Terms of Use
[ Effective Date: 27.09.2024 ]
These Terms of Use apply to your use of the website www.ayncapital.com, as well as any digital services, or applications featuring a link to these Terms of Use (collectively, the “Ayn Website” or “Website”) that is owned and operated by Ayn Capital Limited (“Ayn” or “Company”).
Access
These Terms of Use and any other terms that appear on the page from which you were directed to these Terms of Use govern your use of the Website. By accessing the Website, you agree to be legally bound by the Terms of Use then in effect. Please also refer to the relevant additional legal information applicable to your country.
These Terms of Use as well as the information and materials contained in the Website are subject to change at any time and from time to time, without notice. Ayn may add features to or remove features from the Website at any time and from time to time in our sole discretion. Continued access to the Website following any modification in these Terms of Use will constitute your acceptance of the Terms of Use as modified.
If you do not agree to be bound by these Terms of Use, do not use the Website.
Prohibited Uses
The Website is not directed to any person or entity in any jurisdiction (by way of domicile, residence, nationality, or otherwise) where the publication or availability of the Website would result in a violation of any applicable law or regulation. If you are from such a jurisdiction, you are not authorized to proceed and must exit this Website immediately. If you are not from such a jurisdiction, you may proceed to the Website after reading and agreeing to the following terms and conditions.
Information and Services Disclaimer
All the materials and information published, distributed, or otherwise made available on the Website, including any associated interactive services, are intended exclusively for informational and marketing purposes only. These materials and information are subject to change without prior notice. No representation or warranty, whether express or implied, is provided regarding the accuracy, completeness, or reliability of the materials, nor are they a complete statement of the securities, markets, or developments. Recipients should not consider these materials as a substitute for their own judgment. Any opinions presented may change without notice and could differ from opinions expressed by other business units of Ayn due to the utilization of varying assumptions and criteria. Ayn is not obligated to update or maintain the information contained herein, nor must remove any outdated information from the Website, or explicitly label it as outdated.
Sustainability Disclaimer
The information provided on the Website on sustainability is intended solely to provide an indication of the sustainability principles, initiatives, and standards that Ayn believes in and may employ when providing the sustainability advise to a company and/or an individual. It should be understood that the policies, processes, restrictions and methodologies described in this statement may change over time without notice may be implemented or disregarded at the Company's discretion.
The following factors may have an impact on companies and individuals, and the decision they take, thus affecting their value and potentially putting them at risk:
- The exposure in different sectors/industries to opportunities and risks arising from sustainability dynamics, including climate change scenarios, the macro-economic world view, energy and mobility forecasts.
- The susceptibility of each sector/industry to those risks and opportunities, including what business strategies exist to mitigate the risks or capture the opportunities, climate mitigation and adaptation, new innovative/disruptive technologies and company preparedness.
Offer, Solicitation, or Recommendation Disclaimer
All the materials and information published, distributed, or otherwise made available on the Website are provided for informational purposes, intended for your non-commercial, personal use only. None of the information or materials published on the Website should be considered a solicitation, offer, or recommendation to buy or sell any investment instruments, initiate any transactions, or conclude any legal acts of any kind whatsoever.
The Company does not offer investment, legal or tax advice through the Website, and nothing herein should be interpreted as financial, legal, tax, or any other form of advice. The Company does not assert that any securities or services discussed are suitable for any type of investor. No investment or other decisions should be made solely based on the contents or information found on the Website.
When making a decision about your investments, you should seek the advice of a professional financial advisor or a qualified expert.
Forward-Looking Statements
The Website may include statements that qualify as "forward-looking statements." While these forward-looking statements might reflect the Company's judgments and future prospects, several risks, uncertainties, and other significant factors could potentially lead to substantial discrepancies between actual developments and results anticipated by the Company. Ayn holds no obligation to (and explicitly disclaims any obligation to) revise or modify its forward-looking statements, whether due to new information, future events, or other reasons.
No Warranty
Your use of the Website is solely at your own risk. All content, information, and materials on the Website are presented "as is" and "as available". The Company disclaims any warranty, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose or non-infringement. Moreover, the Company disclaims any warranty that access to the Website or individual functions on the Website will be uninterrupted or error-free, that defects will be corrected, or that viruses or other harmful components will not be transmitted in connection with the use of the Website.
No Liability
The Company bears no responsibility for the timeliness, accuracy, correctness, or completeness of the information presented on the Website. To the extent permitted by law, Ayn disclaims any liability for both direct and indirect damages, as well as any loss of profit, resulting from the utilization or access to the information on the Website, including links to third-party websites, or arising from the inability to use or access said information. This exclusion of liability equally applies to all damages that are due to the fact that third parties have manipulated the Website. In addition, the Company disclaims any liability for manipulation of your computer system by third parties.
Links and Connections to Information Providers and Third-Party Websites
The Website may contain advice, opinions, and statements of various information providers. Ayn does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information provided by any information provider, any user or any other person or entity. Reliance upon any such advice, opinion, statement, or other information shall be at the user’s own risk.
The Website may contain third party content and links to third party websites. These links are offered for your convenience and informational purposes and the inclusion of a link or reference does not imply a Ayn endorsement of the linked site. These third-party websites are entirely beyond the control of Ayn and Ayn is not responsible for the content of any third-party website or any link contained in a linked third-party website, and as a result, Ayn cannot guarantee the accuracy, quality, completeness, or legality of the content found on such linked websites, nor can it vouch for any potential offers and services presented on them. Further, the Company is not responsible for and has no control over your interactions with third parties on third-party websites, including websites that Company automatically links you to. Therefore, you should always carefully review the privacy policies and terms of use governing third-party websites.
Reservation of All Intellectual Property Rights
Ayn, or the applicable third-party owner, maintains complete rights, ownership, and interests (including copyrights, trademarks, patents, and any other intellectual property or rights) over all information and content (including text, data, graphics, and logos) found on the Website. Individual pages and/or sections of the Website can be printed for personal or internal use exclusively, under the condition that these printouts preserve all relevant copyright or other proprietary notifications. All users are strictly prohibited from modifying, copying, transmitting, distributing, displaying, performing, reproducing, publishing, licensing, framing, generating derivative works, transferring, or employing in any other manner, whether partially or entirely, any information, text, graphics, images, video clips, directories, databases, listings, or software obtained from the Website for commercial or public purposes, unless prior written permission is obtained from Ayn. Engaging in systematic extraction of content from the Website to create or compile a collection, compilation, database, or directory, either directly or indirectly (through robots, spiders, automatic devices, or manual procedures), as well as creating links to the Website without prior written consent from the Company, is strictly prohibited.
The primary logos of by Ayn Holding AG and its affiliates are among the registered and unregistered trademarks owned by the Company. Additional marks may constitute trademarks of their respective owners. Except as explicitly mentioned above, you may not use any trademarks of the Company for any purpose without the prior written permission of the Company.
Electronic Communications
It is important to acknowledge that standard email messages transmitted over the Internet are neither confidential nor secure. These messages are easily accessible by third parties, bearing significant potential risks and hazards, including:
- Compromised Confidentiality: Email content and attachments remain vulnerable to unauthorized reading and monitoring without detection.
- Forgery and Manipulation: The sender's address or the content of the email (including attachments) can be tampered with or falsified, enabling actions such as altering sender details.
- Transmission Imperfections: Instances of system outages and transmission errors loom as substantial threats. These glitches can lead to email and its attachments encountering delays, corruption, misrouting, and even deletion.
- Concealed Malware: Conceivably, viruses, worms, Trojan horses, and analogous malicious entities might propagate surreptitiously via third parties. Their incursion can result in extensive damage.
- Interception by External Parties: The interception of communications by unauthorized entities is another concerning possibility.
Given these implications, it is strongly advised that communication with the Company to be conducted through secure channel, if such channel is provided by the Company. Under no circumstances should regular email employed to transmit personal or confidential information, including any data pertaining to accounts.
In the absence of explicit contrary indications, it should be noted that the Company does not entertain any orders or instructions dispatched through email or any other electronic messaging system.
The Company holds no liability towards you or any other party for damages incurred due to messages sent to the company through regular email or any alternative electronic messaging system.
Indemnification by User
As a condition of use of the Website, the user agrees to indemnify Ayn and its affiliates from and against all actions, claims, losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of the user’s use of the Website, the materials, or the Website features, including, without limitation, any claims alleging facts that if true would constitute a breach by the user of these Terms of Use. If the user is dissatisfied with any material on the Website or with any of these Terms of Use, the user’s sole and exclusive remedy is to discontinue using the Website.
Severability Clause
In case any provision within these Terms of Use is deemed invalid, unlawful, or unenforceable by a competent court or authority in a specific jurisdiction, this severability clause comes into effect.
The identified provision will be considered removed from these Terms of Use. However, this removal will not impact the legitimacy, legality, or enforceability of the remaining provisions in that particular jurisdiction. Furthermore, this determination will not influence the validity, lawfulness, or enforceability of these Terms of Use in any other jurisdiction.
Revisions to Terms of Use
Ayn reserves the right to modify the Terms of Use for the Website at any time by updating this page. It is your responsibility to periodically review this page in order to stay informed about any alterations the Company has made, as these changes hold legal validity over you. Certain clauses within the Terms of Use for the Website may also be replaced by provisions or notifications posted in other sections of the Website.
Contact
If you have any questions or concerns about the Website, the Terms of Use, or if you wish to contact us for any reason whatsoever, please reach out to us at info@ayncapital.com.