Terms of Use

TERMS AND CONDITIONS OF USE

Use of the site www.efwcapital.ch.com (henceforth the “Site”), owned by EFW Participações Ltda. (henceforth “EFW Capital Advisors”), by the user is subject to these Terms and Conditions of Use.

In order to use the Site, the user must first read and expressly consent to these Conditions of Use, Privacy Policy and any other Specific Conditions that might be applicable (under their posted versions) by visiting and/or using the Site either occasionally or continuously; the user is hereby clearly notified that visiting and/or using the Site will constitute acceptance of the Conditions of Use. The user will not be allowed to visit or to use the Site if said person does not accept, without reservations, these Conditions of Use, in which case the user should immediately cease access and/or use of the Site.

If any content or service made available on the Site by EFW Capital Advisors is subject to specific regulations, the user is hereby notified that such regulation might replace, complement, and/or modify this document.

Warnings and instructions posted on this Site should be construed as complementary to the current Conditions of Use, and the user must abide by and respect them in their entirety.

EFW Capital Advisors maintains the right to change, to eliminate, or to expand, freely and at any time, without prior notice, these Conditions of Use, and it will be the user’s duty to read them whenever visiting and/or using the Site.

EFW Capital Advisors does not charge users for access to the Site.

EFW Capital Advisors automatically receives and stores information on its servers about browser activity, such as IP addresses and the pages viewed.

For general visitation and/or use of the Site, users do not have to sign up and/or register.

However, to gain access to certain content and information on the Site, the user may be asked to provide personal information, such as their username and password.

The user understands and agrees that they will be responsible for ensuring the confidentiality of the password associated with the username used to gain access to certain content and information in the Site, accepting sole liability with respect to EFW Capital Advisors for all activity that occurs with their account and password. In the event that the user becomes aware of any unauthorized use of their password or account, the user agrees to immediately notify EFW Capital Advisors.

If a user requires authorization from his or her parents, custodians or legal guardian to be able to visit and/or to use the Site, the user must secure this authorization from such person(s), who will then become fully liable for all actions of the authorized user, as well as for the content to which the user may have access and/or use.

The user agrees to correctly use the Site, only for its permitted purposes, in accordance with the present Terms and Conditions of Use, the Privacy Policy, any Specific Term possibly applicable, as well as with warnings and instructions issued by EFW Capital Advisors and the current law.

The user agrees and pledges to use the Site correctly, solely for its permitted purposes, in accordance with the present Conditions of Use, the Privacy Policy, any Specific Condition that may apply, as well as with warnings and instructions issued by EFW Capital Advisors and current law.

The user agrees and pledges not to take part in any process or activity that might interfere or disrupt the Site, its servers, or the networks connected to the Site. The user also agrees not to replicate, reproduce, copy, sell, market, or resell the Site’s content, except when expressly authorized by EFW Capital Advisors.

The user shall keep in good condition all equipment needed for Internet access, taking all necessary safety measures for the protection of the user’s equipment, systems and files against undue activity and unauthorized invasions by other Internet users.

The user agrees that he/she is the sole person liable for any breach of obligations, acknowledging that EFW Capital Advisors has no liability to the user or any third party; and that the user will answer for all consequences, such as losses, damages or any harm that EFW Capital Advisors and/or third parties might suffer as a result of not complying with these obligations.

All information regarding user’s privacy protection and data protection procedures adopted by EFW Capital Advisors can be found in the Site’s Privacy Policy, the user being in accordance with the data protection procedures, as well as with the Site’s Privacy Policy.

Trademarks, commercial names or distinctive signs of any type associated to the Site are the exclusive property of EFW Capital Advisors or its associates. Using the Site does not give any license, authorization or any other right to use any trademark.

All information on this Site is protected by copyrights and intellectual property rights held by EFW Capital Advisors. Therefore, none of this information may be copied, modified, stored, distributed, translated, commercially exploited or reused, in whole or in part, without written consent from EFW Capital Advisors.

The user expressly agrees that use and/or access to the Site’s content is at the user’s risk and expense, understanding that the Site’s content is offered as-is and depends on availability. Thus, EFW Capital Advisors does not guarantee that the content is updated or complete or that its use will meet the user’s needs.

For strictly technical and operational reasons, EFW Capital Advisors cannot ensure the Site’s availability and continued operation. EFW Capital Advisors may issue advance warnings about possible interruptions of services on the Site, but it will never be able to guarantee that its use will remain continuous, punctual, secure, or flawless, and that any problem with the Site will be fixed.

EFW Capital Advisors does not guarantee virus-free content on the Site, in third-party services, or in other elements that may cause changes to the user’s system or in stored electronic files or documents. EFW Capital Advisors is thus held harmless of any liability for potential losses, damages and harm of any kind caused by such problems. Any file and/or electronic document downloaded is obtained according to the user’s own judgment, at its risk and expense, with the user being solely liable for any damage to the computer system or for loss of data caused by downloads.

EFW Capital Advisors does not guarantee the accuracy, usefulness, or infallibility of the Site and/or its content, and is held harmless of all liability for potential losses, damages or harm of any kind resulting therefrom. Moreover, EFW Capital Advisors is likewise held harmless of any liability for potential losses, damages or harm of any kind resulting from interruptions or discontinuity in the Site’s operation.

EFW Capital Advisors does not guarantee the lawfulness, veracity, or reliability of content published or posted by third parties on the Site, nor is it responsible for comments, opinions, information, statements, messages, videos, texts, images, audio or any other type of content that may be posted, published and offered by third parties on the Site, with civil and criminal liability solely and exclusively attributed to the respective authors. EFW Capital Advisors reserves the right to store, whenever possible, these authors’ information in order to enable identification.

EFW Capital Advisors offer its users links to Internet pages or sites owned by third parties in order to facilitate the user’s access to information. However, EFW Capital Advisors does not control these pages or sites and therefore cannot guarantee or take any responsibility for any losses, damages or harm of any kind resulting from the links to said pages or sites.

The Site’s search-engine results are generated by automatic technical mechanisms, and as a result EFW Capital Advisors cannot control, and in fact does not control, said results.

There are forms on the Site for the user to enter personal information that will be handled by automated tools in accordance with current law and the Site’s Privacy Policy. The user consents and represents that all information provided to EFW Capital Advisors is true and correct, and the user is responsible for keeping such information updated. The user will be held liable for false or incorrect information given to EFW Capital Advisors that cause any damage or harm to EFW Capital Advisors or to any third parties.

Although EFW Capital Advisors adopts the legally mandated levels of security and protection for personal information, the user must bear in mind that Internet security measures are not foolproof.

EFW Capital Advisors reserves the right, at any time and without prior notice from it or from third parties, to refuse or to terminate access to the Site by any user who does not comply with these Conditions of Use.

EFW Capital Advisors recommends that the Site’s users and investors carefully read all their funds’ prospectuses and regulations before investing any money. Investment funds are not backed by any warranty from the fund’s manager, from the portfolio manager, from any sort of insurance, or from any other kind of warranty. Past performance is not a guarantee of future earnings.

These Conditions of Use are solely and exclusively regulated by Swiss law. The courts of the city of Geneva, Switzerland, are hereby selected to settle any potential, unexpected legal conflict related to these Conditions of Use, renouncing all others, regardless of how privileged they might be.