Terms and Conditions of Use
THESE TERMS AND CONDITIONS APPLY TO YOUR USE OF THE WEB SITE LOCATED AT www.blossomcap.com (THE “SITE”). THIS IS A LEGAL AGREEMENT. IT GRANTS YOU CERTAIN RIGHTS AND IMPOSES CERTAIN OBLIGATIONS ON YOU IN CONNECTION WITH YOUR USE OF THE SITE. YOU SHOULD READ THIS AGREEMENT CAREFULLY.
BY ACCESSING THE SITE (OR ANY PART OF IT) YOU AGREE THAT YOU HAVE READ AND ACCEPT THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN SECTION 3 BELOW. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
The information on this Web Site is communicated by Blossom Capital Ltd (“Blossom”) and is only to be accessed and viewed by limited categories of persons in the United Kingdom and in other jurisdictions who satisfy certain criteria.
Blossom is regulated in the United Kingdom by the Financial Conduct Authority (“FCA”). Blossom is entered on the Financial Services Register (reference number 786783), which can be found at www.fca.org.uk/register/).
Blossom is a limited company registered in England and Wales (registered no. 10776710). A list of the members of Blossom is open to inspection at its registered office, 1a Wellington Row, London E2 7BB, United Kingdom. Blossom’s email address is email@example.com and its VAT number is 287 1413 92.
Persons in the United Kingdom
This Site includes information on collective investment schemes which are not authorised or otherwise recognised by the FCA and, as unregulated collective investment schemes, cannot be marketed in the United Kingdom to the general public.
Accordingly, the information on this Site, which is for general information purposes only, is directed only at persons who are Professional Clients (as defined in the FCA’s rules) and others to whom it may otherwise lawfully be communicated.
Any investment or investment activity to which this Site relates is only available to or will be engaged in only with such persons. Expressions of interest resulting from the information on this Site will only be responded to if received from persons falling within such category. Persons of any other description should not rely on or act upon the information on this Site.
Persons in other jurisdictions
The communication of the information on the Site may be restricted in certain jurisdictions and no person in any such jurisdiction may treat this Site as constituting an offer, invitation or inducement to them to enter into any investment agreement or purchase any investment referred to in such information and materials, unless in the relevant jurisdiction such an offer, invitation or inducement could lawfully be made to them. Accordingly, this Site does not constitute an offer, invitation or inducement by anyone in any jurisdiction in which such offer, invitation or inducement is not lawful or in which the person making such offer, invitation or inducement is not qualified to do so or to anyone to whom it is unlawful to make such offer, invitation or inducement. It is the responsibility of any persons who wish to express an interest in any of the information or materials on the Site to inform themselves of, and to observe, all applicable laws and regulations.
1.Scope of Agreement
This agreement (the “Agreement”) governs your use of the Site which is made available to you by Blossom as a user (“you” or “your”).
There may be, in addition, further notices on the Site itself, which will operate in addition to the terms and conditions of this Agreement. All of these notices will be brought to your attention when you first visit the relevant section of the Site and you will be asked to accept them. If you do not accept them, you will not have access to all areas, information or services displayed on the Site.
The Site will be made available to you free of charge in consideration of your acceptance of the terms of this Agreement
Blossom reserves the right to make changes to this Agreement from time to time. Any changes to the Agreement will be posted here. SHOULD YOU CONTINUE TO USE THE SITE AFTER CHANGES HAVE BEEN POSTED HERE, YOU WILL BE DEEMED TO HAVE ACCEPTED THEM.
I. Information published on the Site
The information published on the Site is provided for general information purposes only and should not be used or relied on as a basis for making investment or business decisions. Nothing contained on the Site constitutes or should be construed to constitute investment, legal, tax or other advice. Blossom makes no representation and give no warranties (express, implied or statutory) as to the accuracy, completeness or currency, or as to the fitness for any purpose of any of the information provided on the Site and it should not be relied upon as such. Blossom accepts no responsibility to update any information on the Site. You should always contact Blossom for further advice or information before acting on any of the information published on the Site.
No information (including without limitation any information describing our investment portfolio) or opinion expressed in the Site is intended or should be regarded as an offer, invitation, inducement or as a solicitation of an offer by Blossom or any of its affiliates to you or any person to buy, sell or otherwise deal in any particular investment, or otherwise make any investment or divestment or to engage in investment activity. In providing such information Blossom is not issuing, promulgating or providing any financial or other advice to you or any person.
Information regarding the past performance of an investment is not necessarily indirective of the future performance of that investment. The value of investments may fall as well as rise.
Forward-looking statements and all statements of opinion and/or belief contained on the Site and all views expressed and all projections, forecasts or statements relating to expectations regarding future events or possible future performances may prove to be incorrect and actual events or results or actual performance may differ materially from those reflected or contemplated in such forward-looking statements.
II. Links to other web sites
You may be able to link to other web sites which are owned and operated by third parties (“Third Party Sites”) from the Site by means of hyperlinks. Some of these Third Party Sites may be “framed” within the Site while others will open in separate windows. In each case, you should be aware that the Third Party Sites are independent of the Site and Blossom has no control over them or their content.
Your use of any Third Party Site may be subject to specific legal terms and conditions which apply to those Sites. Third Party Sites are not subject to the terms of this Agreement or any other notices published on the Site.
The inclusion of any hyperlinks to Third Party Sites in the Site does not mean that Blossom approves or endorses those hyperlinks or Third Party Sites. Blossom accepts no liability for any statements, information, products (including, without limitation, software) or services that are published on or may be accessible from Third Party Sites.
Where you leave the Site and visit a Third Party Site by means of hyperlinks made available on the Site, and if you provide personal information about yourself on that Third Party Site which can identify you, it may be technically possible for the person who operates that Third Party Site to deduce that you are one of Blossom’s clients or a visitor to the Site due to the nature of the internet. You hereby accept the possibility that third parties may obtain such information about you when you link to Third Party Sites and submit personal information about yourself on those Third Party Sites.
III. No Warranties
THE SITE IS PROVIDED “AS IS” AND BLOSSOM GIVES NO WARRANTIES IN RESPECT THEREOF. SPECIFICALLY, BUT WITHOUT LIMITATION, BLOSSOM DOES NOT WARRANT THAT:
- YOU WILL BE ABLE TO USE THE SITE OR THAT IT WILL CONTINUE TO BE MADE AVAILABLE IN ITS CURRENT OR ANY OTHER FORM AT THE CURRENT DOMAIN NAME OR ANY OTHER DOMAIN NAME;
- THE SITE OR ANY SOFTWARE OR MATERIAL OF WHATSOEVER NATURE AVAILABLE ON OR DOWNLOADED FROM IT WILL BE FREE FROM VIRUSES OR DEFECTS, COMPATIBLE WITH YOUR EQUIPMENT OR FIT FOR ANY PURPOSE. IT IS YOUR RESPONSIBILITY TO USE SUITABLE ANTI-VIRUS SOFTWARE ON ANY SOFTWARE OR OTHER MATERIAL THAT YOU MAY DOWNLOAD FROM THE SITE AND TO ENSURE THE COMPATIBILITY OF SUCH SOFTWARE OR MATERIAL WITH YOUR EQUIPMENT;
- NEWS, PRICES AND OTHER INFORMATION ON THE SITE ARE ACCURATE OR COMPLETE; OR
- ANY STATEMENT OF OPINION AND/OR BELIEF, ANY VIEWS EXPRESSED OR ANY PROJECTION, FORECAST OR STATEMENT RELATING TO EXPECTATIONS REGARDING FUTURE EVENTS OR POSSIBLE FUTURE PERFORMANCE IS CORRECT OR THAT ACTUAL EVENTS OR RESULTS WILL BE AS CONTEMPLATED IN SUCH STATEMENT, VIEW, PROJECTION OR FORECAST.
ANY WARRANTIES WHICH WOULD OTHERWISE BE IMPLIED BY LAW (INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR SKILL AND CARE) ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.
You should be aware that the Internet is not a completely reliable transmission medium. If you choose to send any electronic communications to us by means of the Site, you do so at your own risk and Blossom cannot guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient safely.
Although Blossom uses all reasonable endeavours to ensure the Site is secure from attacks, Blossom cannot guarantee that any information displayed on the Site has not been changed or modified through malicious attacks.
Where they have been issued to you, it is your responsibility to maintain the security and confidentiality of your password and login details. As an example only, you should not write down your password and login details. You must inform Blossom as soon as reasonably practicable if you suspect that your password or login details are known by or available to any third party. You agree that, if you inform Blossom of any suspected disclosure of your password and login details, Blossom may take such steps as it considers may be reasonably necessary in the circumstances (including, without limitation, cancelling your existing password and login details and issuing a new password and login details to you).
IT IS A CONDITION OF BLOSSOM ALLOWING YOU FREE ACCESS TO THE WEB SITE THAT NEITHER BLOSSOM NOR ANY OF ITS SUBSIDIARY OR RELATED COMPANIES OR ITS OR THEIR MEMBERS, OFFICERS OR EMPLOYEES WILL BE LIABLE TO YOU, WHETHER IN TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, MISREPRESENTATION OR OTHERWISE, FOR ANY LOSSES, DAMAGES, COSTS OR EXPENSES OF WHATEVER NATURE (INCLUDING, WITHOUT LIMITATION, ANY CONSEQUENTIAL, INDIRECT OR UNFORESEEABLE LOSS, OR LOSS OF GOODWILL, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS OR PROFIT, OR LOSS OF DATA INCURRED OR SUFFERED BY YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH:
- YOUR USE OF THE SITE OR ANY SOFTWARE OR MATERIALS PROVIDED ON OR DOWNLOADED FROM THE SITE;
- ANY COMPUTER VIRUS TRANSMITTED THROUGH THE SITE;
- YOUR INABILITY TO USE THE SITE AT ANY TIME AND ANY ERROR IN THE PROVISION OF THE SITE;
- ANY DELAY IN OR FAILURE OF THE TRANSMISSION OR THE RECEIPT OF ANY INSTRUCTIONS OR NOTIFICATION SENT THROUGH THE SITE;
- YOUR USE OF E-MAIL COMMUNICATIONS TO CONTACT OR INSTRUCT BLOSSOM (INCLUDING, WITHOUT LIMITATION, ANY DELAY IN BLOSSOM’S RECEIPT OR CONFIRMATION OF SUCH A COMMUNICATION, ANY INTERCEPTION OF OR CHANGES TO SUCH A COMMUNICATION AND ANY REASONABLE DELAY IN ACTING ON SUCH A COMMUNICATION);
- YOUR USE OF AND/OR RELIANCE ON OTHER INTERNET SITES TO WHICH YOU HAVE GAINED ACCESS BY MEANS OF HYPERLINKS PUBLISHED ON THE SITE;
- ANY UNAUTHORISED USE OF YOUR PASSWORD OR LOGIN DETAILS TO OBTAIN ACCESS TO THE SITE AS A RESULT OF YOUR FAILURE TO COMPLY WITH THE PROVISIONS OF SECTION IV ABOVE, UNLESS BLOSSOM HAS ACTUAL KNOWLEDGE OF SUCH UNAUTHORISED USE OR ACCESS AND FAILS TO TAKE REASONABLE STEPS TO PREVENT THE SAME; OR
- ANY INACCURATE INFORMATION OR OPINIONS PUBLISHED ON THE SITE OR YOUR RELIANCE THEREON.
4. Site Integrity
You may not upload, post or transmit to or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using the Site, (ii) are threatening, abusive, defamatory, obscene, offensive, or otherwise unlawful, (iii) constitute or encourage conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law, (iv) infringe the rights of third parties, (v) contain a virus or other harmful component, (vi) contain advertising of any kind, or (vii) constitute or contain false or misleading indications of origin or statements of fact.
5. Email Communications
Any e-mail communications made by you to Blossom either through the Site or otherwise shall take effect when they are actually received by us if sent to the relevant e-mail addresses published on the Site.
Blossom may act on any instruction or other communication, whether made by e- mail or otherwise, if Blossom believes in good faith it has been given or sent by you or on your behalf. In the interests of security Blossom may (if it determines it to be necessary and without having first sought your express permission) telephone you to confirm or authenticate any instructions received from you by e-mail or other method of communication.
There may be delays in executing any instructions that you send to Blossom by means of e-mail. For example, your e-mail may be received by Blossom outside normal business hours, in which case Blossom will only act thereon as soon as may be practicable during the next business day.
6. Intellectual Property Rights
All rights in the material on the Site are either owned by Blossom or made available to Blossom under licence. The material on the Site is protected by copyright. All rights in the material on any other web sites which you may be able to link to from the Site are owned by third parties.
You may view the Site and you are welcome to print hard copies of material on it for your personal, non- commercial use. All other copying whether in electronic, hard copy or other format is prohibited and all other rights reserved.
If any part of the Agreement is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, it shall to that extent be severed from the remainder of the Agreement, which shall continue to be valid and enforceable.
You shall not assign or transfer or purport to assign or transfer any of your rights or obligations under this Agreement without Blossom’s prior written consent. Blossom shall be entitled to assign or transfer all or any of its rights and/or obligations under this Agreement to any of its subsidiaries and related companies located anywhere in the world without requiring any further consent from you.
9. No Waiver
The failure to exercise or delay in exercising a right or remedy provided by this Agreement or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by this Agreement or by law prevents further exercise of the right or remedy or the exercise of another right or remedy.
10. Governing Law
The Agreement shall be governed and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have non- exclusive jurisdiction over any dispute arising out of your use of the Site or the Agreement and you hereby submit to the jurisdiction of the courts of England and Wales.
Blossom respects the privacy of every individual who visits the Site. In visiting the Site in order to deal with Blossom you may provide Blossom with personal information about yourself. The purpose of this statement is to set out the principles governing Blossom’s use of personal information that it may obtain about you as a result of you using the Site. By using the Site you consent to the use of your personal data in accordance with the terms of this Policy. As used below, “personal data” means information relating to you which may be collected or created, or may have been collected or created in the course of or as a result of your use of the Site.
Collection and use of personal data
Blossom is committed to following policies which protect your privacy and comply with the Data Protection Act 1998 in respect of personal data. Blossom will only process personal data about you for specified and lawful purposes and any personal data which Blossom obtains will be processed fairly and lawfully.
Blossom collects personal data via the Site for legitimate use as necessary for conducting its business. In particular Blossom may collect personal data from you through the Site when you register for events, order or request publications, services or other information from the Site or when you contact Blossom for further information via the Site. The personal data which Blossom collects will be processed for the purpose of fulfilling such requests or orders.
Blossom may, from time to time, send you further information relating to its products, events or services which it feels may be of interest to you. You may notify Blossom at any time if you wish to cease receiving this further information by contacting Blossom at: [X]@blossomcap.com.
As a means of processing your personal data for the purposes set out above, Blossom may, in limited circumstances and if deemed appropriate, wish to send the information which you provide to us to any of its subsidiaries and related companies located anywhere in the world where it does business. This may include companies, offices or data centres outside the European Economic Area. In circumstances where you have not previously agreed or requested that your personal data is to be sent outside the European Economic Area, Blossom will seek your explicit consent to do so prior to such personal data being sent.
Accuracy and security
If you believe that any of the personal data that Blossom holds about you is incorrect please notify Blossom at: firstname.lastname@example.org.
Blossom will take all reasonable steps to retain personal data only for the duration of the purpose for which it was obtained. When that period has expired or when requested by you to do so, Blossom will delete personal information from current operational systems where it is no longer required. In limited circumstances Blossom may need to continue to hold some details about you after your relationship with Blossom has ended, for example for legal and regulatory reasons.
You have the right to receive certain information from Blossom about the personal data as set out in the Data Protection Act 1998 that Blossom holds about you (a fee may be payable). In certain circumstances you are also entitled to object to the processing of your personal data and have certain rights of access, rectification and/or removal of your personal data. To exercise these rights you should write to Blossom at:
Blossom Capital Ltd, 1a Wellington Row, London E2 7BB, United Kingdom