Legal conditions / conditions of use
1. General notes
The websites under the domain names www.bendurafunds-alpha.li, www.valartisfunds.li, www.fundmanagement.li and www.fondsleitung.li (hereinafter: the BFMA Website) are the property of BENDURA FUND MANAGEMENT ALPHA AG and contain among other things general information as well as information, notes, documents, charts and key figures specific to funds that are managed by BENDURA FUND MANAGEMENT ALPHA AG or its subsidiaries.
Where reference is made in this document to “BFMA”, it shall be taken to refer to and include BENDURA FUND MANAGEMENT ALPHA AG, Schaaner Strasse 27, FL-9487 Gamprin-Bendern, Liechtenstein, and its subsidiaries.
Please read the following legal conditions (“Conditions of Use”) carefully before accessing the BFMA Website. By accessing the BFMA Website you declare that you have understood the Conditions of Use and accept them in their entirety. If you have not understood or do not accept one or more of the Conditions of Use, please quit the BFMA Website.
3. Limited access
None of the information on the BFMA Website is intended to be accessed by persons or companies from countries in which access to that information would give rise to any registration obligation on the part of BFMA.
Such access is not permitted for persons who or companies which, on account of their permanent or temporary residence, their nationality or other criteria, are subject to a jurisdiction in which access to the information on the BFMA Website is forbidden. Persons or companies to which such restrictions apply are not permitted to have access to the BFMA Website.
4. Restrictions on access in the United States
The investment funds mentioned on the BFMA Website are not authorised in the USA under the Securities Act of 1933, nor is BFMA authorised in the USA pursuant to the Investment Company Act of 1940. The funds created by BFMA must not be offered, sold or delivered to persons domiciled in the USA or to US nationals except where such activity does not violate any Liechtenstein or US law.
5. No recommendation, no offer
The content, information and opinions published on the BFMA Website do not constitute a public advertisement, a recommendation, an invitation, an offer or a solicitation to make an offer (i) to buy or sell investment instruments, (ii) to execute other transactions or (iii) to conclude other legal transactions of any kind. They are provided for information only. It is possible that the investment instruments and services described are not suitable for you or available to you.
6. No advice
The information provided on the BFMA Website does not constitute a basis for decision-making on economic, legal, tax or other consultancy matters. It is not suitable as a basis for decision-making. Investments in funds or decisions to launch your own fund should not be made until you have thoroughly studied other documentation and discussed the matter with us in person and/or obtained advice from suitably qualified consultants.
7. No guarantee or warranty
BFMA does not offer any warranty (either explicitly or implicitly) or give any guarantee (including to third parties) that the information and opinions published on the BFMA Website are correct, accurate, complete, true and up-to-date. In particular BFMA is under no obligation whatsoever to remove outdated information and opinions from the BFMA Website or to designate them as such.
The information provided on the BFMA Website has been compiled the utmost care or taken from sources diligently selected and regarded as reliable by BFMA. However, the published information and opinions lay no claim to being up-to-date, complete or correct. In spite of all the diligence exercised by BFMA such information and opinions may in the interim have changed or proven to be based on erroneous information from third parties. BFMA does not offer any warranty that the content or the information and opinions that form part of such content published on the BFMA Website are correct, complete or up-to-date. BFMA is under no obligation to update information once it has been published.
8. No liability
BFMA expressly excludes any liability on its own part for any direct or indirect loss, damage or subsequent damage, whether physical or intangible, that might be incurred as a result of the use of or access to (or inability to gain access to) the BFMA Website or as a result of access to third-party hyperlinks found on the BFMA Website. All access to the BFMA Website shall be exclusively at the user’s own risk and on his own responsibility.
In addition, BFMA excludes any liability in respect of manipulations of the Internet user’s IT system by unauthorised parties. BFMA expressly draws attention to the danger posed by viruses and to the possibility of hacking attacks. The use of up-to-date browser versions and anti-virus software is therefore urgently recommended. E-mails from unknown senders should not be opened.
BFMA makes every effort to ensure the secure operation of the BFMA Website. It is nevertheless impossible to rule out defects, e.g. data loss, data falsification, virus attacks, operational outages, etc. BFMA accepts no liability and offers no warranty that (i) the functions of the BFMA Website will always be available without error or interruption and that (ii) the BFMA Website and other components used in connection with access to the BFMA Website are free of harmful elements (and viruses in particular).
9. No orders
Any data input fields present on the BFMA Website (e.g. contact form) are not made available for the placement of orders to BFMA (e.g. for the sale/purchase of investment instruments), unless explicitly designated as such. Orders placed in this manner shall not be executed by BFMA, even if the party that placed such an order is not notified to that effect.
10. Potential conflicts of interest
It is possible that, to the extent permissible by law and/or regulatory provisions, BFMA itself and/or its directors, managers and employees have invested in the past, are currently investing or will in future invest in investment instruments on which the BFMA Website contains information or opinions. It is also possible that BFMA has rendered in the past, is currently rendering or will in future render services (e.g. corporate finance, market-making or other services) to the issuers of such investment instruments. Nor is it possible to rule out the eventuality that BFMA directors, managers and employees have worked, are still working or will work (e.g. as directors) for the issuers of such investment instruments. Thus BFMA itself and/or its directors, managers and employees might have an interest in the future performance of the investment instruments concerned.
11. Links to third-party Internet content
The BFMA Website includes references to third-party Internet content accessible via hyperlink. These links are provided for reasons of connectivity and for your convenience. It should be noted that such Internet content is completely beyond the control of BFMA. BFMA cannot accept any liability for such content (its accuracy, completeness and legality) and the offers it contains (regarding products, services, other offers, etc.). Activation of such hyperlinks is therefore exclusively at the user’s own risk and on his own responsibility. Hyperlinks that lead from a third-party website to the BFMA Website shall always require the express consent of BFMA in writing and in advance.
12. Notes on risk
The value of investments can rise or fall. The past performance of investments is not a reliable guide to their future performance. Investments denominated in foreign currencies are also exposed to exchange rate fluctuations. Highly volatile investments may be exposed to sharp price fluctuations. Such price fluctuations may equal or even exceed the amount invested. BFMA offers no warranty regarding (i) the increase in value or preservation of the capital invested in investment instruments, or (ii) the size of future distributions.
There is thus no guarantee that the invested capital will be preserved. Furthermore, potential investors should inform themselves of the tax consequences that might arise in their country of residence for investors who hold, buy or sell invest products and, where necessary, seek advice in their country of residence.
13. Data protection and security
BFMA expressly draws attention to the fact that data transmitted over an open network such as the Internet or an e-mail service are essentially transmitted in unencrypted format, making it relatively easy for third parties to access them. BFMA cannot guarantee the confidentiality of messages or documents transmitted over such an open network. If you disclose personal details (name, address, telephone number, etc.) to us via the BFMA Website, in spite of all our technical precautions we cannot guarantee that third parties will not have sight of them, gather them, exploit them and monetise them without your consent or infer the existence of contact between yourself and BFMA. In addition, such data may be routed across national borders even if the sender and recipient are both located in the same country.
Your data may be lost or captured by unauthorised third parties during transmission. BFMA cannot accept any responsibility for the security of your data during transmission via the Internet or any liability for direct or indirect losses arising. For reasons of data protection and security the user is advised to use other means of communication when contacting BFMA. When accessing the BFMA Website specific cookies or web bugs might be employed to gather non-personal data concerning usage of the BFMA Website. These include technical information, such as the user’s IP address, the browser used, the duration of site access, the pages viewed, etc.
These data are protected against unauthorised parties and shall not be disclosed to third parties outside BFMA. Data sent to BFMA shall be used exclusively to answer enquiries, to improve our Internet presence or for communication purposes. All automated information gathered and stored by BFMA shall be analysed anonymously and exclusively for internal administrative purposes, e.g. to determine how many site visits took place on which days. Analyses relating to particular individuals shall not be conducted unless the user expressly and deliberately makes such data available for such purposes. All usage and disclosure of such data shall be in accordance with the laws and regulations currently in force. In certain circumstances the data gathered by BFMA may be forwarded to the authorities insofar as this is prescribed or permitted by law.
For its part BFMA shall take all appropriate measures to ensure that personal data cannot be accessed by third parties, with the exception of contractual partners providing services to the user at the behest of BFMA.
The BFMA Website may employ Google Analytics. Whether and at what times BFMA uses Google Analytics shall be decided at the sole discretion of BFMA. The following data protection declaration relates explicitly to this additional service.
Data protection declaration regarding the use of Google Analytics: This Website makes use of Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, text files which are stored on your computer and make it possible to analyse your use of the website. The information generated by the cookie concerning your use of this Website is normally transmitted to a Google server in the USA and stored there. If you activate the IP anonymisation function on this Website, however, within the member states of the European Union or the European Economic Area your IP address will first be abbreviated by Google. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and abbreviated there. At the behest of the operator of this Website, Google will use this information to analyse your use of the Website, to compile Website activity reports and to provide the operator of this Website with additional services in connection with usage of the Website and the Internet. The IP address communicated by your browser during Google Analytics activities shall not be pooled with other Google data. You may prevent cookies from being saved on your computer by choosing the relevant setting in your browser software; however, we would draw your attention to the fact that, if you do so, you might not be able to make full use of all functions of this Website. You also have the option of preventing transmission of the data generated by the cookie relating to your use of the Website (including your IP address) to Google and the processing of such data by Google by downloading and installing the browser plug-in available via this link [insert link here. The current link is tools.google.com/dlpage/gaoptout].
The entire content and structure of the BFMA Website are protected by copyright. All rights are reserved. Users shall not be permitted to reproduce all or part of the BFMA Website or its elements, to transmit them electronically or by other means, to modify them or use them for public or commercial purposes or to link them to other sites without the prior written consent of BFMA. Users shall be expressly permitted to print out or save to disk individual parts of the BFMA Website, providing all existing copyright references and other legally protected designations of BFMA are retained without alteration. In saving or otherwise reproducing the software or other data on the BFMA Website the user shall be deemed to have accepted the relevant Conditions of Use. All property rights shall remain with BFMA.
The company designations “BENDURA”, “BENDURA Group”, “BENDURA BANK” and “BENDURA FUND MANAGEMENT ALPHA AG” and all associated logos are trademarks of BENDURA BANK AG or its subsidiaries. All other trademarks, product names and company names and/or logos mentioned on this site are the exclusive property of their respective owners. All rights are reserved.
16. Amending information
BFMA reserves the right to delete, amend or supplement the information and opinions on the BFMA Website at any time without prior notice.
17. Applicable law, place of jurisdiction
All use of the BFMA Website and these Conditions of Use and legal conditions shall be governed by Liechtenstein law. The exclusive place of jurisdiction is Vaduz.