General Terms and Conditions

These terms and conditions constitute an agreement between you (the user of this website) and Qapitals.

By using our website, services, and reading our content, you agree to be bound by the following terms. These may be subject to change at any time, and the continued use of our website indicates your acceptance of the new terms.

You agree that you are aware of and understand that Qapitals only shares information as a form of education. All information shared through any of our outlets does not constitute any form of financial advice or recommendation of any kind under any circumstances.

We strive to ensure that all shared information is as accurate as possible, but there may be inaccuracies or incorrect information of which we are unaware. We neither guarantee nor warrant the accuracy or completeness of news, research, or shared information. As a user, you agree that you fully understand this by continuing to use our website.

You agree to indemnify, defend, and hold harmless Qapitals, its affiliates, directors, shareholders, officers, and employees from and against any claims, liabilities, costs, damages, or losses we may incur (including, without limitation, legal representation fees) as a result of your actions or violation of these terms. If the user (you) do not agree to the Terms, they must immediately cease using the website. If the user continues to use our website, they implicitly consent to the Terms.

Privacy, gegevensverwerking en beveiliging
1. Qapitals handles the (personal) data of the Customer carefully and will only use it in accordance with applicable standards. If requested, Qapitals will inform the data subject accordingly.

2. The Customer is responsible for the processing of data that is processed using Qapitals' services. The Customer also guarantees that the content of the data is not unlawful and does not infringe upon any rights of third parties. In this context, the Customer indemnifies Qapitals against any (legal) claims related to such data or the performance of the Agreement.

3. If Qapitals is required to provide information security under the Agreement, such security measures shall comply with the agreed specifications and a level of security that, given the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Suspension and Termination
1. Qapitals has the right to retain the received or realized data, databases, and more if the Customer has not (fully) met their payment obligations. This right remains in effect even if there is a valid reason for Qapitals to suspend, justified by the occurrence of circumstances that warrant suspension.

2. Qapitals is entitled to suspend the performance of its obligations as soon as the Customer is in default with the performance of any obligation arising from the Agreement, including late payment of its invoices. The suspension will be promptly confirmed to the Customer in writing.

3. In such cases, Qapitals shall not be liable for any damages, regardless of the cause, resulting from the suspension of its activities.

4. The suspension (and/or termination) does not affect the payment obligations of the Customer for work already performed. Furthermore, the Customer is obliged to compensate Qapitals for any financial loss incurred as a result of the Customer's default.

Force Majeure
1. Qapitals shall not be liable if it is unable to fulfill its obligations under the Agreement due to a force majeure event.

2. Force majeure events on the part of Qapitals include, but are not limited to: (i) force majeure events affecting Qapitals' suppliers, (ii) the failure of suppliers prescribed or recommended by the Customer or its third parties to fulfill their obligations, (iii) defects in software or third parties involved in the provision of the service, (iv) government actions, (v) disruptions in electricity, internet, data network, and/or telecommunication facilities, (vi) illness of Qapitals' employees or its appointed advisors, and (vii) other situations beyond the control of Qapitals that temporarily or permanently prevent the fulfillment of its obligations.

3. In the event of force majeure, both Parties have the right to fully or partially terminate the Agreement. All costs incurred prior to the termination of the Agreement shall be borne by the Customer. Qapitals is not obligated to compensate the Customer for any losses resulting from such termination.

Limitation of Liability
1. If any result specified in the Agreement is not achieved, Qapitals shall only be deemed in breach if Qapitals explicitly promised such result upon acceptance of the Agreement.

2. In the event of an attributable breach by Qapitals, Qapitals shall only be liable for payment of damages if the Customer notifies Qapitals in writing of the breach within 14 days of its discovery and Qapitals fails to remedy the breach within a reasonable period of time. The written notice of default must provide a sufficiently accurate description/substantiation of the breach to enable Qapitals to respond adequately.

3. If the provision of Services by Qapitals results in Qapitals' liability, such liability shall be limited to the total amount invoiced under the Agreement, but only with respect to the Customer's direct damages, unless the damages result from intentional misconduct or gross negligence on the part of Qapitals. Direct damages include reasonable costs incurred to limit or prevent direct damages, the determination of the cause of the damages, the direct damages themselves, liability, and the manner of recovery.

4. Qapitals expressly excludes all liability for consequential damages. Qapitals shall not be liable for indirect damages, loss of business, loss of profits, savings, damage due to business interruption, loss of assets, loss of interest, and non-material damages.

5. The Customer indemnifies Qapitals against all claims by third parties arising from a defect caused by a service provided by the Customer to a third party and which also included Services provided by Qapitals unless the Customer can demonstrate that the damage was solely caused by Qapitals' service.

6. Qapitals is in no way liable for the investment results of the Customer. The Customer is fully responsible for the results of their investment portfolio and cannot hold Qapitals liable for any damages or losses.

7. Qapitals expressly disclaims any liability for the consequences of any actions or omissions based on the content of investment information. For investment advice or asset management tailored to the Customer's individual situation and the assessment of suitability and appropriateness of investments, the Customer should seek the services of an investment advisor or asset manager.

8. Qapitals does not guarantee the correct and complete transmission of the content of any email sent by or on behalf of Qapitals, nor its timely receipt.

9. All claims by the Customer due to breaches on the part of Qapitals shall expire if they are not reported to Qapitals in writing and with a proper justification within one year after the Customer became aware or reasonably should have been aware of the facts on which they base their claims. Liability of Qapitals expires one year after the termination of the Agreement between the parties.

Confidentiality
1. Qapitals and the Customer commit to maintaining the confidentiality of all confidential information obtained in the course of an engagement. The obligation of confidentiality arises from the engagement and should also be presumed when it can reasonably be expected that the information is confidential. The obligation of confidentiality does not apply if the information is already publicly/generally known, the information is not confidential, and/or the information was not disclosed to Qapitals by the Customer during the Agreement or obtained by Qapitals in any other way.

2. If Qapitals is required by law or a court order to disclose the confidential information to a party designated by law or a competent court and Qapitals cannot invoke a privilege, Qapitals shall not be liable for any damages, and the Customer shall not have grounds for terminating the Agreement.

3. Written consent from Qapitals is required for the transfer or dissemination of information to third parties and/or the publication of statements, advice, or productions provided by Qapitals to third parties, unless such consent has been expressly agreed upon in advance. The Customer shall indemnify Qapitals against any claims by such third parties resulting from their reliance on information disseminated without the written consent of Qapitals.

4. The obligation of confidentiality also applies to any third parties engaged by Qapitals and the Customer.