Website and Online Services Terms and Conditions

1. BACKGROUND

1.1. ArborKnot Ltd (Company Number 516243441) (Website Owner) owns and operates the following website arborknot.com for its related entities (Relates Entities) within its corporate group:

AKCP LLC;
ArborKnot Management Inc;
Arbor Knot Inc;
AKCS Inc;
Arbor Knot Gmbh;
AKCP Management Pty Ltd;
AKCP Nominees Pty Ltd;
AKCP Holdings Pty Ltd;
AKCP Investments Pty Ltd;
AKCP Nominees 2 Pty Ltd;
LC Lite Management S.à.r.l., and
LC Lite Investment Fund SCSp,.

These terms and conditions (Terms) govern your use of this Website or access to any other product and/or available through this Website (Online Services).

1.2. Your use of this Website and/or access to the Online Services is also subject to our Privacy Policy, notices, disclaimers, and any other terms or other statements contained on this Website if you use any of the services identified on this Website and Online Services for which additional or alternative Terms are included on this Website or Online Services, then those additional or alternative Terms will apply.

1.3. By accessing, viewing, or using this Website or Online Services, you acknowledge and accept that you have read and understood these Terms and that these Terms create a legally enforceable contract between you and AKCP.

1.4. AKCP, Website Owner, us, we or our in these Terms refers to AKCP and any of its subsidiaries or related entities. References to AKCP also include associated entities and related companies and all staff, contractors, and agents of AKCP. Website User, Online Service User, You or Your refers to you as the user of this Website and Online Services.

1.5. If you suspect any unauthorised access or security breach of your Online Services, contact us immediately via the Contact Us link on this Website.

2. COPYRIGHT NOTICE

2.2. Subject to the express provisions of these Terms:

(a) all the copyrights and other intellectual property rights to the material on this Website belong to the Website Owner or our licensors;

(b) the Website Owner reserve all copyright and other intellectual property rights on this Website and the materials therein;

(c) the use of our logos and other trademarks, whether registered or unregistered, is prohibited, such use may constitute an infringement of our rights; and

(d) the Website Owner does not endorse and is not affiliated with any of the holders of any third party trademarks that appear on this Website and as such, the Website Owner cannot grant a license to exercise any of those rights.

3. OUR PRIVACY POLICY

By using this Website, you consent to have your personal information processed in accordance with our privacy arrangement and procedures outlined in our Privacy Policy on our Website. A copy of our Privacy Policy can be found on the Website at https://arborknot.com/privacy-policy/.

USE OF THE AKCP WEBSITE

4. LICENSE TO USE WEBSITE

4.1 Access to this Website is permitted temporarily, and the Website Owner reserves the right to withdraw or amend the Terms of your access without notice. From time to time, the Website Owner may restrict access to some parts or all of this Website.

4.2. For your non-commercial, personal, or internal business use, and subject to these Terms, you may:

(a) redistribute our newsletter or any blog to any individual in print or electronic format;

(b) view pages from this Website in a web browser;

(d) print pages from this Website; and

(e) stream audio and video files from this Website.

4.3. You must obtain our prior written permission if you would like to use, copy, or reproduce any part of the Website for any purpose.

4.4. Except as expressly permitted by section 4.2, other provisions of these Terms or if you own or control the relevant rights in the material on this Website, you must not:

(a) download any material from this Website or save any such material to your computer;

(b) circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on this Website;

(d) republish material from this Website (including republication on another Website);

(e) sell, rent or sub-license material from this Website;

(f) show any material from this Website in public;

(g) exploit material from this Website for a commercial purpose; or

(h) redistribute material from this Website.

5. ACCEPTABLE USE

5.1. 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, but 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 from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. The Website Owner reserves the right to withdraw linking permission without notice.

5.2. You must not:

(a) use this Website in any way or take any action that causes, or may cause, damage to the Website or impairment of the performance, availability, or accessibility of the Website;

(b) use this Website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;

(c) use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without our express written consent;

(e) access or otherwise interact with this Website using any robot, spider, or other automated means, except for the purpose of search engine indexing;

(f) violate the directives set out in the robots.txt file for this Website;

(g) use data collected from this Website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing); or

(h) use data collected from this Website to contact individuals, companies or other persons or entities.

GENERAL WEBSITE AND ONLINE SERVICES USE TERMS

6. SENDING YOU ELECTRONIC COMMUNICATIONS

6.1. You agree that if we are obliged to serve you with a document, whether by law or otherwise, you consent to receiving such document electronically via the links on this Website or any other digital method. For future reference, the Website Owner recommends that you print a copy of the document or save it electronically.

6.2. The Website Owner will provide you with notices electronically unless other methods of communication are required by law.

6.3. The Website Owner will give you, your notices electronically through:

(a) your Online Services or the Website Owner may post the notice on this Website;

(b) email to an email address that has been provided to us;

(d) any other means the Website Owner agrees with you or notifies you that the Website Owner will use to communicate with you.

6.4. On the day the Website Owner sends our notification to your email address, the Website Owner record that you received an electronic notice.

7. RECEIVING YOUR ELECTRONIC COMMUNICATIONS AND AGREEMENTS

7.1. You are deemed to be the author of all communications and acceptances, including electronically signed documents that the Website Owner receives from any person logged into your Online Services using your login details, unless and until you can prove that:

(a) you did not authorise such communication;

(b) without your knowledge, your electronic equipment has been taken over by the use of malware despite you having up-to-date antivirus, antimalware and firewall software installed on your electronic equipment;

(c) an unauthorised party gained access to your login details without your approval – despite you taking all reasonable precautions to prevent such access; or

(d) you did not unreasonably delay in reporting to us, the compromise of your electronic equipment or the loss, theft or misuse of your login details.

7.2. You must sufficiently and adequately protect your login details of your login details if you intend to enter into agreements online or to electronically sign documents. This includes installing and maintaining up-to-date antimalware, antivirus, and firewall software on your electronic equipment.

8. LEGAL DISCLAIMERS

8.1. This Website contains only general information and a summary and a general overview on topics that may be of interest to you. Unless you register for an account with us, this information does not constitute an offer or an inducement to enter into a legally binding contract. All other information on this Website, with the exception of the Online Services the Website Owner provides, is for general information purposes and is not tailored to meet your specific requirements.

8.2. You should always obtain legal or other professional advice that is appropriate to your circumstances before acting or relying on any information contained on this Website.

9. LIMITED WARRANTIES

9.1. The Website Owner does not warrant or represent:

(a) the completeness or accuracy of the information published on this Website;

(b) that the material on the Website is up to date; or

the Website is provided on an as-is, as-available basis and you acknowledge and agree that to the extent permitted by law, and subject to the below without representations, warranties or guarantees in relation to the availability, suitability continuity, reliability, accuracy, currency, completeness, or security of this Website.

9.2. The Website Owner reserve the right to change or alter any or all of this Website Online Services by appropriate action, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms.

9.3. Neither the Website Owner nor any of our related entities will be responsible if this Website (or any content or Online Services provided through it) is incomplete, corrupted, inaccurate, outdated, or incorrect, nor if this Website or any Online Services provided or made available through it are unavailable for any reason, including directly or indirectly as a result of:

(a) telecommunications unavailability, interruption, delay, bottleneck, failure or fault;

(b) negligent, malicious or willful acts or omissions of third parties (including our third party service providers);

(c) maintenance or repairs carried out by us or any third party service provider in respect of any of the systems used in connection with the provision of this Website;

(d) any events beyond our control; or

(e) services provided by third parties ceasing or becoming unavailable.

9.4. These Terms and any publications on this Website are not intended as contracts, either explicit or implied, and the Website Owner reserve the right to make changes to the information contained therein.

9.5. You acknowledge and agree that to the extent permitted by law, and subject to clause 16 below, the Website Owner does not promise, represent, or warrant that this Website will be free of computer viruses or any other kind of defect or error that may negatively affect their software and systems. It is important to install and implement your security and system checks to protect your software and systems.

10. LIMITATIONS AND EXCLUSIONS OF LIABILITY

10.1. Nothing in these Terms will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(d) exclude any liabilities that may not be excluded under the applicable law of the jurisdiction that the Website represents and operates in,

and, if you are a consumer, your statutory rights will not be excluded or limited by these Terms, except to the extent permitted by law.

10.2. The limitations and exclusions of liability are set out in clause 16 and elsewhere in these Terms:

(a) are subject to section 16.1; and

(b) govern all liabilities arising under these Terms or relating to the subject matter of these Terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these Terms.

10.3 This Website is neither guaranteed nor warranted to be secure nor does it give any warranty of reliability or accuracy. The owners, directors, employees, and associates of this Website do not accept any liability for loss or damage caused by the reliance on information on this Website or the inability to access the same.

10.4 In no event will our total liability for use of the Website, the Online Services or these Terms, whether in contract, tort (including negligence), in equity, under statute or otherwise, exceed the resupply of the Online Services to you.

10.5. The Website Owner will not be liable:

(a) for any loss or damage of any kind resulting from the use of this Website and the information and Online Services provided through it;

(b) if for any reason this Website is unavailable at any time or for any period;

10.6 For the purposes of the jurisdiction that the Website operates in this disclaimer is subject to any applicable contrary provisions of the laws applicable in that jurisdiction.

10.7 The Website Owner excludes liability for all direct, indirect or consequential liabilities, losses, damages, costs and expenses (including, without limitation, loss of revenue, loss of goodwill, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data or loss of anticipated savings or benefits), whether arising in contract, tort (including negligence) or otherwise, suffered or incurred by any person in connection with or in any way relating to the Website or any content or Online Services provided or made available through the Website:

the Website Owner will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control; and

the Website Owner will not be liable to you in respect of any loss or corruption of any data, database, or software.

11. DISCLAIMER AS TO OWNERSHIP OF TRADEMARKS, IMAGES OF PERSONALITIES, AND THIRD-PARTY COPYRIGHT AND LINKS

11.1. This Website may contain links to other Websites (Linked Sites), which are not operated by the Website Owner. Website Owner has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the Terms of Use and service contained within each such site.

11.2. Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, Online Services, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Website Owner and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Website Owner.

11.3. In connection with its advice and services (including any Online Services provided through this Website), the Website Owner uses software, systems, technology, products and services supplied by third parties (whether disclosed or not). This includes information management systems, portfolio management systems and online information access systems (Third Party Services).

11.4. To the maximum extent permitted by law, the Website Owner:

(a) does not give any warranty in relation to Third Party Services, including any warranty as to features, performance, or fitness for the purpose of Third Party Services; and

(b) shall not be liable for any claim, action or breach arising in relation to Third Party Services.

12. DISCLAIMER OF LIABILITY

12.1 Subject to any non-excludable consumer guarantees and other applicable consumer protection provisions set out in the laws where the Website is operating in, the material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy.

12.2. To the fullest extent permitted by law, the Website Owner hereby expressly excludes all warranties and other terms which might otherwise be implied by statute, common law or the law of equity and must not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive, incidental damages, damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted on those sites, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

12.3. This clause does not affect the Website Owner’s liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

12.4. The Website Owner may hold you liable for any losses resulting from the misuse of your password, or for any activities on this Website that result from your failure to keep your password confidential.

13. BREACHES OF THESE TERMS

13.1. Without prejudice to our rights under these Terms, if you breach or the Website Owner reasonably suspect you to be in breach of these Terms in any way, the Website Owner may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to this Website or the Online Services;

(d) block computers using your IP address from accessing this Website;

(e) contact any or all of your internet service providers and request that they block your access to this Website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on this Website or our Online Services.

13.2. Where the Website Owner suspends, prohibits or blocks your access to this Website or a part of this Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

14. TERMINATION OF SERVICES

14.1. If you want to cease using our Online Services, you may do so by:

(a) providing us with seven (7) days’ notice of your intention to terminate; and

(b) closing your accounts for all of the Online Services which you use.

14.2. Your notice should be sent, in writing, to us via the Contact Us link on this Website.

14.3 The Website Owner may at any time, terminate any of the Online Services provided to you if:

(a) you have breached any provision of these Terms or any other applicable Terms and Conditions;

(b) the Website Owner is required to do so by law;

15. INDEMNITY

You hereby indemnify, defend and hold harmless Website Owner, its directors, officers, employees, consultants, agents, and related entities, from any third party claims, liability, damages or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms.

16. WHAT TO DO IF YOU HAVE A COMPLAINT

16.1. The Website Owner accepts that sometimes it can get things wrong, and when this happens, the Website Owner is determined to make them right again.

16.2. Most problems can be resolved quickly and simply by talking with us. You can contact us via the Contact Us link on this Website or at [email protected].

16.3. If an issue has not been resolved to your satisfaction, the Website Owner will handle your complaint in accordance with its Complaints Handling and Dispute Resolution Policy

17. UPDATING YOUR CONTACT DETAILS

17.1. You need to keep your email address current. You may update your email address by contacting us. If you don’t provide us with the correct email address, the Website Owner may not provide you with access to our Online Services because you may not receive important information from us.

17.2. The Website Owner may use your mobile phone number to send you SMS Codes and any information relevant to your Online Services. If you don’t provide us with your correct mobile phone number, you may not be notified of important information relevant to the use of SMS Codes. You need to keep your mobile phone number current. If you update or no longer use your mobile phone number, you must contact us and you may need to re-register for the Online Services that the Website Owner provides.

18. LAW AND JURISDICTION

18.1. These Terms shall be governed by and construed in accordance with the laws where the Online Services are being provided to you.

18.2. Any disputes relating to these Terms shall be subject to the exclusive jurisdiction of the courts of the jurisdictions relevant to clause 24.1.

19. ASSIGNMENT

19.1. You hereby agree that the Website Owner may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms, providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these Terms.

19.2. You may not without our prior written consent assign, transfer, sub-contract or otherwise, deal with any of your rights and/or obligations under these Terms.

20. SEVERABILITY AND INVALIDITY

If any part of the Terms is unenforceable (including any provision in which the Website Owner excludes our liability to you) the enforceability of any other part of the Terms will not be affected and all other clauses remain in full force and effect. As far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause must be interpreted accordingly. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.

21. THIRD-PARTY RIGHTS

21.1. A contract under these Terms is for our benefit and your benefit and is not intended to benefit or be enforceable by any third party.

21.2. The exercise of the parties rights under a contract under these Terms is not subject to the consent of any third party.

22. ENTIRE AGREEMENT

22.1. These Terms, together with our privacy policy disclosed on this Website, shall constitute the entire agreement between you and us in relation to your use of this Website and shall supersede all previous agreements between you and us in relation to your use of this Website.

23. AMENDING THESE TERMS AND OUR ONLINE SERVICES

23.1. The Website Owner may revise these Terms from time to time. The Website Owner reserves the right to amend these Terms from time to time. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

23.2. Website Owner has the right in its absolute discretion, at any time, and without notice, to amend remove or vary the services, Online Services or any page of this Website.

24. STATUTORY AND REGULATORY DISCLOSURES

The Website Owner will not file a copy of these Terms specifically in relation to each user or customer and, if the Website Owner updates these Terms, the version to which you originally agreed will no longer be available on this Website. The Website Owner recommends that you consider saving a copy of these Terms for future reference.

25. THESE TERMS

These Terms are Version 1.0, Dated 30 November 2022.