Terms of Use

Introduction

These Terms & Conditions (“Terms”) apply to your use of this website.

These Terms are additional to (i) our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us; and (ii) our Cookie Policy which sets out information about the cookies on this website.

By accessing this website, you are deemed to have read and accepted these Terms and you agree to comply with them. If you do not agree to these Terms, you must not use the website. It is your responsibility to be aware of, and to observe, the applicable laws and regulations of any relevant jurisdiction which may apply to you.

This website is operated by and is the property of Bowmark Capital LLP and such other companies forming part of the Bowmark group of companies (collectively “Bowmark”). Bowmark Capital LLP is a limited liability partnership whose registered address is One Eagle Place, London SW1Y 6AF (registered number OC331233). Bowmark Capital LLP is authorised and regulated by the Financial Conduct Authority with FCA registration number 473422. The Firm’s profile on the website of the Financial Conduct Authority can be accessed at fca.org.uk.

Bowmark reserves the right to modify these Terms at any time. Modification of these Terms are automatically effective after they have been initially posted on the website by Bowmark and shall be binding on you. We recommend you check these Terms every time you use the website to ensure you understand the terms that apply at that time.

If you have any questions in relation to these Terms, please contact us at info@bowmark.com.

Intellectual property

• The contents of this website are protected by international copyright laws and other intellectual property and database rights. The trademarks, service marks and logos shown on this website (whether registered or unregistered) are owned by and remain the property of Bowmark or its affiliates, at all times with all rights reserved. Nothing in these Terms, or this website, should be construed as granting any licence or right to use any of these intellectual property rights.
• You are permitted to print and download extracts from this website provided that this is for private or domestic use only and that no documents or related graphics on this website are modified or copied in any way and no graphics on this website are used separately from the accompanying text. Otherwise, no part of this website may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, graphics, video, messages, code and/or software without our express prior written consent. Downloading or other copying from this website does not transfer to you title to any material or software. Should you download or copy material from this website no copyright or other proprietary notices should be removed.
• Bowmark reserves all rights with respect to ownership of all material on this website and will enforce such rights to the full extent permitted by law.
• Any commercial use or exploitation of this website or its content is strictly prohibited.
• If you breach any of the terms in these Terms, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website.

No offer and no advice

• The contents of this website have been prepared for information purposes only and Bowmark’s communications are only directed at professional clients and eligible counterparties (each as defined in the Financial Conduct Authority Handbook Definitions) or persons to whom communications about unregulated collective investment schemes can lawfully be made in the UK. They are not directed at any other persons. Funds managed by Bowmark are not available to members of the general public.
• For the avoidance of doubt, no information on this website constitutes investment, tax, legal, regulatory, financial, accounting or any other advice and nothing on this website is intended to constitute an offer, solicitation, invitation or inducement to engage in investment activity in any jurisdiction or to be considered to amount to “marketing” as that term is defined under the EU Alternative Investment Fund Managers Directive and the UK's Alternative Investment Fund Managers Regulations 2013.

Access

• Bowmark does not represent that any materials on this website are appropriate for use, or permitted by local laws, in all jurisdictions or by all investors.
• Those accessing the site do so on their own initiative and are responsible for compliance with applicable local laws and regulations.
• In particular, the site is not directed at any person resident in any jurisdiction where, under local law or regulation, the publication or availability of this website is prohibited. Persons to whom such restrictions apply must not access this website.
• Bowmark shall not be liable if for any reason this website is unavailable at any time or for any period. Bowmark reserves the right to make changes or corrections, alter, suspend or discontinue any aspect of the website, the content or services or products available through it, including your access to it, without notice.
• Bowmark reserves the right to restrict certain areas of information accessible via the website to its approved, registered users. If any area of the website requires you to register with Bowmark, then Bowmark may accept or refuse your application for registration (in our absolute discretion). You agree to provide at all times truthful and accurate information in applying to register to use the website and using any registration granted. Your registration will not be transferable and you are solely responsible for any activity which occurs on or through your user name, password or account, whether or not authorised by you and for keeping secure and confidential such details. You must not disclose your account’s user name or password (or other login details) to any third party. You must change your password immediately if you believe that your registration may have been used without your authorisation.
• If the need arises, Bowmark may suspend access to the website or close it indefinitely. To the extent permitted by law, Bowmark does not warrant that this website will be available at all times.

Acceptable use

• You must not use the website for any unlawful or fraudulent purposes. You must not misuse our website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. In particular, you must not access without authority, interfere with, damage or disrupt the website or any part of it; any equipment or network on which the website is stored; any software used in connection with the provision of the website; or any equipment, software or website owned or used by a third party. You must not attack our website via a denial-of-service attack.
• Bowmark will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or to your downloading of any material posted on it, or on any website linked to it. It is your responsibility to take protective steps such as having up-to-date internet security programs.

No representation or warranty

• The information on this website is published in good faith and is subject to regular update and revision. While Bowmark endeavours to ensure that all material posted on this website is correct, Bowmark does not warrant the accuracy or completeness of the information on this website. Bowmark takes no responsibility for errors or omissions which are the result of technical causes or otherwise. Bowmark maintains the right to delete or modify in part or in full any information on this website without prior notice. You must in any event conduct your own due diligence and investigations, rather than relying on the information on the website. The website may contain typographical errors or other inaccuracies or information that is out of date. Bowmark is under no obligation to update such material.
• The material on this website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Bowmark provides you with this website on the basis that Bowmark excludes all representations, express or implied warranties, conditions and other terms which but for these Terms might have effect in relation to this website (including as to its accuracy or completeness and it should not be relied on as such).

Liability

• Bowmark and its respective partners, officers, members, employees and advisers shall not be liable for any direct or indirect or consequential loss or damage (whether arising in tort, contract or otherwise), nor for any loss of revenue, profit, business, data, goodwill or anticipated savings suffered by any person as a result of reliance on a statement or omission on, or the use of or inability to use, this website.
• Nothing in these Terms attempts to exclude liability that Bowmark may have under the UK Financial Services and Markets Act 2000 (as amended) (“FSMA”) or any liability which cannot be excluded or limited under applicable law.

External sites

• This website may contain certain links that may give you access to third party websites and resources (including websites of organisations that are not subject to FSMA). Bowmark has not examined any of these websites or resources and has no control over the content of these websites or resources. Bowmark does not assume responsibility for their contents or for the goods, services and products that they offer or for any loss or damage that may arise from your use of them. These links are for your convenience only and you access these at your own risk. The inclusion of a link to a third-party website does not constitute an endorsement by Bowmark of that third party’s website, product or services (if applicable).

Important information

• To the extent that this website contains information about the performance of investments made by funds managed or advised by Bowmark, you should be aware that this information has not been audited or verified by an independent party and should not be relied upon by any person as a guarantee, assurance, prediction or a definitive statement of fact or probability. Past performance should not be seen as a guide to future performance. The value of an investment and any income from it can go down as well as up and you may not get back the amount originally invested. The levels of taxation will depend on the individual circumstances of the investor from time to time.

Governing law and jurisdiction

• These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, whether of a contractual or non-contractual nature, are governed by and construed in accordance with the laws of England and Wales. Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. If you access the website from outside the UK, you are responsible for ensuring compliance with any local laws relating to access.

Data protection and privacy

• Bowmark respects the privacy of visitors to this site and recognises the importance of protecting your personal information. Bowmark is committed to following policies that protect your privacy and meet data protection laws and regulations regarding personal data. Personal data is obtained by Bowmark for specified and lawful purposes and will be processed fairly and lawfully. Our Privacy Policy also applies to any personal data you provide to us other than via your use of this website. Bowmark’s Privacy Policy is available for review by clicking here.