Terms & Conditions

Terms & Conditions

for Bradbury Capital Inc.

Terms of Use

1. Definition

Bradbury Capital Inc.’(hereinafter referred to as “BCI”) website is an interactive online service operated by Bradbury Group of Companies (hereinafter collectively referred to as “Bradbury”)  and affiliates on the World Wide Web of the Internet, consisting of information services and content provided by BCI, affiliates of BCI, and other third parties. “User” means each person who establishes or accesses a connection (hereinafter referred to as “Account”) for access to and/or use of BCI website.

 

2. General.

  1. The Terms of Use sets forth the terms and conditions that apply to the use of BCI website by User. By accessing and using BCI website, User agrees to be bound by and comply with all of the terms and conditions hereof in effect on the date(s) the website is accessed by User. The right to use BCI website is personal to User and is not transferable to any other person or entity. If User does not agree to these Terms, please refrain from accessing or using the website. The Terms may be changed from time to time, without prior notice. The amended Terms shall automatically become effective immediately after they are posted. User should review the most current version of the Terms each time visiting the website. User is responsible for all use of User’s Account (under any screen name or password) and for ensuring that all use of User’s Account complies fully with the provisions of the Terms of Use. User shall be responsible for protecting the confidentiality of User’s password(s), if any.

 

  1. This website does not, and it is not intended to, provide any financial, investment, retirement planning, insurance, legal, accounting, or tax advice. The views and strategies described may not be suitable for all investors.  The website should not be used or relied upon by User as a substitute for User’s independent research or professional advice. User should consult any accounting, investment, legal or tax professional regarding any specific related situation. All products and services are subject to the terms and conditions of the applicable agreements. Past performance is not an indicator of future returns and references to performance on this website are provided as historical benchmarks only.  All investments carry some level of risk including potential loss of the principal invested.

 

  1. BCI shall have the right at any time, to change or discontinue any aspect or feature of BCI website, including, but not limited to, content, hours of availability, and equipment needed for access or use, without notice. The use of the website shall be on an “as is” basis entirely at your risk. None of BCI, nor any officer, director, or employee thereof, nor any other person associated with the creation of the website or its contents, shall be liable or responsible to any person for any harm, loss or damage that may arise in any connection with the use of the website, including without limitation any direct, indirect, special, third party, or consequential damages of User.

 

  1. BCI may establish links between this website and one or more websites operated by third parties. Other websites that may be accessed from or provide access to this website by hypertext links are entirely independent of this website and BCI does not exercise control over any such other websites, the contents therein or the products/services offered. The existence of any such links shall not constitute an endorsement of, or representation or warranty by BCI regarding, such websites, the contents of the websites, the products or services of the websites or the operators of the websites. BCI disclaims responsibility for the privacy policies and customer information practices of third-party internet websites hyperlinked from its website.

 

3. Amendments of Terms of Use.

BCI shall have the right at any time, to delete, change, update or modify the terms and conditions applicable to User’s use of BCI website, or any part thereof, or to impose new conditions, for use of BCI website. Such changes, updates, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means of, including, but not limited to, posting on BCI website, by electronic mail, or by any other means User obtains notice thereof. Any use of BCI website by User after the issuance of such notice shall be deemed to constitute acceptance by User of such deletions, changes, updates, modifications or additions.

 

4.Equipment.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of BCI website and all charges related thereto.

 

5. User Conduct.

  1. User shall use BCI website for lawful purposes only. User shall not post, publish, upload, distribute, reproduce, modify, or transmit through BCI website, any material which violates or infringes upon the rights of others in any way, which is unlawful, threatening, abusive, defamatory, an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or which without BCI’s prior express written approval that could create impression of affiliation, sponsorship or endorsement with respect to BCI or Bradbury’s products or services.

 

  1. BCI website contains material subject to the protection of copyright, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of BCI website are subject to copyright as a collective work under the Malaysian copyright and trademarks laws. BCI owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it.

 

User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit or reproduce, any of the content of BCI website, in whole or in part. User may download material for User’s personal use only, provided that it is not for the purpose of private or commercial gain.

 

  1. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of BCI and the relevant copyright owner. In the event of any permitted copying, redistribution or publication of material subject to copyright, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading any such material.

 

6. Right of Access.

BCI reserves the right to restrict, block or terminate access of any User-specific Internet address to BCI’s website and resources contained within the website, without any prior notice.

 

7. Indemnification.

User agrees to defend, indemnify and hold harmless, BCI, its affiliates and their respective directors, officers, employees and agents from and against all loss, damage, claims or expenses, including attorneys’ fees, arising out of the use of BCI website by User or through any violations committed by the User in the use of BCI website.

 

8. Limitation of Liability.

  1. BCI makes no representation or warranty whatsoever (whether express or implied, written or oral) to the User and makes no undertaking to the User in terms of the use of BCI website. The User uses BCI website at its own risk and expense.

 

  1. BCI shall not be liable for any and all damages or losses of any kind, howsoever arising from the use of BCI website, including, but not limited to damages or losses sustained through reliance on the contents or information on BCI website.

 

  1. To the maximum extent permitted by law, BCI, its affiliates, directors, employees, officers and agents shall have no liability or responsibility whatsoever to the User (whether based in contract, promissory estoppel, restitution, quantum meruit, quasi contract, tort, statute or otherwise) in connection with or in relation to the use of BCI website. Without limiting the foregoing, BCI will not be liable or responsible to the User in circumstances where:

 

  1. any User uses the website in a manner which is contrary to the interests of other Users;

 

  1. User relies on any information, content, advice or update on BCI website; or

 

  1. User uses the website and/or any material available on the website in a manner which is unlawful, threatening, abusive, defamatory, an invasion of privacy, vulgar, obscene, profane or otherwise objectionable, constitutes a criminal offence, gives rise to civil liability or otherwise violates any law.

 

9. Termination.

Without limiting the foregoing, BCI shall have the right to immediately terminate User’s access in the event of any conduct by User which BCI, in its sole discretion, considers to be unacceptable, against the interests of other Users, or in the event of any breach by User of this Terms of Use. The provisions of this paragraph 10, paragraphs 5(B), 5(C), 7, 8, and paragraph 15 shall survive the termination of this Terms of Use.

 

10. Miscellaneous.

This Terms of Use and any operating rules or user guide for BCI website established by BCI constitute the entire agreement of the parties in terms of the User’s use of the website. It shall supersede all previous agreements between the parties in terms of the User’s use of the website. This Terms of Use shall be construed in accordance with the laws of Malaysia. No waiver by BCI of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings of the paragraphs used herein are for convenience only and shall not be afforded any legal significance.

 

11. Privacy Statement.

For information regarding BCI privacy policy, please refer to BCI’s privacy statement webpage at https://www.bradburycapital.com/privacy-statement.

 

12. Disclaimers.

  1. The information on BCI website is provided for general reference purposes only. User expressly agrees that use of “BCI website” is at User’s sole risk. Neither BCI, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that BCI website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of BCI website, or as to the accuracy, adequacy, validity, availability, completeness, reliability or content of any information, service, or merchandise provided through BCI website.

 

  1. BCI website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, timeliness or completeness of any information, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

 

  1. Reference to any specific commercial product, process or service by trade name, trademark, manufacture or otherwise by BCI or its affiliates does not constitute an endorsement, a recommendation or a favouring by BCI. User may use such links entirely at User’s own risk and BCI and its affiliates accept no responsibility or liability for the content, use or availability of such websites.