Terms Of Use
Important Legal Information
If you choose the profile “institutional/qualified investor”, you confirm that you are a qualified investor in terms of article 10 paragraphs 3, 3bis, 3ter and 4 of the Swiss Collective Schemes Investment Act (CISA) and article 6 and 6a of Collective Investment Schemes Ordinancause and effect essay samples college paper writerce (CISO). You accept, that you may have lower protection provision in comparison to a private investor and that you will get access to specific fund information that might not be offered to private investors.
The investment funds presented hereafter are authorized for the distribution in Switzerland and may be subject to registration requirements in various other countries. They are not intended for persons for which the access to investment fund data would contravene the laws of their country due to their nationality or seat/domicile.
Disclaimer
1. Binding effect of the terms of use
By accessing the website (hereinafter referred to as „GFM-website“) of Gutzwiller Fonds Management AG (hereinafter referred to as „GFM“), you accept the legally binding effect of the following terms of use and legal notice (hereinafter referred to as the “terms of use”). If you do not consent to them or are subject to access restrictions, you should refrain from accessing the GFM-website.
GFM reserves the right to amend these terms of use from time to time. You should therefore check on a regular basis or each time you access the GFM-website whether they have changed and, if appropriate, whether you also consent to the new version. You will find the date on which they were revised at the beginning of these terms of use.
2. Access restrictions
When accessing the GFM-website, you must comply with the applicable legal provisions and observe any local restrictions. In particular, the information, data, texts, graphics, images, video clips and other publications (hereinafter referred to as “information”) on the GFM-website are not intended for persons from countries where access to and the dissemination of such information or websites would require prior registration, authorization or approval by GFM. Furthermore, the GFM website may not be accessed nor may information on the GFM website be retrieved by persons who, due to their place of residence, nationality or other reasons, are subject to a legal regime under which accessing such information or websites is unlawful. Persons to whom such restrictions apply may not access the GFM web pages. Please consult the relevant laws and restrictions in effect at your place of residence and applicable to you in advance.
3. Investor type
The user of the GFM-website must specify his investor profile any time accessing the website. Afterwards the information and documents on the website are adapted to his specific profile. A wrong selected investor profile could lead to a publication of Information and Documents, which shouldn’t be accessible for the chosen profile. The users are obliged to choose the right profile. For any damages, losses and troubles, which could be traced back to the wrong choose of the investor profile, the GFM is not liable.
4. Not a recommendation, not an offer
All information provided on the GFM website is for information purposes only. In particular, the information constitutes neither a recommendation, an offer or a solicitation to buy or sell securities, financial instruments or other investment products (hereinafter referred to as “investments”) or to effect or enter into transactions (hereinafter referred to as “transactions”) nor an advertisement for products or services. The information is not an aid to be used in making decisions about financial, legal, tax or other advisory matters; nor is it a suitable and sufficient basis on which to make decisions about investments or other transactions. Therefore, it does not replace the advice provided by a qualified professional.
5. No guarantee of the information’s topicality, accuracy or completeness
Market and investment reports and other publications on the GFM-website are based on sources of information that GFM considers to be reliable. Nevertheless, GFM cannot vouch for the content of the information; nor can the information be regarded as a full account or summary of the investments, transactions, markets or developments mentioned therein. The content may change at any time or be based on incorrect third-party information. Therefore, GFM does not guarantee or accept liability for the accuracy, completeness or topicality of the information.
6. Investment performance
The value of investments may rise or fall at any time. Positive performance in the past is therefore no guarantee of positive performance in the future. In addition, investments in foreign currencies are subject to currency fluctuations. There is a possibility that investors may not receive back any or all of the amount they invested. Furthermore, potential investors should find out about the possible tax consequences of purchasing, owning and selling investments at their place of residence and, if necessary, obtain advice at their place of residence.
7. Linked websites
GFM has no influence over the layout or content of the websites of other operators (hereinafter referred to as “third-party websites”), even if they are linked to the GFM-website or contain links to the GFM-website. Therefore, GFM cannot accept responsibility for the accuracy, completeness, topicality or legality of the content of third-party websites or for any information, offers or services contained on them. Responsibility and liability for linked third-party websites lie with the operators in question.
8. Amendments or additions to the information
GFM reserves the right to amend or add to the information provided or to remove some or all of the information at any time without prior notification. However, GFM is not obligated to delete out-of-date information or to expressly indicate it as such.
9. Rights of ownership
All rights and titles to the GFM-website and the information and programs contained on it (proprietary rights, copyrights, trademarks, logos, patents, further intellectual property rights and other rights) are owned by GFM or the holder of the right in question. Individual pages and/or sections of the GFM-website may only be stored or printed out for private and internal purposes and provided neither the copyright notices nor the other designations protected by law are removed. Even after information or programs have been stored, printed out or otherwise used, all rights remain with GFM or the holder of the right in question. The reproduction (in full or in part), in particular the use of texts, sections of text or image material, transfer (electronically or by other means), modification, linking or use of the GFM website for public or commercial purposes requires GFM’s prior written consent. The content and rights of third parties are marked as such. Their proprietary, patent, trademark, ownership or other protective rights must also be protected. The third parties’ consent or appropriate authorization is usually required in order to be able to use third-party content.
10. No liability (exclusion of liability)
GFM expressly disclaims all liability for direct or indirect losses (including lost profits), damage, liability claims, receivables, costs or consequential damage that result from the use of or access to the GFM-website or from links to third-party websites or that may occur due to information being retrieved on the GFM-website. This also applies to liability as a result of negligence, even if GFM was informed about the possibility of such consequences. GFM also disclaims all liability for any kind of manipulation of the user’s IT system. It specifically draws attention to the risks of viruses or other harmful programs and to the possibility of hacking attacks. It is highly recommended, therefore, that you use the latest browser versions and anti-virus software.
11. Severability clause
Should one or more provisions of these terms of use be invalid, unlawful or ineffective, the text as a whole shall remain binding.
12. Applicable law and jurisdiction
The user’s access to the GFM-website, the use of the GFM-website and these terms of use shall be subject to Switzerland law. Basel shall be the exclusive place of jurisdiction.