The Fund Incubator Website Terms and Conditions

Please read these terms and conditions carefully before using the site.

Welcome to The Fund Incubator website. If you continue to browse and use this website, you are agreeing to comply with and be bound to the following terms and conditions of use, which together with our privacy policy govern The Fund Incubators’ relationship with you in relation to this website.

If you disagree with any part of these terms and conditions, please do not use our website.

1. Who We Are and How To Contact Us:

1.1. www.thefundincubator.com (our site) is a site operated by The Fund Incubator Limited (“TFI” or “we”), a limited company registered in Scotland with company number SC218683. Our registered office is at 30 Mbm Commercial Orchard Brae House, 30 Queensferry Road. EH4 2HS, Edinburgh, Scotland, EH4 2HS.

1.2. TFI is authorised and regulated by the Financial Conduct Authority (FRN: 208716). Our status permits us to arrange (bring about) deals in investments, make arrangements with a view to transactions in investments, provide investment advice, establish, operate or wind up a collective investment scheme and manage an unauthorised AIF. TFI is only permitted to deal with ‘Eligible Counterparties’ or ‘Professional Clients’. When making its services available to you, you agree that TFI does so on the basis that you are or have requested to be treated as a Eligible Counterparty or Professional Client.

1.3. To contact us, please email barry.lawson@thefundincubator.com or telephone us on 07771292930.

2. There Are Other Terms That May Apply To You:

 2.1. We also have a Privacy & Cookie policy which you may wish to read.

3. We May Make Changes To These Terms And Our Site:

3.1. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

3.2. We may amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at the time.

3.3. We may update and change our site from time to time to reflect changes to our services, our users’ needs and business priorities or to reflect changes in law or regulation.

4. We May Suspend or Withdraw Our Site:

4.1. Our site is made available free of charge.

4.2. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted.

4.3. We may suspend or withdraw or restrict the availability of all or part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

4.4. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and other applicable terms and conditions, and that they comply with them.

5. Use Outside of UK:

5.1. Users located inside and outside the United Kingdom may access and use our site, but we do not represent that content available on or through our site is appropriate for use or available locations outside of the United Kingdom.

5.2 This website should not be regarded as an offer, financial promotion or other inducement and is not intended to market any securities.

5.3 These terms and any disputes or claims in connection with them are governed by English law. You can bring legal proceedings in respect of these terms only in the courts of England and Wales. However, if you are a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in Scotland and Northern Ireland.

6. Intellectual Property Rights:

6.1. We are the owner or the licensee of all intellectual property rights in our site, all such rights are reserved. All copyright, trademarks and other intellectual property rights in or relating to the content of the site belong to us or our licensors.

6.2. This website may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

6.3. You may download extracts of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

6.4. We may allow pages or material on our site to be printed. Not all pages or material on our site will necessarily be available to print or download at all or necessarily be available to all users to print or download. If you do print pages or material from our site, you must not print or create multiple copies. Your right to access or use material on our site may be further restricted by any applicable Service Terms binding on you from time to time.

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

6.6. You must not use any part of the content on our site for commercial purposes (other than your commercial purposes contemplated by the nature of the services for which our site primarily exists) without obtaining a licence to do so from us or our licensors.

6.7. If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (other than any created by you or acquired by you pursuant to any contract entered into by you with another user of the site).

7. Do Not Rely On Information On This Site:

7.1. 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. In particular, but without limitation to, your attention is drawn to the disclaimers below.

7.2. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

7.3. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

7.4. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information meet your specific requirements.

8. Links To Other Websites:

8.1. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

9. How We May Use Your Personal Information:

9.1. We will use your personal information in accordance with our Privacy Policy.

10. We Are Not Responsible For Viruses And You Must Not Introduce Them:

 10.1. We do not guarantee that our site will be secure or free from bugs or viruses.

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

10.3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.

10.4. 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.

10.5.  You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

10.6. 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 a breach, your right to use our site will cease immediately.

11. Rules About Linking To Our Site:

11.1. You may link to our home page provided in all cases you do so with our prior written consent and in a way that is fair and legal and does not damage our reputation or take advantage of it.

11.2. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

11.3. You must not establish a link to our site in any website that is not owned by you.

11.4. Our site must not be framed on any other site, nor may you create a link to any part of our site.

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

11.6. The website in which you are linking must comply in all respects with the standards set out in these terms under the Acceptable Use Policy below in Section 13.

11.7. If you wish to link to or make any use of content on our site other than that set out above, please contact us using the contact details above.

 Acceptable Use Policy

12.1. You may use our site only for lawful purposes. You may not use our site:

• In any way that breaches any applicable local, national or international law or regulation.

• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
• For the purpose of harming or attempting to harm minors in any way.
• To bully, insult, intimidate or humiliate any person.
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• To send, knowingly receive, upload, download, use or re-use any material which:
• Contains any material which is defamatory of any person
• Contains any material which is obscene, offensive, hateful or inflammatory;
• Promotes or contains sexually explicit material;
• Includes child sex abuse material;
• Promotes or incites violence;
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringes the intellectual property rights of any other person;
• Gives the impression that it emanates from us, if this is not the case;
• Contains any advertising or promotes any services or web links to other sites;
• Is likely to deceive any person;
• Promotes any illegal activity;
• Is threatening, abusive or invades another’s privacy, or causes annoyance, inconvenience or needless anxiety;
• Is likely to harass, upset, embarrass, alarm or annoy any other person

You also agree:

• Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of these terms;
• Not to access without authority, interfere with, damage or disrupt;
• any part of our site;
  • any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  • any equipment or network or software owned or used by any third party.

12.2. When we consider that a breach under the Acceptable Use Policy and acceptable use provisions under Interactive Services in these terms has occurred, we may take such action as we deem appropriate.

12.3. Failure to comply with the Acceptable Use Policy and acceptable use provisions under Interactive Services in these terms constitutes a material breach of these terms, and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use our site.
• Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
• Legal proceedings against you including for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

12.4.  The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate. These actions are available to us in addition to any available to us under any applicable Service Terms binding on you

Dated              August 2022