Terms of Service

1. What this service is

Mercatus Capital Lotus is a marketplace connecting owners of Albanian private companies with buyers and investors. We facilitate the introduction and the process; we are not a party to the transaction.

2. Not investment advice

Nothing on this platform is investment, financial, legal or tax advice, and nothing here is a public offer of securities. Investing in private companies carries high risk, including total loss of capital. Always carry out your own independent analysis and consult your own advisers.

3. Your account

• You must be at least 18 and have full legal capacity.
• The information you give must be accurate and kept up to date.
• You are responsible for keeping your credentials safe and for activity carried out from your account.

4. Seller obligations

By publishing a listing you confirm that you have the right to sell or raise capital for the company, and that the information presented is true and not misleading. We reserve the right to verify, suspend or remove any listing.

5. Confidentiality

Data-room access is granted only after a non-disclosure agreement is signed. Using information obtained through the platform for any purpose other than evaluating the transaction is a breach of these terms.

6. Fees

The success fee is 6% of the value of a closed transaction or of capital raised, payable by the seller/capital seeker on closing. Full terms are set out in the mandate you sign. [TODO: confirm VAT treatment and any other fees.]

7. Prohibited use

• Submitting false or misleading information.
• Attempting to circumvent the platform to avoid fees.
• Scraping data or interfering with the security of the service.

8. Liability

The service is provided “as is”. To the fullest extent permitted by law, we are not liable for losses arising from your investment decisions or from the conduct of the other party to a transaction.

9. Governing law

These terms are governed by the law of the Republic of Albania, and disputes are subject to the jurisdiction of the competent courts in Tirana. [TODO: confirm the dispute-resolution clause.]