Terms & Conditions

Website usage terms and conditions

Welcome to our website www.fincovi.com and online platform (“Platform” or "Fincovi AM"). The term ‘Fincovi’ or ‘us’ or ‘we’ refers to the owner of the Platform, New Energy Financial Ltd, whose registered office is Crannagh, Summerhill, Athlone, Co. Roscommon, N37DK68. Our company registration number is 596260. The term ‘you’ refers to the user or viewer of our Platform. This agreement is a legal agreement between you and Fincovi (“Fincovi”) and governs your use of the Platform. By using the Platform you are indicating that you have read and agree to these terms (“Terms”) and Fincovi’s privacy policy ("Privacy Policy") and any other related terms and conditions located on Fincovi’s website, all of which are incorporated herein by this reference. If you do not agree to these Terms, do not use the Platform. If you have any questions regarding these Terms and Conditions, please contact our legal team at info@fincovi.com.

In the event any of the Terms conflict with the Privacy Policy or applicable EULA or Letter of Engagement or contract we have agreed with you, the terms of the applicable Letter of Engagement or contract shall govern as to the conflicting terms.

Unless explicitly stated otherwise, any new features that augment or enhance the current Platform, including new releases, shall be subject to these or other applicable Terms. You also understand and acknowledge that Fincovi may modify, terminate, suspend, or otherwise adjust any and all functions, features, options, utilities, tools or other aspects of the Platform at any time without prior notice to you. You are responsible for obtaining access to the Platform, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Platform.

You acknowledge and agree that the Platform, any Fincovi proprietary software (“Software”) and any other necessary software provided in connection with the Platform contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained or information presented to you through the Platform is or may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by Fincovi, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Platform or the Software or other software or materials, in whole or in part.

Fincovi and all Fincovi logos and product and service names are or may be trademarks of Fincovi (the "Fincovi Marks"). Except as solely enabled by any link as provided by Fincovi, you agree not to display or use in any manner the Fincovi Marks without Fincovi’s prior written consent.

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Fincovi through online media, suggestion or feedback web pages or otherwise, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Fincovi is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Fincovi shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Fincovi may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Fincovi without any obligation of Fincovi to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Fincovi under any circumstances.

Your Use of The Platform

Fincovi does not claim ownership of any content you submit or that you make available for inclusion on public sections of the Platform. However, with respect to content you submit or make available on the public sections of the Platform, you grant to Fincovi and all users of the Platform a worldwide, royalty-free and non-exclusive, perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such content into other works in any format or medium now known or later developed.

Additionally, with respect to content you submit or make available on for inclusion on public parts of the Platform, you represent and warrant that: (a) you have the right to grant such license and make such content available to Fincovi and its licensees, including users of the Platform; (b) none of the content you provide contains any data or information that is confidential, non-public, owned by or otherwise proprietary to a third party, not in the public domain or otherwise restricted or protected from use by any individual, entity or other party for any use by a third party; and (c) neither the delivery to nor use by Fincovi or its licensees, including users of the Platform, of such content shall violate or infringe the rights of any third party.

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Fincovi, are entirely responsible for all Content that you upload, download, post, email, transmit or otherwise make available or use via the Platform.

You agree to not use the Platform to:

a. upload, post, email, transmit or otherwise make available any Content that:

· violates applicable law, including securities laws;

· contains any payment card information;

· infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party or use, modify or combine the Content in any manner, with any other material, in any fashion that infringes the Rights of any person;

· you do not solely have the right to make available under applicable law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or otherwise may create liability or damages to Fincovi;

b. impersonate any person or entity, including, but not limited to, a Fincovi official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form or solicitation, except in those areas of the Service that are specially and specifically designated for solicitation;

d. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

e. interfere with or disrupt the Platform or servers or networks connected to the Platform;

f. "stalk" or otherwise harass another; and/or

g. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through f above.

You acknowledge that Fincovi may or may not pre-screen Content, but that Fincovi shall have the right (but not the obligation) to remove Content from the Platform that Fincovi determines, in its discretion, may create liability or damages to Fincovi. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that Fincovi may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Fincovi, its users and the public.

You understand that the technical processing and transmission of the Platform, including your Content, may involve: (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Platform, Software and any other software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Fincovi and/or content providers who provide such materials to the Platform. You may not attempt to override or circumvent any digital rights management technology or usage rules embedded into the Platform. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Platform, in whole or in part, is strictly prohibited.

The Platform may include functionality to provide access to products, services, information, data, content and other materials made available by or on behalf of third parties (“Third Party Materials”) or allow for the routing or transmission of Third Party Materials, including via links and various interfaces. By using such functionality, you are directing Fincovi to access, route and transmit to you the applicable Third Party Materials. Your installation or other use of Third Party Materials may result in the transmission of your information, data, content or other materials outside of your or Fincovi’s systems, or otherwise result in third party access to, or use of, your information, data, content or other materials. Third Party Materials are not part of the Platform provided by Fincovi under these Terms. Fincovi does not control, has no obligation to monitor, and will have no responsibility or liability for any Third Party Materials. Fincovi makes no representation or warranty regarding any Third Party Materials or any information, content, data or other materials made available through any Third Party Materials. Fincovi may block or disable access to any Third Party Materials (in whole or part) through the Platform at any time. In addition, the availability of any Third Party Materials through the Platform does not imply Fincovi’s endorsement of, or affiliation with, any provider of such Third Party Materials. Your use of Third Party Materials is subject to any additional terms, conditions and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

Fincovi expressly disclaims any and all representations or warranties relating to any Third Party Materials. You will look solely to the provider of the Third Party Materials for any warranty related issues or other claims related thereto. Otherwise, your use of Third Party Materials is at your own risk. Fincovi will have no liability or other obligation of any kind arising out of or related to any Third Party Materials or the use or inability to use any Third Party Materials. The disclaimers, limitations and other terms of these Terms applicable to Third Party Materials will apply notwithstanding any hosting or other services provided by Fincovi to the third party related to any such Third Party Materials.

You acknowledge that Fincovi may establish general practices and limits concerning use of the Platform, including without limitation the maximum number of days that Content will be retained by the Platform, the maximum size of any or all Content files, the maximum disk space that will be allotted on Fincovi's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Platform in a given period of time, and/or any other condition of the Platform. You agree that Fincovi has no responsibility or liability for the deletion or failure to store any Content, messages and other communications or other materials or Content maintained or transmitted by the Platform.

Disclaimer of Warranties

You expressly understand and agree that: (a) your use of the Platform is at your sole risk, the Platform is provided on an "as is" and "as available" basis and Fincovi and its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, title, fitness for a particular purpose and non-infringement; (b) Fincovi and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Platform will meet your requirements, (ii) the Platform will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Platform will be accurate or reliable, (iv) the quality of any products, services, information or other material obtained by you through the service will meet your expectations, and (v) any errors in the Platform will be corrected; (c) any material downloaded or otherwise obtained through the use of the Platform is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such material; and (d) no advice or information, whether oral or written, obtained by you from fincovi or through or from the Platform shall create any warranty not expressly stated in the Terms. You may have other statutory rights. However, to the full extent permitted by law, the duration of statutorily required warranties, if any, shall be limited to the minimum period allowed by law.

Limitation of Liability

You expressly understand and agree that Fincovi and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Fincovi has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Platform; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from or as a result of the Platform; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Platform; or (v) any other matter relating to the Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations in this paragraph may not apply to you.

You agree to indemnify and hold Fincovi and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) Content you submit, post, transmit or otherwise make available through the Platform; (b) your use of the Platform; (c) your connection to the Platform; (d) your violation of the Terms; or (e) your violation of any third party’s rights.

You agree that Fincovi may, under any circumstances and without prior notice, immediately terminate your access to the Platform and/or any and all Content or materials. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Platform (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) non-payment of any fees owed by you in connection with the Platform. Fincovi may also terminate this Agreement, your Fincovi account, access to the Platform and/or any and all Content or materials for any reason or no reason whatsoever. Termination of your Fincovi account includes: (a) removal of access to all offerings within the Platform, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Platform. Further, you agree that all terminations shall be made in Fincovi's sole discretion and that Fincovi shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Platform or Content.

The Terms constitutes the entire agreement between you and Fincovi concerning your use of the Platform, superseding any prior agreements between you and Fincovi with respect to the Platform. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Fincovi services or Software, affiliate services, Third-Party Content or third-party software. The Terms and the relationship between you and Fincovi shall be governed by the laws of Ireland without regard to its conflict of law provisions. You and Fincovi agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Dublin, Ireland. The failure of Fincovi to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.

The Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our site. Any changes to the Terms will be effective no later than thirty (30) calendar days following our posting of notice of the changes on our Site. Continued use of our Platform following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

Your Obligations

In consideration of your use of the Platform, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access or us the Platform, you may be required to provide certain information about yourself ("Registration Data") as part of the registration process for the Platform, or as part of your continued use of the Platform. You also agree to: (a) provide true, accurate, current and complete Registration Data as prompted or requested by the Platform and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You understand and agree that the Platform may include certain communications from Fincovi, such as service announcements and administrative messages, and that you may not be able to opt out of receiving them. If you provide any information that is untrue, inaccurate, not current or incomplete, or Fincovi has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Fincovi has the right to suspend or terminate your account, prevent your access to any or all portion of the Platform and or Content (or other users' access to your Content) and refuse any and all current or future use of the Platform (or any portion thereof) or Content. You certify that you are at least 18 years old; if you are not, you may not register for or use the Platform.

Account, Password and Security

As part of your use of the Platform, you and your organisation may receive one or more passwords and account designations upon completing the Platform’s registration process. You are responsible for maintaining the confidentiality of the passwords and accounts and are fully responsible for all activities that occur under your passwords or accounts. You agree to: (a) immediately notify Fincovi of any unauthorized use of your passwords or accounts or any other breach of security, and (b) ensure that you exit from your accounts at the end of each session. Fincovi cannot and will not be liable for any loss or damage arising from your failure to properly safeguard your accounts or passwords. You have sole responsibility for adequate protection and backup of Content of any type that you upload to, download from or otherwise create or use with, the Platform, and/or equipment you use in connection with the Platform. You must notify us immediately if accounts should be closed for any reason including due to employees leaving your organisation.

Charged Offerings and Fees

The Platform may be available to you with or without charge. Access to certain features, functions, and/or full or partial portions of the Platform may require additional payment. You may also be provided "trial", "demo", "beta" or other limited-functionality or limited-access versions of the Platform and/or its parts with or without charge. In addition to any fees required to access certain features, capabilities, functions or services offered through or by the Platform ("Charged Offerings"), you are responsible for paying all applicable taxes (including, but not limited to those we are not required to collect) and for all third party hardware, software, service and/or other costs you may incur in order to access the Platform and your account. Neither these Terms nor your account entitle you to any subsequent releases of the Platform, nor to any for-pay features, products, capabilities, features, upgrades or services offered, distributed or made available through the Platform without paying applicable charges or except as otherwise expressly and explicitly provided by Fincovi. All or some of the Platform may need to be downloaded to your computer and/or accessed online. You must have authorized and separate Platform access for each account you wish it to be enabled for.

Converting an account and/or specific Platform version or offering, including but not limited to trial or limited functionality rights offerings, to an enhanced account and/or fee-based version of the Platform or other paid account, version or other Charged Offering may result in the loss of access to the information or other data associated with your use of the free or non-paid version of the Platform.

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