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INREV Vehicles Data Input Tool - User Terms and Conditions

This document provides the terms and conditions for use of the INREV Vehicles Data Input Tool, hereinafter referred to as “VDIT”, available via the URL: data.inrev.org, hereinafter to be referred to as the “Login Portal”. This document will be referred to as the “User Terms and Conditions”.

1.    About INREV

INREV is the European Association for Investors in Non-Listed Real Estate Vehicles. We are the leading platform for sharing knowledge on the European non-listed real estate investment industry and aim to make this asset class more accessible and attractive to investors. INREV is registered in the Netherlands with registration number 34178762 and has its registered office at Gustav Mahlerplein 62, Ito Tower, 8th floor, 1082 MA, Amsterdam, Netherlands. 

2.    Qualifications for access to VDIT

2.1    To qualify for access to VDIT, your organisation must be active in the institutional non-listed real estate market. Access will only be granted to employees of such organisations for the sole purpose of providing or updating data on their vehicle(s) data. 

3.    Access to VDIT

3.1    Any employee of an organisation that qualifies for access to VDIT can apply for an account via the Login Portal. By applying for an account, applicants accept and acknowledge that they are bound by these User terms and Conditions.

3.2    Before accepting an application, INREV reserves the right to verify the identity of the applicant and his/her employer, using the mandatory information provided by the applicant during the application process.

3.3    Once an application is accepted, the applicant is granted an account, providing individual access to VDIT via the Login Portal. An applicant that is granted an account is, from that moment on, referred to as ‘“User’”. INREV reserves the right to deactivate User accounts at any time in the event of a breach of these User Terms and Conditions, a security breach or any other threat to the safety and security of VDIT and any and all data it contains. 

3.4    Usernames and passwords may only be used by Users themselves. Usernames and passwords may not be provided to third parties, other Users, co-workers that have not – yet – applied for an account, or any other persons or entities whatsoever. Unauthorised use of usernames and passwords is considered a security breach. 

3.5    Personal data provided by Applicants and Users will be processed for the purpose of verifying their identity, the qualifications for access to VDIT and, if INREV decides to grant them an account, for the purpose of creating that account and, after that, granting them access to VDIT and their own personal data contained in VDIT. Beyond that, all personal data provided to INREV by Users, will be processed in accordance with the Privacy Statement of INREV, which can be found on the INREV website.

3.6    Each User is individually able to amend the data they have provided in their account at any time. This includes the possibility to correct, supplement and/or delete their personal data. Deleting personal data may result in termination of the account, as some personal data will be required to verify the identity of a User when logging into the VDIT.

3.7    By creating an account and logging into the VDIT, thus using the account, Users accept and acknowledge that they are bound by these User terms and Conditions. 

3.8    If a User is also a Representative of an INREV Member, the Membership Terms and Conditions also apply to any and all use of VDIT and the account. In the event of any conflict or inconsistency between any provisions of these User Terms and Conditions and the Membership Terms and Conditions, the Membership Terms and Conditions shall prevail.

4.    Termination and cancellation

4.1    If a User wishes to cancel their account, they can request cancellation of their account by sending an email to data@inrev.org. Upon receiving such a request, INREV will cancel the account and confirm cancellation with due diligence. 

4.2    If a User does not comply with these User Terms and Conditions, INREV can decide to suspend that Users account. INREV will inform the User of such a decision with due diligence. 

4.3    A User is obliged to immediately inform INREV of any occurrences or situations that cause or may cause them to no longer meet the requirements of access to VDIT as set out in clause 2.1 above. Any and all access rights of Users are immediately terminated at the moment a User or a User’s employer no longer meets the requirements for access to VDIT as set out in clause 2.1 above. If, for any reason, INREV is either unaware of the fact that a User or a User’s employer no longer meets the requirements for access to VDIT as set out in clause 2.1 above, or unable to immediately deactivate an account, this does not entitle such a User to continue using their account. 

4.4    Accessing VDIT by a User after the moment a User or a User’s employer no longer meets the requirements for access to VDIT as set out in clause 2.1 above, violates several rights of INREV, including but not limited to proprietary rights on the content of VDIT. Such unauthorised access results in immediate liability for the User.

5.    Intellectual property rights

5.1    Users are not permitted to use INREV’s trademarks, trade names, service marks, copyrights or logos in any form of

5.2    All trademarks, trade names, service marks, copyrights, logos, publications, data, documents, graphs, pictures, video’s, guidelines, annual or quarterly indices, universes, tools, reports, surveys and any and all other information published, created, generated or made available by INREV in any other way or form to Users, through the VDIT or by any other means will hereinafter be referred to collectively as INREV’s Intellectual Property Rights. As a User, you acknowledge that all (claims to) current and future Intellectual Property Rights are the exclusive property of INREV and/or INREV’s licensors. 

5.3    As a User you acknowledge and agree, that all information you provide to INREV through the VDIT, may be used to create indices (INREV Indices) that give a view on the state of the non-listed real estate vehicles market over a particular period of time, to assess and create market universes (INREV Universes), to create and develop new products and services and for research purposes in general. 

5.4    As a User you acknowledge and agree that, in consideration for INREV to periodically provide a variety of INREV Indices, Universes and other products and services, INREV has the right to use and research, on a royalty free perpetual basis, any and all data provided by you as a User.  

5.5    Users or their Employers will promptly and at their own expense comply with any security related rules and guidelines that INREV reasonably requires from time to time in relation to the manner in which INREV provides Users access to the VDIT. Failure to comply with such rules and guidelines is considered a threat to the safety and security of the VDIT. 

6.    Disclaimer 

6.1    The VDIT and all related services are provided on an "as is" basis by INREV, without warranties or obligations (ongoing or otherwise) of any kind to Users, their Employers or any third party including, but not limited to, any warranty or any obligation (ongoing or otherwise) as to the VDIT (i) being accessible without interruptions and delay,(ii) being up to date and free from errors, omissions or computer viruses or other malicious code and (iii) not infringing any third party rights. INREV is not responsible or liable to Users, their Employers or any third party for any (i) inability to access the VDIT without interruption or delay, (ii) errors, omissions or computer viruses or other malicious code in VDIT, (iii) VDIT not being up to date or (iv) infringement of any third party right. 

6.2    As a User, you accept and acknowledge that INREV Indices and Universes are created with the information provided to INREV by non-listed real estate vehicles, in order to give a view on (the performance) of the non-listed real estate vehicles market over a particular period of time. INREV Indices and Universes provide (and are only intended to provide) general information on any particular market featured. INREV Indices or Universes do not represent or contain investment information on or constitute advice in respect of specific vehicles or investments, nor should they be used as a basis for investment decisions. These are matters on which specific professional advice should be taken. To any person provided with information from an INREV Index, please be aware that the information yielded in the vehicle performance section reflects the selection criteria selected by the provider and may not be representative of the vehicle’s performance on any other basis.

6.3    INREV receives the information used to create the INREV Indices and Universes in good faith from VDIT’s Users. As each User, or their employer, may have compiled the information under a different accounting standard, the Indices do not provide information in accordance with a particular accounting standard. INREV is not in a position to confirm the accuracy or completeness or whether the INREV Indices and Universes are representative of any particular market in any particular period of time. INREV has not verified the information it has received, nor does INREV accept any responsibility to do so. We also do not accept responsibility for any loss which may arise from any use of or reliance on the INREV Indices and Universes or their contents by Users, their Employers or any third parties. 

7.    Liability

7.1    This clause 7 sets out INREV’s entire financial liability (including any liability for the acts or omissions of INREV’s employees, agents, contributors, consultants and sub-contractors) to Users in respect of:

a)    Any breach of these User Terms and Conditions;
b)    Any use a User or made of the VDIT or any part of the VDIT; and
c)    Any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with these User Terms and Conditions and/or any use made by a User of the VDIT.

7.2    Nothing in these User Terms and Conditions excludes our liability:
a)    For death or personal injury caused by our negligence;
b)    For fraud or fraudulent misrepresentation;
c)    For gross negligence;
d)    For any other liability which cannot be excluded by applicable law.

7.3    INREV’s total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with these User Terms and Conditions and any possible performance that directly relates to an obligation contained in these User Terms and Conditions shall be limited tothe maximum amount to be paid out by INREV’s insurance for a single event.

7.4    This clause 7 shall survive the termination of a User’s account.

8.    Miscellaneous

8.1    If any provision (or part of a provision) of these User Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. 
8.2    If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
8.3    These User Terms and Conditions are governed by the laws of the Netherlands.
8.4    The competent court in Amsterdam, the Netherlands, shall have jurisdiction to settle any dispute in connection with these User Terms and Conditions without prejudice to the right of appeal and that of appeal to the Supreme Court.