Terms & Conditions
Terms & Conditions
Scope of Agreement and Services
ESG.Guide GmbH, having its registered office at Universitätsring 10, 1010 Vienna, Austria („ESG.Guide“, „we“, „us“, „our“) provides an information platform via the website www.esg.guide („Website“). ESG.Guide is not a transaction, broker or advisory platform and does not provide any kind of investment service, advice or recommendation on any type of investment product or service.
This Terms and Conditions („Terms”) govern the relationship between us and users for the use of the Website („User“). Users can be organisations with an Organisation Profile and Newsfeed or companies with a Company Profile and Newsfeed (both "Company") and organisations, companies or individuals interested in the content ("Readers"). Users are to be qualified as entrepreneurs since they are – as natural persons or legal entities – acting for purposes relating to their trade, business, craft or profession according to Sec 1 Austrian Corporate Code.
The Website includes an organisation and company directory in the ESG field and individual Company Profiles. The directory is initially created by ESG.Guide whereby listed organisations and companies are divided into designated categories. Companies can also register for a listing themselves and create an individual profile ("Company Profile"). A Company Profile allows Companies to provide general information and a newsfeed ("Newsfeed"). Readers can browse the directory without registration or may register to use the subscription service. In latter case, Readers will get a personalized newsflow on the Website with Content from their selected Companies.
These Terms shall apply to the exclusion of all other conditions except where alternative provisions have been agreed in writing. For any questions, Users can contact ESG.Guide by email ([email protected]), mail or through the contact form in the “contact” section of the Website.
A. COMPANY RELATED PART
A.1. Company Profile
To create a Company Profile and Newsfeed a Company has to register with us. For this purpose, the Company's representative has to complete a two-step registration process. First the Company’s representative has to register as a Reader (see below). Thereafter, the Company’s representative has to register the Company by purchasing a subscription plan and providing the Company’s information details. Companies shall only provide accurate and complete information (in particular organisation/company name and logo, e-mail, address, ZIP code, city, country and information to verify the representative's affiliation with the company – e.g. LinkedIn profile). By clicking the respective button within the registration process, Company's representative confirms the accurateness of the provided information and compliance with these Terms.
When registering, Companies can choose between a simple Company Profile and a Company Profile with Newsfeed. An upgrade to a Company Profile with Newsfeed is possible at any time.
After a Company’s registration, the Company can fill the Company Profile and, if applicable, Newsfeed at its own discretion. We validate the affiliation with the Company and whether the Company fits into the subject area of the Website. After a positive validation, a Company Profile will receive a mark indication a positive validation.
We reserve the right to refuse or revoke a request for setting up a Company Profile or to refuse or revoke an existing registration without giving any reason. Further, we reserve the right to – in our sole discretion – restrict Company's access, temporarily or indefinitely block Company Profile, warn a Company or issue a warning, especially if:
- Company breaches these Terms;
- we are unable to verify or authenticate any information provided by Company;
- other Users complain about Company's activities on the Website;
- we believe that Company's actions are illegal or may cause any loss or liability to other Users or to us.
A.2. Term and Termination
The subscription for a Company Profile is set up for an indefinite term. The minimum term for a Company Profile is twelve (12) months. The subscription may be terminated at any time by either party at the end of each subscription term by giving three (3) months' notice. Company's termination may become effective after the end of the minimum term at the earliest. A termination does not entitle Company for a refund. Termination must be made by clicking the respective button in the section “Dashboard” or in writing.
Companies may further terminate their subscription at any time by deleting the Company Profile. This termination does not affect already exiting claims by us against the Company in connection with its activity on the Website and the contractual relationship with the Company until the end of the subscription term.
Each Party has the right to terminate the subscription for cause with immediate effect by written notice to the other party. Cause for such termination gives rise if the other party has breached its material obligations under this Terms and has not remedied such breach within a reasonable cure period provided by the other party in writing.
A.3. Pricing for Products and Services
The pricing schedule for products and services are provided by ESG.Guide on the Website in the “plans” section. ESG.Guide reserves the right to amend its prices and fees, dates, periods as well as its product and service portfolio for the future.
Our purchasing process is conducted by our reseller Paddle (https://paddle.com). Paddle is the Merchant of Record for most purchases on our Website and handles all customer service inquiries regarding billing, subscriptions and returns. Please also review their Terms and Conditions before purchasing our services/subscriptions.
A.4. Information Access
Content provided by Companies is accessible restriction-free to Users.
ESG.Guide endeavors to provide the services with reasonable skill and care. If Companies experience any problem with the Website, the matter should be raised in writing to ESG.Guide support by e-mail ([email protected]) or through the contact form in the “contact” section of the Website. Sufficient detail on the nature of the complaint should be given so that ESG.Guide can investigate the concerns. ESG.Guide will confirm receipt of concern and aims to provide a written response within reasonable time.
B. READER RELATED PART
B.1. Registration for Readers
In general, Readers do not need a registration for using the Website or visiting the Company Profiles.
Readers have the possibility to subscribe for the Newsfeed of selected Companies. In this case, the Readers have to set up an account by filling in the registration form and choosing Companies of interest ("Account"). Readers will then get a personalized newsflow on the Website with Content from their selected Companies. In addition, Readers can also choose to receive a newsletter with information about new content from Company newsfeeds on the Website via e-mail.
Readers may delete, add, change or pause their subscriptions at any time in their Account. Further, Readers may delete their Account or request the deletion at any time.
We reserve the right to delete Reader's Account without giving any reason. Further, we reserve the right to – in our sole discretion – restrict Reader's access, temporarily or indefinitely block Reader's Account, warn a Reader or issue a warning, especially if:
- Reader breaches these Terms;
- we are unable to verify or authenticate any information provided by Reader;
- other Users complain about Reader's activities on the Website;
- we believe that Reader's actions are illegal or may cause any loss or liability to other Users or to us.
C. GENERAL PART
C.1. Login Information
Users are at their sole discretion responsible for keeping the respective login information (e-mail address and password) confidential. Users shall hold us harmless regarding all damages arising from failure to keep the login information confidential. We can only verify if valid login information is used. Users shall notify us immediately if they become aware of any unauthorized use of login information or other breach of security on the Website.
C.2. Information and Content
The Website is a platform where Companies may create profiles and provide information and content ("Content"). ESG.Guide acts as a sole host provider and does not have any influence or responsibility for the provided Content and does not share or distribute own content.
Content – whatever its nature (financial or otherwise) – is provided for information purposes only by the Company to Readers. The Companies are solely responsible for ensuring that any submitted Content complies with all applicable laws and does not infringe any third party rights, as well as is neither offensive nor improper.
The information should neither be regarded as an offer nor a solicitation to buy, sell or otherwise deal with any investment referred to therein and is not intended for distribution to or use by any person in any country, where the investment product and services referred to are not authorized or registered for distribution or in which the dissemination of information on the funds or services is forbidden. Specific regimes might allow Companies to use or restrict the use of the content provided.
The information has no value in terms of legal, accounting or tax advice and is only valid at the time given. It cannot appropriately substitute the knowledge and skills of the user of the information and may be deleted at any time without prior warning by us in case it violates this Terms.
ESG.Guide cannot be held responsible for any direct or indirect consequences resulting from the use of the Content. None of the material included in the information has been audited by any independent body and may be altered by the Company at any time without any notice.
Any information provided by Companies is understood to represent marketing information and marketing material and does not represent advice to any party in any form. Content contributions of Companies to the Website reflect the opinions of the author(s) involved and not those of ESG.Guide or its staff.
C.3. Use of the Website
The Website shall be used safely and in accordance with applicable laws. Each time the User connects, he must ensure that his IT installations do not suffer any technical anomaly or contain any virus or other program that could jeopardize the security of the use of the Website.
The User’s web browser installation must comply with the minimum required configuration necessary to be able to use the full functionality. ESG.Guide shall provide information on the most appropriate internet browser versions on request. In general, the User must take all reasonable steps to maintain the security of his access to the Website. The User must further comply with the legislation at his place of residence and/or domicile and with the legislation of the place where he uses the Website.
The Users are prohibited to use the Website, in particular but not limited to:
- decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Website or any Content except as permitted by copyright law;
- promote any illegal activity, or advocate, promote or assist any unlawful act or violates existing financial regulations;
- violate legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms;
- provide any material or content that is pornographic, obscene, improper, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist, xenophobic, shocking, inappropriate for families, illegal, or otherwise objectionable;
- provide any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
- provide material or content that promotes, provides, or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group;
- transmit any unsolicited or unauthorized advertising, promotional materials, „junk mail“, „spam“, „chain letters“, „pyramid schemes“, or any other form of solicitation;
- provide any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, patent, or right of publicity, or which otherwise constitutes or promotes counterfeit materials or goods;
- use the Website in a manner that (i) is likely to interrupt, suspend, slow down or hinder the continuity of the Website, (ii) constitutes an intrusion or attempt to break into the Website or our IT infrastructure, (iii) will divert of the Website’s system resources, (iv) may place a disproportionate load on the infrastructure of the Website, or (v) constitutes an attack on security and authentication measures of the Website or our IT infrastructure;
- intrude into a third party’s computer system, engage in any activity that may damage, control, interfere with or intercept all or part of a third party’s computer system and violate its integrity or security, or otherwise transmit any materials or content that is harmful for third party information systems (including but not limited to viruses, worms, Trojans);
- distribute any part of the Website, including but not limited to any content, in any medium without prior written authorisation of us or the respective owner;
- otherwise use the Website for purposes other than those for which it is designed.
The Users shall fully indemnify and hold us harmless from and against any claims, damages, liabilities, costs, losses and expenses arising out of (i) User’s negligent breach of these Terms, (ii) User’s negligent violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right and/or (iii) any of its content causing negligently damage to us or a third party.
The Website is provided „as is“. While the Content of the Website is assembled with the utmost care by the Companies, we as mere host providers do not have any influence on the correctness, accuracy, up-to-date nature, completeness or, more generally, the quality or the reliability of Content and do not adopt it as our own. Accordingly, ESG.Guide does not give any warranties of any kind, either express or implied for Companies’ Content and its accuracy or completeness. The use of the Content is at the risk of the Reader. As the Website solely provides for communication facilities and any decision to enter into a business engagement is directly communicated and concluded between the Users, ESG.Guide is not liable for any wrongful information provided by either party. Users shall verify all information prior to entering into any financial obligations with another User or third party.
ESG.Guide provides the Website with due care. However, it is not possible to entirely avoid errors, infringements by third parties or mistakes in the content originating from ESG.Guide. Nevertheless, we will take diligent efforts to eliminate any noticed or notified errors within reasonable time.
We can furthermore not guarantee that the Website is available uninterruptedly. Temporary connection interruptions may occur. ESG.Guide reserves the right to do maintenance works at any time without prior notice.
If a User finds inadmissible content on the Website, the User may report it to [email protected]. We will review reported content and make diligent efforts to eliminate infringing content and to take legal action, as appropriate.
ESG.Guide shall not be responsible for any losses, penalties, surcharges, damages, interest or other liabilities arising from the use of the Website and its Content. Users will not make any claim (direct or indirect) against ESG.Guide in respect to the above. The limitation of liability does not apply to damages caused by ESG.Guide by gross negligence or intent, injury of life, personal harm or injury of health and claims under the product liability act.
Users have to prove the existence of intent or gross negligence and assert claims for damages within one year from the date of damage inflicting.
Furthermore, ESG.Guide shall not be liable for any direct or indirect loss or damage which may be caused in relation to:
- any error or negligence by the User, the internet service provider or a third party, in particular when using the Website;
- interruption, stoppage or malfunction of the use in particular in the event of maintenance or repair of the computer service, technical breakdown of the computer system or overload of the internet network or disconnection of a telephone line or other data lines (WiFi, etc.);
- a virus originating on the internet which neither the user’s anti-virus system nor the reasonable measures taken by ESG.Guide or it’s web hosting partner could have detected;
- unlawful access by a third party to ESG.Guide or the user’s computer system as a result of error or negligence by the User;
- any event not directly attributable to ESG.Guide, and beyond its reasonable control.
In the event of force majeure or in the occurrence of an event falling outside the control of ESG.Guide, the latter may interrupt or be obliged to interrupt all or part of the Website, without prior notice. ESG.Guide cannot in any circumstances be held responsible for such interruptions and/or delays in re-establishing the service unless gross negligence on its part has been proven.
ESG.Guide shall not be held liable in the event of problems attributable to the defective operation or poor configuration or general use of the User’s computer equipment or where the computer equipment used by the User is not sufficiently powerful or suitable. The same shall be true for any loss or damage that connection to the service and/or the use of any software thereon may cause to the User’s computer equipment (hardware, software …) or to stored data.
C.6. Copyright and Intellectual Property
Companies retain all ownership rights in any Content they provide us through the Website. Companies herby grant ESG.Guide the non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, irrevocable right to use, host, store, reproduce, publish and distribute all of the Content that is provided by Companies, including but not limited to all images and texts. The rights are granted for the limited purpose of operating, promoting and improving the Website and we will only use your Content to the extent necessary to provide our services. This license ends when the Company deletes its Content or Account.
The elements of the Website such as text, pictures, illustrations, as well as design and structure of the Website and structure and contents of the database are subject to copyright protection and may not be copied, sent, made available, presented, performed, modified, translated, utilized or disseminated without a formal license agreement or prior written consent from ESG.Guide.
The Companies are responsible for keeping their company information, including logo(s) and contact details up to date.
C.7. Applicable Law
Any legal dispute arising from the use of the Website shall be governed exclusively by Austrian substantive law, without giving effect to any principles of conflicts of law.
All disputes directly or indirectly relating to or in connection with the use of the Website, including the question of applicability of these Terms, shall be governed exclusively by the Austrian court having jurisdiction ratione loci and ratione materiae for 1010 Vienna, Austria.
These Terms can be amended without prior notice. Amended terms and conditions will be published on the Website.
Tel: +43 1 3483003
E-mail: [email protected]