This document provides the terms and conditions for use of the ANREV Vehicles Data Input Tool, hereinafter referred to as "VDIT", available via the URL: data.anrev.org, hereinafter to be referred to as the "Login Portal". This document will be referred to as the "User Terms and Conditions".
1. About ANREV
ANREV is the Asian Association for Investors in Non-Listed Real Estate Vehicles. We are the leading platform for sharing knowledge on the Asian non-listed real estate investment industry and aim to make this asset class more accessible and attractive to investors. ANREV is incorporated in Hong Kong with registration number 1068775and has its office at 602, 6/F Dina House, Ruttonjee Centre, 11 Duddell Street, Central, Hong Kong.
2. Qualifications for access to VDIT
2.1 To qualify for access to VDIT, your organisation must be active in the institutional non-listed real estate market. Access will only be granted to employees of such organisations for the sole purpose of providing or updating data on their vehicle(s).
3. Access to VDIT
3.1 Any employee of an organization that qualifies for access to the VDIT can apply for an account via the Login Portal. By applying for an account applicants accept and acknowledge that they are bound by these User terms and Conditions.
3.2 Before accepting an application, ANREV reserves the right to verify the identity of the applicant and his/her employer, using the mandatory information provided by the applicant during the application process.
3.3 Once an application is accepted, the applicant is granted an account, providing individual access to VDIT via the Login Portal. An applicant that is granted an account is, from that moment on, referred to as "User". ANREV reserves the right to deactivate User accounts at any time in the event of a breach of these User Terms and Conditions, a security breach or any other threat to the safety and security of VDIT and any and all data it contains.
3.4 Usernames and passwords may only be used by Users themselves. Usernames and passwords may not be provided to third parties, other Users, co-workers that have not – yet – applied for an account, or any other persons or entities whatsoever. Unauthorised use of usernames and passwords is considered a security breach.
3.5 Personal data provided by Applicants and Users will be processed for the purpose of verifying their identity, the qualifications for access to VDIT and, if ANREV decides to grant them an account, for the purpose of creating that account and, after that, granting them access to VDIT. Beyond that, all personal data provided to ANREV by Users, will be processed in accordance with the Privacy Statement of ANREV, which can be found on the ANREV website.
3.6 Each User is individually able to amend the data they have provided in their account at any time. This includes the possibility to correct, supplement and/or delete their personal data. Deleting personal data may result in termination of the account, as some personal data will be required to verify the identity of a User when logging into the VDIT.
3.7 By creating an account and logging into the VDIT, thus using the account, Users accept and acknowledge that they are bound by these User terms and Conditions.
3.8 If a User is also a Representative of an ANREV Member, the Membership Terms and Conditions also apply to any and all use of VDIT and the account. In the event of any conflict or inconsistency between any provisions of these User Terms and Conditions and the Membership Terms and Conditions, the Membership Terms and Conditions shall prevail.
4. Termination and cancellation
4.1 If a User wishes to cancel their account, they can either delete their account or notify ANREV of their desire to cancel their account by email to [firstname.lastname@example.org] ANREV will cancel the account and confirm cancellation with due diligence.
4.2 If a User does not comply with these User Terms and Conditions, ANREV can decide to suspend that Users account. ANREV will inform the User of such a decision with due diligence.
4.3 A User is obliged to immediately inform ANREV of any occurrences or situations that cause or may cause them to no longer meet the requirements of access to VDIT as set out in clause 2.1 above. Any and all access rights of Users are immediately terminated at the moment a User or a User's employer no longer meets the requirements for access to VDIT as set out in clause 2.1 above. If, for any reason, ANREV is either unaware of the fact that a User or a User's employer no longer meets the requirements for access to VDIT as set out in clause 2.1 above, or unable to immediately deactivate an account, this does not entitle such a User to continue using their account.
4.4 Accessing VDIT by a User after the moment a User or a User's employer no longer meets the requirements for access to VDIT as set out in clause 2.1 above, violates several rights of ANREV, including but not limited to proprietary rights on the content of VDIT. Such unauthorised access results in immediate liability for the User.
5. Intellectual property rights
5.1 Users are not permitted to use ANREV's trademarks, trade names, service marks, copyrights or logos in any form of external communication, without prior written approval from ANREV.
5.2 All trademarks, trade names, service marks, copyrights, logos, publications, data, documents, graphs, pictures, video's, guidelines, annual or quarterly indices, universes ,tools, reports, surveys and any and all other information published, created, generated or made available by ANREV in any other way or form to Users, through the VDIT or by any other means will hereinafter be referred to collectively as ANREV's Intellectual Property Rights. As a User, you acknowledge that all (claims to) current and future Intellectual Property Rights are the exclusive property of ANREV and/or ANREV's licensors.
5.3 As a User you acknowledge and agree, that all information you provide to ANREV through the VDIT, may be used to create indices (ANREV Indices) that give a view on the state of the non-listed real estate vehicles market over a particular period of time to assess and create market universes, to create and develop new products and services and for research purposes in general.
5.4 As a User you acknowledge and agree that, in consideration for ANREV to periodically provide a variety of ANREV Indices, Universes and other products and services, ANREV has the right to use and research, on a royalty free perpetual basis, any and all data provided by you as a User.
5.5 Users or their Employers will promptly and at their own expense comply with any security related rules and guidelines that ANREV reasonably requires from time to time in relation to the manner in which ANREV provides Users access to the VDIT. Failure to comply with such rules and guidelines is considered a threat to the safety and security of the VDIT.
6.1 The VDIT and all related services are provided on an "as is" basis by ANREV, without warranties or obligations (ongoing or otherwise) of any kind to Users, their Employers or any third party including, but not limited to, any warranty or any obligation (ongoing or otherwise) as to the VDIT (i) being accessible without interruptions and delay,(ii) being up to date and free from errors, omissions or computer viruses or other malicious code and (iii) not infringing any third party rights. ANREV is not responsible or liable to Users, their Employers or any third party for any (i) inability to access the VDIT without interruption or delay, (ii) errors, omissions or computer viruses or other malicious code in VDIT, (iii) VDIT not being up to date or (iv) infringement of any third party right.
6.2 As a User, you accept and acknowledge that each ANREV Indicies and Universes are created with the information provided to ANREV by non-listed real estate vehicles, in order to give a view on the performance of the non-listed real estate vehicles market over a particular period of time. ANREV Indices and Universes provides (are only intended to provide) general information on any particular market featured. ANREV Indices and Universes do not represent or contain investment information on, or constitute advice in respect of specific vehicles or investments, nor should they be used as a basis for investment decisions. These are matters on which specific professional advice should be taken. To any person provided with information from an ANREV Index, please be aware that the information yielded in the vehicle performance section reflects the selection criteria selected by the provider and may not be representative of the vehicle's performance on any other basis.
6.3 ANREV receives the information used to create the ANREV Indices and Universes in good faith from VDIT's Users. As each User, or their Employer, may have compiled the information under a different accounting standard, the Indices do not provide information in accordance with a particular accounting standard. ANREV is not in a position to confirm the accuracy or completeness or whether the ANREV Indices and Universes are representative of any particular market in any particular period of time. ANREV has not verified the information it has received, nor does ANREV accept any responsibility to do so. We also do not accept responsibility for any loss which may arise from any use of or reliance on the ANREV Indices and Universes or their contents by Users, their Employers or any third parties.
7.1 This clause 7 sets out ANREV's entire financial liability (including any liability for the acts or omissions of ANREV's employees, agents, contributors, consultants and sub-contractors) to Users in respect of:
- Any breach of these User Terms and Conditions;
- Any use a User or made of the VDIT or any part of the VDIT; and
- Any representation, statement or tortious act or omission (whether negligent or otherwise) arising under or in connection with these User Terms and Conditions and/or any use made by a User of the VDIT.
7.2 Nothing in these User Terms and Conditions excludes our liability:
- For death or personal injury caused by our negligence;
- For fraud or fraudulent misrepresentation;
- For gross negligence;
- For any other liability which cannot be excluded by applicable law.
7.3 ANREV's total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising out of or in connection with these User Terms and Conditions and any possible performance that directly relates to an obligation contained in these User Terms and Conditions shall be limited to: max amount to be paid out by insurance
7.4 This clause 7 shall survive the termination of a User's account.
8.1 If any provision (or part of a provision) of these User Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
8.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
8.3 These User Terms and Conditions are governed by the laws of the Hong Kong SAR.
8.4 The competent courts in Hong Kong SAR shall have jurisdiction to settle any dispute in connection with these User Terms and Conditions.