Terms and conditions of use of our website

Terms of website use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website bryangarnier.com (our site). Please read these terms of use carefully before you start to use the site. By using our site, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using our site.

Information about us

bryangarnier.com is a site operated by Bryan Garnier & Co Limited (“We”). We are registered in England and Wales under company number 03034095 and have our registered office at 16 Old Queen Street London SW1H 9HP United Kingdom. Our VAT number is GB673201262.

We are regulated by the Financial Conduct Authority (FCA).

Accessing our site

Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.

When using our site, you must comply with the provisions of our acceptable use policy (available on our site).

You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them. This site is not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability, or use would be contrary to law or regulation or which would subject BRYAN GARNIER or its affiliates to any registration or licensing requirement within such jurisdiction.

Important warning for UK, US and Italian residents

For legal reasons, this site cannot be directed to or made available to UK, US and Italian private or smaller investors. If you are a UK, US or Italian resident, this site is only available to you provided:

For UK residents, you are deemed to be an eligible counterparty or professional client or retail client under the rules of the FCA. The site is not communicated to, nor should be relied upon by, retail clients in the UK. The investments and services described herein will not be available to any such retail clients. In line with COBS 7.16.5, a copy of BRYAN GARNIER Conflicts of Interest Policy is available upon request. Please send your request to the following address compliance@bryangarnier.com or contact the compliance department (00 44 207 332 2500).

For US residents, you must qualify as Major US Institutional Investor, as defined in Securities Exchange Act Rule 15a-6, and deal with us through our affiliate, BRYAN GARNIER SECURITIES LLC. Any other US persons wishing to obtain BRYAN GARNIER research and any US person wishing to effect any transaction in securities discussed herein, or otherwise, with or through BRYAN GARNIER, should click on the New York Team icon for information to contact a representative of our US affiliate, BRAYN GARNIER SECURITIES LLC in its New York office.

For Italian residents, you are a professional investor, as defined in art. 100 of decree law No. 58 of 24 February 1998 and in art. 31 of CONSOB resolution No. 11522 of 1st July 1998 and later amendments. BRYAN GARNIER declines any responsibility and cannot be held liable for anyone, as referred above, accessing this website in breach of the above requirements.

No offer

Your use of the site is at your own risk and the information and material presented in this Site are provided to you for informational purposes only and are not to be used or considered as an offer to sell or solicitation of an offer to buy securities or other financial instruments, or any substitute for any form of advice or recommendation with respect to such securities or other financial instruments. BRYAN GARNIER or its affiliates may, to the extent permitted by law, participate or invest in financing transactions with the issuer(s) of the securities referred to in this site, perform services for or solicit business from such issuers, and/or have a position or effect transactions in the securities or options thereon. In addition, they may make markets in such securities. BRYAN GARNIER may, to the extent permitted by law, act upon or use the information or opinions presented herein, or the research or analysis on which they are based before the material is published.

Intellectual property rights

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.

You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Reliance on information posted

Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.

Our site changes regularly

We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.

Our liability

The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude: All conditions, warranties and other terms which might otherwise be implied by statute, common law, or the law of equity. Any liability for any direct, indirect, or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:

loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and

for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Information about you and your visits to our site

We process information about you in accordance with our privacy policy (available on our site). By using our site, you consent to such processing, and you warrant that all data provided by you is accurate.

Viruses, hacking and other offences

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

We 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 our site or to your downloading of any material posted on it, or on any website linked to it.

No text or data mining

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our website or any services provided via, or in relation to, our website. This includes using (or permitting, authorising, or attempting the use of):

Any “robot”, “bot”, “spider”, “scraper” or other automated device, programme, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of our website or any data, content, information, or services accessed via the same.
Any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends, and correlations.

We hereby expressly reserve our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive (2019/790/EU) as onshored and retained in the UK.

The restriction of text or data mining and web scrapping set out in this clause shall not apply insofar as, but only to the extent that, we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy (available on our site).

If you wish to make any use of material on our site other than that set out above, please address your request to gtepenier@bryangarnier.com

Links from our site

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Jurisdiction and applicable law

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

Your concerns

If you have any concerns about material which appears on our site, please contact gtepernier@bryangarnier.com