1. GENERAL TERMS & CONDITIONS AND RELEVANT INVESTOR INFORMATION
It is important that you (hereinafter referred to as the ‘User’) familiarize yourself with these terms and conditions for using this Website and information before you go on to access this Website.
By accessing and using GERIFONDS SA’s Website (hereinafter referred to as the ‘Website’), the User hereby formally agrees to accept these terms and conditions, and takes due note of the important legal information outlined below. If the User does not agree to accept these terms and conditions, the User is kindly requested to leave the Website.
The Website provider is GERIFONDS SA, rue du Maupas 2, P.O. Box 6249, CH-1002 LAUSANNE, Switzerland (hereinafter referred to, for the purposes of these terms and conditions, as GERIFONDS). GERIFONDS is a limited company registered in the Commercial Register of the Canton of Vaud under Entry No.H987/00252 and Federal Registration No.CH-555-0081921-4. GERIFONDS is a fund management company authorized for business in Switzerland by the Swiss Financial Market Supervisory Authority (FINMA), Laupenstrasse 27, 3003 Bern.
3. SALES RESTRICTIONS
The collective investment schemes (hereinafter referred to as the "Funds") referred to on this Website are registered at least in their relevant countries of origin and in Switzerland. Any offer, sale or delivery of fund units in other countries shall be subject to the relevant legislation of those countries involved.
In particular, the Funds have not been nor will be registered under the Securities Act of 1933 in the USA (hereinafter referred to as the ‘Securities Act’). The offer or sale of Fund units in the United States by a distributor may be in violation of the registration requirements under the Securities Act.
Fund units may not be offered, sold, assigned, or delivered, directly or indirectly:
1) In the United States, its territories, possessions, or areas under its jurisdiction; or
2) To US citizens (national or bi-national) regardless of their domicile or residence; or
3) To persons domiciled or residing in the United States; or
4) To other natural or legal persons, trusts, legal entities, or other structures whose income and/or returns, regardless of their origin, are subject to US income tax; or
5) To those who have the status of "US Persons", as defined under Regulation S of the Securities Act and/or the US Commodity Exchange Act of 1936 in their current version; or
6) Trusts, legal entities, or other structures created for the purpose of enabling those mentioned under numbers 1 to 5 to invest in these Funds.
The placement restrictions applicable to each Fund are also published in the Fund’s respective prospectus.
4. LOCAL RESTRICTIONS
This Website is not intended for those persons coming under jurisdictions in which (on the grounds of their nationality, place of residence or for any other reason) the publication and availability of or access to this Website are prohibited. Any User subject to such restrictions shall neither access nor use this Website.
It is possible that products and services exhibited on this Website are not available to or authorized for persons covered by other jurisdictions than Switzerland (on the grounds of their nationality, place of residence or for any other reason). It is incumbent on the User to seek advice about any sales restrictions that might apply to the relevant products and services.
5. EXERCISING CREDITOR AND CORPORATE RIGHTS
The terms & conditions for exercising creditor and corporate rights related to investments in funds governed by Swiss law are set out in the prospectuses of these funds under Information on the fund management company and Exercising creditor and corporate rights. Upon request, investors can obtain information on exercising creditor and corporate rights. Requests should be sent in writing to GERIFONDS SA, P.O. Box 6249, 1002 Lausanne or to the e-mail address at: @email.
6. INVESTOR COMPLAINTS AND CLAIMS
Any investor complaints and claims relating to the Funds should be addressed in writing to GERIFONDS SA, P.O. Box 6249, 1002 Lausanne or to the e-mail address at: firstname.lastname@example.org.
The entire content of the www.gerifonds.ch Website is protected by copyright. It is possible to download or print pages or selected sections of this Website provided that the indications relating to copyright protection or other references to rights of ownership over the material are not removed. Downloading or any other form of copying software or information posted on the Website confers no rights whatsoever over such material. The User may not reproduce all or part of, transmit by any means whatever, modify or use the Website for public or commercial purposes or establish any links to this Website without securing permission in advance from GERIFONDS.
8. RELATED SITES
GERIFONDS assumes no responsibility for the content of other websites linked to or from this Site. Links to other sites or pages outside the Site are at the User's own risk.
What is a cookie?
A cookie is a small file, generally made up of letters and numbers, inserted by the browser and stored on your computer or digital device when you visit a website. Cookies, for example, enable maintaining your session active or facilitating your navigation. Thus, if you connect to a website using the same terminal, the browser can recognize your preferences.
Anyone who does not wish to have cookies stored on their computer or digital device must configure their browser to refuse them before using the site. The disadvantage of this is that some features of the site may not work properly without the help of cookies.
Type of cookies used by GERIFONDS
GERIFONDS uses several types of cookies. Some are essential, others are optional, or they can be blocked. Refusing or blocking certain cookies may affect your navigation on the site.
Would you like more information about cookies?
Visit the website of the Federal Data Protection and Transparency Officer (FDPIC): https://www.edoeb.admin.ch/edoeb/fr/home/protection-des-donnees/Internet_und_Computer/explications-concernant-le-webtracking.html.
10. NO RECOMMENDATIONS AND PERFORMANCE
This Website has been constructed for the sole purpose of providing information. It is not soliciting funds nor making any offer to buy or sell investments, nor is it making any personalised investment recommendations.
As the risks associated with certain types of investment do not suit all investors, it is incumbent on the User to consult documents pertaining to the Funds, such as prospectuses, fund contracts, management regulations/bylaws, annual and interim reports, and to contact your advisers to analyze in detail your risk profile and to gather information about the risks inherent in making any investment decision.
Past performance of an investment cannot be taken as a guarantee of present or future performance. The value of investments can go up or down for a whole variety of reasons. It is, therefore, possible that investors may not recoup their initial outlay invested. Moreover, fluctuations in exchange rates can also cause the value of an investment to rise or fall.
11. RELIABILITY OF INFORMATION POSTED ON THIS WEBSITE
GERIFONDS strives to select all the information posted on this Website with great care and attention. It cannot, however, provide any guarantee whatever as to the accuracy, reliability or comprehensiveness of this information. Any decision taken on the basis of information posted shall thus be taken at the User’s sole and exclusive risk, with GERIFONDS disclaiming all responsibility or liability for any direct or indirect losses, damages or detriment.
Furthermore, GERIFONDS reserves the right to alter the content of this Website at any time and without giving prior notice.
Only texts of prospectuses, fund contracts and management regulations/articles of incorporation in French are legally binding. GERIFONDS cannot be held liable for versions of these texts translated into other languages.
12. NO GUARANTEE
GERIFONDS, together with its directors, managers, employees, ancillary staff and shareholders, and third-party information providers, together with their directors, managers, employees, ancillary staff and shareholders, hereby expressly disclaim all responsibility or liability for any indirect or direct losses or damages whatsoever that might stem from accessing this Website or from making use of information or opinions posted on this Website or that might result from Users being unable to access or use information or opinions posted on this Website. In particular, GERIFONDS, together with its directors, managers, employees, ancillary staff and shareholders, cannot be held liable at all for any damage or loss incurred following an error, technical or otherwise, a failed download, a system overload, problems with accessing or using the Website, any disruption in the service (including, specifically, maintenance of the system), any delay in the transmission of data, any incompatibility between this Website and the User’s files and/or software (most notably the User’s browser) and/or computer, any malfunction, interference, virus infection or transmission of a computer worm or bug to the User’s hardware, any illegal intrusion into the Website (such as through computer hacking), any intentional and malicious blocking of telecommunications tools or networks (e.g. caused by the mass sending of emails or targeted attacks to cause a service to crash) or any other shortcoming or failure of telecommunications or network service providers.
13. PARTIAL NULLITY
If one or more of the provisions stipulated in these terms and conditions of use is or becomes not valid, non-compliant or not applicable as a result of a legal ruling or provision, this shall in no way result in other provisions stipulated in these terms and conditions of use being rendered null and void, being cancelled or being non-executable. Any clause deemed to be invalid, non-compliant or inapplicable will be replaced by a valid, compliant and applicable clause corresponding as closely as possible to the meaning and intention of the clause rendered invalid.
14. APPLICABLE LAW & JURISDICTION
All legal relations between the User of this Website and GERIFONDS shall be subject to Swiss law. The place of execution, the exclusive place of jurisdiction for any legal proceedings and the court for pursuing claims – but, in the case of the latter, this refers solely to Users of the Website that are not domiciled in Switzerland – shall be filed at the place of domicile of GERIFONDS’ head office in Lausanne. Those mandatory places of jurisdiction as stipulated in relevant Swiss law and international conventions ratified by Switzerland shall be reserved. GERIFONDS, however, reserves the right to institute legal proceedings in the place of domicile of the User of the Website or at any other court with the relevant authority.
15. AMENDMENTS TO THESE TERMS AND CONDITIONS OF USE
GERIFONDS reserves the right to amend the terms and conditions for using this Website at any time and without prior notice.
Last updated on 25/09/2020.