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TERMS AND CONDITIONS 1. Introduction This web site ("Site") is maintained by Pi Capital (Holdings) Limited, Private Investor Capital Limited (which trades as Pi Capital), and/or their affiliates (jointly and severally "PICL", "us", "our" or "we") of 49 St. James's Street, London, SW1A 1JT. PICL may be contacted by sending an e-mail to contact@picapital.co.uk. Access to and use of this Site is subject always to the following terms and conditions. By using this Site you accept these terms and conditions. If you do not wish to be bound by these terms and conditions then you are not permitted to use the Site for any purpose. PICL reserves the right to change these terms and conditions at any time by posting the changes on the Site. It is your responsibility to review these terms and conditions regularly to keep up to date with any changes to them. By accessing or using the Site you agree to be legally bound by these terms and conditions as they may be modified and posted from time to time. You agree that PICL or any of its affiliates may sub-contract the performance of any of its obligations or rights without giving you notice. If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, you agree that the other provisions of these conditions will remain in full force and effect in so far as possible. You may not access this site from outside the UK. 2. Regulation Private Investor Capital Limited is authorised and regulated by
the Financial Services Authority ("FSA") and is registered on the FSA's Register (www.fsa.gov.uk/register) with the
number 185688. 3. Disclaimer The information on this Site is directed exclusively at owners and managers of companies incorporated in the UK who may be seeking sources of potential financing, financial institutions in the UK seeking a potential partner for investment in UK companies and potential investors in such companies. As such any use of the Site by users outside the UK is at their sole risk and such users should make sure they do not contravene local financial regulations, or UK financial regulations. By using the Site you confirm that you are located within the UK and that you are permitted by law to use the Site. Any information contained on this site which relates to an unregulated collective investment relates solely to persons who are either (a) a "professional client" or "eligible counterparty" (as defined by the rules of the FSA) and is an individual in respect of whom PICL has taken reasonable steps to establish is a category 7 person as defined in chapter 4 of the FSA's Conduct of Business Sourcebook ("COBS 4"); or (b) a retail client (as defined by the rules of the FSA) and is an individual in respect of whom PICL has taken reasonable steps to establish is a category 8 person as defined in chapter 4 of COBS 4, and to whom accordingly this promotion may lawfully be made in accordance with COBS 4 ("Eligible Recipients"). PICL has systems in place to ensure that an enquiry from a person who is not an "Eligible Recipient" will be declined. Funds and investments referred to on this site are only available to members of PICL. There may be no recognised market for dealing in investments or funds and therefore it may be difficult for an investor to sell an interest in the investment or fund or to obtain reliable information as to their value or the extent of the risks to which they are exposed. Information on past performance, where given, is not necessarily a guide to future performance. The value of investments and funds may rise or fall. The information on the Site is provided "as is" without warranty of any kind and PICL shall not be liable for any loss or damage caused by your reliance on such information. It is your responsibility to ensure you comply with all relevant laws or regulations and for obtaining your own legal, tax and financial advice before entering into any dealings with PICL. PICL maintains the right to change or delete any information on this Site without prior notice. PICL does not guarantee that material on the Site will be continuously available or error-free, free from infection, viruses, worms, Trojan horses and/or other codes that have contaminating or destructive properties. It is your responsibility to take protective steps such as virus checking. While we attempt to ensure the accuracy and timeliness of all material posted on the Site, we take no responsibility for errors or omissions which are the result of technical causes, or otherwise. Where information on this Site has been obtained from outside sources, it is believed to be reliable but is not represented to be accurate or complete. We do not make any representation that the information or materials on this Site are appropriate in all locations, or that any investments or services which are referred to on this Site are available to everyone, or at all. Information contained on the site is not tailored for individual use and as a result the investments or services referred to on this Site may not be suitable for everyone. If you have any doubts as to suitability, you should seek advice from an investment adviser. 4. Limitation of Liability and Disclaimer To the fullest extent permissible by law, PICL assumes no responsibility or liability for the publishing of or the contents of any information on this Site. PICL shall not be liable for data transmission errors such as data loss or damage or alterations of any kind. None of the statements on the Site excludes or restricts any duty or liability that PICL has under the Financial Services Authority rules or the Financial Services and Markets Act 2000. PICL will not be liable to you (whether for any breach of these terms and conditions or otherwise) which arises because of any circumstances which PICL cannot reasonably be expected to control. PICL does not, and nothing in these terms and conditions shall act to, exclude or limit PICL's liability for death or personal injury resulting from its negligence, fraud or any other liability which may not by applicable law be excluded or limited BUT, subject to that, in no event shall PICL be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising. The use of the Site is at your sole risk and, except as expressly set out in these terms, PICL does not enter into conditions, warranties or other terms in relation to the Site (including any implied term relating to quality or fitness for reasonable purpose. The obtaining of any material through the Site is carried out at your own risk and PICL has no liability to you in respect of such material or its effects, nor is PICL liable for any action you may take as a result of relying on any information provided in this Site. 5. Business Plans We will use any business plans and related materials provided to us in hard or soft copy either directly or by post or otherwise by you ("Business Plan Documents") for any reasonable purpose, including to review investment opportunities you bring to our attention for the purpose of PICL seeking to fund or seeking to arrange to fund, to give advice or for any other reason. By providing information, ideas and plans to PICL you accept that we have the right to disclose such information, ideas and plans including but not limited to Business Plan Documents to all and any of our members, as we see fit, to our professional advisers and to any further persons we deem necessary for the purpose referred to above (but only in compliance with section 9 - Privacy Policy). Whilst we do not obtain title to any intellectual property rights in any of the Business Plan Documents, you agree to grant PICL a worldwide, unlimited, non-exclusive perpetual, royalty-free license to use the Business Plan Documents and all intellectual property rights that exist therein as PICL sees fit, including, but not limited to, the making of copies (including electronic copies) of the Business Plan Documents, and the distribution of such copies by any means and in any media, as PICL see fit. We will comply with section 9 (privacy policy). We will keep Business Documents for up to three (3) years, and thereafter, unless there is a specific reasonable purpose such as, but not limited to, retention in connection with a completed investment relating to those Business Plan Documents or some other dealing associated with the opportunity outlined in those Business Plan Documents, they will be destroyed. You warrant and represent that you are entitled to supply us with the Business Plan Documents and to license us in accordance with this Section 5 (Business Plans), and that your doing so, or our use of the Business Plan Documents in accordance with the license, does not and will not infringe any third party intellectual property rights or breach any contract or undertaking. We will not, in relation to any Business Plan Document, be obliged to pay you any royalty, commission, profit share or other payment unless we agree to do so in writing with you. Should we, or one of our investor partners or members, decide to pursue the subject matter of your Business Plan Documents we or they may enter into a formal agreement with you covering, amongst other issues, confidentiality. Pending that no such agreement will come into place save as expressly stated in these terms and conditions. 6. Permitted activities This Site is intended for use by you for information purposes only. You may not use the Site for any other purpose including but not limited to any purposes which may infringe the intellectual property rights of PICL and/or a third party or for any unlawful purposes. 7. Links to other web sites Where this Site contains links to other websites and information on the Internet you acknowledge, by your use of the Site, that PICL can accept no responsibility for the content of these external sites or for anything provided by them and should you choose to use them then you do so at your own risk. 8. Intellectual Property Rights Without prejudice to section 5 (Business Plans), the intellectual property rights in all material presented on this Site (including text, photographs and other images, trade marks and logos), unless specifically indicated otherwise, are owned by (or licensed to) PICL and must not be reproduced in any medium without a written license from us save as expressly provided in these terms and conditions or in writing on the Site (save for transient copies made by your Internet browser as part of your accessing the Site). 9. Privacy Policy PICL has policies in place to protect the privacy of individuals and comply with current UK Data Protection laws and regulations in respect of personal data. PICL will only use your personal data (as defined in the Data Protection Act 1998) which you supply to us (the "Personal Data") in the normal course of its business. Disclosure to third parties: PICL will not disclose the Personal Data to third parties, except to our professional advisers bound by obligations of confidentiality (written or otherwise), where you have given your consent or where PICL has a legal obligation to do so. Uses of personal data: PICL may use the Personal Data to inform you of relevant opportunities, developments and events, unless you let PICL know in writing that you do not wish it to do so. Security: PICL will take reasonable steps to protect the confidentiality and security of the Personal Data. Accuracy: You warrant to PICL that the Personal Data you supply is accurate and up to date. PICL will take all reasonable steps to keep your personal information accurate and, where necessary, up to date in line with updates received from you. Retention of data: PICL will retain the Personal Data only for the duration of the purpose for which it was obtained (and in the case of Business Plan Documents for any period described in section 5 above) save that PICL may need to continue to hold some details about individuals connected with you for longer for legal and/or regulatory purposes. Your rights: If you have any questions about your Personal Data please contact PICL on contact@picapital.co.uk. 10. Third Party Rights None of these terms and conditions will be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any person not a party to these terms and conditions. 11. Jurisdiction and governing law These terms and conditions shall be governed by and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts. Users of this Site from outside of the UK are directed to section 3 (Disclaimer) where it expressly forbids use of this Site from outside of the UK. |