Terms


Welcome to AltaClub, an online community and platform for investors and startups seeking capital investment opportunities (the “Platform”). The Platform is a branch of the Altair Capital eco-system.

Altair respects your privacy. This policy (the “Policy”) explains our privacy practices for the Platform. It describes the ways your personal information is collected and used and the rights and options available to you with respect to your information.

Personal information you provide (as described below) depends on your volition and consent, but we do require it in order to allow you to use the Platform. If you choose to apply to join the Platform as an investor or startup, we also require your personal information in order to consider your application.

This Policy is incorporated by reference to our Platform’s Terms of Use (the "Terms"), and constitutes an integral part thereof.

Information you provide

If you apply to be admitted to the Platform as an investor or startup, you will be asked to provide basic contact information such as your full name, email address, nationality, country of residence, link to your LinkedIn webpage, and your mobile phone number. We will indicate the mandatory fields for completion. If you do not enter the required information in these fields, you will not be able to apply.

As we process your application, and thereafter, following your admission to the Platform (if admitted), we typically request additional personal information from you, including biographical information, and information pertaining to your investment preferences and desires, financial affairs and professional qualifications. The contact information outlined above, together with all other additional personal information you provide in connection with your application or admission to the Platform will be collectively referred to as “Application Information”.

If you are admitted to the Platform as an investor, you can choose whether or not to publicly post certain Application Information on your profile page on the Platform.

As an applicant startup or an admitted startup, materials and documents you submit to us about your startup (“StartupContent”), may also include or be indicative of personal information regarding yourself or others (such as your startup team members). Note that we may post Startup Content that you submit, on the Platform, to make it accessible and viewable by admitted investors.

STARTUP CONTENT YOU SUBMIT AND APPLICATION INFORMATION YOU PROVIDE, MAY HAVE TO DO WITH THE PRIVACY OF OTHERS. YOU MUST THEREFORE LAWFULLY OBTAIN THE CONSENT OF ALL INDIVIDUALS WHOSE PERSONAL INFORMATION OR PRIVATE AFFAIRS MAY BE INVOLVED IN SUCH STARTUP CONTENT OR APPLICATION INFORMATION. THE CONSENT MUST PERMIT YOU TO SUBMIT THE STARTUP CONTENT AND PROVIDE THE APPLICATION INFORMATION, FOR THE PURPOSES OUTLINED IN THIS POLICY.

IN ANY CASE, USE CAUTION AND COMMON SENSE WHEN YOU SUBMIT STARTUP CONTENT OR PROVIDE APPLICATION INFORMATION, INVOLVING PERSONAL INFORMATION OF YOURSELF OR OTHER INDIVIDUALS. YOU ARE SOLELY RESPONSIBLE FOR ANY CONTENT THAT YOU SUBMIT OR INFORMATION YOU PROVIDE.

Other information and data we collect

We may also collect analytical data related to your use of the Platform, such as the interactions you have made with the Platform’s interface, content that you viewed on the Platform, and the Internet Protocol (IP) address that you use to access the Platform.

Children's Privacy

We do not knowingly or intentionally collect personal information about children.

Use of information

We may use the information outlined above, for the following purposes:

  • Evaluating and considering your application as an investor or startup on the Platform (whichever is relevant).
  • Operating, maintaining and enhancing the Platform and our venture capital activities.
  • Managing the administrative and operational aspects of the Platform and our venture capital activities.
  • Sending you updates, announcements, newsletters and marketing messages (note that you may opt-out of receiving newsletters and marketing messages).
  • Enforcing this Policy and the Platform’s Terms, preventing misuse of the Platform, complying with legal requirements, assisting competent authorities, and taking action in case of a dispute involving you, with respect to the Platform or our venture capital activities.

Sharing information

We may share the information outlined above, with others, in any of the following instances:

  • With our service providers, advisors and business partners, in order to evaluate and consider your application as an investor or startup (whichever is relevant), and to operate, maintain and enhance the Platform and our venture capital activities.
  • If you are an investor or startup admitted to our Platform, we may share the information you provided with parties involved in investment opportunities posted on our Platform.
  • If you are admitted as an investor, certain Application Information that you so choose will be publicly posted on your Platform profile page. You can control the scope of information publicly posted through your investor profile settings on the Platform.
  • If you are admitted as a startup, your Startup Content and Application Information may be accessible to and viewable by investors admitted to our Platform.
  • If you have breached the Terms, abused your rights to use the Platform, or violated any applicable law. Your information may be shared with competent authorities and with any third party, as may be necessary to handle such matters.
  • If we believe that we are required by law to share or disclose your information.
  • In any case of dispute or legal proceeding of any kind involving you with respect to the Platform or our venture capital activities.
  • If the operation of the Platform or our venture capital activities are organized within a different framework or through another legal structure or entity (such as due to a merger or acquisition), provided that those entities agree to be bound by the provisions of this Policy, with reasonably necessary changes taken into consideration.
  • Personally identifiable information may be shared with affiliated companies in our corporate group, but their use of such information must comply with the Policy.

In any case other than the above, your personally identifiable information will be shared with others only if you provide your explicit prior consent.

Aggregated or anonymized information

We may use the information we collect, as outlined above, to compile anonymized or aggregated information, either by ourselves or with the assistance of third parties such as Google Analytics. We may share, sell or otherwise communicate and make available anonymized or aggregated information that does not specifically identify you or your business, with or to any other third party, in our sole discretion.

Third parties

When you use our Platform, other parties, such as Google, may collect personally identifiable information about your online activities over time and across different websites. Altair has no control over such parties and you should in each case consult such party’s privacy policy in order to understand how such party makes use of your personally identifiable information.

Choice

As a registered user, you may, at any time, opt out of our newsletters and marketing messages, by modifying your user profile settings on the Platform or following the unsubscribe link included in each newsletter and marketing message. It may take several business days for your opt-out request to take effect. You may not, however, opt-out of updates and announcements related to the operation or administration of the Platform or investments.

Cookies

We and our third party website analytics provider (such as Google) use cookies on the Platform. Cookies are packets of information sent by our servers to your web browser and then sent back by the browser each time it accesses our servers. The cookies may contain a variety of information, such as the web pages you have accessed, session durations and IP addresses. Cookies are used for various purposes, such as to collect statistical information about your use of the Platform and save you the need to re-login with your username and password when you return to the Platform.

Some cookies may expire when the session ends and you close your browser. Other cookies are saved on your computer's hard drive. If you wish to block cookies, you may do so through your browser’s settings. Please refer to the browser's Help file for further information. However, bear in mind that disabling cookies may adversely affect your user experience on the Platform.

Transfer of data outside your territory

We may store and process the personal information in the United States and in other various locations throughout the globe, including through cloud services. You hereby provide your express and unambiguous consent to such cross-border transfer of your personal information.

Data security

We implement measures to reduce risks of damage, loss and unauthorized access or use of personal information, but they do not provide absolute security. Therefore, we cannot guarantee that the Platform or our systems are immune to unauthorized access to the information stored therein and to other information security risks.

Changes to this Privacy Policy

We may change this Policy from time to time. Substantial changes will take effect 30 days after we provide a notice of such changes on the Platform. Other changes will take effect 7 days after we provide notice. However, if the policy is amended to comply with legal requirements, the amendments will become effective immediately upon their initial posting, or as required. The most up-to-date policy will always be accessible on our Platform.

In any event, we will seek your explicit consent if we wish to have substantial changes to the Policy apply to personal information we collected prior to those changes.

Welcome to AltaClub, an online community and platform for investors and startups seeking capital investment opportunities (the “Platform”).

AltaClub respects the intellectual property and privacy rights of others and requests that its users to do the same.

Alleged infringement notice

If you believe that certain content, which appears on or through the Platform, infringes rights that you own or represent, such as copyrights or privacy rights, you may send our designated agent ("Agent") a written notification, stating the location of the content claimed to be infringing. Upon your notification and subject to copyright, privacy and other pertinent laws, we may remove or disable access to any such content.

To be effective, your notification of claimed infringement must be a written communication provided to our Agent that substantially includes the following:

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of the right that is allegedly infringed;
  2. Identification of the content and the pertinent exclusive legal right claimed to be infringed, or if multiple materials or legal rights are covered by a single notification, a representative list of such elements; 
  3. Identification of the material that is claimed to infringe or to be the subject of infringing activity and the access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including the exact Platform page in which you discovered the allegedly infringing content;
  4.  Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
  5. A statement that you have a good faith belief that the use of the material, in the manner complained of, is not authorized by the owner of the pertinent legal right, its agent, or the law;
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the pertinent exclusive legal right that is allegedly infringed.

After receiving your communication, we may ask you to provide further or supplemental information, prior to removing any content displayed on the Platform, as we deem necessary to comply with the law. We may also provide the user who submitted the allegedly infringing content, with your contact details, in order for that person to be able to contact you and challenge your claim.

Counter notification

If we’ve removed material that you submitted for posting, pursuant to a notification of claimed infringement that we received, then you have an opportunity to respond to the notice and takedown by submitting a counter-notification to our Agent. To be effective, your counter notification must be a written communication provided to our Agent that includes substantially the following:

  1. Your physical or electronic signature;
  2. Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
  3. A statement, under penalty of perjury, that you have a good faith belief that the material was disabled as a result of mistake or misidentification of the material to be disabled;
  4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the competent courts in any judicial district in which your address is located or in which you may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

After receipt of a counter notification, we will provide the person who submitted the claimed infringement notification, with a copy of the counter notification.

Subject to the applicable law, we may then replace the removed material and cease disabling access to it within 10 to 14 business days following receipt of the counter notice, unless our Agent first receives notice from the person who notified us of the claimed infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Platform.

Repeat infringements

We may terminate your user account on the Platform if we, in our sole discretion, determine that you are a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once or a user whose submitted material was removed from the Platform more than once.

We may decide, at our sole discretion, that a sufficient reason exists for the immediate termination of your account for any reason, at any time. In these cases we may terminate your account immediately.

Misrepresentations

Any person who knowingly materially misrepresents that: (1) certain material is infringing, or (2) certain material was removed or disabled by mistake or misidentification – may be liable for any damages, including costs and attorneys’ fees, that we may incur, if we are injured by such misrepresentation, as the result of our reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.

Welcome

Welcome to AltaClub, an online community and platform for investors and startups seeking capital investment opportunities (the “Platform”). The Platform is a branch of the Altair Capital eco-system (“Altair”, “we”, “us”, “our”).

Please carefully read the following Terms of Use (the "Terms"). By using or accessing the Platform, you agree to be bound by the Terms. If you do not agree to the Terms, you may not use the Platform in any way.

If you are under the age of 18 you may not use the Platform in any way.

About the Platform

Our Platform is structured as follows:

  • Sections presenting informative content about Altair, such as our team and vision, success stories, investment strategy and past investments. These sections are publicly accessible to all users visiting our Platform (“Platform Visitors”).
  • Application forms through which you may apply for admission to the Platform as an investor or startup.
  • Limited-access sections, with information about startup companies and investors who are seeking capital investment opportunities. We make these sections accessible only to such admitted investors and admitted startup companies, that we, in our discretion, specifically select (“Registered Users”).

VENTURE CAPITAL INVESTMENTS ARE INHERENTLY RISKY AND YOU MUST USE CAREFUL DISCRETION AND JUDGMENT BEFORE MAKING ANY SUCH INVESTMENT. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY FOR:

  • PROPERLY EVALUATING THE RISKS AND TERMS ASSOCIATED WITH ANY INVESTMENT OPPORTUNITY PUBLISHED ON THE PLATFORM;
  • DETERMINING WHETHER AND TO WHAT EXTENT THOSE RISKS AND TERMS ARE SUITABLE, DESIRABLE AND ACCEPTABLE TO YOU;
  • DETERMINING THE DESIRABLE SCOPE OF ANY INVESTMENT YOU WISH TO MAKE (IF ANY); AND
  • ANY AND ALL CONSEQUENCES AND OUTCOMES (INCLUDING LEGAL AND FINANCIAL CONSEQUENCES) RESULTING FROM THE ABOVE.

ALTAIR AND THE PLATFORM ARE NOT INTENDED AS, AND DO NOT PROVIDE, ANY INVESTMENT ADVICE SERVICES WHATSOEVER. ALTAIR IS NEITHER A LICENSED FINANCIAL ADVISOR NOR A LICENSED INVESTMENT ADVISOR . OUR PAST SUCCESS STORIES, PAST INVESTMENTS AND INVESTMENT STRATEGY ARE NOT INDICATIVE OF FUTURE PERFORMANCE OF, OR RETURNS ON, INVESTMENTS.

WE STRONGLY ENCOURAGE YOU TO CONDUCT YOUR OWN PERTINENT RESEARCH AND DUE DILIGENCE INVESTIGATION, GIVEN THAT THE PLATFORM DOES NOT NECESSARILY PROVIDE ALL INFORMATION YOU MAY REQUIRE TO PROPERLY EVALUATE THE BENEFITS AND RISKS OF A GIVEN INVESTMENT OPPORTUNITY.  

WE ALSO STRONGLY ENCOURAGE YOU TO SEEK THE ADVICE AND GUIDANCE OF QUALIFIED SECURITIES AND INVESTMENT PROFESSIONAL, ACCOUNTANT, FINANCIAL ADVISOR, TAX ADVISOR AND LEGAL COUNSEL, IN CONNECTION WITH ANY INVESTMENT OR TRANSACTION YOU ARE CONTEMPLATING.

Registration

To be considered for admission as an investor or startup company on the Platform, you must apply through our designated online applications forms. We will indicate the mandatory fields for completion. If you do not provide the required information in these fields, you will not be able to apply.

As we process your application, and thereafter, following your admission to the Platform (if admitted), we may request additional information, documentation and materials from you, as we, in our discretion, deem necessary. If you decline to provide the additional information, documentation and materials we request, or if you fail to provide them within the timeframe we request, you will not be able to apply, or if you have already been admitted – we may suspend or terminate your registration on the Platform.

You must provide true, accurate and complete information, and you are fully accountable for any outcome that may result from your failure to do so. If you are applying on behalf of, or as, a legal entity (such as a company), then you represent and warrant that you are duly authorized by the legal entity to do so and that you are duly authorized to bind the legal entity to these Terms.

Once we complete processing, evaluating and considering your application, we will determine, in our sole discretion, whether to accept or decline your application to be admitted as a Registered User. We are not obligated to admit you or any other applicant, to the Platform, and we may, but are not obligated to, inform you of the grounds for our decision regarding your application. You will have no plea, claim or demand against us in connection with any decision we may or may not make regarding your own, or anyone else’s, application or admission. Our decision is final and non-contestable.

If we admit you as a Registered User on the Platform, you will be designated an account username and password.Make sure that you change your password periodically. You may not transfer your account to any third party, in any manner whatsoever. You must maintain the confidentiality of your account login details, and may not provide or disclose them to anyone else or otherwise allow or permit others to view the content accessible through your Registered User account.

Platform use and restrictions

Subject to these Terms and your access privileges as a Platform Visitor or Registered User, you may access and view the content available on the Platform.

Content on the Platform that is only accessible to Registered Users (the “Content”) is strictly for their own use, for the purpose of exploring and evaluating the investment opportunities presented on the Platform. As a Registered User, you may not share Content with, or make it available to, anyone else other than your professional advisors.

You are solely responsible for all acts and omissions associated with your access to and use of the Platform.

When using the Platform, you must refrain from –

  • Violating any rules, guidelines or instructions that we may convey with respect to the Platform;
  • Interfering with or disrupting the functionality of the Platform;
  • Breaching the security of the Platform or identifying any security vulnerabilities in it;
  • Circumventing or manipulating the operation or functionality of the Platform, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Platform;
  • Sending automated or machine generated queries;
  • Using robots, crawlers and similar applications to scrape, harvest, collect or compile content from the Platform;
  • Submitting false, inaccurate, deceptive or misleading content;
  • Displaying the Platform or any part thereof in an exposed or concealed frame, or linking to content on the Platform, independently from the manner in which they originally appear;
  • Impersonating any person or entity, or making any false statement pertaining to your identity;
  • Collecting or processing personal information about Platform Visitors or Registered Users;
  • Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing securities or privacy.

You may not submit or otherwise communicate through the Platform any content that:

  • May infringe rights of other parties, including patents, copyrights, trade secrets, trademarks, business confidentiality, a person's right to privacy or right of publicity;
  • May include software viruses, spyware or any other malicious applications;
  • May be prohibited by any applicable law, regulatory guidelines or court orders; or
  • May be threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable.

You may not access or use the Platform in order to develop or create a similar or competitive platform.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE PLATFORM. WE MAY SUSPEND OR TERMINATE YOUR REGISTERED USER ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE PLATFORM, WITHOUT PRIOR NOTICE, IF WE, IN OUR SOLE DISCRETION, BELIEVE THAT YOU ARE MISUSING THE PLATFORM.

Content and transactions

The Content on the Platform that is only accessible to Registered Users originates from third parties, including other Registered Users. We make no representation or judgment, and provide no opinion, about the accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality of such Content.

You assume full and exclusive responsibility for your reliance on the Content, and for all consequences resulting therefrom.

Investment transactions are not subject to these terms, but rather to separate terms and conditions that specifically govern the transaction.

Applicant startup companies and startup companies admitted to the Platform may submit from time to time materials and documents about themselves (“Company Materials”).

STARTUP COMPANIES ARE SOLELY RESPONSIBLE FOR THE COMPANY MATERIALS THEY SUBMIT TO THE PLATFORM. WE DO NOT NORMALLY APPROVE OR DISQUALIFY CONTENT THAT START-UP COMPANIES SUBMIT, BUT WE RESERVE THE RIGHT TO DO SO.

WE DO NOT CLAIM OWNERSHIP OVER THE COMPANY MATERIALS THAT STARTUP COMPANIES SUBMIT TO THE PLATFORM.

IF YOU ARE A STARTUP COMPANY, WHEN YOU SUBMIT COMPANY MATERIALS, YOU REPRESENT AND WARRANT TO US THAT:

  • YOU ARE THE RIGHTFUL OWNER OF ALL RIGHTS TO SUCH COMPANY MATERIALS OR ARE LAWFULLY LICENSED BY ALL THE RIGHTFUL OWNERS OF ALL INTELLECTUAL-PROPERTY PROTECTED ELEMENTS COMPRISING THE CONTENT, TO SUBMIT SUCH COMPANY MATERIALS TO THE PLATFORM;
  • YOU ARE LAWFULLY ENTITLED TO GRANT US THE LICENSES IN AND TO SUCH COMPANY MATERIALS, AS CONTEMPLATED BY THESE TERMS;
  • YOU LAWFULLY OBTAINED THE CONSENT OF ALL INDIVIDUALS THAT MAY BE DEPICTED OR SHOWN IN THE COMPANY MATERIALS, OR WHOSE PERSONAL INFORMATION OR AFFAIRS MAY BE DEPICTED OR SHOWN IN THE COMPANY MATERIALS, TO SUBMIT THE COMPANY MATERIALS FOR THE PURPOSES AND IN THE MANNERS CONTEMPLATED BY THESE TERMS;
  • SUBMITTING THE COMPANY MATERIALS TO THE PLATFORM AND ITS POSTING ON THE PLATFORM AS OUTLINED IN THESE TERMS, ARE LEGALLY PERMISSIBLE, AND DO NOT INFRINGE ANY RIGHTS OF THIRD PARTIES, INCLUDING INTELLECTUAL PROPERTY RIGHTS, PRIVACY RIGHTS AND PUBLICITY RIGHTS.

By submitting Company Materials to the Platform, you give us permission to use, copy, post and share Company Materials, for the following purposes:

  • Evaluating and considering your application as a startup seeking admission to the Platform.
  • Providing such Company Materials to Registered Users who we believe may be relevant to the investment opportunity.
  • Managing the administrative and operational aspects of the Platform and our venture capital activities, and enhancing them.
  • Enforcing these Terms and our Privacy Policy, preventing misuse of the Platform, complying with legal requirements, assisting competent authorities, and taking action in case of a dispute involving you, with respect to the Platform or our venture capital activities.

You acknowledge and agree that we and the Platform cannot practicably prevent Registered Users from misappropriating or misusing your Company Materials, or from using them in manners you may find objectionable.

You waive all moral rights and rights of attribution you may have with respect to Company Materials, and represent and warrant that you have secured the irrevocable waiver of all moral right that any third party may have (or may have had) in any Company Materials.

We may, at any time, and without prior notice to you, remove any Company Materials posted on the Platform, without any liability to you, if we, in our sole discretion, believe that Company Materials violate these Terms.

Your privacy

We respect your privacy. Our Privacy policy, which is incorporated to these Terms by reference, explains the privacy practices on the Platform.

Intellectual property

We and our licensors own all rights, title and interest in and to the Platform, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith.

Other than as expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Platform, any part thereof or any the Content on the Platform (except for Content that you exclusively own all intellectual property rights in), either by yourself or by a third party on your behalf, in any way or by any means.

You may not use any name, mark, logo or domain name that is similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute, or damage our goodwill.

Requests to remove Content from the Platform

Requests to remove Content that purportedly infringes or violates third party rights, such as copyright or privacy, from the Platform, must be made in accordance with our Content Takedown Policy.

Changes in the Platform; discontinuation

We may, at any time and without prior notice, change the layout, design, scope, features or availability of the Platform or the Content.

Such changes, by their nature, may cause inconvenience or even malfunctions. YOU ACKNOWLEDGE AND AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

We may, at any time and in our sole discretion, discontinue or terminate the operation of the Platform, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the operation of the Platform, in whole, or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.

Changes to the Terms

From time to time, we may change the Terms. If you are a Registered User, we will provide you notice of such changes. Your continued use of the Platform after the effective date of the amended Terms constitutes your consent to the amended Terms. In case of legal requirement, we may also introduce immediate changes to the Terms and require that you accept them. In any event, if you do not consent to the amended Terms, we may terminate these Terms and your account and block your access to, and use of, the Platform. The latest version of the Terms will always be accessible on the Platform.

DISCLAIMER OF WARRANTY

THE PLATFORM IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, CONSULTANTS, SUBCONTRACTORS AND ASSIGNEES (COLLECTIVELY, OUR “STAFF”) DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PLATFORM, THE CONTENT AND OTHER MATERIALS POSTED ON THE PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRECTNESS, LEGAL COMPLIANCE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, INVESTMENT RETURN OR OUTCOME, RESULTS OR OUTCOMES OF FUNDRAISING, AVAILABILITY, SAFETY, SECURITY OR ACCURACY. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE PLATFORM IS ENTIRELY, OR TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.

WE DO NOT WARRANT THAT THE PLATFORM WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.

WE ARE NOT OBLIGATED TO INVEST, AND DO NOT MAKE ANY COMMITMENTS THAT OTHER REGISTERED USERS WILL INVEST, IN ANY PARTICULAR START-UP, OR AT ALL.

The availability, quality and functionality of the Platform depends on various factors, including software, hardware and communication networks, which are provided by third parties, at their responsibility. These factors are not fault-free.

 

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE PLATFORM OR THE MATERIALS PRESENTED ON IT, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE PLATFORM, OR FROM YOUR RELIANCE ON THE CONTENT OR MATERIALS PRESENTED ON THE PLATFORM, OR FROM ANY EXPECTATIONS FOR INVESTMENT RETURNS OR OUTCOME, OR FROM ANY EXPECTATIONS FOR FUNDRAISING RESULTS OR OUTCOMES, OR FROM ANY LEGAL OR CONTRACTUAL NON-COMPLIANCE OF THE CONTENT OR OTHER MATERIALS PRESENTED ON THE PLATFORM, OR FROM ANY INVESTMENT LOSSES IN CONNECTION WITH THE PLATFORM, OR FROM ANY LOST OR MISSED INVESTMENT OPPORTUNITIES, OR FROM ANY ERROR MADE BY OUR STAFF, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH US OR THE PLATFORM, OR FROM ANY COMMUNICATIONS, INTERACTIONS, DEALINGS, ENGAGEMENTS AND TRANSACTIONS IN CONNECTION WITH THE PLATFORM OR WITH OTHER REGISTERED USERS OF THE PLATFORM, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF CONTENT.

Indemnity

To the maximum extent permitted by law, you will indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of the Platform, your breach of the Terms, your violation, or infringement of any other person’s rights, or your activities, Content and communications on or through the Platform.

Termination of these Terms – Registered Users

Registered Users may, at any time, terminate these Terms by providing us a seven (7) days advance written notice, however, for the avoidance of doubt, this shall not cancel any commitment to invest that you made prior to your notification to terminate these Terms, and you shall remain fully bound thereby in accordance with the terms and conditions of such commitment. Upon termination, we will block your access to the Platform as a Registered User and you must discontinue any and all use of the Platform.

We may terminate these Terms in cases described herein, by issuing you a notice of such termination, blocking your access to and use of the Platform, or in any other manner contemplated by these Terms.

Consequences of termination

The termination of these Terms will not remove Content that you have previously submitted, from the Platform.

The following sections shall survive any termination, or expiration of the Terms: Content and transactions, Your privacy, Intellectual property, Requests to remove Content from the Platform, Limitation of Liability, Indemnity, Consequences of termination, Governing Law & Dispute Resolution, General.

Governing Law & Dispute Resolution

Regardless of your place of residence or where you access or use the Platform from, these Terms and your use of the Platform will be exclusively governed by and construed in accordance with the laws of England, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than England.

Any dispute, controversy or claim which may arise out of or in connection with these Terms or the Platform, shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules, which are deemed to be incorporated by reference to this clause.  The Emergency Arbitrator Provisions shall not apply. The language of arbitration shall be English.  Arbitration shall take place in London, UK

Notwithstanding the foregoing: (a) we may lodge a claim against you pursuant to the indemnity clause above, in any court adjudicating a third party claim against us; and (b) each party may seek injunctive or emergency relief, in any court having jurisdiction over the other party.

General

Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

These Terms constitute the entire agreement between you and us concerning the subject matter herein, and supersede all prior and contemporaneous negotiations and oral representations, agreements and statements.

These Terms may only be modified by written amendment duly executed by us. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by us, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative.

Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

You may not assign or transfer your rights and obligations under the Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void. Notwithstanding the provisions of applicable law, we may assign these Terms in their entirety, including all rights, duties, liabilities, performance and obligations therein, upon notice to you and without obtaining your further specific consent, to a third-party, upon a merger, acquisition, change of control or the sale of all or substantially all of our equity or assets. By virtue of such assignment, the assignee assumes our stead, and we are released from all right, duties, liabilities, performance and obligations.

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court or arbitration tribunal, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.

THE INFORMATION PRESENTED REGARDING COMPANIES ON THIS SITE IS FOR ACCREDITED INVESTORS WHO HAVE EXPRESSED AN INTEREST IN INVESTING IN START-UP COMPANIES THROUGH ALTACLUB. THIS IS NOT AN OFFER TO SELL SECURITIES. THESE PRESENTATIONS DO NOT INCLUDE ALL OF THE INFORMATION NECESSARY TO EVALUATE AN INVESTMENT, AND THEY ARE QUALIFIED IN THEIR ENTIRETY BY THE SPECIFIC TERMS OF THE INVESTMENT DOCUMENTATION.

INVESTING IN SECURITIES IN PRIVATELY-HELD START-UPS INVOLVES SEVERAL RISKS, INCLUDING ILLIQUIDITY AND THE POSSIBLE LOSS OF YOUR ENTIRE INVESTMENT. YOU MUST HAVE THE ABIILTY TO BEAR SUCH A LOSS.  ALTACLUB DOES NOT VERIFY OR ASSURE THE ACCURACY OR COMPLETENESS OF THE COMPANY INFORMATION PRESENTED ON THE SITE OR THAT THE COMPANY VALUATION IS APPROPRIATE.  YOU ARE STRONGLY URGED TO TAKE PROPER CARE AND DUE DILIGENCE IN PERFORMING ANY SUCH INVESTMENT, INCLUDING CONSULTING WITH YOUR INVESTMENT AND LEGAL ADVISORS.  PLEASE CAREFULLY REVIEW THE "RISK FACTORS" WHICH APPEAR ON THE ALTACLUB SITE, AS WELL AS OUR TERMS OF USE AND PRIVACY POLICY.

ALTACLUB IS NOT A REGISTERED BROKER DEALER AND DOES NOT PROVIDE INVESTMENT ADVICE, ANALYSIS OR RECOMMENDATIONS RELATING TO ANY COMPANY PRESENTED ON THE SITE.  TO THE FULLEST EXTENT PERMITTED UNDER LAW, NONE OF ALTACLUB OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES OR ADVISORS SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSS INCURRED IN CONNECTION WITH ANY INVESTMENT ENTERED INTO BY VIRTUE OF THE ALTACLUB PLATFORM.