Website Terms and Conditions
1. Who are we?
www.brocktoneverlast.com is a website (referred to as the “Site”) operated by Brockton Everlast Inc. Limited (together with other members of its group, "we" "us", "our" or “Brockton Everlast”), registered as a limited company in England and Wales (company no. 11189374) at 89 Wardour Street, London W1F 0UB. The Brockton Everlast group comprises various entities including Brockton Everlast Management Limited, registered as a limited company in England and Wales (company no. 11191196) at the same address and Brockton Capital LLP (“Brockton Capital”), registered as a limited liability partnership in England and Wales (company no. OC313315) at the same address. Brockton Everlast Inc. Limited’s VAT registration number is 298 2484 51, Brockton Everlast Management Limited’s VAT registration number is 298 2530 70 and Brockton Capital LLP’s VAT registration number is 876 8722 64.
FCA Disclosure Statement: With respect to financial services regulation, Brockton Capital LLP (FRN: 449187) is an appointed representative of Kroll Securities Limited (FRN: 466588) which is authorised and regulated by the Financial Conduct Authority.
[References on the Site to "Brockton funds" are to investment funds advised by Brockton Capital and references to ["portfolio", “portfolio companies”, “investment(s)” or the “Brockton portfolio”] are to the current and/or former assets and/or portfolio companies of such funds.]
2. What is this document?
This page sets out certain information about Brockton Everlast and the terms and conditions that you agree to by accessing the Site.
Please read these terms and conditions carefully. By using the Site you indicate your agreement to them. We recommend that you print a copy of this document for future reference.
3. Access requirements
Access to the Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms, and that they comply with them.
4. Intellectual property
The Site including the intellectual property rights subsisting in its content, source code, design, navigational layout and databases ("Materials") are owned by or licensed to Brockton Everlast and/or portfolio companies. You may use the Site and its Materials only if you comply with these Website Terms and Conditions.
5. Use of materials from the site
If you wish to copy or use any Materials, including without limitation any image, logo or excerpt from the Site you must contact us first for permission, which is at our absolute discretion.
Unless we grant you explicit permission in writing, you are not permitted to use such Materials otherwise than directly for the purpose, and for the temporary period, of your browsing the Site for your honest, bona-fide personal use.
We reserve all of our legal rights and remedies in respect of misuse of Materials from the Site.
6. Unauthorised access
You may only access the Site in compliance with all applicable laws, regulations and codes of conduct applicable to you, and for your honest, bona-fide personal use.
You may only access the Site using a desktop or mobile web browser. You must not (for example) automatically or programmatically access the Site, including without limitation through the use of 'screen scraping'.
You must not:
- attempt to access any part of the Site which is not clearly and obviously made available to you via the public navigational menus and links on the Site;
- attack our site via a denial of service (distributed or otherwise) or any other attack;
- try to reverse engineer or decode any technology or protocol used for the technical operation or administration of the Site; or
- try to gain access to any hidden, non-public or protected area of the Site, without prior written permission from us.
7. No offer and no reliance
The Site is provided for informational purposes only and does not constitute an offer to sell or a solicitation of an offer to buy any securities, to make an investment or to engage in any other transaction or a recommendation to do any of the foregoing.
Whilst we use reasonable efforts to ensure the accuracy of information presented on the Site, no representations or warranties are given or implied with respect to such information. Commentary and other materials posted on the Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
No material on the Site constitutes investment, legal, tax or other advice nor should it be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.
Brockton Everlast cannot guarantee that there will be no interruptions to or errors in the Site or in its Materials, nor does it warrant that the Site or its Materials are up-to-date or accurate or compatible with your or any third party equipment or software, or free from viruses or malware.
You must not rely on the Materials on the Site for any particular purpose. Access to the Site and the use made of the Materials contained on the Site is the exclusive responsibility of the user. Certain Materials are made available as a convenience only and are not intended to be relied upon including (without limitation) as up to date or always available.
To the fullest extent permitted by law, Brockton Everlast excludes all conditions, warranties, representations or other terms which may apply to the site or any of its content, whether express or implied.
9. Limitation of liability
The material displayed on the Site is provided "as is", without any guarantees, conditions or warranties as to its accuracy, completeness or reliability.
To the fullest extent permitted by law, we, our affiliates and third parties connected to us hereby expressly exclude:
- All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or in connection with the use, inability to use, or results of the use of the Site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, any duty or liability to clients under the UK regulatory system (within the meaning of the Financial Conduct Authority Handbook Definitions) or any other liability which cannot be excluded or limited under applicable law.
10. Investment performance
If and to the extent that the Site contains information about the performance of investments made by Brockton funds you should be aware that this information may not have been audited or verified by an independent party. You should also note that past performance is not a reliable indicator of future performance, future investments may not achieve the same level of returns as previous investments and current investments may not continue to perform in the same manner.
11. Local regulatory restrictions
The Site is not directed at any person or entity in any jurisdiction where (by reason of that person or entity's nationality, residence or otherwise) the publication or availability of the Site is prohibited, restricted or which would subject us to any registration or other requirements within such jurisdiction. Where such circumstances apply, you should discontinue use of the Site and should not distribute materials on the Site to other persons or entities within the jurisdiction. Those who access the Site do so at their own initiative and are responsible for compliance with applicable local laws and regulations. Legal advice should be sought in cases of doubt.
12. Information about you and your visits to the site
We may collect information about you through technology. Particularly, we may use technical methods to track and analyse the traffic patterns on the Site. For example, we may collect your IP address each time you request a page during a visit to the Site or we may use your IP address to collect information regarding the frequency with which you browse various parts of the Site.
14. Third party links
Brockton Everlast assumes no responsibility whatsoever in respect of connection to the content of third party web sites linked to from the Site, nor does it guarantee the absence of viruses, security or integrity of the content of any third party web site.
15. Linking to the site
We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. Brockton Everlast reserves the right, at any time and without prior warning, to alter or update the Site, including these Website Terms and Conditions. The date upon which these Website Terms and Conditions were last updated is shown above. Please do check back here from time to time to make sure that you remain fully aware of your obligations.
17. Governing law and severability
These Terms and Conditions and the formation of this agreement (and any non-contractual disputes or claims between us) are governed by English law. The courts of England and Wales will have exclusive jurisdiction over these Website Terms and Conditions (including as to their formation or validity) and/or any dispute arising out of or relating to the Site.
If any provision of these terms and conditions of use if 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.
Nothing in these Website Terms and Conditions is meant to restrict or prevent you from exercising any legal rights which cannot be so restricted or prevented according to applicable laws.
By the way, why are you actually reading this bit? This bit is for lawyers and regulators only. We take our fiduciary responsibilities very seriously. But the really interesting stuff is within the website. Not here.
18. Section 172 statement
- Section 172 (1) statement - Engaging with stakeholders
The success of our business is dependent on the support of all our stakeholders. Building positive relationships is important to us and working together towards shared goals assists us in delivering long-term sustainable success. In carrying out their duties under s172, the Directors have regard to both the short and long-term impact of their decisions, the interests of the Group's employees, its sub-contractors, suppliers, consultants, tenants, the impact of its activities on the communities in which it operates and the environment.
The Group's business model is based on providing tenants with high quality commercial office and lab space, built to a high standard and delivered on programme. The Group aims to optimise the development potential of its sites in consultation with planning authorities and local communities; provide a well ordered and safe working environment for employees and sub-contractors; make prompt payment to all members of its supply chain (except in the case of dispute); operate in compliance with applicable laws and regulations; and conduct its business in an open and direct manner with all stakeholders.
The Group relies on the support of shareholders and their opinions are important to us. The Group has open communication with our shareholders, which covers a wide range of topics including financial performance, strategy and outlook.
The principal means of employee engagement is through regular and open dialogue at all levels of the Group. As is typical for a business of this size, directors and senior management are closely involved in operational matters providing ample opportunity for engagement with employees at all levels. There is an open-door culture affording all employees the opportunity to raise matters with directors and senior management in addition to their direct line manager. Furthermore, the Group’s long term incentive plan ensures an alignment of interests between the Group’s shareholders and employees.
The Group’s ambition is to deliver best-in-class service to our tenants. The Group liaises with its tenants to understand their needs and views and listen to how there can be improvements to the offer and service to them. The Group use this knowledge to inform its decision-making.
- Service Providers
The Board recognises that relationships with trusted service providers are integral to the business's long-term success. The Group builds strong relationships with our service providers to develop mutually beneficial and lasting partnerships.
Through our comprehensive, fair and competitive procurement processes, the Group ensures that our service providers are of a calibre that will help it achieve its objectives. Once service providers are engaged, the Group performs comprehensive contract management to ensure services are delivered in accordance with agreements and therefore contribute to delivery of its strategy.
Availability of funding and liquidity are crucial to the Group’s ability to take advantage of investment opportunities as they arise. The Group maintains strong relationships with current lenders, providing regular updates on at least a quarterly basis, and also maintains regular contact with prospective lenders to ensure it is well placed to secure additional funding when required. Considering how important the availability of funding is, the Group aims to demonstrate to lenders that it is a well-managed business, and in particular, that the Board focuses regularly and carefully on the management of risk.
The Group contributes to the communities in which it operates in a proactive and positive way. The Group supports and encourage its colleagues to contribute to non-profit and charitable organisations and seek to ensure our projects add public value to the local community. Community objectives form a key part of the Environmental, Social and Governance (“ESG”) strategies that the Group sets on its development projects. The Group aims to create shared value and address the issues that are most important to the neighbourhoods in which it invests.
In particular, the Group works closely with Access Aspiration, which is a leading employability programme that sits within the Mayor’s Fund for London. The scheme supports Londoners from low socio-economic backgrounds with the ultimate ambition of breaking down the barriers to education and fulfilled employment through sector-wide partnerships. The Group has collaborated with Access Aspiration since 2018 to form a partnership that not only offers work experience for a wide range of students, but also creates a long-lasting impact through webinars, mock interview sessions, charity event days, case study site visits to major commercial projects across London and mentorship opportunities.
The real estate sector has a key role to play in protecting and enhancing the natural environment. An example of this is the impact our sector has on climate change, as the UK built environment is currently responsible for 25% of total UK greenhouse gas emissions. This places great responsibility on those companies that are direct or indirect contributors.
The Board is sensitive to the Group’s role and is committed to continually reviewing its approach to sustainable investment, development and management. The Board recognises that this is integral in delivering a positive impact on ESG considerations, as well as better long-term returns for our investors.
As part of our ESG considerations, the Group has identified several key focus areas relating to the environment, which include climate change mitigation and adaptation, biodiversity protection and enhancement, circular economy of materials and water, and sustainable sourcing of materials. Every development project has specific ESG objectives and strategies against each focus area, which are established at the start of the project and are continually tracked to maintain performance.
Further to this, the Group has made a portfolio-wide commitment to achieve net zero carbon in construction and operation for all new developments by 2030. This target addresses both the upfront embodied carbon and the operational carbon of new developments.
The Board also acknowledges the Group’s role in joining wider industry efforts on environmental matters, and overall ESG, so the Group is a member and a participant of the Better Buildings Partnership and the UK Green Building Council.
- Streamlined energy and carbon reporting
The group is not required to make disclosures under the Streamlined Energy and Carbon Reporting as none of its subsidiary undertakings meet the disclosure thresholds.