Dunedin Enterprise Trust PLC - Terms & Conditions

Information About Us and Disclaimers

Our Site is operated by Dunedin Capital Partners Limited ("we", "us"). We are registered in Scotland under company number SC082727, and have our registered office at 10 George Street, Edinburgh EH2 2DW. Our Site contains information relating to Dunedin Enterprise Investment Trust PLC ("Dunedin Enterprise"). Dunedin Enterprise is an investment company registered in Scotland under company number SC052844 and has its registered office at 10 George Street, Edinburgh EH2 2DW.

Dunedin Capital Partners Limited is authorised and regulated by the Financial Services Authority ("FSA"). Our FSA Register Reference Number is 121961.

The information on this Site is intended for owners and managers of companies incorporated in the UK who may be seeking sources of potential financing, as well as financial institutions in the UK seeking a potential partner for investment in UK companies. Any enquiry from a person who may be classified as a "private customer" or who is resident outside the UK will be declined.

The information on our Site is intended only for persons in the UK and persons in any other jurisdiction to whom such information can be lawfully communicated without any approval being obtained or any other action being taken to permit such communication where approval or action for such purpose is required and, in particular, the information on our Site is not for use by persons in the USA, Canada, Australia, New Zealand, South Africa or Japan. It is the responsibility of persons using our Site to inform themselves of and to observe all applicable laws and regulations of any relevant jurisdictions. Prospective investors should inform themselves as to the legal requirements and tax consequences within the countries of their citizenship, residence, domicile and place of business with respect to the acquisition, holding or disposal of shares in Dunedin Enterprise, and any foreign exchange restrictions that may be relevant thereto.

Shares in Dunedin Enterprise are not registered for sale, offer or delivery in any jurisdiction outside the United Kingdom and may not be sold, offered or delivered in any jurisdiction in which registration for such purpose is required. In particular, but without limitation, shares in Dunedin Enterprise have not been, and will not be, registered under the United States Securities Act of 1933 (as amended) or under any of the relevant securities laws of Canada, Australia, New Zealand, South Africa or Japan. Accordingly, shares in Dunedin Enterprise may not (unless an exemption from such Act or such laws is available) be offered, sold or delivered, directly or indirectly, in or into the USA, Canada, Australia, New Zealand, South Africa or Japan. Dunedin Enterprise is not registered under the United States Investment Company Act of 1940 (as amended) and investors will not be entitled to the benefits of such Act.

The information on our Site is for informative purposes only. Additional information is available upon request. Where information has been obtained from outside sources, it is believed to be reliable but is not represented to be accurate or complete. We do not offer investment advice or make recommendations regarding investments and nothing on our Site shall be deemed to constitute financial, investment or other professional advice in any way. Further, nothing on our Site shall constitute or be deemed to constitute an invitation or inducement to any person to engage in investment activity. For the avoidance of doubt, users of our Site acknowledge that they are not our regulatory clients and that we not advising them in connection with the information contained on our Site. To the fullest extent permitted by law we will not be responsible to anyone other than Dunedin Enterprise for providing the protections afforded to our clients.

Nothing on our Site is intended to constitute an offer or solicitation to buy or sell securities or investments of any description in any jurisdiction. We do not make any representation that the information or materials on our Site are appropriate in all locations, or that any investments or services which are referred to on our Site are available in all jurisdictions, to everyone, or at all. In your use of our Site, you are responsible for ensuring you comply with the laws or regulations of any relevant jurisdiction and for obtaining your own legal, tax and financial advice before entering into any transaction.

Past performance is not a guide to future performance. The value of an investment and any income from it can go down as well as up and an investor may not get back the amount originally invested. Further, the market price of shares may not fully reflect their underlying net asset value and it is not uncommon for the market price of shares to trade at a substantial discount to their net asset value. The investments or services referred to on our Site may not be suitable for everyone. If you have any doubts as to suitability, you should seek advice from an appropriate investment adviser.

We do not guarantee that material on this Site will be free from a distributed denial-of-service attack, viruses, worms, Trojan horses or any other technologically harmful material that may have contaminating or destructive properties. It is your responsibility to take protective steps such as installing virus checking software.

Updates and Changes to Our Site

We aim to update our Site regularly, and may change the content at any time. While we attempt to ensure the accuracy and timeliness of all material posted on our Site, we take no responsibility for errors or omissions which are the result of circumstances outside our control, technical causes, or otherwise, nor will we be liable if for any reason our Site is unavailable at any time or for any period. We maintain the right to delete or modify the content, presentation, performance, facilities and availability of all or part of our Site without notice. If the need arises, we may suspend access to our Site, or close it indefinitely. We reserve the right to withdraw or amend the service we provide on our Site without notice.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time and to take notice of any changes we may make, as they are binding on you.

Limitation of Liability

To the fullest extent permissible by law, Dunedin Capital Partners Limited assumes no responsibility or liability for any information published on our Site and further disclaims all liability in respect of such information. To the fullest extent permitted by law, we hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute or common law;
any liability for any direct or indirect loss or damage which was not reasonably forseeable incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and for any other loss or damage of any kind, however arising even if reasonably foreseeable.

None of the foregoing limits or excludes our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

In addition nothing in these terms and conditions shall exclude, limit or restrict our duties and liabilities to you under the Financial Services and Markets Act 2000, the FSAs Handbook of Rules and Guidance or any other conduct of business rules which we are bound to comply with.

We reserve the right to grant access to our Site at our absolute discretion. Access may be denied by us, for any reason, without notice.

Restricted Access

Some parts of our Site are restricted and are only accessible using a username and password provided by us. Any information we provide you as part of our security procedures for accessing any restricted area, including usernames and passwords, and any information in the restricted area itself, is confidential and you must not disclose such information to any third party. We reserve the right to disable any username or password at any time if you fail to comply with any of these terms and conditions.

Access to restricted areas of our Site may be subject to additional terms and conditions.

Communicating With You

You are responsible for ensuring that the contact details (e.g. email, postal address and/or telephone number) you give us are accurate. We (or our contracted processing firms) will communicate with you using the latest contact details you have provided to us.

Telephone calls may be recorded and/or monitored.

Viruses, hacking and other offences

You must not misuse our Site 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 our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. Any web-scraping of our Site is strictly prohibited, as are automated programs, robots, web-crawlers, spiders and data miners also prohibited from accessing our Site.

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 co-operate with those authorities by disclosing your identity to them. In the event of such breach, your right to use our Site will cease immediately.

While we will use our reasonable endeavours to keep our Site secure and protect it from viruses, we will 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 Site or your downloading of any material posted on it, or any website linked to it.

Links to/from our Site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have not reviewed all of these third party websites and we have no control over the contents of those sites or resources. We do not endorse or make any representations about them, or any services, products or materials found there, or any results that may be obtained from using them. We accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Site, you do so entirely at your own risk.

You must not link to our Site in such a way that damages our reputation or takes advantage of our Site and you must not establish a link which in any way suggests any form of association, approval or endorsement on our part where none exists.

Uploading Material to our Site

Whenever you make use of a feature that allows you to upload material (excluding personal data) to our Site, any material you upload will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy, or is defamatory.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.

Intellectual Property

The intellectual property in our Site, and all material published on our Site, unless specifically indicated otherwise, is owned by (or licensed to) Dunedin Capital Partners Limited. Those materials are protected by copyright laws, trade mark and other intellectual property rights and treaties around the world and must not be reproduced in any medium save as provided in terms of this paragraph. You may view our Site and download any part of it to a personal computer so that you can view it for personal purposes and you may draw the attention of others within your organisation to material posted on our Site. All such rights are reserved. Except as otherwise per-mitted in this section, you must not use, copy, reproduce, modify, distribute, republish, display, post or transmit any part of the materials on our Site. Dunedin is a UK registered trade mark of Dunedin Capital Partners Limited.

Data Protection

Dunedin Capital Partners Limited are committed to following policies which protect your privacy and comply with current UK Data Protection laws and regulations in respect of personal data. We will only obtain personal data from you for specified and lawful purposes and any personal data which we obtain will be processed fairly and lawfully. In particular:

a. Data we collect - the data we may collect from you includes your name, address, telephone numbers and email addresses.

b. Disclosure to third parties - in providing you with investment services or responding to your enquiries, we may provide your personal data to third party contractors who provide the Company with IT and marketing support. We will not otherwise disclose your personal data to third parties, except where you have given your consent or where we have a legal obligation to do so.

c. Uses of personal data - we collect personal data for use in the normal course of our business. We may use the data to provide you with investment services in some cases and to respond to your enquiries. We may use your personal data to inform you of relevant opportunities, developments and events, unless you let us know in writing that you do not wish us to do so. We do not provide your personal data to third parties for any marketing or promotional purposes, except where you have given your explicit consent.

d. Security - We take all reasonable steps to protect the confidentiality and security of your personal data.

e. Accuracy - We take all reasonable steps to keep your personal data accurate and up to date.

f. Retention of data - We will retain data only for the duration of the purpose for which it was obtained. When requested, we will delete personal data from current operational systems where it is no longer required. However we may need to continue to hold some details about you after your relationship with us has ended, for example for legal and regulatory purposes.

g. Your rights - We will take all reasonable steps to uphold your rights to protect your personal data, including the right to obtain information on, update or amend any personal data on you which we hold. If you wish to contact us regarding these privacy terms please write to the Company Secretary of Dunedin Capital Partners Limited at 10 George Street, Edinburgh, EH2 2DW.

h. Cookies - Our Site uses third party web traffic analysis which uses cookies, which will be placed on your PC. The information collected is anonymous and is used to improve your experience in using our Site. No personal data is collected. Our Site will continue to work if you choose to block cookies in your web browser. Information on deleting or controlling cookies is available at www.AboutCookies.org.

Comments

Should you have any comments about our Site, please contact us using the following contact details:

Address: Dunedin Capital Partners Limited, 10 George Street, Edinburgh, EH2 2DW

Severability

If any provision of these terms and conditions is found by a court of competent jurisdiction to be invalid, you agree that the other provisions of these conditions will remain in full force and effect in so far as possible.

Non-waiver

Our failure to exercise any right or remedy under these terms and conditions shall not constitute a waiver thereof, nor shall any waiver of any breach by you constitute a waiver by us of any subsequent breach.

Entire Agreement, jurisdiction and governing law

These terms and conditions constitute the entire agreement between you and Dunedin Capital Partners Limited concerning access to and use of our Site. These terms and conditions are governed by the laws of Scotland. The Scottish courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our Site, although we retain the right to bring proceedings against you for breach of these terms and conditions in any other relevant country.