Terms & Conditions

THE INFORMATION OFFERED BY SUN EUROPEAN ON THIS WEBSITE IS SUBJECT TO CERTAIN TERMS AND CONDITIONS.

 

http://www.suneuropeanpartners.com/ is a website owned and operated by Sun European Partners, LLP (the “Website”). We are registered in England and Wales under registered number OC307206 and have our registered office at Mitre House, 12-14 Mitre Street, London, EC3A 5BU. Our VAT number is 843 362 039.

 

We are authorised and regulated by the Financial Conduct Authority.

 

All references to “Sun European”, “our”, “us”, “we” or “company” within these Terms and Conditions are deemed to refer to Sun European Partners, LLP.

 

These terms and conditions (the “Terms and Conditions”) constitute a legally binding agreement between Sun European and you, the user of this Website.  By accessing or using this Website you acknowledge your acceptance of, and agreement to be bound by, all of the Terms and Conditions stated herein and all additional terms incorporated by reference herein.  If you do not agree to these Terms and Conditions, please do not access or use this Website. We recommend that you print a copy of these terms for future reference.

 

We reserve the right to amend these Terms and Conditions at any time and for any reason, in our sole discretion, without notice, by updating these Terms and Conditions.  Your continued access or use of this Website following the posting of changes to these Terms and Conditions means that you accept such revisions, changes, and/or amendments.  If you object to any of the changes to these Terms and Conditions, please stop accessing and using this Website.  Please check this page frequently and review any changes to these Terms and Conditions carefully so you are aware of any changes, as they are binding on you.

 

You also acknowledge and agree that, unless we specifically provide otherwise, these Terms and Conditions apply only to this Website and our online activities through this Website, and such Terms and Conditions do not apply to any of our other online or offline activities.

 

Any use of this Website in a manner inconsistent with these Terms and Conditions is deemed unauthorised access and may subject the user to civil or criminal penalties.  We strongly recommend that you periodically visit this page of this Website to review these Terms and Conditions.

 

1. USE OF SITE
This Website is intended solely for the purpose of evaluating a potential or existing business relationship with Sun European and for general informational purposes. It is not intended to amount to advice on which you should rely. You agree that you will not use this Website for chain letters, junk mail, ‘spamming,’ solicitations (commercial or non-commercial), or bulk communications of any kind, including distribution lists to any person who has not given specific permission to be included in such a list.

 

This Website is not intended to provide legal, business, tax, accounting, investment, financial, or any other advice.  You agree not to construe any of the any of the content, information, or materials (including any data, text, images, video, audio, strategies, policies, business plans, research, or concepts) contained on or available through this Website (collectively, the “Content”) provided in connection with this Website as legal, business, tax, accounting, investment, financial, or any other advice.  You agree that the Content does not, and shall not be deemed to, constitute an offer to sell, solicitation of an offer to buy, or a recommendation of, any security of any company, entity, or business to you or any other person by Sun European or any recommendation of any security of any company, entity, or business to you or any other person by Sun European of any third party.  In addition, you acknowledge and agree that all Content is published without consideration of your individual circumstances, financial, or otherwise.  Accordingly, you agree that you are solely responsible for any investment decisions or other determinations made, including the evaluation of any investment or other risks, with respect to any of the Content.  You agree to consult your own professional advisors as to any legal, business, tax, accounting, investment, financial, or any other advice regarding Content.

 

In any event, past performance is not a guarantee of future results and it should not be assumed that similar results will be achieved.  Representative investments included on this Website are not to be considered a complete list of all investments.  Sun European does not solicit or make its investment advisory services available to the public.

 

2. TERMINATION; LOSS OF USE
In addition to all rights and remedies available to Sun European under applicable law, Sun European reserves the right, in its sole discretion, to immediately, without notice, suspend or terminate your ability to access or use this Website.

 

Sun European reserves the right to withdraw or amend this Website, and any Content, in our sole discretion, without notice.  Sun European will not be liable if, for any reason, all or any part of this Website is unavailable at any time or for any period.

 

3. RESTRICTED USE OF SITE MATERIALS
Any use of Content is for your personal use only.  You may not download or modify this Website, or any portion thereof, except with prior express written consent of Sun European.  You may not resell or make any commercial use of this Website or any Content, make any derivative use of this Website or any Content, or use any data mining, robots, or similar data gathering and extraction tools.  You also may not distribute Content from this Website to others, include Content on another Website, on a server computer, or in documents, including “mirroring” Content and to displaying the information by means of HTML frames or similar means, or modify or re-use any Content.

 

4. OWNERSHIP
The trade names, trademarks, service marks, trade dress, logos, and other indicia of source, including Sun European’s logo and the Sun European trademark (collectively, the “Marks”) found on this Website and Content are proprietary to Sun European or its licensors and are protected by intellectual property rights and competition and other laws.  As between you and Sun European, Sun European is the owner of all Marks and Content.  You acknowledge and agree that you may not use, copy or distribute any portion of this Website (including Marks and Content) in any manner, or for any purpose, without Sun European’s prior express written permission, except as provided herein.

 

You acknowledge and agree that you may not use any Mark or Content without the express written permission of Sun European, and nothing contained in these Terms and Conditions or anywhere on this Website shall be construed as granting to you any license or right to any Mark or Content.  Sun European will aggressively enforce its intellectual property rights to the full extent of the law.  Your use of any of the Marks or Content is prohibited unless specifically permitted in writing by Sun European.  Any unauthorised use of the Marks or Content may subject you to penalties or damages, including those related to violation of trademarks, service marks, copyrights, privacy, and publicity rights.

 

5. LINKING, POSTING AND TRANSMITTING
You acknowledge and agree that you will not link to, post on, or transmit to this Website, any pornographic, obscene, profane, defamatory, libelous, threatening, unlawful, or other material which could constitute or encourage unlawful conduct that may be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. Notwithstanding the fact that Sun European, or other parties involved in creating, producing, or delivering this Website, may monitor or review any transmissions to or use of this Website, Sun European and all parties involved in such creation, production, or delivery, assume no responsibility or liability which may arise from such monitoring or review or any Content, including claims for defamation, libel, slander, obscenity, pornography, profanity, or misrepresentation.

 

This Website may contain links or references to other sites outside of our control (“Third Party Websites“).  You acknowledge and agree that Sun European is not, directly or indirectly, making or implying any approval, association, sponsorship, endorsement, or affiliation with such Third Party Websites, unless specifically stated herein.  By entering this Website you acknowledge and agree that Sun European has not reviewed all such Third Party Websites and is not responsible for any content, information, or materials (including any data, text, images, video, audio, strategies, policies, business plans, research, or concepts) contained on or provided through such Third Party Websites, or the appropriateness, functionality, decency, legality, accuracy, or any other aspect of such Third Party Websites.  Your linking to any Third Party Website is at your own risk.  Sun European does not make, and hereby disclaims, all representations or warranties of any kind with respect to any Third Party Websites or any such content, information, or materials.  If you have any questions regarding a Third Party Website, please direct them to the administrator of the relevant site.  Sun European reserves the right to terminate any link at any time.

 

6. WARNING REGARDING WEB FRAUD AND PHISHING
It is possible that Sun European’s name and brand (including the Marks) may be used without permission by persons who fraudulently publish fake websites or conduct “phishing” or other scams seeking personal or confidential information from you.

 

When sending or receiving communications with Sun European:

  1. Confirm that the website you are visiting is a website authorised by Sun European and that the persons with whom you are communicating are authorised Sun European personnel.
  2. Certain Sun European websites are private and available only to clients through secure login procedures. Sun European will never ask you for your login information or password (except for providing you with the ability enter such name and password to access such secure login).  Do not share your password and login information with anyone, including anyone from Sun European.
  3. All of our authorised office locations are listed on our “Contact” page. Do not communicate with personnel who are not affiliated with an authorised Sun European office.
  4. Sun European only uses “@suncappart.com” for e-mail addresses. When sending Sun European-related emails, send such emails only to authorised Sun European e-mail addresses.

7. DISCLAIMERS
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or guarantee, whether express or implied, that the content on our Website is accurate, complete or up to date.

 

THIS WEBSITE AND ALL CONTENT IS PROVIDED TO YOU “AS IS” AND WITHOUT (TO THE EXTENT PERMITTED BY LAW) ANY WARRANTIES, CLAIMS, OR REPRESENTATIONS OF ANY KIND  MADE BY SUN EUROPEAN OR ANY OF ITS AFFILIATES OR ANY OF ITS OR ITS AFFILIATES RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISERS OR SHAREHOLDERS.  SUN EUROPEAN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,  INCLUDING WARRANTIES RELATING TO QUALITY,  MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AS WELL AS ANY REPRESENTATIONS OR WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE, IN EACH CASE, TO THE FULLEST EXTENT PERMITTED BY LAW.  TO THE FULLEST EXTENT PERMITTED BY LAW, SUN EUROPEAN ALSO DISCLAIMS ANY WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS WEBSITE OR THE CONTENT.

 

8. LIMITATIONS ON LIABILITY
Sun European does not assume any liability or responsibility for this Website or the Content.  You acknowledge and agree that your use of this Website is at your own risk and that neither Sun European nor any of its affiliates nor any of its or its affiliates respective members, directors, officers, employees, agents, advisers or shareholders nor any of the parties involved in creating, producing, or delivering this Website or any Content is liable to you or anyone else for any claim of any nature whatsoever based on: (i) this Website or the Content, including any decision made or action taken in reliance of the Content or any feature of this Website; or (ii) your breach of any of the provisions of these Terms and Conditions.

 

In no event shall (to the fullest extent permitted by applicable law)  Sun European and/or any of its affiliates or any of its or its affiliates respective members, directors, officers, employees, agents, advisers or shareholders, be liable for any damages or losses, including any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, lost revenues, lost profits, loss of business, business opportunity, goodwill or reputation, loss of data, or any other losses, liabilities, obligations, damages, claims, demands, actions, costs, and/or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through your access or use of this Website or any Content, or through your downloading of any Content, including anything caused by any viruses, bugs, human action or inaction, or any computer system, phone line, hardware, software, or program malfunctions, or any other errors, failures, or delays in computer transmissions or network connections, regardless of the theory of liability, whether tort (including negligence of any kind), contract, strict liability, or any other legal or equitable theory.  Notwithstanding anything to the contrary herein, our sole and exclusive liability for any reason to you, and your sole and exclusive remedy, is to stop using this Website.

 

Notwithstanding anything herein to the contrary, Sun European’s cumulative liability to you and any third party for any loss, cost or damage resulting from any claims, demands, or actions arising out of or relating to these Terms and Conditions and/or use of the Content shall not exceed £100.

 

9. INDEMNITY
You agree that you will be solely responsible for, and that you will indemnify, defend, and hold harmless Sun European and its affiliates and its and its affiliates respective members, directors, officers, employees, agents, advisers, shareholders, representatives, licensors, and third party contract counterparties, from and against any and all losses, liabilities, obligations, damages, claims, demands, suits, proceedings, actions, judgments, costs, and/or expenses of any kind (including legal fees, expert fees, and other disbursements), whether or not in connection with third party claims, incurred by or against such persons or entities which may arise, directly or indirectly, from your access to or use of this Website or any Content, your downloading of any Content from this Website, your violation of these Terms and Conditions, and/or your violation of any rights of any third party.  Sun European reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification, but you must still indemnify Sun European and its affiliates and its and its affiliates respective members, directors, officers, employees, agents, advisers, shareholders, representatives, licensors, and third party contract counterparties for any and all losses, liabilities, obligations, damages, claims, demands, suits, proceedings, actions, judgments, costs, and/or expenses of any kind (including legal fees, expert fees, and other disbursements).  You agree to provide Sun European with whatever cooperation it reasonably requests.

 

10. APPLICABLE LAW AND JURISDICTION
By accessing or using this Website, you agree that the laws of the England and Wales, without regard to principles of conflict of laws, will govern these Terms and Conditions and our Privacy Policy, and any dispute of any sort that may arise between you and Sun European.  Except as set forth below in Section 11 (Arbitration), you hereby consent to the exclusive jurisdiction of England and Wales for the purpose of resolving any dispute relating to your access or use of this Website Sun European and you consent to exclusive jurisdiction and venue in such courts.  For the avoidance of doubt, Sun European shall have the right to enforce any order or judgement of any court or arbitral panel in any court, including courts other than England and Wales.

 

11.  ARBITRATION
By accessing or using this Website, you agree that Sun European may, in its sole discretion, require you to submit any dispute of any sort that may arise between you and Sun European, including disputes in connection with these Terms and Conditions or our Privacy Policy, to final and binding arbitration under the London Court of International Arbitration mediation  rules for the purpose or resolving any dispute relating to your access or use of this Website.  The seat, or legal place of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. Notwithstanding these rules, such proceeding shall be governed by the laws of England and Wales.

 

12. USER SUBMISSIONS; EMAIL COMMUNICATION
You acknowledge and agree that any communication, content, material, or information you transmit to this Website or to Sun European, in any manner or for any reason, will not be treated as confidential or proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.  Sun European does not accept unsolicited business plans or proposals and you agree not to submit such materials.

 

When you use this Website, or send e-mails or other communications from your desktop or mobile device to us, you are communicating with us electronically.  You consent to receive communications from us electronically.  We will communicate with you in a variety of ways, such as by e-mail or by posting notices and messages on or through this Website.  You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

13. PRIVACY POLICY
You acknowledge and agree to be bound by our Privacy Policy, 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

 

14. MISCELLANEOUS
You may not assign or otherwise transfer these Terms and Conditions, or any of your rights or obligations hereunder, without Sun European’s prior written consent, and any attempted assignment or other transfer in violation of this provision shall be null and void.

 

Nothing in these Terms and Conditions may be used to construe you and Sun European as joint venturers, co-employers, partners, or agents of each other, and neither you nor Sun European has the power to obligate or bind the other in any way whatsoever.

 

If any of these Terms and Conditions are deemed invalid, void, or unenforceable, such term or condition shall be deemed severable and shall not affect the validity or enforceability of the remaining Terms and Conditions, and such invalid, void, or unenforceable provision shall be deemed to be replaced by a provision that is valid and enforceable and corresponds as close as possible with the intent of the invalid, void, or unenforceable provision.

 

The failure of Sun European at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.  No waiver in connection with these Terms and Conditions shall be effective unless it is in writing and signed by the party granting such waiver.

 

The terms and conditions set forth in these Terms and Conditions, and each agreement included or referred to in these Terms and Conditions, constitutes the final, complete, and exclusive agreement with respect to the subject matter hereof and may not be contradicted, explained, or supplemented by evidence of any prior agreement, any contemporaneous oral agreement, or any inconsistent additional terms.

 

Headings and captions throughout these Terms and Conditions are for convenience only and should not be considered part of these Terms and Conditions.  The word “including” means “including without limitation.”

 

15. CONTACT US
If you have any questions or concerns about these Terms and Conditions, please contact Amy Duffin (European Marketing Communications Manager) or Antony Levinson (Senior Vice President and Corporate Counsel) at:

 

Sun European Partners, LLP
2 Park Street, 1st Floor
London W1K 2HX
+44 (0) 207 318 1100