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Terms of Use

General

Welcome to the website (the “Website”) of Blue Horizon Corporation AG and its affiliates (together, “Blue Horizon“, “we” or “us“). Please read these terms of use of the Website (the “Terms of Use“) carefully as, by using the Website, you agree to be bound by them.

These Terms of Use also refer to the following, which also apply to your use of the Website:

a. Our privacy notice (the “Privacy Notice“), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website, you acknowledge that you have been provided with the information in the Privacy Notice; and

b. Our cookies policy, which sets out information about the cookies on the Website.

If you do not agree to abide by these Terms of Use you should not use the Website in any way.

Accessing the Website

Blue Horizon does not guarantee that access to the Website, or any content on it, will always be available or uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website for business and operational reasons. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that any persons with access to the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

Content ownership

This Website and its entire content, including but not limited to all text and images, are the property of Blue Horizon, except where otherwise indicated by a third party’s proprietary notice, and are protected by copyright, all rights reserved unless otherwise stated. Any content that is a trademark, logo or service mark is also a registered or unregistered trademark of Blue Horizon or third parties. Your use of any content other than as provided in these Terms of Use is strictly prohibited without the written permission of the owner of the content. 

You may browse this Website freely, but you may only access, download or use information on this Website, including downloadable documents, images, audio and video files, if this is for your own non-commercial use (unless specifically prohibited by a notice published on the relevant page). All other use is prohibited. Blue Horizon will enforce its intellectual property rights to the fullest extent of the law. Blue Horizon makes no representation that your use of the materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Blue Horizon. 

Disclaimer 

Blue Horizon publish the Website “as is” and, while we use reasonable efforts to obtain information from sources which we believe to be reliable, we make no warranty or representation of any kind, express or implied, that the information or opinions contained in the Website are accurate, reliable or complete or as to the operation of the website, or the accuracy of the products or services referred to on the website (in so far as such warranties may be excluded under any relevant law). The information and opinions contained on the Website are provided by us for personal use and informational purposes only and are subject to change without notice. Nothing contained on the Website constitutes investment, legal, tax or other advice nor an offer of, or solicitation for, the purchase or disposal of, trading or any transaction in any Blue Horizon securities, or the securities of any fund Blue Horizon advises or manages. It is not to be relied on in making an investment or other decision. You should obtain relevant and specific professional advice before making any investment decision.

To the fullest extent permitted by law, Blue Horizon shall not be liable for any losses or damage whether direct or indirect (including, without limitation direct or indirect loss of profits), consequential, special or otherwise incidental that may result from use of the Website howsoever arising.

Nothing in these Terms of Use excludes or limits our liability to you where it would be unlawful to do so. This includes liability for death or personal injury arising from our negligence or the negligence of our employees, agents or sub-contractors, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

If and to the extent that the Website contains information about the performance of investments previously made by Blue Horizon or funds managed or advised by Blue Horizon, you should be aware that this information has not been audited or verified by an independent party, past performance is not a reliable indicator of future performance and future investments may not achieve the same level of returns as previous investments. The value of investments may fall as well as rise and investors may not get back the amount invested. Changes in rates of foreign exchange may cause the value of the investments to go up or down.

Any reference to any product or service which has been or may be provided by Blue Horizon does not amount to a promise that such product or service will be available at any time. Changes to or improvements in such products or services may be made at any time.

Regulatory Restrictions

This Website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Website is prohibited or which would subject us to any registration or other requirement within such jurisdiction or country. We reserve the right to limit access to the Website to any person, geographic region or jurisdiction. Additionally, the promotion and sale of collective investment schemes may be restricted in your jurisdiction. Persons in respect of whom such prohibitions apply must not access the relevant pages on the Website. Those who access the Website do so on their own initiative and are responsible for compliance with applicable local laws and regulations; legal advice should be sought in cases of doubt.

It is the user’s responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction. By accessing the Website, he is representing and warranting that the applicable laws and regulations of his jurisdiction allow him to access the Website.

Third-party websites

This Website may contain links to sites owned or operated by parties other than Blue Horizon. Those links are provided for convenience only. Blue Horizon does not control and is not responsible for the information or privacy policies on, or the security of, such websites. Blue Horizon has not reviewed third-party websites which contain links to this Website and is not responsible for the content of any third-party websites linked to this Site. Blue Horizon does not endorse the content of such websites. If you establish a link to such websites, you do so at your own risk and without the consent of Blue Horizon.

Information you supply to us

Except for information covered by our Privacy Notice, any communication or material you transmit to the Website is and will be treated as non-confidential and non-proprietary. Anything you transmit or post becomes the property of Blue Horizon and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Blue Horizon is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Viruses

We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

You are prohibited from using any device, software or process to interfere with or attempt to interfere with the proper working of the Site. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website including, without limitation, via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you could commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease.

Updates

Blue Horizon may revise these Terms of Use at any time without notice but does not assume any responsibility to update them. By your continued use of the Website, you are bound by any such revisions and should therefore periodically visit this Website to review the then current Terms of Use.

We may update and change the Website from time to time to reflect changes to our services, our users’ needs and our business priorities.

Law and jurisdiction

These Terms of Use and your use of the Website are governed by the laws of Switzerland, without regard to its choice of law provisions. The courts of general jurisdiction located within Zürich, Switzerland, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or your use of this Website.

To the extent that any part of these Terms of Use is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction such part shall to that extent be severed from the remaining terms all of which shall remain in full force and effect as permitted by law.

Contact

If you have any questions about these Terms of Use, or our practices related to the Website, please contact us using this Website’s contact page.