Legal Disclaimer

The terms and conditions of this disclaimer (“Disclaimer”) apply to this website www.acapture.com of Acapture and govern your use of the Acapture website(s). Acapture B.V. (a private limited liability company incorporated under the laws of The Netherlands, registered with the Chamber of Commerce under number 58184082). Registered Office: Molenpad 2, 1016 GM Amsterdam, The Netherlands. Authorised and supervised by the Dutch Central Bank.

By visiting this website and or using the information provided on or via this website you agree to be bound by this Disclaimer. In the event of any conflict between the terms and conditions of specific products and services ordered via this website and this Disclaimer, the conditions specific to such products and services shall prevail.

Please read this Disclaimer carefully.

Documents and videos

This website, the documents and the videos on this website are issued by Acapture.

Acapture has based – parts of – this website, the documents and the videos on information obtained from sources it believes to be reliable but which have not been independently verified. Any charts and graphs included are from publicly available sources or proprietary data. No liability is accepted whatsoever for any direct, indirect or consequential loss arising from the use of this website and the videos.

Acapture is under no obligation to keep current the information in this website, the documents and the videos. This website only contains general information, i.e. information that has not been tailored to your personal circumstances. The website therefore does not give you personal advice on whether or not to do something. Any decisions you make purely based on the information on the website will be at your own risk: you are solely responsible for making your own independent appraisal of and investigations into the products and transactions referred to in this website, the documents and the videos and you should not rely on any information in this website, the documents or the videos as constituting advice. Neither Acapture nor any of its affiliates are responsible for providing you with legal, tax or other specialist advice and you should make your own arrangements in respect of this accordingly. Nevertheless, we would be happy to help you if you do want personal advice. Simply get in touch with us through the website or by telephone.

Personal and non-commercial use of this website

This website is for your personal and commercial use. The content and information on this website (including, without limitation, price and availability of services), as well as the infrastructure used to provide such content and information, is proprietary to Acapture, or its suppliers and providers. As a condition of using this website, you agree not to use this website or its contents or information for any commercial purpose (direct or indirect). Whether or not you have a commercial purpose, you agree not to:

i. access, monitor or copy any content or information of this website using any robot, spider, scraper or other automated means or any manual process for any purpose without the consent of Acapture;

ii. violate the restrictions in any robot exclusion headers on this website or bypass or circumvent other measures employed to prevent or limit access to this website;

iii. take any action that imposes, or may impose, in the discretion of Acapture, an unreasonable or disproportionately large load on the Acapture infrastructure; or

iv. deep-link to any portion of this website (including, without limitation, the purchase path for any services) for any purpose without the consent of Acapture.

Acapture attempts to provide accurate, complete and up-to-date information, which has been obtained from sources that are considered reliable, but Acapture makes no warranties or representations, express or implied, as to whether information provided on or via this website is accurate, complete or up-to-date.

Acapture controls and maintains this website from The Netherlands and makes no representation that the information provided on or via this website is appropriate or available for use in other locations. If you use this website from other locations, you are responsible for compliance with applicable local laws.

Acapture does not represent or warrant that this website functions without error or interruption. From time to time we may at our discretion and without giving you any notice suspend or restrict access to the website(s), or discontinue the website(s) permanently.

As a condition of your use of this Website, you warrant that you will not use this website for any purpose that (i) is unlawful or prohibited by these terms, conditions and notices or (ii) can expose the functioning of this website and/or affect the information provided on or via this website or the underlying software.

Third party information, products and services

Acapture may provide links to websites run by third parties. The presence of links to third party websites is not to be construed as a recommendation by us of those websites nor of any advice or information which may be available on them. Acapture has not verified the truth, accuracy, reasonability, reliability, completeness of any content of such websites.

The use of such links is entirely at your own risk and Acapture accepts no responsibility or liability for the content, use or availability of any other websites that are not under our strict control.

Ownership of Intellectual Property

Acapture, its affiliates, and/or their suppliers, retains all rights (including copyrights, domain names, trademarks, patents as well as any other intellectual property right) in relation to all information and software provided on or via this website (including all texts, graphics and logos). You may not copy, download, publish, distribute or reproduce any of the information, software, products, or services contained on this website in any form without the consent of Acapture or the appropriate consent of the owner. You may make limited copies of your services purchased through this website, and/or download information contained on this website for your own personal use.

Links to the Acapture website(s) are not permitted without the consent of Acapture.

Software available on this website

Any software that is made available to download from this website

(“Software”) is the copyrighted work of Acapture, its affiliates, and/or their suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, Acapture hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using this website in accordance with these terms and conditions and for no other purpose.

Please note that all Software, including, without limitation, all HTML code, ActiveX or any technologies used in the realisation of the site, is owned by Acapture, its affiliates, and/or their suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited. The software is warranted, if at all, only according to the terms of the License Agreement.

Privacy

Please review the privacy statement on our website for more on how we collect and use your personal information.

Exclusion of liability and indemnification Neither Acapture nor any of its agents or subcontractors shall be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits (even if Acapture is advised of the possibility thereof) arising in any way from, including but not limited to, (i) any defects, viruses, or other malfunctions caused to any equipment and other software in connection with access or use of this website, (ii) the information provided on or via this website, (iii) the interception, modification or misuse of information transmitted to Acapture or transmitted to you, (iv) the functioning or non-availability of this website, (v) the misuse of this website, (vi) the loss of data, (vii) downloading or use of any software made available by this website, or (viii) claims of third parties in connection with the use of this website.

Upon Acapture becoming aware of any interception or manipulation of this website, all reasonable and appropriate measures will be taken to ensure that any damages are prevented as far as possible.

The exclusion of liability is also made for the benefit of officers, directors, employees and agents of Acapture. You agree to defend and indemnify Acapture its affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by

(a) you or on your behalf in excess of the liability described above; or

(b) by third parties as a result of

(i) your breach of these terms, conditions and notices contained on this website or the documents referenced herein;

(ii) your violation of any law or the rights of a third party; or

(iii) your use of this website.

Applicable law

This website and its Disclaimer shall be governed by and construed in accordance with the laws of The Netherlands. All disputes arising out of or in connection with this Disclaimer shall be submitted to the exclusive jurisdiction of the courts of The Netherlands. In the event of a discrepancy or difference in interpretation between various language versions of this Disclaimer, the English language version shall prevail.

Amendments

Acapture reserves the right to change the information provided on or via this website, including the terms of this Disclaimer, at any time and without notice. It is recommended that you review the information provided on or via this website, including the terms of this Disclaimer, periodically for changes.

General

If any provision in these terms and conditions is declared void or unenforceable by any court or other competent body, or is otherwise rendered so by any applicable law, that provision will to the extent of such invalidity or unenforceability be deemed severable and all other provisions in these terms and conditions will remain in full force and effect.

No delay or failure by us in enforcing any of these terms and conditions is to be treated as a waiver or as having created a precedent or in any way as having prejudiced our rights under these terms and conditions. Any rights not expressly granted herein are reserved.