1. PURPOSE OF THE WEBSITE
The purpose of the Website is to provide You with useful information on the activities, products and latest news of PixCapital. In this respect, please note that the Website is not intended to make PixCapital act as a broker or dealer with respect to securities whatsoever.
2. ENTRY INTO FORCE AND DURATION
These T&Cs lay down the conditions pursuant to which You are entitled to access and use the Website. As such, the T&Cs constitute a contractual agreement between You and PixCapital.
These T&Cs shall apply from Your first access to the Website and shall remain applicable as long as You use the Website.
If You are a Registered User, please note that You shall remain bound by the provisions specifically dedicated to Registered Users as long as You benefit from a Registered User profile. In practice, this means that You shall comply with these provisions even when You are not actually browsing the Website (e.g. You must keep Your Login and Password personal even when You are not browsing the Website).
3. DEFINITIONS
“PixCapital” means PixCapital, a “société à responsabilité limitée” located 1A, Heienhaff, L-1736 Senningerberg in Luxembourg.
“Intellectual Property Rights” means trademarks, service marks, rights in trade names, business names, logos or get-up, patents, petty patents, utility models, supplementary protection certificates, rights in inventions, registered and unregistered design rights, specifications, schematics, diagrams, copyrights, semi-conductor topography rights, database rights, rights in domain names and URLs, rights to sue for passing off and in unfair competition, rights in opposition proceedings and all other similar rights in any part of the world including, where such rights are obtained or enhanced by registration, any registration of such rights and applications and rights to apply for such registrations, including any right in priority attached thereto.
“Newsletter” means the PixCapital newsletter You can subscribe to thanks to the Website.
“T&Cs” means these terms and conditions, including any document incorporated therein by reference, and any subsequent versions thereof.
“You; Your; Yourself” means you as a user of the Website.
“Website” means the website accessible at the following address: pixcapital.vc.
4. NATURE OF THE INFORMATION PROVIDED ON THE WEBSITE
To the exception of these T&Cs, please note that the information on the Website shall not be regarded as information of a contractual nature and nothing on the Website should be construed as an offer, invitation or general solicitation to buy or to sell products, or as a recommendation and/or invitation to tender, or as a public offering of securities.
The information available on the Website is provided solely for informational purposes. Even though PixCapital strives to publish complete, accurate and up-to-date information on the Website, PixCapital does neither represent nor warrant that such information is ultimately complete, accurate, up-to-date and/or fitted to Your particular situation as of the date You access it.
As a result, You shall take any and all steps to check and verify the completeness, accuracy, validity and suitability of any and all information accessible on the Website.
Besides, please be aware that the information on the Website does not constitute an investment recommendation or advice of any kind whatsoever and may not be appropriate to Your individual requirements, needs and situation. Please keep in mind that investments in private equity expose investors to risk.
In this respect, You are hereby expressly informed that past performance is no guarantee of future results and that, as the value of the units depends on the value of the securities held in the portfolio, the value of investments can fall as well as rise. This means that investors, including You, may not recover the whole or part of the amount of their initial investment and no guarantee of income is given.
5. YOUR RIGHTS AND OBLIGATIONS
Subject to Your strict compliance with the T&Cs, PixCapital grants You a personal, worldwide, free of charge, non-assignable, non-sublicensable and revocable license to use the Website. As a result, You shall use the Website for Your personal purposes only, excluding notably any commercial use without the prior written consent of PixCapital.
While using the Website, You shall refrain from any act and/or omission which could: (i) impair the proper functioning of the Website; (ii) damage PixCapital’ s interests, rights and/or reputation; (iii) damage third parties’ interests, rights and/or reputation; (iv) be contrary to public order; and (v) be deemed and/or held illicit, illegal or amounting to a contractual breach.
You shall refrain from:
- copying, modifying, communicating, creating derivative work or reproducing whole or part of the Website’s content without PixCapital’s prior written consent;
- disturbing, hindering and/or preventing the proper functioning of the Website by actions or omissions of any kind whatsoever (notably by downloading viruses or malicious code whatsoever or by performing hacking activities of any nature);
- downloading, uploading, using, sharing and/or communicating any content infringing, or likely to infringe, intellectual property rights of PixCapital or third parties, whatever their kind;
- using software and/or automated systems to scan and to extract from the Website information and content and/or to understand the browsing structure, functioning or display of the Website;
- performing vulnerability and/or penetration testing on the Website;
- sharing with PixCapital (or any persons acting on its behalf) any information of any kind whatsoever that is: (i) inaccurate, false or misleading; (ii) likely to violate third-parties’ rights, including notably third-parties’ Intellectual Property Rights; (iii) denigrating, defamatory and/or insulting (e.g. racist or homophobic language);
- violating any legal and/or regulatory rules or requirements applicable;
- fostering or promoting any activity violating these T&Cs;
- usurping or attempting to usurp someone else’s identity.
PixCapital reserves the right to take any action it may deem appropriate (including notably investigating and bringing legal action) to remedy Your non-compliance with Your obligations as specified under these T&Cs.
6. INTELLECTUAL PROPERTY
The whole elements constituting the Website and the Newsletter (including, without limitation, software, data, databases, texts, images, videos, logos, brands, trademarks, graphs, photographs, etc.) are protected by Intellectual Property Rights and are the exclusive property of PixCapital or of third parties from which PixCapital was granted the necessary rights.
As a result such elements are strictly intended for Your personal use and cannot be reproduced, altered, modified, copied, downloaded or communicated to third parties otherwise than as expressly authorized under these T&Cs, in whole or in part, for commercial or non-commercial purposes, on any medium, without the prior written consent of PixCapital.
Any breach of the provisions specified in the above paragraph is deemed counterfeiting and can lead You to incur civil and/or criminal liability pursuant to the provisions of the Luxembourg Intellectual Property Code.
In any event, You hereby expressly acknowledge and accept that using the Website and receiving the Newsletter cannot: (i) result in any transfer of ownership, for Your benefit, with respect to whole or part of the Website and/or the Newsletter; and (ii) grant You any license whatsoever exceeding what is strictly necessary for Your sole access to and consultation of the Website and the Newsletter.
7. LIABILITY
Please note that the Website and the Investor Section are provided on an “as is” basis. Except as expressly specified otherwise in these T&Cs, all express or implied warranties or representations are excluded to the fullest extent permissible by applicable law.
In this context, You shall bear sole and exclusive responsibility for using any information available on the Website and the Newsletter before making any decisions or taking any actions based on such information.
You acknowledge and agree that access to and use of the Website and/or the Newsletter is at Your own risk. To the fullest extent permissible by applicable law, PixCapital excludes its liability for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting from or arising out of Your access to and use of the Website and/or the Newsletter, including notably any information, opinions and content accessible thereon.
Despite PixCapital’ s commercially reasonable efforts, technical errors and malfunctions may occur. These could result, for example, from restricted access to or faulty reproduction of information, caused by either the Website itself or the actions of third parties. PixCapital shall not be liable, on any grounds whatsoever, for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting or arising out of such technical errors and malfunctions.
Notwithstanding the foregoing, nothing in these T&Cs shall limit or exclude PixCapital’ s liability for (i) wilful misrepresentation or (ii) gross negligence.
You agree to indemnify, defend and hold harmless PixCapital from and against all claims, liabilities, demands, damages, losses or expenses, including notably legal fees and costs, resulting from or arising out of Your improper access to or use of the Website and/or any breach of these T&Cs attributable to You.
Except as specifically agreed in writing by a PixCapital entity, NO PIXCAPITAL CAPITAL, INDIVIDUAL OR ENTITY SHALL HAVE ANY LIABILITY BASED UPON YOUR USE OF, OR RELIANCE UPON, THIS WEBSITE OR THE MATERIALS. Some jurisdictions limit our ability to disclaim liability. With regards to those jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
8. ACCESSIBILITY OF THE WEBSITE
PixCapital does not warrant that Your access and use of the Website will be uninterrupted, timely and free from errors, malfunctions, viruses and malicious codes of any kind whatsoever.
9. DATA PROTECTION
For Your perfect information, please note that information enabling to identify You directly or indirectly (hereinafter “Personal Data”) is processed by PixCapital in relation to Your use of the Website, including by means of cookies.
To know more about the processing of cookies by PixCapital, please refer to the cookies policy.
10. LINKS TO OTHER WEBSITES
The Website may display hypertext links redirecting to pages and websites published, in whole or in part, by third parties which are not related to PixCapital.
In this respect, please note that PixCapital neither has any control over the content published by such third parties nor monitors such content. As a result, PixCapital shall in no event be held liable in respect of any content published by third parties whatsoever.
You are hereby invited to read the terms and conditions governing third-party pages and websites You access after clicking on hypertext links displayed on the Website.
Links redirecting to the Website are only allowed subject to the express prior written consent of PixCapital.
11. SECURITY
PixCapital cannot guarantee the confidentiality of any of Your information passing over the Internet network. By accessing and using the Website (or the Investor Section if You are a Registered User), You expressly acknowledge and accept that electronic communications may not be free from interferences with third parties.
PixCapital shall in no event be liable for any damages, losses, costs, expenses and loss of profit, of whatever nature and kind, resulting from or arising out of such interference with third parties through the Internet network.
12. LOCAL RULES AND REGULATIONS
The laws and regulations of the country from which You access the Website may contain restrictions on the distribution of the information the Website contains. If this is the case, this information may not be distributed or used by any natural person or legal entity. Such natural persons and legal entities shall be obliged to inform themselves of and to observe any such restrictions.
In accordance with the obligations set out in Chapter 8 of the MIFIDPRU Sourcebook (“MIFIDPRU 8”) in the Financial Conduct Authority (“FCA”) Handbook, please find hereafter our MIFIDPRU 8 Disclosure.
As PixCapital’s product range comprises various funds, please read the specific disclaimers relating to these various funds.
13. COMPLAINTS
PixCapital has established and maintains an effective procedure for the reasonable and prompt handling of Your complaints. Any complaint can be sent to info [at] pixcapital.vc.
14. UPDATE OF THESE T&CS
PixCapital reserves the right to amend these T&Cs from time to time. In such a case, PixCapital shall inform You by any means PixCapital deems appropriate, including for example by an announcement displayed on the Website (e.g. pop-up appearing on the Website where You access it for the first time following the amendment of the T&Cs).
In any event, You are expressly invited to regularly check these T&Cs to ensure that You are aware of any amendments thereto. Please note that the amended T&Cs shall be deemed applicable from their date of publication on the Website and You shall be deemed bound by the amended T&Cs upon each access to the Website following the publication of the amended T&Cs thereon.
In the event You do not accept whole or part of the amendments made to the T&Cs, You must immediately stop and refrain from further using the Website and, if You are a Registered User, including the Investor Section.
15. ASSIGNMENT
PixCapital reserves the right to assign all or part of its rights and obligations under these T&Cs to any third party of its choice, which You hereby acknowledge and accept unconditionally.
16. SEVERABILITY
In the event any part of these T&Cs is found to be unenforceable or invalid by a competent court, such decision shall not invalidate or void the remaining provisions thereof.
In such a case, the T&Cs shall be deemed amended to the extent necessary to render them enforceable and valid while preserving their intent.
17. GOVERNING LAW AND JURISDICTION
These T&Cs shall be governed by Luxembourg law. Any claim or dispute resulting from or arising out of Your use of the Website shall be submitted to the exclusive jurisdiction of the competent courts of Luxembourg.
