Terms and conditions & legal notice
Action required: sign the confidentiality agreement on the information available on the bewaterfunds.com. website
The website user agrees to all the conditions specified in this agreement on the confidentiality of information by accepting the registration conditions therein and acknowledges that failure to comply with them may lead to monetary compensation claims.
FIRST: All information available on the bewaterfunds.com website shall be confidential (hereinafter, "Confidential Information") and may not be disclosed to third parties without the prior written consent of Bewater Asset Management SGEIC (Collective Investment Undertaking Management Firm). For the purposes of this Agreement, "Confidential Information" shall mean, without limitation, all legal, economic, financial, technical (including source codes, functional documents), commercial, strategic or other type of information contained within the website that is disclosed to the user (including information about investees, their capitalisation tables, subsidiaries or investees, and other companies managed by them), orally, in writing or in any other medium, as well as any analysis, compilation, study, summary, extract or documentation of any kind prepared by the user based on the information gathered while performing their activity. All Confidential Information disclosed pursuant to this Agreement shall remain the property of Bewater Asset Management SGEIC.
SECOND: The user undertakes to keep secret and take appropriate measures to ensure the confidential treatment of the Information communicated by Bewater Asset Management SGEIC. As regards the Confidential Information provided within the framework of this Agreement, the user agrees:
- Not to distribute, disclose or otherwise disseminate the Confidential Information to any third party except its own employees to the extent necessary to carry out the analysis thereof. In this sense, the user undertakes and directly assumes the responsibility of ensuring that the confidentiality obligation object of this agreement shall be complied with by those employees who have access to the Confidential Information;
- To adopt the necessary measures to preserve the secrecy of Confidential Information, to which end and for these purposes: a) Such measures shall in no case be less rigorous or strict than those used to protect their own confidential information and b) The measures adopted shall be consistent with due business judgement as applicable to the nature of the Confidential Information being exchanged.
- To treat Confidential Information with the utmost care to prevent disclosure to any third party;
- To use and limit the Confidential Information exclusively to carry out the analysis, assuming responsibility for any use other than the aforementioned, made by them or by the natural or legal persons to whom they have granted access to the Confidential Information.
- The user shall be responsible for the custody of the Confidential Information and any copies thereof, pursuant to its treatment as confidential, secret and restricted, and shall return all Confidential Information and destroy or permanently delete all copies of Confidential Information in their possession if so required, as well as make every effort to ensure that any person to whom the Confidential Information has been communicated destroys or permanently deletes such Confidential Information as well as any copy thereof, where applicable.
- Likewise, with regards to personal data, the parties undertake to comply with the provisions on data protection and especially the provisions of Law 15/1999, of 13 December 1999, on the Protection of Personal Data and its development regulations, approved by Royal Decree 1720/2007.
THIRD. The obligations set forth in clause 2 of this Confidentiality Agreement shall not apply where the information:
- Is or will become available to the public in any manner other than its direct or indirect disclosure by the user.
- Must be compulsorily disclosed by law, by resolution of any relevant court or by decision of any other administrative or regulatory body.
- Is received through unrestricted third parties, not in violation of this Agreement.
FOURTH: This Agreement shall be effective as of the user registration date on the Website and is valid for an indefinite period.
FIFTH. Bewater Asset Management SGEIC may be greatly harmed by the violation of the terms contained in this Confidentiality Agreement. Therefore, compensation or certain conduct may apply in the event of any threat to or breach of the provisions in this Agreement.
SIXTH. Any modification or change in the clauses of this agreement shall be valid if and only if it is electronically accepted by both the user and Bewater Asset Management SGEIC.SEVENTH. This Agreement is subject to Spanish law. Any controversy or dispute arising between the Parties in relation to this Agreement and, in particular, its interpretation, validity, effectiveness, compliance, resolution or termination shall be subject to the jurisdiction of the Courts of the city of Madrid.
Terms and conditions
- The website for the purchase and sale of shares of Bewater Funds (commercial branch of Bewater Asset Management S.G.E.I.C of closed-end funds, S.A) available at www.bewaterfunds.com (hereafter, the web) is a site administered by Bewater Asset Management S.G.E.I.C of closed-end funds S.A. (hereafter, Bewater Asset Management), in which you can submit expressions of interest for the purchase or sale of shares in Closed-End Funds (CEF).
- For the purpose of the Terms and Conditions the investor will be referred to as the client. Bewater Asset Management will be referred to as the Service Provider.
- To operate on the web, you have been considered an accredited investor, as a result of your responses to the registration form and/or to certain documents or information you have provided. This means that you are presumed to have the experience, knowledge and qualifications necessary to make your own investment decisions and assess the risks involved. Despite this, we would like to warn you that investment in Bewater Funds is considered an investment in a
product in which you risk losing all your investment. By signing the Terms and Conditions you confirm that you assume this risk.
We would further like to warn you of the following risk indicators associated with shares of the funds managed by Bewater Asset Management.
- To access the web, the client must have a Username and Password, that the client will choose when registering their account.
Usernames and Passwords are secret and intransferable. You are responsible for maintaining their confidentiality and not sharing them with anyone.
The Service Provider will not be responsible for the misuse of the Username or Password, as well as its transfer to third parties, loss, theft or any action or omission resulting in the commission of fraud or the loss of its confidentiality. The client must immediately communicate any of these actions to the service provider. In the meantime, Bewater Asset Management will be exonerated from any liability that may arise as a result of its use. For security reasons, Bewater Asset Management may modify the Password, notifying the client the date at which it will be deactivated.
Bewater Asset Management will assign any expression of will made with the aforementioned User and Password to its owner, deriving all the legal effects of it. Consequently, any expression of interest for acquiring or transferring Fund shares made with the Username and Password will be considered to have been done by the client.
The client will be able to modify their Username and Password at any time. This change will be attributed to the client and subsequent expressions of interest made through the new User and Password will be considered to have been submitted by the client.
- Information and documentation on companies part of the CEF will be published on the web. The information and documentation have been provided by the corresponding companies and, therefore, the service provider will in no case be responsible for the accuracy and integrity of the provided date, making the company solely responsible for the same. In no case, should it be understood that the the web promotes the purchase of shares of the CEF or that the Service Provider is providing the client with advisory services on the investment or divestment of shares in the CEF.
- Bewater Asset Management will not be liable for any damages that may be caused to the client, as a result of interference, omissions, interruptions or disconnections in the operation and access to the web, or any other fault in the network, computer or telematic systems used. Bewater Asset management will neither be liable for any damages caused by illegitimate interferences from third parties or so-called “computer viruses” or as a consequence of other transactions, queries or outside information.
- The client expressly acknowledges that the intellectual and industrial property of the information and data contained in the Service, or to which it allows access, are the exclusive property of Bewater Asset Management or the corresponding suppliers. The webpages of bewaterfunds.com can not be copied, modified or altered, nor can links to those pages be established with other Internet pages, Infovía or any similar system and service.
- The Service Provider guarantees the confidentiality of the information and data that the client communicates to him.
The client will remain informed of the incorporation of their data to Bewater Asset Management (as the owner of the web) as well as their ability to manage their relationship as a user of website, owner, or potential CEF shareholder. Bewater Asset Management will have the status of Data Protection Officer.
The only personal data the Data Protection Officer will have access to is those the client voluntarily provides. In this regard, in order to operate on the web or for purchasing and holding shares in the CEF, you will need to provide the Data Protection Officer with certain personal data, and that you acknowledge that the legal relationship arising from the regulation can not be managed without supplying this data.
In compliance with current regulations, the Data Protection Officer has adopted technical and organizational measures necessary to maintain the level of security required for the personal data processed. The manager is also equipped with mechanisms to prevent the unauthorized access, theft, modifications and the loss of data.
Likewise, the client authorises the communication or transfer of the aforementioned data to the persons substituting the Data Protection Officer in the legal relationship, requiring consent, particularly from the Asset Manager to replace the previous Asset Manager, as well as other entities of the same group of companies and those persons to whom the Asset Manager delegates functions. In the case of subsequent transfers to companies in which they delegate their functions, the shareholders agree that the Asset Manager communicates such changes to interested parties through the established process.
The shareholder is informed of their right of access, rectification, and erasure regarding their personal data in accordance to the law, and may exercise this right by writing a letter addressed to the Asset Manager:
Bewater Asset Management S.G.E.I.C of closed-end funds, S.A., Calle Serrano 213, 1-A4, 28016, Madrid.
The client agrees to the use of their data by Bewater Asset Management, Indexa Capital Group SL, Indexa Capital AV and any other company of the same group or its delegates to offer the sale of shares in any CEF. The shareholder may request that their data not be used to offer them different CEFs from the one they own but in any case they agree to be offered subscription rights from the CEF they own.
- Communications between the service providers may be made in writing by mail, telegram, fax, or electronically to the corresponding contact information provided on the Web or that have been provided to the client.
- These general conditions are governed by Spanish law. Li>
- The client accepts all of the general conditions of the Terms and Conditions and assures their understanding thereof.
Intellectual and industrial property
Indexa Capital Group, S.L., 100% shareholder of Bewater Asset Management is currently the owner of the domain name bewaterfunds.com.
The entire website, including but not limited to its design, structure and distribution, texts and contents, logos, brands, buttons, images, drawings, source code, as well as all intellectual and industrial property rights and any another distinctive sign, belong or have as assignee the owner of the website or, where appropriate, the natural or legal persons listed as authors or owners of the rights, or their licensors.
The user agrees to respect these rights. In particular, not to reproduce all or part of the content the user could access on the website without express prior authorization from Bewater Asset Management S.G.E.I.C de tipo cerrado, S.A. (hereinafter Bewater Asset Management). You can view the elements of the website, print them, copy them and store them on your computer or any other physical support provided that is solely and exclusively for your personal and private use. Therefore, the transformation, distribution, public communication, modification, alteration or decompilation is strictly forbidden.
Bewater Asset Management is the exclusive owner or has a license to use all the brands exhibited on the website. For such purposes, access to or use of the website does not grant any type of license or right over such brands.
Bewater Asset Management will not assume any responsibility regarding the intellectual or industrial property rights owned by third parties, infringed upon by users.
For any information about this, you can contact Bewater Asset Management in writing through this contact form.
The website can use technical link devices (links, banners or buttons), which allow users to access websites belonging to or managed by third parties. Therefore, Bewater Asset Management S.G.E.I.C of closed-end funds, S.A., will not be responsible for information that is outside this website and that is not managed by its managers.
The user must be aware that Bewater Asset Management S.G.E.I.C of closed end funds, S.A., is not responsible for the privacy policies of these other websites. We recommend that users be aware that by using one of these links they are leaving our website and that they have read the privacy policies of these other websites, especially if they collect personal data.