WEBSITE – TERMS & CONDITIONS OF USE
The website www.marcuardfamilyoffice.com (“Website”) is provided by Marcuard Family Office Ltd. (“MFO”), a Swiss based investment adviser and member of the Swiss Association of Asset Managers (SAAM).
Please read the following terms and conditions of use (“Terms”) carefully before using the Website www.marcuardfamilyoffice.com. 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. LIMITED ACCESS
This Website 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 Website.
4. NO OFFER
The information and opinions published on the Website do not constitute an advertisement or a recommendation, solicitation, offer or invitation to submit an offer to (i) purchase or sell any investment instruments, (ii) perform any other transactions, or (iii) conclude any other legal transactions. They are merely for information purposes.
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.
6. 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.
7. NO LIABILITY
Liability of MFO, its employees, directors, officers and shareholders for damage of any kind (including consequential damage) directly or indirectly resulting from access to the Website shall be excluded. MFO shall have no liability for any losses or damage arising from the use of or reliance on the information contained on the Website, including, without limitation, any loss ofprofit or any other direct or indirect damage.
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. POTENTIAL CONFLICTS OF INTEREST
It is possible that MFO itself or its directors or employees invested, are investing or will invest in investment instruments with respect to which the Website contains information or opinions. Moreover, it is possible that MFO provided, is providing or will provide services to the issuers of such investment instruments. Furthermore, it cannot be excluded that employees or directors of MFO engaged, are engaging or will engage in activities for the issuers of such investment instruments, e.g. as directors. MFO itself or its directors or employees could therefore have an interest in the future performance of investment instruments.
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. The use of such links is for your convenience only and you access them at your own risk.
13. CLIENT LOGIN
The Website provides a Link for MFO Clients to enter their secure Client Portal. By entering the Client Portal the Client agrees to abide by these Terms. The Client agrees that the login information provided by MFO is only for personal use and not for the use of anyone else. If the Client believes that another party has gained access to the login information, the Client is obliged to inform MFO immediately. MFO is not liable for any use that the Client may make of the Client Portal, the downloading of documents or any other use in connection with the information contained thereat. Especially, MFO does not guarantee the accuracy of graphics or other illustrations used on the Client Portal and wishes to stress that past performance is no guarantee of future results. Also MFO does not guarantee the completeness of any information contained in the Client Portal. MFO uses industry standard security protection to protect against unauthorized access and may change or enhance the security protection anytime without notice.
14. 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.