WEBSITE TERMS OF USE

This page (together with our Website Privacy Notice, available here, gives you information about BF Capital (as defined below) and the terms and conditions (Terms of Use) on which you can access and use the Site (as defined below).

By using the Site, you confirm that you accept these Terms of Use and that you agree to comply with them. These Terms of Use will apply to any use of the Site, including accessing, browsing, uploading and downloading materials or contacting us using the Site. Please read these terms carefully and make sure that you understand them before using the Site.  If you refuse to accept these Terms of Use, you must not use the Site.

We may amend these Terms of Use from time to time. Please check these Terms of Use regularly to ensure you understand the terms which will apply at that time. These Terms of Use were last updated in June 2024.

  1. INFORMATION ABOUT US

The website available at www.bfcapital.com (the Site) is operated by Bowman and Fitzhugh Capital (UK) Limited with company number 15573201 (referred to in these Terms of Use as “BF Capital” “our“, “us” or “we“).

Bowman and Fitzhugh Capital (UK) Limited is an appointed representative of G10 Capital Limited which is authorised and regulated by the Financial Conduct Authority with reference number 648953.

  1. other applicable terms

These Terms of Use refer to our Website Privacy Notice (available here), which sets out the terms on which we process any personal data we collect from you, or that you provide to us.  By using the Site, you confirm that you have read and understood our Website Privacy Notice.

Please note that our client services are provided under separate terms of business which are agreed with you prior to the commencement of services.

  1. availability OF THE SITE

Due to the inherent nature of the Internet, errors, interruptions and delays may occur in the availability of the Site at any time. Accordingly, the Site is provided on an “as is” and “as available” basis without any warranties. We do not accept any liability arising from any interruption in the Site’s availability.

We reserve the right to withdraw or suspend the Site (or any part of it) at any time without notice where we deem this to be necessary. We do not accept any liability for such withdrawal or suspension of the Site or any of its content.

  1. REGULATORY INFORMATION and No reliance on site content

The Site and all information contained in it is provided for general information and/or illustrative purposes only and should not be treated as legal, tax, financial or other advice or the offer of such advice. By providing information on the Site, BF Capital is not determining the suitability or appropriateness of any investment for any investor. You should seek professional, independent advice before making any decision in relation to your investments or other financial matters.

Please note that the services provided by BF Capital are only available to professional clients and eligible counterparties for the purposes of the Financial Conduct Authority’s rules – they are not available to retail clients. You should only access this Site if you are a professional client or eligible counterparty. If you are a retail client, you should not rely on the contents of this Site and BF Capital will not provide any services to you.

Neither this Site nor anything set out on, or referred to in, this Site constitutes an invitation or inducement to engage in investment activity or claims management activity or an offer, invitation, inducement, sponsorship or endorsement by BF Capital (or by any of its directors, officers, employees, workers, agents, representatives or affiliates) of any investments, firms or any other matters referred to on this Site.

Neither this Site nor anything set out on, or referred to in, this Site is intended to constitute independent investment research.

This Site is not directed at, nor is it intended for distribution to, any person that is a citizen or resident of, or located in or connected to, any jurisdiction where such distribution would violate any law or regulation and/or would require any registration, licensing, other consent or no objection or application in such jurisdiction.

Please remember that past performance does not predict future performance and the value of your investments, and the income which they generate, can fall as well as rise. Where investments are in currencies other than your base currency, those investments may be subject to foreign exchange fluctuations.

  1. Copyright and trade marks

BF Capital is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. Except as expressly stated otherwise in these Terms of Use, all such rights are reserved and nothing in these Terms of Use shall be construed as conferring any licence to use or reproduce any content included on the Site.

‘Bowman and Fitzhugh Capital (UK) Limited’, ‘Bowman and Fitzhugh (SG) Limited’ and ‘Bowman and Fitzhugh (Switzerland) Limited’ are registered trade marks of BF Capital and its group. You are not permitted to use them without our approval.

You must not copy or distribute any of the Site’s material for any commercial or business purpose. You may not use our name or any version of it, or logos and/or other trade marks (whether registered or unregistered) unless expressly stated otherwise in these Terms of Use.

If you print off, copy, download, share or repost any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these Terms of Use).

  1. NO TEXT OR DATA MINING OR WEB SCRAPING

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or any services provided via, or in relation to, the Site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

  • Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
  • Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

  1. use of the site

You agree not to use the Site:

  • to create a database (electronic or otherwise) that includes substantial amounts of material downloaded or otherwise obtained from the Site;
  • to misrepresent your identity, or claim any false relationship of endorsement or partnership between you and us (which would include using the Site or any of its content to promote or encourage the sale of your goods/services without our prior written agreement);
  • to transmit or re-circulate any material obtained from the Site to any third party except where expressly permitted under these Terms of Use;
  • to obtain and/or store personal data derived from the Site;
  • in such a way so as to remove the copyright or trade mark notice(s) from any copies of any content made in accordance with these Terms of Use unless expressly permitted to do so;
  • to harm the Site or disseminate any material that contains software viruses or any other computer code, files or programmes designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise to hack (or attempt to hack) into the Site;
  • in any way that might harm any person or infringe an individual’s privacy or other rights; or
  • in any way that is unlawful (including fraudulent) or that might bring us or any of our associates into disrepute.
  1. Links to other Websites

Any links on our Site may take you to third party websites over which we have no control. You acknowledge that the content on those pages is not subject to our control, their owners may be independent from us and we do not endorse or accept any responsibility for their content. We will not be liable for any loss or damage that may arise from your use of them.

  1. viruses AND OTHER MALWARE

We will use reasonable endeavours to ensure that the Site does not contain or propagate any viruses or other malicious code. However, it is recommended that you regularly check for the presence of viruses and other malware.

  1. Transmission of Information

The transmission of information via the Internet is not completely secure. Although we will take reasonable steps to protect your personal data, we cannot guarantee the security of information transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use appropriate technical and organisational measures to ensure that it is adequately protected, in accordance with our Website Privacy Notice.

  1. CONSEQUENCES OF BREACH OF THESE TERMS OF USE

If you breach these Terms of Use, your right to use the Site will cease immediately.

  1. LIMITATION OF OUR LIABILITY

To the extent permitted by law, we exclude all implied conditions, warranties, representations or other terms which may apply to the Site or any content on it. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: the use of, or inability to use, the Site; or the use of or reliance on any of the Site’s content.

  1. other important terms

Each paragraph of these Terms of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms of Use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms of Use are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction over any dispute or claim arising under these Terms of Use.