Terms and Conditions
Welcome to The Motley Fool UK! These Terms and Conditions are an agreement between you (and presumably you know who you are) and The Motley Fool Limited (“The Motley Fool”, “The Fool,” “TMF”, “we”, or “us”.) We are a limited company registered in England. Our registered company number is 03736872 and our registered office is at 48 Warwick Street, London, W1B 5AW. We are regulated by the Financial Conduct Authority. Our VAT number is 188035783.
By using our services, you are agreeing to be bound by all of these terms and conditions. We may change these terms at any time, but we will post a notice on this website of any material changes. Your continued use of The Motley Fool means that you accept any new or modified terms.
Please note that if you use or subscribe to our premium products and services such as Share Advisor, Hidden Winners, Pro, or the Share Dealing Service, you may be subject to additional terms and conditions. Please refer to those products’ specific rules for guidance (link to these separate terms and conditions are provided earlier in this paragraph).
- Your Conduct
- Transfer of information
- Our content
- Your content
- Your content in CAPS-UK
- Virtual players in CAPS-UK
- Trial and Introductory Offers
- Disclaimer of warranties and liability
- Trademark information
- General information
In order to register you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these Terms and Conditions).
By registering, you certify that all information you provide in the registration is accurate. Users may only maintain one active registration. In other words, it’s one registration per person. By accepting this agreement, you certify that you have no other registration with The Motley Fool.
You must have a valid email registered with us at all times. If an email that we send to you should bounce for some reason, your account may be temporarily suspended until you contact us with a verifiable address.
Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.
As a registered user, you can change your password at any time and your user name up to three times in a calendar year. Also, if you forget your password, please go to our Forgot your password? page and we’ll send you a link that will let you set a new one. If this doesn’t help, you can contact us at the e-mail address given on that page.
The Motley Fool champions active and open debate among our members. All that we ask is that it’s done in a lawful and civil manner — be it posting on our boards or using our system to email another user directly. Accordingly, you agree to use The Motley Fool and CAPS-UK for lawful and non-professional purposes only.
You may not use, or allow others to use, your Fool membership to:
- Post or transmit statements that are false or misleading, or use such statements to manipulate the market for any security, or engage in any type of market abuse;
- Offer, sell, or buy any security;
- Violate any applicable laws, rules or regulations, including those of the Financial Conduct Authority and the national or other securities exchanges;
- Post or transmit any content that is disruptive, uncivil, abusive, vulgar, obscene, hateful, fraudulent, threatening, unlawful, harassing, defamatory, discriminatory, or which discloses confidential or private or personal matters concerning any person;
- Post or transmit any material that could prejudice any active legal proceedings (including criminal proceedings) of which you are aware or which breaches any court order of which you are aware;
- Post or transmit any material that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary obligations (as in non-disclosure agreements) or which infringes any intellectual property right or other right of any person;
- Post or transmit any sexually explicit material;
- Post or transmit material which does or is likely to cause someone alarm, anxiety or distress or to encourage violence;
- Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters or pyramid schemes;
- Re-post material that you are aware has been removed;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation or status;
- Encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
- Collect or store personal data about other users or act in breach of data protection legislation (such as the Data Protection Act 1998);
- Post or transmit any file that contains viruses, corrupted files, “Trojan Horses,” or any other contaminating or destructive features that may damage someone else’s computer or our systems;
- Forge, mask or manipulate any headers, identifiers, domain names or other data in order to disguise the origin of any content transmitted through or on our sites or to manipulate your presence or activities on or via our sites;
- Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites;
- Try to get around any protections, suspensions or terminations we put in place for the security and operation of our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Take any action that damages or disrupts the functioning of our systems or services.
- Link to any site, page, post or platform which includes material which breaches any of the above rules.
Unauthorized access of our sites is a breach of these Terms and Conditions and a violation of the law. You agree not to access our sites by any means other than the interfaces we provide for use in accessing them.
While we can’t review all transmissions by our users, the Fool reserves the right to monitor any information transmitted or received through our services. The Fool, at its sole discretion and without prior notice or any obligation on our part, may at any time review, edit, remove, or otherwise block any post or prevent, suspend or terminate your membership for violating the above provisions or otherwise taking any action considered by us to be disruptive to the Fool’s service, staff or operations.
We also have the right, but not the obligation, to remove, without notice, any individual CAPS-UK picks, delete or suspend any CAPS-UK players, remove any CAPS-UK scorecards, remove any comments or pitches, or take any action against a user for violating the above rules or otherwise taking any action considered by us to be disruptive to the CAPS-UK service, staff or operations.
You are responsible for all statements made and acts that occur through the use of your membership and password. So, please don’t disclose your password to anybody. If you think that your password has been compromised, you must let us know by contacting Customer Service, at CustomerServices@Fool.co.uk
Transfer of information
Please note that any information you enter on our websites (such as when you register or purchase something from us, or when you participate in CAPS-UK) will be transferred outside the European Economic Area and to the United States of America for the purposes of processing and maintenance. By submitting your information to us, you expressly consent to this transfer. For more information on our privacy practices, and to view the terms under which all personal data is maintained, please review our Privacy Statement, which is incorporated into these Terms and Conditions by reference.
Except as expressly provided in this Agreement, all of the content on this site is the property of The Motley Fool and is protected by UK and international copyright laws. “Content” means any information, mode of expression, or other material and services found on The Motley Fool. This includes discussion boards, CAPS-UK, chat, software, our writings, graphics and any and all other features found on the site. Our content is intended for individual, personal use only. Accordingly, you may make one copy of our content for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice:
“Copyright The Motley Fool. Any other copying, distribution, storing or transmission of any kind, or any sort of commercial use of our content is strictly prohibited without our prior written permission.”
CAPS-UK provides ratings and scores for both other members and for shares. These ratings and scores are not endorsements or recommendations – rather, they are aggregations of the sentiment of CAPS participants. The opinions and predictions that people express in CAPS-UK are their own and do not reflect those of The Motley Fool.
The Motley Fool offers no opinion on the individual CAPS-UK members or the shares they rate and/or write about. Members are rated based solely on their past results, so that their current predictions are weighted for their past record. No member or share ratings scores constitute an endorsement by The Motley Fool. Such data also do not constitute a recommendation or endorsement that a particular security or action is suitable for you, or that you should believe other members’ share predictions without question. Remember, past performance is no guarantee of future success, in investing or any human endeavour.
TMF staff members are free to participate in CAPS-UK, if they so wish. You should not believe or assume that our staff have any additional insight or information, or that their predictions are anything more than their personal opinions simply because they have a TMF prefix to their usernames. As with our discussion boards, The Motley Fool does not regulate what our staff say about a company. Their opinions are their own and not that of The Motley Fool. In fact, their opinions may differ substantially from each other as to how specific securities will perform in comparison to the market.
Some TMF employees may have investments in the shares they discuss. All Fool employees are required to disclose their current holdings on their personal profile pages. You can find these profiles by clicking the link to their Fool UK boards profile from their CAPS-UK Profile page. Fool UK employees may not publicly comment about a share for five days either side of dealing in that share.
You hold the copyright in the expression that you post on our sites. Please note, however, that when you post content in our internet areas, you expressly grant The Motley Fool a perpetual, irrevocable, royalty-free, non-exclusive license to use, edit, alter, adapt, translate, copy, publish, continue to publish or republish the submission (and/or an edited, adapted or translated version of it or part of it) (‘the Work’) and/or to sell or otherwise communicate or distribute the Work, as part of an edited compilation or in any other way howsoever. The license is capable of sub-license, unlimited in the use to which we may put the Work and exists whether or not you remain a registered user.
As the license is irrevocable, this means, for example, that we do not have to remove your posts even if you would like us to and even if you are no longer a registered user.
We’ll credit you (under your user name (either the one existing at the time of the post or otherwise) as the author in any use of your material. By submitting your post you warrant that you have the right to grant The Motley Fool the non-exclusive copyright license described above.
And we promise not to make fun of you, unless we think you really deserve it.
Your content in CAPS-UK
CAPS-UK is a forum in which Fool members can share their thoughts on shares. Specifically, CAPS-UK is a platform provided by The Motley Fool that allows you to make predictions about shares, see others’ predictions, collate community opinions, and track their accuracy.
CAPS-UK is aimed at, and published for, individuals residing in the United Kingdom. The Motley Fool makes no representation that CAPS-UK is appropriate for users outside the United Kingdom or permitted under the laws of other jurisdictions. If you choose to access or use CAPS-UK from a location other than the United Kingdom, you do so at your own initiative and risk, and you bear full and complete responsibility for compliance with any applicable laws. Notwithstanding the foregoing, The Motley Fool reserves the right to block access for those whom it believes to be accessing CAPS-UK from somewhere outside the United Kingdom in violation of applicable law.
The data and other materials found in CAPS-UK, including all ratings, scores and selections, do not in any way constitute investment advice or the rendering of investment advice by The Motley Fool or the individual CAPS-UK participants. These predictions reflect an individual’s (or group of individuals’) belief as to how a share will perform vis-à-vis a particular index and is not a definitive statement on its future share price or a call to action as to what you should do with respect to such share. In other words, a prediction that a share will outperform the market is not the same as saying that a share will rise in value (and therefore, you should buy it or hold it). Similarly, a prediction that a share will underperform the market is not the same as saying that a share will decrease in value (and therefore, sell, sell, sell!).
Please remember that CAPS-UK members, regardless of their scores, ratings or avatars, are not professionals and are not making their predictions by way of business. It is against these terms for them to do so and therefore, you should not treat their predictions as investment advice. If you are seeking professional investment advice you should consult an authorised, professional investment adviser.
To sum up, you should use CAPS-UK to understand the opinions of other Fool members, to test your own predictions, and to assess them over time. CAPS-UK predictions are not investment advice or indications of a share’s future price, so please don’t treat them as such. Sometimes there is wisdom in crowds, but sometimes the mass of people has poor judgment, as 1970s haircuts and kipper ties showed.
Virtual players in CAPS-UK
We include the publicly announced predictions of some financial personalities and institutions (or “virtual players” as we like to refer to them) solely so you and other CAPS-UK members can test these virtual players’ predictions through CAPS-UK. They are not to be used as investment advice or viewed as any sort of endorsement, concurrence or approval by The Motley Fool. We have given these “virtual players” screen names that begin with “Track”, as in “TrackBloke”, as well as a “Wall Street” icon / avatar. The virtual players’ predictions displayed may not be complete or timely — we cannot know when people change their mind about a prediction, especially when they don’t tell us.
There may be other players with “Track” in their names who are not created or updated by The Motley Fool – the only virtual players that we maintain have a “Wall Street” avatar and background.
Finally, the existence of a virtual player should not be taken as an implication that any individual endorses CAPS-UK or approves of the use of the virtual player.
Trial and Introductory Offers
We may provide you with the opportunity to ‘test drive’ one of our subscription-based premium services with a free trial or an introductory offer lasting less than a year before you commit to a full subscription. Only one free trial or introductory offer per household is allowed per service. TMF reserves the right to terminate the subscription and membership of the Fool community of anyone who, in our view, has violated this policy.
You agree to indemnify, defend, and hold harmless The Motley Fool, and its parent, affiliates, directors, officers and employees from and against any claim, liability, cost, damage or loss we may incur (including, without limitation, attorneys’ fees) as a result of any material you post on our forum or any violation by you of your obligations under these terms and conditions.
Disclaimer of warranties and liability
The Motley Fool cannot and does not warrant the completeness or accuracy of the news, information, or other content found on our site, including CAPS-UK share or member ratings, or its usefulness for any particular purpose.
You understand and acknowledge that information posted or transmitted by other users are the sole responsibility of the person from whom such material originated. The Motley Fool takes no responsibility for the accuracy, completeness, timeliness, or even truth of the information posted in our areas.
We cannot guarantee the continuous, uninterrupted or error-free operability of the website. There may be times when certain features, parts or content of the website, or the entire website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the website, or any features, parts or content of the website.
The website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
One of the principal tenets here at The Fool is that the best person to manage your finances is YOU and by your use of our service, you’re agreeing that you bear full responsibility for your own investment research and investment decisions. You also agree that The Motley Fool shall not be liable for any decision made or action taken by you or others in reliance upon news, information, or any material published by The Motley Fool. The Fool relies on various sources of information that we believe to be accurate and reliable, and we try very hard to do provide educational, amusing, and useful content. However, The Fool makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. All information provided on The Motley Fool is to be used on an “as is, with all faults” basis.
We make no promises that our content or the service itself will be delivered to you uninterrupted, timely, secure or error-free. In fact, we’re not making any promises or warranties except that we won’t intentionally lie to you. Other than that, we reserve the right to be wrong, stupid or even foolish (with a small “f”).
Now what does all this mean? It means that you agree that under no circumstances shall The Motley Fool be liable for any direct, indirect, incidental or any other type of loss or injury resulting from your use, or downloading of any content on our site. This includes, but is not limited to, loss or injury caused in whole or in part by our negligence or by contingencies beyond our control in creating or delivering any portion of The Motley Fool.
Nothing in these terms excludes or limits The Motley Fool’s liability for (i) death or personal injury caused by its proven negligence or that of its employees and agents; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that, by law, may not be limited or excluded. Subject to the foregoing, The Motley Fool, its employees, agents, parent and affiliates will not be liable for any economic loss including without limitation loss of profits or anticipated savings, or any special, indirect, consequential or exemplary losses you may incur.
Please also see our separate Disclaimer statement, which is incorporated into these Terms and Conditions by reference.
The Motley Fool has a number of trademarks, which are detailed in our Legal Information. You agree not use or display the Motley Fool’s trademarks in any manner without our prior written consent.
If you have a complaint about one of our regulated newsletter services — Share Advisor, Hidden Winners or Pro — then in the first instance you should contact us at CustomerServices@Fool.co.uk, including full details of your complaint. The Motley Fool will attempt to resolve your complaint as quickly as possible and inform you of the outcome of our investigation. We will inform you at the earliest possible opportunity, but within eight weeks in any case. If you remain unhappy with our final response to your complaint then you have the right to refer your complaint to the Financial Ombudsman Service which is the certified Alternative Dispute Resolution body for our FCA regulated products.
If you have a complaint about The Motley Fool Share Dealing service, please see the Share Dealing Service’s complaints handling policy.
For complaints regarding any other aspects of our business please contact CustomerServices@Fool.co.uk. Should there be a dispute that cannot be resolved between you and us then The European Online Dispute Resolution platform provides information about alternative dispute resolution which may be of interest.
Except as otherwise expressly stated in these Terms and Conditions, there are no third party beneficiaries to this agreement.
If any provision in these Terms and Conditions is invalid or unenforceable, the remaining provisions will continue in full force and effect.
These Terms and Conditions shall be governed by English law, and you agree that any dispute between you and us regarding them or the website will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
These Terms & Conditions were last updated on 08/04/2016.