Terms and conditions for services and contents of DealMatrix GmbH
DealMatrix operates inter alia the following websites referred to alone or together as “Website”:
Terms and Conditions
These Terms and Conditions of Service (“Terms and Conditions”) of DealMatrix GmbH (referred to as „DealMatrix“ or „we“) govern the access to and use of the services and any information, text, graphics provided via the Website between DealMatrix and our customers (referred to as „Customer(s)“).
Later Amendments of these General Terms and Conditions of Business
DealMatrix is entitled to adjust and complement these Terms and Conditions governing existing business relations to the extent that this is required due to changes in legislation or due to court rulings, or if other circumstances arise as would cause a more than insignificant imbalance in contractual relations. Such later amendments of these Terms and Conditions will take effect if the Customer does not object thereto within six (6) weeks from notification of the change. DealMatrix will expressly indicate to the Customer at the beginning of such period for objection that tacit consent results in the acceptance of the contractual change and will give the Customer an opportunity for an express declaration of intent during such period. If the Customer objects within the deadline, both DealMatrix and the Customer shall be entitled to immediate termination of the contractual relationship.
Description of Services
During the term of the contract, DealMatrix will offer the Customer a technical solution enabling Customer to access the Website and to use the Websites functionalities under these Terms and Conditions and as described on the Website (the “Service“).
DealMatrix shall be entitled to change or update the Service (including the infrastructure, security features, technical configurations, applications etc.) during the term of the contract, i.e. to keep abreast of technologies, industrial practices and user behaviour. Such changes will not lead to a significant restriction of capability or availability of the Services provided.
Dealmatrix shall be entitled to outsource the Services or part thereof (e.g. platform hosting) to third parties/subcontractors.
Your access to and use of the Services are conditioned on your sign up and acceptance of and compliance with these Terms and Conditions. By accessing or using the Services you agree to be bound by these Terms and Conditions. If you are accepting these Terms and Conditions and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
Term of the Contract
If the Customer does not select a minimum contract term when entering into the contract, the contract shall be for an unlimited term but may be terminated at any time by either party as per the end of a month subject to a period of notice of three (3) months. If the Customer is not using any chargeable Services, Dealmatrix shall be entitled to discontinue providing the Service or to terminate the contract with the Customer at any time without notice.
The Customer shall at all times be entitled to delete its account on the Website. If no chargeable Services were used, deletion shall be considered equivalent to termination of the contract.
Until further notice the Services and contents of DealMatrix are provided as determined in the pricing page of the Website or direct contracts between DealMatrix and its Customer. Any and all prices stated are net prices subject to statutory value-added tax at the applicable rate. Should the usage of the Services become subject to charges in the future, the users will be notified of these changes in advance. The users will have to give their explicit consent to be charged.
In the event that the Customer is in delay with payments, DealMatrix shall be entitled to suspend Customer’s access and all its accounts on the Website until all outstanding payments have been made. The Customer shall not be entitled to any setoff unless related claims were confirmed by court and are final and unappeasable, or if related claims were recognised by DealMatrix in writing.
You may use the Services only in compliance with these Terms and Conditions and all applicable local, state, national, and international laws, rules and regulations. By entering data, while using our Services, you confirm that facts you enter are, to your knowledge, correct and complete. Your login data, including your password, may not be shared with other Customers and has to be stored securely. The unauthorized distribution, be it free of charge or paid, of our content by you is prohibited.
The Customer will be given the non-exclusive right to access the Website and its Services via telecommunications for Customer’s own internal business use. Such use shall be in a proper manner and in conformity with the contract between DealMatrix and the Customer, and such right shall be granted for the term of the contract. The Customer shall not be entitled to grant sub-licenses to such right of use, and Customer shall use the functionalities offered on the Website via a browser in accordance with the contract. Customer will not be granted any further rights, including rights to the software applications linked with the Website or to the operating software.
The Customer shall not be entitled to use the Website and its Services beyond the scope of contractual use. Customer is in particular not be allowed to reproduce, sell or loan the Website and its Services for a defined term; this shall include a prohibition to let or lease out their platform.
If the use of the Website and its Services in conformity with the contract is impaired by third-party property rights without any fault of DealMatrix, DealMatrix shall be entitled to refuse the provision of the Services concerned. Dealmatrix will inform the Customer thereof without delay and facilitate access to Customer’s data in an appropriate manner. In such case, Customer will not be obliged to continue making payments. Other entitlements or rights of Customer shall remain unaffected.
We are committed to deliver our Services and contents to you with the highest professional standard and constant availability. We can however not guarantee the uninterrupted availability of our Services and cannot rule out the failure to store or to transmit, any content and other communications maintained by the Services. In addition, we may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
Limitation of Liability
We provide our Services and contents based on a mathematical and statistical scoring model. The Service and contents may contain the average company valuations, as asked for by the company founders. The Services do contain tools or content to determine the valuation of a specific company, the basis for evaluating equity capital, the opinion of other market players about valuations or investment opportunities (i.e. company shares) as may be provided by auditors.
This Website does not endorse or broker deals between investors and companies. Under no circumstances is the Service to be seen an offer, or solicitation of an offer, to sell or to buy any financial instrument and/or a professional advice in relation to any investment decision.
The Services and contents, especially the average company valuations as asked for by the individual companies, cannot produce a conclusion about the i) current or future correct valuation or ability to produce financial returns, or inherent risks of a company or investment opportunity, or ii) fit of a company or investment opportunity with the personal investment strategy of the Customer , especially considering his personal investment goals or his understanding of the risks involved with a specific investment and his ability to deal with losses related to these investments.
We therefore recommend a detail analysis of investment opportunities, especially of the risks involved. This analysis should be part of a due diligence of the company or investment opportunity in question with the support of qualified professionals such as lawyers, auditors, investment consultants and bankers. DealMatrix shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of its Services. Under no circumstances is data from this Service to be understood as a buying recommendation or investment consultation. DealMatrix makes no warranty and disclaim all responsibility and liability for:
- the completeness, accuracy, security or reliability of the Services or any content on the Website;
- any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any content;
- the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Services;
- and whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
No advice or information, whether oral or written, obtained from the Services provided by us, will create any warranty not expressly made herein.
DealMatrix will not be liable in respect of any loss or corruption of any data, database or software. To the maximum extent permitted by applicable law, DealMatrix will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
Data and privacy
Copyright & Trademarks
The trademarks, names, logos and service marks (collectively “Trademarks”) displayed on this Website are registered and unregistered trademarks of DealMatrix. Nothing contained on this Website should be construed as granting any license or right to use any Trademark without the prior written permission of DealMatrix. The written content displayed on this website is owned by its respective author and may not be reproduced in whole, or in part, without the express written permission of the author.
This Agreement shall be governed in all respects by the laws of Republic of AUSTRIA, under the exclusion of the international private law. Each of the parties irrevocably consents to the exclusive personal jurisdiction of the federal and state courts located in VIENNA, as applicable, for any matter arising out of or relating to this Agreement.
Ending these Terms
Acceptance of e-mail notifications
By agreeing to these Terms and Conditions you also explicitly agree to being contacted by us via e-mail about information that directly concern the services and contents provided on this website.