Terms of use

Your use of the web site located at www.icn.eu (the “Site”) as edited by ICN Development S.A., a Luxembourg company with registered office at 23-25, rue des Bains L-1212 Luxembourg, registered with the Luxembourg Trade & Companies Register under number B 208 318, is governed by these Term of Use. Please read the Terms of Use carefully. By accessing the Site or downloading any materials from the Site, or using any of the services proposed from the Site, notably the investor’s online platform (the “Services”), you necessarily agree to these Terms of Use

If you do not agree with the following provisions, you understand that you may not be able to use the Services. These Terms of Use are in addition to any other agreement between you and ICN, including those relating to any of the information or materials available via the Site.

Definitions

When we say “we” or “us” or “ICN” in these Terms, we mean ICN Development S.A., our affiliates and those agents we use to provide services on our behalf. When we say “Site”, we mean www.icn.eu and all other websites developed, owned or maintained by ICN Holding S.à.r.l. and its affiliates.

Authorized Use

Use of the Site and its Services is for informational purposes only. ICN is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the “Content”) transmitted or made available via the Site. ICN is not responsible or liable for any decisions made in reliance on such information.

Any use or attempted use of the Site or its Services (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) that could interfere with any other party’s use and enjoyment of the Site or Services, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by ICN to be made accessible to a user, or (vi) to obtain or attempt to obtain any materials or information through any means not intentionally made available by ICN, or (vii) for any use other than the purpose for which it was intended, is prohibited.

Access to the Services

In order to use the Services, and notably to have access to the investor’s platform, ICN will send you, by letter or email, a specific login ID (“Login”) and password (“Password”) related to each real estate project for which you intend to provide an investment.

In any case, you undertake to provide accurate and complete information to ICN to use the Services.

You remain responsible for maintaining the confidentiality of such Login and Password.

Site Content

All content accessible within the Site (including without limitation, the “look and feel” of the Site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable copyright law.

You may not (i) copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Site’s Content; (ii) frame or deep-link to the Site; or (iii) use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or the Site. The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark or any other proprietary notice or legend appearing in any of the Site’s Content.

All names, logos and trademarks are the property of ICN, its affiliates, related companies or its licensors or joint venture partners. ICN’s trademarks and brand names may be used only as stated in these Terms of Use or with prior written permission from ICN.

Documents

The use of some Services may permit you to have access the contractual documents (the “Documents”) which are stored on your personal access area.

The Documents may be downloaded by the user through secured and encrypted connexion.

ICN shall not be liable (in contract or in tort) for the further use of such Documents when downloaded on the user’s harddrive.

In any case, you may not :

Create a derivative document based on the Content inherent to the Document ;

Modify, adapt, and reproduce the Document for another use than your personal use of such Document.

Submissions. No questions, comments, suggestions, information, ideas, concepts, photographs, graphics or other materials, whether oral, written or electronic (collectively, “Submissions”), will be considered or treated as confidential information. Accordingly, do not submit or send any submission to us that you consider contains confidential or proprietary information. Any Submission, or any other content of any sort transmitted by you, other than personal data which is covered by our Privacy Policy, will be considered non-confidential and non-proprietary and ICN will not be subject to any restrictions or obligations with regard to it.

Privacy

Unless otherwise addressed in these Terms of Use, your use of the Site and its Services is subject to ICN’s Privacy Policy’s acceptance as accessible at http://icn.eu/privacy-policy/. It is important that you read and understand the terms of the Privacy Policy.

Violations

ICN reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account to use the Services. ICN may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by ICN’s Privacy Policy, ICN reserves the right at all times to disclose any information as ICN deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ICN’s sole discretion, notably in regard of the prevention, tracking down, recording and prosecution of criminal offences, including the combating of money laundering, or the progress of other legal proceedings.

Third Party Web Sites

In some instances, the Site may reference or link to third party web sites. Should you choose to visit those web sites, please remember that ICN is not responsible for their content, their terms of use, or their privacy policies. We encourage you to read and review the terms of use and other legal terms and policies of all web sites you visit. You understand that ICN will not be liable to you in respect of any loss or damage which you may suffer by using those web sites. You agree that you will not involve ICN in any dispute between you and a third party’s web site.

Indemnity

You agree to indemnify and hold ICN, and its owners, partners and affiliates, and their respective officers, directors, employees, representatives, contractors and agents (collectively, the “Indemnified Parties”) harmless from any actions, liability, loss, claim, damage or expense, including attorneys’ fees and expenses, related to your (i) wrongful or improper use of the Site or the Services, (ii) violation of these Terms of Use, or (iii) reliance on any of the materials or information or other content you make available via the Site or the Services.

Disclaimer

ICN makes no representation or warranties, express or implied, with respect to the accuracy or completeness of the content, information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the Content. To the extent permitted by applicable law, everything on the Site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, habitability, or non-infringement. You acknowledge that any reliance upon the Site or the information, material, systems, services or products contained or discussed therein shall be at your sole risk. To the extent permitted by applicable law, in no event will any Indemnified Party be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the Site or the use or reliance upon, any of the Content or any information accessed from the Site or the Services. Additional disclaimers may appear from time to time within the body of the Site and are incorporated herein by reference.

No Investment Advice

None of the information provided through the Site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Site are your sole responsibility and at your own risk.

Nothing on or in the Site shall be considered a solicitation or offer to buy or sell any security, future, option or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Site are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial or legal advice for their particular situation.

No Offer

This content posted on the Site is provided solely for informational purposes. This Site is not intended to be, and does not constitute, an offer for the sale, purchase or lease of real property. Except for your agreement to abide by these Terms of Use, nothing in this Site or your use of the content contained herein shall be interpreted as giving rise to or forming the basis of a contract, commitment or obligation.

Real Property Disclaimers / Disclosures

All information posted on this Site is subject to change without notice. The information and materials contained in this Site regarding individual developments, including photographs, renderings, plans, prices, facilities, land uses, improvements, amenities, dimensions, specifications, views, scenes, materials and availability, are proposed, are conceptual only and are subject to change, modification or cancellation without notice or obligation. Scenes, pictures, drawings, illustrations and/or views shown may be artist renderings and may be locations or activities not on, or related to, the property or development. Actual views may vary, and views described or depicted cannot be relied upon as the actual view from any proposed unit, home, lot, amenity or other improvement or area. Maps are not to scale and are for relative location purposes only. There is no guarantee that the facilities, services, features, amenities, improvements, views, scenes or specifications described, shown or depicted within the Site will be constructed or otherwise provided, and if constructed or provided, that they will be of the same type, style, size or nature as described or depicted.

Governing Law

If you use the Site and a dispute results relating to your use, the dispute will be governed by the laws of the State of Luxembourg, without regard to its conflict of law provisions. If you take legal action relating to these Terms of Use, you agree to file such action only in state court in Luxembourg, and you consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Other

ICN reserves, in its sole discretion, the right to revise these Terms of Use at any time by updating this posting and to monitor and remove postings and/or discontinue Site availability, at any time without notice.

If any term, condition, or provision of these Terms of Use is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

If you have any questions, complaints or comments regarding this Site, you may contact us at info@icn.eu.