MyAssets: Platform Terms and Conditions.
1. Introduction:
1.1 These Terms and Conditions form the agreement between users of the MyAssets platform and MyAssets Limited, a company registered in Hong Kong with business registration number 72967412 and a registered address of 503 Crawford House, 70 Queens Road Central, Hong Kong, (“MyAssets HK”).
1.2 The MyAssets platform (“Platform”) is controlled and operated by MyAssets Limited, a UK registered company with company number 14109037 and a registered address of 73 Cornhill, London, United Kingdom, EC3V 3QQ, (“MyAssets UK”).
1.3 The Platform is ultimately owned by TMO Platforms Ltd, a company registered in Hong Kong with business registration number 77353303 and a registered address of Unit B, 11/F, Yam Tze Commercial Building, 23 Thomson Road, Wan Chai, Hong Kong.
1.4 The Platform is a comprehensive, intuitive asset organisation tool that will transform how you organise, view and manage your entire network. For more information about the Platform, please visit the MyAssets website.
1.5 These Terms and Conditions apply to all individuals and entities who use the Platform, including those who have access as a direct user of the Platform and those who have been granted delegate access (collectively referred to as “Users”). By using the Platform, you, as a User, agree to the applicability of these Terms and Conditions.
1.6 Please note that these Terms and Conditions are governed by and construed in accordance with the law of England and Wales. If you are accessing the Platform from outside of England or Wales, you, as a User, are solely responsible for complying with all local laws and regulations.
1.7 For the purpose of the Terms and Conditions, MyAssets HK and MyAssets UK are both contracting parties and are collectively referred to as “MyAssets” throughout.
2. Plaid:
2.1 MyAssets is an agent of Plaid Financial Ltd, an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference Number: 804718). Plaid provides you with regulated account information through MyAssets as its agent. Plaid’s Terms and Conditions and other legal documentation can be found here.
3. Creating an Account:
3.1 You must have an active MyAssets account in order to use the Platform.
3.2 An account can be created via app.myassets.com, using an existing Apple or Google account, or by entering your email address and creating a password. During this process, you may be asked to verify your email address.
3.3 If you are creating an account as a result of being granted delegate access to a User’s account, you will receive an invite via email which will give instructions on how to create your delegate account.
4. Delegate Access:
4.1 Users are solely responsible for managing who has access to their account via delegate access. You can add, remove and amend delegate access via the “access control” section in your MyAssets account.
5. Platform Functionality:
5.1 Users have full control over what information is or is not added to the MyAssets Platform, including text, images and documents.
5.2 Whilst MyAssets can access your account information, such as your name, email address and other contact information, MyAssets employees cannot access any of the data that is supplied by Users during their day-to-day use of the Platform, including any images or documents that are uploaded. This data is stored on a secure, ring-fenced server using encryption in order to ensure that you and any of your delegates are the only people who can view such data.
6. Subscription and Payment:
6.1 You must have an active subscription in order to use the Platform.
6.2 All subscriptions are available on a monthly basis. For more information regarding the applicable fees, please see the subscription page on the Platform or the MyAssets website .
6.3 All subscriptions are provided on an autorenewal basis, meaning that your subscription will continue until cancelled in line with section 9 below.
7. Maintenance, Updates and Bug Fixes:
7.1 MyAssets provides best endeavours to make the Platform available at all times. However, there will be occasions where the Platform may be unavailable, for example, during planned and unscheduled maintenance. Where appropriate, MyAssets will give reasonable notice of this.
8. Acceptable Use Policy:
8.1 The Platform must only be used in compliance with these Terms and Conditions.
8.2 You must not:
- use the Platform in a manner that is unlawful or fraudulent.
- knowingly cause harm to the Platform by uploading, sending or in any way transmitting data that contains any form of virus or malware or any other code designed to adversely affect computers, hardware, software or data of any kind.
- knowingly cause harm to any other User of the Platform.
- upload any content that could be deemed offensive and/or illegal.
- reverse engineer or otherwise interfere with the intellectual property rights of MyAssets in the Platform.
9. Cancellation and Termination:
9.1 All subscriptions come with a cooling-off period, meaning that you have the right to cancel for any reason within the first 14 days of your subscription. Where payments have been made, a refund will be provided for any unused services.
9.2 After the initial 14-day period, you can cancel your subscription at any time by giving us written notice of your intent to cancel, or by cancelling your subscription within your account. In such an event you may remain under the obligation to pay any outstanding sums in relation to your existing subscription term and will not receive a refund in regard to any paid subscription fees. If you cancel with time left in your subscription term, you can use your account until end of such term.
9.3 If MyAssets cancels or terminates your subscription for any reason, MyAssets will give you an appropriate amount of written notice of such cancellation. In such case you may be entitled to a partial refund and may still be able to access your account until the end of your current subscription term.
9.4 If you breach these Terms and Conditions, MyAssets has the right to cancel your subscription with immediate effect. In such an event you will not be entitled to any refund and access to your account will be revoked immediately.
10. Disclaimers and Warranties:
10.1 MyAssets provide best endeavours to deliver all services in relation to the Platform in line with industry standards.
10.2 MyAssets cannot be held responsible for any interruptions or errors with the Platform that are outside of their control.
11. Intellectual Property:
11.1 With the exception of content a User adds to the Platform, MyAssets owns the rights to, or has a licence to use, all content in the Platform, including copyright, trademark material and other intellectual property.
12. Links to Third Party Websites:
12.1 Links to third party websites or applications may be included or embedded into the Platform. The inclusion of such links are for information purposes only or to increase the Platform’s functionality and does not imply any endorsement of the websites or applications themselves or those in control of them.
12.2 Unless expressly stated, the third parties that are linked on the Platform are not under the control of MyAssets nor do they assume or accept responsibility or liability for the content of such third-party websites or applications.
13. Data Protection and Privacy:
13.1 For the purposes of the UK Data Protection Act 2018 (“DPA’18”) and the European General Data Protection Regulation (“GDPR”) MyAssets are the data controller.
13.2 All personal data that is collected through the Platform is processed and retained in accordance with MyAssets’ Privacy Policy.
14. Indemnification:
14.1 All Users shall defend, indemnify and hold harmless MyAssets against claims, actions, proceedings, losses, damages, expenses and costs (including court costs and reasonable legal fees) arising out of or in connection with their use of the Platform.
15. Limitation of Liability:
15.1 MyAssets will provide best endeavours to ensure the safety, security and accessibility of the Platform, however, they cannot be held liable for any damages directly or indirectly resulting from the use of the Platform.
15.2 Nothing in these Terms and Conditions seeks to exclude or limit MyAssets’ liability to the extent that cannot lawfully be excluded or limited. This includes MyAssets’ responsibilities under DPA’18 and other relevant data protection regulations in relation to data breaches.
15.3 Liability, if any, shall be limited to the subscription fees paid by the User over any relevant 6-month period.
16. Changes to this Agreement:
16.1 MyAssets retains the right to make changes to these Terms and Conditions at any time.
16.2 Where changes are made such changes shall take immediate effect and an updated version of these Terms and Conditions shall be uploaded to the Platform as soon as is practicable.
17. Force Majeure:
17.1 MyAssets will not be liable for inadequate performance to the extent caused by a condition that was beyond their control, for example, natural disasters, acts of war or terrorism, riots, governmental action, pandemics and internet disturbances.
18. Severability:
18.1 If any provisions of these Terms and Conditions are to be found unlawful or otherwise unenforceable by any court or other authority, those provisions shall be deemed severed from these Terms and Conditions. The remainder of these Terms and Conditions and their provisions shall remain valid and enforceable.
19. Arbitration Clause:
19.1 Any dispute arising out of or in connection with this Agreement, including questions regarding its existence, validity or termination, shall be referred to and resolved by arbitration.
20. Law and Jurisdiction:
20.1 Any disputes arising out of these Terms and Conditions, whether contractual or otherwise, shall be governed by and construed in accordance with the laws of England and Wales.
20.2 Any disputes that are not resolved under the above Arbitration Clause shall be subject to the jurisdiction of the courts of England and Wales.
