Company and Asset Manager Account Terms and Conditions
Terms of use for our Site – Subscribed Entities
This page (together with the documents referred to on it) tells you the terms of use on which a Subscribed Entity may make use of our website at www.profilir.com or such other site as we may from time to time use to provide the Services to you (our site) and any information products and services made available on or from or through our site by us, including the Subscribed Services as defined below (collectively the Services).
Your legal agreement with us is made up of the terms of use set out in this document, our Privacy Policy , the Services Pricelist and the User Guidelines (collectively, the Terms). The Terms form a legally binding agreement between Profilir and the entity named as the Subscribed Entity (“you” or “your”) in the online registration submitted by your Account Owner (as defined below) and in relation to your use of the Services, and you will be bound by the Terms upon the first of your Users clicking ‘accept’. You should therefore ensure your Account Owner has (i) the necessary authority to accept the Terms on your behalf; and (ii) read the Terms carefully before clicking ‘accept’ on your behalf.
By you and/or your Users using our site, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to our Terms, please refrain from using our site at all.
For the purposes of these terms of use:
Content - Includes any and all text, reports, graphs, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and other materials you may view on, access through, or contribute to our site.
Non-Subscriber Access - As defined in paragraph 4.5 of these terms of use.
Services Pricelist - The list of Services and pricing which can be viewed by following the link below and which may be updated by us from time to time.
Subscribed Entity - The company or other legal person set out in the applicable online registration submitted by the Account Owner that by and through a Account Owner, subscribes and pays for access to the Services.
Account Owner - The Subscribed Entity’s nominated administrator for the purposes of the Services and these terms of use, who shall without limitation be responsible and provide a sole point of contact for administering and managing User access to the Subscriber Entity Account.
User - A natural person, with their own User ID, who is authorised by you to access the Services and post Content on our site on your behalf. For the avoidance of doubt, this includes the Account Owner.
User ID - As defined in paragraph 2.2.3 of these terms of use.
Information about us
www.profilir.com is a site operated by Profilir Limited (“we” “us” “our” “Profilir”). Profilir Limited is an Apex Group company. We are registered in England and Wales under company number 11333602 and have our registered office at 1 Old Barrack Yard, Knightsbridge, London, SW1X 7NP. Our VAT number is 169 0778 67.
We are not regulated by the Financial Conduct Authority and do not carry out any investment and/or authorised business.
Accessing our site; Licence
1.1. In consideration for your payment of the Subscription Fees, we will provide you and your Users with access to our site and the Services. Subject to the Terms and the subscription package selected by you, we grant you a limited, revocable, personal and non-transferable licence to access our site and receive the Services for the term of your subscription.
1.2. Access to our site is permitted on a temporary “as available” basis and we reserve the right to withdraw or amend the Services provided on our site without notice (see below). We will not be liable to the fullest extent permitted by law if for any reason our site is unavailable at any time or for any period.
1.3. From time to time, we may restrict access to some parts of our site, or our entire site, to Subscribed Entities who have registered with us.
1.4. We will use reasonable skill and care to provide the Services to you.
1.5. You are responsible for making all arrangements necessary for you and your Users to have access to our site and the Services. You are also responsible for ensuring that all of your Users who access our site and/or use the Services are aware of the Terms, and that they comply with them. Any failure by your Users to comply with the Terms shall constitute a failure by you to comply with the Terms.
Privacy Policy; Registration; Subscribed services
2.1 All information received by us from you or your Users’ use of our site will be used by us in accordance with our Privacy Policy (which can be viewed by following the link below). Please read this for details of how we may process the personal data of your Users. By using our site, you confirm you have obtained your Users consent to such processing and you warrant that all data provided by you and your Users is accurate.
2.2 In order to access some features of our site or other elements of the Services, you will need to nominate a Account Owner who will register for an online account with us (Subscribed Entity Account) by completing the online form. The Account Owner will have administration rights for your Subscribed Entity Account. For the purposes of registration, your Account Owner will have to:
2.2.1 certain details (such as their name, your name and a valid email address)
2.2.2 choose a unique user name and password (User ID)
2.2.3 confirm they have authority to act on your behalf
2.2.4 accept the Terms on your behalf.
2.3 On completion of the above process, we will send a verification email to the email address provided by the Account Owner and your Subscribed Entity Account will be activated by the Account Owner following the link set out in our email. Once activated, a contract will be formed between us and the Subscribing Entity and you will have a free subscription to our Standard subscription package in accordance with these Terms.
2.4 Once registered, your Account Owner may then (i) select a Bronze, Silver or Gold subscription package for paid Services from the relevant subscription page on our site; (ii) select the term of your subscription; and (iii) submit payment of the appropriate Subscription Fees.
2.5 By submitting your payment, you are making an offer to us to buy a subscription for Subscribed Services (as defined below) in accordance with the Terms. Your offer will only be accepted by us and a contract formed between us and the Subscribing Entity when we have successfully verified your payment details and notified you that your offer has been accepted, at which point we will provide your Account Owner with access to your subscription. We reserve the right to reject any offer in its discretion, for any or no reason.
2.6 When you purchase a subscription to the Services, you will have access to the particular functionalities and features of our site and the Services available within that subscription for your category of Subscribed Entity including those described in the Services Pricelist (Subscribed Services). As part of the Subscribed Services, and the licence granted under these terms of use, you will be entitled to a dedicated page where your Content can be made available and viewed (Subscribed Entity Page), and your Users will be given access to your Subscribed Entity Page as determined by your Account Owner. Please refer to the Services Pricelist for a description of what your subscription package entitles you to.
2.7 Profilir reserves the right to vary the amount of Content and Services that it makes available to different categories of Subscribed Entity from time to time.
2.8 Depending on your subscription package, your Account Owner will be entitled to link a certain number of additional Users within your organisation to your Subscribed Entity Account. However, each individual User must register for his or her own User ID to gain access to the Subscribed Entity Account. It will be the Account Owner’s responsibility to link up other Users within your organisation to your Subscribed Entity Account but these Users will only be given such functionality with respect to the Subscribed Entity Account as prescribed by the Account Owner and your Subscribed Services.
2.9 Subject to paragraph 2.8, you are not allowed to share your Subscribed Entity Account information (including your User ID) or give access to the Services or any Content through your Subscribed Entity Account to anyone else. You will procure that your Users comply with this provision, and keep their own User ID confidential. We may cancel or suspend your and your Users’ access to our site if you or your Users share your Subscribed Entity Account information or any User ID (except as allowed under these Terms) without further obligation or any liability to you.
2.10 You are responsible, both to Profilir and to any third party, for all use, activity and charges associated with or occurring under your Subscribed Entity Account (including that of any Users linked to your Subscribed Entity Account) and for preventing unauthorised use of your Subscribed Entity Account and User ID. We may rely on any activity taking place under or through your Subscribed Entity Account and may treat such activity as being authorised by you. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your User ID or any payment information, you must notify us immediately. We recommend that you and your Users do not select an obvious password and that you change it regularly.
2.11 In respect of any activity associated with or occurring under any User ID linked to your Subscriber Entity Account, you warrant and represent that:
2.11.1 the applicable User ID has the full right and authority to bind you in respect of such activity; and
2.11.2 you agree that you will remain fully liable in relation to the Terms in respect of such activity and the applicable User ID.
2.12 All information that you or your Users provide us with on registration must be accurate and complete and it is your responsibility to ensure your Users update and maintain changes to that information on the applicable www.profilir.com registration or subscription pages from time to time. Profilir is entitled to rely on any information you or your Users provide to us.
Subscription fees and taxes
3.1 For the current fees payable for subscribed Services and other features offered in connection with our site (Subscription Fees), please refer to our Services Pricelist. All Subscription Fees are shown inclusive of VAT. Profilir reserves the right to change the Subscription Fees it charges or introduce new fees from time to time provided Profilir will not increase the Subscription Fees payable by you at any time during the current term of your subscription. Unless otherwise notified to you, all Subscription Fees are payable in advance. Profilir will provide you with reasonable prior notice of any increase in the Subscription Fees payable. If you object to any such change, your only remedy is to cancel or opt out of renewing your subscription (refer to paragraph 4 below) prior to the change coming into effect. If you do not cancel your subscription within that period, you will be deemed to have accepted the change.
3.2 Unless stated otherwise by us, in order to purchase a subscription for the Services you must submit valid payment details (credit or debit card or bank account details) to our online system. We will not collect, process or hold any of your payment details at any time. Valid payments will be processed through a secure third party service provider on an external website. You may be required to accept the third party provider’s own terms and conditions relating to the use of their payment site before proceeding with payment of your Subscription Fees. The third party provider will notify you via email of the receipt of your payment and the commencement of your subscription, and an electronic invoice will be generated and sent to your Account Owner’s registered email address.
3.3 If any Subscription Fees or other charges billed to your credit or debit card or to your bank account are declined or unpaid for any reason, we will have the right to suspend your subscription until such Subscription Fees or other charges are paid in full. You agree to pay all costs (including legal fees) incurred by us in collecting any unpaid Subscription Fees plus interest on the overdue amount at the rate of 2% per annum above Barclays Bank Plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. Notwithstanding our other rights and remedies for non-payment in this paragraph, if payment in full is not received from you on the due date, we reserve the right to cancel your subscription. Subscription Fees will apply whether or not you or your Users actually use your subscription.
3.4 Your subscription may be renewed in accordance with paragraph 4 on the expiry of your subscription term (as applicable and as selected by your Account Owner). Unless you notify us otherwise, Subscription Fees and all other fees and charges associated with your subscription (including but not limited to any applicable taxes) will be billed automatically to the credit or debit card or bank account provided by your Account Owner at the time of registration for the Services. It is your responsibility to keep your billing details updated and notify us of any changes. For the purposes of any automatic renewal, we will assume that all of the information related to your credit or debit card or bank account remains valid and we will instruct our third party service provider to process the relevant Subscription Fees.
Termination, cancellation or renewal of your subscription
4.1 Subject to any conditions and cancellation fees noted in the Terms, you may cancel your subscription to our site at any time by downgrading to the Standard subscription package in accordance with clause 4.4. (if you have a paid subscription), and then by simply deleting your Subscribed User Account in the relevant company or asset manager profile page on our site.
4.2 No refund will be paid (and no cancellation fee will apply) in relation to any cancelled subscriptions, whether trial, month-to-month, or annual subscriptions.
4.3 Month-to-month paid subscriptions will continue to renew automatically until the next billing date after you notify us in accordance with clause 4.4 that you wish to downgrade to our Standard subscription. For the purposes of these terms of use, ‘billing date’ means the date in any calendar month that you commenced your paid subscription.
4.4 You may at least 72 hours prior to the next billing date for your current subscription term upgrade or downgrade your paid subscription by changing the details of your subscription package on the subscription page of our site. Your selected subscription package will take effect from the next billing date, and the Subscription Fees payable by you will automatically be increased or reduced, as relevant, to match your selected subscription package. If you select our Standard subscription package, your fees will be reduced to zero and you will no longer be invoiced for our Services.
4.5 If you cancel your subscription and delete your Subscribed User Account, you and your Users’ subscribed access to our site will be cancelled. Your Users may at any time independently register for and have access to the basic, free use of our site at no charge (Non-Subscriber Access). Non-Subscriber Access of our site is governed by separate terms and conditions which can be viewed by following this link.
4.6 We may cancel your subscription and terminate the Terms, immediately and without notice or liability (including for any refund or credit to you), if we determine, acting reasonably, that: (i) you or your Users have breached the Terms; or (ii) your use of or access to or your Users’ use of or access to our site violates any applicable law or regulation or otherwise unreasonably affects (in our sole discretion) any other user (whether a Subscribed Entity or otherwise); or (iii) you cease or threaten to cease trade, or become or are deemed insolvent, are unable to pay your debts as they fall due, have a receiver, administrative receiver, administrator or manager appointed or the whole or any part of your assets or business, make any composition or arrangement with your creditors or an order or resolution is made for your dissolution or liquidation (other than for the purpose of solvent amalgamation or reconstruction) or take or suffer any similar or analogous procedure, action or event (e.g. bankruptcy for individuals) in consequence of debt in any jurisdiction.
4.7 Without prejudice to our rights in paragraph 4.6, we may cancel your subscription and terminate the legal agreement established by the Terms for any reason on giving you 30 days’ prior notice provided that if Profilir is to cease or ceases generally to provide the Services, we will use all reasonable endeavours to provide you with notice of termination as soon as reasonably practicable. If we cancel your subscription and terminate our legal agreement under this paragraph 4.7, we will provide you with a pro rata refund of any Subscription Fees you have paid in respect of Services not received as at the effective date of cancellation.
Prohibited uses
5.1 You may use our site for lawful purposes only. You may not and must procure that each and every of your Users do not use our site:
5.1.1 in any way that breaches any applicable local, national or international law or regulation;
5.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
5.1.3 for the purpose of harming or attempting to harm minors in any way;
5.1.4 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
5.1.5 to collect or harvest any personal data of any user of our site or any Services, and agree that this shall be deemed to include any user account names; or
5.1.6 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.
5.2 You agree that you and your Users will not access without authority, interfere with, damage or disrupt:
5.2.1 any part of our site;
5.2.2 any equipment or network on which our site is stored;
5.2.3 any software used in the provision of our site; or
5.2.4 any equipment or network or software owned or used by any third party.
5.3 You agree that you will comply, and will procure that your Users comply, with all other provisions of the Terms, including without limitation the User Guidelines (which can be viewed by following the link below), at all times during your use of the Services.
5.4 You agree that you are solely responsible for, and that we have no responsibility to you or to any third party for, any breach of your or your Users’ obligations under the Terms and for the consequences (including any loss or damage which we may suffer or incur) of any such breach.
Content
6.1 As a Subscribed Entity, you are entitled to have your Users post Content to our site on your behalf. The amount of Content that your Users can view and place on our site depends on the subscription package you have. Please refer to the Subscribed Services for further details.
6.2 You retain all ownership rights in Content posted by your Users on your behalf, but you are required to grant limited rights of use to Profilir and other users of our site. These are described in paragraph 7 of these terms of use.
6.3 You understand and agree that you are solely responsible for any Content posted by your Users and the consequences of posting or publishing it. Profilir does not endorse any Content or any opinion, recommendation, or advice expressed therein, and Profilir expressly disclaims any and all liability in connection with Content.
6.4 You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable us to use your Content for the purposes of providing our site, and otherwise to use your Content in the manner contemplated by the Services and the Terms.
6.5 You agree, and will procure that your Users agree, not to post or upload any Content which contains material which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Services.
6.6 You agree that the Content your Users submit to our site on your behalf will not contain any third party material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal licence or permission from the rightful owner, or are otherwise legally entitled, to post the material in question and to grant us and other users of the Services the licence referred to in paragraph 6.9 below.
6.7 On becoming aware of any potential or actual violation of the Terms, we reserve the right (but shall have no obligation) to decide whether Content complies with the content requirements set out in the Terms and may without prior notice and at our sole discretion reject, edit or remove such Content and/or terminate you and your Users’ access for uploading Content which is in violation of the Terms at any time.
6.8 Your Users may, on your behalf, at any time and for any reason remove from your dedicated Subscribed Entity Page on our site any Content whatsoever (whether posted by your Users or any other person).
6.9 When your Users upload or post Content to our site on your behalf, you grant:
6.9.1 to us, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable licence (with right to sub-licence) to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Services and otherwise in connection with the provision of the Services and our business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels;
6.9.2 to each user of the Services, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free licence to access your Content through the Services, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the functionality of the Services and under the Terms.
Intellectual property rights
7.1 We are either the owner or the licensee of all intellectual property rights in our site and in the Content published on it (other than any Content submitted to our site by you or by your Users on your behalf). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 You must not, and you will procure that your Users do not:
7.2.1 use any part of the Content on our site for commercial purposes without obtaining a licence to do so from us or our licensors; or
7.2.2 download, copy, reproduce, duplicate, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any part of our site or any Content for any purpose not prescribed by these terms of use without obtaining our prior written consent or, where applicable, the consent of our licensors. Profilir and its licensors reserve all rights not expressly granted in and to their Content.
7.3 Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners.
7.4 If you or any of your Users use any part of our site in breach of the Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of third party Content you have made and must procure that your Users do the same.
7.5 You shall defend, indemnify and hold us harmless along with our officers, directors, employees, agents, and representatives against all losses, damages, costs, actions, proceedings, claims (including third party claims against us), demands, awards, fines, orders, liabilities and expenses (including legal and other professional fees and expenses) arising out of or in connection with your Users' submission of Content to us, our site and/or in the usage of the Services.
Reliance on information
8.1 Our site and the Services are made available to you and your Users for informational and/or educational purposes only. Nothing in or on our site is intended to amount to advice (whether professional, financial or investment advice or otherwise), recommendations or endorsements of any kind and you should not rely on our site in such a way. If you require financial advice, you should consider consulting an independent financial adviser or other suitably qualified professional. We disclaim all liability and responsibility arising from any reliance placed on the information contained on our site by you, your Users, or by anyone who may be informed of any of its contents.
8.2 You will be able to add your own disclaimers relating to your Content and your business on your dedicated Subscribed Entity Page.
Our site changes regularly
9.1 We aim to update our site regularly, and may change the functionality and content of our site at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the Content on our site may be out of date at any given time, and we are under no obligation to update such material.
Liability
10.1 Both the Content displayed on our site and the Services made available to you are provided on an “as is” basis without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
10.2 Subject to paragraph 10.4, we shall not be liable in connection with these Terms, 10.2 directly or indirectly, for:
a) loss of income, profit or revenue;
b) loss of business;
c) loss of anticipated savings;
d) loss of contracts;
e) loss related to unsuccessful investing or trading;
f) loss, damage or corruption of data;
g) loss of goodwill;
h) wasted time; and
i) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property.
10.3 Subject always to paragraph 10.2 and 10.4, the maximum aggregate liability we shall have to you (including your Users) in connection with your use of our site and the Services made available to you, whether arising out of or in relation to a breach of contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the greater of £10 and the Subscription Fees paid or payable by you during the month preceding the event giving rise to the relevant claim.
10.4 This paragraph 10 does not exclude or limit our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
10.5 You shall defend, indemnify and hold us harmless along with our officers, directors, employees, agents, and representatives against all losses, damages, costs, actions, proceedings, claims (including claims from Users), demands, awards, fines, orders, liabilities and expenses (including legal and other professional fees and expenses) arising out of or in connection with your Users’ use of the Services and our site.
Viruses, hacking and other offences
11.1 You must not, and must ensure that your Users do not:
11.1.1 misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful
11.1.2 attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site
11.1.3 attack our site via a denial-of-service attack or a distributed denial-of service attack.
11.2 You will be responsible for any breach of this provision by any of your Users. We may report any such breach to the relevant 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 and the right of your Users to use our site will cease immediately.
11.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your or your Users’ use of our site or downloading of any material posted on it, or on any website linked to it.
Linking to our site
12.1 Your Users may link to our home page, provided they do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not allow your Users to establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
12.2 You must not allow your Users to establish a link from any website that is not owned by you.
12.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
12.4 If you wish to make any use of Content on our site other than that set out above, please contact us with your enquiry via the “Contact Us” link on our site.
Linking from our site
13.1 Where our site 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, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
14.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of the Terms in your country of residence or any other relevant country.
14.2 The Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Variations
15.1 We may revise these terms of use at any time by amending this page. We will notify you if we make a significant change to these terms of use but you are expected to check this page from time to time to take notice of any changes we have made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.
Miscellaneous
16.1 Nothing in these Terms is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
16.2 No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
16.3 These Terms do not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
16.4 Except as expressly set out in these Terms, you may not (without our prior written consent) assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.
16.5 These Terms constitute the whole agreement between the parties and supersede any previous arrangement, understanding or agreement between them relating to the subject matter they cover. You acknowledge and agree that in entering into these Terms you do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in these Terms.
Your concerns
If you have any concerns about material which appears on our site, please contact us via the “Contact Us” link on our site.
