Terms and Conditions of Access to the Website of Elenia
BEFORE ACCESSING THIS WEBSITE, PLEASE READ CAREFULLY THE FOLLOWING IMPORTANT TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO, AND USE OF, THIS WEBSITE, AND ACKNOWLEDGE YOUR AGREEMENT TO THEM. IF YOU AGREE TO THE TERMS, CLICK ’I AGREE’ AT THE END OF THIS DOCUMENT TO ENTER THIS WEBSITE. IF YOU DO NOT CLICK ”I AGREE” YOU WILL NOT BE ABLE TO ENTER THIS WEBSITE.
Access and use of this investor website (the Website) is conditional upon agreement to and compliance with these terms and conditions set out herein of access to the Website (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.
In these Terms and Conditions, Elenia refers to Elenia Verkko Oyj and/or to any of its subsidiaries or affiliates existing from time to time. In addition to the Terms and Conditions, the use of the Website is governed by the general terms of use applicable to all Elenia websites.
Access to and use of the Website
Any materials or other information contained on, displayed on or accessible via the Website (the Materials) are directed, in the UK and in other European Economic Area countries, only to:
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persons who are not (a) a retail client as defined in point (11) of Article 4(1) of Directive 2014/65/EU (as amended, MiFID II), or (b) a customer within the meaning of Directive 2016/97/EU (the Insurance Distribution Directive), where that customer would not qualify as a professional client as defined in point (10) of Article 4(1) of MiFID II; and
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persons regarded as market counterparties and intermediate customers (and not to private customers, who should not rely on the Website or the Materials) (each as defined by the rules of the U.K. Financial Conduct Authority).
Moreover, any investment or services to which the Website or the Materials may relate will not be made available to persons who do not fall within the requirements set out in (i) and (ii) above.
The Materials are intended for use by authorised users only and may not be published, copied or distributed to any other person.
Nothing in the Website or in the Materials is, or is to be construed as, an offer of or invitation to subscribe for, underwrite or purchase securities in any jurisdiction.
You agree that you have 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.
You will not release or distribute the Materials in the United States or in any jurisdiction where distribution may be restricted by law. Nothing contained in the Website or in the Materials constitutes an offer of securities for sale in the United States or to any person to whom it would not be lawful. The Securities have not been, and will not be, registered under the U.S. Securities Act of 1933, as amended (the Securities Act), or under the securities laws of any state or other jurisdiction of 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.
A security rating set out on the Website is not a recommendation to buy, sell or hold securities and may be subject to suspension, reduction or withdrawal at any time by the assigning rating agency.
You will use the Website and the Materials solely for your own internal use in accordance with these Terms and Conditions.
You will not engage in any activities related to the Website or the Materials that are contrary to applicable law or regulation or the terms of any agreements between you and Elenia.
The Website and the Materials may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
Acknowledgements and Disclaimers
You acknowledge and agree to the following:
No duty to update or correct materials. The Materials are historical in nature and only current as of the date of the Materials. Neither Elenia nor any other party has any duty to maintain or update any of the Materials. Historic performance information with regard to any security is no indication of its future performance.
Changes to materials. Elenia may remove or make changes to the Materials at any time without notice.
Third party materials. Materials may be sourced from third parties (the Third Party Materials), including (without limitation) offering circulars, prospectuses, listing particulars, pricing supplements, reports, agreements, summaries, models, commentary and other materials, have been obtained from sources believed to be reliable, but Elenia does not warrant its completeness or accuracy. Elenia 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 Elenia for the opinions, ideas, products, information or services offered therein, or any representation regarding the content of any Third Party Materials.
Offering documents and research reports. Any final offering memoranda or other offering materials (each, an Offering Document) or research reports posted on the Website are Third Party Materials unless produced by Elenia. Third Party Materials are provided solely for your convenience to generally describe the terms of the transaction described therein.
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.
Offering Documents, research reports and other Materials contained 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.
Disclaimer of Advice. The Website or the Materials, are not and do not purport to, provide any financial, investment, tax, accounting or legal advice or recommendation. The Website and the Materials are not intended to provide the basis of any credit or other evaluation. Nor should any such information be considered a recommendation by Elenia or its respective directors, officers, employees or agents (or any related person or entity) to purchase or sell any securities.
Click Through. Any acknowledgment, agreement or other type of click through button on the Website that is selected to evidence agreement or an acknowledgement shall have the same force and validity as a paper copy of an agreement that has been manually signed and delivered.
Discontinuance and disruption of service. Elenia or its suppliers may discontinue the Website or the Materials at any time without notice.
Rule 144A. You are not a ’U.S. person’ (as that term is defined in Regulation S under the Securities Act) and are not located or resident in the United States (as that term is defined in Regulation S under the Securities Act).
Unauthorised Use
Unauthorised use of the Website including but not limited to unauthorised entry into such entities’ systems, or misuse of any of the Materials, is strictly prohibited.
Limitation of Liability
Elenia, its suppliers, or the providers of Third Party Materials are not responsible for any errors in or omissions from the Materials or otherwise relating to the Website.
The Website and the Materials 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 ’believes’, ’expects’, ’may’, ’intends’, ’should’ or ’anticipates’, or the negative or other variations of those terms. These statements involve known and unknown risks, uncertainties and other important factors that could cause the actual results and performance of the Securities or Elenia to differ materially from any future results or performance expressed or implied in the forward-looking statements. These risks, uncertainties and other factors include, among others: general economic and business conditions; currency exchange and interest rate fluctuations; government, statutory, regulatory or administrative initiatives affecting Elenia; changes in business strategy or customer relationships; and other factors that may be referred to in the Materials or the Website.
Except as may be otherwise expressly provided by written agreement between Elenia and you or any third party, Elenia will have no tort, contract or any other liability to you or any third party arising in connection with the use of the Website, or reliance on any Materials or services provided in this Website.
Elenia 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 Elenia has been advised of the possibility of such loss or damages.
The parties agree that the limitations to and exclusions of liability set out in these Terms and Conditions 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.
Governing Law
These Terms and Conditions and any non-contractual obligations arising out of or in conjunction with it, will be governed by, and construed in accordance with, the laws of Finland.
The Finnish courts will have exclusive jurisdiction to settle any disputes which may arise in connection with these Terms and Conditions.
By accessing the Website and the Materials, you represent, warrant and agree that you have read, understood and agree to the Terms and Conditions and you are otherwise permitted to access the Website and are doing so for informational purposes only in accordance with the terms set out above