Terms & Conditions
ResearchPool Terms & Conditions
LAST UPDATED: 20th September 2018
The following terminology applies to these Terms and Conditions, Privacy Statement and any other disclaimer or notice and any or all Agreements: “User”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions whether you create an account with us or not. Some of the provisions of this Agreement will be applicable only when you have ticked the box “I agree” below. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, ResearchPool Limited (company number 09415619) of 20-22 Wenlock Road, London, N1 7GU, United Kingdom. “Party”, “Parties”, or “Us”, refers to both the User and ourselves, or either the User or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the User in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the User’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Content; any information, images or graphics in the Service, including Materials, ResearchPool Pictures, Prints and ResearchPool Picture Screensavers
Contributors; those persons and entities providing information to the Service
Materials; research reports and morning notes and any other materials provided
Service; www.researchpool.com web site.
Terms; these terms and conditions for use of the Service
Third Party Providers; third party companies and suppliers of Content including Contributors
ResearchPool SAS provides a service which purpose is to put online all and any financial research content (material or service) for professional or non-professional investors.
You declare that (i) you are at least 18 years old and that (ii) you do not hold several user accounts.
You are requesting information from a library of analyst research material or service, made accessible by ResearchPool but made by a wide number of professional investment researchers. Research provided on researchpool.com 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 accessed from this site.
No ResearchPool content on the Service is:
- Providing investment, tax or legal advice and no ResearchPool content in the Service amounts to investment advice under Financial Services laws.
- Recommending any financial instrument, investment or product, including those discussed on the Service.
No ResearchPool content on the Service should be used or regarded as an offer or solicitation of an offer from us 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.
- Service Provider Designation
The ResearchPool.com platform is operated by the company ResearchPool SAS with a capital of 1 419 208 euros and headquarters 15 rue de la Banque in Paris (75002), registered at the Paris Commercial register under the number 833 539 703 (hereafter « ResearchPool »).
Content: information accessible via the ResearchPool.com platform including the graphic images, Products, logos, print outs, background displays, etc.
Service: the service accessible on the www.researchpool.com platform
Client(s): Service user(s)
Providers: any person or entity providing Content via the Service
Product(s): reports and research notes or any other product available via the Service
T&C: the present Terms & Conditions
- T&C Principles
- The T&C apply to the Services and govern any purchase made by the Client. The T&C govern the contract, to the exclusion of any other document, catalogue, presentation, letter or photography, which are only indicative.
- The T&C are directly accessible for the Client’s purpose and can be consulted on the ResearchPool.com platform.
- The T&C are opposable to the Client 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 purchase confirmation is considered as an acceptance by the Client 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.
- ResearchPool reserves the right to modify the T&C without notice. In case of modification, the T&C which apply to a purchase are those in force at the date of the purchase.
- Product – Currency– Price – Features
- The Products on offer via the Service are the subject of explanatory details drafted by the Provider and setting out their main features. The miniatures or possible excerpts cannot be considered as a contractual document. The Products are provided in a computer file which format is usually used or readable.
- The prices are either in Pounds or Euros, or in American dollars according the parameters of the client’s account.
- ResearchPool may modify its prices without notice, whereas guarantying the Client the application of the price in force at the date of the purchase. Any possible additional fees will be notified to the Client 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.
- User account – Parties to the Contract – Types of Clients
- The Client is the owner of the account with which the purchase is passed, it can also be the invited Client (i.e. who does not have a user account) If the option is on offer who identifies himself as the author of the purchase. The Client can be an individual or a legal entity (company or any other legal entity which can be considered as a moral person).
- The opening of a user account via the Service for a legal entity is considered as having been performed by an individual, competent and legitimate, to act on its behalf and to bind it. The individual indicated as the representative of the legal entity guaranties the accuracy of this declaration and will discharge ResearchPool of any damageable consequences which would be a result of the inaccuracy of this declaration. He or she is the owner of the identifying and authentication codes and is liable for their use. He or she will not transfer them, license them or permit third parties to use them, with or without financial compensation. The Client legal entity may designate several individual users by way of electronic email address, a name, an alias or any other login. The Client legal entity, its declared representative, guaranty that they, and all the designated users, respect the T&C. The Client legal entity, its declared representative as well as all the authorized users declare and guaranty that all the data they provide is exact, sincere and up to date. They undertake, as the case may be, to update it. Only the Client legal entity may exercise the rights attached to the user account, to the exclusion of any other person, subject to the personal data rights which can be exercised by the persons concerned insofar as provided by the legislation, in particular if the data is collected from a different person than the one to whom the data belongs (example: person for whom a user profile is created for a Client legal entity). The Client legal entity, the person having declared itself fit for, as well as the authorized users guaranty of ResearchPool against any damageable consequence which would arise from an abusive or an illicit use of the Service or of the Products, as a result of their behavior or permitted by them for their own account, or as a result of their negligence.
- Service Availability
ResearchPool will make its best efforts to ensure an uninterrupted access to the Service. However, the Client is aware and accepts the unknown technicalities inherent to data processing and its maintenance. Consequently, ResearchPool will not be held liable for possible unavailability or slowdowns.
- Service Significance & Pertinence
The Client 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 Client 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 Client 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 Client agree to release us from any and all liability arising from any investment it have made whether or not you have relied on any information on researchpool.com
- Contract formation- Purchase
- Client’s acceptance of the Offer is validated by the confirmation of the purchase by clicking on « buy research » (or an equivalent key). The terms of the contract, the object of the purchase and its price, and eventual additional costs are recalled to the Client. The eventual additional fees are expressly mentioned in the purchase summary and are submitted to the Client’s express approval.
- In order to definitely conclude the contract and finalize the purchase, the Client, when connected to his account, or if the option exists connected as a guest, after having selected the product and entered the information relating to the payment, then clicks on the button « purchase research » (or equivalent) to pay. Payment entails contract formation and validation of the purchase. An electronic email acknowledging receipt of the purchase and its payment is sent as soon as possible. ResearchPool reserves its right to refuse any purchase.
- Prior the payment, the Client may verify the detail of his or her purchase and its total price and may return to the preceding pages to correct possible mistakes, to modify or abandon his or her purchase.
- Any purchase modification made by the Client following the payment is subject to ResearchPool’s acceptance. ResearchPool reserves its right to modify the purchased product in accordance with the technical evolution, in accordance with article R. 212-4 of the French consumer code.
- The storage of communications, purchases and invoices is carried out on a reliable and lasting support in order to constitute a faithful and lasting copy in accordance with article 1360 of the French civil code. These communications, purchases and invoices can be disclosed as proof of the contract.
Payment is made upon purchase by any means chosen by the Client, 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 Client accepts. In order to simplify the payment, a client may request the creation of a Business Account which has to be accepted by ResearchPool and will, if necessary, take the form of a specific convention. The Business Account is the responsibility of an administrator designated by the client who will have the responsibility of the functioning of the Business Account.
The account administrator is the only entitled to purchase credits corresponding to definite purchases and to proceed to definitive payments in anticipation on the Services available on the ResearchPool platform. The non-used research credits are conserved for the life duration of the Business Account. The purchases performed from a Business Account are debited from the latter within the limit of its credit.
- Access to the Product
- After payment of the price, the Client 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 Client will address ResearchPool a claim through the Service.
- All eligible refunds will be processed within 30 days. ResearchPool cannot be held accountable for refunds failing to appear on credit card statements within 30 days due to credit card’ company’ delay.
- Guaranty of compliance and hidden defects – Client 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.
- Liability – EXCLUSIONS AND LIMITATIONS
ResearchPool.com is a platform which purpose is to provide the Client with a content (material or service) in relation to analyst and investors’ research work. These 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 plateform providing the Products, is not their providers 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 Client 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.
- ResearchPool’s responsibility cannot be engaged in case of nonfulfillment or wrongful fulfillment of the contract which would be a consequence of the Client’s act, or of an insuperable and unpredictable act of a third party to the contract, or to force majeure. Regarding cross border contracts within the internal market, ResearchPool’s responsibility is not engaged in case of non-compliance of a Product to the legislation of the Client’s country, who bears the responsibility of verifying if the product is not prohibited in his or her own country.
- The information on this web site 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 your 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 you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- What we are NOT liable for:
We and our Third-Party Providers are 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.
- What we ARE liable for:
We and our Third-Party Providers ARE liable:
- for fraudulent representations made by us or our agents
- to re-send you reports you have paid for but failed to receive
LIMITATION OF LIABILITY
Our maximum liability will be the amount of any fees paid by the Client to ResearchPool in the transaction in the framework of which the event causing the liability arose.
- Right of use of the Products and Services
The Client will refrain from using the Products, Contents or Services with the ambition of remarketing them. The right granted to the Client on the Service and Products is strictly limited to his or her personal use and for the satisfaction of his or her own needs. He or she cannot therefore and under any circumstance resell, spread, publish, even by hypertext links, distribute, reproduce or grant any licenses whatever their scope, whether freely or against payment, on the Products or the Services to any person whatsoever, subject to what is provided for in article 5.3.
ResearchPool or a Third-Party Provider can limit or refuse the use of the Service to any person Client or not, if an abusive use of the Service is carried out or if such a risk exists.
- Right of withdrawal
The Client 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 Client who requests to receive free access and immediate disposal of the Products of the purchase waives his or her right to withdrawal as provided for by such text. 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».
- Intellectual Property
The elements reproduced on the ResearchPool.com 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.
- Personal data treatment
- Provisions which apply to all Clients and to Clients acting on their own account
ResearchPool conforms to the legislation regarding collection, processing, conservation, protection and use of personal data (hereafter« Processing»). The Processing is carried out on the basis of the principles set out by the law of 1978 regarding data processing and liberties as well as article 5 of the General Data Protection Ruling n° 2016/679 (hereafter« GDPR Ruling »). ResearchPool is the addressee of this data. Its Processing is carried out by authorized personnel, within the limits of the applicable legislation.
By giving its consent to the T&C, the Client agrees to the Processing of the data which he or she communicates in the framework of the use of the Service or upon registration.
Providing personal data which can individualize the Client or his representative conditions the conclusion of the Contract. Refusing to provide this data is an obstacle to the conclusion of the Contract and to the placing of any purchase on the Service, in consideration of the object of the Service and of the imperious necessity to identify the owners of contractual rights.
Conservation term: The data is stored for a duration which coincides with the Processing purposes, including the performance of the Contract which includes the prescription duration of the obligations, in general 5 years after the expiry of the last Contract with the Client or the closure of the Client’s account.
Data related rights: In accordance with the legislation and its conditions, the persons concerned by the Processing have a right of access, of correction and, as the case may be, of deletion of data, of limitation or opposition to the Processing, as well as of portability of personal data.
Right of recourse: The persons whose data is processed have a right of recourse before the Control authority, in France the Commission nationale de l’Informatique et des Libertés (CNIL)
Person in charge of the Processing: If the client intends to oppose the processing or to assert the abovementioned rights, he or she should inform the person in charge of the Processing, i.e.:
Name : Pedro Fernandes
Address : 75 rue de Richelieu, 75002 Paris, France
E-mail : p[email protected]
Telephone: +33 970 407 220
These rights can be exercised in the conditions and within the limits stated by legislation and in particular articles 15 and following of the GDPR Ruling.
Data transfer: In the framework of our activity, your data may be transferred to countries which are members of the European Union.
- Clients acting on behalf of a legal entity – If the Client is a legal entity, he or she undertakes to inform ResearchPool of each of the physical persons authorized to act on its behalf by designating them as users on the appropriate interfaces which are available on the Service. The opening of rights to use the account of a legal entity to the benefit of physical persons entails a collection of personal data which is however initially or partly collected with another person than the one concerned. The person opening the rights of use of account for the benefit of a legal entity undertakes to inform the concerned persons of the provisions of the T&C. The source of the data collected in relation to these persons will be brought to the knowledge of the concerned persons by any and all appropriate means. In order to ensure that the concerned persons are aware of the terms of the present article, the effective operating of the physical persons’ rights of use on the account of a legal entity may be conditioned by the prior confirmation of the concerned persons of this information. The person who is granted the rights of use of a legal entity’s account, and of which the personal data is collected, has the same rights in relation to this data as the Client physical person (see. art. 1).
- Commercial Prospection
The Clients 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 “TPP” or a “Provider”)
You acknowledge that TPP may have rights in the Content or Materials and that they and our Group companies may enforce and enjoy protection of these Terms in accordance with the Contracts (Rights of Third Parties) Act 1999. We can, however, change these Terms without asking such Third Parties. Apart from such persons, no one shall have the right to enforce any of these Terms.
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 endeavors 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.
- End of Term/Service
We may suspend or end your use of this Service by giving you notice, which will be appropriate to the circumstances. An example might be if you breach the law, security, or intellectual property rights rules for example.
You may end your registration by contacting us at [email protected]. On termination of the Service, your rights to use it and any Content end.
- 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 Client 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].