TERMS AND CONDITIONS - IMPORTANT LEGAL INFORMATION

1.        Preamble

2.        Local restrictions – provision of cross-border services

3.        Website Ownership

4.        Copyright and Trademarks

5.        No Offer or Advice

6.        Exclusion of Liability

7.        Disclaimer of Warranty

8.        Links

9.        Material Interests

10.      Confidentiality and Encryption

11.      Confidentiality in Respect of User IDs and Passwords

12.      Proper Use of the Website

13.      Registration and Use of Your Activities on the Website

14.      Definitions

15.      Place of Jurisdiction

16.      Partial Nullity and Choice of Law

17.      Terms and Conditions relating to Collective Investment Schemes

18.      Terms and Conditions relating to Collective Investment Schemes Not Authorised in Switzerland

 

1. Preamble

 

REYL offers on its website (hereinafter “the website”) information as well as various banking and financial services. The accessing and use of the website are governed by the Important Legal Information (hereinafter “the Terms and Conditions”) set out herein. These Terms and Conditions shall be supplemented by any and all special agreements applying in connection with a service or product offered by REYL where you or your representative (hereinafter “you”) act in a capacity as contracting party. Nevertheless, in the event of any conflict, the provisions contained in any such special agreement shall prevail.

 

By accessing and using the website, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions. Furthermore, you accept that REYL may, at any time and without any prior notice requirement, alter the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access or use the website in any way whatsoever.

 

2. Local restrictions – provision of cross-border services

 

The products and services presented on this website are authorized for sale in Switzerland. They are not intended for any person/s who, based on their nationality, place of business, domicile or for any other reasons, is/are subject to legal provisions which prohibit foreign financial services providers from engaging in business activities in these jurisdictions, or which prohibit or restrict legal entities or natural persons from accessing websites of foreign financial services providers.

 

Where REYL is not authorized by the supervisory authority of a certain country, REYL can as a general rule not promote financial and banking services in that country. This website may however contain information, in particular about financial services and products offered by REYL, that may be considered by the supervisory authorities as a public offer of financial products or a canvassing targeting persons domiciled in the concerned countries.

 

3. Website Ownership

The website is the exclusive property of REYL. REYL’s proprietary rights shall not be altered in any way by any reproduction or use of the website.

 

4. Copyright and Trademarks

 

The content and layout of the website are protected by copyright (all rights reserved) and other intellectual property rights, held by REYL.

 

Information provided on the website may only be downloaded, printed or otherwise reproduced - for personal, non-commercial purposes - provided that the copyright notes and other statutory proprietary designations are retained. You do not acquire rights by reproducing or copying in any way information available on the website; all rights are retained by REYL. You are strictly prohibited from using anywhere other than on the website and from copying in any way whatsoever software or any other tools available on the website.

 

It is forbidden under any circumstances to set up links, e.g. in the form of hyperlinks or inline links, to this website, to frame it, or to access it through inline links or through a frame, without REYL's prior written approval.

 

It is forbidden to reproduce in whole or in part, transmit by electronic or any other means, modify or use copyright elements of this website for public or commercial purposes without REYL's prior written approval.

 

® REYL and its logo in particular are trademarks of REYL. Other verbal and/or graphic elements featuring on the website and used to identify the origin of a product or service may be the trademarks of their respective owners, for example the trademark of one of REYL’s commercial partners. These trademarks may not be reproduced or used without the prior permission of their owners.

 

 

5. No Offer or Advice

 

All the information provided, in particular the opinions and analyses published on the website, is provided for information purposes only and SHOULD IN NO EVENT BE CONSTRUED AS AN OFFER, A PIECE OF ADVICE OR A RECOMMENDATION to buy or sell a particular security or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.

 

All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation of the information available, in particular the opinions and analyses published on the website. You are solely responsible for such decisions.

 

Investments in securities featuring on the website are subject to certain risks. The price of securities may go down as well as up. Fluctuations in foreign exchange rates can also alter the value of securities. The future performance of a security cannot be guaranteed by past performance. It is therefore possible that you do not get back the amount you invest. WE STRONGLY RECOMMEND THAT YOU SEEK PROFESSIONAL ADVICE BEFORE TAKING INVESTMENT DECISIONS.

 

6. Exclusion of Liability

 

Neither REYL, its directors, officers, employees, agents or shareholders, nor third party information providers, their directors, officers, employees, agents or shareholders will assume ANY LIABILITY FOR ANY LOSS OR DAMAGES WHATSOEVER, be they direct or indirect, incurred as a result of accessing the website or using the information and services available on the website, or as a result of the inability to access or use any information or services available on the website.

 

In particular, it is expressly stated that IN NO EVENT WILL REYL, its directors, officers, employees, agents or shareholders BE LIABLE FOR ANY LOSS OR DAMAGES incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorized access (as a result of hacking or piracy activities, for example), the wilful blocking of telecommunications tools or networks (as a result of mail-bombing, denial of services attacks, for example) or any other failure or inadequacy on the part of telecommunication or network service providers.

 

7. Disclaimer of Warranty

 

REYL pays particular attention to the preparation and update status of the data provided. Nevertheless, it does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the information published on the website, transmitted to you or obtained via selection or decision-making tools. In addition, real time information is obtained from what is believed to be a reliable source, but cannot be guaranteed. 

 

Furthermore, information may be changed at any time without any prior notice being required.

 

8. Links

 

The activation of certain links on the website may cause you to leave the REYL website. REYL does not review any of these linked websites and does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these sites, nor shall it be in any way responsible for the products, services, information and other content offered via these linked sites. The same applies to websites offering links to REYL’s website.

 

Furthermore, prior written approval must always be obtained before a link from an external site to REYL’s website can be created.

 

9. Material Interests

 

REYL, its directors, officers, employees, agents or shareholders may have or have had business relationships or other forms of dealings with companies whose securities feature on the website. Furthermore, REYL, its directors, officers, employees, agents or shareholders may hold or have held securities which feature on the website.

 

10. Confidentiality and Encryption

 

Your attention is drawn to the fact that the data exchanged between yourself and REYL is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Switzerland’s borders, even if both yourself and REYL are located in Switzerland. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted.

 

Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption logarithms. In no event shall REYL be responsible for any violations of measures governing the importing, exporting or use of encryption logarithms. You alone shall be responsible in the event of any such violation.

 

Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail, is in principle not encrypted and may be intercepted.

 

11. Confidentiality in Respect of User IDs and Passwords

 

You are obliged to keep user IDs, passwords and other means of identification secret. To this end, you must not store your user IDs, passwords or other means of identification in your browser and you must delete all temporary files stored in your cache memory as well as your surfing history. You are solely responsible should such means of identification be communicated to, discovered or misused by a third party, and for any and all losses and damages resulting there from.

 

You have taken note of the fact that you are required to disconnect from the identification services proposed by REYL before leaving your Internet station. To do this, you must close all your browser windows showing the site.

 

12. Proper Use of the Website

 

You undertake to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to REYL or to the users of its website.

 

13. Registration and Use of Your Activities on the Website

 

Please note that REYL may record and analyze all your activities on the website for the purposes of security, system monitoring, management, marketing and compliance with legal and regulatory obligations incumbent on REYL.

 

REYL undertakes to store such information using adequate security measures and for a limited period of time.

 

14. Definitions

 

The following definitions have been used for the purposes of the Terms and Conditions specified herein:

“REYL”: the companies Reyl & Cie Holding SA or/and its affiliates, e.g. REYL & Cie Ltd;

“website”: all web pages designed and managed by REYL, as well as any and all information, services, products, software, tools, functions and links available thereon;

“information”: including, but not limited to, all data, prices, opinions, calculation results, technical analyses, articles, charts and other elements available on the website;

“security”: including, but not limited to, cash, stocks, bonds, investment fund units, financial instruments and goods or commodities of any sort, as well as all forms of contracts and options associated therewith;

“U.S. Person”: any person within the meaning of Regulation S of the Securities Act of 1933 in its valid version. U.S. Persons are in particular natural persons resident in the United States. The term also includes legal persons or partnerships established under US law or the US subsidiaries of foreign companies. It is your responsibility to clarify whether you qualify as a U.S. person within the meaning of the above provisions.

 

15. Place of Jurisdiction

 

The sole place of jurisdiction for all disputes arising out of or in connection with the Terms and Conditions stipulated herein and/or the use of the website is Geneva, Switzerland. REYL nevertheless reserves the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.

 

16. Partial Nullity and Choice of Law

 

In the event of one of the Terms and Conditions being void, cancelled or rendered otherwise invalid, the validity of the remaining Terms and Conditions shall not be affected or impaired. In all other instances, the Terms and Conditions as well as the use of the website are exclusively governed by and construed in accordance with Swiss law.

 

17. Terms and Conditions relating to Collective Investment Schemes

 

REYL offers on its website information relating specifically to collective investment schemes (hereinafter also called “funds”) together with the opportunity to transfer investment fund transactions. Access to and use of this information is governed by the following terms and conditions (hereinafter also called the “Terms and Conditions”).

 

 

You acknowledge that you are aware of the fact that the distribution to the public of investment funds presented on website is authorised only in Switzerland. Consequently, in respect of any person or entity subject to any other jurisdiction than that of Switzerland the investment funds information do not constitute either an offer to sell or a solicitation to buy investment fund units.

 

In other words, the investment funds information is addressed solely to persons resident and businesses domiciled in Switzerland. 

 

Furthermore, the investment funds information is not addressed to U.S. Persons. If you are a U.S. Person, you are not authorised to access this information.

 

Furthermore, YOU UNDERTAKE TO READ CAREFULLY THE LATEST PROSPECTUSES, SIMPLIFIED PROSPECTUSES (KIIDs) IN PARTICULAR THE TERMS AND CONDITIONS THEY CONTAIN, THE REGULATIONS AND THE ANNUAL AND INTERIM REPORTS relating to the investment funds you wish to invest in. In this connection, you can order the latest prospectuses, the regulations and the annual and interim report from REYL or from the management companies of the investment funds or their representatives in Switzerland, or find them on their respective websites.

 

 

You are aware that REYL receives certain payments from investment fund managers in connection with its distribution activity. These payments are deemed to be financial compensation for services that REYL provides to third parties, to which you have no claim. You accept that these payments belong to REYL and you can therefore make no claim for their return. The range of value of the third party payments collected by REYL shall be outlined e.g. in the brochure about fees and costs transactions.

 

18. Terms and Conditions relating to Collective Investment Schemes Not Authorised in Switzerland

 

The viewing of pages containing information on collective capital investments (hereinafter “funds”) not authorised in Switzerland is subject to the present provision.

 

These funds can only be distributed in Switzerland to qualified investors in accordance with the Swiss federal law on collective capital investments (hereinafter "KAG"). Under no circumstances does the information on funds not authorised in Switzerland shown on REYL's website constitute an offer to non-qualified investors as defined by KAG whose domicile or head office is in Switzerland.

 

Qualified investors are deemed to be supervised financial intermediaries such as banks, securities dealers, fund managers and asset managers of collective capital investments, central banks, supervised insurance undertakings, public-law corporations, pension funds with professional treasuries, companies with a professional treasuries, and high net worth individuals. High net worth individuals are deemed to be natural person who (1) on the basis of their personal education and professional experience or comparable experience in the financial sector have the requisite knowledge to understand the risks inherent in investments and who have assets of at least CHF 500,000 at their disposal, or (2) have assets of at least CHF 5 million at their disposal.

 

The information published on the pages on funds not authorised in Switzerland is exclusively intended for qualified investors as defined by KAG. For your information, it is specifically stated that the pages on funds not authorised in Switzerland are not intended for “U.S. persons”. If you are a “U.S. person”, you are not authorised to consult the pages on funds not authorised in Switzerland.

 

All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals, and on your own personal interpretation of the information published on the website. You bear sole responsibility for such decisions.

 

Furthermore, YOU UNDERTAKE TO READ CAREFULLY THE LATEST PROSPECTUSES AND SIMPLIFIED PROSPECTUSES (KIIDS) etc. IN PARTICULAR THE TERMS AND CONDITIONS THEY CONTAIN, THE REGULATIONS AND THE ANNUAL AND INTERIM REPORTS relating to the funds you wish to invest in. In this connection, the latest prospectuses, the regulations and the annual and interim reports mentioned above are generally available in electronic form on the website. If they are not, you can order these documents free of charge from REYL or from the management companies of the funds or their representatives in Switzerland, or find them on their respective websites.

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