Terms of use | Swissdirekt AG

Terms & Conditions

DISCLAIMER

Ownership of the website

This website (hereafter referred to as “SwissDirekt website”) belongs to SwissDirekt AG (hereafter referred to as “SwissDirekt”), a company based in Switzerland.

By accessing this website (“SwissDirekt Website”) you agree to be legally bound by these terms of use/disclaimer (“Terms of Use”). Please also consult the applicable additional legal information for your relevant country.

ACCURACY AND UP-TO-DATEDNESS OF THE INFORMATION

The content of the SwissDirekt website is provided for information purposes only. Although SwissDirekt takes all reasonable care to ensure that the information on this website is correct at the time of publication, it makes no representation or warranty (including liability towards third parties), express or implied, regarding the accuracy, reliability or completeness of the information provided. The Terms & Conditions as well as the information provided on the SwissDirekt website may be modified at any time without prior notice. The posting of any information on the website should not be understood to imply that there have been no changes since the information was filed with the relevant regulatory authority or since it was published or that the information is accurate at any time after publication. By accessing the SwissDirekt website or using any information provided on this website (for personal use or for third parties), you signify your agreement to be bound by the Terms of Use below.

UPDATES TO THIS DISCLAIMER AND THESE TERMS OF USE

This text may be updated at any time. Therefore, SwissDirekt advises you to download and read it again regularly to ensure that you are informed of any changes. The date on which this document was last updated is shown below.

USE OF THE SWISSDIREKT WEBSITE

Subject to these Terms of Use, you may not:

systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the SwissDirekt website; except where SwissDirekt provides a download-link.
remove, change or obscure in any way any of the content of the SwissDirekt website or otherwise use any material contained on the SwissDirekt website except as set out in these Terms of Use;
use the SwissDirekt website or any of the information contained thereon for unlawful purposes.
pass on or make available all or part of the SwissDirekt website, data or documents from the SwissDirekt website to third parties for your own commercial purposes, whether for free or in return for payment.

SERVICES AND PRODUCTS

Products and services displayed on the SwissDirekt Website may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes for further information.

Any materials available on the SWISSDIREKT Website have no regard to the specific investment objectives, financial situation or particular needs of any specific recipient. Any report available on the SwissDirekt Website is published for information purposes and is not to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments. Unless specifically stated otherwise, all price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to herein. The materials should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas or groups of SwissDirekt as a result of using different assumptions and criteria. SwissDirekt is not under any obligation to update or keep current the information contained herein.

NO INVESTMENT ADVICE OFFERED BY SWISSDIREKT.COM, SWISSDIREKT.CH OR SWISSDIREKT.NET

No information published on the SwissDirekt website constitutes financial, legal, tax or other advice, nor should any investment or any other decision be made solely based on this information. Investments in any of the investment instruments described on the SwissDirekt website should only be made after carefully studying the corresponding prospectus and fund contract as well as the annual or half-yearly report including all the legal information therein. You should obtain advice from a qualified expert before making any investment decision.

INFORMATION NOT TAILORED TO YOUR SITUATION

The information contained on the SwissDirekt website is neither tailored to nor oriented towards your individual situation. Therefore, such information may be completely unsuitable for or inapplicable to your individual investment decisions. You should obtain personal advice from a qualified expert before making any investment decision.

NO OFFER

The information contained in the SwissDirekt Website is just for informational purposes. No information published on the SwissDirekt Website constitutes a solicitation, an offer, or a recommendation to buy or sell any investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever. SwissDirekt does not intend to provide investment, legal or tax advice through the SwissDirekt Website and does not represent that any securities or services discussed are suitable for any investor. When making a decision about your investments, you should seek the advice of a professional financial advisor.

FORWARD-LOOKING STATEMENTS

The value of an investment may fall as well as rise at any time. The future performance of an investment cannot be deduced from previous market value. Therefore, good performance in the past does not guarantee good performance in the future. Investments in foreign currencies are additionally subject to exchange rate fluctuations and therefore carry a higher level of risk. Therefore, SwissDirekt cannot guarantee that any capital invested will maintain its value or increase in value. The SwissDirekt Website may contain statements that constitute "forward looking statements". While these forward looking statements may represent SwissDirekt judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from SWISSDIREKT expectations. SWISSDIREKT is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.

COPYRIGHTS

The entire content of the SwissDirekt website is subject to copyright with all rights reserved by SwissDirekt. You may save or print out a hard copy of individual pages and/or sections of the SwissDirekt website provided that you do not remove any copyright notices or any other legally protected proprietary notices.

NO WARRANTY

The information and materials contained on the SwissDirekt Website are provided "as is" and "as available". SwissDirekt makes no representations or warranties of any kind, either express or implied, with respect to the information and functionality contained in the SwissDirekt Website, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, SwissDirekt does not warrant the accuracy, timeliness, completeness, reliability or availability of the SwissDirekt Website or the information or results obtained from use of the SwissDirekt Website, or that the SwissDirekt Website is virus-free or error-free.

NO LIABILITY

To the fullest extent permitted by law, in no event shall SWISSDIREKT or any of its directors, employees or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of these web pages, even if SwissDirekt has been advised of the possibility of the same.

NO LINKS TO THE SWISSDIREKT WEBSITE

You may not link to the SwissDirekt website. The SwissDirekt Website may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information. SwissDirekt has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. SwissDirekt shall have no liability for third party content or websites or websites linking to or framing the SwissDirekt Website.

TRADEMARKS

Nothing on this website shall be construed as granting any licence or right to use any image, registered trademark, logo or software. Downloading or copying of this website or of parts thereof shall not transfer any title to you. SwissDirekt reserves all rights (in particular with respect to copyrights and trademark ownership) to all material on the SwissDirekt website and will enforce their rights to the full extent of the law.

SOCIAL BOOKMARKS

The SwissDirekt Website may contain Social Bookmarks which are identifiable by means of respective buttons. Social Bookmarks allow users of certain social media platforms to post links of selected SwissDirekt web pages on their corresponding social media profile in order to bookmark them or share them with their social media contacts. If you use Social Bookmarks you will be sending identifying data to the respective social media platform. Any comments or activity arising from persons using Social Bookmarks is not controlled, endorsed or monitored by SwissDirekt and SwissDirekt shall not be responsible or liable for such. Persons who share SwissDirekt communications via Social Bookmarks are not authorized to speak for or represent SwissDirekt and their views and opinions must be regarded as strictly their own and not SwissDirekt’s. In addition, the provisions in these Terms of Use relating to Links also apply to Social Bookmarks.

INTELLECTUAL PROPERTY RIGHTS

SwissDirekt, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the SwissDirekt Website. Individual pages and/or sections of the SwissDirekt Website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way for commercial or public purposes in whole or in part any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the SwissDirekt Website without the prior written permission of SwissDirekt. Systematic retrieval of content from the SwissDirekt Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the SwissDirekt Website without written permission from SwissDirekt is prohibited. The key symbol and SwissDirekt are among the registered and unregistered trademarks of SwissDirekt. Other marks may be trademarks of their respective owners. Except as noted above, you may not use any trademarks of SwissDirekt for any purpose without the written permission of SwissDirekt.

ELECTRONIC COMMUNICATION (E-MAIL)

The Internet is an universally accessible medium. Ordinary E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may circulate across national borders, even if both sender and recipient are located in the same country.

You are therefore recommended to communicate with SwissDirekt by using a secure channel if such channel is provided by SwissDirekt. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data.

Unless explicitly stated otherwise, SwissDirekt does not accept any orders or instructions sent by E-mail or any other electronic messaging system.

SwissDirekt shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to SwissDirekt using ordinary E-mail or any other electronic messaging system.

DISCLOSURE OF INTERESTS

SwissDirekt and/or its boards of directors, managers and employees may have or have had interests in the listed investment instruments or have or have had positions in the relevant securities. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided other services to or serve or have served as directors of the relevant fund providers or companies.

LEGAL RESTRICTIONS ON USE

The SwissDirekt website contains information and documents regarding numerous investment funds and other investment instruments and is not directed at any person in any jurisdiction in which (by reason of that person’s nationality, tax residence or otherwise) publication of or access to the SwissDirekt website is prohibited. Persons in respect of whom such local restrictions apply must not access the SwissDirekt website.

USER PROFILE

The investment documents and information provided thereafter are intended exclusively for users with the specified investor profile. Selecting the wrong investor profile may result in access to information and documents relating to investment funds/instruments which the user is not authorized to access. The user undertakes to select the correct investor profile. SwissDirekt shall not be held liable for any damages or action incurred by the user as a result of selecting the wrong investor profile.

LOCATION OF USERS AND ADDITIONAL REGIONAL INFORMATION

The SwissDirekt website and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by the relevant subsidiary, or affiliate office of SwissDirekt and such licenses or authorizations have not been obtained.

ADDITIONAL INFORMATION FOR USERS IN SWITZERLAND

For the purpose of clarification, users in Switzerland should note that the term “professional investor” in the check boxes refers to a qualified investor as defined in Article 10 Para. 3, 3bis or 3ter, of the Collective Investment Schemes Act (CISA).

ADDITIONAL INFORMATION FOR USERS IN GERMANY

For the purpose of clarification, users in Germany should note that the term “professional investor” in the check boxes refers to Professional investor according to Section 1 Paragraph 19 No 32 of the German Investment Code (Kapitalanlagegesetzbuch; “KAGB”).

ADDITIONAL INFORMATION FOR USERS IN AUSTRIA

For the purpose of clarification, users in Austria should note that the term “professional investor” in the check boxes refers to a Professional investor according to Section 2 Paragraph 1 No 33 of the Austrian Alternative Investment Fund Managers Act (Alternative Investment Fonds Managergesetz; “AIFMG”). The term “private investor” in the check boxes refers to a Private investor according to Section 2 Paragraph 1 No 36 of the Austrian AIFMG.

EXCLUSION OF LIABILITY WITH REGARD TO THE DOCUMENTS AND INFORMATION ON THE SWISSDIREKT WEBSITE

Fund and investment documents and information are published on the SwissDirekt website by SwissDirekt. Under no circumstances shall SwissDirekt be held liable for any direct, indirect or consequential damages or losses resulting from use of the fund documents or information, from access to the SwissDirekt website.

COMPUTER VIRUSES, MALWARE AND SPYWARE

Furthermore, SwissDirekt disclaims all liability for any tampering with the Internet user’s computer system by unauthorized parties. In this regard, SwissDirekt expressly draws attention to the risk of viruses and the possibility of targeted attacks from malware and spyware programs. In order to combat viruses, it is recommended that the most recent browser versions be used and that anti-virus software be installed and continually updated. As a rule, the opening of any email from an unknown source as well as any unexpected attachment to an email message should be avoided.

AVAILABILITY OF THE SWISSDIREKT WEBSITE

SwissDirekt may suspend the operation of the SwissDirekt website at any time for maintenance or repair work or to update or improve the website’s content or functionality. SwissDirekt does not warrant that access to or use of the website or of any sites or pages linked to it will be uninterrupted or error free.

CHANGES TO THE FORMAT AND CONTENT OF THE SWISSDIREKT WEBSITE

SwissDirekt may change the format and content of the SwissDirekt website at its sole discretion. You should refresh your browser each time you visit the SwissDirekt website to ensure that you access the most up-to-date version of the website.

ENTIRE UNDERSTANDING

This document forms the entire understanding between you and SwissDirekt with respect to use of the SwissDirekt website and supersedes all previous agreements, understandings and representations relating to use thereof.

ASSIGNABILITY

You hereby agree that SwissDirekt may sub-contract the performance of any activity relating to the operation of the SwissDirekt website and may assign any of the provisions of this document to a third party at any time without the need to give you any notice.

SEVERABILITY CLAUSE

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be part of this disclaimer but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.

CONFLICT WITH ADDITIONAL TERMS

Certain web pages or areas on the SwissDirekt Website may contain additional terms, conditions, disclosures and disclaimers (together "Additional Terms"). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.

PLACE OF JURISDICTION ANS APPLICABLE LAW

These Terms of Use are governed by and construed in accordance with the laws of the Switzerland. You hereby consent to the exclusive jurisdiction of the Swiss courts at the principal place of business of SwissDirekt AG.