used by you or any third party.
21. Linking to the Subscribed Services Save with our prior written consent, you shall not, and shall ensure that no other person shall, permit the Subscribed Services to be linked to or communicate in any manner or be used in connection with any other database, time sharing or other system, computer bureau, data or telecommunication service or any other service or word processing system or information distribution network, whereby the information, material or data obtained from the Subscribed Services are being or may be accessed, used, stored or redistributed as the case may be, by or through such other equipment.
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