Conditions of Use
Definitions:
“Agreement” means these Conditions of Use, as updated from time to time, and any other terms and conditions set forth on this Website, comprising the agreement between Amaltheia and the User.
“Affiliates” means any subsidiary or parent company of a company or any other subsidiary of such parent or any entity that in any other way acts as if it were a parent, subsidiary or subsidiary of a parent company;
“Amaltheia Financial Group” means the collective group of companies operating under the Amaltheia banner, including but not limited to Amaltheia Capital Ltd, Amaltheia LLP, and Amaltheia Invest Ltd, including their respective Affiliates and/or investment vehicles, together and independently
“Amaltheia”, “we” or “us” means one or more of the entities within the Amaltheia Financial Group together or independently.
“Cookies” means small data a small piece of data sent from a website and stored on the User's computer by the User's web browser.
“Information” means any information, or any part thereof, in any format provided by or found on the Website, including but not limited to the displays, content, text, photographs, graphics and the general look and feel of the Website.
“Intellectual Property” means all present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and all other proprietary rights of any type under the laws of any jurisdiction, including without limitation rights in and to all applications and registrations.
“User” and/or “you” means a person who has accepted this Agreement by visiting the Website.
“User Information” means any material, information and data, or any part thereof, provided in any format by the User on this Website or to Amaltheia.
“Website” means this website found at www.AmaltheiaFinancial.com and any other websites affiliated with it.
Electronic Communications:
When visiting this Website or sending information to Amaltheia, you are communicating electronically. By doing so, you are consenting to receive electronic communications from Amaltheia and you hereby confirm that all such electronic communications and notices satisfy any legal requirements for written notice to be given to you, including notice of any material changes to the Website or this Agreement.
Cookies:
This Website may collect information automatically about your visit to the Website by the use of Cookies. We will only use Cookies which are strictly necessary to operate the Website and/or enable us to identify the User. You hereby accept the use of such Cookies.
Intellectual Property:
The Information is the Intellectual Property of Amaltheia. You agree to not infringe or violate the Intellectual Property or other proprietary rights of Amaltheia and to comply with all reasonable written requests made by Amaltheia or its representatives to protect its contractual, statutory and common law rights in the Information and the Website. The Information shall at all times be and remain the sole and exclusive Intellectual Property of Amaltheia. All present and future rights in and title to the Information and the Website, including but not limited to the right to exploit the Website and any portions of it over any present or future technology, are reserved to Amaltheia.
No Offer or Advice:
The Information is provided for informational purposes to qualified corporate and professional counterparties only and are not intended to be, and should not be, used or considered as an offer, recommendation or a solicitation to sell, or an offer, recommendation or solicitation to buy or subscribe to any financial instruments, investment management services or advisory services. This Website is not intended to provide investment, tax or legal advice. Amaltheia does not represent that any securities, financial instruments, products or services that may be presented or mentioned on this website are suitable or appropriate for the reader. Any decisions based on Information are your sole responsibility. Prior to the execution of any transaction involving Information, you should consult a business advisor, attorney, and/or tax and accounting advisors with respect to the price, suitability, value or other aspects of any security or other investment.
Restrictions on Use:
You may download and/or print a copy of such parts of the Information and/or the Website that you may reasonably require for your own personal non-commercial use only, provided that any such copy has attached to it the relevant proprietary notices and this Agreement. You may not copy, reproduce, republish, upload, download, post or transmit, distribute, reuse, report or use any Information in any way for any other purpose, including public or commercial purposes, without Amaltheia’s prior written authorization.
You may not use the Information or the Website for any illegal purpose or in any manner inconsistent with this Agreement.
The Website and the Information may not be used to construct a database of any kind, nor may the Website or the Information be stored, in its entirety or in any part, in databases for access by you or any third party or to distribute any database containing all or part of the Website, without Amaltheia’s prior written authorization.
You agree to notify Amaltheia in writing promptly upon becoming aware of any unauthorized use of the Website or the Information by any person by email to [email protected].
Data Protection:
Amaltheia takes the privacy of its users seriously and is committed to safeguarding the privacy of its clients. Amaltheia may collect User Information through/from the contact forms completed by you and from other details you provide to Amaltheia. The elements of User Information that Amaltheia may collect include: name, job title, company name, company address, telephone number, mobile telephone number, company or personal e-mail address. Amaltheia uses User Information only for the purposes it has been provided.
In the event Amaltheia is required to collect any personal information, it will follow policies to protect your privacy and meet data protection laws and regulations regarding personal data. Amaltheia will not share User Information with third parties other than for specific purposes where such third parties are acting under contract with Amaltheia and have entered into confidentiality undertakings at least as strict as those outlined herein. User Information may be transferred outside of the EEA to Amaltheia entities globally.
If you have any requests concerning the way Amaltheia handles User Information, please contact Amaltheia by e-mail at: [email protected]
Limitation of Liability:
While Amaltheia uses reasonable efforts to keep the Information accurate and up to date, errors or omissions can occur. Amaltheia makes no warranties or representations as to the accuracy of the Information. Under no circumstances shall Amaltheia or any party involved in creating, producing, or delivering the Website be liable for any direct, incidental, consequential, indirect, or punitive damages that result from the use of, or the inability to use, the Information or the Website.
Amaltheia does not warrant that the Website is compatible with your equipment or that the Website, or any e-mail sent by Amaltheia or its representatives, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and under no circumstances shall Amaltheia be liable for any direct or indirect damage you may suffer as a result of such destructive features.
To the extent permitted by law, Amaltheia, its agents, officers, employees, representatives, successors, and assigns shall have no responsibility or liability to you or any user for any losses or damages, whether direct or indirect, including lost profits, business, income, contracts, anticipated savings, data, goodwill or time, or any other direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if Amaltheia has been advised specifically of the possibility of such damages arising from or relating to: (i) content on the Website or the use of or inability to use the Website or any links or items on the Website; (ii) inaccuracies or errors or omissions on the Website including, but not limited to financial or investment data; or (iii) delays, errors, or interruptions in the transmission or delivery of the Website.
In no event shall Amaltheia's total liability to you for any damages, losses and causes of action (whether in contract or tort or otherwise and including negligence) exceed the annual amount paid by you, if any, for accessing this Website.
Nothing in this Agreement shall operate to exclude any liability which cannot be excluded or limited under applicable law or under any applicable regulatory system
Financial Services:
This Website is not intended as an invitation or inducement to engage in investment activity (as defined under section 21 of the Financial Services and Markets Act 2000). The Information should under no circumstances be used or considered as an offer to sell or a solicitation of any offer to buy or sell any security or enter into any transaction mentioned or discussed on the Website. Nothing on the Website constitutes any form of tax, legal or other advice, and any such advice should be obtained from an appropriately qualified third party.
This Website may include information obtained from fund managers and investment professionals and other sources from around the world. The Information is not to be accessed by, used by or distributed to any person or entity resident in any jurisdiction or country where the use, distribution or provision of such Information or related services or investments would be contrary to local law or regulation. Individuals and companies located outside the United Kingdom or the United States of America should consult the securities regulation of their home jurisdiction.
Investment opportunities mentioned in the Website (if any) may not be suitable for all Users and in each case potential investors are advised not to proceed unless they have taken independent advice from an advisor authorized under the Financial Services and Markets Act 2000 or otherwise appropriately qualified in another relevant jurisdiction. Such investments may not be quoted on any market and thus carry higher risks than investments in quoted securities and may be difficult to sell or realize. Proper information for determining their current value or the risks to which they may be exposed may not be available. The past performance of any investment, investment strategy or investment style referred to on this Website is not indicative of future performance.
Amaltheia does not guarantee the content, sequence, accuracy, completeness, or timeliness of the Information contained in the Website.
As a private financial organization, Amaltheia in the UK is permitted under the Financial Services and Markets Act 2000 (FSMA) and Regulated Activities Order (RAO) (FSMA Order 2001, SI 2001/544, as amended by SI 2001/3544) to provide certain financial management services on the basis of certain “specific exclusions” and “general exclusions” established by the UK Financial Conduct Authority (FCA). The following mandatory disclosure is provided in accordance with the Financial Services and Markets Act 2000 (FSMA), Part XX, Section 332(4), and in accordance with the FSMA Financial Promotions Order 2001 (SI 2001/2633), Article 55A (2):
As a private financial corporation, Amaltheia in the UK is not required to be authorized by the UK Financial Conduct Authority (FCA) under the Financial Services and Markets Act (FSMA) and thus is not so authorized but is otherwise subject to all applicable laws and regulations. It is permitted by UK law in certain circumstances to offer a limited range of investment services to clients.
Indemnification:
You agree to indemnify, defend and hold harmless Amaltheia and its affiliates, suppliers, agents, officers, employees, representatives, successors, and assigns and affected third parties from and against any and all claims, damages, liabilities, settlements, costs, and expenses, including reasonable attorney's and expert's fees, arising out of your use of, or access to, the Website, or any links on the Website.
You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
Amaltheia reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Amaltheia in asserting any available defense. You acknowledge and agree to pay reasonable legal fees of Amaltheia incurred in connection with any and all claims brought against you by Amaltheia under this Agreement and any other terms and conditions of use on the Website, including without limitation, claims arising from your failure to indemnify the Company pursuant to this Agreement.
Termination:
You may, without prejudice to any accrued rights, terminate this Agreement, with or without cause and at any time, by discontinuing your use of the Website.
Amaltheia may, without notice, terminate the Agreement or suspend your access to the Website, with or without cause at any time and effective immediately. Your access rights to the Website will terminate immediately without notice from Amaltheia if you, in Amaltheia’s sole discretion, fail to comply with or breach any provision of this Agreement.
Amaltheia shall not be liable to you or any third party for any termination or suspension of the Website, or any claims related to any termination or suspension of the Website.
Upon termination of access to the Website by you or Amaltheia, you must discontinue your use of the Website. If requested by Amaltheia, you must destroy promptly all materials and any copies thereof which you have obtained from the Website.
Miscellaneous:
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be settled by the courts in London, England.
Amaltheia has the right to change the Information or technical specifications of any aspect of the Website at any time at its sole discretion. You further accept that such changes may result in your being unable to access the Website.
The failure of Amaltheia to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision.
The provisions of the Agreement shall survive any termination of the Agreement as is reasonably necessary to give effect to the provisions thereof.
The section titles in the Agreement are used solely for convenience and have no legal or contractual significance.
If any provision of the Agreement is found invalid or unenforceable, that provision will be severed to the extent permissible, and the other provisions of the Agreement will remain in force.
This Agreement constitutes the entire agreement between you and Amaltheia in relation to your use of the Website.
Amaltheia may at any time revise these conditions by updating this posting on the Website. You agree to be bound by any such revisions and should therefore periodically visit this posting on the Website to review the then current terms and conditions to which you are bound.
In the United Kingdom, Amaltheia Capital Ltd, Amaltheia Invest Ltd and Amaltheia LLP are registered in England and Wales with company numbers 08686099, 09477223 and OC349465, respectively and registered offices at 85 Great Portland Street, London W1W 7LT.