This Legal Notice contains important information, please read it carefully before using the website (the “Website”) of Peak Partners SA. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction. By accessing and using the www.PeakPartners.com website and any pages thereof, you acknowledge that you have reviewed the Legal Notice and understand and agree to the terms and conditions contained herein. If you do not agree to the terms and conditions below, please exit from the Website and do not attempt to access this site any further.
This Legal Notice is governed by Swiss Law.
The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be prohibited by law or regulation or which would subject the funds themselves or Peak Partners SA to any registration requirement within such jurisdiction or country. Consequently, access to information on this Website may be restricted or prohibited to certain investors. Investors so restricted by reason of nationality, domicile, residence or any other ground should not access these pages. It is the responsibility of the user to be aware of the applicable laws and regulations of the jurisdiction in which they are domiciled or from which they wish to access the information.
Use of Information.
This Site and the information herein is for general information purposes only.
The information and materials contained in this Website are subject to change without notice. Unauthorized use of the Website, including but not limited to misuse of passwords or misuse of any information posted on this Site, is strictly prohibited. Your eligibility for a particular product or service, including access to the restricted area of the Website is at the sole discretion of Peak Partners SA.
Ownership of the information.
The content of the Website, the format of individual pages, and in the information and material therein is the property of Peak Partners SA. Unless explicitly agreed in writing by Peak Partners SA, any user shall not: upload, copy, modify, post, frame, or distribute in any way any content of the Website.
Granting access and use of the Website does not grant any license or right to use any image, trademark or logo. Neither does it grant legal entitlement to any software or material on the Website to the user.
No Advice, Offers or Solicitations.
The information and materials in the Website should not be construed as to provide tax, legal or investment advice. Moreover, the information and materials herein shall not constitute an offer or solicitation, or an offer to sell, shares of any of the funds or any advisory or management service in any jurisdiction.
Investment in shares of any funds may only be made on the basis of the current prospectus for the relevant fund, and only to investors who meet the prescribed eligibility requirements. Potential eligible investors are encouraged to seek professional advice before making any investment decisions.
Usernames & Passwords.
Access to any restricted area of the Website requires that a user obtain a username and password from Peak Partners SA. The user will be responsible for maintaining the confidentiality of their username and password. A user must immediately notify Peak Partners SA of any actual or suspected loss, theft or unauthorized use of a user’s username or password. Peak Partners SA has the right to monitor any activity conducted on the Website. Violations of the policies set out in this Legal Notice may result in, but will not be limited to, suspending, terminating or denying the user access to all or any portion of the Website.
General note: Note that when using any Internet facility (such as this Site), data is transmitted over an open network that could be accessible to third parties and consequently may not be secure.
There is a risk that information may be intercepted and corrupted during transmission and that any encryption mechanisms used may not provide complete protection.
Past performance is no indication of future performance. The value of investments may fall as well as rise and investors may not get back the full amount invested. Third Party Links. The Website contains hyperlinks (or "links") to Internet websites of third persons and entities. Peak Partners SA provides such links solely as a convenience to its users. Peak Partners SA has no control over the content of such third party websites and is not responsible or liable for the consequences of accessing any such third party sites, including but not limited to any virus or other harmful computer software that may infect the user´s system as a result of accessing the third party site.
For the avoidance of doubt, use of links to any third party site via the Website is entirely at the user´s risk. No warranties, either express or implied, concerning the content of such Site are made, including the accuracy, completeness, reliability or suitability thereof for any particular purpose. No guarantee as to the authenticity of documents on the Internet is given. Links to third party web pages do not necessarily constitute sponsorship or affiliation of, with or by Peak Partners SA and should not be construed as such.
All opinions, recommendations, views, news, information and other content contained in any third party sites are solely those of the third party.
Reliability of the Information.
The information contained in the Website is based on materials and sources that Peak Partners SA believes to be reliable. However no representation or warranty either express or implied is made in relation to the accuracy, completeness or reliability of the information contained herein. Peak Partners SA may change all or any portion of the Website at any time without notice. Peak Partners SA has no obligation or responsibility to undertake, update or amend any such information, as a consequence, there is no guarantee that the information displayed is the most up to date or accurate.
No Liability for Continuity of Availability.
The Website is hosted on a third party server and while Peak Partners SA makes reasonable efforts to ensure that the service is continuously available there can be no guarantee that technical problems will not occur. As a consequence of which, all or any portion of the Website may not be available and may not function properly at any time.
Disclaimer of Warranties.
THE SITE AND ALL INFORMATION AVAILABLE ON OR VIA THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, RELIABILITY, ACCURACY, COMPLETENESS, TIMELINESS OR SEQUENCING OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES AVAILABLE ON OR VIA THE SITE; (2) 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; (3) THE RESULTS TO BE OBTAINED BY ANY USER OF THE SITE; AND (4) ANY THIRD PARTY CONTENT ACCESSIBLE ON OR THROUGH THE SITE. PEAK PARTNERS SA DOES NOT WARRANT THAT THE SITE OR ANY CONTENT WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVERS FROM WHICH IT IS AVAILABLE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR SIMILAR ITEMS OR PROCESSES OR OTHER HARMFUL COMPONENTS.
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 PEAK PARTNERS SA AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR WARNING. PEAK PARTNERS SA 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.
Limitation of Liability.
IN NO EVENT SHALL PEAK PARTNERS SA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS LEGAL NOTICE, THE WEBSITE, THE INABILITY TO USE THE WEBSITE OR ANY PRODUCTS, SERVICES OR CONTENT PURCHASED, OBTAINED OR STORED IN OR FROM THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF PEAK PARTNERS SA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, THESE LIMITATIONS ALSO APPLY TO ANY THIRD PARTY CLAIMS AGAINST USERS.
The user agrees to indemnify, defend and hold harmless Peak Partners SA 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) their use of the Site; (b) their breach of any terms and conditions contained in this Legal Notice or any representation, warranty or covenant made by the user herein; or (c) their violation of any applicable law, statute, ordinance, regulation or any third party's rights. This obligation survives the termination of this Legal Notice. Modifications. Peak Partners SA reserves the right to change the terms and conditions under which the Website is offered without further notice to users. Continued use of the Website shall signify the user´s agreement with and understanding of any additional or modified terms or conditions applicable to this Site, which additions and modifications can be made at any time, without notice.
The Website and access to it can be terminated at any time, with or without notice, and for any reason. Termination of a user´s access to and use of the Site does not relieve the user of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Peak Partners SA.
This Legal Notice will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. Peak Partners SA may assign the terms and conditions under this Legal Notice in whole or in part at any time without consent of any user of the Website. Obligations of the user contained in this Legal Notice shall not be assigned or delegated. Any purported assignment of the terms and conditions contained in this Legal Notice in violation of its terms shall be void.
No Waiver of Rights.
No failure of either party to enforce any of its rights under this Legal Notice will act as a waiver of such rights.
If any portion of any provision of this Legal Notice is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this
Legal Notice shall remain in full force and effect.
Headings used in this Legal Notice are for convenience only. They do not constitute part of this Legal Notice.