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If you are a Professional (p) legal entity and agree with the important notice below, then select the region of your registered office.
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Important notice: Access restriction

1) Exclusively for Professionals

We draw your attention to the fact that the information and content displayed on the Website and/or contained in the Reports (Content) is intended for the sole and exclusive use of Professionals as defined in GiraffEquity's Contractual Documentation and below.

Professionals can only be legal entities and exclude any natural person.

(p) A Professional is a person declaring:

i) to be either an Investor Professional or an Elective Professional, as defined below and

ii) to abide by all rules applicable to Professionals, including the automatic application of the Opt-up Procedure as described in the present clause 1.3.

1.1) An Investor Professional (p) is a legal entity which is i) a “professional client” according to a) all jurisdictions and laws applicable to it and b) the Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments (MiFID II), or ii) a more expert client with less protection than professional clients according to all jurisdictions applicable (classified as “eligible counterparty” in MiFID II).

1.2) An Elective Professional (p) is either i) an Elective Investor Professional, ii) a French Assimilated Professional, or iii) a Non-Investor Professional, as defined in the following clauses:

1.2.1) An Elective Investor Professional (p) is an Investor Professional who has declared that the present clause 1.1 is applicable to it but pursuant to any mistake or any change of situation - without the knowledge of GiraffEquity - or otherwise, ultimately does not fall into this category and accepts to be subject to the Opt-up Procedure.

1.2.2) A French Assimilated Professional (p) is a Professional legal entity of the European-Primary-Area (t) for which the present clause 1.1 does not apply and which accepts to be subject to the Opt-up Procedure, and whose registered and local office is in France, subject exclusively to French law.

1.2.3) A Non-Investor Professional (p) is a Professional legal entity of the European-Primary-Area (t) or the World Wider Area (t) for which the present clause 1.1 does not apply, and i) which has {by nature} no investment activity of its own and/or for third party accounts and which will not use the Content for any future investment activity {in particular in any securities of the Listed Companies mentioned in the Content}, and ii) which accepts to be subject to the Opt-up Procedure.

1.3) Opt-up Procedure

Any Elective Professional (p) by declaring to be within the Professional (p) category, automatically and unconditionally agrees i) to opt-up to the “professional client” categorization for all relevant jurisdictions and, if applicable, to the relevant national implementation of MiFID II and/or agrees to be voluntarily and exclusively subject to the laws applicable to such professional client categories and ii) to be qualified in the Website as a Professional and iii) to waive the level of protection afforded to retail clients and/or similar levels of protection in all jurisdictions applicable and iv) to acknowledge the consequences of such a diminished protection level accorded to it.

2) Territoriality

2.1) According to the rules defined herein, all Professionals (p) belong to a single and exclusive Territorial Area (t). This Territorial Area can be either the European-Primary-Area (t), the U.S. Territorial Area (t) or the World Wider Area (t). The European-Primary-Area is defined as the synthetic territory constituted exclusively of the countries of the European Union (EU), Andorra, Norway and Switzerland. The U.S. Territorial Area is defined as the United States of America (U.S.), whereas the World Wider Area excludes the European-Primary-Area and the U.S. Territorial Area.

2.1.1) A Professional (p) of the European-Primary-Area (t) i) excludes any U.S. Person (us) and/or any user of the Website in the U.S. and ii) must have its registered office and local office in the European-Primary-Area and be subject exclusively to laws in force in the European-Primary-Area.

2.1.2) All Professionals (p) i) with office(s) in the U.S., ii) who are U.S. Person(s) (us) and/or iii) who use the Website in the U.S. belong to the U.S. Territorial Area (t) and are designated as U.S. Professionals.

2.1.3) A Professional (p) which belongs neither to the European-Primary-Area nor to the U.S. Territorial Area is a Professional of the World Wider Area (t). This excludes any U.S. Person (us) and/or any user of the Website in the U.S.

2.2) As a consequence of the professional nature and audience of the Website and due to restrictions applicable to certain national jurisdictions, no natural person may access the Content or register with the Website.

3) Territorial access restriction

The access to the Content may be restricted by law in certain jurisdictions, especially in the UK, in the U.S. and in the World Wider Area (t). It is your own responsibility to seek information about such restrictions and, where applicable, comply with them.

3.1) If you are a UK Investor Professional (p), you can access the Content only if you are a legal entity falling within the scope of Articles 19(5) ("Investment professionals") or 49(2) ("High net worth bodies corporate, unincorporated associations and partnerships and trustees of high value trusts") of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended).

3.2) If you are a U.S. Person (us) and/or a U.S. Professional (p), you cannot access the Website. The Content is strictly prohibited to any U.S. Person and/or U.S. Professional and any U.S. Person and/or U.S. Professional should not rely or act upon it. The securities of the Listed Companies that are the subject of the Website may not be registered with, nor be subject to the reporting requirements of the U.S. Securities and Exchange Commission.

Exemption: if you are i) a U.S. Professional (p) and ii) a “Major Institutional Investor” as defined by Rule 15a-6 of the U.S. Securities Exchange Act of 1934, as amended, and as interpreted by the staff of the U.S. Securities and Exchange Commission, you may seek prior authorization with our company to register with the Website. We will examine your application and may consider, at our sole discretion, the possibility for registration in compliance with all applicable laws.

3.3) If you are a Professional (p) of the World Wider Area (t), you may seek prior authorization with our company to register with the Website. We will examine your application and may consider, at our sole discretion, the possibility for registration in compliance with all applicable laws.

4) Certification and agreement

4.1) Accessing the Website entails certification and agreement of belonging to the Professional (p) category and implies abiding by all the rules applicable to Professionals (p), including being subject to the automatic application of the Opt-up Procedure as described in the present clause 1.3, if applicable.

4.2) Any person who states they are a Professional (p) and is recorded as such during the registration process of GiraffEquity becomes i) a Registered User or a Registered Client after signing the Terms of Use of the Website and ii) a Professional Client of GiraffEquity after signing the General Conditions of our company.

4.3) Any person that, subsequently to registration, ceases to belong to the Professional (p) category i) must immediately inform GiraffEquity about this change and ii) is hereby informed that their access to the Website will be restricted as a consequence of this change in status.

4.4) The individual who applies or signs for registration declares i) to be acting solely on behalf of the legal entity he/she represents and ii) to have full capacity and authority to contract.

4.5) The consultation of any Content shall be deemed to take place in France and be subject to French law.

4.6) The present Access restriction notice and the declarative registration forms of the Website are part of the Contractual Documentation of Giraff Equity SARL and are subject to it. Should one of the clauses be ineffective or illegal for any reason, the full force and effectiveness of the other clauses will not be affected.


(t) A Territorial Area refers to a synthetic territory being either the European-Primary-Area, the U.S. Territorial Area or the World Wider Area. The European-Primary-Area comprised exclusively the countries of the European Union (EU), Andorra, Norway and Switzerland. The U.S. Territorial Area is defined as the United States of America (U.S.), whereas the World Wider Area excludes the European-Primary-Area and the U.S. Territorial Area. Any Professional (p) belongs to a single and exclusive Territorial Area (t). Professionals of the European-Primary-Area and the World Wider Area exclude any U.S. Person(s) (us).

(us) A U.S. Person is any person of the United States of America as defined in Section 902(k) of Regulation S (promulgated under the U.S. Securities Act of 1933) and the U.S. law in force.

 

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