Terms & Conditions
Welcome to our website
This website is operated by OnPoint Investors BV (“OnPoint” or “we”). We are a limited company registered in Belgium with our registered office at Keizer Karellaan 584, 1082 Brussels, Belgium
With these website terms and conditions (referred to as the “Website Terms”) we inform our website visitors (referred to as “you”, “you” or “you(w)” or similar expression) of the terms and conditions for accessing and using our website www.onpoint.fund, and all related pages and domains (together hereinafter the “Website”).
The Website Terms should be read together with our Privacy Statement (which tells you what personal data we collect from and about you and for what purposes) and our Cookie Statement (which tells you how we use cookies on the Website and for what purposes). The Website Terms, the Privacy Statement and the Cookie Statement form a binding agreement between you and our company, and are collectively referred to as the “Terms”.
1. Who are we and how can you contact us?
1.1 The website is operated by OnPoint Investors BV, with address at Keizer Karellaan 584, 1082 Brussels, Belgium and with company number BE 1025 881 797.
1.2 You may contact us by email at info@onpoint.fund. See also our contact details on the Website. Following your contact, we will make every effort to follow up on your query promptly.
2. Applicability of the Terms and Conditions
2.1 Please read the Terms carefully and make sure you understand them before using our Website. The Terms and Conditions contain important clauses. In the event that you do not understand or agree with the Terms, we ask that you refrain from further accessing or using our Website and, if necessary, contact us using the contact details above.
2.2 By using the Website, you confirm that you have read, understood and accepted the Terms and Conditions.
2.3 You may print a copy of the Terms and Conditions to keep in your personal file, or you may view the Terms and Conditions online whenever you wish.
3. Accessing the Website
3.1 The website will be provided in English, Dutch and French. Our communication with you will also be in one of these languages, at your choice.
3.2 As a visitor to our Website, you are responsible for compliance with these Terms for all persons and entities using your internet connection or device to access our Website.
4. Content
4.1 The Website is informative in nature. Through the Website, you can obtain more information about the products and services we offer to our customers, as well as additional relevant information. The information available on the Website does not constitute an offer to enter into a contract and is subject to change from time to time. Our contracts (and associated contractual terms and conditions) are concluded with our customers exclusively on an individual basis - the latter contractual terms and conditions are not part of the current Website terms and conditions, which are limited to your mere visit to the Website.
4.2 We make every effort to keep the information provided on the Website complete, correct, accurate and up-to-date. Despite these efforts, errors may still occur. If you find any errors in the information provided, please do not hesitate to contact us. Use of the Website and the information contained therein is at your own risk. In any case, the information on the Website should not be construed as legal, commercial, financial, tax or other professional advice.
4.3 We also endeavour to protect the Website by reasonable means and to minimise any inconvenience resulting from the use of the Website. However, we cannot exclude unauthorised acts or interventions, nor can we guarantee that access to the Website will not be interrupted or otherwise impeded. We will make reasonable efforts to protect this Website from computer viruses and other forms of "malware". However, given the nature of these dangers, you acknowledge that we cannot provide absolute protection and that you have taken the necessary steps to protect your own computer equipment and systems.
4.4 To the extent permitted by applicable law, in no event shall we be liable for any direct or indirect damages resulting from the foregoing.
4.5 This provision applies to the maximum extent permitted by applicable law and, in any event, is not intended, nor shall it be construed, to violate any mandatory rules relating to the exclusion or limitation of liability.
5. How (not) to use our Website
5.1 You may only use our Website and the functions provided on it to visit and view our information, and to use functionalities we provide on our Website, according to normal domestic or internal professional use. You may not use our Website and the features offered on it:
(a) in violation of laws and regulations applicable to you;
(b) in an unlawful or fraudulent manner;
(c) with the aim of causing or attempting to cause harm in any way to other legal or natural persons and entities or our company;
(d) to scan or test the vulnerability of the Website or its tools and functionalities, or breach security or authentication measures on the Website;
(e) to take any action that would impose an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks;
(f) to interfere with the proper operation or functions of the Website;
(g) for knowingly transmitting data, sending or uploading material that contains viruses, Trojan horses (Trojans), worms, time-bombs, spyware, cancelbots, adware or other damage programs or similar computer code designed to adversely affect the operation of computer software or hardware.
5.2 You also agree:
(a) not to reproduce, duplicate, copy, create derivative works from, use for reverse engineering purposes or otherwise use any part of our Website in breach of the terms of the Terms;
(b) not use the Website to build or maintain a product or service that competes with our Website;
(c) not use any manual or automatic device or process for retrieving, indexing, "data mining" or "screen scrapping" the information on the Website, nor in any way reproduce or circumvent the navigational structure or presentation of the services offered through the Website.
5.3 Where features on the Website allow you to upload certain content (e.g. via a contact form, etc.) you agree not to:
(a) not upload any harmful content and guarantee that such content is neither virus-free nor otherwise harmful to us and our computer networks;
(b) guarantee that you have obtained all rights to actually deliver this content to us, and indemnify us for any negative consequences that may be caused to us by the (possible or alleged) non-compliance thereof.
6. Intellectual Property Rights
6.1 We are the owner or the licensee of all intellectual and/or industrial property rights contained in our Website (including trademarks, logo, pictures, texts, etc.) and the underlying programming language. This protection also includes our trademarks, our copyrights and our database rights (where and if applicable).
6.2 You do not acquire any rights to our (intellectual) property other than the limited rights of use expressly provided in these Terms. You will also refrain from taking any action that could harm, limit or affect our rights.
6.3 We may further use and commercially exploit any suggestions, feedback or know-how we receive from customers or visitors when providing our Website. We do not owe any compensation for this.
7. Intellectual Property Rights
7.1 The Website may contain hyperlinks to other websites and platforms (including social media platforms). We have no technical or content control over these websites/platforms to which we link. We cannot guarantee the completeness or accuracy of the content or availability of these external websites/platforms.
7.2 In addition, these websites and platforms may be subject to their own terms of use or their own privacy and cookie policies. We recommend that you read these before using these websites/platforms. We accept no liability for any direct or indirect damages resulting from the use of these external websites/platforms.
8. Distribution of risks
8.1 To the fullest extent permitted by law, we exclude our liability for any type of damage, costs or any other loss whatsoever when arising from or in connection with a visit to our Website. However, nothing in these Website Terms excludes or limits our liability where such exclusion or limitation is not permitted by applicable law, including in the case of our wilful misconduct or gross negligence.
8.2 In no event shall we be liable to visitors to our Website for any indirect or consequential damages, including (but without limitation) loss of opportunity, loss of data, loss of opportunity, loss of business and inability to realise anticipated profits.
8.3 For the sake of clarity, it should be reiterated that if a contract for the supply of services and/or products is entered into between OnPoint Investors BV (or any of its affiliated entities) and a customer, the allocation of risks relating thereto are included in the relevant contractual terms and conditions between the parties.
9. Protection of personal data
9.1 To a certain extent, we process your personal data as a visitor to our Website. The manner in which we process these and your rights in that regard are further explained in our Privacy Statement and in our Cookie Statement. Please read these carefully. These documents also list the ways in which you can contact us should you have any questions about privacy.
10. Changes and invalid provision
10.1 We reserve the right to amend the Terms and Conditions at any time without prior notice. You can always find the last date of revision of the Terms and Conditions at the end of the relevant document. By continuing to use the Website after the amended Terms come into effect, you accept to be bound by the amended Terms.
10.2 Should any clause in the Terms and Conditions be invalid and/or unenforceable, the remaining clauses shall continue to apply in full and in their entirety. OnPoint Investors BV and you as user of the Website then agree to replace the invalid and/or unenforceable clause with a valid and/or enforceable clause that approaches the original intention of the parties as much as possible.
11. Applicable law and competent court
11.1 Belgian law applies to your use of our Website and all functionalities and tools offered on it.
11.1 We aim to resolve all complaints or questions amicably first. In the event of a dispute, all disputes relating to the use of our Website shall be subject to the exclusive jurisdiction of the competent courts in Belgium.
