Disclaimer

Ownership of the website

This website (hereafter referred to as “Cape Capital website”) belongs to Cape Capital AG (hereafter referred to as “Cape Capital”), a company based in Switzerland.

Accuracy and up-to-dateness of the information

The content of the Cape Capital website is provided for information purposes only. Although Cape Capital takes all reasonable care to ensure that the information on this website is correct at the time of publication, it makes no representation or warranty (including liability towards third parties), express or implied, regarding the accuracy, reliability or completeness of the information provided. The information provided on the Cape Capital website may be modified at any time without prior notice. The posting of any information on the website should not be understood to imply that there have been no changes since the information was filed with the relevant regulatory authority or since it was published or that the information is accurate at any time after publication. By accessing the Cape Capital website or using any information provided on this website (for personal use or for third parties), you signify your agreement to be bound by the Terms of Use below.

Updates to this Disclaimer and these Terms of Use

This document may be updated at any time. Therefore, Cape Capital advises you to download and read it again regularly to ensure that you are informed of any changes. The date on which this document was last updated is shown below.

Use of the Cape Capital website

Subject to these Terms of Use, you may not:

  • systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the Cape Capital website; except where Cape Capital provides a download-link.
  • remove, change or obscure in any way any of the content of the Cape Capital website or otherwise use any material contained on the Cape Capital website except as set out in these Terms of Use;
  • use the Cape Capital website or any of the information contained thereon for unlawful purposes.
  • pass on or make available all or part of the Cape Capital website, data or documents from the Cape Capital website to third parties for your own commercial purposes, whether for free or in return for payment.

No investment advice offered by Cape Capital.com

No information published on the Cape Capital website constitutes financial, legal, tax or other advice, nor should any investment or any other decision be made solely based on this information. Investments in any of the investment instruments described on the Cape Capital website should only be made after carefully studying the corresponding prospectus and fund contract as well as the annual or half-yearly report including all the legal information therein. You should obtain advice from a qualified expert before making any investment decision.

Information not tailored to your situation

The information contained on the Cape Capital website is neither tailored to nor oriented towards your individual situation. Therefore, such information may be completely unsuitable for or inapplicable to your individual investment decisions. You should obtain personal advice from a qualified expert before making any investment decision.

No offer

No information published on this website constitutes a solicitation, offer or recommendation to buy or sell any investment instruments or to conclude any other transactions or any legal acts whatsoever.

Forward-looking statements

The value of an investment may fall as well as rise at any time. The future performance of an investment cannot be deduced from previous market value. Therefore, good performance in the past does not guarantee good performance in the future. Investments in foreign currencies are additionally subject to exchange rate fluctuations and therefore carry a higher level of risk. Therefore, Cape Capital cannot guarantee that any capital invested will maintain its value or increase in value.

The Cape Capital website may contain forward-looking statements. Even if such forward-looking statements reflect the views and future expectations of the corresponding fund providers, a series of risks, uncertainties and other factors may cause actual developments and results to diverge substantially from the fund providers’ expectations. Cape Capital is not obliged (and explicitly declines any obligation) to update or change the forward-looking statements of the corresponding fund providers, on the basis of either new information or future events or for any other reason.

Copyright

The entire content of the Cape Capital website is subject to copyright with all rights reserved by Cape Capital. You may save or print out a hard copy of individual pages and/or sections of the Cape Capital website provided that you do not remove any copyright notices or any other legally protected proprietary notices.

No links to the Cape Capital website

You may not link to the Cape Capital website.

Trademarks

Nothing on this website shall be construed as granting any licence or right to use any image, registered trademark, logo or software. Downloading or copying of this website or of parts thereof shall not transfer any title to you. Cape Capital reserves all rights (in particular with respect to copyrights and trademark ownership) to all material on the Cape Capital website and will enforce their rights to the full extent of the law.

Disclosure of interests

Cape Capital and/or its boards of directors, managers and employees may have or have had interests in the listed investment instruments or have or have had positions in the relevant securities. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided other services to or serve or have served as directors of the relevant fund providers or companies.

Legal restrictions on use

The Cape Capital website contains information and documents regarding numerous investment funds and is not directed at any person in any jurisdiction in which (by reason of that person’s nationality, tax residence or otherwise) publication of or access to the Cape Capital website is prohibited. Persons in respect of whom such local restrictions apply must not access the Cape Capital website.

Distribution licences for investment instruments and shares

Fund information and documents are provided either by Cape Capital, by the different data providers or by the fund providers themselves. If the information and documents are published on the Cape Capital website by Cape Capital, then Cape Capital will rely on the information provided by the fund providers regarding distribution licences for the investment instruments. Cape Capital cannot be held liable for incorrect information regarding distribution licences.

User profile

When accessing the Cape Capital website for the first time, users are required to specify their investor profile and domicile. The investment fund documents and information provided thereafter are intended exclusively for users with the specified investor profile. Selecting the wrong investor profile may result in access to information and documents relating to investment funds which the user is not authorized to access. The user undertakes to select the correct investor profile. Cape Capital shall not be held liable for any damages or action incurred by the user as a result of selecting the wrong investor profile.

Location of users and additional regional information

The Cape Capital website is exclusively targeted at users in Switzerland, and Germany and Austria.

Additional information for users in Switzerland

For the purpose of clarification, users in Switzerland should note that the term “professional investor” in the check boxes refers to a qualified investor as defined in Article 10 Para. 3, 3bis or 3ter, of the Collective Investment Schemes Act (CISA).

Additional information for users in Germany

For the purpose of clarification, users in Germany should note that the term “professional investor” in the check boxes refers to Professional investor according to Section 1 Paragraph 19 No 32 of the German Investment Code (Kapitalanlagegesetzbuch; “KAGB”).

Additional information for users in Austria

For the purpose of clarification, users in Austria should note that the term “professional investor” in the check boxes refers to a Professional investor according to Section 2 Paragraph 1 No 33 of the Austrian Alternative Investment Fund Managers Act (Alternative Investment Fonds Managergesetz; “AIFMG”). The term “private investor” in the check boxes refers to a Private investor according to Section 2 Paragraph 1 No 36 of the Austrian AIFMG.

Exclusion of liability with regard to the documents and information on the Cape Capital website

Fund documents and information are published on the Cape Capital website either by Cape Capital. Under no circumstances shall Cape Capital be held liable for any direct, indirect or consequential damages or losses resulting from use of the fund documents or information, from access to the Cape Capital website.

Computer viruses, malware and spyware

Furthermore, Cape Capital disclaims all liability for any tampering with the Internet user’s computer system by unauthorized parties. In this regard, Cape Capital expressly draws attention to the risk of viruses and the possibility of targeted attacks from malware and spyware programs. In order to combat viruses, it is recommended that the most recent browser versions be used and that anti-virus software be installed and continually updated. As a rule, the opening of any email from an unknown source as well as any unexpected attachment to an email message should be avoided.

Availability of the Cape Capital website

Cape Capital may suspend the operation of the Cape Capital website at any time for maintenance or repair work or to update or improve the website’s content or functionality. Cape Capital does not warrant that access to or use of the website or of any sites or pages linked to it will be uninterrupted or error free.

Changes to the format and content of the Cape Capital website

Cape Capital may change the format and content of the Cape Capital website at its sole discretion. You should refresh your browser each time you visit the Cape Capital website to ensure that you access the most up-to-date version of the website.

Entire understanding

This document forms the entire understanding between you and Cape Capital with respect to use of the Cape Capital website and supersedes all previous agreements, understandings and representations relating to use thereof.

Fund ratings

Fund ratings by various rating agencies could be published on specific Cape Capital websites. The copyright for these fund ratings rests with the rating agency that published them. You should exercise caution in the use of fund ratings. Your individual circumstances have not been considered by the rating agencies in preparing the fund ratings. Therefore, fund ratings should never be considered a recommendation to buy, hold or sell a particular investment instrument. Neither the rating agencies nor Cape Capital warrant that the fund ratings published on Cape Capital.com are up to date, correct or complete. Cape Capital and the rating agencies whose fund ratings are published on the Cape Capital website hereby expressly exclude any liability for any direct or indirect damages, costs or losses you may suffer as a result of using fund ratings.

Assignability

You hereby agree that Cape Capital may sub-contract the performance of any activity relating to the operation of the Cape Capital website and may assign any of the provisions of this document to a third party at any time without the need to give you any notice.

Place of jurisdiction and applicable law

These Terms of Use are governed by and construed in accordance with the laws of the Switzerland. You hereby consent to the exclusive jurisdiction of the Swiss courts at the principal place of business of Cape Capital.