TERMS OF WEBSITE USE
1 INFORMATION ABOUT US
1.1 FE Trustnet is a website owned and operated by Trustnet Limited (“we”, “our”, “us” and derivatives) (“Trustnet”). We are registered in England and Wales under company number 03110696 and have our registered office at 3rd Floor, Hollywood House, Church Street East, Woking, GU21 6HJ. Our VAT number is 787420502. Our e-mail address is: firstname.lastname@example.org.
1.2 We are a completely independent and privately owned UK limited company regulated by the Financial Conduct Authority. Our firm’s reference number is 209967 and the scope of our authorisation can be viewed at www.fca.org.uk. All information is intended to be entirely factual and unbiased. We are funded by the investment management companies who manage the funds and trusts covered within Trustnet as well as by some third party advertisers. All funds and trusts, even if they do not subscribe to the service, are included in the performance tables. Subscribing funds are in no way promoted by us and there is no further arrangement, or business beneficial to us, resulting from their sponsorship.
2 INFORMATION ON TRUSTNET
2.1 Trustnet 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 an 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.
2.2 We do not provide, nor intend to provide, investment advice nor any recommendations on Trustnet.
3 ACCESS AND USE
3.2 We will not be liable if for any reason Trustnet is unavailable at any time or for any period.
3.3 You warrant and undertake that:
- you will observe all applicable laws and regulations of any relevant jurisdiction;
- you will not use any information on Trustnet in any way that has any unlawful or fraudulent purpose or effect;
- your use of any information on Trustnet 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 or distribute any third party content contained on Trustnet without our prior written consent; and
- 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.
4 INTELLECTUAL PROPERTY RIGHTS
4.1 We are the owner or licensee of all intellectual property rights in Trustnet, and in the material published on it (together, “content”). The content is protected by copyright laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from Trustnet for your personal reference and you may draw the attention of others to material posted on Trustnet. 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, audio, video or graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors and compilers of content on Trustnet must always be acknowledged.
4.4 YOU HEREBY AGREE TO INDEMNIFY TRUSTNET AND HOLD IT HARMLESS AGAINST ANY LOSS OR DAMAGE ARISING FROM A BREACH OF THIS CLAUSE 4 AND FOR ANY LOSSES SUFFERED BY TRUSTNET IF ITS CONTINUED USE OF ANY CONTENT IS PREVENTED AS A DIRECT OR INDIRECT RESULT OF YOUR BREACH.
4.5 “FE Be Better Informed” is a European Community trade mark owned by Financial Express (Holdings) Limited (“FE(H)L”) under trade mark number 009778101. Trustnet 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.
5 LINKS FROM TRUSTNET
Where Trustnet 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 that website. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
6 DISCLAIMER OF RELIANCE ON INFORMATION POSTED
6.1 All information contained on Trustnet is for general use only. NOTHING ON TRUSTNET constitutes investment advice, recommendation or investment research (as defined in the handbook of the Financial Conduct Authority). It MAY NOT BE RELIED UPON BY YOU FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, IN MAKING ANY INVESTMENT DECISION.
6.2 ALTHOUGH WE TAKE REASONABLE CARE TO ENSURE THAT CONTENT ON TRUSTNET IS ACCURATE, WE CANNOT GUARANTEE OR WARRANT THE SECURITY OF TRUSTNET OR THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF ANY OF ITS CONTENT. SOME OF THE CONTENT ON TRUSTNET IS PROVIDED TO TRUSTNET BY INDEPENDENT THIRD PARTIES WHOM TRUSTNET HAS NO CONTROL OVER. AS A RESULT, YOUR USE OF TRUSTNET IS AT YOUR SOLE RISK AND WE CANNOT ACCEPT ANY LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU ARISING FROM SUCH USE. YOU SHOULD TAKE ADEQUATE STEPS TO VERIFY THE ACCURACY AND COMPLETENESS OF ANY INFORMATION CONTAINED ON TRUSTNET.
6.3 You must make your own assessment a to the suitability for any purpose of any content on Trustnet. WE STRONGLY RECOMMEND THAT YOU OBTAIN INDEPENDENT PROFESSIONAL ADVICE FROM A SUITABLY QUALIFIED SPECIALIST BEFORE TAKING ANY ACTION ON THE BASIS OF THE CONTENT ON TRUSTNET. Applications to invest in any fund referred to on Trustnet 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 Trustnet, please consult your financial or other professional adviser.
6.4 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.
7 OUR LIABILITY
THIS CLAUSE EXCLUDES OR LIMITS OUR LIABILITY TO YOU. YOU SHOULD READ IT CAREFULLY.
7.1 Subject to clause 7.3, to the extent permitted by law, we, other members of our group and third parties connected to us, hereby expressly exclude:
- all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
- any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with Trustnet or in connection with the use of, reliance on, or inability to use, Trustnet, any content posted on it, results derived from it, or any websites linked to it from time to time. 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; loss of anticipated savings; loss of data; loss of opportunity, goodwill or reputation; or wasted management or office time;
- any liability for third party illegitimate and illegal trading operations or “boiler rooms”;
whether caused by or arising from tort (including negligence or negligent misstatement), breach of contract, breach of statutory duty, or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
7.2 We make no guarantee that Trustnet 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 Trustnet or any website linked to it. We therefore recommend that you operate your own up-to-date anti-virus software when using Trustnet.
7.3 This does not affect 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.
8 JURISDICTION AND APPLICABLE LAW
8.2 The English courts shall have exclusive jurisdiction over any claim arising from, or related to, a visit to Trustnet.