Terms & conditions of use user agreement

TERMS OF USE

You should read these terms and conditions and the information carefully before you continue. By accessing and using the Octogone Group’s website, you expressly agree that you have read, understood and agree to be bound by these terms and conditions and the legal information contained below. If you do not agree to these terms and conditions, you should exit the website now.

Preamble

The website is operated by Octogone Gestion Sàrl, Rue De-Candolle 26, 1205 Geneva, Switzerland on behalf of itself, Octogone Family Office Sàrl, Fininvesta Sàrl, Octogone NA LLC, Octogone Fund Management Ltd. and Octogone Middle East Ltd. (collectively “the Octogone Group”).

Octogone Gestion Sàrl is registered in the Companies Registry of the Canton of Geneva.

The website is the exclusive property of the Octogone Group. Its proprietary rights shall not be altered in any way by any reproduction or use of the website.

Local restrictions and Cross-border

The information and services provided on this website are not provided to and should not be used by any person in any jurisdiction where (by reason of that person’s nationality, place of residence or domicile, or for any other reason) the provision or use thereof or the access to this website is prohibited. Any person in respect of whom such interdictions apply must not access or use the website. The products and services described on the website may not be available or may be prohibited to persons dependent on a jurisdiction other than Switzerland (by reason of that person’s nationality, place of residence or domicile, or for any other reason). You should consult for information concerning any restrictions applicable to you regarding the sale of such products and services.

Where Octogone Group is not authorized by the supervisory authority of a certain country, Octogone Group can as a general rule not promote financial services in that country. This website may however contain information, in particular about financial services and products offered by Octogone Group, that may be considered by the supervisory authorities as a public offer of financial products or a canvassing targeting persons domiciled in the concerned countries.

Trademarks and copyright

The logo and trademarks of Octogone are protected by law, and all information contained on the website is protected by copyright. All rights are reserved for third party copyrights. Nothing on the website may be used in any form whatsoever unless specific mention is made of the trademark and copyright protection, and of these terms and conditions.

It is forbidden under any circumstances to set up links, e.g. in the form of hyperlinks or inline links, to this website, to frame it, or to access it through inline links or through a frame, without the prior written approval of the Octogone Group.

It is forbidden to reproduce in whole or in part, transmit by electronic or any other means, modify or use copyright elements of this website for public or commercial purposes without the prior written approval of the Octogone Group.

Use of the website for advertising or commercial purposes, in any form whatsoever, is prohibited without the prior written consent of the Octogone Group.

No offer, solicitation or recommendation

All the information provided, in particular the opinions and analyses published on the website, is provided for information purposes only and should not in any event be construed as an offer, piece of advice or recommendation to buy or sell a particular security or to engage in any transaction whatsoever.

The risks involved in certain investments are not suitable for all investors, and you should consult your adviser to obtain a specific evaluation of your risk profile. We strongly recommend that you seek professional advice before taking investment decisions.

No legal, accounting or tax advice

The Octogone Group information contained on this website should not be construed or interpreted as legal, accounting or tax advice.

Reliability of information

While the Octogone Group makes every reasonable effort to use reliable, comprehensive information, we make no representation or warranty of any kind that the information contained on this website is accurate, complete or up to date. Any decision based on such information is taken at your own risk, and the Octogone Group disclaims all liability or responsibility for any loss or damage that may result directly or indirectly as a result of your use of such information. Moreover, the Octogone Group reserves the right to change the contents of the website at any time without notice.

Investment performance

Past performance is no guarantee nor guide to the future performance of an investment. Investments may increase or decrease in value and an investor may not be able to recover the initial investment made. Exchange rates may also cause the value of an investment to rise or fall.

Disclaimer of warranty and limitation of liability

Neither the Octogone Group, its officers, directors, employees, affiliates and shareholders, nor any third party information providers, their officers, directors, employees, affiliates and shareholders will be liable or responsible for any loss or damage of any nature whatsoever that any User may incur directly or indirectly as a result of User’s access to this website or of the use of information or opinions available through the website or of User’s inability to access or use the website or the information or opinions contained therein. In particular, in no event will the Octogone Group, its officers, directors, employees, affiliates and shareholders be liable or responsible for any loss or damage incurred as a result of a technical or other error, failure to transfer information, a surcharge of the system, problematic use, interruption of service (including but not limited to maintenance service), a delay in the transmission of information, incompatibility between this website and User’s files and/or software (including User’s browser) and/or computer, any dysfunction or interference, the transmission of a virus or worm to User’s computer, illegal access (e.g. hackers), the intentional blocking of telecommunication tools and networks (e.g. as a result of massive e-mail or denial of access attacks) or for any other error or omission of network or telecommunications providers or operators.

Severability

Should any provision or part thereof of these terms and conditions be held to be illegal, invalid or unenforceable under any present or future laws or by any court of competent jurisdiction, it shall in no way cause the invalidation, cancellation or unenforceability of any other provision of these terms and conditions. The illegal, invalid or unenforceable provision or part thereof shall be modified to the minimum extent necessary to make such provision legal, valid or enforceable, as the case may be.

Governing law and jurisdiction

All legal relations between the User and the Octogone Group shall be governed by and construed in accordance with the laws of Switzerland. The place of performance, the exclusive place of jurisdiction for any type of proceedings and the place of proceedings for debt or bankruptcy against any User of the website not domiciled or resident in Switzerland shall be Geneva, subject to compulsory jurisdiction provided by applicable Swiss legislation and international conventions ratified by Switzerland. The Octogone Group shall nevertheless reserves the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.

Amendment of terms and conditions

The Octogone Group reserves the right to change these terms and conditions at any time. Such changes are shown on the website. By viewing and using the website, you expressly agree to all such new terms and conditions.

Data protection

The Octogone Group does not guarantee the confidentiality and security of e-mail communications. You should be aware that data sent via the Internet can be accessed by unauthorised third parties. There is therefore no guarantee that unauthorised third parties may not gain access to such information and conclude the existence of contacts with the Octogone Group.

Discharge

The Octogone Group disclaims all responsibility for any liability or damage of any kind resulting from the unavailability of the website or any portion thereof or from the use of the website.

Links

The Website may provide automatic links to other websites. You use such links to any external websites entirely at your own risk and the Octogone Group therefore accepts no liability for their content or for the products, services or other offers available through them.