Terms and Conditions of Use
By accessing this Website and the products, services, information, tools and materials that it contains or describes (hereinafter, “the Website”), you acknowledge that you have understood and accept the following Terms and Conditions of Use.
These Terms and Conditions of Use relate only to the Website. You may be redirected to other websites, for which another legal framework and, therefore, other terms and conditions are applicable. Additional terms and conditions or disclaimers will also apply for the databases comprising official publications (prospectus, KIID, etc.) relating to the financial products.
If you do not accept these Terms and Conditions of Use and do not intend to be bound by them, you must not use the Website and should exit it immediately.
Access to the Website
The content of the Website is primarily intended for the Luxembourg market, where APIS ASSET MANAGEMENT is located. Access to the Website is forbidden to any person from a jurisdiction (by reason of their domicile, residence, nationality or other) whose applicable laws and/or regulations prohibit the publication and/or availability of the Website. The Website is only for the use of persons residing in jurisdictions where the relevant funds are authorized for distribution or where no such authorization is required.
None of the investment funds mentioned nor any of the related prospectuses shall be distributed to persons resident in any State in which the distribution of such funds or prospectuses is contrary to local laws and/or regulations. Such persons are forbidden to access the Website. It is your responsibility to ensure that you are authorized to access the Website.
None of the investment funds mentioned on the Website is or will be registered under the “United States Securities Act” of 1933, as amended. Similarly, the investment funds mentioned on the Website are not and will not be registered under the “United States Investment Company Act” of 1940, as amended. Consequently, the above-mentioned investment funds must not in any circumstances be offered or distributed (i) in the United States of America, in any of its States or in any other political subdivision of the United States of America, or (ii) to or on behalf of or for the benefit of any United States Person (as defined in Regulation S of the “United States Securities Act” of 1933).
The governance bodies of the investment funds may restrict or forbid the possession of shares by persons who are subject to taxes in the United States of America (all States and the District of Columbia). Natural persons subject to taxes in the United States of America are, for instance, those who were born there or have their place of residence there, naturalized citizens or persons who are married to a citizen of the United States of America. The term “US person” also includes legal entities that have been established according to the laws of one of the 50 US states or the District of Columbia.
Limited liability
The information and opinions published on the Website are assembled, checked and updated regularly with the greatest care. Despite all the care taken, APIS ASSET MANAGEMENT cannot accept any liability (including third-party claims) for the accuracy, completeness or up-to-datedness of the information and opinions conveyed.
The information and opinions found on the Website as well as the legal notices may be altered at any time and without prior notice. Information and opinions which have been published may not, therefore, be interpreted to mean that they have not changed since their publication or communication to the relevant supervisory authorities and are consequently still current. APIS ASSET MANAGEMENT therefore recommends accessing and reading this document regularly in order to be familiar with possible changes.
By accessing the Website, you agree to indemnify, defend, and hold harmless APIS ASSET MANAGEMENT, its affiliates and licensors, and the officers, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses, including legal fees and costs, arising out of or in any way connected with your access to the Website or use of the information contained herein.
Past performance is no indication or guarantee of future results. Moreover, the value of and returns on the securities or financial instruments mentioned on the Website may go down as well as up and investors may not get back the full amount originally invested. Exchange rate changes may cause the value of underlying overseas investments to go down as well as up. Changes in currency rates of exchange may have an adverse effect on the value or income (if any) of the investment funds. When investing in emerging market funds, emerging market may be more volatile and the risk to your capital is greater. The risk factors are described in the fund prospectuses. Finally, the performance shown does not take account of any commissions or costs charged when subscribing to or redeeming units.
NAVs relating to dates on which shares are not issued or redeemed (“non-trading NAVs”) may be published here. They can only be used for statistical performance measurements and calculations or commission calculations and cannot under any circumstances be used as a basis for subscription or redemption orders.
APIS ASSET MANAGEMENT, its directors, managers and staff may hold or may have held interests or positions in the securities referred to on the Website or may have negotiated or acted as a market maker in respect of these securities. Furthermore, these entities or persons may have – or may have had – relationships with directors of the companies issuing the above-mentioned securities, and may supply – or may have supplied – financial or other services to them, or may hold or may have held directorships of the companies in question.
Tax treatment depends on the personal circumstances of the investor and is subject to change. Investors are advised to seek specific professional advice before making any investment decision.
APIS ASSET MANAGEMENT declines any responsibility for any technical incident occurring (for any reason whatsoever) during the use of the Website (such as a bug or the inability for the user’s terminal to retrieve information).
Information provided via social media
Communications made by APIS ASSET MANAGEMENT via social media cannot be interpreted as a promotion for investments or financial services, such as advice or management services, whether on the Luxembourg market or on any other market. Comments, data, documents and other information shared on social media are provided for informational purposes only and may not be construed as constituting, whether in whole or in part, investment advice or investment recommendation, or an invitation, offer or solicitation to subscribe or redeem any financial instrument.
Type of Investors
When visiting the Investor’s corner, you will be invited to choose your investor type.
“Well informed investor” is defined in article 2 of the Luxembourg SIF Law of 23 February 2007 whilst “Retail” and “Professional” investors are defined in the MiFID Directive 2004/39/ecj as amended from time to time.
In case of doubt, you might consider selecting “retail investor”.
No recommendation or offer of services
The information cannot be interpreted as a promotion for investments or financial services, such as advice or management services, whether on the Luxembourg market or on any other market. Neither the Website nor its content may be interpreted as constituting, whether in whole or in part, an investment advice or an investment recommendation, or an invitation, an offer or a solicitation to purchase or redeem any financial instrument.
This information should under no circumstances be considered as constituting legal, tax or any other kind of advice.
The information provided on the Website is not tailored or oriented to your personal situation. As a result, the information provided may be completely inappropriate or incorrect for your personal investment decisions. None of the information on the Website constitutes either an invitation or an offer or recommendation to purchase or sell investment instruments, to engage in other transactions or to conclude any legal transaction. In particular, the information provided does not constitutes aids to decisions on financial, legal, fiscal or other consultancy issues, nor may investment or other decisions be made on the basis of this content alone. Professional advice from a qualified specialist is recommended.
Forward-looking statements
Please bear in mind that any forward-looking statements are merely forecasts and are subject to unexpected risks and uncertainties. They can therefore in no way be guaranteed. The value of investment funds and certificates can rise or fall at any time. The future performance of investment products cannot be deduced by the indicated, historical development. As a result, good performance in the past is not a reliable indicator of positive value development in the future. Investments in foreign currencies may also be subject to exchange rate fluctuations and may correspondingly be associated with higher risks. APIS ASSET MANAGEMENT can therefore neither ensure nor guarantee the maintenance or increase of the value of the invested capital.
Copyright & Intellectual Property Rights Trademarks
All material available on the Website, unless otherwise specifically indicated, is subject to copyright with all rights reserved. The material is freely usable for browsing purposes only and requires express mention of APIS ASSET MANAGEMENT in the event the material or any part thereof is reproduced in any form, written or electronic. You are not permitted, without our prior written consent, to copy, transmit, reproduce, publish, display, distribute, store, modify or adapt this website, its contents or underlying software, except for personal non-commercial use. Additionally, any re-publication of this material requires the express consent of APIS ASSET MANAGEMENT. Links to the site or use for any public or commercial purpose are subject to APIS ASSET MANAGEMENT’s prior written permission.
Links to other websites
Links or pointers to third party websites on the Website are provided solely as a convenience to you. If you use these links, you will leave the Website. APIS ASSET MANAGEMENT has not reviewed these third party websites, does not control them and is not responsible for any of these websites or their content. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
Computer viruses (viruses, malware, spyware)
APIS ASSET MANAGEMENT denies all liability for manipulations to the internet user’s EDP/IT system by unauthorized parties. APIS ASSET MANAGEMENT expressly points out the danger of viruses, so-called malware and spyware, and the possibility of targeted hacking attacks. The use of current browser versions as well as the installation of continuously updated anti-virus software is recommended for combating viruses. E-mails of unknown origin as well as e-mails with unexpected attachments should principally not be opened.
Use of e-mails
APIS ASSET MANAGEMENT allows users to contact ourselves by email. This functionality is not secure. It is not recommended to send sensitive information by this method.
APIS ASSET MANAGEMENT will not accept liability for any loss or damage that may result through such emails being intercepted by third parties.
Jurisdiction
These Terms and Conditions of Use and your use of the Website shall be governed by and construed in accordance with Luxembourg law. By using the Website you accept that any dispute under these Terms and Conditions of Use or arising out of use of the Website shall be subject to the exclusive jurisdiction of the Luxembourg courts to which you submit. You are responsible for compliance with any applicable laws of the country from which you are accessing the Website.
Severability clause
If for any reason any part of these Terms and Conditions of Use is deemed to be unenforceable, then the validity of the remaining part shall not be affected.