Updated January 2020
These terms and conditions, together with the documents referred to in them, (“the terms”) set out the terms on which you may use our website micap.com (“our Website”). Use of our Website includes accessing, browsing or registering to use our Website.
You should read these terms carefully before you start using our Website, as these apply to your use of our site. You should print a copy for future reference, although you should check the terms every time you use our Website.
By using our Website, you confirm that you accept these terms and that you agree to comply with them.
If you do not agree to these terms, you must not use our Website.
Other applicable terms
These terms refer to the following additional terms, which form part of the terms, and hence also apply to your use of our Website:
- If you use our MICAP Fund Finder services available from our Website, our Acceptable Use Policy will apply to such use.
Information about our Website
micap.com is a website operated by MI Capital Research Limited (“We”). We are a limited company registered in England and Wales under company number 08634361 and have our registered office at Halford Chambers, 1-3 Halford Road, Richmond, London TW10 6AW.
Changes to these terms
We may revise these terms at any time by amending this page and any such changes are binding on you.
Changes to our Website
We may update, and change the content of, our Website at any time. However, the content on our Website may be out of date at any given time and we are under no obligation to update it. Indeed we do not guarantee that our Website, or any content on it, will be free from errors or omissions.
Accessing our Website
You are free to access certain parts of our Website.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for ensuring you can access our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.
MICAP Fund Finder Licence
If you elect to pay for access to the MICAP Fund Finder you will be granted a MICAP Fund Finder Licence (“Licence”) which will allow you to use the full MICAP website including additional features and access to all Offers. Licences are for a minimum period of 12 months and can be cancelled following that initial period with one month’s notice in writing.
Licences may be subject to a maximum number of Users per firm. Multiple licences can be purchased. You will allow us to ensure that the number of your employees who access MICAP is accurate, to enable us to be certain that Fees we charge are correct.
Your account and password
If you choose, or are provided with, a login, password or any other piece of information as part of our registration procedures, you must treat such information as confidential. You must not disclose it to any third party.
We can disable any account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms or any other applicable terms and conditions.
If you know or suspect that anyone other than you knows your login or password, you must promptly notify us at firstname.lastname@example.org.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our Website, and the material published on it. Copyright laws and treaties around the world protect these. All such rights are reserved.
You may print off, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors, as applicable.
If you print off, copy or download any part of our Website in breach of these terms, your right to use our Website will cease immediately and you must, at our request, return or destroy any copies of the materials you have made.
No reliance on information
The content on our Website is provided for general information only. It should not be regarded as advice on which you should rely. Investors must obtain professional or specialist advice before investing.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantees that the content on our Website is accurate, complete or up to date.
Limitation of our liability
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of, or reliance on, any content displayed on our Website.
If you are a business user we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user, we only provide our Website for domestic and private use. You agree not to use our Website 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.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it, or on any website linked to it.
We accept no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of those linked websites.
Where our Website 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.
Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any other services to you, which will be set out in our MICAP Fund Finder Terms and Conditions – Adviser/Product Provider as applicable.
Uploading content to our Website
Whenever you upload content to our Website or use our Website to make contact with other users of our Website you must comply with our Acceptable Use Policy.
You warrant that any such contribution complies with this, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.
We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Website.
We have the right to remove any posting you make on our Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
The views expressed by other users on our Website do not represent our views or values.
Downloading content from our Website
If you are acting as a consumer for the purposes of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, and you download digital content from our Website, you hereby consent to the immediate download of the relevant document(s) and you acknowledge that you will lose your right to withdrawal once the download of the digital content has begun.
We do not warrant that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website 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 Website will cease immediately.
Linking to our Website
You may link to our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you.
Our Website must not be framed on any other site.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of content on our Website other than that set out above, please contact email@example.com.
If you are a consumer, please note that these terms, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
To contact us, please email firstname.lastname@example.org.