Terms

Terms Of use

LEGAL IMPORTANT

YOU MUST READ THE TERMS AND CONDITIONS OF THIS AGREEMENT WHEN USING THE WEB SITE. BY ACCESSING AND USING THE WEB SITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEB SITE.

1. Definitions
"Information" means all material delivered by Epsilon Corporate Finance Limited ("Epsilon") through this web site (the "Web Site"), including market data, interviews, market reports, press releases and so forth. "User" means you, the Web Site end-user. "Contract" means this Web Site agreement.

2. Scope

Epsilon has created the Web Site as a means of facilitating its role as an intermediary for the sale and purchase of small and medium enterprises.

The Web Site can be said to comprise two principal sections. The first section (hereafter, the "Public Area") is available to all Users and includes the homepage and pages accessible through the "Explore and Join" icon ("Credentials", "M&A Market View", etc.). The second section is available only to those Users who are registered as members of Epsilon and is comprised of pages accessible through the "Secure Transaction Area" icon (hereafter, the "Secure Transaction Area").

This Contract applies to both sections of the Web Site. However, Users of the Secure Transaction Area may sign further agreements with Epsilon and this Contract will be read together with such agreements in determining the rights and obligations of the parties.

2. Warranty

THE WEB SITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND Epsilon MAKES NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE INFORMATION OR THE WEB SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR CONDITIONS OF COMPLETENESS, ACCURACY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Liability

Except in the cases where French public order rules demand liability, in particular in the event of intentional breach (“dol”) or “very serious” breach (“faute lourde”) of the Contract, Epsilon shall in no circumstance be liable for any loss or damage resulting from or linked to use by the User of the Web Site and/or the Information, and the User agrees to hold harmless Epsilon in this regard. In particular, the User agrees not to launch any legal action against Epsilon for any such damage or loss.

Furthermore, the User will indemnify and hold harmless Epsilon against all claims, liability, damages, costs and expenses, including legal fees, arising out of any use of the Web Site and/or the Information, or out of any breach of this Contract, by the User, brought or threatened by any third party.

4. Rights Granted/Rights Reserved

Epsilon provides the Information available in the Public Area to the User solely for the personal purposes of the User and the User may download the Information onto only one computer hard drive for such purpose. Such Information may not be used for any other purpose (including publication, reproduction, or transmission) without the express prior permission of Epsilon communicated by post, fax or electronic mail.

5. The Web Site

The User acknowledges: (a) that it is technically impossible to provide the Web Site free of faults and that Epsilon does not undertake to do so; (b) that faults may lead to temporary unavailability of the Web Site; and (c) that the operation of the Web Site may be adversely affected by conditions and performances outside Epsilon's control, including without limitation, transmission and telecommunications links between Epsilon and Users, between different parts of Epsilon, and between Epsilon and other systems and networks.

The User thus warrants that it is fully aware of the nature and limitations of the Internet, particularly the fact that transmissions of information and data, their security, their availability and their integrity cannot be guar anteed, even within the Secure Transaction Area.

6. Third Party Information

The User further acknowledges that some of the Information available in the Public Area, , is supplied to Epsilon by third parties and accordingly Epsilon offers no warranty of whatever nature in relation to such Information.

Similarly, Epsilon makes no undertaking in respect of any other web site to which the User may gain access via the Web Site. The insertion of a link to a web site within the pages of the Web Site in no way implies the approval by Epsilon of the products, services or information which are offered thereon.

7. Use of the Web Site/Indemnification

The User undertakes: (a) not to use the Information for any unlawful purpose; (b) that it shall not make any use of the Web Site so that the Web Site is interrupted, damaged, rendered less efficient, or the functionality of the Web Site is in any way impaired; (c) not to use the Web Site for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety; (d) not to use the Web Site in a manner which constitutes a violation or infringement of the rights of any person, firm or company (including but not limited to rights of copyright or confidentiality);

8. Intellectual Property

The User acknowledges that all copyright, trade marks, databases and all other intellectual property rights in the Web Site and the Information shall remain vested in Epsilon or its licensors.

9. Suspension and Termination

Epsilon shall have the right to terminate this Contract immediately and/or suspend the Web Site or the User's access to it if the User commits a breach of these terms and conditions.

10. User Data

Unless specifically requested by the User not to do so, Epsilon reserves the right to include in a database for the use of Epsilon, the name, address and other relevant information entered by the User, subject to the terms of its Privacy Policy accessible via the privacy policy icon appearing on pages within the Public Area of the Web Site. Please consult this Privacy Policy for further details.

11. Changes to the Terms and Conditions

Epsilon reserves the right to change these terms and conditions from time to time , and the User's continued use of the Web Site following such change shall be deemed to be the User's acceptance of any such change. Except in the case of Users who have signed contracts still in force with Epsilon after joining the Epsilon service, which Users shall be notified by post, fax or electronic mail, it is the User's responsibility to check this file regularly to determine whether this Contract has been changed. If the User does not agree to any change to the terms and conditions of this Contract then the User must immediately stop using the Web Site.

12. Severability

Each provision of this Contract excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances and shall remain in force notwithstanding the termination of this Contract.

13. No Waiver

No waiver by Epsilon shall be construed as a waiver of any proceeding or succeeding breach of any provision.

14. Choice of Law

This Contract shall be governed by French law and the parties hereby irrecoverably submit to the exclusive jurisdiction of the Courts in the jurisdiction of the Paris Court of Appeal (Cour d'appel de Paris).