LEGAL NOTICE AND TERMS AND CONDITIONS OF USE OF THE WEBSITE
Words used herein in the singular, where the context so permits, shall be deemed to include the plural and vice versa. The definitions of words in the singular herein shall apply to such words when used in the plural where the context so permits and vice versa.
Company: European Digital Securities Exchange, S.V., S.A., with tax identification number A88474713, with LEI code 959800UP9ANDBHTKJ408, with registered office at José Abascal 45, 6th floor, 28003, Madrid, Spain, duly authorised as an Investment Firm by the Spanish National Securities Markets Authority, registered under number 314 in the Administrative Registry of the Spanish National Securities Markets Authority, and registered in the Madrid Commercial Registry under volume 39634, folio 8, page M-703427, 1st entry.
Financial Instruments: the financial instruments admitted to trading in the MTF.
Investment Service: these are the services provided in Annex I, Section A, of MIFID 2. For the purposes of this Terms and Conditions of Use, the ancillary services provided in Annex I, Section B, of MIFID 2 are also included, where appropriate.
Issuer: a legal entity whose financial instruments have been admitted to trading on the MTF, or who has requested their admission to trading on the MTF.
MIFID 2: Directive 2014/65/EU of the European Parliament and the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU.
MTF: the Multilateral Trading Facility managed by the Company whose commercial name is Portfolio Stock Exchange.
Multilateral Trading Facility: according to article 4.1.(22) of the MIFID 2, means a multilateral system, operated by an Investment Firm or a market operator, which brings together multiple third-party buying and selling interests in financial instruments –in the system and following non-discretionary rules– in a way that results in a contract in accordance with Title II of the MIFID 2.
Personal Data: any information about a User from which his or her identity can be determined, directly or indirectly, in particular by means of an identifier (e.g., a name, an identification number, location data, or an online identifier); or one or more elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Services: the services provided by the Company whether those are Investment Services or not.
Terms and Conditions of Use: these terms and conditions of use.
User: any person who accesses and browses the Web and, where appropriate, uses the Services provided by the Company through the Web. In any case, to use the Services provided by the Company through the Web, you must be over 18 years of age.
Web: Company’s website: https://portfolio.exchange/
2 IDENTIFICATION DATA OF THE OWNER OF THE WEB PAGE
In compliance with the provisions of article 10 of Law 34/2002, of July 11, on services of the information society and electronic commerce, it is reported that the owner of the Web is the Company, with registered office at José Abascal 45, 6th floor, 28003, Madrid, registered in the Commercial Registry of Madrid, volume 39634, folio 8, sheet M-703427, 1st entry.
For any question related to the Terms and Conditions of Use or other questions you can contact the Company through the following address email: email@example.com
3 PURPOSE AND SCOPE OF APPLICATION
The purpose of the Terms and Conditions of Use is to regulate the terms and conditions applicable to access, use and browsing of the Company’s Website, as well as the responsibility derived from its use.
The Terms and Conditions of Use will apply to any User who accesses and browses through Company’s Web and, where appropriate, uses the Services provided by the Company through the Web. In this regard, accessing and browsing the Web implies that the User knows and accepts the Terms and Conditions of Use in the form in which they are drafted at all times. It will therefore be the User’s responsibility to know their content at all times.
In case of discrepancy between the content of the Terms and Conditions of Use, and the content of the specific terms and conditions approved by the Company to regulate the Services, the content of said specific terms and conditions will prevail.
The User will use the Web in accordance with the Terms and Conditions of Use and, in any case, in accordance with good faith and applicable regulations, refraining from any illicit use.
Any improper or fraudulent use of the Web, the violation of intellectual and industrial property rights or any other rights as provided in the Terms and Conditions of Use, or the use of the Website contrary to the Terms and Conditions of Use, to good faith, or to the applicable regulations, may be persecuted by the Company through the exercise of the legal actions that correspond to it.
5 WEB CONTENT
The Company makes the content of the Web available to the User for informational purposes only.
The content and information on Financial Instruments available on the Web is content and information directly provided by the Issuer. In this regard, said content and information does not imply, in any case, personalized recommendations made by the Company to carry out any type of transaction or investment on the Financial Instruments available on the Web. The Company does not provide an advisory service in matters of investment.
Consequently, it is the User’s responsibility to obtain adequate information and professional advice on the risks associated with carrying out any transaction or investment in the Financial Instruments available on the Web. The Company will not assume any responsibility for the consequences derived from any investment decision of the User or the operation carried out by the User through the Web.
6 THIRD PARTY LINKS
- A) Links to third party websites
The Web may contain links to third-party web pages for the convenience of the User. In this regard, the Company does not assume any type of responsibility for the content of said web pages, nor does it verify or control them. The Company does not assume any type of responsibility for the unavailability of access to said web pages. In the event that said links redirect to services provided by said third-party entities, the Company does not assume any type of responsibility for said services and, specifically, for the terms and conditions applicable to them. The User must read and, where appropriate, accept said terms and conditions under their responsibility, as well as, where appropriate, the privacy and cookies policy of said web pages.
- B) Third Party Links to the Web
Any third party wishing to establish a link to the Company’s Web must contact the Company to obtain prior authorization.
7 INFORMATION PROVIDED BY THIRD PARTIES
The Web contains information provided by third parties other than the Company and, specifically, information provided by Issuers. In this sense, the Company will not be responsible for guaranteeing the accuracy, integrity and authenticity of said information and, consequently, will not be responsible for any damages that the User may suffer derived from the use of said information. These entities will be responsible for guaranteeing the accuracy, integrity and authenticity of all the documentation and information provided by them.
The Company reserves the right to unilaterally modify, at any time, and without prior notice, the content of the Terms and Conditions of Use.
The Company reserves the right to unilaterally modify, at any time, and without prior notice, the content, appearance and design of the Web, being able to incorporate, modify or delete information or Services, including the way in which they appear visible on the Web.
The Company may unilaterally restrict or suppress access to the Website, at any time and for the reasons it deems appropriate.
9 INTELLECTUAL AND INDUSTRIAL PROPERTY AND TRADEMARKS
The Company is the owner of the trademarks and trade names referred to it that appear on the Web, and of any intellectual, industrial or other property rights on the Web, and its content, appearance and design are the exclusive property of the Company. Company, except in the case of content accessible through the Web that is owned by third-party companies. The use of the Web by the User does not imply any type of transfer of such rights by the Company.
The User is authorized to view the content of the Web for their personal use. In this regard, the distribution, reproduction, public communication or any similar action of part or all of the contents of the Web is prohibited, unless expressly authorized by the Company.
The Company makes the Web available to the User in accordance with the current state of the art, which does not guarantee that the Website is free from the risk of temporary interruption, partial unavailability or other similar situations.
Without prejudice to the provisions of other parts of the Terms and Conditions of Use, the Company does not assume any type of responsibility for the following situations:
- Technical unavailability of the Web, which prevents access and navigation by Users, or the visualization of the Web in optimal conditions, due to factors external to the Company, such as, for example, failures in telecommunications service providers or energy;
- The use that Users make of the Web and, specifically, of the information contained therein;
- Damages derived from the existence of possible malware. The User must have the corresponding detection tools implemented and updated;
- Damages derived from alterations in the content of the Web produced by fraudulent or malicious access to the Web by third parties; and
- Damages caused to the User’s computer equipment that have their origin or are caused by telecommunications service providers.
To receive Services, the User must previously register and sign the specific terms and conditions applicable to them. In these cases, the Company will collect certain Personal Data of the User, in respect of which the Company will provide timely information on the treatment thereof in the aforementioned terms and conditions.
12 NULLITY AND INEFFECTIVENESS
In the event that any provision of the Terms and Conditions of Use is declared totally or partially null or ineffective, such nullity or ineffectiveness will affect only said provision, subsisting the rest of the provisions contained in the Terms and Conditions of Use.
13 APPLICABLE LEGISLATION AND JURISDICTION
The Spanish legal system will apply to the relationship between the User and the Company and, within it, the principles and rules of Common Civil Law, without reference to the rules of conflict of laws or the rules or principles of Foral Law.
For the resolution of any discrepancy that may arise between the Company and the User, the Courts and Tribunals of the city of Madrid will be competent.