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 Information (together, the “Terms”). Before using this Site, you should read carefully the Terms and also our Privacy Notice. 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.

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’ and ‘your’ means you, the person(s) accessing this Site and the party on whose behalf you are doing so; and

‘we’, ‘us’, and ‘our’ means Next Energy Solar Fund Limited (the “Fund”) and/or NextEnergy Capital Limited (“NextEnergy”), as the context requires.

INVESTMENT PERFORMANCE

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 recognised 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. 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.

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 Notice).

COOKIES

We would like to set and access cookies and similar technology on your device to obtain information about how you access and use this Site to enhance your experience on the Site. This helps us to provide you with a good experience and allows us to improve the Site. Unless you have adjusted your browser settings so that it will refuse cookies, the Site will set strictly necessary cookies when you load and navigate it. The Site will not set any cookies, other than those that are necessary to make the Site work, without your consent.

You can give consent, or withdraw any consent you have previously given, through our browser settings – for more detail, please see Refusing or Restricting cookies below.

Cookies are text files containing small amounts of information which are downloaded to your device when you visit our Site. Cookies are then sent back to the originating Site during your browsing session or on each subsequent visit, or to another site that recognises that cookie. The cookies we may set do lots of different jobs, such as to help us to improve the Site and deliver a better and more personalised service, remember your preferences, and generally improve the user experience, as set out in more detail below. You can find more information about cookies at http://www.allaboutcookies.org/.

The placing of cookies on your device may involve processing your personal data because cookies are online identifiers that may, by themselves or in combination with other information, be used to identify and build up a picture of you, for example by tracing your journey across the Site, where you can be uniquely identified. For more information on how we handle your personal data in relation to cookies and otherwise, please see our website privacy policy.

Each time you use the Site, we may automatically collect the following types of information by using cookies, server logs and other similar technologies:

  • Technical information: This means information about the type of internet browser and operating system you use, your internet protocol (IP) address, your browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you are using. We use this information to help provide a good user experience on the Site.
  • Log and usage information: This means information about how you use our Site, your visits to the Site and traffic data. We use this information to help us understand how users use the Site and to improve user experience.
  • Profile information: This is information collected progressively when you visit our Site, including your referral website, pages you visit, actions you take, patterns of page visits and information from forms you may fill in on the Site.
  • Third party information: We may receive certain technical or usage information about you from third party analytics providers such as Google.

Cookies can be categorised as follows:

  • Strictly necessary cookies – these cookies are essential in order to enable you to move around the Site and use its features and enable services you have specifically asked for. Consent is not generally required for these cookies.

We use the following strictly necessary cookies:

  • Analytics cookies – these cookies collect information about how visitors use the Site (for example, by recording which pages or features visitors use most often (usually on an anonymous basis)).

We use the following analytics cookies:

  • Google Analytics
  • Functionality and performance cookies – these cookies allow the Site to remember the choices a user makes, such as a user name or language preference.

We use the following functionality and performance cookies:

Cookies can also be categorised in accordance with how long they are saved on your device: “session cookies” are short-term cookies that are only saved on the device’s memory for the duration of a user’s visit to the Site, whereas “persistent cookies” remain saved in the device’s memory for a set period of time, even after the browser session has ended. The expiry period for each cookie is set out above.

Refusing or Restricting Cookies

Your browser settings may allow you to refuse the setting of certain cookies. The “Help” or “Internet Settings” functions within your browser should tell you how. For information on how to manage cookies on popular browsers please see the following links:

Alternatively, you may wish to visit http://www.allaboutcookies.org/ which contains detailed information on cookies and how to delete, restrict or block them on a wide variety of browsers. For information on how to do this on the browser of your mobile phone you will need to refer to your handset manual.

To opt out of being tracked by Google Analytics across all websites, you may be able to use the tool provided by Google available at: http://tools.google.com/dlpage/gaoptout.

Please be aware that if you select to refuse or restrict cookies, the full functionality of the Site may no longer be available.

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. We 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. We are not 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, trademarks 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.

TRADEMARKS

This Site contains names and logos that are registered trademarks owned by or licensed to companies within the NextEnergy Capital Limited 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 Limited 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.

SITE SECURITY

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 unauthorised 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. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your user identification code. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.

THIRD PARTIES

NextEnergy Solar Fund Limited and NextEnergy Capital Limited 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.

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 the 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.

YOUR QUERIES

If you have any queries regarding the Terms, then please write to NextEnergy Capital Limited, 7-10 Chandos Street, London W1G 9DQ – United Kingdom.

GENERAL

We may assign our rights and obligations under the Terms to any member of the NextEnergy Capital Limited or NextEnergy Solar Fund Limited groups or to any successor to any part of those businesses and references to “we”, “us” or “our” will include references to such assignees.

No delay or failure by NextEnergy Capital Limited or NextEnergy Solar Fund Limited to exercise any of their respective powers, rights or remedies under the 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.