Terms & Conditions

Website Terms of Use and Disclaimer

GENERAL

These Terms of Use ("Terms") govern your access to and use of this website (the "Website").

By accessing or using this Website, you agree to be bound by these Terms and the Privacy Policy. If you do not agree to these Terms, you must not use this Website.

The Black Circle Group operates through affiliated entities across multiple jurisdictions, including:

• TBCWM International Limited, a company incorporated in the British Virgin Islands with company number 2202526, which acts as investment manager in respect of certain investment structures and is approved as an investment manager pursuant to the BVI Investment Business (Approved Managers) Regulations, 2012;
• The Black Circle Investment SPC, a segregated portfolio company incorporated in the Cayman Islands with company number 432397, through which certain investment portfolios may be established; and
• The Black Circle SPV Limited, an entity established in the Abu Dhabi Global Market, United Arab Emirates, with registration number 32099, forming part of the Group's broader corporate structure.

Each Group entity performs distinct functions and operates in accordance with the laws and regulatory requirements applicable to it. The specific entity or entities, and where applicable any segregated portfolio, relevant to a client, investment or service will be identified in the applicable legal, offering and/or contractual documentation.

This Website and its content are provided for general informational purposes only and do not constitute investment, legal, tax or other professional advice, a recommendation, or an offer, invitation or solicitation to acquire, dispose of or enter into any financial product, security, digital asset, investment or investment strategy.

Nothing on this Website should be construed as indicating that The Black Circle Group, or any Group entity, is authorised, licensed or regulated in any jurisdiction or in respect of any activity where this is not the case. Where an activity requires regulatory authorisation, it will only be undertaken by an entity appropriately authorised or otherwise permitted to conduct that activity.

We reserve the right to amend these Terms at any time. Any changes will take effect upon publication on the Website.

You represent that you are of legal age and have the capacity to agree to these Terms. If you are acting on behalf of an entity, you confirm that you are authorised to act on its behalf.

NO CLIENT RELATIONSHIP

Use of this Website does not create any client, investment management, advisory, fiduciary or other professional relationship between you and The Black Circle Group or any of its affiliated entities.

Any such relationship will arise only pursuant to the applicable written contractual, offering, subscription or other legal documentation.

INVESTOR ELIGIBILITY

Investment-related information on this Website is intended solely for professional, institutional, sophisticated or other eligible investors, as applicable under the laws and regulations of their respective jurisdictions. It is not intended for retail investors.

Access to any investment, product, structure or service is subject to applicable eligibility requirements, onboarding procedures, AML/KYC and sanctions checks, and the terms of the relevant offering and contractual documentation.

Nothing on this Website constitutes confirmation that any person is eligible to participate in any investment, structure, product or service.

THIRD-PARTY SERVICES

Certain services and solutions described on this Website may be provided by independent third-party providers, including financial institutions, lenders, custodians, insurers, fiduciaries, corporate service providers and other professional advisers.

Where The Black Circle Group facilitates an introduction to, or access to, a third-party provider, the relevant service is provided subject to that provider's own terms, eligibility requirements and regulatory status.

Unless expressly agreed otherwise in writing, no Group entity is responsible for the acts, omissions, services or advice of any independent third-party provider.

INTELLECTUAL PROPERTY

All content on this Website, including text, graphics, logos, images, software and other materials ("Materials"), is owned by or licensed to The Black Circle Group and is protected by applicable intellectual property laws.

You may access and use the Website for personal or internal business purposes only. You may not, without prior written consent:

• reproduce, distribute, modify or commercially exploit any Materials;
• use any branding, logos or trade marks belonging to The Black Circle Group; or
• republish or distribute Materials through any public or private system.

WEBSITE USE

You agree not to:

• use automated tools, including bots, scrapers or crawlers, to access or extract data from the Website without permission;
• introduce viruses, malicious code or other harmful material;
• attempt to gain unauthorised access to systems, accounts or data; or
• interfere with the operation, availability or security of the Website.

DISCLAIMER OF LIABILITY

The information provided on this Website is for general informational purposes only.

To the fullest extent permitted by applicable law, The Black Circle Group and its affiliated entities make no representations or warranties, express or implied, regarding:

• the accuracy, completeness, timeliness or reliability of any information;
• the suitability of any content for any particular purpose; or
• the uninterrupted, secure or error-free operation of the Website.

All content is provided on an "as is" and "as available" basis.

To the fullest extent permitted by applicable law, The Black Circle Group and its affiliated entities shall not be liable for any loss or damage arising from or in connection with:

• use of or reliance on the Website or its content;
• any errors, omissions or inaccuracies;
• any interruption, delay or technical failure; or
• any third-party content, services or websites.

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

NO RELIANCE / NO ADVICE

Nothing on this Website constitutes legal, tax, financial, investment, insurance, fiduciary, immigration or other professional advice.

You should obtain independent professional advice appropriate to your individual circumstances before making any investment, financial, legal, tax or other decision based on information contained on this Website.

No content on this Website constitutes an offer, invitation or solicitation to acquire, dispose of or enter into any security, digital asset, investment, financial product or investment strategy.

Any investment will be made solely on the basis of the applicable offering, subscription and contractual documentation.

Any statements regarding investment strategies, market outlook, historical performance, target returns, projections or potential outcomes are subject to risks and uncertainties and are not guarantees of future performance.

All investments involve risk, including the potential loss of some or all invested capital.

JURISDICTIONAL RESTRICTIONS

This Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution, access or use would be contrary to applicable law or regulation.

The availability of any investment, product, structure or service described on this Website may vary by jurisdiction and may be subject to legal, regulatory, tax, eligibility or other restrictions.

References to any investment, product, structure or service do not imply that it is available, suitable or appropriate for any particular person or in every jurisdiction.

Users are responsible for ensuring that their access to and use of this Website complies with applicable laws and regulations in their jurisdiction.

INVESTMENT AND FINANCING RISKS

Investments in digital assets, precious metals and other alternative assets may involve significant risk, including market volatility, liquidity risk, counterparty risk and the potential loss of capital.

Digital asset-backed and other financing arrangements may involve additional risks, including fluctuations in collateral value, margin or collateral requirements, liquidation risk, custody risk and counterparty risk.

The risks, terms and conditions applicable to any particular investment or financing arrangement will be set out in the relevant offering, transaction and contractual documentation.

THIRD-PARTY CONTENT AND LINKS

This Website may contain links to third-party websites or information provided by third parties.

The Black Circle Group does not control such third-party websites and does not accept responsibility for their content, accuracy, availability, security or practices.

The inclusion of a third-party link does not, by itself, constitute an endorsement of that third party or its products or services.

Access to third-party websites is at your own risk and subject to the terms and policies of the relevant third party.

USER INFORMATION

Any information you provide through the Website may be processed by the relevant entity or entities within The Black Circle Group and, where applicable, relevant third-party service providers for purposes including:

• responding to enquiries;
• assessing eligibility;
• facilitating onboarding processes; and
• providing information regarding investments, structures, products or services.

The processing of personal data is subject to the Privacy Policy and applicable data protection laws.

NO CUSTODY THROUGH THE WEBSITE

No assets are held, transferred or custodied through this Website.

Any custody, asset-holding or collateral arrangements relating to an investment or financing transaction are governed exclusively by the relevant offering and contractual documentation and the terms applicable to the relevant custodian or service provider.

USER SUBMISSIONS

If you submit content or information through the Website:

• you confirm that you have the right to provide that content or information;
• you must not submit any unlawful, defamatory, misleading or harmful content; and
• you grant The Black Circle Group a non-exclusive, worldwide, royalty-free licence to use such content to the extent reasonably necessary for operational and communication purposes.

Any personal data contained in a submission will be processed in accordance with the Privacy Policy.

INDEMNITY

To the extent permitted by applicable law, you agree to indemnify and hold harmless The Black Circle Group and its affiliated entities, including their respective officers, directors and employees, against losses, liabilities and reasonable costs arising directly from your material breach of these Terms or unlawful use of the Website.

COOKIES AND ANALYTICS

This Website may use cookies and analytics technologies to support functionality, security and user experience.

Further information regarding the use of cookies and related technologies is set out in the Privacy Policy and any applicable cookie notice.

GOVERNING LAW

These Terms and any non-contractual obligations or disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the British Virgin Islands.

Subject to any rights or remedies that cannot lawfully be excluded, the courts of the British Virgin Islands shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or use of the Website.

MISCELLANEOUS

If any provision of these Terms is found to be invalid, unlawful or unenforceable, the remaining provisions shall continue in full force and effect.

Failure to exercise or enforce any right under these Terms shall not constitute a waiver of that right.

These Terms, together with the Privacy Policy and any other legal notices expressly incorporated by reference, constitute the terms applicable to your use of the Website.

NOTICES

Any notices or communications in connection with these Terms may be made in writing and sent to: legal@theblackcircle.com