© Copyright AUDENTIA CAPITAL MANAGEMENT LIMITED. 2021. All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the international copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of Audentia Capital Management Limited. Copyright, intellectual property and the AUDENTIA CAPITAL MANAGEMENT LIMITED (AUDENTIA CAPITAL) trademark are owned by AUDENTIA CAPITAL. The Website was created by AUDENTIA CAPITAL. AUDENTIA CAPITAL is licensed to conduct investment services business by the Malta Financial Services Authority
These General Terms and Conditions regulate the use of AUDENTIA CAPITAL´s website www.audentiacapital.eu (the “Website”) which is made available to you as the User (the “User”). The use of the Website is governed by the Terms and Conditions set forth. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE. The information and material provided by AUDENTIA CAPITAL may be used for informational purposes only. By using, accessing or downloading materials from the Website the User agrees to follow the terms and conditions as outlined in this legal notice, which apply to all visits to the AUDENTIA CAPITAL´s website both now and in the future. AUDENTIA CAPITAL reserves the right to update, modify or remove these General Terms and Conditions at any time, as well as any other general or particular conditions, regulations of use, instructions or warnings that may apply. In addition, AUDENTIA CAPITAL reserves the right to suspend interrupt, or cease operating the Website at any time. The services described in AUDENTIA CAPITAL´s website are not aimed at the residents of any particular jurisdiction, including but not limited to any persons in the United States of America or to any United States ‘person as defined under the U.S. securities laws. Any person accessing the Website must ensure that the use of same and/or its contents is permitted in accordance with their country’s legislation.
The sending of or requesting of information on any of the services described by AUDENTIA CAPITAL on the Website on the part of the User that does not comply with its country´s legal requirements, and does not request information in accordance with the aforementioned, it shall be understood as carried out under the User´s exclusive responsibility, whereas AUDENTIA CAPITAL accepts no liability for any damage or loss, loss of profit or any other loss or damage whether direct, indirect or consequential in respect of the use of the Website or its contents. Access to the restricted area by any User authorised to do so SHALL NOT be interpreted NOT SHALL it imply, under any circumstances, the subscription of a new contract between the User and AUDENTIA CAPITAL.
The Website, facilitates and makes available to the Users the access to diverse content information and data (the Contents) of AUDENTIA CAPITAL.
AUDENTIA CAPITAL reserves the right to update and or introduce as many modifications and changes deemed convenient at any time and without prior warning in relation to the appearance (including the look-and-feel), configuration, localization of the Website and the Contents and the conditions required to use same. Within the above Contents, there is a restricted access area for Clients and Investors of AUDENTIA CAPITAL (the “CLIENTS”), for the purpose of offering these accesses to the information on the status of their investments and whose functioning is regulated in point 3 of this document with the title Restricted Areas. In summary, access to the Website does not imply, in any case, a relationship of a contractual nature, between the User and/or the Client or Investor.
The User commits to making appropriate and licit use of the Website, and the Contents, in accordance with the applicable laws, the present General Terms and Conditions, morality and generally accepted good conduct and public order.
The User shall, among other actions, refrain from:
Inclusion of Links
Those providers of information society services and/or Users who wish to establish a hyper link or link between their website and the Website (the “Link”) must obtain the prior authorisation of AUDENTIA CAPITAL, presenting a request to the following email address: [email protected]. Anyone who includes a hyperlink or link with the AUDENTIA CAPITAL´s Website shall be subject to the following obligations:
Under no circumstance shall AUDENTIA CAPITAL be held liable for the consequences that may arise from the inclusion of third-party links nor information contents or services offered on websites on which the Link has been included. AUDENTIA CAPITAL reserves the right to, at any time and without providing prior notice; revoke the authorisation agreed with the service provider of the Information Technology company and/or User which has established the hyper link or the link.
The User recognises and accepts that industrial and intellectual property rights to the Contents and/or any other elements inserted in the Website (including, but not limited to, brands, logos, commercial names, texts, images, graphics, designs, sounds, databases, software, flow charts, appearance, look-and-feel, audio and video) belong to AUDENTIA CAPITAL and/or third parties. Under no circumstances shall the Website imply any form of waiver or transfer of total or partial assignment of said rights. These General Terms and Conditions of Use of the Website do not confer Users any right for the use, alteration, extrapolation, reproduction, distribution or public communication of the Website and/or the Contents other than those expressed here previously. Any other use or extrapolation of any right shall be subject to the prior and express authorisation awarded to such effect by AUDENTIA CAPITAL or the third-party holder of the rights in question. AUDENTIA CAPITAL authorises the users to use, view, print, download and store the Contents and/or elements included on the Website exclusively for their own personal, private and non-commercial use. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, and their modification, alteration or decompiling, is expressly prohibited. For any use other than those expressly authorised, it shall be necessary to obtain the prior written consent of the holder of the rights in question.
Registration of Clients/Investors – To access to the Contents of AUDENTIA CAPITAL, Clients/Investors must register in advance by completing a form (the “Registration Form”) which appears on the Website. AUDENTIA CAPITAL reserves the right to freely accept or reject the registration request of any Client/Investor. The registration of a Client/Investor does not imply any obligation. This service is free unless, at any time, AUDENTIA CAPITAL decides otherwise, informing our clients of this fact with sufficient notice at all times.
Exclusion of guarantees and liabilities for functioning of the Website. AUDENTIA CAPITAL does not guarantee the availability and continued functioning of the Website or other websites with which a link has been established. Similarly, AUDENTIA CAPITAL shall not be liable for any damages that may arise from:
For the purpose of diminishing the risk of the introduction of a virus on the Website, AUDENTIA CAPITAL uses virus-protection programmes to control all Contents that are introduced to the Website. Nevertheless, AUDENTIA CAPITAL does not guarantee the absence of viruses or other elements on the website, introduced into the Website by third parties not connected to AUDENTIA CAPITAL that may cause alterations to the physical or logical systems of the Users or in the electronic documents or files stored in their systems. Consequently, AUDENTIA CAPITAL shall not be liable for any damages of any form arising from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the Users. AUDENTIA CAPITAL adopts diverse means of protection to protect the Website and the contents from the computer attacks of third parties. Nevertheless, AUDENTIA CAPITAL does guarantee that unauthorised third parties cannot have access to the type of Website that makes the User or the conditions, characteristics and circumstances in which said use is made. Consequently, AUDENTIA CAPITAL shall not be liable for the damages that may arise from such unauthorised access. Exclusion of guarantees and liability for functioning of the Website. AUDENTIA CAPITAL shall not be liable for the use made of the Website or Contents by Users or third parties, nor for the damages arising from same. Exclusion of guarantees and liability for the Contents. With the inclusion on the Website of third-party Contents, AUDENTIA CAPITAL does not become the publisher of same; and, consequently, does not guarantee the legality, reliability, utility, veracity, accuracy, exhaustiveness or updating of said Contents. AUDENTIA CAPITAL shall not be liable for any damages that may arise from:
Exclusion of guarantees and liability in relation to Links. The Website makes available to Users technical link devices, directories and search tools that allow Users to access web pages belonging to and/or managed by third parties. AUDENTIA CAPITAL checks the existing information on said pages when a link is established with same and does so in the belief and good faith that such contents comply with the applicable legislation. Nevertheless, under no circumstances shall AUDENTIA CAPITAL be liable, nor does it approve or endorse the products, services, contents, information, data, files or any other class of material existing on such pages nor does it control nor is it liable for, nor does it approve or endorse the successive modifications made to such materials. Consequently, AUDENTIA CAPITAL shall be liable for access to other websites or third-party contents through the existing connections and links.
AUDENTIA CAPITAL reserves the right to exercise any actions available by law to demand liability arising from breach of any of the provision of these General Terms and Conditions of the Website on the part of the User.
In those cases, in which the user requests information on services or products by sending the forms available on the Website, it shall be necessary to collect the corresponding personal data in order to process the request. The data shall be processed only for the purposes for which they have been collected and saved with due confidentiality, applying the security measures established in the applicable legislation in order to avoid their alteration, loss or unauthorised processing or access in accordance with the state of the technology and the nature of the data.
The data protection controller is Audentia Capital Management Limited, with registered address at 10, Kent Street, Sliema SLM 2128, Malta. The Users, Clients and/or Investors may, at any time, exercise their rights to access, rectify, cancel and oppose to the processing of their personal data by contacting in writing the controller at the registered address or via e-mail to the following address: [email protected].
Any information which the User, the Client and/or the Investor may provide to AUDENTIA CAPITAL through the Website is confidential. AUDENTIA CAPITAL does not automatically collect any personal information which can identify the User, the Client and/or the Investor, nor sells or discloses to any third party any personal information which is provided to AUDENTIA CAPITAL. The User, Client and/or Investor data is protected by the Professional Secrecy Act, 1994 and the Data Protection Act 2001 (Chapter 440 of the Laws of Malta).
The declaration of the nullity, invalidity or inapplicability of any of these General Terms and Conditions shall not affect the validity or applicability of the other conditions, which shall remain binding for the parties. Refusal by any of the parties, at any given moment, of their obligation to comply with any of the conditions set forth herein shall not imply a general refusal to fulfil any other condition or conditions, nor shall it create any acquired right for the other party.
The provision of the services of the Website and these General Terms and Conditions are governed by Maltese law, without prejudice to the application of the necessary legislation of other Countries, applicable in accordance with Private International Law.
AUDENTIA CAPITAL and the User/Client or Investor, where applicable, expressly waive any other right that may apply, and agree that any dispute that may arise from the access to or use of the Website be submitted to the exclusive jurisdiction of the Courts and Tribunals of Malta, without prejudice to Private International Law. The User, the Client and/or Investor declares that they have read, understood and wholly accept these General Terms and Conditions, in place and the time of the access to and browsing of the Website.
As an alternative investment fund, AUDENTIA CAPITAL is subject to a number of requirements emanating from European Union law, and it is therefore the Board’s policy to ensure the continuing compliance with all such applicable laws. Amongst other regulations, AUDENTIA CAPITAL is subject to Regulation (EU) 2019/2088, also known as the Sustainable Finance Disclosure Regulation or SFDR, which sets out requirements relating to sustainability‐related disclosures in the financial services sector, as applicable to ‘financial market participants’ such as AUDENTIA CAPITAL. As a ‘financial market participant’, the Company has performed a sustainability risk assessment to firstly determine the relevance of sustainability risks in respect of its Sub-Funds. Whilst it is AUDENTIA CAPITAL’s policy to invest in legitimate and recognised assets within reputable jurisdictions, AUDENTIA CAPITAL’s objectives are not limited towards investing in assets which promote environmental or social characteristics, and does not adopt any ad hoc approach towards the integration of sustainability risks or the consideration of adverse sustainability impacts in its investment decision-making processes. Notwithstanding the aforesaid, it remains AUDENTIA CAPITAL’s policy to perform an ongoing assessment of its products to ensure the suitability thereof for the identified target market, namely Professional and Qualifying Investors.