Terms and conditions & legal notice
Terms and conditions
- The website for the purchase and sale of shares of Bewaters 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, BEWA7ER MARKET 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
Bewa7er Market, 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.