Please do not use the website if you do not agree with these terms and conditions.
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
2.2 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 libelous, 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 subsidiary’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.
11.1 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.
All notices shall be given by e-mail to us at firstname.lastname@example.org , 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.