Terms and Conditions

Please read these Terms and Conditions of Service carefully before using Niche Capital Corporation’s website (the “Site”). By using the Site, accessing or using any content available within the Site you agree to be bound by the following Terms and Conditions of Service (the “Terms and Conditions”). Your use of this Site signifies your acceptance of these Terms and Conditions. All reference to “Niche Capital Corporation,” “we,” “our,” and “us” in these Terms and Conditions refer to Niche Capital Corporation.

Niche Capital Corporation may, in its sole discretion and at any time and for any reason, change these Terms and Conditions or any policies or guidelines. You are responsible for reviewing the notice and applicable changes. Your continued use of the Site, after changes or modifications are posted, constitutes your acceptance of such changes.

Eligibility

Use of the Site is limited to parties that can lawfully enter into and form contracts. You represent and warrant that you are 18 years old or older or of the age of majority in the location where you preside. All information you provide is true, accurate, current and complete.

Jurisdiction

Unless otherwise specified, the materials on our Site are directed to those individuals and entities located in the United States, England and Wales.

Electronic Communications

By visiting the Site or by sending emails to us, you are knowingly and voluntarily consenting to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing

Conduct

You may not use the Site in any manner that could damage, disable, overburden, or impair the Site. You agree that you are responsible for your own conduct while using the Site and for any consequences thereof. As a condition of your use of the Site, you agree that you will not use the Site for any purpose that is unlawful or that is otherwise prohibited by these Terms and Conditions. By way of example, and not as a limitation, you agree that when using the Site, you will not:

• Restrict or inhibit any other user from using and enjoying the Site;
• Download information posted by a third party, knowing or reasonably knowing it is illegal in any nature;
• Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
• Post or transmit through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law;
• Use the Site for any illegal or unauthorised purpose;
• Remove any copyright, trademark or other proprietary rights notices contained in or on the Site;
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
• Use any device to retrieve any portion of the Site or collect information about users for any unauthorized purpose;
• Create user accounts by automated means or under false or fraudulent pretences;
• Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site;
• Post any materials that violate, plagiarise or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right.

You are responsible for any content you post on the Site. You agree that Niche Capital Corporation shall decide, in its discretion, if your conduct violates any aspect of these Terms and Conditions and that Niche Capital Corporation may take whatever action it deems appropriate to address such violation including without limitation notification of appropriate authorities and, suspension and/or removal of your access to the Site and/or any Niche Capital Corporation products or services.

Intellectual Property Rights

This Site, including but not limited to the trademarks, service marks, trade names, and trade dress on and copyrights to the content of this Site are the property of Niche Capital Corporation or its content suppliers and protected by international laws. Nothing in this Site grants to you any license or right to use any trademark, service mark, trade name or logo, copyright, trade dress, or other content displayed on this Site without prior written permission of Niche Capital Corporation. No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download copies of the materials for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Niche Capital Corporation’s copyright and other proprietary rights. The use of any such material on any other Site or computer network without Niche Capital Corporation’s written consent is strictly prohibited.

Submissions

We welcome any comments you may have regarding the Site, its products and services. We also welcome your interaction with the Site through the submission of other appropriate content. Any such comments or content you submit to us through the Site, such as remarks, suggestions, ideas, graphics, or other information becomes and remains the exclusive property of Niche Capital Corporation, even if these Terms and Conditions or any other agreement you have entered into with us is later terminated or amended. This means that we do not have to treat any such submission (including, but not limited to, product or advertising ideas) as confidential. We will not pay you or anyone else for any information that you provide which is used by us. Additionally, you acknowledge that you have full responsibility for any such submission you make, including its legality, reliability, appropriateness, originality, and copyright.

Export Regulations

In addition, we may share specific personally identifiable information as disclosed in a specific Privacy Notice posted on the page or area of this Site where you provided that information. You will receive notice when your personally identifiable information might be provided to any third party for any reason other than as set forth in this Privacy Policy, and you will have an opportunity to request that we not share such information.

Termination

You may terminate these Terms and Conditions at any time by discontinuing your use of the Site at any time. You do not need to specifically inform Niche Capital Corporation when you stop using the Site. Without limiting other remedies, Niche Capital Corporation may, in its sole discretion, at any time and for any reason, including a period of account inactivity or violation of these Terms and Conditions limit, suspend or terminate your user account, if you have one, access to or use of the Site and take technical and legal steps to keep you from using our Site and its services, if we believe there are problems, possible legal liabilities, or infringement of third party intellectual property associated with your use.

Links

We may provide links to various other websites that may be of interest to you and for your convenience only. Niche Capital Corporation does not control or endorse such websites or their content, nor is it responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms of use policies of each website that you may link to from our Site. The Terms and Conditions stated in this policy apply only to this Site and the products and services we offer. Niche Capital Corporation reserves the right to remove any link or linking program from this Site, at any time, without notice to you.

Disclaimer

Niche Capital Corporation expressly disclaims any responsibility or liability for any damage, loss, or injury you incur caused by a company or merchant included on the Site, listed in our directory, or otherwise linked on any pages in our domains arising out of:

• The activities of any of the companies;
• The goods or services offered or the content displayed by any of the companies; or
• Your purchase of or inability to purchase goods or services from any company.

Limitation of Liability and Indemnity

Notwithstanding any other provision in these terms and conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:

1. • Death or personal injury resulting from our negligence.
   • Fraud or fraudulent misrepresentation.
   • Action pursuant to section 2(3) of the Consumer Protection Act 1987.
   • Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.

We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise for the below mentioned losses which you have suffered or incurred arising out of or in connection with the provision of any matter in these terms and conditions even if such losses are foreseeable or result from a deliberate breach by us or as a result of any action we have taken in response to your breach:

1. • Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)
   • Any loss of goodwill or reputation; or
   • Any special or indirect losses; or
   • Any loss of data
   • Wasted management or office time
   • Any other loss or damage of any kind

You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these terms and conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.

This clause does not affect your statutory rights as a consumer.

General Information

Entire Agreement

The Terms and Conditions constitute the entire agreement between you and Niche Capital Corporation and govern your use of the Site. You may have entered into other agreements with Niche Capital Corporation. Those agreements are in addition to these Terms and Conditions. These Terms and Conditions do not modify, revise or amend the terms of any other agreements you may have with Niche Capital Corporation.

Waiver and Severability of Terms and Conditions

The failure of Niche Capital Corporation to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.

Nothing contained or represented on the Site shall in any way constitute an invitation or inducement to engage in investment activity or to engage in claims management activity whether under the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 or otherwise.

This document was last updated on 15^th January, 2021.