Terms of Use

 

Updated as of June 8th, 2018

This website (“Website”) is owned and operated by Privilege Partners LLC, Max-Högger-Strasse 6, 8048 Zürich, Switzerland (“We”, the “Operator” or “eFinancialModels”). The Terms of Use (“Terms”) form a legally binding agreement (“Agreement”) between eFinancialModels and the user  (“You” or the “User”).

In order to use our Website, the User must have reached the legal age of 18 (or the age of consent in your jurisdiction) and be able to form a legally binding contract. Use of this Website by minors is not permitted.

The following policy discloses Terms for using our Website. By accessing and browsing the Website, the User accepts, without limitation or qualification, to accept and adhere to the Terms of Use.

Use is only permitted where these Terms of Use do not violate the applicable laws in the User’s jurisdiction. If you do not agree to our Terms of Use, or these Terms are not valid in your legal jurisdiction, you must not use our Website.

 

THE PURPOSE

The purpose (“Purpose”) of our Website is to provide Users access to quality products, resources and services related to financial modeling and financial planning projects. For this Purpose we provide products (“Products”) and resources (“Resources”), together with the “Content”, as well as Services (“Services”) serving that Purpose.

  • Products are offered in the form of spreadsheet templates and other templates and custom financial models, mostly spreadsheet files in Excel which contain industry-specific and state of the art financial modeling know-how;
  • Resources are offered as information, in the form of articles, newsletters, book and course recommendations, which may help users to deal with their financial modeling projects:
  • Services include the preparation of tailor-made financial models and Content as per User requirements and are delivered by Vendors, Freelancers and the team of eFinancialModels.

The Purpose of our Website also consists in continuously improving our Content and Services. Our Website can only be used for the stated Purpose.

 

PRIVACY POLICY

eFinancialModels respects the privacy of all its Website Users and is seriously committed to maintain and protect the confidentiality of personal data from its Users. The Privacy Policy, which rules the use of User data, forms an integral part of the Terms of Use.

 

COPYRIGHTS

Except as otherwise stated, all materials, which without limitation include spreadsheets and other templates, pictures, graphics, designs, videos, icons, and any other written materials found on and made available through www.efinancialmodels.com are copyrighted, trademarked, controlled or licensed by eFinancialModels, its affiliates or by their respective creators. All said materials are protected by the Swiss and international copyright laws.

Content uploaded by Vendors remain their intellectual property and all copyrights belong to them. eFinancialModels receives a royalty-free license to use the related marketing material (e.g. pictures, screenshots, videos, etc) for marketing purposes and has every right to publish, edit, translate, publicly display and make derivative work of such. In case of Vendors deciding to withdraw their Content, eFinancialModels will stop market their Content.

As a User, you may not distribute, transmit, license, or publish the Website or its content for commercial purposes; may not remove any copyright, trademark or any other proprietary notices from any part of our Website; and/or infringe upon our intellectual property rights by using our Website.

 

LINKS TO OTHER WEBSITES

Throughout this Website, you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any third-party website via a link on this Website, you do so at your own risk. Should any legal infringement become known to us, we will happily remove the respective link.

You must note that these third-party websites have different privacy policies than we do, and that we are in no way responsible for the way they may ask for and collect information from you and/or the way they use and disclose such information. We advise that you read the privacy policy of all third-party websites you visit prior to using them.

 

WEBSITE PROPER USE AND TERMINATION

Use of this Website is only permitted for the intended Purpose. The User shall not upload, distribute, or otherwise publish through this Website any Content, information, or other material that (a) includes any bugs, viruses, worms, trap doors, Trojan horses, or other harmful code or properties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, discriminatory, or could give rise to any civil or criminal liability under the laws of Switzerland or the laws of any other country that may apply; or (c)violates, infringes upon the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person.

eFinancialModels reserves the right to remove any Content at its sole discretion, if it is false, misleading, harmful in any way or if it is detrimental or potentially destructive to the stated Purpose or these Terms of Use. eFinancialModels also reserves the right to remove Content which might not meet the quality standards deemed to be appropriate.

eFinancialModels rеѕеrvеs thе right tо diѕсоntinuе, alter or stop publishing the Website and/or аnу of its services аt аnу timе in its ѕоlе diѕсrеtiоn without notice or explanation; аnd save to the extent expressly provided otherwise in thеѕе terms and conditions, you will not bе entitled to аnу соmреnѕаtiоn оr оthеr рауmеnt upon the diѕсоntinuаnсе оr аltеrаtiоn оf any Wеbѕitе ѕеrviсеѕ, оr if eFinancialModels ѕtорs publishing thе Wеbѕitе.

 

LICENSE AND PERMITTED USE

By purchasing Content or Services from eFinancialModels the User receives a lifelong, royalty free, strictly personal usage right for Content purchased from us for the intended Purpose. The terms of this usage right are the following:

  • The product and services received are for personal use only and shall not be shared with the public;
  • All copyrights of the provided Content remain with the Authors while the Users receives a lifelong usage right for duly purchased or downloaded Products;
  • Products downloaded from eFinancialModels shall not be resold, rented, sub-licensed or otherwise commercialized. Creating derivative products is only permitted for using the Product and improving to perform the task the Product is designed to perform. Reselling a Product or Service, or any derivative, purchased or obtained from eFinancialModels, is not permitted.

 

REFUNDS

Our Products, especially digital products such as Excel Templates”, and Services are sold “as is” and we cannot simply take them back. As such we do not offer any refunds. In case the Products or Services have mistakes or are incorrect, we happily receive feedback and will do our best to correct them.

 

VENDORS

Vendors (“Vendors”) are independent third-party Users who sell Products and Services via our Website and/or intermediation service. By registering as a Vendor, the User confirms to adhere to the following additional terms:

  • The Vendor confirms he/she is the rightful owner of the submitted Content and has duly obtained all required rights, copyrights, trademark permissions as needed to publish the submitted Content;
  • Not to submit any harmful or offensive content and to adhere to best possible quality standards;
  • To accept the revenue sharing terms as stated by eFinancialModels at time of publishing the Content;
  • The right to freely choose the price at which he/she wants to sell their Products and Services;
  • To grant eFinancialModels the right to use, market and distribute marketing materials related to the submitted Content such as pictures, screenshots royalty-free and for an unlimited period of time;
  • To allow eFinancialModels to offer price discounts of up to 10% of the normal price at its sole discretion to better market and incentivize the purchase of Content and Services for promotional campaigns;
  • To accept the review and editing of submitted Content by eFinancialModels if needed as well as to accept and respect eFinancialModels’ decision to approve/decline Vendor applications and/or Product Submissions at its sole discretion in case eFinancialModels feels the Products or Services are not in line with the Purpose of the Website or these Terms of Use;
  • To indemnify and hold harmless eFinancialModels and affiliates for any claims, demands or damages, including lawyer’s fees, for any violation of the Terms stated herein.

 

FREELANCER SERVICES

Upon request, eFinancialModels will connect interested Users (“Customers”) with independent skilled Financial Modelling Freelancers (the “Freelancers”), together the “Parties”, to perform financial modeling tasks (the “Project”). In this case, the Customers grant eFinancialModels the right to transfer their customer data such as contact details and Project information to the chosen Freelancer(s).

When using the freelancer services, eFinancialModels acts as an intermediary, while the User enters into a service contract directly with the Freelancer. eFinancialModels’ services do not constitute an act of employment nor giving directives to the Freelancer, instead, eFinancialModels is only connecting the Parties. The Freelancer is self-responsible for the proper delivery of his services and entering into a contractual arrangement with the Customer.

 

DISCLAIMER

Our Website, Resources, Products and Services are provided on an “as is” basis. eFinancialModels does not give any warranties or assurances that it will satisfy the User’s expectations or requirements. There is expressively no warranty provided for any eventual mistakes, omissions of the Content or that all materials are accurate and up to date. The Content might have errors or omissions in it, be outdated or not be applicable to the User’s specific situation.

It is the responsibility of the User to select the appropriate Content suitable and applicable to his specific use case. eFinancialModles will do its best to keep a high-quality standard of the Content and Services offered via its Website and welcomes User input to improve the quality of our Content and Resources.

Opinions, advice, statements, offers, or other information or Content made available through our Website, but not directly by eFinancialModels, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. eFinancialModels is not responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than eFinancialModels.

eFinancialModels nor its Vendors, Freelancers or other associated parties will be liable for any direct or indirect damages or losses which might have occurred directly or indirectly by using the Website, Content or Services from us. Any eventual liability and compensation of damages herewith are excluded.

We cannot guarantee that our Website will be available at all times, as it might be affected by technical issues beyond our control. Where possible, we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.

 

OTHER

These terms of use entail the entire agreement between the User and the eFinancialModels.

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of eFinancialModels to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

You agree that any cause of action related to or arising out of your relationship with eFinancialModels must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

eFinancialModels may assign or delegate these Terms of Service and/or the Company’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without eFinancialModels prior written consent, and any unauthorized assignment and delegation by you are void.

 

GOVERNING LAW AND JURISDICTION

These Terms of Use are construed as per the applicable laws in Switzerland. All disputes shall be ruled by the courts of the city of Zurich, Switzerland.

 

CONTACT US

Please get in touch with us (info[at]efinancialmodels.com) for any question you might have with respect to these Terms of Use.