This page (together with the documents referred to on it) sets out for you the Terms and Conditions of Use (“Terms of Use”) on which you may make use of this website (the “Website”).
Please read these terms of use carefully before you start to use our Website. By using our Website, you indicate that you accept the Terms of Use and that you agree to abide by them. If you do not agree to the Terms of Use, you must not use our Website. We recommend that you print a copy of these Terms of Use for future reference.
1 INFORMATION ABOUT US
We are a trade association established as a company registered in England and Wales at Companies House under the name Investment Funds Association (“we”, “us”, “our”, and “IFA”). Our registered office is at Lower Ground Floor, One George Yard, London EC3V 9DF and our company number is 13679296.
2 ACCESSING OUR WEBSITE
2.1 Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Website without notice. From time to time, we may restrict access to some or all of our Website. We will not be liable if for any reason our Website is unavailable at any time or for any period.
2.2 If you breach these Terms of Use, your permission to use the Website terminates immediately and you must immediately destroy any downloaded or printed extracts from the Website including any copies thereof.
2.3 You are responsible for making all arrangements necessary for you to have access to our Website.
3 DISCLAIMER
3.1 Nothing on this Website is intended, nor should it be taken, to create any legal or contractual relationship. Any transmission, downloading or sending of any information from the Website does not create any contractual relationship.
3.2 The content of the Website is designed for general information purposes only. Neither the information nor any opinions stated in the Website constitutes a solicitation or offer by IFA to buy or sell any securities or other financial instruments or to provide any investment advice.
3.3 The information on this Website is not intended for distribution to or use by any personal entity in any jurisdiction or country where such distribution would be contrary to local law or regulation.
3.4 Nothing in this Website may be published in the press or elsewhere without permission of IFA.
3.5 IFA does not provide legal or tax advice. Private companies in all jurisdictions and potential investors should take independent legal, tax and investment advice before making any such decision or proceeding with any type of fundraising activity.
3.6 While we endeavour at all times to ensure information on our Website is clear, fair and not misleading at the date of publication, we do not hold the information as impartial and it should not be viewed as wholly objective. Information on this Website is based on sources that we believe to be reliable but we give no undertaking that it is accurate or complete and IFA cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose or at all.
3.8 Any opinions are subject to change without notice and IFA is under no obligation to report or keep information accurate.
3.9 This Website is controlled and operated by IFAin the United Kingdom. We make no representations that materials in the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so at their own risk and are responsible for compliance with all applicable laws.
4 UNLAWFUL OR PROHIBITED USE
4.1 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, trojans, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
4.2 You must not misuse our Website by knowingly or recklessly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
4.3 Any such unauthorised use of our Website may give rise to a claim for damages and/or be a criminal offence under the Computer Misuse Act 1990. We will report any such activity 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 our Website will cease immediately and without further notice.
5 PRIVACY
5.1 Our Privacy Policy applies to use of our Website, and its terms are made a part of these Terms of Use by this reference.
5.2 Additionally, by using our Website, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to our Website may be read or intercepted by others, notwithstanding our efforts to protect such transmissions. We are not responsible for any messages which are lost, altered by third parties or intercepted and we will not be liable to you or anyone else for any damages or otherwise in connection with any message sent by you to us or by us to you via the internet.
6 EXCLUSION OF LIABILITY
6.1 Neither we nor any other member of IFA (i) makes any representation, guarantee, condition or warranty, express or implied, as to, nor assumes responsibility for, the accuracy, reliability or completeness of any of the material displayed on our Website, nor (ii) shall be under any obligation to update or correct any inaccuracy or be otherwise liable to the Recipient or any other person in respect of such material. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
6.1.1 all representations, guarantees, conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
6.1.2 any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and
any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of statutory duty, breach of contract 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.
6.1.3 In jurisdictions which do not allow the exclusion or limitation of certain types of liability, IFA’s liability will be limited to the maximum extent permitted by law.
6.2 Nothing in these Terms of Use limits or excludes our liability for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited under applicable law.
7 INDEMNITY
7.1 By using our Website, you agree to indemnify and hold harmless IFA from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that IFA may become obliged to pay, arising or resulting from your use of our Website, the Content, or your breach of these Terms of Use. IFA reserves the right to assume or participate, at your expense, in the investigation, settlement and defence of any such action or claim.
8 LINKS TO THIRD PARTY WEBSITES
8.1 Our Website may contain links to websites and resources maintained by third parties. These links are provided for your information only. We have no control over the contents of those websites and resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We are not responsible for the content, availability or privacy policies of those sites, and the existence of such links should not be considered an approval, endorsement or recommendation of those sites or of any product or service offered on those sites or of any party that is associated with those sites.
8.2 Please note that other websites and resources linked to on our Website may be governed by separate terms and conditions, including privacy policies. You should refer to the applicable terms and conditions of those websites and resources before using them and you should direct any questions or comments about the linked website or resource to the appropriate website provider.
9 LINKING TO OUR WEBSITE
9.1 You may link to our 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, but 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.
9.2 You must not establish a link from any website that is not owned by you.
10 REVISION OF TERMS
10.1 We may revise these Terms of Use at any time by amending this page and are under no obligation to inform you of, and should not be expected to inform you of, any such revision or amendment. You are expected to check these Terms of Use every time you with to use our Website to ensure you understand the terms that apply at that time, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our Website.
11 JURISDICTION AND APPLICABLE LAW
11.1 The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Website. We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
11.2 These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
12 MISCELLANEOUS
12.1 Any failure by IFA to exercise any rights or enforce any of these Terms of Use shall not constitute a waiver of such rights or terms.
12.2 If any provision of these Terms of Use or their application in a particular circumstance is held to be invalid or unenforceable to any extent, the remainder of these Terms of Use, or the application of such provision in other circumstances, shall not be affected thereby, and each provision of these Terms of Use shall be valid and enforced to the fullest extent permitted by law.
12.3 These Terms of Use and our Privacy Policy constitute the entire agreement between you and IFA with regard to your use of our Website, and any and all other written or oral agreements or understandings previously existing between you and IFA to such use are superseded and cancelled.