Legal Agreement

Terms and Conditions
 

Access and use of these websites provided by Erste Financial Services GmbH and its holding company EAA is subject to the following Terms and Conditions. Please read these Terms and Conditions carefully.

1. Service. These Terms and Conditions apply to all services, programmes, information and products that you use or otherwise access from time to time on the Erste Financial Services website (collectively the "Service").

2. Proprietary Rights of Erste Financial Services. You acknowledge and agree that Erste Financial Services exclusively owns or has been licensed by third parties to use all rights, title and interest in the Service and the information, data, databases, images, sound recordings, audio and visual clips and other content provided by Erste Financial Services through the Service (individually and collectively, the "Content"). Nothing contained in these Terms and Conditions conveys to you any right, title or interest in or to the Service or any Content. You shall not remove or modify any copyright or other notice placed on Content. Internal distribution of Content is limited to those (within your organisation) who are aware of the obligations imposed by these Terms and Conditions. You shall use the Service and Content solely for your own (internal) use. You shall inform Erste Financial Services immediately and without any undue delay about any changes within your staff group authorized to access our Erste Financial Services portal, so that a timely modification of the IT-based access possibilities can be initiated. In no event shall you display, circulate, publish, retransmit, redistribute, reproduce or sell all or any part of Content (outside your business organisation) by any means or medium now or hereafter created.

3. Important Disclaimers Regarding Content and Use Restrictions

A. Global Use. Erste Financial Services makes no representations that Content is appropriate for use in all locations, or that transactions, products, instruments or services discussed are available or appropriate for sale or use in all jurisdictions, or by all investors or counterparties.

B. No Offers. Under no circumstances should any Content be used or considered as an offer to sell or a solicitation of any offer to buy the securities or any other instruments, Syndicated Loans or Schuldscheindarlehen of Erste Financial Services or any other issuer. Offers can only be made where lawful under applicable law.

C. Linked Sites. Certain links are provided which may lead to websites maintained by third parties over which Erste Financial Services has no control. To the extent permitted by applicable law, we take no responsibility for the accuracy, content or any aspect of that material and disclaim any liability to you for such material or for any consequence of your decision to use the links provided or your use of such material. We also disclaim all liability and make no representations or warranties for any products or services sold or provided to you by any third party. Your purchase of products or services through one of those other sites is subject to agreements and/or the terms and conditions in effect between you and the providers of products and services at those other sites. You agree that you shall not bring a suit or claim against Erste Financial Services arising from or based on your purchase or use of products or services through those other sites.

D. No Warranty. You acknowledge that the Content provided through the Service is not intended to be a recommendation, offer or solicitation of any particular products or services. In addition, the Content provided represents the views and opinions solely of the author or the indicated source. Erste Financial Services does not independently verify the accuracy or completeness of the Content, nor does Portigon endorse any particular Content or views expressed therein. We take no responsibility for the accuracy, content or any aspect of the Content and disclaim any liability to you for the Content or for any consequence of your decision to use the Content. You agree that you shall independently confirm any information presented to you through the Service before relying on such information. Erste Financial Services and its employees, contractors, agents and various contributors to the Service have no duty to correct or update any inaccurate or out-of-date Content.

E. Downloaded Content. It is up to you to take precautions to ensure that information and Content you download or otherwise select for you use is free of viruses and other destructive items.

4. Compliance with Laws and Rules. You agree that you shall comply with applicable laws, rules, regulations, ordinances and other similar national and international requirements of the country, state and province in which you are accessing and using the Service and Content.

5. Limitation of Liability. You acknowledge that neither Erste Financial Services nor any of its officers, directors, employees, agents, contractors or other suppliers makes any warranties or guarantees with respect to the Service and Content, including without limitation, warranties regarding the accuracy or completeness of any Content, and warranties of merchantability or fitness for a particular purpose. Portigon and such persons shall not be liable to you for any loss, cost, damage or other injury, whether in contract, tort, negligence or otherwise, (1) arising out of or caused in whole or in part by your or Erste Financial Services or any such persons' use of or reliance on the service or its content, or (2) or in otherwise performing its obligation under or in connection with these Terms and Conditions. Erste Financial Service does not represent, warrant or guarantee that the Service or Content will be free from errors or will be available at all times.
Under no circumstances will Erste Financial Services or its partners, employees, agents, contractors or other suppliers be liable to you or any third party for any punitive, consequential, special or similar damages, even if advised of the possibility of such damage.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for certain damages, in such states or jurisdictions, the liability of Erste Financial Services, its partners, employees, agents, contractors or other suppliers shall be limited in accordance with these Terms and Conditions to the extent permitted by law.
Erste Financial Services and its officers, directors, employees, agents, contractors or other suppliers shall not be liable for any loss, cost or damage due to causes beyond their control. Erste Financial Services accepts no responsibility for security of information on the Internet.

6. General. Should any provision of these Terms and Conditions be held to be void, invalid, unenforceable or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.

7. For Users in the U.S. - Compliance with Laws and Rules; Indemnity. You agree to abide by applicable export control laws and not to transfer, by electronic transmission or otherwise, any Content subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorisation. You further agree not to upload to the Service any data or software that cannot be exported without prior written government authorisation, including, but not limited to, certain encryption software. Offices, residents and operations of your organisation in Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria and any other countries that are the subject of general U.S. embargo restrictions are not permitted to access and use the Service, and any such access and use is a violation of these Terms and Conditions. Upon request by Erste Financial Services, you hereby agree to defend, indemnify and hold harmless Erste Financial Services, its officers, directors, employees, agents, contractors or other suppliers from all liabilities, claims and expenses, including attorneys´ fees, that arise from a breach of these Terms and Conditions for which you are responsible, or from the use of the Service or Content. Erste Financial Services reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification arising out of or caused in whole or in part by your or Erste Financial Services or any such persons' use of or reliance on the service or its Content by you.