Last modified: May 19th, 2023
Legal Notice and Terms of Use
This website (together with the documents, services and features referred to on it) provides the terms and conditions on which you may utilize our digital services, whether as a guest or a registered user (“Terms of Use”). Please read these Terms of Use carefully before you start to use the website. By entering our website, you expressly accept these Terms of Use and agree to abide by them. If you do not agree to these Terms of Use, please refrain from using our website.
Information About Banppi
The Banppi platform consists of the website (banppi.com) and web application (app.banppi.com) and may include mobile apps in the future. By using Banppi, you agree to be bound by these Terms & Conditions. All private investments through Banppi will carry a risk and are not guaranteed. Users through Banppi will not directly own any sort of real property or immovable assets. Instead, they will have a digital asset that entitles the holder to a portion of a property's net income in proportion to the amount of that property's digital asset that the user holds. No additional ownership or rights over a property are granted to holders of the digital asset. Banppi is not a manager of investments, assets, or funds and it does not invest or manage funds on behalf of its users. Banppi does not provide any sort of financial advice to registered users or guests of the website and platform. Banppi is not a property manager nor a real estate agency platform.
Information About the Website Operation
This website is operated by the company Banppi, S.R.L., a company duly incorporated under the laws of the Republic of Costa Rica, under corporate identification number 3-102-949749. The main object of the website is the operation of the platform with the name “Banppi”.
Accessing this Website
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our website without any prior notice to the users (see below). Banppi will not be liable if, for any reason, our website is unavailable at any time or
for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not share it with any other person. You agree not to allow any other party to access your account using your credentials and to perform any actions on the platform on your behalf. Banppi will not be liable for loses that occur from a third party accessing your account using your credentials, nor for situations occurred because of user negligence. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. You agree to notify us immediately upon becoming aware of any unauthorized disclosure or use of your user identification code and/or password.
You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these Terms of Use, and that they comply with them.
Digital Assets
Investments in private offerings involve a degree of risk from the investor. Investments in private offerings are not bank deposits and therefore are not insured by any banking authority nor guaranteed by any other party. No securities commission or regulatory authority has recommended or approved any investment or the accuracy or completeness of any of the information or materials provided by or through us.
Prohibited Use
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (“Spam”);
- To make unauthorized attempts to access any of our systems or third party networks;
Suspension and Termination
Banppi will determine, in our discretion, whether there has been a breach of these Terms of Use through your use of our site. When a breach of these Terms of Use has occurred, we may take such action as we deem appropriate including but not limited to taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of these Terms of Use. Banppi shall always carry out the necessary due diligence and adequate care to prevent and/or mitigate any risks to their users.
Membership Obligations
Where you have joined this website as a member you undertake to inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of. You agree to inform us immediately of any changes affecting your registration details. It is your obligation to ensure that your registration details are kept up to date.
Disclaimer
Whilst we have taken reasonable care in compiling this website, we are not responsible for any action taken by any person or organization, wherever they are based, as a result, direct or otherwise, of information contained in or accessed through this website whether such information is provided by us or by a third party. Nothing on this website should be construed as the giving of financial advice (or any kind of advice) or the making of any recommendation and this website should not be relied upon as the basis for any decision or action. As a result of advances and developments, the information on this website may not always be completely up to date and, for this reason, such information is provided on an "AS IS" and "AS AVAILABLE" basis.
This platform serves as an intermediary between the services offered by Banppi´s direct client and the final recipient of said services. Therefore, Banppi is not responsible for any damages, losses, liabilities, or otherwise that the parties may cause through the use of this service. The accountability falls solely on the users of Banppi in the event that any of the aforementioned should happen for reason directly attributable to its contents and operability.
WE MAKE NO WARRANTIES, REPRESENTATIONS OR GIVE ANY
UNDERTAKINGS EITHER EXPRESS OR IMPLIED ABOUT ANY OF THE CONTENT OF THIS WEBSITE (INCLUDING, WITHOUT LIMITATION, THE TIMELINESS, CURRENCY, ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OF SUCH CONTENT OR THAT THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ERROR FREE OR RELIABLE).
You agree that the use of information obtained or downloaded from or through this website is at your sole discretion and risk. Some jurisdictions do not allow the exclusion of implied warranties in which case the above will not apply in such jurisdictions.
Our Liability
To the extent permitted by law, we, Banppi, whether as an independent Company and as a registered Trademark, and any of the affiliates or trademarks connected to us, hereby expressly exclude:
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for (i) loss of income or revenue, (ii) loss of business, (iii) loss of profits or contracts, (iv) loss of anticipated savings, (v) loss of data, (vi) loss of goodwill, (vii) wasted management or office time; and (viii) for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
We do not warrant that functions contained in this website will be uninterrupted or error free, that defects will be corrected, or that this website or the server that makes it available are free of viruses or bugs.
Not Advice
This communication is not to be construed as investment, tax, technical or legal advice in relation to the relevant subject matter; Users must seek their own legal or other professional advice before making any investment to determine whether an investment is suitable for them. We do not provide investment advice, endorsement, recommendations with respect to any properties listed on this site or other advice. You are solely responsible for determining
whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, transaction costs and risk tolerance. Investors must do their own due diligence before investing and/or consult with
an independent financial advisor. Nothing on this website should be construed as an offer to sell, solicitation of an offer to buy or a recommendation in respect of a security.
Performance Not Guaranteed
Past performance is no guarantee of future results. Any historical returns, expected returns, or probability projections are not guaranteed and may not reflect actual future performance. No conclusion of any type or kind should be drawn regarding the future performance of investments based upon the information presented herein. Performance information presented does not include any reinvestment of dividends or other earnings. Performance information presented has been prepared internally (unless otherwise noted) and has not been audited or verified by a third party. Information on this website is based on information available to us, as of the date of posting and we do not represent that it is accurate, complete or up to date.
Risk of Loss
All investments involve risk and may result in partial or total loss of your investment. Investment in real estate can be speculative or volatile. The value of your investments may experience losses and anticipated returns may not materialize as forecasted. The future property value is unpredictable; the value of any real property you invest in may decline at any time. The real property you invest in might not result in a positive cash flow or perform as you expected. In addition, you may experience delays in being paid from rental income or it may be difficult to sell the property at a value that generates a positive return for all users. Diversification and asset allocation do not ensure profit or guarantee against loss. Banppi offers digital assets that are materially different than direct, outright ownership of property, investments in real estate funds, REITs or other securities or interests. The value of a property's digital asset is not guaranteed to follow the real property's value and may fluctuate significantly for reasons unrelated to the underlying real estate asset. Banppi does not offer refunds after an investment has been made. If Banppi ceases to carry on its business, you may experience losses, incur costs and/or delays in being paid. Using credit or borrowed money to invest on Banppi carries a greater risk as even if your investment declines in value, you will still need to meet your repayment obligations. Your capital is not guaranteed.
Liquidity Not Guaranteed
Digital assets offered by Banppi are not liquid or shall not have and there is never any guarantee that you will be able to exit your investments on the Secondary Market or at what price an exit (if any) will be achieved.
Not a Public Exchange
The Banppi Platform is NOT a stock exchange or public securities exchange, there is no guarantee of liquidity and no guarantee that Banppi will continue to operate or remain available to investors.
Force Majeure
Banppi will not be liable on account of any loss, damage or delay occasioned or caused by acts of God or of the public enemy, terrorism, cyber terrorism or breach of security, communications or power interruptions or outages, compliance with any law, regulation or other governmental order, or any other causes beyond reasonable control of either party that cannot be overcome or prevented by due diligence, whether or not similar to the foregoing.
Intellectual Property Rights
The intellectual property rights in this website, and in the material published on it including without limitation, in all documents, files, text, images, RSS Feeds, audio files, Podcasts, video files, flash tutorials, graphics, devices and code contained in it and in this website's general "look and feel", are owned by Banppi. These works are protected by copyright laws and international treaties on such matter around the world. All such rights are reserved. The sole beneficiaries to all economic profits from Intellectual Property rights and trademarks are of exclusive belonging to Banppi.
You are authorized to make a single copy and to print extracts or documents from this website (except for any third party owned content which has been identified as such) for your non-commercial use provided any such copy or print retains all copyright or other proprietary notices and any disclaimer contained within them. All of Banppi´s names, logos and trademarks may not be used or reproduced without our prior written consent. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
Other than as specifically mentioned above, reproduction of part or all of the contents of this website in any form, including framing, creating any derivative work based on this website and or its content, incorporation into other websites, electronic retrieval systems or publications is prohibited. You may not use any diagrams, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. No links to this website may be included in any other website without our prior written permission.
We cannot guarantee that you have any right to use third party owned content which is available on this website and you must obtain permission from the third party owner before using or downloading such content. Content which is copyright protected may not be changed nor may any author attribution notice or copyright notice appearing on such content be altered without first obtaining the appropriate consents.
Except for the limited permission set out above, nothing on this website should be construed as granting any other right or license.
All product names referred to on this website are trademarks that belong to Banppi or its Affiliates, except for those marks which are indicated as owned by other companies and all rights are reserved.
Right to use Information Supplied by User
In the event that you submit any material for inclusion on this website (including without limitation, personal information, know-how, comments, ideas, questions, techniques, abstracts or similar), you agree (i) that such material will not be deemed to be confidential unless it is Personal Data (ii) that such material will not be deemed to be proprietary unless it is privileged information and (iii) to grant to us an irrevocable, worldwide, perpetual, royalty-free, non-exclusive license to use, disclose, copy, modify, adapt, publicly display and translate all or any of such material for any purpose whatsoever without restriction. We reserve the right, in our absolute discretion, to remove or delete, without notice, any material you submit for inclusion on this website. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy. We process any personal information about you in accordance with our Privacy Policy.
Viruses, Hacking and other Offences
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you might commit a criminal offence under the applicable laws of Costa Rica or your jurisdiction. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it. In accordance with good computing practice, you are advised to virus check all materials and/or content accessed and/or downloaded from this website using commercially available, up to date virus checking software.
Linking to this Website
You may not link to our home page with first obtaining our prior written consent. Following such consent any such link must be presented in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page following written consent from us referred to above. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with this Legal Notice.
Third Party Websites and Content
This website may contain third party owned content (e.g. articles, image libraries, data feeds or abstracts) and may also include hypertext links to third party owned websites. We provide such third-party content and links as a courtesy to our users. Links are provided for your information only. We have no control over any third party owned websites or content referred to, accessed by or available on this website and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third-party websites or content or for the availability of such websites. We do not accept any liability arising out of any allegation that any third party owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any liability arising out of any information or opinion contained on such third-party website or content.
Changes to this Website
We reserve the right to change any part of this website or this legal notice at any time without notice. Any changes to this legal notice shall take effect from the next time you access this website. You are expected to check this Legal Notice from time to time to take notice of any change we made, as they are binding on you. Notwithstanding the above, we shall not be obliged to keep this website up to date. If the need arises, we may suspend access to this website, or close it indefinitely.
Jurisdiction and Applicable Law
Regardless of the location of Banppi ´s internet domain address, the applicable law in case of disputes or interpretation conflict of the term of the Terms of Use, as well as any other matter related to the services of this Site, shall be the laws of the Republic of Costa Rica. The courts of San José, Costa Rica will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.