TERMS AND CONDITIONS OF USE
The following terms and conditions of use apply to your use of the Boussard & Gavaudan Holding Limited website (the “Website”). Each time you access this Website you agree to comply with, and be bound by, the terms and conditions of use and acknowledge that we may rely upon your agreement.
Information on the Website
Except where stated otherwise, the information, content and services on this Website (the “Information”) are provided by Boussard & Gavaudan Holding Limited as at the date indicated on the relevant material.
The Information is provided for personal use and information purposes only. You should not rely on the Information and should obtain relevant and specific professional advice. Nothing on this Website constitutes or should be construed to constitute investment, legal, tax or other advice.
You should always bear in mind that:
• all investment is subject to risk;
• the investment performance of Boussard & Gavaudan Holding Limited may go down as well as up. You may not get back all of your original investment;
• past performance should not be seen as an indication of future performance. Indications of past performance displayed on this Website will not necessarily be repeated in the future;
• the value of investments may go up or down;
• if you are in any doubt about the Information contained on this Website or if you consider making an investment decision, you are advised to seek expert financial advice.
The Information does not take account of the investment objectives, financial situation and particular needs of any particular person and is not general advice to any class of persons. Before making any investment decision on the basis of the Information or otherwise, you need to consider, possibly with the assistance of a financial and/or taxation adviser, whether the Information is appropriate in light of your particular investment needs, objectives and financial circumstances.
Boussard & Gavaudan Holding Limited is registered with the Dutch Authority for the Financial Markets as a collective investment scheme pursuant to article 17c of the Act on the Supervision of Collective Investment Schemes (Wet toezicht beleggings instellingen).
Permitted users of the Website
The laws and regulations of the country from which you access this Website may include restrictions on the distribution of the Information. This Website is not directed at or intended for distribution to or use by any person or entity in any jurisdiction where (by reason of that jurisdiction’s applicable securities laws, person’s nationality, residence or otherwise) such distribution, publication, availability or use of this Website or any part of its contents would be contrary to applicable law or regulation or would subject Boussard & Gavaudan Holding Limited or its investment manager or affiliates to any registration or licensing requirement within such jurisdiction. It is your responsibility to ensure that your use of this Website complies with any restrictions or any applicable local laws regarding use of the Information on this Website. If you are such a person or entity, you are not authorised to enter the Website. Persons or entities in respect of whom such prohibitions apply must not access the relevant pages on this Website.
Boussard & Gavaudan Holding Limited is established as an investment company domiciled in Guernsey.
The Information displayed on this Website contains material that may be interpreted by the relevant authorities in the country where you are viewing this Website as a financial promotion or an offer to purchase securities. Accordingly, this Website is only intended to be viewed by persons outside of any such country or who fall outside the scope of any law that seeks to regulate financial promotions in the country of your residence or in the country in which this Website is being viewed.
If you are uncertain about your position under the laws of the country in which this Website is being viewed then you should seek clarification by obtaining legal advice from a lawyer practicing in the country of your residence or in the country in which this Website is being viewed before accessing this Website.
You may not use any part of the material or Information on this Website to establish, maintain or provide or assist in establishing, maintaining or providing a stock market for trading in securities.
Boussard & Gavaudan Holding Limited has not been and will not be registered under the United States Investment Company Act of 1940, as amended (the “Investment Company Act”). Boussard & Gavaudan Holding Limited’s shares have not been and will not be registered under the United States Securities Act of 1933, as amended (the “Securities Act”) and may not be offered, sold or otherwise transferred directly or indirectly to any United States citizen or resident or to any corporation, partnership, trust or other entity chartered or organized under the laws of any jurisdiction in the United States of America, its territories or possessions except to a “qualified purchaser” (as such term is defined in the Investment Company Act) in accordance with the Securities Act or an exemption therefrom and under circumstances which will not require Boussard & Gavaudan Holding Limited to register under the Investment Company Act
No offer, financial promotion or advice
This Website is for information purposes only and the Information should not be relied upon as a substitute for financial or other professional advice. Nothing on this Website constitutes: (i) an offer, advice, invitation or solicitation by Boussard & Gavaudan Holding Limited or its affiliates to buy or sell any investments or securities, futures, options or other financial instruments; (ii) an invitation or inducement to engage in investment activity or a financial promotion of any kind; or (iii) investment advice or recommendation.
Accuracy and reliability of the Information
Whilst the Information has been given in good faith and every effort has been made to ensure its accuracy, the Information may not be complete or accurate for your purposes. Boussard & Gavaudan Holding Limited may not, and has no obligation to, update the Information or correct any inaccuracy which subsequently becomes apparent. Opinions and estimates in the Information may be changed or withdrawn without notice. Accordingly, Boussard & Gavaudan Holding Limited, its related bodies corporate or the directors or officers of those entities do not make any representation or warranty of reliability, completeness, fitness for purpose or accuracy of the information or any third party website linked to this Website.
The Information is assembled from material prepared by Boussard & Gavaudan Holding Limited or its investment manager but may not include Information made known to Boussard & Gavaudan Holding Limited officers (or agents) subsequent to the date of publication of the Information indicated on the Website. If you use the Information, you do so at your own risk. Please recognise that the previous performance of securities or other instruments does not guarantee or predict future performance.
The Information is inherently subject to change without notice and may become outdated. You, therefore, should verify any information or other material obtained from this Website before you use it.
Stock exchange prices and exchange rates
The prices/values shown on this Website in relation to different underlying securities are based on the prices notified to Boussard & Gavaudan Holding Limited as the last sale price of the relevant securities on the stock exchange on which they are traded (delayed up to 20 minutes) as at the time and date shown. Boussard & Gavaudan Holding Limited has not verified any of the stock exchange or other information contained on this Website and it should be verified separately before relying on it. Prices and values shown on the Website may vary throughout the course of, and between, stock exchange trading days, market trading times and business days in general.
Exclusion of liability
Nothing in these terms and conditions excludes, restricts or modifies any condition, warranty or liability which may at any time be implied by statute or any other applicable law where to do so is illegal or would render any provision of an agreement void. Subject to this qualification, all express or implied conditions or warranties, statutory or otherwise, in respect of the Information supplied is expressly negated and excluded.
Boussard & Gavaudan Holding Limited accepts no responsibility for loss occasioned as a result of reliance placed on the Information and makes no representation, warranty or guarantee of any kind, express or implied, in respect of any such Information.
To the fullest extent allowed by law, Boussard & Gavaudan Holding Limited shall not be liable for any direct or indirect losses, damages, costs or expenses incurred or suffered by you arising out of or in connection with the access to, use of or linking to other sites from this Website or reliance on the Information. In no circumstance shall Boussard & Gavaudan Holding Limited have any liability for consequential or special damages.
Boussard & Gavaudan Holding Limited makes no representations, warranties or guarantees of any kind about any of the content of this Website or about content of any other website which you may access by hypertext link through this Website. When you access any other website by means of a link from this Website you should understand that your access to that other website is independent of Boussard & Gavaudan Holding Limited and Boussard & Gavaudan Holding Limited has no control over the content of the website, nor does Boussard & Gavaudan Holding Limited in any way endorse or approve the content of that website. In no event will Boussard & Gavaudan Holding Limited in any way be liable to you or any other person(s) or organisation(s) for loss or damage (whether direct, indirect, consequential, special or other) for any use of this Website or of any site linked to it by means of hypertext or otherwise.
By using this Website you agree to indemnify Boussard & Gavaudan Holding Limited and its officers, agents and affiliates from and against any claim, loss, liability or damage you may suffer or incur as a consequence of your use of this Website including without limitation arising from any decisions that you make based on the content of this Website.
By accessing this Website you acknowledge and agree that to the extent permitted by law, any personal data provided by you may be used for marketing and internal analysis purposes by Boussard & Gavaudan Holding Limited, its investment manager and their respective affiliates and officers. Boussard & Gavaudan Holding Limited does not undertake any obligations of non-disclosure or non-use of material received. Accordingly, please do not send any confidential or proprietary material to Boussard & Gavaudan Holding Limited.
To safeguard the confidentiality of your personal data and information contained in this Website Boussard & Gavaudan Holding Limited implements security measures in line with industry standard practices. The web servers are housed behind a secure firewall that prevents access to databases from unauthorised users. All of the servers are housed in a secure environment that is protected by physical security, with limited access to authorised staff only.
Boussard & Gavaudan Holding Limited will not disclose any personal data to third parties, except where you have given your consent or where Boussard & Gavaudan Holding Limited is under and legal or regulatory obligation to do so.
By submitting your personal data you consent to the use of that information as set out in these terms and conditions. If Boussard & Gavaudan Holding Limited changes these terms and conditions, the changed terms and conditions will be posted on this Website so that you may be aware of the information collected and its use.
Copyright in the Information is owned by Boussard & Gavaudan Holding Limited. You may download or print out a hard copy of individual pages and/or sections of this Website provided you do not remove any copyright or other proprietary notices. Any downloading or other copying from this Website will not transfer title to any software or material to you. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose this Website without the prior written permission of Boussard & Gavaudan Holding Limited. Any rights not expressly granted in these terms are reserved.
All trademarks, servicemarks and logos displayed on this Website are owned by or licensed to Boussard & Gavaudan Holding Limited.
Operation of the Website
There can be no guarantee that this Website or the servers that make the Website available will be uninterrupted or error free, free from infection, viruses or worms or other code which may have contaminating or destructive properties. You are fully responsible for ensuring protective steps are taken such as virus checking.
You should be aware that the internet, being an open network, is not secure. If you choose to send any electronic communications by means of this Website, you do so at your own risk. Boussard & Gavaudan Holding Limited cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
Any third-party advertising, information and referral buttons containing hyperlinks are not recommendations or endorsements by Boussard & Gavaudan Holding Limited or its respective directors, affiliates or employees. The user is referred to the relevant third party for all relevant information.
Boussard & Gavaudan Holding Limited may use “cookies” to process and record information concerning your visit to the and use of the Website and identify you when you visit the Website and to enhance your experience of the Website. “Cookies” are small pieces of information that your internet browser places on your computer’s hard drive. “Cookies” may be used for remembering user names and preferences, tracking click streams and in the future for presenting members with personalised versions of the Website. You have the option of setting your browser to block “cookies”. Please refer to your specific internet browser for instructions. In some cases blocking “cookies” may reduce the functionality of the Website or prevent access to it depending on your chosen internet browser options.
Acceptance of terms and conditions of use
By moving on to any other part of this Website you agree that you have read, understood and will be bound by the terms and conditions of use and that you will carefully read the disclaimers and notices appearing at other parts of this Website.
These terms and conditions of use are governed by the laws of England and Wales and the courts of England and Wales will have exclusive jurisdiction over any disputes arising under them.
Third Party Websites
We may provide, on our website, links to websites operated by third parties as a convenience to you. If you use these other sites, you will leave this website. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We make no representation or warranty regarding, and do not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon.