Terms & Conditions
Version: May 2019
Please read carefully this important legal information (the “Terms & Conditions”) regarding the use of the website of CRDH Capital AG (the “Site”) before proceeding. It is your responsibility to be aware of, and to comply with, all applicable laws and regulations of any relevant jurisdiction, including obtaining any requisite governmental or other consent and abiding by any other formality prescribed in your territory.
By accessing and using the Site and any pages thereof, You acknowledge and accept to be bound by these Terms & Conditions and You agree to comply with their content. If You do not agree to these Terms & Conditions, please refrain from accessing or using the Site in any way.
2. Ownership of the Site; Access Restrictions
This Site is owned and operated by CRDH Capital AG, a joint stock company organized under Swiss law, with offices at c/o ISPartners Investment Solutions AG, Limmatquai 2, 8001 Zürich, Switzerland, registered with the Zurich commercial register under no. CHE-175.568.236 (“CRDH Capital”). CRDH Capital provides services in the financial sector, in particular asset and financial advisory services and investment activities in relation to collective investments schemes and other investment vehicles, in Switzerland and abroad (the “Services”).
The information offered on the Site is reserved for existing or prospective institutional and professional clients of CRDH Capital (“You”) or any of its affiliated companies (the “Affiliates”) in Switzerland and the European Union, whereas the eligibility of an investor for a specific investment is subject to final determination by CRDH Capital and applicable laws and regulations.
3. No Advice, Offers or Solicitations
The Site and the information included herein are for general information purposes only. The information provided on the Site:
(a) is not intended for distribution to, or the use by, any person or entity in any jurisdiction or country where such use would be contrary to local law or regulation or where either CRDH Capital or its Affiliates do not hold any necessary registration or license;
(b) does not constitute an offer/solicitation/invitation to buy or sell interests of collective investment schemes advised or managed by CRDH Capital or any of its Affiliates;
(c) does not take into account your investment objectives, financial situation or means, nor those of any other specific existing or potential investor; and
(d) does not constitutes any investment, legal, financial, tax or any other type of advice nor should any of the content of the Site be relied upon in making an investment decisions.
WE ASK THAT YOU AND ALL OF OUR INVESTORS CONSULT WITH PROFESSIONAL ADVISORS AND INVESTIGATE EACH POTENTIAL INVESTMENT PRIOR TO MAKING SUCH INVESTMENT.
4. Investment Risks
Any discussion of risks on the Site should not be regarded as a disclosure of all risks or a complete discussion of the risks mentioned. You acknowledge that investments in collective investments schemes or other investment vehicles, advised or managed by CRDH Capital may give rise to substantial risks and may not be available or suitable for all prospective investors. Past performance of investments is neither indicative nor a guarantee for future performance, and CRDH Capital makes no representation or warranty, express or implied, regarding future performance of any investment.
5. No Guarantee of Accuracy, Completeness and Correctness
Although CRDH Capital uses its best efforts to ensure that the information it publishes on the Site is correct, reliable, accurate and up-to-date, it gives no assurances whatsoever with regard to the correctness, accuracy, reliability or completeness of the information and opinions displayed on the Site.
You acknowledge that the content of the Site may contain errors and inaccuracies and that CRDH Capital is under no obligation and does not undertake any responsibility to properly and continually update or correct the content of the Site.
CRDH Capital reserves the right, in its sole discretion, to change, modify, delete, add or remove all or parts of the content of the Site or to suspend the operation of the Site altogether at any time without notice and without liability.
6. Disclaimer of Warranty
We offer You the information on the Site or information that may be accessed via the Site “as is” and “as available”, without warranty of any kind, either express or implied, including specifically and without limitation:
(a) any warranty of correctness, accuracy, reliability or completeness of any content and information;
(b) any warranties of title or express or implied warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property and proprietary rights;
(c) any warranty of success, performance or forward-looking prognosis regarding any of the investment vehicles described; and
(d) any warranty regarding the functionality, correctness of reproduction of information displayed, absence of defects or any other impairment of the Site, including the absence of viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components on the Site or servers we operate.
These Terms & Conditions and the Site may contain forward-looking statements, which refer to expectations, plans, objectives, intentions, forecasts and other statements that are not historical facts. Words such as “may”, “believes”, “expects”, “future” and “intends”, and similar expressions, may identify forward-looking statements, but the absence of these words does not mean that a statement is not forward-looking. Forward-looking statements are subject to known and unknown risks and uncertainties and inaccurate assumptions that could cause actual results to differ materially from those expected or implied by the forward-looking statements.
YOU USE THE SITE AND ANY CONTENT, DATA AND INFORMATION DISPLAYED, INCLUDING SPECIFICALLY, ESTIMATES, OPINIONS AND FORWARD-LOOKING STATEMENTS, EXCLUSIVELY AT YOUR OWN RISK.
7. Exclusion of Liability
Under no circumstances shall CRDH Capital be liable or responsible to You or any other person for any direct, indirect, incidental, special, punitive, consequential or other loss or damage (including, without limitation, damage for loss of data, business, profits, goodwill or anticipated earnings) arising out of, or in connection with, the Site, its use or inability to use, information or content displayed or not displayed on the Site and the use of these Terms & Conditions, regardless of whether any such claims are based on contract, tort (including gross negligence), strict liability or other and regardless of whether CRDH Capital has been advised of the possibility of such losses or damages and/or undertaken at its own discretion and absent any legal obligation to avoid, reduce or remedy a loss or damage.
8. (Intellectual) Property Rights
You acknowledge and confirm that CRDH Capital and/or any potential licensors own and retain all rights, title and interest in and to any and all worldwide intellectual property and proprietary rights in relation to the Site, its pages, screens, charts, software programs, applications, inventions, calculations, performance tables and algorithm CRDH Capital or any of its Affiliates may have created, developed, discovered or invented from time to time, including, but not limited to, all licenses, copyrights, patent rights, trademarks, know-how, trade secret rights and general ownership rights, unless ownership of third party providers has been indicated on the Site. You further acknowledge that You shall have no rights with respect to any of the foregoing other than the rights of use expressly set forth in these Terms & Conditions.
The Site and its content may solely be accessed for use of information displayed for view by CRDH Capital; it may not be reproduced, copied, modified or transmitted (by electronic means or otherwise). Information and data that may be copied and/or downloaded by You is marked as such. Such available information and data may only be used for the purpose of the existing or prospective investment activity.
You agree to indemnify, defend and hold harmless CRDH Capital from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising from or relating to (a) your use of the Site, (b) your breach of any terms and conditions contained in these Terms and Conditions or any representation, warranty or covenant made by You herein, or (c) your violation of any applicable law, statute, ordinance, regulation or any third parties rights. This obligation survives the termination of these Terms & Conditions.
10. Password and Security
11. Investigation and Disclosure of Information
CRDH Capital has the right, but not the obligation, to monitor any activity on and use of the Site. CRDH Capital may investigate any complaint or reported violation of these Terms & Conditions and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspending or terminating your use of all or any portion of the Site and denying You access to all or partial area of the Site.
CRDH Capital also reserves the right to report any activity that it suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other persons or entities. In order to cooperate with governmental requests, to protect CRDH Capital’s systems and other users, to ensure the integrity and operation of the Site, business or systems, or otherwise to comply with the law and legal process, CRDH Capital may access and disclose any information it considers necessary or appropriate.
12. Term and Termination
These Terms & Conditions shall be valid and applicable to You until the termination of your access to the Site. The provisions mentioned in Sections 6, 7, 8 and 9 shall survive the term of your use of the Site.
Termination of your access to the Site does not relieve You of any obligations arising out of or in relation to these Terms & Conditions or limit any liability that You otherwise may have to CRDH Capital.
CRDH Capital regularly updates and improves the Site in order to improve the quality of our Services to You. Necessary maintenance services, which might temporarily impair your use of the Site, will be published from time to time on the Site.
a. Amendments to these Terms & Conditions
CRDH Capital reserves the right to change these Terms & Conditions at any time without notice to You. Your continued use of the Site shall signify your agreement with and understanding of any additional or modified terms or conditions applicable to the Site.
These Terms & Conditions shall be binding on and shall inure to the benefit of the legal representatives, successors and assigns of the parties hereto. CRDH Capital may assign or transfer any of its rights and obligations arising from these Terms & Conditions without your consent. Your obligations contained in these Terms & Conditions shall not be assigned or delegated without prior consent of CRDH Capital.
c. No Waiver of Rights
No failure of either party to enforce any of its rights under these Terms & Conditions will act as a waiver of such rights.
If any portion of any provision of these Terms & Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms & Conditions shall remain in full force and effect.
All disputes arising out of or in connection with these Terms & Conditions shall be submitted to the exclusive jurisdiction of the courts of the city of Zurich, Switzerland.
g. Governing Law
These Terms & Conditions shall be governed in all respects, including validity, interpretation and effect thereof, by Swiss law, without regard to principles of conflicts of law.