- Scope of application
Birdee a société anonyme incorporated under the laws of the Grand-Duchy of Luxembourg, having its registered office located at 59, Boulevard Royal, L-2449 Luxembourg, registered with the Luxembourg trade and companies register under number B213539 and authorised by the Luxembourg supervisory authority of the financial sector (the Commission de surveillance du secteur financier, the CSSF) as a discretionary portfolio manager under article 24-3 of the Luxembourg act of 5 April 1993 on the financial sector, as amended
User of the Application Site.
The User may contact Birdee at any time via the Chat available on the Application Site, by e-mail to the following address firstname.lastname@example.org or by mail to Birdee’s registered office.
- The User should read these conditions carefully before using the Application Site.
- The purpose of the Application Site is to give to the User the possibility to communicate with Birdee, including exchange with Birdee via the Chat function available via the Application Site, as further described in the Management Agreement and to access investment and financial information, including transaction reports and portfolio valuations and other services made available via the Application Site from time to time.
- Subscription process for discretionary portfolio management services
- In order to subscribe to the Services offered by Birdee via the Application Site, the User must:
- download the application for mobile devices named Birdee via App Store or Google Play if the Application Site shall be accessed via the mobile application
- create a User account by providing an e-mail address and a password
- fill in the “enter your details” form with all requested information
- provide the required documentation that Birdee must collect inter alia in the context of its anti-money laundering and anti-terrorism financing obligations
- read the Management Agreement
- provide the information needed to transfer the money to Birdee.
- The Application Site generally detects the missing information but does not check the consistency or accuracy of the information provided by the User. Birdee recommends the User to check on the summary screen all the information before validating the subscription to the Services. Birdee cannot be held responsible for direct or indirect consequences related to a User’s error in the information provided when ordering.
- The concluded contracts will be retained by Birdee and its subcontractors. A copy of the Management Agreement will be sent to the User by email.
- The subscription to the Service and any communication between the User and Birdee will be conducted in English.
- Conditions of use
- The User shall use the Application Site in accordance with the following conditions:
- The User shall be the only person who will use the login details (password and username) in view of accessing the Application Site. The User shall keep such login details confidential and shall not share, transfer or otherwise misuse them. The User shall inform Birdee immediately in case (s)he thinks that the confidentiality of the login data may no longer be given.
- The use of the information available via the Application Site is strictly personal and shall not be distributed, transmitted or otherwise communicated to any other party.
- The User shall take appropriate measures to secure his computers and mobile devices via which the Application Site is accessed or used. This notably includes measures to prevent unauthorized access (physical or logical), malicious software or invasive programs, and exploitation of vulnerabilities with in the hardware or software. The User shall notify Birdee whenever (s)he learns or suspects that the security of the Application Site may be or has been affected.
- Processing of personal data
- Security and confidentiality issues have been taken into account by Birdee when developing the Application Site. In case the information available on the Application Site and/or the data transmitted by or to the User would, despite the technical protection measures implemented by Birdee, is intercepted, decrypted, transmitted to or used by any third party, altered, modified or deleted, Birdee declines any liability in relation to direct or indirect consequences which would result therefrom for the User.
- In addition to the provisions set forth in article “Liability” of the Management Agreement, Birdee declines any liability in relation to the direct or indirect consequences:
- of problems relating to the accessibility or availability of the Application Site for whatever reason;
- of problems relating to the incompatibility of the Application Site with the User’s IT equipment, its configuration, its Internet connection or in case of incapacity of the User’s equipment to retrieve the information available on the Application Site in an appropriate manner and/or to transmit the information relating to the User;
- of any damages caused to the User’s hardware or software configuration, as well as of any loss of data resulting from the use of the Application Site;
- of the use of electronic communication means (including but not limited to e-mail) for purposes of communication between Birdee and the User which would contain computer viruses or be intercepted or altered by third parties;
- any mistake in the information available on the website which was provided by third party data providers (including the custodian bank); and
- any indirect losses or damages which may be suffered by the User, such as loss of profits, loss of anticipated savings, or loss of business opportunity.
- The User accepts that any use of the Application Site will be under his/her own responsibility. Birdee reserves the right to modify the Application Site, to modify or delete any information available on the Application Site or to cease its publication at any time.
- Birdee shall in no event be held liable for any direct or indirect damages resulting from the use of the Application Site or of information available on the Application Site, in particular any operating, financial or commercial loss or loss of programmes and/or of data, in particular in the User’s information system.
- The Application Site may contain links to other websites. Birdee declines any liability in relation to the contents of such websites.
For the avoidance of doubt, nothing in this clause shall limit Birdee’s liability for gross negligence or wilful default.
- Intellectual Property
- The Application Site and its entire content (including designs and editorial content, as well as the description of the documents and services) are owned by Birdee and/or third parties. The Application Site and its contents are protected by intellectual property rights as provided by the current applicable legislation. Only visualisation of the Application Site and printing of extracts for private use and to exercise the User’s rights under the Management Agreement by the User are authorised. The partial reproduction of any database accessible from the Application Site or of its contents for any use other than a strictly private use by the User, as well as the substantial or integral reproduction, are forbidden. The User shall in no case transmit, reproduce, sell, use or exploit in any other manner or under any other form any information or document displayed on the Application Site without the prior written authorisation of Birdee.
After the termination of the management agreement is effective in accordance with article “Termination” of the Management Agreement, the User shall not further access the Application Site and Birdee may block the User’s access to the Application Site.
Birdee will notify the suspension to the User in due course.
- Governing law and jurisdiction
The courts of the District of Luxembourg shall have exclusive jurisdiction for any litigation arising between the User and Birdee.
Traders established within the Union engaging in online sales or service contracts, and online marketplaces established within the Union, shall provide on their websites an electronic link to the ODR platform. That link shall be easily accessible for consumers. Traders established within the Union engaging in online sales or service contracts shall also state their e-mail addresses.