Terms of Use

Website terms of use

The following terms of use (the “Terms”) set out the conditions that apply to your use of: (i) this website; and (ii) all investor relations pages published by Nasdaq Corporate Solutions, inc. on behalf of NuCana PLC (“NuCana”), (together, the “Site”).

The Site is maintained by NuCana and access to and/or use of this Site is subject to the Terms and all applicable laws, statutes, and/or regulations.

Please read these Terms carefully as they affect your rights and liabilities under the law.

By accessing or using this Site, you agree to comply with these Terms and you represent and warrant (promise) to NuCana that you are eighteen (18) years of age or older.

If you are under the age of eighteen (18), or do not agree with these Terms, then you are not permitted to use this Site and must cease using the Site immediately.

All content on this Site is owned or controlled by NuCana and NuCana reserves all intellectual property rights in the same (whether registered or unregistered and existing anywhere in the world including, without limitation, under copyright).

1.1 Disclaimer of Warranties and Limitation of Liability

(A) NuCana maintains this Site as a service to the internet community. This Site is designed to provide general information about the subject matter presented.

(B) NuCana will use reasonable efforts to include accurate and up-to-date information on this Site but all information is provided "AS IS" and any reliance you may place on the content is entirely at your own risk. NuCana gives no warranties or representations (promises) as to the accuracy of information presented on this Site and hereby excludes all warranties, express or implied, including any warranties of satisfactory quality, fitness for a particular purpose, and non-infringement to the fullest extent permitted by applicable law.

(C) In addition, any information presented on this Site as of a particular date may only be accurate as of such date. NuCana shall not be held responsible for any action taken that is based on the information presented on this Site, and you agree that any reliance you may place on the content presented on this Site is at your own risk.

(D) To the maximum extent permissible under applicable law, neither NuCana nor any of its agents, representatives, or affiliates shall be liable for any loss or damage howsoever arising out of your access, use, or inability to use this Site, or any errors or omissions in the content of this Site.

(E) If a court of competent jurisdiction finds that the limitation of liability described above is unenforceable, then NuCana’s total aggregate liability to you under and/or in connection with these Terms (whether such liability arises in contract, tort (including negligence) or statutory duty) shall not exceed the sum of fifty pounds sterling (£50) and NuCana shall only responsible to you for foreseeable and loss and damage (that being loss or damage which is a direct and a natural result of our breach of these Terms).

(F) Nothing in these Terms shall serve to limit or exclude any liability for: (i) fraud or fraudulent misrepresentation; or (ii) any other liability which cannot be limited or excluded by applicable laws.

(G) NuCana will not be liable for any loss or damage caused by a virus that may infect your computer equipment, data or other property due to your use of the Site or to your downloading of any content from it, or from any website linked to it.

(H) You agree that any communication or material you transmit to NuCana via this Site or through electronic mail is transmitted by you on a non-confidential basis. NuCana may use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast and posting and without any compensation or other payment to you. Such purposes may include disclosure to third parties and/or developing, manufacturing and/or marketing goods or services.

(I) The sender of any communications to this Site or otherwise to us shall be responsible for the content and information therein, including its truthfulness and accuracy.

1.2 Markets and Investments

(A) This Site contains projections and other forward-looking statements regarding future events or our future financial performance.

(B) All statements (other than present and historical facts and conditions) including any statements regarding our future results of operations and financial positions, business strategy, plans and our objectives for future operations, are forward-looking statements (within the meaning of the US Private Securities Litigation Reform Act of 1995, Section 27A of the Securities Act of 1933, as amended, and Section 21E of the US Securities Exchange Act of 1934, as amended) (the “Statements”).

(C) The Statements are only predictions and reflect NuCana’s current beliefs and expectations with respect to future events and are based on assumptions and subject to risk and uncertainties and subject to change at any time.

(D) NuCana operates in a very competitive and rapidly changing environment. New risks emerge from time to time. Given these risks and uncertainties, you should not place undue reliance on these forward-looking Statements. Actual events or results may differ materially from those contained in the projections or forward-looking Statements.

(E) Some of the factors that could cause actual results to differ materially from the forward-looking Statements contained on this Site include, without limitation: (i) the development of Acelarin, NUC-3373 and NUC-7738, including Statements regarding the expected initiation, timing, progress and availability of data from NuCana’s clinical trials, (ii) the potential attributes and benefit of our ProTides and their competitive positions, (iii) NuCana’s ability to successfully commercialise our ProTides, if approved, (iv) NuCana’s expectations regarding the use of proceeds from this offering, (v) NuCana’s estimates regarding expenses, capital requirements and NuCana’s need for additional financing, (vi) NuCana’s ability to acquire or in-licence new product candidates, (vii) potential collaborations, (viii) the duration of our patent portfolio, and (ix) detailed in documents we file from time to time with the Securities and Exchange Commission. Forward-looking Statements on this Site are made pursuant to the safe harbor provisions contained in the US Private Securities Litigation Reform Act of 1995.

(F) This Site and its contents do not constitute an offer or a solicitation of an offer for sale of any securities. None of the content of this Site is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents, except as expressly required by applicable law.

(G) Nothing on this Site shall be deemed to constitute the provision of financial, investment or other professional advice in any way. The price of shares and other securities, and the income derived from them, may rise and fall and investors may not, therefore, recover the amounts originally invested.

1.3 Intellectual Property: Copyrights & Trademarks

(A) NuCana reserves all intellectual property rights (whether registered or unregistered and existing anywhere in the world) in respect of the trademarks, service marks, trade names, trade dress, content and products described or appearing on this Site (the “IPR”).

(B) Except as described elsewhere in these Terms, no use of any of the IPR may be made without our prior written authorisation, except to identify Nucana’s products or services.

(C) The NuCana company name and logo, and all product names, regardless of whether or not they appear in large print or with a trademark symbol, are trademarks of NuCana, unless otherwise noted. Use, reproduction, copying, or redistribution or removal from NuCana materials of these trademarks, without the written permission of NuCana is prohibited.

(D) The entire content of this Site, including any images or text, is protected by copyright. In consideration for your agreement to these Terms NuCana grants you a personal, non-exclusive, non-transferable licence to access and use this Site. You may download material from this Site only for personal, non-commercial use, and this Site may not be copied, distributed, downloaded, modified, reused, reposted, or otherwise exploited except as provided herein without the express written permission of NuCana. It is the policy of NuCana to enforce its intellectual property rights to the fullest extent permitted under law. The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes, and/or regulations.

(E) Acelarin is a registered trade mark of NuCana

1.4 Privacy Notice

(A) By using the Site, you also agree to our Privacy Notice, accessible from the Site.

(B) Please read the Privacy Notice carefully as it contains important information on how we use your personal data.

1.5 Third Party Websites

This Site may include links or references to other sites but we have no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from accessing such sites or relying on that content. Any links to other sites are provided as merely a convenience to the users of this Site.

1.6 Health Information

Users of this Site should be aware that any product(s) under development described herein have not been found safe or effective by any regulatory agency and are not approved for any use outside of clinical trials. The information presented on this Site should not be interpreted or construed in any way as a replacement or substitution for medical advice provided by your doctor or healthcare provider. It is important that you discuss your treatment options and any questions that you may have with your doctor or healthcare provider.

1.7 Contact Information

Questions or comments regarding these Terms should be submitted to NuCana as follows:
NuCana PLC
3 Lochside Way
Edinburgh
EH12 9DT
Telephone: +44 (0)131 248 3660
or e-mail us at info@nucana.com
But please note that NuCana’s registered office is at:
77 88 Cannon Street
London
EC4 6AF

1.8 Changes to the Terms

We may at any time modify these Terms by amending this page. Such modifications shall be effective immediately upon posting. We encourage you to return to these Terms from time to time to learn of any changes. Your use of this Site after changes are posted shall constitute your acceptance of any such modifications.

1.9 General

(A) If any part of these Terms is or becomes unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these Terms will not be affected.

(B) If NuCana choose not to enforce any right that it has against you at any time, then this does not prevent it from later deciding to exercise that right.

(C) These Terms contain the entire understanding and agreement between us in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you us to you which is not set out in these Terms.

(D) If any provision of these Terms is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable then the remaining provisions of these Terms shall continue in full force and effect. The judicial or other competent authority making such determination shall have the power to limit, construe or reduce the duration, scope, activity and/or area of such provision, and/or delete specific words or phrases as necessary to render, such provision enforceable.

(E) These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the law of England and Wales. Any dispute arising under these Terms will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

(F) The content on this Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable laws or regulations or which would subject NuCana to additional registration requirement within such jurisdiction or country.

Last Updated: September, 2017