WEBSITE – TERMS & CONDITIONS OF USE

WEBSITE – TERMS & CONDITIONS OF USE

The website www.marcuardfamilyoffice.com (“Website”) is provided by Marcuard Family Office Ltd. (“MFO”), a Swiss based investment adviser. MFO is a member of AOOS (Swiss Limited Corporation for Supervision, Clausiusstrasse 50, CH-8006 Zurich) and is currently in the process of obtaining a license as a portfolio manager in accordance with the Swiss Financial Institutions Act (FinIA) from the Swiss Financial Market Supervisory Authority (FINMA).  The provision of some financial services, i.e. Investment Advice and Asset Management, by MFO is subject to the Swiss Financial Services Act (FinSA).

1.       CONSENT

Please read the following terms and conditions of use (“Terms”) carefully before using the Website  . By accessing the Website, you agree that you understand and fully accept these Terms. If you do not understand or do not accept any provisions of the Terms, please leave the Website. Viewing this Website does not create an engagement or client relationship with MFO.

MFO reserves the right to change, modify, add or remove parts of these Terms from time to time at its own discretion. Therefore, please read these Terms whenever you access the Website and check whether you agree with the new Terms. You acknowledge that by accessing the Website after we have posted changes to these Terms, you are agreeing to these Terms as modified. If you do not understand or do not accept any provisions of the present Terms, please leave the Website.

2.      ACCESS RESTRICTIONS

This Website is not directed at and must not be accessed by any person who (by reason of that person’s nationality, residence or otherwise) is subject to any jurisdiction prohibiting publication of the contents of the Website or access to the Website (for whatever reasons). Persons to whom such restrictions apply are not allowed access to the Website.

3.      US-RESIDENT CLIENTS

Please note that MFO is registered as a foreign investment advisor with the US Securities and Exchange Commission under the US Investment Advisers Act of 1940. Please note that the applicable US laws only protect US-resident clients. US-resident clients are only offered the services as outlined on the dedicated   on this Website.

4.      LIMITED SCOPE OF THE WEBSITE

As further specified in clauses 5.-9., this website is of an educational and general nature only. It is not intended and shall not serve as investment or other advice, is not a substitute for working with an investment adviser or a specialist in another relevant field and does not create a client relationship with MFO and MFO accordingly assumes no responsibility with regards to its contents.

5.      NO OFFER

The information and opinions published on this website are merely for information purposes.

Nothing on this Website constitutes an advertisement or an offer to provide or sell or a solicitation of an offer to receive or buy any security or any investment or family office product or service. All products and services of MFO are subject to the qualifications necessary to become a client of MFO and a formal written offer by MFO and the terms and conditions of the applicable agreements.  Furthermore, MFO only serves qualified investors as defined by the Swiss Collective Investment Schemes Act and professional clients as defined by the Swiss Financial Services Act and thus access is limited to such investors.

MFO is not soliciting business in international jurisdictions where it is not licensed or registered. None of the services or any financial instruments referred to on the Website are available to persons resident in any country, state or jurisdiction where it is not licensed or registered and where it would be contradictory to local laws and/or regulations to publicly offer such products.

6.      NO ADVICE

The information and opinions published on the Website are not to be construed as investment advice or any other kind of advice on legal, tax, financial or other issues. They are not suitable to be used as a basis for decision-making. Please note that MFO is not a law firm or accounting firm and does not provide legal or accounting advice for US-resident clients. Please consult a specialized expert before making any decision to take concrete action.

7.      NO REPRESENTATION OR WARRANTY

MFO provides no representation or warranty (neither express nor implicit) that the information and opinions published on the Website are correct, accurate, reliable, complete, true and up-to-date. MFO does not represent or warrant that the Website will be uninterrupted, that any defects will be corrected, that the site is free of viruses or other harmful components.

In particular, MFO is in no way obligated to update outdated information or opinions, remove them from the Website or mark them correspondingly. The information and opinions contained on the MFO-Website are subject to change at any time without notice. Likewise, MFO assumes no responsibility and gives no warranty that (i) the Website will perform without error or interruption, and (ii) that the MFO-Website and all other components used in accessing the Website contain no harmful elements (particularly viruses).

We wish to point out that past performance of an investment instrument is not necessarily indicative of its performance in the future. Investing is inherently risky and could include the complete loss of principal invested. Moreover, investments in foreign currencies are subject to exchange rate fluctuations. Also, distributions in connection with an investment instrument may vary. MFO does not offer any guarantees of success and does not provide any warranty for (i) the increase in or maintenance of the value of investment instruments and (ii) the amount of future distributions. The contents from the Website should not be seen nor do they in any way represent a recommendation to purchase and/or to sell.

8.      NO ORDERS

The entry fields on the Website must not be used for placing orders (e.g. orders for the purchase/sale of investment instruments) with MFO. Any orders placed that way will not be executed by MFO. A corresponding notice to the sender is not required. As a general rule we do not execute purchase/sale orders received from US resident clients.

9.      INVESTMENT FUNDS & INVESTMENT BANKING PRODUCTS

The Website contains information on investment funds and macro-economic outlooks. MFO provides no warranty (neither express nor implicit) that the information and opinion published on the Website are correct, accurate, complete true and up to date.

10.  INTELLECTUAL PROPERTY

All elements contained on the Website are protected by intangible property rights and are owned by MFO or third parties. The downloading or printing of elements of the Website does not involve the transfer of any rights whatsoever, particularly no rights relating to software, trademarks or elements of the Website. Notices relating to copyrights and brands must neither be changed nor removed. The reproduction of elements of the Website in whole or in part, in whatever form (particularly in electronic or printed form), is only allowed with full acknowledgment of source. The publication of reproduced elements of the Website is only allowed with the prior written consent of MFO and with full acknowledgment of source.

11.   PROHIBITED USES OF THE WEBSITE

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms & Conditions at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  1. Impersonating or attempting to impersonate MFO or its employees or representatives;
  2. Misrepresenting your identity or affiliation with any person or entity;
  3. Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
  4. Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
  5. Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
  6. Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
  7. Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
  8. Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
  9. Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  10. Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
  11. Otherwise attempting to interfere with the proper working of the Website;
  12. Using the Website in any way that violates any applicable laws, rules or regulations.

12.  LINKS TO OTHER WEBSITES

The Website may contain links to websites which are not reviewed by MFO. MFO has not investigated such websites and is not responsible for their contents nor does it endorse and of the contents on such websites. The use of such links is for your convenience only and you access them at your own risk.

13.  APPLICABLE LAW & PLACE OF JURISDICTION

The use of the Website as well as these Terms is subject to the laws of Switzerland. The exclusive place of jurisdiction is Zurich, Switzerland.