Terms of Use and Disclaimer

01 About these terms

These terms govern your access to and use of this website. By using the site you accept them. If you do not accept them, please do not use the site.

They apply to the website only. They do not govern any engagement, mandate or transaction, each of which is subject to its own written agreement. Where a separate agreement exists between us and it conflicts with these terms, that agreement prevails.

02 Who operates this website

This site is operated by Defile B.V., trading as FluxNova Capital, whose company and registration details are set out in the imprint. In these terms, “we”, “us” and “our” refer to that entity, and “you” refers to any visitor to this site.

03 Information only

This website exists to describe who we are, what we do and how we work. It is published for general information. It is not a research service, a data service, a marketing document for any specific transaction, or a substitute for the documentation and diligence that a real transaction requires.

Nothing on this site is directed at any person in any jurisdiction where its publication or availability would be contrary to local law or regulation. If that applies to you, you should not rely on this site, and access to it does not extend any offer or service to you.

04 No offer and no solicitation

No offer of any kind is made through this site, and no security or investment is offered, marketed or placed here. Any actual transaction proceeds only on the basis of its own documentation, agreed and executed separately, and is subject to whatever approvals, conditions and restrictions apply to it.

Descriptions of sectors, themes or market conditions on this site are context, not recommendations, and are not an indication that any particular opportunity is available.

05 No advice

Nothing on this website is investment, legal, tax, accounting, regulatory, technical or financial advice, and nothing on it is a personal recommendation to you or to anyone else. No content here takes account of any particular person's objectives, financial situation, knowledge, experience or needs.

Before acting in relation to any matter touched on by this site, you should take your own advice from advisers qualified in the relevant field and jurisdiction, and reach your own view. We do not assume, and expressly disclaim, any duty of care to any person in respect of the content of this site.

06 What we do, and what we do not do

The boundary of what this firm does is stated on the home page. The same boundary sentence is repeated here because it is a term of use and not merely a description:

To state the consequences of that plainly: we do not manage portfolios or discretionary mandates; we do not operate, advise or market any fund or collective investment scheme; we do not receive, hold, control or transmit client money or client assets; we do not execute, arrange the execution of, or settle transactions in financial instruments; we do not provide custody; and we do not provide regulated investment services or personal recommendations.

An introduction is what its name says. It is not a representation that the counterparty introduced is suitable, solvent, honest, appropriately authorised or capable of performing, and it is not a substitute for your own diligence on that counterparty and on the opportunity. Each party to a discussion remains responsible for its own decisions, its own diligence and its own advice.

Regulatory status

Defile B.V. holds no authorisation under the Wet op het financieel toezicht and does not provide regulated financial services. Nothing on this website or arising from an introduction is investment advice, and no introduction is a recommendation.

The firm’s activity and supervisory position are set out in full in section 05 of the imprint.

07 No reliance and no warranty

The content of this site is provided “as is” and “as available”. We prepare it with reasonable care, but we give no warranty, representation or undertaking, express or implied, as to its accuracy, completeness, currency, adequacy or fitness for any purpose, and none should be inferred from anything published here.

Content may become out of date. We are under no obligation to update it, to correct it, or to tell you that it has changed, and the continued presence of a statement on this site is not a representation that it remains correct.

You should not rely on anything on this site as the basis for a decision. To the extent permitted by law, we accept no responsibility to any person who does so.

08 Forward-looking statements and market data

Statements on this site about expectations, intentions, plans, market direction, sector development or future conditions are forward-looking. They rest on assumptions and on information available when they were written, and they are subject to risks and uncertainties, many of them outside our control.

Forward-looking statements are not guarantees and not forecasts of a result. Actual outcomes may differ materially. Past performance, of a market or of anyone in it, is not a guide to future performance. No projection, illustration or modelled figure that may appear on this site or be discussed with us should be read as a promise of a return.

Where market data appears on this site or is referred to by it, it is included for context. We do not warrant that such data is accurate, complete or current, and we are not its source.

09 Third-party links and sources

This site links to websites and data sources operated by third parties — for example the published Nord Pool day-ahead price pages, cited on the home page as the public source for day-ahead price data.

Those links are provided for convenience and for transparency about where information comes from. We have no control over the content, availability, accuracy or practices of any third-party site, and:

• a link is not an endorsement, recommendation or approval of the linked site, of its operator, or of anything on it, and implies no association between us;
• we accept no responsibility for the content of any linked site, for any use you make of it, or for any loss arising from it;
• a linked site is subject to its own terms and its own privacy policy, not ours, and you should read them;
• third-party data may be subject to the provider's own licensing terms, which govern what you may do with it.

If you believe a page we link to contains unlawful content, please tell us and we will review the link promptly.

10 Enquiries sent through this site

The enquiry forms on this site are for a first, high-level exchange.

You confirm, in respect of anything you send us through this site, that it is accurate so far as you are aware, that you are entitled to disclose it, and that disclosing it does not breach a duty you owe to anyone else. Please also observe the restrictions on special category personal data set out in the Privacy Policy.

11 Intellectual property

All intellectual property rights in this website — including its text, structure, layout, graphics, typography as arranged here, the FluxNova Capital name and mark, and the underlying code — belong to us or to our licensors, and are protected by copyright, trade mark and other laws.

You may view this site, and print or download extracts, for your own information and internal business use. You may not otherwise copy, reproduce, republish, adapt, distribute, frame, systematically extract from, or commercially exploit any part of this site without our prior written consent. No licence to any intellectual property right is granted by your use of the site.

Third-party names and marks appearing on this site belong to their respective owners and are used for identification only.

12 Acceptable use and availability

You agree not to use this site unlawfully, not to attempt to gain unauthorised access to it or to any system behind it, not to interfere with its operation, not to introduce malicious code, and not to use automated means to extract content from it at a scale that burdens the service.

We aim to keep the site available but do not guarantee uninterrupted or error-free access. We may change, suspend, restrict or withdraw the site or any part of it at any time, with or without notice, and we are not liable to you for doing so.

13 Limitation of liability

To the fullest extent permitted by applicable law, we exclude all liability, whether in contract, tort (including negligence), under statute or otherwise, for any loss or damage arising out of or in connection with your use of, or inability to use, this website or its content. This includes, without limitation, indirect or consequential loss, loss of profit, loss of business or opportunity, loss of anticipated savings, loss of goodwill, and loss or corruption of data.

The same exclusion applies to any decision taken, or not taken, in reliance on anything published here, and to any loss arising from a third-party site linked from here.

14 Privacy

Personal data collected through this site is handled as described in the Privacy Policy, which forms part of these terms. That policy also records what this site does not do: it sets no cookies, runs no analytics and carries no third-party trackers.

15 Changes to these terms

We may amend these terms from time to time. The version published on this page is the version in force, and the date at the top of the page shows when it last changed. Your continued use of the site after a change takes effect means you accept the amended terms, so please check this page when you return to the site.

Changes apply prospectively and do not alter the position in respect of anything that happened before they took effect.

16 Governing law and jurisdiction

These terms, and any non-contractual obligation arising out of or in connection with them or with your use of this website, are governed by the law of the Netherlands — expected to be the law of the Netherlands, on the basis that the entity operating this site will be established there.

The courts of the Netherlands have exclusive jurisdiction over any dispute arising out of or in connection with these terms or this website, expected to be the competent court at the place of our registered office.

Where you deal with us as a consumer, this choice does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence, and it does not affect any right you have to bring proceedings in that country. Our position on consumer dispute resolution is set out in section 06 of the imprint.

17 Contact

For any question about these terms, write to xiumin@fluxnovacapital.com, or by post to Defile B.V., Postbus 69003, 1060 CA Amsterdam, Netherlands.