Terms & Conditions
All information shown on web pages that have an address commencing www.bluewaterpe.com constitute Blue Water Energy’s website (the “Website”).
Use of the Website
The information contained on the Website is provided for personal use and general information and interest purposes only. The information contained on the Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject Blue Water Energy to any registration requirement within such jurisdiction. If you access the Website outside the UK, you are responsible, to the extent permitted by local law, for compliance with any local laws relating to access. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the Website without the prior written permission of Blue Water Energy. You may not use this Website in any way that is unlawful or fraudulent and you may not misuse our Website by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You may not use this Website or the information and graphics on this Website in any way that infringes Blue Water Energy’s or any third party’s trade marks or other intellectual property rights.
Nothing contained on the Website constitutes an offer under any applicable law or legislation or an offer to sell or a solicitation or offer to buy any securities, financial instruments or financial services. Nor shall the Website, nor any part of it, form the basis of, or be relied on in connection with, any contract or commitment whatsoever.
Nothing contained on the Website constitutes investment, legal, tax or other advice nor is it to be relied upon in making an investment or other decision. You should obtain relevant and specific professional advice and check the accuracy of all relevant information before making any investment decision.
While Blue Water Energy tries to keep the information on the Website accurate and up to date, Blue Water Energy is not responsible for, nor gives any undertaking, representation or warranty as to, the accuracy, usefulness, availability, reliability or completeness of any material, information, news or opinions contained in or provided in connection with the Website. Blue Water Energy makes no warranty or representation that (i) the Website will be uninterrupted, timely, secure or error-free, (ii) the results that may be obtained from the use of the Website will be accurate or reliable, (iii) the Website will meet your requirements, or (iv) any errors in the Website will be corrected. To the fullest extent permitted by applicable law, Blue Water Energy expressly disclaims all warranties, conditions and other terms of any kind, whether express or implied, including, but not limited to, any implied term of satisfactory quality, fitness for purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to the non-infringement of any intellectual property right.
Limitation of Liability
Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BLUE WATER ENERGY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION OR LOSS OF PROFITS, REVENUE, DATA OR USE) INCURRED BY YOU, WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH (I) ACCESS TO, PERFORMANCE OF, BROWSING IN OR LINKING TO OTHER WEBSITES FROM THE WEBSITE, (II) RELIANCE ON ANY INFORMATION CONTAINED ON THE WEBSITE, (III) ANY ERROR, FAULT, COMPUTER VIRUS, HACKING OR OTHER PHENOMENON AFFECTING DATA OR THE TRANSMISSION OF DATA ON THE WEBSITE, OR (IV) USE OF THE WEBSITE IN ANY WAY, WHETHER OR NOT (IN EACH CASE) BLUE WATER ENERGY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT BLUE WATER ENERGY’S LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY ITS NEGLIGENCE.
Changes to the Website
Blue Water Energy shall have no responsibility for monitoring or updating the Website, and reserve the right in their absolute discretion to amend, alter, redesign, change, add to or remove material from the Website or anything contained on it, at any time without notice or liability.
Blue Water Energy and/or any of its members, directors, officers and employees may have or have had interests or positions or traded in relevant securities. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided corporate finance or other services to, or serve or have served as directors of, relevant companies. Companies in which investments are made may compete with one another.
Third Party Websites
The Website may include links to websites not controlled by Blue Water Energy and we are not responsible for the availability of, nor any content on, those websites. Blue Water Energy provides these links merely as a convenience and the inclusion of such links does not imply an endorsement. No representation is made as to the regulatory status of any third party that may maintain or be referred to in such a linked website.
The Website is not intended as a method for users to convey information to Blue Water Energy. Do not attempt to submit, upload, post, transmit or otherwise make available to Blue Water Energy (or any third party) any information through the Website.
UK Regulatory Information
Access to the Website in the UK is provided solely by Blue Water Energy LLP. Blue Water Energy LLP is incorporated as a Limited Liability Partnership in England and Wales under the partnership number OC364534. Blue Water Energy LLP has its registered office at 17 Connaught Place, London W2 2ES. Blue Water Energy LLP is authorised and regulated by the Financial Conduct Authority under reference number 565160.
(A) To the extent that any information contained on the Website constitutes a “financial promotion” for the purposes of section 21 of the Financial Services and Markets Act 2000, such information is directed only at persons who (i) have professional experience in matters relating to investments falling within Article 19(5) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (as amended, the “Financial Promotion Order”), (ii) are persons falling within Article 49(2)(a) to (d) (“high net worth companies, unincorporated associations etc”) of the Financial Promotion Order, (iii) are outside the United Kingdom, or (iv) are persons to whom an invitation or inducement to engage in investment activity (within the meaning of section 21 of the Financial Services and Markets Act 2000) in connection with the issue or sale of any securities may otherwise lawfully be communicated or caused to be communicated (all such persons together being referred to as “relevant persons”). Such information must not be acted on or relied on by persons who are not relevant persons. Any investment or investment activity to which such information relates is available only to relevant persons and will be engaged in only with relevant persons.
(B) To the extent that the Website contains information about the performance of investments previously made by funds managed or advised by Blue Water Energy, you should be aware that this information has not been audited or verified by an independent party, past performance is not a reliable indicator of future performance and future investments may not achieve the same level of returns as previous investments.
Trade Marks, Copyright, No Licence
“Blue Water Energy” and the logos and trade marks (“Marks”) displayed on the Website are either trade marks or registered trade marks in the UK and/or other countries. Blue Water Energy reserves all rights on its behalf and on behalf of any third party which is authorized to display materials or marks on this Website with respect to copyright and trade mark ownership of all material on this Website. You are not permitted to use these Marks without the prior written consent of Blue Water Energy or such third party as may own the Mark. No licence or right under any patent, trade mark or copyright of Blue Water Energy or any third party is granted herein. Copying or downloading material from this Website does not transfer title to any material on this Website to you.
If any provision of these Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, you agree that the other provisions of these Terms and Conditions of Use will remain in full force and effect in so far as possible.
The failure of Blue Water Energy to exercise any right or remedy under these Terms and Conditions of Use shall not constitute a waiver thereof; nor shall any waiver by Blue Water Energy of any breach by you constitute a waiver of any subsequent breach.
Entire Agreement and Applicable Law
Nothing on this Site constitutes, or is intended to constitute, an offer, solicitation, invitation or inducement to buy or sell investments of any description in any jurisdiction or to engage in any other investment activity. Furthermore, nothing on this Site shall constitute financial, investment, tax or any other type of advice or recommendation and should not be relied upon as such. You should not rely on any statements set out in this Site in making an investment or other decision but instead seek your own independent legal, regulatory, investment and tax advice.
Without prejudice to the above, parts of this Site may constitute a financial promotion for the purposes of section 21 of the Financial Services and Markets Act 2000. This Site may be accessed by and is directed only at persons who are (i) persons falling within any of the categories of “investment professionals” as defined in Article 14(1) to (7) of the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001, as amended (the “CIS Order”) and Article 19(1) to (6) of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005, as amended (the “FPO”), who have professional experience in matters relating to participating in unregulated collective investment schemes (defined as non-mainstream pooled investments in COBS 4.12 of the Financial Conduct Authority (“FCA”) Conduct of Business (“COBS”) Handbook); (ii) persons falling within the category of “certified high net worth individuals” as defined in Article 21(1) to (7) of the CIS Order and Article 48(1) to (9) of the FPO; (iii) persons falling within any of the categories of “high-net-worth entities” as defined in of Article 22 (1) to (5) of the CIS Order and Article 49 (1) to (7) of the FPO, (being broadly, companies, unincorporated associations or partnerships with net assets of £5 million sterling or more, companies with more than 20 members with net assets of £500,000 sterling or more and trustees of trusts with assets of £10 million sterling or more, or any person acting in the capacity as director, officer or employee of such an entity where that person’s responsibilities when acting in that capacity involve him in the entity’s participation in unregulated collective investment schemes); (iv) persons falling within the category of “sophisticated investors” as defined in Article 23(1) to (4) of the CIS Order and Article 50(1) to (4) of the FPO; and (v) are categorised as “professional clients” in accordance with the FCA’s COBS Handbook; or (vi) any other person to whom it may otherwise lawfully be communicated (all such persons together being referred to as “Exempt Persons”). Any investment, investment activity or controlled activity to which this site relates is available only to Exempt Persons and will be engaged in only with Exempt Persons. Accordingly, persons who are not Exempt Persons (in particular, persons who would be classified as “retail clients” under the FCA COBS Handbook) must not rely or act on the contents of this Site. THIS SITE AND ANY MARKETING COMMUNICATION CONTAINED HEREIN IS NOT DIRECTED AT MEMBERS OF THE GENERAL PUBLIC OR RETAIL INVESTORS.
In the case of persons outside the United Kingdom, this Site is also only directed at such persons to the extent that it may be lawfully accessed by them without (i) breaching any law or regulation in any other jurisdiction or (ii) imposing any requirement on [BWE] or any other person to be licensed, registered or approved or to comply with any other regulatory requirements in any other jurisdiction. Persons in respect of whom such prohibitions or requirements apply must not access this Site.
[BWE] does not and will not act for you. In particular, [BWE] does not and will not advise you or provide any other investment services to you and will not be responsible for providing you with the protections afforded to its regulatory clients. No employee of, or other person associated with, [BWE] has the authority to represent otherwise.
To the extent applicable, you are responsible for compliance with local laws or regulations relevant when accessing or using the information on this Site from, or in, a jurisdiction other than the UK.
Nothing on this Site excludes or restricts any duty or liability of [BWE] under the Financial Services and Markets Act 2000 (as amended), FCA rules or any relevant (directly effective) European Union Regulation.
This Site is not, and under no circumstances is it to be construed as, a prospectus or an advertisement and the communication of this Site is not, and under no circumstances is it to be construed as, an offer to sell or a solicitation of an offer to purchase an interest in any fund or other investment vehicle. No reliance should be placed upon the contents of this Site by any person who may subsequently decide to apply to acquire interests in any fund or other investment vehicle. Any offering of interests in any fund or other investment vehicle may be subject to the receipt of regulatory approvals in various jurisdictions and any prospective investor who subsequently acquires interests in any fund or other investment vehicle must rely on the final private placement memorandum to be issued in respect of such entity and the final form limited partnership agreement(s) and/or other legal documents constituting such entity (together, the “Fund Documentation”) which alone will form the basis of any subscriptions to a such entity. In the case of any discrepancy between the contents of this Site and any Fund Documentation, Fund Documentation shall prevail.