Terms of use of the online resources

INTRODUCTION

The present document governs use of the www.lapis.finance website and associated resources, including social media (hereinafter the “Site”).
Paragraphs A and B specify the ownership of the Site and contact details, and describe the mechanism for accepting and revising the present document. The conditions for accessing and using the Site and its functions are described in Paragraph C. Finally, Paragraph D sets forth the legal provisions applicable to the relationship between the parties and establishes the competent jurisdiction in the event of any disputes arising therefrom.
Our policy on data-processing and Site-related cookies, together with consequent advice for users, is described in a separate document, which can be accessed by clicking on this link. The document is reproduced and included in full here.
Access to the Site is conditional on reading and agreeing to a specific disclaimer relating to financial matters, the text of which can be viewed by clicking on this link.

A. OWNERSHIP OF THE SITE AND CONTACT DETAILS

The Site is owned by Lapis Asset Management Ltd (“LAPIS”), Lugano (CH).
All communications must be addressed in writing and shall be deemed to have been validly and effectively performed on receipt, if conveyed through the ordinary post or, in the case of e-mail, on transmission of a read receipt.

Contacts:
■ Lapis Asset Management Ltd, Via Collina 9, CH-6962 Lugano, Switzerland
■ Tel. +41 (0)91 971 16 93
■ E-mail: info@lapis.finance

B. ACCEPTANCE OF AND CHANGES TO THE TERMS AND CONDITIONS

By using the Site, users agree to the terms and conditions that apply at the time of access, which can be viewed by clicking on the link at the foot of the page. The Site owner reserves the right to update the present document at any time as it sees fit, in particular if there are changes in the applicable legislation, in functionality, or in the products and services made available to users.
It is therefore the responsibility of the user to carefully check the terms and conditions before accessing the Site.

C. CONDITIONS OF USE

Services rendered free of charge and purely for information purposes

The Site makes general information available to users free of charge, in particular concerning the profile and activities of LAPIS, regarding academic and applied research in the economic and financial fields, and in relation to the services it offers its clients.
Where the newsletter is concerned, LAPIS provides registered users with this service until such time as they withdraw their consent to receiving it.
LAPIS reserves the right to suspend, change or interrupt the availability of such information – including the newsletter – at any time and without notice, as it sees fit.
The information published on the Site or via the associated resources (e.g. the newsletter, social media and links to third-party sites), in particular of a financial nature, is provided without any guarantee of completeness and/or accuracy, but only for guidance, and is therefore non-binding. In any case, such information cannot replace advice from a specialist.

Intellectual property, policy on hypertext links

LAPIS holds the full and exclusive intellectual property rights to the Site and its associated resources, its graphics, its database and its content (in particular financial analyses and related models), and to any legally protected symbols and designations, as well as any trade marks, whether registered or not. Any use not supported by a legal or contractual licence, in the latter case in writing, is unlawful and may give rise to civil or criminal proceedings.
While reserving the right to revoke its permission at any time, LAPIS allows hypertext links directing users to the home page of the Site, provided that such links are in no way harmful to the image of the Site or to LAPIS (including its constituent bodies, senior managers and employees). Hypertext links to other pages on the Site, and the incorporation, in full or in part, of content from the Site (and the associated resources) on other websites or online and/or off-line resources is prohibited.

Third-party content and services, external links to the Site

The Site includes links to online websites, resources and services external to its own domain, for example to acquire financial data in real time and display related graphs. The Site has no control over such websites and resources, in particular where security, quality of information and data protection are concerned. We therefore decline all liability for malfunctions, non-availability, errors, damage or losses arising from the reliance on any content, product or service present on the Site but originating from third-party sources (as stated at the foot of such content) or available on websites or resources external to the Site’s domain.

User behaviour

Users undertake to use the Site (and the associated resources: e-mail, telephone, social media, etc.) in a lawful manner, with respect for the rights of LAPIS and third parties, and in conformity with the present document. In particular, users undertake:
■ to refrain from disseminating and distributing to third parties Site content or any material transmitted by LAPIS (including e-mail and hard-copy correspondence, contractual forms, opinions and recommendations) without the prior written permission of LAPIS;
■ not to communicate personal data via the information platform except with the express prior consent of the persons concerned, having fully informed them on how the personal data will be used/processed;
■ to communicate data and information that is up to date and true (in particular when agreeing to the financial disclaimer (link) and any other process restricting access to the Site);
■ not to transmit content that is unlawful, harassing, offensive, discriminatory, threatening, damaging, vulgar or otherwise inappropriate;
■ not to use the Site (and the associated resources) and the information contained therein to perform actions that are unlawful, fraudulent or damaging to the rights of third parties, including copyright and personality rights;
■ not to disseminate hypertext links to the internal pages of the Site;
■ to ensure that the IT equipment used is protected (e.g. by anti-virus and firewall software) and free of harmful elements (e.g. malware, viruses, trojan horses, etc.);
■ not to use means of any kind, including software, to interfere or try to interfere with the activities of the Site or prevent users from using the services.
The user undertakes to hold LAPIS and/or its constituent bodies, senior managers and employees harmless of any damage and/or loss and/or loss of earnings, whether financial or moral, deriving from use that is unlawful and/or not in accordance with these instructions and the information and resources associated with the Site.

Exclusion of users

LAPIS reserves the right, at its sole discretion, to partly or completely prevent users from using the Site and the information and resources associated with it, in particular when there is evidence of potential activities or behaviour not in accordance with the law or the contents of the present document.

Interruption of the service / limitation of liability

LAPIS rejects any liability in the event of the Site and the associated resources malfunctioning or not being available, in particular when such problems can be ascribed to external events (e.g. Internet breakdowns, malfunctioning of users’ devices, cyber-attacks, power outages, etc.) or due to the performance of ordinary or extraordinary maintenance on the Site.
In the event of an emergency when the Site is temporarily unavailable, users may contact LAPIS by telephone or e-mail.

D. APPLICABLE LAW AND PLACE OF JURISDICTION

The legal relationship between the user and LAPIS with reference to access to and use of the Site (and the associated resources) is governed by Swiss law, excluding the rules of international private law.
The parties have chosen the Court of Lugano (Ticino) as the exclusively competent court in the event of any dispute arising from or connected with the use of the Site (and the associated resources). LAPIS reserves the right to bring suits at the competent court at the user’s registered office, branch office or place of domicile.

Date of entry into force: 12th April 2019