June 2018
TERMS & CONDITIONS
PLEASE READ CAREFULLY THESE GENERAL TERMS AND CONDITIONS AS THEY AFFECT YOUR OBLIGATIONS AND LEGAL RIGHTS, INCLUDING, BUT NOT LIMITED TO WAIVERS OF RIGHTS AND LIMITATION OF LIABILITY. IF YOU DO NOT AGREE WITH THESE GENERAL TERMS AND CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.
Welcome to https://2be.lu/ website (including all subdomains, the “Website”) which is operated by the Company (collectively, the “Company” “we”, “us” and/or “our”). The Website provides among other things, information about our mission, people and our Portfolio Companies. This information on the Website is provided for information purposes only and should not be regarded as any investment or tax advice. You should consult with your advisers before making any investment or financial decisions.
DEFINITIONS
Accompanying Documents – other documents accompanying and detailing these Terms, being an integral part hereof and published on the Website (including, but not limited to general disclaimer, Privacy Policy, etc.). In case of any discrepancies between Accompanying Documents and these Terms, the latter shall apply.
Affiliates – any persons or entities that have any legal relation to the Company, including, but not limited to partners, employees, agents and contractors of the Company, its subsidiaries and persons controlling it.
Agreement – these Terms and any other rules, policies or procedures that may be issued by Company and published from time to time on the Website (including the Accompanying Documents).
Company (also referred to as “We”) – 2be.lu Investments S.C.S.
Portfolio Companies – companies which received investment from and/or with the Company’s assistance and listed on the Website.
User (also referred to as “You”) – any person, who uses the Website, with or without prior registration (if applicable). The Company reserves its right to set forth at any time upon its own discretion special eligibility or other requirements to certain Users.
RESTRICTIONS
THE WEBSITE IS NOT DIRECTED TO ANY PERSON IN ANY JURISDICTION WHERE (BY REASON OF THAT PERSON’S NATIONALITY, RESIDENCE OR OTHERWISE) THE PUBLICATION OR AVAILABILITY OF THE WEBSITE IS RESTRICTED. PERSONS IN RESPECT OF WHOM SUCH RESTRICTIONS APPLY MUST NOT ACCESS THE WEBSITE.
GENERAL PROVISIONS
These Terms are effective at the time the User begins using the Website. The Users may withdraw from their obligation under the Terms at any time by discontinuing the use of the Website.
The User acknowledges and accepts that these Terms are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at Company’s sole discretion. The User’s continued use of the Website after any amendments or alterations of these Terms and/or the Website shall constitute the User’s consent hereto and acceptance hereof. In any case, the date of the most recent amendments and alterations will be indicated at the top of these Terms.
The User acknowledges and accepts that the Company reserves the right, at its own and complete discretion and at any time to modify or to temporarily or permanently suspend or eliminate the Website, and/or disable any access to the Website for any reason.
By using this Website each User covenants, represents, and warrants that (under the applicable law and law of the country of User’s residence):
Before using the Website, a User is obliged to read carefully any other Accompanying Documents that follow these Terms and regulate the Website usage. The Accompanying Documents shall be considered as an integral part hereof and their terms of use shall be the same as of these Terms. By using the Website each and any User confirms that he (she) has fully read and understood not only these Terms, but also all Accompanying Documents and fully accepts their terms.
If you do not agree to these Terms, you must not use our Website. We recommend that You print a copy of these Terms for future reference.
The third-party content, advertisements, links, promotions, logos and other materials may be displayed on the Website (collectively, the “Third-Party Content”) for your convenience only. The Company does not control, endorse or sponsor any third parties or Third-Party Content, and makes no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, the accuracy, validity, legality, copyright compliance, or decency of such content. Your use of or interactions with any Third-Party Content, and any third party that provides Third-Party Content, are solely between you and such third parties and the Company is not responsible or liable in any manner for such use or interactions.
We will only use your personal information as set out in our Privacy Policy.
ACCEPTABLE USE POLICY
You must only use the content or services provided through this Website for their stated purpose. You must not use this Website to:
(a) publish, post, send, upload, submit, display or disseminate any information or material and/or otherwise make available or engage in any conduct that is unlawful, discriminatory, harassing, libelous, defamatory, abusive, threatening, harmful, offensive, obscene, tortious or otherwise objectionable;
(b) display, upload or transmit material that encourages conduct that may constitute a criminal offence, result in civil liability or otherwise violate or breach any applicable laws, regulations or code of practice;
(c) interfere or violate the legal rights (such as rights of privacy and publicity) of others or violate others use or enjoyment of this Website;
(d) violate any applicable laws or regulations;
(e) use this Website or links on this Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from using this Website or links on this Website or that could damage, disable, overburden or impair the functioning of this Website or our servers or any networks connected to any of our servers in any manner;
(f) create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity, including, but not limited to, an authorized user of this Website, or fraudulently or otherwise misrepresent that You have an affiliation with a person, entity or group;
(g) mislead or deceive the Company, Company’s representatives and any third parties who may rely on the information provided by You, by providing inaccurate or false information, which includes omissions of information;
(h) disguise the origin of any material transmitted through the services provided by the Website (whether by forging message/packet headers or otherwise manipulating normal identification information);
(i) violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party) or commit a tort;
(j) upload files that contain viruses, Trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
(k) send, upload, display or disseminate or otherwise make available material containing or associated with spam, junk mail, advertising for pyramid schemes, chain letters, virus warnings (without first confirming the authenticity of the warning), or any other form of unauthorized advertising or promotional material;
(l) access any content, area or functionality of the Website that You are prohibited or restricted from accessing or attempt to bypass or circumvent measures employed to prevent or limit your access to any content, area or functionality of the Website;
(m) obtain unauthorized access to or interfere with the performance of the servers which host the Website or provide the services on the Website or any servers on any associated networks or otherwise fail to comply with any policies or procedures relating to the use of those servers;
(n) attempt to gain unauthorized access to any services or products, other accounts, computer systems, or networks connected to any of our servers through hacking, password mining, or any other means;
(o) harvest or otherwise collect, whether aggregated or otherwise, data about others including e-mail addresses and/or distribute or sell such data in any manner using the Website;
(p) use any part of the Website other than for its intended purpose; or
(q) use the Website to engage in or promote any activity that violates these Terms.
BREACH OF THESE TERMS
When We consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms constitutes a material breach and may result in our taking all or any of the following actions:
We exclude Our liability for any and all action We may take in response to breaches of these Terms. The actions We may take are not limited to those described above, and We may take any other action We reasonably deem appropriate.
INDEMNIFICATION
The User shall indemnify, defend, and hold the Company and/or its subsidiaries, affiliates, shareholders, directors, officers, employees, agents, successors, and permitted assignees harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against the Company arising out of a breach of any warranty, representation, or obligation of the User hereunder.
NO WARRANTIES AND LIMITATION OF LIABILITY
This Website is provided on an “as is” basis and without any warranties of any kind, either expressed or implied. You assume all responsibility and risk with respect to Your use of the Website.
You hereby expressly agree that the Company or its Affiliates do not accept any liability for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise), resulting from any use of, or inability to use, this Website or the material, information, software, facilities, services or content on this website, regardless of the basis, upon which the liability is claimed.
You understand and agree that it is Your obligation to ensure compliance with any legislation relevant to Your country of domicile concerning use of this Website, and that the Company should not accept any liability for any illegal or unauthorized use of this Website and use. You agree to be solely responsible for Your personal taxes arising in connection with the use of the Website.
The Website owner does not warrant or represent that any information on the Website is accurate or reliable or that the Website will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. The Company shall not be liable for uninterrupted availability of the Website at all times, in all countries and/or all geographic locations, or at any given time.
Some jurisdictions do not allow the exclusion of certain warranties or disclaimer of implied terms in contracts with Users, so some or all of the exclusions of warranties and disclaimers in this section may not apply to you.
The Company will take reasonable steps to exclude any viruses from the Website, but cannot guarantee or warrant that any material available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties and accordingly no liability is accepted for viruses.
The Company is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any delay in its delivery or receipt.
The Website development team is constantly monitoring changes to legislation in the most relevant jurisdictions in the world and undertakes to act accordingly, if changes impact operations of the Website. The Company does not seek to attract investment from general public, it is strictly selective about the eligibility of potential investors. The Website is not created for a public offering of equity or debt and consequently does not fall under the securities or any prospectus regulation.
This document or any other document, produced and signed by the Company, as well as the Website, and any of their content does not constitute an offer or solicitation to sell shares or securities.
None of the information or analyses contained on the Website is intended to form the basis for any investment decision, no specific recommendations are made, and the Website does not offer and shall not be construed as investment or financial product.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.
You must not use any part of the content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
APPLICABLE LAW AND DISPUTE RESOLUTION
All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the applicable laws of Luxembourg.
Any disputes, differences or claims which may arise out of these Terms or in connection with it, regarding existence, validity or termination thereof (the “Disputes”), shall first be the subject of amicable negotiations between the Parties that shall be held within 30 business days. Any unresolved Disputes shall be referred to and settled by the exclusive jurisdiction of the courts in Luxembourg.
MISCELLANEOUS
Termination and Suspension.
Notwithstanding anything contained herein, the Company reserves the right, without notice and at its sole discretion, to terminate these Terms or suspend Your right to access the Website, including (but not limited to) in case of your breach of these Terms or if the Company believes you have committed fraud, negligence or other misconduct. You may terminate these Terms without notice by discontinuing use of the Website. All rights granted to You under these Terms will immediately be revoked upon our termination of these Terms or our suspension of Your access to the Website. In the event of any Force Majeure Event (as defined in “Miscellaneous” section), breach of this Agreement, or any other event, we may, in our discretion and without liability to You, with or without prior notice, suspend Your access to all or a portion of our services/Website. We may terminate Your access to the Website in our sole discretion, immediately and without prior notice.
Assignment.
The Company may, at its sole discretion, assign any of its rights and/or delegate its duties under these Terms (including, but not limited any and all intellectual property rights for any of the intellectual property rights created during the Website development) to any third party at any time. You may not assign Your rights or delegate Your duties as Website User, and any assignment or delegation without the previous written consent of the Website Owner shall be null and void.
Severability.
If any term, provision, covenant or restriction of this Agreement is held by court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
Communication and notices.
Any communication related to these Terms should be conducted only via email of the User and through the Company’s contact form on the Website. The User’s official email for communication shall be deemed the email specified by the User during the communication with the Company. The one and only language of the communication shall be English. The Company may provide any notice to You under this Agreement by posting a notice on the Website. Notices provided by posting on the Website will be effective upon posting. It is Your responsibility to review and become familiar with any such notifications.
Force Majeure Events.
We shall not be liable for (1) any inaccuracy, error, delay in, or omission of (a) any information, or (b) the transmission or delivery of information; (2) any loss or damage arising from any event beyond the Company’s reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labour dispute, accident, action of government or export authorities, sanctions, communications, power failure, or equipment or software malfunction or any other cause beyond Our reasonable control (each, a “Force Majeure Event”).
Headings.
Headings of sections are for convenience only and shall not be used to limit or construe such sections.