Terms and Conditions

Information Purposes Only

This website and the material on it has been prepared solely for information purposes, and is not an offer to sell or a solicitation of an offer to buy or sell any security, product, service or investment. It must not be relied upon in connection with any investment decision. The opinions expressed in this website do not constitute investment advice and independent advice should be sought where appropriate. Neither the provision of the materials on this website nor its access by any person shall be deemed to give rise to any commitment or obligation on the part of TMM.

Use of the Website

This website is provided for your personal and non-commercial use only. You may not copy, display, reproduce, decompile, distribute, publish, modify, upload to, create derivative works from, sell or in any way exploit any part of this website or the material on it without the prior written permission of TMM. You may copy the material on this website for your own non-commercial use, provided that any copy retains in full all copyright or proprietary notices and these terms of use.

Disclaimer

This website and the materials and services available on it are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including but not limited to implied warranties or conditions of completeness, accuracy, sufficiency, reliability, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement of third party rights. TMM accepts no responsibility or liability for the functions contained on this website, and makes no warranties that such functions are free from interruption or error, that defects will be corrected, or that the website or server on which it is hosted is free from viruses or other damaging things. TMM shall not be liable to make any contribution to the cost of any servicing, repairs or corrections required by you.

Please note that the laws of some jurisdictions do not allow the exclusion of warranties or allow their exclusion only to a permissible extent, so the above disclaimer may not apply to you, or may only apply to such permissible extent.

Please note that the internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. As visitors access this website on a server in Ukraine, the information contained in this website is deemed to be provided in Ukraine and is subject to the applicable laws of Ukraine. If you access this website from outside of Ukraine, you do so at your own risk and are responsible for compliance with local, national or international laws including, without limitation, securities laws.

Please note that although this website is updated periodically, it may not always contain the most current information. The passage of time and/or the occurrence of subsequent events may have rendered the information contained therein inaccurate or incomplete. The website and the information (including changes to the terms herein) may be changed or updated from time to time without notice.

Past performance should not be taken as an indication or guarantee of future results, and no representation or warranty, express or implied, is made regarding future performance.

This website may contain forward-looking statements including statements concerning plans; opportunities; negotiations; markets and economic conditions; availability of financing; and property values. You can identify forward looking statements by terms such as "expect," "believe," "anticipate," "forecast," "estimate," "intend," "will," "could," "may" or "might," the negative of such terms or other similar expressions.

Such forward-looking statements are not guarantees of future performance of TMM or any other party. Such forward-looking statements speak only as at the date on which they are made. TMM does not undertake any obligation to revise these forward-looking statements to reflect future events, changes in circumstances, or changes in beliefs, whether as a result of new information, or otherwise.

Actual results may differ from those suggested by forward-looking statements due to factors outside of TMM's control, including changes in the relevant market or in general economic conditions, including the possibility of a general economic slowdown or recession; product and geographical concentration; industry competition; changes in interest rates and capital markets; discretionary government decisions; changes in the management team; changes in tax laws; weather conditions and other natural occurrences that may affect TMM's business or cause damage to assets; liability for environmental remediation and changes in environmental laws and regulations; failure or inability of third parties to fulfil their commitments or to perform their obligations under agreements; failure of parties to reach agreement on definitive terms or to close transactions; risks related to the financial strength of joint venture projects and co-owners; shortages in electrical power; our success at managing the risks of the aforementioned factors; and other risks inherent in the relevant business.

Privacy

Using this website, you do not disclose to TMM and TMM does not inquire from you any information or data, except for those that are automatically used by TMM hard- and software due to existing standards and protocols of internet data exchange.

You agree on the use of these data by TMM on terms established by these Website Conditions.

TMM collects, stores and processes this user technical information (including standard information on IP-addresses, cookies, and other data) only for the purpose of technical support of this website's functioning. Except for cases stipulated by Ukrainian legislation, TMM shall keep in secret any information received from users as a result of their use of this website and shall not disclose this information to third parties.

By setting your software (web-browser, in particular), you may individually change the access conditions for your confidential technical information.

TMM undertakes to inform you of technical information that has been collected and kept in relation to you.

Limitation of Liability

TMM accepts no liability, whether in an action under contract, tort or otherwise, for any direct, special, indirect, consequential or incidental damages or any other damages or losses of any kind, even if TMM has been advised of the possibility of such damage, arising from or attributable to anyone having access to, or using, or not being able to use, this website or any of the products, services and information available on it or otherwise in connection with the transmission, interception or corruption of communications to or from this website. The laws of some jurisdictions do not allow the exclusion of liability for consequential or incidental damages, or allow exclusion only to a permissible extent, so the exclusion may not apply to you, or may only apply to such permissible extent.

Indemnification

You agree to indemnify and defend TMM against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these terms and conditions or any use of this website or the material in it by you including, without limitation, resulting from negligent or wrongful conduct by you.

Trademarks

TMM is a registered trademark of TMM.

Other trademarks and means of individualization mentioned on this website may be trademarks (service marks) of the respective owners.

Links to Other Websites

Websites which are linked to this website are for information purposes only and have not been reviewed by TMM. TMM has no responsibility for and does not endorse or approve the contents of the websites or pages linked to this website, and TMM accepts no responsibility or liability for any losses or penalties whatsoever that may be incurred as a result of linking to any location on any linked sites.

Governing Law, Jurisdiction and Severability

Your use of this website shall be governed by Ukrainian law. Any invalidity of any of these terms of use shall not affect the effectiveness of the remaining terms.

Modification of the Website and Terms of Use

All information contained in this website is subject to change without notice. TMM may at any time alter the contents of the pages on this website, refer the reader to other websites or remove pages from its website. These terms of use may also change from time to time, and your use of this website following any such changes shall be deemed to constitute your acceptance of such modified terms of use.

Termination

TMM may terminate your licence to use this website at any time and without notice to you.

Applying to TMM, settlement of conflicts and disputes

All questions and applications regarding the use of this website as well as about TMM activities are handled by TMM authorized specialists by e-mail info@tmm.kiev.ua.

In case of a dispute between a user of this website and TMM in relation to using this website the following obligatory complaint procedure shall be applied.

The user who considers that his/her rights and/or interests were violated by TMM shall send a claim by e-mail info@tmm.kiev.ua in Ukrainian, English or Russian language indicating its full corporate name (for legal entities) or name and surname (for individuals), as well as the reply address (a postal and electronic addresses).

Within 10 business days upon the receipt of the claim, TMM undertakes to send a reply regarding the essence of the claim using sender's e-mail indicated in the application.

TMM shall not handle anonymous claims or claims that do not contain true and full information about the sender.

In case the user is not satisfied with the reply received from TMM or user has not received it in due time, the complaint procedure shall be duplicated by regular mail. For this purpose the TMM postal address indicated below shall be used, and the term of the TMM written reply should be prolonged up to 10 business days.

In case of a failure to settle the dispute through the complaint procedure, the dispute shall be settled in the Economic Court of Kyiv (in case the other party of the dispute is a legal entity or an entrepreneur without the status of the legal entity) or in the corresponding local district court of Kyiv (in case the second party of the dispute is an individual).