The following terms and conditions apply to all engagements between e-fundresearch.com Data GmbH, Universitätsring 10, A-1010 Wien („e-fundresearch.com) and „users“ of the „website“ (URL: https://www.investRFP.com and sub-Websites).
„investRFP“ is a product brand name for the interactive communications platform for professional „investors” and „asset managers“ operated by e-fundresearch.com. (“investors”, as defined in DIRECTIVE 2004/39/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC, ANNEX II, PROFESSIONAL CLIENTS FOR THE PURPOSE OF THIS DIRECTIVE and II. Clients who may be treated as professionals on request).
The aim of investRFP.com is to provide an innovative and flexible web-based platform to facilitate exchange of information between investors and asset managers. investRFP.com is not a transaction platform, no broker platform, no advisory platform and does not provide any kind of investment service, advice or recommendation on any type of investment product or service. investRFP.com does not take any role in the information exchange process between the users and cannot be part of any transaction or activities related to a specific transaction.
The data - 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. No guarantee nor warranty of any kind, expressed or implied, is given by e-fundresearch.com as the technical platform operator with reference to the accuracy, up-to-date nature, completeness or, more generally, the quality or the reliability of the information. E-fundresearch.com and none any of its officers, directors or employees accept any liability or responsibility in respect of the information provided by the users.
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 the platform operator. Users have the opportunity to download information or can choose to keep information online on the investRFP.com platform.
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 the information. None of the material included in the information has been audited by any independent body and it may be altered at any time without any notice.
Investors and asset managers can be registered users of the investRFP.com platform. e-fundresearch.com reserves the right to suspend users from investRFP.com at any time and without prior notification if terms and conditions of use have not been followed appropriately by users or if the integrity of the platform might be negatively impacted.
All work carried out is subject to these terms and conditions except where alternative provisions have been agreed in writing. For any questions users can contact e-fundresearch.com by email, telephone, FAX or mail (through the “contact” section on the website).
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.
Liability for Content and Services
While the content of the website is assembled with the utmost care on the part of users, no guarantee can be given for it’s accuracy or completeness. The use of the content is at the risk of the user. The website can contain links to other websites. These websites are the responsibility of their respective owners. While e-fundresearch.com 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-fundresearch.com or its staff.
e-fundresearch.com shall not be responsible for any losses, penalties, surcharges, damages, interest or other liabilities arising from the use of its services. Users will not make any claim (direct or indirect) against e-fundresearch.com in respect to the above. Any liability that cannot be excluded under Austrian law shall not be excluded.
The internet is an open international network, and the user declares that he/she/it is aware of its structure, properties and related risks. The user is aware of, and understands the operational characteristics of the means of telecommunication (e.g. internet), and the technical limitations, risk of interruption, response times for enquiries or data transfer, the risk of all kinds inherent to any connection and any data transfer in particular with respect to an open network.
Furthermore, e-fundresearch.com shall not be liable for any direct or indirect loss or damage which may be caused in relation to:
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 cannot be held responsible for direct or indirect damage of any kind, in particular and not limited to damage resulting from the interruption, withdrawal or malfunction of the service, notably in the event of maintenance or restoration of the computer service, technical breakdown of the computer system, overloading of the internet network, cutting off the telephone line, error, negligence or fault by the internet service providers, third parties or users, or a virus derived from the internet.
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.
All information sent by e-fundresearch.com to users to its site or to its customers at their request shall be sent under their responsibility and at their risk and peril in accordance with their knowledge of the risks involved in the internet network.
In no circumstances shall e-fundresearch.com be held liable for poor reception or non-receipt of any information sent by it to users of the website or to its customers or vice versa. Each time he/she/it connects, the user must ensure that his/her/its IT installation suffers no technical anomaly or contains any virus or other program which could jeopardize the security of the use of the platform.
The user’s 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/her/its access to the platform. The user must comply with the legislation of his/her/its place of residence and/or domicile and with the legislation of the place where he/she/it uses the platform.
Fees for Products and Services
e-fundresearch.com reserves the right to amend its fees, dates, periods as well as its product and service portfolio and will provide adequate notice when doing so. Invoices for fees, expenses and disbursements are payable in full within 30 days of receipt, unless alternate arrangements have been made. e-fundresearch.com reserves the right to suspend the provision of additional services until all outstanding sums are paid in full.
Copyright and Intellectual Property
Unless otherwise stated, all contents are the intellectual property of the author and/or user. e-fundresearch.com is granted the unlimited (time/geographic) licence to display, archive, analyse and aggregate the contents of the website in any format by the registered user and/or author. Contents of the website will be analysed to create aggregate web traffic and activity statistics as well as activity reports for the website. These statistics do not contain individual information of users and protect the user’s confidentiality. The contents of the website may not be copied 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).
e-fundresearch.com is obliged to protect and secure confidentiality of the information produced and provided by users. e-fundresearch.com is operating adequate systems as well as user information protection procedures. Information 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 endeavours to provide the services outlined with the highest possible skill and care. Should 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.
Safekeeping of identification details
User’s identification details are strictly personal. Upon receipt the user is bound to take all the necessary steps to ensure their safety and integrity. The User is solely responsible for the safekeeping of his/her/its identification details.
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 you should notify e-fundresearch.com in writing that email is not an acceptable means of communication. Email may be used to enable e-fundresearch.com to communicate with other users. As with other means of delivery this carries with it 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.
Communications 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 such third party or user.
The jurisdiction for all legal claims is Austria and the Commercial Court of the City of Vienna.
These terms and conditions are valid from 22 May 2018 and can be amended without prior notice. Amended terms and conditions will be published on the investRFP.com website.
e-fundresearch.com Data GmbH
Universitätsring 10 A-1010 Wien
Tel: +43 1 5333444-10