We are Puritas Limited, a company registered in Jersey under number 92519, whose registered office is at PO Box 179, 40 Esplanade, St Helier, Jersey, JE4 9RJ.

We will provide you with access to the Puritas Portal (the “Portal”) under the terms set out in these Terms of Use.

YOUR USE OF THIS PORTAL INDICATES YOUR AGREEMENT TO THESE TERMS OF USE. YOU SHOULD NOT USE THIS PORTAL IF YOU DO NOT AGREE TO THESE TERMS OF USE.

We recommend that you print a copy of these Terms for future reference.

You are allowed to use this Portal solely because your investments are managed or administered by an organisation which uses our software.

If you cease to be a client of that organisation or that organisation ceases to be licensed by us to allow you to use this Portal, you will no longer be able to use this Portal.

Please note that if you are acting for purposes relating to your trade, business, craft or profession, you will be a “Business Customer”. In all other cases, you will be acting as a “Consumer”. These Terms apply to both Business Customers and Consumers, except where certain provisions are said to only apply to one or the other.

You may use this Portal only to:

1. view and download information relating to yours (or your clients) investments;
2. provide or update your personal details (such as your address, email address, phone number and bank account details); and
3. the ability to place subscriptions, redemptions and transfers as transactions through the Portal.

Our Portal may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on our Portal do not represent our views or values.

The content on our Portal is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Portal.

Although we make reasonable efforts to update the information on our Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on our Portal is accurate, complete or up to date.

You may not use the Portal for anything else, including, but not limited to:

1. allowing any other person to have access to this Portal;
2. uploading any other information or material to this Portal;
3. attempting to modify, alter, enhance, configure or re-configure the Portal or merge it with, or incorporate it in, any other software,

You must keep strictly confidential, and not share with anyone else, any password or personal identification number which you use to access this Portal. If you suspect that anyone else is using your password or personal identification number to access this Portal, you must inform us immediately.

If you breach these Terms of Use, you will no longer be able to use this Portal.

We amend these Terms from time to time. Every time you wish to use our Portal, please check these terms to ensure you understand the Terms that apply at that time. We may update and change our Portal from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We do not guarantee that our Portal, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Portal through your internet connection are aware of these Terms and other applicable terms of service, and that they comply with them.

All Intellectual Property Rights in this Portal and the information made available on it are owned by us or our licensors. We reserve the rights to any other Intellectual Property Rights not explicitly mentioned but which may vest in the Portal and/or the information made available on it.

“Intellectual Property Rights” means, without limitation, patents, trade marks, service marks, registered designs, copyright, design rights, right to extract or exploit information from a database, database rights, rights in respect of know-how, confidential information and confidential processes, any application for any of the above and any other intellectual property right recognised in any part of the world, whether or not now existing or applied for, and all accrued rights of action in respect of any of the above rights.

As used in these Terms of Use, “Confidential Information” means all trade secrets and other information which we or you protect against unrestricted disclosure to others which is accessed through the Portal, pursuant to software downloads or other delivery, or is or ought reasonably be identifiable as confidential based on the type of information and the manner of its disclosure.

We and you each agree to protect each other’s Confidential Information from any unauthorised disclosure and only to use it in accordance with these Terms of Use.

Your Confidential Information shall include the personal details you provide on the Portal and any information relating to your investments which may be viewed or downloaded on the Portal. You agree that we may use your Confidential Information in order to provide you with the services that we have agreed to provide you with (through our dealings with your organisation). We agree not to disclose any of your Confidential Information to which you are provided access to through the Portal in any form except: (a) as authorised by you at the time of our disclosure; (b) to your organisation or fund manager (or equivalent) under the terms of our agreement with your organisation, or the organisation your fund manager contracts with; (c) where required to do so by a regulator or by law; and/or (d) to our group companies in connection with the services. Where we provide you with the ability to download or export your Confidential Information from the Portal you agree that that shall not be considered our disclosure of your Confidential Information.

Information provided via the Portal regarding the configuration, utilization, availability, location and/or performance of our services or assets deployed as part of, or used by, our network and systems or to enable the delivery of the Portal, are our Confidential Information. Access credentials to the Portal issued to you and your respective authorised users are also our Confidential Information. The availability of the functionality to download or export Confidential Information from a Portal is not a waiver of confidentiality, and the downloaded or exported files of such information shall also be treated as Confidential Information. You shall only use our Confidential Information in order to use the Portal and you shall not disclose any of our Confidential Information to any third party without our prior written consent, unless you are required to do so by law.

Neither we or you shall be obligated to treat information as Confidential Information if such information: (a) was rightfully in its possession prior to receipt from or disclosure by the other; (b) is or becomes public knowledge other than through a breach of confidentiality; (c) is or was rightfully disclosed to us or you by a source other than the other or any party under their respective control; (d) is independently developed by us or you without use of the Confidential Information; or (e) must be disclosed by us or you according to mandatory applicable law.

You are not permitted to access our Confidential Information or any third party Confidential Information that you are not explicitly licensed or otherwise granted a right to use for the intended purpose as set forth in the applicable agreement or as otherwise permitted.

We hold any personal information about you as a data processor for the organisation which manages or administers your investments and our use of that information is governed by our agreement with that organisation.

Regardless of whether you are a Business Customer or a Consumer:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We do not guarantee that our Portal will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access our Portal. You should use your own virus protection software.

You must not misuse our Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our Portal or any part of it. You must not attempt to gain unauthorised access to our Portal, the server on which our Portal is stored or any server, computer or database connected to our Portal or any other equipment or network connected with our Portal. You must not interfere with, damage or disrupt any software used in the provision of our Portal or any equipment or network or software owned or used by any third party on which this Portal relies in any way. You must not attack our Portal via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law 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 to use our Portal will cease immediately.

If you are a Business Customer the following terms shall apply:

Except as expressly and specifically provided in these Terms of Use:

1. you assume sole responsibility for results obtained from the use of the Portal, and for conclusions drawn from such use. We have no liability for any damage caused by errors or omissions in any data, information, or instructions provided to us by you or your organisation in connection with use of the Portal, or any actions or omissions taken by us at your direction, or any decisions you take based on the information made available to you on this Portal;
2. all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Use; and
3. the Portal and any information within it is provided to you on an "as is" basis.

Excluding any liability which cannot be limited at law:

1. We will not liable for any inaccuracy or incompleteness in any information made available on this Portal or if that information is not up to date.
2. We will not be liable for any loss of profits, loss of business, wasted expenditure, depletion of goodwill and/or similar losses, loss or corruption of data or information, or any direct, special, indirect or consequential loss, costs, damages, charges or expenses.

If you are a Consumer, the following terms shall apply:

We only provide our Portal for your domestic and private use. You agree not to use our Portal for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

You are solely responsible for any equipment, devices, hardware, cabling, materials, services, support, products, applications or licensed software supplied by parties other than us that you use in conjunction with the Portal. We shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any equipment, devices, hardware, cabling, materials, services, support, products, applications or licensed software supplied by parties other than us.

The Portal may contain links to external websites and information provided on such external websites by our partners and third-party service providers. We shall not be responsible for the contents of any linked website, or any changes or updates to such sites. You further agree that we shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with you or users use of or reliance on any content, goods or services available on or through any such linked website.

You may only use two-factor authentication (“2FA”) for the Portal in connection with accessing your account. You are solely responsible for the procurement, configuration, operation, performance and security of any hardware or software (other than that provided by us) that you or your users use in connection with 2FA, including, without limitation, any authentication application or device. 2FA configuration values shall be treated as Confidential Information hereunder.

Survival: Any provision that by its nature must survive termination or expiration of your access to the Portal shall survive.

Waiver and Severability: Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. To the extent that any provision in these Terms of Use shall be found to be unenforceable, such provision shall be modified in such a manner so as to make these Terms of Use as modified, legal and enforceable under applicable laws and the balance of the provisions of these Portal Terms of Use shall not be affected thereby.

Third Parties: These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 for any other person to enforce any term of the Terms of Use.

Transfer: We may transfer our rights and obligations under these Terms to another organisation. If you are a Consumer, we will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

These Terms of Use are governed by, and are to be interpreted and construed in accordance with, the laws of England & Wales. The courts of England and Wales will have exclusive jurisdiction of the to determine any dispute (whether contractual or otherwise), except that: (a) Puritas may bring proceedings in relation to any breach of confidence or infringement of intellectual property rights in any jurisdiction; and (b) if you are a Consumer and you are a resident of Northern Ireland or Scotland, you may bring proceedings in the country you reside in, being Northern Ireland or Scotland.