Terms of Use

Scope

This website is published by Noetiva Foundation, a Multiform Foundation constituted on Nevis under the Nevis Multiform Foundations Ordinance, 2004, registration F 461. Using it means accepting these terms. If you do not accept them, please do not use the site.

This website is not directed at any person in a jurisdiction where its publication or availability would be contrary to local law. Those who access it do so on their own initiative and are responsible for observing the law that applies to them.

No offer, and no advice

Everything here is informational. Nothing on this website is an offer, an invitation or a solicitation to acquire, dispose of or subscribe for any asset, security or interest, and nothing here should be read as legal, tax, accounting or investment advice.

The Foundation does not offer investment products and does not solicit investment from the public. Descriptions of how subscribed assets are administered explain the Foundation’s own arrangements; they are not an invitation to invest and they promise no outcome. Nothing here is a forecast, a projection or a guarantee of any return or of the preservation of capital.

Take your own professional advice before acting on anything you read here.

No relationship formed

Reading this site, or sending an enquiry through it, creates no client, fiduciary, beneficiary or contractual relationship of any kind. A relationship with the Foundation arises only under executed documentation, after client due diligence has been completed and the assessment described on this site has been satisfied. The Foundation may decline any enquiry or proposed subscription and is not obliged to state its reasons.

Accuracy and availability

The content is published in good faith and believed correct when published, but it is general in nature and may become out of date. We are under no obligation to update it. Where anything here differs from the Foundation’s constitutional documents or from executed documentation, those documents prevail.

This website is made available as it stands. We do not warrant that it will be available without interruption, free of error, or free of harmful components, and the site may be changed or withdrawn at any time without notice.

Correspondence

The enquiry form, and the email address given on this site, are for institutional correspondence. Do not send confidential information, identity documents, account details or personal data about other people through either: neither should be treated as a secure channel for confidential material. Personal data submitted is handled as set out in the Privacy Notice. Writing to us does not guarantee a reply.

We do not accept unsolicited proposals, structures, ideas or business opportunities. Unless we have agreed otherwise in writing, anything sent to us through this website or to that address is not treated as confidential, places us under no obligation of any kind, and may be used or disregarded at our discretion. This does not affect our handling of personal data, which is governed by the Privacy Notice.

Acceptable use

• Do not attempt to gain unauthorised access to any part of this site or its infrastructure.
• Do not submit anything unlawful, misleading, or designed to interfere with the site’s operation.
• Do not use automated means to submit the form or to harvest content.
• Do not misrepresent who you are or on whose behalf you write.

We may limit, suspend or block access to this website, or decline to receive further correspondence, where these rules are not observed or where we consider it necessary to protect the site’s operation. No notice is required.

Intellectual property

The name Noetiva Foundation, the marks used here, the text and the design of this site belong to the Foundation or are used with permission. You may read and print pages for your own reference and for the purpose of evaluating the Foundation as a counterparty. Any other copying, republication or commercial use requires written permission. Photographs are licensed from third parties and are not sublicensed by this permission.

Liability

To the fullest extent the law allows, the Foundation is not liable for any loss arising from use of, or reliance on, this website, including indirect or consequential loss and loss of profit or opportunity. Nothing in these terms excludes liability for fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded.

Links to other websites are provided for convenience only; the Foundation does not control them and is not responsible for their content.

These terms

These terms, together with the Privacy Notice, govern your use of this website. On the handling of personal data the Privacy Notice prevails; on everything else, these terms prevail. Both are subordinate to the Foundation’s constitutional documents and to any executed documentation.

We may amend these terms. The date at the top changes when we do, and continued use of the site after that date means accepting the amended terms. If any provision is found unenforceable, the rest continues to apply. A delay in enforcing any provision is not a waiver of it.

Governing law

These terms are governed by the law of the Federation of Saint Kitts and Nevis. Where the mandatory law applicable to you gives you rights that cannot be excluded by agreement, nothing here limits them.

Jurisdiction

The courts of Saint Kitts and Nevis have exclusive jurisdiction over any dispute arising from these terms. This provision stands separately from the choice of law above, and if it is found not to apply, that choice of law continues to apply.

Contact

Questions about these terms go to enquiries@noetiva.org, or to the registered office at A.L. Evelyn Ltd Building, Suite 1, P.O. Box 258, Main Street, Charlestown, Nevis.