LAST UPDATED ON MARCH 06, 2024
LEGAL DISCLOSURE
TERMS AND CONDITIONS
Fund About (FA) and its members, officers, directors, owners, employees, agents, representatives, suppliers and service providers (collectively “PHC”) provides this website (the “Site”) for informational purposes only. Use of and access to the Site and the information, materials, services, and other content available on or through the Site (“Content”) are subject to these terms of use and all applicable laws.
NO INVESTMENT ADVICE
The Content is for informational purposes only, you should not construe any such information or other material as legal, tax, investment, financial, or other advice. Nothing contained on our Site constitutes a solicitation, recommendation, endorsement, or offer by FA or any third party service provider to buy or sell any securities or other financial instruments in this or in any other jurisdiction in which such solicitation or offer would be unlawful under the securities laws of such jurisdiction.
All Content on this site is information of a general nature and does not address the circumstances of any particular individual or entity. Nothing in the Site constitutes professional and/or financial advice, nor does any information on the Site constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. FA is not a fiduciary by virtue of any person’s use of or access to the Site or Content. You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information or other Content on the Site before making any decisions based on such information or other Content. In exchange for using the Site, you agree not to hold FA, its affiliates or any third party service provider liable for any possible claim for damages arising from any decision you make based on information or other Content made available to you through the Site.
INVESTMENT RISKS
There are risks associated with investing in securities. Investing in stocks, bonds, exchange traded funds, mutual funds, options, and money market funds involve risk of loss. Loss of principal is possible. Some high risk investments may use leverage, which will accentuate gains & losses. Foreign investing involves special risks, including a greater volatility and political, economic and currency risks and differences in accounting methods. A security’s or a firm’s past investment performance is not a guarantee or predictor of future investment performance.
THIRD PARTY LINKED SITES
As a convenience to you, FA may provide hyperlinks to web sites operated by third parties. When you select these hyperlinks you will be leaving the FA site. Because FA has no control over such sites or their content, FA is not responsible for the availability of such external sites or their content, and FA does not adopt, endorse or nor is responsible or liable for any such sites or content, including advertising, products or other materials, on or available through such sites or resources. Other web sites may provide links to the Site or Content with or without our authorization. FA does not endorse such sites and shall not be responsible or liable for any links from those sites to the Site or Content, or for any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. FA may, in its sole discretion, block links to the Site and Content without prior notice.
YOUR USE OF THIRD PARTY WEB SITES AND CONTENT, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES, IS AT YOUR OWN RISK AND IS SUBJECT TO THEIR TERMS OF USE.
USE OF COOKIES
FA’s website utilizes different technologies to collect, store, and aggregate data about website usage. We may use electronic tags called “cookies” to help us understand and analyze the use of our site. This work is either performed directly by us or by a third party we’ve hired to assist us. We collect information about which pages have been accessed and for how long, the country the user accesses the site from, and certain technical information regarding the user’s computer and operating systems, such as user’s Internet protocol address, domain name, and browser, etc.
Certain sections of FA’s site require cookies to be enabled to enhance site performance. For example, cookies provide a secure way for us to verify user identity during a session and any return visits; they will allow us to personalize a user’s experience on our sites and help enhance site navigation. Cookies also help us to understand how people use our sites so we can improve site functionality.
When a user comes to the website, our server sends a cookie to the user’s computer. Standing alone, cookies do not identify the user personally; they merely recognize the user’s browser. Generally, personally identifiable information is obtained by us only when a user decides to provide it, such as requesting additional information via email or personal information. We use two types of cookies on our sites: temporary cookies and persistent cookies. Temporary cookies are used to store information during a browser session and will expire shortly after concluding a visit to one of our sites. Persistent cookies are used to store information between visits to one of our sites and are stored on the hard drive of a user’s computer until they are deleted manually or automatically by the user’s browser settings.
QUALIFICATIONS AND RESTRICTIONS
Access to Fund About (FA) and its projects is strictly limited to individuals and entities that can form legally binding contracts under applicable law. The Site and its Content are intended solely for ultra-high net worth individuals, family offices, and institutional investors who meet certain minimum financial criteria. Before accessing any service provided by FA, all users must demonstrate compliance with applicable eligibility criteria and must agree to abide by our terms and conditions. This may include, but is not limited to, providing documentation evidencing the user’s net worth, assets under management, or investor accreditation status.
NOT AN OFFER OR SOLICITATION
This Site and the information contained herein are not an offer to sell or a solicitation of an offer to buy any security or investment product. Any such offer or solicitation can only be made by means of a formal offering document, which includes a detailed description of the terms of the investment, the risks involved, and potential returns. Such documents are available only to individuals and entities that have been pre-qualified by FA as meeting the investment criteria.
NO SECURITIES REGISTRATION
FA, its affiliates, and its projects do not constitute “securities” as defined under the Securities Act of 1933, the Securities Exchange Act of 1934, or under any state securities laws. FA and its projects have not been registered or approved by the Securities and Exchange Commission (SEC) or any state securities commission or regulatory authority. FA does not operate as a securities dealer or broker and, as such, does not purport to engage in or facilitate securities transactions.
GOVERNING LAW AND JURISDICTION
These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction in which FA operates, without giving effect to any principles of conflicts of law. By accessing this Site, you agree that any legal action or proceeding relating to this Site shall be brought exclusively in the courts of that jurisdiction.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless FA, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
DISCLAIMER OF WARRANTIES
The Site and its content are provided on an “as is” and “as available” basis. FA makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on this Site. To the full extent permissible by applicable law, FA disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. FA will not be liable for any damages of any kind arising from the use of this Site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
LIMITATION OF LIABILITY
Under no circumstances shall FA, its affiliates, or any of their directors, officers, employees, agents, or service providers be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, the Site or the information or services provided on this Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if FA has been advised of the possibility of such damage.
MODIFICATION AND NOTICE
FA reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time by posting the amended terms on the Site. Please check these terms periodically for changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.
This legal disclaimer and the terms and conditions herein are comprehensive and designed to ensure that all users of the Site fully understand their rights and obligations in accessing and using the information and services provided by FA. By accessing and using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions.
SWITZERLAND AND EUROPEAN UNION
APPLICABLE LAWS AND REGULATIONS
The services and information provided by Fund About (FA) are also subject to the legal and regulatory requirements of Switzerland and the European Union. Users accessing the Site from Switzerland, the EU, or any other jurisdiction where our services may be accessed must ensure they are compliant with local laws and regulations in addition to the terms and conditions set forth herein.
DATA PROTECTION AND PRIVACY
FA is committed to protecting the privacy and security of our users’ information in accordance with the Swiss Federal Act on Data Protection (FADP) and the General Data Protection Regulation (GDPR) of the European Union. Personal data collected from users will be processed lawfully, fairly, and in a transparent manner for specified, explicit, and legitimate purposes. Users have the right to access, rectify, erase, restrict processing of, or object to the processing of their personal data, as well as the right to data portability in accordance with applicable laws.
CROSS-BORDER DATA TRANSFER
Personal data collected by FA may be stored and processed in Switzerland, the European Union, or any other country where FA or its affiliates, subsidiaries, or service providers maintain facilities. FA ensures that adequate measures, consistent with the requirements of the Swiss FADP and EU GDPR, are in place to protect the privacy and integrity of such data during cross-border transfers.
REGULATORY DISCLOSURES
FA operates in compliance with Swiss law and regulations governing financial services and investment activities. In addition, FA acknowledges the regulatory framework of the European Union and strives to operate in a manner that is compliant with relevant EU directives and regulations affecting investment services. However, FA does not purport to be a financial institution or a licensed broker-dealer in Switzerland, the European Union, or any other jurisdiction. Users are advised to seek independent legal and financial advice before engaging in any investment activity.
ANTI-MONEY LAUNDERING (AML) AND COUNTER-TERRORIST FINANCING (CTF)
In accordance with Swiss and EU legislation on anti-money laundering and counter-terrorist financing, FA implements robust policies and procedures to prevent, detect, and report potential money laundering or terrorist financing activities. Users may be required to provide additional information and documentation to verify their identity and the source of their funds as part of our due diligence process.
RISK DISCLOSURE
Investment products and services offered by FA are subject to market risks, including the loss of principal. Investors should be aware that the regulatory protections available in Switzerland and the European Union may differ from those in other jurisdictions, and are encouraged to familiarize themselves with these protections.
JURISDICTION AND GOVERNING LAW
The terms and conditions, including this legal disclaimer, are governed by and construed in accordance with Swiss law without giving effect to any principles of conflicts of law. Any legal action or proceeding relating to your access to, or use of, the Site or Content shall be instituted in a competent court in Switzerland. Similarly, disputes arising under the EU jurisdiction shall be addressed in accordance with EU laws and regulations.
MODIFICATION OF TERMS
FA reserves the right to modify these disclosures and any part of the legal disclaimer to comply with Swiss and EU legal and regulatory requirements. Users are encouraged to review these terms regularly to ensure compliance.