Terms and Conditions
Terms and Conditions
These Terms and Conditions were last updated on 30 June 2017.
These general Terms and Conditions apply to the websites (which we will refer to as “the Site”) of the Morningstar UK companies (collectively “Morningstar,” “we,” “us” and “our”), which include Morningstar UK Limited (particularly its website morningstar.co.uk) and Morningstar Investment Management Europe Limited. Some specific Morningstar websites have particular Terms and Conditions which are relevant to their services.
Please read these Terms and Conditions carefully as your use of the Site is subject to them. Morningstar reserves the right at its sole discretion to change, modify or add to these Terms and Conditions without prior notice to you. By continuing to use the Site you agree to be bound by such amended terms.
1. WHAT YOU ARE ALLOWED TO DO
Subject to the terms hereof, we hereby provide you with a non-exclusive, revocable, limited licence to do the following:
(a) browse the Site and view the information on it for private, non-commercial use only;
(b) print off pages from the Site to the extent reasonably necessary for your use of the Site in accordance with the above.
provided that at all times you do not do any of the things set out in clause 2.
2. WHAT YOU ARE NOT ALLOWED TO DO
Subject to these Terms and Conditions, you may not:
(a) systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the Site;
(b) remove, change or obscure in any way anything on the Site or otherwise use any material contained on the Site except as set out in these Terms and Conditions;
(c) reproduce, retransmit, disseminate, sell, publish, broadcast the Site or any portion of it, or use the Site or anything available on it in connection with creating, promoting, trading or marketing investment products without our express written consent; or
(d) use the Site for unlawful purposes or fail to comply with any applicable laws, statutes or regulations that apply to your access or use of the Site or any information taken or derived from it.
3. NO INVESTMENT ADVICE
You acknowledge that via this Site:
(a) we do not provide investment advice (as defined in the Financial Services & Markets Act 2000), that nothing on the Site constitutes investment advice and that you will not treat any of the Site's content as such;
(b) we do not recommend any financial product;
(c) we do not recommend that any financial product should be bought, sold or held by you;
(d) nothing should be construed as an offer, nor the solicitation of an offer, by us to buy or sell securities; and
(e) information which may be referred to from time to time may not be suitable for you and that you should not make any investment decision without consulting a fully qualified financial adviser.
The Site is directed at users located in the United Kingdom.
5. YOUR PERSONAL INFORMATION
6. COPYRIGHT AND TRADEMARKS
6.1 All copyright and other intellectual property rights in any material (including, without limitation, text, photographs and other images and sound) contained in the Site are either owned by us or our third-party content providers. You are only allowed to use the Site and the material contained in the Site as set out in these Terms and Conditions.
6.2 The Site contains certain trademarks. All trademarks included on the Site are the property of Morningstar or its content providers. You are not allowed to copy or otherwise use any of these trademarks in any way except as set out in these Terms and Conditions.
In addition to the above, the following provisions shall apply to you if you have opted to subscribe to premium content/functionality on the Morningstar.co.uk website (the “Premium Service”).
7. PREMIUM SERVICE (ON MORNINGSTAR.CO.UK)
7.1 Subscription and Service
You may not use any portion of the Premium Service without a valid subscription from Morningstar. To obtain a subscription, you must register for the Premium Service by completing the online registration form available on the Site. Your subscription will not be valid unless and until Morningstar accepts your registration. By registering for the Premium Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Morningstar promptly of any changes to this registration information. This notification may be affected either by editing your user profile in the Membership area of the Site or by calling the number listed under "Customer Service and Product Support" on the Membership tab.
You may be offered a free trial subscription to the Premium Service, beginning on the date on which Morningstar accepts your registration and you will be notified of the length of the trial subscription before you register for this service. If you don't terminate this subscription to the Premium Service during this trial period by notifying Morningstar on the telephone number provided to you at the time you register for the free trial subscription, the initial term of your regular paid Premium Service subscription will start immediately after the free trial period ends, and will continue for the length of time that you selected when you registered. If you have taken advantage of a free trial subscription for the Premium Membership in the past two years, you will not be eligible for a free trial and instead your credit card will be charged immediately for the Premium Service subscription fee associated with the term length you select when you register.
You understand that, unless you notify Morningstar on the telephone number provided to you at the time that you register for the Premium Service that you wish to terminate your Premium Service subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the applicable subscription fee in effect at the time of that renewal. In those instances where you took advantage of a special or introductory offer to become a Premium Member, your subscription will automatically renew at Morningstar's then-current subscription fee to the term specified in the offer and your credit card will be charged the subscription fee in effect at the time of that renewal. The term "subscription term" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
MORNINGSTAR RESERVES THE RIGHT TO CHANGE THE PREMIUM SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE PREMIUM SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your co-workers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by the Terms and Conditions and these Premium User Provisions; (ii) your Premium Service subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use other than that described in (i) and (ii).
7.2 Charges and Billing Practices
If offered a free trial to the Premium Service, you will not be charged a subscription fee during that free trial period. Subscription Fees on credit-card transactions will be authorised immediately, but not actually processed until the trial period has expired. If you remain a subscriber to the Premium Service (a “Premium Member”) when your free trial period ends, you will be charged for the initial term of your Premium Service subscription and then, at the beginning of each renewal term, if any, you will be charged the then-current Premium Service subscription fee for the term length you selected. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and will apply whether or not you actually use the Premium Service during that term. You may always find the current retail subscription rates by reviewing the Member Benefits portion of the Site. Subscription fees are non-refundable, except as set forth below.
We reserve the right to change the subscription or other fees it charges for products, services or features (collectively, "Products") offered in connection with the Premium Service and/or the Site at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products with which there are associated fees, you agree to pay those fees and that Morningstar may charge your credit card for those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below.
Subscription fees and all other fees and charges associated with your subscription (including, but not limited to, VAT) will be billed automatically to the credit card you provide ("your credit card") when registering for the Premium Service. If your credit card is a VISA or MasterCard and the number or expiration date for your credit card changes for any reason (for instance, you get a new number because your old card expired, was stolen, etc.), that updated information may be automatically passed on from your credit card issuer to Morningstar, and if Morningstar does receive such information, it will be treated by Morningstar as if it were originally furnished by you. To learn more about this service being provided by your credit card issuer, please contact them directly.
You must promptly notify Morningstar (as set forth below) if any information related to your credit card changes or is no longer valid or of any other change to the information you provided Morningstar regarding your credit card (including, but not limited to, changes to your billing address or other pertinent contact information). Absent such notification, Morningstar will assume that all of the information related to your credit card remains valid and will submit to the card processor all information that it requires for approval, both when you initially subscribe and, if applicable, upon the commencement of any renewal of that subscription. If any subscription fees or other charges billed to your credit card are declined for any reason, Morningstar shall have the right to suspend your subscription until such subscription fees or other charges are paid in full. You agree to pay all reasonable costs (including attorneys' fees) actually incurred by Morningstar in collecting any unpaid subscription fees or other charges from you.
You may cancel your subscription by calling the telephone number listed below under "Customer Service and Product Support" to notify Morningstar. Morningstar will not process cancellations submitted via email.
If you cancel your subscription during your free trial period, you will not be responsible for the payment of a subscription fee (but may, as set forth above, be responsible for printing fees associated with your exceeding the Printable Reports minimums). However, except as otherwise provided herein, if you subscribe on an annual or greater basis and you cancel your Premium Service subscription at any time after your trial period expires, your membership will terminate on that date. (For example, if your paid subscription start date is on January 1 and you cancel on June 15, your membership terminates on June 15, at which time it ends.) For persons that subscribe on an annual or greater basis, any remaining prepaid charges will be refunded, prorated on an annual basis, to your credit card after your membership is terminated. If you subscribe on a monthly basis and subsequently cancel your subscription during a month, your subscription will continue to the end of its monthly term and you will be entitled to continue to use the Premium Service until the time of termination.
Morningstar may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of the Terms and Conditions or these Premium User Provisions; or (ii) your use of or access to the Premium Service or the Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Premium Service or any other service offered by Morningstar on the Site. None of the foregoing limits any other legal, equitable or contractual rights available to Morningstar.
Morningstar may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the email address you provided when completing your registration or to a new email address where you have notified us of your change in email address. You will be deemed to have received this notice, whether or not you saw it or the email address most recently provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
7.4 Customer Service and Product Support
For customer service related to your Premium Service subscription (product, technical or subscription questions), please contact Morningstar via telephone (on working days, 9am-5pm London time) or using Morningstar's online form. The link to the online form, as well as the telephone number to use, are available on the 'Contact Us' page under the 'Help' section of the Site.
8. POSTING COMMENTS
Users agree that, by posting comments on various articles and sections of the Site, you automatically grant, and represent and warrant that you have the right to grant, a non-exclusive, royalty-free, worldwide licence to display such comments on the Site and any other websites operated by Morningstar or our agents.
9. EXCLUSIONS AND LIMITATIONS OF LIABILITY
9.1 We do not exclude or limit our liability for death or personal injury resulting from our negligence, fraud or any other liability which may not by applicable law be excluded or limited.
9.2 Subject to clause 9.1, in no event shall Morningstar or its content providers (collectively, the “Morningstar Parties”) be liable (whether for breach of contract, negligence or for any other reason) for (i) any loss of profits, (ii) exemplary or special damages, (iii) loss of sales, (iv) loss of revenue, (v) loss of goodwill, (vi) loss of any software or data, (vii) loss of bargain, (viii) loss of opportunity, (ix) loss of use of computer equipment, software or data, (x) loss of or waste of management or other staff time, or (xi) for any indirect, consequential or special loss, however arising.
9.3 Subject to clauses 9.1 and 9.2, the Morningstar Parties' liability to you whether in contract, tort or otherwise is limited to the greater of (i) £50 (fifty pounds) or (ii) the annual subscription fee for the Premium Service in the event that you are a subscriber to the Premium Service when the liability occurs.
10.1 ALL INFORMATION CONTAINED ON THE SITE INCLUDING ANY INFORMATION PROVIDED UNDER THE PREMIUM SERVICE IS FOR GENERAL INFORMATIONAL USE ONLY AND MAY NOT BE RELIED UPON BY YOU FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, IN MAKING ANY INVESTMENT DECISION. THE SITE ONLY PROVIDES INFORMATION TO YOU AND DOES NOT PROVIDE INVESTMENT ADVICE AND NOTHING ON THE SITE SHOULD BE CONSTRUED AS BEING INVESTMENT ADVICE. BEFORE MAKING ANY INVESTMENT CHOICE YOU SHOULD ALWAYS CONSULT A FULLY QUALIFIED FINANCIAL ADVISER.
10.2 ALTHOUGH WE USE REASONABLE EFFORTS TO ENSURE THAT INFORMATION ON THE SITE INCLUDING ANY INFORMATION PROVIDED UNDER THE PREMIUM SERVICE IS ACCURATE AND COMPLETE, WE DO NOT GUARANTEE THIS TO BE THE CASE. AS A RESULT, USE OF THE SITE IS AT YOUR SOLE RISK AND NEITHER MORNINGSTAR NOR ANY OTHER MORNINGSTAR PARTY CAN ACCEPT ANY LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU ARISING FROM YOUR USE OF THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOU SHOULD TAKE ADEQUATE STEPS TO VERIFY THE ACCURACY AND COMPLETENESS OF ANY INFORMATION CONTAINED ON THE SITE.
10.3 Information contained on the Site including any information provided under the Premium Service is not tailored for your individual situation and, as a result, such information may be unsuitable for you and your investment decisions. You should consult a financial adviser before making any investment decision.
10.4 The Site may include advertisements and links to external sites and co-branded pages in order to provide you with access to information and services which you may find useful or interesting. We do not endorse such sites or approve any content, information, goods or services provided by any of them. We are not responsible or liable for any loss or damage suffered by you as a result of your use of such sites or any information appearing on them.
10.5 We are not able to exercise control over the security or content of information passing over the Internet, and we hereby exclude all liability of any kind for the transmission or reception of infringing or unlawful information of whatever nature.
10.6 We accept no liability for loss or damage suffered by you as a result of accessing Site content which contains any virus or which has been maliciously corrupted.
11. AVAILABILITY AND UPDATING OF THE SITE
11.1 We may suspend the operation of the Site at any time without notice. We do not warrant that access to or use of the Site or of any sites or pages linked to it will be uninterrupted or error free.
11.2 We may change the format and content of the Site at our sole discretion at any time without notice. You should refresh your browser each time you visit the Site to ensure that you access the most up-to-date version of the Site and any information appearing on it.
12. ENQUIRIES OR COMPLAINTS
If you have any enquiries or complaints about the Site then please address them (within 30 (thirty) days of such enquiry or complaint first arising) to:
Editorial & Product Manager, Morningstar UK
1 Oliver's Yard
55-71 City Road
London, EC1Y 1HQ
13. GENERAL AND GOVERNING LAW
13.1 These Terms and Conditions form the entire understanding of you and us with respect to the subject matter hereof and supersede all previous agreements, understandings and representations relating to that subject matter. If any provision of these Terms and Conditions is found to be unenforceable, that finding will not affect the validity of any other provision. You agree that we may sub-contract the performance of any of our obligations or may assign these Terms and Conditions or any of our rights or obligations without your consent or the need to give you notice.
13.2 Morningstar will not be liable to you for any breach of these Terms and Conditions which arises because of any circumstances which Morningstar cannot reasonably be expected to control.
13.3 These Terms and Conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
14. RISK WARNINGS
All investments involve risk and you should not make any investment decision without consulting a fully qualified financial adviser Past performance is no indication of future performance, and nothing on this Site should be interpreted to state or imply otherwise. The value of investments may fall as well as rise and investors may not get back the full amount invested. Changes in rates of foreign exchange may cause the value of investments to go up or down.
15. PRINCIPAL TRADING ADDRESS AND COMPANY DETAILS
Morningstar UK Ltd
Registered in England No: 4031849
Morningstar Investment Management Europe Limited
Registered in England No: 05732689
1 Oliver’s Yard
55-71 City Road
London EC1Y 1HQ
16. REGULATORY STATUS
Morningstar Investment Management Europe Limited is authorised and regulated by the Financial Conduct Authority to provide services to Professional clients. The Firm’s Reference Number is 449468. The Morningstar Managed Portfolios mentioned on this Site are intended for citizens or legal residents of the United Kingdom. These portfolios can only be made available through the use of an Investment Adviser appropriately authorised and regulated by the Financial Conduct Authority.
Personal Information We Collect
The types of personal information we collect depend on the purpose for which You are accessing the Site (e.g., to learn more about Morningstar and our products and services, to inquire about employment with a Morningstar company, etc.,). This information may include, but is not limited to:
• Your name, physical and email addresses, and phone number(s); and
• If you are submitting employment information through the Site, Your user name/password and any additional employment-related information that You choose to provide.
Personal Information: Why We Collect It
Morningstar may collect certain personal information to respond to inquiries about the Morningstar family of companies, and/or our products and services, to provide You with investment information and tools, to process and respond to employment-related inquiries and job applications, to perform marketing- and research-related activities, and to supply other administrative services (e.g., responding to requests for product information).
Personal Information: How We Collect It
The personal information we collect may be captured from a variety of sources. These sources include, but are not limited to:
• Voluntary submissions (e.g., responses to surveys, requests for information about our company or our products and services, inquiries about employment opportunities, etc.,); and
• Registrations/applications to receive information about Morningstar or our products and services or to apply for employment with one or more Morningstar companies
Personal Information: Where We Store and Process It
All personal information we gather from this Site is initially processed and stored in the United States. This personal information may subsequently be transferred to other countries for further processing, storage, and/or use by Morningstar and/or our affiliates to deliver information to You or to evaluate Your employment credentials.
Links to Other Websites
Morningstar may provide links to one or more other websites. We encourage You to read their individual privacy policies before providing any of your personal information to them.
Protection of Your Personal Information
Morningstar puts commercially reasonable security measures in place, and requires our service providers do so as well, to protect against unauthorized access to, or unauthorized alteration, disclosure, or destruction of personal information. The measures we use include internal reviews of our data collection, storage, and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
Morningstar operates secure data networks protected by industry-standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided.
Accuracy of Your Personal Information
You are responsible for periodically checking to ensure that any personal information included is updated and correct.
How to Update Your Personal Information
If You have any questions about any personal information gathered about You through Your use of this Site, You need only write to us. Questions related to employment inquiries You’ve made or job applications You’ve submitted should be sent to: AskHR@morningstar.com.
Questions related to all matters/inquiries should be sent to: firstname.lastname@example.org.
What About Children’s Privacy?
Morningstar does not separately identify, or collect, any information that is specific to children.
If You have further questions about our privacy practices, please send an email to mailto:email@example.com.
Modern Slavery Statement
This statement has been published in accordance with the Modern Slavery Act 2015. It sets out the steps taken by the Morningstar Group Companies identified above during the year ending 31st December 2016 to prevent modern slavery and human trafficking in its business and supply chains.
The above companies are Morningstar Inc.’s subsidiaries who are registered and located in the UK.
Morningstar, Inc., is a leading provider of independent investment research in North America, Europe, Australia and Asia. We offer an extensive line of products and services for individual investors, financial advisors, asset managers, and retirement plan providers and sponsors.
Morningstar provides data on nearly 540,000 investment offerings, including stocks, mutual funds, and similar vehicles, along with real-time global market data on approximately 18.5 million equities, indexes, futures, options, commodities, and precious metals, in addition to foreign exchange and Treasury markets. Morningstar also offers investment management services through its investment advisory subsidiaries. The company has operations in Australia, Brazil, Canada, Chile, China, Denmark, France, Germany, Hong Kong, India, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Singapore, South Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, United Arab Emirates, United Kingdom and United States.
Our supply chains
Our supply chains include suppliers of IT, data and communications, office cleaning, property grounds and other facilities management services, stock exchanges, legal counsel, insurers, health care providers, and recruitment agencies.
Our policies on slavery and human trafficking
We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Our Anti-Slavery Policy reflects our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chains.
We adopted an Anti-Slavery Policy which addresses how employees and other associated persons (agents, suppliers and other service providers) are required to act to minimise the risk of slavery and human trafficking occurring in the business and in its supply chains. The Anti-Slavery Policy was published on our internal homepage (“the Pond”) and an email communication was sent to all employees informing of the policy and sharing a link to both the Anti-Slavery Policy and its guidance.
In addition, our Anti-Slavery Policy is available at http://corporate1.morningstar.com/UK/. This Policy applies to all persons working for us or on our behalf in any capacity, including employees at all levels, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors, external consultants, third-party representatives and business partners.
Due diligence processes for slavery and human trafficking
We have conducted a comprehensive Morningstar EMEA-wide risk assessment, clearly mapping Morningstar’s supply chains across multiple tiers and identifying potential touch-points for modern slavery. The risk assessment enabled us to monitor potential risk areas in our supply chains and determine that our suppliers comply with our own zero tolerance approach to slavery and human trafficking.
Upon review of our risk assessment, procurement policies and other existing policies and procedures relevant to modern slavery, we developed an appropriate Declaration of Compliance with the Modern Slavery Act 2015 to implement in our supply chain engagement procedure. Moving forward, a request for a declaration of compliance will be sent to all suppliers when engaging their services. Guidance was prepared for relationship owners and a template of the declaration sent to these employees.
Supplier adherence to our values
We have zero tolerance to slavery and human trafficking. To seek to ensure all those in our supply chain and contractors comply with our values, new suppliers will have to sign up a declaration of their compliance with the Modern Slavery Act 2015 or provide copies of their own policies.
We have a dedicated Chief Compliance Officer and EMEA Legal Department responsible for overseeing implementation of our Anti-Slavery Policy within our supply chain. In addition, relationship owners in the supply chain will report to the Chief Compliance Officer and EMEA Legal Department when engaging with new suppliers. A declaration of compliance with the Modern Slavery Act will be requested from all new suppliers and sent to the Compliance and Legal teams upon each new engagement.
To ensure a high level of understanding of the risks of modern slavery and human trafficking in our supply chains and our business, we provide a copy of the policy to all employees and detailed guidance to those who are responsible for supplier relationships. The Policy is available at our internal online platform and upon request. Supplier relationship owners are guided in a process designed to ensure declarations of compliance with the Modern Slavery Act are obtained from all relevant suppliers.
Following a review of the effectiveness of the steps we have taken in 2016 to attempt to ensure that there is no slavery or human trafficking in our supply chains we intend to take the following further steps to combat slavery and human trafficking:
. All new suppliers will be asked to sign a Declaration of Compliance with the Modern Slavery Act 2015 or will provide copies of their own policies.
. Our policy will be reviewed annually and/or earlier in case of any amendments to current legislation.
. Upon each annual review, the existing policy or any relevant new amended policy will be signed off by management.
This statement is made pursuant to section 54(1) of the Modern Slavery Act 2015 and constitutes our Group's slavery and human trafficking statement for the financial year ending 31st December 2016.