Terms and Conditions

Important information

PLEASE READ THESE TERMS CAREFULLY. BY CONTINUING TO USE THIS WEBSITE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT PERMITTED TO USE OUR WEBSITE OR ACCESS ANY CONTENT ON IT. WE RESERVE THE RIGHT TO REVISE THESE TERMS AND WILL PUBLISH THE CURRENT VERSION HERE, ON

This Web Page These Terms Were Last Updated On: [15/11/2023]

1. WHAT THESE TERMS COVER
   1. These Terms of Service ("Terms") (together with the documents referred to herein) set out the terms of use governing your usage of this website, www.artshare002.com ("Website" or "Art Share 002" "We", "Us", "Our") and the associated content to you whether as a guest, (potential) investor, shareholder or registered user.
   2. Art Share 002, is owned and operated by ARTEX Services AG (the "Operator") on behalf of the Issuers admitted to trading on the ARTEX MTF and provides a source of information to shareholders, investors and potential investors on the legal and regulatory information required to be published by Us (collectively, "Information").
   3. These Terms govern your access to and use of the Website, its contents including but not limited to, the data and information within. Your compliance with these Terms and all other agreements is a condition to your right to access and use the services and Information contained within. Your breach of any provision of these Terms or other agreements will automatically, without the requirement of notice or other action, revoke and terminate your right to access the services and you will be fully liable for claims and causes arising from or relating to your continued use of the site and/or services after such breach. Unauthorised use of the information, including but not limited to misuse of published information, is strictly prohibited.
   4. By accessing and using the Website, its information and content, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any of these Terms, you are prohibited from using or accessing Our Services.
   5. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the terms "User", "you" or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of these Terms, you must not accept these Terms and may not access and use the Website and Information. You acknowledge that these Terms are a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and the Information within.
   6. We and on behalf of the Issuers herein reserve the right, at Our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice. Your continued use of the Website after any such changes constitutes your acceptance of these Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Information or the Website. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service.
   7. Use of Our Website includes accessing, browsing or registering to use Our Website and any of the Content or Information published on it. The Content we publish on Our Website from time to time includes all materials, documentation, multimedia content, photos, graphics, text, information, data, images, audio, audio-visual, editorial and video material, in whatever medium or form ("Content"). More specifically, Our Content and Information may include (by way of example and without limitation) :
      • Regulatory news, reports and disclosures relating to Issuers;
      • Other non-regulatory news items and additional information;
      • Governance and governing documents;
      • Events and Presentations;
      • Investor Relations News; and
      • Information relating to the art market, financial services, sponsorships and affiliates.
   8. The entire content of the site is subject to copyright, with all rights reserved. Any reproduction of the Information and Content published herein is subject to authorisation from the Operator.
   9. Use of this Website is governed by Our privacy policy ("Privacy Policy"). By using this Website, you are consenting to have your personal data transferred to and processed in accordance with Our Privacy Policy made available on Our Website.


2. DEFINITIONS AND INTERPRETATION
   1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings :

"ARTEX MTF"	means the multilateral trading facility operated by ARTEX MTF AG authorised and regulated by the Financial Market Authority of Liechtenstein;
"Contact Tools"	means any online communications facility that We make available on Our Website enabling you to contact Us, including, but not limited to and contact forms;
"Content"	means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Website;
"Issuer"	means a company admitted to trading on the ARTEX MTF; and
"Site"	means www.artshare002.com and the Operator ARTEX Services AG, a subsidiary of ARTEX AG.



3. INFORMATION ABOUT US

Art Share 002 S.A., a public limited liability company (société anonyme), incorporated and existing under the laws of the Grand Duchy of Luxembourg, having its registered office at 16, rue E. Ruppert, L-2453 Luxembourg, Grand Duchy of Luxembourg and registered with the Luxembourg trade and companies register (Registre de commerce et des sociétés, Luxembourg, the “RCSL”) under number B273672, legal entity identifier (“LEI”) 254900OEKYEX6EFPVO79

This Website is operated by ARTEX Services AG, a company incorporated under the laws of Liechtenstein (registration number FL-0002.682.625-9). Our address is Wuhrstrasse 6 9490 Vaduz, Liechtenstein.

You can contact us on:

[[email protected]]

[+423 222 40 50]

For any information relating to the Issuers published on this Website, please contact [[email protected]]



4. DISCLAIMER

THE WEBSITE AND CONTENT HAVE NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS. OUR WEBSITE AND ALL CONTENT PUBLISHED ON IT IS PROVIDED ‘AS IS’, WITHOUT WARRANTIES, EXPRESS OR IMPLIED (EXCEPT AS EXPRESSLY STATED HEREIN), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED CONDITIONS OR WARRANTIES OF AVAILABILITY, QUALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE, AND OF ANY OTHER WARRANTY OR OBLIGATION WITH RESPECT TO THE CONTENT OR ANY SOFTWARE OR OTHER MATERIALS MADE AVAILABLE TO YOU AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED.



5. REGULATORY STATUS
   1. Art Share 002 is a unregulated securitisation vehicle within the meaning of the Luxembourg law of 22 March 2004 on securitisation, as amended, (the "Securitisation Law of Luxembourg"). We are not a collective investment scheme and not supervised or regulated under the European Alternative Investment Fund Managers (Directive 2011/61/EU, "AIFMD") or the UCITS Directive (Directive 2009/65/EC, "UCITS" as amended). The Issuer is not required to be licensed, registered or authorised under any current securities, commodities or banking laws of its jurisdiction of incorporation and will operate without supervision by any authority in any jurisdiction. There is no assurance, however, that regulatory authorities in one or more jurisdictions would not take a contrary view regarding the applicability of any such laws to the Issuer. The taking of a contrary view by such regulatory authority could have an adverse impact on the Issuer or the holders of the Issuer’s shares.
   2. The financial instruments offered by Art Share 002 shall be traded on the ARTEX MTF. ARTEX MTF is a multilateral trading facility (as defined in the Markets in Financial Instruments Directive 2014, ("Directive 2014/65/EU or "MiFID II")) and is regulated by the Financial Market Authority of Liechtenstein. Calls and communications with ARTEX MTF or any of its affiliates may be recorded to enable it to carry out its regulatory responsibilities.


6. PROSPECTUS
   1. Art Share 002 shall publish the documents containing information incorporated by reference in the prospectus, the supplements and/or final terms related to the prospectus and/or a separate copy of the summary on this Website, including by way of hyperlinks where necessary.
   2. Please note that the Prospectus and Financial Information published on this website is addressed solely to the persons and countries specified therein and should not be relied upon other than by such persons and/or outside the specified countries. Visitors to the Website and potential Investors should be aware of the limitations of the offer as provided under Registrations below.
   3. By accessing this Website, you confirm and warrant that you are a investor who is a resident or with a registered office within a jurisdiction you’ve identified upon accessing this Website.


7. REGISTRATIONS
   1. Art Share 002 can be marketed in certain jurisdictions only. It is your responsibility to be aware of the applicable laws and regulations of your country of residence. Further information is available in the relevant Issuer Key Investor Information Documents/Key Information Document as well as the Prospectus or other constitutional document that can be found on this Website.
   2. The entire Website does not constitute an offer or solicitation to sell shares in any of the Issuer referred, by anyone in any jurisdiction in which such offer, solicitation or distribution would be unlawful or in which the person making such offer or solicitation is not qualified to do so or to anyone to whom it is unlawful to make such offer or solicitation.
   3. Specifically, the Art Share 002 is not available for distribution to or investment by US investors. The shares will not be registered under the US Securities Act of 1933, as amended (the "Securities Act") and, except in a transaction which does not violate the Securities Act or any other applicable US securities laws (including without limitation any applicable law of any of the States of the USA) may not be directly or indirectly offered or sold in the USA or any of its territories or possessions or areas subject to its jurisdiction or to or for the benefit of a US Person.
   4. Art Share 002 detailed have not been, nor will they be, qualified for distribution to the public in Canada as no prospectus for these funds has been filed with any securities commission or regulatory authority in Canada or any province or territory thereof. This Website is not, and under no circumstances is to be construed, as an advertisement or any other step in furtherance of a public offering of shares in Canada. No person resident in Canada for the purposes of the Income Tax Act (Canada) may purchase or accept a transfer of shares in the funds described unless he or she is eligible to do so under applicable Canadian or provincial laws.
   5. Furthermore, due to regulatory restrictions, our Website and the information within is not made available to visitors and investors from Australia, Japan, New Zealand and South Africa


8. ACCESSING OUR WEBSITE
   1. Our Website is made available free of charge for domestic and private use only. You agree not to use Our Website for any commercial or business purposes. You are responsible for your own compliance with the laws of the country in which you are located when accessing the Website.
   2. The use of any content from the Website, unless specified, shall not be used for profit or commercial gain.
   3. If you wish to access certain parts of Our Website and Content, you may first have to register on Our Website. We ask you to ensure that all information you provide to us on registration is true and accurate, current and complete. If there are any changes to the details supplied to us, it is your responsibility to inform us straight away. Changes to your registration details should be made through your account page or by contacting us via this link.
   4. We reserve the right to refuse to accept any application to register on Our Website for any reason.
   5. Access to our Website is provided on an "as is" and on an "as available" basis. We may suspend or discontinue our Website (or any part of it) at any time. We do not guarantee that our Website will always be available or that access to it will be uninterrupted. If We suspend or discontinue our Website (or any part of it), We will try to give you reasonable notice of the suspension or discontinuation.
   6. We may monitor any and all communications made using our Contact Tools.
   7. Any personal information sent to Us, whether via Our Contact Tools or otherwise (including, but not limited to, your name and contact details) will be collected, used, and held in accordance with your rights and Our obligations under data protection law, as set out in Our Privacy Policy, available from www.artshare002.com.


9. MARKET DATA
   1. Our price data is provided by ARTEX MTF and delayed by at least 15 minutes.
   2. By viewing or using this data or information in any manner, you understand and acknowledge that such information may not reflect trading activity on all markets, as applicable, and is intended to provide you with a reference point only, rather than as a basis for making trading decisions.
   3. Provision of pricing data is not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy.


10. YOUR ACCOUNT AND PASSWORD
    1. If you choose, or if you are provided with, a username, password or any other piece of information as part of Our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
    2. We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, for any reason.
    3. If you know or suspect that anyone other than you is aware of your username or password, you should promptly notify us via this link. Should you forget your password for your account, please select the "I forgot my password" option on Our Website. You will be asked to submit your username and e-mail address and a new password will be generated for you to use.


11. ACCEPTABLE USE
    1. You may only use Our Website for lawful purposes. You may not use Our Website :
       • in any way that breaches any applicable local, national or international law or regulation;
       • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
       • for the purpose of harming and/or harassing or attempting to harm and/or harass anyone in any way;
       • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
       • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, logic bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
    2. Except as expressly stated in these Terms, you also agree not to :
       • remove any trademarks or identifiers associated with the Content. You are bound by any legends, disclaimers, and notices appearing from time to time in connection with Our Website and Content;
       • reproduce, duplicate, copy or re-sell any part of Our Website;
       • attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Content in any form or media or by any means;
       • attempt to de-compile, reverse compile, disassemble or reverse engineer all or any part of the Website or Content;
       • access all or any part of the Website or Content in order to build a product or service which competes with Art Share 002, ARTEX MTF and its affiliates, the Website and/or the Contents;
       • do anything which may damage the reputation of the Operator, the Issuer or ARTEX and affiliates or its associated services; or
       • access without authority, interfere with, damage or disrupt any part of Our Website, any equipment or network on which Our Website is stored, any software used in the provision of Our Website or any equipment or network or software owned or used by any third party.
    3. If you are a business user, we exclude all implied conditions, warranties, representations or other terms that may apply to Our site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, Our site; or (ii) use of or reliance on any content displayed on Our site.

       In particular, we will not be liable for:

       • loss of profits, sales, business, or revenue;
       • business interruption;
       • loss of anticipated savings;
       • loss of business opportunity, goodwill or reputation; or
       • any indirect or consequential loss or damage.


12. INTELLECTUAL PROPERTY RIGHTS
    1. All copyright and other intellectual property rights on the Website and all Content, throughout the world, belong to us (or Our licensors). The rights to the Website and Content are licensed (not sold) to you. All such rights are reserved. You have no intellectual property rights in, or to the Website or the Content other than the limited right to use them in accordance with these Terms.
    2. You are permitted to print and download extracts of Content from the Website for your own personal use on the following basis :
       • no Content available via the Website is modified in any way;
       • no illustrations, photographs, video or audio sequences or any graphics available via the Website are used separately from the corresponding text;
       • Our copyright and trademark notices and Our permission notice appear in all copies, and you expressly attribute ARTEX as the source of all Content at all times; and
       • you acknowledge you do not acquire any ownership rights by downloading any material from the Website.
    3. You may not use any Content saved or downloaded from Our Website for commercial purposes without first obtaining a licence from us (or Our licensors, as applicable or Our written permission). This does not prevent the normal access, viewing, and use of Our Site for general information purposes by business users or consumers.
    4. ARTEX® is a registered trademark of ARTEX Luxembourg S.A, a subsidiary of ARTEX AG.
    5. ARTEXEXPLORED™ is the subject of a trademark registration application by ARTEX Luxembourg S.A.


13. CREDITS

    You must not use any part of the content on Our site for commercial purposes without obtaining a licence to do so from us or Our licensors.



14. LINKING TO THE WEBSITE
    1. You are only permitted to create links to the Website from other websites provided you comply with the following conditions :
       • you may link to Our homepage provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it;
       • you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
       • you must not establish a link to the Website in any website that is not owned by you;
       • the Website must not be framed on any other website, nor may you create a link to any part of the Website other than the Website home page;
       • you must acknowledge us by placing the following notice in a reasonably prominent place near the link, ARTEX®; and
       • you may not link to Our Website from another website the main content of which is unlawful; obscene; offensive; inappropriate; dishonest; defamatory; threatening; racist, sexist, or otherwise discriminatory; that promotes violence, racial hatred, or terrorism; that infringes intellectual property rights; or that We deem to be otherwise objectionable.
    2. We reserve the right to ask you to remove any link to the Website, as determined at Our sole discretion from time to time.


15. LINKS TO OTHER SITES
    1. Links to other websites may be included on Our Website. Unless expressly stated, these sites are not under Our control. We accept no responsibility or liability for the content of third-party websites.
    2. The inclusion of a link to another website on Our Website is for information purposes only and does not imply any endorsement of that website or of its owners, operators or any other parties involved with it.


16. NOT FINANCIAL OR INVESTMENT ADVICE
    1. All Content and Information published and broadcasted by us is intended for information purposes only. You are not to rely on the information as advice, invitation or inducement.
    2. All content on this site is the information of a general nature and does not address the circumstances of any particular individual, or entity. Nothing on the Website constitutes professional and/or financial advice, nor does any Information on the Website constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other content on the Website before making any decisions based on such information. You agree not to hold the Operator, its agents, employees, contractors, and any affiliated companies liable for any possible claim for damages arising from any decision you make based on the information made available to you through the Website.
    3. The Operator is not a registered investment advisor, broker/dealer, or research organisation. Users are advised that the commentary and information in this website are issued solely for information purposes only. The opinions and analyses are based on sources believed to be reliable and written in good faith, but no representation or warranty, expressed or implied is made as to their accuracy, completeness or correctness. All information contained in this website should be independently verified with the companies mentioned.
    4. You understand that the publishing of any of the Information on the Site does not constitute a recommendation that any particular company, investment, security, transaction, or investment strategy (collectively an "Investment") is suitable for any specific person. You understand that neither Us, ARTEX Services nor any of its employees, agents, or affiliates will advise you personally concerning the suitability, value, or risk factors of any particular Investments. All investments carry significant risk and all investment decisions of an individual remain the specific responsibility of that individual.
    5. Your use of the Services and any and/or all of the Content is entirely at your own risk, and it is solely your responsibility to evaluate the accuracy, completeness, and usefulness of the Content or Information.
    6. Before taking any actions, we recommend you seek professional advice based on the information published on Our website. We endeavour to take all reasonable steps to ensure the content on Our site is accurate, complete or up to date.


17. CHANGES AND AMENDMENTS
    1. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. The latest version of the Terms will appear on this page – please ensure you check which version of the Terms applies to your use of the Website.
    2. We may also suspend, discontinue, modify or change the nature or transmission format of the Content at any time at its sole discretion.


18. OUR LIABILITY TO YOU
    1. ART SHARE 002, ITS AFFILIATES AND SPONSORS, ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SERVICES AND/OR CONTENT, OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
    2. The Website is for domestic and private use only. If you use the Website for any commercial, business or resale purpose, we will have no liability to you for any loss you suffer, including any loss of profit, loss of business, turnover, goodwill, loss of trade, loss of bargain, loss of data, business interruption, loss of business opportunity or any indirect or consequential loss, in each case whether such damage was foreseen or advised to us as likely to occur.
    3. We recommend that you back up any content and data used in connection with the Website, to protect yourself in case of problems with the Website.


19. AVAILABILITY
    1. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. ART Share 002 nor the Operator assumes responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, User communications. The Operator Services is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to Users or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Services. Under no circumstances will ART Share 002 nor the Operator be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone’s use of the Site or the Services, any User Content or Third-Party Content posted on or through the Site or the Services or transmitted to Users, or any interactions between Users of the Site, whether online or offline.
    2. ART Share 002 reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith.


20. OTHER IMPORTANT TERMS
    1. We may transfer Our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens, and we will ensure that the transfer will not affect your rights under these Terms.
    2. If any of these Terms are found by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
    3. Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    4. Nothing in these Terms shall be enforceable by any third party.
    5. These Terms and any documents expressly referred to represent the entire agreement between us in relation to the subject matter hereof and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.


21. ACCEPTANCE OF THESE TERMS

    You acknowledge that you have read this Policy and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Policy. If you do not agree to abide by the terms of this Policy, you are not authorized to access or use the Website and Services.



22. GOVERNING LAW

    These Terms shall be governed by the laws of the Grand Dutchy of Luxembourg. You and we agree that disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Luxembourg courts.