This mobile application is personal to the recipient and has been prepared and issued by Premier Benchmark Property Limited, t/a Greenman Investments (“Greenman”) in connection with the alternative investment fund (“AIF”) Greenman OPEN (“OPEN”, “us” or “we”). The Terms of Service (“Terms”) govern your use of OPEN’s finance-related mobile application (the “App”) and the services provided through the App (collectively, the “Services”). You are therefore advised to read this disclaimer carefully before reading, accessing, or making any other use of the App.

Acceptance of Terms

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, you must not use the App.

Eligibility

This App is intended for use by registered financial advisors and investors (the “Users”) who have created an account. By creating an account, you confirm that you are legally eligible to do so and that all information you provide is accurate and up to date.

You must be at least 18 years of age to use the App. By using the App, you agree that you meet this age requirement.

Account Registration

To access certain features of the App, you may be required to create an account. You agree to provide accurate and complete information during the registration process and to keep your account information up-to-date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree and acknowledge that the Appropriateness Assessment and/or the Suitability Assessment are performed on the basis of information and documents provided by you, and we may rely upon the information and documents provided by you and we are not responsible for any damages or losses which may arise from any inaccuracies. In addition, you agree to immediately notify us of any changes to the information and documents which you have provided, and to provide use with up to date, accurate and complete information to enable us to conduct each Appropriateness Assessment, and/or Suitability Assessment, at our reasonable request.

Use of the App

You agree to use the App in compliance with all applicable laws and regulations. You must not:

• Use the App for any illegal or unauthorized purpose, including but not limited to financial fraud or money laundering.
• Interfere with or disrupt the operation of the App or the servers or networks used to make the App available.
• Use the App to engage in any investment or financial activities that are prohibited by law.

Financial Data and Advice

The App may provide tools and features to help you manage your finances, track investments, or analyse financial data. However, the App does not provide financial advice, and the information provided through the App should not be considered as such.

We do not provide personalised investment recommendations or investment or tax-related advice. Any explanation or information which we give to you as part of a trade, or a copy trade, or about the performance of the trade or copy trade is not intended to be and should not be considered as advice.

By using this App, investors are not to construe the contents of this App or any prior or subsequent communications from the Platform, OPEN, Greenman, the Platforms Service Providers or any of their respective officers, members, employees, representatives, or agents as investment, legal, accounting, regulatory or tax advice.

You acknowledge that you are solely responsible for your financial decisions and that you should consult with a qualified financial advisor before making any investment decisions.

Content

Greenman has taken reasonable care to ensure that the information contained in this App is accurate as of the date of installation. Certain statements contained in this App are forward-looking statements. These forward-looking statements are based on current expectations, estimates, assumptions, and projections about the markets, in which OPEN shall operate, and the beliefs and assumptions of OPEN and Greenman. Words such as “expects”, “may”, “targeted”, “likely”, “assume”, “assumption”, “anticipates”, “should”, “intends”, “plans”, “believes”, “seeks”, “estimates”, “forecasts”, “projects”, variations of such words and similar expressions are intended to identify such forward-looking statements.

These statements are not guarantees of future performance and involve risks, uncertainties and assumptions which are difficult to predict.

The Key Risks of Using Our Services

The risk of using our Services is that you could lose all the money you have invested in OPEN. Therefore, you should not trade or invest money that you cannot afford to lose. It is important that you fully understand the risks involved before deciding to invest in light of your financial resources, level of experience, and risk appetite. If required, you should seek advice from an independent financial advisor.

Actual outcomes and results may differ materially from what is expressed or forecast in forward-looking statements. Among the factors that could cause actual results to differ materially are the general economic climate, inflationary trends, interest rate levels, the availability of financing, tenant strength, changes in tax and corporate regulations and other risks associated with the ownership and acquisition of commercial real estate, changes in the legal or regulatory environment or that the operation of OPEN may be greater than anticipated.

The value of your investments may go down as well as up. You may get back less than you invest.

Past performance is not a reliable guide to future performance.

Limitations to our Services

We may not provide all of our Services to customers domiciled in or who have nationality of certain countries due to restrictions under Applicable Law, or restrictions under our internal policies (these are known as “restricted countries”).

Security

We take the security of your data seriously. However, you acknowledge that no system is completely secure, and both Greenman and OPEN cannot guarantee the absolute security of your information. You are responsible for keeping your account credentials secure and for notifying us immediately if you suspect any unauthorized access to your account.

Intellectual Property

All content and materials available on the App, including but not limited to text, graphics, logos, and software, are the property of OPEN or its licensors and are protected by intellectual property laws. You may not use any content from the App without the express written permission of Greenman.

Privacy

Your privacy is important to us. Please review our Privacy Statement to understand how we collect, use, and protect your personal information.

Termination

We may terminate or suspend your access to the App at any time, with or without cause or notice. Upon termination, all licenses and rights granted to you under these Terms will immediately cease.

Disclaimers

The App is provided “as is” and “as available” without any warranties of any kind, whether express or implied. Greenman does not warrant that the App will be error-free or uninterrupted, nor does it guarantee the accuracy or reliability of any financial data provided through the App.

Limitation of Liability

To the fullest extent permitted by law, OPEN, Greenman, the Platforms Service Providers or any of their respective officers, members, employees, representatives, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use goodwill, or other intangible losses resulting from
(a) your use or inability to use the App.
(b) any unauthorised access to or use of our servers.
(c) any bugs, viruses, or other harmful code that may be transmitted to or through the App.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Ireland without regard to its conflict of laws principles.

Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice through the App or by other means. Your continued use of the App after any such changes constitutes your acceptance of the new Terms.

How you can make a complaint

If you are unhappy with a Service or something has gone wrong, please contact us. You may contact us directly via:
(a) the “Support” section of our App, where you will also find our complaints procedure or
(b) email [email protected].

For more information on our complaints handling procedure, please visit our website at https://www.greenmanopen.com/customer-service/regulation-license/.

Communication

You expressly consent to us using our platform or website www.greenmanopen.com, as we deem appropriate, to inform you of information about us and changes to such information.

We may also communicate with you via our website and applications, by email, telephone, fax, post, newsletter, letter, electronic chats, and/or any other means of communication. We will use the contact details you gave us when you opened your App account, and as updated by you to us.

If your details change, including your email address, contact numbers, name, home address, country of residence or nationality, you must tell us as soon as possible. If you do not let us know, you might not receive important information from us.

Our Agreement with you, and all information, statements and notifications between you and us, will be in English and we will communicate in English. If we provide you with documents in another language, and there is an inconsistency, the English version will prevail.

Contact Us

If you have any questions about these Terms, please contact us at [email protected].