Terms of Use
1. About these Terms
These Terms of Use (“Terms”) govern your access to and use of the website operated by Scotland Fund (the “Website”). By accessing or using the Website, you agree to be bound by these Terms, by our Privacy Policy, by our Cookie Notice, and by the Important Legal Notice you accepted on entry. If you do not agree to any part of these Terms, you must not access or use the Website.
References to “Scotland Fund”, “we”, “us”, and “our” mean Scotland Fund and its affiliated vehicles, managers, and advisers (collectively the “Scotland Fund Group”). References to “you” and “your” mean any person who accesses or uses the Website.
2. Nature of the Website
The Website is a presentational platform provided for general corporate and informational purposes only. It is not a transactional or commercial platform, and is not a means by which Scotland Fund engages, solicits, markets to, or contracts with any person.
3. Not a Financial Promotion, Offer, or Advice
Nothing on the Website constitutes, or is intended to constitute:
(a) a financial promotion within the meaning of section 21 of the Financial Services and Markets Act 2000;
(b) an offer, invitation, inducement, recommendation, or solicitation to buy, sell, subscribe for, underwrite, or otherwise acquire or dispose of any securities, partnership interests, fund units, debt instruments, or other investment instruments;
(c) financial, investment, tax, legal, accounting, or other professional advice;
(d) a representation, warranty, forecast, projection, or guarantee in relation to any matter, including future performance or results.
Scotland Fund is not raising, marketing, offering, or seeking capital, commitments, subscriptions, or investments from any person, in any jurisdiction, through the Website or otherwise. Scotland Fund is not authorised or regulated by the Financial Conduct Authority and is not required to be so authorised or regulated for the activities it conducts.
You must not rely on any part of the Website as a basis for any investment, commercial, or other decision. If you are in any doubt, you should consult your own independent professional advisers.
4. Permitted Use
You may access and view the Website for your personal, non-commercial, informational use only. You must not:
(a) use the Website in any way that is unlawful, fraudulent, or harmful;
(b) use the Website to transmit any virus, worm, malware, or other harmful code;
(c) attempt to gain unauthorised access to the Website, its servers, the investor portal, or any data, account, or system connected to it;
(d) use any robot, spider, scraper, or other automated means to access, monitor, or copy any part of the Website without our prior written consent;
(e) reproduce, duplicate, copy, sell, resell, or commercially exploit any part of the Website or its content;
(f) frame, mirror, or deep-link to any part of the Website without our prior written consent;
(g) misrepresent your identity, affiliation, or purpose in accessing the Website;
(h) use the Website for any purpose competitive to Scotland Fund, including the gathering of intelligence about Scotland Fund, its team, its activities, or its counterparties;
(i) use the Website to harvest personal data of any other person.
5. Investor Portal
Access to the investor portal is restricted to existing counterparties to whom credentials have been issued. Access is granted on a personal, non-transferable basis. You must:
(a) keep your credentials confidential and not share them with any other person;
(b) notify us immediately at legal@scotlandfund.com if you suspect any unauthorised use of your account;
(c) comply with all reasonable instructions we issue in connection with the portal;
(d) accept that we may suspend, restrict, or terminate your access at any time and without notice, including for security reasons or where we suspect misuse.
You are responsible for all activity carried out under your credentials.
6. Intellectual Property
All content on the Website, including text, images, graphics, logos, trade marks, branding, design, layout, code, and compilations, is owned by or licensed to Scotland Fund and is protected by intellectual property laws. All rights are reserved.
You are granted a limited, non-exclusive, non-transferable, revocable licence to view the Website for the permitted purposes set out in clause 4. No other rights are granted to you. Any other use requires our prior written consent.
The name “Scotland Fund” and any associated logos, marks, and branding are trade marks of Scotland Fund. You must not use them without our prior written consent.
7. Third-Party Content and Links
The Website may contain links to third-party websites, services, and resources, and may incorporate or refer to information sourced from third parties. We do not control, endorse, or accept responsibility for any third-party content, websites, or services. Your use of any third-party content or service is at your own risk and subject to that third party’s terms and policies.
8. Availability and Changes
We aim to keep the Website available but do not warrant that it will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We may suspend, withdraw, modify, or restrict access to all or any part of the Website at any time, without notice and without liability.
We may also update the Website’s content, structure, and these Terms from time to time. The “Last updated” date above indicates when these Terms were last revised. Your continued use of the Website following changes constitutes acceptance of those changes.
9. Disclaimer of Warranties
To the maximum extent permitted by law, the Website and all content on it are provided on an “as is” and “as available” basis, without any warranties, conditions, or representations of any kind, whether express, implied, statutory, or otherwise. We expressly disclaim all warranties, including any implied warranties of accuracy, completeness, timeliness, merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the information on the Website is accurate, complete, current, or reliable, or that the Website will meet your requirements.
10. Limitation of Liability
To the maximum extent permitted by law, Scotland Fund (including its directors, officers, employees, agents, advisers, and affiliates) shall not be liable to you or to any other person for any loss or damage, whether in contract, delict or tort (including negligence), breach of statutory duty, or otherwise, arising out of or in connection with:
(a) your access to, use of, or inability to use the Website;
(b) any reliance placed by you on any content on the Website;
(c) any error, omission, inaccuracy, or delay in any content on the Website;
(d) any interruption, suspension, or unavailability of the Website;
(e) any virus, malware, or other harmful code transmitted via the Website;
(f) any unauthorised access to or use of your account or data;
(g) any acts or omissions of third parties, including third parties linked from the Website.
In particular, and without limiting the foregoing, we shall not be liable for any indirect, special, incidental, consequential, exemplary, or punitive loss, or for any loss of profit, revenue, business, opportunity, goodwill, anticipated savings, or data, in each case howsoever arising.
Nothing in these Terms limits or excludes any liability that cannot lawfully be limited or excluded, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.
11. Indemnity
You agree to indemnify and hold harmless Scotland Fund and its directors, officers, employees, agents, advisers, and affiliates from and against any loss, damage, cost, expense (including reasonable legal fees), claim, or liability arising out of or in connection with:
(a) your breach of these Terms;
(b) your misuse of the Website;
(c) your violation of any law or regulation;
(d) your infringement of any third-party right.
12. Confidentiality
Any non-public information made available to you through the investor portal or otherwise in the course of your engagement with Scotland Fund is confidential. You must not disclose, copy, or use it for any purpose other than the purpose for which it was provided to you, and must protect it with at least the same degree of care as you protect your own confidential information.
13. Suspension and Termination
We may suspend or terminate your access to the Website or the investor portal at any time, with or without cause and with or without notice. The provisions of clauses 3, 6, 9, 10, 11, 12, 14, 15, and 16 survive termination.
14. Privacy and Cookies
Our processing of personal data is governed by our Privacy Policy. Our use of cookies and similar technologies is governed by our Cookie Notice. By using the Website you confirm that you have read and accepted both.
15. General
Entire agreement. These Terms, together with the Important Legal Notice, the Privacy Policy, and the Cookie Notice, constitute the entire agreement between you and Scotland Fund in relation to the Website.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force and effect.
Waiver. No failure or delay by us in exercising any right under these Terms constitutes a waiver of that right.
Assignment. You may not assign or transfer your rights or obligations under these Terms. We may assign or transfer ours at any time.
No third-party rights. A person who is not a party to these Terms has no right to enforce any of them, except that any member of the Scotland Fund Group may enforce them.
16. Governing Law and Jurisdiction
These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of Scotland. The Scottish courts have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Website.
17. Contact
Scotland Fund
Scottish Enterprise Technology Park
G75 0QU
United Kingdom
Email: legal@scotlandfund.com