Last Updated 10th August 2015
- These terms and conditions as varied from time to time (“Terms and Conditions”), together with any
documents which may be referred to in them, set out the terms on which you may make use of our
website at www.fundslibrary.co.uk (the “Website”). Use of the Website includes, but is not limited
to, accessing and browsing the Website. Please note that these Terms and Conditions, including
relating to the subject matter of the Website.
- Please read these Terms and Conditions (together with any documents which may be referred to in them)
carefully before you start to use the Website. The terms set out in this Section A apply to all
users of the Website. The terms set out in Section B are additional terms applicable to those
users who register an account with us and access the Subscribed Services (as defined in clause
16.1 of Section B).
- Please be aware that these Terms and Conditions make reference to other documents which you should
to us. By using the Website (and, where applicable, the Subscribed Services), you consent to
such processing and you warrant that all data provided by you is accurate.
- By using the Website, you confirm you have understood and accept these Terms and Conditions and agree
to comply with them. If you do not agree to these Terms and Conditions, you must not use the
Website or access the Subscribed Services.
- Information about us
- The Website is operated by Library Information Services Limited under the trading name FundsLibrary
(“FundsLibrary”, “we” or “us”). We are a private
limited company registered in England and Wales under company number 02264702. Our registered
office and main trading address is at One College Square South, Anchor Road, Bristol BS1 5HL.
- You can contact us by telephone (on 0117 980 9994) or by email (firstname.lastname@example.org).
- The Website should not be regarded as an offer or solicitation to conduct investment business, as
defined by the Financial Services and Markets Act 2000 (as amended) in any jurisdiction.
- Changes to these Terms and Conditions
We may revise these Terms and Conditions at any time by posting updated terms and conditions on the
Website. Please check this page from time to time to take notice of any changes made, as they are binding
- Changes to the Website
- We may update the Website from time to time, and may change the content at any time. However, please
note that any of the content on the Website may be out of date at any given time, and we are
under no obligation to update it.
- We do not guarantee that our site, or any content on it, will be free from errors or omissions.
- Accessing the Website
- The Website is made available to you free of charge.
- We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted.
Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue
or change all or any part of the Website without notice. We will not be liable to you if for
any reason the Website is unavailable at any time or for any period.
- You are responsible for making all arrangements necessary for you to have access to the Website.
- You are also responsible for ensuring that all persons who access the Website through your internet
connection are aware of these Terms and Conditions (together with any documents which may be
referred to in them), and that they comply with them.
- We do not represent that content available on or through the Website is appropriate or available
in locations outside the United Kingdom. We may limit the availability of the Website or any
service or product described on the Website to any person or geographic area at any time. If
you choose to access our site from outside the United Kingdom, you do so at your own risk.
- Acceptable use
- You may use the Website only for lawful purposes. You may not use the Website:
- in any way that breaches any applicable local, national or international law or regulation;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional
material or any other form of similar solicitation (spam); or
- to knowingly transmit any data, send or upload any material that contains viruses, Trojan
horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs
or similar computer code designed to adversely affect the operation of the Website or
any computer software or hardware.
- You also agree:
- not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of
the provisions of these Terms and Conditions; and
- not to access without authority, interfere with, damage or disrupt:
- any part of the Website;
- any equipment or network on which the Website is stored;
- any software used in the provision of the Website; or
- any equipment or network or software owned or used by any third party.
- Intellectual property rights
- This clause 7 is, in respect of the Subscribed Services, subject to clause 19 of Section B.
- We are the owner or the licensee of all intellectual property rights in the Website and in the material
published on it. Such works are protected by copyright laws and treaties around the world. All
such rights are reserved.
- You may print off one copy, and may download extracts, of any page(s) from our site for your personal
use and you may draw the attention of others within your organisation to content posted on our
- You must not modify the paper or digital copies of any materials you have printed off or downloaded
in any way, and you must not use any illustrations, photographs, video or audio sequences or
any graphics separately from any accompanying text.
- Our status (and that of any identified contributors) as the authors of content on our site must always
- You must not use any part of the content on the Website for commercial purposes without obtaining
a licence to do so from us or our licensors.
- If you print off, copy or download any part of our site in breach of these Terms and Conditions,
your right to use our site will cease immediately and you must, at our option, return or destroy
any copies of the materials you have made.
- No reliance on information
- The content on the Website is provided for general information only. It is not intended to amount
to advice on which you should rely. You must obtain professional or specialist advice before
taking, or refraining from, any action on the basis of the content on the Website.
- Although we make reasonable efforts to update the information on the Website, we make no representations,
warranties or guarantees, whether express or implied, that the content on the Website is accurate,
complete or up-to-date.
- Limitation of our liability
- Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury
arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability
that cannot be excluded or limited by English law.
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms
which may apply to the Website or any content on it, whether express or implied.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
- If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- If you are a consumer user, please note that we only provide the Website for domestic and private
use. You agree not to use the Website for any commercial or business purposes, and we have no
liability to you for any loss of profit, loss of business, business interruption, or loss of
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack,
or other technologically harmful material that may infect your computer equipment, computer programs,
data or other proprietary material due to your use of the Website or to your downloading of any
content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on the Website. Such links should
not be interpreted as endorsement by us of those linked websites. We will not be liable for any
loss or damage that may arise from your use of them.
- We do not guarantee that the Website (including the Subscribed Services) will be secure or free from
bugs or viruses.
- You are responsible for configuring your information technology, computer programmes and platform
in order to access the Website. You should use your own virus protection software.
- You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or
other material which is malicious or technologically harmful. You must not attempt to gain unauthorised
access to the Website, the server on which the Website is stored or any server, computer or database
connected to the Website. You must not attack the Website via a denial-of-service attack or a
distributed denial-of service attack. By breaching this provision, you would commit a criminal
offence under the Computer Misuse Act 1990. We will report any such breach 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 the Website will cease immediately.
- Linking to the Website
- Subject to clause 21 in Section B below, you may link to the Website 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.
- 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.
- You must not establish a link to the Website in any website that is not owned by you.
- The Website must not be framed on any other site, nor may you create a link to any part of the Website
other than the home page.
- We reserve the right to withdraw linking permission without notice.
- If you wish to make any use of content on our site other than that set out above, please contact
- Third party links and resources in the Website
- Where the Website contains links to other sites and resources provided by third parties, these links
are provided for your information only.
- We have no control over the contents of those sites or resources.
No failure or delay by us to exercise any right or remedy provided under these Terms and Conditions
or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict
the further exercise of that or any other right or remedy. No single or partial exercise by us of any
right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable,
it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.
If such modification is not possible, the relevant provision or part-provision shall be deemed deleted.
Any modification to or deletion of a provision or part-provision under this clause shall not affect the
validity and enforceability of the rest of these Terms and Conditions.
- Applicable law
- If you are a consumer, please note that these Terms and Conditions, their subject matter and formation,
are governed by English law. You and we both agree that the courts of England and Wales will
have non-exclusive jurisdiction.
- If you are a business, these Terms and Conditions, their subject matter and formation (and any non-contractual
disputes or claims) are governed by English law. You and we both agree that the courts of England
and Wales will have exclusive jurisdiction.
Third Party owned content
1) Morningstar Ratings
2) PureGroup Fund Ratings:
- Application of Section B
- In this Section B, unless a contrary intention is expressly states, the following definitions shall
“Data” means all information and documents made available to you: (i) by accessing
the Database; and (ii) in email or telephone correspondence with us.
“Database” means the collection of Data forming FundsLibrary’s central database
which is made available to you, via the Software, by registering with us in accordance with clause
17 and accessing the ‘Fund Central’ or ‘Fund Comparison’ pages of the Website.
“Data Supplier” means a third party contributor of data to the Database.
“Intellectual Property Rights” means all patents, rights to inventions, utility
models, copyright and related rights, trademarks, service marks, trade, business and domain names,
rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition
rights, rights in designs, rights in computer software, database rights, semi-conductor topography
rights, moral rights, rights in confidential information (including know-how and trade secrets)
and any other intellectual property rights, in each case whether registered or unregistered and
including all applications for and renewals or extensions of such rights, and all similar or
equivalent rights or forms of protection in any part of the world.
“Software” means the software, developed by FundsLibrary, through which you
are able to access the Database.
“Subscribed Services” means, together, the Data, Database and Software.
- The additional terms in this Section B apply to users who register an account with us and access
the Subscribed Services.
- In order to access the Subscribed Services you must first register using such specific username and
password chosen by you. Only individuals may register to use the Database and access the Data.
- Those parts of the Website which can only be accessed by registering with us and signing in are solely
for the use of individuals and firms within the United Kingdom who are regulated by the Financial
Conduct Authority. It is not for use by private investors.
- You must treat your username and password as confidential and must not disclose it to any third party.
- FundsLibrary has the right to disable any username or password, at any time, if in its reasonable
opinion you have failed to comply with any of the provisions of these Terms and Conditions.
- User licence
- Subject to clauses 18.2 and 18.3 and your compliance with these Terms and Conditions, FundsLibrary
grants to you a non-exclusive, non-transferable, revocable licence (the “Licence”)
to access, store and/or use the Subscribed Services.
- You must not:
- save with our prior written consent, use the Subscribed Services for any purpose other than
for business purposes;
- make any of the Subscribed Services accessible (including the provision of access through
a database, website, spreadsheet or other application populated with the Data, re-selling,
sub-licensing, transferring or disclosing the Data) to any third party by any means,
including any electronic means;
- use the Subscribed Services for any purpose contrary to any law or regulation or any regulatory
code, guidance or request;
- redistribute, extract, reutilise, use, exploit, copy or store the Data for any purpose not
expressly permitted by these Terms and Conditions;
- make any copies of any of the Data (whether in printed form, magnetic or any other media
and whether permitted or not by these Terms and Conditions) without proper attribution
to FundsLibrary or any relevant Data Supplier, or without including either FundsLibrary’s
or the Data Supplier’s copyright notice (as applicable). In the case of FundsLibrary,
the copyright notice to be included is “© [20XX] FundsLibrary All Rights Reserved”;
- store any of the Data on a file server for multiple use;
- share access to the Subscribed Services through your account;
- except to the extent permitted by any applicable law, copy, decompile, reverse engineer or
create derivative works from the Subscribed Services; or
- do anything which may damage the reputation of FundsLibrary, the Data or the Subscribed Services.
- You are permitted to redistribute, extract and make copies of limited excerpts of the Data on a non-systematic
basis either for:
- your internal business purposes; or
- the benefit or your specific clients, being either individual clients or a limited number
of your clients of a specific class.
- In utilising the Licence you acknowledge that:
- the use and interpretation of the Data requires specialist skill and knowledge of financial
products and markets;
- you have that skill and knowledge and undertake that you will exercise that skill and knowledge
and appropriate judgment when using the Data;
- you will be solely responsible for any opinions, recommendations, forecasts or other conclusions
made or actions taken by you or your associates based (wholly or in part) on the Data;
- you are in the best position to ascertain any likely loss you may suffer in connection with
the use of the Subscribed Services, that you are therefore responsible for making appropriate
insurance arrangements to address the risk of any such loss and that the provisions of
this clause 17 are reasonable in these circumstances; and
- you are aware that use of the Data, whether by accessing, utilising, storing or otherwise
dealing with the same, may from time to time be subject to certain statutory or other
external regulations, conditions and restrictions. You undertake to comply with such
regulations, conditions or restrictions applicable to any relevant territory. In particular,
the Data contains information relating to a variety of investment funds and trusts which
in turn are located in various different jurisdictions. The Subscribed Services may therefore
be subject to the laws and regulations of different jurisdictions. None of the Data published
or made available as part of the Subscribed Services is intended to be so published or
made available in any jurisdiction where to do so would result in a breach of any applicable
law or regulation. It is your responsibility to;
- ensure that your use of the Subscribed Services and the related information does
not contravene any relevant laws or regulations;
- keep yourself informed and aware of such laws and regulations;
- obtain any necessary consents or qualifications required in order to perform your
business and use the Subscribed Services; and
- inform FundsLibrary immediately of any change in circumstances which do or may affect
your ability to comply with your obligations in this or any other agreement with
- You agree to indemnify FundsLibrary against any claims, losses, damages, costs (including all legal
fees) and expenses incurred by or awarded against it or any Data Supplier arising out of or in
- your access to or use, in any way, of the Subscribed Services otherwise than in accordance
with these Terms and Conditions;
- any data or information you produce or any opinions, recommendations, forecasts or other
conclusions you or any of your associates make or give based (wholly or in part) on the
- any breach by you of these Terms and Conditions.
- Intellectual Property Rights
- In utilising the Licence and accessing the Subscribed Services, you acknowledge that:
- all Intellectual Property Rights in the Data, the Database and/or the Software are the property
of FundsLibrary or the relevant Data Supplier, as the case may be;
- you shall have no rights in or to the Data, the Database or the Software other than the right
to use them in accordance with the express terms of these Terms and Conditions; and
- FundsLibrary has or have made and will continue to make substantial investment in the obtaining,
verification, selection, coordination, development, presentation and supply of the Data,
the Database and the Software.
- You assign to FundsLibrary (or, where applicable, the relevant Data Supplier), and shall assign to
it, with full title guarantee all Intellectual Property Rights in any development of the Data,
the Database and the Software, by way of future assignment.
- You shall, and shall use all reasonable endeavours to procure that any necessary third party shall
promptly execute such documents and perform such acts as may reasonably be required for the purpose
of giving full effect to this clause.
- The Intellectual Property Rights assigned to us (or, where applicable, the relevant Data Supplier)
under clause 19.2 shall be deemed to be included in the Licence from the date when such rights
- You shall co-operate with us to protect the goodwill and reputation of the Subscribed Services and,
without limitation, shall comply with clause 18.2.9.
- You acknowledge that reference in any element of the Data, the Database or the Software to trade
names or proprietary products where no specific acknowledgement of such names or products is
made does not imply that such names or products may be regarded by the you as free for general
use or outside the scope of the Licence set out in clause 18.
- FundsLibrary does not give, nor shall anything in these Terms and Conditions constitute, any representation
or warranty that in utilising the Subscribed Services pursuant to the Licence you will not infringe
the Intellectual Property Rights of any person.
- Except as expressly stated in these Terms and Conditions, all warranties, conditions and terms, whether
express or implied by statute, common law or otherwise are hereby excluded to the extent permitted
- We do not warrant that:
- the supply of the Data or use of the Database or Software will be free from interruption;
- the Data, the Database and/or the Software will be accessible from your Services will run
on your computer system;
- the Data is accurate, complete, reliable, secure, useful, fit for purpose or timely; or
- the Data has been tested for use by you or any third party or that the Data will be suitable
for or be capable of being used by you or any third party.
- Linking to the Subscribed Services
Save with our prior written consent, you shall not, and shall ensure that no other person shall, permit
the Subscribed Services to be linked to or communicate in any manner or be used in connection with any
other database, time sharing or other system, computer bureau, data or telecommunication service or any
other service or word processing system or information distribution network, whereby the information,
material or data obtained from the Subscribed Services are being or may be accessed, used, stored or
redistributed as the case may be, by or through such other equipment.
The information herein (“Information”) is provided by Pure Research Limited (“PR”) and is made available solely
for financial professionals. The Information is the proprietary information of PR, or PR’s third party information
providers, and must not be copied or redistributed to any third parties, unless otherwise agreed in advance by
While PR believes the Information to be correct, based upon its own data sources and interpretation thereof,
PR makes no warranties or representations for its accuracy, completeness or timeliness and is provided for information
purposes only. PR accepts no liability whatsoever for any loss, damage, costs or expenses incurred or suffered
by you as a direct or indirect result of the provision and your use of the Information.
The Information is not investment advice and PR makes no recommendations in relation to investments, including
the buying or selling thereof, or any other investment activity. The value and income derived from investments
may go down as well as up.
3) The Adviser Centre: