Access to our Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend access to or use of the Website for any reason without notice. We will not be liable to you or any third party if for any reason the Website is unavailable at any time or for any period.
Your use of the Website
You may use the Website only for lawful purposes. You may not use the Website:
- in any way that breaches any applicable law, regulation or code of practice;
- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- for the purpose of harming or attempting to harm minors in any way;
- to send, knowingly receive, upload, download, use or re-use any material which:
- is defamatory, obscene, hateful, discriminatory or inflammatory;
- promotes violence, discrimination or illegal activity; or
- infringes any intellectual property right, right of confidentiality or right to privacy;
- to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
- to generate and/or cause congestion to our network traffic in excess of reasonable and normal usage;
- to cause any disruption, interference, interruption or degradation in our network, the Website; or
- to knowingly transmit any data, send or upload any material that contains any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other technologically harmful programs, data or code.
You also agree:
- not to access without authority, interfere with, damage or disrupt:
- any part of the Website;
- any equipment or network on which the Website is stored;
- any software used in the provision of the Website; or
- any equipment, network or software owned or used by any third party in connection with your use of the Website.
From time to time, we may without penalty or liability, restrict access to some parts of the Website, or the entire Website, to users who have registered with us, at our sole and absolute discretion and without providing any reasons.
Intellectual Property Rights in the Website
We are the owner or the licensee of the copyright and all other Intellectual Property Rights subsisting in the Website and its content. Nothing herein or otherwise shall be construed as an assignment or transfer of our rights in the Intellectual Property Rights subsisting in the Website and its content. All our rights in respect of such Intellectual Property Rights are fully and expressly reserved.
For the avoidance of doubt, “Intellectual Property Rights” mean any copyright, rights in software, rights in databases, patents and rights in inventions, trade marks, rights in domain names, designs, know-how, trade secrets and other rights in confidential information, in each case whether registered or unregistered including applications for registration and the right to apply for registration for any of the rights listed above that are capable of being registered anywhere in the world, and all other rights having equivalent or similar effect anywhere in the world.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
The content available on the Website may not be reproduced, distributed, transmitted, published, displayed, broadcast, stored, adapted, licensed, altered, hyperlinked or otherwise used in any manner or by any means without our prior written consent. You may not, without our prior written consent, insert a hyperlink to our Website (or any part thereof) on any other website or “mirror” or frame any content available on our Website on any other server or website.
No license or right is granted to you, and your access to the Website and/or use of Website, should not be construed as granting, by implication, estoppel or otherwise, any license or right to use the trademarks, tradenames or logos appearing on our Website.
Reliance on information
Commentary and other materials or information posted on or otherwise made available via our Website are not intended to amount to advice on which reliance should be placed. We do not warrant the accuracy or completeness of any information or materials on this Website or the reliability of any statement or other information displayed or distributed through the Website. We therefore exclude all liability and responsibility arising from any reliance placed on such materials or information by you, or by anyone who may be informed of any of its contents, and you acknowledge that any reliance on any such statement or information shall be at your sole risk.
Use of your personal data
This Website and the information and content contained on it are provided “as is” without any representation or endorsement made and, to the maximum extent permitted by law, without warranty, representation, guarantee, condition or assurance of any kind whether express or implied (including without limitation any warranty that the Website will be uninterrupted, available, defect-free or error-free, that the information and content contained on it is accurate, complete or of a satisfactory quality, and/or that the content contained on the Website does not infringe the Intellectual Property Rights of any third party).
The Website does not provide investment advice and recommendations or offer securities for sale. Any content provided on the Website is made available for informational purposes only. You acknowledge that Aquilius has not considered or assessed the investment objectives or financial situation of any class of persons. As such, Aquilius and its affiliates exclude and disclaim all liability for the use or interpretation of information contained on the Website or for any loss arising whether directly or indirectly due to any person acting on any information contained on the Website.
The products and/or services offered by Aquilius referred to on the Website may not be available in your country. Nothing on the Website shall be construed by you as a promotion or solicitation for any product or for the use of any product that is not authorised by the laws and regulations of the country in which you are located. Access to the Website may not be permissible by certain persons or in certain countries. All access to the Website is done at your own risk.
To the maximum extent permitted by law, we, any of our group companies, officers, directors, employees and shareholders and agents hereby expressly exclude and disclaim any and all liability for:
- any loss, damage or costs, whether direct or indirect, incurred or suffered by you or any third party in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, including but not limited to any pure economic loss; or any loss of or damage to your hardware, data or information;
- the content, information and material posted or made available on our Website;
- any loss or damage due to any interruption or cessation of transmission of the Website;
- any loss or damage due to any bugs, viruses, Trojan horses or similar malware which may be transmitted to or through the Website and the information and content contained on it by any third party
- any websites linked to our Website; and
- any loss of any business of yours, including but not limited to loss of income or revenue, loss of business, loss of opportunity, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
The security of communications sent over the internet (including by e-mail) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications.
We shall have no liability for your inability to connect to or to access the Website which may result from any faults, errors or problems relating to your PC hardware, software, network or security, or your internet service provider or any other similar problem.
Suspension and termination
- immediate, temporary or permanent withdrawal of your right to use or access the Website or any part of it;
- issuance of a warning to you;
- further legal action against you; and/or
- disclosure of such information to law enforcement or regulatory authorities as we reasonably feel is necessary or as required under applicable law.
Viruses, hacking and other offences
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You further agree not to upload or launch any automated systems or software onto or within our Website, such as “robots” or “spiders”. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.
We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of any such breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect or affect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted or otherwise made available on it, or on any website linked to it.
Links from our Website
The Website may contain links to other websites and resources operated by third parties or our affiliates. These links are provided for your information only. We have no control over the content of and the information contained in those websites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Use of such websites is subject to the terms and conditions applicable to and displayed on such websites.
Applicable law and Jurisdiction