WEBSITE TERMS & CONDITIONS

 

1 About the promoter

The information contained on this website is communicated by [Solargreen] (“Solargreen”).

This website provides information about various investment products (“Solargreen Products”). The provision of such information may constitute a financial promotion by Solargreen.  The use of this website is subject to the following terms and conditions (the Terms) which you should read carefully. By using this website you agree to be legally bound by these Terms. If you do not accept these Terms, please do not use this website.

2 Distribution of information

The distribution of the information and material on this website may be restricted by law in certain countries. None of the information is directed at, or is intended for distribution to, or use by, any person or entity in any jurisdiction (by virtue of nationality, place of residence, domicile or registered office) where publication, distribution or use of such information would be contrary to local law or regulation, or would subject Solargreen to any registration or licensing requirements in such jurisdiction. You must inform yourself about, and observe any such restrictions in your jurisdiction and by accessing this website you represent that you have done so. The information on this website is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any securities in the United States to or for the benefit of any United States person (being residents of the United States or partnerships or corporations organised under the laws thereof). Products related to Solargreen Products have not been registered in the United States under the Investment Company Act of 1940 and interests therein are not registered in the United States under the Securities Act of 1933.

3 No offer

The information and material on this website, including any offering document, is intended to be used for information purposes only. None of the information constitutes a public offer of securities under any applicable legislation, or an offer to sell, or a solicitation or an offer to purchase, any financial instruments, including but not limited to Solargreen.

4 Website user categorisation

The professional investor section of the website and its content is restricted to “Professional Investors” only (as defined below) and is not intended for retail or private investors.

[For the purposes of these terms, references to an “Professional Investor” mean a professional client pursuant to Directive 2004/39/EC (MIFID) Annex II Section I and shall include:

(a) a person authorised by the FCA to conduct regulated investment activities in the United Kingdom and a person in a member state of the EU similarly authorised by a local regulatory body equivalent to the FCA;

(b) a government, local authority or international organisation;

(c) any body corporate which satisfies (or is a member of the same group as an undertaking which satisfies) either of the following size requirements: (i) that it is a company which has more than 20 members (or is the subsidiary of a parent undertaking which has more than 20 members), and it has a called up share capital or net assets of not less than €500,000; or (ii) that it is a company and it has a called up share capital or net assets of not less than €5 million;

(d) any unincorporated association or partnership which has net assets of not less than €5 million;

(e) a trustee of a trust which has assets (before deducting the amount of its liabilities) of €10 million or more or has had assets (before deducting the amount of its liabilities) of €10 million or more at any time during the year prior to accessing this part of the Website; and

(f) any person whilst acting in the capacity of director, officer or employee of any of the persons listed at (c), (d) or (e) above where that person’s responsibilities, when acting in that capacity, involve him in the person listed at (c), (d) or (e) above engaging in investment activity.

In accessing the website as a Professional Investor you will be undertaking, warranting and representing to Solargreen that you are a Professional Investor. Please note that Solargreen will be acting in reliance upon your undertaking, warranty and representation and you shall indemnify us and hold us harmless against all claims liabilities, losses, damages, costs and expenses incurred or suffered by us by reason of any breach of such undertaking, warranty and representation.

As a matter of general policy Solargreen will not conduct regulated investment activities with any person as a result of their receiving information from the website, unless agreed otherwise with a professional investor.

Any non-Professional Investors should click on “Back” to return to the landing page.

5 No investment advice

This website is published solely for information purposes and does not constitute investment, legal, tax or other advice. It should not be relied upon in making an investment decision. The website is not tailored to the needs of any individual investor and does not contain any personal recommendation relating to any investment product, or any representation that an investment or strategy is suitable or appropriate for your individual circumstances. If any information on this website refers to a particular tax treatment, the tax treatment described depends on the individual circumstances of each client and may be subject to change in future. Prospective investors should obtain independent investment advice and inform themselves as to applicable legal requirements, exchange control regulations and taxes in their jurisdiction.

8 No warranty

Information contained on this website has been taken from sources considered by Solargreen to be reliable, however the information is unaudited. No express or implied warranty or representation is given:

(i) in relation to any aspect or characteristic of the website or any information contained on it;

(ii) as to the accuracy, completeness, availability, timeliness, merchantability or fitness for purpose of any information on the website, including but not limited to any quotations, news, opinions, commentaries, recommendations, data or pricing;

(iii) that access to any aspect of the website will be uninterrupted or free from delays, malfunctions or errors in transmission;

(iv) as to the future performance of any Solargreen strategy; or

(v) as to any result or outcome that may be obtained from use of the website.

Any of the information on this website may be changed, updated or removed without prior notice, however Solargreen is under no obligation to update the information and does not represent that it or any other person will do so.

9 No liability for loss or damage

Solargreen (including any of its directors, officers or employees, third party agents and affiliates) will not be liable for any loss or damage of any kind, in whole or in part, howsoever caused, resulting from the use of, reliance upon, failure of or inability to access this website or any linked website, or resulting from the act or omission of any other party involved in making this website or the information on it available to you, whether or not the circumstances giving rise to such loss or damage were within the control of Solargreen knew of the possibility of loss or damage arising.

The Terms and Conditions are not intended to exclude or restrict any duty or liability Solargreen may have under the Irish regulatory system.

10 Indemnity

You agree to indemnify Solargreen and its affiliates against any losses, claims, liabilities, damages, costs and expenses (including reasonable legal fees) arising from or relating to your:

(i) use of this website;

(ii) breach of any of the Terms and Conditions or any representation made by you herein; or

(iii) violation of any applicable law, statute, regulation or any third party’s rights.

This website and access to it can be terminated at any time, with or without notice, and for any reason. Termination of your access and use of the website does not relieve you of any obligations arising prior to such termination, or limit any liability that you otherwise may have to Solargreen

11 Modifications and additional terms and conditions

By accepting the Terms and Conditions, you also agree to be bound by any additional or alternative terms and conditions that apply to individual pages within this website or individual documents that may be downloaded from this website, as specified on those pages or documents. Your continued use of this website shall signify your agreement with and understanding of any additional or modified terms or conditions. If you access a page or document and do not understand, or do not agree to be bound by, any additional or alternative terms and conditions specified, you must cease using that page or document immediately.

Solargreen may change the Terms and Conditions at any time, without further notice to you.

12 Linked websites

This website may provide addresses or hyperlinks which lead you to other websites (“Linked Sites“). We have not reviewed nor do we endorse or recommend any products or services offered or information contained on Linked Sites, and disclaim any liability for their content or any consequences of their use. Any web addresses and hyperlinks in this website are provided solely for convenience and information. Accessing any Linked Sites shall be at your own risk.

You must not link this website to any other website in such a way as to make it possible for a user to bypass the page containing the Terms and Conditions.

13 Internet Communications

In order to maintain the security of its systems, protect its staff and detect fraud and other crimes, Solargreen reserves the right to monitor all internet communications, including web and email traffic, into and out of its domains. Monitoring includes checks for, but not limited to; viruses and other malignant code, criminal activity, and use or content which is unauthorized.

Information on ‘cookies’ is available HERE

13 Copyright and proprietary rights

Unless otherwise specified, this website and its content are owned by Solargreen, and may contain information, text, graphics, video, software, logos, and other materials (“Content“) that are protected by copyright, trademarks, or other proprietary rights. No permission is granted to upload, copy, modify, post, frame, amend or distribute Content in any way without obtaining the prior written permission of Solargreen. All intellectual property rights in any part of the world which subsist in the contents of this website and which belong Solargreen save as expressly granted, hereby reserved.

14 Trade Marks

This website contains numerous registered and unregistered trademarks belonging to Solargreen. These trademarks include, but are not limited to, ‘Solargreen” logo and “Solargreen”. If you are in doubt as to whether an item is a trade mark of Solargreen, please contact us for clarification at the registered office address above.

15 Governing law and jurisdiction

Use of this website shall be governed by and construed in accordance with Irish law and any dispute arising in relation to this website is subject to the jurisdiction of the Irish courts.

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