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Terms and Conditions

Schedule 1 General Terms and Conditions of Use of the Website

1. About COMAC

The COMAC Capital LLP website (the “Website”) www.comaccapital.com is a website operated by COMAC Capital LLP (“COMAC”). The information on this Website is communicated by COMAC both inside and outside the United Kingdom.

COMAC is registered in England and Wales with registration number OC316831 and has its registered office at Regent Gate, 56-58 Conduit Street, London, W1S 2YZ. COMAC is authorised and regulated by the Financial Services Authority (“FSA”) (FSA Register number: 446250). COMAC’s VAT number is GB877633085.

Important information

The information on this Website does not constitute an offer or solicitation of an investment or investment service in any country in which such an offer or solicitation is not authorised or to any person to whom it is unlawful to make such an offer or solicitation. However, the distribution of information contained on this Website in certain countries may be restricted by law and persons who access it are required to inform themselves and to comply with any such restrictions. Persons interested in receiving further information about any investment or service 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 income tax and other tax consequences which might be relevant

The information on this Website is issued by us only to and/or is directed only at persons who are professional clients or eligible counterparties for the purposes of the FSA Conduct of Business Sourcebook. To the extent that investments and/or investment services are referred to on this Website, they are only available to such persons and other persons should not act or rely on information available on this Website. In particular, any investments and investment services are not intended for persons who are retail clients and will not be made available to retail clients.

The information on this Website is exempt from the scheme promotion restriction on the communication of invitations or inducements to participate in unrecognised collective investment schemes on the grounds that it is being issued to and/or directed at only the types of person referred to above.

Risk factors and other information

Nothing contained on this Website constitutes investment, legal, tax or other advice, nor is it to be relied upon when making investment or other decisions. The information on this Website is provided solely on the basis that you make your own investment decisions. You should obtain relevant and specific professional advice before making any decision to enter into an investment transaction.

Your use of this Website

These terms and conditions (the “Terms”) set out the terms on which you may make use of this Website and apply to every page of this Website, whether or not these Terms appear on each individual page. Please read these Terms carefully before you start to use this Website. By using this Website, you have indicated that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using this Website.

You must NOT use this Website (or permit or procure others to use it) as follows:

(A)
for any unlawful, improper or illegal purpose or activity;
(B)
to communicate or receive information that is obscene, indecent, pornographic, sadistic, cruel, or racist in content, of a sexually explicit or graphic nature, which promotes or incites discrimination, hatred or racism or which might be legally actionable for any reason;
(C)
in a manner intended to threaten, harass, or intimidate;
(D)
to violate COMAC’s or any third party's copyright, trademark, proprietary or other intellectual property rights;
(E)
to damage COMAC’s name or reputation or that of COMAC’s affiliated companies or any third parties;
(F)
to impersonate any of COMAC’s employees or other person or use a false name while using this Website or implying an association with COMAC;
(G)
to penetrate COMAC’s security measures or other entities' systems ("hacking");
(H)
to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for others using this Website;
(I)
to generate excessive amounts of internet traffic, to interfere with COMAC’s network or other’s use of this Website or to engage in activities designed to or having the effect of degrading or denying service to users of this Website or others;
(J)
to introduce viruses, worms, harmful code and/or Trojan horses onto the internet or into this Website or any other entity’s systems and it is your responsibility to ensure that whatever you download or select for your use from this Website is free from such items;
(K)
to post or transmit information that is defamatory, fraudulent or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; and/or
(L)
to transmit confidential or proprietary information, except solely at your own risk.

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 in certain countries and COMAC and their affiliated companies disclaim all responsibility if you download any information from this Website in breach of any law or regulation of the country in which you reside.

Liability for use of this Website

Access to this Website is permitted on a temporary basis and COMAC reserves the right to withdraw or amend the service it provides on this Website without notice. COMAC does not accept any liability if for any reason this Website is unavailable at any time or for any period.

The materials and information displayed on this Website are provided without any guarantees, conditions or warranties as to accuracy or completeness and are not intended to amount to advice on which reliance should be placed. COMAC disclaims all liability and responsibility arising from any reliance placed on such materials and information by any visitor to this Website, or by anyone who may be informed of any of its contents.

Information and opinions contained on this Website have been compiled or arrived at by COMAC from sources believed to be reliable. However, to the extent permitted by law, COMAC, their affiliated companies and other third parties connected to COMAC hereby expressly exclude all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity and any liability for any direct, indirect or consequential loss or damage of any kind incurred by any user in connection with this Website or in reliance on the information or opinions contained in it, or in connection with the use, inability to use, or results of the use of this Website or any websites linked to it or materials posted on it. This does not affect COMAC’s liability for any loss or damage which cannot be excluded or limited under applicable law and does not exclude or restrict any duty or liability that COMAC has to their customers under the regulatory system in the United Kingdom.

The internet is not a completely reliable transmission medium and neither COMAC nor any of their affiliated companies accept any liability for any data transmission errors such as data loss or damage or alteration of any kind or for the security or confidentiality of information transmitted across the internet to or from COMAC or any of their affiliated companies. Any such transmission of information is entirely at your own risk. This does not exclude or restrict any duty or liability that COMAC has to its customers under the regulatory system in the United Kingdom.

Where this Website contains links to other sites and resources provided by third parties, these links are provided for your information only. COMAC has no control over the contents of those websites or resources and neither COMAC nor any of their affiliated companies make any representation as to the accuracy or completeness of such websites or resources and have not and will not review or update them. Neither COMAC nor any of their affiliated companies accept any responsibility for websites and resources provided by third parties or for any loss or damage that may arise from your use of them. This does not exclude or restrict any duty or liability that COMAC has to its customers under the regulatory system in the United Kingdom.

Intellectual property rights

COMAC is the owner or the licensee of all intellectual property rights in this Website, and in the materials published on it. Those works are protected by laws and treaties around the world. All such rights are reserved. You may use the materials on this Website and download and reproduce them in hard copy for your own reference only provided you retain all copyright and other proprietary notices. Such materials may not otherwise be reproduced, distributed, stored in a data retrieval system, linked to, modified or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior written consent of COMAC Capital LLP. Nothing on this Website should be construed as granting any licence or right in relation to any of COMAC’s trademarks or those of their affiliated companies or any third party.

Law and variation

These Terms are governed by and shall be construed in accordance with the laws of England and Wales. English courts will have exclusive jurisdiction over any dispute arising from, or related to, use of this Website and it is a condition of using this Website that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although COMAC retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.

COMAC may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes COMAC make, as these are binding on you.

Your personal data

COMAC may collect and process the following data about you in accordance with these Terms:

(M)
details of your visits to this Website and the materials and information that you access.

for the following purposes:

(1)
to ensure that content from this Website is presented in the most effective manner for you and for your computer;
(2)
to provide you with information, products or services that you request from COMAC or which COMAC feel may interest you, where you have consented to be contacted for such purposes;

Disclosure of your personal data

(N)
if COMAC or substantially all of its assets are acquired by a third party, in which case personal data held by it about its clients will be one of the transferred assets; and
(O)
if COMAC is under a duty to disclose or share your personal data in order to
(P)
comply with any legal obligation, or in order to enforce or apply the Terms of this Website or other agreements, or to protect the rights of COMAC, their customers, or others.

By using this Website, you consent to processing of your personal data in accordance with these Terms and you warrant that all data provided by you is accurate.

Use of cookies

COMAC may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer, for the purposes of systems administration and statistical analysis. Cookies contain information that is transferred to your computer's hard drive and help COMAC to improve this Website and to deliver a better and more personalised service to you, including by storing information about your preferences and to recognise you when you return to this Website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of this Website. Unless you have adjusted your browser setting so that it will refuse cookies, COMAC’s system will issue cookies when you log on to this Website.