This notice (the "Legal Notice") sets out the terms and conditions on which you may make use of this website (the "Site"). Please read these terms carefully before you start to use this Site. By using this Site, you indicate that you accept the terms and that you agree to abide by them. If you do not agree to the terms, please refrain from using this Site.
In this Legal Notice the "Company" means TOC Property Backed Lending Trust plc.
This Site is directed at persons who access it from within the United Kingdom. The products and services mentioned on this Site are subject to legal and regulatory requirements in various jurisdictions and may not be available in all jurisdictions. The Company cannot guarantee that this Site, or the information herein, complies with the local laws or regulations of, or is appropriate for use in, any other jurisdiction from which it can be accessed. If you choose to access this Site from a jurisdiction other than the United Kingdom you do so at your own risk and the Company will not be liable for any breach of local law or regulation that you commit as a result of doing so.
Shares in the Company have not been and will not be registered under the United States Securities Act of 1933 (as amended, the "Securities Act") or with any securities regulatory authority of any state or other jurisdiction of the United States and, subject to certain exceptions, may not be offered or sold within the United States or to, or for the account or benefit of, US Persons (within the meaning of Regulation S under the Securities Act. The Company has not been and will not be registered as an "investment company" under the United States Investment Company Act of 1940 and any investors will not be entitled to the benefits of such Act.
Subject to certain exceptions, the securities referred to herein and on the pages that follow may not be offered, sold, resold, taken up, exercised, renounced, transferred, delivered or distributed, directly or indirectly, in Australia, Canada, Japan, the Republic of South Africa or any jurisdiction where to do so would constitute a violation of the relevant laws or regulations of such jurisdiction or to any resident or citizen of Australia, Canada, Japan or the Republic of South Africa.
The information in this Site does not constitute an offer or solicitation of an offer to buy or sell any shares or securities or the provision of investment management, advisory or other services or to engage in any investment activity in any jurisdiction where such activity would be contrary to local law or regulation. Persons in jurisdictions where these activities are restricted or prohibited must not access or use this Site. It is your responsibility to be aware of and comply with any relevant laws or regulations applicable in your jurisdiction.
Website Contents and Changes to Information
Whilst the Company has taken all reasonable care to ensure that information on this Site is accurate and complete at the date of its publication, the Company cannot guarantee the adequacy, accuracy or completeness of such information. The information contained on this Site is subject to change at any time, without notice. The views expressed in this Site are the opinions of the Company and such opinions are subject to change without notice.
Website Access and Availability
The Company reserves the right to withdraw or amend the service provided by the Site at any time. The Company does not accept responsibility as to the operation, functionality or availability of this Site, or warrant that the use of the Site will be free from delay, interruption, interception or error.
You must not misuse this 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 this Site, the server on which the Site 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 may commit a criminal offence under the Computer Misuse Act 1990. The Company may report any breach of this provision to the relevant authorities and will cooperate with them in any investigation, including by disclosing your identity. In the event of such a breach, your right to use this Site will cease immediately.
The Company will take reasonable precautions to ensure the security of this Site. However, the Company 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 material due to your use of this Site or to your downloading material posted on it.
Information about the Company
You may obtain copies of the prospectus published by the Company on 12 January 2017 and the annual and interim report and accounts issued by the Company from time to time free of charge by contacting the Company at Keel House, Garth Heads, Newcastle-upon-Tyne, NE1 2JE or these can be downloaded directly from this Site once they are available.
Documents published on the Site are only true, complete and accurate as at the date of their respective publication and the Company undertakes no obligation publicly or otherwise to update or review the information contained therein.
The Company does not provide financial, investment, tax or other advice. If you are unsure as to whether an investment in the Company is suitable for you, you should seek your own professional advice.
Please refer to the prospectus of the Company published on 12 January 2017 for a fuller description of the risks of investing in the Company. The Company may not be suitable for all investors.
It should not be assumed that an investment into the Company will be profitable. Past performance is not necessarily a guide to future performance. The value of investments and the income from them may fall as well as rise, may be affected by changes in rates of exchange, and you may not get back the amount of your original investment.
The Company makes no representations or warranties as to the accuracy or completeness of any past, simulated or estimated performance results contained herein, and further nothing contained herein shall be relied upon as a promise by, or representation by, the Company whether as to past or future performance results.
Certain materials on this Site contain statements, beliefs and opinions which are forward-looking and reflect current expectations and projections about future events as to the date of the materials. By their nature, forward-looking statements involve a number of risks, uncertainties and assumptions that could cause actual results or events to differ materially from those expressed or implied by forward-looking statements which could adversely affect the outcome and financial effects of the plans and events described herein.
Data Protection and Privacy
The Company is committed to protecting the confidentiality and security of your personal information. However, the internet is not a secure medium and whilst the Company takes reasonable precautions to protect any personal information transmitted through this Site, it does not guarantee or warrant the security of such personal information. The Company does not accept any responsibility for unauthorised access by a third party or the corruption of data sent to it.
Intellectual Property Rights
The Company is the owner and the licensee of all intellectual property rights contained within this Site and in the material published on it. These works are protected by copyright laws. All such rights are reserved. Except as expressly provided herein, nothing in this Site should be considered as granting any licence or right to any intellectual property rights of the Company or any third party.
You may download or print out a hard copy of pages from this Site or the material made available on it for your personal reference. However you must not sell, publish, transfer or make any copy of the material on this Site for public or commercial use without the Company's prior written consent. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way.
Links from this Site
Where this Site contains links to other sites and resources provided by third parties, these links are provided for your information only. The Company has no control over the contents of these sites or resources and accepts no responsibility for them or for any loss or damage that may arise to you from your use of them.
The Company has the right to terminate your access to this Site at any time on giving notice to you and in any event if you commit any breach of these terms and conditions. The Company shall have no liability to you for such termination. In the event that your access to this Site is terminated, the remaining provisions of this Legal Notice will continue to apply.
Limitation of Liability
Although the Company endeavours to update and ensure the accuracy of the content placed on its Site, the Company excludes all representations, warranties, conditions and other terms, either express or implied, as to the accuracy and completeness of the information on this Site, or its fitness for any purpose whatsoever. In particular, but without prejudice to the generality of the foregoing, the Company does not warrant or guarantee that this Site, its operation of this Site, the content of this Site or the server that makes this Site available are error or virus free or free of other harmful components or that your use of this Site and its content will be uninterrupted.
In any event, save as provided below, neither the Company or any of its members, officers or employees, nor any third party vendor, will be liable or have any responsibility of any kind for any direct, indirect, special, incidental or consequential loss or damage (whether arising in contract, tort or otherwise) that you incur in the event of any failure or interruption of this Site, or resulting from the act or omission of any other party involved in making this Site or the data contained in it available to you, or from any other cause relating to your access to, inability to access, or use of the Site or the materials contained on this Site whether or not the circumstances giving rise to such cause may have been within the control of the Company, or of any vendor providing software or services support.
Nothing in this Legal Notice shall restrict or exclude any liability that the Company has to any party that cannot be excluded by law.
You shall indemnify the Company from and against all actions, claims, proceedings, costs and damages (including any damages or compensation paid by us on the advice of our legal advisors to compromise or settle any claim) and all legal costs or expenses arising out of your use of the Site and any breach by you of any terms and conditions contained in this Legal Notice.
Amendments to these Terms
Governing Law & Other Legal Provisions
These terms and conditions shall be governed by and construed in accordance with the laws of England without regard to conflicts of law principles. The English courts will have the exclusive jurisdiction over any claim arising from or related to this Site. No failure of either party to enforce any of its rights under this Legal Notice will act as a waiver of such rights. If any portion of any provision of this Legal Notice is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this Legal Notice shall remain in full force and effect.