This document provides an overview and a more detailed explanation of the terms and conditions that govern the use by any visitor (“User”) of the INREV Website (www.inrev.org) (the “Website”). This document will be referred to as the “Users 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, the Netherlands.
2. INREV data / output, intellectual property rights and confidentiality
2.1 Users are not permitted to use INREV’s trademarks, trade names, service marks, copyrights or logos in any form of external communication, without prior written approval from INREV.
2.2 All trademarks, trade names, service marks, copyrights, logos, publications, data, documents, graphs, pictures, video’s, guidelines, annual 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, on the Website, or by any other means will hereinafter be referred to collectively as the INREV data / output. As a User, you acknowledge that all (claims to) current and future (intellectual property) rights to the INREV data / output are the exclusive property of INREV and/or INREV’s licensors.
2.3 Any User shall be prepared to adopt the INREV Guidelines, support the adoption of the INREV Guidelines and support the delivery of required data to INREV, where appropriate.
2.4 Any User acknowledges and agrees that, in consideration for INREV to perform its obligations and providing Users with certain information, services and access rights, INREV has the right to use, on a royalty free perpetual basis, any and all data provided by a User for the purposes of creating, improving, assessing and providing the INREV data / output, INREV’s services and all other information available on the Website.
2.5 Users are not allowed to use INREV data / output for external communications of any kind. More in particular, any use of INREV data / output for commercial purposes, including sales, is not allowed.
2.6 Users are allowed to print and / or download information from the Website for their own personal use only.
2.7 Users shall notify INREV as soon as possible upon becoming aware of any unauthorised access or use of the information by any individual or entity or of any claim that the information infringes upon any copyright, trademark or other contractual, statutory or common law rights.
3. Eligibility for participation at INREV Events / INREV Training Courses
3.1 INREV organises a range of Events as well as a range of Training Courses. In some cases INREV Events are organised for specific groups only. For INREV Events and/or INREV Training Courses, Users agree to participation in line with the INREV Events Terms and Conditions, respectively the INREV Training Courses Terms and Conditions.
4.1 The Website is provided on an "as is" basis by INREV, without warranties or obligations (ongoing or otherwise) of any kind to Users or any third party including, but not limited to, any warranty or any obligation (ongoing or otherwise) as to the Website or websites to which the Website links (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.
4.2 Any User acknowledges and agrees that any and all (parts) of the INREV data /output published on the Website or through any other means, including but not limited to INREV Guidelines, INREV Indices, INREV Universes, Tools, Reports and Surveys, contains information provided to INREV by its Members and other market participants in order to give a view on the state of the European non-listed real estate vehicles market over a particular period of time. The INREV data / output provides, and is only intended to provide, general information on any particular market featured. The INREV data / output does not represent or contain investment information on, or constitute advice in respect of specific funds or investments, nor should it be used as a basis for any investment decisions or trading purposes. Any User acknowledges and agrees that the use of the INREV data /output is at the User’s sole risk and that the INREV data / output and anything contained therein, including but not limited to, content, services, goods or advertisement is provided “as is” and “as available” and that INREV makes no warranty of any kind, express or implied, as to the INREV data / output, including but not limited to, non-infringement, title or fitness for a particular purpose.
5.1 This clause 5 sets out INREV’s entire 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 the INREV Articles of Association and/or these Users Terms and Conditions;
b) Any use a User made of the INREV data/output; and
c) Any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with the INREV Articles of Association and/or these User Terms and Conditions and/or use made by a User of the INREV data/output or INREV’s service(s).
5.2 INREV is not responsible or liable to Users or any third party for any (i) inability to access the Website or third-party websites without interruption or delay, (ii) errors, omissions or computer viruses or other malicious code in the Website or third party websites, (iii) the Website or third party websites not being up to date or (iv) infringement of any third party right. All legal and contractual defences (including, but not limited to, exclusions and limitations of liability) apply regardless of the legal ground on which liability is based and may be revoked by INREV’s licensors, contributors, suppliers, subcontractors and those for which INREV is vicariously liable.
5.3 Nothing in these Users Terms and Conditions excludes INREV’s liability:
a) For death or personal injury caused by INREV’s gross negligence;
b) For fraud or fraudulent misrepresentation;
c) For gross negligence and/or wilful default;
d) For any other liability which cannot be excluded by applicable law.
5.4 INREV’s total aggregate liability in contract, tort (including gross negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with the INREV Articles of Association, these Users Terms and Conditions and any possible performance that directly relates to an obligation contained in the INREV Articles of Association and/or these Users Terms and Conditions shall be limited to the sum which is actually paid out by the insurer of INREV in the occurrence.
6.1 As a User, unless stated to the contrary, in the event of any conflict or inconsistency between any provisions of these Users Terms and Conditions and the INREV Articles of Association, the INREV Articles of Association shall prevail.
6.2 If any provision (or part of a provision) of these Users 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.
6.3 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.
6.4 INREV reserves the right to change the information provided on the Website at any time without further notice. INREV is entitled to amend these Users Terms and Conditions.
6.5 These Users Terms and Conditions are governed by the laws of the Netherlands.
6.6 The competent court in Amsterdam, the Netherlands, shall have exclusive jurisdiction to settle any dispute in connection with these Users Terms and Conditions without prejudice to the right of appeal to the Supreme Court.