Disclaimer & Data Protection
Legal information / conditions of use
1. General information
The web pages under the domains www.valartisfunds.li, www.fundmanagement.li and www.fondsleitung.li (hereinafter the “VFM website”) belong to Valartis Fund Management (Liechtenstein) AG and contain among other things general information, more specific facts and information, documents, charts and key figures pertaining to individual investment undertakings administered by Valartis Fund Management (Liechtenstein) AG or Valartis Mutual Fund AG & Co. KG (“VFM” for short).
For the purposes of this document the abbreviation “VFM” refers collectively to both Valartis Fund Management (Liechtenstein) AG, Schaaner Strasse 27, FL-9487 Gamprin-Bendern, Liechtenstein, and VFM Mutual Fund AG & Co. KG, Schaaner Strasse 27, FL-9487 Gamprin-Bendern, Liechtenstein.
2. User’s agreement
Please read the following conditions of use carefully before accessing the VFM website. By accessing the VFM website you declare that you have understood and accept the conditions of use in their entirety. If you have not understood or do not accept one or more of the conditions of use, we would kindly ask you to quit the VFM website.
3. Limited access
None of the information on the VFM website is intended for access by persons or legal entities from countries in which the act of accessing this information would give rise to a duty of registration on the part of VFM.
Access to the VFM website is not permitted for persons or legal entities subject by virtue of their domicile, their place of permanent or temporary residence, their nationality or other criteria to a jurisdiction in which access to the information on the VFM website is forbidden. Persons or legal entities to whom such restrictions apply must not access the VFM website.
4. Access restrictions – United States of America
The investment undertakings mentioned on the VFM website are not authorised in the USA under the Securities Act of 1933 or under the Investment Company Act of 1940. The investment undertakings established by VFM must not be sold, offered or transferred to persons domiciled in the USA or persons of US nationality. VFM does not make the products and services described on the VFM website available to US persons.
5. Neither a recommendation, nor an offer
The information, opinions and other content published on the VFM website do not constitute a solicitation, recommendation, offer or invitation to make an offer (i) to buy or sell investment instruments, (ii) to effect other transactions or (iii) to engage in any other legal transaction. This applies in particular to persons domiciled in the USA and persons of US nationality. The VFM website content is provided purely for information. It is quite possible that the investment instruments and services described herein are unsuitable for you or unavailable to you.
6. No advice
The information provided on the VFM website does not constitute financial, legal, tax or other advice or material for use in making related decisions. It is not a suitable basis for investment decisions. Investments in investment undertakings or decisions to launch proprietary investment undertakings should be made only after thorough examination of further documentation and the arrangement of a meeting in person and/or an advisory session.
7. No guarantee, no warranty
VFM cannot warrant (either explicitly or implicitly) and offers no guarantee (including to third parties) that the information and opinions published on the VFM website are correct, accurate, complete, true and up to date. In particular VFM is in no way obliged to ensure that outdated information or opinions are updated, removed from the VFM website or identified as such.
The information and opinions provided on the VFM website were compiled with the utmost diligence based on sources carefully selected and considered reliable by VFM. However, VFM cannot warrant that said information and opinions are complete, up to date or correct. Despite every care taken by VFM said information and opinions may have changed in the interim or be based on inaccurate information supplied by third parties. VFM offers no warranty that the information, opinions and other content of the VFM website are accurate, complete and up to date. VFM is under no legal obligation to update information it has published.
8. No liability
VFM expressly excludes any liability for direct or indirect loss, damage or consequential damage – whether material or immaterial – arising from the use of or access (or the failure of access) to the VFM website or from access to third-party hyperlinks to other sites present on the VFM website. Persons accessing the VFM website do so expressly of their own accord and at their own risk.
In addition, VFM excludes any liability for any manipulations of the Internet user’s IT system by unauthorised persons. VFM expressly draws the user’s attention to the threat of digital viruses and the possibility of hacking attacks. Therefore VFM urgently recommends that up-to-date browser versions and anti-virus software be employed. E-mails from unknown sources should not be opened.
VFM does its utmost to ensure the smooth operation of the VFM website. However, it cannot rule out the possibility of problems such as data loss, data falsification, virus attack, operational interruption, etc. VFM gives no warranty or guarantee that (i) the VFM website functions will be available without error or interruption and (ii) the VFM website and other components used in connection with access to the VFM website are free of harmful elements (in particular, computer viruses), and VFM cannot accept any liability in these respects.
9. No order placement
Data entry fields on the VFM website (e.g. contact form) are not provided for the purpose of giving instructions or orders to VFM (e.g. for the sale/purchase of investment instruments), save where expressly designated as such. Any instructions or orders given in this manner will not be executed by VFM, and the person giving them will not be notified accordingly.
10. Potential conflicts of interest
It is possible that, to the extent permitted by law and/or the regulatory regime, VFM itself and/or its directors, managers and employees have invested in the past, are currently investing or will invest in the future in instruments on which the VFM website contains information or opinions. It is also possible that VFM has provided services (e.g. corporate finance or market-making services) to the issuers of such investment instruments in the past, is currently providing such services or will provide them in the future. It is likewise conceivable that directors, managers or employees of VFM have worked for the issuers of such investment instruments in the past, currently work for them or will work for them in the future (e.g. as directors). Therefore VFM itself and/or its directors, managers or employees could have a vested interest in the future performance of certain investment instruments.
11. Links to third-party Internet content
The VFM website partly contains third-party Internet content that is accessible via hyperlink. These links are provided for reasons of connectivity and for your convenience. It should be noted that such third-party Internet content is entirely not beyond the control of VFM. VFM cannot accept any liability for such content (i.e. its accuracy, completeness and legality) or any offer made therein (of products, services, etc.). Users activating such hyperlinks therefore do so of their own accord and at their own risk. Hyperlinks leading from a third-party website to the VFM website are in all cases subject to the express prior written consent of VFM.
12. Note on risk
The value of investments may rise and fall. The future performance of investments cannot be deduced from their past performance. Investments denominated in foreign currencies are also exposed to exchange rate fluctuations. Highly volatile investments may be exposed to sharp price fluctuations. Such fluctuations may be equal in value to or even exceed the amount invested. VFM offers no guarantee in respect of (i) the increase in or preservation of the capital invested in investment instruments, and (ii) the amount of future distributions.
Thus no guarantee can be given that the value of the invested capital will be preserved. Potential investors should furthermore ensure that they are fully informed of the possible tax implications of acquiring, holding and selling investment products at their place of domicile and, where necessary, should seek professional advice at their place of domicile.
13. Data protection and security
VFM explicitly draws your attention to the fact that data transmitted over an open network such as the Internet or an e-mail service are usually unencrypted and may in theory be viewed by anyone. VFM cannot guarantee the confidentiality of messages or documents transmitted via such open networks. If you disclose your particulars (name, address, telephone number, etc.) to us via the VFM website, it is conceivable that, in spite of all technical precautions, third parties might without your consent gain access to such information and collate, use or exploit it or else infer from it, that you have dealings with VFM. Moreover, such data may at times circulate across national borders, even if the sender and intended recipient are in the same country.
Your data could be lost during transmission or captured by unauthorised third parties. VFM cannot accept any responsibility for the security of your data during transmission over the Internet and excludes any liability for any direct and indirect losses. For reasons of security and data protection, users are advised to contact VFM by some other means of communication.
Specific cookies or web bugs could be used when accessing the VFM website in order to obtain non-personal data concerning use of the VFM website. Such data might include technical information such as the user’s IP address, the browser used, the time the site was accessed, which pages were visited, etc.
These data are protected from unauthorised persons and are not disclosed to parties outside VFM. Data sent by you to VFM shall be used exclusively in response to surveys, to enhance VFM’s Internet presence or for communication purposes. All automated information received and stored by VFM shall be interpreted in anonymous format and solely for internal administrative purposes, e.g. to establish how many hits the site receives on which days. Data shall not be interpreted in a manner specific to any individual unless the user has expressly and knowingly made the data available for such purposes. The use and forwarding of such data takes place exclusively in compliance with the applicable legislation and regulations. Data collected by VFM may in certain circumstances be disclosed to official bodies to the extent such disclosure is permitted or prescribed by law.
For its part, VFM shall take all appropriate measures to ensure that unauthorised third persons cannot gain access to personal data. This shall not apply to contractual partners who provide services to the user at the behest of VFM.
Google Analytics:
The VFM website is ready for use of Google Analytics. Whether and at what time VFM uses Google Analytics is left to the sole discretion of VFM. The following data protection declaration refers explicitly to this additional service.
Data protection declaration for the use of Google Analytics:
This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so-called “cookies”, text files that are saved on your computer and make it possible to analyse how you use the website. The information on your use of the website produced by the cookie is normally transmitted to and stored on a Google server in the USA. However, if the IP anonymising function is activated on the website, your IP address will be abbreviated by Google within all European Union member states and other signatories to the convention establishing the European Economic Area. Only in exceptional circumstances will your full IP address be transferred to a Google server in the USA and abbreviated there. At the behest of the website operator, Google will use this information to evaluate your use of the website in order to compile reports on website activity and provide further services to the website operator in relation to website use and Internet use. The IP address supplied by your browser as part of the Google Analytics process will not be combined with other Google data. You can prevent the cookies from being saved by means of a setting in your browser software; however, we would draw your attention to the fact that, in that case, you may find that you cannot use all the website functions to their full extent. In addition, you can prevent the data relating to your website use that are produced by the cookie (incl. your IP address) from being sent to Google or processed by Google by downloading the browser plug-in available via the following link and installing it [the current link is http://tools.google.com/dlpage/gaoptout?hl=de].
14. Copyright
The entire content and structure of the VFM website is protected by copyright. All rights are reserved. Any party wishing to reproduce some or all of the VFM website or its content, to transmit it electronically or by other means, to modify it or make use of it for public or commercial purposes or to establish hyperlinks leading to the VFM website must first obtain permission in writing from VFM. Explicit permission is hereby given to print or save individual sections of the website providing all existing copyright notices and other legally protected references to VFM are retained without modification. Anyone saving or otherwise duplicating software or other data on any VFM website shall be deemed to have accepted the applicable conditions of use. All ownership rights shall remain with VFM.
15. Trademark
The firm names “VALARTIS”, “VALARTIS GROUP”, “VALARTIS BANK” and “VALARTIS FUNDS” and all associated logos are trademarks of the Valartis Group AG and/or of its subsidiaries. All other trademarks, product names and firm names and/or logos mentioned on this site are the exclusive property of their respective owners. All rights are reserved.
16. Changes to information
VFM reserves the right to delete, modify or supplement the information and opinions provided on the VFM website at any time without notice.
17. Applicable law, place of jurisdiction
Use of the VFM website, these conditions of use and the legal information given here shall be governed by and construed in accordance with Liechtenstein law. The exclusive place of jurisdiction is Vaduz.