- Scope of Agreement and Services
e-fundresearch.com Data GmbH, having its registered office at Universitätsring 10, A-1010 Wien („e-fundresearch.com“, “we“, “us“, “our“) offers its services via the website www.investRFP.com and its sub-Websites (“Website“).
The Website provides a web-based interactive communications platform to facilitate exchange of information between Issuers and Providers. investRFP.com 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 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”,) and service providers („User“). Users can be issuers of requests („Issuer“) or providers of products and services („Provider“).
investRFP.com does not take any role in the information exchange process between the Issuers and Providers and cannot be part of any transaction or activity related to a specific transaction.
These 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-fundresearch.com by email, telephone or mail (through the “contact” section on the Website).
To be able to use the Website, Users have to validly register for an account (“Account“) by filling out the registration form. User may only provide accurate and complete information and keep their account information updated without delay.
Upon setting up the Account, Users especially have to provide title, name, job title, company name, e-mail-address, country and selected account type. Users may amend the provided data at any time by changing the setting of the Account. By clicking the respective button within the registration process, Users confirm the correctness of the provided information and compliance with these Terms.
Users are at their sole discretion responsible for keeping the respective Account login information (username and password) confidential. Users shall hold us harmless regarding all damages arising from failure to keep the login information confidential. We can only verify if valid login information is used. Users shall notify us immediately if they become aware of any unauthorized use of login information or other breach of security on the Website.
We reserve the right to refuse or revoke a request for setting up an Account or to refuse or revoke an existing registration without giving any reason. Further, we reserve the right to – in our sole discretion – restrict Users’ access, temporarily or indefinitely block Users’ Account, warn Users of other Users’ actions or issue a warning, especially if:
– Users breach these Terms;
– We are unable to verify or authenticate any information Users provide to us;
– Other Users complain about Users activities on the Website;
– We believe that Users actions may cause any loss or liability to other Users or to us.
Users may terminate their Account at any time by deleting the Account. This termination does not affect already exiting claims by us against the user in connection with its activity on the Website and the contractual relationship with the user.
- Provision of contact details by User
Within the registration process, Users have the opportunity to provide contact information (Name, E-Mail-Adress) from other interested parties (“Interested Party“) so that they can also receive Issuers requests. User confirms that the contact data is provided exclusively from Interested Parties within his company or any third party that have consented to the provision of their information and the receipt of requests. The User is thus solely liable to obtain all consents required for sharing Interested Party’s contact details with e-fundresearch.com and for sending of any communication by e-fundresearch.com to such Interested Party on User’s behalf.
Users shall fully indemnify and hold e-fundresearch.com harmless from and against any claims, damages, liabilities, costs, losses and expenses arising out of the provision of contact information of Interested Parties and any mailings made by e-fundresearch.com in Users behalf, in particular in the event of complaint due to unsolicited contact.
- Information exchange
The main steps of the information exchange process are as follows:
– Registration of Users (Issuers and Providers);
– creation and submission of requests by Issuer;
– notification e-mail to Providers;
– creation of responses by Providers;
– analysis and evaluation of responses by Issuer;
– selection and feedback by Providers;
– determination of shortlist by Issuer;
– communication between Issuer and Providers throughout the whole process.
Through the registration process, Users create an Account and have the possibility to upload certain content and provide information (“Content“) to other Users.
Content – whatever its nature (financial or otherwise) – is provided for information purposes only by the investor to the asset manager and from the asset manager to the investor. 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 respond to investor requests.
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.
The information may further originate from third parties consulted by the investor or asset managers, in which case e-fundresearch.com has no control whatsoever over the content thereof. e-fundresearch.com 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.
- Investor and Asset Manager Communication
Investors as registered users can post information requests anonymously to registered asset managers as users for selected asset classes. Asset managers can respond to information requests. Investors and asset managers can communicate in connection with requests, responses and alerts. Users have the right to edit, update or delete information and Content at any time before submitting and Users can also change the universe of selected asset classes.
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-fundresearch.com or its staff.
- 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-fundresearch.com 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.
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-fundreseach.com 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-fundresearch.com 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-fundresearch.com 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-fundresearch.com. 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-fundresearch.com 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 support@investRFP.com. We will review reported content and make diligent efforts to eliminate infringing content and to take legal action, as appropriate.
e-fundresearch.com 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-fundresearch.com 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-fundresearch.com 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-fundresearch.com or it’s web hosting partner could have detected;
– unlawful access by a third party to e-fundresearch.com or the user’s computer system as a result of error or negligence by the user;
– any event not directly attributable to e-fundresearch.com, and beyond its reasonable control.
In the event of force majeure or in the occurrence of an event falling outside the control of e-fundresearch.com, the latter may interrupt or be obliged to interrupt all or part of the service, without prior notice. e-fundresearch.com 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-fundresearch.com 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.
- Pricing for Products and Services
e-fundresearch.com provides registered Users information on the pricing schedule for products and services before booking. 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-fundresearch.com 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.
- Copyright and Intellectual Property
Users retain all ownership rights in any Content they provide us through the Website. Users herby grant e-fundresearch.com 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 through the Account, 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 utilised or disseminated without a formal license agreement or prior written consent from e-fundresearch.com.
Registered Users have the right to forward information from the Website in connection with activities on the Website (i.e. internal communication with colleagues in connection with requests and responses).
The Users themselves are responsible for keeping their company information, including logo(s), up to date in the section Settings. The logos are automatically integrated in Users’ Responses, including the relevant printed marketing materials to promote Users’ offer(s) in the framework of the investRFP activity competence. The Users are obliged to inform investRFP on their company logo use restrictions. Unless the logo use restrictions are received and confirmed in writing by investRFP, the platform is authorized to utilize the logo(s) available in User’s account in Settings.
- Information Confidentiality
e-fundresearch.com is obliged to protect and secure confidentiality of the Content produced and provided by Users. e-fundresearch.com is operating adequate systems as well as user information protection procedures. Content provided by Users is accessible only for the designated target audience and is otherwise kept confidential except as required by law or in accordance with the regulatory, ethical or other professional standards applicable.
e-fundresearch.com 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 investRFP.com support through the contact link on the Website. Sufficient detail on the nature of the complaint should be given so that e-fundesearch.com can investigate the concerns fully. e-fundresearch.com will confirm receipt of concern and look to provide a written response within reasonable time.
- Information and Communication Security
All risks connected with sending commercially sensitive information relating to the business of Users are borne by Users themselves. If Users are reluctant to accept this risk, Users should notify e-fundresearch.com in writing that email is not an acceptable means of communication. E-mail may be used to enable e-fundresearch.com to communicate with other Users. As with other means of delivery it carries the risk of inadvertent misdirection or non-delivery. It is the responsibility of the recipient to carry out a virus check on any attachments received.
Communication between e-fundresearch.com and Users as well as among Users should not be disclosed or passed on to any third party without prior written consent of e-fundresearch.com where it is apparent from the circumstances that such communication is intended only for e-fundresearch.com or Users.
e-fundresearch.com accepts no liability for any disclosure by Users to any third party without such consent and will require Users to reimburse to e-fundresearch.com any costs or liability incurred in dealing with any claim from any specific third party or User.
- 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 1 March 2019 and can be amended without prior notice. Amended terms and conditions will be published on the investRFP.com website.