Terms of use

Last Updated March 2024

Legal

By using this website, you agree to be bound by these Terms of Use. These Terms of Use constitute a binding agreement between you and the Blackpeak Group (“Blackpeak”) and govern your access and use of the website and the text, software, database, format, documents, graphic, information and written work and all other materials published on the website (the “Content”). If you do not accept these Terms of Use, do not use the website.

Blackpeak reserves the right, at its discretion, to make changes to any part of the website, the Content, or these Terms of Use without prior notice. Should these Terms of Use be amended, Blackpeak will publish details of the amendments on the website. By continuing to use the website you agree to be bound by these Terms of Use, as amended.

Acceptable Use

The website is for your own personal use.  By accessing the website, you agree:

• Not to use the website or Content in contravention of any regulation or legislation;
• Not to copy, amend, reproduce or distribute the Content, or disclose the Content to third parties, other than in compliance with our Copyright Notice;
• Not to advertise or sell any goods or services to other users of the website or to benefit commercially from the Content; and
• That you are responsible for any material you send to or upload to the website and that such material is legal, is not offensive and it does not infringe our rights, those of third parties or the provisions of these Terms of Use.

Ownership

All Content is the property of the Blackpeak Group or others and is protected by copyright, other intellectual property rights and other laws. All trademarks and logos displayed on this website are the property of their respective owners, who may or may not be affiliated with the Blackpeak Group. Nothing in these Terms of Use gives you any right, title or interest in the Content or the website. Please read our Copyright Notice.

Copyright Notice

With the exception of copyright belonging to third parties and unless otherwise stated, copyright and of all related intellectual property rights, including but not limited to all database rights, trademarks, registered trademarks, service marks and logos in the pages of this website and all other materials available through it belongs to Blackpeak and its affiliated Group.

You are not permitted (except where you have been given express written consent to do so) to adapt or modify the Content on this website or any part of it and the Content or any part of it may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any other way to any third parties for commercial gain.

You may not provide an electronic link to any page of this website or to any other documents hosted on this website, or frame or link/deep link this website to another website without our written consent.  We reserve the right to request that you remove an electronic link to this website at any time and you agree to remove such a link immediately.

Blackpeak is not responsible for any third-party website or website content (including, without limitation, any advertising appearing therein) which can be accessed through this website. Blackpeak may include links to other websites for information purposes only and makes no endorsement or representation whatsoever about any such link, website or content. You are responsible for reviewing the terms applicable to your use of any such websites. Blackpeak has no responsibility for nor shall it be liable in relation to such third party websites or content.

Where access to restricted parts of this website is subject to more specific terms, those terms apply instead.

Copyright © 2024, Blackpeak

Trademarks

The trademarks and service marks used on the website (whether registered or unregistered) (“the Marks”) are owned by Blackpeak, its group undertakings or by third-party licensors. Nothing contained on this website should be construed as granting any licence or right to use any of the Marks for any purpose whatsoever without the written permission or applicable licence terms of the lawful owner. Unauthorised use of the Marks or any Content is strictly prohibited and may violate trademark, copyright or other applicable laws.

Computer viruses

Whilst we use reasonable endeavours to protect the website from computer viruses, worms, and Trojan Horses (the “Viruses”), we do not warrant that the website is free from such Viruses and accept no liability for any damage that may result from the transmission of any Viruses via this website or via any files which are available for you to download from the website.

Risks You Assume by Using the Website

While reasonable efforts are made to provide accurate information through the website, at times the information may not promptly be updated or correct even if Blackpeak is aware that it is inaccurate, outdated or otherwise inappropriate. You agree that Blackpeak is not responsible for any action that you take or decision you make in reliance on any information or Content contained in the website.

The website and the Content are provided “AS IS” and on an “AS AVAILABLE” basis. Information on this website may or may not have been prepared by Blackpeak but is made available without responsibility on the part of Blackpeak. Blackpeak does not guarantee the accuracy, timeliness, completeness, performance, or fitness for a particular purpose of the website or any of Content. No responsibility is accepted by or on behalf of Blackpeak for any errors, omissions, or inaccurate Content.

No action should be taken or omitted to be taken in reliance upon the Content or your use of this website. We accept no liability for the results of any decision or action taken on the basis of the Content or the use of the website.

Informational Purposes Only

Nothing on this website is an offer or solicitation to buy or sell any security. Although the website may include investment-related information, nothing on this website is a recommendation that you purchase, sell or hold any security or other investment, or that you pursue any investment style or strategy nor should it or any part of it form the basis of, or be relied upon in any connection with any contract or commitment whatsoever. Nothing on this website is intended to be, and you should not consider anything on the website to be, professional, investment, financial/accounting, tax, regulatory or legal advice nor a recommendation or opinion of any kind. Advice from a suitably qualified professional should always be sought in relation to any particular matter or circumstances.

Limitations and Exclusions of Liability

BLACKPEAK MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. BLACKPEAK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, AVAILABILITY, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, PERFORMANCE, CURRENCY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT, WEBSITE OR ANY INFORMATION AVAILABLE VIA USE OF THE WEBSITE. BLACKPEAK DOES NOT WARRANT THAT THE WEBSITE OR CONTENT IS ERROR-FREE OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED. BLACKPEAK SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGE CAUSED IN ANY PART BY YOUR USE OF THE WEBSITE, YOUR RELIANCE ON THE CONTENT OR INFORMATION CONTAINED IN THE WEBSITE OR YOUR USE OF SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MATTER RELATING TO YOU OR ANY THIRD PARTIES ACCESSING OR USING THE WEBSITE AND/OR OR THE CONTENT.

To the extent permitted by appliable law, Blackpeak disclaims all liability howsoever arising for any loss, injury, claim, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from this website and its Content, including but not limited to technical inaccuracies and typographical errors, (b) any third party websites or content therein directly or indirectly accessed through this website, including but not limited to any errors in or omissions therefrom, (c) the unavailability of this website or any portion thereof, (d) your use of this website, (e) your reliance (in whole or part) on the Content, or (f) use of any equipment or software in connection with this website.

A COVERED PARTY (AS DEFINED BELOW) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND LOST PROFITS OR SAVINGS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS WEBSITE, INCLUDING ITS CONTENT, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. “Covered Party” means Blackpeak Group, its affiliates, and any officer, director, employee, subcontractor, agent, successor, or assign of Blackpeak Group or its affiliates.

Nothing in these Terms of Use excludes or limits our liability for fraud or for death or personal injury arising from our negligence or for any other matter in respect of which it would be unlawful or in breach of regulation to limit or exclude liability.

Privacy

You acknowledge that we may process the personal information you provide if you use the Website in accordance with our online Privacy Policy.

Severability

If these Terms of Use or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of country or state in which these Terms of Use are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that country or state be treated as severed and deleted from these Terms of Use and the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable in that country or state.

Governing Law

These Terms of Use shall be governed by, and shall be construed in accordance with, Delaware law. The courts of New York have exclusive jurisdiction to decide any disputes,  which may arise out of or in connection with these Terms of Use.  Nothing shall prevent either party from seeking injunctive relief in the courts of any jurisdiction for any breach (or alleged breach) of these Terms of Use in that jurisdiction.

NO JURY TRIAL: EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THESE TERMS OF USE IS LIKELY TO  INVOLVE  FACTUAL  ISSUES  WHICH  WOULD BE RESOLVED MOST EFFICIENTLY BY A BENCH TRIAL, AND THEREFORE IT HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT  OF  ANY  ACTION  OR  PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE.