TERMS OF WEBSITE USE
1. INFORMATION ABOUT US
FE Analytics (“FE Analytics”) is a website owned and operated by FE fundinfo (UK) Limited (“we”, “our”, “us” and derivatives, “FE fundinfo”). We are registered in England and Wales under company number 02405213 and have our registered office at 3rd Floor, Hollywood House, Church Street East, Woking, GU21 6HJ. Our VAT number is 787420502.
FE fundinfo is an Appointed Representative of FE fundinfo (UK) Investments Limited, which is a separate and distinct limited liability company registered in England and Wales under company number 03110696, which is authorised and regulated by the Financial Conduct Authority under firm reference number 209967.
Our e-mail address is: [email protected].
2. INFORMATION ON FE ANALYTICS
FE Analytics contains information about many different investment funds and trusts, managed and registered in many different locations around the world, governed by various laws and regulations. In particular, certain funds can be marketed only in certain jurisdictions. Such information is not intended to be published nor made available to any person, nor to constitute any offer, invitation or solicitation to buy or sell securities or any other products, services or investments in any of the funds referred to in any jurisdiction, where doing so would result in contravention of any applicable laws or regulations.
We do not provide, nor intend to provide, investment advice nor any personal recommendations on FE Analytics.
3. ACCESS AND USE
You warrant and undertake that:
- you will observe all applicable laws and regulations of any relevant jurisdiction;
- you will not use any information on FE Analytics in any way that has any unlawful or fraudulent purpose or effect;
- you will not make excessively heavy or constant usage of FE Analytics in a way that affects other FE Analytics users;
- you will not undertake any activities which breach FE fundinfo’s copyright or intellectual property rights in respect of FE Analytics or its data contents;
- you will not undertake any activities which breach any third party’s copyright or intellectual property rights in respect of the service of its data contents;
- your use of any information on FE Analytics and the making of any investment as a result of such use does not contravene any applicable laws or regulations of any relevant jurisdiction;
- you will not reproduce any third party data contained on FE Analytics without consent;
- you will not transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware adversely or which is known to interrupt, damage, destroy or limit the functionality of any part of the service;
- you will not copy, sell, license, distribute, transmit or duplicate to any third party or to any person within your organisation without the express written consent of FE fundinfo;
- you will not allow the website or any portion of it to be exploited for any commercial purpose without the express written consent of FE fundinfo
- you will not create a database by systematically downloading or storing any data from FE fundinfo;
- you will not systematically copy substantial parts of the website;
- you must keep your log-in details strictly confidential and secure. This will require you, among other things, to log-out during any period of inactivity and to change your password if any authorised users leave your employment. For security purposes we require you to change your password from time to time to be able to continue to use FE Analytics.
- you will not permit your log in to be used or shared by any third person;
- you will not remove, change or obscure in any way anything on the website or otherwise use any information contained on the website, except as set out in these Terms.
It is your responsibility to ensure your computer or mobile device meets all the necessary technical specifications to enable use of the website.
We will not be liable if for any reason FE Analytics is unavailable at any time or for any period.
4. THIRD PARTY DATA
Certain data contained within FE Analytics is produced by third party providers and is their intellectual property. FE fundinfo is not the owner of this intellectual property and any use of this data once extracted from FE Analytics may require you to obtain a licence with one or more third party providers.
To the extent that you use any third party data, you acknowledge that we may be required to pass usage statistics (at a company level only), to the relevant third party data provider, upon their request, and that your use of the third party data permits this.
To the extent that you redistribute any third party data to clients, you must obtain the appropriate licence from the third party provider and you acknowledge that FE fundinfo may require direct authorisation from third party data providers in order to allow us to provide you with the third party data. You are responsible for any and all costs associated with agreements entered into with such a third party data provider.
We are, from time to time, required to provide our client contact details to our third party data providers to the extent that they need such details in order to enable them to put the necessary agreements in place with you.
You are allowed to use third party data within FE Analytics subject to the following terms:
- you are allowed to use third party data only for your own internal business purposes (if you are a business subscriber) or your own individual purposes (if you are an individual subscriber);
- you are not allowed to use or deal with any third party data in a way which might require a separate licence from a third party provider without obtaining such a licence;
- you are not allowed to use or distribute, or cause to be used or distributed, any third party data to, or on behalf of, or for the benefit of, anyone else;
- you may not remove any copyright or other proprietary notices incorporated into the third party data; and
If a third party data provider ceases to provide their data to us, or requires us to suspend or terminate the provision of all or part of its services to you, or if we terminate our agreements with the third party data provider, then FE fundinfo may suspend or terminate that part of its service immediately, without prior notice or further obligation to you.
5. INTELLECTUAL PROPERTY RIGHTS
We are the owner or licensee of all intellectual property rights in FE Analytics and in the information and material published on it, with the exception of third party data (together, “material”). The material is protected by copyright laws and treaties around the world. All such rights are reserved.
“FE fundinfo Better Connected. Better Informed.” is a European Community trade mark owned by FE fundinfo Limited (“FE(H)L”) under trade mark number 009778101. FE fundinfo is a wholly-owned subsidiary of FE(H)L and is licensed to use its trade mark. You must not make use of this or any other trade marks, trade names, logos or graphics without our prior written consent.
6. LINKS FROM ANALYTICS
Where FE Analytics contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as an endorsement by us of those linked websites or any material displayed on them and should not be regarded as a communication or invitation to visit a particular website. We have no control over the contents of those websites or resources, and accept no responsibility for them nor for any loss or damage that may arise from your use of them.
7. NO RELIANCE ON INFORMATION
WHILE REASONABLE CARE IS TAKEN TO ENSURE THE ACCURACY OF THE INFORMATION AND MATERIAL ON FE ANALYTICS AT THE DATE OF PUBLICATION, WE CANNOT IN ANY WAY WARRANT THE SECURITY OF FE ANALYTICS OR THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY INFORMATION AND MATERIAL PUBLISHED ON IT, NOR ITS FITNESS FOR THE PURPOSES THAT YOU INTEND TO USE IT. SOME OF THE INFORMATION PROVIDED TO FE FUNDINFO IS FROM INDEPENDENT THIRD PARTIES WHOM FE FUNDINFO DOES NOT CONTROL. AS A RESULT, YOUR USE OF FE ANALYTICS IS AT YOUR SOLE RISK AND WE CANNOT ACCEPT ANY LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU ARISING FROM YOUR USE OF SUCH INFORMATION OR MATERIAL. YOU ARE ADVISED TO ALWAYS TAKE ADEQUATE STEPS TO VERIFY THE ACCURACY AND COMPLETENESS OF ANY SUCH INFORMATION AND MATERIAL AND WE THEREFORE RECOMMEND THAT YOU ADVISE YOUR INTENDED RECIPIENTS OF THE SAME.
INFORMATION PROVIDED ON FE ANALYTICS IS NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED IN MAKING ANY INVESTMENT DECISION OR TRANSACTION OF ANY KIND. WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH INFORMATION BY ANY USER OR RECIPIENT (AUTHORISED OR OTHERWISE) OF MATERIAL ON FE ANALYTICS, AND STRONGLY RECOMMEND THAT YOU SHOULD OBTAIN INDEPENDENT PROFESSIONAL ADVICE FROM A SUITABLY QUALIFIED SPECIALIST BEFORE TAKING, OR REFRAINING FROM, ANY ACTION BASED ON ANY SUCH INFORMATION PROVIDED.
Applications to invest in any fund referred to on FE Analytics must be made only on the basis of the offer document relating to the specific investment (e.g. prospectus, investment memorandum or other applicable terms and conditions). All users should consult an appropriate professional adviser as to whether they require any governmental, regulatory or other consents or need to observe any formalities to enable them to invest in any particular fund. If you are unsure about the meaning of any of the information contained within FE Analytics, please consult your financial or other professional adviser.
Statement of Risk
You should be aware of the risks associated with equity investment. Please remember that past performance is not necessarily a guide to the future. Market and currency movements may cause the value of investments and the income from them to fall as well as rise and you may get back less than you invested when you decide to sell your investments. Smaller markets can be more volatile than developed stock markets and may carry more risk. Independent financial advice should be taken before entering into any financial transaction.
8. EXCLUSION OF OUR LIABILITY
THIS CLAUSE EXCLUDES OR LIMITS OUR LIABILITY TO YOU. YOU SHOULD READ IT CAREFULLY.
To the extent permitted by law, we, our affiliates, officers, directors, agents, representatives, and Data Providers, hereby expressly exclude:
all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity or which might otherwise apply to us (whether express or implied);
any liability, contingent or otherwise, for any loss or damage whatsoever (including direct, indirect, incidental, special, consequential, exemplary or punitive damages) incurred by any user in connection with the use of, reliance on, or inability to use, FE Analytics, any materials displayed on it from time to time, results derived from it or any websites linked to it. Please note in particular that we will NOT be liable for any loss of income or revenue; loss of business or sales; loss of profits or contracts; business interruption; loss of anticipated savings; loss of data; loss of opportunity, goodwill or reputation; or wasted management or office time;
any liability resulting from data sharing;
any liability for third party illegitimate and illegal trading operations or “boiler rooms”;
whether caused by or arising in tort (including negligence or negligence misstatement), breach of contract, breach of statutory duty, or otherwise, even if foreseeable, provided that this condition shall not prevent claims for losses that are not excluded by any of the categories set out above.
We make no guarantee that FE Analytics will be secure or free from viruses and exclude all liability for any loss or damage caused by a virus or other technologically harmful or deleterious material that may infect your computer equipment, programs, data or other material due to your use of FE Analytics or any website linked to it. We therefore recommend that you operate your own up-to-date anti-virus software when using FE Analytics.
Nothing in this clause 8 will be construed as attempting to limit our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. In particular, we do not exclude or limit our liability to you under the Financial Services and Markets Act 2000 or the rules of the Financial Conduct Authority.
9. PERSONAL INFORMATION AND PRIVACY
Please review these polices to understand the controls in place to protect the privacy and security of your information.
FE fundinfo's Data Protection Policy
10. AVAILABILITY AND UPDATING OF THE WEBSITE
We may suspend the operation of the website at any time, without notice. We do not warrant that access to or use of the Site or any sites or pages linked to it will be uninterrupted or error free.
We may change the format and content of the website at our sole discretion and without notice.
11. JURISDICTION AND APPLICABLE LAW
The English courts shall have exclusive jurisdiction over any claim arising from, or related to, a visit to FE Analytics.
12. AVAILABILITY AND UPDATING OF THE WEBSITE