General Terms and Conditions of Use
ARTICLE 1. PREAMBLE
These General Terms and Conditions of Use (hereinafter referred to as the “GTCs”) are applicable when you browse the site www.matacapital.com (the “Site”).
The Site is published by Mata Capital, a Portfolio Management Company, licensed by the Autorité des Marchés Financiers [Financial Markets Authority] on 28/09/2016 under No. GP-16000024, simplified joint-stock company with capital of €150,000, registered with the RCS (Registre du Commerce et des Sociétés [Trade and Companies Register]) of Paris under number 814 170 148, and whose registered office is located at 18 rue Jean Giraudoux 75116 Paris. VAT number: FR 16 814 170 148.
Please read these GTCs carefully.
By accessing the Site and visiting the Site, you agree to these GTCs without reservation.
You can also register by creating an investor account (“Investor Account”) if you wish to receive services offered by Mata Capital (the “Services”) under the conditions set forth herein.
In any event, the GTCs are an applicable contract between you and Mata Capital (the “Contract”).
If you do not want these GTCs to apply to your browsing on the Site, please immediately end your visit to the Site.
Any use not in accordance with these GTCs may incur the user’s liability. In addition, user access to the Site and/or Services may also be suspended and the Investor Account may be closed, resulting in the termination of contractual relationships with the relevant user.
ARTICLE 2. ACCESSING THE SITE AND CREATING AN INVESTOR ACCOUNT
The Site can be accessed at the following address: www.matacapital.com.
Any user may browse the Site without registering.
However, any user who wishes to obtain Services and, if applicable, make an investment, must have an Investor Account.
To access the Services, the user may proceed as follows:
The creation of an Investor Account is subject to the completion of the following steps in advance: the user must register by providing the data requested by Mata Capital, namely his/her name, first name, telephone number, email address, and password. In addition, any person creating an Investor Account must read the notices regarding the risks of the proposed transactions on the Site and accept them.
Mata Capital performs a check when each Investor Account is created, particularly to ensure that the user who wishes to create an account meets the eligibility requirements listed below.
Mata Capital funds are intended exclusively for customers falling within one of the following investor categories, and only those persons within one of these categories may create an Investor Account:
The creation of an Investor Account is subject to registration and is only permitted for natural persons of legal age and not under a guardianship, protective measure, or legal safeguard.
ARTICLE 3. INVESTOR ACCOUNT HOLDER COMMITMENTS
Each holder of an Investor Account undertakes the following with regard to Mata Capital:
Mata Capital reserves the right to cancel any service offering made to a user in the event of non-compliance with the GTCs or applicable laws and regulations and to delete his/her Investor Account, if necessary, resulting in the end of contractual relationships with the user in question.
ARTICLE 4. INVESTOR INFORMATION
Mata Capital funds are not secured with capital and entail different types of risk (e.g. market risk, liquidity risk, counterparty risk, etc.).
Mata Capital is paying particular attention to making its teams as well as those of the portfolio companies aware of environmental, social, and governance issues.
Each user may only have one Investor Account in his/her name. Accordingly, the user shall not create or use on the Site Investor Accounts other than the one initially created and assigned, whether using his/her own identity or that of a third party. Creating or using new accounts using one’s own identity or that of third parties without having requested and obtained the prior written authorisation of Mata Capital may result in immediate suspension of the user’s Investor Account(s) without notice.
ARTICLE 5. AVAILABILITY
The Site is generally accessible 24/7, except in the event of an interruption, whether scheduled or not, for maintenance purposes or in the event of force majeure.
Mata Capital shall not be liable for any damages whatsoever resulting from any unavailability of the Site.
ARTICLE 6. SECURITY
Users limited to browsing the Site are advised that, due circumstances inherent in the Internet, data transmitted via the Site are not protected against risks of diversion and/or piracy, for which Mata Capital will not in any case be held liable.
Users, where necessary, are responsible for taking all reasonable measures to protect your [sic: their] computer and/or data, including the implementation of adequate technical tools such as antivirus software, firewalls, automatic cleaning tools, etc.
ARTICLE 7. CONFIDENTIALITY
Holders of an Investor Account approved by Mata Capital will have access to detailed information relating to issuers and transactions presented in the “Issuer and Project Overview” section on the Site (including, but not limited to, the project description, amount of funds sought, etc.).
All information accessible through the Investor Account, regardless of the type or media, will be considered and treated as strictly confidential (hereinafter referred to as “Confidential Information”).
Therefore, holders of an Investor Account shall not disclose any or all of the Confidential Information to third parties, nor use it for any purpose other than for analysing the opportunity to invest in a transaction presented on the Site. In addition, they shall ensure the security, integrity, and confidentiality of Confidential Information and take all logical and physical precautions for that purpose.
ARTICLE 8. LIMITATION OF LIABILITY
Except where the law does not permit it, it is agreed that Mata Capital cannot be held liable for:
Mata Capital shall in no case be liable for any indirect damages, including but not limited to loss of current or anticipated profits, loss of data, loss of customers, loss of revenue, loss of benefits, loss of opportunities, harm to one’s image, arising or resulting from the performance, suspension, termination, or breach of these GTCs and/or the contractual relationships entered into between the user and Mata Capital.
In addition, it is noted that Mata Capital’s liability is excluded for any damage resulting from a force majeure arising from unstoppable, unforeseeable circumstances outside of Mata Capital’s control, including, but not limited to, force majeure, actions of civil or military authorities, fire, freezing weather, storms, flooding, natural disasters, general electrical or Internet network outages, road access blockages, or traffic restrictions.
ARTICLE 9. PERSONAL DATA
Personal data transmitted by a user is being processed by Mata Capital, as a controller, for the purposes of managing navigation on the Site, or if applicable, for the management of the client relationship, contracts, and subsequent investments of a person holding an Investor Account. It will be retained for the time period necessary for processing purposes, namely for performing of the Contract and monitoring the contractual relationship.
In addition, any user of the Site, even if he/she does not have an Investor Account, may subscribe to Mata Capital’s newsletter, subject to having expressly authorised Mata Capital in advance for this purpose.
In accordance with Regulation (EU) 2016/679 – General Data Protection Regulation (“GDPR”) and amended Law No. 78-17 of 6 January 1978 (“IT and Liberties Law”), each person has a right of access, a right to rectification, a right to erasure, restriction of processing, portability, and a right to object to processing, which he/she may exercise by writing to firstname.lastname@example.org.
Users may also, at the same e-mail address, give any instruction related to the outcome of their data after death.
ARTICLE 10. COOKIES
Navigation on the Site may result in a cookie being saved on your connection terminal. A cookie is a file of a limited size that consists mainly of numbers and letters. It is stored in your browser or on your computer’s hard drive.
Installation of cookies is necessary for statistical purposes and to determine the number of visitors to our Site. These cookies also allow for the improvement your browsing experience. The data collected using these cookies are retained for a period of thirteen (13) months from the time they are saved on your connection terminal.
You have the option to reject the storage of cookies at any time by adjusting your browser’s settings accordingly.
ARTICLE 11. INTELLECTUAL PROPERTY
The Site is the exclusive property of Mata Capital.
Any content available on the Site, including any text, software, scripts, drawings, graphics, photos, sounds, music, videos, and interactive features on the Site, is owned by Mata Capital or has been licensed to it. This content is protected by copyright, trademark law, and any other intellectual property rights or related rights held by Mata Capital or its licensors. All third-party trademarks and logos on the Site are registered trademarks.
The content of the Site may not be downloaded, copied, reproduced, represented, distributed, transmitted, disseminated, displayed, sold, licensed, or otherwise exploited in any way or for any purpose, in whole or in part, without the express prior consent of Mata Capital.
Mata Capital is a registered trademark. Any unauthorised reproduction of this trademark, its logos, and distinctive features constitutes infringement subject to sanctions.
The creation of hyperlinks to the Site is subject to the prior approval of the Publication Director. Meta Capital cannot be held liable for hyperlinks set up in the direction of other sites from the Site or for their content.
ARTICLE 12. DURATION AND TERMINATION
These GTCs are entered into indefinitely from the time of use of the Site by the Internet user and will remain in effect as long as the Internet user uses the Site, or as long as the user who holds an Investor Account holds such Investor Account. They will cease to apply when Investor Account is deleted, whether at the user’s or Meta Capital’s initiative.
ARTICLE 13. AMENDMENT TO THE GTCs
Mata Capital may, at its discretion, amend these GTCs from time to time, particularly in order to reflect any regulatory and legislative developments or any other change in terms and conditions that Mata Capital deems useful.
Any person accessing the Site will be bound by the GTCs in effect at the time when the Site is visited.
Any material amendment to the GTCs will be specifically noted on the Site. When you are made aware of amendments, by continuing to use the Site, you indicate your acceptance of the changes to the GTCs. If you do not accept the amendments to the GTCs, we ask that you no longer use the Site.
You may not amend or revise the GTCs, and no amendment to the GTCs you would attempt to make will be binding on Mata Capital.
ARTICLE 14. SEVERABILITY CLAUSE
If one or more provisions of these GTCs prove to be ineffective, this will not affect the validity of the other provisions of the GTCs. This also applies in the event that these GTCs contain gaps. The clause to be deleted or that is lacking will be replaced by a provision that is legally valid and in accordance with the purpose of these GTCs.
ARTICLE 15. APPLICABLE LAW AND JURISDICTION
These GTCs are governed by French law.
Any dispute relating to the existence, performance, interpretation, or termination of these GTCs will fall within the jurisdiction of the Paris Court of Appeal, subject to the applicable public policy provisions regarding jurisdiction.