INVEST ID TERMS OF SERVICE

Last updated: 16.02.18 (Blaž Jamšek)

Please read this document carefully. It details the service which we are providing and it sets out the obligations and rights applying between you and CONDA.

Please contact our support team at team@conda.at if our terms of services contain provisions that you do not understand. If our terms of service contain provisions that you disagree with, then we kindly ask that you do not use the service.

1. General Provisions

1.1. These are the terms of service (hereafter "terms") for the use of the platform INVEST ID “www.invest-id.com” and all of its subpages (hereafter "INVEST ID") as well as for all contractual relations between CONDA AG, Donau-City-Straße 6, 1220 Wien, Austria (hereinafter "CONDA" or “we” or “us”), and the users of INVEST ID (hereinafter "users").

1.2. After a one-off registration, INVEST ID offers users the possibility to sign on (log in) to all Participating Platforms (as defined in section 1.4 of the Terms below and in INVEST ID Privacy Policy Title 2) with single access data, without going through a separate registration and log-in process every time. After successfully registering, user can log in then via each Participating Platform with his access data. Moreover, if already logged in to one of the Participating Platforms, the user can immediately use all other Participating Platforms without additional log-in procedures (subject to the respective platform requiring further declarations). Thus, the user receives a single identity, on the basis of which the Participating Platforms can identify and verify that user.

INVEST ID also provides an optional “know your customer” or “KYC” service which requires user to provide additional personal data as is specified in these Terms and in the INVEST ID Privacy Policy. The KYC service is an additional service provided based on legal requirements made by Participating Platform based on their Term of Service for legally compliant use of respective services and not used by all participating platforms.

1.3. The Participating Platforms are exclusively web pages and online platforms operated by different companies with whom CONDA has concluded a contract for the provision of the INVEST ID services. Participating Platforms that offer INVEST ID as a login feature are visible during the registration as well as in the user account. The number of Participating Platforms may also change over time.

1.4. With regard to the contractual relationships of the users with the respective Participating Platforms, for the purposes of which our INVEST ID is or can be used in accordance with these Terms, Participating Platforms have their own applicable Terms of Service). These Terms of Service are presented on the Website of the respective Participating Platform. CONDA is solely responsible for content on Participating Platforms that it actually operates.

1.5. INVEST ID enables the user to manage its INVEST ID user account centralized. The user can thereby update their account data at any time and change his password.

  1. Registration and User Account

1.6. In order to use INVEST ID, a user must register. Registration is free of charge. By registering, the user enters into a contract with us for the use of INVEST ID.

1.7. Registration is limited to persons who have full capacity to contract. In particular, minors are not allowed to register. A user account is not transferable to another person. A person is not allowed to register more than once.

1.8. Data requested by us during the registration process must be provided completely and correctly. Should any data provided during the registration change at a later point in time, the user is responsible to immediately update his data in the user account.

1.9. The user is responsible for the use of the user account and should ensure that the password is secure and remains secret. The user must notify us immediately if becomes aware of any unauthorized use of his password or user account.

1.10. We reserve the right to delete user accounts created during incomplete registrations after a reasonable period of time.

1.11. The submission of a duly completed registration form by the user is simply an invitation to us to make an offer to enter into the agreement for the use of INVEST ID (the "User Agreement"). Our offer for the conclusion of the User Agreement is then effected sending the user a confirmation e-mail, in which a confirmation link is included. By clicking on this confirmation link, the user accepts our offer, so that the User Agreement enters into force.

1.12. Under the User Agreement the User is entitled to the following rights (“User Rights”): to be informed, of access, to rectification, to erasure, to restricting processing, to data portability, to object and not to be subject to automated decision-making including profiling. CONDA reserves the right to comply with user request to exercise User Rights within a month. User’s request to exercise User Rights can be submitted by sending a message to the publicly available email address of INVEST ID.

1.13. The User Agreement is concluded for an indefinite period of time. We and User are entitled to terminate the User Agreement ordinarily. The user may execute this right at any time without prior notice (e.g. by deleting his account). We may terminate the User Agreement with a declaration in text for that gives a reasonable notice period. The right to terminate for good cause remains unaffected thereby.

1.14. All limitations of liability and indemnities in these Terms shall apply even after the termination of the User Agreement.

  1. Data protection

1.15. Privacy Policy for the INVEST ID (available www.invest-id.com) is an integral part of these terms.

  1. Limitation of Liability

1.16. Other legal preconditions for making a claim notwithstanding, the following exclusions and limitations of liability for damages apply to us:

1.17. We are liable if we are guilty of gross negligence or intent. In the case of ordinary negligence, we are only liable if we fail to fulfil a duty whose fulfilment is essential for the proper performance of the contract and on whose fulfilment the other contracting party may rely (so-called cardinal duty). In all other cases, the parties shall not be liable for damages of any kind, regardless of the subject matter of the claim and including the liability for fault at the conclusion of the contract.

1.18. If we are liable for ordinary negligence our liability is limited to the damage that we typically had to expect based on the conditions known at the conclusion of the User Agreement.

          Final Provisions

1.19. Applicable Austrian laws apply exclusively. Venue for the settlement of disputes arising from and in relation to this contract shall be Vienna insofar as is permitted by law.

1.20. <span ">Should any individual provision of these terms be or become entirely or partly void or illegal, the validity of the remaining provisions shall in no way be affected. In such case, the void or illegal provision or provisions shall be replaced by statutory law. In all other cases, the contracting parties shall make a valid provision as similar as possible to the original provision in an economic sense unless any additional interpretation of the contract has a higher priority or is possible.

1.21. We reserve the right to change these terms at any time and without giving reasons. The changed terms will be emailed to the users at least two weeks before they come into force. Unless a user objects to the new terms in writing or in text form directed toward us within two weeks of receiving the email, the changed terms are considered accepted. We will explicitly notify the users of the importance of the two-week period in the email containing the changed terms. The current terms and conditions may be accessed at www.invest-id.com/terms-of-service. If users do not agree with the changed terms, they are required to stop using the services provided by us.

1.22. These terms and conditions are issued in German and English (www.invest-id.com/terms-of-service); in the case of discrepancies between the two versions, the German version shall govern.