By continuing to access, link to, or use this Website, you will be deemed to accept these terms and conditions of use and any other terms and conditions set forth on this Website.
“Company” means CdR Capital S.A. “CdR Capital” and/or “we” or “us” means the Company and its wholly-owned subsidiaries from time to time or any one or more of them. “Intellectual Property Rights” means all present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and all other proprietary rights of any type under the laws of any jurisdiction (including without limitation rights in and to all applications and registrations). “Investor” means the relevant investor represented by the User. “TCU” means these terms and conditions of use and any other terms and conditions set forth on the Website. “User” and/or “you” means a person who is authorised to represent an Investor and who has agreed or is deemed to have agreed to the TCU on his/her own behalf or and on behalf of the Investor he/she represents, and who has supplied the required information for use of this Website. “Website” means the Company’s website found at http://cdr-capital.com.
2. Electronic Communications
When you visit the Website or send emails to CdR Capital you are communicating with us electronically. If you do so, you are giving your consent to receive electronic communications from us. We may communicate with you by email or by posting notices on the Website and you confirm that all such electronic communications and notices satisfy any legal requirement for written notice to be given.
4. Intellectual Property
- You acknowledge that the Website has been developed, compiled and arranged by or on behalf of the Company and represents a significant expenditure of time, effort, and money by the Company and that the text, content, photographs, video, audio and graphics that appear on the Website comprise valuable Intellectual Property Rights. You agree to abide by all applicable laws in respect of Intellectual Property Rights as well as any additional notices or restrictions contained in the Website.
- You agree not to infringe or violate the Intellectual Property Rights or other proprietary rights of the Company, and to comply with all written requests made by the Company to protect its Intellectual Property rights in the Website.
- The Intellectual Property Rights to the Website shall at all times be and remain the sole and exclusive property of the Company. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of it over any present or future technology) are reserved to the Company. Except as specifically permitted by the TCU, you may not copy or make any use of the Website or any portion thereof or data included therein for any purpose, without the Company’s prior written consent.
5. Restrictions on Use
- You may not use the Website for any illegal purpose or in any manner inconsistent with the TCU.
- You agree to use the Website solely for the professional use and benefit of the relevant Investor, and not for resale or external distribution, whether for profit or otherwise.
- You agree not to use, transfer, distribute or dispose of any information contained in the Website in any manner that could compete with the business of CdR Capital.
- You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to a server, create derivative works from, transmit or in any way exploit any information on the Website, except that you may download material from the Website and/or make print copies solely for your own professional use and that of the Investor, provided that any such downloaded or printed materials retain all copyright and other proprietary notices.
- You may not offer any part of the Website for sale or distribute it over any other medium, including but not limited to television, radio or internet broadcast, a computer network or hyperlink framing on the internet, without the prior written consent of the Company.
- The Website and the information contained therein may not be used to construct a database of any kind, nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party.
- You may not use the Website in any way to improve the quality of any data sold or contributed by you to any third party.
- You will not use the Website or the information contained therein, including any Intellectual Property Rights found therein, in unsolicited mailings or spam material.
You acquire no rights or licences in or to the Website and materials contained within the Website other than the limited right of access to the Website in accordance with the TCU. Any downloads made from the Website, must be in accordance with the TCU and are licensed to you by the Company only for your own use.
Access to the Website is free but the Company reserves the right at any time to charge fees for access to all or part of the Website.
9. Third party websites
The Website contains links to third party websites which are not subject to these TCU. The Company does not make any endorsement, express or implied, of any such linked websites, services, goods, or advertisements and furthermore does not guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods, or advertisements that may be linked to the Website.
10. Disclaimer and Limitation of Liability
- Whilst the Company endeavours to make the Website a useful and efficient resource for its Users, you agree that your use of the Website is at your sole risk and acknowledge that the Website and content, services or goods are provided “as is” and “as available,” and that the Company makes no warranty of any kind, express or implied, as to the Website, including, but not limited to, satisfactory quality, non-infringement, title or fitness for a particular purpose or use.
- Any information on the Website is given subject to these TCU. All information provided and data on which opinions expressed are based are believed to be correct as of the relevant date, but no warranty is given as to accuracy or completeness nor is any legal obligation created on the part of CdR Capital.
- The Company does not warrant that the Website is compatible with your equipment or that the Website, or any e-mail sent by the Company or its representatives, is free of errors or viruses, worms or trojan horses, or any other harmful, invasive, or corrupted files, and the Company is not liable for any damage you may suffer as a result of such destructive features.
- To the extent permitted by law, CdR Capital and its agents, officers, employees, representatives, successors, and assigns shall not be liable to any User for any losses or damages (whether direct or indirect), including lost profits, business, income, contracts, anticipated savings, data, goodwill or time, or any other direct, indirect, incidental, consequential, special, punitive, or exemplary damages, even if CdR Capital has been advised specifically of the possibility of such damages arising from or relating to: (i) content on the Website or the use of or inability to use the Website or any links or items on the Website; (ii) inaccuracies or errors or omissions on the Website including, but not limited to financial or investment data; or (iii) delays, errors, or interruptions in the transmission or delivery of the Website. In no event shall the Company’s total liability to you for any damages, losses and causes of action (whether in contract or tort including negligence) exceed the annual amount paid by you, if any, for accessing this Website.
- The Company is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Website.
- Use of the Website does not imply any contractual relationship between the Company and the User. If the User or the relevant Investor wishes to subscribe for the Company’s services, they should make contact directly with the Company in the first instance.
- Nothing in the TCU shall operate to exclude any liability which cannot be excluded or limited under applicable law or under any applicable regulatory system.
11. Financial Services
- The Website is not intended as an invitation or inducement to engage in investment activity. Material on the Website should in no circumstances be used or considered as an offer to sell or a solicitation to buy any security including any interest in any investment fund referred to on the Website. Nothing on the Website constitutes any form of tax, legal or other advice, and any such advice should be obtained from an appropriately qualified third party.
- Investments mentioned in the Website may not be suitable for all recipients and potential investors are advised not to proceed unless they have taken independent advice from an advisor that is authorised or appropriately qualified. Such investments may not be quoted on any market and thus carry higher risks than investments in quoted securities and may be difficult to sell or realise. Proper information for determining their current value or the risks to which they may be exposed may not be available. The past performance of any investment, investment strategy or investment style referred to on this Website is not indicative of future performance.
- The information provided on the Website is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Investors outside of Switzerland should consult the securities regulation of their home jurisdiction.
- Certain areas of the Website may require Users to warrant that they have certain requisite status before allowing access.
12. Governing Law
The TCU shall be governed by and construed in accordance with the laws of Switzerland. You hereby agree that the courts of Geneva have exclusive jurisdiction to settle any dispute arising out of or in connection with the Website or the TCU.
- The Company has the right to terminate the Website, or change the content or technical specifications of any aspect of the Website at any time at its sole discretion. You accept that such changes may result in your being unable to access the Website.
- The Company reserves the right to change or add to the TCU at any time in its sole discretion. All such changes shall be effective immediately upon posting and your continued use constitutes your acceptance of the TCU as so modified.
- The failure of the Company to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision.
- Save in respect of discontinued access or use and removal or destruction of materials, the provisions of the TCU shall survive any termination of the TCU as reasonably necessary to give effect to the provisions thereof.
- The section titles in the TCU are used solely for convenience and have no legal or contractual significance.
- If any provision of the TCU is found invalid or unenforceable, that provision will be severed to the extentpermissible, and the other provisions of the TCU will remain in force.
- The TCU constitute the entire agreement between you and the Company and govern your use of the Website.