Terms & conditions

Please read these terms and conditions carefully.  They, together with the terms and conditions which relate to the NinetyOne Website and (together read as the Terms and Conditions), set out the terms under which NinetyOne operates the Indicator online valuation service (Service).  By registering to use the Service you agree to be bound by the Service Terms and Conditions and to follow them at all times.  If you have any questions please contact us at [email protected].

Please read the important information below.

1 Our Particulars

Ninety One UK Limited ("we", "us" and "our") is regulated by the Financial Conduct Authority in the United Kingdom. Registered in England number 2036094.  Registered office: 55 Gresham Street, London, EC2V 7EL.

2 Service Covered by these Terms and Conditions

2.1 Ninety One will provide you with access to the Service provided that you:
- register as a user
- are over 18 years old;
The Service is not intended for distribution to or use by any person or entity who is a citizen or resident in any country where distribution, publication availability or use of the Service would be contrary to public law.
You should Contact us immediately if you become aware of an error, potential error, failure or delay in the Service.

The details provided by you on registration are important and must be complete and correct. If there are any changes to your circumstances you must either change your details on the Service or Contact us.

2.2  We are able to offer you the ability to view the Service with us on our website at www.ninetyone.com
2.3  The form and content of the valuations to be provided under the Service (including the valuation date(s)) will be at our sole and absolute discretion and we may change them, or suspend the Service, at any time without notice or liability.
2.4  These Terms and Conditions are supplementary to and will not prejudice the binding nature of the other agreements between you and us including, in particular, any obligation of ours to provide you with periodic reports on your account(s) with us.  In the event of any inconsistency between these Terms and Conditions and such agreements then, in so far as such inconsistency relates to the Service, these Terms and Conditions will prevail.

3 Charges and Communications Equipment

There is no charge for your use of the Service. You are solely responsible for providing and maintaining the communications equipment (including, without limitation, personal computers and modems) required for accessing and using the Service and for all communications services, fees and charges incurred by you in accessing our website.

4 IDs, Account Numbers and Passwords

4.1 You will be issued with your password and username when you register with the Service which will provide you access to valuations of your account(s) with us (your "security codes").  We may from time to time change or restrict the use of your security codes without notice or liability.  You may change your security codes by notice to us.
4.2 You acknowledge and agree that you will be fully responsible for the confidentiality and use of your security codes. You must keep your security codes secret and must take all reasonable precautions to prevent unauthorised use of the security codes.  As a result you are fully responsible for all actions and activities that take place under your security codes.
4.3 You should immediately Contact us if you:
 
· know or suspect that someone else knows your security code;
· have forgotten your security code; or
· think that your security code may have been kept in any form which may allow others access to the Service.

If we have reason to think that there is likely to be a breach of security or misuse of the Service, we may disable the Service and inform you as soon as practically possible via e-mail. We may then give you the option to change your security codes, passwords and/or username. For more details of how our security systems work, please click on Security Policy.

5 Processing of Personal Data

5.1 In this section 5:
(a) "personal data" means data that relates to a living individual who can be identified from the data (either by itself or when it is combined with other data); and
(b) "Applicable Data Protection Laws" means any relevant legislation in force from time to time protecting the fundamental rights and freedoms of individuals and, in particular, their right to privacy with respect to the processing of personal data applicable to a data controller in the country or territory in which the data controller and/or data processor is established, including such laws as the Data Protection Act 1998, EU Directive 95/46/EC and EU Regulation (EU) 2016/679 (GDPR). 5.2 We may process personal data in connection with the Service. For the purposes of the Applicable Data Protection Laws, we are a controller in respect of this personal data and are responsible for ensuring that we process it in compliance with the Applicable Data Protection Laws.
5.3 We explain what personal data we will process, why and how we will process it, who we may share it with, and the rights that an individual has in respect of their personal data at the following location: Privacy Notice. In the remainder of this section 5, we refer to this as our "Privacy Notice".
5.4 If you are:
(a) an individual (data subject), the Privacy Notice applies to our processing of your personal data; or
(b) if you are a corporate entity (i.e. not an individual), the Privacy Notice applies to our processing of any personal data that you provide to us or that we otherwise process in connection with the Service.
5.5 You must ensure that any personal data you provide to us is accurate and up to date, and that you promptly notify us if you become aware that it is incorrect.
5.6 In respect of any personal data relating to a third party individual that you provide to us, you must:
(a) have satisfied a statutory ground under the Applicable Data Protection Laws permitting you to transfer the relevant personal data to us for its use in connection with the Service and in accordance with the Privacy Notice;
(b) have notified the third party individual that you are providing their personal data to us and explained the reasons for this;
(c) draw the attention of the third party individual to the Privacy Notice; and
(d) promptly notify the third party individual of any changes to the Privacy Notice that we notify to you.
5.7 Where you are a corporate entity (rather than an individual), you must take reasonable steps to notify your employees, officers, clients (and their associates, including family members), trustees, and beneficial owners that we may process their personal data in connection with the Service and in accordance with these Terms and Conditions. In addition, you must draw their attention to the Privacy Notice.

6 Liability and Indemnity

6.1 This Site should only be used for information purposes.  It is not advice and you should not rely on it to make (or refrain from making) any decision or take (or refrain from taking) any action.  Ninety One is not responsible for the Site’s accuracy or its fitness for a particular purpose or the reliability of the access to this Site.
6.2 Neither Ninety One, its affiliates, holding company, its directors, shareholders nor any of our associated companies, agents, licensors or delegates or our or their directors, officers or employees (each a "Relevant Person") will be liable for any damages, losses, costs, liabilities or expenses resulting from your use of or inability to use this Site or the information contained therein, including without limitation any direct, indirect, special incidental, consequential or punitive damages whether arising out of contract, statute, tort or otherwise.
6.3 In particular, and without prejudice to the generality of paragraph 5.2 above, you should be aware that the Internet is not a completely reliable or secure transmission medium and no Relevant Person will be liable for any losses, costs, liabilities or expenses (including, without limitation, loss of profit from special, incidental, consequential damages) incurred by you directly or indirectly from:
 (a) the non-availability of/or delay to the Service for any reason; or
 (b) any unauthorised person gaining access to your personal information through our website; or
 (c) errors in or omissions from the information available through the service
 (d) any defects or computer viruses or any other contaminating computer programme.
6.4 You agree to indemnify each Relevant Person against all losses, costs, liabilities or expenses (including, without limitation, loss of profit) incurred by us or them directly or indirectly in connection with a breach by you of these Terms and Conditions.
 6.5 Nothing in these Terms and Conditions excludes or restricts any obligation we or our associated companies have to you under the rules of the FCA, in whole or in part or requires you to indemnify us or them against any breach by us or them of such an obligation.
6.6 We do not accept any liability for any acts or omissions resulting from your decision or opinion formed on the basis of your use of the Site.

7 Information available via the Service

The Service contains information from a number of sources. Because of the nature of electronic distribution via the world wide web, we do not promise that the information is accurate, up to date or complete. Whilst we try to ensure that the content of the Service is correct we cannot guarantee that any information, content, advertisements or any other site, which you may access through the Service, is accurate, reliable or up to date.

The information, tools and material presented in this Service are provided to you for information purposes only and are not to be used or considered as an offer or the solicitation of an offer to sell or to buy or subscribe for securities or other financial instruments. Ninety One has not taken any steps to ensure that any information referred to in this Service are suitable for any particular investor. Accordingly, nothing in this Service including any opinions expressed should be regarded as a recommendation that any particular investor should sell, buy, subscribe for, hold or otherwise deal in any security and or any other financial instrument. The Service may not be reproduced in whole or in part or otherwise made available without the prior written consent of Ninety One.

Information and opinions via the Service have been obtained or derived from sources believed by Ninety One to be reliable, but Ninety One makes no representation as to their accuracy or completeness and Ninety One accepts no liability for loss arising from the use of the material presented in this report unless such liability arises under specific statutes or regulations. 

8 Availability of the Service

We cannot guarantee that the Service will be uninterrupted and error free.  We are not responsible if we are unable to provide the Service (or any part of it) for any reason which is outside our control.

Your access to the Service may occasionally be restricted to allow for repairs, maintenance or introduction of new facilities or services.  If this happens, we will attempt to restore the Service as soon as we reasonably can.

9 Your use of the Service

You must not use the Service in a way which causes or is likely to cause the Service to be interrupted, damaged or impaired in any way.
You may retrieve and display pages from the Service on a computer screen and may print individual pages and store pages in electronic form for your own personal, non-commercial use.

10 Amendment

We may amend these Terms and Conditions by notice to you or by conspicuously posting such amendments on our website. Any amendment which is made to reflect a change of applicable law or regulation may take effect immediately or otherwise as we may specify. Any other amendment will only take effect on such date as we will specify being at least 7 days (or 30 days in the case of a change in charges) after dispatch of the notice or posting on our website. If you use the Service after we have notified you of changes to these terms, you will be doing so subject to the new terms. You should therefore ensure that you read the amended terms.

11 Assignment and Novation - Terms and Conditions

Please read these terms and conditions carefully. They, together with the terms and conditions which relate to the Ninety One Website (together read as the Terms and Conditions), set out the terms under which Ninety One operates the Indicator online valuation service (Service). By registering to use the Service you agree to be bound by the Service Terms and Conditions and to follow them at all times. If you have any questions please contact us at [email protected].

12 Termination

We may suspend, restrict, reduce or cancel the Service immediately if you breach any of these terms.

We may cancel the Service at any time by giving you notice by email or by posting a notice on the website which will take effect immediately or after such period as may be specified in the notice.  If we cancel the Service you will not be able to continue to operate the Service.

You must compensate us for any damage, which we suffer, because of your breach of the Terms and Conditions.

13 Notices

13.1 All notices in connection with the Service must be in writing and may be given by post, fax or electronic mail to the address, fax number or electronic mail address last notified by the recipient.
13.2 Notices sent to us will be deemed received only if actually received by us.  Except as provided elsewhere, notices sent by us to you:
(a) by post will be deemed delivered seven days after posting; and
(b)  by fax will be deemed delivered immediately upon sending; and
(c)  by e-mail will be deemed delivered to you immediately upon us sending such notice, together with the electronic mail address last notified by you to us, to the relevant Internet service provider,
in each case whether or not actually received by you.

14 Joint Accounts

Where you comprise more than one person:
14.1 any notice given by or to you under the Service may be given by or to any one of you and that person may give us a final discharge in respect of our obligations; and

14.2 your liabilities under or in connection with these Terms and Conditions are joint and several.

15 General

15.1 We may employ agents selected by us on any terms we think appropriate.
15.2 Each provision of these Terms and Conditions is severable and if any provision is or becomes invalid or contravenes any applicable regulations, the remaining provisions will not be affected.
15.3 Where these Terms and Conditions create rights in favour of a third party, then we are entering into these Terms and Conditions as trustee for such third parties as well as on our own behalf.

16 Events beyond our control

We will not be liable to you for any delay or failure to comply with our obligations under these terms if the delay arises from any cause, which is beyond our reasonable control.

17 Risk Warnings

· Past performance is not necessarily a guide to the future.
· The value and income of any of the securities or financial instruments mentioned in this Site can fall as well as rise. 
· You may not get back the amount you invested.
· The favourable tax treatment of ISAs may be subject to changes in government legislation and as such may not be maintained.  You can reclaim a tax credit of 10% on dividends until 5 April 2004.
· The levels and bases of and reliefs from taxation changed in the last Budget and may change in the future.
· Rates of exchange may cause the value of investments to go up or down.
· Fluctuation may be particularly marked in the case of a higher volatility fund and the value of an investment may fall suddenly and substantially.
· For your protection telephone calls may be recorded.
· Information, opinions and estimates, contained in the Site reflect a judgement at its original date of publication by Ninety One and are subject to change.

The information on the Service should not be relied upon by you in making specific investment choices or other decisions. Any decision you take is your own responsibility and we will not be liable. If you are in doubt about any investment decision, you should obtain financial advice from a suitably qualified professional or financial adviser.

18 Governing Law and Jurisdiction

These Terms and Conditions are governed by English law and you and we each submit to the exclusive jurisdiction of the English courts.
18.1 The obligations under these Terms and Conditions bind, and the rights will be enforceable by, you and us and our respective successors, permitted assigns and personal representatives.
18.2 We may at any time cause all or any part of our rights, benefits and/or obligations under these Terms and Conditions to be transferred or novated to any associated company (including, without limitation, any holding, or subsidiary of Ninety One) by posting notification on this site.
18.3 Your rights under these Terms and Conditions are personal to you and not capable of assignment.