Effective May 3, 2019
- Scope of application
The User may contact Birdee at any time via the Chat available on the Website and in the Application, by e-mail to the following address info@birdee or by mail to Birdee’s registered office.
The User should read these conditions carefully before using the Website and/or the Application.
The purpose of the Website and the Application is to give to the User the possibility to communicate with Birdee, including exchange with Birdee via the Chat function, 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 Website and/or the Application from time to time.
- Subscription process for discretionary portfolio management services
In order to subscribe to the Services offered by Birdee via the Website and/or the Application, the User must:
I. for the Application, download the application for mobile devices named Birdee via App Store or Google Play if the Application shall be accessed via the mobile application or access the web application
II. create a User account by providing an e-mail address and a password
V. fill in the “enter your details” form with all requested information
VI. provide the required documentation that Birdee must collect inter alia in the context of its anti-money laundering and anti-terrorism financing obligations
VII. read the Management Agreement
VIII. provide the information needed to transfer the money to Birdee.
The Website and the Application generally detect the missing information but do 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 Website and the Application 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 Website /the Application. 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 Website /the Application 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 Website and/or the Application are 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 Website and/or the Application may be or has been affected.
- Processing of personal data
The User further understands that Birdee outsources certain tasks, activities or services to third-party service providers which may be non-regulated and located outside Luxembourg, within the EU or outside the EU (the Service Provider(s)).
The User acknowledges and accepts that in this context the Service Providers may potentially be provided or have access to certain User data.
Descriptions and purposes of the outsourced services, the personal data that may be transferred and/or disclosed for each outsourced service and the country where the entities are established are detailed on http://birdee.co/documents-legaux/
Security and confidentiality issues have been taken into account by Birdee when developing the Website and the Application. In case the information available on the Website and/or the Application 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:
(a) of problems relating to the accessibility or availability of the Website and/or the Application for whatever reason
(b) of problems relating to the incompatibility of the Website and/or the Application 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 Website and/or the Application in an appropriate manner and/or to transmit the information relating to the User
(c) 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 Website and/or the Application
(d) 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
(e) any mistake in the information available on the website which was provided by third party data providers (including the custodian bank)
(f) 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 Website and/or the Application will be under his/her own responsibility. Birdee reserves the right to modify the Website and/or the Application, to modify or delete any information available on the Website and/or the Application 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 Website and/or the Application or of information available on the Website and/or the Application, 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 Website and/or the Application 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 Website and the Application and their 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 Website and the Application and their contents are protected by intellectual property rights as provided by the current applicable legislation. Only visualisation of the Website and/or the Application 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 Website and/or the Application or of their 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 Website and/or the Application 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 secured parts of the Website and/or the Application and Birdee may block the User’s access to the secured parts of the Website and/or the Application.
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.