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TERMS OF USE
1. AGREEMENT
By using the website www.bluecap.ch and any of its pages (hereafter the “Site”), you confirm that you have reviewed, understand and agree to the following important legal information and terms of use (the “Terms”). If you do not agree to the Terms, please exit the Site immediately.
The Terms are subject to change at any time without notice and access to, and use of the Site may be restricted or terminated at any time. You are therefore advised to review these terms each time you access this website.
Access to and use of the Site as well as the Terms are governed by Swiss law. The place of jurisdiction is Geneva.
Further access to the website might also be subject to the laws applicable in the relevant jurisdiction from which the same is being accessed.
2. NO OFFER, NO ADVICE
The information, products, data, services, tools and documents contained or described on this site (the “Content”) are for information purposes only and constitute neither an advertisement or recommendation nor an offer or solicitation to buy or sell investment instruments, to effect any transaction or to enter into any legal relations.
The financial products mentioned on this site are not suitable for all investors. Prior to making investment decisions investors should conduct a thorough investigation and obtain all necessary professional advice for all issues, including your eligibility to make such investment in terms of the applicable law.
Nothing on this site constitutes investment, legal, accounting or tax advice, or a representation that any investment or strategy is suitable or appropriate for individual circumstances, or otherwise constitutes a personal recommendation for any specific investor. Bluecap recommends that investors independently assess, with a professional advisor, the specific financial risks as well as legal, regulatory, credit, tax and accounting consequences.
3. LOCAL LEGAL RESTRICTIONS
The Content is not intended for use by or distribution to any individual or legal entity in any jurisdiction or country where such distribution, publication or use would be contrary to the law or regulatory provisions or in which entities of Bluecap do not hold the necessary registration or license. Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use the site.
Some services and products of Bluecap may not be registered or licensed under legal and regulatory provisions governing financial services or products.
4. NO WARRANTY
Bluecap provides no warranty and makes no representations of any kind whatsoever regarding: (1) the currency, accuracy or completeness of the content; (2) the results to be obtained by any user of the Site; or (3) any third party content accessible on or through the Site.
Except to the extent required by current laws and/or regulations, Bluecap, including its directors, agents, employees or subcontractors: (1) disclaims any and all express or implied warranties and conditions including without limitation warranties and conditions as to quality and fitness for a particular purpose; and (2) does not warrant that the Site, any content (including any third party content), goods and services referred to therein will be uninterrupted or error free, that defects will be corrected or that the Site, the servers from which it is available or any connected website is free of viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components. In order to safeguard against viruses, it is advisable to use up-to-date versions of browsers and to install and continuously update antivirus software. Users should strictly avoid opening e-mails of unknown origin or unexpected e-mail attachments.
Any data, including but not limited to financial market data, quotes, notices, research or other financial information accessible through this Site, have been obtained from carefully selected sources believed to be reliable. All such information is provided “as is” to the user without express or implied warranties of any kind, including warranties of quality, originality, non-infringement of intellectual property or fitness for any particular purpose.
The information and opinions in the Site are descriptive of Bluecap as a whole and the products and services described may not be available to or suitable for all investors.
Any expressions of opinion, estimates and projections on the Site are those of the authors at the date of writing. They do not necessarily reflect the view of Bluecap and are subject to change at any time without prior warning. Bluecap and its contractual partners may discontinue, or make changes in, the information, data and documents, and the products or services described herein, at any time without prior notice. Any information marked with a date is published as of this date only and no obligation or responsibility is undertaken to update or amend any such information.
5. NO LIABILITY
To the maximum extent permitted by current laws and/or regulations, Bluecap, including its directors, agents, employees, sub-contractors and its sales partners disclaim any and all liability for losses or damages (direct or indirect) of any kind whatsoever arising directly or indirectly as a result of (1) the Content, accuracy, completeness or otherwise of the Content or any links or third party Content; (2) any errors in or omissions from the Site; (3) use of or access to the Site; (4) any inability to access or use the Site for any reason.
To the full extent permitted by current laws and/or regulations, Bluecap shall not be liable for any (1) loss of profits or revenue or savings or other economic loss, (2) loss of business or goodwill, (3) loss of or damage to data, (4) incidental or special loss, (5) wasted or lost management time, or (6) indirect or consequential loss arising from use of or access to the Site, even if advised of the possibility of any such loss or damage or if such loss or damage was foreseeable.
6. THIRD-PARTY CONTENT
Statements on this Site may contain information obtained from third parties, including ratings from rating agencies such as Standard & Poor’s, Moody’s, Fitch and other similar rating agencies. Reproduction and distribution of third-party content in any form is prohibited except with the prior written permission of the related third-party. Third-party content providers do not guarantee the accuracy, completeness, timeliness or availability of any information, including ratings, and are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such content. Third-party content providers give no express or implied warranties, including, but not limited to, any warranties of merchantability or fitness for a particular purpose or use. Third-party content providers shall not be liable for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or profits and opportunity costs) in connection with any use of their Content, including ratings. Credit ratings are statements of opinions and are not statements of fact or recommendations to purchase, hold or sell securities. They do not address the market value of securities or the suitability of securities for investment purposes, and should not be relied on as investment advice.
7. MATERIAL INTERESTS
Some of the entities of the Bluecap or its clients may hold a position in the financial instruments of any issuer discussed herein, or act as advisor to any such issuer.
8. PERFORMANCE
The past is not an indication of the future performance of an investment. The value of investments may be subject to fluctuations and investors may not get back the amount invested. Changes in rates of foreign exchange may also cause the value of investments to go up or down.
9. MONITORING
Please note that all your actions while using this Site may be recorded and analyzed for various purposes, including security, marketing and system monitoring purposes.
10. LINKS TO THIRD-PARTY WEBSITES
Using links to third-party websites provided on this Site is at your sole discretion and at your own risk. Please note that third-party websites are not subject to Bluecap data protection policy and Bluecap is not responsible for the policies they apply with regard to collection and treatment of your personal data. We recommend that you carefully read the terms of use and data protection policies governing the third-party website before using it in order to check how it protects your personal data and privacy.
Certain products and services of the Bluecap are not accessible to residents and/or nationals of certain countries. Website users are therefore asked to consult the Terms of use applicable to this website and to contact Bluecap („Locations”) for information on products and services available in their country.
