Third Party Terms and Conditions
Last updated February 6 2024
These Third Party Terms are provided to indicate specific instances where obligations from such third parties will be relevant to the Services selected by a Customer. As such, not all of the terms provided below may be applicable and only those terms which explicitly relate to the Services specified in an Order Form will be relevant to a Customer.
Supplier incorporates certain third party products and services into the Services that are subject to additional terms and conditions set forth below (the “Third Party Terms”). Customer agrees to comply with the following Third Party Terms in connection with its use of the Services, as applicable. Customer will be solely responsible for Customer’s breach of the Third Party Terms. Any termination or disruption in Customer’s ability to access the Services will not constitute a breach by Supplier if such termination or disruption is due to Customer’s breach of the Third Party Terms or is required by Supplier under the Third Party Terms.
1. Fix Flyer
The following Third Party Terms (the “Fix Flyer Terms”) apply to the FIX Flyer Trading Network (“FTN”), an automated routing system developed by Fix Flyer, LLC (“Fix Flyer”), that, among other things, enables retail investors, money managers, registered investment advisors, and wealth managers (“Investment Advisors”) to electronically exchange trading information (“Trade Data”) with their investment brokers (“Brokers”). The parties agree that FTN is a Third Party Service. For purposes of the Fix Flyer Terms, Trade Data may include orders for the purchase or sale of securities (“Orders”), allocation instructions with respect to executed Orders (“Allocations”) and execution reports between Brokers and Investment Advisors and Customer.
Customer and Customer personnel shall only access FTN through the Supplier platform via the Supplier-provided connection. Customer and Customer personnel may only use FTN for transmission or receipt of Trade Data within the United States and Puerto Rico.
Customer accepts and acknowledges that FTN merely provides electronic access between Investment Advisors and Brokers for the purpose of exchanging Trade Data. Customer further accepts and agrees that Fix Flyer is not undertaking to manage money, nor providing advice with respect to the value of securities or as to the advisability of investing in, purchasing or selling securities, nor recommending brokers or their services to any third party.
Customer acknowledges and agrees that (i) Fix Flyer shall have no responsibility or liability for the accuracy or quality of information delivered to or obtained via FTN, (ii) Fix Flyer shall not be liable for any damage or destruction of any data, equipment or other materials belonging to, leased by, or otherwise under the control of Customer, Customer personnel or their clients, (iii) Fix Flyer shall not be liable to Customer, Customer personnel or their clients for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, or loss of business or goodwill, investment, market or other economic losses, incurred by Customer, Customer personnel or their clients, and (iv) Fix Flyer shall not be liable to Customer, Customer personnel, their clients or any other person for trading losses resulting from Customer’s, Customer personnel’s or their clients’ use (or inability to use) of FTN or the services provided by Fix Flyer.
In the event that Customer or Customer personnel become aware of any actual or suspected breach, misuse, acquisition, misappropriation, compromise or release, or unauthorized access to, disclosure, use or modification, of FTN or breach of these Fix Flyer Terms (a “Fix Flyer Breach Event”), Customer shall: (i) notify Supplier promptly (and in no event later than twenty-four (24) hours) after Customer or Customer personnel learns of such Sublicense Breach; (ii) at Customer’s sole cost and expense, promptly investigate such Fix Flyer Breach Event; (iii) provide reasonable assistance to Supplier, FTN and any third party retained by them in connection with any investigation that Supplier or FTN may desire to conduct with respect to such Fix Flyer Breach Event; and (iv) at Customer’s sole cost and expense, take all actions reasonably required, necessary or advisable of Customer an Customer personnel under these Fix Flyer Terms and/or applicable laws, rules and regulations (including, without limitation, laws, rules and regulations relating to data protection or privacy) to promptly limit, stop and remediate the Fix Flyer Breach Event.
Customer acknowledges and agrees that the Trade Data shall be routed via FTN between Customer or Customer personnel and Brokers in accordance with the following procedures and specifications: (i) Trade Data shall be routed based on the account information provided by Customer or Customer personnel. Each Broker shall confirm all Orders placed via FTN in accordance with its usual business practices and (ii) that Fix Flyer relies on third party service providers and third party systems over which Fix Flyer has no control to provide access to FTN and to facilitate the exchange of Trade Data between Brokers and Customer and Customer personnel. Customer accepts and acknowledges that Fix Flyer cannot guarantee that Customer or Customer personnel and Brokers will be able to exchange Trade Data via FTN at all times.
Customer acknowledges and agrees that neither Supplier nor Fix Flyer bear any responsibility for the accuracy, authenticity or completeness of the Trade Data exchanged between Customer or Customer personnel and Brokers via FTN and Customer or Customer personnel and Brokers shall bear all responsibility for the accuracy authenticity and completeness of the Trade Data to the extent that such Trade Data originates with Customer, Customer personnel or Brokers.
Customer agrees that Fix Flyer is not responsible for any record keeping in connection with the Trade Data, including, to the extent appropriate, data file back-ups and maintenance.
Customer acknowledges and agrees that Fix Flyer makes no representation or warranty to Customer or Customer personnel, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose and all such warranties are hereby disclaimed.
Customer acknowledges and agrees that FTN, including the underlying hardware and software necessary to facilitate electronic access between Supplier, Brokers and Investment Advisors (the “Interface”), all related documentation, and all ideas, methods, algorithms, formulae and concepts used in developing and/or incorporated into FTN, the Interface or related documentation, including, but not limited to, the visual expressions, screen formats and other design features of FTN, and all revisions, modifications, refinements, releases, versions, enhancements and improvements of FTN, the Interface or related documentation, and all information related to FTN’s pricing, methods, processes, financial data, customer lists, apparatus, statistics, programs, research and developments (referred to, collectively, as the “Proprietary Items”) are trade secrets and proprietary property of FTN or the third party service providers from which FTN has leased or licensed such Proprietary Items.
Customer and Customer personnel shall not, nor permit any third party to, directly or indirectly copy, reproduce, remanufacture, distribute, license, translate, convert, modify, reverse engineer, decompile, disassemble or in any way duplicate all or any part of the Proprietary Items, except to the extent contemplated by the Fix Flyer Terms in order to facilitate electronic access between Supplier, Brokers, and Customer and Customer personnel via FTN.
Fix Flyer shall have no liability to any Customer or Customer personnel or be responsible for any damages with respect to any Customer or Customer personnel’s use of FTN, whether or not such liability is direct, indirect, incidental, special or consequential damages, incurred by Customer, Customer personnel or any third party, whether in an action in contract or tort, even if Fix Flyer or Supplier has been advised of the possibility of such liability or damages.
Fix Flyer shall not be liable as a result of, (i) any error by Customer, Customer personnel or Broker in sending or transmitting Trade Data; (ii) any error occurring because of any act or omission of Customer, Customer personnel or Broker; (iii) the failure of Broker to execute an Order received via FTN for any reason whatsoever; (iv) the failure of Customer or Customer personnel to send or receive an Investment Advisor Order transmitted via FTN for any reason whatsoever; or (v) any cause beyond the control of Fix Flyer, including, but not limited to, an action by any military, civil or regulatory authority, a change in any law or regulation, a fire, flood, earthquake, storm or similar act of God, a disruption, imperfection or outage of telecommunications, power or other utility, electrical disturbances, brownouts or blackouts, systems failures, a labor problem, the unavailability of supplies, failures of, or errors in, third party equipment and third party software; (vi) any unauthorized changes to or misuse of FTN; (vii) any use of FTN in a manner not intended under these Fix Flyer Terms; or (vii) any other cause, whether similar or dissimilar to any of the foregoing, beyond the reasonable control of Fix Flyer.
Notwithstanding anything herein to the contrary, under no circumstances shall Fix Flyer be liable to Customer, Customer personnel, their clients, or Brokers or any other person for trading losses resulting from Customer, Customer personnel, their clients, or Brokers or any other person’s use of (or inability to use) FTN , whether such liability is asserted on the basis of contract, tort (including negligence or strict liability) or otherwise and whether or not foreseeable, even if Fix Flyer has been advised or was aware of the possibility of such loss or damages.
Customer shall defend, indemnify and hold harmless Fix Flyer, its affiliates and licensors, and each of their respective directors, shareholders, officers, employees, agents and customers, from and against any and all losses, claims, damages, liabilities and expenses (including reasonable attorney’s fees and expenses) as they are incurred, however arising or incurred from third party claims (the “Losses”), resulting in any way from any claim by Customer, Customer personnel or any of its clients or Brokers, or any third party for Losses arising from the execution of a trade or the lack of execution, as the case may be, provided, however, that the foregoing shall not apply to the extent such Losses arise out of or are based upon Fix Flyer’s gross negligence or willful misconduct.
2. QuoteMedia
The following Third Party Terms (the “QuoteMedia Terms”) apply to the QuoteMedia, Inc. (“QuoteMedia”) Financial Data Provisions (“QuoteMedia Financial Data Provisions”), which may include the following QuoteMedia products getEnhancedQuotes, getExchangeHistory, getLiteFundData, getLookupSybols, getQuotes and getSymbolList, all of which the parties agree are Third Party Services.
Customer acknowledges and agrees that the applicable Financial Market Data is powered by Quotemedia.com (all rights reserved) and that such data may be delayed by 15 minutes unless indicated.
Customer acknowledges and agrees that its and Customer personnel’s use of the QuoteMedia Financial Data Provisions are subject to the additional QuoteMedia Terms available at http://www.quotemedia.com/termsofuse.php and Customer and all Customer personnel that use the QuoteMedia Financial Data Provisions agrees to such additional QuoteMedia Terms.
Customer agrees that all right, title and interest in and to the QuoteMedia Financial Data Provisions and any QuoteMedia trademarks are and shall remain the exclusive property of QuoteMedia.
Customer and Customer personnel shall not make any modifications or changes of any kind to any QuoteMedia Financial Data Provisions or any QuoteMedia trademarks, nor create any derivative works based upon or relating to any QuoteMedia Financial Data Provisions.
Customer and Customer personnel shall not provide, distribute or display any information received through QuoteMedia’s Quotestream Connect service to any other Person (even Persons within the same company or firm) and Customer shall be responsible for the payment of any additional fees or penalties resulting from redistribution or other misuse of such information that are imposed by the third party providers of such information.
Customer acknowledges and agrees that neither Supplier nor QuoteMedia will have any liability with respect to any Losses arising out of any faults, interruptions or delays in the QuoteMedia Financial Data Provisions or the QuoteMedia website or any inaccuracies, errors, or omissions in the QuoteMedia Financial Data Provisions or the QuoteMedia website.
Customer acknowledges and agrees that the QuoteMedia Financial Data Provisions, including the information therein, are provided “as is” and without any warranties, express or implied, and QuoteMedia and Supplier disclaim all warranties, express or implied, including as to accuracy, completeness or timeliness, and the warranties of merchantability, fitness for a particular purpose.
Customer acknowledges and agrees that under no circumstances will QuoteMedia or its affiliates or its or their directors, officers, employees or agents, have any liability for any direct, indirect, incident, special or consequential damages to Customer or Customer personnel with respect to the provision of the QuoteMedia Financial Data Provisions, including lost profits regardless of whether damages could have been foreseen or prevented.
3. Hubwise
The following Third Party Terms (the “Hubwise Terms”) apply to the platform and technology infrastructure (including the Supplier’s “Weathlink” integration, the related integration screens within the Subscribed Services and the associated technology forming the “Wealthlink” integration) (the “Hubwise Platform”) developed by Hubwise Securities Limited (“Hubwise”), which is used to deliver a regulated custody and administration service, online order routing service and other administrative services (“Hubwise Services”) to Customer and its Authorized Users, including, for clarity, retail clients of Customer, via Supplier’s “Wealthlink” integration or otherwise through the Subscribed Services. The parties agree that the Hubwise Platform and Hubwise Services are Third Party Services.
In order to access the Hubwise Platform and Hubwise Services, Customer is required to have entered into an agreement directly between Hubwise for the provision of the Hubwise Platform and Hubwise Services, which Customer agrees may be entered into via a click-through or similar online agreement (“Hubwise Adviser Agreement”). Supplier shall have no liability to Customer or any Authorized User, or be responsible for any damages, with respect to any Customer’s or Authorized Users’ use of the Hubwise Platform or Hubwise Services. The parties agree that Supplier is not responsible for the Hubwise platform and Hubwise Services or for the accuracy, completeness, integrity, or security of the Hubwise Platform, Hubwise Services or content made available therefrom. For clarity, Customer’s and its Authorized Users’ receipt and use of the Supplier’s Services shall be governed by the Agreement.
Any performance of, or changes to, the Hubwise Platform and Hubwise Services, including their nature, type, availability, incompatibility, degradation or interoperability with features of the Supplier’s Services are outside the control of Supplier and do not affect Supplier’s liability or Customer’s obligations under the Agreement, and Customer will not be entitled to any refund, service credit or other compensation due to any such performance or changes;
Supplier does not grant to Customer or any Authorized Users any right or license to, in or under any Intellectual Property Rights in or to the Hubwise Platform or Hubwise Services and Customer is solely responsible for ensuring it has obtained adequate rights to use and access the Hubwise Platform and Hubwise Services from Hubwise. Customer agrees that Hubwise shall have no liability to any Customer or any of its Authorized Users or otherwise be responsible for any damages with respect to any Customer’s or its Authorized Users’ use of the Supplier’s Services.
Customer shall have the right to grant access to the Subscribed Services’ personal finance portal to Customer’s retail clients and such retail clients will be able to view the status of their portfolios through such personal finance portal. The parties agree that: (i) Authorized Users will place orders directly via Hubwise using the Hubwise Platform and Hubwise Services; (ii) all orders will be placed by Customer; and (iii) all orders are not carried out or placed under the Agreement.
Customer agrees, on behalf of itself and its Authorized Users, that Supplier and Hubwise may provide to each other all data that: (a) is provided by Customer or its Authorized Users to Supplier or Hubwise; (b) is otherwise uploaded by Customer or its Authorized Users, or hosted, on any part of the Subscribed Services, Hubwise Platform or Hubwise Services; (c) is information about or results from Customer or its Authorized Users’ use of the Subscribed Services, Hubwise Platform, or Hubwise Services; or (d) Supplier is otherwise required or permitted to generate, collect, use, process, store or transmit in connection with or under the Agreement. Customer warrants that it has taken all necessary steps (including providing all necessary notices and obtaining all necessary consents) to enable such disclosure and use to occur. Customer acknowledges that, in relation to the Hubwise Services, Hubwise is not Supplier’s sub-processor and the processing of such data shall be subject to the Hubwise Adviser Agreement.
Customer and its Authorized Users shall not provide, distribute or display any information received through the Hubwise Platform or Hubwise Services to any other person. Customer and its Authorized Users shall be responsible for the payment of any additional fees or penalties resulting from redistribution or other misuse of such information that are imposed by the third party providers of such information. Customer shall not, and shall not permit any Authorized User or any other party to: (a) interfere with the Hubwise Platform or Hubwise Services or the data contained therein; (b) gain unauthorized access to the Hubwise Platform or Hubwise Services; (c) use any access or systems made available under Hubwise Adviser Agreement to: (i) knowingly send or store malicious code; (ii) be a target for vulnerability scans or penetration tests; or (iii) exercise any rights with respect to the Hubwise Platform or Hubwise Services other than those expressly granted in the Hubwise Adviser Agreement; (d) remove or alter any product identification, proprietary, confidentiality, copyright or other notices placed upon or in the content or outputs of the Hubwise Platform or Hubwise Services unless Hubwise otherwise expressly agrees; (e) introduce anything knowingly into the Hubwise Platform or Hubwise Services, including any computer program code, computer virus, computer worm, trojan horse, authorization key, license control utility or software lock, which is intended by any person to, is likely to, or may impair the operation of the Hubwise Platform or Hubwise Services or cause loss of, or corruption or damage to, any program or data held in the Hubwise Platform or Hubwise Services;(f) directly or indirectly copy, reproduce, remanufacture, distribute, license, translate, convert, modify, reverse engineer, decompile, disassemble or in any way duplicate all or any part of the Hubwise Platform or Hubwise Services unless otherwise expressly permitted by the Hubwise Adviser Agreement; (g) use the Hubwise Platform and Hubwise Services outside of the United Kingdom except as otherwise expressly set forth in the Hubwise Adviser Agreement; or (h) attempt or agree to do any of the foregoing.
In the event that Customer becomes aware of any actual or suspected breach, misuse, acquisition, misappropriation, compromise or release, or unauthorized access to, disclosure, use or modification, of the Hubwise Platform or Hubwise Services (a “Hubwise Breach Event”), the Customer shall: (a) notify Supplier in writing without undue delay after the Customer learns of such Hubwise Breach Event; (b) provide reasonable assistance to Supplier, Hubwise and any third party retained by them in connection with any investigation that Supplier or Hubwise may desire to conduct with respect to such Hubwise Breach Event; and (c) at Customer’s sole cost and expense, take all actions reasonably required to promptly limit, stop and remediate the Hubwise Breach Event, including all actions required by applicable laws, rules and regulations.
4. Amazon Simple Storage Service (Amazon S3) offered by Amazon Web Services (AWS)
If Customer requests the Subscribed Service to be linked with Customer Amazon S3 object storage service, (i) all documents Customer or its Authorized Users upload to the Subscribed Service will be automatically stored in Amazon S3, and (ii) Customer will be required to sign up for and maintain Amazon S3 services by contracting directly with AWS. The parties agree that Amazon S3 is a Third Party Service and Supplier will have no responsibility with respect to any Losses arising out of Amazon S3 or Customer’s or its Authorized Users’ use thereof.
5. RingCentral
All RingCentral call recording products or services (“RingCentral Services”) are subject to the following Third Party Terms. The parties agree that the RingCentral Services are Third Party Services.
Customer agrees that the RingCentral Services will require Customer to enter into an additional contract directly with RingCentral to be able to use the RingCentral Services. Supplier will have no responsibility with respect to any Losses arising out the RingCentral Services or Customer’s or its Authorized Users’ use thereof and Customer agrees that Supplier is not granting Customer any rights with respect to the RingCentral Services. Customer shall pay the Charge set out in the Order Form or in the intelliflo store to Supplier, for each RingCentral User who is given access to the RingCentral Services. A “RingCentral User” is defined by the telephone number for which the call recording is being used and each telephone number which has calls recorded for it will be classed as a RingCentral User for the purposes of such Charges. For clarity, a RingCentral User is not the same as an Authorized User of the Supplier’s Services – they are distinct from each other.
The parties agree that (i) Supplier is not a party to any contract between Customer and RingCentral, (ii) Supplier accepts no responsibility and does not provide any warranty for the RingCentral Services or any other services Customer purchases from RingCentral, (iii) it is Customer’s responsibility to ensure it has a valid contract with RingCentral to use the RingCentral Services, and (iv) RingCentral will separately invoice Customer directly for the RingCentral Services that it provides (in addition to any Charges Customer owes to Supplier in connection with RingCentral Users).
6. Fund Data
Underlying fund data and market data feeds for the Price Feed and Fund Analysis modules, including all prices, price histories and other data, (“Fund Data”) is currently provided by: (a) where Supplier is Intelliflo Limited, Financial Express Investments Limited and (b) where Supplier is Intelliflo Australia Pty Ltd., Morningstar Australasia Pty Ltd (the “Data Provider”). Customer agrees that Supplier may change the Data Provider from time to time and without notice. All Fund Data remains the property of the Data Provider and is only non-exclusively licensed to Customer under this Agreement as part of the Price Feed and Fund Analysis modules while Customer maintains a subscription for the Price Feed and Fund Analysis modules. The parties agree that the Fund Data is a Third Party Service. Customer must ensure that Customer has all third party permissions and licenses required to access and use the Fund Data. Customer may not redistribute or extract the Fund Data for any purpose other than for disseminating the Fund Data to its Authorized Users in the normal course of Customer’s financial services business. Upon termination of this Agreement, the Fund Data can no longer be used for any purpose. Neither Supplier nor the Data Provider represent or warrant the accuracy or completeness of the Fund Data. Supplier is not the supplier of the Fund Data and is not responsible for the Fund Data. To the maximum extent permitted by law, Supplier disclaims all warranties and representations, express or implied, in relation to the Fund Data and any data contained therein, including any warranty or representation that the Fund Data or any portion thereof is complete, error-free, accurate, fit for any particular purpose, or will be continuously available. Customer agrees to indemnify and hold Supplier harmless against any Losses Supplier suffers as a result of any use of the Fund Data by Customer or its Authorized Users in contravention of the Fund Data Third Party Terms set forth in this Section (except to the extent that such Loss was caused by Supplier).
Where Morningstar Australasia Pty Ltd is the Data Provider, the following additional Third Party Terms will apply to the Fund Data:
Customer acknowledges and agrees that only the following categories of Authorized Users are permitted to use the Fund Data:
- licensed advisers who are Authorized Users of the password protected Subscribed Service (“Category Two Authorized Users”);
- support staff or paraplanners working on behalf of Category Two Authorized Users (“Category Three Authorized User(s)”); and
- clients of Category Two Authorized Users who will have access to the password protected Subscribed Service through reports generated by Category Two Authorized Users (“Category Four Authorized User(s)”).
Category Two Authorized User(s) may use the Fund Data via the Subscribed Service only as follows:
- may access and use the Fund Data, as made available via the Subscribed Service for the purpose of internal research and analysis including producing reports in electronic or hardcopy form and distributing these reports on a one-on-one basis to Category Four Authorized Users. For clarity, Category Two Authorized Users may not otherwise distribute the Fund Data or make it available to any other person.
Category Three Authorized User(s) may use the Fund Data via the Subscribed Service only as follows:
- may access and use the Fund Data, as made available via the Subscribed Service for the purpose of internal research and analysis including producing reports in electronic or hardcopy form and distributing these reports on a one-on-one basis to Category Four Authorized Users. For clarity, Category Three Authorized Users may not otherwise distribute the Fund Data or make it available to any other person.
Category Four Authorized User(s) are authorized to use the Fund Data as contained in Subscribed Service Output only as follows:
- may access and use the Subscribed Service Output provided by Category Two Authorized Users or Category Three Authorized Users for the purpose of research and monitoring of their own investments only but are otherwise not permitted to download or distribute the Fund Data. Category Four Authorized Users cannot use the Fund Data in the course of providing advice to any other person. “Subscribed Service Output” means the information generated by the Subscribed Service including Internet webpage reports, documents, spreadsheets, graphs, charts, and other materials, whether in printed, electronic or any other form, that contain or embody the Fund Data or any portion thereof.
Customer acknowledges the below attribution, and agrees that if Customer (or any of its Authorized Users) use the Fund Data to extract any content, analysis, or commentary, Customer must ensure the below attribution is displayed:
- “© 2021 Morningstar, Inc. All rights reserved. The information contained herein: (1) is proprietary to Morningstar and/or its affiliates (collectively, “Morningstar”) and/or their content providers; (2) may not be copied or distributed; and (3) is not warranted to be accurate, complete or timely. Neither Morningstar nor its content providers are responsible for any damages or losses arising from any use of this information. Past performance is no guarantee of future results.”
Where Authorized Users are ‘retail clients’ in Australia (as that term is defined in the Corporations Act 2001 (Cth) (“Corporations Act”)), Authorized Users shall note that the Fund Data is provided by the Data Provider and information regarding the Data Provider, including the Data Provider’s Financial Services Guide, is available from www.morningstar.com.au .
Other than as expressly set out in above, Authorized Users shall have no other rights to use, display, or redistribute the Fund Data. For absence of doubt, Authorized Users are not permitted to make the Fund Data, or any data contained therein available to any resellers or information vendors, absent the Data Provider’s express written consent to the contrary.
Supplier will notify Customer if Customer is required to enter into an agreement directly with the Data Provider or other data providers to access and use the Fund Data (or other fund data and market data).
Customer acknowledges and agrees that Charges for the Data may change during the Subscription Term and agrees to pay any incremental Charges for the Fund Data.
If the Fund Data includes any additional Third Party Services, and Customer may be required to accept additional Third Party Terms and pay additional fees to Third Party Service Providers.
Customer and each of its Authorized Users acknowledges and agrees that neither the provision or content of the Fund Data; nor any accompanying material shall constitute the provision of ‘personal advice’ (as that term is defined in the Corporations Act) in relation to any ‘financial product’ (as that term is defined in the Corporations Act) and acknowledges and agrees that, to the extent that any of the content contained in the Fund Data or the accompanying material constitutes ‘advice’:
- it is ‘general advice’ (as that term is defined in the Corporations Act) that has been prepared by the Data Provider without reference to any individual’s objectives, financial situation or needs;
- before making any investment decision in relation to any financial product referred to in any such advice, an individual should consider the appropriateness of the advice to their circumstances, and obtain specific financial, legal and taxation advice;
- if applicable, all potential investors should obtain the relevant product disclosure statement relating to the financial product in which they are interested and consider it before making any decision to invest; and
- past performance of financial products is not a reliable indicator of future performance.
Except as otherwise specifically provided by law, neither Supplier nor the Data Provider, and none of their content providers, shall be responsible for any investment decisions or for any damages or other losses resulting from the use of the Fund Data or accompanying material or their content. Neither Supplier nor the Data Provider warrant that the Fund Data complies with the requirements of any exchange, regulatory agency or other organisation. Customer and its Authorized Users are solely responsible for obtaining any necessary approvals to use the Fund Data or any portion thereof.
Supplier may suspend or terminate Customer’s, or any Authorized Users’, rights to access the Fund Data at any time if: (a) Supplier reasonably believes that Customer, or its Authorized Users, has contravened any portion of the Fund Data Third Party Terms; or (b) Supplier is no longer authorised to provide the Fund Data to Customer or its Authorized Users.