Important notice

1.            Important notice

This website (the "Website")  is not intended to offer or to promote the offer or sale of the shares (the "Shares") of US Solar Fund plc (the "Company") in the United States or to any "U.S. Persons" as defined in Regulation S ("US Persons") under the US Securities Act of 1933, as amended (the "Securities Act").

The materials contained on this Website are not for release, publication or distribution, directly or indirectly, in whole or in part, to us persons or into or within the United States, Australia, Canada, South Africa, New Zealand, Japan or in any other jurisdiction, or to any other person, where to do so would constitute a violation of applicable law or regulation.

The information contained on this Website does not constitute or form a part of any offer to sell, or the solicitation of any offer to purchase or otherwise acquire, any securities in the United States or in any jurisdiction in which such an offer or solicitation would be unlawful. The Company has not been and will not be registered under the United States Investment Company Act of 1940, as amended (the "Investment Company Act") and, as such, holders of the shares of the Shares will not be entitled to the benefits of the Investment Company Act. The Shares have not been and will not be registered under the Securities Act, or with any securities regulatory authority of any state or other jurisdiction of the United States, and may not be offered, sold, resold, pledged, transferred or delivered, directly or indirectly, into or within the United States or to, or for the account or benefit of, any US Persons, except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act and in compliance with any applicable securities laws of any state or other jurisdiction of the United States and in a manner which would not require the Company to register under the Investment Company Act. There has been and will be no public offer of the Shares in the United States. The offer and sale of the Shares have not been and will not be registered under the applicable securities laws of Australia, Canada, South Africa, New Zealand or Japan. Potential users of the information contained herein and on the pages that follow are requested to inform themselves about and to observe any applicable restrictions.

2.            Use of this website

It is important that you read these terms of use (the "Terms of Use") as your access to the Website is governed by them. We can make changes to the Terms of Use at any time and will post any amended Terms of Use to the Website. If you continue to use the Website, you will be deemed to have accepted those amended Terms of Use.

The Terms of Use refer to our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us, which also apply to your use of the Website.

The information herein is current at the date of publication but is subject to material change, updating, revision, correction, completion and amendment.

3.            Access to the Website

We try to ensure that you have uninterrupted access to the Website and its content and features but we cannot guarantee that access will always be available or uninterrupted.

From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or other unforeseen circumstance or because we are carrying out planned maintenance. We will not be liable to you for any loss or damage which you may suffer as a result of the Website being unavailable at any time for any reason.

We may seek to suspend or disable your access to the Website at any time if, in our reasonable opinion you have failed to comply with these Terms of Use;

4.            No offer

Nothing herein is intended to be construed as an offer, invitation or inducement to engage in investment activity, or investment advice or recommendation, in relation to the acquisition of Shares in the Company and should not be relied upon as such by any person.

5.            Advice

The Company will not be responsible for advising users of this Website or any other person or providing them with the protections it provides to its customers. Any advice displayed on this Website is general advice only and has been prepared without taking into account your objectives, financial situation and needs. Because of this you should consider the appropriateness of the advice having regard to your objectives, financial situation and needs.

You should obtain a prospectus relating to any Shares and consider it before making any decision about whether to acquire any Shares (including whether you are eligible to acquire such Shares). We recommend that you consult your fund manager, broker, solicitor, accountant or your appropriately authorised independent financial adviser if you require any further advice. New Energy Solar Management Pty Limited (the "Manager") and the Company do not guarantee the performance of the Company and further make no recommendation on the Company or its Shares. Recipients rely on the information in the publications at their own risk. Recipients should not rely on the publications as advice for any particular matter, but should make their own assessment and evaluation, undertake investigation and enquiries and seek advice to enable them to make any decision concerning their own interests. Furthermore, the information contained on this Website may contain forward-looking statements. Any statement other than a statement of historical fact is a forward-looking statement. Actual results may differ materially from those expressed or implied by any forward-looking statement. The Company does not undertake any obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. You should not place undue reliance on any forward-looking statement, which speaks only as of the date of its issuance.

The Company, the Manager and each of their respective affiliates expressly disclaim all and any liability to any recipient whatsoever in respect of anything done by any such recipient in reliance on any of the publications. To the extent that the law permits, the Company, the Manager and each of their respective affiliates will not be liable in any way (whether in negligence or otherwise) for any loss or damage which may be suffered by a recipient in connection with the contents of or any omission from content contained in the publications.

6.            Permitted users

This Website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this Website is prohibited or subject to any necessary registration or regulation not held by the Company. Persons in respect of whom such prohibitions apply must not access the relevant pages on this Website. The laws and regulations of the country from which you access this site may include restrictions on the diffusion of information contained in the Website; it is your responsibility to ensure that your use complies with any restrictions or any applicable local laws regarding use of the information on this Website.

7.            Copyright

The Company or, where relevant, the Manager (or one or more of its affiliates) is the owner or the licensee of all intellectual property rights in and to the Website, and the content, information, imagery and data published on them, including copyright and trade mark rights (whether registered or unregistered). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

www.ussolarfund.co.uk is the uniform resource locators (URL) of the Company in the UK. You will not make any use of these URL (or any other URL owned by the Company, the Manager or any of their affiliates) without prior written consent. You may not link to the Website without prior written consent from the relevant party.

You will retain ownership of all copyright in data you upload or submit to the Website. You grant each of the Company and the Manager a worldwide, royalty-free, irrevocable licence to use, copy, distribute, publish and transmit this data in any manner (subject to our Privacy Policy).

8.            Tax

Tax assumptions may change if the law changes and the value of tax relief (if any) will depend upon your individual circumstances. You should consult your own tax advisers in order to understand the consequences of investing in the Company.

9.            Privacy and cookies

You agree that all personal information you provide to us via this Website may be collected, stored, processed and used in accordance with our Privacy Policy

These Terms of Use should be read alongside and are in addition to the Privacy Policy and, by using this Website and any other systems or services provided through it, you confirm that you have had a proper opportunity to read the Privacy Policy and agree to be bound by it. If you do not agree to the Privacy Policy, you must stop using this Website immediately.

When you use this Website, we may collect information about your computer (including, where available, your IP address, operating system and browser type) and your interaction with the Website, including for the purposes of marketplace administration and service improvement. See our Privacy Policy for more information.

10.          Third party websites

The Website may contain hyperlinks or references to third party websites. Any such hyperlinks or references are provided for your information and convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party website.

11.          Disclaimer

The Company and the Manager are not giving any warranty or making any representation as to the accuracy, reliability, timeliness or completeness (now or in the future) of any information on this Website, or as to non-infringement of third party rights or freedom from computer virus. As a result, the Company and the Manager do not accept any on-going obligation or responsibility in respect of any errors or omissions in any information contained on this Website, or any interruptions or delays in service which may occur. The internet is not a secure medium of communication unless the data being sent is encrypted. None of the Company, the Manager or any of its affiliates, subsidiary and parent undertakings accept any responsibility for unauthorised access by a third party or the corruption of data sent to it.

12.          Content

By continuing to use this Website, you agree to the exclusion by the Company and its affiliates, subsidiary and parent undertakings, to the extent permitted by applicable law and regulation, of any and all liability for any direct, indirect, punitive, consequential, incidental, special or other damages, including, without limitation, loss of profits, revenue or data arising out of or relating to your use of and our provision of this Website and its content. By proceeding, you are representing that you have understood and accepted the Terms of Use. You also (i) agree that such information will apply to any subsequent access to the Website, and that all such subsequent access will be subject to the disclaimers, risk warnings and other information set out herein and (ii) warrant that no other person will access this Website from the same computer and logon as you are currently using.

13.          Governing law and jurisdiction

These Terms of Use (and any non-contractual obligations arising out of them) are governed by and interpreted in accordance with the laws of England and Wales and the courts of this jurisdiction will have exclusive jurisdiction in respect of any dispute which may arise. Your use of this Website shall be deemed acceptance of the laws of England and your agreement that, in the event of any dispute or proceeding you irrevocably submit to the exclusive jurisdiction of the English courts and waive any objection to proceedings in such courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of the Terms of Use shall continue in full force and effect. The Terms of Use constitute the entire agreement between the Company and you with regard to this Website and it supersedes all prior or contemporaneous communications, agreements and understandings between the Company and you with respect to the subject matter hereof. None of the Terms of Use are enforceable under the Contracts (Rights of Third Parties) Act 1999 by a person who is not a party to them, save for the Company, who shall have the benefit of the rights, powers, protections and terms specified in these Terms of Use.

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IMPORTANT NOTICE:  Due to restrictions under applicable securities laws, access to this website is not permitted in certain jurisdictions. 

The information contained in this website does not constitute an offer to sell, or the solicitation of an offer to acquire or subscribe for, any securities of US Solar Fund plc in any jurisdiction in which, or to any person to whom, such offer or solicitation would be unlawful.

Terms of use

THIS WEBSITE IS NOT INTENDED TO OFFER OR TO PROMOTE THE OFFER OR SALE OF THE SHARES (THE "SHARES") OF US SOLAR FUND PLC (THE "COMPANY") IN THE UNITED STATES OR TO ANY "U.S. PERSONS" AS DEFINED IN REGULATION S ("US PERSONS") UNDER THE US SECURITIES ACT OF 1933, AS AMENDED (THE "SECURITIES ACT").

THE MATERIALS CONTAINED HEREIN ARE NOT FOR RELEASE, PUBLICATION OR DISTRIBUTION, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, TO US PERSONS OR INTO OR WITHIN THE UNITED STATES, AUSTRALIA, CANADA, SOUTH AFRICA, NEW ZEALAND, JAPAN OR IN ANY OTHER JURISDICTION, OR TO ANY OTHER PERSON, WHERE TO DO SO WOULD CONSTITUTE A VIOLATION OF APPLICABLE LAW OR REGULATION.

The information contained herein and on the pages that follow does not constitute or form a part of any offer to sell, or the solicitation of any offer to purchase or otherwise acquire, any securities in the United States or in any jurisdiction in which such an offer or solicitation would be unlawful. The Company has not been and will not be registered under the United States Investment Company Act of 1940, as amended (the "Investment Company Act") and, as such, holders of the shares of the Shares will not be entitled to the benefits of the Investment Company Act. The Shares have not been and will not be registered under the Securities Act, or with any securities regulatory authority of any state or other jurisdiction of the United States, and may not be offered, sold, resold, pledged, transferred or delivered, directly or indirectly, into or within the United States or to, or for the account or benefit of, any US Persons, except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act and in compliance with any applicable securities laws of any state or other jurisdiction of the United States and in a manner which would not require the Company to register under the Investment Company Act. There has been and will be no public offer of the Shares in the United States. The offer and sale of the Shares have not been and will not be registered under the applicable securities laws of Australia, Canada, South Africa, New Zealand or Japan. Potential users of the information contained herein and on the pages that follow are requested to inform themselves about and to observe any applicable restrictions.

The information contained herein and on the pages that follow may contain forward-looking statements. Any statement other than a statement of historical fact is a forward-looking statement. Actual results may differ materially from those expressed or implied by any forward-looking statement. The Company does not undertake any obligation to update or revise any forward-looking statements, whether as a result of new information, future events, or otherwise. You should not place undue reliance on any forward-looking statement, which speaks only as of the date of its issuance.

The Company may change these terms and conditions from time to time and any such changes will be posted on this website. Your access to this website is governed by the version of these terms and conditions then in force.

By clicking "I understand and agree" below, you represent, warrant and agree that you (1) have read, understood and agree to be bound by the terms and conditions and other information set out above, (2) are permitted under applicable laws and regulations to receive the information contained herein and on the pages that follow, and (3) agree that you will not transmit or otherwise send any information contained in this website to any persons in the United States or who are US Persons or to any publications with a general circulation in the United States. If you cannot so represent, warrant and agree, you must click the button labelled "I decline" or otherwise exit this website.