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Terms and Conditions of Use

1. PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE. NWHI Limited (hereinafter referred to as the "Company," "we," or "us") provides this web site and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). This Agreement governs the relationship between Company and you, the Site visitor (hereinafter referred to as "you") with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of this Agreement. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SITE.

We reserve the right at any time to:

  • change the terms and conditions of this Agreement;
  • change the Site, including eliminating or discontinuing any functionality, content or feature of or pertaining to the Site; or
  • change any fees or charges for use of the Site.Any changes we make to this Agreement will be effective within thirty (30) days after notice, which we may provide by means including, without limitation, posting on the Site. If you object to any such changes, you must notify us prior to such changes coming into effect, and from the date when the changes take effect you must cease to use the Site. Your continued use of the Site after notice will be deemed acceptance of such changes. BE SURE TO RETURN TO THIS PAGE PERIODICALLY TO ENSURE FAMILIARITY WITH THE MOST CURRENT VERSION OF THIS AGREEMENT. UPON OUR REQUEST, YOU AGREE TO SIGN A NON-ELECTRONIC VERSION OF THIS AGREEMENT.

2. Publicly Available Materials. The information and materials provided through the Site, including without limitation any data, text, information, graphics, images, audio and video clips, logos, icons, links, and other materials (collectively, the "Materials"), are intended to provide you with insight into private equity investment activities. Unless otherwise specified on the Site, you may download Materials displayed on the Site, and may use the downloaded Materials, solely for your internal business needs. You may print a single copy of any textual Material available for download through the Site. You must not remove any copyright or other proprietary notices on downloaded and/or copied Materials, and all such downloads or copies (or parts thereof) are subject to the terms and conditions of this Agreement. Further, the Materials remain the property of Company or its licensors or suppliers. Use or downloading of the Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including any applicable agreements of or with third parties. By acquiring or using the Materials, you agree to such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorised by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Company or, if so indicated in writing by Company, its licensors or suppliers.

3. Registration. The "non-public", password-protected Materials on and areas of the Site are accessible only to registered customers of Company. If you are interested in becoming a registered Company customer, please contact us by telephone at +44 131 220 3400, by fax +44 131 220 3200, or by email at enquiries@nwhi.com for additional information.

4. Prohibited Activities. At all times while using the Site, and otherwise in connection with the Site, you agree not to:

  • restrict or inhibit any other person or entity from using the Site (including, without limitation, by means of hacking or defacing any portion of the Site), or damage, disable, overburden, or impair the Site;
  • attempt to gain access to password protected or other non-public Materials on areas of the Site without prior express authorisation from Company;
  • use the Site for fraudulent, or otherwise unlawful, purposes;
  • express or imply that we endorse any statement you make, without our prior written consent;
  • transmit to or through the Site: (a) anything that may be deemed by us, in our sole and absolute discretion, to be unlawful, fraudulent, threatening, abusive, libellous, defamatory, annoying, harassing, obscene or otherwise objectionable, or infringing upon our or any third party's intellectual property or other rights; (b) any material, non-public information about a company without the proper authorisation to do so; (c) any third-party trade secret; or (d) any advertisement, solicitation, chain letter, pyramid scheme, investment opportunity, or other unsolicited commercial communication;
  • defame, abuse, harass, stalk, threaten, or otherwise violate the rights of third parties;
  • upload to the Site any files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same;
  • engage in spamming or flooding;
  • transmit any software or other material that contains any virus, worm, time bomb, web bug, Trojan horse, cancelbot, "spyware," corrupted file, or other actually or potentially harmful, disruptive, or invasive component;
  • download anything posted by another user of the Site that you know, or reasonably should know, cannot be legally distributed in such manner;
  • modify, adapt, sub-license, translate, sell, or resell the Site (or any portion thereof);
  • reverse engineer, decompile, or disassemble any portion of the Site or any Materials, except as and solely to the extent expressly permitted by applicable law;
  • remove any copyright, trademark, or other proprietary rights notice contained on the Site or any Materials;
  • frame, mirror, or link to any part of the Site or any Materials without our prior written authorisation;
  • use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, reproduce, or circumvent the navigational structure or presentation of the Site or its contents;
  • create a database by systematically downloading and storing all or any part of the Site; or
  • harvest or collect information about visitors or other users of the Site.

While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.

5. Links. The Site contains links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by Company. Company has not reviewed all of the web sites that are linked to the Site, and Company has no control over such web sites. Unless otherwise expressly stated, Company is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy, data collection, or other practices of such sites, and the fact that Company offers these links does not indicate any approval or endorsement of any material contained on or practices of any linked site. Company is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of use, privacy policies, data and collection and other and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, Trojan horses, defects, date bombs, time bombs and other potentially harmful, destructive, or invasive components.

6. Accuracy of Materials. Although Company strives to provide Materials that are both useful and accurate, data, information advice, and news, change frequently and are subject to varying interpretations and modifications. Accordingly, although Company uses its reasonable endeavours in assembling the Materials, Company does not and cannot represent, warrant, covenant, or otherwise guarantee that any Materials are up-to-date, accurate, complete, or fit for a suitable purpose, and Company expressly disclaims any liability with respect to the foregoing. In addition, many of the Materials have been contributed to the Site by third party industry specialists, service providers, and news services. The inclusion of such information does not indicate any approval or endorsement of such third parties, and Company expressly disclaims any liability with respect thereto. Finally, Company does not warrant or represent that your use of any Materials will not violate any laws, rules or regulations, or infringe the rights of third parties.

It is intended that the Materials will be helpful as background reference, but they should not be construed as information is substitute for any legal, accounting, investment, or other professional advice. COMPANY HAS NOT, IS NOT, NOR IS INTENDING TO BE, ENGAGED IN RENDERING LEGAL, ACCOUNTING, INVESTMENT, OR OTHER PROFESSIONAL SERVICES, AND AVAILABILITY OR USE OF THE MATERIALS IS NOT INTENDED TO CREATE, AND DOES NOT CREATE, ANY ATTORNEY-CLIENT, ACCOUNTANT-CLIENT, OR OTHER PROFESSIONAL SERVICES OR FIDUCIARY RELATIONSHIP. USE OF THE MATERIALS IS NOT AN ADEQUATE SUBSTITUTE FOR PROFESSIONAL ADVICE FROM A LICENSED PROVIDER IN YOUR JURISDICTION.

7. Ownership and Restrictions on Use. The Site is owned and operated by Company in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Company and its licensors and suppliers, as applicable. The Materials, and the selection, compilation, collection, arrangement and assembly thereof, are protected by U.K. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written consent. The Materials may be used solely to the extent necessary for your authorised use of the Site, as provided in this Agreement or as expressly authorised in writing by Company or, if so indicated in writing by Company, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose than expressly permitted herein is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials. The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Company, Company's licensors and suppliers, and others. The Trademarks owned by Company, whether registered or unregistered, may not be used in connection with any product or service that is not Company's, in any manner that is likely to cause customer confusion, or in any manner that disparages Company. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Company, Company's licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Company reserves the right to aggressively enforce its intellectual property rights in such Trademarks.

8. Claims of Copyright Infringement. Although Company uses its reasonable endeavours in ensuring that the Materials do not infringe the rights of third parties, because of the large quantity of Materials made available through the Site—many of which have been obtained by Company through license agreements with third parties such as industry specialists and news services—Company: (a) does not represent, warrant, covenant, or guarantee that the Materials or your use thereof will not violate any laws, rules or regulations, or infringe the rights of third parties, and (b) expressly disclaims and excludes any liability with respect thereto. If a situation arises in which you feel that the inclusion of certain Materials on the Site violates your copyright or other proprietary rights in such Materials, please contact us at support@nwhi.com with a detailed description of the Materials at issue and the location (URL) where such Materials can be found on the Site, as well as information sufficient to enable us to contact you. We will use our reasonable endeavours to address your concerns as soon as practicable.

9. Jurisdictional Issues. This Site is intended for use within the United Kingdom. Those who choose to access the Site from locations outside of the United Kingdom do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.We reserve the right to limit the availability of the Site and/or the provision of any Materials or other Materials, services, and products described thereon, and/or the quantities thereof, to any person, geographic area or jurisdiction, at any time and in our sole discretion.

10. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. We may provide notice by means including, without limitation, posting on the Site. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.

11. Disclaimers. THE SITE, THE MATERIALS, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND SATISFACTORY QUALITY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR ANY MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED, OR ANY MATERIALS ARE FREE OF VIRUSES, WORMS, TIME BOMBS, WEB BUGS, TROJAN HORSES, CORRUPTED FILES, OR OTHER POTENTIALLY DISRUPTIVE, HARMFUL, OR INVASIVE COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT AND SERVICES NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND ANY RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF COMPANY OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, VISITORS, OR REGISTERED USERS. WHETHER MADE ON THE SITE, OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. Note, however, that if you are a deemed to be dealing as a Consumer (as defined under applicable Consumer Protection legislation) for the purposes of this Agreement, your statutory rights are not affected. (If you are in doubt as to whether or not you are deemed to be dealing as a Consumer, we suggest you seek independent legal advice. )A possibility exists that the Materials could include inaccuracies or errors, or information or materials that violate these Terms and Conditions (specifically, the Prohibited Activities set forth above). Additionally, a possibility exists that unauthorised alterations could be made by third parties to the Site or Materials. Although we attempt to ensure the integrity of the Site and Materials, we make no guarantees as to their completeness or correctness. In the event that a situation arises in which the Site's or any Materials completeness or correctness is in question, please contact us at support@nwhi.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will use our reasonable endeavours to address your concerns as soon as practicable.

12. Limitation of Liability. NEITHER COMPANY NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS, ANY LINKED WEB SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE MAXIMUM LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING IN CONNECTION WITH THIS AGREEMENT OR USE OF THE SITE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.Without limiting the foregoing, Company expressly excludes any liability for any of the following: (a) fraud by any user of the Site or any other third party; (b) any misrepresentation by any user of the Site or other third party (whether innocent or fraudulent) made in respect of the Site; (c) any failure by Company to ensure that it does not breach any copyright or other intellectual property right of any third party; (d) any link on the Site to any other web site or part of the Internet; and (e) loss or damage caused by delay, errors in, or downtime of the Site (or the servers hosting the Site), or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even if Company has been advised of the possibility of such loss or damage; provided that nothing in this Agreement is intended to limit or exclude any liability on the part of Company where and to the extent that applicable law prohibits such exclusion or limitation. In particular, if you are a consumer, your statutory rights are not affected. Nothing in this Agreement limits Company's liability for death or personal injury resulting from Company's gross negligence or wilful misconduct.

13. Indemnification. You agree to indemnify, defend and hold Company, our affiliates, licensors, suppliers, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from: (a) your use of or other activities in connection with the Site and/or any Materials; (b) the operation of your business; and/or (c) your breach of this Agreement.

14. Privacy. In order to use certain parts of the Site, you may be asked to supply personal data, which may include, without limitation, your name, email address, and/or other personally identifying information. Our policy with respect to the collection and use of your personal data is set forth in the Company's Privacy Policy (the "Privacy Policy"). By using the Site, you agree to be bound by, and consent to our use of your personal data in accordance with, the Privacy Policy.

15. Questions. The Site is provided by NWHI Limited, whose registered office is located at 13 Breadalbane Street, Edinburgh, EH6 5JJ. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at the foregoing address, or by email at support@nwhi.com.

16. Miscellaneous. The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with the laws of England and Wales and the parties hereby agree to submit to the non-exclusive jurisdiction of the English courts. Clauses 1, 2, 4, 7, 8, 9, 10, 11, 12 and 13, and this Clause 16, shall survive the expiration or termination of this Agreement for any reason. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or other arrangements between us with respect to such subject matter. Company shall be entitled to assign, transfer or subcontract any or all of its rights, benefits or obligations under this Agreement. You may not, without the written consent of Company, assign or dispose of any or all of your rights, benefits, or obligations under this Agreement. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or clause title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any clause or provision hereof.

  
privacy policy NWHI Ltd is regulated by the Institute of Chartered Accountants in England and Wales for a range of of investment business activities