GENERESO is consultancy company which owns a cloud-based Software-as-a-Service platform (the ‘Platform’). The Platform facilitates interaction (the ‘Services’) between accredited investors (the ‘Investor’) and natural resource companies (the ‘Listers’). Investors and Listers that agree to the terms below are considered users (the ‘Users’) of the Platform. Users can access the Platform via our website at www.genereso.com (the ‘Website’). Investors and Listers will have access to see all open projects listed by Listers (the ‘Project Listing’).
Agreement to Terms
You agree that by accessing the Website and/or the Platform, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are expressly prohibited from using the Website, accessing the Platform and you must discontinue use immediately.
When we use pronouns like ‘we’, ‘us’ or ‘our’, we are referring to GENERESO. When we refer to the ‘User’, we are talking about you, and we will also use words like ‘you’ and ‘your’.
Due to the further development of our Website, Platform, Services or due to changed legal or regulatory requirements, it may be necessary to change this Term and Conditions. Any changes we make to these Terms and Conditions will be posted on the Website. We will alert you about any changes by updating the ‘Last updated’ date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please check back frequently to see any updates or changes to these Terms and Conditions.
User Representations, Registration and Content
In order to access the Services, the Users are required to register for an account (the ‘Account’) through the Website. As part of the Account registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details) and/or the company you represent. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You agree to keep your password confidential and will be responsible for all use of your Account and password.
By using the Website and Platform, you represent and warrant that i) all information (‘User Content’) you submit is true, accurate, current, and complete; ii) you will maintain the accuracy of such information and promptly update User Content as necessary.
User Content may include text, files, images, photos, video, works of authorship, or other materials that you upload or otherwise provide to our Platform. We do not claim any ownership rights in the User Content. All User Content is considered non-confidential and public. Please do not submit any confidential or private information.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
You agree not to harass, impersonate, stalk, threaten another User of the Platform. Access and use of the Platform is limited, non-transferable and allows for the sole use of the Website by you for the purposes of providing the Services.
Investor Eligibility Criteria, Rights and Obligations
Qualified investors should complete a sign-up and onboarding procedure. This approval process will identify them as a specific type of investor (‘Approved Investor’), providing them with full access to all investment offerings on the Platform.
To comply with Anti-Money Laundering Act as defined in the Swiss Criminal Code, Approved Investors may need to verify their identity and residence, by uploading approved documents during the sign-up process. Approved Investors may upload and submit these documents at any time and are encouraged to complete this process at the earliest opportunity.
Approved Investors seeking to invest can view all User Content, contact Listers and subscribe to receive email alerts for new investment opportunities. Approved Investors that wish to undertake further due diligence can request access to the project’s Technical Data Room, if available. In order to gain access, they should first sign a Non-disclosure Agreement.
Approved Investors acknowledge and agree that they are responsible for their own negotiations in relation to any interest they may have in investing in a Project Listing published on our Platform.
Listers Eligibility Criteria, Rights and Obligations
Listers can be physical persons or legal entities, as well as any other entity that has the authority to provide User Content about a natural resource asset. The Lister acknowledges and agrees that it represents and warrants that they are the registered project holder, owner or partner, or are authorized and entitled to act on behalf the project holder and owner, and that it has the right to and has taken all the required actions to be authorized to market their projects to investors.
Listers will be granted a provisional access to the Platform where they will be able to detail a comprehensive summary of their projects, and upload corporate presentations and other relevant non-confidential technical information (‘Lister Content’) in a dedicated webpage (‘Project Listing’) within the Platform.
The Lister Content will then be screened by us, so the Lister could be granted limited license to access the Platform. By doing so, we will warrant that only quality and credible investment opportunities are showcased. Once Listers have properly gained access, they will be able to download or print a copy portion of the available User Content for their personal use.
When making available any Lister Content, the Lister represents and warrants that:
The Lister Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
The Lister has the necessary licenses, rights, consents, releases, and permissions to use and to authorize us and any other User to see the Lister Content in any manner contemplated by these Terms and Conditions.
The Lister Content is not false, inaccurate, or misleading.
The Lister Content does not violate any applicable law, regulation, rule, or violate the privacy or publicity rights of any third party, or any provision of these Terms and Conditions, or any applicable law or regulation.
The Lister has the facultative option to upload (in a virtual Data Room) detailed datasets showcasing relevant technical information, as well as historical and forecast financials, which will be only available to Approved Investors via a Non-disclosure Agreement if they wish to undertake further due diligence.
The Project Listing will be published in the Platform for a period of six months. After six months, Project Listing will be removed from the Platform unless an extension is agreed, and Project Listing is duly updated.
We do not assert any ownership over the Lister Content. The Lister retain full ownership of all of the Lister Content and any intellectual property rights, or other proprietary rights associated with the Lister Content. We are not liable for any statements or representations in the Lister Content.
Fees and Payment
Access and use of the Platform, as well as all listing on the Platform are currently free of charge. However, we reserve the right to commence charging a Service Fee or a commission on any future transaction at any time.
Intellectual Property Rights
Unless otherwise indicated, the Website and the Platform are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, blogs, photographs, and graphics (collectively, ‘Our Content’) and the trademarks, service marks, and logos contained therein (‘Our Marks’) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Switzerland, the United States, foreign jurisdictions, and international conventions.
Our Content and Our Marks are provided on the Website and the Platform for your information and personal use only. Except as expressly provided in these Terms and Conditions, Our Content and Our Marks may not be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
We may make changes to material contained on the Website and Platform at any time without notice. We do not, however, make any commitment to update the materials.
Provided that you are eligible to use the Platform, you are granted limited license to access and use the Platform, and to download or print a copy of any portion of Our Content to which you have properly gained access solely for your personal use. We reserve all rights not expressly granted to you in and to the Platform, Our Content and Our Marks.
The information contained in the Website and Platform is not for use within any country or jurisdiction or with any persons where such use would constitute a violation of law.
The information contained in the Website and Platform constitutes an advertisement within the meaning of Article 68 of the Swiss Financial Services Act ("FinSA") for Genereso. The information does not constitute an offer or a solicitation, or a recommendation to implement or liquidate an investment or to carry out any other transaction. It should not be used as a basis for any investment decision or other decision. Any investment decision should be based on appropriate professional advice specific to your needs.
The materials provided by the Users on our Platform are provided on an « AS IS » basis. Other than as provided in this agreement, we make no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the User Content on its Website and Platform or otherwise relating to such materials or on any sites linked to our Website and Platform.
User Content appearing on our Website and Platform could include technical, typographical, or photographic errors. We do not warrant that any of the User Content are accurate, complete, or current.
We have not reviewed all of the sites linked to its Website and Platform and we are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked website is at the User's own risk.
The construction validity and performance of any Agreement with GENERESO shall be governed exclusively by the laws of Switzerland and any dispute arising out of or relating to the use of the Website and Platform shall be subject to the exclusive jurisdiction of the Geneva Courts.
These terms were last updated on 15 May 2022 and are effective immediately.
GENERESO is a company registered in Switzerland and we are committed to protecting your privacy and complying with applicable data protection and privacy laws. In accordance with Article 13 of the Swiss Federal Constitution and the Federal data protection provisions (Data Protection Act and Data Protection Ordinance), as well as the European General Data Protection Regulation (GDPR), every person is entitled to protection of their privacy and to protection against misuse of their personal data. We comply with these terms. Personal data will be kept strictly confidential. We will never sell or disclose personal data that has been shared with us to third parties without your explicit consent.
Please be advised that the company and the website are hosted in Switzerland, while the platform and the databases are hosted in the United States. If you access the platform from Switzerland, the European Union, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your use of the platform, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. In close cooperation with our United States-based cloud providers (Amazon Web Services, ElephantSQL), we endeavor to protect the databases to the possible extent against unauthorized access, loss, abuse or forgery. We have put in place all measures required for reliable data processing in line with applicable data protection and data security regulations.
Collection of Personal Information
We collect personal information through your interactions with us, such as when you contact us or when you provide your details through our platform registration system, when you use our products and services, when you use our websites or when you visit our offices or attend an event. We may also receive personal information about you from third party sources.
Use of your Personal Information
We use information you provided us as required to carry out our obligations under contracts between us, to communicate with you in order to provide you with information about our products and services, to enable us to operate our business and to pursue our legitimate interests where these are not outweighed by your applicable data protection rights and to comply with applicable laws and/or to protect our legal rights.
Disclosure of your Personal Information
Retention of your Personal Information
We will keep this information for the duration of our business relationship and to the extent permitted or required under applicable law, after termination of the business relationship. Laws may require us to hold certain information for specified periods. In other cases, we may retain an encrypted version of your contact information for an appropriate period after the business relationship ends to comply with its legal obligations, to meet regulatory requirements or to protect itself from legal claims.
In relation to other personal information collected, we require this to be deleted as soon as the purpose for which it was collected ceases, or the information is no longer needed for that purpose.
Security of your Personal Information
Your Data Protection Rights
Where applicable, you may have certain rights under the GDPR or local legislation in the European Economic Area including the right to ask us for a copy of, or update the personal information held about you, as well as to obtain supporting explanatory materials. You can ask us to make any necessary changes to your data to ensure it is accurate and up to date or ask us to restrict the processing of the data, delete it, or transfer it to other organizations at your request in certain circumstances. We shall make the rectifications without delay.
You also have the right to object to the processing of your personal data for ensuring the functionality of the platform, direct marketing purposes, profiling, or for the performance of market research. Where your personal data is processed based on your consent, you have the right to withdraw your consent for such processing at any time pursuant to specific GDPR articles.
If you wish to exercise any of these rights you can get in touch with us at GENERESO, 14 rue Ferrier, 1202 Geneva, Switzerland, or by email to email@example.com. Please note that we may need to identify you and to ask for additional information in order to be able to fulfil your above requests.
Right to Notification
If you have exercised your right to have us correct, delete or limit the processing, we are obliged to inform all recipients to whom the personal data concerning you have been disclosed of this correction or deletion of the data or restriction on processing, unless this proves impossible or involves a disproportionate effort.
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Owner and operator of the website, platform and database