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PLEASE NOTE: By accessing this website and the information provided on it, you confirm your agreement to this Disclaimer and to these General Terms and Conditions of Use.
DISCLAIMER AND GENERAL TERMS AND CONDITIONS OF USE
The ACOLIN-CONNECT website ("the website") is an information platform designed to provide investors with up-to-date investment information and documents relating to collective investment schemes. The website application is the exclusive intellectual property of ACOLIN Fund Services AG (“ACOLIN”), a Swiss stock corporation having its registered office at Affolternstrasse 56, CH-8050 Zurich, Switzerland and duly licensed by the Swiss Financial Supervisory Authority FINMA as a representative of foreign collective investment schemes.
2. Website content
The content of the website consists of information and documents relating to numerous collective investment schemes. A distinction is made between collective investment schemes,
- which may only be sold under Private Placement (non-sales),
- which may also be sold to qualified investors; and
- which may also be sold to non-qualified investors.
In all collective investment schemes, the promoters of collective investment schemes and other third parties (“information providers”), in addition to ACOLIN, have the opportunity to to publish or have published information and documents on ACOLIN-Connect. ACOLIN does not assume any responsibility for information and documents that it has not published on the website or on other websites to which ACOLIN-Connect links and for information and documents relating to collective investment schemes, for which ACOLIN does not act as a representative.
3. Your access to ACOLIN Connect
Please be aware that you are solely responsible for the information you enter in order to gain access to ACOLIN Connect. ACOLIN has taken the utmost care to ensure that users only access information and documents they are authorised to access under the applicable laws. ACOLIN cannot verify the information you submit in order to gain access to the website.
When accessing the website for the first time you will be asked to select your country of domicile and your legal status. You must not provide false information about your country of domicile or your status. If you do make false statements and in so doing are able to access information and documents to which you have no right of access under current laws and regulations, you will be solely responsible for such action and ACOLIN in particular shall not be liable for any damages, costs etc. incurred of any kind. If your country of domicile or legal status changes, you are advised to select the correct country and legal status.
4. Accuracy and currency of information
The website provides access to information and documents available for personal use and information purposes only. ACOLIN neither represents nor warrants (to you or to any third parties), explicitly or implicitly, the accuracy, reliability or completeness of the information provided. ACOLIN is not obliged to remove any outdated information from the website or to expressly mark it as being outdated.
5. Updates to Disclaimer and General Terms and Conditions of Use
This Disclaimer and General Terms and Conditions of Use may be updated at any time. ACOLIN therefore advises you to read through this Disclaimer and these General Terms and Conditions of Use regularly to ensure that you are informed of any potential changes. The date on which this Disclaimer and these General Terms and Conditions of Use was last updated is stated below.
6. Use of the website
In accordance with this Disclaimer and the General Terms and Conditions, you may not:
a) Copy (whether copying onto other websites, by printing on paper, storing on a hard disk drive or in any other way) parts or all of the website to make it available to third parties;
b) Remove, change or obscure in any way anything on the website or otherwise use any material contained on the website except as set out in the Disclaimer and in the General Terms and Conditions of Use;
c) Use the website for unlawful purposes or fail to comply with any applicable laws, statutes or regulations that apply to your access or use of the website or any information derived from it.
You may save or print out a hard copy of individual pages and/or sections of the website or documents provided on the website for your own personal use, provided that you do not remove any copyright or other proprietary notices.
7. No offer/inducement
Nothing contained on the website constitutes an offer, a request or a recommendation to buy or sell any investment instruments or to conclude any other transactions or carry out any legal act whatsoever.
8. No support for making decisions regarding commercial, legal, tax or other advice
Information provided on the website does not constitute support for making decisions regarding commercial, legal, tax or other advice, nor should any investment or any other decisions be made solely based on the website content. Investments in any of the investment instruments described on the website should only be made after carefully studying the corresponding fund prospectus, fund contracts, etc. and the annual or half-yearly report including all the basic legal information therein. You should always obtain advice from a qualified expert before making any investment decision.
9. Information not tailored to your individual situation
Information contained on the website is not tailored to your individual situation and, as a result, such information may be unsuitable for you and your individual investment decisions. You should always obtain advice from a financial adviser before making any investment decision.
10. Past performance is not a reliable indicator of future performance
The future performance of an investment cannot be deduced from previous market value, i.e. the value of an investment may fall as well as rise at any time. Therefore, good performance in the past is not a reliable indicator of good performance in the future. Investments in foreign currencies may also lose value as a result of fluctuations in currency exchange rates and are therefore subject to additional risks. Therefore, ACOLIN cannot and does not warrant or represent that any capital invested will maintain its value or increase in value.
ACOLIN strives to ensure that the information and documents on the website are correct, but is not able to guarantee that they are otherwise accurate, complete, up to date or appropriate. ACOLIN is not liable or otherwise responsible for any errors or omissions and for the consequences of using the information and documents or the website.
The responsibility for matching the information and documents prepared by information providers on the website to the applicable supervisory regulations lies solely with these information providers. ACOLIN does not assume any responsibility for the accuracy, completeness, currency or legality of the contents that have been provided by the information providers for the website and accepts no liability for losses, damages, costs or expenses of any kind – whether for direct, indirect or consequential damages – which might be the result of using the fund information and documents or of accessing the website. Please address any concerns or complaints directly to the information providers referred to in the relevant document.
12. Copyright and intellectual property
The entire content of the website is subject to copyright with all rights reserved by ACOLIN or by the information providers of the corresponding information and documents. Please be aware that the information provider has the right to prohibit you from printing out individual pages and/or sections of the website. Nothing on the website shall be construed as granting any licence or right to use any image, registered trademark, logo or software. Downloading or copying the website or parts thereof shall not transfer any title to you.
13. No links to the website
You may not link to the website without the prior written permission of ACOLIN.
14. Links to other websites
Some links on this website lead to third-party websites. These third-party websites are completely beyond the control of ACOLIN. Accordingly, ACOLIN does not assume any responsibility for the accuracy, completeness or legality of the contents of such websites, or for any offers and services contained on such websites.
15. Legality of publication of the information on the website
The website contains information and documents in accordance with paragraph 2 and is not directed to any person in any jurisdiction where (by reason of that person's nationality, tax residence or otherwise) the publication or access to the website is prohibited. Persons in respect of whom such prohibitions apply must not access the website. For this reason, it is crucial that you enter your country of domicile and your legal status correctly. In respect of information and documents uploaded directly to the website by the information providers, ACOLIN will rely on information provided by the information providers to ensure that they have the appropriate distribution licences and authorisations to allow for the distribution of investment instruments and publication of the related information and documents (cf. paragraph 11).
16. US persons
The information on this website is not intended for recipients in the United States of America. US persons (as defined in “Regulation S” of the US Securities Act of 1933) and persons who are residents of the United States of America may not use this website. Information on this website may not be forwarded to the USA. Nothing on this website shall constitute an offer or solicitation to buy any securities in the USA.
17. Limitation of liability arising from the use of fund documents or the website
Fund information and documents are published on the website both by ACOLIN and by the various information providers themselves. ACOLIN accepts no liability for losses, damages, costs or expenses of any kind – whether for direct, indirect or consequential damages – which might be the result of using the fund information and documents or of accessing the website.
ACOLIN disclaims all liability for any tampering with the Internet user's computer system by unauthorised parties. In this regard, ACOLIN expressly draws attention to the risk of viruses and the possibility of targeted attacks by hackers. In order to combat viruses, trojans, worms and other malware, it is recommended that the most recent browser versions be used and that anti-virus software be installed and continually updated.
19. Material interests
ACOLIN and/or its boards of directors, executive management and employees may have or have had shares in the investment funds listed on the website or have or have had positions in the securities held by them. Furthermore, such legal entities or natural persons may have or have had a relationship with, or may provide or have provided other services to, or serve or have served on the executive bodies of relevant information providers or companies.
20. Availability of the website
ACOLIN may suspend the operation of the website at any time without prior notice. ACOLIN 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.
21. Changes to the website’s form and content
ACOLIN may change the format of the website at its sole discretion at any time and without prior notice. The same applies to the content provided by the information providers. You should refresh your browser each time you visit the website to ensure that you access the latest version of the website and any information appearing on it.
22. Entire agreement
This Disclaimer and the General Terms and Conditions of Use constitute the entire agreement between the user and ACOLIN with respect to the subject matter thereof and supersede all previous agreements, understandings and representations relating to that subject matter.
You agree herewith that ACOLIN may sub-contract the performance of any of its obligations or may assign this Disclaimer and the General Terms and Conditions or any of the rights or obligations contained therein without your consent or the need to give you prior notice.
24. Governing law
This Disclaimer and the General Terms and Conditions of Use shall be governed and interpreted in accordance with the law of the Swiss Federation. The user recognises the exclusive jurisdiction of the ordinary courts in Zurich.
25. Severability clause
If any provision of this Disclaimer and of the General Terms and Conditions of Use is found to be unenforceable, the validity of any other provision shall not be affected.
This Disclaimer and the General Terms and Conditions of Use were last updated on 24 October 2014.