TERMS AND CONDITIONS OF USE
ATTENTION: This legal notice applies to the entire contents of this website under the domain name [http://220.127.116.11/the-pollen-estate/] (the “Website”). The Website is owned and operated by The Pollen Estate Trustee Company Limited whose registered office is at 10 Queen Street Place, London, EC4R 1BE, United Kingdom (“The Pollen Estate”, also referred to as “we”, ”our” or “us”).
Please read the terms below carefully before using this Website. By using or visiting this Website you accept and agree to the terms of this legal notice. If you do not accept these terms and conditions, do not use this Website.
The Pollen Estate may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.
If any part of this legal notice is deemed invalid, void or for any reason unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any of the remainder of the terms and conditions.
Terms and Conditions of Use
This notice is issued by The Pollen Estate.
2 - Access
2.1 - While The Pollen Estate endeavours to ensure that this Website is available 24 hours a day, The Pollen Estate shall not be liable if for any reason this Website is unavailable at any time or for any period. 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 at any time without notice. We also reserve the right to terminate your access to the Website at any time without notice.
2.2 - The Pollen Estate reserves the right to restrict certain areas of information accessible via the Website to our approved, registered users. If any area of the Website requires you to register with us, then we may accept or refuse your application for registration (in our absolute discretion). You agree to provide at all times truthful and accurate information in applying to register to use the Website and using any registration granted. Your registration will not be transferable and you are solely responsible for any activity which occurs on or through your user name, password or account, whether or not authorised by you and for keeping secure and confidential such details. You must not disclose your account’s user name or password (or other login details) to any third party. You must change your password immediately if you believe that your registration may have been used without your authorisation.
3 - Acceptable Use
3.1 - You must not use the Website for any unlawful or fraudulent purposes.
3.2 - You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 as amended. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
3.3 - Without prejudice to our other rights or remedies, The Pollen Estate reserves the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this paragraph 3.
4 - Third Parties Websites
4.1 - Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.
4.2 - These terms and conditions apply to your use of the Website. If you access other sites and resources provided by third parties, whether or not via links contained on our Website, the terms and conditions of such sites and resources may apply to you.
5 - No Offer or Advice
5.1 - The content of this Website has been prepared for information purposes only.
5.2 - Nothing on this Website is intended to constitute an invitation, inducement, offer or recommendation to engage in investment activity in any jurisdiction.
5.3 - No information on this Website constitutes investment, tax, legal, regulatory, financial, accounting or any other advice.
5.4 - You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on this Website.
6 - Disclaimer
6.1 - While we endeavour to ensure that the information and material on this Website is correct, we do not warrant the accuracy or completeness of the material on this Website. The Website may contain typographical errors or other inaccuracies, or information or material that is out of date. The Pollen Estate is under no obligation to update such material.
6.2 - The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, The Pollen Estate provides you with this Website on the basis that The Pollen Estate excludes all representations, express or implied warranties, conditions and other terms which but for this legal notice might have effect in relation to this Website.
6.3 - The Pollen Estate is based in the United Kingdom. We do not represent that content available on or through our Website is appropriate, or that access to such content is lawful outside the United Kingdom.
7 - Intellectual Property Rights
7.1 - The contents of this Website (including all website design, text, photographs, graphics, their selection and arrangement and all software compilations, underlying source code, software and all other material) are protected by international copyright laws and other intellectual property rights. The owners of these rights are The Pollen Estate, its affiliates or other third party licensors.
7.2 - “The Pollen Estate” and the Pollen Estate logo and any other product and company names and logos mentioned on this Website are the trademarks, service marks or trading names (whether registered or not) of The Pollen Estate and its affiliates. Nothing in these terms or on the Website may be interpreted so as to grant to you, directly or indirectly, the use of a trademark or service mark reproduced on the Website without the prior written consent of The Pollen Estate.
7.3 - You are permitted to print and download extracts from this Website only for your personal, non-commercial use. Otherwise, no part of this Website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, photographs, graphics, video, messages, code and/or software without our express prior written consent.
7.4 - Any commercial use or exploitation of this Website or its content is strictly prohibited.
7.5 - If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
8 - Liability
8.1 - We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
8.2 - We shall not be liable for any loss arising directly or indirectly from the use of, or any action taken in reliance on, the content of the Website and in particular, any inadequacies, inaccuracies, or other deficiencies in any content.
8.3 - We shall not be liable to you in any circumstances for any of the following types of loss:
(a) business interruption, loss of business, loss of profits, loss of revenue, damage to goodwill or reputation, loss of savings (actual or anticipated), loss of bargain, loss of and/or corruption of data, or any losses arising out of any claim for an account of profits (in each case, whether direct or indirect);
(b) any loss of any kind resulting from any failure or delay in the delivery of electronic communications, or the interception or manipulation of electronic communications by third parties; or
(c) punitive, exemplary, special, indirect, consequential or incidental loss and/or damages,
arising out of your use, or inability to use, the Website and/or any information or material displayed on the Website.
8.4 - We shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
9 - Governing law and jurisdiction
9.1 - This legal notice, any contract arising between you and The Pollen Estate subject to the terms of this legal notice, and any dispute or claim arising out of or in connection with this legal notice or its subject matter, whether of a contractual or non-contractual nature (including any dispute regarding the existence, validity or formation of a contract under the terms of this legal notice), shall be governed by and construed in accordance with English law.
9.2 -The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this legal notice but we retain the right to bring any suit, action or proceeding against you for breach of this legal notice in your country of residence or any other country.