1. General provisions
1.1. These Terms and Conditions (the «Terms») govern the access and the use of the website www.iaccesspartners.com («Website»). The Website displays opportunities for the investment in private equity funds (“Funds”) to users (“User” or “Client”). Clients who meet certain criteria may register on the Website and become a «Registered Investor». They can then have access to additional content, features and services and decide to invest in one or several of the Funds. The Website is operated by iAccess Partners AG, a company incorporated under the laws of Switzerland, register number CH-170.3.045.690-6, with registered office at Bahnhofstrasse 1, 6340 Baar, Switzerland.
1.2. By accessing the Website and/or creating an account, User agrees to be bound by the Terms. User confirms that he/she/it has read and understood the Terms and declares his/her/its consent with the Terms. Any User who does not agree to be bound by the present Terms shall be prohibited from using the Website.
2. Website content
2.1. The content displayed on this Website to Users is for informational purposes only and shall not be construed as legal, tax, investment, financial, or other advice. Nothing displayed on the Website to Users constitutes a solicitation, recommendation, endorsement, or offer by iAccess Partners or any third party to buy or sell any financial instruments in this or in in any other jurisdiction in which such solicitation or offer would be unlawful under the laws of such jurisdiction. INVESTORS COVENANT THAT THEY ARE NOT SUBJECT TO LEGAL OR REGULATORY RESTRICTIONS WHICH MAY AFFECT THEIR ELIGIBILITY TO ACCESS AND USE THE SERVICES, CREATE AN ACCOUNT OR TO PARTICIPATE IN ANY TRANSACTION IN CONNECTION WITH THE SERVICES. PROFESSIONAL LEGAL ADVICE SHALL BE SOUGHT IN CASE OF ANY DOUBT. INVESTORS ARE IN PARTICULAR SOLELY RESPONSIBLE FOR THE SWISS FEDERAL AND LOCAL TAX CONSEQUENCES, THE U.S. FEDERAL TAX CONSEQUENCES AS WELL AS ANY OTHER TAX CONSEQUENCES UNDER THE LAW OF ANY STATE OR RELEVANT LOCAL AUTHORITY AND SHALL SEEK PROFESSIONAL ADVICE IN CASE OF ANY DOUBT
2.2. iAccess Partners uses reasonable efforts to obtain information from sources which iAccess Partners believes to be reliable. However, iAccess Partners does not endorse, support, represent or warrant the accuracy, completeness or reliability of any content, information, opinion or forecast provided on the Website.
2.3. iAccess Partners does not warrant for uninterrupted and/or error-free availability and/or accessibility of the Services, in particular the Website, nor for continuous availability of information once provided on the Website at all times.
2.4. The Website may contain links to other websites. iAccess Partners is not responsible for the content, accuracy or opinions on such websites and such websites are not investigated, monitored or checked for accuracy or completeness.
3. Registered investors
3.1. Users meeting certain criteria may register on the Website and become a «Registered Investor». Registered Investors must demonstrate to have sufficient knowledge of private equity investment; have a sound understanding of risks, and have the ability to bear the risks associated with the investment. iAccess Partners may, in its sole discretion, refuse to offer access to any person without stating any reason and change its eligibility criteria at any time.
3.2. Information displayed to Registered Investors relating a specific investment opportunity (including, but not limited to, financial and other data relating to a Fund) has been prepared and provided by managers or distributors of the relevant Fund, not by iAccess Partners. iAccess Partners makes no representations or warranties as to the accuracy or completeness of such Information.
3.3. Investor shall keep confidential any content and any information relating to any specific investment opportunity. Without the prior written consent of iAccess Partner, the Investor shall not disclose, offer or transfer to any third party such information.
3.4. Investments in private equity involve significant risks. The value of the investments may rise as well as fall, and there is a risk that the Investor may suffer financial losses, including a total loss of invested capital. Investments in private equity are illiquid for a prolonged period of time, and Investor may not be able to sell or otherwise divest its investment during the lockup-period.
3.5. Registered Investors shall not invest in any other manner than through the Website in Funds displayed on this Website or otherwise submitted by iAccess Partners to them. Registered Investors who invest directly in such a Fund will be charged a flat fee of CHF 10’000.
3.6. iAccess Partners reserves the right to temporarily or definitively, partially or completely block or cancel any Account at any time for any reason without prior notice. iAccess Partners excludes all liability for the loss of any content, in particular Investor content, and any other loss, loss of profit or any other damage that might arise in connection with the blocking or cancellation of any Account.
3.7. The Services may include advertisements or similar content, and Investor has no claim against iAccess Partners for the placement of advertising or similar content notably on the Website or in connection with the display of such content.
4. Liability and indemnity
4.1. To the fullest extent permitted under applicable law, iAccess Partners hereby expressly excludes any liability for damages arising from, or in connection with, the access and use of the Website or of Services, including authorized or unauthorized third-party use of Accounts, or any reliance on any of the content provided on the Website.
4.2. The total liability of iAccess Partners in respect of all losses and liabilities arising under or in connection with these Terms, whether in contract, tort or otherwise, shall in no circumstances exceed an amount equal to the amount paid by the Investor to iAccess Partners in the 12-month period immediately preceding the date on which such loss or liability arose or CHF 1’000, whichever is greater.
4.3. Registered Investor agrees that it shall indemnify and hold harmless iAccess Partners from and against any and all damages, claims, losses, expenses, costs, obligations and liabilities (including, without limitation, reasonable attorney’s fees), suffered directly or indirectly as a result of (i) an unauthorized use of the Services or, (ii) a breach of these Terms.
6. Intellectual property
6.1. This Website and its content are the copyright of iAcccess Partners and/or of PE Fund Managers. Any redistribution or reproduction of part or all of the contents in any form other than for personal and non-commercial use only is prohibited. Content expressly reserved to Registered Investor shall under no circumstances be shared or made publicly available.
6.2. Investor grants iAccess Partners a worldwide, nonexclusive, royalty free, perpetual license on content, including on Investor content, they provide to iAccess Partners in order to use such content in connection with the Website. Investor declares that the provision of such content to iAccess Partners does not, and iAccess Partners’ use of such content in connection with the Website will not, infringe any third-party rights.
6.3. Investor who shares Website content for personal and non-commercial use shall identify the Website as the source of such content.
6.4. Investor who have reason to believe that the provision of any content on the Website infringes any copyright or other intellectual property right of a third party shall immediately notify iAccess Partners at email@example.com and ask for such content to be removed from the Website.
7. Term and termination
7.1. The Terms are applicable to any Investor as long as such Investor continues to access and use the Services or maintains an Account, if any.
7.2. Subject to clause 7.3., Investor may at any time terminate their relationship with iAccess Partners governed by these Terms by ceasing their access and use of the Services and cancelling their Account, if any.
8. Governing law and jurisdiction
8.1. The Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or the use of the Website shall be governed by and construed in accordance with the substantive laws of Switzerland.
8.2. Each Party irrevocably agrees that the courts of the Canton of Zug shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or the use of the Website.