A. Terms & Conditions
1. Scope of Agreement and Services
e-fundresearch.com Data GmbH, having its registered office at Universitätsring 10, A-1010 Wien („e-funddata“, „we“, „us“, „our“) offers its services via the website www.investESG.eu („Website“).
The website provides a web-based information service. e-funddata is not a transaction, broker or advisory platform and does not provide any kind of investment service, advice or recommendation on any type of investment product or service.
Users of the website can be interested individuals or representatives of companies and organizations and asset managers, institutional investors (as defined in Directive 2004/39/EC on markets in financial instruments, Annex II, „Professional Clients for the Purpose of this Directive“,) as well as service providers („User“). Users can be readers and/or contributors of investESG.eu.
This Terms and Conditions („Terms”) govern the relationship between us and Users for the use of the website. Users are to be qualified as entrepreneurs since they are – as natural persons or legal entities – acting for purposes relating to their trade, business, craft or profession according to Sec 1 Austrian Corporate Code.
If you do not agree to these Terms, you may not use the website. These Terms shall apply to the exclusion of all other conditions except where alternative provisions have been agreed in writing. For any questions, Users can contact e-funddata by email, telephone or mail (through the “contact” section on the website).
4. Information and Content
The investESG.eu website provides information and content.
Content – whatever its nature (financial or otherwise) – is provided for information purposes only by the provider of the content to Users of the investESG.eu website. The Users are solely responsible for ensuring that any submitted Content complies with all applicable laws and does not infringe any third party rights, as well as is neither offensive nor improper.
The information should neither be regarded as an offer nor a solicitation to buy, sell or otherwise deal with any investment referred to therein and is not intended for distribution to or use by any person in any country, where the investment product and services referred to are not authorized or registered for distribution or in which the
dissemination of information on the funds or services is forbidden. Specific regimes might allow asset managers to use or restrict the use of the content provided.
The information has no value in terms of legal, accounting or tax advice and is only valid at the time given. It cannot appropriately substitute the knowledge and skills of the user of the information and may be withdrawn or modified at any time without prior warning by us. Users have the opportunity to download information or can choose to keep information online on the website and use the information online.
The information may further originate from third parties consulted by e-funddata or investESG.eu. e-funddata cannot be held responsible for any direct or indirect consequences resulting from the use of this information. None of the material included in the information has been audited by any independent body and may be altered at any time without any notice.
Any information provided by Users is understood to represent marketing information and marketing material and does not represent advice to any party in any form. Content contributions of Users to the Website reflect the opinions of the author(s) involved and not those of e-funddata or its staff.
6. Use of the Website
It is important that the website is used safely and in accordance with the law. Each time the User connects, he must ensure that his IT installations do not suffer any technical anomaly or contain any virus or other program that could jeopardize the security of the use of the website.
The User’s web browser installation must have the minimum required configuration necessary to be able to use the full functionality. e-funddata can provide information on the most appropriate internet browser versions. In general, the User must take all reasonable steps to maintain the security of his access to the website. The User must further comply with the legislation of his place of residence and/or domicile and with the legislation of the place where he uses the website.
The Users are prohibited to use the website, in particular but not limited to:
· decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the website or any Content except as permitted by copyright law;
· promote any illegal activity, or advocate, promote or assist any unlawful act or violates existing financial regulations;
· violate legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms;
· transmit any material or content that is pornographic, obscene, improper, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, shocking, inappropriate for families, illegal, or otherwise objectionable;
· transmit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
· transmit material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
· transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, „junk mail“, „spam“, „chain letters“, „pyramid schemes“, or any other form of solicitation;
· transmit or encourage the transmission of any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
· use the website in a manner that (i) is likely to interrupt, suspend, slow down or hinder the continuity of the website, (ii) constitutes an intrusion or attempt to break into the website or our IT infrastructure, (iii) will divert of the website’s system resources, (iv) may place a disproportionate load on the infrastructure of the website, or (v) constitutes an attack on security and authentication measures of the website or our IT infrastructure;
· Intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
· distribute any part of the website, including but not limited to any content, in any medium without prior written authorisation of us or the respective owner;
· otherwise use the website for purposes other than those for which it is designed.
The Users shall fully indemnify and hold us harmless from and against any claims, damages, liabilities, costs, losses and expenses arising out of (i) User’s negligent breach of these Terms, (ii) User’s negligent violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right and/or (iii) any of its content causing negligently damage to us or a third party.
7. Warranty
The website is provided „as is“. While the Content of the website is assembled with the utmost care on the part of Users, due to the great extent of Content, we do not have any influence on the correctness, accuracy, up-to-date nature, completeness or, more generally, the quality or the reliability of Content and does not adopt it as its own. Accordingly, e-funddata does not give any warranties of any kind, either express or implied for User’s Content and its accuracy or completeness. The use of the Content is at the risk of the user. As the website solely provides for communication facilities and any decision to enter into a business engagement is directly communicated and concluded between the Users, e-funddata is not liable for any wrongful information provided by either party. Users shall verify all information prior to entering into any financial obligations with another User or third party.
e-funddata provides the website with due care. However, it is not possible to entirely avoid errors, infringements by third parties or mistakes in the content originating from e-funddata. Nevertheless, we will make diligent efforts to eliminate any noticed or notified errors as soon as possible.
We can furthermore not guarantee that the website is available uninterruptedly. Temporary connection interruptions may occur. e-funddata reserves the right to do maintenance works at any time without prior notice. If a User finds inadmissible content on the website, the User may report it to office@e-funddata.com. We will review reported content and make diligent efforts to eliminate infringing content and to take legal action, as appropriate.
8. Liability
e-funddata shall not be responsible for any losses, penalties, surcharges, damages, interest or other liabilities arising from the use of the website and its services. Users will not make any claim (direct or indirect) against e-funddata in respect to the above. The limitation of liability does not apply to damages caused by gross negligence or intent, injury of life, personal harm or injury of health and claims under the product liability act.
Users have to prove the existence of intent or gross negligence and assert claims for damages within one year from the date of damage inflicting.
Furthermore, e-funddata shall not be liable for any direct or indirect loss or damage which may be caused in relation to:
· any error or negligence by the user, the internet service provider or a third party, in particular when using the website;
· interruption, stoppage or malfunction of the use in particular in the event of maintenance or repair of the computer service, technical breakdown of the computer system or overload of the internet network or disconnection of a telephone line or other data lines (WiFi, etc.);
· a virus originating on the internet which neither the user’s anti-virus system nor the reasonable measures taken by e-funddata or it’s web hosting partner could have detected;
· unlawful access by a third party to e-funddata or the user’s computer system as a result of error or negligence by the user;
· any event not directly attributable to e-funddata, and beyond its reasonable control.
In the event of force majeure or in the occurrence of an event falling outside the control of e-funddata, the latter may interrupt or be obliged to interrupt all or part of the service, without prior notice. e-funddata cannot in any circumstances be held responsible for such interruptions and/or delays in re-establishing the service unless gross negligence on its part has been proven.
e-funddata shall not be held liable in the event of problems attributable to the defective operation or poor configuration or general use of the User’s computer equipment or where the computer equipment used by the User is not sufficiently powerful. The same shall be true for any loss or damage that connection to the service and/or the use of any software thereon may cause to the User’s computer equipment (hardware, software …) or to stored data.
The website can contain links to third-party websites or services that we do not control. These websites and services are the responsibility of their respective owners and are governed by their own terms of use. While e-funddata monitors the sites it links to, it has no influence over the content and cannot be held liable for any risks associated with their use. The inclusion of these links does not imply an official endorsement on the part of e-funddata or its staff.
9. Pricing for Products and Services
e-funddata provides Users information on the pricing schedule for products and services through its marketing & sales communication (investESG.eu). It reserves the right to amend its prices and fees, dates, periods as well as its product and service portfolio. Invoices are payable in full within 14 days of receipt, unless alternate arrangements have been made. e-funddata reserves the right to charge late payment charges and interest and might suspend the provision of additional services until all outstanding sums are paid in full.
10. Copyright and Intellectual Property
Users retain all ownership rights in any Content they provide us through the website. Users herby grant e-funddata the non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, irrevocable right to use, host, store, reproduce, publish and distribute all of the Content that is provided by Users and/or contributors, including but not limited to all images and texts. The rights are granted for the limited purpose of operating, promoting and improving the website and we will only use your Content to the extent necessary to provide our services. This license ends when the User deletes his Content or his Account unless the respective Content has been shared with others and they have not deleted it.
The elements of the website such as text, pictures, illustrations, as well as design and structure of the website and structure and contents of the database are subject to copyright protection and may not be copied, sent, made available, presented, performed, modified, translated or utilized or disseminated without a formal license agreement or prior written consent from e-funddata.
The Users themselves are responsible for keeping their company information, including logo(s), up to date in the section Settings. The Users are obliged to inform e-funddata on their company logo use restrictions. Unless the logo use restrictions are received and confirmed in writing by e-funddata, the platform is authorized to utilize the logo(s) provided by the contributor or User.
11. Information Access
Content provided by Users and contributors is accessible restriction-free to Users.
e-funddata endeavors to provide the services outlined with the highest skill and care possible. If Users experience any problem with services, the matter should be raised in writing to e-funddata support through the contact link on the website. Sufficient detail on the nature of the complaint should be given so that e-funddata can investigate the concerns fully. e-funddata will confirm receipt of concern and look to provide a written response within reasonable time.
13. Applicable Law
Any legal dispute arising from the use of the website shall be governed exclusively by Austrian substantive law, without giving effect to any principles of conflicts of law.
All disputes directly or indirectly relating to or in connection with the use of the website, including the question of applicability of these Terms, shall be governed exclusively by the Austrian court having jurisdiction ratione loci and ratione materiae for 1010 Vienna, Austria.
These Terms are valid from 20 July 2020 and can be amended without prior notice. Amended terms and conditions will be published on the e-funddata website. Terms applicable to investRFP.com specifically are published on www.investRFP.com.
e-fundresearch.com Data GmbH Universitätsring 10 A-1010 Wien Tel: +43 1 5333444-10 Email: office@e-funddata.com