TERMS OF USE

By accessing the website https://moonshot.ch (the Website) of "Moonshot" (owned and operated by HFWM AG, Switzerland, with company number CHE 279.251.514 AG) or any affiliated company mentioned on the Website (the "Website") (hereinafter Moonshot), you acknowledge that you have read, understood and agree to be bound by all of the terms and conditions of use and the Website Privacy Policy. If you do not agree with the Terms, you may not access the Website.

1. LAWFUL USE

The contents of our website may only be used within the framework of the applicable laws. In particular, the use of published postal addresses, telephone or fax numbers and email addresses for marketing purposes is prohibited, offenders sending unwanted spam messages will be punished.

2. ACCESS RESTRICTION

By accessing this website, you also confirm that you are a resident of Switzerland and that you are a professional client within the meaning of Art. 4 (3) to (5) or Art. 5 (1) and (4) of the Financial Services Act (FIDLEG).

None of the financial instruments mentioned on the website are made available to persons who are resident in a country, state, or jurisdiction in which the distribution of these financial instruments conflicts with the laws or regulations applicable there, nor are the relevant term sheets, prospectuses or other information documents distributed. Persons in respect of whom such restrictions apply must not access the Website. Users of the Website are responsible for ensuring that they are legally entitled to access the Website. None of the financial instruments referred to on the Website is or will be registered in the United States of America under the Securities Act of 1933, as amended. Therefore, none of the financial instruments is intended to be offered, directly or indirectly, in the United States of America (including its territories and colonies), to nationals and residents of the United States of America, to persons ordinarily resident in the United States of America or to persons for the benefit of or inuring to the benefit of U.S. nationals (as defined in Regulation S under the Securities Act of 1933). Persons in respect of whom such restrictions apply must not access the website.

The information provided on our website constitutes advertising for financial instruments within the meaning of Art. 68 FIDLEG. It is for information purposes only and does not constitute investment advice, a solicitation, or a recommendation to buy or sell financial instruments, nor does it constitute a recommendation or decision-making aid for investment and is not the result of objective or independent research. The contents of the website do not claim to be complete and only represent certain features of the instrument described. They are based on information and data provided by the issuer of the respective financial instrument. Although HFWM AG has made reasonable efforts to ensure that the information contained on the Website is current and accurate, and although HFWM AG takes all reasonable care in compiling and updating the information on the Website, it has not verified and cannot guarantee the accuracy and completeness of the information presented on the Website, and HFWM AG makes no representation or warranty, express, statutory or implied, with respect to the information contained on the Website, any part thereof or any results obtained therefrom. The information provided on the website has been prepared without regard to the objectives, financial situation, personal circumstances or needs of any particular investor. While interested investors are strongly advised to carefully consider all relevant investment information provided on the Website, they should in all cases consult their own financial and tax advisors regarding the risks and benefits of the financial instruments presented on the Website before making any investment decision.

 

3. USER CONDUCT

Users may not use the Website if they are subject to any of the restrictions set forth in Section 2. Furthermore, users are not allowed to misuse the website and are prohibited from processing material through the website:

- That is threatening, defamatory, obscene, indecent, inflammatory, abusive, pornographic, abusive, racist, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, privacy threatening or may cause annoyance or inconvenience; or

- For which they do not have all required licenses and/or permits; or

- which constitutes or encourages conduct that would be considered a criminal offense in any jurisdiction, give rise to civil liability, or otherwise violate the law or infringe the rights of a third party; or

- which are technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, malicious components, corrupted data or other malicious software or harmful data).

 

4. LIABILITY

The content of this website has been prepared with care, but Moonshot cannot guarantee its completeness and/or accuracy. The website provides information about Moonshot's services, which may be changed at any time without prior notice. The information provided on the Website should not be construed as financial advice. The information on the Website is general in nature and is not a substitute for the advice of a financial or tax advisor.

In particular, Moonshot (HFWM AG) is not liable for damages resulting from e-mail messages not received or received too late. This also applies to other unprotected forms of communication that are comparable to e-mail messages in their function and risk liability.

Past performance is also no guarantee of future returns. In particular, there is no guarantee that an investor's capital will be protected or that the value of the capital invested or the shares will be equal to or greater than the investor's original investment if the investor sells his shares or withdraws his capital.
HFWM AG and its contractual partners disclaim any liability (including negligence and liability) for direct, indirect or consequential damages resulting from reliance on this website, in connection with the information, performance data and other details, links or other communications contained on the website or in connection with the risks of the financial instruments presented on the website or the risks of the financial markets.

In this sense, all representations and warranties are excluded, including warranties as to fitness for a particular purpose.

Neither Moonshot nor any of its affiliates, agents, contractors, or licensors shall be liable for any loss, injury, or damage (including, without limitation, direct, indirect, punitive, or consequential damages, loss of income, profits, goodwill, data, contracts, use of money, or any loss or damage arising out of or in any way connected with any business interruption). This is regardless of whether such damages were foreseeable, known or otherwise apparent, or advised of the possibility of such damages. Moonshot shall not be liable in tort (including for and without limitation negligence), contract, or otherwise. Further, Moonshot shall not be liable, without limitation, for any contingencies beyond its control in obtaining, compiling, interpreting, reporting, or delivering data, and for any conclusions drawn, decisions made or actions taken as a result of the use of the Site or any portion thereof.

Nothing in these Terms of Use shall exclude or limit Moonshot's liability (i) for fraud or gross negligence, (ii) for death or personal injury caused by Moonshot, or (iii) which cannot be excluded or limited under applicable law.

You agree to defend, indemnify and hold harmless Moonshot and its affiliates, agents, contractors and licensors, and their respective directors, officers, employees, agents, and independent contractors from and against any and all damages, claims, and expenses, including reasonable attorneys' fees, arising out of or in connection with your misuse of the Website, i.e., any use of the Website in violation of these Terms of Use or applicable law or regulation.

 

5. THIRD-PARTY WEBSITES (LINKS)

Certain links on the Website lead to third-party websites. Moonshot has no influence on these websites and assumes no liability for the accuracy, completeness, and legality of the content of these websites and for the products and services offered there.

 

6. INTELLECTUAL PROPERTY RIGHTS, CONFIDENTIAL INFORMATION AND TRADE SECRETS

You acknowledge and agree that the Site and all portions thereof may be protected by copyright or other intellectual property or unfair competition laws and are and shall remain the property of Moonshot and/or its licensors. Such content may only be used in accordance with these Terms of Use, or pursuant to a different agreement between you and Moonshot, as applicable, and in compliance with all applicable laws and regulations. Any unauthorized use is strictly prohibited.

All brand names, trademarks, service marks, and other product and service names and logos, whether registered or unregistered, on the Site, are the property of their respective owners and protected by applicable law.

Reproduction, distribution, modification, linking, or use in whole or in part for commercial or public purposes and any form of exploitation outside the limits of copyright law requires the prior written consent of Moonshot. No license to use the intellectual property of third parties is granted by this website. All rights not expressly granted in these terms and conditions are reserved.

 

7. CONFIDENTIALITY AND DATA PROTECTION

As far as personal data is processed on this website, please refer to Moonshot's privacy policy regarding the handling of this data.

 

8. CHANGES

We reserve the right to make improvements or changes to these terms of use and the content of this website at any time and without prior notice. This website was last modified on February 01, 2022.

 

9. FINAL PROVISIONS

If any provision of these Terms of Use is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. If you believe that you have rights different from or in addition to those set forth in these Terms of Use under mandatory applicable law, please notify us immediately so that we can provide an alternative solution.

Our failure to enforce strict compliance with any of these Terms of Use shall not be deemed a waiver of any rights and/or obligations.

 

10. APPLICABLE LAW AND JURISDICTION

These Terms of Use are governed by the substantive laws of Switzerland, unless the laws of another country are mandatorily applicable.

The place of jurisdiction for all disputes arising from and in connection with this website shall be at the registered office of HFWM AG unless another place of jurisdiction is mandatory.

Should the German and English versions differ in content, the German version shall take precedence over the English version.

 

11. CONTACT US!

If you have any comments or questions about these Terms of Use or our website, please contact us by e-mail at info@moonshot.ch.

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