01.01.2022
Welcome to www.gopoolside.com (the “Site”), a website managed by EstCap Group OÜ, registry code 16227728 (referred to as “EstCap”, “we”, “us” or “our”).
These Terms of Use (“Terms”) is entered into between you (hereinafter referred to as “investor”, “you” or “your”) and EstCap. By accessing the Site and our Services (as defined below) you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms as well as our Privacy Policy and you agree to be bound by these Terms. If you do not agree to these Terms and Privacy Policy, you may not use or access the Site and the Services.
The Site is not intended for use or directed to any person in any jurisdiction (including the US) where (by reason of that person´s nationality, residence or otherwise) the publication or availability of the Site or the Services is or may be prohibited. We reserve the right at any time, and from time to time, to modify or discontinue, the Services (or any part thereof) with or without notice (unless otherwise required by applicable law).
Should we make any changes to these Terms we will post an updated version on our Site. Your continued use of the Site or the Services following the updated Terms constitutes your acceptance of any changes to these Terms.
About EstCap
EstCap serves a global platform for fund management, investment structuring, registry keeping and alternative investment services (“Services“).
We are committed to maintaining the accuracy of the information provided through our Services, but we cannot and do not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness as the information provided via our Services is provided by the private companies and investment funds to whom we provide our Services.
EstCap does not provide investment, tax or consulting advice of any kind and is not responsible for the use of information on the Site and through the Services. Investors must understand the risks involved in investing to the investment fund or private companies and are recommended to read our Risk Disclaimer.
Your account with us
You can only get access to our Services if you are invited by us or a person authorised by us. Once you have received an invitation to sign up for our Services you are asked to fill the sign-up form on our Site.
By signing up to our Services, you represent and warrant that
(i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws;
(ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms;
(iii) you have not been previously suspended or removed from using our Services;
(iv) If you act as an employee or representative of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and Terms of Use 01.01.2022 authorizations to bind such legal entity;
(v) your use of our Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.
We reserve the right to suspend, freeze or cancel the use of the accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify us immediately. We assume no liability for any loss or damage arising from the use of your account with us by you or any third party with or without your authorization.
Your account security
You shall agree to treat your access credentials as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your account and personal information. We assume no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials. You agree that you will notify us immediately if you are aware of any unauthorized use of your account and password or any other violation of security rules.
Verifying your identity
Your registration of an account with us will be deemed your agreement to provide required personal data for identity verification. Such information will be used to verify your identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes, or for other lawful purposes stated by us from time to time. We will collect, use and share such information in accordance with our Privacy Policy.
You authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, government-issued ID, date of birth, and other information collected during account registration and identity verification. When providing the required information, you confirm it is true and accurate.
Account termination
You agree that we shall have the right to immediately suspend your account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the investments or funds in all such accounts, and suspend your access to our Services for any reason including if we, our contractual partner or a person authorised by us suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. Should you wish to delete your account with us please contact us at support@gopoolside.com.
Intellectual property
Poolside, gopoolside or other graphics used on our Site to identify us are registered trademarks of Estcap. The display of these trademarks does not imply that a license of any kind has been granted to you. Any downloading, re-transmission, other copying or modifications or use of Terms of Use.
01.01.2022
The trademarks and other information contained in the Site and throughout the Services may be a violation of applicable trademark and copyright laws.
Third-Party Websites
Any links to third-party websites from our Services does not imply endorsement by us of any product, service, information or disclaimer presented therein, nor do we guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, we will not be liable for such loss.
Limitation of liability
To the maximum extent permitted by applicable law, in no event will EstCap, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors be liable for any incidental, indirect, special, punitive, consequential or similar damages or liabilities whatsoever (including, without limitation, damages for loss of data, information, revenue, profits or other businesses or financial benefits) arising out of EstCap Services, any performance or non-performance of EstCap Services, or any other product, service or other item provided by or on behalf of EstCap and its affiliates, whether under contract, statute, strict liability or other theory even if EstCap has been advised of the possibility of such damages except to the extent of a final judicial determination that such damages were a result of EstCap’s gross negligence, fraud, willful misconduct or intentional violation of law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. Notwithstanding the foregoing, in no event will the liability of EstCap, its affiliates and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers or contractors arising out of services offered by or on behalf of EstCap and its affiliates, any performance or non-performance of the Services, or any other product, service or other item, whether under contract, statute, strict liability or other theory, exceed the amount of the fees paid by you to EstCap under these terms in the sixmonth period immediately preceding the event giving rise to the claim for liability.
No advice
EstCap is not your agent or advisor and has no fiduciary relationship or obligation to you in connection with any decisions or activities effected by you using our Services. No communication or information provided to you by us is intended as, or shall be considered or construed as, investment advice or any other sort of financial advice.
Privacy Policy
We are firmly committed to protecting the privacy of your personal data. By using the Services, you acknowledge and agree that our collection, usage and disclosure of this personal information is governed by our Privacy Policy.
General Provisions
If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the Terms of Use
01.01.2022
Maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.
You may not assign your rights or obligations under these Terms without our prior written consent.
EstCap may freely assign its rights, duties, and obligations under these Terms. Failure to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.
Except as otherwise permitted by these Terms, any notice required or permitted to be given in connection with the Services will be effective only if it is in writing and sent to our registered mail; or to support@gopoolside.com.
These Terms are subject to the legislation and jurisdiction of Estonia. If you are a consumer, you may also resort to the mandatory provisions of the law enforced state of your residence.
Best efforts shall be used to resolve any dispute, controversy or claim arising out of or relating to these Terms, including breach, termination or invalidity, in amicable negotiations. In case the dispute cannot be solved,the competent institution for settling the dispute shall be Harju County Court.
Contact information
If you have questions regarding these Terms, please feel free to contact us for clarification at support@gopoolside.com.