1. Site Ownership, Authorisation and Copyright
This site is the property of, and has been produced by, Balux Capital s.à r.l. (BC). Unless otherwise stated, all copyright, design rights and other intellectual property rights in documents, graphics and other materials on this site are owned by BC. All rights are reserved.
2. Site Access and Use
Access to and use of this site is subject to control and monitoring
by BC. By accessing this site you agree to be bound by these Legal
Terms. These Legal Terms may be amended, restated or otherwise
varied by BC without notice. Any changes, modifications, additions
to or deletions from these Legal Terms shall be effective upon
posting on this site. If you use this site after we post changes
to these Legal Terms, you accept the Terms as changed. At our discretion
(subject to your registration) entities of BC may provide you news
and information services. You agree to comply with the conditions
imposed on your use of the services, as set out in these terms
and conditions and elsewhere in our site. These services may be
provided by a third party. Any such services are provided on an ‘as
is’ basis and with no intention to create a legal relationship between
us. We do not accept responsibility for their content, or for any
delays, interruptions or errors in the provision of these services.
The site is provided ‘as is’ and may be restricted, interrupted,
withdrawn, varied, terminated, discontinued, suspended, updated, extended,
re-formulated or re-introduced by BC at any time. Access if given
may be withdrawn at any time without the giving of notice.
3. No Offer and No Solicitation
The information, material and applications presented in this site
are provided to you for information purposes and nothing contained
on this site should be considered as an offer or a solicitation to
sell or an offer or solicitation to purchase any of the products as
described on this site. Products described on this site are only available
via appropriate financial advisers. The products described on this
site are therefore limited in all jurisdictions to the extent that
applicable law so requires. In the event that you purchase any product
referenced in this site, such product shall be governed by, and construed
in accordance with, its terms. In any event these pages and any presentation
linked thereto shall not in any circumstance form any representation,
warranty or inducement in respect of any contract later entered into
between you and any part of BC.
4. Brochureware
This is a ‘brochureware’ site. This means that all information displayed
on the site’s pages is for information purposes only. All pricing
levels and valuations published on this site are indicative only
and may be amended, varied or modified without notice. No representation
is made that any trade can be executed at these prices. While we
seek to ensure that the information appearing on the site pages
and any materials available for download on this site is correct
and up to date as of the date upon which they were issued, we give
no warranty, express or implied as to their or its accuracy, timeliness,
suitability or completeness or that it is up to date. We hereby
expressly disclaim to the extent permitted by applicable law and/or
regulation all warranties express or implied, regarding the site
and any results to be obtained from the use of the site including
but not limited to any implied warranties of merchantability, satisfactory
quality, fitness for particular purpose or use, originality, accuracy,
completeness and non infringement and all warranties arising from
course of performance, course of dealing and/or usage of trade
or their equivalents under applicable laws and/or regulations of
any jurisdiction. As regards pricing and valuation, user’s should
note that these have most likely been computed using proprietary models
of BC or its providers. These models are designed bearing recognised
financial principles in mind and are designed to operate within
current market parameters; however, BC does not represent or warrant
the accuracy of such principles or parameters or any result generated
by such models. Prices which appear contain herein should not be
relied on for the purposes of valuation and neither BC nor any connected
person accepts any liability whatsoever for any direct, indirect,
or consequential loss arising from any use of the information or
its contents. We do not accept any liability for error or omission
or inoperability of this site and nor shall we be liable for any other
damages (including damages for consequential loss or loss of profits)
howsoever arising from the use of this site. Specifically, information
(such as, without limitation, information pertaining to taxation)
may become out of date due to the elapse of time. Information,
once loaded on to the site should only be considered current as at
the date of initial publication appearing thereon and cannot be relied
up as being up to date on the date on which you may access the
information. We maintain the right to delete or modify information
on this site without notice. Unless otherwise stated, all estimates
and opinions included on this site (including in documents available
for download from this site) reflect the judgement of BC as at the
date they were published and may be subject to change without notice.
5. No Advice
This site does not constitute advice regarding prospective purchases,
sales or other transactions effected in or with regard to the products
described on this site or with regard to the timing of any such transactions
or any decision to refrain from entering into such transactions. The
information appearing on the site pages and any materials available
for download on this site do not constitute financial or other professional
advice and should not be relied upon as such. Prospective investors
should consult their own individual independent financial advisors
who will advise them in light of their individual circumstances. The
information on our site does not constitute a recommendation to buy,
sell or otherwise affect any transactions or to refrain from so acting.
6. Conflicts of Interest
Conflicts of interest are managed and mitigated against through a
number of methods such as procedures to identify possible conflicts,
disclosure to the client, establishing internal arrangements such
as ‘Chinese Walls’ and segregated reporting lines.
7. Historical Performance
Past performance is not indicative of future results and no representation
or warranty, express or implied is made regarding future performance.
Additionally, currency fluctuations between the currency applicable
to the relevant financial product and any base reporting currency applicable
to its holder may produce a negative performance even if the financial
product would otherwise produce a positive result. Investors in products,
the values of which are influenced by currency volatility, effectively
assume this risk. Holders should also take into account the impact of
inflation when considering historical performance.
8. Electronic Media
8.1 Reputational Risk
Our reputation is the most vital asset in our
business to protect; and the hardest to replenish. You agree that
in your use of this website you will act in a reasonable commercial
manner and will not use our services for any purpose which is unlawful,
abusive, harassing, defamatory, obscene or threatening. You will
not solicit our customers or others or participate in the solicitation
of our customers or others for any purpose. You will not upload, post,
reproduce or distribute any information, software or other material
protected by copyright or any other intellectual property right (as
well as rights of publicity and privacy) without first obtaining
the permission of the owner of such rights. Nor will you in any way
express or imply that the opinions in your electronic communications
are endorsed by us without our prior written consent.
8.2 Site Security
Despite our best endeavours to ensure security of our site, it is
possible that the law will change or that commercial pressures will
dictate that we should enter into arrangement such that under certain
circumstances law enforcement agencies may be authorised to decode
messages sent between us. You agree that you have no objection to us
entering into any such arrangements. Although we may use encryption
technology, we do not warrant the security of any communications between
us via the Internet. Further communications over the internet and by
e-mail cannot be guaranteed to be secure. Persons communicating in such
manner should consider the appropriateness of such communications in
such manner given the risks regarding confidentiality, the timing of
messages and errors in internet delivery.
8.3 Hyperlinks
We accept no responsibility for the content of any site, other than
this site, to which a hypertext link from this site exists. Any
links are provided on an ‘as is’ basis with no warranty, express
or implied, for the information provided within them.
8.4 Downloads
You may download or print copies of information contained within
the site for your own private use only; however, all other copying,
reproducing, transmitting, distributing or displaying of material on
the site (by any means and in whole or in part) is prohibited without
prior permission in writing.
8.5 Cookies
The term ‘cookies’ refers to text-only string that is entered directly
by this site into the memory of your internet browser. Users are
reminded that when accessing this site, cookies may be temporarily
stored on the User's computer or accessed via the User's computer or
network which enable BC to identify the computer which is accessing
this site and thereby to provide short-cut in navigation around the
site for the benefit of Users. To stop cookies being placed on your
terminal equipment please refer to your specific internet browser for
instructions. In some cases, blocking cookies may reduce the functionality
of the site or prevent access to it depending on your chosen browser
options.
9. Data Management
BC may collect personal data through your use of this site. Any such
data will be subject to the protections afforded by law to data subjects
in the EU. By accessing this site you acknowledge and agree that to
the extent permitted by law, any such personal data may be used for
marketing purposes by BC.
10. Severability
If at any time any provision (or part of any provision) of these
Legal Terms is, or becomes, illegal, invalid or unenforceable in any
respect under the law of any jurisdiction, that shall not affect the
legality, validity or enforceability in that or any other jurisdiction
of any other provision (or any other part of this provision) of these
terms.
11. Law and Jurisdiction
11. 1 Contract (Rights of Third Parties) Act 1999
No rights are conferred on any person under the Contracts (Rights
of Third Parties) Act 1999 to enforce any of these Legal Terms. This
does not affect any right or remedy of any person which exists or
is available apart from that Act.
11.2 Governing Law
These Legal Terms are exclusively governed by and shall be construed
in accordance with Luxembourg law.
11.3 Jurisdiction
You hereby irrevocably agree that the courts of Luxembourg are to
have exclusive jurisdiction to settle any disputes which may arise
out of or in connection with these Legal Terms and that accordingly
any proceedings arising out of or in connection with these Legal Terms
shall be brought in such courts.
