DISCLAIMER, TERMS & CONDITIONS
ACCEPTANCE OF TERMS AND CONDITIONS
The purpose of this Disclaimer is to establish and regulate the rules of use of this Website, understanding by it all the pages and their contents, property of AGLAIA CAPITAL S.L.U. , which are accessed through the domain www.aglaiacapital.com. The use of the Website attributes the condition of user thereof, and implies the acceptance of all the General Conditions of Use reflected here. The aforementioned Conditions will be applied independently of the General Contracting Conditions that in their case are mandatory.
The User agrees to carefully read this Disclaimer on each of the occasions in which the intend to use our Website, since it and its conditions of use contained in this Disclaimer may be modified
In compliance with the duty of information contained in article 10 of Law 34/2002, of July 11, on Services of the Information Society and Electronic Commerce, the following data is reflected below:
• Business name: AGLAIA CAPITAL S.L.U.
• CIF: B88311105
• Address: Calle José Ortega y Gasset, 22, 5º, CP 28006 Madrid, Spain
• Telephone: +34 91 0472000
• Email: firstname.lastname@example.org
• Domain name: www.aglaiacapital.com
ACCESS AND USE OF THE WEBSITE
Provides access to various information about our entity, contact, hyperlinks to other websites or internet content, hereinafter content belonging to AGLAIA CAPITAL S.L.U. , or its licensors, to which the user may have access. The user assumes responsibility for the use of the Website. This responsibility extends to the registration that is necessary to access certain services or content, or to enable the response in relation to your queries in the contact sections of this Website. In said registration the user will be responsible for providing truthful and lawful information.
In any case, access, navigation and use of the Website is made under the sole and exclusive responsibility of the User, for which reason the latter undertakes to diligently and faithfully observe any additional instructions given by AGLAIA CAPITAL S.L.U. or by authorized personnel of AGLAIA CAPITAL S.L.U., regarding the use of the Website and its contents.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
AGLAIA CAPITAL SLU, by itself or as assignee, is the owner of all the intellectual and industrial property rights of its Website, as well as the elements contained therein (including: images, sound, audio, video, software or texts; marks or logos, color combinations, structure and design, selection of used materials, computer programs necessary for its operation, access and use, etc.). All rights reserved.
By virtue of the provisions of articles 8 and 32.2, second paragraph, of the Intellectual Property Law, the reproduction, distribution and public communication, including its method of making available, of all or part of the contents of this Website, for commercial purposes, in any medium and by any technical means, without the authorization of AGLAIA CAPITAL SLU . At no time, unless expressly stated otherwise, access, navigation or use of the Website or its content confers on the user any right over distinctive signs included in it.
The user agrees to respect the Intellectual and Industrial Property rights owned by AGLAIA CAPITAL S.L.U. In the event that the user sends information of any kind to AGLAIA CAPITAL S.L.U. through any of the channels enabled for it within our Website, the user declares, guarantees and accepts that he has the right to do so in complete freedom, that said information does not infringe any intellectual, industrial property right, or any other rights of third parties, and that said information is not confidential or harmful to third parties.
DISCLAIMER OF GUARANTEES AND RESPONSIBILITY
AGLAIA CAPITAL S.L.U. is not responsible, in any case, for damages of any nature that may be caused, by way of example, errors or omissions in the contents, unavailability of the Website, the transmission of viruses, malicious or harmful programs in the contents, or other defect that may affect any computer system of the User, even having adopted the necessary technological measures to avoid it.
This communication, the content, information and advice expressed on this Website should be understood as merely indicative and for informational purposes only. It is not intended to be an offer or request to buy or sell any financial instrument or an official confirmation of any transaction. All data and other information are not guaranteed as to their completeness or accuracy, and are subject to change without notice.
AGLAIA CAPITAL S.L.U. is not responsible and, to the maximum extent permitted by applicable law, excludes any warranties, express or implied, regarding the commerciality, suitability for a specific purpose, non-compliance, accuracy, reliability, integrity or currency of the content, services , products, texts, graphics, links or other elements included in the Website, or the results obtained from accessing and using the Website and / or its content, being exempt from any responsibility with those who make use of them.
On this Website, content, hyperlinks, and comments contributed by third parties, or other websites may be published. AGLAIA CAPITAL S.L.U. is not responsible for the veracity and accuracy of the same, being exempt from any responsibility with the users who make use of them.
AGLAIA CAPITAL S.L.U. reserves the right to modify the content of the Website without prior notice, and without any limitation. Likewise, the company declines any responsibility for any damages that may be caused by the lack of availability or continuity of this site and the services offered on it. Nor can we guarantee the absence of viruses or other elements on the Web that may cause alterations to your computer system.
AGLAIA CAPITAL S.L.U. declines any responsibility for the services and information provided on other sites linked to it, since it does not control or exercise any type of supervision on third party Websites. We advise the users of the same to act with caution and to consult the possible legal conditions that are exposed in said Websites. Likewise, Users who submit any type of information will ensure that it is truthful and that it does not violate any third party rights or current law. If you consider that any content or information on this Website violates a legitimate right or current law, we would be grateful if you would contact us through the means you deem appropriate, contacting the email address email@example.com, or on the phone number +34 91 0472000 so that we can take the appropriate measures.
Investing in cryptoassets, digital assets (“Tokens”) is not regulated, may not be suitable for retail investors and the entire amount invested may be lost. It is important to read and understand the risks of these investments.
The investments on Tokens can be of very high risk, even of loss of the totality of the invested. Tokens that may be acquired will not be held by entities legally authorized to provide investment services unless otherwise indicated and the distributed ledger technology that is intended to be used (“Blockchain”) is novel and may carry significant risks. As with any asset, the value of digital currencies can go up or down and there can be a substantial risk that you lose money buying, selling, holding, or investing in digital currencies. You should carefully consider whether trading or holding digital currencies is suitable for you in light of your financial condition. Investors in the cryptoassets should be aware of the possibility of a total loss of the investment, the high fluctuation risk of the cryptoassets and the limited tradability of the Tokens on secondary markets, which are themselves unregulated. Investors in the cryptoassets are responsible to keep their private keys safe in order to prevent loss or theft of the acquired cryptoassets.
AGLAIA CAPITAL S.L.U. considers that the main risks involved in investing in digital assets (“Tokens”) apart from the above mentioned are:
That the deposit clearing fund does not apply in the case of digital assets.
-That a digital asset is not legal tender.
-That transactions with digital assets may be irreversible, and that, consequently, losses due to accidental or fraudulent transactions may not be recoverable
-That the value of digital assets may derive from the continued willingness of market participants to exchange fiat money for digital assets, and that the value of a particular digital asset may be completely or permanently lost should the market for this digital asset disappear.
-That the volatility and unpredictability of the price of a digital asset in relation to fiat money can lead to significant losses in a short period of time.
The placement and custody of digital assets or cryptoassets (“Tokens”) that are considered as financial instruments (“Security Tokens”) can be carried out in Spain by the issuer itself, without the need for the intervention of investment services companies.
When AGLAIA CAPITAL S.L.U. considers disseminating advertising and the retail public is considered as the recipient in the private placement, the intervention of an investment services firm will be necessary, which will be limited to the validation and supervision in a general way of the offer, in particular, the information provided to investors and the procedure of placement or marketing, without participating in each subscription or acquisition.
When AGLAIA CAPITAL S.L.U. places or holds tokens that are considered financial instruments, it may treat them as negotiable securities represented by their registration with Blockchain technology. However, AGLAIA CAPITAL S.L.U. does not see the trading of tokens in Spanish regulated markets, or SMN (“Multilateral Trading Systems”) such as, for example, the MAB (“Alternative Stock Market”), or SOC (“Organised Contracting System”), due to the limitations of the current Securities Market Law regarding the way in which securities must be represented for trading in official secondary markets by means of entries in account and record keeping by a central securities depository.
According to Article 34 of the Securities Market Law, securities may only be offered to the public or admitted to trading on a regulated market after the prior publication of a prospectus in accordance with Regulation (EU) No 2017/1129, without prejudice to Article 1(4) and (5) of the Regulation.
Among others, the obligation to publish a prospectus shall not apply to the following types of securities offers to the public:
– offers of securities addressed exclusively to qualified investors;
– offers of securities to fewer than 150 natural or legal persons per Member State, excluding qualified investors;
– offers of securities with a denomination per unit of at least EUR 100 000;
– offers of securities addressed to investors who acquire securities for a total amount of at least EUR 100 000 per investor in each individual offer;
There shall be no obligation to publish a prospectus where offers of securities are not subject to notification in accordance with Article 25 of that Regulation (EU) No 2017/1129, and the total amount of each such offer in the Union is less than EUR eight million, a limit to be calculated over a period of twelve months, in accordance with Article 3.2 of Regulation (EU) No 2017/1129 of the European Parliament and of the Council of 14 June 2017.
The trading of Tokens issued in Spain on non-Spanish markets are not limited by the CNMV, since the restrictions indicated in the previous paragraph only apply to Spanish trading venues. It will be the law and the competent authority of the country where the market in which these tokens are to be traded that determine the requirement of a specific form of representation of the securities for their negotiation in that market.
For those tokens or other crypto-assets that by their nature cannot be considered as negotiable securities (known as “Utillities”), the CNMV does not require specific requirements to constitute a trading platform (“Exchange”) of these tokens or crypto-assets, as there is currently no own regulation on these Platforms or their activity. However, in these cases, where appropriate, AGLAIA CAPITAL S.L.U. will also apply the regulations on the prevention of money laundering and all those principles of the securities market regulations that it deems appropriate in order to guarantee the proper functioning of its activity.
The “White Paper” “per se” related to the Tokens may not be an Information Prospectus nor have they been subject to any type of review by the National Securities Market Commission (“CNMV”) or any other administrative authority. An investment firm shall carry out “a general supervision of the process and validate the information to be provided to investors, which shall be clear, impartial and not misleading and refer to the characteristics and risks of the transferable securities issued, as well as to the legal and economic-financial situation of the Issuer in a manner sufficiently detailed to allow the investor to make an informed investment decision”. In each Issue, the Investment Services Firm (“ESI”), a Financial Advisory Firm (“EAF”), supervised by the National Securities Market Commission, shall be specifically designated to carry out the above functions.
AGLAIA CAPITAL S.L.U. may dispense with the validation of the information for the investors of the authorized entity, provided that it includes prominent warnings about the novel nature of blockchain registration technology, and the fact that the custody of financial instruments is not carried out by an entity authorized to provide investment services.
DURATION and MODIFICATION
AGLAIA CAPITAL S.L.U. reserves the right to make the modifications it deems appropriate on its Website without prior notice, and on the current Legal notice when it deems appropriate, being able to change, delete or add both the content and services provided through it as well as the form in which these appear presented or located on your Website.
The temporary validity of these conditions of use coincides, therefore, with the time of their exposure, until they are totally or partially modified, at which time the modified conditions of use will come into force.
LINKS TO THIRD PARTY WEBSITES
In the event that links or hyperlinks connected to other Internet sites were put into operation on behalf of the domain, AGLAIA CAPITAL S.L.U. will not exercise any type of control over said sites and content.
In the event that links or hyperlinks connected to other Internet sites AGLAIA CAPITAL S.L.U. were put into operation on behalf of the domain. will not exercise any type of control over said sites and content. In no case AGLAIA CAPITAL S.L.U. will assume any responsibility for the contents of any link belonging to a third party website, nor will it guarantee the technical availability, quality, reliability, accuracy, breadth, veracity, validity and constitutionality of any material or information contained in any of said hyperlinks or other sites of Internet. Likewise, the inclusion of these external connections will not imply any type of association, merger or participation with the connected entities.
The user acknowledges and accepts that AGLAIA CAPITAL S.L.U. will not be responsible for the losses or damages that the user may incur as a result of the availability of the aforementioned websites or external resources, or as a consequence of the credibility that he grants to the exhaustiveness, precision or existence of any type of advertising, products or other materials offered through said website or other resources.
RIGHT OF EXCLUSION
AGLAIA CAPITAL S.L.U. reserves the right to deny or withdraw access to the Website, or to the services offered without prior notice, at its own request or by third parties, to those users who fail to comply with these General Conditions of Use.
Any communication between AGLAIA CAPITAL S.L.U. and the User, they must contact the Entity at the postal and / or electronic address indicated above. In any case, communications from AGLAIA CAPITAL S.L.U. to the User will be made in accordance with the contact data provided or provided. The User expressly accepts the use of email as a valid procedure for exchanging information and sending communications between and / or with the User.
The headings of the different clauses are only informative, and will not affect, qualify or modify the interpretation of the Legal Notice.
In the event of a discrepancy between what is established in this Legal Notice and the particular conditions that, where appropriate, may be established with respect to the products or services offered on the Website, the provisions of the particular conditions shall prevail.
In the event that any provision or provisions of this Legal Notice is (are) considered null and void or inapplicable, in whole or in part, by any Court, Court or competent administrative body, said nullity or non-application will not affect the other provisions of the Legal Notice or the particular conditions that, where appropriate, may have been established.
This Legal Notice and the relationship between AGLAIA CAPITAL S.L.U. and the User will be governed by current Spanish regulations. And whenever the regulations in force for this purpose establish the possibility for the parties to submit to a specific jurisdiction, any controversy between the person responsible for the Website and the User will be submitted to the Courts and Tribunals of the city of Madrid.
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