Discretionary Solutions Legal Disclaimer

EFG Discretionary Solutions is a service offered by EFG Bank AG (“EFG”).

The final solution we can provide will be dependent on your jurisdiction of domicile. The following disclaimer acknowledges you recognise that the services described here are subject to local restrictions.

Legal information

Anyone accessing this webpage, the pages contained on it, and the products, services, information, tools and material contained or described herein (the "Website"), implicitly agrees to the terms and conditions (the “Terms”) set out below.

The Terms are subject to change without notice, from time to time in EFG sole discretion. It is therefore recommended to review these Terms whenever this Website is accessed. Access to, and use of this Website may be restricted or terminated at any time.

The use of this Website may be monitored, tracked and recorded. Anyone using this Website expressly consents to such monitoring, tracking and recording.

1. Access subject to local restrictions

The information in this Website is not intended for use by or distribution to any individual or legal entity in any jurisdiction or country where (i) the distribution, publication or use of such information would be contrary to the law or regulatory provisions; or (ii) such distribution is prohibited without obtaining the necessary licenses or authorizations by EFG and such licenses or authorizations have not been obtained.

Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use this Website.

The materials on this Website are not directed to US persons.

2. Products and services

Products and services displayed in this Website may not be eligible for sale or available to residents of certain countries or certain categories of investors. Please consult the applicable terms and conditions such as sales restrictions or key specific notes of the product for further information. Any material available in this Website has no regard to the specific investment objectives, financial situation or particular needs of any specific recipient. No representation or warranty, either expressed or implied, is provided in relation to the accuracy, completeness or reliability of the materials, nor are they a complete statement of the securities, markets or developments referred to herein. The materials should not be regarded by recipients as a substitute for the exercise of their own judgment. Any opinions are subject to change without notice and may differ or be contrary to opinions expressed by other business areas of EFG as a result of using different assumptions and criteria.

3. No offer or recommendation

The information, opinions, products, data, services, tools and documents contained or described in this Website shall not be construed or understood as any form of promotion, recommendation, inducement, offer or solicitation to (i) purchase or sell any investment instruments, (ii) transact any other business, or (iii) enter into any other legal transactions. They are provided for information purposes only.

The investment instruments and services described may not be suitable for all investors or may be unavailable. Prior to making investment decisions investors should conduct a thorough independent investigation and obtain all necessary professional advice for all issues, including the eligibility to make such investment in terms of the applicable law.

4. No advice

Nothing in this Website constitutes investment, legal, accounting or tax advice, or a representation that any investment or strategy is suitable or appropriate for individual circumstances, or otherwise constitutes a personal recommendation for any specific investor. Prior to making any investment decision, the investor should fully understand the economic risks and merits and make his own determination that the investment is consistent with his particular investment needs, objectives and financial circumstances and that he is able to assume the risk. EFG recommends that investors independently assess, with a professional advisor, the specific financial as well as legal, regulatory, credit, tax and accounting risks and consequences. No information contained on or accessed from this Website should be construed as creating any contractual relationship between the providers of such information and Website users.

5. Research

Information on this Website is not a product of EFG’s Research Department and therefore not subject to legal requirements regarding the independence of investment research.

6. Forward looking statements

This Website may contain statements that constitute "forward looking statements". While these forward looking statements may represent EFG’s judgment and future expectations, a number of risks, uncertainties and other important factors could cause actual developments and results to differ materially from EFG’s expectations. EFG is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.

7. Risk considerations

Past performance should not be taken as an indication or guarantee of future performance, and no representation or warranty, expressed or implied, is made regarding future performance. Investing entails risks, including a partial or even a total loss of their invested capital. The price of, value of and income from securities or financial instruments can fall as well as rise. Certain investments are subject to high volatility, and may experience sudden and large falls in their value. Losses may equal or exceed the original investment: no assurance can be given that the investment objective of any product will be achieved or that substantial losses will not be suffered. Foreign currency-denominated securities and financial instruments are subject to fluctuations in exchange rates that may have a positive or adverse effect on the value, price or income of such securities or financial instruments. Some investments may not be readily realizable and it may not be possible to promptly sell or realize those investments and it may result in selling and realizing those investments at a much lower price. Similarly it may prove difficult to obtain reliable information about the value, or risks, to which such an investment is exposed. There are also special risk considerations associated with international and global investing (especially emerging markets), small-company investing, single-industry funds or investment strategies, single-country or regional funds or investment strategies, or other special, aggressive or concentrated investment strategies, such as the use of leverage or derivatives. Investors in securities effectively assume these risks.

8. No warranty

EFG has exercised the utmost care in compiling the information contained in this Website. However, EFG makes no representation or warranty (whether express or implied) that any information published on this Website is accurate, reliable, up-to-date or complete. In particular, EFG is under no obligation whatsoever to update or remove outdated information or opinions from this Website or to mark them as being outdated. The information and opinions contained on this Website are subject to change at any time without notice. Moreover, no warranty is given that this Website will operate error free or without interruption, that any faults will be corrected, or that this Website and servers from which information is accessible will be free of viruses, Trojan horses, worms, software bombs or other harmful components and programs and EFG accepts no liability in respect thereof. All information available in this Website, including but not limited to financial market data, price data, reports, research and other financial information is based on carefully selected sources that are deemed to be reliable. All information is provided to users on an "as is" and "as available" basis without any representation or warranty either express or implied as to quality, originality, non-infringement of intellectual property rights or fitness for a particular purpose.

9. No liability

To the fullest extent permitted by  law, in no event, notwithstanding any conflicting provision in these Terms or any other applicable agreement, shall EFG, any affiliate, including or any director, agent, employee, sub-contractor, be liable for any direct or indirect loss or damage, including but not limited to loss of profit, that may be suffered as a result of information provided on this Website, or for any loss or damage resulting either directly or indirectly from use of this Website and the information contained therein or from risks associated with the financial markets.

10. Potential conflicts of interest

EFG, its directors or employees may have previously invested, may be currently investing or may in future invest in investment instruments in respect of which information or opinions are provided on this Website. It is also possible that EFG has previously provided, is currently providing or will in future provide services to the issuers of such investment instruments, including, for example, corporate finance or market making services.  Furthermore, it is possible that employees or directors of EFG have previously performed, are currently performing or will in future perform certain functions on behalf of the issuers of such investment instruments, e.g. serving as director. EFG, its directors or employees could therefore have an interest in the future performance of investment instruments.

11. Intellectual property, copyright and trade mark rights

All components of this Website are protected by intellectual property laws and are the property of EFG or third parties. Users shall not acquire any rights, including rights in or to any software, trademarks or components of this Website, by downloading or printing any material from this Website. Copyright notices and trademarks may not be changed or removed. Components of this Website may not be reproduced in whole or in part in any manner or form (including electronic or printed form) without the prior written consent of EFG and unless full acknowledgement of the source is provided.

Users are not permitted to create hyperlinks or online links from other websites to this Website without the prior written consent of EFG.

12. Data transfer/processing

EFG expressly draws users' attention to the fact that data are transferred via public networks such as the internet or e-mail services, which can be accessed by anyone. EFG cannot guarantee the confidentiality of messages or documents sent via such public networks. Anyone sending personal information (such as senders' and recipients' names and addresses) via a public network should be aware that third parties may be able to view, store and use it without their permission. Third parties may thus be able to deduce existing or prospective accounts and business relationships. Even if the sender and recipient are in the same country, data transferred between them often pass through other countries, including countries that do not offer the same level of data protection as the country in question, without being subject to any controls. Data may be lost or intercepted by unauthorized third parties during the transfer process. EFG accepts no liability for the security of data transferred via the Internet or for direct or indirect data loss. For data protection and security reasons, users are advised to contact EFG via other means of communication.

13. Severability Clause

To the extent that any provision of these Terms is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be part of this disclaimer but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms in any other jurisdiction.

14. Applicable law and place of jurisdiction

Access to and use of this Website as well as the Terms are governed by Swiss law. The place of jurisdiction is Zurich.

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