TERMS OF USE
Please read the following legal terms and conditions of use (“Terms of Use”) carefully before accessing the website (the “Website”) of Demiurge Technologies AG. By accessing the Website, you confirm that you have read and understood the Terms of Use and agree to all the terms set out herein. If you do not understand or do not agree to any of the terms contained in the Terms of Use, do not access or use this Website in any way.
1. GENERAL PROVISIONS
The Website is owned and operated by Demiurge Technologies AG and its affiliates (referred to collectively in this Terms of Use as “Demiurge,” “we,” “us,” “our” and other similar pronouns). This Website offers certain information about the methodology and technology of Demiurge. Access is restricted to qualified investors only and therefore, any and all information provided on the Website is solely directed at such qualified investors. It is not allowed to directly or indirectly grant access to information or distribute information to other person other than qualified investors. No information on the Website is intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution, publication or use would be contrary to local law or regulation or in which Demiurge does not hold any necessary registration or license. Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use the Website.
2. USE OF INFORMATION AND MATERIAL
This Website is intended for information purposes only and is provided without any warranty of any kind, either expressed or implied. These statements are not guarantees of future performance, condition or results. Actual results may differ materially from those in the forward‐looking statements as a result of a number of factors. Demiurge undertakes no duty or obligation to publicly update or revise the forward‐looking statements or other information contained in this presentation. You should not view information related to the past performance of Demiurge and its affiliated funds or information about the market, as indicative of future results, the achievement of which cannot be assured. While some information used in this document may have been obtained from various published and unpublished sources considered to be reliable, Demiurge neither guarantees its accuracy or completeness nor accepts liability for any direct or consequential losses arising from its use. Amounts and percentages may reflect rounding adjustments and consequently totals may not appear to sum.
Demiurge reserves the right to change these Terms of Use from time to time. Please read them whenever you access the Website to ensure that you agree to the terms of any amended version. If you do not understand or do not agree to any of the terms contained in the Terms of Use currently in effect, do not access or use this Website in any way.
3. NO SOLICITATIONS, ADVICE OR OFFERS
None of the information on this website does, by itself, constitute an offer or solicitation, or an offer to sell, shares of any of the funds or any advisory or management service in any jurisdiction and and is subject to change without notice. None of the information on this Website should be construed as to provide tax, legal or investment advice.
Any offer or solicitation with respect to any securities that may be issued by Demiurge will be made only by means of definitive offering memoranda or prospectus, which will be provided to prospective investors who meet certain eligibility requirements and will contain material information that is not set forth herein, including risk factors relating to any such investment. Before making an investment, you must obtain and carefully read all information needed to evaluate the investment, including, but not limited to the documents providing important disclosures regarding risks, fees and expenses. An investment in Demiurge may be volatile and can suffer from adverse or unexpected market moves or other adverse events. Investors may suffer the loss of their entire investment. An investment in Demiurge will be discrete from an investment in any funds or other investment programs managed by Demiurge and the results or performance of such other investment programs is not indicative of the results or performance that will be achieved by Demiurge or such investment programs. Moreover, neither the realized returns nor the unrealized values attributable to Demiurge or one of its affiliated funds are directly applicable to an investment in any other Demiurge affiliate fund. Users are urged to base their investment decisions upon a thorough investigation and to obtain all necessary professional advice.
4. INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARKS
All components of the Website, including copyrights, computer programs, trademarks, service marks, trade names, logos, domain names, designs, analysis, methods, rights in databases, and any other work results, intellectual property and related rights, in all cases whether or not registered or registerable, and any and all right, title, claim, interest, benefit and entitlement in and to any and all of the before stated, including applications and priority rights in and derived from the Website (the “IP Rights”), are the property of Demiurge or third parties. Users shall not acquire any IP Rights, including rights in or to any software, trademarks or components of the Website, by downloading or printing any material from the Website. Copyright notices and trademarks may not be changed or removed. Components of the Website may not be reproduced in whole or in part in any manner or form (including electronic or printed form) without the prior written consent of Demiurge.
5. PRIVACY POLICY
Please Read our Privacy Policy, which explains how personal information you provide to us will be used. The Privacy Policy forms an integral part of these Terms of Use.
6. DISCLAIMER OF WARRANTIES
Demiurge has exercised the professional care in compiling the information contained on this Website. However, Demiurge makes no representation or warranty (whether express or implied) that any information published on the Website is accurate, reliable, up-to-date or complete. Demiurge is under no obligation whatsoever to update or remove outdated information from the Website or to mark them as being outdated. The information contained on the Website are subject to change at any time without notice. Moreover, no warranty is given that the Website will operate error free or without interruption, that any faults will be corrected, or that the Website and servers from which information is accessible will be free of viruses, trojan horses, worms, software bombs or other harmful components and programs and Demiurge accepts no liability in respect thereof.
Neither the realized returns nor the unrealized values attributable to Demiurge or one of its affiliated funds are directly applicable to an investment in any other Demiurge affiliate fund. Past performance of an investment instrument is not necessarily indicative of its performance in the future, and nothing on this Website should be interpreted to state or imply otherwise. All information is provided to users on an “as is” and “as available” basis without any representation or warranty either express or implied.
7. LIMITATION OF LIABILITY
Demiurge gives no warranty that the information provided on its website is up-to-date, accurate or complete and accepts no liability in respect thereof. Demiurge shall not be liable for any direct or indirect loss or damage, including but not limited to loss of profit, that may be suffered as a result of information provided on the Website, or for any loss or damage resulting either directly or indirectly from use of the Website and the information contained therein or from risks associated with the financial markets. Liability for consequential loss and loss of profit is hereby excluded.
8. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Demiurge and its affiliates, and their respective officers, directors, employees, members, managing members, managers, agents, representatives, successors and assigns (collectively, the “Demiurge Parties”) from any and all actions, causes of action, claims, charges, demands, cost, expenses and damages (including attorneys’ fees and expenses) and liabilities of any kind whatsoever directly or indirectly resulting from, arising out of or in connection with (i) your use of this Website; (ii) your breach or violation of any and all provisions of these Terms of Use or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party’s rights. This obligation survives the termination of these Terms of Use.
9. LINKS TO OTHER WEBSITES
The Website may contain links to the websites of other providers and information supplied by such providers (“External Links”). Demiurge provides links to external websites in addition to its own information solely with a view to enhancing user-friendliness and providing information to users. Demiurge has no control over the content of such external websites and accepts no responsibility or liability in respect of the accuracy, reliability, completeness, currency of such material or its fitness for a particular purpose. Demiurge excludes all liability, including but not limited to liability for any direct or indirect loss or damage or any consequences that may arise out of or in connection with the use of content on external websites. Demiurge accepts no liability in respect of the content of External Links, including in particular any content that is altered after the link was created. Demiurge is not responsible for transferring such information, selecting the information sent or the recipients thereof, or altering any information provided. Demiurge gives no warranty either that such websites or the contents thereof do not or will not infringe any third-party copyright, trade mark or other rights, or that such websites or the contents thereof are free of viruses or other harmful components.
10. SECURITY
Please note that when using any Internet facility (such as this Website), data is transported over an open network that is accessible to third parties and may not be secure and there is a risk that information may be corrupted or interrupted during transmission or that any encryption technology may not provide complete protection. Data is also regularly transmitted across international borders. This also applies to data transfers where both the sender and recipient are located in the same country.
11. ASSIGNMENT
Both Demiurge and its legal successors and agents are entitled to rely on these Terms of Use. Demiurge may assign any rights accruing to it under these Terms of Use. Demiurge may also delegate its duties or assign any of its obligations under these Terms of Use to third parties.
12. SEVERABILITY
In case any provision of these Terms of Use shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. If, however, any provision of these Terms of Use shall be invalid, illegal, or unenforceable under any such applicable Law in any jurisdiction, it shall, as to such jurisdiction, be deemed modified to conform to the minimum requirements of such Law, or, if for any reason it is not deemed so modified, it shall be invalid, illegal, or unenforceable only to the extent of such invalidity, illegality, or limitation on enforceability without affecting the remaining provisions of these Terms & Conditions, or the validity, legality, or enforceability of such provision in any other jurisdiction.
13. GOVERNING LAW AND DISPUTES
Access to and use of the Website as well as the Terms of Use shall be governed, controlled, interpreted, and defined by and under Swiss law in the jurisdiction of the city of Zug.
