Please Read These Terms And Conditions Carefully Before Using This Website  

What’s in these terms?

These terms and conditions (Terms) tell you the rules for using our website (our Website).

Who we are and how to contact us

www.timbercreek.ie is a site operated by Timbercreek Ireland Private Debt Designated Activity Company (We). We are registered in Ireland company number 595153 and have our registered office at c/o Beauchamps, Second Floor, Riverside Two, Sir John Rogerson’s Quay, Dublin 2. Our main trading address is The Merrion Building, 20 Merrion Street, Suite 203, Dublin 2. Our VAT number is 3471726JH.

To contact us, please email proddy@timbercreek.com, write to us at the above address or telephone us on +353 1 905 3708.

By using our website you accept these terms

By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website or its content. We recommend that you print a copy of these Terms for future reference.

There are other terms that may apply to you

These Terms refer to the following additional terms, which also apply to your use of our Website:

  • Our Privacy Statement (http://www.timbercreek.ie/privacy-statement), which sets out the terms on which we process any personal data we collect from you, or that you provide to us as well as set out information about the cookies on our Website. By using our Website, you consent to such processing.

We may make changes to these terms

We amend these Terms from time to time. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time.

We may make changes to our website

We may update and change our Website from time to time. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our website

Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.

Prohibited uses

You may use our Website only for lawful purposes. You may not use our Website:

  • in any way that breaches any applicable local, national or international law or regulation nor permit or assist others to do so
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect
  • to knowingly transmit any data or send, introduce or upload any material, codes, files or programs that contain viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware
  • You also agree:

  • not to breach our intellectual property rights including but not limited to patents, copyright, database rights, design rights, trade marks (registrable or not), trade secrets or know-how; or breach the intellectual property rights of a third party
  • engage in any conduct that constitutes a criminal offence or that gives rise to civil liability as well as encourages such conduct
  • engage in any conduct that violates these Terms or our Privacy Statement or interferes with the use and enjoyment of our Website by others
  • not to attack our Website via a denial-of-service attack or a distributed denial-of service attack
  • not to access without authority, interfere with, damage or disrupt:
  1. any part of our Website;
  2. any equipment or network on which our Website is stored;
  3. any software used in the provision of our Website; or
  4. any equipment or network or software owned or used by any third party.

Intellectual property

All information, data and materials presented on our Website, including names, logos, etc., as well as the colour scheme and the layout of our Website, are subject to copyright, trade mark rights, database rights and/or other intellectual property rights. All such rights are reserved. You may use such content only as strictly required for permitted personal, non-commercial purposes. Any other use and/or reproduction of such content, without our prior written consent, is prohibited and will constitute a breach of these Terms and may infringe our intellectual property rights.

Do not rely on information on this website  

The content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely and should not be construed as an offer, recommendation, inducement, solicitation or representation of suitability of any security or investment. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website.

We are not responsible for websites we link to  

Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

Limited liability

You understand and agree that the Website is provided on an “as is” basis. Our Website is available without any representations or warranties of any kind either express or implied. To the maximum extent possible by law, we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any content on it. We make no representations, warranties or undertakings in respect of our Website or any of the information, content or material on the Website or its quality, accuracy or fitness for purpose or any of the information, content or material on any website referred to or accessed by hypertext link or otherwise through our Website. We also do not represent or warrant that our Website shall be free from inaccuracies or typographical errors. We expressly excludes any warranty, representation or undertaking that you will be able to access or use our Website at times or locations of your choosing. We do not represent or warrant that our Website will be free from any bugs, virus, worms, Trojan horse or that our Website will be uninterrupted, secure or error free or is compatible with any other software or material.

We shall not be liable to you for any loss or damages (including but not limited to consequential, special, direct, indirect or damages) nor for any loss of data, profits, revenue or business, whosoever caused, even if foreseeable, arising under or in connection with the use of (or inability to use) our Website and our services; the use of any other websites to which our Website provides a link; or use of or reliance on any content displayed on our Website or any such other websites and any reliance on same is at your own risk.

The limitation of liability in these Terms does not exempt fraud and misrepresentation, death or personal injury caused by our negligence.

You are responsible for your information technology systems 

You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software.

Rules about linking to our website  

You may not establish and/or operate links to our Website without our prior written consent.

Breaches

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate which includes:

  • immediate, temporary or permanent withdrawal of your right to use our website
  • issue of a warning to you
  • legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach
  • further legal action against you
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law

We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Severability

If any court of competent jurisdiction decides that any part, term or provision of these Terms is invalid or otherwise unenforceable, such provision shall be severed and deleted from these Terms and the remainder of these Terms shall continue to have force and effect.

Which country’s laws apply to any disputes?  

These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Irish law. We both agree to the exclusive jurisdiction of the courts of Ireland.

Queries

If you have any queries regarding these Terms, please contact us as follows:

  • Writing: Timbercreek Ireland Private Debt Designated Activity Company , The Merrion Building, 20 Merrion Street, Suite 203, Dublin 2
  • Telephone: +353 1 905 3708
  • Email: proddy@timbercreek.com