1. Legal aspects

Legal Aspects

Legal disclaimer for UNION BANCAIRE PRIVEE (hereinafter, “UBP”), headquartered at 96-98, rue du Rhône, Geneva, Switzerland, owner of this site. UBP is a Swiss bank and securities broker regulated by the Swiss Financial Market Supervisory Authority (FINMA).

A. General provisions

By accessing this website and any of its pages (hereinafter, the “UBP Website”), you (hereinafter, the “web user”) confirm that you have read, understood and agreed to the following important legal information and terms of use.

1. No solicitation or advice, sales restrictions and risks

The information contained in this website may be restricted to certain web users for legal and regulatory reasons applicable to UBP or to the aforementioned web user as a result of their domicile, residence, nationality or any other reason. The UBP Website, as well as the information contained in it, is not designed to be used by anyone resident (or based) in countries where the distribution of such information is prohibited or if this information is subject to authorisation that UBP or its local entity does not have. All web users are requested to check that they are legally authorised to access the UBP Website from the location from which they are trying to access it, and, if this is not the case, to refrain from accessing the UBP Website.

The information, products, data, services, tools and documents contained in this website should not be construed as an offer, recommendation or solicitation to conclude a transaction or to enter into a contract, to acquire any products, or to enter into any legal relationship, and should not be deemed as providing investment advisory services to anyone; they are provided merely for general information and are not applicable to specific cases. Further, UBP does not provide any guarantee as regards the correctness, completeness or reliability of the information and documents published on the UBP Website, as they are provided for information purposes only and may be changed without prior warning.

Except where explicitly stated, no action has been or will be taken by UBP that would permit a public sale of the products or possession or distribution of any offering material in relation to the products in any jurisdiction where such a provision is required to do so. No offers, sales or provision of any products, or distribution of any offer document relating to said products, may be made in or from such a jurisdiction, except in circumstances which will result in compliance with any applicable laws and regulations of said jurisdictions, which may involve the said products or services being refused to be sold to a given person.

The products described on the UBP Website may be complex in nature, implying a higher risk of loss. Generally, it should be noted that before carrying out any transaction, investors should consult their own advisors on all legal, regulatory, tax, financial and accounting matters, and only after having done so should they take any decision relating to investments, hedging and trading (including any decision relating to the appropriate character of such transactions), based on their own judgement and that of their advisors, as the case may be.

The terms and conditions relating to the aforementioned products, which are the only ones which are legally binding, are set out in the products’ offer documents, as well as in the related documents, which will be sent to investors in due course. Any investment decisions must only be taken based on the conditions stipulated in the offer documents of the aforementioned products (as well as in the related documents), which may be obtained free of charge from UBP (please see the information below).

UBP may have a vested interest in the products or transactions described here, even if it has applied the necessary rules regarding conflicts of interest.

2. Limitation of liability

Although the information on the UBP Website has been obtained from sources that UBP believes to be reliable, UBP does not certify or guarantee the accuracy or timeliness of such information, which may be incomplete or summarised. The information, which is for information purposes only and is non-contractual, may be changed at any time without prior warning. Any information marked with a date is published as at that date only and UBP is under no obligation to update or amend any such information.

UBP cannot be held responsible for any consequences of any decision taken based on the opinions or assertions, which may be non specific or not up-to-date, contained in the UBP Website, or for any omission. Under no circumstances shall UBP, its affiliates or related persons be liable for any direct, indirect, special, punitive or incidental damages or lost profits, whether foreseeable or unforeseeable, arising as a direct or indirect consequence of using the UBP Website.

Further, it should be noted that past performance is not indicative of future results; prices and the availability of a product are subject to change without prior warning; the value of investments may be subject to fluctuations and investors may not get back their initial investment. Changes in rates of foreign exchange may also cause the value of investments to go up or down. Last, investors are reminded that borrowing money from the Bank for the purposes of financial investments (“leveraging”) may increase profit potential, but also the risk of losses, which may exceed the assets in an investor’s account. The UBP Website filters web users according to their residence and their investor status as declared when the investor first connects to the UBP Website. If this information has not been correctly provided by the web users, they may have access to products and services to which they are not entitled. UBP cannot be held responsible for any loss or damage that may result from such false information, and the web user agrees to reimburse UBP for any resultant loss or damage it may have suffered.

3. Intellectual property

UBP, or the Group entity concerned, holds all the intellectual property rights (unless otherwise stated) to all of the information and content (including the texts, images, films, audio data, graphics and logos) published on the UBP Website (including brands, copyrights, licences etc.). No information, page, image or document etc. from the UBP Website may be reproduced, except for personal use and with proper crediting of their source. It is therefore prohibited to directly or indirectly use any information, page, image, document etc. from the UBP Website for commercial or public purposes without written permission from UBP.

No hyperlink redirecting to the UBP Website (or any part thereof) may be created without UBP’s written permission.

Furthermore, it should be noted that the UBP logo and its company name may not be reproduced or used without written permission from UBP.

The laws of Switzerland, independently of the conflict of law principles, shall govern the UBP Website and its contents, which may be modified by UBP at any time without prior warning. The ordinary courts of the canton of Geneva, Switzerland shall have exclusive jurisdiction in relation to all disputes arising out of or in connection with the UBP Website and its contents, with a right of appeal to the Swiss Federal Court.

4. Recording of telephone conversations

The web user understands and accepts that any telephone conversation between them and the Bank may be recorded.

5. Website hosting

The UBP Website is hosted on UBP's own servers.

B. Funds

None of the funds mentioned nor any of the prospectuses associated with any of them may be distributed to people residing in a country in which the distribution of such funds or prospectuses is contrary to local law and/or the local regulations in force. Such people are not allowed to access this site.

It is incumbent upon you to ensure that you are allowed to access the UBP Website.

The UBP Website contains information relating to a large number of funds registered and managed in various jurisdictions. You must correctly indicate your place of residence before you are able to be authorised to access the information relating to the aforementioned funds. If you do have access to the UBP Website, you will be able to obtain the latest versions of prospectuses, simplified prospectuses/Key Investor Information Documents (KIID), and annual and half-yearly reports, translated into the language of your country of residence.

These documents are available free of charge from the funds’ representative in the country of domicile of the fund(s) concerned or in the country in which they are distributed.