Terms and Conditions
The following conditions (thereafter called « General Conditions ») have the purpose of defining the conditions in which the website www.lynceus-partners.com (or any other address that could replace it) published by the company LYNCEUS PARTNERS (thereafter called the « website ») and all the services the company provides, are only accessible to finance profesionals.
ARTICLE 1. DEFINITIONS
« Personnal Account » refers to the personnal account created by the User who subscribed to the service.
« LYNCEUS PARTNERS » refers to the company « LYNCEUS PARTNERS » (Switzerland) GmbH, a limited liability Company headquartered in Nordstrasse 1 6302 Zug. The company is listed in the Commercial Register under the number CH-170.4.014.686-2, website publisher.
« Portfolio » refers to the virtual portfolio provided to the User while creating his personnal account and which includes the Products he recorded.
« Products » refers to the financial products and their documentation (factsheets, termsheets, marketing documents, etc…) listed on the website.
« Service » refers to the online service provided by LYNCEUS PARTNERS, available to the User through the website, and which enables the User to register products in his Portfolio in order to follow their variations in time.
« User » refers to any finance profesionnal (natural or legal), (institutionnal investors, financial advisors, private banks, asset managers, family offices, etc…) that visits the Website or subscribes to the Service.
ARTICLE 2. ACCESS TO THE SERVICE AND AGREEMENT OF THE GENERAL CONDITIONS
Access Principles to the Website and the Service for the Users
The access to the Website and to the Service is limited to finance profesionnals (natural or legal persons: institutional investors, financial advisors, private banks, asset managers, family offices, etc…) it needs an internet connexion which is technicaly and financialy charged to the User and for which the User is the only responsible.
Hence, the user is informed of the fact that LYNCEUS PARTNERS reserves the right to operate any check it will assess useful in order to be sure the User is a finance profesionnal.
By accessing the Website, the User accepts expressly and unconditionally to be linked to all the stipulations of the terms and conditions. If the User does not accept the general conditions, he commits not to continue the subscription process to the Service and not to browse the Website.
LYNCEUS PARTNERS reserves the right to restrict the access to the entire or part of the Website, unilaterally and without notice, in particular for maintenance or updatings of the Website and/or the Service.
The access to the Website and to the Service is restricted to the United States of America citizens or residents.
Morevorer, the visitors are aware of the fact that the Website does not target the United States of America residents or citizens nor does it target « US Persons » as specified in the « S regulation » of the Securities and Exchange Commission under the 1933 US securities act.
The term « U.S. Person » means:
(a) every natural person who lives in the United States of America;
(b) every entity or company organized or recorded under the american regulatory system;
(c) every « trust » the executor of which is an US Person;
(d) every trust one trustee of which is an « US person »;
(e) every agency or subsidiary of a non american entity located in the United States of America;
(f) every account managed in a non discretionary way (other that a succession or a trust) by a financial intermediary or any other authorized agent composed or (in the case of a natural person) living in the United States of America;
(g) every account managed in a discretionary way (other that a succession or a trust) by a financial intermediary or any other authorized agent composed or (in the case of a natural person) living in the United States of America, and (h) every entity or company provided it is (i) organized or composed under the laws of a country other than the United States of America and (ii) set up by an « US person » mainly with the aim of investing in securities which are not recorded under the 1933 US Securities Act, as amended, unless it is organized or recorded and owned by « Accredited investors » (as this term is defined by the « rule 501 (a) » of the 1933 Act, as amended) other than natural persons, successions or trusts.
The Products described on this Website are not recorded under the American federal laws system about securities or under any other applicable law in the States, territories and possessions of the United States of America. Therefore, no Product can be sold directly or indirectly in the United States of America (including on its territories and possessions) and towards or to the benefit of residents or citizens of the United States of America and to « US Persons », this restriction applies also to residents and citizens of the United States of America and to « US Persons » subject to visualize or to have access to this Website during trips or journeys outside the United States of America. Any person interested by the Service and/or the Products can ask to receive information about them, provided this person has previously been guaranteed that no law from its origin country or from any other country that applies to it, prohibits the access or the subscription to them, which would constitute a legitimate cause of refusal by LYNCEUS PARTNERS to provide the Service to this person.
ARTICLE 3. ACCESS TO THE SERVICE AND SUBSCRIPTION OF THE USER
In order to subscribe to the Service, the User will be asked to communicate some information, including personnal data (Last Name, First Name, Company Name, email address, password).
The User commits to communicate personnal information that are exact, sincere, complete and up to date, and to rectify them later on should they become outdated.
The User commits to chose an available login (email address) and a linked password, which will enable him to sign in to access its Personal Account and the Service. The User commits not to register with a login violating the rights the rights of a third person (copyright, brands, thirdparty right, social denomination and/or brands of a thirdperson, in particular).
In the case of fraudulent use of the Service by the User, LYNCEUS PARTNERS reserves the right to stop and/or to close the User’s Account, and/or to refuse any access to the Service.
The login and the password of the User are strictly personal and the User commits to keep them confidential. The User, who is the only one who has access to the Service with its login and password, commits not to let any other person to have access to it under its identity or login.
The use of User’s login, linked to its password, leads to the irrefutable presumption an access and an use of the Service by this User. In the hypothesis where the User would be aware of the access to its account by a third person,the User commits immediatly to modify its password and to let LYNCEUS PARTNERS know about it without notice by email according to the conditions planned in the article 9 of the General Conditions.
LYNCEUS PARTNERS can also require the User to give additional information in order to check that the latter is a finance professionnal under the Article 2 of the Terms and conditions. To that end, LYNCEUS PARTNERS can send an email to the User at the stated address during the its subscription, in order to require an additional information containing: (i) the company name and (ii) the number of the Commercial Register. The User has an eight (8) days notice starting from the reception of the email to answer this request, by email to the following address: [email protected], or on the phone number: +41 22 870 95 00. Without an answer from the User during this eight (8) days period, it is duly informed that its personnal Account and the data it contains will be deleted by LYNCEUS PARTNERS under the conditions stated in the Article 10 of the Terms and Conditions.
ARTICLE 4. DESCRIPTION OF THE SERVICE
The registered User will benefit from the Portfolio Service provided to it on the Website, which will enable the User in particular to register a selection of Products, to follow their evolution over time in the form of a chart and to download the relevant information.
The Service will also enable the User to receive on its Portfolio information alerts about some registered Products.
Finally, the Service will enable the User to receive on its email address newsletters published by LYNCEUS PARTNERS.
ARTICLE 5. USER’S OBLIGATIONS
The User commits to use the Service in good faith.
In the event of a breach by the User of one of its obligations stipulated herein, LYNCEUS PARTNERS reserves the right to unilaterally terminate the contract binding it to the User under the conditions of Article 10 hereof.
The User undertakes in particular not to:
- use without authorization and distribute content in violation of the intellectual property rights of any third party;
- transmit a computer virus, worm, Trojan horse, logic bomb or any other malicious file, program or form of code intended to damage, interrupt, suspend, destroy and/or limit the functionality of any computer or telecommunications equipment;
- interfere with the operation of the Site and/or the Service, servers or network connections to the Site and/or the Service;
- violate any requirements, procedures, policies or regulations relating to networks connected to the Site and/or the Service;
- modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any part of the Site and/or the Service;
- attempt to gain unauthorized access to the Site and/or the Service (or any part thereof);
- otherwise violate the rights of third parties or applicable laws and regulations.
ARTICLE 6. INTELLECTUAL PROPERTY RIGHT
PROTECTION OF THE WEBSITE CONTENT
All intellectual property rights on the WebSite and its content (hereinafter referred to as « Content »), including but not limited to texts, documentation, databases, software, applications, slideshows, logos, images, drawings, graphics, are the property of LYNCEUS PARTNERS or third parties who have authorized LYNCEUS PARTNERS to use them.
This Content is protected by French and international legislations, in particular and where applicable, on copyright, design law, trademark law and database law.
The names and brands mentioned on the WebSite are trademarks registered by LYNCEUS PARTNERS or its assigns. Any reproduction, imitation and, more generally, any exploitation of these trademarks is prohibited.
USER LICENSE AGREEMENT
This WebSite is intended exclusively for the User's professional use. Thus, LYNCEUS PARTNERS only grants the User an authorization of representation allowing the visualization of the WebSite. However, the User may import or print pages and/or elements of information provided by the Site, such as documentation relating to certain Products, strictly for his professional use, provided that he does not delete the mentions relating to copyright or intellectual property rights.
Any other use (including any reproduction, representation, modification, adaptation, distribution for commercial purposes, whether lucrative or not) is strictly prohibited without the express prior written consent of LYNCEUS PARTNERS.
As LYNCEUS PARTNERS is the producer and owner of all or part of the databases represented or used on the WebSite, it is also strictly forbidden to extract, reproduce, represent and use in any way whatsoever all or part of the content of the databases appearing on the WebSite.
ARTICLE 7. EXCLUSION OF WARRANTY
Subject to warranties that cannot be excluded or limited by applicable law, LYNCEUS PARTNERS, its licensors and suppliers do not grant any warranty of any kind to the User. In particular, LYNCEUS PARTNERS cannot guarantee that the products saved by the User in his Portfolio and the related documentation will remain accessible or will not be modified during the term of these general Conditions.
LYNCEUS PARTNERS reserves the right to suspend or interrupt the Service for legitimate reasons (in particular for commercial reasons, testing, audit, security, maintenance, server updates or failure or threatened failure), subject to compliance with time slots that do not completely affect the availability of the Service to the User.
ARTICLE 8. EXCLUSION OF LIABILITY
Subject to the mandatory legal provisions applicable, under no circumstances shall LYNCEUS PARTNERS be liable for any direct or indirect damage that the User may suffer from as a result of the use or non-use of the Service.
Similarly, the User declares that he/she is familiar with the Internet and accepts its characteristics and limitations, in particular its technical performance and response time for consulting or downloading information as well as the limits inherent in the network coverage by his/her operator. Thus, the liability of LYNCEUS PARTNERS, its partners, employees or any other party involved in the creation and operation of the WebSite and/or the provision of the Service, cannot be held liable for any inconvenience, obstacles or damage inherent to the use of the Internet network, and in particular any interruption of service.
Finally, LYNCEUS PARTNERS cannot be held liable for any unauthorized or fraudulent use of the Service and/or in the event of loss, theft or transmission of the personal access codes used to connect to the Service.
Provisions relating to the Products and information contained on the WebSite
The information, tools and content of the WebSite are presented for information purposes only. They are intended for Professional Users who have the experience, knowledge and skills necessary to make their own investment decisions and properly assess the risks involved. The presentation of the Products on the WebSite is not exhaustive. It does not constitute an act of marketing, soliciting or recommending the purchase or sale of a financial instrument.
Consequently, any subscription to a Product can only be made within the framework defined by a contractual agreement that has been previously accepted, as the case may be. None of the information contained on the WebSite or any service provided by the WebSite should be considered or interpreted as constituting wealth management advice, investment advice or business advice. Before subscribing or purchasing a financial instrument, the User must read the current regulatory documents, approved by the competent authorities (prospectus, regulations, information memorandum, articles of association, annual reports, subscription forms) which include all known risks related to the proposed investment (see risk factors).
It is recalled that past performance is no guarantee of future performance, and that the value of an investment in securities may increase or decrease according to changes in financial markets and exchange rates, as may the related direct or indirect income. Prior to any request for information on products and/or services respectively marketed and/or provided by LYNCEUS PARTNERS, the User must, under his sole responsibility, ensure the consequences of the proposed transaction, in particular financial, legal and tax consequences, towards him or towards his clients for whom he has received a mandate.
LYNCEUS PARTNERS endeavours to regularly update the information contained on the WebSite. However, LYNCEUS PARTNERS cannot under any circumstances be held liable for errors due to changes in legal, administrative or jurisprudential provisions that may occur after the publication of information on the WebSite, or for defects in the updating of certain Products. The User is solely responsible for the use he makes of the information collected.
PROVISIONS RELATING TO HYPERTEXT LINKS
Under no circumstances shall LYNCEUS PARTNERS be held liable for hypertext links established from other Internet sites or any other existing resource on the Internet referring to the WebSite. Similarly, the content published on the sites to which the hypertext links accessible from the Site refer may not, under any circumstances, engage the responsibility of LYNCEUS PARTNERS.
ARTICLE 9. USER SUPPORT - COMPLAINTS
LYNCEUS PARTNERS provides the Users with assistance available in the event of technical difficulties encountered in using the Service.
In the event of complaints, reports of any abuse or violation of intellectual property rights, please contact 00 41 22 870 95 00 or send a letter to LYNCEUS PARTNERS (Switzerland) GmbH, Nordstrasse 1 6302 Zug. LYNCEUS PARTNERS will do its utmost to respond to the User's request as soon as possible.
ARTICLE 10. DURATION AND TERMINATION OF SERVICE
These General Terms and Conditions are concluded for an indefinite period of time.
The User may terminate his subscription to the Service at any time without notice sending an email to: [email protected].
If the User closes his or her Personal Account, it will be possible for him or her to subscribe to the Service again, and to use the Service again, but the User will not be able to retrieve the data previously loaded through the Service, including the data in his or her Portfolio.
In the event of a breach by the User of any of its obligations under these General Terms and Conditions, LYNCEUS PARTNERS shall notify the User by e-mail, giving notice to remedy such breach. If the notice has remained without effect for a period of eight (8) calendar days or if the User commits a new breach within this period, LYNCEUS PARTNERS reserves the right to suspend access to the Service or to immediately and automatically terminate these General Conditions, by notice sent to the User by e-mail, without prejudice to any other right and recourse.
LYNCEUS PARTNERS may also decide to delete the User's Personal Account if it is unable to verify that the User is indeed a financial professional without responding to his request within eight (8) days, as indicated in Article 3 hereof.
In the event of termination by the User or by LYNCEUS PARTNERS, in accordance with this article, the User will no longer be able to access the Service and his Personal Account will be closed.
All limitations of warranty and liability planned in these Terms and Conditions will survive the termination of these Terms and Conditions.
ARTICLE 11. MODIFICATION OF THE GENERAL CONDITIONS
LYNCEUS PARTNERS reserves the right to modify these General Terms and Conditions at any time.
These changes will be immediately apparent on the WebSite, through information on its home page visible starting from the login moment.
The User will also be asked to accept the amended Terms and Conditions again. If the User does not accept the modifications made to these General Conditions, he/she may terminate the subscription to the Service under the conditions planned in the Article 10 hereof.
ARTICLE 12. ALL GENERAL TERMS AND CONDITIONS AND ASSIGNMENT
If any provision of these General Terms and Conditions is held invalid or declared invalid pursuant to any law, regulation or final decision of a competent court, the other provisions shall remain in full force and effect.
Neither party may assign, transfer or retrocede in any other way all or part of these General Terms and Conditions, whether or not for financial reward, without the prior written consent of the other party. By way of exception to the foregoing, LYNCEUS PARTNERS may freely assign, transfer or retrocede in any other way all or part of these General Terms and Conditions in the context of a restructuring (including any merger, absorption, transfer or partial or total contribution of assets, change of direct or indirect control).
ARTICLE 13. APPLICABLE LAW AND COMPETENT JURISDICTION
These General Terms and Conditions of Service are governed by the Swiss law.
The exclusive place of jurisdiction is the place of the registered office of LYNCEUS PARTNERS; however, LYNCEUS PARTNERS has the right to submit the dispute to all other courts that would normally have jurisdiction over you in the absence of a determination of the forum as agreed above.