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Terms and conditions

Last updated: May 2018

1. Purpose of these terms and conditions

1. These terms and conditions govern access to and use of the website identified by the domain name “bgf.co.uk” (the “Site”). Please read these terms and conditions carefully before using the Site. By using the Site you indicate that you agree to these terms and conditions.

2. The Site is operated by or at the direction of Business Growth Fund Limited (registered in England and Wales with company number 07514847 whose registered office is at 13-15 York Buildings, London, WC2N 6JU) and/or its holding companies, subsidiaries and affiliates (as applicable) (“BGF”). BGF Investment Management Limited (a member of the BGF group of companies) is authorised and regulated by the Financial Conduct Authority.

2. Information

1. The commentary, information and other materials contained on the Site (the “Content”) is prepared solely for the purpose of providing information about BGF and does not make any offer, inducement or invitation or give rise to any obligation or commitment. The Content is intended to be communicated only to such persons as BGF is legally able to send it and who are legally able to receive it in their jurisdiction of residence.

2. No warranty or representation (either express or implied) is given as to the accuracy or completeness the Content. Any Content on the Site may be out of date at any given time, and BGF shall not be under any obligation to update such Content.

3. You are responsible for the content of and information contained in any communications you make via the Site, including the lawfulness, truthfulness, decency and accuracy of any such communication.

4. BGF may process certain information relating to your use of the Site and any information supplied by you to BGF in accordance with our Privacy Notice which is available to view here.

3. Applications and financial advice

1. As part of any application or preliminary application for funding from BGF (“Application”) made via the Site, BGF may, in assessing potential investments, undertake certain background checks on key individuals, including (without limitation) the applicant and any majority shareholders and directors of the company concerned.

2. The eligibility of all Applications will be determined by BGF in its sole discretion. Whilst BGF will endeavour to respond to Applications wherever practicable, BGF shall be under no obligation to review or respond to any Application.

3. The Site does not purport to provide any investment, financial or professional advice and no Content shall be deemed to constitute the offer or provision of such advice. You should obtain advice from independent professional advisers before making any investment decision. In particular, BGF recommend that you seek independent professional advice if, following more detailed discussions between us, you wish to proceed with your funding.

4. Security

1. BGF cannot guarantee the privacy or confidentiality of any of your information which passes over the internet. In accessing and using the Site you accept that electronic communications may not be free from interference by third parties and that BGF will not be liable for any loss arising out of any such interference.

2. If you knowingly use viruses, trojans, worms, logic bombs, denial of service attacks or other material which is malicious or technologically harmful in nature (together, “Viruses”) on our Site, your right to use the Site will cease immediately.

3. BGF shall not be liable for any loss or damage caused by a Virus to your computer equipment, software, data or other proprietary material due to your use of the Site.

5. IP addresses and cookies

1. We may collect your IP address and other information about your computer for system administration. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual. For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies enable us to estimate our audience size and usage pattern and store information about your preferences, and so allow us to customise the Site according to your individual interests and recognise you when you return to the Site. We do not use cookies to track your use of the internet after you leave the Site, nor do we store any personal information in them.

2. You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you enter the Site and you will be deemed to have consented to the use of such cookies in accordance with our Privacy Notice.

6. Third party content and links

1. The Site may contain links to other websites controlled by third parties (“Third Party Sites”) and/or content provided by third parties (“Third Party Content”). BGF is not responsible for and makes no representations as to the content or accuracy of Third Party Sites or Third Party Content and the inclusion of any Third Party Content or links to Third Party Sites does not imply a recommendation or endorsement of any such content or site.

2. You may link to the Site provided you do so in a way that: (i) is fair and legal; (ii) does not (in BGF’s sole discretion) damage or take advantage of BGF’s reputation; and (iii) does not imply any form of association, approval, recommendation or endorsement on the part of BGF without prior written consent.

7. Intellectual Property

1. Elements of the Site, its Content and its underlying software are protected by copyright, trade marks and other intellectual property rights owned or controlled by BGF or its licensors. You shall comply with all copyright notices or restrictions referred to on the Site and shall not use, copy or appropriate any Content or software which in any way infringes such intellectual property rights.

8. Liability

1. To the fullest extent permitted by law, neither BGF nor any of its affiliates, directors, officers, employees, agents or other representatives will be liable for any damages of any kind, including without limitation compensatory, direct, indirect or consequential damages, loss of data, business, revenue, income, profit, anticipated savings, reputation or goodwill, loss of or damage to property and claims of third parties arising from the use of the Site.

9. Miscellaneous

1. Use of the Site is governed by English law, and you agree to submit any claim or dispute arising out of your use of the Site to the non-exclusive jurisdiction of the English courts.

2. If any provision of these terms and conditions is held to be unlawful, void or unenforceable for any reason, then such provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions.

3. BGF reserves the right to alter, adapt or otherwise change these terms and conditions from time to time and you will be bound by the terms and conditions in force upon each visit to of the Site. BGF therefore recommend that you check for any updates to these terms and conditions upon each visit to or use of the Site.