Please read these Terms of Use (“Terms”) carefully. These Terms are a legal document setting out your rights and obligations and those of McInroy & Wood Portfolios Limited (“MWP” or “we” or “our” or “us”) in relation to the services offered by MWP through this online Investor Portal (“Portal”) and apply in addition to the Legal Information relating to the general use of our website.  These Terms may be amended without notice to you. In future, please refer to the Terms of Use tab for the current version. Your continued use of the Portal following any changes made to them will mean that you accept the Terms as amended.

By accepting these Terms, you are agreeing to the use of your personal data by MWP to administer your account, verify your identity and for other purposes as set out in our privacy policy. Your information will not be shared with third parties outside of MWP except in the limited circumstances stated in the privacy policy, which is available here.

1. Contact details

   When registering for this Portal, you will be asked to provide your contact details (including without limitation email address, telephone number, and postal address). It is your responsibility to make sure that at any time during your use of the services on this Portal, MWP will have your latest up to date contact details. You hereby acknowledge that MWP will have no responsibility or liability if you do not update your contact details on the Portal.

    

2. Content of Portal

   Whilst considerable care has been taken to ensure the information contained within the Portal is accurate and up to date, no warranty, express or implied, is given as to the accuracy or completeness of any information and no liability is accepted for any errors or omissions in such information. Further, to the extent permitted by law, we exclude all warranties, terms, conditions or representations, express or implied, including as to title, merchantability, availability and fitness for a particular purpose, availability of the Portal or its contents, freedom from computer virus and non-infringement of third-party rights. MWP may amend the Portal, the services provided within it and the fund information provided at any time with or without notice to you. You agree that MWP shall not be liable to you or to any third party for any amendment, modification, suspension, or discontinuance of the Portal or services offered through the Portal. MWP accepts no responsibility for any information contained in any third-party website accessed via a hypertext link from this Portal, or otherwise.
    
   The Portal provides a view of the holdings and transactions for your account and the data is taken from the fund register.  Whilst we make every endeavour to ensure this is correct, there may be time delays that impact the presentation of the data on the Portal.  Should you believe that the data is not correct, you should contact us as soon as practicable.
   
   

3. How we will communicate with you

   By using the Portal, you agree that, to the extent permitted by law and regulation, we may contact you by electronic means (including by email or secure messaging on the Portal), and we are not required to but may contact you by paper means. Please note that there is no guarantee that any email sent will be received, or that the contents of any such email will remain private or unaltered during Internet transmission. We accept no liability for any damages you or others may suffer as a result of the non-receipt or the alteration or loss of confidentiality of any such information. For more information on liability please see paragraph 8. below.
    

4. Your use of the Portal

   Use of the Portal is at your own risk. You agree that you will only use the Portal for your own personal and non-commercial investment use in a way which is consistent with the Terms and which complies with applicable laws, rules and regulations. In particular, you undertake that you will not use the Portal to send or upload any material containing software, viruses or other codes, programs or files designed to interrupt, destroy, damage or limit the functionality of any computer software, hardware or telecommunications equipment or in any other manner which would interfere with or disrupt the Portal.
   
   You will be responsible for maintaining the confidentiality of your username, password and two-factor verification code. You agree you will notify MWP immediately if you become aware of any loss, theft or unauthorised use of your username, password or two-factor verification code.
   
   You will, at your own expense, be responsible for maintaining the necessary computer hardware, software and connectivity to use the Portal.
   
   You agree you will not use any command or other feature of the Portal for any purpose that would cause harm to MWP or which is unlawful. You accept full and sole responsibility for all commands and instructions issued by you on the Portal. You agree that MWP may rely and act on instructions issued by you on the Portal without further enquiry but may refrain from acting on any instructions if it believes there is unauthorised use of your username, password or two-factor verification code or that such instructions are otherwise not in accordance with these Terms.
   
   MWP reserves the right to restrict, suspend or terminate your use of this Portal at any time in its absolute discretion.
   
   In the event that you as the registered holder redeem (sell) any of your units on this Portal, you hereby authorise MWP to release the sale proceeds.  Instructions for redemption are irrevocable. You hereby acknowledge that any payment will only be made to you as the registered holder of the units at our sole discretion through an electronic funds transfer or direct credit to a bank account that has been confirmed in your name. In addition, you hereby agree to indemnify MWP and its administrator from and against all demands, claims, costs, expenses, damages, losses or other monies paid which may be brought against or incurred by MWP as a result of MWP acting in accordance with this authority. Furthermore, you hereby agree to indemnify MWP and their administrator from and against all losses that may arise from MWP acting in good faith on the basis of incorrect or fraudulent instructions made or purporting to be made under this authority.

    

5. Advice

   MWP does not offer investment advice on the merits or suitability of its products and no information contained within the Portal should be construed as such.

   MWP only provides information about its own funds and services and does not give investment advice based on individual circumstances. We recommend that you consult with a professional financial adviser regarding any investment advice you require.

6. Investment risks

   Anyone considering making an investment should consult their professional adviser. An investor seeking to invest in any fund appearing on the Portal should only do so after reading the relevant documentation which can include but is not limited to the latest annual report and accounts, the Key Investor Information Document (KIID), the prospectus, the ISA Terms and Conditions and any other prevailing terms and conditions. Past performance of a fund or investment is not a guide to future performance. The value of investments and the income from them is not guaranteed and can fall as well as rise due to stock market and currency movements. When investments are sold, investors may get back less than they originally invested.

7. Fund availability

   The information contained on the Portal, does not constitute a distribution, an offer to sell or the solicitation of an offer to buy funds in any jurisdiction in which such distribution, offer or solicitation is not authorised. The funds detailed on the Portal are only available to persons in the United Kingdom. If you are accessing the Portal outside the UK, your local legislation may not permit us to offer funds to you in your own country. Please check with a professional financial adviser as to whether such funds are available in the country in which you are resident. You are responsible for complying with applicable laws, rules and regulations when accessing the Portal.

   Where additional services are made available to you through the Portal, these may be provided subject to their own specific terms and conditions. You will be required to read and understand any such additional terms and conditions and agree to be bound by them in all respects.

8. Fund information

   Fund prices and distribution rates are historic and provided for information only.  Past performance of a fund does not mean that future performance will be similar.
    
   Whilst MWP makes every effort to ensure this information is correct, MWP will not be liable for any inaccuracy, errors or omissions in the information provided except where such inaccuracy, error or omission is caused by MWP’s wilful default or negligence. This fund information does not constitute a recommendation to buy or sell units in the funds.

9. Investing through the Portal

   You are required to acknowledge that you have read the relevant Key Investor Information Document (KIID) for a fund and our Supplementary Information Document (SID) before entering into a transaction on the Portal.
    
   Transactions entered on the Portal will be with MWP as the counterparty. When entering into a transaction on the Portal you will be transferred to a secure payment page of a third-party payment service provider. The content and operation of the secure payment page is the responsibility of the relevant payment service provider and is not controlled or maintained by MWP.
   
   We may impose limits on the number of transactions or amounts which may be charged on an individual debit card or by you during any time period. Any such limits are disclosed on the Portal.  Such limits are subject to change from time to time at our complete discretion without prior notice to you. Where permissible, if you wish to make a transaction greater than the stated limit in a Fund described in the Portal, please contact us.

   
   You accept full and sole responsibility for all transactions entered into by you through the Portal. By using a debit card to pay for a transaction, you confirm that the card you are using is yours. If the issuer of your card refuses to authorise payment, we may not accept your order and we will not be liable for any delay as a consequence.
   
   You agree that MWP may rely and act on instructions issued by you, and which MWP reasonably believes to have been made by you, on the Portal without further enquiry. You will be bound by any transaction entered into and any expenses incurred on your behalf in reliance on such instructions.
   
   MWP may refrain from acting on any instructions if in its sole opinion:
   
   - it believes there may be, or is, unauthorised use of your username, password or two-factor verification code or that such instructions are otherwise not in accordance with these Terms; and/or
    
   - the details and documents provided by you are incomplete, illegible, inconsistent or otherwise are not in accordance with the details and documents required to proceed with your transaction; and/or
   
   - there is any practice or history of questionable transactions.
   
   MWP may contact you to verify any instruction or transaction initiated or completed by you via the Portal. If you are unsure if any order you have placed has been received or processed, please contact us as soon as reasonably possible.

10. Liability

    To the extent permitted by law, MWP accepts no legal liability for any loss, damages or expenses, including any direct, indirect, special or consequential loss (including without limitation loss of data, profit, revenue or business opportunity, economic loss or loss of goodwill) which you may suffer or incur by the access or use of this Portal or due to any restriction, suspension or termination of your use of this Portal, whether or not in the knowledge or contemplation of MWP at the time. MWP reserves its right to restrict, suspend or terminate your use of this Portal at any time in its absolute discretion. MWP also reserves the right to modify, restrict, suspend or terminate any or all of the services provided via the Portal.
    
    MWP will use its reasonable efforts to keep this Portal operational at all times but does not guarantee that the Portal or that use of the Portal will be free from fault or error nor that the Portal will be permanently accessible. Access to the Portal may be interrupted or restricted at any time including for routine or emergency maintenance, repairs, to introduce new facilities, funds, functionality or services, in the event of any loss, theft or unauthorised use of your username, password and/or two factor verification code or if we reasonably believe you have failed to comply with these Terms.
    
    You accept full and sole responsibility for all commands and instructions issued by you on the Portal and fully release MWP from any liability for acting on such commands and instructions. You will be bound by any transaction entered into and any expenses incurred on your behalf in reliance on such instructions. You agree that MWP will not be liable for any delay or failure of a transaction instructed by you through the Portal where your bank refuses to authorise payment. MWP will also not be liable for any delay or failure of a transaction instructed by you through the Portal where such delay or failure is due to MWP refraining from acting on such instructions where in its sole opinion:
    
    - there may be, or is, unauthorised use of your username, password or two-factor verification code or that such instructions are otherwise not in accordance with these Terms; and/or
    
    - the details and documents provided by you are incomplete, illegible, inconsistent or otherwise are not in accordance with the details and documents required to proceed with your transaction; and/or
    
    - there is any practice or history of questionable transactions.
    
    MWP cannot be held responsible for any disruptions inherent in the operation of the internet and the world wide web (including those caused by viruses) beyond MWP's control and MWP excludes all liability for direct and indirect losses thereby caused or contributed to. Emails sent over the internet from a source other than the secure areas of the Portal, as well as other communications received outside of the secure area of the Portal, including communications received over telephone lines, are not secure. MWP shall not be responsible for their security, and to the maximum extent permitted by law excludes all liability arising from such communications. Further, MWP does not guarantee the security of any information, commands or instructions transmitted over the internet and shall not be responsible for any security breach with respect to such information, commands or instructions. MWP will not be liable for any financial loss resulting from you not having complied with these Terms or failure to take reasonable security precautions.

11. Downloading

    You may download materials and information from the Portal to a single personal computer and/or print a hard copy of any materials and information from the Portal provided that you do not delete, change or modify in any way such materials and information.

12. Severability

    In the event that any part of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable then the remainder of the Terms shall remain valid and enforceable. If any part of these Terms is found by a court of competent jurisdiction to be invalid, then you nevertheless agree that the court shall endeavour to give effect to MWP's intentions as reflected in the Terms.

13. Waiver

    Failure of any party to exercise and delay in exercising any right or remedy under these Terms will not operate as a waiver.

14. Assignment

    You shall not assign these Terms or any of your rights and obligations hereunder without MWP’s prior written consent.

15. Cookies

    Our Portal uses cookies. For detailed information on the cookies we use and the purposes for which we use them see our Portal Cookies Policy.

16. Linking

    We do not endorse, and do not accept responsibility for the content of any website not operated by MWP which you may visit by following a link from this Portal.
    
    No other website, without the prior written permission of MWP, is authorised to link to any part of this Portal other than the home page, nor when so linking, to place, integrate or display any bar, frame or partial frame or any additional branding or graphic around the view of this Portal presented to the internet user.

17. Telephone calls

    Our transfer agent, Bank of New York Mellon (International) Limited (‘BNY’), administers the Portal on our behalf. Telephone calls to and from BNY may be recorded for training and monitoring purposes. 

     

     

18. Jurisdiction and governing law

The Terms and any and all contracts concluded under them are governed by and shall be construed in accordance with the laws of England and Wales and all references in these Terms to laws and regulations are references to English laws and regulations unless otherwise specified. You agree that any issues or dispute(s) arising out of the Terms or otherwise between us (whether such disputes are contractual or non-contractual in nature, such as claims in tort, for breach of statue, or regulations or otherwise) shall be governed in all respects by English law, and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.

This Portal is directed at all persons other than those of excluded jurisdictions as detailed in the fund prospectus. The Portal is not to be regarded as an offer to buy or sell, or the solicitation of any offer to buy or sell securities in any excluded jurisdiction as detailed in the fund prospectus. Excluded persons resident in jurisdictions detailed as excluded in the fund prospectus should consult their professional advisers as to whether they require any governmental or other consents or need to observe any formalities to enable them to invest in the funds described in the Portal.

Published on 18^th November 2024