The information contained in this website (the "Information" and the "Website") is issued for the sole purpose of providing information in relation to a potential investment in MPC Caribbean Clean Energy Limited (the "Company") by prospective investors ("Prospective Investors") that are not US Persons (as defined below) and that are resident in one or more of the following jurisdictions and not in any other jurisdiction: Jamaica, Trinidad and Tobago, (the "Permitted Jurisdictions"). The Company and the Class B shares available for subscription in the IPO have been registered in Jamaica and Trinidad and Tobago and not in any other jurisdiction. Any offer or sale of securities in any other jurisdiction may be restricted by law. Persons interested in investing in the Class B shares should contact their attorney at law or stock broker in order to determine whether they may participate in the IPO.
BY CLICKING "AGREE" BELOW, IF YOU ARE A PROSPECTIVE INVESTOR, YOU ACKNOWLEDGE, CONFIRM, REPRESENT AND AGREE THAT:
OR, OTHERWISE, THAT (A) YOU ARE AN ADVISER TO A PROSPECTIVE INVESTOR THAT WOULD ITSELF BE ABLE TO GIVE THE CONFIRMATIONS AT (1) AND (2) ABOVE AND (B) YOU WILL NOT SHARE THE CONTENT OF THIS WEBSITE WITH ANY OTHER PERSON.
The Company reserves the right to reject a subscription by any person if it becomes aware that such person has given a misrepresentation when accessing the website.
Any offer or sale of securities may in certain jurisdictions be restricted by law. The Information does not constitute an offer to sell or a solicitation of an offer to buy interests in the Company in any jurisdiction to any person to whom it is unlawful to make such offer or solicitation in such jurisdiction.
US Person means:
(i) any natural person resident in the United States;
(ii) any partnership or corporation organised or incorporated under the laws of the United States;
(iii) any estate of which any executor or administrator is a US person;
(iv) any trust of which any trustee is a US person;
(v) any agency or branch of a non-United States entity located in the United States;
(vi) any non-discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary for the benefit of a US person;
(vii) any discretionary account or similar account (other than an estate or trust) held by a dealer or other fiduciary organised, incorporated, or (if an individual) resident in the United States; and
(viii) any partnership or corporation if: (A) organised or incorporated under the laws of any jurisdiction other than the United States; and (B) formed by a US person principally for the purpose of investing in securities not registered under the Securities Act, unless it is organised or incorporated, and owned, by "accredited investors" (as defined in Rule 501(a) of Regulation D promulgated under the Securities Act) who are not natural persons, estates or trusts.
Notwithstanding the foregoing paragraphs (i) through (viii):
(a) any discretionary account or similar account (other than an estate or trust) held for the benefit or account of a non-US person by a dealer or other professional fiduciary organised, incorporated, or (if an individual) resident in the United States will not be deemed to be a "US person";
(b) any estate of which any professional fiduciary acting as executor or administrator is a US person will not be deemed to be a "US person" if: (i) an executor or administrator of the estate who is not a US person has sole or shared investment discretion with respect to the assets of the estate; and (ii) the estate is governed by laws other than those of the United States;
(c) any trust of which any professional fiduciary acting as trustee is a US person will not be deemed to be a "US person" if a trustee who is not a US person has sole or shared investment discretion with respect to the trust assets, and no beneficiary of the trust (and no settlor if the trust is revocable) is a US person;
(d) an employee benefit plan established and administered in accordance with: (i) the laws of a country other than the United States and (ii) the customary practices and documentation of such country, will not be deemed to be a "US person"; and
(e) any agency or branch of a US person located outside the United States will not be deemed a "US person" if the agency or branch: (i) operates for valid business reasons, (ii) is engaged in the business of insurance or banking, and (iii) is subject to substantive insurance or banking regulation, respectively, in the jurisdiction where it is located.
Further, none of the International Monetary Fund, the International Bank for Reconstruction and Development, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, the United Nations, or their agencies, affiliates and pension plans, or any other similar international organisation, or its agencies, affiliates and pension plans, will be deemed to be a "US person".
Neither Prospective Investors nor their Advisers should construe the contents of the Information as legal, tax, financial, investment, accounting or other advice, or as a recommendation by the Company, any member of the MPC Group or any of their respective affiliates, advisers, directors, employees or agents that any Prospective Investor should acquire any Interest.
No representation or warranty, express or implied, is or will be given by the Company, any member of the MPC Group or any of their respective affiliates, advisers, directors, employees or agents and, without prejudice to any liability for, or remedy in respect of, fraudulent misrepresentation, no responsibility or liability or duty of care is or will be accepted by the Company, any member of the MPC Group or any of their respective affiliates, advisers, directors, employees or agents, as to the fairness, accuracy, completeness, currency, reliability or reasonableness of the information or opinions contained in the Information or any other written or oral information made available to any Prospective Investor or its Advisers in connection with any application to subscribe for interests in the Company (a "Proposed Subscription") or otherwise in connection with the Information. In particular, but without prejudice to the generality of the foregoing, no representation or warranty is given as to the achievement or reasonableness of any future projections, forecasts, targeted or illustrative returns (“Forward-Looking Information”).
Past performance information contained in the Information or in such other written or oral material is not an indication of future performance. It has not been audited or verified by an independent party and should not be seen as any indication of returns which might be received by investors in the Company. Similarly, where Forward-Looking Information is, or related statements or expressions of opinion are, given it or they should not be regarded by any recipient of this Information as a guarantee, prediction or definitive statement of fact or probability. Actual events and circumstances are difficult or impossible to predict and will differ from assumptions. A number of factors could cause actual results to differ materially from those in any Forward-Looking Information. There can be no assurance that the Company's investment strategy or objective will be achieved or that investors will receive a return of the amount invested.
To the fullest extent possible, by clicking on "Agree" at the bottom of these terms and conditions, you release the Company, the members of the MPC Group and each of their respective affiliates, advisers, directors, employees or agents in all circumstances (other than fraud) from any liability whatsoever and howsoever arising from your use of the Information or any information or communications provided in connection with any proposed subscription for an interest in the Company. In addition, no responsibility or liability or duty of care is or will be accepted by the Company, any member of the MPC Group or any of their respective affiliates, advisers, directors, employees or agents for updating the Information (or any additional information), correcting any inaccuracies in it or providing any additional information to any Prospective Investor or its Advisers. Accordingly, none of the Company, any member of the MPC Group or any of their respective affiliates, advisers, directors, employees or agents shall be liable (save in the case of fraud) for any loss (whether direct, indirect or consequential) or damage suffered by any person as a result of relying on any statement in, or omission from, the Information or in, or omitted from, any other information or communications provided in connection with any proposed subscription for an interest in the Company.
Investment in the Company will involve significant risks. The Company's investments may be difficult to value and involve an above-average level of risk. No assurance can be given, and no representation is made herein, that the Company's investment strategy will be achieved or that investors will receive a return of their capital.
You must comply with all applicable laws and regulations in accessing the Website and using the Information. You must not introduce any computer virus, "Trojan horse", "worm" or other destructive code to the Website or to the systems on which the Website is held.
If you gain access to an area of the Website or read a document or information that you know or suspect that you should not have access to, you must immediately exit such area, erase all copies of any such document or information, and inform the Company. You must not divulge the fact of the disclosure or disclose the information gained therein to any other person or organisation.
When you leave (even for a short time) a computer or other communications device being used to access the Website, you must ensure that the computer or device be locked using a password that is known or accessible only to you and the relevant internal IT support department.
At the end of each session accessing the Website, you must close down the browser window.
You must not attempt to download, scan, copy, print, send or otherwise capture any of the Information, except that you may print or download Information for which the relevant capability has been enabled. You must not attempt to circumvent any of the Website's security features.
Updating the Website
The Company and its agents reserve the right to add further documents to the Website and update existing documents on the Website at any time. It is your responsibility to check for any such updates.
Availability of the Website
The Website is intended to be available 24 hours a day, 7 days a week. It is not envisaged that the Website will require any downtime, although this cannot be guaranteed.
The Company may withdraw the Website at any time without notice. No assurance is given that the Website will be available at any particular time or that any Information can be accessed in any format, at any download rate or at all. The Company may in its discretion provide alternative means for accessing the Information.
If you do not click on "Agree" at the bottom of the terms and conditions you will not be permitted to access the Website.
This agreement and the rights and obligations of the parties arising out of it, whether contractual or non-contractual, shall be governed by English law and the courts of London shall have exclusive jurisdiction to settle any dispute arising from or connected with this agreement (including, without limitation, any dispute regarding the existence, validity or termination of this agreement, or relating to any contractual or non-contractual obligation arising out of or in connection with this agreement), provided that nothing in this agreement prevents the Company from bringing proceedings in any other court or courts with jurisdiction. To the extent allowed by law, the Company may bring concurrent proceedings in any number of jurisdictions.
Without prejudice to the rights of any other person to enforce their rights under these terms and conditions, you hereby expressly agree (by clicking "Agree" below) that the Company, the members of the MPC Group and each of their respective affiliates, advisers, directors, employees or agents shall have the right to rely on the representations, warranties, undertakings and acknowledgments given by you through your acceptance of these terms and conditions, and shall be able to enforce, to the fullest extent permitted by law, the rights given to them pursuant to these terms and conditions.
By clicking "Agree" below, you indicate your acceptance of and agreement to be bound by these terms and conditions.
I acknowledge that I have read and understood the above information.
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MPC Caribbean Clean Energy Limited
Suite 1, Ground Floor, The Financial Services Centre
Bishop’s Court Hill
St. Michael, Barbados, BB14004
I. Name and address of controller
The controller as defined by the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
MPC Caribbean Clean Energy Ltd.
Suite 1, Ground Floor, The Financial Services Centre
Bishop’s Court Hill
St. Michael, Barbados, BB14004
II. General information on data processing
1. Scope of personal data processing
As a rule, we collect and utilise our users' personal data only if this is required to provide a functional website as well as our content and services. Personal data of our users are regularly gathered and used only on a statutory basis. One exception applies in cases in which there is no apparent statutory basis and processing of the data can only be legitimised by means of consent.
2. Legal basis for processing of personal data
If we obtain consent for processing of personal data from the data subject, point (a) of Article 6 (1) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
In the event of processing of personal data that is required for fulfilment of a contract to which the data subject is party, point (b) of Article 6 (1) GDPR serves as the legal basis. This also applies to processing measures that are required in order to perform pre-contractual actions.
If processing of personal data is required in order to fulfil a legal obligation that is incumbent upon our company, point (c) of Article 6 (1) GDPR serves as the legal basis.
In the event that vital interests of the data subject or of another natural person necessitate the processing of personal data, point (d) of Article 6 (1) GDPR serves as the legal basis.
If processing is required in order to uphold a legitimate interest of our company or of a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, point (f) of Article 6 (1) GDPR serves as the legal basis for processing.
3. Erasure of data and period stored
The personal data of the data subject are erased or blocked as soon as the purpose of storage ceases to apply. Storage can additionally be carried out if the European or national legislature has made provisions for this in Union regulations, acts or other rules to which the controller is subject. Blocking or erasure of the data is also carried out if a storage period specified by the aforementioned standards expires, unless it is necessary to continue storing the data in order to conclude or fulfil a contract.
III. Provision of the website and creation of log files
1. Description and scope of data processing
Each time our website is accessed, our system automatically records data and information from the computer system of the accessing computer.
The following data are gathered here:
Information on the browser type and the version used
(1) The user's operating system
(2) The user's IP address
(3) The data and time of access
(4) Websites from which the user's system reaches our website
(5) Websites that are accessed by the user's system via our website
The data are also stored in the log files of our system. These data are not stored together with other personal data of the user.
2. Legal basis for data processing
The legal basis for temporary storage of the data and log files is point (f) of Article 6 (1) GDPR.
3. Purpose of data processing
Temporary storage of the IP address by the system is necessary in order to enable delivery of the website to the user's computer. To this end, the user's IP address must be stored for the duration of the session.
Storage in log files is carried out in order to ensure that the website works properly. In addition, we use the data to help us optimise the website and to ensure the security of our IT systems. No evaluation of the data for marketing purposes is performed in connection with this.
These purposes also account for our legitimate interest in data processing as per point (f) of Article 6 (1) GDPR.
4. Period saved
The data are erased as soon as they are no longer needed to fulfil the purpose for which they were gathered. In the event of data recording for provision of the website, this is the case when the respective session is ended.
In the event of data storage in log files, this is the case after no more than 365 days.
IP addresses are fully logged for a maximum of 24 hours. Thereafter, anonymisation is performed by erasing the last octet so that it is no longer possible to associate with the accessing client.
5. Option of objection and rectification
Data recording to provide the website and storage of data in log files are absolutely essential to operation of the website. Consequently, there is no possibility of objection on the part of the user.
1. Description and scope of data processing
The following data are stored and transmitted in the cookies:
- Language settings
- Login information
2. Legal basis for data processing
The legal basis for processing of personal data with the use of technically essential cookies is point (f) of Article 6 (1) GDPR.
3. Purpose of data processing
We need cookies for the following applications:
•Savings of language settings
The user data gathered by means of technically essential cookies are not used to create user profiles.
4. Duration of storage, option of objection and rectification
If you prevent your browser from accepting cookies, this means that you will not be able to us all functions of webiste.
V. Rights of the data subject
You have the right:
•pursuant to Article 15 GDPR to request information on your personal data that is processed by us. In particular, you may request information on the purposes of the processing, on the categories of personal data, on the categories of recipients to whom your personal data have been or will be disclosed, on the envisaged period stored, on the existence of the right to request rectification, erasure, restriction of processing or to object, on the existence of the right to lodge a complaint, on the source of your data if they are not collected by us and on the existence of automated decision-making, including profiling and any meaningful information about the particulars thereof;
•pursuant to Article 16 GDPR to request prompt rectification of inaccurate personal data or completion of your personal data that is stored by us;
•pursuant to Article 17 GDPR to request the erasure of your personal data that are stored by us, provided that processing is not required for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
•pursuant to Article 18 GDPR to request the restriction of processing of your personal data, if you contest the accuracy of the data, if the processing is unlawful but you oppose its erasure and we no longer need the data but you require them for the establishment, exercise or defence of legal claims or if you have objected to processing pursuant to Article 21 GDPR;
•pursuant to Article 20 GDPR to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request transmission to another controller;
•pursuant to Article 7 (3) GDPR to withdraw the consent you have already granted us at any time. The result of this will be that we are no longer permitted to continue the data processing that was based on this consent in future and
•pursuant to Article 77 GDPR to lodge a complaint with a supervisory authority. To do so, you may generally contact the supervisory authority of your habitual residence or place of work or our company headquarters.
Right to object (to advertising)
Provided that your personal data are processed based on the legitimate interests under point (f) of Article 6 (1) GDPR, you have the right pursuant to Article 21 GDPR to object to the processing of your personal data to the extent that there are grounds for this relating to your particular situation or if the objection is to direct marketing. In the latter case, you have a general right to object that will be enforced by us without specifying a particular situation.
If you would like to assert your right to withdraw or object, it is sufficient to send an email to firstname.lastname@example.org.
Changes to data protection standards
If any change to these data protection standards become necessary in future, you will always be able to find the latest version here.