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Regulatory, Legal & Privacy Matters

The purpose of this website is to give potential clients a better understanding of how Demica might be able to help them and is not intended to provide advice on the suitability of Demica’s products or services to a visitor’s business.

TERMS OF USE & DISCLAIMER

References to “you” or “your” are references to any person accessing this website, including any legal entity on whose behalf an individual has accessed this website.

This website (with its homepage at https://www.demica.com) is a website operated by Demica Limited, registered in England with company number 02492599, and Demica Finance Limited, registered in England with company number 09760816, each with registered address at Bow Bells House, 1 Bread Street, London, EC4M 9BE, United Kingdom (together, “Demica”).

Demica Finance Limited is authorised and regulated by the Financial Conduct Authority, with reference number 728209. Demica Finance Limited is an advisor/arranger CAD-exempt firm. It does not hold client money or assets. Regulated products and services are provided by Demica Finance Limited and are for eligible counterparties and professional clients only.

Each time you use this website, a condition of use is that you comply with these terms of use. Demica may revise these terms of use at any time, without notice, by amending this page. You are expected to check this page from time to time to take notice of any changes Demica makes, as they are binding on you. These terms of use set out the terms on which you may access and make use of this website, and they apply to every page of this website, whether or not these terms of use appear on each individual page. Please read these terms of use carefully before you start to use this website. By using this website, you have indicated that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using this website. Demica’s products and services may be subject to separate terms and conditions which shall govern their provision and use.

The information and material included on this website are provided for general information purposes only and shall not be construed as (i) financial, legal, tax, regulatory or other professional advice, (ii) an offer, invitation to offer, or a solicitation or recommendation to invest in any products or services mentioned herein or to engage in any other transaction, or (iii) Demica acting in any fiduciary capacity with respect to any such products or services (unless otherwise expressly set out in a written agreement signed by you and Demica). The financial outcome of any particular product or service may depend on a variety of factors including, but not limited to, investor interest, grade of potential investor market, selling restrictions in target jurisdictions, market fluctuations, tax considerations, legal documentation and the particular features of underlying assets. You alone shall be responsible for making your own independent investigation and appraisal of the risks, benefits and suitability of any products or services viewed on the website and, to the maximum extent permitted by law, Demica shall incur no responsibility or liability whatsoever to you in respect thereof. You should take steps to ensure that you understand any products or services you are interested in and make an independent assessment of the appropriateness of such products and services in light of your own objectives and circumstances including, but not limited to, possible risks, implications and benefits of entering into such products or services and seeking relevant advice in any applicable jurisdiction. Opinions expressed on this website are subject to change at any time.

You must NOT use this website: (i) for any unlawful, improper or illegal purpose or activity; (ii) to violate Demica’s or any third party’s copyright, trademark, proprietary or other intellectual property rights; (iii) to damage Demica’s or any third parties’ name or reputation; (iv) to penetrate or attempt to penetrate Demica’s security measures or third parties’ systems (i.e. ‘hacking’); or (v) to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this website or any third parties’ systems or website and it is your responsibility to ensure that whatever you download or select for your use from this website or any third-party site (as defined below) is free from such items. Demica may, in its sole discretion, terminate your use of or access to this website for any reason including, without limitation, for your non-compliance with these terms, in the sole opinion of Demica.

The information on this website is communicated by Demica both inside and outside the United Kingdom and is directed only at persons or entities in countries where such access and use of information contained herein are not contrary to local law or regulation. When using this website, you must comply with all applicable local, national and international laws and regulations, including those related to data privacy, international communications and exportation of technical or personal data. It may be illegal to download the information contained on this website or any third-party site in certain countries and Demica disclaims all responsibility if you download any information from this website or any third-party site in breach of any law or regulation of the country in which you reside.

Demica reserves the right to modify, suspend or discontinue this website, in whole or in part, temporarily or permanently, with or without notice, at any time.

IP Rights

The entire contents of this website are subject to copyright with all rights reserved. The copyright, trademarks and all similar rights of this website and the contents, including all information, graphics, code, text and design, are owned by Demica Limited or Demica Finance Limited or their licensors.

The reproduction, dissemination, disclosure, movement, modification, transmission or publication of the whole or any part of this website in any form or by any means (including but not limited to electronic, mechanical, photocopying, recording or otherwise) by any party other than Demica are prohibited without the prior express written permission of Demica Limited or Demica Finance Limited, as applicable. Demica has not intended to use any copyrighted material for the website or, alternatively, has sought to attribute the copyright of the respective object.

Nothing on this website should be construed as granting any licence or right in relation to any of Demica Limited’s or Demica Finance Limited’s trademarks or the trademarks of any third party.

Privacy Policy

Demica, as a data controller, may collect and process data about you or individuals who represent non-natural persons accessing this website including, but not limited to, employees and directors (“personal data”). Where personal data (including, but not limited to, names, email addresses, addresses and cookies) is provided via the website, such data is deemed to be provided by you on a voluntary basis. If you are asked to provide us with personal data of others, you must ensure that you have their consent to do so or that you are otherwise entitled to provide that personal data to us.

Demica respects your right to privacy. Personal data you provide via this website will be used by Demica, where in Demica’s legitimate interest for the following purposes: (i) to respond to your request; (ii) for business administration, including, but not limited to, statistical analysis; (iii) to personalise your visit to the website and to assist you while you use the website; (iv) to improve the website by helping Demica understand who uses the website; (v) for fraud prevention and detection and to comply with applicable laws and regulations; (vi) to provide you with services that you request from Demica; and (vii) for marketing purposes. You have a right to object to the processing of your personal data where that processing is carried out for Demica’s legitimate interest.

Demica may share your personal data with other Demica entities or affiliates. Your personal data can be accessed by Demica or other entities within the Demica group where necessary, including for the provision of services to you. Demica may share your personal data with selected third parties to provide it with services, including companies that provide it with technical support and assistance in respect of the website and companies engaged to market Demica products/services. Demica may also share your personal data as permitted by or in order to comply with any law, regulation, court order, supervisory, regulatory or similar authority, or in order to enforce or apply the terms of use of this website or other agreements, or to protect the rights of Demica, its customers or others. Demica may also transfer your personal data to a third party that acquires all or part of its assets or shares, or that succeeds it in carrying on all or a part of its business, whether by merger, acquisition, reorganisation or otherwise.

Personal data collected from you via this website may be transferred to the recipients described above who may be in countries located outside the European Economic Area (“EEA”) (including in the U.S.) which do not provide a similar or adequate level of protection to that provided by countries in the EEA. Transfers to service providers and other third parties will be made in accordance with applicable data protection laws (e.g., under a Model Contract or the EU – U.S. Privacy Shield).

You have certain rights under EU data protection laws which may be subject to limitations and/or restrictions, such as possible restrictions on a data subject’s request regarding personal data that has been processed for anti-money laundering purposes. These include the right to: (i) request access to and rectification or erasure of your personal data; (ii) restrict processing or to object to the processing of your personal data; and (iii) ask for a copy, in a digital format, of your personal data to be provided to you, or a third party, where held by Demica. All such requests should be made using the contact details provided above. Demica may require proof of identity in order to consider or action your request. You also have the right to lodge a complaint about the processing of your personal data with your local data protection authority.

Demica may retain your personal data as necessary for internal analytical purposes, or to provide you with services that you have requested, comply with its legal obligations, resolve disputes and enforce agreements (e.g. settlement). The criteria used to determine the retention periods include: (i) how long the personal data is needed to provide the services and operate the business; (ii) the type of personal data collected; and (iii) whether Demica is subject to a legal, contractual or similar obligation to retain the data (e.g., mandatory data retention laws, government orders to preserve data relevant to an investigation, or data that must be retained for the purposes of litigation or disputes). If you would like more information about applicable data retention policies, please contact Demica’s General Counsel.

Any unauthorised use by you for marketing purposes of postal addresses, telephone numbers and email addresses which are published on this website is strictly prohibited, and offenders sending any such unauthorised messages (such as spam) may be subject to legal enforcement measures and/or proceedings.

No Warranty, Limitation of Liability and Indemnity

This website, including information and materials contained in this website, or any other website referred to or accessed by hypertext link or otherwise through this website (a “third-party site”), text, graphics, software, links and other items are provided ‘as is’. Demica does not warrant and, to the maximum extent permitted by law, Demica expressly disclaims any liability for the accuracy, adequacy, completeness, timeliness or availability of the information and data contained in this website or any third-party site. Demica expressly disclaims any liability to you or any third party for any modification, suspension or discontinuance of this website, and for any errors or omissions in this website and any third-party site. Demica does not endorse or approve the content of any third-party site referenced on this website and shall not be liable for any content contained in any such site. By accessing and/or using a third-party site or software, you agree to the relevant third party’s terms and conditions. If you do not agree to such terms and conditions, you should not access or use the relevant third-party site or software. The views expressed on any third-party site or in any third-party material are the views of the author(s) and do not necessarily reflect the views or policies of Demica. If any damage occurs by the use of information or materials presented on such third-party site, then only the author(s) of the respective pages may be liable, not Demica. There is no warranty of merchantability, no warranty of fitness for a particular purpose, no warranty of non-infringement, no warranty of any kind, whether implied, express or statutory, in conjunction with this website or any third-party site.

It is your responsibility to ensure the security of data sent by you to Demica and/or to this website. Demica does not accept any responsibility for the unauthorised access by a third party and/or the corruption of data sent by you to Demica and/or to this website.

To the maximum extent permitted by applicable laws and regulations, in no event will Demica be liable for any damages including, but without limitation, direct, indirect, special, incidental or consequential damages, losses or expenses arising in connection with this website or use or misuse thereof or the inability by any party to use such website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Demica, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

As a condition of your use of this website, you agree to indemnify and hold harmless Demica, and the partners and employees of Demica and its affiliates from and against any and all liabilities, claims, damages, losses or expenses, including legal fees and expenses, (together, “Losses”) arising out of your access to or use of this website, save to the extent that Demica may not exclude or limit its own liability for such Losses pursuant to applicable laws or regulations.

Severability, Governing Law and Jurisdiction

If any provision of these terms of use is held to be invalid, illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to the extent so held be deemed not to form part of these terms of use but the enforceability of the remainder of these terms of use shall be unaffected.

This website is established in England by Demica in accordance with and shall be governed by, and your browsing in and use of this website shall be deemed acceptance of, the laws of England and Wales. A condition of using this website is that in the event of any dispute or proceeding, you irrevocably submit to the exclusive jurisdiction of the English Courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.

© Copyright 2020, Demica Limited. All rights reserved.

© Copyright 2020, Demica Finance Limited. All rights reserved.