I. Introduction
The following standard terms and conditions (the “Terms and Conditions”) govern all use of the European DataWarehouse ABS data repository website (the “Site”) and the services offered on or through the Site (collectively, the “Services”). The Site and the Services are operated by European DataWarehouse GmbH (“EDW”). By using the Site, all users do hereby represent, warrant, understand, agree to, and accept the Disclaimer and the Terms and Conditions and all other operating rules, guidelines and processes published by EDW on the Site and the EDW Website (EDW), which apply in addition to these Terms and Conditions (collectively, “EDW Terms of Use”). If you do not agree with EDW Terms of Use, the Disclaimer or these Terms and Conditions, please do not use the Site.
II. Changes to the Terms and Conditions
EDW as operator of the Site reserves the right to revise, change or remove – in whole or in part – the Terms and Conditions at any time with effect for the future. It is your responsibility to inform yourself about them and to regularly check for changes. Your continued use of the Services and the Site after the publication of changes to the Terms and Conditions constitutes your acceptance of these changes. Should you not agree with the same, you must stop using the Site and cancel your account immediately.
III. Service Description
EDW is a designated securitisation repository by the European Securities and Markets Authority in accordance with Article 10 of Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent, and standardised securitisation (the “Securitisation Regulation”).
The purpose of EDW is to facilitate the collection, validation, and download of standardised loan-level data (“LLD”), relevant documentation and other data (the “Data”) relating to transactions in Asset-Backed Securities (“ABS”) or other financial instruments (the “Transactions”) and to perform a variety of data quality checks to ensure the uploaded information is of the highest quality. EDW provides fast access to data in both aggregated and raw formats, allowing for a high degree of ABS portfolio transparency.
For purposes of these Terms and Conditions, “Content” means, without limitation, all information, data and/or documents provided to EDW to be uploaded and published in the Site or otherwise made available on or through the Services, pursuant to the Securitisation Regulation as applicable in the EU-27.
EDW may amend the Services on reasonable notice, including in response to changes in law or regulations, for maintenance purposes or for general development of the Services.
The Services provide you with the ability to access to the Content of the Site.
IV. Registration Requirements
In order to use the Services as a registered member (“Registered Member”), you must:
a) complete the Site registration process as indicated in the EDW Website (Register with ED)
b) be validated by EDW as eligible user;
c) only access the Services using the Email Address registered with EDW and the password provided as Registered Member;
d) comply with any additional terms agreed with EDW, if applicable.
By using the Site, all users do represent, warrant, understand, agree to, and accept the Disclaimer, the Terms and Conditions and all EDW Terms of Use, as applicable.
V. Unauthorised Access
Your account and password as Registered Member are solely for your individual use to access the Site and the Content and you may not permit anyone else to use them or your account. You are responsible for all use of the Site and Services and Content accessed through your account (including any illicit use of your account or password) and for preventing such unauthorized use.
If you believe there has been unauthorized access or use of the Site, the Services or any Content through your account credentials, you must notify EDW immediately by emailing enquiries@eurodw.eu and or calling +49 (0) 69 50986 9017.
VI.Trademarks and Copyrights
All trademarks and copyrights appearing on the Site are property of EDW, unless they are identified as third-party rights or are identifiable as such in any other way. It is expressly prohibited to use the Site, Services, or any Content in a manner that infringes or violates the intellectual property or proprietary rights of EDW or any third party, including, without limitation, the rights of privacy and publicity.
VII. Limitation of Liability
The Content in the Site is for information purposes only and, unless otherwise agreed contractually with EDW in writing, it is not intended for distribution. The Content in the Site is not intended for any unlawful purpose. It is owned and provided by third parties and EDW has not independently verified the information contained therein. Your use of, and any reliance you place on any Content on this Site is entirely and strictly at your own risk, for which EDW shall not be liable.
The Services (including, but not limited to, the Content) are provided “as is” and “as available” without any express or implied warranties of any kind. Accordingly, EDW does not provide any warranty or representation of any kind, expressly or implied, as to the accuracy, timeliness, performance, completeness, reliability, availability or suitability of the Content found or offered on the Site and the results that may be obtained by using the Site, the Services and/or the Content.
You acknowledge that such information and materials may contain inaccuracies or errors and EDW expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
In no event will EDW be liable for any loss or damage including without limitation, direct, indirect, or consequential, or any loss or damage of any type whatsoever arising from loss of data or profits or damages to third parties, arising out of, or in connection with, the use of the Site, the Content and/or the Services, except in cases involving wilful misconduct or gross negligence of EDW.
VIII. Unauthorised Use
You hereby undertake to use the Service in accordance with the Terms and Conditions and EDW’s Terms of Use. The Unauthorised and/or unlawful use of the Site may give rise to a claim for damages and/or be a criminal offence.
Users and/or Registered Members of the Site may not—through hacking, password mining, or any other means—violate the security of the Site or of the documentation published therein, or attempt to gain unauthorised access to the Site, its content or EDW computer systems. Registered Members may not share their password or other login credentials to any third party that has not been duly validated and registered as a Registered Member of EDW.
You are responsible for ensuring that accessing to the Site is compatible with the local laws applicable in your location from where you are accessing the Site.
IX. Termination of Services
Unless otherwise agreed contractually with EDW in writing, any Registered Member may terminate their account at any time through written notification to enquiries@eurodw.eu.
EDW may immediately terminate the account of any Registered Member, without being liable to pay damages to them and without prejudice to the right of EDW to claim (additional) damages from them if:
The Registered Member has infringed any provision of the Terms and Conditions and/or the Terms of Use.
The Registered Member in any way acts or neglects to act such as to cause damage to the name, trademarks or intellectual property rights of EDW or any other Registered Member.
EDW is no longer able to contact the Registered Member.
X. Applicable Law and Jurisdiction
In relation to any access to the Site from the EU-27 any legal claims or lawsuits (of whatever kind) arising in connection with the Site, the Services or use thereof are subject to German law. The competent court in Frankfurt am Main shall have exclusive jurisdiction with regard to any contractual and/or non-contractual disputes arising from and/or in connection with these Terms and Conditions.
In relation to any access to the Site from other jurisdictions other than EU-27, any legal claims or lawsuits (of whatever kind) arising in connection with the Site, the Services or use thereof are subject to the laws of England & Wales. The Courts of England & Wales shall have exclusive jurisdiction with regard to any contractual and/or non-contractual disputes arising from and/or in connection with these Terms and Conditions.