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Legal notice

1. IDENTIFICATION AND CONTACT DETAILS OF THE WEBSITE OWNER

Through this Legal Notice, we inform you that the website with URL www.blackpearlcapital.es. (hereinafter, the “Website“) is BLACKPEARL CAPITAL MANAGEMENT SGEIC, S.A. (hereinafter, “BLACKPEARL“), being the same company that manages and operates through the Website.

BLACKPEARL is a company registered in the Mercantile Registry of Madrid (Volume 41.001, Folio 188, section 8ª, Page M-727.188), with Tax Identification Code A-02669786 and registered office at Calle Barquillo, 10, 1º Derecha, Madrid 28004. Subject to the supervision of the Comisión Nacional del Mercado de Valores (CNMV) with the number 174 as Sociedad Gestora de Entidades de Inversión de Entidades de Tipo Cerrado (Closed-Ended Investment Entity Management Company).

More information about BLACKPEARL can be obtained by contacting us by sending an email to the following address: admin@bkpcap.com.

2. PURPOSE AND GENERAL CONDITIONS OF USE OF THE WEBSITE

The purpose of this Legal Notice is to make available to those who access, browse or consult the content of the Website (hereinafter, the “User” or “Users“), the rules governing the use of this Website.

The terms and conditions set forth in this Legal Notice govern the access, use and content offered by BLACKPEARL on its Website. However, BLACKPEARL reserves the right to modify the presentation, configuration and content of the Website and the services, as well as the conditions of access and/or use.

This Website has been developed for informational and commercial purposes, with the intention of providing Users with information about BLACKPEARL‘s products and services electronically, but in no way represents a recommendation of any type of investment, transaction or similar operation.

Users should in any case read this Legal Notice carefully each time they use the Website, as the content of the Website may be modified as BLACKPEARL deems appropriate.

In the event that any of the provisions contained in this Legal Notice is declared null and void, it will be withdrawn or replaced. In any case, such declaration of nullity shall not affect the validity of the rest of the provisions contained in this Legal Notice.

The User is aware and accepts that the use of the Website is in any case under his sole and exclusive responsibility and undertakes to the following:

  • To use the Website in the manner and form set out herein.
  • Not to engage in any conduct that could damage the image, interests and rights of BLACKPEARL.
  • Not to use this Website and its information and contents for illicit purposes and/or not to carry out actions that could harm the rights and/or interests of third parties.
  • Not to carry out acts that could damage, render useless or overload the Website, or that could prevent, in any way, the normal use of the same.
  • Not to use the Website with the aim of extracting information or documentation for the development of commercial actions and, especially, for the provision of services that could be in competition with those developed by the Owner.
  • Refrain from carrying out:
    • Reverse engineering, decompiling, disassembling or, by any other technique, attempting to extract or derive source code; or encouraging the performance of such acts.
    • Any act intended to damage, disable, overload or alter the functioning of the Website or other users, such as the introduction of computer viruses or malware or their propagation.
    • Any act that could infringe the rights of the owner of the Website, other users or other third parties, such as, for example, possible infringements of intellectual and industrial property rights.
  • Provide, when requested, truthful, accurate and up-to-date information.
  • Refrain from copying or extracting any content from the Website for private or public use, except as permitted by law or with the express consent of BLACKPEARL.
  • Please read these General Terms and Conditions of Use carefully, as well as any notices that may be sent to you by the owner of the Website.

The User shall be liable to BLACKPEARL, or to third parties, for any damages that may have arisen as a result of a breach of these obligations.

3. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

By accessing and using the Website, the User accepts in full and is therefore bound by the terms and conditions set out in this Legal Notice in the version published by BLACKPEARL at the time of access (hereinafter, the “General Conditions of Use“).

In the event that the User does not agree with these General Conditions of Use, he/she must leave this Website and may not access or use the services offered therein.

The User declares that he/she has sufficient legal capacity to be bound by these General Conditions of Use. In the event that the User is a minor, he/she must have the prior authorisation of his/her parents or legal guardians, who will be responsible for the use of the Website by the minor in their charge.

4. NAVIGATION THROUGH THE WEBSITE AND USER OBLIGATIONS

Browsing the Website is free of charge and is not subject to prior registration by the User.

5. LIABILITY FOR DAMAGES FOR USERS

5.1. RESPONSIBILITY OF THE USER:

Users shall be liable for damages of any kind that BLACKPEARL may suffer, directly or indirectly, as a result of the breach of any of the obligations arising from the General Conditions of Use or for the total or partial reproduction not expressly authorised in writing, for any purpose.

It is the responsibility of the User to adopt all appropriate technical measures to reasonably control the threats that may arise during the transmission of data and information that take place on the Internet. Among these measures, the User must have updated systems for detecting malicious software, such as viruses, Trojans, etc., have updated security patches for the corresponding browsers and operating systems, as well as use networks whose security is verified.

In the event that the User sends information of any kind to BLACKPEARL through the channels provided, the User represents, warrants and agrees that it is authorised to do so freely, that the information does not infringe any intellectual property, trademark, patent, trade secret, or any other third party right, that it is not confidential, and that it is not harmful to any third party. You agree to hold harmless and indemnify BLACKPEARL from and against any and all liability with respect to any communication sent personally or on your behalf, including but not limited to responsibility for the accuracy, legality, authenticity, and ownership of such communication.

5.2. PATRIVALOR’S LIABILITY:

BLACKPEARL takes steps to ensure the accuracy of the information on the Website. However, BLACKPEARL is not responsible for any errors or omissions in the content of the Website and does not guarantee the accuracy, completeness or timeliness of the information on the Website. The information on the Website is subject to change at any time without notice.

Our main concern is to protect your information. We store the information we collect on secure servers and comply with the security measures required by Spanish data protection legislation to protect your personal information.

However, no Internet transmission is 100% secure or error-free, nor is stored data invulnerable. We cannot guarantee the security of our Websites, databases or services, nor can we guarantee that information you send to us will not be intercepted while it is being transmitted to us over the Internet. We are not responsible for the actions of third parties.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY

This Website is the property of BLACKPEARL. All contents of the Website, including, but not limited to, trademarks, logos, graphics, images, sound and video files, programming code, text, icons and names identifying services (hereinafter, the “Content“) are the property of BLACKPEARL and are protected by applicable intellectual and industrial property rights laws.

The User’s access to this Website does not imply any kind of waiver, transfer or assignment, in whole or in part, of these rights by the owners for this reason. Therefore, access to these Contents by Users does not grant them, under any circumstances, the possibility of copying, selling, modifying, reproducing, publishing, transferring, transmitting or creating new products or services derived from the Contents of the Website.

For this reason, the User of this Website may not, without the prior, express and written authorisation of BLACKPEARL or third party holders of intellectual or industrial property rights, copy, distribute, download, modify, delete, erase, alter, publish, reproduce, transform, publicly communicate, transmit, make second or subsequent publications, or take advantage of said Content in any way.

In this sense, the User does not acquire any rights or licences in relation to any intellectual or industrial property rights related to the Website or its Contents, beyond the right to browse this Website in accordance with the purpose and terms set out in this Notice.

BLACKPEARL reserves the right to make, at any time and without prior notice, as many modifications, variations, deletions or cancellations in the contents and in the form of presentation of the same as it deems necessary, whether temporarily or permanently, and the user must ensure that he/she uses the updated version at all times. This power does not grant users any right to receive compensation for damages.

7. LINKING POLICY

7.1. ESTABLISHMENT OF LINKS TO THE WEBSITE:

The establishment of links to the Website is prohibited without the prior, express and written authorisation of BLACKPEARL.

In the event that the link is authorised by BLACKPEARL, in accordance with the terms previously established, the link shall be established in the following terms:

  1. No false, inaccurate or incorrect statements about the Website and/or BLACKPEARL shall be made from the website that introduces the link (hereinafter referred to as the “Linking Site“).
  2. Under no circumstances does the authorisation granted by BLACKPEARL for the creation of a link imply any sponsorship, collaboration, verification or supervision of the content and/or services provided through the Linking Site or that it is responsible for the content of said site.
  3. The Linking Site must faithfully comply with the Law and may not, under any circumstances, host its own or third party content that: (i) are unlawful, harmful or contrary to morality, public order and good customs; or (ii) induce or may induce in the User the false conception that BLACKPEARL subscribes to, adheres to or in any way supports the ideas, statements or expressions, lawful or unlawful of the sender; or (iii) are inappropriate or irrelevant in relation to the activity of BLACKPEARL.

In the event of non-compliance with any of the above terms, BLACKPEARL will immediately and without prior notice remove the link.

7.2. EXTERNAL LINKS FROM THE WEBSITE:

Any access to a third party website through browsing the Website does not imply any recommendation, endorsement, identification or conformity by BLACKPEARL with the representations, content or services provided through such website.

When the User makes use of a link published on the Website and is redirected to a third party website, he/she is leaving the Website and is therefore no longer under the protection of these General Conditions of Use.

Consequently, BLACKPEARL is not responsible for the content of such third party websites, nor for their terms of use and privacy policies, and the User of such websites is solely responsible for checking and accepting them each time he/she accesses and uses them.

8. COOKIES POLICY

BLACKPEARL uses cookies on its own account or on behalf of a third party contracted to provide audience measurement services. The cookies used on the Website are only associated with an anonymous user and their mobile device or PC, so they do not in themselves provide the personal data of the user.

For more information related to the cookies used on this Website, the User can access our Cookies Policy .

9. RIGHT OF EXCLUSION

BLACKPEARL reserves the right to deny or withdraw access to the portal and/or the services offered without prior notice, at its own request or at the request of a third party, to those users who do not comply with these General Conditions of Use.

10. ONLINE DISPUTE RESOLUTION

In accordance with Art. 14.1 of Regulation (EU) 524/2013, the European Commission provides a free access platform for the resolution of online disputes between the User and the owner of the website, without the need to resort to the courts of law, through the intervention of a third party, called a Dispute Resolution Body, which acts as an intermediary between the two. This body is neutral and will dialogue with both parties in order to reach an agreement, and may finally suggest and/or impose a solution to the conflict.

Link to the Dispute Resolution Body platform: http://ec.europa.eu/consumers/odr/

11. APPLICABLE LAW AND JURISDICTION

The laws applicable to the Website shall be those of Spain, in this sense any dispute relating to the content or use of the Website shall be governed by the laws of Spain and as regards jurisdiction and venue, only the courts of the city of Madrid shall be competent to settle any type of claim.