Anyone requesting access to the protected area agrees to this undertaking. It is short, because it governs one thing only: the filings stay with you.
Undertaking for signature (PDF)
This undertaking is between KAR-TESS HOLDING S.à r.l., 17, rue Léon Laval, L-3372 Leudelange, Luxembourg, RCS Luxembourg B18031 (the "Company") and the person or firm requesting access (the "Recipient"). Anyone requesting on behalf of a firm binds that firm as well.
Every document made available through the protected area: annual accounts, articles of association, register extracts, publications, the KYC and UBO file and any further file deposited there — including the fact that access exists.
Part of this material is publicly available at official registers. That changes nothing here: what is confidential is the compilation the Company has put together, and everything going beyond it.
To use the filings solely for the purpose for which access was requested — assessing a business relationship, due diligence, a bank or mandate review. Not for other purposes, not for third parties, not for a competitor.
Not to pass them on, publish them or reproduce them beyond that purpose. Within the Recipient's own firm they may reach the people who need them for that purpose — and only those; the Recipient answers for their conduct.
Not to share the credentials. One set of credentials belongs to one Recipient. If they become known, the Company is to be informed without delay.
To delete or return the filings at the Company's request, unless a statutory retention obligation stands in the way.
Information the Recipient demonstrably already knew, obtained from third parties without breach of this undertaking, developed independently, or is required to disclose by law or by order of an authority. In the last case the Recipient informs the Company beforehand, as far as permitted.
Making the filings available grants no right of use, no licence and no obligation to enter into a business relationship. The Company gives no warranty as to completeness or accuracy beyond what follows from the official entries; the register entry always prevails. Nothing is offered and nothing is advertised.
The undertaking applies from acceptance and for five years from the last access to the filings. Access itself may be withdrawn by the Company at any time and without reasons; the undertaking is unaffected by that.
Luxembourg law applies. The place of jurisdiction is Luxembourg City, as far as legally permissible. If a provision is invalid, the remainder stands.
In two ways, and both count. First by ticking the box in the "Request access" form: recorded at that moment are the name, e-mail address, firm, time and the version of this text — that is the electronic declaration, and it is enough for access to be granted.
Second by signature. The Company makes this undertaking available as a PDF for printing and may require a signed copy before granting or maintaining access. The signed version prevails over the electronic one.