Terms of Services – March 1st 2017
Terms of Service
BY ENTERING THE TRACKINSIGHT WEBSITE OR BY USING ANY OF THE DATA AVAILABLE ON THE WEBSITE WHICH IS THE PROPERTY OF TRACKINSIGHT SAS (“TrackInsight”), YOU (THE “USER”) ACCEPT THESE TERMS OF SERVICE, AGREE TO BE BOUND BY THEM AND BIND YOUR EMPLOYER TO THEM. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, YOU ARE NOT ALLOWED TO USE THIS WEBSITE AND THE DATA AVAILABLE ON THIS WEBSITE. PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
TrackInsight SAS (“TrackInsight”) operates a funds analytics platform under the TRACKINSIGHT name.
TrackInsight owns intellectual property rights related to the TRACKINSIGHT platform.
TrackInsight makes its analytics, data and related information available on its TRACKINSIGHT website (www.trackinsight.com).
The User wishes to access and use the TRACKINSIGHT platform, certain related Data and additional information.
Now and therefore, it is agreed as follows:
“Data” means all Data, Graphs and Information available on the TRACKINSIGHT website (www.trackinsight.com), or data delivered directly by TrackInsight via File Transfer Protocol (“FTP”), email or available over the network operated by a third-party distributor or vendor (“Distributor”) that has a current, written agreement with TrackInsight permitting distribution of the Data and information or any other additional delivery/access methods provided by TrackInsight.
“Distribute” means to send Data around the location of the User’s employer.
“Redistribute” means to send Data outside the location of the User’s employer in the ordinary course of the User’s business.
“User” means any physical person who accesses and/or uses the TRACKINSIGHT website and/or Data.
“Trademarks” means TRACKINSIGHT, TRACKINSIGHT MARKET INDEX and any other registered or non-registered trade and service marks which are owned by, or licensed to TrackInsight.
2. Applicability of these Terms of Service
2.1. The User accepts and is legally bound by all the terms of these Terms of Service (i) upon ticking the box after “you accept these Terms of Service” or (ii) upon accessing the TRACKINSIGHT website or (iii) upon using Data, whichever is the earlier. For the avoidance of doubt, even if the User is expressing his/her disagreement with any of the terms of these Terms of Service, the User accepts to be bound by all the terms of these Terms of Service upon accessing or using the TRACKINSIGHT website and/or any Data.
2.2. Subject to anything provided for herein, these Terms of Service shall exclusively govern any kind of use of the TRACKINSIGHT website and of the Data by the User.
TrackInsight reserves the right to provide access to the data under various subscription agreements to which specific fee structures can be attached.
Details of those fees are clearly stated on the TRACKINSIGHT website and access is made available only upon payment of the fee attached to the subscription agreement.
4. Use of Data
4.1. Restrictions of Use
(a) The User is authorised to access and/or use the Data under these Terms of Service. The login and password distributed to the User to access Data are strictly personal and confidential and may only be used by such User.
(b) The User may (i) create works such as charts and reports and (ii) distribute and redistribute limited extracts of the Data provided this is done infrequently in a non-systematic manner; (iii) use the Data within the framework of their investment activities provided that it is not done in connection with the issuance, trading, marketing, or promotion of any Derived Product. If the User wishes to delegate asset management or advisory based on Derived Products to a third party, the User must ensure that the third party has first entered into a separate, legally binding agreement with TrackInsight.
(c) The User will not store any Data to create historical databases.
(d) The User will not use the Data to create a database or a service similar to TrackInsight service(s).
(e) The User will not use any Data or any works derived from the Data in connection with the issuance, trading, marketing, or promotion of any Derived Product. The User agrees and understands that any such use requires that the User first enters into a separate license agreement with TrackInsight.
(f) The User will not resell the Data available to any other person or organization directly or indirectly.
(g) The User will not disseminate the Data except to organizations who have first entered into a separate, legally binding agreement with TrackInsight.
(h) The user will not make any reference or permit any reference to be made to TrackInsight rating data and methodology unless duly authorized by TrackInsight International.
4.2. Sanctions and Remedies
(a) If the User is in breach of any provision of this clause 4, TrackInsight is entitled to block the User’s access to the TRACKINSIGHT website with immediate effect without any notice.
(b) TrackInsight is entitled to damages (including loss of revenue) resulting from the breach of this clause 4.
(c) Furthermore, TrackInsight is entitled to request that the User rectify such a breach immediately. In particular, TrackInsight shall have the right to request, inter alia, the deletion and/or removal of any Data, material, document, products, works, etc. that have been used or produced in breach of this clause 4.
(d) Such measures or payments do not entail any waiver or limitation of any other right or remedy available to TrackInsight under the applicable laws and/or these Terms of Service.
5. No Warranties and Representations of TrackInsight / Disclaimers of TrackInsight
Neither TrackInsight nor any of its licensors makes any warranties or representations, express or implied, to the User with respect to the access to, and the use of, the TRACKINSIGHT website and the Data. In particular, the User acknowledges and accepts the following disclaimers of TrackInsight:
5.1. TrackInsight reserves the right to remove portions of the Data from the TRACKINSIGHT website at any time without notice. TrackInsight may discontinue or change the TRACKINSIGHT website or its availability to any User, at any time. In the event of a termination of the TRACKINSIGHT website, TrackInsight will refund the fees paid from the last renewal date of the subscription pro-temporis.
5.2. TrackInsight is free, in its sole discretion, to implement at any time any technical, administrative, content-related or other changes on the TRACKINSIGHT website (including changes to the Data) which may affect the Data. For example, TrackInsight may change the way the Data is organized and formatted on the TRACKINSIGHT website, how it can be accessed and downloaded and TrackInsight may also add or remove Data series and change methodologies at any time and change the components and methodologies of the Data.
5.3. Neither TrackInsight nor its licensors are providing investment advice, tax advice, legal advice, or other professional advice via the TRACKINSIGHT website, and neither TrackInsight nor its licensors sponsor, recommend or endorse the purchase or sale of any security or investment product. Inclusion of a fund or other component in an analysis does not in any way reflect an opinion of TrackInsight or its licensors of the investment merits of such a fund or other component. The Data contained in the TRACKINSIGHT website have been prepared by TrackInsight solely for informational purposes. All the Data provided by TrackInsight are provided on an “as is” basis, are impersonal and not tailored to the needs of any person, entity or group of persons. Neither TrackInsight nor any of its licensors represents or warrants the accuracy, completeness, timeliness, sequence, currentness, merchantability, quality or fitness for any particular purpose of the Data, or any portion thereof. If the User wishes to rely on the Data in any way, it is the User’s responsibility to independently verify the accuracy, completeness or timeliness of that Data.
5.4. The TRACKINSIGHT website may include Data, facts, views, opinions and recommendations of third parties which are used by TrackInsight without any review for accuracy or completeness. The User agrees that TrackInsight is not responsible for such content, and that TrackInsight shall have no liability to the User or any other person or entity for the use of such content.
5.5. The User may, through hypertext or other computer links, gain access to other websites. The User agrees that TrackInsight is not responsible for the content or operation of such websites, and that TrackInsight shall have no liability to the User or any other person or entity for the use of third party websites. The User is solely responsible for determining the extent to which he/she may use any content on any other websites which are linked to the TRACKINSIGHT website.
5.6. Neither TrackInsight nor any of its licensors makes any warranties or representations in respect of the absence of any third party rights related to the use of the Data.
5.7. The TRACKINSIGHT website may contain viruses (e.g., computer program files containing codes capable of (a) damaging or destroying software, hardware or data, (b) shutting down, prohibiting access or impairing normal operation, or (c) assisting in or enabling theft or alteration of data), and any of the events described above may negatively affect the use of the Data, the results obtained therefrom, or the software environment and Data used by the User.
5.8. The Data shall not be used for any unlawful or unauthorized purposes.
6. Performance Disclosure
6.1. Charts and graphs are provided for illustrative purposes. Past performance is no guarantee of future results.
7. Limitation of Liability
7.1. To the extent permitted under applicable law, neither TrackInsight nor any of its affiliates, agents or licensors shall be liable to the User or anyone else for any loss or injury or damage whether such loss, injury or damage were foreseeable, known or otherwise, and for contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering Data.
7.2. To the extent permitted under applicable law, in no event will TrackInsight or any of its affiliates, agents or licensors be liable to the User or anyone else for any conclusions derived from any decision made, or any actions taken, by the User or anyone else based on the use of the TRACKINSIGHT website and/or Data.
7.3. To the extent permitted under applicable law, neither TrackInsight nor any of its affiliates, agents and licensors shall be liable to the User or anyone else for any damages whatsoever (including, without limitation, any direct, indirect, punitive or consequential loss or damage or any loss of income, profits, goodwill, Data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption and whether in tort [including without limitation negligence], contract or otherwise) even if advised of the possibility of such damages.
7.4. Nothing herein excludes or limits the liability of TrackInsight or any of its affiliates, agents or licensors (i) for fraud, (ii) for death or personal injury caused by negligence, or (iii) which may not be excluded or limited under applicable law.
7.5. Neither TrackInsight nor any of its affiliates, agents and licensors shall be liable for damages resulting from ‘force majeure’, riot, acts of war, epidemics, natural disasters, or other events over which they have no control, (including, without limitation, strikes, lock-outs, traffic disruptions, orders by governmental authorities in Singapore or abroad), or as a consequence of technical problems, such as IT disruptions, for which they are not at fault. The term ‘force majeure’ shall also include computer viruses or intentional attacks by ‘hackers’ on IT systems, provided that reasonable security systems were in place to avert damage from such attacks.
8. Intellectual Property
8.1. The User acknowledges and accepts that the entire content of the TRACKINSIGHT website, the Data and the files containing Data are, and shall remain, the property of TrackInsight and/or its licensors and that they are protected by copyright and/or other intellectual property laws and/or unfair competition or misappropriation laws. Such content may only be used in accordance with these Terms of Service. Any unauthorized use is strictly prohibited.
8.2. All trade names, trademarks, service marks and other product and service names and logos on the TRACKINSIGHT website used are proprietary to their respective owners and are protected by applicable trademark laws. Any of the trademarks, service marks or logos (collectively, the ‘Marks’) displayed on the TRACKINSIGHT website may be registered or unregistered marks of TrackInsight or others. Nothing contained in the TRACKINSIGHT website may be construed as granting any license or right to use any of the Marks displayed here without the express written permission of TrackInsight or the owner of such Marks. Any unauthorized use of the Marks is strictly prohibited.
8.4. The User shall, at no cost to TrackInsight, display/include notices as TrackInsight may reasonably require on any display of any chart or table or other Derived Data or any limited extract of Data. The following provision shall in any event be included:
“Based on data sourced from TrackInsightTM (www.trackinsight.com). Copyright © 2016 TrackInsight SAS. All rights reserved.”
9. Personal Data
10. Invalidity / No Waiver
10.1. If any provision in these Terms of Service is invalid or unenforceable under the applicable law, the remaining provisions will continue in full force and effect.
10.2. The failure of TrackInsight to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
11. Applicable Law
These Terms of Service, the User’s use of the TRACKINSIGHT website and of the Data, and all actions contemplated by these Terms of Service shall be governed by the laws of France, without regard to the choice of or conflicts of law principles, as if these Terms of Service were a contract wholly entered into and wholly performed within France.
12.1. Any dispute in connection with these Terms of Service shall be submitted to the exclusive jurisdiction of the French Court provided, however, that nothing herein shall prevent TrackInsight from bringing any action against the User at the User’s domicile.
12.2. Regardless of clause 11, TrackInsight shall be entitled to request injunctive relief (including preliminary measures) regarding the use of Data by the User at the national (or multinational) court(s) where the User uses Data or where TrackInsight rights shall be enforced.