1. Terms and Conditions of Use
These terms and conditions of use ("Terms of Use") apply to your access to and use of our Two Magnolias Limited (“Two Magnolias”, “we”, “us”, “our”) website (the “Website”). Your access to or use of this Website implies your compliance with these Terms of Use – so please read the Terms of Use carefully, and if you do not accept any of the terms or conditions, you are not permitted to access or use this Website.
2. Content on the Website
Unless we state otherwise, all of the content and information posted on this Website (the “Content”) is posted by us as at the date indicated on the relevant material.
The Content is provided for personal use and information purposes only. It expressly does not reflect or look to take into account any investment or financial objectives or needs of any particular person and is not advice to any person or group or class of persons.
Nothing on this Website including any content hereon constitutes, is deemed or should be construed to constitute:
an invitation or inducement to engage in investment activity or a financial promotion of any kind; or
any investment advice or recommendation.
All intellectual property rights (including without limitation copyright, design rights, trademarks, service marks, get-up or trade dress, rights in goodwill or to sue in passing off or for unfair competition) in this Website and the associated Privacy Policy, and any edits, modifications, derivations, copies or versions thereof, are owned by Two Magnolias Creative Limited which has licensed the use thereof to Two Magnolias for inclusion and use in this Website and the Privacy Policy.
3. Permitted Users of the Website
The Content displayed on this Website contains material that may be interpreted by the relevant authorities in the country where you are viewing this Website as a financial promotion or an offer to invest. Accordingly, if you reside in any such country or fall within the scope of any law that seeks to regulate financial promotions in the country of your residence or in the country in which you are viewing this Website, please cease accessing or using this Website immediately.
4. Exclusion of Liability
WE TRY TO KEEP THIS WEBSITE AND THE CONTENT BUG-FREE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING IT "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, TWO MAGNOLIAS, ITS AFFILIATES, OFFICERS, ADVISORS OR AGENTS ACCEPT NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT DAMAGES, CONSEQUENTIAL OR SPECIAL DAMAGES, ECONOMIC LOSS, LOSS OF USE OR OPPORTUNITY, DATA OR PROFITS, COSTS OR EXPENSES INCURRED OR SUFFERED BY YOU OR THIRD PARTY, WHETHER IN CONTRACT OR DUE TO NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, RELIANCE ON, OR PERFORMANCE OF THIS WEBSITE OR ANY CONTENT CONTAINED HEREON, WHETHER DUE TO INACCURACY, ERROR, OMISSION OR ANY OTHER CAUSE AND WHETHER ON THE PART OF US, OUR EMPLOYEES, CONTRACTORS, OFFICERS, ADVISORS, AGENTS OR ANY OTHER PERSON, AND WHETHER OR CONTEMPLATED BY YOU AS AT THE TIME OF YOUR ACCESS AND/OR USE OF THE WEBSITE.
NOTHING IN THESE TERMS OF USE EXCLUDES, RESTRICTS OR MODIFIES ANY CONDITION, WARRANTY OR LIABILITY WHICH MAY AT ANY TIME BE IMPLIED BY STATUTE OR ANY OTHER APPLICABLE LAW WHERE TO DO SO IS ILLEGAL OR WOULD RENDER ANY PROVISION OF AN AGREEMENT VOID. IN. PARTICULAR, NOTHING IN THESE TERMS OF USE SHALL OR IS INTENDED TO EXCLUDE OR LIMIT OUR LIABILITY TO YOU FOR DEATH, PERSONAL INJURY OR FOR ANY OTHER LIABILITY FOR LOSS WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED.
5. Indemnity
You agree to indemnify Two Magnolias, Two Magnolias Creative Limited, and our respective partners, officers, advisors, agents and affiliates from and against any claim brought by third parties against Two Magnolias, Two Magnolias Creative Limited, or our respective partners, officers, agents and affiliates as a consequence of your breach of the Terms of Use.
6. Links
We may provide, on our Website, hyperlinks to other websites operated by third parties as a convenience to you. If you use these other sites, you will leave this Website. You acknowledge and accept that we have no control over, and assume no responsibility for, the availability, content, policies or practices of any such websites, nor do we in any way endorse or approve the content of those websites.
Two Magnolias makes no representations, warranties or guarantees of any kind about any of the content of any other website which you may access by hypertext link through this Website. In no event will Two Magnolias in any way be liable to you or any other person(s) or organisation(s) for loss or damage (whether direct, indirect, consequential, special or other) for any use of any site linked to it by means of hypertext or otherwise.
7. Intellectual Property Rights and Licence
The copyright, trademark, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, or any other intellectual property rights in the Website and the Content are owned by or licensed to Two Magnolias.
You shall not do or authorise any third party to do any act which would or might invalidate or be inconsistent with any rights held by us and/or our licensor in this Website or any Content and shall not omit or authorise any third party to omit to do any act which, by its omission would have that effect or character.
You shall not modify, adapt, develop, create any derivative work, reverse engineer, decompile, disassemble or carry out any act otherwise restricted by copyright or other intellectual property rights in. the Website or any Content, and you hereby assign to us all existing and future IP created in or arising from any of the above, and hereby agree promptly to execute all documents and do all acts as may, in our reasonable opinion, be necessary to give effect to this provision.
8. Privacy and Data Protection
By accessing the Two Magnolias website, personal data relating to you may be collected, processed and recorded by us in accordance with these Terms of Use and our Privacy Policy accessed here:
You must carefully read our Privacy Policy as it forms part of these Terms of Use.
9. Cookies
Two Magnolias may use "Cookies" to collect and access information concerning your visit to and use of the Website. "Cookies" are small pieces of information that your internet browser places on your computer’s hard drive and may be used by us or our affiliates to remember usernames and viewing preferences, track click streams on your browser and present users with personalised versions of the Website.
Two Magnolias presently uses the information it collects to identify you and your settings when you return to the Website and to enhance your experience of the Website.
Details, terms and conditions relating to Cookies and our use thereof is set out in our Privacy Policy, accessed here:
You must carefully read our Privacy Policy as it forms part of these Terms of Use.
10. Miscellaneous
You acknowledge and accept that you have not been induced to access or use this Website in reliance upon any representation, warranty, statement, agreement or undertaking whatsoever, made by us or in respect of Two Magnolias, save where the same are expressly set out herein.
If any portion of these Terms of Use is found to be unenforceable, the remaining portion will remain in full force and effect.
If we fail to enforce any rights under these Terms of Use, it will not be considered a waiver of those or any other rights.
You will not transfer any of your rights or obligations under these Terms of Use to anyone else without our consent.
Nothing in these Terms of Use shall prevent us from complying with the law.
Save for the licensor of any Content, these Terms of Use do not confer any third party beneficiary rights, and the Contract (Rights of Third Parties) Act is hereby excluded.
You will comply with all applicable laws when using or accessing this Website.
11. Password - Private Portion of Website
With respect to the private portion of the Website, you must keep your password confidential. You are solely responsible for maintaining the confidentiality and security of your password. You may not disclose your password to any third party. You accept full responsibility for any use of your password. You must notify Two Magnolias immediately of any actual or suspected loss, theft or unauthorized use of your password. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions.
12. Governing Law and Jurisdiction
The Terms of Use are governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction over any disputes arising under them.
Contact
If you have any comments, queries and requests relating to our use of your information please contact us at:
Updated and effective as of 11 May 2021