Acknowledgment: www.niddahealthcare-offer.com is a site operated by Nidda Healthcare GmbH. By reading, accessing or making any other use of the information made available on this website (this “Website”), you acknowledge and irrevocably represent that you have read and understood these terms and conditions (as amended from time to time, the “Terms and Conditions”) and you voluntarily and irrevocably accept and agree to be bound by these Terms and Conditions. You also agree to comply with all laws and regulations applicable to the use of this Website and to the activities involved in using this Website. If you do not agree with these Terms and Conditions, do not use this Website. We have the right to disable any user identification code, password or access to the Website, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms and Conditions.
We amend these terms from time to time. Every time you wish to use the Website, please check these Terms and Conditions to ensure you understand the terms that apply at that time.
Purpose: This Website is used to communicate information to existing and prospective lenders and noteholders in connection with the reporting requirements under our principal financing arrangements. This Website may not be used for any other purpose. By accessing this Website, you confirm and agree that you continue to satisfy the foregoing eligibility requirements.
Confidentiality: This Website contains confidential information of Nidda German Topco GmbH and all Nidda group companies (including Nidda Healthcare GmbH, Nidda Healthcare Holding GmbH and Nidda BondCo GmbH; collectively, the “Company”, “we” or “our”). The existence and contents of this Website (or any part of it) may not be copied, reproduced or redistributed, passed on or otherwise divulged, directly or indirectly, to any other person including, without limitation, by e-mail or any other means of electronic communication, or published in whole or in part for any purpose without the prior written consent of the Company or the relevant author.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
No Offer: None of the information made available on this Website constitutes or forms part of, and is not made in connection with any offer, invitation or recommendation to subscribe for, underwrite or otherwise acquire any securities of the Company or any of its affiliates, nor should it or any part of it form the basis of, or be relied on in connection with, any contract to purchase or subscribe for any securities of the Company or any of its affiliates, nor shall it or any part of it form the basis of or be relied on in connection with any contract or commitment whatsoever. Any securities referred to herein have not been and will not be registered under the U.S. Securities Act of 1933, as amended (the “Securities Act”) and may be offered or sold only to investors who are either: (i) qualified institutional buyers (within the meaning of Rule 144A under the Securities Act) in the United States, or (ii) persons who are not U.S. persons (as defined in Rule 901 under the Securities Act) and who are acquiring such securities in offshore transactions in accordance with Regulation S under the Securities Act. You must comply with all laws that apply to you in any place in which you buy, offer or sell any securities or access or possess the content contained in this Website. If you access this Website, you must inform yourself about and observe any such restrictions and seek appropriate independent professional advice where necessary.
Forward-Looking Statements: Certain statements contained in this Website may be statements of future expectations and other forward-looking statements. The forward-looking statements include, but are not limited to, all statements other than statements of historical facts, including, without limitation, those regarding the Company’s future financial position and results of operations, strategy, plans, objectives, goals and targets and future developments in the markets where the Company participates or is seeking to participate. Any forward-looking statements in this Website are subject to a number of risks and uncertainties, many of which are beyond the Company’s control, that could cause the Company’s actual results and performance to differ materially from any expected future results or performance expressed or implied by any forward-looking statements. Due to such uncertainties and risks, you are cautioned not to place undue reliance on such forward-looking statements as a prediction of actual results. The information and opinions contained in this Website are provided as at the date of posting unless another date is indicated, and are subject to change without notice. Content on this Website will not be updated to reflect any subsequent development and may be superseded or otherwise modified by subsequent releases or other updates.
Use of this Website: We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may download and use certain content (the “Content”) that is purposely and expressly made available by the Company for downloading from this website, provided that: (1) you must not use the Content for any illegal purpose, (2) you do not remove any proprietary notice or disclaimer language in any copies of the Content, (3) you do not make modifications to the Content, (4) you do not make any representations or warranties relating to the Content, (5) you do not copy or post the Content on any networked computer or make the Content available on any website, media or application, (6) you use the Content on a strict non-reliance basis and only for your personal, non-commercial informational purpose, and do not use the Content for the purpose of generating any advice, recommendations, guidance, publications or alerts made available to your clients or other third parties or for the purpose of creating and/or operating (whether for your own purposes or on behalf of any third party) any financial product, index, or service, and (7) you accept and agree that neither the Company nor any other author of the Content accepts any responsibility, duty of care or liability towards you and, accordingly, if you wish to rely on the Content, you do so entirely at your own risk. Where the 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. Report. The aforementioned conditions shall however not apply to losses, damages or costs arising from the willful or fraudulent behavior (vorsätzliches Verhalten).
Changes to Website: Our Website is made available free of charge. We do not guarantee that the 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 site for business and operational reasons.
Governing Law: These Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by the laws of Germany. We both agree to the exclusive jurisdiction of the courts of Frankfurt., Germany, in the event of any disputes arising from these Terms and Conditions.