Terms and Conditions
This Website is operated for Vida International Group LTD and any investment through this Website will be facilitated by Quva Platform. Quva is the fintech software specialising in alternative investments and the development and operation of online investment platforms. We do not accept or client monies directly and all investments made are to an Independent Escrow Account.
The Terms and Conditions set out in these General Terms and Conditions constitute a contract which is binding on you and, in relation to any purchase of Bonds which you make through this Website.
Vida International Group LTD shall arrange for you to acquire Bonds through this Website and shall treat you as its client for these purposes.
The Terms and Conditions apply where you apply to purchase Bonds on an advised basis or a non-advised basis. Where you acquire Bonds or a portfolio of Bonds on an advised basis, you will be required to confirm that you have received advice to do so from a qualified financial adviser. Vida International Group LTD does not offer financial advice and shall rely upon the determination of suitability by your financial adviser in order to comply with their respective regulatory responsibilities and they shall not be responsible for assessing or overseeing the assessment of the suitability of that recommendation.
Where you apply to purchase Bonds on a non-advised basis you will need to personally make certain declarations and certifications so that Vida International Group LTD can determine whether or not it is suitable or appropriate (as relevant) for you to purchase Bonds.
You may only purchase Bonds if you are approved by Vida International Group LTD as having the necessary experience and knowledge to understand the risks in accordance with the assessment process which you can initiate by logging on at www.vidacapital.co.uk.
Vida International Group LTD reserves the right to reject applications to purchase Bonds on such grounds as it sees fit, including, without limitation, your knowledge and understanding of investing, your financial status, your capacity to be bound by these Terms and Conditions or the jurisdiction in which you live or are a citizen. As part of the assessment process, Vida International Group LTD will carry out identity and fraud checks on you, using third-party agencies. Vida International Group LTD uses our internal guidelines and policies when assessing applications but retains complete discretion. If Vida International Group LTD cannot obtain adequate information from a third party agency then Vida International Group LTD will ask you to send it with copies of the relevant identification documents (normally a certified copy of your passport and a utility bill) and any supporting evidence that we may require. If you do not provide all appropriate identification documents, you will not be able to purchase Bonds. Vida International Group LTD may also suspend the application process at any time if Vida International Group LTD believes it is appropriate in order to comply with its legal obligations.
If following the application process, Vida International Group LTD decides that it is appropriate, you will then be able to view offers of Bonds available through this Website.
You must inform Vida International Group LTD if any declarations or confirmations you have made as part of this application process no longer apply.
If you wish to purchase Bonds through the Website, you will need to open an account and specify the size of the investment you wish to make, and place funds in your Client Account. Your rights in respect of Bonds that you purchase are described in the Vida International Group LTD Bonds Information Memorandum.
If Vida International Group LTD accepts your application, we will provide you with escrow bank account details into which you can transfer money to make investments (your “Client Account”). Payments into your Client Account must be made by electronic transfer from your Nominated Account. Withdrawals from your Platform Account will only be made to your Nominated Account.
The Client Account will be administered by a Regulated Escrow service. At present, the Escrow provider is Vaulltix, Vaulltix is a Self-Regulatory Organization (SRO) member of the Financial Services Standards Association (VQF, membership no. 100208) based in Switzerland. VQF is an official FINMA-recognized SRO pursuant to the Anti-Money Laundering Act (AMLA) since 1998.. By accepting these Terms and Conditions, you appoint the escrow provider to receive any monies paid into your Client Account, including funds deposited by you to make an investment and money paid to you by the issuer of the investment. No interest is payable on money held in the Client Account and no fees are charged in respect of establishing the account.
The Client Money will be paid into escrow and held in a pooled account and will not be separately identifiable from Client Money of other clients of the escrow or its associates on the relevant bank’s books and records.
If a bank with which the escrow provider holds Client Money fails (including the appointment of a liquidator, receiver, administrator, or trustee in bankruptcy, or any equivalent), this will constitute a secondary pooling event, which may result in a shortfall in the funds held for you.
In the event of Vida International Group LTD's insolvency, we will not facilitate any new investments. The insolvency practitioner will notify you of any changes to how your account will be managed in such an event.
If a Client Money balance remains unclaimed and there has been no movement on the client's balance for a period of at least six years (ignoring any payments or receipts of charges, interest, or similar items), provided the liquidator has taken reasonable steps to trace the client and return the balance, the liquidator may cease to treat the money as Client Money and pay the Client Money to a registered charity of their choice.
Changes to the General Terms and Conditions
Vida International Group LTD or vidacapital.co.uk may, at any time, change these Terms and Conditions by giving you written notice. Such amendment will take effect on the date specified in the written notice. For the avoidance of doubt, these changes may impact our fees and charges or the level of service provided. Any amendment that adversely affects you will not apply to sums already lent out. Vida International Group LTD may also amend these Terms and Conditions if it believes it necessary to respond proportionally to changes in law and regulations or to reflect changes to our systems, administrative processes, and procedures, market practice, or client requirements and to reflect other legitimate cost increases (or reductions). You will be given at least 30 days' notice in respect of any changes to these Terms and Conditions unless the specific circumstances require a shorter or longer period. Any amendments will comply with any applicable laws and regulations.
Fees and charges
The Vida International Group LTD Bonds Information Memorandum will set out full details of the relevant fees, if any, that will be charged.
Miscellaneous
By using this Website, you confirm that you have read, understood, and agree to these Terms and Conditions and our privacy and cookies policy (each as amended from time to time). If you do not agree to the Terms and Conditions, you must stop using the Website immediately.
You will be required to provide personal details and a password before initiating any investment. You are responsible for all information and activity on the platform by anyone using your details and password. If you authorise an agent, family member, employee, or sub-contractor to use your account you will be responsible for their activity on the Website. Any breach of security, loss, theft, or unauthorised use of your security details must be notified to us immediately. We reserve the right not to act on your instructions where we suspect that the person logged into your account is not you or we suspect illegal or fraudulent activity or unauthorised use.
You agree not to adapt or circumvent the systems in place in connection with this Website, nor to access our systems other than by using the credentials assigned to you and by following the instructions that we have provided for that type of connection.
Acceptance of an application to invest will be at the discretion of Vida International Group LTD is satisfied which may be declined if, for example, because the offer is over-subscribed or under-subscribed or because of legal or regulatory matters. The allocation policy for each investment is based on a first-come-first-served basis, by reference to the time your account is funded. If it is not possible to allocate investments to you, Vida International Group LTD may hold your subscription for participation in a subsequent issue of like investments, although you will be entitled to request to have your unallocated subscription monies returned to you until they have been committed.
All Bonds will be governed by the terms of the Bond Instrument; the Information Memorandum; and these Terms and Conditions. To the extent that there are any inconsistencies between these documents, the provisions of the Bond Instrument shall prevail over the Information Memorandum, and the Information Memorandum shall prevail over these Terms and Conditions.
Vida International Group LTD does not provide investment advice, legal advice, or tax advice. In particular and subject to clause 2, you are responsible for making your own investment decisions. If you are in any doubt as to your own personal circumstances, you should seek such advice from an appropriately qualified professional.
Vida International Group LTD will not facilitate investment where we are aware that it is illegal, although it is your responsibility to ensure that you have complied with any relevant legal or regulatory restrictions that would prohibit you from investing.
You may request any of your cash that has not been allocated to an investment, including investment returns, to be paid back into your Nominated Account. If you wish to replace your Nominated Account, you may request to do so by email. Any alternative account must be in your name and be held with a bank or credit institution that is acceptable to Vida International Group LTD.
Payments to you will be made after deduction of any relevant tax. Regardless of whether we withhold tax, it is your responsibility to account for any taxes that may be payable to the appropriate authorities.
You can view details of the investments and money in your General Accounts through the Website. For reporting purposes, we will value your Bonds by reference to their nominal value and will only report interest after it has accrued on payment.
There is no established secondary market for Bonds available through this Website and so you should normally expect to hold your Bonds until the redemption date, or beyond, if there is a significant default on the Bonds.
Liability
Neither Vida International Group LTD nor the escrow provider shall be liable to you for any loss or damage which you may suffer as a result of the provision of our respective services except where such loss or damage arises from our breach of these Terms and Conditions or was caused by Vida International Group LTD or the escrows negligence, wilful default or fraud.
Neither Vida International Group LTD nor the escrow provider is responsible for any breach of these Terms and Conditions arising from circumstances outside Vida International Group LTD or the escrow’s reasonable control. Vida International Group LTD and the escrow provider's total liability to you in connection with your use of our respective services shall not exceed the amount of money you have invested.
Neither Vida International Group LTD nor the escrow provider will be liable for loss of profits, sales, business, or revenue, loss of anticipated savings; loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
Nothing in these Terms and Conditions shall limit Vida International Group LTD liability for personal injury or death, fraud, nor for any other liability, the exclusion or limitation of which is not permitted by applicable law or regulation. To the extent permitted by law, Vida International Group LTD and the Trustee exclude all conditions, warranties, representations, or other terms which may apply to the Platform or any content on it, whether express or implied.
General
These Terms and Conditions are governed by and to be construed in accordance with Common law. In the event of any matter or dispute arising out of or in connection with these Terms and Conditions, you and we shall submit to the exclusive jurisdiction of the English courts.
If any of these Terms and Conditions is found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the remainder shall, so far as possible, continue in full force and effect.
No single or partial exercise or failure or delay in exercising any right, power, or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power, or remedy arising under these Terms and Conditions or otherwise.
In the event of Vida International Group LTD’s insolvency, Vida International Group LTD shall attempt to find an alternative services provider to enable the platform to continue to function.
Vida International Group LTD may exercise any of its rights or discharge its obligations under these Terms and Conditions in its own capacity or through any company or other legal entity which has all relevant legal authorisations, licenses or permissions to discharge those functions.
Contacting us
If you have any questions about these Terms and Conditions or wish to contact us for any other reason, you can contact us by email: info@vidacapital.co.uk
Complaints and Compensation
Vida International Group LTD has established procedures for the effective consideration of complaints.