Terms of Use

The following are the Terms of Use for the FixingBHP website (“Website”).

This Website is operated by Elliott Advisors (HK) Limited (“EAHK”, and together with its Affiliates, “Elliott”). “Affiliate” means any entity or other person which controls, or is under the control of, or under common control with, another person or entity of which it is an Affiliate, where “control” means the ability (whether by means of ownership, contract or other means) to direct the conduct of the affairs of the entity or person which is under “control”.

EAHK is a Hong Kong based company. This is not the official Website of EAHK or Elliott and should not be referenced as such. This Website is solely established for the purposes of providing a way to provide information regarding what Elliott feels is important to shareholders of BHP Billiton PLC, BHP Billiton Limited or their associated entities (“BHP”) and to gather information regarding BHP shareholders and their level of interest in connection with the activities of Elliott and/or its advisors in connection with any intended and/or possible changes to the BHP group’s structure and/or management and/or operations, whether proposed by Elliott or not.

This Website is intended for BHP shareholders or any other parties interested in the structure and business operations of BHP and how those impact BHP shareholders.

Important Disclaimers – read before continuing to use this Website

This Website and the content thereof are the copyright of EAHK. Neither BHP nor any member of the BHP group has approved, or has any responsibility for, this Website, its contents, or the materials on this Website (such materials, this Website and its contents being the “Materials”).

The Materials are for informational purposes only and may not be relied on by any person for any purpose and are not, and should not be construed as, investment, financial, legal, tax or other advice or recommendations. The Materials are not intended to be and do not constitute or contain any investment recommendation or any financial product advice under any applicable law or regulation. No information in any of the Materials should be construed as recommending or suggesting an investment strategy or as representing any opinion as to the present or future value of any financial instrument. Investors should seek their own financial, legal and tax advice in respect of any decision regarding BHP.

Elliott International, L.P. and/or Elliott Associates, L.P. (together, the “Elliott Funds”) and/or any of their respective Affiliates (i) may at any time in the future, without notice to any person (other than as required under, or in compliance with, applicable laws and regulations), increase or reduce their holdings of any BHP group entity’s shares or other equity or debt securities and/or may at any time have long, short, neutral or no economic or other exposure in respect of any BHP group entity’s shares or other equity or debt securities; and/or (ii) may now have and/or at any time in the future, without notice to any person (other than as required under, or in compliance with, applicable laws and regulations), may establish, increase and/or decrease long or short positions in respect of or related to any BHP group entity’s shares or other equity or debt securities, in each case irrespective of whether or not all or any of the Value Unlock Plan (as defined in the Materials) and/or any other Elliott proposals are, or are expected to be, implemented. As a result of its arrangements with the Elliott Funds and/or their Affiliates, EAHK has a financial interest in the profitability of the Elliott Funds’ positions in or relating to BHP.

The Materials have been compiled based on publicly available information (which has not been separately verified by EAHK, the Elliott Funds, or any of their respective Affiliates) and do not:

  • purport to be complete or comprehensive; or
  • constitute an agreement, offer, a solicitation of an offer, or any advice to enter into or conclude any transaction or take or refrain from taking any other course of action (whether on the terms shown therein or otherwise).

Many of the statements in the Materials are the opinions, interpretations and/or beliefs of EAHK which are based on its own analysis of publicly available information. EAHK is expressing those opinions, interpretations and beliefs solely in its capacity as an investment adviser to the Elliott Funds. Any representation, statement or opinion expressed or implied in the Materials is provided in good faith but only on the basis that no investment decision(s) will be made based on, or other reliance will be placed on, any of the contents therein by others. Nothing in the Materials or in any related materials is a statement of or indicates or implies any specific or probable value outcome for BHP’s shareholders in any particular circumstance. Certain statements and opinions expressed or implied in the Materials are necessarily based on or involve assumptions, because not all information on BHP is publically available. If any of these assumptions are incorrect, it could cause EAHK’s statements and/or opinions to differ materially.

The Materials contain “forward-looking statements”. Specific forward-looking statements can be identified by the fact that they do not relate strictly to historical or current facts and include, without limitation, words such as “may”, “can”, “will”, “expects”, “believes”, “anticipates”, “plans”, “estimates”, “projects”, “targets”, “forecasts”, “seeks”, “could”, “would” or the negative of such terms or other variations on such terms or comparable terminology. Similarly, statements that describe any objectives, plans or goals of the Elliott Funds and/or EAHK and/or their respective Affiliates are forward-looking. Any forward-looking statements are based on the current intent, belief, expectations, estimates and projections of EAHK. These statements are not guarantees of future performance and involve risks, uncertainties, assumptions and other factors that are difficult to predict and that could cause actual results to differ materially. Accordingly, you should not rely upon forward-looking statements as a prediction of actual results and actual results may vary materially from what is expressed in or indicated by the forward-looking statements.

The Materials may include content or quotes from, or hyperlinks to, news coverage or other third party sources (“Third Party Materials”). The content of the Third Party Materials has not been independently verified by EAHK and does not necessarily represent the views of EAHK, the Elliott Funds or any of their respective Affiliates. The authors and/or publishers of the Third Party Materials are independent of, and may have different views to, EAHK. The making available of Third Party Materials on this Website does not imply that any of EAHK, the Elliott Funds and/or their respective Affiliates endorses or concurs with any part of the content of the Third Party Materials or that any of the authors or publishers of the Third Party Materials endorses or concurs with any views which have been expressed by EAHK on the relevant subject matter. The Third Party Materials may not be representative of all relevant news coverage or views expressed by other third parties on the stated issues.

No representation or warranty, either expressed or implied, is provided in relation to the accuracy, completeness or reliability of the information contained in the Materials, nor is it intended to be a complete statement or summary of the securities, markets or developments referred to in the Materials. It should not be regarded by recipients as a substitute for the exercise of their own judgment. You should regard the information set out or referred to on the web pages as being qualified by the information set out at the “Shareholder Information” tab. You should obtain your own professional advice and conduct your own independent evaluation with respect to the subject matter of the Materials and any related information. Each of the Elliott Funds, EAHK, and their respective Affiliates expressly disclaims any responsibility or liability for any loss howsoever arising from any use of, or reliance on, any of the Materials or any of their contents as a whole or in part by any person, or otherwise howsoever arising in connection with the same. EAHK and/or any if its Affiliates may without notice to any person change all or any part of the Materials, but are not under any obligation to provide any amended, updated or additional information or Materials or to correct any inaccuracies in the Materials.

This Website uses cookies, and any visitor to the site acknowledges and consents to the use of these cookies and the above terms by clicking “ENTER SITE” to access this Website. For more detailed information about the cookies on this site, please click here.

Other Applicable Terms:

Unless otherwise indicated, all intellectual property contained on this Website is the property of EAHK and cannot be used without the full, written consent of EAHK. This includes the use of any statements made on this Website which are covered by copyright law, including the Copyright Ordinance (Cap. 528).

This Website collects, stores and analyses data from site visitors. For more information please see the Privacy Policy.

These Terms may be modified or amended at any time. Site visitors will not be notified of any changes directly unless the changes are substantive in nature and EAHK is legally obligated to notify site visitors of the changes. In the instance of mandatory notification, notification will only be sent to those site visitors who have provided current email contact details and have given consent for EAHK to make contact regarding updates to this site.

If any part of these Terms or any other legal notice on this site are deemed unlawful or not legally enforceable then those portions shall be amended to cure such defect. If it is not possible to modify the portion then it shall be removed from the Terms or the Site but the remainder of the Terms shall remain in full force and effect.

Any legal action arising out of the use of this website shall be subject to the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong“).

The jurisdiction for any legal action that arises from the use of this Website shall be filed in the courts of Hong Kong.