Terms and Conditions
- These Terms and Conditions (hereinafter the “T&Cs”) govern the use of the platform (hereinafter “THEPLATFORM” or “theplatform.finance”) available at https://www.theplatform.finance and managed by the company “THEPLATFORM Ltd”, with registered office in 37-38 Long Acre London, United Kingdom, WC2E 9JT, England, (hereinafter “THEPLATFORM”, the “Company” or “We”) by the Users of THEPLATFORM indicated in clause 2 below.
- Your legal relationship with us for each service is governed by the T&Cs together with any special, additional or supplemental terms set out in other documents which we give you (together, the “Agreement”). If the terms in this document are inconsistent with any term in any other document in the Agreement, the term in that document will apply.
- THEPLATFORM is a tool for eligible customers (hereafter, the “Customers”, “Users” or “You”) to enjoy content (e.g., text, analysis, video, etc.) produced by Us or by third parties regarding alternative markets (collectively, the “Services” and the content included in the Services, the “Content”).
- Access to and distribution of Content on THEPLATFORM may be prohibited or restricted in certain jurisdictions or territories. The Content is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company or its affiliates to any registration requirement within such jurisdiction or country. The Company may in its sole discretion restrict access to Content by Users. You will only be eligible to use the benefits and services provided to you under the Agreement subject to your status and after you have complied with any relevant eligibility criteria. Details of any applicable eligibility criteria may be varied by us in accordance with the Agreement. If at any point you fail to meet any eligibility criteria, we may terminate the Agreement, stop providing the relevant service or product or move you to an alternative service or product for which you do meet the eligibility criteria.
- You are responsible for reviewing these T&Cs and abiding by all applicable laws, regulations and codes of conduct in your jurisdiction. You agree to be solely responsible for all things arising from your use of the Services and the Content.
- By accepting our Content You agree to be bound by the T&Cs including any limitations set out within.
THEPLATFORM provides the following Services to Users on a general basis and not customised to each individual User:
- general information about trends in alternative markets;
- news and specific articles on alternative markets (e.g. on specific platforms);
- descriptive and educational content sections;
- reports, research, and investment strategies on alternative markets;
- non-customised analysis of alternative investment products;
- non-customised technical analysis of financial instruments (e.g. investment funds); and
- other Services identified by the Company from time to time and conveyed through THEPLATFORM.
- THEPLATFORM will contain both public and paid information as it is hosted in a section that the User can access only after purchasing a specific subscription, as described in the following clause 2.
- In order to gain access to the fee-based restricted area, when registering for THEPLATFORM, the User must certify by means of a self-declaration his or her status as a professional investor or belonging to one of the categories illustrated during registration. “Professional investor” means: (i) in the UK, the persons referred to in point (8) of Article 2(1) of the Markets in Financial Instruments Regulation; or (ii) the persons referred to in Annex II, paras. I and II of the EU Directive 2014/65 (MiFID II) in the text in force at the time of registration by the User (i.e., investors qualifying as professional under the law or upon request). The Company reserves the right, at any time, to verify the truthfulness of the self-declarations provided by means of checks in the terms and manner it deems most appropriate from time to time (e.g., on a sample basis; by consulting public registers). As part of these checks, the Company may require the User to provide supporting documentation to prove what was self-declared during registration. If the outcome of the controls shows that the User accessing the paid area does not qualify as a professional investor under the law or upon request, the Company will terminate the contract pursuant to clause5 of these T&Cs.
- Content related to products which are not on the market will not be published (e.g., soon-to-be-marketed funds) or, otherwise, for which restrictions are known to the Company that would prevent the publication of Content. In addition, all Services pertaining to existing products will be based on publicly accessible information.
3. Account and Subscriptions
- At the Company’s discretion, some content may be available to unregistered Users who may not classify themselves as professional investors (“Free Users”). Free Users are still required to comply with these T&Cs.
- Other categories of Users, upon completion of the registration process, will receive a set of credentials consisting of a username and password (the “Credentials”) that must be used for each subsequent access to theplatform.finance. The Credentials are personal and non-transferable. Each User in possession of Credentials shall be responsible for keeping them safe and secure. We will not be held liable for the unauthorised use of Your Credentials.
- With reference to the paid section of theplatform.finance, there are two categories of Users provided: Members Investors and Members Issuers. In this regard, during registration the user will be asked to select one of these categories. The two different profiles have the following characteristics:
- Member Investors are entitled to enjoy the Content and Services offered through THEPLATFORM based on their subscription features as published within THEPLATFORM. In addition to the Services provided in their subscription, Member Investors will be able to purchase additional services such as, but not limited to: (i) hourly packages with the Company’s analysts; (ii) provision of more in-depth analysis or research and; (iii) access to courses on specific topics in alternative markets;
- Member Issuers are Paid Users who, in addition to having access to all Services, can request or purchase: (i) in-depth analysis of their investment products (such analysis will never contain investment advice and/or recommendations, but will be limited to technical and market reference analysis) and/or (ii)hourly packages or contact with the Company’s analysts via calls/emails/chats to understand how to better investor relations or produce more effective pitches. Production of content at the request of Member Issuers is subject to appropriate agreements between the requesting Member Issuers and the Company.
- Content may also be produced by third parties (the “Contributors”) subject to an agreement between third parties and the Company. In producing Content, the Contributors shall, in all cases, follow the publication rules governing the publication of Content on THEPLATFORM.
- Content produced by the Company or third parties will be published on THEPLATFORM. To access these services, Member Investors will be required to pay an annual fee (billed quarterly), except as otherwise provided for in the subscription terms published on THEPLATFORM.
4. Platform Amendments
- In order to keep THEPLATFORM in good working order, the Company may at any time, unscheduled and without prior notice, carry out works on THEPLATFORM to modify its features and functionality.
- In some cases, maintenance interventions may result in temporary suspension of the Services. THEPLATFORM will make every reasonable effort to minimise such suspensions and to provide notice thereof. Such modifications will be deemed to be automatically accepted by the User if the User continues to use THEPLATFORM. If Users do not intend to accept such change, they shall give immediate notice to the addresses set forth in clause 11 no later than one day following the day the change takes place.
- To ensure the protection of Users, the Company reserves the right to implement additional security measures at any time, including, but not limited to, double or multi-factor authentication mechanisms.
- The Company reserves the right to unilaterally amend the T&Cs, at its sole discretion, without notice, or liability, in accordance with applicable law, by giving the User appropriate notice through the Platform. For example, this includes: (a) to improve the service or facility that we supply; (b) to introduce a new service or replace an existing service with a new one, (c) as a result of a legal or regulatory requirement (or where we reasonably expect that there will be a change in a regulatory requirement).
- The amended T&Cs will be deemed to be automatically accepted by the User if the User continues to use THEPLATFORM.
5. Relationship Duration and Termination
- Your use of THEPLATFORM is not time-limited. Users may at any time proceed to deactivate their personal account, unless otherwise provided for in the contractual conditions specific to each Service.
- In the event that the User fails to pay its subscription fee within the agreed terms and on the date it falls due, the Company has the right to suspend access to the Content or terminate the agreement with the User at any time with immediate effect by giving written notice.
Notwithstanding the above, the Company has the right to immediately terminate the agreement if the User violates any of the provisions contained in clauses 3.1, 2.2 and 9.2 of these T&Cs. This right shall be deemed to be exercised by the Company by means of a written notice sent to the User following the violation to the address that the User provided during registration. In such cases, the User will be obliged to pay the remaining part of the subscription for the month still in progress, i.e. the month in which the violation occurred, no later than 10 (ten) days from the expiration of the subscription. We reserve the right to restrict the User from re-subscribing to THEPLATFORM.
6. Third-Party Services
The Company may offer third party services through THEPLATFORM (the “Third-Party Services”). If a User decides to enable, access or use Third Party Services (including, without limitation, the services of payment gateway providers) please be advised that Users’ access to and use of such Third Party Services is governed solely by the terms and conditions of such Third Party Services and the Company is not responsible for and makes no representations regarding any aspect of such Third Party Services, including, without limitation, their content or how they handle data (including Users’ personal data) or any interaction between any User and the provider of such Third Party Services. Users irrevocably waive any and all claims against the Company in connection with such Third-Party Services. The Company is not liable for any damage or loss caused or alleged to be caused by or in connection with Users’ enabling, accessing, or use of such Third-Party Services, or Users’ reliance on the privacy practices, data security processes, or other policies of such Third-Party Services. Users may be required to register for or access such Third-Party Services on their respective websites. By enabling any service, Users expressly agree that the Company may disclose Users’ access as well as Users’ data if necessary to facilitate the use or enablement of Third-Party Services.
7. Limitation of Liability
- The Content and information contained in THEPLATFORM are provided for information purposes only, and nothing contained within should be construed as an offer, or the solicitation of an offer, to buy or sell any security, product, service or investment. The Company does not provide investment advisory services therefore disclaims any responsibility for any content regardless of the manner in which it is proposed to Users. The Content reflects the objective views of the analyst(s) named and does not constitute investment advice. Analysts are expected to come to their views after a careful review of the available information about the sector, product, market or entity concerned, an independent assessment of information about the sector and competitors, and by applying their experience to the research. The Company assumes no responsibility for Content published, disseminated and/or proposed through THEPLATFORM as the result of discretionary technical analysis. It follows that no responsibility can be placed on the Company with regard to the use of the material and the Users’ reliance on the information posted. To the maximum extent permitted by law, the Company shall not be liable for any loss or damage that the User may incur as a result of choices made on the basis of the Content. Anyone who has any doubt on whether information contained on THEPLATFORM is suitable or relevant to their strategic decisions should consult their professional advisers.
- THEPLATFORM, to the fullest extent permitted by applicable law, makes no warranties and expressly disclaims all liability, except for willful misconduct and gross negligence, arising out of THEPLATFORM, the materials or information contained therein, or relating to the quality of THEPLATFORM, the materials or information contained therein, the adequacy and accuracy thereof or the absence of errors or defects therein, the absence of infringement of third party rights, the availability thereof at all times, the compliance with technical standards, the timely response and response to instructions or inquiries made through the Platform.
- The Company is committed to maintaining THEPLATFORM in good working order. However, unexpected malfunctions may occur that render THEPLATFORM inaccessible, in whole or in part, even for long periods of time. Where such malfunctions are the fault of third parties, whether directly or indirectly, the Company shall accept no responsibility for damage caused to Users and/or third parties.
- Users release the Company from all liability, in whatever capacity, for any misuse (contrary to the law, any regulations and/or the T&Cs) of THEPLATFORM by Users and/or third parties.
The companies or legal entities covered in the Content may pay us a fee, commission or other remuneration in order for the content to be made available. A full list of companies or legal entities that have paid us for coverage within the past 12 months can be viewed at [insert website].
9. No Recommendation
- The receipt of the Content by any person is not to be taken as constituting the giving of investment advice by the Company to any such person.
- The Company never makes recommendations nor target prices nor words which could be construed as an ‘implicit recommendation’. Where a fair value price is given in the Content, such as a discounted cash flow or peer comparison, this is the theoretical result of a range of possible outcomes, and not a forecast of likely price or target price. Any fair value or view on a company or variable is made at the date on the note and is solely the opinion of the author of the report. Inevitably, conditions may change over time and events occur which may mean that forecasts, fair values and opinions published on a particular date might no longer be valid. We may publish further content on these securities/companies and legal entities but We have no scheduled commitment and may cease to follow these securities/companies and legal entities without notice.
- All information used in the Content comes from publicly available sources that are believed to be reliable. However, no guarantee, warranty or representation, express or implied, can be given by the Company as to the accuracy, adequacy or completeness of the information contained in the research and we are not responsible for any errors or omissions or results obtained from such information.
- Some or all alternative investments or markets may not be suitable for certain investors. They may also be speculative and involve a high degree of risk. An investor could lose all or a substantial amount of their investment. Investments may be leveraged and performance may be volatile. They may also have high fees and expenses that reduce returns. Each investor’s particular needs, investment objectives and financial situation were not taken into account in the preparation of the Content and the material contained within. Each investor must make their own independent decisions and obtain their own independent legal advice regarding any information, projects, securities, products, strategy or financial instruments mentioned within. The fact that the Company has made available various information through the Content, constitutes neither a recommendation to enter into a particular transaction nor a representation that any such instrument or strategy is suitable or appropriate for You. Each investor should consider whether an investment strategy of the purchase or sale of any product or security is appropriate for them in the light of their investment needs, objectives and financial circumstances.
- Where a note refers to a particular tax treatment, the tax treatment will depend on each investor’s particular circumstances and may be subject to future change. Each investor’s particular needs, investment objectives and financial situation are not taken into account in the preparation of our research and the material contained within it.
10. Financial Promotion
The Content may constitute a ‘financial promotion’ for the purposes of section 21 of the Financial Services and Markets Act 2000 (“FSMA”) and accordingly its distribution in the United Kingdom is restricted. Neither the Company nor any person authorised by the Financial Conduct Authority has approved or authorised the Content for the purposes of section 21 FSMA. Accordingly, the Content is only directed at:
- persons who have professional experience in matters relating to investments falling within Article 19(5) (Investment Professionals) or Article 49 (High Net Worth Companies, Unincorporated Associations etc.) of the Financial Services and Markets Act 2000 (Financial Promotions) Order 2005 (as amended) (the Order); and
- any other person whom it may lawfully be communicated. (together, the “relevant persons”).
The Content is directed at only relevant persons and must not, under any circumstances be acted on or relied on by persons who are not relevant persons. Any investment or investment activity to which this communication relates is only available to relevant persons and will be engaged in only with relevant persons. The UK compensation scheme and rules for the protection of private customers do not apply to the services provided or products sold by non-UK regulated affiliates.
11. Personal Data
12. Industrial and Intellectual Property
- Unless otherwise expressly stated in writing, all intellectual and industrial property rights relating to THEPLATFORM, including Content trademarks, logos and other distinctive signs are the exclusive property of the Company. Any unauthorised use of the trademark or other distinctive sign in the name “THEPLATFORM” is prohibited.
- While using THEPLATFORM, the User will not attempt to perform any of the following:
- post inappropriate content or items in any area of THEPLATFORM;
- violate laws, third party rights, or behavioural policies;
- post content that is false, misleading, deceptive, inaccurate, defamatory, or offensive (including unsolicited personal information);
- take any action that may harm the reputation of THEPLATFORM;
- transfer the user account to another party without the Company’s written consent;
- distribute or send spam, viruses, mass electronic communications, or pyramid schemes;
- distribute any technology that may harm THEPLATFORM, the Platform, or infringe upon any of our other rights (including intellectual property rights, privacy, and publicity rights) or that is illegal, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane, or that may harass or incite hatred toward any person;
- incorporate any part of THEPLATFORM into another platform or website without the Company’s permission;
- attempt to modify, translate, adapt, edit, disassemble, or reverse engineer any software used by us and linked to THEPLATFORM;
- collect information about other Users, including e-mails, addresses without conse
- use the Services to facilitate the exchange of money, including, for example, cryptocurrencies;
- carry out any kind of activity that may harm THEPLATFORM, Users or third parties.
Any feedback, comments, ideas, improvements or suggestions (collectively, “Suggestions”) provided by the User to the Company in connection with the Platform (including Content) shall remain the sole and exclusive property of the Company. The Company shall be free to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any manner without any credit or compensation to the User.
13. Applicable Law and Jurisdiction
- These T&Cs are governed by and are to be interpreted according to the laws of England and Wales.
- Except where a mandatory forum is provided for by law, any dispute arising out of, or in any way connected with, these T&Cs shall be referred to the courts of England and Wales with express exclusion of any other competing forum.
Any communication with the Company may be made directly on the Platform via one of the available modes or alternatively by e-mail to the following address:
Any communication by the Company/THEPLATFORM to Users will be by e-mail to the address provided by Users during registration and found in the Platform’s systems.