TERMS AND CONDITIONS
Stellum Gestora de Activos, S.G.E.I.C., S.A.U., (hereinafter referred to as “Stellum Capital”) is a Spanish company with registered office at Calle Zuatzu 7, Edif Urola, Local N1, planta baja, 20018, San Sebastián, registered in the Commercial Register of Guipúzcoa under Volume 3086, page SS-45494, Folio 33, Registration 1, registered in the CNMV Register under number 202 and holder of Tax Identification Number A44598795. You can contact Stellum Capital at any time by sending an email to info@stellumcapital.com.
The general public can access news, information and events organised by Stellum Capital and certain corporate information for our partners and investors through our website, www.stellumcapital.com (hereinafter the “Website”).
By using this Website and its services, you agree to comply with and be bound by the following conditions of use (hereinafter, the “Terms and Conditions of Use”). Please read them carefully.
1. Terms and Conditions of Use
1.1 By using our Website, you become a user (“User”). By becoming a User, you accept without waiver all rules and policies posted on the Website, including these Terms and Conditions of Use and the Cookie Policy [A1](“Policies”). You also agree to use this Website per any applicable law. If you disagree with these Terms and Conditions of Use and all related Policies, please refrain from using the Website. To the extent that you fully comply with the Terms and Conditions of Use and the Cookie Policy (as applicable from time to time), you are authorised to use the Website.
1.2 Stellum Capital may amend the Terms and Conditions of Use or the Cookie Policy at any time, and it is the sole responsibility of the User to check the content of the Terms and Conditions of Use or the Cookie Policy. Please regularly review the Policies to ensure that you are aware of any changes that may have been made. By using the Website, you agree to be legally bound by the Policies in their current or modified versions. In the event of any discrepancy between previous versions of the Policies and their updated versions, the latter shall prevail.
2.Use of the Website
2.1 This Website is maintained to improve public access to information, news and events relating to Stellum Capital, as well as certain corporate information for our members and investors. We aim to ensure that the Website’s content is always accurate and correct. If we become aware of any errors in the Website’s content, we will amend them as soon as possible. However, we disclaim any liability or responsibility for the accuracy of the content published on the Website.
2.2 We reserve the right to update or remove any content on the Website and to limit or deny access to any User, temporarily or permanently.
Notwithstanding the foregoing, this disclaimer is not intended to limit our liability for any breach of any obligation under any applicable national law nor to exclude our liability for matters which cannot be excluded under that law.
2. 3 All content published on the Website, including, but not limited to, copyright, rights similar or related to copyright or sui generis right in databases, patents, utility models, industrial designs, graphics, source code, text, images, photographs, trademarks, trade names, logos, slogans, domain names, social profiles, interfaces, musical and/or audio-visual works, trade secrets and know-how, whether registered, applied for registration or unregistered (hereinafter the “Content”) are owned by or licensed to Stellum Capital for exploitation and are protected by all applicable intellectual and industrial property laws, including antitrust laws.
2.4 Unless otherwise specified in the Policies, Users may not reproduce, distribute, transform or publicly perform the Content. Even if specifically authorised, any use of the Content must comply with these Terms and Conditions of Use and all applicable Policies.
2.5 The Website may include links to external third-party websites independent of Stellum Capital (“Third-Party Websites”). Stellum Capital includes these links to allow Users to access other Websites they believe may be of interest to them. The Third-Party Websites are beyond our control, and we do not accept any responsibility for their content. Therefore, the fact that the Website includes links to Third-Party Websites does not in any way imply that Stellum Capital has approved or agrees with the content or information published on such websites. Consequently, we assume no obligation whatsoever concerning the content or information published by Third-Party Websites and therefore, access to Third-Party Websites is the sole responsibility of the User.
2. 6 You are not authorised to and must not use the Website to: (i) post, upload, email or otherwise transmit any rude, defamatory or obscene material which may annoy, disturb or cause annoyance to any person and/or infringe their rights or impede their use and enjoyment of the Website; (ii) post, upload, email or otherwise transmit any unsolicited or unauthorised materials, promotions or advertisements, junk mail, spam, chain letters, pyramid schemes or any other form of commercial solicitation or exploitation; (iii) create an electronic or other database that includes material downloaded or otherwise obtained from the Website; (iv) transmit or disseminate to any third party any material obtained from the Website without complying with the applicable Policies posted on the Website; (v) obtain or attempt to obtain any materials, documents or information from the Website by any method not available on the Website through automated devices such as deep-linking, page-scraping, robots, spiders or other similar devices; (vi) access, copy or track any part of the Website, or reproduce or otherwise circumvent the navigational structure of the Website or any content; (vii) upload or transmit any material that includes malicious software (viruses) or any other computer code, files or programs designed to interrupt, restrict, disrupt, destroy, limit the functionality of or compromise the integrity of any software or hardware or telecommunications equipment by any means. We reserve the right to forbid any such activity or material; or (viii) use any part of the Website to link, by any means, to an internal or secondary page of the Website located one or more levels below the home page (deep-linking) or to present Content from the Website on another web page (framing).
3.Privacy
3.1 Simply visiting our Website does not include any obligation to provide information. Your privacy and the safeguarding of your privacy are most important to us. Provide any personal information through the Website. The data collected through this Website will be used in the manner, for the purpose, and with the limitations and rights set out in Organic Law 15/1999, of 3 December, on the Protection of Personal Data (the “LOPD” for its acronym in Spanish) and Royal Decree 1720/2007, of 21 December, which approved the Regulations for the development of the LOPD (the “RLOPD”).
3.2 By introducing your data in any contact form included in the Website, you consent to the storage of your personal data in our files to answer your query and, where appropriate, to contact you. All data marked with an asterisk on the forms must be filled in for your query, request or comment to be accepted. No data considered as specially protected by current legislation will be requested, nor will any financial data.
3.3 Stellum Capital guarantees that the data provided will not be accessible by any person outside Stellum Capital and that they will only be shown at their owner’s request, provided that he/she is duly accredited. Stellum Capital will not pass on your personal data to third parties.
3.4 You have the right to access your data stored in our files at any time and to rectify, cancel or oppose their processing (“ARCO Rights”). You may exert your ARCO Rights by sending an e-mail to dpo@stellumcapital.com or a letter to the following address: Calle Zuatzu 7, Edif Urola Local N1 planta baja, 20018, San Sebastián. In all cases, to exert your ARCO Rights, you must prove your identity by means of a photocopy of your valid identity card or passport.
4.Exclusion of liability
4.1 Stellum Capital is in no way bound to keep the Website accessible or to provide the content stored on the Website. The hosting of the Website and the provision of the content may be cancelled, interrupted or temporarily suspended at any time without prior notice. Stellum Capital does not guarantee the absence of errors, faults or viruses in the Website or the content, nor the lack of interruptions in its supply. Stellum Capital accepts no liability for any direct or indirect damage suffered by the user due to the suspension or cancellation of the Website and/or the removal of all or part of its content.
4.2 The Website’s content is generally informative and may therefore be insufficient for the user to make a personal or business decision. Stellum Capital is not bound to prove the content’s truthfulness, accuracy, suitability, completeness and currency. The user accepts that using the Website and/or the content is at the user’s own risk and that the Website is offered to users on an “as is” basis. Therefore, Stellum Capital makes no warranties, express or implied, as to the site or the content, including, but not limited to, warranties of merchantability, infringement or fitness for a particular use or purpose to the extent permitted by applicable law, Stellum Capital assumes no liability whatsoever for decisions made by the user based on information provided on the Website, nor for any direct or indirect damages that may be suffered as a result of actions based on the site or the content.
4.3 Stellum Capital will not assume any liability for damage to the user’s hardware, software and/or data caused by any virus, content or malicious software. The user will be solely responsible for installing the necessary tools on their equipment to detect and prevent any damage to their equipment, hardware, software and/or data.
4.4 In no event shall Stellum Capital be liable to users for any indirect or direct damages (including incidental, consequential, special, punitive or exemplary damages, if permitted by applicable law) arising out of the use or inability to use the Website or the content, including, without limitation, lost profits or loss of business. In some territories, limitations of liability are prohibited, so this limitation shall apply only to the extent permitted by applicable law.
4.5 Stellum Capital assumes no liability for any damage caused to your computer equipment, software or information by any viruses or malicious content or software. The user’s responsible for installing the necessary tools on their computer equipment to detect and prevent any damage to their equipment, software or information.
4.6 Under no circumstances shall Stellum Capital be liable to the user for any direct or indirect damages (including incidental, consequential, special, punitive or exemplary damages, if allowed under applicable law) arising out of the use of the Website or the content or the inability to access the Website or the content, including without limitation any loss of profits or business. Some jurisdictions do not allow limitations of liability, so this limitation shall apply only to the extent permitted by applicable law.
5.Applicable law and competent jurisdiction
These Terms and Conditions of Use shall be governed by Spanish law. Without prejudice to any rights you may have as a consumer, any dispute arising from matters relating to the Website shall be subject to the exclusive competence and jurisdiction of the Courts of San Sebastián.
