Terms & Conditions
TERMS & CONDITIONS
LAST UPDATED: 12th JULY 2021
PLEASE READ CARREFULLY THESE TERMS AND CONDITIONS BEFORE USING THE WEBSITES AND APPLICATIONS AND THE SERVICES HEREIN PROPOSED
ResearchPool SAS, French company with a capital of 1 419 208 euros and headquarters 15 rue Cognac-Jay in Paris, France (75007), registered at the Paris Commercial register under the number 833 539 703 (hereinafter “ResearchPool”) operates websites and applications under the name “ResearchPool”, the objective of which is to enable users (professional and to some extent non-professional investors) to have access to financial research content and related functionalities. In order to be able to use the complete spectrum of the service, a one-time registration is required.
These Terms and Conditions of Use (T&C) are intended to define the rights and obligations of the Parties, as well as to determine the conditions of use of ResearchPool websites and applications.
The User is informed that the benefit of the Service offered by ResearchPool is subject to the acceptance, without reservation, of these T&C.
You declare that (i) you are at least 18 years old and that (ii) you do not hold several user accounts.
- specific provisions;
Content: information accessible via the Platform including Products, graphic images, logos, print outs, background displays, all material and information relating to the functional use of the Platform, etc.
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
Personal data: any information relating to an identified or identifiable natural person (hereafter referred to as “data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Platform: ResearchPool websites and applications
Product(s): reports and research notes or any other product available via the Service
Providers: any person or entity providing Content via the Service.
Service: the service accessible on the Platform which ResearchPool agrees to provide under this Contract, namely access to Content related functionalities including but not limited to purchase and any other service specified in this Contract.
User(s): Service user(s)
- VALIDITY AND ACCEPTANCE OF THE T&C
By registering or accessing the Platform and Service, the User consents to the validity of these T&C and any agreement incorporated therein by reference.
The T&C apply to the Services and govern any purchase made by the User. The T&C govern the contract, to the exclusion of any other document, catalogue, presentation, letter or photography, which are only indicative.
These T&C shall be valid until cancelled in the currently valid version as of 12th July 2021. ResearchPool reserves the right to amend these T&C at any time. Following such amendment, the continued use of ResearchPool Services by any User (registered or not) implies the User’s consent to the amended T&C. At any time, the version in force of the T&C is available for viewing on the Platform.
Solely the English version of these T&C is binding.
The T&C are opposable to the User who acknowledges that he has read them and has accepted them upon creation of his account and/or upon confirmation of his purchase (« Click and Buy »). Any account creation or purchase confirmation is considered as an acceptance by the User of the T&C which are in force on the day of the purchase, and which storage and reproduction are ensured by ResearchPool in accordance with article 1127-2 of the French Civil Code.
- DEFINITION OF SERVICES
Subject to the T&C, ResearchPool shall use commercially reasonable efforts to provide access to the Platform and the Service to the Users. The Products will be delivered with web access, subject to the Users’ compliance with its obligations, in particular with regard to the cost of the internet service provider without which no access to the Services is possible.
The Users recognize that they are requesting information from a library of analyst research material or service, made accessible by ResearchPool but edited by a wide number of professional investment researchers. Research provided on the Platform is not written, reviewed, edited or in any way endorsed by ResearchPool. Though some of the research providers may aim to provide advice, ResearchPool has no such intent or involvement. In particular, ResearchPool is not intending to lead persons to invest in any of the particular investments referred to in its library. Seek independent advice from your professional investment adviser before relying on any research available on the Platform.
No ResearchPool content on the Service is:
- Providing investment, tax or legal advice and no Content or Product in the Service amounts to investment advice under Financial Services laws.
- Recommending any financial instrument, investment or product, including those displayed through the Platform.
No Content or Product on the Service should be used or regarded as an offer or solicitation of an offer from ResearchPool to buy or sell securities.
You acknowledge that neither ResearchPool, nor ResearchPool staff will give investment advice as part of the Service and that you must not ask them to do so.
The User is responsible for the use of the Content and Product. It is his responsibility to comply with these Terms and Conditions.
Subject to the T&C, ResearchPool hereby grants the User a non-exclusive, non-sublicensable, non-transferable, worldwide license to access and use the Contents and Products, solely for internal purpose as set forth herein. The User may not transfer in any way whatsoever the right to access the Platform and Service without the prior written consent of ResearchPool.
The User agrees not to license, sell, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Platform.
ResearchPool reserves the right to modify, suspend or discontinue, temporarily or permanently the Platform or any service with or without notice and without liability to the User.
- ACCESS TO SERVICE – AVAILABILITY
In order to benefit from all the Services, the User must proceed to a single free registration. In the absence of registration, the User may benefit from a simplified version of the Service and the Platform.
The access to the Platform and the Service is free. Any user willing to access to a paying version with enhanced level of Service should contact ResearchPool at [email protected].
In case a User has been granted access to all or some of the Service of a paying version through a trial period, he should be informed that this trial period could be terminated at any time by ResearchPool unless separately defined and agreed between the User’s representative of its legal entity and ResearchPool or unless determined in an unilateral manner by ResearchPool to the User by any written communication mean including e-mail.
The Platform and the Service (including the Products) are accessible by the User at any time, 24 hours a day, 7 days a week on a best effort basis and except for maintenance periods under the conditions defined below. The Service may occasionally be suspended due to scheduled maintenance interventions necessary for the proper functioning of ResearchPool’s servers.
The User is informed that the connection to the Platform is made via the Internet. He is warned of the technical hazards that may affect this network and lead to slowdowns or unavailability that make connection impossible. ResearchPool cannot be held responsible for difficulties in accessing the Services due to disturbances in the Internet network.
The access to the Service by the User is carried out by means of his identifier.
The User is solely and totally responsible for the use and confidentiality of the identifier and password. The User must inform ResearchPool without delay if he notices a security breach related in particular to the voluntary communication or misappropriation of identifier and password, so that ResearchPool can take any appropriate measure without delay to remedy the security breach.
The User must proceed to a one-time, free registration in order to access to the full spectrum of Service, including access to and purchase of Products
The registration is made by use of the registration form provided on the Platform.
By registering, the User confirms its knowledge and the unlimited recognition of the content of the T&C.
The User shall register with ResearchPool once only and confirm with his registration that he has not registered an account with ResearchPool in the past.
In the course of registration on the ResearchPool’s Platform, each User shall provide some personal data in order to facilitate individualized and secure access to the User interface and Services of ResearchPool.
Such personal data are evident from the registration form of ResearchPool, e.g., first name, last name, date of birth, address… and shall be provided completely and correctly, unless such details are marked as voluntary. Registration is only allowed by using the User’s civil name, i.e., the use of phantasy names or pseudonyms is not allowed.
Passwords and usernames may not breach applicable laws, offend common decency or infringe on the rights of third parties.
The registration cannot be completed if the registration process is not complete, e.g., as a result of missing personal details or the lack of consent to these T&C.
ResearchPool reserves the right to reject Users without giving reasons. In this case, any transmitted details will be deleted promptly.
Users must protect their account from unauthorized and fraudulent use. Please notify us immediately of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
ResearchPool has the right to delete the account of any registered User in the event of any unauthorized or fraudulent use of the account.
Each User shall have the right to terminate the use of the Platform and Service at any time by contacting ResearchPool at [email protected] and asking for the deletion of his account. Upon deletion of the account, the User’s rights to use the part of the Service that requires registration ends, but the right to access the part of the Service that does not require registration remains.
Correlatively, ResearchPool reserves the right to delete a User’s account in case of breach of the User‘s obligations by giving them a notice, which will be appropriate to the circumstances. An example might be if a User breaches the law, security, or intellectual property rights rules, T&Cs.
Upon the User’s request, all saved personal details shall be irrevocably deleted. The User shall request such deletion by email to [email protected], which shall include the email address provided to ResearchPool upon registration.
- PRODUCT – CURRENCY – PRICE
The Products proposed on the Platform are displayed with icons and abstracts which cannot be considered as contractual. The Products are provided in a computer file which format is usually used or readable.
The prices of the Products are in Euros all taxes included, or in any other currency available on the Platform and according to the parameters of the User’s account.
The Products prices may be modified without notice. The price applied is the one in force at the date of the purchase. Any potential additional fee will be notified to the User upon purchase, and mentioned on the purchase statement, prior to payment.
In principle, the Products set out on the Platform are available. At times, a specific availability period may be indicated. The presence of a Product on the Service does not mean that it is up to date nor accurate.
The placing of an order by the User on the Platform takes place in the following way:
- The User can connect to his account thanks to the identifier and the password chosen,
- The User selects the chosen Product (and adds it/them to his shopping cart if available),
- The User validates his selection,
- The User initiates the payment by clicking on the button « purchase research » (or equivalent) and pays,
- The User receives the confirmation of his purchase and the Product is added to his library.
ResearchPool reserves the right to refuse any purchase.
Payment is made upon purchase by any means chosen by the User, which is offered and available. The Platform is equipped with a secured system of online payment. It is possible that only credit card payment is on offer, which the User accepts.
- ACCESS TO THE PRODUCT – RIGHT OF USE OF THE PRODUCT
After payment of the price, the User can access the Product by any appropriate electronic process such as the access by consulting the file corresponding to the Product. An Internet access may be compulsory to access the Product.
ResearchPool provides the service in the framework of a best efforts undertaking. If despite all the efforts made the Product does not comply with the purchase, the User will address ResearchPool a claim through the Service.
The User will refrain from using the Products, Content or Service with the ambition of remarketing them. The right granted to the User on the Service and Products is strictly limited to his personal use and for the satisfaction of his own needs. He cannot therefore and under any circumstance resell, spread, publish, even by hypertext links, distribute, reproduce or grant any license whatever their scope, whether freely or against payment, on the Products or the Service to any person whatsoever, subject to what is provided in article 3.
ResearchPool or a Third-Party Provider can limit or refuse the use of the Service to any person User or not, if an abusive use of the Service is carried out or if such a risk exists.
- RIGHT OF WITHDRAWAL
The User does not benefit from the right of withdrawal provided by article L121-20-12 of the French Consumer Code since he or she does not act in capacity of a consumer. The User who requests to receive free access and immediate disposal of the purchased Products waives his right to withdrawal. According to article L121-20-12 II of the French Consumer Code: « The right of withdrawal does not apply to contracts fully performed by both parties at the consumer’s express request before he exercises his right of withdrawal».
- GUARANTY OF COMPLIANCE AND HIDDEN DEFECTS – USER INFORMATION
Articles L. 217-1 and following of the consumer code on legal guaranty of compliance as well as article 1641 of the French Civil Code on hidden defects, apply only to sale contracts and not to service provision contracts. ResearchPool is a service provider, and the previously stated guaranties do not apply.
- USER OBLIGATIONS AND CONDUCT
Each user of the Service must truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties.
No User should carry out disrupting interferences in the ResearchPool network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding ResearchPool’s software or hardware.
The copy, distribution, transition or collect of accessible details by use of technical aids without the consent of ResearchPool is strictly forbidden.
- BREACH OF USER OBLIGATIONS
In order to ensure the proper and reliable provision of services, ResearchPool imposes the following sanctions upon breach obligations by a User:
- deletion of content;
- temporary deactivation of User account;
- deletion of account
The type of sanction shall depend on the purpose, impact and type of the breach in light of ResearchPool’s and the User’s interests.
In the event a User account shall be cancelled in accordance with this Section 13, the concerned User shall not be permitted to register again.
The User grants ResearchPool the irrevocable, free, non-exclusive and unlimited right to use all Content generated, transmitted, saved and published by them. Accordingly, ResearchPool shall have the right to use, irrespective of the type of usage, all content both as part of the Platform and any other activity of ResearchPool or any company affiliated with ResearchPool.
We are concerned about the protection of personal data entrusted to us. We are committed to ensuring the highest level of protection of your personal data in compliance with the GDPR ‘General Data Protection Regulation’ (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 and the Loi Informatique et Libertés no. 2018-493 of 20 June 2018, promulgated on 21 June 2018 which amended the Loi Informatique et Libertés of 6 January 1978. For any information on the protection of your personal data, you can refer to our policy: https://www.researchpool.com/privacy-policy/.
- REPRESENTATIONS AND WARRANTIES
ResearchPool does not represent or warrant that the Platform will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
ResearchPool does not represent or warrant that the transmission of data via other systems, in particular the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
- LIMITATION OF LIABILITY
The purpose of the Platform is to provide the User with a content (material or service) in relation to analyst and investors’ research work and other services (the Service). The Products are established by professionals of which ResearchPool is not the contractor and for which it is not responsible. ResearchPool is neither the author nor the editor and is in no way guarantor of the content. ResearchPool, as a platform providing the Products, is not their provider and limits itself to enabling the access to contents supplied by third parties.
ResearchPool does not give any investment advice and does not support nor challenge the Product’s appropriateness. ResearchPool is not responsible for any loss or eventual damage suffered by the User following investments made by the latter in consideration of information stemming from the Products consulted via the Service. ResearchPool does not act as an intermediary in banking operations or payment services and is therefore not subject to the provisions of the French Monetary and Financial Code.
The User acknowledge that the Service does not aim to provide advice tailored to individual investors or its needs and that it can lose money on investments. The Service should never be used in isolation of its individual circumstances. The User must consider its financial circumstances, risk tolerance, liquidity needs and investment objectives. The Service does not replace the advice of an authorized investment professional or independent financial adviser. Content in the Service is not appropriate for the purposes of making a decision to carry out a transaction or trade. The User should check all information and prices with its broker immediately prior to carrying out any trade. Furthermore, it is not a real-time service and the User agree to release us from any and all liability arising from any investment it has made whether or not it has relied on any information on the Platform.
ResearchPool shall be liable as currently provided by law, regardless of the statutory basis of such liability (precontractual, contractual, tort) only if ResearchPool has caused a certain damage wilfully or with gross negligence. In the event of slight negligence, ResearchPool shall not be liable to other businesses and shall be liable to consumers only for personal damages.
ResearchPool shall not be liable to businesses for follow-on damages, mere pecuniary losses, lost profits or damages resulting from claims of third parties.
The information on the Platform is provided on an “as is” basis. To the fullest extent permitted by law, ResearchPool:
- Excludes all representations and warranties relating to this platform and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Platform and/or the ResearchPool’ literature; and
- Excludes all liability for damages arising out of or in connection with the User’s use of this platform. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or the User has advised this Company of the possibility of such potential loss), damage caused to the User’s computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
ResearchPool is therefore NOT liable for the following in relation to your use of the Service:
- any indirect or consequential loss or loss of profits or revenue or investment;
- loss of data;
- any loss which is not reasonably foreseeable;
- promotions, competitions, offers for goods, events promoted on the Service which are run by third parties such as advertisers or sponsors;
- factual, technical or typographical errors or omissions, missing or unavailable or incomplete Content or the fact Content is not up to date.
Unless required by statutory law, neither ResearchPool nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the Platform. This also applies to damages resulting from errors, problems, viruses or loss of data.
ResearchPool assumes no liability for downloaded material or material obtained as a consequence of using the application. The User is solely responsible for any damages caused by such materials to his device or for information that is lost as a consequence of downloading materials from the ResearchPool Platform.
In any case, the liability of ResearchPool cannot exceed the amount of the fees paid by the User to ResearchPool for the last twelve (12 months) in the framework of which the event causing the liability arose.
- INDEMNIFICATION BY USERS
By using the Services, the User agrees, to the extent permitted by law, to indemnify ResearchPool with respect with any claims raised by third parties as a result of an infringement of their rights by the User in connection with Content and Product uploaded by such User or as a result of any other usage by such User. The User shall bear the costs of any legal proceedings, in which ResearchPool may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to ResearchPool all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that ResearchPool may be entitled to bring against the user shall not be affected.
- CHANGES TO THE T&Cs
ResearchPool reserves the right at any time to modify these T&C and to impose new or additional terms or conditions on the use of the ResearchPool Platform and Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this T&Cs. Your continued use of the ResearchPool Services will be deemed acceptance thereof.
- COMMERCIAL PROSPECTION
The Users who do not wish their email address to be used by ResearchPool for marketing purposes will have to make a request, if they initially accepted, actively or passively according to their situation. If you have previously accepted, you may receive marketing emails from ResearchPool to which you can unsubscribe by clicking on the appropriate link which you will find at the bottom of each email received.
- THIRD PARTY RIGHTS (A “THIRD PARTY PROVIDER”, A “TPP” OR A “PROVIDER”)
You acknowledge that TPP may have rights in the Content and that they and we may enforce and enjoy protection of these T&C in accordance with the Contracts (Rights of Third Parties) Act 1999. We can, however, change these T&C without asking such Third Parties. Apart from such persons, no one shall have the right to enforce any of these Terms.
- INTELLECTUAL PROPERTY
The elements reproduced on the Platform are protected by copyright and intellectual property rights. The reproduction, diffusion or use, by any means whatsoever, of these elements without prior written consent of the editor or owner of rights is strictly forbidden and exposes its author to judicial pursuits.
In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, ResearchPool has joined the SAS Médiation Solution, whose contact details are as follows: 222 chemin de la bergerie, 01800 Saint Jean de Niost, France or [email protected]. After prior written request from consumers to ResearchPool, the Mediation Service can be contacted for any consumer dispute that has not been resolved. To find out how to contact the Mediator, click here.
The Service contains links to third party web sites and internet resources with which it collaborates. This is done for your convenience. This does not mean that we endorse or approve such sites or their Content. These third-party sites are not under our control and we shall not be liable for your reliance on their content.
- FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
- APPLICABILITY AND NULLITY
The nullity of a clause does not entail the nullity of the T&C. The non-enforcement of one or more clauses of the T&C by ResearchPool may not be interpreted as a renunciation on its part to the benefit of the non-enforced clause(s) or to the benefit of the purchases.
- APPLICABLE LAW – DISPUTE – JURISDICTION
The present contract is governed by French law. In case of dispute, the User and ResearchPool undertake to attempt to settle the dispute amicably, prior to any court seizure. For any person having acted in its capacity of tradesman, the competent Court will be the Commercial Court of Paris. In the other cases, the competent Court will be the one which has jurisdiction.
If you have any questions about ResearchPool’s Terms and Conditions, you should contact [email protected].