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Holland Mountain Directory

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Terms and Conditions

Please read these Terms and Conditions carefully before you start to use our website and the services made available on it, as these will apply to your use of our website and such services www.hollandmountain.com.

If you do not agree to these Website Terms of Use, you must not use our website or any services made available on it.

We recommend that you print a copy of these Website Terms of Use for future reference. By using our website, you confirm that you accept these Website Terms of Use and that you agree to comply with them.

  1. Who are we and what do we do?

1.1           What we do. We provide consultancy services for, and maintain a directory of professional advisers to, the private equity sector known as the Holland Mountain Directory. The Holland Mountain Directory helps to connect professional advisers and private equity houses, fund managers and other persons who may be seeking professional advice.

1.2           Who we are. We are Holland Mountain Group Limited (company number 03968224) of 2 Angel Square, London, EC1V 1NY.

1.3           How to contact us. You can contact us by telephoning our team on +44 (0) 20 7394 0763 or by writing to us by email at info@hollandmountain.com or by post at Holland Mountain Group Limited, 2 Angel Square, London, EC1V 1NY.

1.4           How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us.

  1. What is the purpose of these Website Terms of Use?

2.1           Purpose. These Website Terms of Use (together with the documents referred to below) explain the terms on which you may use our website and the services made available on it. Use of our website includes accessing and browsing our website.

2.2           Using our services. You agree that by registering for, accessing or otherwise using our services made available on our website including the Holland Mountain Directory and related content or information (collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company) with us. References to “website” in these Website Terms of Use (and any of the documents referred to below) shall also include any Services you may use.

2.3           Members and visitors. Registered users of our Services are “members” and unregistered users are “visitors”. These Website Terms of Use apply to both members and visitors. The term “user(s)” may refer to either members or visitors as applicable.

  1. What other terms apply to my use of the website?

3.1           These Website Terms of Use refer to the following additional terms, which also apply to your use of our website:

(a)        our Privacy Policy http://hollandmountain.com/privacy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our website, you consent to such processing and you warrant that all data provided by you is accurate;

(b)        our Acceptable Use Policy http://hollandmountain.com/acceptable-use/, which sets out the permitted uses and prohibited uses of our website. When using our website, you must comply with this Acceptable Use Policy;

(c)         our Cookie Policy http://hollandmountain.com/cookies/, which sets out information about the use of cookies on our website.

  1. Getting started

4.1           Using the Holland Mountain Directory. We operate the Holland Mountain Directory of professional advisers and act as a facilitator to connect members and visitors. We do not vet the credentials of members or visitors, nor do we have any involvement in the decisions made by visitors when choosing professional advisers.  Visitors and members are responsible for their own conduct when using the Services or browsing or using this website including the Holland Mountain Directory.

4.2           Contacting members. You may at your discretion contact members identified in the Holland Mountain Directory; however, we are not responsible for, and are not obliged to monitor or exercise any control over, your contact with the members.

4.3           Engaging with members or visitors. Nothing on our website or in the Holland Mountain Directory is intended to be, and should not be, relied upon by users in making (or refraining from making) any specific employment, engagement, or other decisions. Any agreements, transactions or other arrangements made between you and any member (if you are a visitor) or between you and any visitor (if you are a member) are at your own responsibility and entered into at your own risk.

4.4           How you use our website or Services. You may use our website only for lawful purposes.  You may not use our website:

(a)        in any way that breaches any applicable local, national or international law or regulation, or these Website Terms of Use; or

(b)        in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.

  1. What else should I be aware of when accessing the website?

5.1           Changes to these Website Terms of Use. We may revise these Website Terms of Use at any time by amending
this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

5.2           Updates to our website and Services. We may update our website from time to time, and may change the content at any time or add any new or modified features that enhance or alter the Services, including the release of new tools and resources. However, please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it. Unless expressly stated otherwise in these Website Terms of Use, any updates to our website or Services, shall be subject to these Website Terms of Use.

5.3           Residency. Our website is directed principally at people residing in the United Kingdom. We do not represent that content available on or through our website is appropriate or available in other locations. We may limit the availability of our website or any service or product described on our website to any person or geographic area at any time. If you choose to access our website from outside the United Kingdom, you do so at your own risk.

5.4           Access. You are responsible for ensuring that all persons who access our website through your internet connection are aware of these Website Terms of Use and other applicable terms and conditions, and that they comply with them.

5.5           Availability of our website. We do not guarantee that our website, or any content on it, will always be available or be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period.

5.6           Breach. If you breach these Website Terms of Use (including our Acceptable Use Policy) in any way, we may take such action as we consider appropriate.

  1. Using our Services as a member
    This clause applies to members only

6.1           Binding. You confirm that you have authority to bind any business or organisation on whose behalf you use our website to use the Services.

6.2           Registration. To register with us and use our Services, please complete the on-line application form at http://hollandmountain.com/get-listed/. Once your application has been processed, we will email you to confirm if we have accepted your application (which we may decide at our discretion).

6.3           Creating a member profile. As a registered member, we will provide you with a member account so that you can create a member profile and upload content and amend any uploaded content. You must comply with the content standards set out in our Acceptable Use Policy http://hollandmountain.com/acceptable-use/. You warrant that you have all necessary rights, consents, permissions and approvals to upload or post content (including any personal data contained therein) to our website and that any such contribution does comply with the standards set out in our Acceptable Use Policy. You will be liable to us and shall indemnify and hold us harmless in full for any loss, damage or other liability arising from any breach of the foregoing warranties.

6.4           What the Holland Mountain Directory offers. If you create, manage and publish a member profile it will appear in the Holland Mountain Directory which is a searchable member directory of all the professional advisers who have signed up to use our Services in order that third parties and other members may directly search the Holland Mountain Directory, view selected profiles and make contact with members.

6.5           Your profile information. If you make your profile publicly available on our website, you warrant to us that your profile and any additional information provided by you is true and accurate. You also acknowledge and agree that: (a) if you make your profile publicly available on our website, third parties (who may be unknown to you) will have access to your profile which may contain personal data and sensitive information about you; (b) you are granting permission for your profile to be included in searches conducted by third parties and other members; and (c) the information contained in your profile will be included in the Holland Mountain Directory. The Holland Mountain Directory will be visible to all members of and visitors to our website and you may be contacted by such visitors and other members as a result.

6.6           Rights in your profile content. Any content you upload to our website or provide to us for posting on our website in connection with your member profile (including any logos or other trademarks for your organisation), will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you hereby grant us and other users of the website a limited licence to use, store and copy that content and to distribute and make it available to third parties for the purposes of operating, providing and using the website and Services. The rights you license to us are described in the next paragraph (What rights am I licensing to you).

6.7           What rights am I licensing to you? When you upload or post content to our website or provide us with content to post on our website (including any logos or other trademarks for your organisation), you grant us a non-exclusive worldwide, royalty free, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others for the purposes of providing our website, the Holland Mountain Directory and the Services to you. You warrant that you have all necessary rights, consents, permissions and approvals to grant us this right and you will be liable to us and shall indemnify and hold us harmless in full for any loss, damage or other liability arising from any breach of this warranty.

6.8           Disclosure. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy. We shall fully co-operate with any law enforcement authorities or order from a court or other competent authority requesting or directing us to disclose the identity of, or to locate, anyone posting any content in breach of these Website Terms of Use.

6.9           Responsibility for content. We will not be responsible or liable to any third party for the content or accuracy of any content posted or provided by you on our website.

6.10        Removing content. We have the right to remove any content you post or make on our website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy http://hollandmountain.com/acceptable-use/.

6.11        Account security. Your member account belongs to you so you must keep your password secure and confidential and not transfer your account to any other person. You are responsible for anything that happens through your account unless you close it or report misuse.

6.12        Limitations. You agree and acknowledge that the website and Services are provided on an “as is” basis and that we do not warrant or represent that:

(a)        the Services will meet your specific requirements;

(b)        the Services will be uninterrupted, timely, secure, or error-free;

(c)         information provided as part of the Services will be accurate or reliable;

(d)        the quality of any services, information, or other material purchased or obtained by you through the Services will meet your expectations; or

(e)        any errors in the Services will be corrected.

6.13        Your right to stop being a member. You can terminate your member account at any time by writing to us by email at info@hollandmountain.com or by post at Holland Mountain Group Limited of 2 Angel Square, London, EC1V 1NY.

6.14        Our right to stop providing the Services to you. We reserve the right to limit or stop your use of the Services or restrict, suspend, or terminate your member account if we believe that you may be in breach of these Website Terms of Use or applicable law or are misusing the Services.

6.15        What happens if you are no longer a member? Once you cease to be a member, we will remove your profile from our website and you will no longer be able to access the website as a member.

6.16        Your responsibilities as a member. As a member, you must:

(a)        comply with all applicable laws, including, without limitation, data protection and privacy laws and intellectual property laws;

(b)        provide accurate information to us and keep it updated;

(c)         ensure that you have all necessary consents, rights, permissions and approvals to provide, upload or post information and content (including personal data contained therein) in connection with your use of the Services;

(d)        use your real name on your profile; and

(e)        use the Services in a professional manner.

  1. Disclaimers

7.1           General information. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

7.2           No financial promotion. We are not authorised under the Financial Services and Markets Act 2000. Nothing in this website is intended to constitute a financial promotion for the purposes of section 21 of the Financial Services and Markets Act 2000. Nothing in this website is and nothing in this website should be construed as, any offer, or solicitation of any offer, to buy or sell any securities or other financial instruments or engage in any investment activity.

7.3           No endorsement. Please note that we make no representation or endorsement of the quality and services supplied by companies or firms that may be found on this website. Nothing on this website amounts to a personal recommendation or advice on the merits of any transaction or service. Any person seeking such advice should consult a person authorised under the Financial Services and Markets Act 2000 to give such advice.

7.4           Errors. You acknowledge and agree that the website and Services are provided on an “as is” basis and that your use is at your risk. Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete, up-to-date or free from errors or omissions.

  1. Can I link to the website?

8.1           How you link. You may link to our website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

8.2           What you cannot do. You must not:

(a)        establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists;

(b)        establish a link to our website in any website that is not owned by you;

(c)         frame our website on any other website or create a link to any part of our website other than the home page.

8.3           We reserve the right to withdraw linking permission without notice.

8.4           If you wish to make any use of content on our website other than that set out above, please contact info@hollandmountain.com

  1. What about third party links and resources in the website?

9.1           Third party links. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.

9.2           Control over links. We have no control over the contents of those sites or resources (see ‘How do you limit your liability?’ below).

  1. What about viruses?

10.1        No guarantee. We do not guarantee that our website will be secure or free from bugs or viruses.

10.2        Your responsibility. You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.

10.3        What you cannot do. You must not:

(a)        misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;

(b)        attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website;

(c)         attack our website via a denial-of-service attack or a distributed denial-of service attack.

10.4        Breach. By breaching the above restrictions, you may commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

  1. What about our intellectual property rights?

11.1        Our intellectual property rights. We are the owner or the licensee of all intellectual property rights in our website (including the Holland Mountain logo), the material published on it and the Services.  Those works are protected by copyright and trademark laws and treaties around the world. All such rights are reserved.

11.2        What you can do. You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

11.3        What you may not do. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

11.4        Our status. Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

11.5        Use. You must not use any part of the content on our website for commercial purposes without obtaining a
licence to do so from us or our licensors.

11.6        Breach. If you print off, copy or download any part of our website in breach of these Website Terms of Use, your right to use our website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

  1. How do you limit your liability?

12.1        What we cannot do. Nothing in these terms and conditions limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability which cannot be limited or excluded by applicable law.

12.2        What we can do. Subject to clause 12.1, we will under no circumstances whatever be liable to you for any of the following, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the contract:

(a)        any loss of profits, sales, business, or revenue;

(b)        loss or corruption of data, information or software;

(c)         loss of business opportunity;

(d)        loss of anticipated savings;

(e)        any dispute between you and any third party who has or has not engaged you as a result of using our website;

(f)          any dispute between you and any other user in respect of any relationship between you and any other user;

(g)        the conduct of other users as to the use of the website and in any relationship between you and any other user;

(h)        the use of, or inability to use, the Services;

(i)          the suspension or other action taken with respect to your account or breach of these Website Terms of Use;

(j)          any material or content posted on or uploaded to our website or material or content provided to us for use on our website;

(k)         use of or reliance on any content on our website (including, but not limited to, member profiles, any financial information, which is for general information only and does not constitute professional advice, or navigational information which is for general information only);

(l)          any virus, distributed denial-of-service attack, or other technologically harmful material that may infect or adversely affect your computer equipment, computer programs, data or other proprietary material which results from your use or access of the Services or any third-party content accessed directly or indirectly as a result of your use of the Services;

(m)       the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them;

(n)        loss of goodwill; or

(o)        any indirect or consequential loss.

12.3        Our total liability. Subject to clause 12.1, our total liability to you in respect of all losses arising under or in connection with the contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed £1,000,000 (one million pounds).

12.4        No warranty. Except as expressly stated in these Website Terms of Use, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Website Terms of Use by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.

  1. Other important terms

13.1        Changes to these Website Terms of Use. This clause applies to members only. If you are a member and we have to revise those terms relevant to members in our Website Terms of Use, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your use of the Services if you are not happy with the changes.

13.2        We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation but we will tell you about this and this will not affect your rights or our obligations under Website Terms of Use.

13.3        You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.4        Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms except where we have allowed you to transfer your rights in accordance with clause 14.3. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

13.5        If a court finds part of this contract illegal, the rest will continue in force. Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.6        Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.7        Entire agreement. These Website Terms of Use and any document expressly referred to in them constitute the entire agreement between you and us relating to its subject matter and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral.

13.8        No reliance. You acknowledge that in entering into any contract with us pursuant to these Website Terms of Use you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Website Terms of Use or any document expressly referred to in them.

13.9        No claims. You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Website Terms of Use.

  1. Which law applies to these Website Terms of Use?

14.1        These Website Terms of Use, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. In addition, if you are a consumer then please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution Platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

  1. How can I contact you?
    To contact us, please email info@hollandmountain.com
    Thank you for visiting our website.

Last updated 26th May 2016

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