Terms and Conditions of Use.
Access to and use of the www.parkholdings.com website (the "Site") and the materials found on it (the "Content"), including any investment services referred to on it (the "Investment Services") are subject to the following terms and conditions (these "Terms").
Unless stated otherwise this information is communicated by Park Capital SA which is regulated by the Swiss Financial Market Authority ("FINMA").
- Restricted Access
This Site, the Content and the Investment Services are not directed at or intended for distribution to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where the use of the Site (or the utilisation of the Investment Services) would be contrary to applicable law or regulation or would subject Park Capital SA to any registration or licensing requirement in such jurisdiction. Persons who wish to access this Site are required by Park Capital SA to inform themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access the Site or to subscribe to the Investment Services. Professional advice should be sought in cases of doubt.
- No Offer
The Content is provided for information purposes only and does not constitute a solicitation or offer, or advice or recommendation, to buy or sell interests in any investment products, to affect any transactions, or to conclude any transaction of any kind whatsoever.
- Monitoring by Man
Your use of the services on this Site may be monitored by Park Capital SA, and the resultant information may be used by Park Capital SA or its affiliates for its internal business purposes or in accordance with the rules of any applicable regulatory or self-regulatory organisation.
- No Commercial Exploitation
Except as stated in this section 5, the copyright and other intellectual property rights in the Content (including the Park Capital SA logo) are owned by Park Capital SA. Any use of the Content for any purpose is accordingly prohibited except as stated below. With the exception of Content supplied on the Site in Adobe Acrobat (PDF) format for you to download, you may not reproduce, transmit, modify, link into, store, archive or in any other way use for any public or commercial purpose this Site or any of the Content without the prior written permission of Park Capital SA. In particular, neither you nor any third party acting on your behalf or at your instigation may:
- redistribute to any other person any of the Content (whether as part of any library, archive or similar service or otherwise);
- remove the copyright or trade mark notice from any copies of Content;
- create a database in electronic or structured manual form by systematically downloading and storing all or any of the Content.
- Responsibilities of User
You are responsible for any use of the Site made by you. You undertake to use your best endeavours to ensure that nothing you do whilst accessing the Site will damage the Site.
- No Warranties and Exclusion of Liability
Whilst Park Capital SA shall use reasonable efforts to obtain information from sources which we believe to be reliable, Park Capital SA gives no warranty as to the accuracy, completeness or reliability of any information, opinions or forecasts contained on the Site, nor does it undertake to ensure that this Site will be available or accessible at all times. Park Capital SA shall have no liability (whether in contract, tort or otherwise) for any direct, indirect, consequential or special losses or damages of any kind whatsoever arising from or in connection with the access to, use of or linking to other websites ("Linked Websites") from this Site or any reliance on any of the Content.
Park Capital SA is not liable for persons or matters beyond its reasonable control (such as telephone and other communications networks, the internet or your internet service provider).
These exclusions of liability do not apply to the extent that such exclusions are invalid or ineffective under any law or regulation applicable to Park Capital SA.
- Investment Performance
Users should note that investments can involve significant risks and the value of an investment may go down as well as up. There is no guarantee of trading performance and past or projected performance is not necessarily a guide to future results.
- Estimated performance information
The estimated performance and/or valuation/NAV data ("Data") is based on estimated valuations or net asset values calculated by the administrator or a Park Capital SA company and may vary materially from the official valuation or net asset value and consequently are not the price at which shares/bonds/notes (or such other issued instrument) can be subscribed or redeemed. Investors should not rely upon the Data to make investment decisions or otherwise. The Data is provided to you for information purposes only and there shall be no right to request any underlying information, calculations or any other details regarding such Data. None of the Park Capital SA and its affiliates, the Investment Products (or the issuers of such products) and any official valuation calculation agent or any other service provider in respect of any product to which the Data relates make any representation or warranty regarding the accuracy of the Data nor accept any liability whatsoever in connection with the provision or your use of the Data. Any reliance on the Data is entirely at the user's risk.
Please note that interests in the investment products may only be purchased or sold in accordance with the terms of the prospectus issued by the investment products (or the issuers of such products) and the price the issuer of such product may quote may be materially different from the valuations set forth herein. Official valuations or net asset values will be subsequently published on the Site when finalised (and such other media or electronic platform as may be outlined in the relevant prospectus) and may be significantly different from the Data. Potential investors should note that alternative investments can involve significant risks and the value of an investment may go down as well as up. There is no guarantee of trading performance and past performance is not necessarily a guide to future results.
- No Reliance
Nothing contained on this Site constitutes investment, legal, tax or other advice or a recommendation to purchase or sell any investment. You should not rely on any of the Content in making an investment or other decision.
- Material Interests
Any one of Park Capital SA or its affiliates or their directors, officers, employees, agents or representatives may have or have had an interest or holding, relationship or other arrangement with the Investment Products which may be material. Potential investors should refer to the applicable offering documents for any Investment Product and in particular, the potential conflicts of interest discussed therein.
You should be aware that any rules and/or regulations applicable to the provision of financial services (and the resultant investor protection benefits that may be available), may not be applicable to interfacing conducted through the internet medium and its various applications, of which this material forms part.
- Intermediary Access
Park Capital SA may from time to time provide persons with whom Park Capital SA has entered into an intermediary or distribution agreement (each an "Intermediary") with links to Investment Product and ancillary subscription documentation available on a separate section of the Site (the "Product Links"). Park Capital SA shall provide such Product Links to an Intermediary on the basis that such Intermediary shall in its subsequent use of such Product Links in connection with dealing with its clients and customers agree to:
- comply with the terms and conditions of the intermediary or distribution agreement with Park Capital SA including, without limitation, observing the terms and conditions from time to time relating to the promotion and sale of each Investment Product whether contained in the Investment Product's prospectus or imposed by law or regulation;
- take particular note of (and act in accordance with) the relevant selling restrictions contained in an Investment Product's prospectus and any applicable law or regulation in the country in which the Intermediary promotes the Investment Products;
- accept that Park Capital SA shall hold the Intermediary responsible for compliance with applicable law and regulation (including, without limitation, any distance marketing and e-commerce law or regulation applicable to the Intermediary's activities);
- satisfy itself that the onward distribution of a Product Link provided by Park Capital SA can be lawfully circulated to the Intermediary's clients and customers; and
- incorporate any suggested disclaimer or wording which Park Capital SA may provide the Intermediary for incorporation in any communication the Intermediary adopts when circulating the Product Link to its clients and customers
These Terms, your access to and use of the Site and the Content and any dispute or claim arising out of or in connection with these Terms or your use of the Site and Content shall be governed by and construed in accordance with English law.
The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms or their subject matter, save that Park Capital SA may enforce its rights in the courts of any jurisdiction having competence to issue an injunction directly enforceable against you.
- Viruses, Hacking and other offences
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any Linked Website.
- Changes to the Site
We aim to update the Site regularly, and may change the Content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. You should check the Site regularly to check the Content. We may make changes to these Terms at any time. You should check the Site regularly to check these Terms.