Terms of Use

Disclaimer

By accessing the website of Cape Capital AG (“Cape Capital website”), you as a client or potential client, accept to receive the information on the Cape Capital website. The information herein is current at the date of publication but is subject to change without notice. All offers are non-binding. Cape Capital AG (“Cape Capital”) expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently. You should review the Cape Capital Terms of Use section regularly as your continued use constitutes agreement to all such changes. The Cape Capital website (including microsites) and all information contained therein constitutes advertising. Cape Capital assumes no responsibility for the accuracy, correctness, topicality, reliability and completeness of the information. Liability claims against Cape Capital due to damage of a material or immaterial nature resulting from the access or use or non-use of the published information, due to misuse of the connection or due to technical faults are excluded. Unless expressly included in any other agreement between Cape Capital and you, the requirements of the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market as implemented are excluded to the fullest extent permissible by law.

 

 

Access Restrictions - Professional Clients and Qualified Investors in Switzerland

Products or services mentioned on the Cape Capital website may be subject to legal and regulatory restrictions. Accordingly, (potential) investors and/or clients are required to inform themselves of and observe any such restrictions. The Cape Capital website and all information contained herein is intended for exclusive use by professional clients as defined in the Federal Act on Financial Services of 15 June 2018 (the “FinSA”) and its implementing ordinance (“Professional Clients”) and by qualified investors as defined in the Federal Act on Collective Investment Schemes of 23 June 2006 (the “CISA”) and in its implementing ordinance (“Qualified Investors”), which have their residence or registered office in Switzerland.

The Cape Capital website and all information contained herein is not intended for offer or distribution to or use by any other person or entity in any other country or legal jurisdiction and may not be accessed by such person or entity. Products and services may not be available in all jurisdictions. Any collective investment schemes mentioned on the Cape Capital website may, unless explicitly stated otherwise, not be offered, sold or delivered to citizens or persons resident or incorporated in the United States (“US”) and/or other natural or legal persons whose income and/or returns, regardless of origin, are subject to US income tax, as well as persons who are considered to be US persons pursuant to Regulation S of the U.S. Securities Act of 1933 and/or the U.S. Commodity Exchange Act, in each case as amended from time to time.

 

 

Company Information and Regulatory Status

The Cape Capital website is owned and operated by Cape Capital. The registered office of Cape Capital is at Utoquai 55, 8005 Zurich, Switzerland. Cape Capital is authorised as asset manager of collective assets according to the Federal Act on Financial Institutions of 15 June 2018 (“FinIA”) by the Swiss Financial Market Supervisory Authority FINMA, Laupenstrasse 27, CH-3003 Bern, Switzerland, (“FINMA”) and regulated by the latter. Cape Capital may from time to time suspend the operation of the Cape Capital website for repair, maintenance or improvement work, or in order to update or upgrade its content or functionality. Cape Capital may also change the format, content and/or access of the Cape Capital website (including these Terms of Use) at any time at its sole discretion without notice.

 

 

No Solicitation, Offer, Recommendation or Advice

All information and documents published, distributed or otherwise made available on the Cape Capital website are provided for information purposes only. No information or documents published on the Cape Capital website constitutes a solicitation, an offer or a recommendation to buy or sell any collective investment schemes or other financial instruments, to affect any transactions, or to conclude any legal act of any kind whatsoever. The information on the Cape Capital website is solely product-related and does not take into account any personal circumstances and does not qualify as general or personal investment recommendation or advice. Cape Capital does not provide investment, legal, tax or other advice through the Cape Capital website and nothing herein should be construed as such advice. It is important that you read the relevant fund and product documents before you invest in financial instruments to ensure that you understand the investment policy, expenses, specific risks involved and other important matters, to determine whether it is a suitable product for you. We recommend that you contact an independent financial advisor, tax consultant or other qualified expert in order to determine whether an investment in a particular fund corresponds to your specific requirements and preferred level of risk.

 

 

Investment Risk / Performance

The provision of financial services and investments in financial instruments involve opportunities but also bear risks. It is important that you understand these risks before using a financial service or investing in a financial instrument. The most significant risks are explained in the brochure “Risks involved in trading financial instruments” of the Swiss Bankers Association (SBA) as well as in the relevant documents of the respective financial instrument. The value of investments and the income therefrom may fall or rise and investors may not get back the full amount invested. Investors should be aware of the fact that exchange rate fluctuations can exert an influence on investments in foreign currencies. Any performance data on the Cape Capital website represents past performance. Past performance is no indication of current or future performance, and nothing on the Cape Capital website should be interpreted to state or imply otherwise. The performance data do not include commissions and costs incurred by investors when subscribing or redeeming fund shares.

Investments, in particular collective investments in private equity, venture capital and other illiquid assets involve an above-average degree of risk and should be seen as long-term in nature. The level of tax benefits and liabilities will depend on individual circumstances and may be subject to change in the future.

 

Tax

Products and services described on the Cape Capital website may have tax consequences. Any tax considerations and their value must be reviewed by any the individual investor and levels and bases of taxation may change. Cape Capital does not provide tax advice and you must consult your own tax advisor to review any tax consequences of the viewed products and services.

 

 

Disclaimer of Warranties 

The use of the Cape Capital website is at your own risk. The Cape Capital website, together with all content, information and materials contained therein, is provided “as is” and “as available”, without any representations or warranties of any kind. Any materials, information or content accessed, downloaded or otherwise obtained through the use of the Cape Capital website is done at your own risk and Cape Capital is not responsible for any damage to your computer systems or loss of data that results from the download of such material. Cape Capital and its affiliates expressly disclaim all representations or warranties of any kind, whether express or implied, with respect to the Cape Capital website, and all materials, information, content and functionalities contained therein. Although all reasonable care has been taken to ensure that the content, information and materials on the Cape Capital website are accurate, up-to-date, complete, correct, secure, reliable or available, Cape Capital does not warrant the accuracy, timeliness, completeness, correctness, security, reliability or availability of the Cape Capital website or the information or results obtained from the use of the Cape Capital website, or that the Cape Capital website will be available at all times, or is virus- free or error-free. Any content, information and materials on the Cape Capital website may be subject to change or update without notice. Date-marked content, information and materials are exclusively published for the corresponding date. There is no obligation on Cape Capital to update such information. Unless otherwise stated, the numbers/figures on the Cape Capital website are unaudited.

  

Liability for Links

Referrals and links to third party websites are outside our area of responsibility. Any responsibility for such websites is rejected. The access and use of such websites take place at the user's own risk.

 

Copyright

The copyright and all other rights to content, images, photos or other files on the Cape Capital website belong exclusively to Cape Capital or the specifically designated rights holders. The information contained in the Cape Capital website is intended solely for the use of the person who has accessed this information. For the reproduction of any elements, the written consent of the copyright holders must be obtained in advance.

 

Data Protection

Based on Article 13 of the Swiss Federal Constitution and the data protection regulations of the Federal Government (Data Protection Legislation, DPL), every person is entitled to protection of their privacy and to protection against misuse of their personal data. We comply with these regulations. The data is hosted in Switzerland or within the EU. Personal data is kept strictly confidential and is neither sold to third parties nor passed on. In close cooperation with our hosting providers, we endeavour to protect the databases to the best of our ability against unauthorised access, loss, misuse or counterfeiting. When accessing our web pages, the following data is stored in log files: IP address, date, time, browser request and general transmitted information about the operating system or browser. This usage data forms the basis for statistical, anonymous evaluations so that trends can be identified by which means we can improve our offers accordingly.

 

Privacy Statement for the Use of Google Adsense

The Cape Capital website uses Google AdSense, a service for integrating advertisements of Google Inc. (“Google”). Google AdSense uses so-called “cookies”, text files that are stored on your computer and that enable an analysis of the use of the website. Google AdSense also uses so-called web beacons (invisible graphics). These web beacons can be used to evaluate information such as visitor traffic on these pages. The information generated by cookies and web beacons on the use of the Cape Capital website (including your IP address) and delivery of advertising formats are transmitted to and stored by Google on servers in the USA. This information may be passed on by Google to Google contracting parties. However, Google will not merge your IP address with other data you have stored. You can prevent the installation of cookies by setting your browser software accordingly; we point out however that in this case you may not be able to use all the features of the Cape Capital website to their fullest extent. By using the Cape Capital website, you consent to the processing of data concerning you by Google in the manner and for the purpose described above.

 

Privacy Statement for the Use of Google Analytics

The Cape Capital website uses Google Analytics, a web analytics service of Google Inc. "Google". Google Analytics uses so-called "cookies";, text files that are stored on your computer and that enable an analysis of the use of the Cape Capital website by you. The information generated by the cookie about your use of the Cape Capital website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on the Cape Capital website, your IP address will be shortened by Google beforehand within member states of the European Union or other contracting states to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. Google will use this information to evaluate your use of the Cape Capital website, to compile reports on Cape Capital website activity for Cape Capital website operators and to provide other services related to Cape Capital website activity and internet usage. Google may also transfer this information to third parties if required by law or as far as third parties process this data on behalf of Google. The IP address provided by your browser within the framework of Google Analytics will not be merged with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; we point out however that in this case you may not be able to use all the features of the Cape Capital website to their fullest extent. By using the Cape Capital website, you consent to the processing of data concerning you by Google in the manner and for the purpose described above.

  

Privacy Statement for the Use of HubSpot

The Cape Capital website uses HubSpot, a software of HubSpot Inc., USA. This software is used in the field of inbound marketing and helps us, among other things, by means of statistical analysis and evaluation of the logged user behavior, to better coordinate and optimize our marketing strategy. Cookies are used (see below). You can prevent the storage of cookies by setting your browser software accordingly at any time or delete the cookies already stored. Please note that if cookies are blocked, you may not be able to use the services provided on the Cape Capital website to their fullest extent. For more information, see the terms of use and the data protection guidelines of the HubSpot Inc. at http://www.hubspot.com/terms-of-service and http://www.hubspot.com/privacy-policy. All information we collect is subject to this data protection regulation. HubSpot is subject to the TRUSTe's Privacy Seal and the U.S. - EU Safe Harbor Framework and the U.S. - Swiss Safe Harbor
Framework. Contact: HubSpot, 2nd Floor 30 North Wall Quay, Dublin 1, Ireland, phone: +353 1 5187500.

 

Other Disclaimers

The information obtained from MSCI and other data providers, included in reports available from Cape Capital’s website may only be used for your internal purposes, may not be reproduced or re-disseminated in any form and may not be used to create any financial instruments or products or any indices. The MSCI information and that of other data providers is provided on an "as is" basis and the user of this information assumes the entire risk of any use made of this information. MSCI, each of its affiliates and each other person involved in or related to compiling or creating any MSCI information and other data providers, expressly disclaim all warranties (including, without limitation any warranties of originality, accuracy, completeness, timeliness, non-infringement, merchantability, and fitness for a particular purpose) with respect to this information. Without limiting any of the foregoing, in no event shall MSCI or other data provider have any liability for any direct, indirect, special, incidental, punitive, consequential (including, without limitation, lost profits) or any other damages.

 

Social Plugins

Our Cape Capital website use social plugins from social networks (e.g. facebook.com and youtube.com). The plugins can be identified by their logo or relevant social network. The plugins allow you to bookmark these pages and share the bookmarks with other social network users. When you visit a page with plugins on Cape Capital websites, your browser creates a direct connection to the social network servers. The embedded plugins provide the social network with the information that you have accessed the corresponding page of the Cape Capital websites. If you are logged into the social network, your visit can be assigned to your social network account. When you interact with plugins, for example by clicking on a Facebook 'Like' button or entering a comment, the information will be transmitted directly from your browser to the social network and stored there. Even if you are not logged into the social network, there is a possibility that the plugin will transmit your IP address to the social network. For information on the purpose and scope of data processing by the social network, your rights relating thereto and how to set your privacy preferences, see the privacy policy on the website of the social network. We have no influence on the data collected by the plugins.

 

Links to Other Websites

On the Cape Capital website you may be offered automatic links to other websites not hosted by Cape Capital, which might be of interest to you. Since these links are provided only as convenience, Cape Capital does not accept any responsibility for the content of those websites or your use or inability to use such websites, the owners of which do not necessarily have any link, commercial or otherwise, with Cape Capital. The inclusion of any link does not imply affiliation, sponsorship, endorsement, verification or monitoring or approval of any information by Cape Capital. Please be aware that the terms and conditions of such website(s) and the website(s) statement relating to the collection and use of your personal information may be different from those applicable to your use of the Cape Capital website.

 

Cookies

We use cookies on the Cape Capital website. Cookies help us measure the relevance of our content, tailor it to your needs, and make your visit to our website faster and safer. In your browser, you can disable cookies in the settings at any time in whole or in part. If cookies are disabled, you may not have access to all features of the Cape Capital website.

 

Applicable Law and Jurisdiction

Your access, visit to and use of the Cape Capital website, and the present Cape Capital Terms of Use are governed by Swiss laws and regulations. The place of jurisdiction is Zurich, Switzerland.

 

Confirmation

By clicking “Agree and Accept all”, you agree being a Professional Client and Qualified Investor with residence or registered office in Switzerland and storing cookies on your device to enhance site navigation, analyze site usage, and assist in our marketing efforts as described in our Cape Capital Terms of Use and/or (ii) if you do not agree to the Cape Capital Terms of Use, click on the button “Disagree and manage cookies”.

Last updated: November 2023

 

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Utoquai 55
8008 Zürich
Switzerland

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+41 43 888 45 60

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+41 43 888 60 60