Terms of use

This website (the “Website”) is the website of NEX. For the purposes of this agreement, “NEX”, “us” or “we” shall mean Intercapital Management Services No.2 Limited, a company registered in England and Wales under company number 9936051 and with its registered address at 2 Broadgate London EC2M 7UR United Kingdom, and its affiliates and their officers, directors and employees.

Please read these terms of use of the Website carefully as by using the Website you agree to be bound by them. We reserve the right to vary these terms of use at any time and will post any variations here. You are advised to review these terms of use on a regular basis as you will be deemed to have accepted variations if you continue to use the Website after they have been posted. If you do not agree to abide by these terms of use you should not use the Website in any way.

Accessing the Website

NEX does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that any persons with access to the Website through your internet connection are aware of these terms of use, and that they comply with them.

Privacy policy

Any personal information provided will be held in accordance with the NEX privacy policy available on the Website.

Information we provide on the Website

Information on the Website is supplied by NEX and, where indicated, by certain third parties. NEX takes every care and precaution to ensure that information published on the Website is accurate when posted and regularly updated, but NEX does not guarantee or cannot be held liable for its accuracy or timeliness and NEX may change the information at any time without notice. You must not rely on the information on the Website and you acknowledge that you must take appropriate steps to verify this information before acting on it.

THE WEBSITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE ACCURACY OF THE INFORMATION OR THE PRODUCTS OR SERVICES REFERRED TO ON THE WEBSITE (IN SO FAR AS SUCH WARRANTIES MAY BE EXCLUDED UNDER ANY RELEVANT LAW) AND TO THE EXTENT PERMITTED BY LAW, NEX SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGE WHETHER DIRECT OR INDIRECT (INCLUDING, WITHOUT LIMITATION DIRECT OR INDIRECT LOSS OF PROFITS), CONSEQUENTIAL, SPECIAL OR OTHERWISE INCIDENTAL THAT MAY RESULT FROM USE OF THE WEBSITE HOWSOEVER ARISING.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

NEX makes no representation that (i) materials on the Website are appropriate or available for use in the location you reside or (ii) that any products, instruments or services discussed on the Website are appropriate or available for use or sale in all jurisdictions. You are responsible for compliance with all applicable local laws.

Share and product information

The information contained in the Website is not an invitation to invest in shares or other securities or otherwise deal in these or enter into a contract with NEX or any other company, nor is it a recommendation that you enter into a particular transaction nor a representation that any product described on this Website is suitable or appropriate for you. Many of the products described on this Website involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice nor make this service the primary basis for any investment decisions made by or on behalf of you, your accountants, or your managed or fiduciary accounts, and you may want to consult your business advisor, legal, tax and accounting advisors concerning any contemplated transactions.

The past performance of NEX or any other company referred to on the Website cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up and investors may not recoup the amount originally invested.

Any reference to any product or service which has been or may be provided by NEX or any other company does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time without notice.

Intellectual property rights

NEX owns the copyright in the content published on the Website except where otherwise indicated by a third party's proprietary notice. Images, trade marks and brands are also protected by other intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners. Unless specifically prohibited by a notice published on any page, you may make a print copy of such parts of the Website as you may reasonably require for your own personal use provided that any copy has attached to it any relevant proprietary notices and/or disclaimers. All other use is prohibited.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the 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. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

Third-party websites

We are not responsible for the content of any other website from which you have accessed the Website or to which you may hyperlink from the website and cannot be held liable for any loss or damage you incur as a result thereof.

General

These terms of use are governed by the laws of England and Wales and you agree that the English courts shall have exclusive jurisdiction in any dispute.

To the extent that any part of these terms of use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law. This agreement, together with all NEX policies referred to herein, constitutes the entire agreement between you and NEX relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements.