General
These terms and conditions (hereinafter: the "Terms and Conditions") of Cloover Sustainability AB, located at Tegnérgatan 15, 111 40 Stockholm, Sweden (hereinafter: "Cloover") govern the terms and conditions of use and the rights and obligations of the user (hereinafter: the "User") of the websites www.cloover.se, www.cloover.com, www.cloover.co, www.cloover.es, www.cloover.fr, www.cloover.ch, www.cloover.de and all their respective sub-domains (hereinafter: the "Site").
If the User does not wish to be bound by the Terms and Conditions set out below, he/she should not access the Site or any of its pages. The User is invited to consult this page periodically, as updates may have been made since his last visit.
Access to the Site may be restricted to certain persons or countries either by general prohibitions or by specific marketing rules established at Cloover’s discretion. No active marketing or solicitation is made by Cloover. In particular, access to the Site does not constitute any solicitation or advice in the United Kingdom or the United States and none of the Services offered on the Site are intended for any person residing in those states.
User data
By using the Site, the User acknowledges that he/she is aware of and agrees to the processing of his/her personal data by Cloover in accordance with applicable law and the provisions of the Privacy Policy.
Member account
The User who wishes to benefit from the services offered on the Site must create a Member Account. When creating a Member Account, the User confirms that he/she has read - in addition to the General Terms and Conditions - the general terms and conditions of our Payment Service Provider and of any intermediary appointed by the Platform appearing on the Site.
The creation of a Member Account is possible for natural persons of at least 18 years of age and with full civil capacity as well as for duly constituted legal entities (represented by a natural person who creates the account and who undertakes to have the necessary powers of representation). Additional specific conditions and restrictions for the creation of a Member Account may apply, including with regard to the User's domicile.
When creating a Member Account, the User agrees to complete the registration form accurately and truthfully, providing accurate, complete and up-to-date information. In the event of any change in any of the information provided in the registration form, User agrees to immediately notify Cloover. In the absence of such notification, Cloover shall not be liable for any damages that may result. If User provides any information that is untrue, inaccurate, not current, incomplete, or in violation of this section, Cloover shall have the right to suspend or terminate User's account immediately and deny User access to all or part of the Site in the future.
To create a Member Account, User must choose a user ID and password which are strictly confidential and must be kept secret under User's sole responsibility. Cloover shall not be liable for any unauthorized access to the Member Account by a third party. Furthermore, the User agrees to immediately notify Cloover when a third party has improperly accessed his/her Member Account or email address, or when the Member Account or the security of the email address has been compromised in any other way.
Once the Member Account is created, the User must complete the accreditation process in accordance with CLOOVER and its partners' requirements in order to access the services offered through the Site. CLOOVER reserves the right to reject an accreditation without giving any reason. Such rejection will result in the Member's Account being blocked and no longer accessible to the User concerned.
Means of Communication
By accepting the Terms and Conditions, the User agrees that any communication with Cloover may be made by email to the email address linked to the User's Member Account (provided by the User when creating the Member Account or provided subsequently).
The User acknowledges that the use of email entails considerable risks (hacking, viruses, message modification or transmission problems, etc.) and privacy issues. By accepting the Terms and Conditions, the User acknowledges that he/she is aware of all these risks and assumes full responsibility (to the full exclusion of Cloover’s responsibility) for any damage that may be caused by the use of emails.
By creating a Member Account, the User agrees to receive emails necessary for the proper functioning of the Site. The User may also subscribe to the newsletter in order to receive other types of emails, such as articles, news about Cloover, etc.
Liability
In no event shall Cloover, its directors, officers, employees and agents be liable, including in case of negligence, for any damages, losses or liabilities, including without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities in connection with the use of the Site, hacking of the Member Account, User's impersonation of or reliance on or use of or inability to use the information and services of the Site, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if User notifies Cloover of the possibility of such damages, losses or expenses. Furthermore, Cloover shall not be liable for any manipulation of the User's computer system by unauthorized third parties, the security of which is the sole responsibility of the User.
Certain information presented on the Site may contain forecasts or other forward-looking statements concerning future events or the financial performance of sustainable hardware. Such statements are only predictions, opinions or estimates provided for informational purposes and are subject to change and may not prove to be accurate. Cloover, its bodies, employees and agents assume no responsibility for the accuracy, adequacy, completeness or timeliness of such information.
Cloover does not warrant that the Website and the websites of its partners will be available and functional, that access will be uninterrupted, that there will be no delays, failures, errors, omissions or loss of transmitted information, that no viruses or other harmful, contaminating or destructive properties will be transmitted or that no damage will occur to the User's computer system. It is User's responsibility to ensure adequate protection and backup of its data and/or equipment and to take reasonable precautions to scan for computer viruses or other destructive properties. Cloover shall not be liable for any loss of data, alteration, destruction or damage to User's or any third party's hardware or computer system resulting from browsing the Site or using the Services.
Regarding investments made by Users, Cloover shall not be held responsible for the investment decisions of the User. By using the Site and accepting the Terms and Conditions, the User expressly confirms that he/she understands that the investments made through the Site involve significant risks that may lead to the loss of the entire capital invested. It is the User's responsibility to manage his/her assets in accordance with his/her financial situation, objectives and risk aversion. The User is therefore fully aware of and responsible for the investment or disinvestment decisions he/she makes and confirms that he/she understands and accepts the risks inherent to the investments offered on the Site. Cloover shall not be held responsible for the financial and tax consequences of investments made on the Site.
No Advice and Risks
No information presented on the Site constitutes legal or tax advice or advice in any other field. The User remains responsible for all legal obligations related to the investment he/she makes. Cloover does not accept any liability in this respect.
In particular, none of the information and opinions published on the Site constitute an offer, advice or recommendation to make an investment or perform any legal act. In particular, all the content published on the Site does not constitute an invitation to create a mandate relationship between Cloover and the User or the creation of a guarantee as to a return on investment.
Nothing on the Site should be construed as an investment recommendation. The assessment of the User's financial situation is the User's responsibility and not Cloover, and Cloover do not verify the suitability or adequacy of the User's subscription with the User's experience, knowledge, financial situation and investment objectives. The User is invited to take the time to reflect and to read carefully the documentation made available on the Site and to verify all the information he/she deems useful before making any investment decision.
When making an investment on the Site, the User acknowledges that he/she has accurately assessed the risks of the said investment, made the necessary verifications (using external experts if necessary) and has taken cognizance of the risks associated with the services offered on the Site.
The User expressly and irrevocably undertakes not to invest in any hardware presented on the Site, in cases where he/she considers that the information available to him/her is insufficient to assess the inherent risks and in cases where his/her personal, family, financial and/or tax situation does not allow him/her to invest in view of the risks presented by the financial product in which he/she intends to invest.
Security and availability of the Site
The links on the Website may redirect the User to third party websites. In this case, the User assumes full responsibility for the use of the third party websites and Cloover shall not be liable for any damages incurred.
Cloover does not guarantee that the Website will be accessible without interruption and reserves the right to interrupt access to the Website, including for maintenance purposes.
Cloover is not responsible for the alteration, loss or accidental transmission of data or the sending of viruses via content posted on the Site by the User.
Accordingly, Cloover shall not be liable in particular in the following cases
- momentary interruptions lasting from a few minutes to a few days;
- operating difficulties or momentary interruption of the Services beyond the control of cloover;
- momentary interruptions of the Services necessary for upgrades or maintenance
- failure or malfunction of the Internet network in the transmission of messages or documents.
User agrees not to use any device or software of any kind to interfere or attempt to interfere with the proper working of the Site. Furthermore, User agrees not to take any action that imposes a disproportionately large load on Cloover infrastructure.
Intellectual Property
The Site, its content, text and illustrations, photographs and images are the property of CLOOVER and/or third parties contractually bound to Cloover who own the intellectual property rights of the Site. Some of the information available on the Site (including the logo, design, trademark, software and other) is protected by copyright and is the property of Cloover. Under no circumstances may the User acquire rights to any software or materials by downloading or copying them from the Site.
Therefore, the User agrees that he/she will not
- download on his computer or print on paper the content of the Site only for personal use and limited in time
- not to disseminate on social networks and generally to third parties information available on restricted access for Internet users who have a member account.
Cloover reserves the right to take any action it deems appropriate to prevent or terminate any infringement of its copyright or the copyright of third parties, without any liability whatsoever.
Infringement of third party rights
In the event that Cloover is held liable in a court of law for any breach by a User of its obligations under the Terms and Conditions or other contractual documents, the User shall indemnify and hold Cloover harmless from and against any and all claims, actions and costs, including reasonable legal fees, alleging that the User has violated any of the rights of third parties.
Changes to the Terms and Conditions
Cloover reserves the right to modify the Terms and Conditions at any time.
In the event of a change, Cloover shall notify the User by email to the email address associated with the Member Account. However, such notification shall not be binding on the modified Terms and Conditions. It is the User's responsibility to regularly check this page to ensure that the Terms and Conditions have not been modified.
The most recent version published on the Site shall apply between the User and Cloover, regardless of whether the User has been notified of any changes.
Applicable Law, Jurisdiction and Partial Voidability
Use of the Site is subject to Swedish law, which shall exclusively govern the interpretation, application and effect of all of the above terms of use, without regard to the conflict of laws provision.
The courts of Stockholm (Sweden) shall have exclusive jurisdiction over any claims or disputes arising out of or in connection with the use of the Site.
In the event that any of the above clauses should prove invalid, its invalidity shall in no way affect the rest of the Terms and Conditions (partial invalidity).
Updated on July 26, 2023.