Terms and conditions of Use
Version in force as of 27 April 2022
This website is intended to users who are at least eighteen (18) years old.
By using this website, you confirm that you are at least eighteen (18) years old, and you agree to these Terms and Conditions of Use (the “Terms”), which constitute a legal agreement between you and InfraVia Capital Partners governing your access to and use of the Website.
It is your responsibility to review the Terms and to make sure you understand and comply with them. Your compliance with the Terms is an ongoing condition to your use of the Website, and you may not use it if you are not prepared to comply with all of the Terms.
If you are a “Registered User” benefiting from a personal access to the dedicated investor portal accessible from the Website and hosted by Intralinks, Inc.’s (the “Investor Section”), you shall in addition comply with the provisions specifically dedicated to Registered Users set out herein and through the Investor Section.
Purpose of the Website
The purpose of this website is to present general information about the activities of InfraVia Capital Partners.
The information on the Website shall not be regarded as information of a contractual nature and nothing on the Website should be construed as an offer, recommendation, invitation or solicitation in relation to any services or products of InfraVia Capital Partners or any fund it manages, and generally should not form the basis for entering into any transactions, services or other legal arrangements.
Nature of the information provided on the Website
While InfraVia Capital Partners seeks to present information on the Website in a manner that it believes to be reliable, the information provided on the Website is provided “as is” and for information purposes only and shall not be relied upon. As a result, the users shall take all steps to verify the fairness, completeness, accuracy, quality and suitability of any and all information accessible on the Website.
InfraVia Capital Partners may update, complete, correct or revise contents of the Website at any time without notice, but is under no obligation to do so.
InfraVia Capital Partners makes no representation and accepts no liability or responsibility to you or any other party in relation to the Website, including in respect of the fairness, completeness, accuracy, quality or continued availability of any contents on the Website. Any and all warranties of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, title or non-infringement, are excluded to the fullest extent permitted under applicable law in respect of InfraVia Capital Partners, its directors, officers, employees, external advisers, affiliates and affiliated funds.
You agree to indemnify, defend and hold harmless InfraVia Capital Partners from and against all claims, liabilities, demands, damages, losses or expenses, including notably legal fees and costs, resulting from or arising out of your improper access to or use of the Website and/or any breach of these Terms attributable to you.
The laws and regulations of the country from which you access the Website may contain restrictions on the distribution of the information the Website contains. If this is the case, this information may not be distributed or used by any natural person or legal entity. Access to products / services of InfraVia Capital Partners may be restricted and therefore not provided should these products be unlawful in your resident country. You shall be obliged to inform yourself in this respect of and to observe any such restrictions.
Accessibility and use of the Website
The Website is provided “as is” and accessible according to its availability. InfraVia Capital Partners endeavours to ensure that the proper functioning of the Website. However, InfraVia Capital Partners does not provide, and expressly excludes, any guarantee regarding the right to access this Website or the fact that it is free of errors, viruses and/or malicious codes of any kind.
When using Website, you undertake not to:
- make available viruses or other technologies likely to harm InfraVia Capital Partners or the interests or property of InfraVia Capital Partners’ users;
- use robots, scraper or even use any other automatic process to access the functionalities of Website without being authorised to do so;
- copy, modify or distribute Website content;
- copy, reproduce, reverse engineer, modify, create derivative works, distribute or disclose to the public any content (except for your own information) from Website without the express prior written consent of InfraVia Capital Partners or, if applicable, that of the relevant third parties;
- collect, accumulate, transmit to other media, make public, publish or disclose data relating to the other users of Website or concerning their activity on Website;
- accessing or attempting to access the Investor Section if you do not or no longer qualify as Registered User.
Please note that information enabling to identify you directly or indirectly (hereinafter “Personal Data”) is processed by InfraVia Capital Partners in relation to your use of the Website, including by means of cookies.
Intellectual property rights
The general structure as well as software, texts, graphs, animated or non-animated images, videos, photographs, sounds, know-how, databases, brand names, logos and all other components of this Website are the exclusive property of InfraVia Capital Partners or of third parties from which InfraVia Capital Partners was granted the necessary rights.
Any representation, reproduction, or utilisation, whether in whole or in part, of any of the above-mentioned elements that is not expressly authorised by Infravia Capital Partners, is prohibited and will constitute an infringement of its intellectual property rights pursuant to the relevant provisions of the French Intellectual Property Code. The authorisation to access and/or use granted to the user does not entail any transfer of intellectual or material property.
Links to third party websites
This Website may display links redirecting to pages and websites published by third parties. In this respect, please note that InfraVia Capital Partners neither has any control over the content published by such third parties nor monitors such content. As a result, InfraVia Capital Partners shall in no event be held liable in respect of any content published by third parties whatsoever.
You are hereby invited to read the terms and conditions governing third party websites you access after clicking on hypertext links displayed on the Website.
Link by third parties to this Website
Links redirecting to the Website are only allowed subject to the express prior written consent of InfraVia Capital Partners. For instance, if you are a Registered User, you will be redirected to Intralinks, Inc.’s portal for accessing the Investor Section.
Infravia Capital Partners reserves the right to assign all or part of its rights and obligations under these Terms to any third party of its choice.
In the event any part of these Terms is found to be unenforceable or invalid by a competent court, such decision shall not invalidate or void the remaining provisions thereof.
In such a case, the Terms shall be deemed amended to the extent necessary to render them enforceable and valid while preserving their intent.
In accordance with the provisions of Articles 1365 and subsequent of the French Civil Code, you acknowledge and agree that information exchanged between you and Infravia Capital Partners in electronic format (notably by email) shall be deemed valid means of proof, equivalent to information in paper format.
As a Registered User, you are entitled to access the Investor Section of the Website. Please note that access to and use of the Investor Section is conditional upon your status as Registered User, which is discretionarily determined by InfraVia Capital Partners. In other words, from the moment you no longer qualify as Registered User, you must refrain from accessing (or trying to access) the Investor Section.
In any event, please note that the obligations imposed upon you, pursuant to the Terms, while you use the Website shall apply mutatis mutandis to you while you use the Investor Section as a Registered User and any reference to the Website shall be deemed to refer to the Investor Section, without prejudice to any special terms applying specifically to the Registered Users.
Subject to your strict compliance with the Terms and any special terms applying specifically to the Registered Users, InfraVia Capital Partners grants you a personal, worldwide, free of charge, non-assignable, non-sublicensable and revocable license to use the Investor Section. As a result, you shall use the Investor Section for your personal purposes only, excluding notably any commercial use.
For sake of clarity, please note that the Investor Section is operated by a third-party service provider: Intralinks, Inc. Thus, where you are willing to access the Investor Section, you are going to be redirected to Intralinks, Inc.’s portal in order to log in. Intralinks, Inc. will administer your lLogin and password to the Investor Section.
In the event you forget your password, you may recover a new password by using the dedicated link on the Intralinks, Inc.’s portal. In any event, InfraVia Capital Partners invites you to read Intralinks, Inc.’s terms and conditions available on Intralinks, Inc.’s portal and requires that you comply with them prior to logging into the Investor Section.
As a Registered User, you shall bear sole responsibility for use of your login and password to the Investor Section.
You shall comply with the following obligations:
- You commit to take all appropriate measures to ensure that your login and password to the Investor Section remain confidential, personal and safe, notably by refraining from sharing your login and password to the Investor Section with anyone else (including, without limitation, your colleagues and co-workers); and
- if you become aware that your login and/or password to the Investor Section are lost, stolen and/or accessed by any unauthorized third-party, you shall inform InfraVia Capital Partners immediately by sending an email to Infravia email@example.com so that InfraVia Capital Partners can deactivate the access to the Investor Section linked to your login and password.
For sake of clarity, please note that any and all use of your login and password for accessing the Investor Section shall be deemed made by you, and you shall be liable accordingly unless You you have expressly informed InfraVia Capital Partners in writing that your login and/or password have been lost, stolen and/or accessed by any unauthorized third party.
Unless InfraVia Capital Partners has not deactivated in due time your login and/or password to the Investor Section upon receipt of your notification, InfraVia Capital Partners shall not be held liable in any manner whatsoever for any incorrect or fraudulent use of your login and/or password as well as for any consequences resulting therefrom (including notably damages, losses, costs, expenses and loss of profit you or any third party may suffer).
In addition, you shall not use, share or communicate to any person, except as required by applicable law or any legal or regulatory authority, any information contained on the Investor Section which is designated by InfraVia Capital Partners as confidential or proprietary, or which you should reasonably consider to be confidential or proprietary considering all the circumstances surrounding the disclosure thereof. You shall use your best endeavours to prevent the communication or disclosure of the same.
In the event you do not comply with all or part of these Terms, and without prejudice to any other remedy it may have, InfraVia Capital Partners shall be entitled to suspend or revoke your right to access and use the Investor Section, either temporarily or definitively, as of right, immediately and without any indemnification, compensation or refund whatsoever being owed.
InfraVia Capital Partners’ liability shall not be incurred in the event the suspension or revocation of your rights to access the Investor Section results from a report by a third-party or, a court order or regulatory injunction which eventually turns out to be groundless.
In the event InfraVia Capital Partners considers that the cause leading to the suspension or revocation of your right to access the Investor Section has been remedied, InfraVia Capital Partners may in its sole discretion decide to end such suspension or revocation but shall be under no obligation to do so.
Governing law and jurisdiction
Use of this Website is governed by French law. Any complaints or disputes relating to the Website or its use, shall be subject to the exclusive jurisdiction of the competent courts of Paris (France).