FundPortal - Users Terms for Web Service
You will be deemed to have accepted the terms of this agreement with Edgefolio where you use your User Login to access the Web Service.
Edgefolio may amend the terms of this agreement by giving you written notice of the amended terms and the date on which they are to take effect (the "Amendment Date"). This notice will only be valid if Edgefolio sends the notice to the current email address associated with your User Login no less than 7 days before the Amendment Date. You will be deemed to have accepted the amended terms if you use your User Login to access the Web Service after the Amendment Date.
In this agreement, the following words have the following meanings:
"Edgefolio" means company incorporated in England and Wales under company number 09721556.
"Fund Manager" means the fund manager who, under the terms of its agreement with Edgefolio, has invited you to obtain a User Login.
"User Login" means the login issued to you for read-only use of the Web Service.
"Web Service" means the web service known as FundPortal which is hosted at fundportal.io and is operated by Edgefolio.
In return for the information provided by you as part of your registration for your User Login, Edgefolio shall use reasonable efforts to keep the Web Service available for online use by you at all times.
Upon becoming aware of any interruption to the availability or functionality of the Web Service, Edgefolio shall use reasonable efforts to restore the availability and functionality.
You shall only use the Web Service in the manner permitted by its ordinary operation when accessed with your User Login. In connection with this use, you may access the fund data of the Fund Manager.
You shall not:
- use the Web Service for any purpose other than accessing the fund data of the Fund Manager in the ordinary course of business;
- download or copy any data from the Web Service other than by ordinary use of the tools provided by the Web Service for this purpose;
- distribute to third parties any of the data available from the Web Service;
- provide any third party with access to the Web Service;
- attempt to disrupt the Web Service, or the computer systems used to make the Web Service available;
- attempt to access the computer systems used to make the Web Service available, other than as part of your permitted use of the Web Service
You acknowledge that the Morningstar benchmark data on the Web Service is subject to the additional terms and disclaimers in Schedule 1.
No investment advice
You acknowledge that the Web Service provides information, not investment advice.
You acknowledge that the information contained in the Web Service does not provide a sufficient basis for making a fully informed decision.
You acknowledge the following:
- investment involves a significant risk of loss as well as gains.
- past performance is not indicative of future results.
- returns may increase or decrease as a result of currency fluctuations
UK Users Provision
The information on the Web Service is meant for persons who are legally permitted to invest in alternative collective investment schemes, namely those who qualify as Professional Clients and Eligible Counterparties under FCA rules and those who are contained within the persons described in COBS 4.12 of the FCA Handbook.
Nothing on the Web Service is to be construed as an offering or an invitation to make an offer to subscribe for a particular investment.
You acknowledge that the data on the Web Service might not be accurate or complete.
The Web Service might contain links to third party websites and services. You acknowledge that the accuracy, reliability or completeness of the content contained on any third party website is the responsibility of the provider of the third party website. You also acknowledge that you are leaving the Web Service when clicking on these links.
Limitation of Liability
You acknowledge that:
- you are not relying on the Web Service to be available at all times or any particular time;
- you are responsible for maintaining appropriate technical and organisational measures to protect your IT systems against viruses and malware from external sources (including the Web Service).
Nothing in clauses 12.3 and 12.4 applies to any claim for:
- death or personal injury resulting from negligence;
- fraud or fraudulent misrepresentation.
The damages payable by Edgefolio to you in connection with this agreement are limited to an aggregate total of £1,000, irrespective of the number of claims and whether individual claims are for breach of this agreement or a duty of care, or for misrepresentation.
The damages payable by Edgefolio to you in connection with this agreement (including for breach of this agreement or a duty of care, or for misrepresentation) exclude damages or losses arising from:
- investment decisions made by you;
- loss of revenue or profit;
- loss of anticipated savings;
- loss of goodwill or reputation;
- liabilities to third parties;
- your special circumstances (even if those circumstances were known to Edgefolio).
Edgefolio may suspend your User Login where Edgefolio reasonably believes that the Fund Manager is in breach of its agreement with Edgefolio. Edgefolio may continue this suspension until the Fund Manager's breach has been remedied to Edgefolio's reasonable satisfaction.
Edgefolio may terminate this agreement without prior notice where you are in breach of clauses 3.1 or 4.1.
Edgefolio may give written notice to you of the date of termination for this agreement provided that the termination date is 7 days or more after the date of the written notice. This agreement will then terminate at the end of the termination date specified in the written notice.
You may terminate this agreement by giving written notice to Edgefolio.
A notice of termination under clauses 14.2 or 14.3 will only be valid if it has been emailed to email@example.com (for notices to Edgefolio), or to the current email address associated with your User Login (for notices to you).
Consequences of termination
On termination of this agreement, you shall cease to use the Web Service and Edgefolio may terminate your User Login.
Termination does not affect any rights of the parties which have accrued up to the date of termination.
The parties might share with each other certain confidential information.
In respect of any confidential information received from the disclosing party:
- the receiving party shall keep the confidential information secure;
- the receiving party shall not use the confidential information other than for the purposes of this agreement;
- the receiving party shall not disclose the confidential information to any third party other than where this is necessary for the purposes of this agreement and is on terms obliging the third party to maintain confidentiality.
This agreement contains the whole agreement between the parties in respect of the use of the Web Service. It supersedes all prior agreements between them relating to this subject matter.
Any implied term, condition or warranty in respect of the Web Service is excluded from this agreement, but only where the exclusion is permitted by law.
Any assignment of this agreement (including rights or obligations under this agreement) will be void, unless made with the written consent of the other party.
A remedy made available to a party by this agreement does not exclude other remedies, unless the remedy is stated to be a sole remedy.
None of the terms of this agreement are enforceable by any person other than the parties to this agreement.
Law and jurisdiction
The laws of England apply to this agreement.
The courts of England have exclusive jurisdiction to settle any dispute or claim between the parties which arises in connection with this agreement.
Morningstar benchmark data
All Rights Reserved.
The information, data, analyses and opinions ("Information") contained herein: (1) include the confidential information and proprietary information of Morningstar; (2) may not be copied or redistributed; (3) do not constitute investment advice; (4) are provided solely for informational purposes; (5) are not warranted to be complete, accurate or timely; and (6) may be drawn from fund data published on various dates.
Morningstar is not responsible for any trading decisions, damages or other losses related to the Information or its use. Please verify all of the Information before using it and don't make any investment decisions except upon the advice of a professional financial adviser. Past performance is no guarantee of future results. The value and income derived from investments may go down as well as up.