This Website was created by Audentia Capital Sicav plc, Audentia Capital Sicav II plc and Audentia Capital Management Limited (henceforth, AUDENTIA CAPITAL).
1.TERMS AND CONDITIONS
These General Conditions regulate the use of the Internet Website “www.audentiacapital.eu” (the “Website”) which is made available to you as a user (the “User”). The use of Website represents the full acceptance on the part of the User of all the General Conditions of use of the Website at all time is which the User accesses same. AUDENTIA CAPITAL reserves the right to update, modify or remove these General Conditions of Use of the Website 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 the Website are aimed at investors resident worldwide. All physical natural or legal persons must ensure that the access to the Website of AUDENTIA CAPITAL and 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 this Website on the part of a User that does not comply with the its residence requirements and does not request information in accordance with the procedure established previously shall be understood as carried out under your exclusive responsibility, exonerating AUDENTIA CAPITAL of any liability in such respect.
Through the Website, facilitates and makes available to the Users and/or Clients or Investors 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 CAPITA (the “CLIENTS”), for the purpose of offering these access to the information on the status of their investments and whose functioning is regulated in point 5 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.
3.ACCESS AND USE OF THE WEBSITE
Access to and use of the Website.
The User recognises and accepts that the access to and use of the Website and/or the Contents included therein takes free and consciously under their own exclusive responsibility. Access to the Website and/or the Contents included on same does not imply any type of guarantee in respect of the suitability or updating of the Website or of the Contents included therein for the particular or specific purposes of Users, nor shall it be held responsible for the consequences that may arise as a result of errors contained in the contents nor those that appear on this website provided by third parties. Access to the restricted area by any Client authorised to do so shall not be interpreted not shall it imply, under any circumstances, the subscription of a new contract between the Client and AUDENTIA CAPITAL.
Use of Website and of the Contents.
The User commits to making appropriate and licit use of the Website, and of the Contents, in accordance with the applicable legislation, the present General Conditions of Use of the Website, morality and generally accepted good conduct and public order. The user shall, among other actions, refrain from:
(I) making any unauthorised or fraudulent use of the Website and/or the Contents;
(II) accessing or attempting to access resources or restricted areas of the Website, without fulfilling the conditions required by said access;
(III) using the Website and/or Contents for illicit or illegal ends or contrary to the provisions set in these General Conditions in relation to good faith and public order, injurious to the rights or interests of third parties or that, in any way, may damage, insult or overload the Website or impede the normal use and enjoyment of the Website;
(IV) causing damage to the physical or logical systems of AUDENTIA CAPITAL, of its providers or of third parties;
(V) introduce or disseminate online any computer virus or any other physical systems that may be susceptible to causing damage to the physical or logical systems of AUDENTIA CAPITAL, of its providers or third parties.
(VI) attempting to access, use and/or manipulate the data of AUDENTIA CAPITAL, third parties, providers or other users;
(VII) reproducing, copying, distributing or permitting public access through any form communication, transformation or modification of Contents, unless the authorisation of the holder of the corresponding rights have been obtained or such action is legally permitted;
(VIII) deleting, hiding, or manipulating the notes on the rights of authors and other identifying data of the rights of AUDENTIA CAPITAL or third parties incorporating into the Contents, or the technical devices for protection or any other information mechanisms that may be inserted among the Contents;
(IX) obtaining or attempting to obtain Contents using means or procedures other that those which, in each case, are made available for such purpose or are indicated expressly on the web pages where the Contents are found or, in general, are conventionally used on the internet to prevent a risk of damage or disablement of the Website and/or the contents.
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 Website shall be subject to the following obligations:
(I) the Link shall only permit access to the Website, not reproduce it in any way;
(II) no Links shall be established with pages other than the homepage of the Website;
(III) no frame or border environment shall be created on the Website;
(IV) no false statements or false, incorrect or inaccurate instructions shall be given on the Website;
(V) it shall not be declared nor given to be understood that AUDENTIA CAPITAL has supervised in anyway the contents or services offered or advertised on websites where the Link is established;
(V) it shall not be declared nor given to be understood that AUDENTIA CAPITAL has supervised in anyway the contents or services offered by advertisements on websites where a Link is established;
(VII) the website on which the link is established shall not contain any brand, commercial name, label or denomination, logo, slogan or other distinguishing symbol belonging to AUDENTIA CAPITAL and/or third parties, without their authorisation;
(VIII) the website on which the link is established shall not contain illicit information or contents contrary to morality and generally excepted good conduct and public order or contrary to any third party rights.
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 IT company and/or User which has established the hyper link or the link.
4.INDUSTRIAL AND INTELLECTUAL PROPERTY RIGHTS
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 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 its 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 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.
5.RESTRICTED ACCESS AREA
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.
6.EXCLUSION OF GUARANTEES AND LIABILITY
Exclusion of guarantees and liability 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:
(I) the lack of availability or accessibility of the Website or of those other sites with which a Link has been established;
(II) the interruption in the functioning of the Website or false information, telephone issues, disconnections, delays or blocks caused by deficiencies or surges on telephone lines, on the Internet system or other electricity systems in the course of their operation;
(III) the lack of suitability of the Website for the specific needs of the Users and
(IV) other damages that may be caused by third parties through unauthorised intrusions beyond the control of AUDENTIA CAPITAL
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 that 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:
(I) the lack of legality; utility, veracity, accuracy, exhaustiveness or updating of said Contents originating from third parties;
(II) the inadequacy of the Contents for any purpose or their failure to meet expectations;
(III) decisions or actions taken or prevented on the part of the User confiding in the information or data facilitated or provided, including but not limited to the loss of earnings or the possible investment.
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.
7.ACTIONS IN THE EVENT OF BREACH
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 Conditions of Use of the Website on the part of the User.
8.DATA PROTECTION POLICY
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 controllers are Audentia Capital Sicav plc and Audentia Capital Sicav II plc, all with a registered address at Level 1 - Blue Harbour Business Centre, Ta’Xbiex Yacht Marina, Ta’Xbiex XBX 1027, Malta; and Audentia Capital Management Limited, with registered address at Kent Street, 10, 2128 Sliema, Malta. Users may, at any time, exercise their rights to access, rectification, cancellation and opposition to the processing of their personal data, contacting the controllers at the registered address or the following email address: [email protected].
The declaration of the nullity, invalidity or inapplicability of any of these general 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 Conditions of Use of the Website 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 declares that they have read, understand and wholly accept these General Conditions of Use of the Website, in place and the time of the access to and browsing of this Website.