The information provided on this website should not be construed as investment, financial, trading, or any other form of advice. None of the content on this website should be relied upon for making decisions regarding the purchase, sale, or holding of any cryptocurrency. By accessing this website, you acknowledge that you are doing so at your own risk. Trading cryptocurrencies involves potential rewards as well as risks. It may not be suitable for everyone, and decisions regarding financial matters should not be made solely based on the information provided on this website. It is recommended to conduct independent due diligence and seek guidance from a professional broker or financial advisor before making any investment decisions.
PROLOGUE
The present Terms of Use (the "Terms") govern your use of the Website www.nomadfulcrum.com (the "Website") and the services offered on or through this latter (the "Services"). The Website is owned and operated by Nomad Fulcrum Capital AG, a company duly incorporated under the laws of Switzerland, and an official address at à Lausanne, av. des Boveresses 44, 1010 Lausanne, so-ciété anonyme, Switzerland ("Company", "We" or "Us"). The Website is available directly at www.nomadfulcrum.com and may also be available through other addresses or channels.
1. DEFINITIONS
"Intellectual property rights" encompass copyrights, patents, registered designs, design rights, database rights, trademarks, trade secrets, know-how, or any other proprietary or industrial right, whether registered or unregistered;
"Third-Party/Third-Parties" refers to any natural person who is not a User or a Visitor;
"User" denotes a person who has completed registration on the Website and is permitted to utilize all of its services;
"Visitor" indicates a person or entity utilizing the Website without registering as a User.
2. GENERAL
The purpose of the Website is to outline the services offered by the Company. Visitors and Users can explore the team, projects, and ethos of the Company through various documents. Additionally, the Website serves as a platform for the Company to showcase its Services. As such, hyperlinks to external websites are provided for further content.
3. TERMS
By accessing the Website, subscribing to our newsletter, or contacting us, you acknowledge that you have read and understood these Terms, agreeing to comply with them and all relevant laws and regulations. If you do not agree with these Terms, please refrain from using the Website. Your consent is obtained by selecting the checkbox in the pop-up window during your initial visit, which states, "This website uses cookies to ensure you get the best experience. By continuing to use our website, you agree to our Privacy Policy and Cookies Policy." By providing consent, you confirm that you have sufficient proficiency in English to understand the Terms and all associated commitments, warranties, waivers, and obligations.
4. MODIFICATION
The Company retains the authority to modify these Terms at its discretion. Your ongoing utilisation of the Website following any alterations, whether or not you have explicitly acknowledged the revised Terms, signifies your acceptance of said modifications. Should you disagree with these modifications, you forfeit your entitlement to access the Website and obtain information. It is incumbent upon you to routinely review the current and applicable Terms, which can be accessed at any time on the Website.
5. THE WEBSITE
The Website is provided "as is," without any warranties, expressed or implied. You are granted a limited, non-exclusive, non-transferable, and revocable licence by the Company to use the Website and its materials for personal, non-commercial purposes. You may only view the Website's content on your computer screen or compatible devices, subject to compliance with these Terms and our policies. Any other use requires prior written consent from the Company.
If the Company allows the use of its proprietary or licensed software, content, virtual items, or other resources ("Software and Content"), you are granted a non-exclusive, non-transferable, and revocable licence to access and use such resources solely for personal, non-commercial purposes, provided you comply with these Terms. Unauthorised activities, including copying, altering, reverse engineering, or disseminating the Software and Content, are strictly prohibited and will result in the termination of the granted licence. No implicit licences or rights are granted to you, except those expressly stated in these Terms.
The Website explicitly disclaims any endorsement or recommendation regarding the quality, suitability, or service level of the Services featured on it. It does not provide advice on whether to use our Services or offer comprehensive information for such a decision. The sole purpose of the Website is to promote the Services available on it. We do not make any guarantees or warranties regarding potential gains or returns. There is a risk of losing all contributions, and the Company does not guarantee the success of its projects.
6. PRIVACY POLICY
By utilising our services, you consent to the Company's collection, processing, and utilisation of personal data concerning you, in accordance with the provisions outlined in the Privacy Policy. This policy delineates the terms governing the processing of any personal data obtained from you or that you furnish to us. Furthermore, you affirm that all data you provide is accurate.
7. RESTRICTED ACTIVITIES
You may use the Website only in accordance with the laws of your country of residence and the jurisdiction from which you access it. Illegal or inappropriate use is prohibited. You agree to browse lawfully and not violate these Terms or any applicable law. Prohibited actions include:
- Interfering with the Website's enjoyment or sharing offensive content.
- Engaging in illegal activities or violating the Website's terms.
- Harassing others or misrepresenting yourself.
- Damaging the Website's functionality.
- Sending spam or harmful software.
- Exporting Company-developed tools without permission.
- Using unauthorised means to access or extract data.
- Commercialising Website-related materials without consent.
- Sharing personal data without explicit consent.
- Collecting data without consent or using automated scripts.
- Posting objectionable or misleading content.
- Encouraging criminal activity.
- Copying, modifying, or selling Website content.
- Attempting to reverse engineer the Website.
- Disrupting Website operation or bypassing security measures.
- Infringing upon Company or third-party rights.
- Assisting others in prohibited actions.
8. INTELLECTUAL ASSETS
The Website Content, encompassing software, algorithms, codes, media, text, images, and more (hereinafter referred to as "Website Content"), is solely owned by the Company or its licensors. Our rights to the Website Content include ownership of the Website itself, along with all associated designs, layouts, and technical information. Any unauthorised use of the Website Content, such as distribution, reproduction, modification, or transmission, is strictly prohibited without prior written consent from the Company.
You are not permitted to access or attempt to access the source code of the Software, nor may you allow any third party to do so. Reverse engineering, decompiling, or translating the Software is strictly prohibited. The Company and its licensors retain all Intellectual property rights in the Software, as well as any modifications or corrections to it, except for open source software utilised in relation to the Website. Furthermore, the Company and its licensors maintain ownership of all materials, including text, programs, technology, and content, displayed on the Website. Accessing the Website does not grant any licence under our or any third party's intellectual property rights. Any use of the Website beyond personal, non-commercial purposes requires prior consent from the Company.
9. BRAND IDENTIFIER
The Company's trademarks, including names, logos, and slogans, are the property of the Company or its licensors. No licence for the use of these trademarks is granted in connection with the Website's materials. Accessing the Website does not authorise the use of any name, logo, or mark. Nomad Fulcrum™ is a registered trademark, and www.nomadfulcrum.com is a domain owned by the Company. These trademarks, along with other graphics, logos, and designs on the Website, are the property of the Company (hereinafter referred to as the "Marks"). You are not permitted to use the Marks in connection with any product or service in a manner that could cause confusion or imply endorsement by the Company. The Marks may not be reproduced or used without the Company's prior written consent. Any benefits derived from the use of the Company's trademarks will be retained by the Company and its affiliates.
10. ASSERTION OF ENTITLEMENTS
The Company retains the authority to block, suspend, or terminate your access to the Website, either in part or entirely, without prior notice, at its sole discretion. Additionally, the Company may close or temporarily interrupt Website operations. Your access rights may be revoked if you violate these Terms, applicable laws, or referenced policies, or if you pose a risk of legal exposure for the Company. Furthermore, the Company reserves the right to pursue legal action against individuals engaged in fraudulent activities on the Website or any other unlawful behaviour that violates these Terms.
11. COSTS OF INFRASTRUCTURE
While using the Website, you may incur charges from your network provider for data services or other third-party expenses. You acknowledge responsibility for such charges and confirm that you have obtained permission from the bill payer if you are not the one responsible for the bill.
12. ACCESSIBILITY
The Website and its content may not be accessible in all territories and jurisdictions. We reserve the right to limit or prohibit access to all or part of the Website and its content in certain territories and jurisdictions.
13. UNAVAILABILITY
As the Website operates online, temporary downtime may occur. Additionally, periodic updates or maintenance may render the Website temporarily unavailable. We do not guarantee uninterrupted or error-free operation of the Website. We disclaim responsibility for any damages or losses resulting from Website failure, interruption, or suspension of access.
14. NOTICE
You acknowledge and agree that your use of the Website entails inherent risks. The Website is provided "as is," "as available," and "under development," and the Company disclaims all warranties to the maximum extent permitted by law. This includes any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Content on the Website, including the Company's white paper, is for informational purposes only and should not be considered binding upon the Company. The Company does not warrant the availability, accuracy, or lawfulness of the Website, its software, content, or any services or information provided therein. The Company reserves the right to discontinue the Website without notice and does not guarantee its secure, uninterrupted, error-free, or virus-free operation.You agree that the entire risk associated with using the Website rests solely with you. The Company and its affiliates are not responsible for the conduct or suitability of any visitor or user. Additionally, neither the Company nor its affiliates will be liable for any claims, injuries, or damages arising from the actions or omissions of any visitor or user.Any implied warranties or conditions related to the Website, including quality, fitness for purpose, and reasonable care and skill, are expressly excluded. In the event of a dispute with a visitor, user, or third party, you agree to release the Company and its affiliates from any claims or damages arising from such disputes.
15. LIABILITY CONSTRAINTS
These Terms outline our obligations and liabilities regarding the Website. To the fullest extent permitted by law, the Company disclaims all warranties, guarantees, and responsibilities related to the Website and its content. The Company shall not be liable for any damages, including loss of income or data, resulting from actions by the Company or third parties. This includes misuse of visitor and/or user data, transmission of viruses or malware, and non-compliance with these Terms. The Company is not liable for personal injury, lost profits, or other consequential damages arising from your use or inability to use the Website.However, our liability for fraud, death, or personal injury caused by negligence is not excluded or limited by these Terms. This disclaimer and limitation of liability apply to the maximum extent permitted by law. Some states or jurisdictions may not allow the exclusion or limitation of certain damages, so these provisions may not apply to you entirely.
16. UNCONTROLLABLE EVENTS
The Company is not liable for any damage, loss, delay, or inconvenience resulting from circumstances beyond our control. These events include, but are not limited to, war, riots, terrorist activity, natural disasters, and government actions.
17. PROTECTION
You commit to defending, indemnifying, and absolving the Company, its affiliates, contractors, and service providers, along with their respective directors, officers, employees, and agents, against any and all claims, damages, costs, liabilities, and expenses brought by third parties. These encompass legal fees and stem from:
- Your utilisation or inability to utilise the Website.
- Your breach of these Terms or any other pertinent terms, policies, warnings, warranties, or instructions provided by the Company or a third party concerning the Website.
- Your infringement of any applicable law or the rights of a third party.
18. OTHER SOURCES
The Website may include links to third-party websites. The Company disclaims any responsibility for these third-party sites, which are solely provided for the convenience of Users and Visitors. The Company has no control over the content of third-party websites and cannot guarantee the accuracy, completeness, or safety of such content.
19. AGREEMENT & DIVISIBILITY
These Terms, alongside the Privacy Policy and Cookies Policy (detailing our site's cookie usage), constitute the entire agreement between you and the Company concerning Website usage. Any modifications by the Company shall be binding. Should a court of competent jurisdiction deem any provision of these Terms invalid, such provision shall be limited to the minimum extent necessary, while the remaining provisions shall remain fully effective.
20. NO WAIVER
The Company's failure to enforce any provision of these Terms does not relinquish its right to do so in the future, whether pertaining to that provision, others, or the entirety of these Terms.
21. HANDOVER
You may not assign your rights, licences, or obligations under these Terms without prior written consent from the Company, any such attempt being null. The Company reserves the right to freely assign its rights, licences, and obligations under these Terms.
22. MODIFICATION OF THE CONTENT
The Company retains the authority to alter, suspend, remove, discontinue, or restrict access to the Website or specific sections thereof without prior notice. The Company shall not be liable for any removal or restriction of access to any part or feature of the Website.
23. LAW OF GOVERNANCE
These Terms, your Website usage, and any related matters (including non-contractual disputes or claims) are governed by Swiss law, with disputes exclusively resolved by the Courts of Geneva, Switzerland, and appeal possible at the Swiss Federal Court.You agree to resolve any dispute individually and not as a class action. Additionally, you agree to maintain the confidentiality of all dispute proceedings and related information.
24. CONTACT
If you wish to contact us, please do so at the following address: Nomad Fulcrum Capital AG, à Lausanne, av. des Boveresses 44, 1010 Lausanne, so-ciété anonyme, Switzerland, or at the following e-mail address: institutionals@nomadfulcrum.com
