Acceptance of the Terms and Conditions
Please read the terms and conditions as set out below which governs the use of this website (“Terms and Conditions”).
By clicking on ‘Accept’ all users (“Users”) of this website confirm that they have read and understood the Terms and Conditions and agree to the Terms and Conditions and are bound by the Terms and Conditions. If the Users do not agree to the Terms and Conditions, please exit from this website.
Use of this website may be monitored, tracked and recorded. Users using this Website expressly consent to such monitoring, tracking and recording.
A. TERMS AND CONDITIONS
1. Usage
Alpasión provides all users (“Users”) access to this website (the “Site”).
Information and documents available and published on the Site is supplied by Alpasión and, where indicated, by certain third parties. Users shall have the right to upload information and documents for enabling Alpasión to provide Services (Services means any services provided by Alpasión to the Users).
The Site will allow the Users to view information about the Services, tariffs, payment terms and conditions and such other information from time to time.
The Users understand that all investments shall be made strictly in accordance with the terms of the relevant prospectus or confidential offering memorandum and the importance of reading the risk warnings within such documents.
In making any decision and before entering into any transactions, Users on their own examination of the merits and risks, shall independently determine if the User is able to assume these risks. Alpasión shall not be responsible for any misrepresentations the Users may make in gaining unauthorized access to the Site.
The Site and its material are provided to the User at no charge. Any material provided to the User is for information purposes only. Alpasión reserves the right to make changes to the Site; or not reply to any queries; or not provide any support in connection with the Site.
Alpasión reserves the right to remove any materials from the Site where it reasonably suspects that such material is prohibited and must not be linked to the Site or other websites which are indecent or inappropriate, and the User must forthwith remove any link if Alpasión in its discretion so requests.
Subject to Alpasión’s obligation under the Privacy Policy, please note that any information or material sent to Alpasión via the Site will be deemed to be not privileged or confidential. By sending Alpasión any information or material, the User grants Alpasión an unrestricted, irrevocable licence to use, reproduce, display, perform, modify, transmit and distribute that material or information on the Site and use the same for providing Services, and the Users also agree that Alpasión is free to use any ideas, concepts, know-how or techniques that they send Alpasión for any purpose.
The terms and conditions applicable to any product, service or information will be those determined at the time of provision of the product, service or information. If Users choose to access the Site, Users do so on their own initiative and are responsible for compliance with applicable local, national or international laws.
Users agree that Alpasión is not providing personalized investment advice through the Site. Alpasión is not agreeing to nor is it required to update research commentary and news stories. Therefore, that information may not reflect events occurring after the date of publication.
2. Intellectual Property Rights and Ownership
The Site, its content and/or all intellectual property rights pertaining thereto including the design, text, graphics, logos, images, sound and the selection and arrangement thereof, are owned by Alpasión, and all rights, title and interest therein and thereto shall remain the property of Alpasión. Certain of the content on this site are provided for use by third parties under agreement with Alpasión. This Site is copyrighted by Alpasión (©2015 Alpasión. All rights reserved). Users agree not to use and remove any copyright, trademark or other proprietary notice or legend contained on the Site or its content (or printed copies thereof). The Intellectual Property Rights over Alpasión and other names of Alpasión products and/or services referenced herein, are exclusively owned by Alpasión. All or any third party logos, trademarks, images are the properties of each third party and by using or showing such logos, trademarks and/or images in the Site, Alpasión does not make any representations or claims that such third party logos, trademarks or images are properties of Alpasión.
3. Links to other Sites
The Site may contain links to third party web sites that are maintained by others. These links are provided solely as a convenience to Users and not as an endorsement by Alpasión of the contents on such third-party web sites. Alpasión is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available on linked third-party web sites. If Users decide to access linked third-party web sites, they do so at their own risk. Users further acknowledge and agree that Alpasión shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
4. Modifications and Termination
All contents of the Site are subject to change without notice. Alpasión reserves the right to modify, add, delete or discontinue these Terms and Conditions or any aspect or feature of the Site or any of the policies or guidelines governing the Site, at any time and in its sole discretion. By using or accessing the Site subsequent to the posting of any changes or modifications to the Terms and Conditions applicable to the use of the Site, Users shall be deemed to have consented to such changes or modifications. User further agree that, Alpasión shall not be liable to the Users or any third party for any suspension or termination of your access to the reports, products and/or services available through this Site. All provisions relating to disclaimer of warranties, limitation of liability and remedies and damages contained in these Terms and Conditions shall survive termination.
5. No Unlawful or Prohibited Use
Users warrant to Alpasión that the User will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions or by any laws. The User shall not use the Site in any manner which could damage, disable, overburden, or impair the Site or network connected to the Site or interfere with any other party’s use and enjoyment of the Site.
The User undertakes not to post to or send via the Site or upload in the Site any materials that are or could reasonably be construed as: (i) defamatory, libelous, obscene, offensive, abusive, liable to incite racial hatred, discriminatory or blasphemous; (ii) in breach of any obligation of confidence or privacy or any trade secret; (iii) infringing the proprietary rights of any third party or for which Users have not obtained all necessary licences and/or approvals; or (iv) violating any other law.
User is prohibited to access the content on this Site from locations where it is illegal to obtain such access. By accessing, using, downloading or otherwise receiving the content from this Site, you are expressly agreeing that you are not in a country where such prohibition exists. Anyone who accesses this Site from any locations does so on their own initiative and is responsible for compliance with applicable local laws.
Any material downloaded or otherwise obtained through the Site is done at Users’ own discretion and risk and that User will be solely responsible for any damage to Users computer system, mobile telephone or other access device or loss of data that results from the download of any such material.
Users understand and acknowledge that all information, data, text, messages or other materials (“Content”), posted or uploaded at the Site, are the sole responsibility of the person from which such Content originated. Users, and not Alpasión, are entirely responsible for all Content that Users upload, post, email or otherwise transmit via the Site. Alpasión does not control the Content posted via the Site and, as such, cannot and does not guarantee the accuracy, integrity or quality of such Content.
6. Liability
In no event shall Alpasión, its shareholders, directors, officers, employees, agents, representatives or any of its affiliates be liable or responsible for any direct, indirect, incidental, special, punitive or consequential damages (whether in contract or tort or otherwise) for any amount or kind of loss (including, without limitation, damages for loss of data, business or profits) to User or a third party arising out of or in connection with these Terms and Conditions, the Site, the inability to use the Site or products, services, or information obtained or stored in or from the Site, or any of the reports, products and/or services available through the Site or transactions entered into via the Site, any website linked to the Site or material on such websites, including but not limited to loss or damage due to viruses that may infect User’s computer system, software, data or other property on account of access to, use of Site or Users downloading any material from the Site or from any website linked to the Site whether based on contract, tort, strict liability or otherwise, even if Alpasión or any of its affiliates has been advised of the possibility of such damages, and notwithstanding the failure of the essential purpose of any remedy. This shall not affect Users’ statutory rights.
Alpasión shall not be liable for any loss or damage arising from or occasioned by (a) any such inaccuracy, correctness, error, delay or omission, or (b) interruption in any such data, information or message, due either to any act or omission by Alpasión or to any force majeure event or any other cause beyond the reasonable control of Alpasión.
7. Governing Law
The Terms and Conditions shall be governed by and construed in accordance with the laws of Argentina and shall be subject to the exclusive jurisdiction of the courts in Mendoza, Argentina.
8. Severance
If any provision of these Terms and Conditions (or part of a provision) is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention thereof.
B. PRIVACY POLICY
No material from this Website may be copied, uploaded, posted, modified or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, home use only, provided you keep intact all copyright and other proprietary notices. The use of any such material on any other website or computer environment is prohibited.
Whilst “Alpasión” uses reasonable efforts to include accurate and up to date information in the Website, “Alpasión” makes no warranties or representations as to its accuracy. “Alpasión” assumes no liability for any errors or omissions in the content of the Website. All information is subject to subsequent variation, without notice.”
Any third party software which may be downloaded from a site operated by a third party (whether referred to on or linked to this Website) is the responsibility of that party and not of “Alpasión”, who shall have no responsibility or liability arising in respect of any loss, damage, viruses or otherwise arising as a result of the downloading by you of such software.
C. DISCLAIMER
Whilst Alpasión has made every reasonable effort to ensure the correctness and integrity of the Site, Alpasión make no representation or warranty, express or implied, (a) as to the accuracy or completeness of any information, data, and/or services available through this Site, and (b) the accuracy of the results from any use of any of the information, data, and/or services available through this Site. Alpasión, nor any of its officers, directors, employees, stockholders, owners, affiliates, agents or representatives will have any liability to the other party or any other person resulting from the use of the information, and data copied from the Site.
Alpasión takes no liability or responsibility or makes any or warranty, express or implied, as to the accuracy or completeness of any information, and data available on the Site, and neither Alpasión, nor any of its officers, directors, employees, stockholders, owners, affiliates, agents or representatives will have any liability to the other party or any other person resulting from the use of the information, and data copied from the Site. Alpasión does not give any guarantee or representation or warranty of any kind, whether actual or implied to the Users / visitors. The information and services included in or available on this Site may include inaccuracies or typographical errors.
THE SITE/INFORMATION IS PROVIDED TO THE USER ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY WARRANTY. ALPASIÓN, FOR ITSELF AND ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THE SITE, MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF CORRECTNESS, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE SITE, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. ALPASIÓN WILL NOT BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, USER’S USE OF THE SITE OR USER’S INABILITY TO USE THE SITE, EVEN IF ALPASIÓN HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The information contained in the Site is not intended to provide or constitute investment or professional advice of any kind and should not be relied upon solely in that regard and should carefully read the appropriate prospectus, confidential explanatory memorandum and other relevant documentation and/or terms and conditions relating to any investment before making the investment. Potential investors accessing this Site should seek their own independent financial advice where appropriate.