This Agreement (the “Agreement”), including terms and conditions relating to your use of the Services, are offered by PGK Advisory LTD (the ‘Company’ or ‘we’ or ‘us’),which is registered in Cyprus under the Companies Law, with registration number HE 420907. The Company’s registered office is at 13 Kypranoros street, 1061, Nicosia, Cyprus. When we refer to “you” and “your” we mean a registered user and/or a visitor to the Website By using our Services, you are agreeing to be bound by all of these terms and conditions. We may change these terms at any time, but we will post a notice on the Website of any material changes. Your continued use of our Services means that you accept any new or modified terms.

Registration

Our service is not intended for distribution to, or use by, any person:

  • who is under the age of 18 years old or is not of legal competence or of sound mind;

Without derogating from the above, we reserve the right, acting reasonably, to suspend and/or refuse access to or the use of our Services to anyone.

As a registered member, you can change your password at any time.

Your Conduct

You agree to use our Services for lawful and non-professional purposes only.

You may not access or use the Website to:

  • Violate any applicable laws, rules or regulations;
  • Encourage conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
  • Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of the Website;
  • Try to get around any protections, suspensions or terminations we put in place for the security and operation of the Website;
  • Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
  • Take any action that damages or disrupts the functioning of our systems or services.

Unauthorised access of the Website is a breach of these Terms and Conditions and a violation of the law. You agree not to access the Website by any means other than the interfaces we provide for use in accessing them.

We reserve the right to edit, amend or issue you with new Account Credentials or require a change of your Account Credentials at any time by giving notice to you.

You are responsible for ensuring that you alone control access to your Account Credentials, and that no person who is under the age of 18 years old or other person is granted access to the subscribers area using your Account Credentials due to your negligence or otherwise. You undertake to immediately notify us in writing in accordance with Section (Complaints Handling) if you become aware of any loss, theft or use by any other person or entity of your Account Credentials.

Subscription

We offer two types of subscription for the time being, a monthly and an annual subscription. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us when we have successfully verified your payment and contact details, at which point we will provide you with access to the Subscription (“Commencement Date”). You will receive written confirmation when your Subscription offer has been accepted. When you place your Subscription order with us including direct debit, you agree that at the end of the initial subscription period (and of each renewal period thereafter), your Subscription will automatically renew for the same subscription period at the then prevailing renewal rate, which may be changed from time to time. You have the right to cancel your Subscription at any time. Subscribed members will have access to all of our service’s investment picks immediately, there are no refunds once you subscribe with us. We further acknowledge that our subscriptions will renew automatically.

Fees and Payments

You are responsible for any fees that are payable including any processing or other fees charged by the issuing bank/payment provider.

The price to be paid for your Subscription will be made clear to you on the Subscription order pages or otherwise during the order process and may vary from time to time. You agree to pay the fees at the rates notified to you at the time you purchase your Subscription together with any processing or other associated fees charged by the issuing bank/payment provider. We will always inform you in advance of any increase in the price of your Subscription and offer you an opportunity to cancel it if you do not wish to pay the new price. All payments (including any applicable taxes) must be made in advance in Euro.

If we do not receive payment authorisation or any authorisation is subsequently canceled, we may immediately terminate or suspend your access to your Subscription

If you are entitled to a refund under these Terms, refunds can only be made to the credit/debit/charge card that was used for the original purchase, unless it has expired in which case we will contact you.

Our Services

We offer one or more stock investment proposals per month together accompanied with a detailed research analysis, portfolio stocks ranking (hold, buy, strong buy), action advice on companies’ main events, ten solid foundation stocks for new and experienced investors, five fund investment proposals, a dedicated research area where you can find financial data for all stocks traded in exchanges, investing hints and tips, and a members-only 24/7 website access.

How we calculate the returns of our Stock Investment Proposal portfolio

We use the total average return methodology to measure our portfolio’s performance. Stated returns are based on the percentage change between the closing stock price on the day of the proposal (open price) and the current stock price (last price). If a sale proposal is published, the position is considered closed on the closing stock price of the day the sale proposal was published (close price). When dividends, mergers and splits occur, the open price is revised accordingly (revised open price). The average return is calculated as the last price (or the close price if a sale proposal was published) divided by the revised open price minus one. The returns on investments made in foreign currencies are not adjusted for changes in exchange rates. The returns do not reflect the effects of taxation, advisory fees, and/or other expenses normally incurred in managing a portfolio. We assume an equal amount of investment into each stock proposal and that dividends are reinvested.

No personalised advice

We aim to empower people to achieve financial wellness. BFI is not in the business of rendering personalized advice. We cannot know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. Nothing herein should be considered personalized investment advice. The advice we provide is published generally, is not personal to you, and does not take account of your personal circumstances. You should not base investment decisions solely on this document. We will not, and cannot, trade on your behalf at your brokerage. Only you can decide whether or not a stock is right for you and you agree to be liable for any trades you initiate at your brokerage using tools that we or our partners provide.

All content is for discussion, education, entertainment, and illustrative purposes only and should not be construed as professional financial advice, solicitation. There are risks associated with investing in securities. Loss of principal is possible. Past performance is not a predictor of future investment performance.

The Company is not responsible for investment actions taken by subscibers/viewers. Should you need such advice, please consult a licensed financial advisor, legal advisor, or tax advisor. You agree to verify all information yourself before investing. Any past performance discussed is no guarantee of future results. Investing involves risk and possible loss of principal capital; please seek advice from a licensed professional.

All views expressed are our opinions as of the date of recording and are subject to change without the responsibility to update views. No guarantee is given regarding the accuracy of the information. Releasees undertake no obligation to provide accurate or sound investment statements. You waive any and all duties that may exist flowing from you to any Releasee. You agree not to hold any Releasee liable for any possible claim for damages arising from any decision you make based on information or other content.

Limitation of liability

Our aggregate liability to you in respect of all claims arising out of or in connection with the Agreement (including without limitation as a result of breach of contract, negligence or any other tort, under statute or otherwise) will be limited to the aggregate amount of the subscription fees.

The Company shall not be liable:

  • for any loss, expense, cost or liability (together ‘loss’) suffered or incurred by you unless and to the extent that such loss is suffered or incurred as a result of our negligence or willful default;
  • for any indirect loss or damage (whether for loss of future profit, or otherwise), costs, expenses or other claims for compensation whatsoever (howsoever caused) which arise out of or in relation to the Agreement
  • for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from use of or reliance on any Financial Data, prices, or other information available to you on the Website or offered by us

You acknowledge that our Services has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the facilities and functions of our Services meet your individual requirements.

The Agreement sets out the full extent of our obligations and liabilities in respect of the supply of our Service. In particular, there are no conditions, representations or other terms, express or implied, that are binding on us except as specifically stated in the Agreement.

You shall hold us harmless in respect of all liabilities which we suffer or incur as a direct or indirect result of a breach by you or your obligations under the Agreement or us exercising our rights in relation to the provisions within the Agreement, unless and to the extent such liabilities are suffered or incurred as a result of our negligence or willful default.

You agree to promptly pay us all damages, costs and expenses, including legal fees, we have incurred in the enforcement of any of the provisions of the Agreement and any other agreements we have with you. Unless the Company has been negligent, we shall not be held liable and are released by you from all claims and losses arising out of any reliance or use by you or any other third party with access to your Account of any Financial Data which has been provided on a best endeavors basis, provided that we promptly notify you in writing of any such claim and allow you to participate, at your own expense, in the defense of any such claim. You shall not enter into any settlement or compromise of any such claim without our prior written consent.

Records

Our records, unless shown to be wrong, will be evidence of your relationship with us in connection with the Agreement. You will not object to the admission of our records which may be required as evidence in any legal or regulatory proceedings. We will keep records containing your personal data, communications and anything else which relates to the Client as long as needed after termination of the Agreement in accordance with the applicable legislation,.

Our content

You acknowledge that all Intellectual Property Rights in the Website are owned by us.

You will not:

  • copy, record, translate or amend the Website, or any part of it;
  • in any manner damage or impair any of our Intellectual Property Rights.

You shall use your best efforts to protect our Intellectual Property Rights from infringement by third parties.

Except as expressly provided in this Agreement, all of the content on this Website is the property of Company and is protected by Cypriot Law and international copyright laws. For the purposes of this clause “Content” means any information, mode of expression, or other material and services found on the Website. This includes software, our writings, graphics and any and all other features found on the Website. Our content is intended for individual, personal use only.

Disclaimer of warranties and liability

We, specifically, do not warrant that:

  • our Service will meet your individual requirements;
  • your equipment, Software, and communication connections will be compatible with the hardware and Software we employ to provide our Services;
  • we will be able to prevent third party disruptions of and to the operation of the Website;
  • errors will be corrected in the Website; or
  • we will detect every bug in the Website.

Alert messages are sent through public telecommunications facilities and you acknowledge that we do not warrant your communication device(s) will be compatible with the Alert messages sent to you or that you have operated the Alert message facility correctly. We cannot guarantee your device is able to receive such messages. Should you select 2 (two) or more means of receiving alert messages, we reserve the right to send the message via one or more, at our sole discretion.

We hereby further disclaim any, and shall have no, liability resulting from or related to any:

disruption of your connections to the internet or communication failures or delays,

security breaches resulting in part or in whole from third-party Software or services or from actions or events outside of our reasonable control.

You understand and acknowledge that information posted or transmitted by other users are the sole responsibility of the person from whom such material originated. The Company takes no responsibility for the accuracy, completeness, timeliness, or even truth of the information posted in our areas.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. There may be times when certain features, parts or content of the Website, or the entire Website, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website.

The Website may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of, or association with, their operators or promoters.

You agree that Company shall not be liable for any decision made or action taken by you or others in reliance upon news, information, or any material published by Company. The Company relies on various sources of information that we believe to be accurate and reliable, and we try very hard to provide educational, amusing, and useful content. However, Company makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas. All information provided on The Company is to be used on an “as is, with all faults” basis.

We make no promises that our content or the service itself will be delivered to you uninterrupted, timely, secure or error-free.

You agree that under no circumstances shall Company makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas;  be liable for any direct, indirect, incidental or any other type of loss or damage resulting from your use, or downloading of any content on the Website. This includes, but is not limited to, loss or damage caused in whole or in part by our negligence or by contingencies beyond our control in creating or delivering any portion of Company.

Nothing in these terms excludes or limits Company’s liability for any liability that, by law, may not be limited or excluded. Subject to the foregoing, Company its employees, agents, parent and affiliates will not be liable for any economic loss including without limitation loss of profits or anticipated savings, or any special, indirect, consequential or exemplary losses you may incur.

Nothing herein should be considered personalized investment advice. The advice we provide is published generally, is not personal to you, and does not take account of your personal circumstances. You should not base investment decisions solely on our service.

Risk warnings and disclaimer

The value of stocks and shares and any dividend income, may fall as well as rise, and is not guaranteed so you may get back less than you invested. You should not invest any money you can’t afford to lose and should not rely on any dividend income to meet your living expenses. Stocks listed on overseas exchanges may be subject to additional dealing and exchange rate charges, administrative costs, withholding taxes, different accounting and reporting standards, may have other tax implications, and may not provide the same, or any, regulatory protection. Exchange rate charges may adversely affect the value of shares in your local currency, and you could lose money even if the stock rises in the currency of origin. Any performance statistics that do not adjust for exchange rate changes are likely to result in inaccurate real returns for EU-based investors.

We have taken reasonable steps to ensure that any information provided is accurate at the time of publishing. The content provided in the Website has not taken into account the circumstances of any specific individual, and does not constitute personal advice or a personal recommendation for any individual; neither should it be relied upon by any individual when making an investment decision. If you require any personal advice or personal recommendation, please speak to an independent qualified financial adviser. No liability is accepted by the Company, for any investment loss, or any other loss or detriment experienced by any individual for any investment decision, whether consequent to, or in any way related to our Services, the provision of which is an unregulated activity.

Trademark information

You agree not use or display the Company’s trademark in any manner without our prior written consent. All of the writing and graphics on our site is the property of the Company and is protected under copyright. None of the material may be reproduced without our written permission, with the exception of downloading or printing a single copy for yourself for offline viewing. Republication and redissemination, including posting to news groups, bulletin boards or other discussion forums, is expressly prohibited without the prior written consent of the Company.

Complaint handling

The Company has adopted this Complaints Policy specifically designed for Clients (the “Policy”) in order to ensure a fair and quick process for handling Client Complaints (as such term is defined below) that may arise from our relationship with Clients.

Our aim is to provide a high level of service to all of our Clients at all times. We value feedback of all kinds from our Clients and use it to enhance our products and Services. We appreciate that from time to time things can go wrong or there can be misunderstandings.

Accordingly, we established and implement effective and transparent procedures for effective and transparent procedures for the reasonable and prompt handling of Client Complaints, and we maintain records of each Complaint and the measures taken for the Complaint’s resolution.

Any query and/or concern and/or issue and/or problem you may have in respect of the Services provided by the Company under the Agreement should be made in writing and addressed to the Customer Support Department via the “Contact Us” page on the Website. Upon receipt of a duly completed Complaint the matter will be escalated to the Complaints Team.

We will issue a response in writing within five (5) business days, from the day of receipt of the Complaint. In investigating a client Complaint, the Company takes into account the subject matter of the Complaint, the contents of the duly completed Complaint, the evidence the client has provided, and the evidence in our records. As part of our investigation we may share and receive information (including personal data) regarding a client complaint with third parties (e.g. our legal advisors etc.) in line with our Privacy Policy and the Agreement.

Further clarifications and information relating to the Complaint may be requested from the client if necessary.

The Company may keep and continuously update records of all the Complaints received by clients with details of the investigation conducted, the final outcome of these, any remedy measures undertaken and all the communication with the clients.

Force majeure events

We may, in our reasonable opinion, determine that a Force Majeure Event exists. A Force Majeure Event will include, but is not limited to, the following:

  • any act, event or occurrence (including without limitation any strike, riot or civil unrest, act of terrorism, war, industrial action and
  • acts and regulations of any governmental or supra national bodies or authorities that, in our opinion, prevents us from offering our Services

If we determine that a Force Majeure Event exists, we may without notice and at any time, acting reasonably suspend or modify the terms of this Agreement to the extent that the Force Majeure Event makes it impossible or impracticable for us to comply thereto

You agree that we will not be liable in any way to you or to any other person in the event of a Force Majeure Event, nor for our actions pursuant to previous clause, if we decide to take such action.

The Company shall be released of all responsibilities for partial or full non-fulfilment, as well as for improper fulfilment of the obligations under this Agreement, if such non-fulfilment or improper fulfilment was a result of a Force Majeure Event, which occurred after the Agreement was concluded.

Termination

The Agreement shall come into force and effect on Commencement Date and shall continue to be in force until terminated by either Party.

You shall be entitled to terminate the Agreement at any time by giving written notice to us via email or the “Contact Us” page on the Website

We may immediately terminate the Agreement by providing written notice if you materially breach any term or condition of the Agreement

In the event of the termination or cancellation of this Agreement, we will not return to you any balance. No penalty will be payable by either party on cancellation or termination of the Agreement.

Upon expiry, cancellation or termination of the Agreement you shall immediately cease to use or have access to our Service.

Termination of the Agreement for any reason will:

  • be without prejudice to any obligation or right of any party which has accrued prior to such expiry or termination (or will thereafter accrue in respect of the period before such expiry or termination); and
  • not affect any provision of the Agreement which is expressly or by implication intended to come into effect on, or to continue in effect after, such termination.

Notices

You acknowledge and agree that Company may communicate with you by email, SMS, letter or telephone. Only emails received from the ‘ bfiadvisor.com ” domain are legitimate email communications from the Company. Any other emails claiming to be from the Company are deemed to be fraudulent.

If a communication from the  Company electronically transmitted such communication shall be deemed delivered the next business day after transmission;

Non exclusivity

You acknowledge that we may provide our Service to other parties, and agree that nothing herein will be deemed or construed to prevent us from providing such services.

Waiver

Any failure to exercise or any delay in exercising a right or remedy provided by the Agreement or at law (and/or the continued performance of the Agreement) will not constitute a waiver of the right or remedy or a waiver of any other rights or remedies. A waiver of a breach of any of the terms of the Agreement will not constitute a waiver of any other breach and will not affect the other terms of the Agreement.

The rights and remedies provided by the Agreement are cumulative and (except as otherwise provided in the Agreement) are not exclusive of any rights or remedies provided at law.

Assignment

You may not assign or transfer any of your rights or delegate any of your obligations under the Agreement, whether by operation of law or otherwise, either on a permanent or temporary basis to a third party without our prior written consent.

You acknowledge and agree that we may sell, transfer, assign or novate our rights or obligations under the Agreement or the performance of the entire Agreement, in our sole discretion, to a successor of all or substantially all of our business or assets (in the event of merger or acquisition of the Company with a third party, reorganisation of the Company, winding up of the Company or sale or transfer of all or part of the business or the assets of the Company to a third party), without your prior written consent by providing a notice in writing within a reasonable time period.

You agree that in the event of transfer, assignment or novation described above, the Company shall have the right to disclose and/or transfer all Client Information (including without limitation personal data, recording, correspondence, client identification documents, files and records,) and transfer the Client Account as required, subject to providing prior notice to the Client.

Third party rights

Except as expressly provided elsewhere in this Agreement, a person who is not a party to this Agreement shall not have any rights to enforce any term of this Agreement.

Precedence

In the event of a conflict between any of the provisions of the documents which make up the Agreement, the terms of this Agreement shall prevail.

General information

We shall be entitled to take any action that we consider necessary to ensure compliance with any relevant legislation and regulations. In the event of a conflict between any provision of this Agreement and any relevant legislation and regulations, the relevant legislation and regulations shall prevail.

The Agreement sets out the entire agreement and understanding between the parties in respect of the matters dealt with in them. It supersedes any previous agreement or understanding between you and us in respect of their subject matter.

Except as otherwise expressly stated in these Terms and Conditions, there are no third party beneficiaries to this agreement.

If any provision of the Agreement is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability will not affect the other provisions of the Agreement which will remain in full force and effect.

The interpretation, construction, effect and enforceability of the Agreement shall be governed by the Laws of the Republic of Cyprus, and you and we agree to submit to the exclusive jurisdiction of the courts of the Republic of Cyprus for the determination of disputes.

Amendments

The Company may also change any terms of the Agreement for any of the following reasons:

(a) Where the Company reasonably considers that:

  • the change would make the terms of the Agreement easier to understand;

(b) To cover:

  • the involvement of any service or facility the Company offers to the Client; or

the introduction of a new service or facility; or

  • the replacement of an existing service or facility with a new one; or
  • the withdrawal of a service or facility which has become obsolete, or has ceased to be widely used, or has not been used by the Client at any time in the previous year, or it has become very expensive for the Company to offer.

(c) Where the Company finds that any term in the Agreement is inconsistent with applicable regulations. In such a case, it will not rely on that term but treat it as if it did reflect the relevant Applicable Regulations and shall update the Agreement to reflect the applicable regulations.

The Client acknowledges that a change which is made to reflect a change of applicable regulations may, if necessary, take effect immediately.

The Company shall have the right to review its costs, fees, charges, financing fees, found on the Company’s Website, from time to time. In the absence of a Force Majeure event, the Company shall be providing the Client with notice on its Website. Such changes shall be effected on the Website and the Client is responsible to check for updates regularly. The Client shall be treated as accepting the change on that date unless, before then, the Client informs the Company that the Client wishes to terminate the Agreement and not accept the change.

Language

The Company’s official language is the English language and the Client should always read and refer to the Website for all information and disclosures about the Company and its activities. Translation or information provided in languages other than English is for informational purposes only and do not bind the Company or have any legal effect whatsoever, the Company having no responsibility or liability regarding the correctness of the information therein.

The Agreement is written in the English language and all correspondence, documents and communications between you and us shall be in English.

Definitions

‘Account Credentials” means a unique username and password used by you to access and use the Website

“Alert messages” means all computer system generated messages sent to a customer by Push, SMS, email or other means of communication displayed on the Website, once a specific event has been triggered, including, but not limited to warnings that margin parameters have been exceeded, instrument price limits have been triggered or announcement alerts

‘’Content’’ means any Financial Data, prices, or other information available to you on the Website or offered by us in any other form or by any other means.

“Complaint” shall mean an expression of dissatisfaction by a Client regarding our Services provided to him/her by us.

‘’Financial Data’’ means any financial and market data, price quotes, news, analyst opinions, research reports, graphs or any other data or information whatsoever available through the Website.

“Force Majeure Event” means the existence of an emergency or an exceptional market condition, including without limitation, the events set forth in Section (Force majeure events)

“Intellectual Property Rights” means patents, trademarks, service marks, logos, get-up, trade names, internet domain names, rights in designs, copyright (including rights in computer Software), database rights, utility models, rights in know-how and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all other rights or forms of protection having equivalent or similar effect anywhere in the world

“Important events” means an increase of a company’s share capital, a stock split of a company’s existing shares and when a company divest certain assets, a division, or a subsidiary (‘spin off’) restrictively.

“Privacy Policy” means our privacy policy which can be found on the Website

“Registration Data” means certain personal and financial information that you are required to provide in order to use our Service or/and the Website including Account Credentials,

‘’Services’’ has the meaning under Section (•)

“Website” means www.bfiadvisor.com