Please read the IMPORTANT INFORMATION below before proceeding, as it explains certain restrictions on the distribution of information available on this website, www.tell.fund (hereinafter the “Site”).
The Terms are subject to change at any time without notice and access to, and use of the Site may be restricted or terminated at any time. You are therefore advised to review these terms each time you access this website. Access to and use of the Site as well as the Terms are governed by Swiss law. The place of jurisdiction is Zurich.
Further access to the Site might also be subject to the laws applicable in the relevant jurisdiction from which the same is being accessed.
Access to this Site is not permitted to any person in any jurisdiction (by way of domicile, residence, nationality, or otherwise) where the publication or availability of the Site would result in a violation of any applicable law or regulation. In particular, this Site is not intended for residents of the United States. If you are from such a jurisdiction, you are not authorized to proceed and must exit this Site immediately. If you are not from such a jurisdiction, you may proceed to the Site after reading and agreeing to the following terms and conditions.
3. Local restrictions
This Site does not constitute an offer or solicitation to sell stocks or units in mutual funds or other securities, or an offer to provide investment advisory services or other services referred to on this Site, to any person from a jurisdiction in which such an offer, solicitation, or distribution would be illegal, or in which the person making such offer or solicitation is not authorized to do so, or to any other person to whom it is illegal to make such offer or solicitation.
b. United States
Tell shall not provide the products and services described on this Site to US Persons, as defined under the United States Securities Act of 1933, as amended (hereinafter the “Securities Act”). The units or stocks described on the Site shall not be registered under the Securities Act or any other applicable United States securities laws (including, without limitation, any applicable law of any of the states of the United States). Such units or stocks may not be directly or indirectly offered or sold in the United States or any of its territories and possessions or areas subject to its jurisdiction or to or for the benefit of a US Person. By proceeding, you warrant that you are not a US Person.
4. No offer
The information, products, data, services, tools and documents contained or described on this site (the “Content”) are for information purposes only and constitute neither an advertisement or recommendation nor an offer or solicitation to buy or sell investment instruments, to effect any transaction or to enter into any legal relations.
The financial products mentioned on this site are not suitable for all investors. Prior to making investment decisions investors should conduct a thorough investigation and obtain all necessary professional advice for all issues, including your eligibility to make such investment in terms of the applicable law.
Nothing on this site constitutes investment, legal, accounting or tax advice, or a representation that any investment or strategy is suitable or appropriate for individual circumstances, or otherwise constitutes a personal recommendation for any specific investor. Tell recommends that investors independently assess, with a professional advisor, the specific financial risks as well as legal, regulatory, credit, tax and accounting consequences.
5. No reliance / No representation / No warranty
Tell provides no warranty and makes no representations of any kind whatsoever regarding: (1) the currency, accuracy or completeness of the content, (2) the results to be obtained by any user of the Site, or (3) any third party content accessible on or through the Site. Except to the extent required by current laws and / or regulations, Tell, including its directors, agents, employees or subcontractors: (1) disclaims any and all express or implied warranties and conditions including without limitation warranties and conditions as to quality and fitness for a particular purpose; and (2) does not warrant that the Site, any content (including any third party content), goods and services referred to therein will be uninterrupted or error free, that defects will be corrected or that the Site, the servers from which it is available or any connected website is free of viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components. In order to safeguard against viruses, it is advisable to use up-to-date versions of browsers and to install and continuously update antivirus software. Users should strictly avoid opening e-mails of unknown origin or unexpected e-mail attachments.
Any data, including but not limited to financial market data, quotes, notices, research or other financial information accessible through this Site, have been obtained from carefully selected sources believed to be reliable. All such information is provided “as is” to the user without express or implied warranties of any kind, including warranties of quality, originality, non-infringement of intellectual property or fitness for any particular purpose.
The information and opinions in the Site are descriptive of Tell as a whole and the products and services described may not be available to or suitable for all investors. The fact that a user accesses the Site does not make them a client of Tell.
Any expressions of opinion, estimates and projections on the Site are those of the authors at the date of writing. They do not necessarily reflect the view of Tell and are subject to change at any time without prior warning. Tell and its contractual partners may discontinue, or make changes in, the information, data and documents, and the products or services described herein, at any time without prior notice. Any information marked with a date is published as of this date only and no obligation or responsibility is undertaken to update or amend any such information.
6. Limitation of liability
To the maximum extent permitted by current laws and / or regulations, Tell, including its directors, agents, employees, sub-contractors and its sales partners disclaim any and all liability for losses or damages (direct or indirect) of any kind whatsoever arising directly or indirectly as a result of (1) the content, accuracy, completeness or otherwise of the content or any links or third party content, (2) any errors in or omissions from the site, (3) use of or access to the site, or (4) any inability to access or use the website for any reason.
To the full extent permitted by current laws and / or regulations, Tell shall not be liable, including in the case of negligence, for any (1) loss of profits or revenue or savings or other economic loss, (2) loss of business or goodwill, (3) loss of or damage to data, (4) incidental or special loss, or (5) indirect or consequential loss arising from use of or access to, use of, browsing in, or downloading from the Site or any other site linked thereto.
The Site contains information on a number of funds registered and managed in different jurisdictions. You shall be required to inform us about your place of residence before you may access any specific information on such funds. Consequently, your access will be limited to the funds registered for sale in your country of residence.
8. Linked websites
The Site may contain links to other websites controlled or offered by third parties. Tell has not reviewed any of these linked websites, and makes no representation or warranty in respect of information or material available there. In linking a third-party website to the Site, Tell neither assumes nor accepts any responsibility or liability whatsoever in respect of products or services offered on such website.
9. Proprietary information
Unless accompanied by an explicit statement to the contrary, all content on this Site is protected by copyright, database rights, or other intellectual property rights, and is the property of Tell. Except as otherwise specifically agreed in writing or to the extent necessary to use the Site in accordance with these Terms, you shall not: (1) copy the Site in whole or in part; (2) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, timeshare, lend or transfer or in any way exploit the Site in whole or in part; (3) embed the Site into other products; (4) use the Site in any timesharing arrangement; (5) create function calls or other embedded links from any software program to the Site; (6) remove or obscure any copyright notice of Tell or any of its suppliers; (7) use any trademarks, service marks, domain names, logos, or other identifiers of Tell or any of its third party suppliers; or (8) save to the extent permitted under by law, reverse engineer, decompile, disassemble, or access the source code of the Site.
Nothing on the Site is designed to grant any license or right to use any image, trademark or logo. No act of downloading or otherwise copying from the Site will transfer any legal entitlement to any software or material on the Site to you. Tell reserves all intellectual property rights (such as copyright and trademark rights) to all material on the Site, and will enforce such rights to the full extent of applicable law.
10. Material interests
Tell and / or its partners, directors, officers, and employees may have or may have had an interest or positions in, or may, as market makers, trade or have traded in the securities described on the Site. Furthermore, such entities or persons may have or may have had a seat on the boards of the companies issuing such securities.
The past is not an indication of the future performance of an investment. The value of investments may be subject to fluctuations and investors may not get back the amount invested. Changes in rates of foreign exchange may also cause the value of investments to go up or down.
Please note that all your actions while using this Site may be recorded and analyzed for various purposes, including security, marketing and system monitoring purposes.
13. Contacts by e-mail and Skype
This Site allows you to contact Tell by e-mail and social media platforms. As such communications use the Internet, a public network over which Tell has no control, they may be intercepted, altered, or lost. Tell disclaims all liability in respect thereof.