1.1 These User Terms and Conditions are between Profilir Limited (an Apex Group company), a limited liability company registered in England and Wales with company number 11333602 and registered office at 1 Old Barrack Yard, Knightsbridge, London, SW1X 7NP ( “we” “us” “our” “Profilir”) and you, the individual using the Service (“you” or the “User”). We are not regulated by the Financial Conduct Authority and do not carry out any investment and/or authorised business.
1.2 Profilir provides to its Users a free web-based service (the Service), made available at www.profilir.com or such other site as we may from time to time use to provide the Service to you (our site) which provides access to a range of multi-media content (such as information about companies and company products, funds and the companies within them) (“Content”) posted by us, our subscribed users and other users like you.
1.4 Some elements of the Service can only be accessed if you register for an Account as set out in paragraph 3 below and your registration is accepted by us (Restricted Content). If we reject your application for an Account (which we may do in our sole discretion) you may not use the Restricted Content.
1.5 We reserve the right to modify these User Terms and Conditions at any time without notice. You should check the User Terms and Conditions regularly to ensure you are agreeable to any changes. If you have an Account, in the event of any major changes we will notify you by displaying a notice on the homepage of the Service. Your continued use of the Service after these User Terms and Conditions or the Service have been modified will constitute your acceptance of any change.
1.6 Please note that these User Terms and Conditions relate to the Service only, and that if you wish to use other products or services offered by Profilir, you may be required to enter into separate terms and conditions relating to such products and services.
Using the service
2.1 You agree to use the Service only for lawful purposes and only in compliance with (i) all applicable local, national and international laws and regulations connected with the Service, (ii) these User Terms and Conditions, and (iii) the User Guidelines, and (iv) any reasonable instructions, regulations and guidelines that we may issue within the Service or otherwise in relation to the Service from time to time.
2.2 We may in our sole discretion amend or remove any part of the Service at any time without liability.
2.3 Parts of the Service may be subject to legal protections and restrictions imposed by the holder of the applicable rights, and you agree to comply with any such restrictions in accordance with paragraph 6.4. You warrant and represent that you are not restricted by any applicable law or regulation (including any international export restrictions) from accessing or using the Service or any of the Content.
2.4 You must not:
2.4.1 resell, reproduce or otherwise exploit any part of the Service without the express written permission of Profilir;
2.4.2 use the Service for the purpose of systematically collecting data;
2.4.3 use the Service for any purpose other than for your own personal informational purposes;
2.4.4 copy, modify, adapt, distribute, dissemble, reverse engineer or decompile any aspect of the Service;
2.4.5 attempt to circumvent or disable any technological protection measures contained in or used to protect Content, or use any Content from which such protection has been illicitly removed, in breach of these User Terms and Conditions or otherwise; or
2.4.6 upload, post, email, transmit or otherwise make available or initiate any content that:
- includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Profilir or any user of Profilir
- is contrary to the User Guidelines.
Restricted content: opening an account
3.1 To access and use the Restricted Content you will need a Profilir account (Account), for which you must register using the registration process within the Service. You are responsible and liable for all activities conducted through your Account, regardless of who conducts those activities.
3.2 To hold an Account, you must:
be an individual;
be acting in your personal capacity;
use a valid email address as your point of contact for registration, and such email address must relate only to you (group email addresses are not acceptable);
not share your Account with any other person (only one person may use each Account);
not use or maintain more than one Account;
choose a password to access your Account. You are responsible for maintaining the confidentiality of your password. Your disclosure of your password to any person is entirely at your own risk and you bear full responsibility for any harm or damage resulting from that disclosure;
notify us immediately if you know or have reasonable grounds to suspect that any person not authorised to access the Service has obtained your password or has had unauthorised access to the Service;
agree to comply with these User Terms and Conditions; and
provide true, accurate, current and complete information (Registration Data) about yourself as prompted by the registration form and maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
Closing your account; termination
4.1 You may terminate your Account at any time simply by deleting your Account from the User profile page on our site.
4.2 We may suspend or terminate your Account and any or all other Accounts held by you at any time in our sole discretion. We may also terminate these User Terms and Conditions at any time in our sole discretion. We reserve the right to refuse access to any part of the Service to any individual in our sole discretion.
4.3 Termination of these User Terms and Conditions, by you or by us, will automatically terminate your Account.
4.4 On the termination of these User Terms and Conditions the following paragraphs will continue in force despite such termination: paragraphs 2.3, 2.4, 6.1, 6.2, 6.7, 7, 8.2, and 9.
Your right to post content
5.1 Profilir provides the Service free of charge.
5.2 As a free User, you are entitled to post a limited amount of Content to our site.
5.4 You understand and agree that you are solely responsible for any Content posted by you and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Content.
5.5 We reserve the right at any time, without prior notice and at our sole discretion, to reject, edit or remove any Content posted by you which in our sole opinion is in violation of these User Terms and Conditions and/or the User Guidelines, and/or terminate your access for uploading Content.
Intellectual property; licences
Copyright and other intellectual property
6.1 Profilir and its licensors reserve all rights in and to the Service except as expressly set out in these User Terms and Conditions.
Ownership of the Service
6.2 We are either the owner or the licensee of all intellectual property rights in and to the Service, including but not limited to the name of the Service, the Content (other than Content submitted to our site by you), all information used to create the Content, and the logos, images and interface elements contained within the Service. Those works are protected by copyright laws and treaties around the world.
Licence to use the Service
6.3 We hereby grant to you a personal, limited, revocable, non-transferable, non-sublicensable licence during the term of these User Terms and Conditions, to access and use the Service as set out in these User Terms and Conditions.
Licence to view, use and save Content
6.4 In relation to each separate item of Content and subject to the terms of these User Terms and Conditions (including without limitation paragraph 2.4), Profilir hereby grants you a personal, limited, revocable, non-exclusive, non-sublicensable, licence to view, use and (where technically permitted) save one copy of such Content for your personal informational purposes only. Any use of the Content outside the scope of the licences granted under this paragraph 6.4 shall, without prejudice to any other rights or remedies available to Profilir, constitute a material breach of these User Terms and Conditions.
Your licence to us and other users
6.5 When you upload or post Content to our site, you grant:
6.5.1 to us, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service and otherwise in connection with the provision of the Service and our business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels;
6.5.2 to each user of the Service, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to access your Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Service and under these User Terms and Conditions.
Termination of licences
6.6 If you breach your obligations under these User Terms and Conditions, close your Account or this Agreement terminates, all licences granted to you under these User Terms and Conditions will automatically terminate.
Third party terms
6.7 We are not responsible for any third party website or website content (including, without limitation, any advertising appearing therein) which can be accessed through our site. We may from time to time include links to other websites for information purposes only and we make no representation whatsoever about any such link, website or content, or any products or services offered through that website.
Reliance on information
Nothing in or on our site is intended to amount to advice (whether professional, financial or investment advice or otherwise), recommendations or endorsements of any kind and you should not rely on our site in such a way. If you require financial advice, you should consider consulting an independent financial adviser or other suitably qualified professional. We disclaim all liability and responsibility arising from any reliance placed on the information contained on our site by you, or by anyone who may be informed of any of its contents.
8.1 We do not guarantee that the Service will be available at all times and there will be times when the Service will be interrupted for maintenance, upgrades or repairs or due to failure of services or equipment. We reserve the right to modify, suspend or discontinue all or part of the Service at any time with or without notice.
8.2 You agree that we are not liable or responsible to you for any delay, interruption, unavailability or discontinuance of the Service.
Exclusion of Warranties
9.1 The Service is provided “as is” and “as available” and Profilir expressly disclaims and excludes all representations or warranties of any kind, either express or implied, to the maximum extent permitted by applicable law in relation to any aspect of the Service. In particular and without limitation, we do not warrant that any aspect of the Service will be fit for a particular purpose or will be true, complete or accurate. You assume sole responsibility and risk for your use of any aspect of the Service.
Limitation of Liability
9.2 You agree that, to the maximum extent permitted by law, Profilir will not be held responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other any loss, damage, costs (including legal fees), expense, claim, alleged claim, suit, action, administrative proceeding or other liability (together “Losses”) arising out of or relating in any way to your use of the Service or inability to use the Service, or to your use of or reliance on any aspect of the Service. Except as mandated under applicable law, your sole remedy for dissatisfaction with the Service is to stop using the Service.
Profilir does not take any responsibility for any consequences of you using any aspect of any Service to trade (or to refrain from trading) in a live environment in any marketplace or transactional facility (whether provided by Profilir or by any third party).
To the extent permitted by law, the total liability of Profilir and its suppliers and licensors for any claims under these User Terms and Conditions, including for any implied warranties, is limited to the amount that you paid to use the Service.
You expressly acknowledge and agree that the limits on the liability of Profilir under these User Terms and Conditions (including as to the disclaiming of any warranties) are reasonable given we are providing the Service to you free of charge.
Nothing in these User Terms and Conditions excludes or limits our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
9.3 You agree, at your own expense, to indemnify, defend, and hold harmless Profilir against any and all losses related to your use of or access to the Restricted Content, or violation of these User Terms and Conditions by you or by any unauthorised party using your Account.
9.4 If any paragraph (or part of a paragraph) in these User Terms and Conditions is determined to be invalid or unenforceable by any court or administrative body of competent jurisdiction, you and Profilir agree that the court should endeavour to give effect to your mutual intentions as reflected in the paragraph, and the validity and enforceability of the rest of the Agreement will not be affected.
9.5 If you or Profilir fail to exercise any right or reedy provided under these User Terms and Conditions or by law, such failure shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.
9.6 These User Terms and Conditions are governed by and construed in accordance with the law of England and Wales without regard to the choice or conflicts of law provisions of any jurisdiction, and the courts of England and Wales have exclusive jurisdiction, provided that Profilir may seek injunctive relief in any jurisdiction in order to enforce its rights under these User Terms and Conditions. You agree not to bring claims on a representative or class member basis.
9.7 These User Terms and Conditions constitute the whole agreement between you and us and supersede any previous arrangement, understanding or agreement between you and us (including previous revisions of these User Terms and Conditions) in respect of your relationship with Profilir as a User of the Service.
Time limitation on claims
9.10 You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these User Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.