Bowstring Capital, LTD is a company incorporated under the laws of Israel. References in these Terms and Conditions to “Bowstring Capital”, “we”, “us” and “our”, are to Bowstring Capital, LTD.
Bowstring Capital seeks to help victims of financial fraud (“Claimant”).
The Bowstring Capital service for Claimants is available to those whose application is processed and evaluated through Bowstring Capital.
There is a two-step process in the process regarding Claimants.
The first step in the process is the “Profile Evaluation”, wherein the Claimant’s matter is evaluated.
Once there is a “Profile Evaluation” the Claimant’s matter may be eligible for the next step, wherein the claimant’s profile is entered into a database to cross reference for a potential investor (“Profile Match”).
There may be more than one potential “Profile Match”.
Bowstring Capital does not process the investment itself, and therefore the underlying litigation funding arrangements will be handled by a separate entity on a case by case basis.
Once you are a Claimant you are considered a member of Bowstring Capital, for purposes of the Terms and Condistions, and you are bound by these Terms and Conditions in relation to your use of our Website and your participation in our services. Users of the Website who are not members are also bound by these terms insofar as they are capable of application to non-members. By using the Website, you confirm that you have read, understood, and agree to these Terms and Conditions and our Privacy and Cookies Policy each as amended from time to time. If you do not agree to the Terms and Conditions, you must stop using the Website immediately.
2.1 We make details of opportunities available only to Claimants, via “Profile Matches” with one or more member investors.
2.2 In order to become a Claimant of Bowstring Capital, you will need to undergo a Profile Evaluation. We reserve the right to reject applications on such grounds as we see fit, including, without limitation, your capacity to be bound by these Terms and Conditions or the jurisdiction in which you live or are a citizen.
2.3 If you apply to become a member, we may carry out identity and fraud checks on you, using third party agencies. We use our own internal guidelines and policies when assessing applications but retain complete discretion. We will ask you to send us copies of the relevant identification documents (normally a certified copy of your passport and a utility bill) and any supporting evidence that we may require. If you do not provide all appropriate identification documents you will not be approved. For more details about how we use your information, please refer to our Privacy and Cookies Policy.
2.8 If you authorize an agent, family member, employee, or sub-contractor to use your Bowstring Capital Profile, you will be responsible for their activity on the Website. Any breach of security, loss, theft, or unauthorized use of your security details must be notified to us immediately. We reserve the right not to act on your instructions where we suspect if we suspect illegal or fraudulent activity or unauthorized use.
2.9 You agree not to adapt or circumvent the systems in place in connection with the Website, nor access our systems other than by using the credentials assigned to you and by following the instructions that we have provided for that type of connection.
3.1 Bowstring Capital takes a fee to a conduct a Profile Evaluation
3.2 Bowstring Capital only take a fee for a Profile Match, once Bowstring Capital completes the Profile Evaluation, assesses it as eligible for a Profile Match, and you approve moving forward with a Profile Match.
3.3 Bowstring Capital does not take a fee or charge a fee upon any potential funding on your part.
3.3 Details of the fees we charge to you are detailed in the Engagement Agreement to you.
3.4 Unless otherwise stated, fees are quoted exclusive of VAT, where applicable.
4.1 If you no longer want to be a member of Bowstring Capital, you can let us know by email and we will end your membership straight away.
4.2 If you have already had a Profile Match and moved toward litigation funding process, termination will not affect the terms of the funding you have entered into.
4.3 We may terminate your membership in respect of making a Profile Match for you at any time and for any reason, including but not limited to breach of these Terms and Conditions, applicable law, misuse of our Website or account inactivity for a period of 12 months or more. If you have already had a Profile Match, and have proceeded with litigation funding, our cancellation of your membership will not affect the procedure.
4.4 Naturally, your matter is terminated once there is a “Profile Evaluation” and either you or Bowstring Capital does not wish to move forward.
4.5 termination also naturally occurs once there is a profile match
5. Conflicts of interest
5.1 Bowstring Capital or its associates may provide some or all of the potential Claimant Profile Matches, any third parties involved in the Profile Match with your profile.
5.2 We receive payment of fees from potential investors in order to assess matches for you.
5.3 Once we asses your application for a particular Profile Match, we will ask a series of questions to determine whether there is a conflict of interest between you and the potential investor.
5.4. You must be completely forthright in your responses.
5.5 Any conflicts of interest that are specific to a particular Profile Match, shall be disclosed immediately by us upon realization of such.
5.6 Similarly, any conflict of interest known by you regarding a specific Profile Match shall be disclosed by you immediately.
6.1 You shall be liable to us for any loss or damage suffered by us as a result of any breach of these Terms and Conditions.
6.2 We shall not be liable to you for any loss or damage which you may suffer as a result of being a member of Bowstring Capital or using the Bowstring Capital services except where such loss or damage arises from our breach of these Terms and Conditions or was caused by our negligence, willful default, or fraud. We are not responsible for any breach of these Terms and Conditions arising from circumstances outside our reasonable control. Our total liability to you in connection with these Terms and Conditions, your membership of Bowstring Capital and your use of the services provided via the Website shall not exceed the amount of money you have invested giving rise to the liability.
6.3 Bowstring Capital shall not be liable for any result of an investment subsequent to a Profile Match.
6.4 Nothing in these Terms and Conditions shall limit our liability for personal injury or death, fraud, nor for any other liability, the exclusion or limitation of which is not permitted by applicable law or regulation.
6.5 When we make forward-looking statements, we will base them on reasonable assumptions, but we shall not otherwise be responsible for the achievement of such statements where they are outside of our control.
7. Intellectual property
7.1 Subject to clause 7.3 below, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Website.
7.2 If and to the extent that any such intellectual property rights vest in you by operation of law or otherwise, you agree to do any and all such acts and execute any and all such documents as we may reasonably request in order to assign such intellectual property rights back to us.
7.3 You shall retain ownership of all copyright in data you upload or submit to the Website. You grant us a world-wide exclusive, royalty-free, non-terminable license to use, copy, distribute, publish, and transmit such data in any manner.
8. Amendments to these Terms and Conditions
8.1 We may need to update or amend these Terms and Conditions from time to time to comply with law or to meet our changing business requirements. We may make such changes without your specific agreement where those updates are, in our reasonable opinion, of an immaterial and routine nature and may not always be able to give you advanced notice of such updates or amendments but we will always post them on our Website so you can view them when you next log in. By continuing to use the Bowstring Capital service, you agree to be bound by the terms of any such updates and amendments.
8.2 Where we make amendments to these Terms and Conditions that are averse to your interests (such as an increase in, or the introduction of, fees for existing services), we shall, if possible, provide you with one month’s notice by email before such amendments become effective. You shall be entitled to terminate your membership at any time in accordance with clause 4. If you seek to terminate your membership, but continue to hold investments with us, the amendments will not apply to the continued holding of those investments unless the amendments are required by or reasonably necessary as a result of law or regulation.
9.1 These Terms and Conditions are governed by and to be construed in accordance with Israeli law. In the event of any matter or dispute arising out of or in connection with these Terms and Condition, you and we shall submit to the non-exclusive jurisdiction of the Israel courts.
9.2 If any of these Terms and Conditions is found to be illegal, invalid, or unenforceable by any court of competent jurisdiction, the remainder shall, so far as possible, continue in full force and effect.
9.3 No single or partial exercise, or failure or delay in exercising any right, power, or remedy by us shall constitute a waiver by us of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms and Conditions or otherwise.
10. Contacting us
If you have any questions about these Terms and Conditions, or wish to contact us for any other reason, you can contact us by telephone on: (416) 840-5536 and (416) 840-5538, or by email to: firstname.lastname@example.org