Terms & Conditions
General Terms & Conditions for the Use of Erste Holding's Developer Portal
DEFINITIONS
1.1. "Erste Holding" shall mean Erste Group Bank AG, **Am Belvedere 1, 1100 Vienna, Austria.
1.2. "Erste Group" shall mean Erste Holding and all entities in which Erste Holding has and/or will have an interest, irrespective of whether or not this is a direct or indirect, majority or minority, interest; as well as all entities that are included in Erste Holding's consolidated financial statements (including all members of the "Haftungsverbund" – a cross-guarantee system of Austrian savings banks ( "Sparkassen" )). The term Erste Group also includes entities that are directly or indirectly controlled by other members of Erste Group. Furthermore, the term Erste Group also includes (i) DIE ERSTE österreichische Spar-Casse Privatstiftung; and (ii) Criteria CaixaCorp, S.A.
1.3. "Portal" shall mean the Developer Portal developers.erstegroup.com made available and operated by Erste Holding for and on behalf of Erste Group's respective members. If not expressly stated otherwise, the term "Portal" shall also include the Content.
1.4. "Content" shall mean all past, present and future data, materials, information, tools, (source and/or object) code, API data, technology, know-how, discoveries, ideas, concepts, techniques, designs, specifications, drawings, blueprints, tracings, diagrams, models, samples, flow charts, data, computer programs, marketing plans and strategies and other technical, financial or commercial information and intellectual property, which is accessible via the Portal and made available by any member of Erste Group.
1.5. "Your Content" shall mean all past, present and future data, materials, information, tools, (source and/or object) code, technology, know-how, discoveries, ideas, concepts, techniques, designs, specifications, drawings, blueprints, tracings, diagrams, models, samples, flow charts, data, computer programs, marketing plans and strategies and other technical, financial or commercial information and intellectual property, uploaded by you to the Portal.
1.6. "Your Data" shall mean (i) Your Content, (ii) your private and business information (name, contact details, company details), and (iii) the answers provided by you to the questionnaire(s) in the Portal.
1.7. "GT&C" shall mean these General Terms & Conditions.
1.8. "Entrepreneur" shall have the meaning set out in the Austrian Consumer Protection Act (KSchG).
SCOPE
2.1. These GT&C shall be applicable for the registration, access to and use of the Portal and its functions in any form whatsoever.
2.2. Erste Holding may from time to time modify these GT&C, or change or discontinue the Portal as a whole, or any aspect of it. Erste Holding will notify you in advance of changes by postings on the site developers.erstegroup.com or by sending you an email using the email address provided to Erste Holding. You are responsible for checking the site developers.erstegroup.com regularly for changes. Changes will be effective as of the date such changes are posted or, if notified by Erste Holding via email, as stated in the respective email. By continuing to use the Portal, you agree to comply with the most current version of these GT&C.
TERMS OF USE, NO WARRANTIES AND LIMITED LIABILITY
3.1. The Portal is made available by Erste Holding at its own discretion and for the purpose of developing and testing possible applications for Erste Group members.
3.2. If any member of Erste Group is interested in your activities on the Portal, you will be contacted by them. However, this shall not be construed as an offer to enter into any business relationship with you.
3.3. The access to and the use of the Portal are subject to your registration and shall be restricted to Entrepreneurs only. Erste Holding reserves the right to reject or withdraw your registration to the Portal at any time without providing any reason.
3.4. All rights granted to you by the members of Erste Group, either under these GT&C or otherwise during your use of the Portal, shall be revocable, non-exclusive, non-transferable and not to be sublicensed.
3.5. The Portal is provided "as is". It may be altered at any time at Erste Holding's own discretion. To the extent permitted by law, the members of Erste Group make no warranties of any kind, disclaim all express, implied and statutory warranties and assume no liability to you for any damage of any type in connection with the Portal.
3.6. The Content shall only be used in compliance with these GT&C. Without the respective Erste Group member's prior express and written consent, the Content shall in particular not be reverse engineered and/or reverse compiled and/or decompiled, disassembled and/or reverse assembled, reconstructed, disclosed, assigned to any third party or otherwise tampered with in any way.
INTELLECTUAL PROPERTY
4.1. Unless expressly stated otherwise, Erste Group IT International GmbH owns all rights (including, but not limited to, intellectual property) to the Portal.
4.2. For the period of your registration, the members of Erste Group grant you a license to use the Content subject to these GT&C, especially paragraph 3.1. and 3.4.
4.3. Notwithstanding paragraph 6.1., you grant the members of Erste Group a limited and non-exclusive right to use Your Content to the extent necessary and for the sole purpose of operating the Portal. You warrant that you hold all necessary rights to Your Content and that the use of Your Content does not violate or infringe any rights of any third parties. You shall indemnify and hold harmless the respective member of Erste Group from any costs or damages suffered by any member of Erste Group as a result of a third party bringing or threatening any claim or action against any member of Erste Group on the grounds that Your Content infringes any rights of any third party.
CONFIDENTIALITY
During the access to and/or the use of the Portal, you shall keep confidential all, and shall refrain from exploiting any, of the Content that has been entrusted or made available to you or that you have otherwise gained knowledge of as part of your access to and/or use of the Portal, unless such information is generally available to the public, is part of the public domain, or is designated for publication under these GT&C.
DATA PROCESSING
6.1. Erste Holding will process Your Data - for the performance of the Portal (especially paragraph 3.2.). - for the purpose of Erste Group members' legitimate interests in the prevention of money laundering, the prevention of terrorist financing and the prevention of fraud.
6.2. For the purposes mentioned in paragraph 6.1., Erste Holding may share Your Data with other members of Erste Group.
6.3. The following privacy policy applies https://developers.erstegroup.com/data-protection.
SEVERABILITY
Should one or several of the provisions of these GT&C be found to be or become invalid or ineffective, the validity of the other provisions shall remain unaffected. The ineffective provision shall be replaced with another provision that most closely reflects the intention of the ineffective provision.
TERMINATION
Erste Holding may terminate access to the Portal at any time without prior notice. Upon termination, any rights which were granted to you by any member of Erste Group under these GT&C will automatically cease.
APPLICABLE LAW, PLACE OF PERFORMANCE, PLACE OF JURISDICTION
The access to and the use of the Portal shall be subject to Austrian law, excluding its conflict of law rules and the United Nations Convention on Contracts for the International Sale of Goods. Place of performance shall be Vienna, Austria. The place of jurisdiction shall be the court having subject-matter jurisdiction in the first municipal district of Vienna, Austria.
Version 2, July 2018