WEBSITE TERMS OF USE (the “Website Terms of Use”)

Last updated May 2022

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

These Website Terms of Use describe the rules for using our website www.northpeakadvisory.com (“our site”), and constitute an agreement for use of our services.

About us

The website www.northpeakadvisory.com is a site operated by NorthPeak Advisory Ltd (also referred to as “we” or “us”).

We are registered in the United Kingdom, under the company number: 12490660, with the registered office address at 30-32 Gildredge Rd, Eastbourne, BN21 SH, United Kingdom. We work in a close partnership with our associated partners, NorthPeak Governance and Global North Partners (the “Associated Partners”).

To contact us, please email: info@northpeakadvisory.com

By using our site you accept these Website Terms of Use

By using our site, you confirm that you accept our Website Terms of Use and that you agree to comply with them.

If you do not agree to our Website Terms of Use, you must not use our site.

We recommend that you print a copy of these Website Terms of Use for future reference.

There are other terms that may apply to you

Our Website Terms of Use refer to the following additional terms, which also apply to your use of our site:

·         Our Privacy Notice, which sets out how we deal with personal information of individuals who visit our site.

·         Our Cookies Notice, which sets out information about the cookies on our site.

Please note that if you purchase services from us, our letters of engagement, as applicable to our advisory services we agree to provide to you, will apply to the services.

We may make changes to these Website Terms of Use

We amend our Website Terms of Use from time to time and the revised version will be effective at the time we post it, unless otherwise noted. Every time you wish to use our site, please check our Website Terms of Use to ensure you understand the terms that apply at that time. These Website Terms of Use were most recently updated in May 2022.

We may make changes to our site

We may update and change our site from time to time to reflect changes to our services, our users' needs and our business priorities or for any other reason that may be required, or we believe necessary, in particular with respect to any specific regulatory requirements applicable to our business or the principal.

Where you have engaged us in a provision of services or paid for our services, we will endeavour  to give you reasonable notice of any major changes that would impact your access to our site.

We may suspend or withdraw our site

Our 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.

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

We may transfer this agreement to someone else

These Website Terms of Use constitute an agreement between you and us. We may transfer our rights and obligations under these Website Terms of Use to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Website Terms of Use.

Availability or appropriateness of our site

Our site is directed to professional clients (clients that are either a per se professional clients or elective professional clients) and eligible counterparties, each within the meaning given to such terms in the FCA’s handbook or rules and guidance (the “FCA Rules”).

We do not represent that content available on or through our site is appropriate for use or available in other locations.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it.  Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and 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.

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.

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

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

If you print off, copy or download any part of our site in breach of these Website Terms of Use, 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.

Do not rely on information on this site

The content on our site 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 site.

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.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, including our Associated Partners, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

You must keep your account details safe

If you choose, or you are provided with, a user identification code (“user-ID”), password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user-ID or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Website Terms of Use.

If you know or suspect that anyone other than you know your user-ID or password, you must promptly notify us at info@northpeakadvisory.com.

User-generated content is not approved by us

Our site may include information and materials uploaded by other users of the site, including to bulletin boards, chat rooms or various networking groups or forums. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on info@northpeakadvisory.com.

Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

·         use of, or inability to use, our site; or

·         use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

·         loss of profits, sales, business, or revenue;

·         business interruption;

·         loss of anticipated savings;

·         loss of business opportunity, goodwill or reputation; or

·         any indirect or consequential loss or damage.

How we may use your personal information

We will only use your personal information as set out in our Privacy Notice

 We are not responsible for viruses and you must not introduce them

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

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

You must not misuse our 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 our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. 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.

Rules about linking to our site

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

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.

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

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

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our acceptable use policy as applicable.

If you wish to link to or make any use of content on our site other than that set out above, please contact info@northpeakadvisory.com

Governing law and jurisdiction

These Website Terms of Use, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.