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Terms and Conditions
The information contained in the Investor Reports is being distributed in fulfilment of the terms of certain finance documents which governs the obligations of Alpha Trains Finance S.A. (the "Company") to its bond holders and other financial creditors. It is directed to, and intended for, existing investors in the Company. No other persons should act or rely on it. The Company makes no representation as to the accuracy of forecast information (or any other information in any reports) other than as set out in the relevant finance document. As described further below, these forecasts involve risk and uncertainty because they relate to events and depend upon circumstances that will occur in the future. There are a number of factors that could cause actual results or developments to differ materially from those expressed or implied by these forecasts.
Access and use of this website (the "Website") is conditional upon your agreement to, and compliance with, these terms and conditions (the "Terms and Conditions"). You acknowledge and agree to the Terms and Conditions and agree not to undertake any act or omission that would constitute a breach of these Terms and Conditions. Nothing in the Website is, or is to be construed as, an offer of or invitation to subscribe for, underwrite or purchase securities in any jurisdictions in which such offer is or may be prohibited, restricted or subject to any requirement for filing, authorisation, licence or consent.
You agree that the Company and certain group members guaranteeing the financing arrangements (the "Security Group") has not made and will not make any offer of securities referred to on the Website (the "Securities") other than in accordance with applicable law and regulation. Nothing in the Website constitutes an offer of securities for sale in the United States. The Securities may not be offered or sold in the United States absent registration or an exemption from registration under the Securities Act of 1933, as amended (the "Securities Act"). It is not intended that the Securities will be registered under the Securities Act or any U.S. state securities laws. You represent, warrant and agree that: (a) you are not a U.S. person (within the meaning of Regulation S under the Securities Act) or acting for the account or benefit of a U.S. person nor are you located in the United States, its territories and possessions (including Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, Wake Island and the Northern Mariana Islands) or the District of Columbia and you agree that you will not transmit or otherwise send any information contained on this Website to any person resident in, or located in, the United States.
The Base Prospectus, final terms, pricing supplements and other offering materials, research reports and other information relating to any offering (the "Offering Documents") contained in or referred to in the Website may not be distributed (whether in whole or in part) to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.
You should not assume that the information contained or incorporated by reference in any Offering Document or research report is accurate as of any date other than the respective date set forth therein or the date of the information incorporated therein. You will use the Website solely for your own internal use in accordance with these Terms and Conditions. You will not engage in any activities related to the Website that are contrary to applicable law or regulation or the terms of any agreements between you and the Security Group. The materials included on the Website are historical in nature and are only current as of the date of such materials. Neither the Security Group nor any other party has any duty to maintain or update any materials on the Website. Historic performance information with regard to any security is no indication of its future performance.
The trademarks, logos and service marks displayed on this website are owned and registered (where applicable) by members of the Security Group or their parent, subsidiary or affiliated companies. No rights or licences are granted or may be implied by their display upon this website. The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Information on the Website includes information sourced from third parties (the "Third Party Materials"). The Security Group has no obligations in respect of Third Party Materials (including as to verifying or correcting Third Party Materials or publishing materials relating to Third Party Materials). Posting Third Party Materials on the Website does not imply any endorsement, adoption of or responsibility by the Security Group for the opinions, ideas, products, information or services offered therein, or any representation regarding the content of any Third Party Materials.
The Security Group does not accept responsibility for the accuracy of any information which may be accessed through this Website to sites provided by other organisations, nor does it accept liability for any loss or damage arising out of such use.
You may not reproduce, modify or in any way commercially exploit any of the contents of this Website unless permitted by us. This includes but is not limited to, distributing any of the content of this Website to third parties (including operating a library, archive or similar service).
The Security Group reserves the right to modify, alter, delete and update at any time the contents of this Website, including to these Terms and Conditions. We therefore recommend that you re-visit this page from time to time.
Although we make every effort to ensure that the Website is available at all times, there will be occasions on which we will need to carry out routine and emergency maintenance. Therefore, we do not guarantee that it will always be available, or that it will always perform at a particular speed or with particular functionality. We reserve the right to withdraw the Website if we need to.
The Website does not purport to provide any financial, investment, tax, accounting or legal advice or recommendation.
The Website may contain statements that constitute forward-looking statements. These forward-looking statements can be identified by the use of forward-looking terminology, such as the words “expects”, “projects”, “plans”, “believes”, “intends”, “anticipates”, “estimates”, “stabilised”, “underwritten”, “vision”, “may”, “could”, “pro forma”, “budget”, “financial model” and analogous expressions. Any such statements are inherently subject to a variety of risks and uncertainties that could cause actual results to differ materially from those projected and the actual outcome to differ materially from that expected. Such risks and uncertainties include, amongst others, general economic and business conditions, competition, changes in political, social and economic conditions, regulatory initiatives and compliance with governmental regulations, and various other events, conditions and circumstances (including acts of god, war and terrorism). No assurance is given by the Security Group in relation to any such statements. Except as may be otherwise expressly provided by written agreement between the Security Group and the user or as otherwise required by law, the Security Group expressly disclaims any obligation or undertaking to publicly release any updates or revisions to any forward-looking statement contained herein to reflect any change in expectations or any change in events, conditions or circumstances on which any such statement is based.
Except as may be otherwise expressly provided by written agreement between the Security Group and the user, the Security Group will have no duty or liability in tort, contract or otherwise to you or any third party arising in connection with the use of the Website, or reliance on any information or services provided in this Website. The Security Group does not accept responsibility for any loss or damage resulting from any errors or omissions appearing on this site and any visitor using information contained on this Website does so entirely at their own risk.
The Security Group will under no circumstances be liable to you or any third party, regardless of the form of action, for any lost profits or lost opportunity, or any indirect, special, consequential, incidental or punitive damages whatsoever, even if the Security Group has been advised of the possibility of such loss or damages.
Nothing in this clause shall limit or exclude liability of the Security Group:
- (i) for personal injury arising from negligence;
- (ii) for fraud, gross negligence or wilful default; or
- (iii) for damages that may not be limited or excluded under applicable law and regulation.
The parties agree that the limitations and exclusions set out in this clause are reasonable having regard to all the relevant circumstances and the levels of risk associated with each party"s obligations under these Terms and Conditions.
These Terms and Conditions are governed, construed and subject to the law and jurisdiction of England and Wales.