Terms and Conditions
MyIngenious Terms and Conditions
Please read these terms and conditions carefully before using https://www.myingenious.co.uk (MyIngenious or the Website) and then tick the box as part of the site registration process if you agree to be bound by their contents. If you do not accept these terms and conditions, you will not be allowed to log into MyIngenious. These terms and conditions are a binding legal agreement between you and Ingenious Media Limited (us, we, our). We recommend that you print a copy of these terms and conditions for future reference.
We may change our terms and conditions from time to time so you should review them regularly because the updated terms and conditions will be binding upon you. Your use of MyIngenious will be deemed an acceptance of the terms and conditions existing at that time.
MyIngenious is operated by Ingenious Media Limited (company number 03573626) and Ingenious Capital Management Limited (company number 07728908) each a limited liability company registered in England and Wales whose registered office and trading address is 15 Golden Square, London W1F 9JG.
MyIngenious allows investors and advisers to perform the following tasks:
- view and download information and documentation regarding certain of your investments (your Portfolio) in entities or services managed or operated by the Investments divisions of Ingenious (being Ingenious Media Limited and Ingenious Capital Management Limited) and any of their respective associates and subsidiaries from time to time (Ingenious)).
- confirm and/or amend the personal details that you have provided to Ingenious;
- confirm the email address that we should use to notify you of the availability of updated information or documentation regarding your Portfolio;
- confirm and/or amend the details that you have provided to Ingenious regarding the firm of financial advisers, intermediaries or any other third party (Advisers) to whom you authorise us to provide access to information and copies of documentation regarding your Portfolio and view-only access to all information held regarding you and your Portfolio on MyIngenious; and
- change your username and/or password.
- view and download summary information and documentation regarding the Portfolios of your clients (subject to each relevant investor having previously provided Ingenious with authority to provide you with copies of correspondence relating to their Portfolio and such authority not having been previously revoked);
- confirm and/or amend the contact details that you have provided to Ingenious;
- download copies of statements relating to your clients’ Portfolios; and
- change your username and/or password.
MyIngenious is made available free of charge.
We reserve the right to withdraw or amend the services we provide on MyIngenious without notice. We will not be liable if for any reason MyIngenious is unavailable at any time or for any period. We do not guarantee that MyIngenious, or any content on it, will always be available or be uninterrupted. From time to time, we may restrict access to some parts or the whole of MyIngenious to you.
You will be provided with a registration username and password as part of our security procedures and given the option to change these details as part of the registration process. You must treat such information as confidential, and you must not disclose it to any third party. We shall have no liability for any loss you may suffer in the event that you fail to keep your username and/or password secure or otherwise disclose it to any third party. If you know or suspect that anyone other than you knows your username or password, you must promptly notify us by emailing email@example.com or calling the Client Services Centre on 0207 319 4000.
If you are accessing MyIngenious as an investor, you will be given the option to update or confirm the details of your Adviser (if you have or wish to nominate one). By providing us with details of your Adviser, you confirm that we, Ingenious Capital Management Limited and Ingenious Media Limited are authorised to continue to make available copies of any correspondence sent to you in relation to any of your Investments to that Adviser and are authorised to discuss matters relating to your Investments with them and their representatives. You also confirm that you authorise us to provide your Adviser and their representatives with access to all information held regarding you and your Investments on MyIngenious. You may revoke or change this authority at any time by notifying us by emailing firstname.lastname@example.org or updating these details in the "My adviser" area of MyIngenious.
If you are accessing MyIngenious as an Adviser or a representative of an Adviser and you cease to hold this position of authority (whether as a result of a change of employment, business role, client instruction or otherwise), you must cease to access MyIngenious with immediate effect and notify us of this fact promptly by emailing email@example.com so that we can restrict or withdraw your access accordingly.
We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
RELYING ON THE CONTENT OF MYINGENIOUS
The information contained in the material on MyIngenious is for information and reporting purposes only and does not constitute advice upon which you or anyone else should place reliance. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of MyIngenious, or by anyone who may be informed of any of its contents each of whom should obtain their own independent legal and financial advice.
Subject to these terms and to the extent permitted by law, we hereby expressly exclude: 1. all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; 2. any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with use of MyIngenious, including without limitation any liability for: (a). loss of income or revenue; (b). loss of business or opportunity; (c). loss of profits or contracts; (d). loss of anticipated savings; (e). loss of data; (f). loss of goodwill or reputation; (g). wasted management or office time; and for any other loss or damage of any kind, however arising whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We do not exclude liability for death or personal injury arising from our negligence nor any other liability or statutory right which cannot be excluded or limited under applicable law.
We do not guarantee that our site 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 site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not 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. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching any part of 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 site will cease immediately.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technological harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of MyIngenious or to your downloading of any content on it, or on any website linked to it.
LINKING TO OUR WEBSITE
You may link to the MyIngenious home page, 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.
MyIngenious must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission at any time without notice and in our sole discretion.
If you wish to make any use of content on MyIngenious other than that set out above, please contact the Chief Executive Officer, Ingenious Media Limited, 15 Golden Square, London W1F 9JG. We reserve the right to refuse permission to use any such content in our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise specified, we are the owner or licensee of all copyright, patent, intellectual and other property rights in MyIngenious, and in the material and information published on it. Those works are protected by copyright laws and treaties around the world. All such rights are expressly reserved to us and all copyright, reproducing, transmitting, distributing, displaying or otherwise making available of any of the material contained in MyIngenious is prohibited other than downloading/printing of material that is for your own use provided that you do not change or modify any aspect of the materials, including without limitation to any copyright, trademark or other proprietary notices appearing thereon.
Advisers are permitted to use the materials on MyIngenious in order to support the provision of services and advice to the investor to which materials relate.
You must not use any part of the materials on MyIngenious for any other commercial purposes without obtaining a licence to do so from us.
If you make copies in any way other than as permitted by these terms and conditions, then your right to use MyIngenious will cease immediately and you must, at our sole option, return or destroy any and all copies which you have made.
“Ingenious” and “b” are registered trademarks of the Ingenious group of companies.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction to resolve any dispute or claim arising from, or related to, MyIngenious. These terms and conditions and the resulting contract between you and us shall be governed by and interpreted in accordance with English Law.
By providing or confirming any personal information about you, including without limitation your name, address, email, advisor details, US person and tax residency status (Personal Information) on MyIngenious, you confirm that you consent to te use of your Personal Information as follows. Ingenious Capital Management Limited, Ingenious Media Limited and Ingenious Media Investments Limited are registered under the data protection laws of the United Kingdom. Except as stated below, Ingenious Capital Management Limited, Ingenious Media Limited and Ingenious Media Investments Limited will not make your Personal Information available to any person or entity outside Ingenious other than to entities appointed from time to time as registrar, nominee or custodian to any of your investments appearing on MyIngenious or where required by law or, if requested, by any regulatory authority having jurisdiction over any entity within Ingenious, to investigate or prevent fraud or other illegal activity, or at your request or with your consent. Your Personal Information will be stored on the database which is shared by all of the Ingenious companies. This Personal Information may be used by Ingenious Capital Management Limited, Ingenious Media Limited and Ingenious Media Investments Limited and/or any other Ingenious entity to send you details of new and existing investment opportunities (including by e-mail) unless you notify us in writing that it may not be used in this way.
THIRD PARTY RIGHTS
Except for the Ingenious companies, their respective directors, employees or representatives from time to time, a person who is not a party to this legal notice has no right under the UK Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
These terms and conditions constitute the entire agreement between you and us relating to the subject matter herein.
If you have any concerns about material exhibited on MyIngenious, please contact firstname.lastname@example.org .