Terms & Conditions
Terms & Conditions Fincapital Partners
Fincapital Partners is a private investment club operated by Fincapital Partner AG - 6 Rue Robert Ceard, 1204 Geneva, Switzerland - Licensed as a Financial Intermediary (CH-170.3.042.778-2) and Fincapital Scandinavia KB, Postfack2250 – 11674 Stockholm, licensed as a fiduciary management company in Sweden(969798-6637).
Application of terms
These Terms apply to your use of the Service (asthat term is defined below). By setting up an account and making a payment tojoin the Fincapital Partners private club, you agree to these Terms and whereyour access and use is on behalf of another person (e.g. a company), youconfirm that you are authorized to, and do in fact, agree to these Terms onthat person’s behalf and that, by agreeing to these Terms on that person’sbehalf, that person is bound by these Terms. If you do not agree to theseTerms, you are not authorized to access and use the Service, and you mustimmediately stop doing so.
Wemay change these Terms at any time by notifying you of the change by email orby posting a notice on the Website. Unless stated otherwise, any changetakes effect from the date set out in the notice. You are responsible forensuring you are familiar with the latest Terms. By continuing to accessand use the Service from the date on which the Terms are changed, you agree tobe bound by the changed Terms.
These Terms were last updated on 04/10/2023
Investment advice
Fincapital Partners is NOT providing any investment advice. MIFID Directive 2014/65/EU defines Investment advice as « the provision of personal recommendations to a client, either upon its request or at the initiative of the investment firm, in respect of one or more transactions relating to financial instruments ». Article 9 of Delegated Regulation (UE) 2017/565 defines a personal recommendation as «a recommendation that is made to a person in his capacity as an investor or potential investor. That recommendation shall be presented as suitable for that person, or shall be based on a consideration of the circumstances of that person, and shall constitute a recommendation to take one of the following sets of steps: (a) to buy, sell, subscribe for, exchange, redeem, hold or underwrite a particular financial instrument; (b) to exercise or not to exercise any right conferred by a particular financial instrument to buy, sell, subscribe for, exchange, or redeem a financial instrument. ». None of the Fincapital communications are personals. All communications are generic and Fincapital does not take into account the personal situation nor the financial objectives of its users. The users are responsible for their choices and for their potential losses, including the complete loss of their capital.
Prospectus
Article 3 of Regulation UE 2017/1129 provides that securities shall only be offered to the public in the European Union after prior publication of a prospectus. Under the prospectus regime, securities approved in one member state benefit from the financial passport and can be offered in any other EEA state. Article 1(4) of Regulation UE 2017/1129 provides that the obligation to publish a prospectus shall not apply to an offer of securities addressed to fewer than 150 natural or legal persons per Member State. Fincapital is in the process of obtaining a prospectus which should be approved in Q2 2024. In the meantime, the offers are made available exclusively to the private club members which shall be capped to 149 members by countries as long as the prospectus is not yet approved.
Solicitation
Non of the communication made by Fincapital Partners shall be considered as a financial solicitation. Financial solicitation is unsolicited contact by any means with a view to obtaining an agreement on an operation on financial instruments. All personal communications made by Fincapital are always at the initiative of the prospects. Once having become a Private club member, the member can use the platform at his discretion and Fincapital is never interfering with client's personal decisions.
Crowdfunding
Service provided by Fincapital is out of scope of the crowdfunding service with the meaning of regulation EU/2020/1503. Fincapital is not providing the service of matching the business funding interests of investors and project owners.
Financial Investment RiskDisclaimer and Warning
ImportantNotice: Please read this disclaimer carefully before joining FincapitalPartners. Investment carries inherent risks, and you should fully understandthese risks before proceeding.
1. NoGuarantees or Promises: All financial investments, including stocks, bonds, mutualfunds, real estate, and any other asset class, carry risks. There are noguarantees or promises of profit, and you may lose some or all of your investedcapital.
2. PastPerformance: Past performance is not indicative of future results. Historical performancedata should not be relied upon as a sole indicator of potential investmentsuccess. Markets can be volatile and subject to unforeseen events.
3.Diversification: Diversification is a risk management strategy, but it does not eliminate all risk. Spreading your investments across different asset classes may reduce the impact of a poor-performing investment but does not guarantee gains.
4. MarketRisk: Financial markets are influenced by a multitude of factors, including economic conditions, geopolitical events, interest rates, and investor sentiment. These factors can lead to sudden and significant price fluctuations.
5.Liquidity Risk: Some investments may lack liquidity, making it difficult to buy or sellassets at desired prices. Illiquid investments can result in losses if you needto access your capital quickly.
6. Riskof Loss: You may lose part or all of your investment. It is crucial to assessyour financial situation, risk tolerance, and investment goals beforecommitting funds to any investment opportunity.
7.Research and Due Diligence: Conduct thorough research and due diligence beforeinvesting. This includes understanding the investment's fundamentals, assessingits suitability for your financial goals, and considering professional adviceif necessary.
8.Professional Advice: Consider seeking advice from a qualified financial advisor or consultant before making investment decisions. They can provide personalized guidance based on your financial situation and goals.
9.Regulatory Risks: Investments are subject to regulatory changes and government policies that can impact their performance and taxation. Stay informed about these changes.
10.Economic and Global Risks: Economic downturns, global events, and natural disasters can affect financial markets and investment values. Be prepared for unforeseen circumstances.
11. RiskTolerance: Assess your risk tolerance and invest accordingly. Only invest capital you can afford to lose, and avoid making emotionally driven investment decisions.
12.Volatility: Many investments, particularly stocks and forex, can be highlyvolatile. Be prepared for price fluctuations and the potential for rapid gainsor losses.
13.Inflation: Inflation can erode the real value of your investments over time. Consider how your investments can outpace inflation to preserve your purchasing power.
14.Disclosure: We, as providers of this disclaimer, do not endorse or recommend specific investments. You should take investment decision at your own discretion and at your sole responsibility.
Indemnification: Fincapital Partner is not responsible for your actions and will not indemnify you in case of loss.
You should only proceed if you fully understand and are willing to accept these risks. Consult with a financial professional to create a diversified investment strategy tailored to your individual circumstances and goals. The value of investments can rise or fall, and past performance is not indicative of future results. Investing in Fincapital Partner is your sole responsibility.
INTERPRETATION
In these Terms:
Fincapital Partners means our private club and the platform owned by us and our licensors that is used to provide the Service. Fincapital Partners is composed of Fincapital Partner AG, Baarerstrasse 79, 6300 Zug, Switzerland - Licensed as a Financial Intermediary (CH-170.3.042.778-2). And Fincapital Scandinavia KB is licensed as a fiduciary management company inSweden (969798-6637). By joining Fincapital, you are directly contracting will all our present and futures affiliated undertakings. We will update this section in case a new company is created and become part of the Group.
Confidential Information means anyinformation that is not public knowledge and that is obtained from the otherparty in the course of, or in connection with, the provision and use of theService. Our Confidential Information includes Intellectual Property ownedby us (or our licensors), including the Fincapital Partners Software.
Data means all data, content, and information (including personalinformation) owned, held, used or created by you or on your behalf that isstored using, or inputted into, the Service.
Fees means the applicable fees set out on our pricing page on the Websiteon inside our platform at fincapital.partners or other sub-domains or as agreedotherwise in writing between you and us, as may be updated from time to time inaccordance with this clause.
Force Majeure means an event that is beyond the reasonable control of aparty, excluding, an event to the extent that it could have been avoided by aparty taking reasonable steps or reasonable care; or a lack of funds for anyreason.
Including and similar words do not imply any limit.
Intellectual Property Rights includes copyright and all rights existinganywhere in the world conferred under statute, common law or equity relating toinventions (including patents), registered and unregistered trademarks anddesigns, circuit layouts, data and databases, confidential information,know-how, and all other rights resulting from intellectualactivity.
Intellectual Property has a consistent meaning, and includes anyenhancement, modification or derivative work of the Intellectual Property.
Objectionable includes being objectionable, defamatory, obscene,harassing, threatening, harmful, or unlawful in any way.
A party includes that party’s permitted assigns
a person includes an individual, abody corporate, an association of persons (whether corporate or not), a trust,a government department, or any other entity.
Personal information means information about an identifiable, livingperson, personnel includes officers, employees, contractors and agents,but a reference to your personnel does not include us.
Service means the service having the core functionality described on theWebsite, as the Website is updated from time to time.
Start Date means the date that you set up an account.
Terms means these terms.
Underlying Systems means the Fincapital Partners Software, IT solutions,systems and networks (including software and hardware) used to provide theService, including any third-party solutions, systems and networks.
We, us or our means Fincapital Partners AG or FincapitalScandinavia KB or any other futures affiliated undertakings who participate toour services;
Website means the internet site at https://fincapital.partners, includingits sub-domain or such other site notified to you by us.
Year means a 12-month period starting on the Start Date or the anniversaryof that date.
You means both you and the other person on whose behalf you are acting.
Words in the singular include the plural and vice versa.
A reference to a statute includes references to regulations, orders or noticesmade under or in connection with the statute or regulations and all amendments,replacements or other changes to any of them.
PROVISION OF THE SERVICE
We must use reasonable efforts to provide the Service:
– in accordance with these Terms and Swiss and European law;
– exercising reasonable care, skill and diligence;
– and using suitably skilled, experienced and qualified personnel.
Our provision of the Service to you isnon-exclusive.
Nothing in these Terms prevents us from providing the Service to any otherperson. We must use reasonable efforts to ensure the Service isavailable on a 24/7 basis. However, it is possible that onoccasion the Service may be unavailable to permit maintenance or other developmentactivity to take place, or in the event of Force Majeure. We mustuse reasonable efforts to publish on the Website or notify you byemail advance details of any unavailability.
YOUR OBLIGATIONS
You and your personnel must:
– use the Service in accordance with these Terms solely for: your own internalbusiness purposes; and lawful purposes and not resell or make availablethe Service to any third party, or otherwise commercially exploit the Service.
– When accessing the Service, you and your personnel must: not impersonateanother person or misrepresent authorization to act on behalf of others or us;
– Comply with anti-money laundering rules andprovide Fincapital with any required information for this purpose.
– Do not use our services for illicit activities.
– correctly identify the sender of all electronic transmissions;
– not attempt to undermine the security or integrity of the Underlying Systems;
– not use, or misuse, the Service in any way which may impair the functionalityof the Underlying Systems or impair the ability of any other user to use theService;
– not attempt to view, access or copy any material or data other than thatwhich you are authorized to access; and
– to the extent necessary for you to use the Service in accordance withthese Terms; and
– neither use the Service in a manner, nor transmit, input or store any Data,that breaches any third party right (including Intellectual Property Rights andprivacy rights) or is Objectionable, incorrect or misleading.
A breach of any of these Terms by your personnelis deemed to be a breach of these Terms by you.
You are responsible for procuring all licenses, authorizations and consentsrequired for you and your personnel to use the Service, including to use, storeand input Data into, and process and distribute Data through, the Service.
DATA
You acknowledge that: we may require access to the Data to exercise ourrights and perform our obligations under these Terms; and to the extent thatthis is necessary but subject to those terms, we may authorize a member ormembers of our personnel to access the Data for this purpose. You mustarrange all consents and approvals that are necessary for us to access theData.
You acknowledge and agree that we may use Data to generate anonymized andaggregated statistical and analytical data (Analytical Data); use AnalyticalData for our internal research and product development purposes and to conductstatistical analysis and identify trends and insights; our rights under willsurvive termination or expiry of these Terms; and title to, and allIntellectual Property Rights in, Analytical Data is and remains our property.
You acknowledge and agree that to the extent Data contains personalinformation, in collecting, holding and processing that information through theService, we are acting as your agent for the purposes of the GDPR regulationand any other applicable privacy law. You must obtain all necessaryconsents from the relevant individual to enable us to collect, use, hold andprocess that information in accordance with these Terms.
While we will take standard industry measures to back up all Data stored usingthe Service, you agree to keep a separate back-up copy of all Data uploaded byyou onto the Service. You indemnify us against any liability, claim,proceeding, cost, expense (including the actual legal fees charged by oursolicitors) and loss of any kind arising from any actual or alleged claim by athird party that any Data infringes the rights of that third party (includingIntellectual Property Rights and privacy rights) or that the Data is Objectionable,incorrect or misleading.
INTELLECTUAL PROPERTY
Subject to this clause, title to, and all Intellectual Property Rights in, theService, the Website, and all Underlying Systems is and remains our property(and our licensors’ property). You must not contest or dispute thatownership, or the validity of those Intellectual Property Rights.
To the extent not owned by us, you grant us a royalty-free, transferable,irrevocable and perpetual licence to use for our own business purposes anyknow-how, techniques, ideas, methodologies, and similar Intellectual Propertyused by us in the provision of the Service.
If you provide us with ideas, comments or suggestions relating to the Serviceor Underlying Systems (together feedback), all Intellectual PropertyRights in that feedback, and anything created as a result of that feedback(including new material, enhancements, modifications or derivative works), areowned solely by us; and we may use or disclose the feedback for any purpose.
You acknowledge that the Service may link to third party websites or feeds thatare connected or relevant to the Service. Any link from the Servicedoes not imply that we endorse, approve or recommend, or have responsibilityfor, those websites or feeds or their content or operators. To themaximum extent permitted by law, we exclude all responsibility or liability forthose websites or feeds.
CONFIDENTIALITY
Each party must, unless it has the prior written consent of the other partykeep confidential at all times the Confidential Information of the otherparty; Effect and maintain adequate security measures to safeguard theother party’s Confidential Information from unauthorised access or use; andDisclose the other party’s Confidential Information to its personnel orprofessional advisors on a need to know basis only and, in that case,ensure that any personnel or professional advisor to whom it discloses theother party’s Confidential Information is aware of, and complies with, thisclause.
Theobligation of confidentiality in this clause does not apply to any disclosureor use of Confidential Information for the purpose of performing a party’sobligations, or exercising a party’s rights, or due to a legalobligation. In this latter case, data may be shared with service providers or publicauthorities. This clause does not apply on information which is publiclyavailable through no fault of the recipient of the Confidential Information orits personnel which was rightfully received by a party from a third party without restriction andwithout breach of any obligation of confidentiality; or by us if required aspart of a bona fide sale of our business (assets or shares, whetherin whole or in part) to a third party, provided that we enter into aconfidentiality agreement with the third party on terms no less restrictivethan this clause.
WARRANTIES
Each party warrants that it has full power and authority to enter into, andperform its obligations under, these Terms.
To the maximum extent permitted by law, our warranties are limited to those setout in these Terms, and all other conditions, guarantees or warranties whetherexpressed or implied by statute or otherwise are expressly excluded and, to theextent that they cannot be excluded, liability for them is limited to USD500and we make no representation concerning the quality of the Service and do notpromise that the Service will meet your requirements or be suitable for aparticular purpose or be secure, free of viruses or other harmful code,uninterrupted or error free.
Where legislation or rule of law implies into these Terms a condition orwarranty that cannot be excluded or modified by contract, the condition orwarranty is deemed to be included in these Terms. However, ourliability for any breach of that condition or warranty is limited, at ouroption, to supplying the Service again; and/or paying the costs of having theService supplied again.
LIABILITY
Our maximum aggregate liability under or in connection with these Terms orrelating to the Service, whether in contract, tort (including negligence),breach of statutory duty or otherwise, must not in any Year exceed $500.Neither party is liable to the other under or in connection with these Terms orthe Service for any loss of profit, revenue, savings, business, use, data(including Data), and/or goodwill; or consequential, indirect, incidental orspecial damage or loss of any kind.
Neither party will be responsible, liable, or held to be in breach of theseTerms for any failure to perform its obligations under these Terms orotherwise, to the extent that the failure is caused by the other party failingto comply with its obligations under these Terms, or by the negligence ormisconduct of the other party or its personnel.
Each party must take reasonable steps to mitigate any loss or damage, cost orexpense it may suffer or incur arising out of anything done or not done by theother party under or in connection with these Terms or the Service.
TERM, TERMINATION AND SUSPENSION
Unless terminated under this clause, these Terms and your right to access anduse the Service starts on the Start Date; and continues until a party gives atleast 15 days notice that these Terms and your access to and use of the Servicewill terminate on the expiry of that notice.
Either party may, by notice to the other party, immediately terminate theseTerms and your right to access and use the Service if the other party breachesany material provision of these Terms and the breach is not remedied within 10days of the receipt of a notice from the first party requiring it to remedy thebreach; or capable of being remedied; or becomes insolvent, liquidated orbankrupt, has an administrator, receiver, liquidator, statutory manager,mortgagee’s or chargee’s agent appointed, becomes subject to any form ofinsolvency action or external administration, or ceases to continue businessfor any reason.
You may terminate these Terms and your right to access and use the Service.Termination of these Terms does not affect either party’s rights andobligations that accrued before that termination. On termination of theseTerms, you must pay all Fees for the provision of the Service prior to thattermination. No compensation is payable by us to you as a result of terminationof these Terms for whatever reason, and you will not be entitled to a refund ofany Fees that you have already paid.
Except to the extent that a party has ongoing rights to use ConfidentialInformation, at the other party’s request following termination of these Terms,a party must promptly return to the other party or destroy all ConfidentialInformation of the other party that is in the first party’s possession or control.
At any time prior to one month after the date of termination, you mayrequest: a copy of any Data stored using the Service, provided that youpay our reasonable costs of providing that copy. On receipt of thatrequest, we must provide a copy of the Data in a common electronicform. We do not warrant that the format of the Data will becompatible with any software; and/or deletion of the Data stored using theService, in which case we must use reasonable efforts to promptly delete that Data.
Without limiting any other right or remedyavailable to us, we may restrict or suspend your access to and use of theService and/or delete, edit or remove the relevant Data if we consider that youor any of your personnel have undermined, or attempted to undermine, thesecurity or integrity of the Service or any Underlying Systems used, orattempted to use, the Service for improper purposes; or in a manner, other thanfor normal operational purposes, that materially reduces the operationalperformance of the Service; transmitted, inputted or stored any Data thatbreaches or may breach these Terms or any third party right (includingIntellectual Property Rights and privacy rights), or that is or may beObjectionable, incorrect or misleading; or otherwise materially breached theseTerms.
GENERAL
Neither party is liable to the other for any failure to perform its obligationsunder these Terms to the extent caused by Force Majeure.
No person other than you and us has any right to a benefit under, or toenforce, these Terms. For us to waive a right under these Terms, that waivermust be in writing and signed by us.
We are your independent contractor, and no other relationship (e.g. jointventure, agency, trust or partnership) exists under these Terms. If we need tocontact you, we may do so by email or by posting a notice on theWebsite. You agree that this satisfies all legal requirements inrelation to written communications. You may give notice to us underor in connection with these Terms by emailing.
These Terms, and any dispute relating to these Terms or the Service, aregoverned by and must be interpreted in accordance with the laws ofSwitzerland. Each party submits to the non-exclusive jurisdiction ofthe Courts of Switzerland in relation to any dispute connected with these Termsor the Service. Clauses which, by their nature, are intended to survivetermination of these Terms continue in force.
If any part or provision of these Terms is or becomes illegal, unenforceable,or invalid, that part or provision is deemed to be modified to the extentrequired to remedy the illegality, unenforceability orinvalidity. If modification is not possible, the part or provisionmust be treated for all purposes as severed from these Terms. Theremainder of these Terms will be binding on you.
Any variation to these Terms must be in writing and signed by both parties.These Terms set out everything agreed by the parties relating to the Service,and supersede and cancel anything discussed, exchanged or agreed prior to theStart Date. The parties have not relied on any representation,warranty or agreement relating to the Service that is not expressly set out inthese Terms, and no such representation, warranty or agreement has any effectfrom the Start Date.
You may not assign, novate, subcontract or transfer any right or obligationunder these Terms without our prior written consent, that consent not to beunreasonably withheld. You remain liable for your obligations under theseTerms despite any approved assignment, subcontracting or transfer.
Fincapital Partners is a private investment club which provides private investment opportunities and financial services to its members.
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