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By accessing or using the www.valerianfunds.com website (“our site”), the Valerian Capital (UK) Ltd. service, or any applications made available by Valerian Capital (UK) Ltd. (together, the “Service”), however accessed, you agree to be bound by these terms of use (“Terms of Use”).
The Service is owned or controlled by Valerian Capital (UK) Ltd. (“Valerian”).
“Confidential Information”- means all documentation, technical information, software, business information, feedback, pricing, reports, trade secrets or know how or other materials of a confidential nature disclosed by one party to the other party and in connection with this agreement;
“Online Application Process” – means the Advance application process completed on our site by you and set out here.
“Registration Information”- means the information required in the Online Application Process and any follow–up or further information requested from time to time;
“Services” – means the application process for, and provision of, a Valerian Advance and any other services provided by us from time to time;
“Verification Documentation” – means VAT or tax number, Certificate of Incorporation, passports and the like required by us to verify your Registration Information and identity; and
“you”, “your” – means the company set out in the Online Application Process.
2.1 These Terms of Use (together with the documents referred to in it) set out the terms and conditions on which you may make use of our site, whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to access our Services.
2.2 Please read these Terms of Use carefully before you start to use our site, as these will govern your use of it.
2.3 By using our site and/or Services, you confirm that you accept these Terms of Use and that you agree to comply with them.
2.4 If you do not agree to these Terms of Use, you must not use our site or Services.
2.5 In addition to these Terms of Use you may enter other agreements with us such as our Valerian Advance Agreement. If there is any conflict between these Terms of Use and such other agreement, the latter will take precedence.
2.6 These Terms of Use, the Valerian Advance Agreement and any other documents or communications relevant to the Services will be provided to you electronically and it is a condition of your use of the Services that you accept them in that format.
You further accept that all such documentation is “in writing” for the purposes of the European Communities (Directive 2000/31/EC) Regulations 2003 or similar in another jurisdiction.
2.7 We recommend that you print a copy of all documentation received from us for future reference.
These Terms of Use refer to the following additional terms, which also apply to your use of our site:
www.valerianfunds.com is a site operated by Valerian Capital (UK) Ltd, trading as “Valerian” (“we” or “us”). We are registered in the United Kingdom under company number 13071068 and we have our registered office at 80-83 Long Lane, London, EC1A 9ET, London UK.
5.1 We may revise these Terms of Use at any time by amending this page and will notify you of this accordingly. If you continue to use our site after any changes or revisions to these Terms of Use, this will indicate your agreement with the revised Terms of Use.
5.2 Please check this page from time to time to take notice of any changes we make, as they are binding on you.
6.1 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
6.2 We do not guarantee that our site, or any content on it, will be free from errors or omissions.
7.1 Our site is made available free of charge, on an “as is” and “as available” basis.
7.2 We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
7.3 You are responsible for making all arrangements necessary for you to have access to our site.
7.4 You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
8.1 To use our Services you must register on our site. You will be asked to set a password as part of our security procedures; you must treat this password as confidential. You must not disclose it or your other login details to any third party.
8.2 We have the right to disable any 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 Terms of Use.
8.3 If you know or suspect that anyone other than you knows your user login details or password, or if you see any unauthorised activity or transaction using your login you must promptly notify us at [email protected].
9.1 To access our Services we will require you to provide the Registration Information on the Online Application Process and as otherwise requested from time to time. You will also be required to provide us with access to your accounts with third party services (including, but not limited to, Adwords, Facebook, Google Analytics, Stripe and such other accounts as may be required from time to time). You must also provide such Verification Documentation as we require. We may also require particular information to comply with our obligations under the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 and 2013.
9.2 You will keep this updated throughout the period you are a client of ours. You acknowledge that a failure to do so may adversely affect our ability to provide the Services to you.
9.3 We may also need to make enquiries about you and your company such as credit checks, identity confirmation and the like. You hereby authorise us to make any checks necessary to enable us to provide the Services to you.
9.4 If we cannot make the verifications required we may refuse or discontinue your use of the Services.
9.5 You will indemnify us against any loss we suffer as a result of your failure to comply with this clause 9.
9.6 We may use your non-identifiable business data for use in benchmarking or similar endeavours to improve our Services for you and other users.
9.7 In the event that your application to use our Services is unsuccessful, we will retain (i) yourRegistration Information, (ii) access to your accounts with third party services (as detailed in clause 9.1) and (iii) Verification Documentation for a period of two years, in case your circumstances change and you become a suitable candidate for our Services or you have any queries.
In addition, we may use your non-identifiable business data for use in benchmarking.
If you do not consent to any of the uses outlined in this clause 9.7 you should notify us at [email protected].
10.1 By providing your content to us in accordance with clause 9 you hereby grant us a non-exclusive, perpetual, royalty free licence to use that content for the purposes of providing the Services.
10.2 You agree that we may disclose such content to third parties who work with us to provide the Services, such as (by way of example only) financial institutions and reference agencies.
10.3 Any personal data which you provide to us is done on a controller to controller basis, and our use of it will be governed by the Privacy Policy.
11.1 Each Party (“Receiving Party”) acknowledges that in the course of performing its duties under this Agreement, it may obtain Confidential Information from the other Party (“Disclosing Party”).
11.2 The Receiving Party will treat all Confidential Information as secret, confidential, and proprietary, and will not disclose or use the same without the prior written consent of the Disclosing Party, other than to the Receiving Party’s employees and contractors on a need to know basis for the purpose of performing its obligations under this agreement, or as required by law. The Receiving Party will implement such procedures as it considers reasonably necessary to prevent the intentional or negligent disclosure to any third party of any Confidential Information.
Notwithstanding the foregoing, nothing in this agreement will prevent the disclosure by the Receiving Party or its employees of information that:
(a) prior to its disclosure to the Receiving Party, was of general public knowledge;
(b) becomes, subsequent to its disclosure to the Receiving Party, a matter of general public knowledge other than as a consequence of a breach by the Receiving Party of any obligation under this Agreement;
(c) is made public by the Disclosing Party; or
12.1 You hereby warrant and represent that:
12.2 You warrant that you have the required authority on behalf of the company to make use of the Services and to enter into any agreements in connection with them and that the criteria set out in clause 12.1 are all true in respect of your company.
12.3 You understand that meeting all of the criteria in clause 12.1 does not mean that you will be automatically entitled to receive the Services
13.1 The promotion of the Services on our site, the completion of an online application by you, meeting the qualification criteria in clause 12, or any subsequent communication from us does not oblige us to provide any Services to you. All Services are provided at our sole discretion.
13.2 You are solely responsible for determining the suitability of the Services for your use. You assume sole responsibility for results obtained from the use of the site and the Services.
13.3 Before applying for or accepting any Services you should take independent legal, financial and tax advice.
13.4 All warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms of Use.
14.1 We are the owner or the licensee of all intellectual property rights in our site, in the material published on it and the Services. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
14.2 You may print off a reasonable number of copies, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site.
14.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in anyway, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
14.4 Our status and that of any identified contributors, as the authors of content on our site must always be acknowledged.
14.5 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.
14.6 If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site and Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
15.1 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.
15.2 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.
16.1 If you breach any provision of these Terms of Use we may:
16.2 You hereby indemnify, hold harmless, and defend us, our officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorney’s’ fees and expenses) incurred in connection with any claim related to:
17.1 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
17.2 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:
17.3 Subject to clause 16.1, we will not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for:
17.4 Subject to clause 16.1, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise, arising in connection with the operation of this site, or performance or contemplated performance of the Services, will be limited in any 12 month period (the first of which will commence on the date you first register on the site and subsequently on each anniversary thereof) to an amount equal to any fees paid by you to us during that 12 month period.
17.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
17.6 We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
18.1 We do not guarantee that our site will be secure or free from bugs or viruses.
18.2 You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
18.3 You must not misuse our 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 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. We will report any such breach to the relevant law enforcement authorities and we will cooperate 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.
19.1 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.
19.2 We have no control over the contents of those sites or resources.
19.3 We may use third party tools (including, but not limited to, GoCardless (https://gocardless.com/) to assist with accessing your data if required. Use of the Services is subject to the terms of use and privacy policy of such third parties.
20.1 Our remedies under these Terms of Use are cumulative and will not exclude any other remedies to which the Party may be lawfully entitled.
20.2 Our failure to insist on strict performance of any provision of these Terms of Use will not be a waiver of our right to demand strict compliance therewith in the future.
20.3 In the event any provision, clause, sentence, phrase, or word hereof, or the application thereof in any circumstances, is held to be invalid or unenforceable, such invalidity or unenforceability will not affect the validity or enforceability of the remainder hereof, or of the application of any such provision, sentence, clause, phrase, or word in any other circumstances.
21.1 These Terms of Use and any other documents referred to herein constitute the entire agreement between you and us and supersede all previous discussions, correspondence, negotiations, arrangements, understandings and agreements between you and us relating to its subject matter.
21.2 You acknowledge that in accepting these Terms of Use you do not rely on, and will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms of Use.
21.3 Nothing in this clause will limit or exclude any liability for fraud.
These Terms of Use are governed by English law. You hereby submit to the exclusive jurisdiction of the British courts.
To contact us, please email [email protected]
Thank you for visiting our site.
Effective Date 23 December 2020
