Nevestor SA

These Terms of Service (“General Terms”) determine the use of Nevestor’s website www.nevestor.com (“Website”). The General Terms are also a supplementing part of agreements made with Nevestor on other services of Nevestor. By using the Website or other services you agree to these Terms and commit to acting according to them. The rights and obligations presented in the General Terms include to all use of the Website and other services.

1. Your Relationship with Nevestor

1. www.nevestor.com is a Website maintained by Nevestor SA (890.311.134) (”Nevestor”). Nevestor is a limited liability company established under the Belgian legislation. The principal office of Nevestor is in Chaussée de Louvain 428 C, 1380 Lasne. Additional information about Nevestor can be found on the Website.
2. Your use of Nevestor’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Nevestor.
3. Unless otherwise expressively agreed between you and Nevestor, your agreement with Nevestor will always include the terms and conditions set out in these General Terms.
4. A part of the General Terms is Nevestor’s Privacy Policy (”Privacy Policy”) that can be examined on the Website. Nevestor’s Privacy Policy sets out the principles, under which Nevestor may use your information and the content you have uploaded, produced or otherwise provided to Nevestor.
5. Depending on which services of Nevestor you use, in addition to the previous, your agreement with Nevestor includes the Terms of Service governing those services of Nevestor. All of these are referred to below as the “Terms of Service”. Where Terms of Service apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
6. In the Terms the terms written in a capitalized form shall have the meaning set out here or elsewhere in the Terms. Other terms shall have a common meaning.
7. These General Terms, together with the Additional Terms, form a legally binding agreement between you and Nevestor in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
8. If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to that Service.

2. Accepting the Terms

1. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. While accepting the General or other Terms you will also accept the Privacy Policy.
2. You can accept the Terms by actually using the Services. In this case, you understand and agree that Nevestor will from that point onwards treat your use of the Services as acceptance of the Terms.
3. You may not use the Services and may not accept the Terms if (a) you are not of legal age or capacity to form a binding contract with Nevestor, or (b) you are a person banned from receiving the Services under the laws of Belgium or any other countries including the country in which you are resident or from which you use the Services.
4. Before you continue, you should print out or save a local copy of the General Terms for your records.

3. Services Offered by Nevestor and Their Availability

1. Nevestor may have subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing some Services to you on behalf of Nevestor itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.
2. Nevestor is constantly innovating and aiming to create the best possible experience for its users. You acknowledge and agree that the form and nature of the Services provided by Nevestor may change from time to time without prior notice to you. Also the Terms can change, and Nevestor recommends you check the Terms in force from time to time. Essential changes to Terms will be communicated on the Website.
3. As part of this continuing innovation, you acknowledge and agree that Nevestor may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Nevestor’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Nevestor when you stop using the Services,
4. You are in charge of making the necessary arrangements to be able to access the Website. You are also responsible for ensuring that all parties using your internet connection acknowledge the Terms and comply with them.

4. Your Use of the Services

1. You agree to use the Services only for purposes that are permitted by the Terms and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
2. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Nevestor, unless you have been specifically allowed to do so in a separate agreement with Nevestor. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
3. Unless you have been specifically permitted to do so in a separate agreement with Nevestor, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, but you are free to recommend the service to other potential clients.
4. You agree that you are solely responsible for (and that Nevestor has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Nevestor may suffer) of any such breach.

5. Privacy policy and personal data

1. Nevestor respects your privacy. As part of the General Terms Nevestor’s Privacy Policy sets out the principles, under which Nevestor may use your information and content you produced or uploaded on the Website. We encourage you to read the Privacy Policy.
2. You consent to that Nevestor may have your personal data transferred to and processed outside the European Economic Area.

6. Intellectual Property

1. You acknowledge and agree that Nevestor (or Nevestor’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights are registered or not, and wherever in the world those rights may exist).
2. You further acknowledge that the Services may contain information designated confidential by Nevestor or its licensor and that you shall not disclose such information without Nevestor’s prior written consent. You also accept that the said information is meant to be used as support in making your investment decision and you agree not to use it in other purposes.
3. Unless you have agreed otherwise in writing with Nevestor, nothing in the Terms gives you a right to use any of Nevestor’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
4. Nothing in the Terms gives you the right to copy or spread Content. If you violate the proprietary rights of the owner of Content, you have to return and destroy all the copies of the Content in a way determined by Nevestor.
5. Other than the limited license, Nevestor acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights are registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Nevestor, you agree that you are responsible for protecting and enforcing these rights and that Nevestor has no obligation to do so on your behalf.
6. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
7. Unless you have been expressly authorized to do so in writing by Nevestor, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

7. Ending Your Relationship with Nevestor

1. The Terms will continue to apply until terminated by either you or Nevestor as set out below.
2. If you want to terminate your legal agreement with Nevestor, you may do so by notifying Nevestor at any time. Your notice should be sent, in writing, to Nevestor’s address which is set out at the beginning of these Terms.
3. Nevestor may at any time, terminate its legal agreement with you if:
1. you have breached any provision of the Terms, for example provided Nevestor inadequate or false information or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms;
2. Nevestor is required to do so by law (including but not limited to, where providing the Services to you is, or becomes, unlawful, for instance if you are a subject of economic sanctions); or
3. the partner with whom Nevestor offered the Services to you has terminated its relationship with Nevestor or ceased to offer the Services to you;
or
4. Nevestor is about to no longer provide the Services to users in the country in which you are resident or from which you use the service; or
5. the provision of the Services to you by Nevestor is, in Nevestor’s opinion, no longer commercially viable.
4. Nothing in this Section shall affect Nevestor’s rights regarding provision of Services under Section 3 of the Terms.
5. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Nevestor have benefited from, been subject to (or that have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions shall continue to apply to such rights, obligations and liabilities indefinitely.

8. EXCLUSION OF WARRANTIES

1. NOTHING IN THESE TERMS, INCLUDING SECTIONS 11 AND 12, SHALL EXCLUDE OR LIMIT SUCH NEVESTOR’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND NEVESTOR’S LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
3. YOU SHALL BE SOLELY RESPONSIBLE THAT ANY INFORMATION PROVIDED BY YOU IS  CORRECT, ACCURATE, ADEQUATE AND VALID.
4. NEVESTOR, ITS SUBSIDIARES AND AFFILIATES AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR OR THAT YOU CAN USE THE SERVICE AT ALL TIMES;
3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
4. THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
5. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEVESTOR OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
7. NEVESTOR FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

9. LIMITATION OF LIABILITIES

1. SUBJECT TO OVERALL PROVISION IN SECTION 13.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEVESTOR, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
3. ANY CHANGES WHICH NEVESTOR MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
4. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES
2. THE LIMITATIONS ON NEVESTOR’S LIABILITY TO YOU IN SECTION 14 ABOVE SHALL APPLY WHETHER OR NOT NEVESTOR HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
3. YOU ARE SOLELY RESPONSIBLE FOR ALL YOUR USE OF SERVICE.

10. Cookies

1. The Website uses cookies are used in order to make it more user-friendly and anonymously track users’ use of the Services. This is a standard policy in most websites.
2. Cookies are small text files that a website stores on your device when you browse that website. Cookies store data of your website use.
3. Cookies are not used for identifying a person.
4. You can control and/or remove cookies freely at the individual bowser level. Instructions can be found for example in here: aboutcookies.org.

11. Other content

1. The Services may include hyperlinks to other websites, contents or resources. Nevestor may have no control over any web sites or resources provided by others than Nevestor.
2. You acknowledge and agree that Nevestor is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
3. You acknowledge and agree that Nevestor is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

12. Changes to Terms

1. Nevestor may make changes to the General Terms or Additional Terms from time to time. When these changes are made, Nevestor will make a new copy of the General Terms available at www.nevestor.com/terms.html and any new Additional Terms will be made available to you from within, or through, the affected Services.
2. You understand and agree that if you use the Services after the date on which the General Terms or Additional Terms have changed, Nevestor will treat your use as acceptance of the updated General Terms or Additional Terms.

13. General Legal Terms

1. Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
2. Unless otherwise agreed, The Terms constitute the whole legal agreement between you and Nevestor and govern your use of the Services (but excluding any services which Nevestor may provide to you under a separate written agreement), and completely replace any prior agreements between you and Nevestor in relation to the Services.
3. You agree that Nevestor may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
4. You agree that if Nevestor does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Nevestor has the benefit of under any applicable law), this will not be taken to be a formal waiver of Nevestor’s rights and that those rights or remedies will still be available to Nevestor.
5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
6. You acknowledge and agree that each member of the group of companies of which Nevestor is the parent as well as tied agents of Nevestor shall be third party beneficiaries to the Terms and that such other parties shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than these parties, no other person or company shall be third party beneficiaries to the Terms.
7. The Terms, and your relationship with Nevestor under the Terms, shall be governed under the laws of Belgium without regard to its conflict of law’s provisions. You and Nevestor agree to submit to the exclusive jurisdiction of the courts located within the city of Brussels to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Nevestor shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.