Terms of Use
Introduction
This site is operated by Exergy Capital Management LLP (“Exergy”, “we”, or “us”). Exergy is a limited liability company registered in England and Wales with number OC417195. Its registered office is at 16 Old Bailey, London EC4M 7EG, England.
By using this site, you are agreeing to these terms and conditions of use (the “Terms”). If you do not agree with any of the Terms then you should not use this site. Exergy may change the Terms at any time without further notice to you, and you are responsible for periodically reviewing the Terms for updates. Your continued use of this site constitutes agreement by you to all such changes. This site is not intended for any person in any jurisdiction where Exergy would become subject to licence or registration regulations of that jurisdiction, or the publication or availability of the contents is prohibited.
Description of this site
The sole purpose of this site is to provide information about Exergy. This site is made available free of charge. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Intellectual Property
None of Exergy, its members or employees makes any representations or warranties regarding this site or its contents (including but not limited to, with respect to accuracy, adequacy, reliability, timeliness, completeness or suitability) and all contents are provided “as is”. Exergy, to the fullest extent permitted by law, expressly disclaims all representations and warranties, express or implied, as to this site and its contents, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and availability. Exergy also disclaims liability for errors and omissions in this site and its contents.
No Warranty
None of Exergy or any of its members or employees makes any representations or warranties regarding this site or its contents (including but not limited to, with respect to accuracy, adequacy, reliability, timeliness, completeness or suitability) and all contents are provided “as is”. Exergy, to the fullest extent permitted by law, expressly disclaim all representations and warranties, express or implied, as to this site and its contents, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement and availability. Exergy also disclaims liability for errors and omissions in this site and its contents.
Liability and Indemnity
In no event shall Exergy or any of its members or employees be liable for any claims, liabilities, losses, injury, disappointment, costs or damages of any kind, including (i) direct, indirect, consequential, punitive, exemplary, incidental or special losses or (ii) loss of profit, loss of business, business interruption, loss of business opportunity or loss of data arising out of or in any way connected with (a) your use of or inability to access and/or use this site, (b) the contents of this site or (c) the contents of any third party sites linked or linking to this site. The foregoing applies even if Exergy or any of its members or employees have been advised of the possibility of such claims, liabilities, losses, costs or damages or could have foreseen them. Exergy and its members and employees shall not be responsible for any failure by you or any third party to comply with these terms or with applicable law. If any part of this term is unenforceable under applicable law, the aggregate liability of Exergy, its members and employees will be limited to the maximum extent permitted by such law and shall in no event exceed £100.
Your sole remedy for dissatisfaction with your use of this site is to cease using this site.
You agree, at your own expense, to indemnify, defend and hold Exergy and its members and employees harmless from and against any claims, liabilities, losses, costs or damages of any kind (including any legal fees and costs) suffered or incurred by these parties in connection with any claim arising out of any breach of these terms by you. You shall cooperate as fully as reasonably required or requested in the defence of any such claim. Exergy may, at its own expense, assume the exclusive defence and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Exergy.
Third Party Sites
Exergy is not responsible for the contents of any third-party sites linked or linking to this site and disclaims all liability arising from your use of or reliance on such sites, their contents and any products and services referred to on such sites. Your use of any such sites is at your own risk. Exergy’s inclusion of links to third party sites does not imply any endorsement of any kind by Exergy of such third parties, their sites or their products or services.
Prohibited Acts
You must not use any data mining, robots or similar data gathering or extraction programs or methods, whether automated or manual, to access, acquire, copy or monitor any portion of this site or any of its contents.
You must not misuse this site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to this site, the server on which it is stored or any server, computer or database connected to this site. You must not attack this site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. Exergy will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use this site will cease immediately.
Cookies
Exergy may collect information about your computer, including where available your IP address, the company name from which you are browsing our website, operating system and browser type. This is purely data about types of users, browsing actions and patterns, and does not identify any individual unless they provide us with their details. For the same reason, Exergy may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. 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 our site. They help us to improve our site and to deliver a better and more personalised service. They enable us:
- To estimate our audience size and usage pattern.
- To store information about your preferences, and so allow us to customise our site according to your individual interests.
- To speed up your searches.
- To recognise you when you return to our site.
Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our site. Please note that our partners may also use cookies, over which we have no control.
General
A failure by Exergy to enforce a provision of these terms or act on a breach or default by you does not constitute a waiver of any of Exergy’s rights or remedies.
These terms constitute the entire agreement between Exergy and you with respect of your use of this site and they supersede all prior or contemporaneous communications, agreements and understandings between Exergy and you with respect to the subject matter hereof.
These terms are governed by and shall be construed in accordance with the laws of England and Wales. You agree that the Courts of England shall have exclusive jurisdiction over any disputes arising in relation to use and browsing of this site.
Please contact us with any questions about these terms or the contents of this site.