1. TERMS AND CONDITIONS
This document sets out the Terms and Conditions subject to which legal entities that are project promoters, investors or other registered website users (jointly referred to as "Registered Users") may access and make use of, as well as contribute to, the website InvestEU Portal (the Portal). Before using the Portal, Registered Users must indicate that, they have read and accepted these Terms and Conditions (including the Portal Privacy Statement; see point 9 below) and that they agree to abide by them. Use of the Portal is subject to the condition that Registered Users explicitly agree to these Terms and Conditions. Points 5 to 7 of the Terms and Conditions apply only to Registered Users who submit material or information for publication on the Portal.
2. SCOPE OF THE INVESTEU PORTAL
The InvestEU Portal has been created by the European Commission (the "Site Manager") on the basis of Regulation (EU) 2021/523 of the European Parliament and of the Council of 24 March 2021 establishing the InvestEU Programme and amending Regulation (EU) 2015/1017 (OJ L 107/30, 26.3.2021). Commission Implementing Decision (EU) 2021/626 of 14 April 2021 [OJ L 131, 16.4.2021, p. 183–186], sets out technical specifications of the Portal as a transparent database of current and potential investment projects in the European Union.
Article 26 of the Regulation provides that the projects displayed on the InvestEU Portal shall be for the purpose of being visible to investors and for information purposes and the inclusion of projects in the Portal shall be without prejudice to decisions on the final projects selected for support under the Regulation, under any other Union instrument, or for public funding.
The Registered User acknowledges that the publication of projects on the Portal does not imply that it will become a project receiving public financing (be it from the Site Manager or from any other source) in the future and that in order to apply for any public funding it has to follow distinct procedures relevant for that purpose.
All projects submitted to the Site Manager for publication will need to comply with the admission criteria set out in Article 2 of the Decision.
3. REGISTRATION AND CREDENTIALS
Submitting contributions to the InvestEU Portal and making use of its alert services is permitted to Registered Users following a self- registration process that requires submission of contacts and information about a Registered User as a legal entity. The Site Manager will not be liable if for any reason the Portal is unavailable at any time or for any period.
From time to time, the Site Manager may restrict access to some parts of the Portal, or the entire Portal, without prior notice or justification.
Any notices or notifications to be given by the Site Manager to Registered Users pursuant to or in connection with these Terms and Conditions shall be deemed to have been received when addressed to them at the e-mail address provided during the registration. Registered Users must take appropriate steps to enable delivery of incoming e-mails at this address and to ensure that it is accessible only to authorized persons. Therefore any notices or notifications given by Registered Users to the Site Manager through this e-mail address are considered to be given by Registered Users who cannot claim the opposite. Registered Users can contact the Site Manager for any information, enquiries or requests by using an on-line form at the website
Registered Users must take appropriate security measures to prevent unauthorised disclosure of their user name and password and they must notify the Site Manager immediately if their password becomes known to any unauthorised user. The Site Manager has the right to disable any user identification code or password at any time, if in its opinion a Registered User has failed to comply with any of the provisions of these Terms and Conditions. Registered Users can be held liable for the intentional or negligent disclosure of their identification code or password to a third party in violation of these Terms and Conditions or for any breach thereof by the third party, which will not relieve Registered Users of obligations under these Terms and Conditions. Registered Users are responsible for ensuring that all persons who access the Portal through their internet connection are aware of these Terms and Conditions, and that they comply with them.
4. WAIVER OF LIABILITY
The information made available through the Portal is provided without any guarantees, conditions or warranties as to its accuracy. The Site Manager shall only publish information submitted to it by Registered Users, provided that the information, in the sole discretion of the Site Manager, fulfils the content standards set out in Section 5 below, and has no further liability towards Registered Users. The Site Manager therefore waives all liability arising from reliance placed on such information by Registered Users, or by anyone who may be informed of any of its content.
The Site Manager hereby expressly excludes any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Portal or in connection with the use, inability to use, or results of the use of the Portal, any websites linked to it and any materials posted on it, including, without limitation, any liability for:
- loss of income or revenue (including anticipated savings);
- loss of business;
- loss of profits or contracts;
- loss of data;
- loss of goodwill;
- any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable
5. CONTENT STANDARDS
These content standards apply to any and all material or information which Registered Users submit on the Portal ("Submitted Information") in its entirety. It is the sole responsibility of Registered Users to ensure that Submitted Information comply with these content standards.
Submitted Information must:
- be accurate (where it states facts), be provided in good faith (where it states opinions) and up to date at any given time;
- be submitted by a person entitled to do so in the name of and on behalf of a Registered User;
- to the extent it is related to the inclusion of projects in the InvestEU Portal, concern projects complying with the following admission criteria set out in Article 2 of the Decision:- the project must have a minimum size of EUR 500 000 in terms of required investments;- the project must fall in the areas eligible for financing and investment operations as set out in Annex II to the Regulation;- the promoter must not be excluded from contracts financed by the Union budget or sanctioned for grave professional misconduct, criminal activities, or significant deficiencies in complying with its obligations under Regulation 2018/1046 of the European Parliament and of the Council (OJ L 193, 30.7.2018);- the project must not constitute excluded activities as set out under point B of Annex V to the Regulation;- the project must be situated in the Union, or in an overseas country or territory linked to a Member State as set out in Annex II to the TFEU;- the project must not entail reputational risks for the Commission;- the project implementation must have commenced or must be expected to commence within three years of the date of submission to the InvestEU Portal;- the project must be clearly described in the project application as an investment project and the information provided therein must be accurate and must specify the amount of financing necessary for undertaking the project; and - the project must comply with Union law and policies.
- comply with applicable laws.
Submitted Information must not:
- contain any material which is defamatory, threatening, offensive, hateful, inflammatory or invading another’s privacy;
- promote discrimination or any illegal activity;
- infringe intellectual property rights of any person, including, but not limited to, copyright, database right or trade mark;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- concern projects including following activities: ammunition and weapons, military/police equipment or infrastructure (including explosives and sporting weapons); sex trade and relative infrastructure, services and media; gambling and related equipment, hotels with in-house casinos; tobacco (production, manufacturing, processing and distribution);
- be used to impersonate any person, or to misrepresent the identity of a Registered User or affiliation with any person;
- give the impression that they emanate from the Site Manager, if this is not the case.
6. PUBLICATION, CHANGES AND REMOVAL OF SUBMITTED INFORMATION
The Site Manager has all rights to publish Submitted Information (unless it is submitted to the form fields marked as "unpublished"/"not to be published") or to reject the publication of Submitted Information, in full or in part, at its full discretion. To the extent Submitted Information or its part is protected by intellectual property rights of a Registered User, the Registered User is granting a free licence to the Site Manager for such publication. The Site Manager may refuse publication of Submitted Information on legal, reputational or other grounds and Registered Users are not entitled to require any specific or personalised justification.
The Site Manager may change the layout and technical parameters of the Portal at any time. If the need arises, the Site Manager may suspend access to the Portal, or close it indefinitely. Any of the material on the Portal may be out of date at any given time, and the Site Manager is under no obligation to update such material.
7. PROCESSING FEE
No processing fee is currently charged.
8. SUSPENSION AND TERMINATION
Failure to comply with these Terms and Conditions may result in immediate, temporary or permanent withdrawal of the right to use the Portal or immediate, temporary or permanent removal of any posting or material uploaded by a Registered User to the Portal.
In case any third person claims that Submitted Information has been submitted in breach of the content standards, the Site Manager may, before taking any action described above, ask the relevant Registered User for clarification within a defined time period.
The Site Manager excludes liability for actions taken in response to breaches of these Terms and Conditions. The responses described in these Terms and Conditions are not exhaustive, and the Site Manager may take any other appropriate action, including disclosure of such information to law enforcement authorities or legal proceedings against a Registered User.
9. PROTECTION OF SUBMITTED INFORMATION AND PERSONAL DATA
The sole purpose of collecting any information from Registered Users is to use it in connection with the Portal (including promotional materials related to the Portal). All information provided by Registered Users is accessible to them and they are entitled to erase it at any time – in case the Portal is not available (Section 3 above), Registered Users can ask the Site Manager by e-mail to erase information about them and the Site Manager will follow their request without undue delay. The Site Manager keeps information about Registered Users which they submitted to the form fields marked as "unpublished"/"not to be published" confidential and securely stored at its own servers and does not disclose any such information for commercial purposes. The right of the Site Manager to transfer any information to other EU institutions, the European Investment Bank, InvestEU implementing partners or Member States of the EU, for the sole purpose to support and contribute to the management of the Portal according to Article 26 of the Regulation, is not affected. By using the Portal, Registered Users consent to such handling.
The Portal collects and further processes only very limited amount of rudimentary personal data of natural persons. These data enjoy due protection in accordance with the applicable legislation. The published Portal Privacy Statement incorporated by reference to, and forming part of, these Terms and Conditions describes further details related to the data protection.
10. TECHNICAL PROVISIONS
Registered Users may link to the Portal’s home page, provided they do so in a way that is fair and legal and does not damage the reputation of the Site Manager or take commercial advantage of it, but they must not establish a link in such a way as to suggest any form of association, approval or endorsement on the Site Manager’s part.
Registered Users must not misuse the Portal by knowingly introducing viruses or other technologically harmful material. Registered Users must not attempt to gain unauthorised access to the Portal, the server on which the Portal is stored or any server, computer or database connected to the Portal. Registered Users must not attack the Portal via a denial-of-service attack or a distributed denial-of service attack.
The Site Manager will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material of Registered Users due to their use of the Portal or to their downloading of any material posted on it, or on any website linked to it.
11. AMENDMENTS
The Site Manager may revise these Terms and Conditions at any time by amending this page. In such a case, a notification will be sent to Registered Users who are expected to take notice of any changes made, as they are binding on them. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Portal.