These terms and conditions (these “terms”) set out the terms of the agreement between you hereinafter referred as (“member”, “you”, “Partner” “or investor”) as the user of Secured Investmex Limited’s platform, website, “https://www.securedinvestmex.com”, and Secured Investmex Limited hereinafter referred as “Securex”, “we”, “us” or “Securex”).
The Custodian provides its service of holding any shares and investment in accordance with the Custodian’s Terms and Conditions of Business. When you enter this agreement, you also agree to the Custodian’s Terms and Conditions of Business.
These terms shall become binding as soon as you have completed the registration process. Your ability to invest, partner through the website shall be strictly dependent on successful pass of background compliance checks.
“Articles” means the articles of association of the Company concerned as adopted and in force from time to time.
“Investment” means money of any currency received from investor, partner for the purpose of commerce through Securex.
“Commitment” means the process executed by a partner on the website, by means of which he/she (i) confirm the desired amount for investment in the Company; (ii) transfer the funds to the Pre-Closing Account; (iii) authorize the payment to the Company upon completion of certain conditions; and (iv) authorize the Company to enter into the Partnership Agreement.
“Company” means Securex, a private company limited by shares which is seeking to partnership through investment.
“Completion Conditions” means the conditions that must be met to proceed to completion and execution of the investment. The Completion Conditions are deemed to be met when certified by Securex under its responsibility, acting on behalf of the partner under these terms.
“Investor/Partner” means a user of the website who has followed the step to formalize a Commitment to invest, partner or purchase product(s) in a Company.
“Maximum Target Amount” means the maximum total amount that Company seeks to accept from a partner for commerce.
“Nominated Account” means the acceptable payment processor, bank account of an Company nominated by such Company at the time of registration on the website, as may be subsequently changed by such Company.
“Period” means the initial first period of between 30-60 days in which investment are blocked before payout commences as set out on a Company’s Posting.
“Posting” means a partnership plan listing for a Company on the website.
“Website” means Securex’ online content website at www.securedinvestmex.com, which allows the user to access information about companies working in the area of mining industry that are seeking partnership to finance the development or expansion of her business.
“Partnership Agreement” means an agreement between the Partner/Investor and the Company under which the partnership applies for the investment.
“Target Amount” means the amount a Partner/Investor is seeking to invest in the Company.
2. INVESTMENT RISKS AND WARNINGS
By using Securex’ website in any capacity you acknowledge and agree that you have read and understood this partnership contract. .
- Site profile. Upon registration to use the website, you will be asked to provide certain information about yourself as part of your website profile. The information you provide in your profile is the basis on which Securex to identify you for purposes of communication, fulfilling any reporting obligations that Securex have to any regulatory or governmental authorities, and conducting any anti-money laundering or other checks run on you.
- Self-certification. If you make an investment in a Company through the website you will become a “partner” client of Securex for the purposes of commerce. As part of your registration process, you are required to answer self-certification questions. You must answer such questions truthfully and in a factually correct way to the best of your knowledge
- No advice. You acknowledge and agree that Securex have not provided you with any advice in relation to the transaction(s) conducted through the website. In addition, you confirm to Securex that for the purposes of entering into any partnership, you enter into it entirely on the basis of your own assessment, and/or on independent advice you have obtained from your professional advisor.
4. PARTNERSHIP PROCESS
1. Restricted access to partnership. The opportunity to invest, partner with Company through the website is only accessible to registered users falling in one of the categories that lawfully allow them to receive information on non-readily realizable securities. By agreeing to these terms you agree that you are at least one of the following:
You agree that you are partnering with the Company for commerce purposes only propelled through investment.
You agree that no offer to the public has or is being made in connection with any investment and that you are acting for yourself and no other person when partnering in a Company.
You also expressly agree that you consider, and will treat for all purposes, any such offer (a) as “not being calculated to result, directly or indirectly, in such shares becoming available to persons other than those receiving the offer.
2. Information contained in a Posting. On becoming a registered user you will be able to view the Postings on the Site. The information that you will have access to in respect of each Posting that you can view will normally include without limitation:
a) the name, legal status, physical address and website address of the Company;
b) a description of the business and intended use of the proceeds of the partnership;
c) any due diligence reports prepared on the Company;
3. Confidentiality. A Partner shall not use any information contained in the Posting except for the purposes of considering an investment in the Company (this analysis to be either made on your own or with advice obtained independently). Without limitation, each Investor agrees with Securex that it will not directly or indirectly seek to use the information to enter into competition with the Company or to solicit employees, customers or suppliers of the Company. Any information contained in a Posting is confidential and must not be disclosed or distributed to any third party except w ith the prior written consent of the Company given in its absolute discretion. You may disclose this information to your external advisors (including without limitation your accountant, solicitor or financial advisors) on a confidential basis, and for the purposes of considering partnership only.
4. Rights attaching to shares. All investments made through the website will not take the form of subscriptions for voting ordinary shares but partnership solely.
5. Partnership Period. A Company’s Posting will remain open for investment for an initial Period as set out on the Posting.
6. Partnering with the Company. A Partner may execute their Commitment to invest in a Company at any time during the Period by following the process set out on the website. This will require the Partner to (i) confirm the desired amount to invest in the Company; (ii) transfer such funds to the Pre-Closing Account, and (iii) authorize the payment to the Company upon completion of the relevant conditions.
7. Completion. The Posting shall define the conditions to be met to proceed to completion and execution of the investment. The set of applicable conditions precedent for completion within a given Posting may be.
8. Minimum partnership amount. The minimum amount a partner can invest is indicated in the Posting.
The Company is solely liable for the Posting and the information provided in support of the Posting. All investments made through the website are made entirely based on the Investor’s own judgment, or on the basis of the advice they have received independently from financial advisor.
6. ANTI-MONEY LAUNDERING REGULATIONS
We are required to verify your identity for any partnership, investment. Securex shall use third party organizations to assist you with this process at any given time deemed fit. Electronic verification may leave a ‘soft footprint’ or enquiry trace on your third-party records in order to complete a conclusive identity check. This check is for identification verification and AML only and we have been informed by the agencies we use who provide these services that it will not adversely affect your credit rating.
You must provide sufficient documentation about yourself to enable us, the Custodian and other relevant parties to ascertain and verify your identity. This may include providing certified copies of identification documents such as your passport, driving licence and recent utility bills and providing personal information such as your address, residency and date of birth. Full details will be requested as part of the partnership process. The information required may change from time to time and should that prove to be the case we shall notify you that additional documentation has become necessary. Until you provide that additional documentation you may be unable to invest, partner.
- Your account on the website may be terminated and closed at any time either by you or Securex, or suspended at any time. In the event that we suspend, terminate or close your account then we shall notify you by e-mail at the address associated with your account. These terms will continue in full force and effect following termination, closing or suspension of your account in respect of prior acts and events. In any event, all disclaimers, indemnities and exclusions in these terms shall survive termination of these terms for any reason, as shall any other provisions of these terms that by their nature are intended to survive such termination. These terms may be varied by us, at Securex’ absolute discretion, from time to time. If these terms are varied we shall notify you by posting the revised terms on the site.
- These terms do not confer any rights on any person or party (other than the parties hereto) pursuant to the Contracts (Rights of Third Parties) Act 1999.
- All communications will be carried out by e-mail. Notices to Securex should be sent to email@example.com. Securex shall contact you using the e-mail address associated with your account. Notices will be deemed served at the time of sending unless this falls on a day which is a weekend or bank holiday, in which case they will be deemed served on the next working day after they were sent.
- Should you have any complaints in relation to your use of the website, please notify us by email at firstname.lastname@example.org. We shall aim to respond to your complaint promptly, investigate the circumstances and revert to you with the results of investigation within 16 weeks of the date of your complaint.
- You shall from time to time (both during the continuance of these terms and after its termination) do all such acts and execute all such documents as may be reasonably necessary in order to give effect to the provisions of these terms. All costs and expenses (not limited to professional, legal and accountancy expenses) of the preparation, negotiation and execution of these terms and any associated documentation shall be borne by you.
- No failure or delay by you in exercising any rights under these terms shall be deemed to be a waiver of that right and no waiver for breach of any provision of these terms shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
- If any provision of these terms is held by any court or other competent authority to be invalid or unenforceable in whole or in part, these terms shall continue to be valid as to their other provisions and the remainder of the affected provision.
- These terms shall not be construed so as to create a partnership or joint venture with you.
- You shall not be entitled to assign, transfer, sub-contract or delegate any of your rights or obligations under this agreement, except when the transferee is your legal spouse, or in case of death. Securex may assign the whole or part of any of its rights in this agreement to any person.
- We shall not be in breach of
these terms, and we shall not be liable or have responsibility of any kind
for any loss or damage incurred by you as a result of:
- any total or partial failure,
- interruption or
- act of God,
- act of government, state, governmental or supranational body or regulatory authority;
- war, civil commotion, terrorism,
- failure of any internet or computer system,
- interruptions of power supplies,
- labour disputes of whatever nature
- or any other reason (whether or not similar in kind to any of the above) beyond Securex’ reasonable control.
- This agreement (and any dispute or claim relating to it or its subject matter (including non-contractual claims) is governed by and is to be construed in accordance with law. The parties irrevocably agree that the courts of law shall have exclusive jurisdiction to settle any claim, dispute or issue (including non-contractual claims) which may arise out of or in connection with this agreement.