Terms and Conditions (“Terms”)
Last updated: July 21, 2016
For your own protection and benefit, please read these terms and conditions (“Terms”) carefully before starting to use the http://www.glassetmanagement.ch website (the “Website”) operated by GL Asset Management AG (“us”, “we”, or “our”) which is authorised and regulated by the Swiss Financial Market Supervisory Authority FINMA. In order to view the information on this Website, you must accept the Terms for the use of the Website. These Terms create a binding legal agreement between us. Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. We reserve the right, at our sole discretion, to modify or replace the Terms at any time. During each visit of the Website, you are responsible for being familiar with, and are bound by, the then current version of these Terms. If you disagree with any part of the Terms, then you may not access the Website.
Access to Restricted Areas of the Website
In order to access information about Investment Funds available in the restricted areas of this Website, you have selected Switzerland as your country of residence. Your selection will be used by us to determine the information that you will be able to access on the restricted areas of the Website. By selecting Switzerland as your country of residence to access the restricted areas of the Website, and clicking “ACCEPT” you confirm that you have read and accepted the Terms of this Website and you represent, warrant and undertake to us that you are accessing this Website on your own initiative, that you are resident in Switzerland and that you are a qualified investor within the meaning of the Federal Act on Collective Investment Schemes (“CISA”) and the Federal Ordinance on Collective Investment Schemes (“CISO”), as amended from time to time, as well as in accordance with the most recent interpretation by the Swiss Financial Market Supervisory Authority FINMA (“FINMA”). Failure to provide us with accurate information will be treated as a material breach of these Terms. Not all Investment Funds in relation to which information is available on the restricted areas of the Website are available in all geographical locations and so the restricted areas of the Website are not intended to be accessed by users of the Website that are not resident in Switzerland.
The Investment Funds have not been approved for distribution to non-qualified investors in or from Switzerland by the FINMA. Accordingly, the Investment Funds as well as the relevant fund documents and any information about the Investment Funds contained in the restricted areas of the Website may only be distributed in Switzerland to qualified investors. In particular, the following are considered qualified investors within the meaning of the CISA and the CISO as well as in accordance with the interpretation by the FINMA: (i) regulated financial intermediaries (such as banks, securities dealers, fund management companies, asset managers of collective investment schemes) as well as central banks, (ii) supervised insurance companies, (iii) public entities and pension schemes with professional treasury operations, (iv) companies with professional treasury operations, (v) high-net-worth individuals who fulfil the requirements of CISA/CISO and have elected in writing to be deemed qualified investors, (vi) independent asset managers according to art. 3 para. 2 item c CISA, who have obliged themselves in writing to use the information herein only for clients that are qualified investors.
Nothing on the Website is intended to create a client relationship with us, thus, we do not accept any responsibility for any loss or damage that could stem from reliance on information or publications found on the Website.
The purpose of the Website is solely to provide general information about us as well as to identify current issues and developments that may be of interest to you. Whilst particular attention is paid to ensure that the information on the Website is correct, no warranty, express or implied, is given as to its accuracy and we do not accept any liability for error or omission. Information contained on the Website is provided for general informational purposes only and the fact we made it available does not constitute investment advice, a recommendation or an expression of our view as to whether a particular security or financial instrument including, but not limited to, units or shares in the Investment Funds available in the restricted areas of the Website is suitable for any investor accessing this Website or meets his, her or its financial or any other objectives. The Investment Funds featured in the restricted areas of the Website may not be suitable for you. In preparing the information on this Website, we have not taken account of your particular investment objectives, financial situation or investment needs. Nothing on the Website shall, or is intended to, constitute financial, legal, accounting or tax advice and neither we, nor any of our affiliates, will, and do not purport to, provide you with investment advice as a result of your use of the Website. The information on the Website is provided solely on the basis that you will make your own investment decisions. We strongly recommend that you seek professional investment advice before making any investment decision.
The terms of investment in any Investment Fund available in the restricted areas of the Website are governed by the relevant fund documents. In the event of any inconsistency between the information available in the restricted areas of the Website regarding a particular Investment Fund and the terms of the relevant fund documents, the terms in the fund documents shall prevail. The fund documents relating to each Investment Fund available in the restricted areas of the Website will contain risk warnings which are specific to that Investment Fund. Copies of the relevant fund documents (in particular the Prospectus and the Supplements of the Funds, the Memorandum and Articles of Association as well as the annual and interim reports of the Company) for each Investment Fund may be available in the restricted areas of the Website and may also be obtained free of charge from the appointed representative of the Investment Funds in Switzerland, State Street Bank International GmbH, Munich, Zurich Branch, Beethovenstrasse 19, CH-8002 Zurich. The paying agent of the Investment Funds in Switzerland is State Street Bank International GmbH, Munich, Zurich Branch, Beethovenstrasse 19, CH-8002 Zurich. In respect of the units or shares distributed in Switzerland to Qualified Investors, place of performance and jurisdiction is at the registered office of the Representative.
Prices and Past Performance
The information is current at the date of publication, but is subject to change without notification. All prices or values provided on the Website are indicative only. Such prices or values may not reflect actual prices or values that would be available in the market at the time provided or at the time you may decide to purchase or sell a unit or share in a particular Investment Fund. We accept no responsibility for updating the price information available on the Website. Information on past performance of Investment Funds and/or underlying investments is no indication of current or future performance and the performance data do not take account of the commissions and costs incurred on the issue and redemption of units or shares in the Investment Funds.
Links to Other Websites
If you have accessed this Website via a link from another website, we are not responsible for the accuracy of information contained within the sites of other providers who have links to any pages of this Website.
Our Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services or the suitability or appropriateness of products or transactions described therein. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Liability for the use of this Website
We reserve the right to withdraw or amend the service we provide on the Website without notice. We do not accept any liability if, for any reason, the Website is unavailable at any time.
The information contained on the Website is to the best of our knowledge in accordance with the facts and does not omit anything likely to affect the import of such information. However, we shall have no liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain your access to this service, or for any interruption or disruption of such access or any erroneous communication between us and you, regardless of whether the connection or communication service is provided by us or a third party service provider. We shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the delivery of the data and services available on this Website or for any other aspect of the performance of this service or for any failure or delay in the execution of any transactions through this service. In no event will we be liable for any special, indirect, incidental, or consequential damages which may be incurred or experienced on account of you using the data or services made available on this Website, even if we have been advised of the possibility of such damages. We will have no responsibility to inform you of any difficulties experienced by us or third parties with respect to the use of the services or to take any action in connection therewith.
The value of investments and the income arising from them, can go down as well as up, and are not guaranteed, which means that an investor may not get back what they invested. Investment Funds are not covered by any government deposit insurer. Changes in exchange rates may also cause an investment to fluctuate in value. Levels of taxations depend on an investor’s individual circumstances and the value of any applicable tax reliefs.
The above list of risk factors is not complete and you must refer to the relevant fund documents with respect to an individual Investment Fund.
Investors should always seek professional advice in regard to the suitability of any investment. We accept no liability for any losses or consequential loss incurred by investors acting upon any information contained within this Website. Opinions given within this Website are effective from the date uploaded but may be subject to change without notice.
Intellectual Property Rights
The Website and its original content, features and functionality are and will remain the exclusive property of GL Asset Management AG and its licensors. The Website is protected by copyright, trademark, and other laws of both the Switzerland and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
Governing Law and Jurisdiction
These Terms and any non-contractual obligations arising from or connected with them shall be governed and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the use of our Website, and supersede and replace any prior agreements we might have between us regarding the use of our Website. The competent courts of the canton of Zurich will have non-exclusive jurisdiction over any dispute arising from, or related to, use of this Website and it is a condition of using this Website that you waive any objection to proceedings in such courts on the grounds of venue or that proceedings have been brought in an inconvenient forum, although we retain the right to bring proceedings against any user of the Website for breach of the Terms in their country of residence or any other relevant country.
If you have any questions about these Terms, please contact us.