Last updated: 07/11/2024 

I. Application and Purpose

Please read this Terms of Use carefully. These terms govern and apply to all and any use, access and availability of the Website (as defined below).

By accessing the Website (and each time that you do so) you signify that you have read, understand accept without modifications, and agree to be bound by these Terms of Use (including any terms incorporated herein by reference).

If you do not agree to or accept this Terms of Use, you are not allowed to access or use of the Website, and you must promptly cease any use of it. If you are acting as a representative of an organization, you affirm that you have the authority to accept this Terms of Use and establish a legally binding agreement with us on behalf of that organization. This Terms of Use apply to all Materials, and it is important to carefully read and consider its terms before using, referring to, or relying upon any Materials.

II. Definitions

“Affiliate” means any associated with us person over whom we have control and who has the same control over the Website as we do.

“Confidential Information” means any non-public, proprietary, commercial, or other confidential information of you, as defined in Section VIII “Confidentiality” of these Terms of Use.

“Intellectual property” means any names of services and products, logos, trademarks and other marks, copyrighted content, designs, drawings, animations, videos, pictures etc., which are available on the Website or otherwise provided by us.

“Materials” means any information, data, content, and materials published on the Website or communicated by us or on our behalf through the Website or otherwise.

“Website” means Xanada’s website available at xanada.investments, including any of its subdomains.

“you”, “your” means you as a user of the Website.

“Xanada”, “we”, “us” or “our” means XANADA INVESTMENT LTD, limited liability company incorporated under laws of Cyprus with registration number ΗΕ 461071, having address: Anastasiou Sioukri, 1, THEMIS COURT, Floor 4, Flat/Office 402, 3105, Limassol, Cyprus, that made available this Website.

III. Grant of access

Upon your consent, acceptance, and compliance with these Terms of Use, we hereby provide you with a limited, temporary, non-exclusive, revocable the right to access and utilize the Website for its intended purposes as outlined in these Terms of Use.

Your use and access of the Website shall adhere to and not violate the terms of these Terms of Use. Your right to access will remain valid until termination, which may occur upon any of the following events: (i) expiration or termination of these Terms of Use, (ii) your violation of these Terms of Use, or (iii) our sole and absolute discretion to terminate the access with or without reason.

IV. Copyright Policy

The Website may contain Intellectual Property that is owned by us, our Affiliates, or other relevant rights holders. Unless explicitly stated otherwise in these Terms of Use, you do not acquire any rights, title, or interest in or to such Intellectual Property. We, along with our Affiliates and respective rights holders, retain all rights, including the right to prohibit any use of such Intellectual Property at any time. It is strictly prohibited to obscure, remove, or alter any marks or notices displayed on the Website. Any rights not expressly granted to you under the access are reserved by us, our Affiliates, and/or other applicable rights holders.

Copying, reproducing, or imitating the Website, its elements, or components, in whole or in part, without our prior written permission is strictly prohibited.

We respect the intellectual property rights of others. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Website, you must submit your notice in writing to the attention of our copyright agent via email and include in your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

V. Important Disclaimers

Information purposes only

The information provided on the Website is solely intended for informational purposes, and nothing within the Materials should be construed as a promise, warranty, or representation. It is not advisable to solely rely on the Materials, either in their entirety or partially, when making any decisions. We cannot guarantee the accuracy or completeness of the Materials. Therefore, any use of the Materials is entirely at your own discretion and risk. You bear sole responsibility for any potential damages or losses that may arise from such use. You should always conduct your own independent research and thorough investigation.

No advice

Any information provided by us via the Website, including presented in these Terms of Use, the Materials and other content on the Website or information otherwise provided by us, shall not be construed as business, legal, financial, investment, or tax advice, unless otherwise expressly stated by us. We recommend you seek guidance from your own professional advisors, such as legal, financial, regulatory, investment, tax, or other experts, regarding the Materials and any other information available on the Website or provided by us.

No Offer

The Materials do not constitute a recommendation to use our products or services offered by us or on our behalf. Moreover, the Website or the Materials may mention or refer to third-party services or products, but we do not endorse, recommend, or solicit the use of such third-party services or products. Any decision to use them is solely at your own risk and discretion. It is essential to verify that the information you believe is provided by us is indeed shared by our authorized representatives.

Prior to making any decisions, it is strongly recommended to consult your own legal or financial advisor for guidance.

Submission of a form placed on the Website, or providing any documentation, presentations, or other files do not obligate Xanada to provide any response or invest in your project. We reserve the right to select from among the applicants the project with which we will cooperate (if any), and contact. We also reserve the right not to invest in any and all projects that contacted us using the appropriate form, email or otherwise. Nothing in these Terms of Use shall be construed as imposing obligations on Xanada to You unless otherwise agreed upon by the parties.

No warranty

Unless otherwise provided in these Terms of Use, the information on our Website is provided to you on an "as is", "as available" basis without any express or implied warranties. In particular, the company does not provide any express or implied warranties of accuracy, fitness for a particular purpose, non-infringement, reliability, security, timeliness, or completeness. We do not warrant that the Website is free of viruses or other harmful components. We do not warrant the successful approval of further investments provided by us upon your submission of the registration form.

No liability

To the maximum extent permitted under the applicable law, in no event shall Xanada be liable or responsible for any direct, indirect, special, punitive, or consequential damages of any kind, arising out of these terms or your use of or inability to use the Website regardless of whether we have been advised of the possibility of such damages or losses. Access to and use of the Website is at your own risk. You are solely responsible for all damage to your computer system or loss of data.

Xanada's obligations with respect to its products and services provided not via Website, are governed solely by the agreements under which they are provided.

Waiver

You shall not, and to the maximum extent permitted under the law hereby waive any right to, seek to recover the damages listed above from the Xanada. Neither this Section nor anything in this Terms of Use limits or is intended to limit liability arising from fraud, intentional misconduct, or gross negligence.

VI. Personal Data

Please learn more about how we process your personal data in our Privacy Notice.

VII. Third-Party Content

The Website may present content, advertisements, and promotions from third parties (hereinafter referred to as "Third-Party Content"). To the maximum extent permitted by applicable law, we do not have control over, endorse, or adopt any Third-Party Content. We provide no representations or warranties of any kind concerning such Third-Party Content, including its accuracy or completeness. You acknowledge and agree that any interactions you have with third parties providing Third-Party Content are solely between you and those third parties. Xanada assumes no responsibility or liability in any way for such interactions or the Third-Party Content itself.

VIII. Confidentiality

Confidential Information

You acknowledge that the Confidential Information provided by you for the purpose of filling out the form to submit your participation may be relied upon by Xanada. You hereby represents and warrants to Xanada that the Confidential Information disclosed is true, accurate, complete, up-to-date, and not misleading in all material respects.

Confidential Information shall include, inter alia, any non-public information of commercial or other value for you, know how, trade secret, and any other data of a secret or confidential nature relating to you, including (without limitation):

• business plans, financial forecasts, project presentation, the fact of filling the form etc.;
• any information regarding the reviewing your application, response and/or communication by Xanada with you;
• any information that, under the circumstances, may be considered as confidential or proprietary.

Disclosure of Confidential Information

Xanada is entitled, from time to time, to make the disclosure of the Confidential Information:

• to Xanada’s partners, trustees, shareholders, unitholders and other participants or potential participants and/or to any member of the same fund group as Xanada for the purposes of, but not limited to, investment proposals offered by us;
• to the Xanada’s representatives, affiliates or professional advisors, and to the representatives or professional advisors of any person to whom Xanada is entitled to disclose the information;
• to any person who is considering making an investment in your company with Xanada, or purchasing shares in your company, for the purposes of evaluating any such investment or purchase,

in relation to the business affairs and financial position of your company as Xanada may in its reasonable discretion think fit.

IX. Miscellaneous

Entire agreement

These Terms of Use and any other documents incorporated by reference herein constitute the entire agreement between you and us and supersedes all prior and contemporaneous understandings, writings, letters, statements, or promises, both written and oral, between you and us regarding the subject matters hereof

Interpretation

Use of the word ‘including’ in these terms and conditions means including without limitation.

Severability

If any part of these Terms of Use is found to be unenforceable, it will be construed as far as possible to reflect the intention and the remainder of the provisions will remain in full force and effect.

Applicable law

These Terms of Use and use of the Website are subject to the laws of the Republic of Cyprus which shall exclusively govern the interpretation, application, and effect of all the above provisions, exclusions, and other terms and shall be construed in accordance with the laws of the Republic of Cyprus and the parties submit to the exclusive jurisdiction of the courts of the Republic of Cyprus.

Language

Currently, only the English version of the Website interface and these Terms of Use are considered official. The English version shall prevail over any other language in any other version.

Assignment

You shall not have the right to assign or transfer any rights or obligations under these Terms of Use without our prior written consent. We are entitled to transfer or assign these Terms of Use, including any rights and obligations hereunder to any third party and no such transfer or assignment shall require your additional consent or approval.

Modification

We reserve the right to make updates to or modify our Website, including changing or supplementing these Terms of Use, from time to time. If we make changes to these Terms of Use, we will update the “Last Updated” date at the top of this document. By accessing this Website, you will confirm the acceptance and will be legally bound by the modified or revised Terms of Use from the first time you use the Website after the changes have been made. You are solely responsible for checking to see if any changes have been made to these Terms of Use.

Communication

All questions, comments or inquiries shall be directed by email to Projects@xanada.investments.