You must read the following terms and conditions of use and legal information (the Terms) carefully. By accessing this website (the Website) of Tom Capital AG, Zurich, Switzerland (Tom Capital) you declare that you have read, fully understood and accept these Terms. If you do not accept or understand these Terms, we kindly request for you to leave the Website.
Access to the content of this Website may be restricted by laws and regulations applicable to the user. Persons to whom such prohibitions apply must not access the Website (see “Access Restrictions” below).
I. ACCESS RESTRICTIONS
This Website is intended exclusively for investors with country of residence in Switzerland. This Website is not for use by persons residing in a country or jurisdiction where (by reason of that person’s nationality, domicile or otherwise) the content or availability of this Website is prohibited. The products and services described on this Website are not available to persons in the United States of America (the US), Great Britain, Japan or Canada, or in any other country where the offering, distribution and sale of such products and services is restricted, and they are not considered to be legally offered in any country where it is illegal to do so.
None of Tom Capital’s financial products are registered or approved for distribution and sale in the US according to the US Investment Company Act of 1940, as amended, or the US Securities Act of 1933, as amended. This Website is not for use by persons domiciled in the US, their territories or dependent areas or by persons with a similar status who are subject to US restrictions. Investors who qualify as US persons may not invest in any product presented on this Website.
II. NO ADVICE / NO OFFER
The information and opinions published on this Website are not to be considered as investment advice or any other kind of advice on legal, tax, financial or other issues. The content of this Website is for information purposes only and may be modified at any time without prior notice. Nothing published on this Website constitutes an offer, a request or a recommendation to buy or sell any investment instruments or to conclude any other transaction or any legal act whatsoever.
III. EXCLUSION OF LIABILITY
While every effort has been made to ensure the accuracy of the content of this Website, Tom Capital does not give any representation or warranty as to its accuracy, reliability, timeliness or completeness, nor as to its appropriateness for any use which any individual user may choose to make of it and accepts no responsibility for updating any part of the information contained on this Website. Tom Capital does not accept any liability for any error, omission or misrepresentation in relation to the content of this Website or for any loss, damage, cost or expense (whether direct, indirect, consequential or otherwise) suffered by you or any other person as a result of any use of the Website or reliance upon any information or statement of any kind contained herein.
IV. PERFORMANCE / FORWARD-LOOKING STATEMENTS
Performance data shown on this Website can be based on back testing or live track record. Nothing contained on this Website is intended to suggest that future transactions will produce comparable results. The performance and returns in the past are no indicator of current or future development.
The Website may contain forward-looking statements. Forward-looking statements are subject to various risks and uncertainties. Accordingly, there are or will be important factors that could cause actual outcomes or results to differ materially from those indicated in such statements. Tom Capital undertakes no obligation to publicly update or review any forward-looking statement, whether as a result of new information, future developments or otherwise.
V. INTERNET SECURITY / LINKS
When accessing the Website you should be aware that the internet is generally not regarded as a secure environment, and that data sent via the internet can be accessed by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. Data sent via the internet may be transmitted across international borders even though both sender and receiver are located in the same country. Tom Capital does not accept any responsibility or liability for the security of data whilst in transit via the internet.
The Website may contain certain links. Activating links on the Website may cause users to leave the Website. Such links are provided solely for your convenience and information. Tom Capital has not reviewed any of the websites linked with or connected to its Website and using links on or to the Website is at each user’s own risk.
VI. DATA PROTECTION
Based on art. 13 of the Swiss Federal Constitution and the Swiss Federal Act on Data Protection, everyone has the right to the protection of their privacy, as well as to protection from misuse of their personal data. We comply with these provisions. Personal data is treated as strictly confidential and is neither passed on to nor sold to third parties. In close cooperation with our hosting provider, we make every effort to protect all data as well as possible from outside access, loss, misuse or falsification. By accessing the Website you agree to the storing of the following data in our log files: IP address, date, time, browser request and general information on the operating system and browser. This usage data forms the basis for statistical, impersonal evaluations for the purpose of tracking trends so that we can improve the information on this Website.
VII. RISK CONSIDERATIONS
The Tom Capital Research (TCR) indicates possible price movements of a market. It is not an investment recommendation or advice. The Tom Capital Growth Fund (TCGF) and the Swiss Equity Futures Fund (the Funds) are contractual funds under Swiss law (art. 71 CISA). Investing in the Funds bears the risk of not recouping the original investment in full. Investments in the Funds described on this Website should only be made on the basis of the related legal documents, including the current sales prospectuses, respectively the fund contracts, the key investor information documents (KIID) and the most recent annual and the semi-annual reports, and after consulting with your finance, tax and other advisors. Investors in the Funds need to be prepared and capable to, and may suffer a partial or total loss of their invested capital. Tom Capital uses TCR to manage TCGF before making TCR available to any addressee thereof.
VIII. INTELLECTUAL PROPERTY RIGHTS OF TOM CAPITAL
The entire content of this Website is subject to copyright with all rights reserved by Tom Capital. Downloading and printing any content of this Website is permitted for personal use only. Any other use, namely the reproduction or publication (in whole or in part) requires the prior written approval of Tom Capital.
IX. CHANGES TO THE TERMS AND CONDITIONS OF USE
Tom Capital reserves the right to change these Terms from time to time. Therefore, please read these Terms whenever you access the Website and check whether you agree with their current version.
IX. JURISDICTION AND CHOICE OF LAW
Any disputes arising in connection to this Website is governed by the substantive laws of Switzerland, excluding the principles of conflicts of law thereof (IPRG) and shall be submitted to the exclusive jurisdiction of the ordinary courts in Zurich, Switzerland.
Zurich, 1 December 2015
I hereby confirm that I have read, fully understood and accept these Terms and that my domicile is Switzerland.