{"id":806,"date":"2021-10-06T22:14:03","date_gmt":"2021-10-06T22:14:03","guid":{"rendered":"https:\/\/www.i-hub.com\/b2b\/?page_id=806"},"modified":"2021-10-26T23:53:22","modified_gmt":"2021-10-26T21:53:22","slug":"terms-of-use","status":"publish","type":"page","link":"https:\/\/www.i-hub.com\/b2b\/terms-of-use\/","title":{"rendered":"Terms of Use"},"content":{"rendered":"\n<p><strong>1. Scope of these Terms of Use<\/strong><br><\/p>\n\n\n\n<p>1.1 i-Hub S.A. (&#8220;i-Hub&#8221;) with registered office at 208, rue de Noertzange, L &#8211; 3670 Kayl, Grand Duchy of<br>Luxembourg, registered in the Luxembourg Trade and Company Register under number B 208.799,<br>authorised as a support professional of the financial sector within the meaning of Articles 29-2 and 29-4 of<br>the Law of 5 April 1993 on the financial sector, as amended, under number I00000125, has developed a<br>solution that consists of a database of information and related documents (\u201cDocumentation\u201d) collected in<br>the context of compliance with legal and regulatory obligations (&#8220;i-Hub Solution&#8221;). i-Hub Solution is<br>subscribed by professionals that are subject to such legal and regulatory obligations (\u201cClient\u201d).<br><\/p>\n\n\n\n<p>1.2 i-Hub Solution enables the Clients the electronic storage of Documentation as well as regular checks of the<br>accuracy and validity of such Documentation.<br><\/p>\n\n\n\n<p>1.3 Any legal or natural person which\/who is taking steps to or entered into an agreement with at least one<br>Client and about whom Documentation is collected and further processed via the i-Hub Solution on Client\u2019s<br>instructions are end-clients (&#8220;End-Clients&#8221;). Any legal or natural person which\/who is linked (e.g. appears<br>in a relevant KYC chain due to its role and\/or capital links) to an End-Client is a related Party (&#8220;Related<br>Party&#8221;).<br><\/p>\n\n\n\n<p>1.4 The representatives, officials, persons of contact and\/or staff of the Client using i-Hub Solution in the name<br>and on behalf of the Client (hereinafter \u201cUser\u201d) can access and manage the Documentation that is kept<br>about End-Clients and Related Parties by the Client as well as upload several documents via the i-Hub<br>Solution by entering the unique i-Hub logon credentials on https:\/\/client.i-hub.com (&#8220;Website\u201d or<br>\u201cServices&#8221;). The Services are governed by these Terms of Use (&#8220;ToU&#8221;).<br><\/p>\n\n\n\n<p>1.5 User and i-Hub are each individually referred to as a &#8220;Party&#8221; and collectively as the &#8220;Parties&#8221;. Please read<br>the ToU carefully before using the Services. By using the Services, you, the User, expressly<br>confirm to have read and understood the ToU and accept to be fully bound by the ToU, without<br>any reservation. If you disagree with any part of the ToU then you must refrain from using the<br>Services.<br><\/p>\n\n\n\n<p>1.6 The present ToU shall be read together with and are without prejudice to the terms defined between i-Hub<br>and the Client in the agreement governing their contractual relationships.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>2. User&#8217;s rights &#8211; Use of the Services<\/strong><\/p>\n\n\n\n<p><\/p>\n\n\n\n<p>2.1 User may access, consult and upload Documentation related to an End-Client or a Related Party.<br>2.2 User shall exclusively access, consult and further use the Documentation for the purpose of AML\/KYC<br>verification and in accordance with applicable laws and regulations.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>3. User&#8217;s obligations &#8211; Acceptable Use and Governance<\/strong><br><\/p>\n\n\n\n<p>3.1 Users should log on to the i-Hub Solution with their Luxtrust credentials. Users are required to keep their<br>Luxtrust credentials secret and to keep them in a safe place.<br><\/p>\n\n\n\n<p>3.2 User warrants that it will use the Services with due care. User remains fully responsible for its fraudulent<br>and\/or unfair use or that of a third party if User tolerates or facilitates such use.<br><\/p>\n\n\n\n<p>3.3 In the event of any security incident, meaning any act or attempted act of piracy, hacking and\/or physical<br>or other attacks, or any other circumstance with a possible negative impact on the security of the i-Hub Solution<br>(&#8220;Security Incident&#8221;), User must inform i-Hub as soon as possible. The Client is responsible for Security<br>Incidents (including any costs arising as a result of using the Services) attributable to him\/her or that occur<br>via User&#8217;s credentials, except where this Security Incident directly and exclusively results from i-Hub\u2019s act or<br>omission. i-Hub may take any necessary measures to avoid or limit a Security Incident or the risk of a<br>Security Incident or to limit a possible known Security Incident and, depending on the type of Security<br>Incident and the risk for the User, will inform User in due time, especially if this is required by law.<br><\/p>\n\n\n\n<p>3.4 Unless expressly agreed otherwise, User will use the Services in a personal capacity in the context of his\/her<br>i-Hub &#8211; Terms of Use last modified on 1<br>st June 2019<br>Page 2 of 2<br>professional activity. User must not transfer, rent, licence or sell all or part of the Services to third parties.<br><\/p>\n\n\n\n<p>3.5 User will inform i-Hub of any element necessary for the proper performance of the Services as soon as User<br>becomes (or reasonably should have become) aware of it, including without limitation any damage to or<br>malfunctioning of the Services and\/or the i-Hub Solution and\/or any Security Incident.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>4. Data Protection<br><\/strong><\/p>\n\n\n\n<p>4.1 User is informed of the processing of his\/her personal data or of the personal data related to the person<br>he\/she represents (in which case the User hereby undertakes to transmit this information to the relevant<br>represented data subject) via the Privacy Notice.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>5. Intellectual Property<br><\/strong><\/p>\n\n\n\n<p>5.1 User expressly recognizes and accepts that any intellectual property rights (including in particular any<br>software and API&#8217;s, trademarks, logos and any confidential information) in relation to the i-Hub Solution and<br>to the Services belong to i-Hub and\/or its licensors.<br><\/p>\n\n\n\n<p>5.2 User has no right to use such intellectual property rights in relation to the i-Hub Solution and the Services<br>for purposes other than their normal use under the terms of these ToU, except where expressly permitted<br>by law.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>6. Modification of the ToU by i-Hub<br><\/strong><\/p>\n\n\n\n<p>6.1 i-Hub may modify at any time at its discretion these ToU, notably to keep track of business, technical and<br>regulatory constraints.<br><\/p>\n\n\n\n<p>6.2 Such modifications will be notified on the Website at least one (1) month before their entry into force. User<br>is therefore expected to regularly check the Website and the ToU to take note of any modifications as they<br>are binding on Users from their mentioned date of entry into force.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>7. Waiver &#8211; Entire Agreement &#8211; Severability &#8211; Subcontracting<br><\/strong><\/p>\n\n\n\n<p>7.1 The fact that i-Hub does not exercise a right or remedy may not under any circumstance be interpreted as<br>a waiver of such right or remedy.<br><\/p>\n\n\n\n<p>7.2 If any provision of the ToU is found to be unenforceable, the remainder of the ToU shall remain in full force<br>and effect as if such provision had never been contained herein.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>8. Survival<br><\/strong><\/p>\n\n\n\n<p>8.1 Any terms that by their nature or otherwise reasonably should survive cancellation or termination of these<br>ToU shall also be deemed to survive, such as, but not limited to, 4 (Data Protection), 5 (Intellectual<br>Property), 8 (Survival) and 9 (Governing law &#8211; Jurisdiction).<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>9. Governing Law &#8211; Jurisdiction<br><\/strong><\/p>\n\n\n\n<p>9.1 These ToU and the use of the Services are governed by Luxembourg law, with the exclusion of its conflict-of-laws rules.<br><\/p>\n\n\n\n<p>9.2 The Parties undertake to seek an amicable settlement to any claim or dispute that may arise between them<br>in connection with the ToU and the use of the Services before introducing any judicial proceedings. In this<br>respect, any claim by Client must be submitted in writing to the person responsible for complaint handling<br>at the level of the management of i-Hub. Where Client did not receive a satisfactory answer within one (1)<br>month, Client may file a request for mediation with the Luxembourg Financial Sector Regulator (&#8220;Commission<br>de Surveillance du Secteur Financier&#8221; or &#8220;CSSF&#8221;) within one (1) year after the filing of the complaint with iHub.This can be done via a form that can be downloaded or completed on the CSSF&#8217;s website via <a rel=\"noreferrer noopener\" href=\"https:\/\/reclamations.apps.cssf.lu\/index.html?language=en\" data-type=\"URL\" data-id=\"https:\/\/reclamations.apps.cssf.lu\/index.html?language=en\" target=\"_blank\">this link<\/a>.<\/p>\n\n\n\n<p>9.3 If the claim or dispute cannot be amicably settled within ninety (90) days after the request for mediation<br>with the CSSF or any other alternative dispute settlement mechanism (which period may be extended in<br>case the mediation procedure before the CSSF is still pending), either Party may submit it to the exclusive<br>jurisdiction of the courts of the district of Luxembourg city.<\/p>\n\n\n\n<p><\/p>\n\n\n\n<p><strong>10. Contact<br><\/strong><\/p>\n\n\n\n<p>10.1 For any questions or complaints, User shall contact i-Hub at respectively <a href=\"mailto:contact@i-hub.com\">contact@i-hub.com<\/a> or <a href=\"mailto:complaints@i-hub.com\">complaints@i-hub.com<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>1. Scope of these Terms of Use 1.1 i-Hub S.A. (&#8220;i-Hub&#8221;) with registered office at 208, rue de Noertzange, L &#8211; 3670 Kayl, Grand Duchy ofLuxembourg, registered in the Luxembourg Trade and Company Register under number B 208.799,authorised as a support professional of the financial sector within the meaning of Articles 29-2 and 29-4 ofthe [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"templates\/legal.php","meta":{"footnotes":""},"lang":"en","translations":{"en":806},"pll_sync_post":[],"_links":{"self":[{"href":"https:\/\/www.i-hub.com\/b2b\/wp-json\/wp\/v2\/pages\/806"}],"collection":[{"href":"https:\/\/www.i-hub.com\/b2b\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.i-hub.com\/b2b\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.i-hub.com\/b2b\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.i-hub.com\/b2b\/wp-json\/wp\/v2\/comments?post=806"}],"version-history":[{"count":10,"href":"https:\/\/www.i-hub.com\/b2b\/wp-json\/wp\/v2\/pages\/806\/revisions"}],"predecessor-version":[{"id":909,"href":"https:\/\/www.i-hub.com\/b2b\/wp-json\/wp\/v2\/pages\/806\/revisions\/909"}],"wp:attachment":[{"href":"https:\/\/www.i-hub.com\/b2b\/wp-json\/wp\/v2\/media?parent=806"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}