This site is owned and operated by DDQINVEST Ltd (“DDQINVEST”). DDQINVEST is a company registered in England and Wales (company number 10961753).
By using or accessing our site or services, including the DDQINVEST Feed, (whether as a guest or a Member) you confirm your agreement to these terms of service (“Terms”). Your use of our site is at all times subject to these Terms (which form a binding contract between DDQINVEST and you). If you do not agree to these Terms, do not use our site. Other terms may also apply to your use of our site and services as set out in a separate agreement between us or between us and your employer.
The DDQINVEST Privacy Policy forms a part of this Agreement and explains how information collected while becoming a Member or, in limited circumstances, whilst using our site as a non-Member, may be used by DDQINVEST and its partners. By using our site, you confirm that you have read the DDQINVEST Privacy Policy and you warrant that all data provided by you is accurate.
Terminology
“App” means the DDQINVEST software application from time to time downloadable from a third-party app store (whether or not for payment) to enable you to use our site from the device to which the software application is downloaded.
“DDQINVEST”, “we” or “our” – DDQINVEST Limited.
“DDQINVEST Feed” – any Content downloaded for display on your website in accordance with the license set out in section 5 below.
“DDQINVEST Privacy Policy” – our privacy policy available at http://www.DDQINVEST.co.uk/legal/privacy.aspx. as amended from time to time.
“Content” – All information, data, graphics, and services found on our site, including Feed Content.
“Content Standard” – the content standard set out in Clause 8.
“Contribution” – any (i) uploading, editing, modification, or submission of material or information to our site that you carry out or cause to be made; and/or (ii) contact that you make or cause to be made through our site with any other user(s) of our site.
“Feed Content” – any headlines, active links or other source identifiers that you specifically select to receive via the DDQINVEST Feed.
“Intellectual Property Rights” means copyright (including rights in databases), know-how, trade secrets, trademarks, and other similar rights in each case whether registered or not and as may be exercised in any part of the world.
“Member” – A user of our site that has created an account.
“site” – the sites listed here together with any other sites operated by DDQINVEST or its affiliates.
2.1 Members must protect and keep secret their password at all times and must not allow any third party directly or indirectly to use their membership, username, or password.
2.2 You confirm that you are acting in a professional business capacity in entering into these Terms, and are not acting as a consumer.
2.3 You warrant that the registration information you have provided is complete and accurate, including in relation to the identity of the business you have registered on behalf of.
3.1 DDQINVEST reserves the right to modify, alter, change or withdraw any part of the site, whether temporarily or permanently, with or without notice to you and you confirm that any such modification, alteration, changes, or withdrawal by DDQINVEST shall be without any liability to you.
4.1 Subject to the license set out in clause 5 you must not copy, reproduce, modify, create derivative works from, transmit, distribute, publish, summarise, adapt, paraphrase or otherwise publicly display any Content or the App without the specific written consent of a director of DDQINVEST. This includes, but is not limited to, the use of Content for any form of news aggregation service or for inclusion in services that summarise articles, the copying of any fund manager data (career histories, profiles, ratings, rankings, etc) either manually or by automated means (“scraping”).
4.2 All Intellectual Property Rights in and to our site (including the Content) is owned by DDQINVEST or our third-party licensors. No rights are granted to you in relation to such Intellectual Property Rights other than the limited license rights expressly set out in clause 5.
4.3 Content is protected by copyright laws and treaties around the world. All such rights are reserved. Images and videos used on our websites may come from various third-party image libraries. For credit information relating to specific images where not stated, please contact marketing@ddqinvest.com
5.1 Subject to the terms of this Agreement, DDQINVEST grants you a non-transferable, non-sublicensable, royalty-free, non-exclusive limited license to use our site on the following conditions:
(i) you may, subject to clauses 5.3, 5.4, and 5.5, display Feed Content on your website and on other websites in respect of which you have obtained all necessary permissions and authorizations to display Feed Content on;
(ii) you shall not copy, display, reproduce or create derivate works from any Content (other than Feed Content to which clause 5.1(i) applies); and
(ii) nothing in these Terms grants you any right to use DDQINVEST’s logo, brand, or trademarks on your Site or elsewhere.
5.2. You must ensure that all Feed Content displayed on any websites pursuant to clause 5.1 has an accreditation to DDQINVEST as follows: “DDQINVEST information is proprietary and confidential to DDQINVEST Financial Publishers Ltd (“DDQINVEST”). It may not be copied. DDQINVEST excludes any liability arising out of its use.”
5.3 Unless otherwise specifically agreed in writing by DDQINVEST, you may not directly or indirectly charge users specifically for accessing Feed Content or otherwise commercialize Feed Content. You shall not resell or otherwise commercialize the Content in any way (other than the limited rights in relation to Feed Content set out in clause 5.1).
5.4 You must create a functional link back to the DDQINVEST story(ies) summarised by the Feed Content. If you are displaying the Feed Content where a functional link back to DDQINVEST is not possible, you must display on-screen the URL from which the Feed Content can be obtained. You may not directly or indirectly change, edit, add to or produce summaries of or derivative works from Feed Content or any content on the DDQINVEST website nor place any full-story DDQINVEST content in an HTML (or any other markup language) frame-set.
5.5 You may not directly or indirectly suggest any endorsement or approval by DDQINVEST of your website or any non-DDQINVEST entity, product or content, or any views expressed within your website or service.
5.6 You acknowledge that DDQINVEST has absolute editorial control over all Content and you accept that DDQINVEST is editorially independent and that the editorial integrity of Content is the sole responsibility of DDQINVEST.
5.7 Should you receive any inquiries which relate to DDQINVEST or the DDQINVEST Content you shall promptly refer such inquiries to DDQINVEST.
5.8 You acknowledge and agree that we own all rights of whatever nature in and to the App. DDQINVEST grants you a non-transferable, non-sublicensable, royalty-free, non-exclusive limited license to (i) download the App to your device from the app store where it is lawfully held; and (ii) use the App for the purpose of accessing our site on these Terms. You are granted no other rights in relation to the App and all rights not expressly granted are reserved by us. You acknowledge and agree that DDQINVEST has no responsibility for or in relation to the app store from which you downloaded the App and has no obligation to maintain the App. The App is supplied ‘as is and neither DDQINVEST nor anyone else makes any representation, warranty, condition, or other commitment (whether express or implied, by statute, common law, collaterally or otherwise) of any kind in relation to the App. Neither DDQINVEST nor anyone else will have any liability of whatever nature (whether in contract, negligence, or other tort or otherwise) in relation to the App. You will not reverse engineer, decompile or otherwise endeavor to obtain the source code to the App (save to the extent that you cannot be prohibited from so doing under applicable law).
6.1 Whenever you make any Contribution you must comply with the Content Standards.
6.2 Subject to these terms of use, DDQINVEST acknowledges and agrees that you retain ownership of all your intellectual property rights to your Contributions, and no intellectual property rights shall be assigned from you to DDQINVEST.
6.3 You grant DDQINVEST a perpetual, royalty-free, non-exclusive, perpetual (which for the avoidance of doubt means continuing after this Agreement), irrevocable, transferable, worldwide license to use, copy, distribute, display, disclose and sell to third parties any Contribution (in whole or in part) for any purpose. These activities include but are not limited to editing or creating derivative works of any Contribution.
6.4 To the maximum extent permitted by applicable law, you irrevocably and unconditionally waive all moral rights to any Contribution.
6.5 You acknowledge and agree that (i) we have the right to remove or edit any Contribution you make on our services, including modifying and adapting it for operational and editorial reasons, with or without showing or marking that the Contribution has been removed or edited; and (ii) we have the right to disclose your identity to any third party who is claiming that any Contribution constitutes a violation of their intellectual property rights, or of their right to privacy.
6.6 DDQINVEST does not moderate or actively review Contributions. Therefore all Members and visitors to the site should treat any Contributions with caution. You accept (i) that we are not responsible for the content of Contributions; (ii) that we do not endorse any of the material contained in them; and (iii) DDQINVEST does not check the accuracy of information supplied by Members in their profiles.
7.1 You may use our site only for lawful purposes. You may not:
(i) use our site in any way that breaches any applicable local, national, or international law or regulation;
(ii) use any materials, data, or information which you have obtained from the site in any manner which, in DDQINVEST’s reasonable opinion, is derogatory, damages DDQINVEST’s reputation, or takes advantage of it in any way;
(iii) use our site in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(iv) use our site to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
(v) subject to Clause 5, deep-link to any portion of our site for any purposes without the prior written permission of DDQINVEST;
(vi) perform any automated use of our site, such as but not limited to, using robots, spiders, scripts to create Contributions, to extract any of the content of our site through such means as ‘screen scraping’, ‘database scraping’ or otherwise;
(vii) violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to our site;
(viii) use this service as research or support for, or to inform your own or your company’s or employer’s subscription-based service, or any subscription-based service without obtaining a license from DDQINVEST in writing, such license to be on commercial terms agreed by the parties;
(ix) use our site (or any of the Content) for the purpose of building a database or to use this for your own commercial exploitation by its inclusion in your own activities and/or services without obtaining the written approval of DDQINVEST in advance of its publication;
(x) interfere with, disrupt, or create an undue burden on our services or the network or services connected to our site;
(xi) engage in, either directly or indirectly, or encourage others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent;
(xii) collect information from our site and incorporate it into your own database or products; or
(xiii) use our services 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 any computer software or hardware.
7.2 Use of the Printable Version facility is for private purposes only EXCEPT ONLY In the case of financial intermediaries, wealth managers, or other entities or individuals providing investment advice to clients the printable version can be used to aid such services.
8.1 These content standards apply when you make a contribution to the site. These content standards apply to each part of any Contribution as well as to its whole.
8.2 Contributions must:
(i) be accurate (where they state facts);
(ii) be genuinely held (where they state opinions); and
(iii) comply with applicable law in the UK and in any country from which they are posted.
8.3 Contributions must not:
(i) infringe or promote infringement of any copyright, database right, trademark or other intellectual property right of any other person (including, promoting or offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial registration numbers for software programs, rights management information or any type of cracker utilities);
(ii) contain intentionally made false or misleading statements;
(iii) offer to buy, sell or broker an investment;
(iv) violate the rules of the London Stock Exchange or breach insider dealing regulations or confidentiality agreements;
(v) involves commercial activities and/or sales without prior written consent from us such as contests, sweepstakes, group-buying, advertising, or pyramid schemes;
(vi) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(vii) contain any material or link to material which:
(viii) use invalid or forged headers to disguise the origin of any Contribution, or otherwise misrepresenting yourself or the source of any Contribution;
(ix) use our site to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam);
(x) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(xi) give the impression that they emanate from DDQINVEST or a DDQINVEST employee, administrator or moderator, or another user of our site; or
(xii) advocate, promote, or assist any illegal activity.
9.1 You agree that you are responsible for your own investment decisions and that you are responsible for assessing the suitability and accuracy of all information and for obtaining your own advice thereon. You recognize that any information given on our site is not related to your particular circumstances. Circumstances vary and you should seek your own advice on the suitability to them of any investment or investment technique that may be mentioned.
(a) We do not provide, and no Content constitutes investment advice;
(b) You will not treat or represent Content as investment advice;
(c) We do not recommend or endorse any product;
(d) Content is not intended to address your particular requirements. We are not aware of circumstances specific to you and which could influence which financial products are more or less suitable for you and do not represent that we are aware of any such circumstances. We do not recommend that any particular product is suitable for you;
(e) No Content constitutes or should be interpreted as a solicitation to engage in any investment activity;
(f) Any investment decision made by you is entirely at your own risk;
(g) Subject to paragraph 11, we shall not be liable for any losses, cost or expenses which may be incurred by you as a result of any investment made;
(h) You may not use the Content in or generate based on the Content, any advice, recommendations, guidance, publications, or alerts made available to your clients or other third parties;
(i) Whilst we try to ensure the Content is accurate and up to date, we cannot be responsible for any inaccuracies in Content. We are under no responsibility to provide you with access to any additional information or to update the site, even if inaccuracies become apparent.
9.2 The fund manager performance analyses and ratings provided on this website are the opinions of DDQINVEST as at the date they are expressed and are not recommendations to purchase, hold or sell any investment or to make any investment decisions. DDQINVEST’s opinions and analyses do not address the suitability of any investment for any specific purposes or requirements and should not be relied upon as the basis for any investment decision.
9.3 Persons who do not have professional experience in participating in unregulated collective investment schemes should not rely on material relating to such schemes.
9.4 Past performance of investments is not necessarily a guide to future performance. Prices of investments may fall as well as rise.
9.5 Persons associated with or employed by DDQINVEST may hold positions or take positions in investments referred to in this publication.
9.6 DDQINVEST operates a policy of independence in relation to matters where the operators may have a material interest or conflict of interest.
10.1 DDQINVEST will use reasonable endeavors to maintain the site. You will not be eligible for any compensation because you cannot use any part of the site or for any failure of the site as a result of an event beyond DDQINVEST’s reasonable control.
10.2 Neither DDQINVEST nor its employees assume any responsibility or liability for the accuracy, completeness, or availability of the information contained on our site.
10.3 Neither DDQINVEST nor anyone else makes any representation, warranty, condition, or other commitment of whatever nature in relation to any information obtained by you through use of this Site. You acknowledge and agree that any information that you receive through the use of the site is provided “as is” and “as available” basis without representation or endorsement of any kind and is obtained at your own risk.
10.4 You agree that you are solely responsible for any damage to your computer system and/or loss or damage to your data files through the use of this Site or by the use of links on the site to external information.
10.5 To the maximum extent permitted by law, DDQINVEST excludes all representations, warranties, conditions, or other terms, whether express or implied (by statute, common law, collaterally or otherwise) in relation to the site or otherwise in relation to any Content or Feed, including without limitation as to the satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, accuracy, or completeness.
To the maximum extent permitted by law, DDQINVEST will not be liable in contract, tort (including negligence), or otherwise for any liability, damage, or loss (whether direct, indirect, consequential, special, or otherwise) incurred or suffered by you or any third party in connection with our site, or in connection with the use, inability to use, or results of the use of our site, any websites linked to it or any materials posted on it or otherwise in relation to any Content or Feed. DDQINVEST does not limit liability for fraudulent misrepresentation or for death or personal injury arising from DDQINVEST’s negligence.
DDQINVEST may change the Terms from time to time. Any such changes will be incorporated on our site. Changes will take effect 30 days after notification. Your continued use of any part of the site following such change shall be deemed to be your acceptance of such amended Terms. You acknowledge that you are solely responsible for checking these Terms from time to time to see the changes which have been made to these Terms. If you do not accept any such changes you should stop using our site.
13.1 You agree that DDQINVEST may terminate your membership or the agreement constituted by these Terms (as DDQINVEST may choose) and restrict your access to the site (or part thereof) without prejudice to any other rights or remedies that DDQINVEST may have if DDQINVEST is of the reasonable opinion that you have breached these Terms or acted inconsistently with the spirit of these Terms.
13.2 You agree to indemnify DDQINVEST against any and all actions, claims, costs, proceedings, losses, damages, or liabilities arising from your use of the site (including without limitation Contributions) and/or in relation to any information or data you use or access by means of the site.
13.3 You acknowledge that a breach of these Terms may give rise to civil damages and criminal penalties. DDQINVEST reserve the right to take action against you to uphold these Terms and their rights, which may involve pursuing injunctive proceedings.
The agreement constituted by these Terms is governed by and shall be construed in accordance with the laws of England and you hereby submit to the exclusive jurisdiction of the English courts in the event of any dispute in connection with the site or these Terms.