Hali Terms of Use

Your access and use of the website located at www.hali.ie, including all related information, tools, technology, mobile applications, content, and services available from that website (the “Site”), which includes accessing, browsing or registering to use the Site, is governed by these Terms of Use. Please read the Terms of Use carefully. By accessing the Site or downloading any materials from the Site, you agree to these Terms of Use. If you do not agree to them, do not use the Site or download any materials, and exit the Site immediately. These Terms of Use are in addition to any other agreement between you and Hali, including those relating to any of the information or materials available via the Site.

1. PARTIES

1.1 The Site is operated by Hali Operations Limited, under registry number 672602 and registered address of Iconic Offices Southpoint, Suite 112, Herbert House, Harmony Row, Dublin 2, Dublin, Ireland. When we say 'Hali', 'we', 'us' or 'our', we mean Hali Operations Limited and any of our affiliates, such as CWTC Multi Family ICAV, who owns the Site.

1.2 Hali is registered as a property service provider with the Property Services Regulatory Authority in Ireland.

1.3 If you have any questions, complaints or comments regarding this Site, you may contact us at [email protected].

1.4 When we say 'you' or 'your', we mean any person who visits, accesses or uses the Site.

1. YOUR RESPONSIBILITIES

1.5 When using and accessing the Site you must comply with all applicable laws.

1.6 You must have access to the internet or other network service in order to access or use the Site. It is your responsibility to select, obtain and pay for internet and network access (including excess charges if you exceed any data caps) and any equipment, internet access or services necessary for such internet or other network access and to comply with the terms and conditions of the relevant service providers. We are not responsible for the failure of such internet or network services. You acknowledge that the quality and bandwidth of your internet or network service will affect the quality and speed of access to and use of the Site.

1.7 You are responsible for making all arrangements necessary for you to have access to or use of the Site and for ensuring that your device and software meets the minimum specifications and is configured correctly. You should use your own virus protection and firewall software.

1.8 You are responsible for ensuring that all persons who access the Site through your device or internet account are aware of these Terms of Use and other applicable terms and conditions and that they comply with them.

1.9 By using the Site, you acknowledge that the transmission of data over the internet can never be completely secure and you accept the risk that others may be able to read or intercept any submissions or other information, text, media, graphics you submit or send to or through the Site. This includes transmissions that are identified as secure or encrypted.

2. SETTING UP AN ACCOUNT

2.1 You need to register a user account to access or use certain features of the Site.

2.2 To register for and use the Site:

2.2.1 you must be at least 18 years old and are resident or seeking residence in the Republic of Ireland or Northern Ireland;

2.2.2 any personal information you provide must be accurate, up-to-date, and truthful and you must keep such information up-to-date;

2.2.3 you are solely responsible for all activity on your account or anything that happens using your user ID or password.

2.3 By registering a user account or using the Site, you confirm that: (a) you satisfy the conditions in paragraph 3.2; (b) you are not a person banned or restricted from access or using the Site; (c) you will comply with all applicable laws, and (d) your access or use of the Site does not violate any applicable law.

2.4 You may cancel your registration at any time by emailing us at [email protected]. If you do so, you must stop using the Site.

3. KEEPING YOUR ACCOUNT DETAILS SAFE

3.1 If you choose, or you are provided with, a user ID, password, or any other piece of information as part of our security procedures, you must treat such information as secure and confidential. You are responsible for keeping this information safe and must not disclose it to any third party.

3.2 For security purposes we recommend you do not re-use passwords you use for other services and that you choose a strong unique password (for example, a password combining upper and lower case letters, numbers and symbols).

3.3 If you forget your password, you can request instructions to reset it. We only reply to the email address used to register your account. To change your registered email address you must contact us by emailing [ [email protected] ].

3.4 If at any time, we reasonably believe that you have failed to comply with any part of these Terms of Use, or in response to any other security incident, we are entitled to disable any user ID or password, regardless of whether it was chosen by you or allocated by us. Taking this action does not limit any other rights we may have.

3.5 If you know or suspect any unauthorised use of your account, user ID, password, or of any other security breach you must immediately notify us at the following email address [email protected].

2 AUTHORIZED USE

2.1 Use of the Site is for informational purposes only. Hali is not responsible or liable for the accuracy, completeness, usefulness or availability of any information or other content, data, text, URLs, graphics or any other materials (collectively, the “Content”) transmitted or made available via the Site. Hali is not responsible or liable for any decisions made in reliance on such information.

2.2 Any use or attempted use of the Site:

2.2.1 for any unlawful, unauthorized, fraudulent or malicious purpose; or

2.2.2 that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; or

2.2.3 that could interfere with any other party’s use and enjoyment of the Site; or

2.2.4 to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or

2.2.5 to access systems, data, or information not intended by Hali to be made accessible to a user; or

2.2.6 to obtain or attempt to obtain any materials or information through any means not intentionally made available by Hali; or

2.2.7 for any use other than the purpose for which it was intended, is prohibited.

3. SITE CONTENT

3.1 All content accessible within the Site (including without limitation, the 'look and feel' of the Site, all text, formatting, graphics, designs, animation, images, audio, and other content, as well as all trademarks and service marks) is proprietary to us or to other parties who have consented to our use of it in accordance with applicable law, including applicable international treaties.

3.2 You may not:

3.2.1 copy, reproduce, transmit, alter, publish, distribute, or create derivative works from the Site content;

3.2.2 frame or deep-link to the Site; or

3.2.3 use meta tags or any other hidden text utilizing our or our content providers’ trademarks or service marks on or in connection with another domain name or Site.

The only exception to this is that you may print out a copy of pages solely for your personal use. In so doing, you agree that you will not remove or alter any copyright, trademark, or any other proprietary notice or legend appearing in any of the Site content.

3.3 All names, logos, and trademarks are the property of Hali, its affiliates, related companies, or its licensors or joint venture partners. Hali’s trademarks and brand names may be used only as stated in these Terms of Use or with prior written permission from Hali.

4. SUBMISSIONS

No questions, comments, suggestions, information, ideas, concepts, photographs, graphics or other materials, whether oral, written or electronic (collectively, “submissions”), will be considered or treated as confidential information. Accordingly, do not submit or send any submission to us that you consider contains confidential or proprietary information. Any submission, or any other content of any sort transmitted by you, other than personal data which is covered by our Privacy Policy, will be considered non-confidential and non-proprietary and Hali will not be subject to any restrictions or obligations with regard to it.

5. VIOLATIONS

Hali reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your access and/or account. Hali may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by Hali’ Privacy Policy, Hali reserves the right at all times to disclose any information as Hali deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hali’s sole discretion.

6. THIRD PARTY WEBSITES

In some instances, the Site may reference or link to third party websites. Should you choose to visit those websites, please remember that Hali is not responsible for their content, their terms of use, or their privacy policies. We encourage you to read and review the terms of use and other legal terms and policies of all websites you visit. You understand that Hali will not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve Hali in any dispute between you and a third party.

7. INDEMNITY

You agree to indemnify and hold Hali, and its owners, partners and affiliates, and their respective officers, directors, employees, representatives, contractors and agents (collectively, the 'Indemnified Parties') harmless from any actions, liability, loss, claim, damage or expense, including attorneys’ fees and expenses, related to your (i) use of the Site, (ii) violation of these Terms of Use, or (iii) reliance on any of the materials or information or other content available via the Site.

8. DISCLAIMER AND LIABILITY

8.1 Hali makes no representation or warranties, express or implied, with respect to the accuracy or completeness of the content, information, graphics, text, links, or other material contained on this Site and is not responsible for any errors or omissions in the content of this Site.

8.2 To the extent permitted by applicable law, everything on the Site is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, habitability, or non-infringement. You acknowledge that any reliance upon the Site or the information, material, systems, services or products contained or discussed therein shall be at your sole risk.

To the extent permitted by applicable law, in no event will Hali be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data, whether brought in contract or tort, arising out of or connected with the Site or the use or reliance upon, any of the content or any information accessed from the Site. Additional disclaimers may appear from time to time within the body of the Site and are incorporated herein by reference.

3.6 If you are a consumer user you have certain rights that cannot be excluded by contract; these Terms of Use do not limit or affect any of those rights that cannot be excluded or limited by contract.

9. NO INVESTMENT ADVICE

9.1 None of the information provided through the Site constitutes investment advice, and the views expressed should not be taken as advice to buy or sell any security. Decisions based on information contained or provided through the Site are your sole responsibility and at your own risk.

9.2 Nothing on or in the Site shall be considered a solicitation or offer to buy or sell any security, future, option, or other financial instrument or to offer or provide any investment, tax, financial or legal advice or service to any person in any jurisdiction. Any overviews provided through the Site are intended to be general in nature. While intended to be helpful, these overviews are no substitute for professional tax, financial or legal advice. Investors should seek such professional, financial, or legal advice for their particular situation.

10. NO OFFER

This content posted on the Site is provided solely for informational purposes. This Site is not intended to be and does not constitute, an offer for the sale, purchase, or lease of real property. Except for your agreement to abide by these Terms of Use, nothing in this Site or your use of the content contained herein shall be interpreted as giving rise to or forming the basis of a contract, commitment or obligation.

11. PROPERTY DISCLAIMERS/DISCLOUSER

11.1 All information posted on this Site is subject to change without notice.

11.2 The information and materials contained in this Site regarding individual developments, including photographs, renderings, floor plans, prices, rent ranges, facilities, land uses, improvements, amenities, dimensions, specifications, views, scenes, materials and availability, are proposed, are conceptual only and are subject to change, modification or cancellation without notice or obligation. Any lease or rate calculation is provided on an estimate basis for your reference only.

11.3 Scenes, pictures, drawings, illustrations, and/or views shown may be artist renderings and maybe locations or activities not on, or related to, the property or development. Actual views may vary, and views described or depicted cannot be relied upon as the actual view from any proposed unit, home, lot, amenity, or other improvement or area. Maps are not to scale and are for relative location purposes only.

11.4 There is no guarantee that the facilities, services, features, amenities, improvements, views, scenes, or specifications described, shown, or depicted within the Site will be constructed or otherwise provided, and if constructed or provided, that they will be of the same type, style, size or nature as described or depicted.

11.5 Ownership of a residence in a development community does not guarantee access to, or the right to use, amenities, such as parks or local amenities (including gyms), which may require the purchase of separate memberships and may be subject to other conditions on use. Certain amenities may not be complete and completion is neither warranted nor guaranteed.

12. GOVERNING LAW AND JURISDICTION

3.7 The existence, formation, interpretation, operation, and termination of these Terms of Use and any matters or disputes arising out of or in connection with them (whether contractual or non-contractual), are governed by and interpreted in accordance with the laws of Ireland. The Courts of Ireland will have exclusive jurisdiction on any matter or dispute (whether contractual or non-contractual) between you and us arising out of or in connection with the Site or the Terms of Use.

3.8 If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in the Terms of Use, including the paragraph above, affects your rights as a consumer to rely on such mandatory provisions of local law.

13. OTHER

13.1 Hali reserves the right to revise these Terms of Use at any time by updating this posting. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

13.2 Hali reserves the right to monitor and remove postings and/or discontinue Site availability, at any time without notice.

13.3 If any term, condition, or provision of these Terms of Use is determined to be unlawful, invalid, void or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

3.9 These Terms (including any additional terms or policies that we may provide when you engage with a feature of the Site), are the only agreement between you and us regarding use and access of the Site and supersede all previous agreements, promises, representations, warranties and understandings between you and us regarding the Site.

3.10 You are not allowed to assign, novate or transfer any of your rights or obligations under these Terms of Use to anyone unless we agree in writing in advance. We will act reasonably when considering any request under this section.

3.11 If we do not act to enforce these Terms of Use, we reserve the right to enforce them later. If we do not insist that you do anything you are required to do under these Terms of Use that will not mean that you do not have to do those things and we may take any relevant steps against you at a later date.

3.12 We are not responsible or liable for any failures or delays that arise from any cause outside our control. This paragraph does not affect your statutory rights.