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Endurance Land Web Site Terms and Conditions
Please do not use the
website if you do not agree with these terms and conditions.
1 Introduction
1.1 Please read
these Website Terms and Conditions carefully before using the enduranceland.com
website ("Website") which is operated by Endurance Land 17 Savile Row Mayfair
LONDON W1S 3PN, (Company Number: 5131641 ) (VAT No: 887 8917 36 )
("EL"/"we"/"us"). By accessing or using the Website you agree to be legally
bound by these Website Terms and Conditions as they may be modified and posted
from time to time.
1.2 Without prejudice to the above, by using the Website, you accept and agree
to these Website Terms and Conditions of use as they apply to your use of the
Website. Please note that additional terms and conditions apply to the use of,
or access to, certain sections of the Website.
2 Information you
provide to us
2.1 All data and
information relating to you collected by or submitted via the Website is subject
to our Privacy Policy (see below).
2.2 In addition, the following also applies to all messages, e-mails, postings,
ideas, suggestions, concepts or other material submitted by you to us
("Content"):
you must own or
have the right to submit the Content to us and all Content submitted by you must
be accurate, complete, legal, honest, decent and truthful and comply with all
applicable laws, regulations, standards or codes of practice; and
you must ensure that all Content submitted to us does not infringe copyright,
design, privacy, publicity, data protection, trade mark or any other rights of
any third party, nor be obscene, abusive, threatening, libellous or defamatory
of any person; and
we have the right to monitor Content and we reserve the right to block incoming
e-mails and other Content if we believe that their content is or may be
inappropriate or otherwise does not comply with the above.
2.3 You have sole responsibility for the Content which you submit to us and you
shall indemnify and shall keep us fully and effectively indemnified on demand
from and against all actions, claims, losses, liability, proceedings, damages,
costs, expenses, loss of business, loss of profits, business interruption and
other pecuniary or consequential loss (including legal costs and expenses)
suffered or incurred by us and arising directly or indirectly out of the
submission of Content by you to us.
2.4 You warrant and undertake that you will not use the Website for any purpose
that is illegal or prohibited by these terms and conditions, including without
limitation the posting or transmitting of any libellous, defamatory;
inflammatory or obscene material. If you breach these terms and conditions then
your permission to use this Website terminates immediately without the necessity
of any notice being given to you. We retain the right to deny access to any
person who fails to comply with these terms and conditions.
3 Modifications
and alterations to the Website
3.1 We reserve the
right to make changes or corrections, alter, suspend or discontinue any aspect
of the Website, the content or services or products available through it,
including your access to it. Unless explicitly stated to the contrary, any new
features including new content, our provision of new products or services, or
resources shall be subject to these terms and conditions.
3.2 Please note that the Website may contain typographical errors or other
inaccuracies.
4 CLOUT, HUT and
PREF; Regulatory warning notice
4.1 The types of
investments referred to in this website are collective investment schemes as
defined in the United Kingdom Financial Services and Markets Act 2000 ("FSMA").
These types of investment have not been authorised, or otherwise recognised or
approved, by the Financial Services Authority and, as an unregulated scheme,
they cannot be promoted in the United Kingdom to the general public. Therefore,
communications relating to these types of investment (including this website)
can be issued in the United Kingdom only to restricted categories of recipients,
namely to persons falling within the definition of "investment professional" in
Article 19 of the Financial Services and Markets Act 2000 (Financial Promotion)
Order 2005 (the "Promotion Offer"), to persons falling within the definition of
"high net worth companies, unincorporated associations etc." in Article 49 of
the Promotion Order and any other person to whom it may otherwise lawfully be
made in accordance with the Promotion Order. Units are only available to such
categories of person and no other person should rely on the contents of this
website in relation to these types of investment. Transmission of such
information to any other person in the United Kingdom is unauthorised and may
contravene section 21 of the FSMA.
4.2 In making an investment decision, prospective investors must rely on their
own investigations and evaluations of the investments and investment services to
which this website relates ("Investments"), including the merits and risks
involved. Each prospective investor should consult its own advisers with respect
to the legal, tax, regulatory, financial and accounting consequences of its
investment in the Investments and prospective investors should not treat the
contents of the website as advice in relation to such matters.
4.3 In no circumstances will Endurance Land Limited (our wholly owned
subsidary’s of Endurance Land), its associated companies or their respective
directors, employees or advisers be responsible for any costs or expenses
incurred by any investor or prospective investor in connection with any
investigation or evaluation of the Investments.
4.4 The offer and sale of the Investments in certain jurisdictions may be
restricted by law. This website does not constitute an offer to sell or the
solicitation of an offer to buy any Investments, nor shall any Investments be
offered or sold to any person, in any jurisdiction in which such offer or sale
would be unlawful under the securities laws of such jurisdiction. Any
prospective investor wishing to subscribe for the Investments should satisfy
itself as to the observance of the laws of any relevant jurisdiction, including
the obtaining of any requisite governmental or other consents and the observing
of any other formalities.
5 Audited
Financial Statements
5.1 Financial
information and analysis elsewhere other than audited financial statements on
the Website has not been audited or reviewed by our auditors.
5.2 The Website should not be construed as the giving of advice or the making of
a recommendation and should not be relied on as the basis for any decision or
action. In particular, actual results and developments may be materially
different from any forecast, opinion or expectation expressed on this Website
and the past performance of the price of securities must not be relied on as a
guide to their future performance.
5.3 Nothing on this Website constitutes an invitation or offer to invest or deal
in the shares of Endurance Land and its subsidiary companies.
6 Applicability of
Online Materials
6.1 Unless
otherwise specified all content and materials published on the Website are
presented solely for your private, personal and non-commercial use. Whilst we
have taken all reasonable care to ensure that the information and material
contained on the Website is accurate at the time of last revision, no
representation or warranty, express or implied, is made as to its accuracy,
completeness or that it remains up to date.
6.2 The Website is controlled and operated by us from our offices in England. We
make no representations that the materials on the Website are appropriate or
available for use in other locations. Those who visit the Website from other
locations do so on their own initiative and are responsible for compliance with
all applicable laws. If use of this Website and/or viewing of it, or use of any
material or content on the Website or services, or products offered through the
Website are contrary to or infringe any applicable law in your jurisdiction(s),
you are not authorised to view or use the Website and you must exit immediately.
6.3 Where content published on the Website is supplied by or quotes the source
of specific content from third parties, you understand that we do not control or
endorse their content in any way. All such content which is offered by third
parties that are not affiliated with or otherwise connected with us, is
published in good faith but we do not in any circumstances accept responsibility
for the accuracy or otherwise of such content published (on or off-line) and the
use of such content.
6.4 You acknowledge and agree that any information on this Website (including
without limitation, information obtained from any third party) is not
comprehensive and is not to be construed as advice and that you should always
seek your own expert advice. The information on this Website should not be
relied upon in substitution for appropriate professional expert advice and you
acknowledge and agree not to use this information as the basis for making
decisions including (without limitation, deciding not to act) without
appropriate professional expert advice.
7 Limitation of
Liability
7.1 All content,
materials and information on the Website are provided on an "as is" basis and
you assume total responsibility and risk for your use of the Website and use of
all information contained within it.
7.2 We accept no liability for any inaccuracies or typographical errors in or
omissions from this Website and liability for any loss or damage howsoever
caused arising directly or indirectly from the use of the information or
material contained on, or services offered by, this Website is expressly
excluded to the fullest extent permitted by law.
7.3 To the fullest extent permitted by applicable law, we accept no liability
for any loss or damage of any nature whatsoever and howsoever arising out of or
in connection with the viewing, use or performance of the Website or its
contents whether due to inaccuracy, error, omission or any other cause and
whether on the part of EL or our servants, agents or any other person or entity.
7.4 If we are liable to you for any reason (other than death, personal injury
resulting from our negligence or fraudulent misrepresentation), our liability
will be limited to £50.
7.5 Notwithstanding any other provision of these terms and conditions, we do not
attempt to exclude or limit our liability for death or personal injury resulting
from our negligence or fraudulent misrepresentation in any way.
7.6 You are responsible for ensuring that your computer system meets all
relevant technical specifications necessary to use the Website and is compatible
with the Website. You also understand that we cannot and do not guarantee or
warrant that any material available for downloading from the Website will be
free from infection, viruses and/or other code that has contaminating or
destructive properties. You are responsible for taking sufficient precautions
and virus checks (including anti-virus and other security checks) to satisfy
your particular requirements for the accuracy of data input and output.
8 Intellectual
Property Rights and Restrictions on Use
The contents of the
Website are protected by international copyright laws and other intellectual
property rights. The owner of these rights is EL, its affiliates, or other third
party licensors. All product and company names and logos mentioned in the
Website may be the trade marks, service marks or trading names of their
respective owners, including EL. You may print individual pages of content on
paper (but not photocopy them) only for the purposes of making use of our
service but otherwise you may not modify, copy, reproduce, republish, upload,
post, transmit or distribute, by any means or in any manner, any material or
information on or downloaded from the Website including but not limited to text,
graphics, video, messages, code and/or software without our prior written
consent except in order to complete any survey or questionnaire.
9 Linked Sites
We make no
representations whatsoever about any other websites which you may access through
the Website or which may link to the Website. When you access any other website
you understand that it is independent from
www.enduranceland.com and that we have no control over the content or
availability of that website. In addition, a link to any other site does not
mean that we endorse or accept any responsibility for the content, or the use
of, such a website and shall not be liable for any loss or damage caused or
alleged to be caused by or in connection with use of or reliance on any content,
goods or services available on or through any other web or resource. Any
concerns regarding any external link should be directed to its respective site
administrator or web master.
10 Availability of
the Website
We will try to make
the Website available but cannot guarantee that the Website will operate
continuously or without interruptions or be error free. You must not attempt to
interfere with the proper working of the Website and, in particular, you must
not attempt to circumvent security, tamper with, hack into, or otherwise disrupt
any computer system, server, Website, router or any other Internet connected
device.
11 General
11.1 We may assign
or subcontract any or all of our rights and obligations under these terms and
conditions.
11.2 We may alter these terms and conditions from time to time and post the new
version on the Website, following which all use of the Website will be governed
by that version.
11.3 If any provision or term of these Website Terms and Conditions shall become
or be declared illegal, invalid or unenforceable for any reason whatsoever, such
term or provision shall be divisible from them and shall be deemed to be deleted
from them.
11.4 Any failure or delay by us enforcing an obligation or exercising a right,
under these Website Terms and Conditions, does not amount to a waiver of that
obligation or right or any other obligation or right.
11.5 You acknowledge that you have not entered into these Website Terms and
Conditions in reliance on any statement or representation, except in so far as
the representation has been incorporated into these Website Terms and
Conditions. You irrevocably and unconditionally waive any right you may have to
claim damages and/or to rescind these Website Terms and Conditions by reason of
any misrepresentation (other than a fraudulent misrepresentation) not contained
in these Website Terms and Conditions.
11.6 These Website Terms and Conditions and your use of the Website are governed
by English law and you agree to submit to the non-exclusive jurisdiction of the
English court.
12 Notices
All notices shall
be given by e-mail to us at
info@enduranceland.com , or to you at either the e-mail or postal address
you provide to us. A notice will be deemed received 24 hours after an e-mail is
sent or 3 days after the date of posting.
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