These general terms and conditions (the “GTC”) of myAMC Sàrl, 8, avenue Rosemont, c/o Experia Sàrl, 1208 Genève, Switzerland (the “Company”) govern the conditions of use and the rights and obligations of users (the “User(s)”) of the website www.myAMC.ch (the “Website”).
By accessing and browsing the Website, the User acknowledges that it has read, understood and agreed to be bound by the GTC. If the User does not agree to be bound by the GTC set forth below, it shall refrain from accessing the Website or any of its pages.
The Website is a platform allowing some Users, the Allocators (as defined below) to display financial products (the “Products”), structured by banks or other financial institutions (the “Issuers”), to the attention of other Users, the Clients (as defined below).
Any special agreement entered into directly between a User and the Company shall be complementary to these GTC. In the event of any conflict, the provisions contained in any such special agreement shall prevail.
Access to the Website or to its services may be restricted at any time, including when necessary for security reasons or for implementation of technical measures. Users may not derive any claim from such restrictions.
The information included on this Website is exclusively addressed to persons/companies who are residents of Switzerland and must not be accessed by persons/companies outside Switzerland. The User agrees to discontinue using this Website if, now or in the future, it ceases to be located in Switzerland.
The Products displayed on this Website may not be permitted to be displayed in all countries and are in each case reserved for the group of persons who are authorised to purchase the Products in accordance with each Product’s documents, such as prospectuses if any (the “Products Documents”).
The use of the Website is subject to acceptance of the present GTC and certain parts of the Website are subject to the prior registration of a user account (the “User Account”). Each User may register for one account only, which is personal and not transferable.
Registration is open to (i) natural persons of minimum 18 years of age with unrestricted capacity to act (pleine capacité civile) and (ii) duly incorporated legal entities.
When registering the User will be asked to register as a Client or as an Allocator and will be asked to provide / confirm additional information as detailed in the Clients’ and Allocators’ sections of the GTC.
If a User Account is registered on behalf of a legal entity, the natural person creating such User Account guarantees that he/she has the power to represent the legal entity on behalf of which he/she is acting.
Access information of each User Account (User ID and password) is strictly confidential and shall be kept secret under the sole responsibility and at the sole risk of the User. The Company may not be held liable in case of undue access to the User Account by a third party. The User shall immediately inform the Company when a third party has unduly accessed its User Account or email, or if the User Account’s or email’s security has been compromised in any other way.
The User guarantees that any information provided by the User to the Company via the Website is complete, accurate and truthful. The User is responsible of keeping this information up to date and to notify the Company should a change occur.
Allocators are Users who register on the Website by creating a User Account as an Allocator. By creating such User Account, the Allocator confirms that:
– the Allocator is a financial service provider within the meaning of the Swiss Financial Services Act dated 15 June 2018 (the “FinSA”);
– the Allocator is duly authorised under all applicable laws, to offer the Products that it intends to have displayed on the Website to professional clients with the meaning of the FinSA;
– the Allocator is duly authorised by the relevant Issuers to have displayed the Products on the Website and to use the necessary material related to the Products and grant third parties the rights and authorisations related thereto;
– the material provided to the Company in relation to the Products is in compliance with the FinSA and any other applicable laws and provides a true and accurate description of the Products in line with financial reality.
The Company is entitled to rely on the information provided by the Allocator and shall not be expected to verify such information. The Allocator shall inform immediately the Company in the event of any change of its situation that may impact the information provided to the Company.
A specific agreement will in addition be entered into between the Allocator and the Company which shall in particular cover the fees that will be charged by the Company to the Allocator.
The Company does not act as the Allocator of any Product. The Allocator is always a third party that submitted a Product to the Company for its display on the Website.
Clients are Users who register on the Website by creating a User Account as a Client. By creating such User Account, the Client confirms that:
– it is domiciled/it has its registered office in Switzerland; and
– it is a professional client within the meaning of the FinSA.
The Company is entitled to rely on the information provided by the Client and shall not be expected to verify such information. The Client shall inform immediately the Company in the event of any change of its situation that may impact the information provided to the Company.
Subject to registration of a User Account, the Client may browse the Products on the Website and if interested by a Product, may request further information directly from the Allocator using the details provided in relation to each specific Allocator on the Website. The Company shall not be a party to any relationship that may then be created between the Client and the Allocator.
The Company displays the Products on the Website, as well as daily pricing of the Products (the “Pricing”) provided that such Pricing is made available to the Company either by the Allocator itself or by SIX Financial Information AG or any other third-party data provider (the “Data Providers”).
The Products and the Pricing are published exclusively with the information provided by the Allocators and the Data Providers. The Company does not verify such information and shall not be construed has having verified and/or having validated such information or as having a duty to do so.
The Company does not guarantee the completeness or the accuracy of the information provided by the Allocators and the Data Providers, and the Company takes no responsibility for such information. The Company shall not make, or be deemed to make, to the Users, any representations, warranties or other statements concerning the Products or the Pricing, whether on the Website or otherwise.
The User shall proceed with its own verifications on the Products and associated risks and request advice from experts selected by him at its own costs and liability.
Additional information on the Products and the Products Documents are available directly with the relevant Allocators and/or Issuers.
NO OFFER, NO SOLLICITATION
This Website gives the User access to information that the Company has decided to make available and does not constitute and is not to be construed as, a solicitation or offer by the Company to subscribe for or purchase or sell the Products. The Clients are not able to subscribe, purchase or sell the Products displayed in this Website directly from the Company but only through their bank or intermediary once they have contacted the relevant Allocators.
NO CONTRACTUAL RELATIONSHIP
If a Client decides to invest in a Product displayed on the Website, the Company will not in any case be a party to such contractual relationship. The Client shall assume solely all risks in relation to its investment in any Product. The Company provides no warranties regarding the success of the investment (no guarantee of a return on investment) neither towards the Client nor towards any other User.
The Company does not receive from nor pay commissions to Allocators or Issuers or any other third-party in connection with a Client investing in a Product. Such commission payments if any would reduce the return the Client would be able to achieve. If commissions were paid, information pertaining to the amount of these commission payments would be available in the relevant investment documents or may be obtained from the Allocator and/or the Issuer upon request.
The use of this Website shall not create a contractual relationship with the Company extending beyond the GTC. In particular, the information presented on this Website shall not be deemed to be an offer by the Company to enter into an advisory agreement or any other contract to provide information either on a gratuitous or non-gratuitous basis. In light of this, the User’s visit to this Website or retrieval of information contained therein shall not constitute a contract between the Company and the User to provide information.
Information provided on this Website does not constitute financial analysis.
RISKS, NO RECOMMANDATION
Investment in Products displayed on this Website is speculative in nature and can involve the risk of loss of one’s entire investment.
The Company is not responsible for the User’s investment decisions. Nothing contained on the Website should be construed as an investment recommendation.
The User should carefully evaluate its own financial position before making any investments’ decision. The User shall independently analyze the proposed Products and should carefully read the Products Documents, which are published on the webpages of the respective Allocator and/or Issuer or are available upon request directly from the Allocator and/or the Issuer.
The User should also consult with independent qualified sources of investment advice and other legal and tax professionals prior to considering a potential investment.
The Company does not warrant the accuracy, adequacy, completeness or timeliness of the information and services or the error-free use of the Website.
The Company does not represent or warrant that the Website will be available or that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to the Users’ computer system. The Users shall be solely responsible for their adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
In no event, subject to mandatory applicable law, the Company, its directors, officers, employees and auxiliary persons shall be liable, including in the case of negligence, for any damages, losses or liabilities including without limitation, direct or indirect, special, incidental, consequential damages, losses or liabilities, in connection with the use of the Website, account hacking, Users identity spoofing or the Users’ reliance on or use or inability to use the information and services on the Website, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure. Furthermore, the Company disclaims all liability for any tampering with the Users’ computer system by unauthorized parties.
Links on the Website may be directed to third-party websites, which are not owned nor controlled by the Company. Access to these third-party websites is at the User’s own risk and sole responsibility, subject to the terms and conditions of the relevant third-party providers.
Some information available on the Website (including the logo, design, brand, software and others) are protected by copyright and are the property of the Company. Property rights of third parties, including the Allocators or Issuers are expressly reserved.
CHANGES TO THE TERMS AND CONDITIONS
The Company reserves the right to amend the GTC at any time.
The User will be notified by email to the email address associated with the User Account of any amendment made to the GTC, and amendments shall only apply to Users’ the access to and use of the Website and operations conducted on the Website after such notification.
The most current version, published on the Website, applies between the User and the Company.
APPLICABLE LAW AND JURISDICTION
Use of the Website shall be subject to Swiss substantive law, which shall exclusively govern the interpretation, application, and effect of all the conditions of use set out above, without regard to its conflict of laws provision. The courts of Geneva, Switzerland shall have exclusive jurisdiction over all claims or disputes arising out of or in connection with the Website and its use.
Updated on May 24th 2022