This User Agreement contains the terms and conditions under which you as an individual if you are acting
in the capacity of a natural person, and/or you as a representative of your company if you are acting on
behalf of your company, and others who are authorised to act on behalf of your company ("Authorised User(s)")
may access and make use of this secured part of the LBL Portal accessible through: www.loanbyloan.eu and all
underlying pages (the "LBL Portal") including all products, services, documentation, information, materials,
tools, and other content made available through the LBL Portal (the "Content"), as a registered user.
Any reference to "Authorised User" will also include a reference to your company. Please read these terms
of use carefully before you start to use the LBL Portal.
By clicking on I agree and by using the LBL Portal you declare to be an authorised repres
entative of your
company who is authorised to bind your company and its employees, or, as the case may be, to bind yourself
as an individual, to the terms and conditions contained in this User Agreement and you accept the terms
and conditions, and as the case may be on behalf of your company, including any restrictions that may be
contained in any prospectus or other document made available for downloading on the LBL Portal. You also
declare that you as an Authorised User are either (1) a qualified institutional buyer (within the meaning
of Rule 144A under the U.S. Securities Act of 1933, as amended (the "Securities Act")) or (2) a non-U.S.
person (within the meaning of Regulation S under the Securities Act) outside of the United States. If at
any time your status as mentioned under (1) or (2) of the previous sentence changes, you will notify
LBL Data Services B.V. of such change forthwith and you will refrain from using the LBL Portal. If you
do not agree to these terms of this User Agreement, LBL Data Services B.V. cannot grant you the right
to access the LBL Portal.
LBL Data Services B.V. reserves the right to change, add or remove parts of these terms of the
User Agreement from time to time at its sole discretion. The continued use of the LBL Portal
after amendments have been published on the LBL Portal constitutes acceptance by Authorised Users
of such amendments.
Information about us
The LBL Portal is owned by LBL Data Services B.V., a Private Limited Company registered in the Netherlands.
The registered office of LBL Data Services B.V. is Prins Bernhardplein 200, 1097 JB Amsterdam, the Netherlands
and is registered in the Trade Register of the Amsterdam Chamber of Commerce (Kamer van Koophandel) under
number 08119773. The LBL Portal is operated by LBL Data Services B.V..
Access to and use of the LBL Portal
Access to the LBL Portal is permitted on a temporary basis and LBL Data Services B.V. reserves the
right to withdraw or amend the services and/or Content provided on or through the LBL Portal without
notice. From time to time,LBL Data Services B.V. may restrict or suspend access to (parts of) the
LBL Portal and Content to Authorised Users, or close it indefinitely if the need arises. If any
Authorised User breaches the terms of this User Agreement, LBL Data Services B.V. reserves the
right to suspend or terminate the Authorised User's access to the LBL Portal, or any element
of the LBL Portal.
Authorised Users are responsible for making all arrangements necessary for their access to the
LBL Portal. Authorised Users and your company are also responsible for ensuring that all
Authorised Users who access the LBL Portal are aware of these terms and conditions and that
they comply with them.
The LBL Portal may only be used by Authorised Users and then only for lawful purposes.
Under no circumstances may the LBL Portal be used (i) in any way that breaches any applicable
local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent,
or has any unlawful or fraudulent purpose or effect; (iii) to transmit any data, send or upload any
material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware,
adware or any other harmful programs or similar computer code designed to adversely affect the
operation of any computer software or hardware.
Authorised Users shall also not access without authority, interfere with, damage or disrupt:
(i) (any part of) the LBL Portal; (ii) any equipment or network on which the LBL Portal is
stored; (iii) any software used in the provision of the LBL Portal; or (iv) any equipment or
network or software owned or used by any third party.
Login details and theft thereof
Once you, in the capacity of Authorised User, have accepted this User Agreement, you will be
provided with an username and password by LBL Data Services B.V. ("Login Details") to use the
LBL Portal as an Authorised User. The Login Details are strictly personal and confidential and
Authorised Users will not permit anyone to use such Login Details and will ensure that the
Login Details will remain confidential and will protect the Login Details from any
unauthorised use. Authorised Users agree to be solely responsible for the confidentiality
and any use of the Login Details.
Authorised Users will be responsible for the related access management of the Login Details.
If Authorised Users should at any time no longer be granted access due to a change of position,
change of employment or otherwise, Authorised Users shall inform LBL Data Services B.V. of
the same as soon as possible to allow LBL Data Services B.V. to disable the relevant
Login Details and/or account.
Authorised Users will immediately report any unauthorised use, loss or theft of the
Login Details to LBL Data Services B.V.. LBL Data Services B.V. will as soon as possible
after receipt of such notification disable the relevant account and Login Details and provide
new Login Details to the Authorised User. LBL Data Services B.V. reserves the right to
disable any account and/or Login Details if it suspects unauthorised use of the Login Details.
Authorised Users shall indemnify LBL Data Services B.V. for all costs and damages resulting from
any claims from any third parties based on the use of the Login Details by anyone else than
Authorised Users. LBL Data Services B.V. is not liable for any damages incurred by Authorised Users
as a result of unauthorised use of the Login Details by any third party.
Disclaimers regarding the LBL Portal and the content
The LBL Portal and the Content are provided on an "as-is/as available" basis for general
informational purposes only. The Content may contain third party content, which content has
not been reviewed by LBL Data Services B.V. in any way and is provided and/or maintained by
third parties over which LBL Data Services B.V. exercises no control. Therefore no rights can
be derived from the (information and the Content on the) LBL Portal. The Content on the
LBL Portal may be out of date at any given time, and LBL Data Services B.V. is under no
obligation to update such material. Any information contained on the LBL Portal or in the
Content or provided through the LBL Portal should not be construed as financial, legal or
investment advice, nor does it constitute any investment recommendation in respect of any
financial instrument or underlying values, and it must not be relied on in connection with
any investment. Use of the LBL Portal and the Content is completely for the own risk of
Authorised Users and Authorised Users should consult their own financial and/or legal advisors
prior to making any investment decision.
The LBL Portal and the Content (including any documentation) available to be accessed or for
downloading do not constitute and may not be used for the purposes of:
an offer of securities or a solicitation to make such an offer to the public in the
European Economic Area in the meaning of any laws or rules implementing the
EU Prospectus Directive (2003/71/EC); or
an offer of securities or a solicitation to make such an offer in the United States
or any other country or jurisdiction in which such an offer or solicitation is prohibited,
or in respect of any person in relation to whom the making of such an offer or
solicitation is prohibited by law.
The information on the LBL Portal and the Content is, unless expressly stated otherwise,
not intended for residents of the United States or any "U.S. person" as defined in Regulation S of the Securities Act.
Save to the extent required by any mandatory applicable law, none of the LBL Portal or
the Content are subject to any warranty or condition, express or implied, including,
without limitation, any warranty of merchantability, satisfactory quality, fitness for a
particular purpose or use, and non-infringement. LBL Data Services B.V. does not, guarantee
the accuracy, completeness or availability of any Content. In addition, LBL Data Services B.V.
does not guarantee that the operation of the LBL Portal will be error-free or uninterrupted.
Third party links and third party content
On the LBL Portal,LBL Data Services B.V. may post third party content or provide links, in its
sole discretion, to other websites for your convenience in locating related information and services.
Such third party content and websites have not in any way been reviewed by LBL Data Services B.V.
and are maintained by third parties over which LBL Data Services B.V. exercises no control. Accordingly,
LBL Data Services B.V. expressly disclaims any responsibility for the content, the accuracy of the information,
the quality of products or services provided by third parties or advertised on and/or software downloaded
from these third-party websites. Moreover, this third party content and these links do not imply an
endorsement of any third party or any website or the products or services provided by any third party.
Authorised Users accept total responsibility for their use of the LBL Portal and any third party content
Authorised Users choose to access and/or use through the LBL Portal. The sole remedy for Authorised Users
is to stop using the LBL Portal and/or the Content.
Intellectual property rights
All intellectual property rights, including without limitation, copyrights, trademark rights and database
rights in or related to the Content (including without limitation in information, documentation, text,
images, logos, photographs and illustrations) and the LBL Portal (including the lay-out and design of
the LBL Portal) are the property of LBL Data Services B.V. and/or its licensors. All such rights are
reserved and subject to clause 6.2 below Authorised Users may not copy, duplicate, re-sell or otherwise
reproduce (any part of) the LBL Portal or the Content without the prior written approval of
LBL Data Services B.V. and/or its licensors.
The foregoing does not affect the right for Authorised Users to print off, download and modify
(extracts of) documents made available through the LBL Portal for personal and commercial use
in accordance with the purpose for which they are made available and to draw the attention of
others within your company to material posted on the LBL Portal. Authorised Users are hereby
granted a limited non-exclusive, revocable license to do the foregoing.
Authorised Users may not link to the home page of the LBL Portal from a website owned by their
company without prior written permission from LBL Data Services B.V.. Such linking must be
done in a manner that is fair and legal and does not damage the reputation of LBL Data Services B.V.
or take advantage of it, and Authorised Users must not establish a link in such a way as to
suggest any form of association, approval or endorsement on the part of LBL Data Services B.V. where
none exists. The LBL Portal must not be framed on any other website, nor may Authorised Users, after
having obtained prior written permission, create a link to any part of the LBL Portal other than the
home page. LBL Data Services B.V. reserves the right to withdraw linking permission without notice.
The website from which Authorised Users are linking must comply in all respects with the content
standards set out above.
If Authorised Users wish to make any use of material on the LBL Portal and/or in the Content other than
that set out above, please address such request to email@example.com.
Exclusion of liability
The use of the LBL Portal and the Content is for the own risk of Authorised Users. LBL Data Services B.V.,
its affiliates, any third-party providers, their directors, officers, shareholders, employees or agents
hereby exclude all liability in relation to the (use of the) LBL Portal and the (third party) Content to
the fullest extent permitted by law including without limitation in relation to any inaccuracy, incompleteness,
incorrectness, untimeliness or non-availability of the LBL Portal and/or the Content or any third party content.
LBL Data Services B.V., its affiliates, any third-party providers, their directors, officers, shareholders,
employees or agents shall not be liable for any type of damages including any direct, indirect, incidental,
exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses
(including without limitation, loss of profits, data, opportunity, savings or interest) or any penalties
imposed in connection with and/or as a consequence of (any use of) the LBL Portal and the Content, even if
advised of the possibility of such damages.
LBL Data Services B.V. processes information about Authorised Users and your company in accordance with the
to such processing and warrant that all data provided by Authorised Users is accurate.
Jurisdiction and applicable law
All matters relating to the access and use by Authorised Users of the LBL Portal and Content shall be governed
by the laws of the Netherlands. All disputes arising in connection with such access and use shall be submitted
to the competent court in Amsterdam.
The rights and obligations of Authorised Users under this User Agreement may not be assigned to any other party
other than permitted by this User Agreement.
LBL Data Services B.V. will not, be deemed to have waived any breach by an Authorised User of this
User Agreement, except by a written waiver expressly so stating, and such waiver will not be construed
as a waiver of subsequent or continued breaches. Article 6:89 of the Dutch Civil Code is excluded.
If any provision of this User Agreement is held to be invalid or unenforceable, such invalidity or
unenforceability will be limited to the maximum extent permissible, and the other provisions of this
User Agreement will remain in full force and effect.
This User Agreement constitutes the final and complete agreement between the parties regarding the
subject matter hereof, and supersedes any prior or contemporaneous communications, representations
or agreements between the parties relating to the subject matter hereof.
Your concerns and removal of information
Should Authorised Users, despite all care and attention being paid to the LBL Portal and/or the
Content, encounter any material on the LBL Portal and/or the Content of which Authorised Users
are of the opinion that this infringes their rights or which they consider to be otherwise unlawful,
such Authorised User(s) can file a written substantiated request to firstname.lastname@example.org in order to
have this information removed from the LBL Portal and/or the Content. If Authorised Users have any
other concerns about material which appears on the LBL Portal and/or in the Content, please
Thank you for visiting our LBL Portal.
Copyright © 2013-12/13/2018 10:52:16 PM LBL Data Services B.V. All rights reserved.