WEBSITE – TERMS & CONDITIONS OF USE
1. CONSENT Please read the following terms and conditions of use (“Terms”) carefully before using the Website www.kosmocapitalgm.com (KCGM). By accessing the Website, you agree that you understand and fully accept these Terms. If you do not understand or do not accept any provisions of the Terms, please leave the Website. Viewing this Website does not create an engagement or client relationship with KCGM. KCGM reserves the right to change, modify, add or remove parts of these Terms from time to time at its own discretion. Therefore, please read these Terms whenever you access the Website and check whether you agree with the new Terms. You acknowledge that by accessing the Website after we have posted changes to these Terms, you are agreeing to these Terms as modified. If you do not understand or do not accept any provisions of the present Terms, please leave the Website.
2. LIMITED ACCESS This website is intended for professional, institutional or qualified clients. This Site is not suitable for retail clients. If you are a retail client, please leave this Site immediately. This website is intended for financial professionals only. This Website must not be accessed by any person who (by reason of that person’s nationality, residence or otherwise) is subject to any jurisdiction prohibiting publication of the contents of the Website or access to the Website (for whatever reasons). Persons to whom such restrictions apply are not allowed access to the Website.
3. NO OFFER The information and opinions published on the Website do not constitute an advertisement or a recommendation, solicitation, offer or invitation to submit an offer to (i) purchase or sell any investment instruments, (ii) perform any other transactions, or (iii) conclude any other legal transactions. They are merely for information purposes.
4. NO ADVICE The information and opinions published on the Website are not to be construed as investment advice or any other kind of advice on legal, tax, financial or other issues. They are not suitable to be used as a basis for decision-making. Please note that KCGM is not a law firm or accounting firm and does not provide legal or accounting advice for US-resident clients. Please consult a specialized expert before making any decision to take concrete action.
5. NO REPRESENTATION OR WARRANTY KCGM provides no representation or warranty (neither express nor implicit) that the information and opinions published on the Website are correct, accurate, reliable, complete, true and up-to-date. KCGM does not represent or warrant that the Website will be uninterrupted, that any defects will be corrected, that the site is free of viruses or other harmful components. In particular, KCGM is in no way obligated to update outdated information or opinions, remove them from the Website or mark them correspondingly. The information and opinions contained on the KCGM-Website are subject to change at any time without notice. Likewise, KCGM assumes no responsibility and gives no warranty that (i) the Website will perform without error or interruption, and (ii) that the KCGM-Website and all other components used in accessing the Website contain no harmful elements (particularly viruses). We wish to point out that past performance of an investment instrument is not necessarily indicative of its performance in the future. Investing is inherently risky and could include the complete loss of principal invested. Moreover, investments in foreign currencies are subject to exchange rate fluctuations. Also, distributions in connection with an investment instrument may vary. KCGM does not offer any guarantees of success and does not provide any warranty for (i) the increase in or maintenance of the value of investment instruments and (ii) the amount of future distributions.
6. NO LIABILITY Liability of KCGM, its employees, directors, officers and shareholders for damage of any kind (including consequential damage) directly or indirectly resulting from access to the Website shall be excluded. KCGM shall have no liability for any losses or damage arising from the use of or reliance on the information contained on the Website, including, without limitation, any loss of profit or any other direct or indirect damage.
7. INVESTMENT BANKING PRODUCTS The Website contains information on financial products and macro-economic outlooks. KCGM provides no warranty (neither express nor implicit) that the information and opinion published on the Website are correct, accurate, complete true and up to date.
8. INTELLECTUAL PROPERTY All elements contained on the Website are protected by intangible property rights and are owned by KCGM or third parties. The downloading or printing of elements of the Website does not involve the transfer of any rights whatsoever, particularly no rights relating to software, trademarks or elements of the Website. Notices relating to copyrights and brands must neither be changed nor removed. The reproduction of elements of the Website in whole or in part, in whatever form (particularly in electronic or printed form), is only allowed with full acknowledgment of source. The publication of reproduced elements of the Website is only allowed with the prior written consent of KCGM and with full acknowledgment of source.
9. POTENTIAL CONFLICTS OF INTEREST It is possible that KCGM itself or its directors or employees invested, are investing or will invest in investment instruments with respect to which the Website contains information or opinions. Moreover, it is possible that KCGM provided, is providing or will provide services to the issuers of such investment instruments. Furthermore, it cannot be excluded that employees or directors of KCGM engaged, are engaging or will engage in activities for the issuers of such investment instruments, e.g. as directors. KCGM itself or its directors or employees could therefore have an interest in the future performance of investment instruments.
10. LINKS TO OTHER WEBSITES The Website may contain links to websites which are not reviewed by KCGM. KCGM has not investigated such websites and is not responsible for their contents. The use of such links is for your convenience only and you access them at your own risk.
11. High Net Worth Individual / Sophisticated Investor Self-Certification By accessing this Website you confirm to be a High Net Worth Individual or a sophisticated Investor.
12. APPLICABLE LAW & PLACE OF JURISDICTION Kosmo Capital GM Ltd is incorporated in England and Wales, the use of the Website as well as these Terms is subject to the laws of The United Kingdom.