Legal information and disclaimer
By using the Durham Capital S.A. website, you recognize that you have the capability and means required to access and use this website and related websites, e.g. websites related to compartments of Durham Capital S.A. (collectively “Websites”). You also acknowledge that you have read and understood the present legal information and disclaimer set out below and undertake to comply with them:
- the entities associated with Durham Capital S.A. or any of its Compartments (collectively “DC”) explicitly reject any liability for any damage caused by or in conjunction with access to or use of the Websites;
- the error-free and/or uninterrupted operation of the Websites cannot be guaranteed;
- DC does not give warranties or explanations, explicitly or implicit, regarding the propriety, accuracy or completeness of the information published on the sites or accessible via the Websites;
- DC, their directors and/or employees do not accept any liability for the information and/or recommendations posted on the Websites or for information that is accessible through the Website;
- the Websites contain information about our services and areas of expertise; none of this constitutes an offer.
- the information is provided for general use only and is subject to change without notice; it cannot and may not be used for advice regarding investments or investment or legal structures, nor for tax or legal purposes;
- the Websites may contain links to third-party websites; liability for these websites lies with their respective operators. If you should notice that links on the Website refer to websites whose content violates applicable law, please inform us by sending an e-mail to info@durhamcapital.lu. We will immediately remove the links in question;
- the content of the Websites or any other publications made available via the Websites are for information purposes only and may not be duplicated, except for own personal and private use, excluding thus all commercial use; such use without prior written authorization from the administrator of the Websites, represents an infringement of copyright;
- you may not hyperlink to the Websites without the prior written consent of administrator of the Website;
- you do not have to register to use the majority of the Websites. During an online session, session cookies are saved on your computer. These are small files that enable correct sequencing and the transfer of data to subsequent pages. When you exit the dialogue, these cookies are deleted and no assessment of user behavior is carried out. Statistical evaluations to monitor the success of the Websites are carried out anonymously without any personal reference. Where we ask for additional, voluntary personal details over and above the specific data we require to provide an individual quote – for example, to improve the Website, for advertising purposes or simply to get to know you better – this is indicated alongside the input fields in question; and
- if you have any further questions about the Websites, please write to us at:
Durham Capital S.A.
European Bank & Business Centre – Building B
6 route de Trèves
L-2633 Senningerberg
Grand Duchy of Luxembourg
Investment in debt instruments (to be) issued by DC or any of its compartments and as such the content of the Websites is only suitable for prospective investors who:
- have sufficient knowledge and experience to make a meaningful evaluation of the instruments, the merits and risks of investing in the instruments and the information contained or incorporated by reference in the respective offering memorandum or any supplement thereto;
- have access to, and knowledge of, appropriate analytical tools and factual data to evaluate, in the context of its particular financial situation, an investment in the instruments and the impact the instruments will have on its overall investment portfolio;
- have sufficient financial resources and liquidity to bear all of the risks of an investment in the instruments where the currency for principal payments is different from the prospective investor’s currency;
understand fully the terms and conditions of the instruments and be familiar with the behavior of any relevant indices and financial markets; and - are able to evaluate (either alone or with the help of a financial adviser) possible scenarios for economic, interest rate and other factors that may affect its investment and its ability to bear the applicable risks.
The issuing or transfer of any debt instruments issued by DC or any of its compartments is only possible when:
- such transaction is executed with or between professional investors within the meaning of Annex II to Directive 2004/39/EC; or
- the denomination of the instruments of such transaction is equal or exceeds EUR 125,000; and
any issue or transfer shall be made in accordance with the provisions of Luxembourg law.
To the fullest extent allowed by law, the DC does not accept liability for any loss which may arise from reliance on the information on the Websites. DC does not accept any responsibility whatsoever for any loss occasioned to any person no matter however caused or arising as a result, or in consequence, of action taken or refrained from in reliance on any of the contents of our publications. Detailed specialist advice from a suitably qualified professional should always be obtained before taking or refraining from any action applying the information to particular circumstances. Furthermore, DC may not be held liable in any way for any elements outside of their control and any direct or indirect damages that may be incurred by you, to the technical environment notably computers, software, network equipment and any other equipment used to access the information, resulting from any access to or use of the Websites including inaccessibility, data loss, deterioration, destruction or viruses that may affect your IT equipment and or the presence of viruses on its site.
Access to information related to the financial products and corporate and financial services of DC on the Websites may be subject to restrictions with regard to certain people or certain countries. None of the information related to financial products and corporate or financial services of DC presented here may be provided to a person who makes such a request if the laws of his or her country or any other country concerning him or her forbids it. You are asked to ensure that you are legally authorized to connect to the present the Websites from the country in which your internet connection is established.
The Websites give you the possibility to send e-mails to DC. Such e-mails are sent through the internet, a public network over which DC has no control and as a result, messages may be intercepted, modified or lost. DC draws your attention to the fact that the Websites were designed for informational purposes relating to the financial products and corporate and financial services of DC and as a channel to carry out informal communications with DC. The Websites are in no way designed to be a tool for communication with DC for the purposes of management or contractual service offers. Consequently, DC guarantees neither explicitly, nor implicitly that information or requests sent via the Websites will be read or acted upon. Copyright of all information, text and images featured on the Websites is owned by or licensed to DC. Durham Capital S.A. is registered at the Luxembourg chamber of commerce.
The Websites‘ official language is English and usages of the Websites is subject to Luxembourg law and comes exclusively under the Luxembourg jurisdiction, unless explicitly stated otherwise.
If you have questions or comments regarding the Websites or any other publications made available via the Websites, please contact the administrator of this website via info@durhamcapital.lu.
This legal information and disclaimer is dated June 2015