Effective Date: 14-Sep-2023
Last Updated: 14-Sep-2023
By accessing https://ibex.capital/, you agree to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with all applicable local laws. If you disagree with any of these terms, you are prohibited from using or accessing this site.
FOREWORD These Terms of Use (the "Terms") govern your use of the website https://ibex.capital/ (the "Site") and the services offered on or through it (the "Services"). The Site is owned and operated by Advisorn GmbH, a company duly incorporated under the laws of Switzerland, with its registered office at via Balestra 6, 6830 Chiasso, Switzerland ("Company", "We", "Us" or "Us").
1. DEFINITIONS "Copyrights" means software, mobile software, algorithms, codes, audio, video, text, animation, files, photographs, drawings, graphics, layouts, images, videos, information and their selection and arrangement distributed through the Web Site;
"Intellectual property rights or IPRs" means copyrights, patents, registered designs, design rights, database rights, trademarks, trade secrets, know-how, or any other proprietary or industrial rights, whether registered or unregistered;
"Services" means the services offered through the Website.
"Third Party" means any other natural person who is not a User or Visitor;
"User" the Website. A User is authorized to use all the Services of the Website;
"Visitor" means a person or entity that uses the Website without having registered as a User.
" Website" means this website.
2. TERMS By browsing the Website, signing up for our newsletter, and/or contacting us, you acknowledge that you have read and understand these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations. If you disagree with these Terms, you should refrain from using the Website.
Consent is given only once by clicking on the "I agree" button in the pop-up window that appears when you first connect. By giving consent, you confirm that your level of knowledge of the language of the site is sufficient to understand the meaning of the Terms and all commitments, warranties, waivers, and obligations contained therein.
If you are browsing the Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or entity to these Terms and that you accept these Terms on behalf of such company or entity.
3. CHANGES TO TERMS OF SERVICE The Company reserves the right to make changes and/or amendments to these Terms, at its sole discretion. Your continued use of the Web Site after such changes, with or without your express acceptance of the new Terms, will constitute your consent to such changes.
4. DISCLAIMER The materials on the Web Site are provided "as is." The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its web site or otherwise relating to such materials or on any sites linked to this site.
If you provide us with feedback or comments regarding the website, you grant the Company the right to use such feedback or comments for any purpose without restriction or payment to you.
5. PURPOSE OF THE WEBSITE The Website merely describes the Services offered.
The Web Site does not constitute and should not be seen as a recommendation or endorsement of the quality, level of service, qualification, or evaluation of the Services contained therein.
Furthermore, the information contained in or provided by or through the Website is not intended to be and does not constitute legal, financial, business, or any other type of advice.
6. PROHIBITED ACTIONS. You are authorized to use the Website only in accordance with the laws of your country of residence and the country from which you access the Website. You may only make lawful use of this Website, and any illegal or inappropriate use of the Website is prohibited.
7. COPYRIGHTS Copyright and all other proprietary rights in and to the content available on the Website (including, but not limited to, software, mobile software, algorithms, code, audio, video, text, animations, files, photographs, drawings, graphics, layouts, images, video, information, and the selection and arrangement thereof) (hereinafter also referred to as the "Website Content") are the exclusive property of the Company or its licensors. All copyright and intellectual property rights in the Website Content not expressly granted herein are reserved by the Company. All Copyright and other proprietary notices must be retained on all reproductions.
Any other use of the Website Content, including but not limited to distribution, reproduction, modification, making available, communication to the public, public performance, framing, downloading, display, or transmission, in whole or in part, without the prior written consent of the Company is strictly prohibited.
You may not derive or attempt to derive the source code of all or any part of the software or mobile software (hereafter also the "Software"), nor allow any third party to derive or attempt to derive such source code, nor reverse engineer, decompile, disassemble, or translate the Software or any part thereof.
The Company and its licensors own and will retain all intellectual property and other rights to the Software and any changes, modifications or corrections thereto, except for open source software used in connection with the Web Site.
The Company, together with its licensors, expressly reserves all copyright and intellectual property rights in all text, programs, products, processes, technology, content, source code, object code, layouts, and other materials appearing on the Site. Access to the Website does not confer and should not be construed as conferring a license to anyone under our or any third party's copyright and intellectual property rights. Any use of the Website, including copying or storing in whole or in part, other than for personal, non-commercial use without the prior consent of the Company is prohibited.
8. TRADEMARKS AND DOMAIN NAMES The names and logos of the Company and all related product and service names and domain names are trademarks and domain names of the Company or its licensors. No license to the trademarks is granted in connection with the materials contained on the Web Site. Access to the Web Site does not authorize anyone to use the names, logos or trademarks of the Company or its licensors in any way.
You may not use the trademarks, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that the Company endorses any product or service. You may not reproduce or use the trademarks and domain names without the prior written permission of the Company.
9. RIGHTS RESERVED The Company may block, terminate or suspend your ability to use or access the Website, in whole or in part, without notice and at any time, in the Company's sole discretion, as well as shut down or discontinue the Website. The Company reserves the right to terminate your right to access and use the Web Site if you violate these Terms or other terms, laws or policies referenced herein, or if you otherwise create risk or possible legal exposure for the Company.
The Company reserves the right to initiate legal proceedings against any person for fraudulent use of the Website and for any other illegal act or acts or omissions in violation of these Terms.
10. AVAILABILITY, SERVICE LIMITATIONS AND CHANGES The Website and content may not be available in all territories and jurisdictions, and we may restrict or prohibit the use of all or part of the Website and content in certain territories and jurisdictions.
Also, because the Site is web-based, it may be subject to temporary interruptions.
We will make every reasonable effort to keep the Services operational. However, certain technical or maintenance difficulties may, from time to time, result in temporary interruptions. To the extent permitted by applicable law, the Company reserves the right, from time to time and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, without any liability to you, for any interruption, modification or discontinuance of the Services or any function or feature thereof.
11. DATA PROTECTION In order to provide User with the Services, User acknowledges and agrees that the Company may collect, store, and process User's personal data and/or information. By accessing and/or using the Services, the User has read, understood, and agreed to the terms of the privacy policy of the Society and the Cookie policy, and acknowledges and agrees that the Company may use such data and/or information in accordance with the terms of its privacy policy.
12. INDEMNITY To the fullest extent permitted by applicable law, You agree to indemnify and hold harmless the Company, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors from and against all third party claims and all liabilities, damages, assessments, losses, costs or expenses (including reasonable attorneys' fees) arising out of or resulting from (i) Your alleged or actual breach of these Terms, including, without limitation, Your express representations and warranties; (ii) Your alleged or actual use or misuse of the Services; and (ii) Your alleged or actual violation of any law or the rights of any third party.
13. LIMITATION OF LIABILITY These Terms set forth the full extent of our obligations and responsibilities in connection with the Website. To the fullest extent permitted by law, the Company excludes any and all warranties, guarantees, and liabilities in connection with or arising out of the Website and its content.
In particular, the Company shall not be liable for any damages of any kind, including loss of income or data, suffered by the visitor, user or any other person, by the act of the Company or any third party. This includes any misuse of the visitor's and/or user's data, any virus or other form of malware transmitted through the website or server, as well as any non-compliance with these Terms by users and/or visitors.
The Company shall not be liable for any personal injury, lost profits, or other consequential, special, punitive, indirect, or incidental damages arising out of or related to the use or inability to use the Web site.
14. LINKS The website may contain links directing the user to third-party websites. The Company disclaims any responsibility for such third-party websites, which are provided solely in the interest of Users and Visitors. The Company has no influence on the content of third-party websites. Therefore, the Company cannot assume any guarantee for the accuracy, completeness, or safety of such third-party content.
15. MAJOR FORCE. The Company shall not be deemed in default of these Terms to the extent that the performance of its obligations is delayed or prevented due to any external force, including but not limited to wars, insurrections, bank failures, strikes, fires, floods, earthquakes, labor disputes, epidemics, government regulations, commodity embargoes, natural disasters, acts of government, or any other cause beyond the reasonable control of the Company.
16. COMPLETE AGREEMENT AND SEPARABILITY These Terms, the Privacy Policy and the Cookie Policy, subject to any amendments or modifications made by the Company from time to time, constitute the entire agreement between you and the Company with respect to your use of the Website. If any provision of these Terms is held invalid by any court or competent jurisdiction, such provision shall be limited only to the minimum extent necessary and the remaining provisions shall remain in full force and effect.
17. NO WAIVER The Company's failure to enforce any provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
18. CESSION You may not assign any rights, licenses or obligations under these Terms without the prior written consent of the Company. Any attempted assignment by you shall be null and void. The Company may assign its rights, licenses and obligations under these Terms without limitation and without prior consent.
19. NO PARTNERSHIP Nothing contained in these Terms of Service shall be deemed or construed as creating a principal and agent, partnership or joint venture relationship between the User and the Company.
20. APPLICABLE LAW AND PLACE OF JURISDICTION These Terms and your use of the Website and all matters arising out of or in connection with these Terms (including non-contractual disputes or claims and their interpretation) shall be governed by the laws of Switzerland. Any claim or dispute arising out of or in connection with these Terms (including non-contractual disputes or claims and their interpretation) shall be subject to the exclusive jurisdiction of the courts of Lugano, Switzerland, subject to appeal to the Swiss Federal Court. You agree that any dispute is personal to you and the Company, and that any dispute will be resolved only by individual litigation and will not be brought as a class action or any other representative proceeding. You agree that a dispute may not be brought as a collective or representative action or on behalf of any other person or persons. In the event of a dispute, you are required to maintain the confidentiality of any proceedings, including, but not limited to, all information collected, prepared, and submitted for the purpose of the dispute or relating to the dispute(s) in question.
21. CONTACTS If you have any questions regarding these Terms, you may contact us at privacy@ibex.capital.