Terms of use

 

1. Preamble

The following are the terms which apply to any person or entity accessing and/ or using the website of Fundsquare S.A. (“Fundsquare”): www.fundsquare.net (the “Website”). By using the Website, you agree to be bound by and comply with the present Terms of Use (the “Terms of Use”). If you do not accept the Terms of Use, you must not use the Website and leave it immediately. You are deemed to have agreed with the Terms of Use every time you access and/ or use the Website.

The Terms of Use may be amended, replaced or supplemented at any time and without prior or further notice by Fundsquare. You are therefore advised to review it from time to time for any possible changes.

2. General

The information, data and/ or document contained, displayed or appearing on the Website (collectively the “Information”) is provided for information purposes only (unless otherwise stated).

3. Information - Disclaimer

Please note that whole or part of the Information may come from third party sources. Fundsquare does not review, endorse, approve, verify or accept responsibility for the content of the Information as well as any other data, information or document from third parties (e.g. funds, management companies, central administration or other funds’ providers). Although whole or part of the Information may come from sources reasonably believed to be reliable, Fundsquare does not give any representation or warranty, whether express or implied, in connection with the accuracy, correctness, fitness for a particular purpose, reliability or completeness of the Information. Fundsquare accepts no responsibility or liability of any kind for the accuracy, correctness, fitness for a particular purpose, reliability or completeness of the Information.

Neither can Fundsquare represent or warrant that the Information will be updated, displayed or made available in real time and/ or without any delay. The Information is not tailored for specific investors’ situations and may therefore not be suitable for you.

Data on the prices are displayed on the Website with a few minutes delay.

The Information is not and shall not be a substitute for your own researches, investigation, verifications, checks or consultation for professional or investment advice. You are using the Information at your own risks.

Fundsquare does not accept any liability or responsibility of any kind for any loss or damages arising directly or indirectly from the use of, or any action refrained or taken on any Information.

The Information does not constitute and is not construed as any advice, solicitation, offer, endorsement, commitment or recommendation on behalf of Fundsquare to invest in any security or fund. It does not represent or constitute any warranty or representation from Fundsquare in connection with the good standing, profitability, suitability or reliability of any security, fund, management company or asset manager.

Please note that the Information should and shall not be regarded as legal accounting, investment, financial or other professional advice nor is it intended for such use.

The Information does not constitute an offer, invitation or inducement with respect to any service, security or fund and should not be considered promotional in nature.

4. Internet - disclaimer

You are aware of, and accept the related risks of the internet and any automated systems that provides access to internet including but not limited to, interruption or disruption of the Website, system or communication failures, delays, errors or omissions or corruption of the data or systems that could cause you substantial damage, expense or liability and for which Fundsquare shall have no liability or responsibility of any kind.

5. Information - Proprietary Rights

All intellectual property and property rights in the Information are exclusive owned by Fundsquare or its possible licensors (as the case may be). The Information is protected by, amongst others, intellectual property laws including copyright, trademarks and other forms of property rights.

The Information cannot be used in whole or in part, in any manner, for commercial or marketing purposes. Any unauthorised use of the Information is strictly prohibited. The Information cannot be disseminated, displayed, sold or distributed, in any manner, in whole or in part, freely or against payment, without the prior written consent of Fundsquare. Any use of the Information other than the one set out above may be subject to the signature of a service agreement (or any other contract having a similar effect) with Fundsquare.

6. Website - Proprietary Rights

All intellectual property rights in the Website are exclusively owned by Fundsquare. The Website is protected by intellectual property laws, including copyright, trademarks, and other forms of proprietary rights. All rights of reproduction complete or partial in whatever form and by whatever means, are reserved, including downloadable documents. Except for the rights of access and use granted herein, nothing in the Terms of Use is intended to confer any licence of, right in, or make any assignment of, any intellectual property rights or property rights in connection with the Website. Any reproduction of the Website, in whole or in part, directly or indirectly, on any medium or support whatsoever, is prohibited unless otherwise authorised by Fundsquare in writing and in advance or unless otherwise set out in the Terms of Use.

Fundsquare and e-file are registered trademarks of Fundsquare. They shall not be used in any manner by any person or entity who has not received first Fundsquare’s prior written consent. Use of them by unauthorised persons is strictly prohibited.

Use of any of the aforementioned trademarks does not imply any affiliation or endorsement by Fundsquare.

7. Use of your name and logo

When using the Website and/ or Fundsquare’s services, you authorize Fundsquare to use and reproduce your name and logo (collectively the “Trademarks”) (i) on Fundsquare’s website and/ or (ii) in the brochures made by Fundsquare to promote its own activities under the following conditions:

  • The Trademarks remain, in all cases, your sole and exclusive property. Nothing herein is constructed to assign, transfer, license or create in Fundsquare’s favour any entitlement or right in connection with the Trademarks other than the rights granted under this section 7;
  • The use and reproduction of the Trademarks is allowed only to the extent reasonably necessary for and to the sole purposes of displaying the Trademarks on Fundsquare’s website and brochures as a client reference (in an illustrative way). Any other use of the Trademarks by Fundsquare is strictly prohibited;
  • You may request Fundsquare, at any time, to delete or remove the Trademarks from whole or part of Fundsquare’s website or brochures at any time;

The Trademarks shall be displayed on the Fundsquare’s website and brochures in a positive and illustrative manner, for the purposes of client reference. The Trademarks shall not be used in any manner that may be detrimental to you or that may materially impact you, your image or reputation. The display or appearance of the Trademarks on Fundsquare’s website and/ or brochures does not constitute and is not construed as being any offer, advertisement, endorsement, commitment, undertaking or recommendation from Fundsquare in connection with you or any financial instrument or product that may be issued by you.

8. Availability and Security

Fundsquare will make commercially reasonable efforts to ensure the availability of the Website in an appropriate manner. In the event of a failure of the Website, Fundsquare will make reasonable efforts to remedy such failure or provide adequate workaround as soon as reasonably practicable.

In addition, Fundsquare is authorised to develop, modify or suspend the availability and operations of its Website, from time to time, due to operational, technical, legal or urgent maintenance constraints or with the view to develop the efficiency of the Website.

Fundsquare does not accept any liability or responsibility of any kind for any loss or damage resulting directly or indirectly from any interruption or disruption of the Website.

Fundsquare has made reasonable efforts to ensure that the Website and/ or the Information are virus free. However, Fundsquare cannot give any guarantee or warranty and expressly disclaims any representation that the Website and/ or the Information are virus free. Fundsquare encourages you to check routinely your computer using a reliable virus protection product to detect and remove any viruses found.

9. Passwords

For the purpose of this section 8, “Passwords” means information any which is necessary to log in to the Website (or certain portions of it) including user name, password, access code and/ or PIN (as the case may be).

You shall never disclose or share with any person or entity (except within your organisation, on a reasonable need-to-know basis) the Passwords. You are fully responsible for protecting the Passwords against any unauthorised use. Fundsquare specifically disclaims any liability for such unauthorised use or access.

Fundsquare shall rely on the fact that any person using the Passwords is authorised by you to access and use the Website for you or on your behalf.

10. Unlawful use of the Website

You shall not use the Website and/ or the Information for any unlawful, illegal, illicit or prohibited purposes. You shall not use the Website in any way (i) that may be detrimental or may have adverse consequences on Fundsquare, the Website or Fundsquare’s systems and/ or (ii) that may interfere or impact any other party’s use of the Website. You are not authorised to obtain or attempt to obtain unauthorised access to the Website (or portion of it) or to any service provided or offered by Fundsquare.

11. Breach to the Terms of Use

Fundsquare reserves the right to start any action or legal action that it may deem appropriate or adequate in case of breach to the Terms of Use including but not limited to blocking or restricting the access to the Website from a specific internet address.

12. Link with external websites

No hyperlink shall be made between external websites and the Website without Fundsquare’s prior written consent. Any link made to the Website on external sites does not constitute any endorsement or recommendation from Fundsquare with regard to the person or entity managing, operating or owning such website.

13. Personal Data Protection

Please refer to our GDPR – Data Protection Web Policy for any question related to personal data protection.