European Regional Development Fund

Terms and conditions

Welcome to our website. Kindly read the following binding terms and conditions of use (the “Terms and Conditions”), which together with our privacy policy govern XG Venture's (as defined in the paragraph below) relationship with you in relation to the browsing and use of www.blackdigits.com.mt. XG Ventures is the holder and operator of the domain name www.blackdigits.com.mt. These Terms and Conditions, which may be downloaded from www.blackdigits.com.mt, are in accordance with the Electronic Commerce Act (Cap. 426 of the laws of Malta).

The term “XG Ventures” or “us” or “we” refers to the owner of the Website. XG Ventures is a commercial partnership registered under the laws of Malta, having partnership registration number P1250, VAT registration number MT19755302 and with its registered office at 34, Missionaries Street, Naxxar, Malta. The term “you” refers to the User or Viewer (as defined hereunder) of the Website.

XG Ventures provides its service to you subject to the Terms and Conditions below. Please read them carefully before making use of this Website and make sure you keep a copy of these Terms and Conditions for your future reference. When you visit the Website you are agreeing to these Terms and Conditions and you warrant that you agree to be bound by this contract as set forth below

The use of this Website (as defined hereunder) is subject to the following terms of use:

1.      DEFINITIONS

Words not otherwise defined in these terms and conditions shall have the following meaning:

Content

shall mean the textual, visual or aural content or data of the Website, whether uploaded by us or by a User;

DPA

 

shall mean the Data Protection Act (Cap. 440 of the laws of Malta), as may be amended from time to time;

“Member”

shall mean Viewer and/or User;

“PFMAA

Prevention of Financial Markets Abuse Act (Cap. 476 of the laws of Malta), as may be amended from time to time;

Registration Login

shall mean a code chosen by the User/provided by us and which enables a User to access certain parts of the Website when inputted together with the Username;

User

shall mean any person who holds a Registration Login and Username for the purpose of accessing the Website in accordance with Clause 2 below. A User shall be deemed to be a Viewer for the purpose of these Terms and Conditions;

Username

shall mean a code used by a User to identify himself or herself when he/she logs into certain parts of the Website;

Viewer

shall mean any person accessing the Website but shall not include a User; and

Website

shall mean www.blackdigits.com.mt.

2.      USER REGISTRATION

2.1    You may request for a Registration Login and Username for the Website;

PROVIDED THAT each User shall only be entitled to one (1) Registration Login and Username. Without prejudice to any remedy under any applicable law, XG Ventures may, without prior notice, immediately terminate any or all of your Registration Logins and Usernames upon discovering you have registered more than one (1) Registration Login, and/or posted under more than one (1) Username.

2.2    The Registration Login and Username may be only used by you. If you make use of the Website, you agree to bear responsibility for maintaining the confidentiality of your own account and password and for restricting access to your computer, and you also accept responsibility for all activities that occur under your Registration Login or Username.

2.3    XG Ventures reserves the right to refuse service, terminate accounts at its sole discretion in accordance with Clause 8 below.

2.4    XG Ventures undertakes to do its utmost to ensure the availability of the Website, that it will not be interrupted and that any transmissions will be error-free. However, this is not always guaranteed due to the nature of the Internet. Moreover, access to the Website could sometimes be suspended or restricted to allow for its maintenance or repairs. XG Ventures undertakes to do itsr utmost to limit the frequency and duration of any such suspensions or restrictions.

3.      POSTING OF CONTENT

3.1    Users having a Registration Login may post and/or upload Content on the Website in accordance with the Terms and Conditions.

3.2    As a User posting or uploading Content in terms of Clause 3.1 above, you hereby represent and warrant that:

3.2.1       the Content you may upload on the Website pursuant to Clause 3.1 is accurate and correct and that such information or data shall not cause any unlawful damage or losses to any person;

3.2.2       the Content you may upload on the Website pursuant to Clause 3.1 is sourced from publicly available sources. XG Ventures does not accept data or information which has not been made public by the relevant issuer or issuers of financial instruments relating, directly or indirectly, to one or more financial instruments and which, if it were made public, would be likely to have a significant effect on the prices of those financial instruments; and

3.2.3       you shall take reasonable care to ensure that such Content, including research concerning financial instruments or issuers of financial instruments and any information relating to investment strategy, is fairly presented and shall disclose your interests or indicate conflicts of interest concerning the financial instruments to which that information relates. Users shall actively ensure that at all times, no comments or articles whose nature or Content fall under the definition of a licensable activity in terms of the Laws of Malta should be posted unless the User is in possession of a valid relevant license. XG Ventures shall not be held liable for any breach of regulations by any of its Members.

3.3    XG Ventures is in no way responsible for the Content you may post or upload as a User of the Website, nor does it make any representations as to its accuracy and completeness. As a User of this Website, you will be held solely responsible for the Content of any message that you post or any Content you may upload.

3.4    You agree that you will not post or upload any Content, or other information that:

3.4.1     contains profanity or vulgar language;

3.4.2     is insulting, inappropriate, objectionable inaccurate, unlawful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous or contains explicit content;

3.4.3       victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

3.4.4       infringes on any patent, trademark, trade secret, copyright or other proprietary right of any party;

3.4.5       infringes any provision relating to insider information (as defined by the PFMAA);

3.4.6       is intended to manipulate a regulated market (as defined in the PFMAA), disseminate false, exaggerated or misleading information or spread false rumours;

3.4.7       constitutes unauthorised advertising or solicitations;

3.4.8       contains software viruses or any other malicious computer code; or

3.4.9       impersonates any person or entity.

3.5    Unless specifically authorised by us, when posting and/or uploading Content you will not solicit Members with any type of commercial offer, or advertise your business through your posts or private messages, or profile page by, inter alia:

3.5.1       posting your phone or fax number(s); and

3.5.2       posting any URLs or hyperlinks to your commercial website(s) or e-mail account(s).

3.6    XG Ventures may remove or edit any Content and information posted or uploaded on the Website that contains unauthorised advertisements or solicitations, without prior notice.

3.7    It is the responsibility of Members viewing Content uploaded by other Users to independently ensure the completeness and accuracy of such Content. Moreover, Members shall not disseminate or in any way use information that falls within the parameters of “insider information” (as defined in Article 2 of the PFMAA) for the purpose of making investment decisions. We will not be held responsible for any negligence of Members in this respect.

3.8    While we appreciate your interest in blackdigits.com, we do not want and cannot accept any ideas or Content you consider to be proprietary. Consequently, any material you submit to this Website will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" have been waived.

3.9    XG Ventures does not pre-screen Content (including any message posts) posted by Users. However, XG Ventures (and its agents) have the right at their sole discretion to review and remove any Content referred to in this Clause and submitted for posting or uploaded by you that, in its judgment, is inappropriate, objectionable, inaccurate, unlawful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortuous or otherwise in breach of these Terms and Conditions. Any failure or delay by XG Ventures in removing any such Content shall not be interpreted as a waiver of the right of XG Ventures to remove such Content and XG Ventures is not responsible for any failure or delay in removing such Content.

4.      DATA PROTECTION

4.1    The processing of personal data is governed by the DPA, under which XG Ventures is a controller of personal data. Any personal data you provide will be held securely and in accordance with the DPA. The information collected shall be processed in accordance with the DPA. The information collected will be used solely for the purposes of communicating with Users in respect of administrative issues relating to their User account and notifications relating to specific financial news or feeds. We may occasionally send marketing content but we will endeavour to keep such content within reasonable levels.

4.2    We shall not provide your personal information to third parties for marketing purposes. However, we may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform with the law or comply with legal enquiries about the Content of your posts. Where disclosure of information to a third party is likely we will, where possible, endeavour to ensure that this is clearly indicated.

4.3    Because the Website is an interactive community, you may receive automatically generated e-mails notifying you whenever there are replies to your posts. You may also receive notifications regarding financial Content that you may have uploaded on the Website, including notifications when other Users wish to update or correct the Content that you have uploaded. By having a Registration Login and Username in terms of Clause 2 of these Terms and Conditions, you agree that you may also receive occasional bulletins.

4.4    XG Ventures reserves the right to gather information relating to Website usage. Any information gathered is primarily for internal use to allow us to improve our customer service.

4.5    As a data subject in terms of the DPA you have the right to ask for a copy of personal data about you and to ask for inaccuracies to be corrected.

5.      NATURE OF THE CONTENT PUBLISHED AND DISPLAYED ON THE WEBSITE

5.1    Any Content and/or other information displayed on the Website is provided solely for information purposes. The Content and/or information displayed on the Website is of a general nature and does not constitute, and XG Ventures does not, nor does it purport to provide, investment advice. Accordingly, the Content and/or information displayed on the Website should not be construed as investment advice or as a substitute for obtaining investment advice. If investment advice or other expert assistance is required with respect to a specific issue or circumstance, the services of a competent professional should be sought. You should always consult competent investment advisors for advice regarding your individual situation.

PROVIDED THAT without prejudice to Clause 5.1 above, past performance should not be taken as an indication or guarantee of future performance, and no representation or warranty, express or implied, is made regarding future performance.

5.2    Any Content and/or information displayed on the Website does not constitute an offer or solicitation of an offer to sell, buy or subscribe to any securities or any other rights pertaining thereto.

5.3    The Website displays publicly available financial data of companies referred to therein however a number of related or immaterial line items presented on the face of the financial statements may be aggregated on the Website.

5.4    Members may compare financial statements relating to two or more of the companies and/or of specific companies whose financial statements have been uploaded on the Website over a number of years. The Website (when prompted) inter alia takes into consideration different exchange rates, capital bases and market capitalisation (where applicable) with a view to display financial information in a more comparable form. The methodology employed by the Website may be viewed at www.blackdigits.com.mt/Areas/User/Pages/PlatformAlgorithms.aspx

6.      LINKS

6.1    If you do create a link to this Website, you do so at your own risk and at the express exclusion of our liability for any losses which may be incurred by you or any other third party as a result of such link.

6.2    We do not monitor or review the Content of other party’s websites which are linked to/ from this Website (“ Linked Websites”). Opinions expressed or materials appearing on such Linked Websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinion or material. Please be aware that we are not responsible, nor are we to be held responsible for the privacy practices or Contents of these Linked Websites. We encourage Users to be aware when they leave our Website and to read any privacy statement and terms and conditions applicable to such Linked Websites. You should evaluate the security and trustworthiness of any such Linked Website yourself before disclosing any personal information to them. XG Ventures will not accept any responsibility for any loss or damage whoever occasioned or caused, resulting from your use of Linked Websites.

7.      COMMUNICATION

When visiting the Website or sending us emails, you are communicating with us electronically. In return, we will communicate with you by e-mail or by posting notices online, as necessary. You consent to communicate with us electronically and agree that all agreements, notices, disclosures and other electronic communications that we offer you, satisfy any legal requirement that such communications be in writing. Your statutory rights are not affected.

8.      TERMINATION

8.1    XG Ventures in its sole discretion may file a warning, terminate (permanently or temporarily) or block access to the Website or discontinue the Website, or remove your Registration Login and/or Username, inter alia, in the following cases:

8.1.1       XG Ventures has reason to believe that you have not been keeping to the Terms and Conditions and/or other directions as may be issued by XG Ventures from time to time;

8.1.2       XG Ventures has reason to believe that your activities may eventually lead to the breach of one or more laws applicable to you, other Members or XG Ventures.

8.2    XG Ventures reserves the right in its sole discretion to stop providing services or any of its features with or without prior notice. You agree that any termination of your access to the Website may be carried out without prior notice, and acknowledge and agree that XG Ventures may immediately deactivate, archive or delete your account and all related information and and/or block further access to such files.

9.      JURISDICTION AND APPLICABLE LAW

Any dispute relating to these Terms and Conditions and the use of the Website shall be exclusively governed by Maltese law. Where recourse to the Courts of Law is necessary, the Courts of Justice of Malta shall have exclusive jurisdiction.

10.    SEVERANCE

If any term in these Terms and Condition is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction or by any competent authority, such term shall be severed from these Terms and Conditions without effect to the remaining Terms and Conditions, and the contract shall continue to be valid and enforceable to the fullest extent permitted by the law.

11.    AMENDMENTS

XG Ventures reserves the right to, amend/alter/delete or terminate these Terms and Conditions at any time and for any valid commercial, technical or operational reason. The latest version of the Terms and Conditions would always be available on the Website therefore it is your responsibility to ensure that you are conversant with any changes.