Terms & Conditions
TERMS & CONDITIONS OF USE
PLEASE READ THESE TERMS & CONDITIONS OF USE (THE “TERMS”) CAREFULLY BEFORE ENTERING THIS WEBSITE (THE “WEBSITE”) OF CAFLO AG. EACH TIME YOU USE THIS WEBSITE, YOU SIGNIFY YOUR CONSENT TO THESE TERMS WITHOUT LIMITATION OR QUALIFICATION. THESE TERMS MAY BE MODIFIED AT ANY TIME WITHOUT NOTICE TO YOU BY POSTING REVISED VERSIONS OF THE TERMS ON THIS WEBSITE, WHICH WILL IMMEDIATELY BECOME EFFECTIVE. BY CONTINUING TO USE THIS WEBSITE, YOU CONSENT TO ANY SUCH CHANGES. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THIS WEBSITE.
“CAFLO AG” or “CAFLO” is a trade name for certain services provided by CAFLO AG (“CAFLO”, “we”, “us” or “our”) and its subsidiaries and affiliates (each such subsidiary and affiliate, a third-party beneficiary hereunder).
02 | No Offer
The information, tools and material presented in this Website are provided to you for informational purposes only and are not intended to be and should not be used or considered as an offer, recommendation or a solicitation to sell or an offer, recommendation or solicitation to buy or subscribe to any specific business services, purchase or sale of any specific companies, professional consulting services or other advisory services. It is the user’s responsibility to evaluate the accuracy, completeness and usefulness of any content provided on this Website. Your use of the Website constitutes your acknowledgement that you bear all risks associated with using such content.
This Website does not intend to provide investment, tax or legal advice and CAFLO AG renders no advice concerning any legal, regulatory or accounting treatment, or possible tax consequences of any acquisition or transaction described herein. Decisions based on information contained on this Website are the sole responsibility of the user.
03 | Content Disclaimers
We make reasonable efforts to ensure accuracy with respect to the Content (as defined below), but at times we may not promptly update or correct the Website even if we are aware that it is inaccurate, outdated or otherwise inappropriate. Dated information speaks only as of the date indicated, and not as of the date that you may access the information. CAFLO does not warrant or guaranty the accuracy or completeness of the information made available on the Website. In addition, CAFLO reserves the right, in its sole discretion, without any obligation and without any notice, to change, modify or delete the information, materials and descriptions on this Website and to suspend or deny access to it. CAFLO may discontinue or change any product or service described on this Website at any time.
All data included in the Website is as of February 28, 2021, unless otherwise indicated. Amounts identified in the Website as “invested since inception” or “acquired since inception” refer to investments or acquisitions originated (or “committed”) on behalf of our investors, co-investment partners and joint ventures. Committed investments may include both funded and unfunded commitments relative to certain investments. Amounts identified in the Website as the “investment portfolio” refer to current committed investments across our investor and joint venture portfolios.
Past performance should not be taken as an indication or guarantee of future performance, and no representation or warranty, express or implied, is made regarding future performance. Opinions and/or estimates reflect a judgment at the original date of publication by CAFLO and are subject to change without notice.
This Website may contain, or may be deemed to contain, “forward-looking” statements, which are statements other than statements of historical facts. By their nature, forward-looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur. Future projections are subject to numerous risk factors and, accordingly, no forward-looking statements contained herein should be deemed, in any manner whatsoever, to be promises of future performance.
04 | Third-Party Information and Sites
CAFLO does not guarantee the accuracy or completeness of any information or data from third-party sources. The Website may also contain links to sites owned and operated by other parties. Inclusion of these links and services on the Website does not constitute our endorsement of the materials on those third-party sites and does not signify any affiliation with the owners or operators of those third-party sites and services. Your use of such third-party sites and services is subject to the terms and conditions set by the third-party site or service in question. CAFLO is not responsible for and has no control over the privacy policies of those sites. We encourage you to review the privacy policies of those sites prior to providing them with any information.
05 | Accessing the Website
If you have been provided with a username and password to access certain services and sections of the Website, you are responsible for maintaining the confidentiality of your username and password, and you agree to accept responsibility for all activities that occur under your username or password. CAFLO is not responsible or liable for any loss, expense or damage arising in any way from the use of the username and password or the accessing of information or materials therewith. You agree to notify CAFLO immediately of any loss, theft, disclosure or unauthorized use of your password or any other breach of security.
06 | Conduct on our Website
CAFLO does not want to receive, and you are deemed to covenant and agree through the use of the Website not to provide, any information or materials to CAFLO that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
While accessing or using any portions of the Website, you agree that neither you nor your agents shall do any of the following, including, without limitation, violating or attempting to violate the security of the Website:
- tamper with any portion of the Website;
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- conduct fraudulent activities on the Website;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Website through any means, including use of meta tags or other hidden text or by other means not intentionally made publicly available or provided for through the Website;
- engage in “spidering,” “screen scraping,” “database scraping,” mining or harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on any of the Website, or obtaining lists of users or other information from or through the Website, including, without limitation, any information residing on any server or database connected to the Website;
- interrupt, damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website, such as sending mass unsolicited messages or “flooding” servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere with (or attempt, encourage or support anyone else’s attempt to do any of the foregoing) the Website or its services or any software on the Website;
- attempt to probe, scan, or test the vulnerability of the Website or to breach the security or authentication measures without proper authorization;
- violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right; or
- remove any notices, warnings, labels, annotations, or instructions from any portion of the Website, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions.
Any violations of these Terms, this Website, system, or network security, including attempts to intentionally access a computer without authorization or exceed your authorized access level, may result in civil and criminal charges. CAFLO may investigate occurrences that might involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. CAFLO may, without prior notice or warning of any kind, restrict or terminate the access of any and all users at any time and for any reason, to all or any portion of the Website, including if, among other things, CAFLO concludes in its sole discretion that such restriction or termination is necessary to prevent, or prevent the further spread of, a virus, security breach, or system malfunction.
07 | Ownership of Content
All text, images, graphics, sounds, software code and other content (“Content”) on the Website, including the selection and arrangement thereof, are protected under the copyright laws, trademark laws and other intellectual property laws of Germany and other countries and are the property of CAFLO AG or its affiliates or applicable third parties, unless otherwise stated. They may only be used for the personal education of visitors to the Website and they may not be placed in the public domain. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without CAFLO AG’s prior written consent.
08 | Trademarks
CAFLO’s name and logos on the Website are a service mark of CAFLO AG. They may not be used or displayed without the prior written consent of CAFLO AG. All other trademarks, service marks and company names and logos appearing on the Website are the property of their respective owners and their use shall not be construed as an endorsement of CAFLO AG or its subsidiaries or affiliates of any kind.
09 | Visitors from Outside Germany
The Website and services are offered from Germany. We make no representations or warranties that the Website or services are appropriate or available for use in countries outside of Germany. Visitors who choose to access the Website and services from outside of Germany do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access and use. If you use the Website outside of Germany, you consent to having your personal data transferred to and processed in Germany. Access to the Website and the services is prohibited where such access or use violates applicable laws or regulations.
This section describes our privacy practices with respect to the personal information we connect online in connection with the Website and sets out our obligations and yours with respect to your use of the Website. It applies only to the Website and does not necessarily apply to our off-line collection of information.
02 | Information Collected and Tracked
CAFLO AG, its subsidiaries and affiliates may collect and retain two types of information about Website users: (i) personal information that individual visitors voluntarily provide when using the Website or on certain other occasions (such as via forms or in emails); and (ii) tracking data, which from time to time may be automatically collected from every Website visitor.
We may, from time to time, store and archive the information you submit to or through the Website. The information that we gather may include your name, title and address, telephone number, email address or other elements of personal information. In addition, if you contact us, we may keep a record of your correspondence, including any information contained therein. You may decline to provide any personal information, but please realize that you thereby may be unable to access certain services and sections of the Website.
In addition to the information you submit to or through the Website, we also may collect and store data from and about you gathered in the course of your use of the Website. Such tracking data may include, without limitation, information regarding the number and frequency of visits to the Website, the Websites that you access before and after you visit the Website, the software and operating system used to access the Website and your IP address and Internet service provider.
04 | How We Use Your Information
The information that you provide to us and that we may collect in the future is used for our business purposes and the purpose for which you provided it only, subject to these Terms, including, without limitation, to respond to your requests or correspondence, to contact you about the Website, to request your input regarding ways in which we might improve the Website and/or to inform you about CAFLO’s activities, products and services or those of our affiliates.
Your information, particularly tracking data, may also be analyzed so that we can provide you with useful information and can serve you in the best manner possible through enhanced features and functions on the Website. For example, your information may be used to, without limitation, compile statistical, demographic or aggregated information about visitors to the Website generally, or for load-balancing metrics, and also may be used to create reports on user demographics and the traffic patterns of the Website.
We will not disclose any personal information to third parties, except: (i) to our affiliates, agents, consultants and sub-contractors; (ii) to service providers who assist us in running the Website and our business; (iii) when we believe that such disclosure is required by law; (iv) to enforce these Terms; (v) to protect the rights, property, security or safety of CAFLO, Website users or the public; (vi) to respond to an emergency; or (vii) as otherwise stated in these Terms. In addition, we may disclose information to certain third parties if you have requested or authorized the disclosure of such information. We may also share aggregated or de-identified information in our sole discretion.
Information provided to third parties is limited to the information needed to perform their functions. We seek to limit third-party use of information; however, we are not responsible for such third-party use of information.
05 | Transfer of Information to Third Parties upon a Sale or Change of Control
We retain the right to transfer or assign your information pursuant to or during negotiation of any merger, purchase, reorganization or other transaction relating to CAFLO AG or our assets, in whole or in part.
06 | How Your Information Is Protected
We take reasonable precautions to protect your information from loss, misuse or alteration. You should recognize, however, that there is no such thing as “perfect security” on the Internet, and we cannot guarantee the security of your information. In addition, because Internet communications are unsecure, it is also possible that the information you supply to us or your access of any information via the Website will be intercepted during transmission. We are not liable for any breach of our systems or interception of our transmission, and we hereby fully disclaim, to the fullest extent possible under law, any liability associated with any claim relating to a breach of security, data or information.
07 | Other Communications
From time to time, we may email users of the Website information regarding important developments affecting CAFLO AG, its subsidiaries and affiliates. We may also email users on occasion regarding the Website. Such emails may be sent to users of the Website even if they have not requested to receive any communication from us.
08 | Compliance with Laws
We reserve the right to disclose any information to comply with any law, regulation, decree, judgment, order, subpoena or any other governmental order (“Order”) without any obligation to contest or verify the accuracy of such Order.
09 | Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CAFLO AG, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, AGENTS, PARTNERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITE AND SERVICES; OR RESULTING FROM ANY INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED; OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such geographic jurisdictions, liability is limited to the fullest extent permitted by law.
10 | Indemnification
As a condition to your use of the Website, you agree to indemnify, defend and hold harmless CAFLO AG and its respective, officers, directors, affiliates, partners, members, principals, agents, investors, employees, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to: (i) your use of the Website; (ii) your breach of these Terms or any representation, warranty or covenant made by you in these Terms; (iii) your violation of any applicable law, statute, ordinance, regulation or of any third party’s rights; or (iv) claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms.
11 | Applicable Law
These Terms will be governed by and construed in accordance with the laws of the Republic of Germany, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Website will be filed only in the applicable courts in Germany and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
12 | Contact
For more information about CAFLO AG, its subsidiaries or affiliates, please use our contact form.