Legal hub

Here you can find all the information and documents about how Diversified complies to the laws.

Diversified PropCo S.à r.l.

20, rue de Hollerich

L - 1740 Luxembourg

RCS number: B274627

Business License (Autorisation d'établissement) n° 10152318-0

Terms and conditions of use

Version as of April 27, 2023

The present general terms and conditions (the "GTCs") apply to any visitor ("You" or "User") of the website accessible at the URL address https://www. diversified.fi (the "Site").

The purpose of the GTCs is to determine the terms for the provision of the Site's services, as well as its conditions of use. Any access and/or use of the Site implies acceptance of and compliance with the GTCs.

These GTCs are subject to the laws and regulations in force in Luxembourg, to generally applicable and followed practices in Luxembourg as well as to the applicable professional rules. Where applicable, in particular depending on the place of residence and nationality of the User, but also on the place of execution of his operations, legal and/or regulatory provisions or practices may be applicable and applied to the relationship between Diversified PropCo S.à r.l. (hereinafter "Diversified"), a limited liability company (Société à responsabilitié limitée), whose registered office is located at 20 rue de Hollerich, L-1740 Luxembourg, registered with the Luxembourg Trade and Companies Register (RCS) under number B274627 and the User.

This website is published by Diversified, you can reach Diversified at the following coordinates:

- By phone: +352 274 874

- By email: [email protected]

- By mail:

Diversified PropCo S.à r.l.

20 rue de Hollerich

L-1740 Luxembourg

Grand Duchy of Luxembourg

Access to the site

The Site is accessible free of charge to any User with Internet access. All costs related to accessing the Site, whether hardware, software or Internet access costs, are exclusively the responsibility of the User. The User is solely responsible for the proper functioning of his/her computer equipment and Internet access.

Certain functions of the Site are reserved for users who have previously created an account and who have duly identified themselves using their login and password. We reserve the right to deny access to the Site, unilaterally and without prior notice, to any User who does not comply with these terms of use.

1. Definitions

For the purposes of these GTCs, in addition to the terms directly defined in the text, the following definitions and explanations apply:

1.1. Blockchain: a digital registry for mapping Diversified Tokens, respectively the access and disposition rights concerning Diversified Tokens, and the rights embodied by Diversified Tokens.

1.2 Diversified Login: login data defined by the Registered User, with which access to the Registered User's personal space in the Diversified Platform is granted. This login data is necessary to ensure the full functionality of the personal space.

1.3. Diversified Platform: a platform on which Registered Users can subscribe to Diversified Tokens accessible on the Site. In order to be able to use the services offered by the Diversified Platform, the Registered User must register on the Diversified Platform in accordance with the GTCs. The profile created during the registration process can be used to access the functions of the Diversified Platform.

1.4. Diversified Token or Notes: The asset backed notes issued Diversified on the basis of the article 100-14 of the Luxembourg law of 10th August 1915 on commercial companies as amended and represented by security tokens, the details of which are specified in the information documentation available on the Platform.

1.5. Register: register of Notes kept at the registered office of Diversified and represented on the Platform by the Diversified Tokens issued and distributed within or through secured electronic registration mechanisms such as distributed electronic ledgers or databases.

1.6. Agreement: All contractual documentation, including the Security Tokens Terms and Conditions, personal identification and account data, available and accepted by Diversified.

1.7 Data Protection Framework: the General Data Protection Regulation (EU) 2016/679 as well as the Act of 1 August 2018 on the organization of the National Data Protection Commission and the general data protection framework.

1.8. GTCs: these general terms and conditions.

1.9. Registered User or Investor: a User who has completed the identification procedure on the Platform, in particular by complying with the requirements of the Anti-Money Laundering Law, whose profile has been accepted by Diversified and who has read and accepted the Agreement for the subscription of at least one Diversified Token.

1.10. Issuer: Diversified PropCo S.à r.l.

1.11. Anti-Money Laundering Law: the Law dated 12 November 2004 on the fight against money laundering and terrorist financing, as amended.

1.12. Tokenization: Digital representation of a claim or value, certain rights and obligations, and a related right of disposition/transferability. In this case, the digital representation is linked to a (right of) disposition based on a contractual agreement and actual practice.

2. Context

Diversified provides User with access to the Platform that allows such User to subscribe to Diversified Tokens under certain conditions.

The Registered Users can subscribe to the Diversified Tokens after having read and accepted the subscription documentation and the information documentation available on the Platform, having completed the identification procedure in compliance with the requirements of the law on money laundering, among others, provided that their profile has been validated by Diversified.

The investments made by the Registered Users are used by Diversified to acquire the luxury goods which details are provided on the Platform (the "Goods") to the Registered Users.

The proceeds from the resale of these Goods will be redistributed to the Registered Users after deduction of subscriptions costs and other costs such as custody, insurance, sale, taxes in relation to the Goods from their acquisition by Diversified to their sale as detailed in the T&Cs and their annexes.

As noted below in Section 5, Registered User investments are associated with economic, legal and tax risks. Expectations of future performance may differ from what is expected and predicted, even with conservative estimates and calculations. Investment in Diversified Tokens is associated with considerable risks and may lead to partial or even total loss of the invested assets (risk of partial loss or risk of total loss). The suitability of such an investment is only given for the Registered User who can financially face a partial or total loss of the invested capital in case of negative developments. The capital investment is not suitable for Registered Users who have a short-term need for liquidity.
Registered Users undertake to use the Platform in compliance with all legal provisions and conditions applicable to the Platform.

3. Scope of Application

These GTCs apply to all services offered by Diversified on the Platform.

The conditions of subscription to Diversified Tokens applicable to Diversified and to the Registered Users are only governed by the Agreement and its annexes available on the Platform. These GTCs do not regulate the rights and duties of the Registered Users arising from the Security Tokens Terms and Conditions concluded by the Registered Users in relation to the Diversified Tokens.

The applicable version of the GTCs can be viewed and downloaded at any time on the website www.diversified.fi.

By successfully registering on the Platform, each Investor accepts these GTCs as legally binding.

4. Use of the Platform

4.1 Registration as a user

4.1.1 Access to the Platform

The Registered Users agree to provide Diversified, upon request, at the time of entering into a relationship or subsequently, with all documents and information that Diversified deems useful and necessary to meet its legal obligations.

Registered Users agree to provide Diversified with all information necessary to identify them, including their identity, capacity, profession, public or private responsibilities, activities, financial situation and tax residence. Registered Users also agree to provide Diversified, upon request, with all documents that prove that they have fulfilled their tax obligations.

In accordance with the legal provisions applicable in the Grand Duchy of Luxembourg regarding the fight against money laundering and the financing of terrorism, Diversified is required to identify the beneficial owner of the Registered User.

In the case of relationships with legal persons, the duly authorized representatives of the legal person are required to certify to Diversified the exact identity of the beneficial owner(s) at the time of the establishment of the relationship and to keep Diversified informed of any change in this respect. The Registered User agrees to notify Diversified immediately and in writing of:

(i) any change in its personal or professional circumstances or, in the case of a legal entity, in its business, financial condition or

(iI) any change in its personal or professional circumstances or, in the case of a corporation, in its business, financial condition or manner of operation; and

(iIi) any change that may affect his tax residence.

The Registered User must provide Diversified with all required supporting documentation. The Registered User must also inform Diversified without delay of any change in its situation, rights and obligations of the persons directly or indirectly involved in the relationship with Diversified. The Registered User assumes all possible consequences of his failure to communicate, incomplete or late communication of such changes, as well as all consequences that may result from the communication to Diversified of inaccurate, incomplete or ambiguous information.

Upon successful registration, Diversified grants the Registered User access to the Platform for the subscription of Diversified Tokens.

The Platform allows the Registered User to subscribe to Diversified Tokens.

Any registration under the specification of incorrect data may result in Diversified's exclusion from the Platform. Diversified reserves the right to delete, without notice, registrations created with one-time use email addresses (referred to as "disposable email addresses") as well as registrations that have not been activated within four (4) months of their creation.

Diversified may, at its discretion, refuse registration without stating reasons or exclude Registered Users from using the Platform. This applies if Registered Users violate applicable laws or morals or behave in any other inappropriate manner; in particular, racist, discriminatory, pornographic or offensive content will not be tolerated.

4.2 What data is stored?

Diversified collects and stores the following data about the Registered User in the course of
registration and use of the Platform:
- Marital status;
- Name and surname;
- Private or business address (street, house number, postal code, city, country);
- Telephone and/or mobile phone ;
- E-mail address;
- Date of birth :
- Nationality:
- Payment data (IBAN, BIC, sort code, account number, SEPA number, bank name, account holder, etc.).
In addition, any information provided by the Registered User under the Anti-Money Laundering Law will be recorded by Diversified.

4.3 Data protection

1. Diversified takes data protection particularly seriously and treats all investment-related information as confidential and will treat it in accordance with the Data Protection Framework. Diversified, acting as data controller, collects, stores and processes, electronically or otherwise, data provided by the Registered User for the purpose of performing the services requested by the Registered User and to comply with its legal and regulatory obligations.

2. The type of data processed is described in Article 4.2 and also includes any amount invested and any subscription of Diversified Token by the Registered User (and, if the Registered User is a legal entity, any natural person related to it such as its contact person(s) and/or beneficial owner(s)) ("Personal Data").

3. The Registered User may, at its discretion, refuse to provide Personal Data to Diversified. In this case, Diversified may however deny access to the Platform.

4. The Personal Data provided by a Registered User is processed to conclude and execute the subscription of Notes issued by Diversified PropCo S.à r.l. in the form of tokenized securities. The Personal Data will also be processed for the purpose of offering Diversified Tokens.

5. Personal Data is processed for the purpose of accessing the Diversified Platform (i.e. for the execution of a contract), for the administration and settlement of investments, for payments made to the Registered User and related tax registrations or declarations, for the legitimate interests of Diversified and to comply with legal obligations imposed on Diversified. In particular, Personal Data is also processed for the purpose of compliance with the applicable law on money laundering.

6. The "legitimate interests" mentioned above are:

- The processing purposes described in points 4 and 5 of the above paragraph of this Data Protection Section;
- to meet and comply with Diversified's global liability and regulatory obligations; and
- Conduct Diversified's business in accordance with reasonable market standards.

7. In accordance with the terms set forth in the Data Protection Framework, each Registered User shall have the right, upon written request to Diversified to:

- access his or her Personal Data (i.e. the right to obtain confirmation from Diversified whether or not his or her Personal Data is being processed, to receive certain information about Diversified's processing of his or her Personal Data, to access such data and to obtain a copy of the Personal Data being processed (subject to legal exceptions)) ;

- request rectification of Personal Data where it is inaccurate or incomplete (i.e. the right to require Diversified to update or correct inaccurate or incomplete Personal Data or any material error);

- restrict the use of his or her Personal Data (i.e. the right to have the processing of his or her Personal Data limited to the storage of such data in certain circumstances, unless his or her consent has been obtained);

- object to the processing of his Personal Data, including objecting to the processing of his Personal Data for marketing purposes (i.e. the right to object, on grounds relating to the particular situation of the Registered User, to the processing of Personal Data that is based on the performance of a task carried out in the public interest or the legitimate interests of Diversified. Diversified will cease such processing unless it can demonstrate either compelling legitimate grounds for the processing that outweigh the interests, rights and freedoms of the investor, or that it needs to process the data for the establishment, exercise or defense of legal claims);
- request the erasure of his or her Personal Data (i.e., the right to require that Personal Data be erased under certain circumstances, including where it is no longer necessary for Diversified to process such data in connection with the purposes for which it was collected or processed) ;

- request the portability of Personal Data (i.e. the right to have the data transferred to the Registered User or to another controller in a structured, commonly used and machine-readable format, where technically possible).

- The Registered User also has the right to lodge a complaint with the Commission Nationale pour la Protection des Données (the "CNPD") at the following address: 15, Boulevard du Jazz, L-4370 Belvaux, Grand Duchy of Luxembourg, or where the Registered User resides in another EU Member State, with any other locally competent data protection supervisory authority.

8. Personal Data shall not be kept for a longer period than is necessary for the purpose of processing the data, subject to applicable legal retention periods. In any event, Personal Data will be deleted no later than five (5) years after the end of the contractual relationship.

9. Although the Investor has the right to revoke at any time and free of charge the consent given to Diversified for the collection and use of the Data with effect for the future by sending an e-mail to Diversified, any legal retention obligations, in particular due to the Money Laundering Act, are not affected by the Investor's revocation.

10. the contact details of the Data Protection Officer of Diversified are :

- Tugdual de Kerviler
- Diversified PropCo S.à r.l.
- 20 rue de Hollerich, L-1740 Luxembourg
- phone number: +33 6 51 80 33 59
- e-mail: [email protected]

11. Our data protection officer will be happy to answer further questions on data protection upon request.

4.4 Transfer of personal data and storage by recipients

1. In accordance with the provisions of the Data Protection Framework, Personal Data may be transferred by Diversified to its data recipients (the "Recipients") which, for the purposes mentioned above, refer to its affiliated and third party entities supporting Diversified's activities which include distributors, the Auditor, Diversified's partners, Diversified's legal advisors and any other service providers such as for example banks or financial institutions. The transfer or communication may be automated (granting access to your data) or may take place only after we have made a preliminary selection and verified whether these investments are fundamentally suitable for the Registered User.

2. Recipients may, under their own responsibility, disclose Personal Data to their agents and/or delegates (the "Sub-recipients"), who will process the Personal Data for the sole purpose of assisting Recipients to provide their services to Diversified and/or assisting Recipients to fulfill their own legal obligations.

3. Recipients and Sub-recipients may be located in or outside the European Economic Area (the "EEA"), in countries whose data protection laws may not provide an adequate level of protection.

4. In the event of a transfer of Personal Data to Recipients and/or Sub-recipients located outside the EEA in a country that does not offer an adequate level of protection, Diversified will contractually ensure that Personal Data relating to a Registered User is protected in a manner equivalent to the protection offered under the Data Protection Framework, which may take the form of "Model Clauses" approved by the European Commission. In this regard, the Registered User has the right to request copies of the relevant document to enable the transfer(s) of Personal Data to such countries by writing to Diversified's address as specified above in Section 4.3. "Data Protection" point 10.

4.5 Use of the Platform

1. Diversified undertakes to provide the Platform to Users free of charge.

2. The User is solely and entirely responsible for protecting its access data to the Platform (username and password) against misuse and access by third parties. Users of the Platform agree to inform Diversified immediately in writing of any knowledge of their password by third parties and of any misuse of their account. Diversified reserves the right to temporarily or permanently exclude Users from using the Platform in case of suspected misuse of the Platform by the User or by third parties.

3. The User undertakes to keep the data created from his/her User Profile in a truthful and up-to-date state at all times and to protect access to such data by third parties. Users understand and agree that Diversified cannot be held responsible when electronic communications from Diversified are not received by User because the email address provided is incorrect, outdated, blocked by the service provider, or otherwise unable to receive email messages.

4. The communication channel between the Registered User and Diversified is telephone, fax, postal mail, SMS, e-mail and online contact forms, primarily in English or French, unless a special communication channel is prescribed or required in particular cases. For various contractual matters (e.g. change of access data and bank details, termination of contracts, succession, transfer of investments), only written communication in the form of a postal letter including a personal signature is allowed, provided Diversified does not explicitly offer other communication channels via its Platform.

4.6 Availability of the Platform

(1) Diversified undertakes to offer full availability of the Platform to the extent that is technically feasible and economically reasonable. However, Diversified cannot be held liable for maintenance work, security and capacity reasons, technical circumstances and events beyond its control that may result in the Platform being unavailable for a shorter or longer period of time.

(2) Diversified reserves the right to restrict access to the Platform, including the associated services, in whole or in part, at any time and without notice. Reasons for this may include capacity bottlenecks, the performance of maintenance/repair work and other technical measures. In case of maintenance or repair works, the Registered User will be informed by Diversified in an appropriate manner about the restriction of the accessibility of the Platform.

(3) Restrictions on access to and use of the Platform may be triggered due to the individual technical equipment of the Registered User and its quality. It is the responsibility of the Registered User to create the conditions of the technical framework enabling him/her to access the Platform without restriction. The use of the Platform may also require corresponding settings on the computer or cell phone of the Registered User, e.g. permission to save cookies.

(4) Diversified shall not be liable for any damages or other consequences that may result from the limited availability or lack of availability of the Platform.

4.7 Copyrights / granting of copyrights

(1) Diversified or the respective supplier or manufacturer indicated holds the copyright and other protective rights to all web pages (including source texts, software, layout, etc.) and their contents on www.diversified.fi. The photos illustrating the site are not contractual. The retrieval, copying and storage as well as the processing and alteration of the web pages and their contents may only be carried out for private, but not for commercial purposes. Copyright notices and brand names may not be changed or removed. Any actions beyond this require Diversified's prior written statement of consent.

(2) The Platform may contain links to the websites of other providers, for whose content Diversified assumes no responsibility. Inline links or hyperlinks from other websites to Diversified websites or website content, embedding or displaying Diversified websites or website content in a partial window (frame), are expressly prohibited without Diversified's prior written consent.

5. Subscription to Diversified Tokens via the Platform

5.1 Role of Diversified Finance S.A.S.

Diversified has entered into a separate contractual agreement with its sole shareholder Diversified Finance S.A.S., a simplified joint stock company incorporated under the laws of France, having its registered office at 22 rue Ornano, 69001, France and registered in the Lyon Trade and Companies Register under number 918 549 692, according to which Diversified Finance S.A.S. provides certain advisory and management services in connection with the Platform.

In this context, Diversified Finance S.A.S. will not be a party to the Agreement between Diversified PropCo S.à r.l. and the Registered Users.

Diversified and Diversified Finance S.A.S. do not provide any investment or tax advice and more generally no regulated financial services. Before subscribing to Diversified Tokens, Registered Users are recommended to obtain advice from qualified experts.

5.2 Subscription

(1) Registered Users can only subscribe to Notes in the form of tokenized securities, via the Diversified Platform, after having completed the identification procedure as described above.

(2) There is a time limit for the subscription of Diversified Tokens. The Issuer and Diversified reserve the right to change the deadline at any time. It is also possible to terminate the offering prematurely, if the offering is full. In the event of an over-subscription, the first-come, first-served principle will apply, with the execution of the contract being decisive. If a subscription amount exceeds the available volume of the Diversified Token, Diversified may reduce the subscription amount according to the volume still available.

(3) When making an investment decision, the Registered User is fully responsible for obtaining and reviewing information. Thus, the Registered User is obliged to make an intensive examination of all documents, risks and other circumstances related to the Diversified Token before subscribing to a Diversified Token, so that the decision to subscribe to a capital investment is made solely and under the Registered User's own responsibility.

(4) For the successful conclusion of a subscription for the acquisition of a Diversified Token, it is necessary that the Registered User fills in all pages of the electronic form in the subscription process on the Platform completely and truthfully and completes the process on the summary at the end of the subscription process.

(5) The Issuer or a third party designated by it reserves the right to accept the subscription statement of the Registered User in whole or in part, unless the Terms and Conditions of the relevant investment provide otherwise. The subscription of Diversified Tokens is not allowed for persons residing outside Luxembourg, minors, persons who do not meet the requirements of the Money Laundering Act.

(6) As part of the subscription process on the Platform, the details of the offer, subscription, conclusion of the contract and other conditions and restrictions of acquisition will be set out in other contracts and the contractual conditions and restrictions will be disclosed and confirmed by the Registered User, including but not limited to the offering memorandum of the Diversified Tokens, Diversified's articles of association and the Contract.

(7) Diversified shall only be liable for intentional misconduct or gross negligence arising out of the contractual relationship established with the Registered Users.

(8) Diversified is not liable to the Registered User for the fiscal, economic or legal objectives pursued in the context of the respective investments, and in particular not for the success of the respective Diversified Tokens or for the compliance with the forecasts made in relation to the respective Diversified Tokens.

(9) The aforementioned exclusions and limitations of liability also apply in favor of Diversified's employees, their managers, their subsidiaries as well as their respective agents and other third parties who assist Diversified in the execution of the agreement.

5.3 Risk Information

(1) Investments are subject to economic, legal and tax risks. Expectations of future performance may differ from what is expected and predicted, even with conservative estimates and calculations. The acquisition of capital investments is associated with considerable risks and may lead to the partial or even total loss of the invested assets (risk of partial loss or risk of total loss). The suitability of such an investment is given only for the Registered User who can financially face a partial or total loss of the invested capital in case of negative development. The capital investment is not suitable for Registered Users who have a short-term need for liquidity.

5.4 Processing of payments

When a Diversified Token is subscribed, payments are ordered to the respective Issuer. Diversified does not accept payments itself. Diversified will delegate the payment process to a third party licensed provider which costs should be assumed by the Registered User.

5.5 Confidentiality

If the contents accessible to the Investor in connection with the acquired investments as well as all information and documents received in the course of the acquisition, holding and management as well as the sale of the investments are not publicly accessible in each case, they will be treated confidentially by the Investor. This includes in particular all contractual documentation with the Issuer as well as information and documents obtained in connection with the respective investment.

Diversified undertakes to keep confidential all information collected in the course of the relationship with the Registered User. Diversified agrees not to disclose any confidential information about the Registered User, unless the disclosure of such information is made pursuant to or required by applicable law or at the request or with the consent of the Registered User.
Registered User expressly instructs and authorizes Diversified to transfer its confidential data whenever deemed necessary for the performance of these GTCs.

6. Diversified Register

6.1 General

(1) The management and holding of the Register will be provided by Diversified and will be represented on the portfolio of the Registered used on the Platform that may require the assistance of third party service providers. The Registered User understands and accepts that this means that Diversified only provides access to the solution provided by the third party service provider. Therefore, the Registered User will be required to accept the terms and conditions of the third party service provider relating to the Portfolio.

(2) Diversified will not incur any liability in relation to the safekeeping services provided by a third party service provider and therefore Diversified will not be liable in case of insolvency of the third party service provider and will not incur any liability in this respect.

7. Contract

7.1 Duration of the contract, termination

(1) These GTCs are concluded between Diversified and the Registered User for an indefinite period of time.

(2) The relationship may be terminated at any time by either party with two (2) weeks' notice in writing or in text form (e.g., by email).

(3) Notices of termination to Diversified shall be sent to the address set forth in the preamble or by email (to [email protected]). Notices of termination to Registered User should be sent to the postal or email address provided at the time of registration.

(4) In the event of termination, Diversified will delete all data of the Registered User within the Diversified Systems within thirty (30) days after the effective date of termination, to the extent that this is legally permissible, i.e., in particular to the extent that there are no legal retention or archiving periods to the contrary. Data created in connection with the Diversified Register on the Diversified Blockchain cannot be deleted due to its fundamental immutability and ownership as a continuous record.

7.2 Amendment of the GTCs, termination of services

(1) Provided that the Registered User is not unreasonably disadvantaged, Diversified may amend the GTCs at any time by informing the Registered User no later than four (4) weeks prior to the entry into force of such amendments, by e-mail, excerpts or by posting on its website www.diversified.fi or by any other durable medium to take into account, inter alia, any changes in legislation or regulations or changes in market practices or situations.

(2) If the Registered Users of the Platform do not object to the application of the amended GTCs before the proposed effective date of the amendment of these GTCs, the amended GTCs shall be deemed accepted by them. Diversified undertakes to inform the Registered User in the modification notice about the meaning of this deadline and the legal consequences of a possible silence.

7.3 Right of withdrawal

Exercising the right of withdrawal after concluding a distance or off-premises contract

In accordance with Luxembourg law, any Registered User who is a consumer, i.e. any natural person acting for purposes that do not fall within the scope of his professional or commercial activity (hereinafter, the "Consumer"), has the right to withdraw within 14 calendar days, without giving any reasons and without any penalties, when he changes his mind following the conclusion of the contractual relationship with Diversified.

The right of withdrawal must be respected when the Consumer notifies Diversified of his decision to withdraw within a period of 14 days, the starting point of which is the day of the conclusion of the contract.

How to proceed - Notice of withdrawal

The Consumer may inform Diversified that he wishes to withdraw from the contract, either orally or in writing. Consumers do not need to give any reason for their decision to withdraw. As the Consumer has the burden of proof to prove its decision to withdraw, it is recommended to inform Diversified in writing, preferably by registered mail with acknowledgement of receipt. The Consumer can, in this case, send Diversified the following:

- a written statement in which they clearly express their decision to withdraw from the contract.

Diversified also undertakes to offer the User, on its website, the possibility to fill in and send a withdrawal statement online. Diversified will immediately acknowledge receipt of the Consumer's notice of withdrawal by means of a durable medium.

Effects of the withdrawal on the contract

Following the exercise of its right of withdrawal by the Consumer, both parties will no longer be bound by the obligation to perform their respective obligations.

Termination of these GTCs shall result in termination of any agreement supplementing these GTC.

8. Final Provisions

(1) If any provisions of these GTCs are or become invalid, ineffective or unenforceable, the validity of the remaining provisions of these GTCs will not be affected and will remain in full force and effect.

(2) Communications between Diversified and Registered Users shall be in English or French. Unless otherwise indicated by Diversified to the User in particular cases, other languages are not available as a language of contract or communication.

(3) The relationship between Diversified and the Registered User is governed by the laws of the Grand Duchy of Luxembourg.

(4) In the event of a dispute, the courts of Luxembourg-City shall have exclusive jurisdiction, unless Diversified elects to bring an action against the Registered User before any competent court according to the ordinary rules of procedure, including the applicable jurisdictional rules of the European Regulation or the applicable Convention.

(5) Legal actions against Diversified shall be barred after three (3) years. The limitation period shall begin to run on the date on which the acts for which Diversified is to be held liable were committed or omitted.