General Terms & Conditions of Connect Functionalities

Connect is the commercial/brand name of the digital platform of the Allfunds group of companies as well as the different digital tools and services available therein (“Connect Functionality”) to clients of the Allfunds group, forming part of the group web www.allfunds.com. The logging on to and the provision of different Functionalities within Connect is subject to you having read and accepted these General Terms & Conditions of use.

By your use of Connect you will be deemed to have accepted these General Terms & Conditions, as in force from time to time, and these will form a binding contract between you and Allfunds Bank, S.A.U. ("Allfunds ") in respect of Connect. If you do not understand any part of these General Terms & Conditions, please contact Allfunds.

Allfunds reserves the right to vary these General Terms & Conditions from time to time. By your continued use of the Connect Functionalities you will be deemed to have accepted any such variation. Therefore, Allfunds requests you to please access and read this General Terms & Conditions on a regular basis.

These General Terms & Conditions are issued by Allfunds for the benefit of itself and on behalf of its affiliates, including its branches in other jurisdictions, and such affiliates and branches of Allfunds shall be permitted to enforce the third party rights afforded to them by these General Terms & Conditions. Accordingly, the term Allfunds includes references to its affiliates and branches where relevant.

Registration Data

Allfunds Bank, S.A.U. is registered with the Companies Registry of Madrid (volume 15,897, book 0, section 8, folio 17, page M568651) and has its registered office at calle de los Padres Dominicos 7, 28050 Madrid. Allfunds Bank, S.A. is a bank registered with the Bank of Spain under number 0011.

Access to Connect Functionalities

By accepting these General Terms & Conditions you are entitled to log on to and access the information appearing on Connect from time to time in accordance with these General Terms & Conditions.

This information may be used for your own internal and legitimate business purposes only and may not be used for any other purposes without the prior written consent of Allfunds. Allfunds reserves the right to revoke your authority to access Connect and the corresponding Functionalities at its absolute discretion at any time.

The information contained in Connect is available for information purposes. Allfunds does not provide any advice and it is not allowed to make any statement on behalf of the Undertakings for Collective Investment (“UCIs”) and shall not be liable to you in respect of any losses arising from any decision you make following the access to the information available in Connect.

Access Connect shall be exclusively and private for your authorised users through the appropriate usernames and passwords (both together “credentials”) and such configuration does not allow the access to the general public. Allfunds will provide you with the relevant passwords in order to enable your access to Connect. The number of users is unlimited, and you will be responsible for the access and use made by those users.

The term user in this General Term & Conditions of Use is understood as those persons employed by you for the purposes of this General Terms & Conditions. In those cases where the user has no employment relationship with you, a prior authorisation of Allfunds will be required in order to allow this user to have access to Connect.

Each user account with authorization have access to the Connect and will be used by only one person duly identified. You will inform Allfunds when a person will no longer have employment relationship with you in order to cancel that user account.

You take full responsibility to inform Allfunds immediately of the loss, misplacement or the fraudulent use made by either the user and/or of the passwords provided by Allfunds to you or by you to third parties. Taking the above into account, the incorrect use of the necessary elements to establish a connection with Allfunds either by third parties or by you, will be your´ s entire responsibility.

The passwords may be changed at any time, by your users or at the request of Allfunds for security reasons or service needs. The new passwords will be notified to you.

Results provided by Connect can be dependent on the search criteria and the different filters as selected by you and the results are provided for information purposes only and do not entail any recommendation from Allfunds to buy or sell a share class of an UCI.

No information provided by Connect constitutes an offer to sell or a solicitation of an offer to buy any holdings and shares in any of the Allfunds group companies nor in any of UCIs which may be available through Allfunds from time to time and does not imply any recommendation to invest nor any investment advice by Allfunds. The feedback provided by Connect is not intended to be a complete description of the UCI, its shares or units and shall not be considered as tailor made for your specific situation. Therefore, such feedback may be unsuitable for you and your investment decisions.

Allfunds takes no responsibility for and shall not be liable to you in respect of any losses arising from any investment decision you make following your use of the information provided by Connect. Please take appropriate advice regarding any applicable legal requirements and any applicable taxation and exchange control regulations in the country of your citizenship, residence or domicile which may be relevant to the subscription, purchase, holding, exchange, redemption or disposal of any of the UCIs included in this document. We refer you to the information and relevant materials of the UCIs for a more complete discussion of the risks relating to an investment in any particular UCIs. You are urged to read all of the offering materials, including the KIID/KID and Full Prospectus, prior to any investment in any UCI.

Description of Connect

Connect provides access through i) its web-based interface or ii) different Application Programming Interfaces (“APIS”) to a digital ecosystem of tools and services built on high quality data delivering the Customer, UCIs data, reporting, analytics and management tools within a single access.

The different Functionalities included within the digital ecosystem Connect are offered in different packages available for the Customer upon request from time to time. Each package will have its own Specific Terms and Conditions.

Security of Connect

Your right to access Connect is limited to your company and may not permit any other company to gain access to Connect using your credentials. Responsibility for the security of any credentials issued by Allfunds and for ensuring the security of the computer environment from which you access to Connect rests with you and you agree to indemnify Allfunds in respect of any loss, damage, cost or expense incurred as a result of any other person accessing to Connect using your credentials. If you suspect that your credentials may be being used without your consent, please contact Allfunds.

You agree that in your use of the Functionalities within Connect you shall not attempt to:

  • interfere or tamper with, alter, amend or modify Connect or any part of it;
  • copy or disassemble any of the software comprised in Connect; or
  • misuse Connect (including, without limitation, by hacking).

Use

No part of the contents of Connect may, without Allfunds prior written consent, unless if such information is required to be disclosed pursuant to the applicable laws and regulation and/or the relevant information is publicly available, be (i) copied, photocopied or duplicated in any form, by any means, or (ii) distributed to any person that is not an employee, officer, director, or authorized agent of the recipient. Disclosure of any information contained in this General Terms & Conditions o could give rise to a crime of confidence among others. If you are in any doubt as to whether information that we have provided to you and which is in your possession is confidential please consult with Allfunds prior to the disclosure of such information.

You undertake not to reveal to third parties, unless legally required, the information on the UCIs included in Connect. You are committed during the duration of the present General Terms & Conditions and even after its termination, regardless the cause, to strictly safeguard the confidentiality nature of the information and to not reproduce, assign or transfer the same to any third party without the prior consent of Allfunds.

The information contained in Connect does not constitute an offer, marketing, promotion or distribution of the UCIs in the relevant territory by Allfunds or by the UCIs or by any entity acting on their behalf.

Ownership of Intellectual Property, Copyright and Trademarks

Connect and its related Intellectual Property rights are owned by the Allfunds group or its licensees and is protected by the applicable laws.

The user may use and/or print the content solely for its own internal use and not for commercial purposes. Any use of the information for unlawful purposes is prohibited.

You are permitted to print and download extracts from Connect for your own use provided that:

  • no documents or related graphics on Connect are modified in any way;
  • no graphics on Connect are used separately from the corresponding text; and
  • that Allfunds group's copyright and trademark appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all material on Connect (including without limitation photographs and graphical images) are owned by Allfunds group or its licensors. For the purposes of these terms of use, any use of extracts from the Connect other than as permitted above for any purpose is prohibited.

Other than as permitted above, no part of Connect may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Allfunds prior written permission.

Notwithstanding the foregoing, you shall be authorised to reproduce or print out the informative contents, subject to the following conditions:

  • Allfunds or the entity providing the information (the Global Distributor) shall be named as the source of the information. This requirement shall not be necessary when the copyright or notice of ownership by Allfunds or the body providing the information, should such exist, appears, or if the Customer is unable to delete this;
  • to not alter, under any circumstance, the contents of the information;
  • to not include the informative contents in a database belonging to you which may, either directly or indirectly, be available to the public or other bodies belonging to its Group, without the express written consent of Allfunds; and
  • to use them for the sole purpose of complying with the purposes of this General Terms & Conditions.

"Allfunds Bank", "Allfunds", "allfundsbank.com", "allfundsbank.es", “allfunds.com”, “allfunds.es” and the names of the companies in the Allfunds Group, as well as the name of any other company tool or product included in Connect are registered marks. The user may not use any of those trademarks or logos without the prior authorisation of Allfunds or of the relevant owner of the trademark. Any rights not expressly granted in these terms are reserved.

Availability of Connect

Allfunds shall use reasonable endeavours to make the Functionalities within Connect available at all times. However, Connect may be unavailable from time to time for maintenance, repair or development work or due to technical or other reasons. Allfunds accepts no responsibility for and shall not be liable to you for any loss arising from the unavailability of Connect at any time.

Third Party Information & Websites

Connect may contain information, produced by third parties ("Third Party Information") over which Allfunds has no control. Any information is produced by such third parties and not by Allfunds. Allfunds accepts no responsibility for and gives no warranty or guarantee as to such Third-Party Information, including, without limitation, as to its accuracy, adequacy, fairness, completeness or availability. Allfunds shall not be liable for any loss, costs or damage arising from your reliance upon such Third-Party Information. Allfunds has relied upon and assumed without independent verification, the accuracy and completeness of all information available from those Third Parties.

Accuracy of Connect

Allfunds uses reasonable skill and care in making available the information (other than Third Party Information) (the "Allfunds Information") that appears on Connect. However, Allfunds provides no guarantees or representations as to the accuracy and completeness of the information on Connect. Allfunds may make changes to the information on Connect at any time without notice. Accordingly, to the extent permitted by law, Allfunds excludes all representations, warranties and other terms (including, without limitation, any implied by law) which, but for this legal notice, might have effect in relation to Connect.

Furthermore, errors or omissions in the information may occur due to factors inherent in any internet access system which are not within Allfunds reasonable control and therefore Allfunds gives no guarantee or warranty, express or implied, or representations as to the ability or security of access or the suitability or security of use of Connect.

Allfunds accepts no responsibility for and shall not be liable to you for any loss arising from the inaccuracy or incompleteness of the information received by you through Connect which arises as a result of machine, software, operating or data transmission error or malfunction.

Whilst every reasonable precaution has been taken to ensure the security and confidentiality of information available on Connect, Allfunds is not responsible and shall not be liable for any consequence of any action carried out by any user, whether authorised or unauthorised.

Allfunds may change and update the format, information, contents of Connect at any time at its sole discretion without notice. In any case, Allfunds has no obligation to proceed with such change and update and/or to correct any error or omission that may be contained in Connect.

Limitation of Liability and Indemnification

The access to Connect is granted on “as is” basis with all faults. Allfunds, and any of its affiliates, branches and the officers, directors, employees or agents of any of them, exclude all liability and responsibility for any loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected to business interruption, and whether in tort, contract or otherwise) in connection with Connect (an any decisions taken by you using the information and results provided by Connect) or the use, inability to use, or the results of use of Connect or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing of Connect. Allfunds shall not be liable for any regulatory or administrative fines you may suffer as a consequence of the decisions taken with the information available through Connect.

Notwithstanding the above, the maximum liability for errors in Connect that Allfunds and any of its affiliates, branches and the officers, directors, employees or agents of any of them will assume would be that of the total cost or consideration amount paid by you for the access to and the use of the Functionalities within Connect as referred to below.

You agree to indemnify, and hold harmless Allfunds, its affiliates and branches and the officers, directors, employees or agents of any of them from and against any direct claims, demands, losses, costs and/or damages arising from or relating to the use of the Functionalities within Connect and/or your breach of these General Terms & Conditions.

Connect is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication or availability of Connect is prohibited. Persons in respect of whom such prohibitions apply must not access Connect. Nothing contained in Connect is intended as, or constitutes, an offer to buy or sell or any solicitation of any offer to buy or sell any securities, investments or other property.

Costs

The annual cost for of the Functionalities within Connect will be detailed in the Specific Terms and Conditions of your selected package.

Cancellation

You are entitled to require at any time your cancelation for the access and use of the Functionalities within Connect. In such a case, your credentials will be revoked and no further access to Connect will be granted.

In any case, Allfunds will not re-fund the cost that you may have paid in order to access and use the Functionalities within Connect.

Severance

If any provision of these General Terms & Conditions is found by any court, tribunal, administrative body or authority of competent jurisdiction to be illegal, invalid or unenforceable then that provision shall, to the extent required, be severed from these General Terms & Conditions and shall be ineffective without, as far as is possible, modifying any other clause or part of these terms of use and this shall not affect any other provisions of these General Terms & Conditions which shall remain in full force and effect.

Access to Connect from your Jurisdiction

None of the information on Connect is intended to be published or made available in any jurisdiction where to do so would result in a breach of any applicable law or regulation. The information on Connect, and your use of it may be subject to certain statutory or other external regulation, conditions and restrictions. Your use of the Functionalities within Connect and the information contained therein must comply with such regulations, conditions or restrictions applicable to the area or territory in which you use the information.

Applicable Law and Jurisdiction

These General Terms & Conditions will be governed by Spanish law.

Any dispute arising from the use of the Functionalities within Connect under these General Terms & Conditions should be submitted to the Courts and Tribunals of the city of Madrid.

Complaints

Should you wish to submit a complaint in relation to the services provided by Allfunds, you may contact:

Customer Complaints Department of the Allfunds Group; calle de los Padres Dominicos 7, 28050 Madrid (Spain)


https://allfunds.com/en/contact/