Legal Terms and
Conditions of Use
Marfin Investment
Group Holdings S.A.
is a company duly incorporated and operating under the Greek legislation. Its
registered office is placed at 67 Thisseos Avenue, 14671 Kifissia – Nea
Erythrea, Greece.
The marks “Marfin
Investment Group” and “MIG” are
distinctive titles of Marfin Investment Group Holdings S.A.
Please read the following terms and conditions
(the “Terms and Conditions”) which
regulate the use of this website (the “Site”)
carefully before using the Site. If you do not agree to any provision of these
Terms and Conditions, you must discontinue using this Site immediately.
The access and use of this Site constitutes
unconditional acceptance by the user of the following Terms and Conditions,
which take effect from the first visit of this Site by the user.
1. References - Interpretation
1.1 References to “user”, “you",
"your" and “yours” are references to the person accessing and/or
using this Site.
1.2 References to "MIG",
"we", "us" and “our” are references to Marfin Investment
Group Holdings S.A.
1.3 References to “Marfin Investment
Group” herein include MIG, its affiliated and associated companies (wherever in
the world they may be incorporated or operating).
1.4 A “person” and / or a ‘’ third party” shall
include any individual and/or legal entity
1.5 Words of specific gender shall
include any gender; words in singular shall include the plural and vice versa.
1.6 Headings of terms are set for
convenience only and do not affect in any manner whatsoever the interpretation
of the provisions of these Terms and Conditions.
2. Ownership - Trademarks- Industrial and Intellectual Property rights
This Site,
including the whole and any part of its content (indicatively: programs,
information material of all kinds, data, software, graphics, brands, commercial
names, logos etc.), copyright and all other industrial and intellectual
property rights in the pages and in the screens displaying the pages of this
Site, and in the information and material therein and in their arrangement are
owned by MIG and/or other members of Marfin Investment Group or used by any of
them under a license of use or any other right, unless otherwise indicated; any such content
(programs, information material of all kinds, data, software, graphics, brands,
commercial names, logos etc.), copyright and any such industrial and intellectual
property rights are protected by the relevant provisions of the Greek and
European legislation and the international conventions and treaties.
3. Use of information and material
3.1 All information and material
contained in this Site are subject to any change, modification or withdrawal in
all or in part, whether temporarily or permanently, at any time, without any
notice (prior or subsequent), by MIG, which reserves any relevant right.
3.2 These Terms and Conditions are
subject to any change, modification or withdrawal in all or in part, whether
temporarily or permanently, at any time, without any notice (prior or
subsequent), by MIG, which reserves any relevant right. You agree to review
these Terms and Conditions regularly, given that the access and use of this
Site constitutes unconditional acceptance by the user of the Terms and
Conditions.
3.3 You may not use this Site or any
Local Site (as such term is defined below) for any purpose or in any manner
that is unlawful or immoral.
3.4 Unauthorized use of this Site or MIG’s or
Marfin Investment Group’s systems, including but not limited to unauthorized
entry into such systems, misuse of passwords, alteration of any part of this
Site or misuse of any information posted on this Site is strictly prohibited.
3.5 Without prejudice to the generality
of the foregoing, the content of this Site is available to you for strictly
personal (non-commercial and/ or non-profit) use. You understand and accept
that no other right is granted to you hereunder. No sale, copying, amendment,
modification, (re)publication, transmission, transfer, reproduction,
distribution, presentation, announcement, resale, creation of a derivative
product, linking, downloading or other use of the content - in whole or in part
- of the Site is allowed in any way, by any means, for commercial or other
purposes, without prior written
permission by MIG or the beneficiary of such right.
3.6 Without prejudice to the generality
of the foregoing, this Site and its contents are not intended for any kind of distribution
to, or use by, any person or entity in country where such distribution or use
would be contrary to local law or regulation.
3.7 Without prejudice to the generality
of the foregoing, this Site and its contents are not intended for any kind of distribution
to, or use by, minors.
4. Limitation of Liability – Indemnity
4.1
This Site and access thereto is
provided on an “as is” and “as available” basis. Any liability of MIG and of any other member
of Marfin Investment Group by or with any relation to all and any express or
implied terms, conditions, warranties, representations, and/or endorsements
whatsoever with regard to this Site, its contents and any products and services
referred to in the Site is excluded to the fullest extent permitted by
applicable law.
4.2
Without prejudice to the generality
of the foregoing, neither MIG nor any other member of Marfin Investment Group
warrant the accuracy, adequacy or completeness of the information and material
contained in this Site. MIG and all other members of Marfin Investment Group
expressly disclaim any liability for errors and/or omissions, as regards such
information and material. No warranty of any kind is given, whether implied,
express or statutory, including but not limited to the warranties of
non-infringement of third party rights and freedom from computer virus, in
relation to the information and material contained in this Site.
4.3
Connection with any other internet
resources through any links, hyperlinks, banners etc. are followed at your own
risk; the content, accuracy, opinions expressed and other links provided by
such resources are not investigated, verified, monitored or endorsed by MIG.
4.4
To the fullest extent permitted by
applicable law, any liability of MIG and any other member of Marfin Investment
Group is excluded, to any person, in respect of any loss, damage, expense or
claim arising, directly or indirectly, in connection with this Site or from any
use or misuse of or inability to use this Site or its contents or any part
thereof, or any action taken by or any omission of any user of this Site in
reliance upon or on the basis of or in relation to any of the contents of this
Site, including, without limitation, in connection with any failure of
performance, error, omission, interruption, defect, delay in operation or
transmission, computer virus or connection or system failure, even if MIG or
any other member of Marfin Investment Group or representatives thereof are
advised of the possibility of such losses, damages, expenses or claims.
4.5
Neither MIG nor any other member of
Marfin Investment Group shall be liable for any damage that may occur to the
hardware or software of the user that may arise as a result of the use of this
Site and/or the connection of this Site with other webpages or sites, links or
other internet resources.
4.6
In no event shall MIG or any other
member of Marfin Investment Group be liable for any loss of profits, business,
revenue, goodwill or anticipated savings and/or indirect or consequential loss
or damage.
4.7
Without prejudice to any other rights or
remedies that any of the following persons may have, you shall indemnify and hold MIG, all other members of Marfin
Investment Group, and the directors, officers, employees and agents of MIG and
all other members of Marfin Investment Group harmless against all actions,
suits, proceedings, claims, demands, losses, damages, costs and expenses which
may be brought against them or which any of them may suffer or incur directly
or indirectly as a result of or in connection with: (i) any breach by you of any of the provisions of
these Terms and Conditions; (ii) any act or omission of yours in relation to
the use of this Site, (iii) your use or inability to use this Site; (iv) the
use of this Site by any other person accessing the Site using your computer or
internet access account and/or (iv) your violation of any rights of any other person.
4.8
Every right, exemption from
liability, limitation of liability, defense of whatsoever nature applicable to
MIG or to which MIG is entitled under these Terms and Conditions shall also be
available and shall extend to protect every other member of the Marfin
Investment Group and every director, officer, employee and agent of MIG or
other members of Marfin Investment Group who is acting in the course of his
duties. For the purpose of this clause, MIG is or shall be deemed to be acting
as agent and/or on behalf of and for the benefit of all other members of Marfin
Investment Group and all persons who are or might be the directors, officers,
employees or agents at any time of MIG and/or any other member of Marfin
Investment Group.
5. Personal Data Processing and Protection
With
reference to the processing and/or protection of any personal data concerning
you, which may come into the possession of MIG through this Site, you agree and
declare that you have read carefully and agree to the provisions of our Privacy
Policy, which are incorporated by reference to these Terms and Conditions.
6. Products and Services
6.1 Certain Products and services that
may be displayed in or via this Site are not available in all geographical
locations.
6.2 MIG or the relevant in any specific
case member of Marfin Investment Group reserves the right to determine whether
you are eligible or not for any particular product or service.
6.3 If you choose to enter this Site or any other website
outside your country of residence, you are advised that your accessing or using
the facilities available on the Site or any such other website may be illegal under
any relevant law.
6.4 Any products or services provided by any
Marfin Investment Group member shall only be available (if available) in the countries
within which the member providing the product or service is granted any
required licenses and permissions.
7. Legal Framework
7.1 The distribution of documents or
other information contained in this Site may be restricted by law in certain
jurisdictions. This Site including its content in whole or in part do not
constitute in any manner whatsoever an offer for sale or an invitation to
acquire securities in any jurisdiction where such offer or invitation is not
permitted by law.
7.2 Announcements, offers or invitations for
transactions set out in any way whatsoever in any page of this Site do not
apply to the United States, Canada, Australia, South Africa, Japan or any other
jurisdiction where such an offer or invitation would be unlawful.
7.3 Nothing contained in this Site constitutes an
offer or sale of securities of MIG or any other member of Marfin Investment
Group in the United States, Canada, Australia, South Africa, Japan or any other
jurisdiction where such an offer or invitation is not permitted by law.
7.4 If you are viewing any page of this
Site, with reference to securities and / or any relevant transaction / act,
from the United States, Canada, Australia, South Africa, Japan or any other
jurisdiction where such an invitation or offer is not permitted by law, you
should exit such page and / or the Site.
8. Nature of information
8.1 Information or opinions provided by
us or any third party on this Site or by a Local Site do not constitute in any
case whatsoever professional, financial, investment or other advice or recommendation,
and must not be used as a basis for making, or refraining from making, any
investment decisions or other decisions.
8.2 Such information and opinions do not
constitute an offer or a solicitation of an offer or a recommendation to enter
into any transaction or make any investment or buy or sell any financial
instruments or financial products or services or enter into a contractual
relationship.
9. Local Sites – third party sites
9.1 You may be able to link to other
websites or pages administrated by other members of the Marfin Investment Group
("Local Sites") through
this Site. Your use of any Local Site shall be governed by both these Terms and
Conditions and the terms and conditions of the Local Site. However, where these
Terms and Conditions conflict with those of the Local Site, the terms and
conditions of the Local Site shall prevail.
9.2 This Site may give its users the
opportunity to move via special connections (links, hyperlinks, banners etc.)
to the websites of third parties and such third parties are solely responsible
for the content of such websites. Neither MIG nor any other member of Marfin
Investment Group guarantees the availability of these third party sites and does not approve of or accept liability
for or in relation to the content, correctness, legality, fullness, actuality
or accuracy of the information, or the quality and properties of the products
and services offered in/ through any such third party site. Neither MIG nor any
other member of Marfin Investment Group accepts any liability for errors or
operating faults in the websites of third parties, nor for or in relation to any
loss, damage, expense or claim
sustained by users or raised again them directly or indirectly due to access to
these sites or use of the information, services and products available on these
sites.
10. Additional Terms
Certain sections or pages on this Site may
contain separate terms and conditions, which are in addition to these Terms and
Conditions. In the event of conflict, the additional terms and conditions will
prevail for those sections or pages.
11. Submission of information
With the reservation of any restrictions
imposed by the current legislation regarding protection of personal data and
the provisions of our Privacy Policy, any information submitted via this Site
shall be deemed and remain the property of the Marfin Investment Group members and
Marfin Investment Group members shall be free to use it for any purpose. With
the same reservation, no member of Marfin Investment Group shall be subject to
any obligations of confidentiality regarding submitted information except as
agreed by the Marfin Investment Group member having the direct customer
relationship or as otherwise specifically agreed or required by law.
12. Severability
If at any time any or more than one provisions
of these Terms and Conditions is or becomes invalid, illegal or unenforceable
in any respect under the applicable law such provision shall, as to such
jurisdiction, be ineffective solely to the extent necessary without affecting
or impairing the validity, legality and enforceability of the remaining
provisions of these Terms and Conditions.
13. Assignment
Any assignment or transfer in any way
whatsoever by you of any rights under these Terms and Conditions to any other
person is prohibited.
14. Governing Law and Jurisdiction
These Terms and Conditions as well as any
dispute or issue arising of them or in relation to their interpretation or
enforceability, or access to or use of this Site and any other matter relating
to the Site shall be governed by the laws of Greece. The Courts of Greece shall
have exclusive jurisdiction to determine any matter or dispute that may arise
in connection with the above, save that MIG shall retain the right to seek
legal protection and bring proceedings in any other jurisdiction(s) whether
concurrently or not.