KPMG Hold Harmless Letter
By clicking on the “I agree” button you are warranting that you have authority to accept the Terms below on behalf of your relevant company or organization.
General Disclaimer
You acknowledge that the Report in relation to the YCM Invest trading program of Finotec Trading UK Limited (the “Company”) is strictly confidential and may not be copied, reproduced, distributed or passed to others at any time without prior written permission of the Company. By accessing the Report, you accept that no representation or warranty, express or implied, is or will be made in or in relation to the Report and no responsibility or liability will be accepted by the Company as to or in relation to the accuracy or completeness of the information contained therein. You accept that the Report does not constitute any offer or invitation in relation to the YCM Invest trading program or otherwise. It is not intended to form the basis of any investment decision and before making any investment you should ensure that you fully understand the risks involved and seek independent advice if necessary.
KPMG Hold Harmless Letter
As a condition to accessing the Report in relation to the YCM Invest trading program of the Company you further agree to the following terms:
1 In connection with the prospective work, the Company has requested us to disclose our report outlining the performance of the YCM Invest trading program (the “Report”) to your relevant company or organization (“you”). The Company has further authorised us on their behalf and at our discretion to give explanations in relation to the Report and as to matters contained or referred to therein or arising therefrom where we consider it appropriate to do so.
2 KPMG does not warrant or represent that the information in our Report or otherwise furnished by KPMG or any of its partners, employees or agents (the “KPMG”) is sufficient or even appropriate for your respective purposes. That is a matter for your judgement.
3 For the foregoing reasons, neither the Report nor information furnished by KPMG can in any way serve as a substitute for other enquiries and procedures that you would (or should) otherwise undertake for the purpose of satisfying yourselves in the context of your own requirements which are not known to us. KPMG does not intend that any person should rely for any purpose whatsoever upon the Report or any representation, statement, explanation or disclosure KPMG may give or make regarding the Repot.
4 Notwithstanding the purposes for which the Report was prepared, we are prepared to disclose the Report to you, and at our discretion make or give representations, statements and explanations and disclose information in relation thereto and as to matters contained or referred to therein or arising therefrom, on condition that you acknowledge the foregoing, and agree to the following conditions upon which disclosure of the Report is granted and the representations statements andexplanationsand information referred to are given:
a) You agree and acknowledge that:
i) For the purposes of this letter, the expression "The Information" shall mean the Report and any information which is obtained from or provided by KPMG to you, whether by permitting disclosure of the Report to you or providing explanations thereof, or making representations, statements or disclosures arising therefrom or as to the state of affairs of the Company or otherwise.
ii) No one is authorised by KPMG to provide you with The Information or any part thereof on any basis which is inconsistent with or varies or adds to the terms hereof.
iii) To the extent that any of The Information may be construed as relating to the state or affairs of the Company, the onus shall be upon you to verify any such Information directly with the Company before relying upon it for the purpose of any decisions.
(b) You accept that KPMG owes no duty to you (whether in contract or tort or under statute or otherwise) with respect to or in connection with The Information or any part thereof. You accept that if you wish to rely upon any of The Information for any purpose, you will do so entirely at your own risk.
(c) You agree that KPMG has no liability to you for any loss or damage suffered or costs incurred by you or any other person, arising out of or in connection with the provision to you of The Information or any part thereof, however the loss or damage is caused including as a result of negligence and/or gross negligence, but not as the result of the fraud or dishonesty of KPMG, nor as a result of death or personal injury caused by the negligence of KPMG.
(d) You shall not allow access to any part of The Information to any person or entity, except as set out in 4(e) below.
(e) Prior to you allowing access to any part of The Information to any other person or entity you shall first obtain our prior written consent and furnish to KPMG the written agreement of such person or entity to be bound by and observe the terms hereof, as if imposed upon them directly, placing such person or entity in the same capacity as you.
5 This letter sets out the entire agreement of your arrangement with KPMG upon which The Information and every part thereof is supplied to you, and supplants all prior agreements (if any) between or amongst them in that regard. The terms of the agreement shall be governed solely by Cyprus law, and the Courts of Cyprus shall have exclusive jurisdiction in respect of any dispute arising therefrom or in connection therewith.
