Terms & Conditions

DISCLAIMER

Ownership of the website

This website (hereafter referred to as “Finaport website”) belongs to Finaport AG (hereafter referred to as “Finaport”), a company based in Switzerland.

TERMS OF USE/DISCLAIMER

By accessing this website (“Finaport Website”) you agree to be legally bound by these terms of use/disclaimer (“Terms of Use”). Please also consult the applicable additional legal information for your relevant country.

ACCURACY AND UP-TO-DATEDNESS OF THE INFORMATION

The content of the Finaport website is provided for information purposes only. Although Finaport takes all reasonable care to ensure that the information on this website is correct at the time of publication, it makes no representation or warranty (including liability towards third parties), express or implied, regarding the accuracy, reliability or completeness of the information provided. The Terms & Conditions as well as the information provided on the Finaport website may be modified at any time without prior notice. The posting of any information on the website should not be understood to imply that there have been no changes since the information was filed with the relevant regulatory authority or since it was published or that the information is accurate at any time after publication. By accessing the Finaport website or using any information provided on this website (for personal use or for third parties), you signify your agreement to be bound by the Terms of Use below.

UPDATES TO THIS DISCLAIMER AND THESE TERMS OF USE

This text may be updated at any time. Therefore, Finaport advises you to download and read it again regularly to ensure that you are informed of any changes. The date on which this document was last updated is shown below.

USE OF THE FINAPORT WEBSITE

Subject to these Terms of Use, you may not:

systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the Finaport website; except where Finaport provides a download-link.
remove, change or obscure in any way any of the content of the Finaport website or otherwise use any material contained on the Finaport website except as set out in these Terms of Use;
use the Finaport website or any of the information contained thereon for unlawful purposes.
pass on or make available all or part of the Finaport website, data or documents from the Finaport website to third parties for your own commercial purposes, whether for free or in return for payment.

SERVICES AND PRODUCTS

Products and services displayed on the Finaport Website may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes for further information.

Any materials available on the FINAPORT Website have no regard to the specific investment objectives, financial situation or particular needs of any specific recipient. Any report available on the Finaport Website is published for information purposes and is not to be construed as a solicitation or an offer to buy or sell any securities or related financial instruments. Unless specifically stated otherwise, all price information is indicative only. No representation or warranty, either express or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to herein. The materials should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas or groups of Finaport as a result of using different assumptions and criteria. Finaport is not under any obligation to update or keep current the information contained herein.

NO INVESTMENT ADVICE OFFERED BY FINAPORT.COM

No information published on the Finaport website constitutes financial, legal, tax or other advice, nor should any investment or any other decision be made solely based on this information. Investments in any of the investment instruments described on the Finaport website should only be made after carefully studying the corresponding prospectus and fund contract as well as the annual or half-yearly report including all the legal information therein. You should obtain advice from a qualified expert before making any investment decision.

INFORMATION NOT TAILORED TO YOUR SITUATION

The information contained on the Finaport website is neither tailored to nor oriented towards your individual situation. Therefore, such information may be completely unsuitable for or inapplicable to your individual investment decisions. You should obtain personal advice from a qualified expert before making any investment decision.

NO OFFER

The information contained in the Finaport Website is just for informational purposes. No information published on the Finaport Website constitutes a solicitation, an offer, or a recommendation to buy or sell any investment instruments, to effect any transactions, or to conclude any legal act of any kind whatsoever.

Finaport does not intend to provide investment, legal or tax advice through the Finaport Website and does not represent that any securities or services discussed are suitable for any investor.

When making a decision about your investments, you should seek the advice of a professional financial advisor.

FORWARD-LOOKING STATEMENTS

The value of an investment may fall as well as rise at any time. The future performance of an investment cannot be deduced from previous market value. Therefore, good performance in the past does not guarantee good performance in the future. Investments in foreign currencies are additionally subject to exchange rate fluctuations and therefore carry a higher level of risk. Therefore, Finaport cannot guarantee that any capital invested will maintain its value or increase in value.

The Finaport Website may contain statements that constitute “forward looking statements”. While these forward looking statements may represent Finaport judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from FINAPORT expectations. FINAPORT is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.

COPYRIGHTS

The entire content of the Finaport website is subject to copyright with all rights reserved by Finaport. You may save or print out a hard copy of individual pages and/or sections of the Finaport website provided that you do not remove any copyright notices or any other legally protected proprietary notices.

NO WARRANTY

The information and materials contained on the Finaport Website are provided “as is” and “as available”. Finaport makes no representations or warranties of any kind, either express or implied, with respect to the information and functionality contained in the Finaport Website, including but not limited to warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Finaport does not warrant the accuracy, timeliness, completeness, reliability or availability of the Finaport Website or the information or results obtained from use of the Finaport Website, or that the Finaport Website is virus-free or error-free.

NO LIABILITY

To the fullest extent permitted by law, in no event shall FINAPORT or any of its directors, employees or agents have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of these web pages, even if Finaport has been advised of the possibility of the same.

NO LINKS TO THE FINAPORT WEBSITE

You may not link to the Finaport website.

The Finaport Website may contain third party content or links to third party websites. These content and links are provided solely for your convenience and information. Finaport has no control over, does not assume any responsibility for and does not make any warranties or representations as to, any third party content or websites, including but not limited to, the accuracy, subject matter, quality or timeliness. Finaport shall have no liability for third party content or websites or websites linking to or framing the Finaport Website.

TRADEMARKS

Nothing on this website shall be construed as granting any licence or right to use any image, registered trademark, logo or software. Downloading or copying of this website or of parts thereof shall not transfer any title to you. Finaport reserves all rights (in particular with respect to copyrights and trademark ownership) to all material on the Finaport website and will enforce their rights to the full extent of the law.

SOCIAL BOOKMARKS

The Finaport Website may contain Social Bookmarks which are identifiable by means of respective buttons. Social Bookmarks allow users of certain social media platforms to post links of selected Finaport web pages on their corresponding social media profile in order to bookmark them or share them with their social media contacts. If you use Social Bookmarks you will be sending identifying data to the respective social media platform. Any comments or activity arising from persons using Social Bookmarks is not controlled, endorsed or monitored by Finaport and Finaport shall not be responsible or liable for such. Persons who share Finaport communications via Social Bookmarks are not authorized to speak for or represent Finaport and their views and opinions must be regarded as strictly their own and not Finaport’s. In addition, the provisions in these Terms of Use relating to Links also apply to Social Bookmarks.

INTELLECTUAL PROPERTY RIGHTS

Finaport, or the applicable third party owner, retains all right, title and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on the Finaport Website. Individual pages and/or sections of the Finaport Website may be printed for personal or internal use only, and provided that such print outs retain all applicable copyright or other proprietary notices. All users must not, without limitation, modify, copy, transmit, distribute, display, perform, reproduce, publish, license, frame, create derivative works from, transfer or otherwise use in any other way for commercial or public purposes in whole or in part any information, text, graphics, images, video clips, directories, databases, listings or software obtained from the Finaport Website without the prior written permission of Finaport. Systematic retrieval of content from the Finaport Website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) or creating links to the Finaport Website without written permission from Finaport is prohibited.

The key symbol and Finaport are among the registered and unregistered trademarks of Finaport. Other marks may be trademarks of their respective owners. Except as noted above, you may not use any trademarks of Finaport for any purpose without the written permission of Finaport.

ELECTRONIC COMMUNICATION (E-MAIL)

The Internet is an universally accessible medium. Ordinary E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may circulate across national borders, even if both sender and recipient are located in the same country.

You are therefore recommended to communicate with Finaport by using a secure channel if such channel is provided by Finaport. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data.

Unless explicitly stated otherwise, Finaport does not accept any orders or instructions sent by E-mail or any other electronic messaging system.

Finaport shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to Finaport using ordinary E-mail or any other electronic messaging system.

DISCLOSURE OF INTERESTS

Finaport and/or its boards of directors, managers and employees may have or have had interests in the listed investment instruments or have or have had positions in the relevant securities. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided other services to or serve or have served as directors of the relevant fund providers or companies.

LEGAL RESTRICTIONS ON USE

The Finaport website contains information and documents regarding numerous investment funds and other investment instruments and is not directed at any person in any jurisdiction in which (by reason of that person’s nationality, tax residence or otherwise) publication of or access to the Finaport website is prohibited. Persons in respect of whom such local restrictions apply must not access the Finaport website.

USER PROFILE

The investment documents and information provided thereafter are intended exclusively for users with the specified investor profile. Selecting the wrong investor profile may result in access to information and documents relating to investment funds/instruments which the user is not authorized to access. The user undertakes to select the correct investor profile. Finaport shall not be held liable for any damages or action incurred by the user as a result of selecting the wrong investor profile.

LOCATION OF USERS AND ADDITIONAL REGIONAL INFORMATION

The Finaport website and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is prohibited without obtaining the necessary licenses or authorizations by the relevant subsidiary, or affiliate office of Finaport and such licenses or authorizations have not been obtained.

The Finaport website is exclusively targeted at users in Switzerland, Germany and Austria.

ADDITIONAL INFORMATION FOR USERS IN SWITZERLANDM

For the purpose of clarification, users in Switzerland should note that the term “professional investor” in the check boxes refers to a qualified investor as defined in Article 10 Para. 3, 3bis or 3ter, of the Collective Investment Schemes Act (CISA).

ADDITIONAL INFORMATION FOR USERS IN GERMANY

For the purpose of clarification, users in Germany should note that the term “professional investor” in the check boxes refers to Professional investor according to Section 1 Paragraph 19 No 32 of the German Investment Code (Kapitalanlagegesetzbuch; “KAGB”).

ADDITIONAL INFORMATION FOR USERS IN AUSTRIA

For the purpose of clarification, users in Austria should note that the term “professional investor” in the check boxes refers to a Professional investor according to Section 2 Paragraph 1 No 33 of the Austrian Alternative Investment Fund Managers Act (Alternative Investment Fonds Managergesetz; “AIFMG”). The term “private investor” in the check boxes refers to a Private investor according to Section 2 Paragraph 1 No 36 of the Austrian AIFMG.

EXCLUSION OF LIABILITY WITH REGARD TO THE DOCUMENTS AND INFORMATION ON THE FINAPORT WEBSITE

Fund and investment documents and information are published on the Finaport website by Finaport. Under no circumstances shall Finaport be held liable for any direct, indirect or consequential damages or losses resulting from use of the fund documents or information, from access to the Finaport website.

COMPUTER VIRUSES, MALWARE AND SPYWARE

Furthermore, Finaport disclaims all liability for any tampering with the Internet user’s computer system by unauthorized parties. In this regard, Finaport expressly draws attention to the risk of viruses and the possibility of targeted attacks from malware and spyware programs. In order to combat viruses, it is recommended that the most recent browser versions be used and that anti-virus software be installed and continually updated. As a rule, the opening of any email from an unknown source as well as any unexpected attachment to an email message should be avoided.

AVAILABILITY OF THE FINAPORT WEBSITE

Finaport may suspend the operation of the Finaport website at any time for maintenance or repair work or to update or improve the website’s content or functionality. Finaport does not warrant that access to or use of the website or of any sites or pages linked to it will be uninterrupted or error free.

CHANGES TO THE FORMAT AND CONTENT OF THE FINAPORT WEBSITE

Finaport may change the format and content of the Finaport website at its sole discretion. You should refresh your browser each time you visit the Finaport website to ensure that you access the most up-to-date version of the website.

ENTIRE UNDERSTANDING

This document forms the entire understanding between you and Finaport with respect to use of the Finaport website and supersedes all previous agreements, understandings and representations relating to use thereof.

ASSIGNABILITY

You hereby agree that Finaport may sub-contract the performance of any activity relating to the operation of the Finaport website and may assign any of the provisions of this document to a third party at any time without the need to give you any notice.

SEVERABILITY CLAUSE

To the extent that any provision of these Terms of Use is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be part of this disclaimer but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms of Use in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms of Use in any other jurisdiction.

CONFLICT WITH ADDITIONAL TERMS

Certain web pages or areas on the Finaport Website may contain additional terms, conditions, disclosures and disclaimers (together “Additional Terms”). In the event of a conflict between these Terms of Use and the Additional Terms, the Additional Terms will govern for those web pages or areas.

Last update in October 2020

Place of jurisdiction and applicable law

These Terms of Use are governed by and construed in accordance with the laws of the Switzerland. You hereby consent to the exclusive jurisdiction of the Swiss courts at the principal place of business of Finaport.

PARTICIPATION POLICY (FINAPORT LIECHTENSTEIN AG)

Finaport (Liechtenstein) Ltd. (hereinafter “company”) falls under the term “asset manager” according to Art. 367a No. 3 of the Liechtenstein Persons and Companies Act (PGR) and is therefore obliged to describe its participation policy in terms of Art. 367h PGR.

The company does not exercise any shareholder rights within the meaning of Art. 367h para. 1 items 1 and 4 PGR which are based on participation in the companies in which the company has invested within the scope of asset management mandates. In particular, no rights related to the general meetings of stock corporations are exercised. The right to a share in profits as well as to subscription rights are exercised within the framework of the asset management mandate.

The monitoring of important matters of the companies within the meaning of Art. 367h para. 1 item 2 PGR is carried out by taking note of the legally required reporting of the companies in financial reports as well as any ad hoc announcements.

There is no exchange of views with the corporate bodies and stakeholders of the companies within the meaning of Art. 367h para. 1 item 3 PGR.

There is no cooperation with other shareholders or other relevant stakeholders of the companies within the meaning of Art. 367h para. 1 items 5 and 6 PGR.

In the event of any conflicts of interest within the meaning of Art. 367h para. 1 item 7 PGR, disclosure is made to the parties concerned in accordance with the statutory provisions and clarification is provided as to how to proceed with them.

An annual publication on the implementation of the participation policy within the meaning of Art. 367h para. 2 PGR does not take place, because a corresponding exercise of rights does not take place.

A publication of the voting behaviour in the sense of Art. 367h para. 2 PGR does not take place, because no participation in votes takes place.

SUSTAINABILITY AT FINAPORT LIECHTENSTEIN AG

In accordance with the European Union’s understanding of sustainability, sustainability should not be limited to ecological aspects, but should encompass the entire ESG spectrum (Environment, Social and Governance). Finaport Liechtenstein Ltd. is subject to the disclosure requirements of the Sustainable Finance Disclosure Regulation (SFDR). In compliance with these disclosure obligations, we disclose the following:

We are aware of our responsibility to ensure a liveable future for generations to come and comply with all relevant regulatory requirements. We are currently not formally implementing the strategies for the inclusion of sustainability risks in the investment decision-making process or investment advisory process as required by the EU regulations, are not yet systematically taking into account the adverse effects on sustainability factors and are currently refraining from a stand-alone sustainability strategy. This is particularly due to the fact that not all relevant information on this is yet available.

Our remuneration policy is ESG-neutral and does not set any negative incentives to disregard sustainability risks. We are closely monitoring developments in this area and will inform you here of any changes.

PARTICIPANT POLICY (FINAPORT LIECHTENSTEIN AG)

Finaport Liechtenstein AG (hereinafter referred to as the “company”) falls under the term “asset manager” as defined in Art. 367a No. 3 of the Liechtenstein Persons and Companies Act (PGR) and must therefore disclose its participation policy as defined in Art. 367h PGR.

The Company does not exercise any shareholder rights within the meaning of Art. 367h para. 1 items 1 and 4 PGR that are based on participations in corporations in which the Company holds an interest within the scope of asset management mandates. In particular, no general meeting rights of corporations are exercised. The right to participate in profits and subscription rights is pursued in consultation with the clients.

The monitoring of important matters of corporations within the meaning of Art. 367h para. 1 no. 2 PGR is carried out in compliance with the legally prescribed reporting of corporations in financial reports as well as ad hoc announcements.

An exchange of opinions with the bodies and interest groups of the corporations within the meaning of art. 367h par. 1 item 3 PGR.
There is no cooperation with other shareholders or other relevant stakeholders of the company within the meaning of art. 367h par. 1 items 5 and 6 PGR.
In the event of conflicts of interest within the meaning of Art. 367h para. 1 item 7 PGR, disclosure is made to the parties concerned in accordance with the statutory provisions and a clarification of the further course of action is made with them.

An annual publication of the implementation of the participation policy in the sense of Art. 367h para. 2 PGR does not take place, as no corresponding exercise of rights takes place.

A publication of the voting behaviour in the sense of Art. 367h para. 2 PGR does not take place, as there is no participation in voting.