LEGAL

TERMS AND CONDITIONS – IMPORTANT LEGAL INFORMATION

1. PREAMBLE

DK Management offers on its website (hereinafter “the website”) information as well as various services. The accessing and use of the website are governed by the Important Legal Information (hereinafter “the Terms and Conditions”) set out herein. These Terms and Conditions shall be supplemented by any and all special agreements applying in connection with a service or product offered by DK Management where you or your representative (hereinafter “you”) act in a capacity as contracting party. Nevertheless, in the event of any conflict, the provisions contained in any such special agreement shall prevail.

By accessing and using the website, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions. Furthermore, you accept that DK Management may, at any time and without any prior notice requirement, alter the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access or use the website in any way whatsoever.

Persons who, by reason of their nationality or domicile or for any other reason, are subject to foreign regulations prohibiting access to banking services or investment instruments via the Internet or any other electronic distribution channel, or prohibiting or restricting the use of any information or functions provided on the website are not permitted to either access or use the website.

2. WEBSITE OWNERSHIP

The website is the exclusive property of DK Management. DK Management’s proprietary rights shall not be altered in any way by any reproduction or use of the website.

3. COPYRIGHT AND TRADEMARKS

The content and layout of the website are protected by copyright (all rights reserved) and other intellectual property rights, held by DK Management. Information provided on the website may only be downloaded, printed or otherwise reproduced - for personal, non-commercial purposes - provided that the copyright notes and other statutory proprietary designations are retained. You do not acquire rights by reproducing or copying in any way information available on the website; all rights are retained by DK Management.

It is forbidden under any circumstances to set up links, e.g. in the form of hyperlinks or inline links, to this website, to frame it, or to access it through inline links or through a frame, without DK Management's prior written approval. It is forbidden to reproduce in whole or in part, transmit by electronic or any other means, modify or use copyright elements of this website for public or commercial purposes without DK Management's prior written approval.

DK Management is a trademark of DK Management Sàrl. Other verbal and/or graphic elements featuring on the website and used to identify the origin of a product or service may be the trademarks of their respective owners, for example the trademark of one of DK Management’s commercial partners. These trademarks may not be reproduced or used without the prior permission of their owners.

4. NO OFFER OR ADVICE

All the information provided, in particular the opinions and analyses published on the website, is provided for information purposes only and should in no event be construed as an offer, a piece of advice or a recommendation to buy or sell a particular security or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.
All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation of the information available, in particular the opinions and analyses published on the website. You are solely responsible for such decisions.

All investments are subject to certain risks. Fluctuations in foreign exchange rates can also alter the value of investments. The future performance of an investment cannot be guaranteed by past performance. It is therefore possible that you do not get back the amount you invest. We strongly recommend that you seek professional advice before taking investment decisions.

5. EXCLUSION OF LIABILITY

Neither DK Management, its directors, officers, employees, agents or shareholders, nor third party information providers, their directors, officers, employees, agents or shareholders will assume any liability for any loss or damages whatsoever, be they direct or indirect, incurred as a result of accessing the website or using the information and services available on the website, or as a result of the inability to access or use any information or services available on the website.

6. DISCLAIMER OF WARRANTY

DK Management pays particular attention to the preparation and update status of the data provided. Nevertheless, it does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the information published on the website. Furthermore, information may be changed at any time without any prior notice being required.

7. LINKS

The activation of certain links on the website may cause you to leave the DK Management website. DK Management does not review any of these linked websites and does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these sites, nor shall it be in any way responsible for the products, services, information and other content offered via these linked sites. The same applies to websites offering links to DK Management’s website. Furthermore, prior written approval must always be obtained before a link from an external site to DK Management’s website can be created.

8. MATERIAL INTERESTS

DK Management, its directors, officers, employees, agents or shareholders may have or have had business relationships or other forms of dealings with companies whose investments/products feature on the website. Furthermore, DK Management, its directors, officers, employees, agents or shareholders may hold or have held investments/products which feature on the website.

9. CONFIDENTIALITY AND ENCRYPTION

Your attention is drawn to the fact that the data exchanged between yourself and DK Management is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Switzerland’s borders, even if both yourself and DK Management are located in Switzerland. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted.

Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption logarithms. In no event shall DK Management be responsible for any violations of measures governing the importing, exporting or use of encryption logarithms. You alone shall be responsible in the event of any such violation. Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail, is in principle not encrypted and may be intercepted.

10. PROPER USE OF THE WEBSITE

You undertake to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to DK Management or to the users of its website.

11. REGISTRATION AND USE OF YOUR ACTIVITIES ON THE WEBSITE

Please note that DK Management may record and analyze all your activities on the website for the purposes of security, system monitoring, management, marketing and compliance with legal and regulatory obligations incumbent on DK Management. DK Management undertakes to store such information using adequate security measures and for a limited period of time.

12. DEFINITIONS

The following definitions have been used for the purposes of the Terms and Conditions specified herein:

“DK Management”: the companies DK Management Sàrl or/and its affiliates
“website”: all web pages designed and managed by DK Management, as well as any and all information, services, products, software, tools, functions and links available thereon;
“information”: including, but not limited to, all data, prices, opinions, calculation results, technical analyses, articles, charts and other elements available on the website;
“investment”: including, but not limited to, cash, tangible assets, investment fund units, private equity, financial services and goods or commodities of any sort, as well as all forms of contracts and options associated therewith;
“U.S. Person”: any US American corporate entity or person that is one of the following.

• a citizen of the United States (with sole, dual or multiple citizenship);
• a person with the status of a US resident alien (e.g. a lawful permanent resident or “Green Card Holder”, or a person who has had substantial physical presence in the United States in the current year and the previous two years);
• a US taxpayer for any other reason;
• the “beneficial owner” within the meaning of US tax law of the assets deposited.

13. PLACE OF JURISDICTION

The sole place of jurisdiction for all disputes arising out of or in connection with the Terms and Conditions stipulated herein and/or the use of the website is Geneva, Switzerland. DK Management nevertheless reserves the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.

14. PARTIAL NULLITY AND CHOICE OF LAW

In the event of one of the Terms and Conditions being void, cancelled or rendered otherwise invalid, the validity of the remaining Terms and Conditions shall not be affected or impaired. In all other instances, the Terms and Conditions as well as the use of the website are exclusively governed by and construed in accordance with Swiss law.