Terms and Conditions
Any and all of our services, including but not limited to 'Edgefolio Marketplace' and 'Fundportal' ("EDGEFOLIO") are hosted at edgefolio.com. In return for the data provided by you as part of registration ("Registration Data") and any payment for Basic, Premium, or Pro Plans, we shall provide a login for EDGEFOLIO to each member of your staff who requests one. You will be deemed to have accepted this agreement where any of your staff use their login to access EDGEFOLIO.
We may amend the terms of this agreement by giving 7 days' written notice to you. Each amendment will be deemed binding (even where not supported by further consideration) where any of your staff subsequently use their login to access EDGEFOLIO. Our right to amend in this manner does not apply to the notice periods for terminating the Premium and Pro plans nor to the notice periods for changing the fees or functionality of the Premium and Pro plans.
Risk Warning: You acknowledge the following:
- Investment involves a significant risk of loss as well as gains.
- Past performance is not indicative of future results.
Your Data: Your data is the Registration Data and any of your other data which you upload to EDGEFOLIO. Your data remains your property, and you shall keep your data up to date. We may use your data to run and improve EDGEFOLIO, and to identify and develop similar services.
Regulatory Compliance: The information on EDGEFOLIO is not intended for use by, or circulation to, any person or entity in a jurisdiction where access to, or use of the information on EDGEFOLIO is not permitted. So far as we are aware, EDGEFOLIO can be used in compliance with your regulatory obligations. But you acknowledge that you remain responsible for your regulatory compliance (including in choosing to use EDGEFOLIO).
UK Users Provision: The information on EDGEFOLIO is meant for persons that are legally permitted to invest in alternative collective investment schemes, namely those who qualify as Professional Clients and Eligible Counterparties as according to FCA rules and those who are contained within the persons described in COBS 4.12 of the FCA Handbook.
Fund Data: This section on 'Fund Data' applies if you are a hedge fund manager or other similar service provider. We may make your data available to other users of EDGEFOLIO and to users of any similar services provided by us. But we shall not market EDGEFOLIO or any similar service to investors nor otherwise make your data available to investors unless we believe them to be permitted to invest in alternative collective investment schemes as according to the above sections 'UK Users Provision' and 'Regulatory Compliance'.
Invitations: This section on 'Invitations' only applies if you are a hedge fund manager or other similar service provide. We are not responsible or liable relating to or resulting from inviting third-parties to use, or view EDGEFOLIO. You further agree that you shall not misuse EDGEFOLIO services, which includes, but is not limited to:
- Sending unsolicited communications, or spam;
- Violating the law in any way, including the nature of the content stored and shared;
- Storing, or sharing material that is fraudulent, defamatory or misleading.
Access: You may access and use EDGEFOLIO in the manner permitted by its ordinary operation. You may also include limited excerpts of information obtained from EDGEFOLIO in reports and presentations to your clients or prospective clients.
- You shall not download any data from EDGEFOLIO other than what is allowed by the download tools of EDGEFOLIO itself.
- You shall not distribute to third parties any of the data available on EDGEFOLIO other than as allowed in the section above on 'Access' (but this restriction does not apply to your data).
- You shall not provide any third party with access to EDGEFOLIO.
- You shall not attempt to disrupt EDGEFOLIO, nor the computer systems used to make EDGEFOLIO available.
- You shall not attempt to access our computer systems or those of our suppliers, other than as part of your permitted use of EDGEFOLIO.
Logins: You shall keep all logins secure, and shall notify us immediately where they become known to anyone else.
We may terminate a login without notice, where we reasonably believe that it has been compromised or is not being used in compliance with this agreement.
We may also suspend every login issued to your staff where we reasonably believe that you have breached any term of this agreement. We may continue any suspension until the breach has been remedied to our satisfaction.
You agree that EDGEFOLIO may identify you as a recipient of services and use your logo in sales presentations, marketing material, and press releases. Should you wish to opt out, please let us know by writing to us.
No Investment Advice: You acknowledge that EDGEFOLIO provides information, but not investment advice.
Reliance: You acknowledge that the information contained in EDGEFOLIO does not provide a sufficient basis for making a fully informed decision.
AIFMD: Nothing on EDGEFOLIO is to be construed as an offering or an invitation to make an offer to subscribe for a particular investment.
Accuracy: You acknowledge that the dynamic data (green dot) and the static data (grey dot) on EDGEFOLIO are provided by third parties, and that we are not responsible for the accuracy or completeness of this data.
Availability: We shall use reasonable endeavours to keep EDGEFOLIO available to you. But you acknowledge that you are not relying on EDGEFOLIO to be available at all times nor at any particular times.
Data Storage: Although you may store data on EDGEFOLIO for your convenience, you acknowledge your responsibility for retaining a backup copy of this data on your own systems. We may impose a data storage limit by giving you 7 days' notice of this limit.
Viruses and Malware: You acknowledge your responsibility to maintain appropriate technical and organisation measures to protect your IT systems against the risk of viruses or malware from external websites (including EDGEFOLIO).
Links: EDGEFOLIO may contain links to third-party websites and services. You acknowledge that we are not responsible for the accuracy, reliability or completeness of the content contained on any third-party website that is linked to on EDGEFOLIO. You also acknowledge that you are leaving EDGEFOLIO when clicking on these links.
Implied Terms: All implied terms (whether conditions, warranties or otherwise) are excluded from this agreement to the fullest extent permitted by law.
Entire Agreement: You acknowledge that, in entering into this agreement, you are not relying on any prior statement made by us or our representatives.
Morningstar Disclaimer: In respect of the static data (grey dot) but without prejudice to the 'Access' section above, you agree to the following disclaimer from Morningstar Norge AS: "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."
Indemnity: You shall indemnify us for all liabilities which we incur (including reasonable legal costs) where our use or storage of your data in accordance with this agreement infringes the rights of anyone else or breaches applicable law.
Limitation of Liability: The damages payable by us in connection with this agreement (including for breach of this agreement or a duty of care, or for misrepresentation) exclude:
- Damages arising from any investment decision made by you;
- Damages arising from any loss of your data;
- Damages for loss of your goodwill or reputation;
- Damages for your liability to anyone else;
- Damages for loss incurred as a result of your special circumstances (even if those circumstances were known to us).
Where you have paid for a Premium or Pro Plan, the damages payable by us in connection with this agreement are limited to an aggregate total of your first six monthly payments to us (or, where your first payment was a discounted annual payment, then 50% of that first discounted annual payment). This limit applies irrespective of the number of claims and whether the individual claims are for breach of this agreement or a duty of care, or for a misrepresentation.
Premium and Pro Plans: The Premium and Pro plans have the additional functionality specified on our website. Where we accept your request for a Premium or Pro plan, we shall provide you with a free trial for one month. Unless we receive notice of your termination of the plan before the end of the free trial, you shall pay the applicable monthly fee at the start of each subsequent monthly period.
Changes to Premium and Pro Plans: The monthly fee for the Premium plan will be the fee specified on our website at the start of your free trial. The monthly fee for the Pro plan will be the fee agreed in writing between us. We may subsequently increase or lower the fees for these plans by giving you 3 months' written notice. The new fee will then take effect at the start of the first monthly period after the expiry of our written notice.
We may add to the functionality of your Premium or Pro plan by giving written notice to you. We may also remove functionality from your Premium or Pro plan by giving you no less than 3 months' written notice. The change to the available functionality will take effect on the date specified in our notice.
Termination: We reserve the right to suspend or terminate your service if:
- You are in breach of these Terms and Conditions.
- You are using EDGEFOLIO in a way that causes risk of harm or loss to either us or other users.
Termination of Premium and Pro Plans: You may terminate your Premium or Pro plan by giving us 28 days' written notice, and we may terminate your plan by giving you 3 months' written notice. The termination of your plan will take effect at the end of the monthly period in which the written notice expires. Termination of your plan by you will result in your plan becoming a Free plan and this agreement remaining in force. Termination of your plan by us will result in termination of this agreement.
Discounted Annual Fees: Where you have paid a discounted annual fee for a Premium or Pro plan and you terminate your plan one or more months before the end of the annual period, we will recalculate the amount due for the used monthly periods on the basis of our standard fees for the plan. If your annual fee exceeds the amount payable for the used monthly periods under this recalculation, then we shall reimburse to you the remaining amount. If the amount payable for the used monthly periods under this recalculation exceeds your annual fee, then you shall pay us the balancing payment for the used monthly periods.
Where you have paid a discounted annual fee for a Premium or Pro plan and we terminate your plan one or more months before the end of the annual period, we shall reimburse you for the unused monthly periods on a pro rata basis.
Termination of Basic Plans: We may terminate your Basic Plan without notice, and you may terminate your Basic Plan with 7 days' written notice. This agreement will terminate upon termination of your Basic Plan (other than where you are upgrading to a Premium or Pro plan).
Effect of Termination: Upon termination of this agreement, we may immediately terminate every login issued to your staff. Our right to use your data survives the termination of this agreement, unless you have deleted this data from EDGEFOLIO before termination.
Assignment: Any assignment of this agreement (including any rights or obligations under this agreement) will be void, unless made with the written consent of the other party.
Headings: Headings contained in this agreement intended for convenience, and are not to be taken as part of the construction of this agreement.
Applicable Law: The laws of England apply to this agreement. The courts of England have exclusive jurisdiction to settle any dispute or claim which arises in connection with this agreement.