Please read this carefully. By accessing the FundMagic Site you will be agreeing to these terms and conditions set out below (these "Terms").
In these Terms the following words and expressions shall have the following meanings:
means the database accessible via the Site and each and every piece of information provided through the Information Services;
means those providers of Information to us;
means one or more of the information services provided on or via the Site;
means our internet website located at www.fundmagic.com
"User name and Password"
the user name and password included on your registration form which is used by you to access the Site and Information Services.
"FundMagic, our, us or we"
means FundMagic - which is a Limited Company and its subsidiary companies and associated companies and its agents and employees and any person to which the rights and/or obligations of FundMagic are transferred or assigned.
"you, your or yourself"
means you, the person specified as the user in the registration form.
You wish to obtain access to one or more of our Information Services provided via the Site.
By using your User name and Password to access the Site and Information Services, you accept in full, these Terms and agree to comply with them in your use of the Site and the Information Services.
FundMagic shall not be liable for loss caused directly or indirectly by any exchange or market ruling, government restriction, or any "force majeure" (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, communications or power failure, equipment or software malfunction) or any other cause beyond the reasonable control of FundMagic and its Information Providers.
Our Service and all of the Content and Information are provided "as is" without warranty of any kind. FundMagic and Information Providers expressly disclaim all warranties and conditions with regard to Our Service, the Content, and the Information, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. By using Our Service, Content, and Information, you assume all of the risks associated with their use, and you release and agree to indemnify and hold harmless FundMagic and Information Providers from any and all liability, claims for damages, and losses arising from or connected with such risks.
You agree that neither FundMagic nor the Information Providers shall have any liability, contingent or otherwise, for the truth, accuracy, completeness, timeliness, interruptions, omissions or correct sequencing of the Information or Content on Our Service, or for any decision made or action taken by you in reliance upon or interpretation of the Information or Content on Our Service. In no event shall FundMagic or the Information Providers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with (1) the use of Our Service, Content, or the Information; (2) the delay, interruption or inability to use any aspect of Our Service, Content or the Information; (3) any Information or Content obtained through Our Service; or (4) otherwise arising out of the use of Our Service, Content, or Information, whether based on contract, tort, strict liability or otherwise, even if FundMagic or Information Providers have been advised of the possibility of damages.
FundMagic reserves the right at any time, in its discretion and without prior notice to you, to change, revise, modify, add, upgrade, remove or discontinue Our Service or Content or Information, in whole or in part. FundMagic may also impose limitations or restrictions upon and may revoke your access to and your use of Our Service, Content or Information, in whole or in part, without prior notice.
Use of Our Service requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance the performance of Our Service. While you browser may allow you to "reject" cookies, Our Service may require that you accept all cookies in order for its features and security mechanisms to function as designed. FundMagic uses "cookies" on Web sites to manage user interaction and maintain security and integrity. A "cookie" is an electronic record created by a web site and stored on your computer.
FundMagic does not guarantee the accuracy of the information and data supplied by Information Providers. FundMagic is not responsible for the quality or reliability of this information. You acknowledge that data, commentary, analysis, documents or similar materials are provided according to the terms of the individual Information Providers..
FundMagic Subscription Services are billed yearly in advance and are non-refundable and non-transferable basis.
Technical/Product Support is provided by email (email@example.com) on UK business days Monday-Friday. Closed Weekends.
Copyright and Your Rights
Copyright and all other intellectual property rights subsisting in the Information is owned by us or our Information Providers, You may use the Information retrieved from the Site only for your own personal use which means that you may not sell, resell, retransmit, use in the creation of an index linked or historical data product or otherwise make the Information retrieved from the Site available in any manner or on any media to any third party unless you have obtained our prior written consent.
User Name and Password
You are responsible for all use of the Site and the Information Services made using your User name and Password, whether or not the use is made by you or someone else using your User name and Password. You are responsible for protecting and securing your User name and Password from unauthorised use. By using the Site you also accept and are bound by our Security Policy.
If you believe there has been a breach of security of your User name and Password you must immediately notify us FundMagic by email to firstname.lastname@example.org.
FundMagic is registered under the Data Protection Act 1998. All personal information you supply to us will be treated in accordance with that Act. We will collect and use your personal information in order to operate, enhance and provide to you the Information Services you request.
We will not pass your personal information on to any other person except to our Service Providers, where it is necessary, to enable us to provide you with the Information Services you request from us.
You may edit your personal information held by us at any time and have your information deleted from our records if this Agreement is terminated. You will update your information if it changes.
Availability of the Site
We reserve the right to change the content, presentation, performance, user facilities and availability of any part of the Site at our sole discretion.
Changes to the Site will come into effect immediately on posting. We do not warrant any connection, transmission over, security of or results from the use of any network connection or facilities provided (or omitted to be provided) in connection with the Site and the Information Services.
Transmission of information over the internet may be subject to arbitrary delays beyond our control which may delay the provision of the Information Services or access to the Site. You acknowledge and agree that we and our Service Providers shall not be liable to you or any third party for any costs, expenses or losses arising from such delays.
The Information Services and the Information are only for your general information and use and are not intended to address your particular requirements. In particular, the Information Services and the Information do not constitute any form of advice or recommendation by us and are not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions. Appropriate expert independent advice should be obtained before making any such decision.
The value of investments and the income derived from them can go down as well as up, and you may not necessarily get back the amount you invested. Past performance of an investment is not necessarily a guide to its future performance. It may be difficult for you to sell or value certain investments or to obtain reliable information about their value or the extent of the risks to which they are exposed. Although carefully verified, data computations are not guaranteed by us or our Data Providers or affiliates and may not be complete. The value of investments may rise or fall due to the volatility of world markets, interest rates and capital values or, for investments held in overseas markets, changes in the rate of exchange in the currency in which the investments are denominated.
Any arrangement made between you and any third party named in the Services is at your sole risk and responsibility.
Accuracy of Information
Neither we nor any of our Data Providers or affiliates make any warranties express or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the Site, the Information or the Information Services and all such warranties are expressly excluded to the fullest extent permitted by law.
You bear all risks from any use or results of using any Information and Information Services. You are responsible for validating the integrity of any Information received over the Internet.
You irrevocably indemnify us and our Information Providers and affiliates from and against any and all losses, damages and costs suffered or incurred by us, any Information Providers or affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of Information, the Site, the Information Services or any part thereof or otherwise howsoever arising in relation to any breach of these Terms by you.
We may provide hypertext links to sites on the Internet operated by other people. Using an external hypertext link means that you may be leaving the Site and we therefore take no responsibility for and gives no warranties, guarantees or representations in respect of any such linked sites.
These Terms and the rights and obligations contained herein are personal to you and may not be assigned, licensed or transferred by you. We reserve the right to assign or transfer its rights and obligations under these Terms to any appropriate company which is from time to time a subsidiary or holding company of FundMagic (subsidiary and holding companies have the meaning ascribed to them by Sections 736 and 736A of the Companies Act 1985)
Where you use only the Information Services, these Terms together with the duly completed registration form and payment instructions (if any), the constitute whole agreement between you and us.
Any notice from us to you may be delivered by e-mail or post to you at your last known address. Evidence of posting (either electronically or otherwise) shall be taken as evidence of delivery.
A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms, but this does not affect any right or remedy of any such person which exists or is available otherwise than as a consequence of that Act.
This Agreement shall be construed in accordance with and governed by English law and the parties shall submit to the exclusive jurisdiction of the English courts.
If any provision in these Terms is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect.
Failure by either party to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
All disclaimers, indemnities and exclusions in these Terms shall survive termination of these Terms.
Neither you nor we shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or our respective reasonable control.
These Terms replace all other terms and conditions previously applicable to the use of the Site and the Information Services.