Portal Terms of Use
1. These Terms of Use
2. Who we are
3. Access to the Portal
4. Permitted use of the Portal
5. Prohibited use of the Portal
6. Intellectual property rights
7. Content
8. Our liability
9. Third party content and links available on this Portal
10.General and governing law
1. These Terms of Use
1.1 Thank you for visiting (http://reporting.acenden.com)
(the "Portal"). These are the Terms of Use for the Portal.
1.2 We may change the format and content of these Terms of Use from time to time
by changing them on the Portal. You should check these Terms of Use from time to
time and each time you revisit the Portal. By continuing to use the Portal, you
accept any changes to these Terms of Use and agree to be bound by them. We advise
that you print a copy of these Terms of Use and read them carefully.
1.3 These Terms of Use were last updated on 21 December 2011.
2. Who we are
2.1 The Portal is owned and operated by Acenden Limited ("we", "our" or "us"), a
limited company registered in England and Wales with a registered office at Ascot House,
Maidenhead Office Park, Maidenhead SL6 3QQ and its registered number is 05381786. Our VAT registration
number is 207 8089 96
2.2 We are authorised and regulated by the Financial Conduct Authority (FCA Register No.
438372). We are an associate member of the Council of Mortgage Lenders
3. Access to the Portal
It is your responsibility to ensure your computer system meets all the necessary
technical specifications to enable you to access and use the Portal and is compatible
with the Portal.
4. Permitted use of the Portal
4.1 The Portal enables you to view certain Reports (as defined in the
Disclaimer This is in order to allow investors and other interested parties
to receive financial performance information for the investments detailed in the
Portal.
4.2 You may only use the Portal for your internal business purposes and only in
accordance with these Terms of Use and the Disclaimer.
You must not use the Portal for any other purposes without our permission.
4.3 You may retrieve and display content from the Portal on a computer screen, print
and copy individual pages and, subject to the next section, store such pages in
electronic form. Additional terms may also apply to certain features, parts or content
of the Portal and, where they apply, will be displayed before you access the relevant
features, parts or content.
5. Prohibited use of the Portal
5.1 Except to the extent expressly set out in these Terms of Use and/or the
Disclaimer you may not:
5.1.1 store pages of the Portal on a server or other storage device connected to
a network or create an electronic database by systematically downloading and storing
any or all of the webpages of the Portal; or
5.1.2 remove or change any content of the Portal or attempt to circumvent security
or interfere with the proper working of the Portal or the servers on which it is
hosted; or
5.1.3 create links to the Portal from any other website, without prior written consent
from us.
5.2 You must only use the Portal and anything available from the Portal for lawful
purposes (complying with all applicable laws and regulations), in a responsible
manner, and not in a way that might damage our name or reputation or that of any
of our affiliates.
5.3 All rights granted to you under these Terms of Use will terminate immediately
in the event that you are in breach of any of them.
6. Intellectual property rights
All intellectual property rights in any content of the Portal (including but not
limited to, text, graphics, software, photographs and other images, videos, sound,
trade marks and logos) are owned by us or our licensors. Except as expressly set
out here, nothing in these Terms of Use gives you any rights in respect of any intellectual
property owned by us or our licensors and you acknowledge that you do not acquire
any ownership rights by accessing, downloading or otherwise using in any way any
content from the Portal. If you print, copy or store pages from the Portal (which
you may only do as permitted by these Terms of Use), you must ensure that any copyright,
trade mark or other intellectual property right notices contained in the original
content are reproduced in full.
7. Content
7.1 We may change the format and content of the Portal from time to time. You agree
that your use of the Portal is on an 'as is' and 'as available' basis and at your
sole risk.
7.2 Whilst we try to make sure that all information contained on the Portal is correct,
it is not intended to amount to authority or advice on which reliance should be
placed. Nothing on the Portal amounts to advice or promotion in relation to any
financial service or product.
7.3 All content on the Portal does not constitute advice. We neither make nor give
any representation or warranty as to the accuracy, completeness, currency, correctness,
reliability, integrity, quality, fitness for purpose or originality of any content
of the Portal and, to the fullest extent permitted by law, all implied warranties,
conditions or other terms of any kind are hereby excluded. To the fullest extent
permitted by law, we accept no liability for any loss or damage of any kind incurred
as a result of you or anyone else using the Portal or relying on any of its content.
If you want to rely on any information provided on the Portal, you should check
its currency and accuracy directly with us, before placing any reliance on it.
7.4 We cannot and do not guarantee that any content of the Portal will be free from
viruses and/or other code that may have contaminating or destructive elements. It
is your responsibility to implement appropriate IT security safeguards (including
anti-virus and other security checks) to satisfy your particular requirements as
to the safety and reliability of content.
8. Our liability
8.1 We are not responsible if you cannot access the Portal properly or at all and
we cannot guarantee that the Portal will be error-free or will work all the time.
We cannot guarantee the continuous, uninterrupted or operability of the Portal.
There may be times when certain features, parts or content of the Portal, or the
entire Portal, become unavailable (whether on a scheduled or unscheduled basis)
or are modified, suspended or withdrawn by us, in our sole discretion, without notice
to you. You agree that we will not be liable to you or to any third party for any
unavailability, modification, suspension or withdrawal of the Portal, or any features,
parts or content of the Portal.
8.2 Nothing in these Terms of Use shall limit or exclude our liability to you for
death or personal injury caused by our negligence or for fraudulent misrepresentation
or any other liability that may not, under English law, be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses,
loss of profits, revenue, contracts, data, goodwill and/or for any indirect or consequential
losses.
8.3 The Reports on this site are intended for use by existing investors or related
parties for information purposes only and their availability here is not and should
not be cited or relied on as (a) an invitation or inducement to engage in investment
activity for the purposes of section 21 of the Financial Services and Markets Act
2000 ("FSMA") or (b) an offer of transferable securities to the public for the purposes
of section 85 FSMA. The Reports do not constitute official confirmations or valuations
of any transaction or official statements of Acenden Limited.
8.4 You agree to indemnify us for all direct and indirect losses we incur as a result
of your use of this Portal otherwise than in accordance with these Terms of Use.
9. Third party content and links available on this Site
9.1 We are not liable or responsible for the third party content on the Portal.
Third party content includes (but is not limited to) for example, the content of
advertisements.
9.2 The Portal may, from time to time, include links to external websites. We have
included links to these websites, which are operated by third parties, for your
information only and you access them at your own risk. We are not liable or responsible
for the content of these third party websites and do not guarantee that they will
be continuously available. The fact that we include links to such external websites
does not imply any endorsement of or association with their operators.
10. General and governing law
10.1 If any part or provision of these Terms of Use is found to be ineffective or
unenforceable, this shall not affect the validity of any other part or provision
of these Terms of Use or the Terms of Use as a whole.
10.2 These Terms of Use shall be governed by English law, and you agree that any
dispute regarding the Portal will only be dealt with by the English courts. Nothing
shall prevent us from bringing proceedings to protect our intellectual property
rights before any competent court.
