Legal Disclaimer and Privacy Policy
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Legal Disclaimer
Please read these terms carefully before accessing this website as it notably explains certain legal and regulatory restrictions that apply to the information contained here in and investment products referred to on this website.This website, accessible at www.divergent-investments.com (hereafter “Site”), is operated by
Divergent Investments S.à r.l., société à responsabilité limitée
Address:
26B boulevard Royal,
L-2449 Luxembourg
R.C.S. Luxembourg:
B259294
VAT:
LU3368116
Phone:
+352 2886761
Fax:
+352 26440955
E-mail:
info@divergent-investments.com
(the “Company“, “we“, “our“). The Company is registered as an alternative investment fund manager pursuant to the Law of 12 July 2013 on alternative investment fund managers, as amended or supplemented from time to time (the 2013 Law) with the:
Commission de Surveillance du Secteur Financier (CSSF)
Address:
283, route d’Arlon
L-1150 Luxembourg
Phone:
(+352) 26 25 1 – 1 (central)
Fax:
(+352) 26 25 1 – 2601
E-mail:
direction@cssf.lu
Fax:
+352 26440955
Website:
https://www.cssf.lu/en/
The general terms here in apply without prejudice to additional terms applicable from time to time to certain features or sub-sections of the Site specifically referred to therein.
Access to the Site
By visiting this Site, you are deemed to have read, understood and accepted the present legal disclaimer (the “Disclaimer”).
The Company may amend this Disclaimer at any time at its sole discretion. You must stop using the Site if you do not agree with this Disclaimer or any subsequent amendment.
This Site is intended for professional investors, where the investor is located in the European Economic Area, (“you”, “your”) within the meaning of the 2013 Law and annex II of Directive 2014/65/UE of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments, as amended.
No offer / No Investment Advice
Nothing contained in this Site constitutes a general or individual investment advice, a recommendation or an offer to anyone or solicitation by anyone in any jurisdiction in which such an offer or solicitation is not lawful or in which the person making such offer or solicitation is not qualified to do so or to adopt any investment strategy.
Neither the information, nor any opinion contained in this Site constitutes a solicitation or offer by the Company to buy or sell any shares, units, or other financial instruments, nor shall any such instrument be offered or sold to any person in any jurisdiction in which such offer or solicitation would be unlawful under the securities laws of such jurisdiction.
In particular, no shares or units in funds (or any sub-fund thereof) referred to on this Site or otherwise managed by the Company may be offered or sold to citizens or residents of any country, state or jurisdiction where it would be unlawful to offer, solicit an offer for or sell such shares or units.
Performance Warning / Risks
Please note that all investments involve risks, including possible loss of principal. The prices of shares and income therefrom can go down as well as up, and you may not get back the full amount invested. Past performance is no guarantee of future performance. Currency fluctuation may affect the value of overseas investment. In emerging markets, the risks can be greater than in developed markets. Investors should be aware of the special risks associated with aggressively seeking capital appreciation, including investments in securities of a more speculative nature with greater emphasis on short-term trading profits, and concentration of stocks of specific sectors, as with the investments in the technology and biotechnology sectors. Such risks are more fully developed under the relevant fund’s offering documentation.
Current tax reporting, levels and reliefs in respect of any investment made in the products mentioned herein may vary and will depend on your personal circumstances.
Therefore you must rely on your own examination of the legal, taxation, financial and other consequences of an investment in funds and/or any sub-funds including the merits of investing and the risk involved or consult your stockbroker, solicitor, accountant or other financial adviser, as we do not provide investment advice through the Site.
Limitation of Liability and of Warranty
Unless stated otherwise, all information, texts, documents (including, without limitation, prospectuses, KIIDs, factsheets or periodic reports), brochures, images, photographs, videos, diagrams, graphics, opinions, statements and, in general, all content hosted and published on this Site (the “Content”) is made available to you only for general information purposes in relation to the services offered by the Company.
The Company has taken all reasonable care to ensure the reliability of information published on the Site at the time of online publication. However, this Site and its Content is provided to you ‘as is’ without warranty of any kind. Nothing in the Content should be deemed to constitute any legal, tax, accounting or any other professional advice or service. Decisions based on information contained on this Site are at the sole responsibility of the visitor.
In particular, and to the maximum extent permitted by applicable laws and regulations, the Company gives no warranty or representation as to the accuracy, reliability, completeness, updating or maintenance of the Content on this Site and waives all liability in relation to that Content. In no event shall the Company be bound by any decision on investment, disinvestment or conservation taken by any visitor of the Site on the basis of the Content, and, in this respect, the Company accepts no liability for any loss arising as a result of such action taken by any visitor.
You should not rely solely on the information contained on the Site as such information may not be updated on the Site. The Content may be changed or removed at any time at the sole discretion of the Company. The Company gives no warranty as to the availability of this Site without any interruption or error and assumes no responsibility for disruptions that are due to electronic communications networks and the speed of your internet connection. The Company assumes no responsibility for any damage that may be caused to your computer hardware, computer programs, files, information and archived data due to computer viruses, spyware, malware or other programming or security errors on the Site or on your computers, devices, programs and browsers.
Miscellaneous
In the event that any provision of this Disclaimer is or is declared null and void, the other provisions of this Disclaimer will remain in force and will not be affected by any such nullity. The provision declared null and void will be replaced by a new valid provision reflecting its spirit and purpose. The Company’s failure to exercise its rights under these provisions shall at no time constitute a waiver of any of its rights.
Applicable Law and Jurisdiction
These provisions are subject to the laws and regulations of the Grand Duchy of Luxembourg. The courts of the City of Luxembourg will have exclusive jurisdiction to settle any dispute concerning the interpretation and performance or non-performance of these provisions.