Terms and Conditions
By accessing this website (‘Site’), you agree to be bound and abide by the following terms and conditions together with the Important Notice (together, the ‘Terms’). Before using this Site, you should read carefully the Terms and also our Privacy Statement. By accessing this Site, or any other NextEnergy Capital sites and pages thereof, you are indicating that you have read, acknowledged and agree to be bound and abide by the Terms. Note that by accepting these Terms you also agree to “cookies” being placed on your computer (please see our Privacy Statement for further information on the cookies our website uses). If you do not agree to the Terms you must refrain from using this Site.
The information described below is current at the date of publication but is subject to change without notice. You should review these Terms regularly as your continued use constitutes agreement to all such changes. This Site is issued and managed by NextEnergy Capital Limited, which is authorised and regulated by the UK Financial Conduct Authority (‘FCA’), and is entered on the FCA Register with the Registration Number FRN 471192. The FCA Register can be accessed at http://www.fsa.gov.uk/register/home.do. NextEnergy Capital is registered in England and Wales, with company number 05975223and with its registered office at 7/10 Chandos Street, London, W1G 9DQ, United Kingdom.
NextEnergy Capital Limited (“NextEnergy Capital”), together with its affiliates, is a specialist in solar energy investment and management business.
Should you wish to contact NextEnergy Capital please refer to the “Contact” menu which can be found on each page of the Site.
In these terms and conditions:
‘content’ means all pages, screens, information and materials included in or accessible through this Site (including any content available on any email).
‘you’, ‘your’ and ‘yours’ means you, the person(s) accessing this Site and the party on whose behalf you are doing so.
‘we’, ‘us’, and ‘our’ means NextEnergy Capital,.
TERMS AND CONDITIONS
These terms and conditions, together the Important Notice cover your use of this Site.
This Site may provide you with access to other websites which may be subject to their own terms and conditions. You should read their terms and conditions carefully before using the website in question.
This Site is intended solely for and directed solely at those who access it from within the United Kingdom. As a result, we cannot guarantee that the Site, or the information thereon, complies with the local laws or regulations of, or is appropriate for use in, any other jurisdiction from which you access it. If you choose to access this Site from a jurisdiction other than the United Kingdom you do so at your own risk and neither NextEnergy Solar Fund Limited nor NextEnergy Capital will be liable for any breach of local law or regulation that you commit as a result of doing so. The information provided on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us or our affiliates to any registration requirement within such jurisdiction or country.
If any part of these Terms is found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of the Terms which shall continue to be valid and enforceable to the fullest extent permitted by law.
The information, material and content provided in the pages of the Site may be updated, revised, deleted or otherwise changed at any time. Changes may be made to these Terms at any time without notice or liability by updating this posting, and shall be effective immediately upon posting to the Site unless we indicate otherwise. You agree to review the Terms regularly and your continued access to or use of the Site will mean that you agree to any changes.
This Site and the information contained herein does not and is not intended to constitute a solicitation of interest or incitement or offer in respect of the acquisition of any shares or securities in the investments or funds or the provision of investment management, advisory or other services to any person in any jurisdiction in which such solicitation is not authorised or to any person to whom it would be unlawful to make such solicitation. Prospective investors should inform themselves as to (i) the legal requirements within the countries of their nationality, residence, ordinary residence or domicile; (ii) any foreign exchange control requirement which they might encounter; and (iii) the tax consequences which might be relevant to the acquisition, holding or disposal of any investment.
The content of this Site is general in nature. The Site is not intended to provide specific investment advice including, without limitation, investment, financial, legal, accounting or tax advice, or to make any recommendations about the suitability of NextEnergy Solar Fund Limited for the circumstances of any particular investor. If you do require investment advice, please consult a suitably qualified professional adviser. You should take appropriate advice as to any securities, taxation or other legislation affecting you personally prior to investing.
Please note that the value of investments and the income derived from them may fluctuate and an investor may not receive back the amount originally invested. Where past performance is shown it refers to the past and should not be seen as an indication of future performance. The value of and any income arising from any investment referred to on this Site may go down as well as up. In particular you may not get back the full amount invested. In the case of investments for which there is not a recognized market it may be difficult for investors to sell their investment or to obtain reliable information about its value or the extent of the risks to which it is exposed. You should refer to the relevant offering documents with respect to individual investment products for a list of relevant risk factors. The information contained in this Site is based on our understanding of current law, regulation and HM Revenue and Customs (“HMRC”) practice at the time of publishing. Future changes in law, regulation, tax levels or HMRC practice could affect the information on this website. Any forecast, projection or target is indicative only and is not guaranteed in any way. We accept no liability for any failure to meet such forecast, projection or target.
The following provisions under ‘No Warranties’ and ‘Exclusion of Our Liability’ exclude or limit the legal liability of NextEnergy Solar Fund Limited or of NextEnergy Capital for this Site. You should read them carefully. They all apply only as far as the law permits and in particular the duties and liabilities owed to shareholders or clients under the Financial Services and Markets Act 2000 or the rules of the Financial Services Authority (and any other relevant regulatory authority) for the conduct of business are not excluded or restricted to the extent not permissible so to do under those rules.
The Site, including information and materials contained in it, text, graphics, software, links and other items are provided “as is,” “as available”. Other than the warranties and representations contained in these Terms, all other warranties and representations of any kind, including without limitation in respect of merchantability, fitness for a particular purpose and non-infringement, whether express, implied or statutory are, to the fullest extent permitted by the law, excluded. Both we and NextEnergy Solar Fund Limited expressly disclaim liability for errors or omissions in the Site. Neither we nor NextEnergy Solar Fund Limited t exclude or restrict our liabilities or duties to you where or to the extent that this is prohibited by law or regulation. Use of this Site is at your sole risk. No warranty or representation is given by us or by NextEnergy Solar Fund Limited that:
any information contained on this Site will be accurate, adequate, complete or up to date or meet your specific requirements,
this Site will be available,
access to this Site will be uninterrupted or that there will be no delays, failures, errors or omissions or loss of information as this Site is transmitted to you, or
no viruses or other contaminating or destructive materials or elements will be transmitted or that your computer system will not be damaged.
Neither we nor NextEnergy Solar Fund Limited provide any guarantee about the accuracy, functionality or performance of any third party software, content or equipment used in connection with this Site.
Neither we nor NextEnergy Solar Fund Limited cannot guarantee that any information displayed on the Site has not been changed or modified through malicious attack or “hacking”.
EXCLUSION OF OUR LIABILITY
To the extent permitted by law, neither NextEnergy Solar Fund Limited nor NextEnergy Capital shall be liable for any damage, loss, expense or liability (whether arising in contract, tort, (including negligence), for breach of statutory duty or otherwise) arising out of or in connection with:
your use of or inability to use this Site,
your reliance on or your inability to use the information on this Site, or
any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure to this Site or your use or attempted use of it.
The above exclusions apply to any damage which is direct, indirect, special, incidental or consequential or consists of loss of profits, business, opportunity or data.
All of the above exclusions apply even if you have advised either of us, or any of our representatives of the possibility of the above types of damage, loss, expense or liability.
The above does not exclude or restrict any duty or liability that we or NextEnergy Solar Fund Limited may have to you under the regulatory system in the United Kingdom or any other relevant jurisdiction, to the extent not permissible so to do under the relevant system.
DATA PROTECTION AND PRIVACY
We are committed to protecting your privacy. All personal information gathered from you in connection with your use of the Site will be held and processed in accordance with the privacy policies applicable to use of this Site (for more details on how we use your personal information, please see our Privacy Statement).
THIRD PARTY SITES AND ENDORSEMENTS
This Site may provide links to third party websites or resources, or include content provided by third parties, over which NextEnergy Capital or NextEnergy Solar Fund Limited has no control. These links and content are provided for your convenience which you may access at your sole discretion and entirely at your own risk. You should be aware that other websites and content are not subject to our privacy standards or procedures. You will need to contact the website owners directly to ascertain their privacy standards. Neither we nor NextEnergy Solar Fund Limited make any representation as to the accuracy or completeness of any linked websites, resources, or third party content, have not and will not review or update such websites, resources or third party content and accept no responsibility for or liability arising out of the content of such websites or the products, services or other items offered through such websites.
LINKS TO OUR SITE
Neither you nor any other party may use any part of this Site on any other website, or link any other website to this Site, without our prior written permission. You may link to the home page of this Site, provided that you do so in a way that is fair and legal, does not damage our reputation or take advantage of it. You must establish a link to this Site in such a way not to suggest approval or endorsement on our part where none exists.
Neither we nor NextEnergy Solar Fund Limited are not responsible for the setup of any link from a third party website to our Site.
Neither you nor any other party may deep link to, frame, spider, harvest or scrape the content or otherwise access the content for any purposes, or use any machine, electronic, web based or similar device to read or extract the content by machine based or automated means, without our prior written permission.
INTERNET AND E-MAIL COMMUNICATIONS
Messages sent over the internet (including e-mail) cannot be guaranteed to be completely secure as they are subject to possible interception, monitoring, delay, loss or possible alteration. Neither we nor NextEnergy Solar Fund Limited are responsible for any such messages nor liable to you or anyone else for any damages or otherwise in connection with any messages sent by you to us or any other party or any messages sent or appearing to be sent by us or any third party to you over the Internet (including e-mail). You should not include any sensitive or confidential information in such messages.
OUR MONITORING OF COMMUNICATIONS
To help us improve our service and in the interest of security, we may monitor and/or record communications (whether over the Internet, telephone or otherwise) between you and us. All recordings are our sole property.
INTELLECTUAL PROPERTY RIGHTS
Our Rights – all intellectual property rights (including, without limitation, copyright, database rights, design rights, patents and trademarks) in the content are owned by or licensed to us unless otherwise stated.
Copying by you and your access to the Site – you may print, copy, download or temporarily store extracts from this Site for your personal use. You must not alter any extract contained on or obtained from this Site in any form. Any other use is prohibited unless you first obtain our written permission. Without limiting the above, unless you first obtain our written consent, you may not reproduce, modify, link into, adapt, transmit, publish, broadcast, create derivative works of, store, archive or in any way exploit or use for any public or commercial purpose any of the content or the Site. Without limitation, neither you nor any other party may do any of the following without prior written consent from us:
create any data base in electronic or structured manual form by systematically downloading and storing all or any of the content; or
redistribute any of the content (including by using it as part of any syndication, content aggregation, archive or similar service); or
remove the copyright or trademark notice from any copies of content made in accordance with these Terms.
You warrant, represent and undertake not to use the Site or upload, post or submit to or transmit or otherwise publish through the Site any content or information which is unlawful, abusive, libelous, defamatory, obscene, pornographic, profane, threatening or otherwise objectionable information of any kind for any purpose. This includes without limitation any transmission that (a) constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any national or international law; (b) restricts or inhibits any other user from using the Site; (c) infringes the rights (including, without limitation, intellectual property rights such as copyright, trade marks and patents) of any third party; (d) contains a virus, other computer or-data corrupting or data-damaging material or other harmful component; (e) contains advertising of any kind; or (f) constitutes or contains false or misleading indications of origin or statements of fact. You undertake to comply with any terms notified to you as required from time to time by any third party supplier of data or services to the Site, including but not limited to, where necessary, entering into a direct agreement with such third party in respect of your use of their data.
Any infringement of any of our intellectual property rights will result in appropriate legal action.
You must not transmit any virus, “worm”, “Trojan horse”, or other item of a destructive nature to the Site and it is your responsibility to ensure that whatever you download or select for your use from the Site is free from such items. You may not violate or attempt to violate the security of the Site.
To the extent that you are provided with a user identification code and/or password, you are fully responsible for keeping this information confidential and secure. You may not disclose your user identification code and/or password to any third party without our consent. You accept full responsibility for any use of your user identification code and/or password. You must notify us immediately of any actual or suspected loss, theft or unauthorized use of this Site or of your user identification code and/or password. In addition, you must notify us without delay if a user leaves your firm or ceases to require their allocated username and password for any other reason. Neither we nor NextEnergy Solar Fund Limited are obligated to inquire as to the authority or propriety of any use of or action taken under your user identification code. Neither we nor NextEnergy Solar Fund Limited will be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
This Site contains names and logos that are registered trademarks owned by or licensed to companies within the and NextEnergy Solar Fund Limited groups. Nothing on this Site should be considered as granting any licence or right in relation to any trademark of any company within the NextEnergy Capital or NextEnergy Solar Fund Limited groups or of any third party. We may also claim trademarks and service marks in other marks contained within the pages of the Site. Use of any such names or logos is forbidden without our prior written consent.
NextEnergy Solar Fund Limited and NextEnergy Capital work with third parties to research certain usage and activities on our website on our behalf. No personal information about you is shared, however in the course of conducting this research these third parties may place a unique ‘cookie’ on your browser. For further information, please read our Privacy Statement.
AMENDMENT / WITHDRAWAL OF SERVICES
We grant you a limited right to use the Site. Your right to use the Site is subject to your agreement to abide by these Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site. We reserve the right to make amendments and changes to the information on this Site, to disable any user identification code or password at any time, or to withdraw access to or suspend this Site or any part of it at any time without notice and without liability for any reason. You are responsible for checking that the Terms have not been updated since your last visit to the Site.
If you have any queries regarding these terms and conditions, then please write to us at [NextEnergy Capital Limited, 7-10 Chandos Street, London W1G 9DQ – United Kingdom.
We may assign our rights and obligations under the Terms to any member of the NextEnergy Capital or NextEnergy Solar Fund Limited groups or to any successor to any part of those businesses which include the Site, provided always that the assignee undertakes to comply with our obligations under the Terms, or appoint one or more agents to provide all or any of the service and references to “we”, “us” or “our” will include references to such assignees and agents.
No delay or failure by any of NextEnergy Capital or NextEnergy Solar Fund Limited or you to exercise any of their respective powers, rights or remedies under these Terms shall operate as a waiver of them, nor shall any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing. The remedies provided in the Terms are cumulative and not exclusive of any remedies provided by law.
These Terms (and any non-contractual obligations arising out of them) are governed by and interpreted in accordance with the laws of England and Wales and the courts of this jurisdiction will have exclusive jurisdiction in respect of any dispute which may arise. Your use of this Site shall be deemed acceptance of the laws of England and Wales and your agreement 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.. If for any reason a court of competent jurisdiction finds any provision of these Terms unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms shall continue in full force and effect. The Terms constitute the entire agreement between NextEnergy and you with regard to this website and it supersedes all prior or contemporaneous communications, agreements and understandings between NextEnergy and you with respect to the subject matter hereof. None of the Terms are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to them, save for NextEnergy Solar Fund, who shall have the benefit of the rights, powers, protections and terms specified in these Terms.