General Terms and Conditions of Service

Introduction

These General Terms and Conditions of Service (“Terms” or “Agreement”) govern the legal relationship between Zadig Asset Management SA, a Luxemburg corporation with its registered address: 70C, route d’Arlon L-8008 Strassen Luxembourg (“Zadig“, “we“, “us” or “our“), registered in Luxemburg under registration number B154248 and the User of our Services (“you” or “your” or “yours“), accessing our content offered on the following URL: https://www.zadig.lu (“Website”).

You will enter into this Agreement either on behalf of yourself or the corporation you are authorized to legally bind to these Terms. You acknowledge and agree that you have read and understood our Privacy and Cookie Policy and our Financial Disclaimer. With regard to their respective subject matter, those documents shall supersede these Terms in the event of conflicting provisions. The General Terms and Conditions of Service shall exclusively apply to our Services and access to our content.

Article 1. Services and Access to Content

1.1. Services and Content

As part of our Services, we offer access to our content to registered and authorized Users. These Terms shall always contain the most recent definition of the Services and content provided by us. Our Services may include access to (a) general financial information; (b) fact sheets; (c) prospectuses; (d) portfolio details; (e) financial presentations; (f) fund performances and subscription to our monthly newsletter.

1.2. No Investment Advice

Under the relevant sections in this Agreement about Disclaimers, the information published on our Website does not constitute a request, offer or recommendation to buy or sell the financial instruments mentioned on this site. Nor does it constitute an invitation to enter into any other type of transaction. It cannot be regarded as investment advice.

1.3. Scope of Services and Content Access

Zadig gives consent to each User to access our financial content that may include and view, download, or print any of its contents, including but not limited to any documents that are available free of charges, such as newsletter and other financial information.

1.4. Authorized Users

You shall be the principal authorized User of our Services by accessing the content. Unless approved by us, the rights in and to the content are solely limited to one authorized User.

2. Content and Information Services

2.1. Services and Content

We offer on our Website content and free information to registered and authorized Users. The content on our Website is provided on an “as is” basis, and we may remove, change and update it. We will never make any promises or guarantees about all the content and information on our Website, and we disclaim our responsibility for any information that is incorrect or has errors.

2.2. No Guaranteed Results

We select and provide the content based on our best efforts. However, you agree and acknowledge that we can never guarantee any results from any of the content published on our Website nor its effectiveness.

2.3. Third-Party Information

The User understands and agrees that the performance of our Services may depend on the availability and performance of third-parties. As a result, some information may not be immediately available. Moreover, we are never responsible for the delay or correctness of third-party information published on our Website.

Article 3. User Sign-up, Verification and Use of Services

3.1. Account

In order to use our Service and access our content, you must first have received our permission to access the content. We may monitor your visits on and use of the Website and content. User shall always remain responsible for verifying all (personal) data sent to us is complete and correct, including keeping its (personal) data up to date.

3.2. Account

You are eligible for one account only, which remains strictly personal and may not be transferred. Moreover, you must not hold multiple accounts under one person or company. At all times, your username and password remain confidential, and you are responsible for all activities performed under your account. You agree that Zadig may make inquiries so as to verify your identity with the help of third-party service providers. We may temporarily restrict access to your account until we have fully completed the abovementioned verification process.

3.3. Services

Zadig may decline without giving any prior motivation your request to access our content. We are never liable when we reject such a request.

Article 4. Ownership and Rights

4.1. Warranty of Originality

Zadig represents and warrants that it is the rightful owner of the Website and the Services, which are our own and original work, or we are the recipient of a valid license or right to use the content and information on our Website. Zadig may grant access, intellectual property and other rights without the permission of any third party.

4.2. Rights

User understands and agrees that, unless stated otherwise, Zadig owns and retains all right, title and interest in and to the Services and Website, including all improvements and future versions, including but not limited to any working method, software or any other technology.

4.3. Forbidden Use

Users must not copy, adapt, republish, distribute or create derivative works from our Website. In any other case, you are unauthorized to copy the content or infringe any other intellectual property rights on our Website, such as the design, trademarks and copyright protected materials.

Article 5. Client Obligations

5.1. Information

The User undertakes to provide Zadig with all information, documents and materials that are required to complete User’s registration and your access to the content may be delayed when the registration has not been completed yet.

5.2. Third-Parties

In the event User is represented by a third-party, including but not limited to a subcontractor, agent or affiliate, User undertakes to provide Zadig with any documents or supporting evidence to demonstrate that such third-party duly represents the User or its company.

5.3. Third-Party Services

We may offer our Services with the help of third-parties. Moreover, we may mention other companies and service providers on our Website. However, we are never responsible for the relationship you establish with those third-parties. Therefore Zadig waives all responsibility and liability when such a third party fails to perform its contractual duty. The relevant Sections in this Agreement about third-party disclaimers shall apply accordingly.

Article 6. Warranties, Disclaimers and Indemnification

6.1. Warranties.

We make no warranties, express or implied, including and without limitation any implied warranties of merchantability or fitness for a particular purpose. User accepts our Service and content on an “as is” or “as available” basis with no representations of any kind.

6.2. Waiver of liability

Our Website, Services, content, including downloadable information, newsletters, and reports, are only provided for the purpose of informing you. We are never responsible for any information that is inaccurate, erroneous, incomplete, outdated or incorrect. You agree that Zadig will never be held liable for any information provided to you that will result in any damage or loss.

6.3. Content Disclaimer

You shall be responsible for the way you use our Website and the content. You take full responsibility for any actions and decisions based on the Website and the content, including losses and any type of damage, injury and/or civil or criminal liability.

6.4. Disclaimer Third-Party Information

Zadig makes use of third party services and information, and we may publish or communicate general financial information, fact sheets, prospectuses, portfolio details, financial presentations, fund performances and newsletters. Zadig disclaims all liability for any incomplete or incorrect information provided by any third-party. You shall be responsible for the way you use our Website and the content. You take full responsibility for any actions and decisions based on the Website and the content, including losses and any type of damage, injury and civil or criminal liability.

6.5. Indemnification

User indemnifies and holds Zadig harmless, including its officers, employees, agents, affiliates and subcontractors against all liability, cost, or damage(s) arising out of this Agreement, including all reasonable attorney fees, legal expenses and related costs in connection to this Agreement.

6.6. Force Majeure

No Party to this Agreement will be responsible or liable to the other Party for any failure or delay under this Agreement if such failure or delay is a direct result of circumstances beyond that Party’s control, including, but not limited to, any fire, power failure, labor dispute, war, civil dispute, or government action (including new laws and regulations), acts of Gods or epidemics and pandemics.

Article 7. Miscellaneous

7.1. Compliance

Each Party represents and warrants that: (a) it is duly organized, and in good standing in the jurisdiction where it operates; (b) the execution of this Agreement by such Party has been duly and validly authorized; (c) these Terms constitute a valid, binding, and enforceable obligations on the Parties; and (d) Parties will comply with all applicable laws, rules, and regulations while performing its duties under this Agreement.

7.2. Notices

All notifications under the terms of this Agreement will be given in writing and sent by overnight courier, registered mail, email, or will be delivered by hand to the known addresses of Parties.

7.3. Assignment

This Agreement nor any rights or obligations under this Agreement may be assigned or transferred by User, in whole or in part, whether voluntarily or by operation of law, without the prior written permission of Zadig. However, Zadig may assign this Agreement and its rights and obligations without User’s consent in connection with the sale or transfer of all or substantially all of the business by the sale of stock, sale of assets, a merger or acquisition.

7.4. Severability

If any provision, term or conditions in these Terms are found to be unlawful, invalid or unenforceable, Zadig and User will attempt in good faith to agree to amendments that will preserve, as far as possible, the original intentions expressed in this Agreement. If the Parties fail to agree on such an amendment, the invalid term, condition, or provision will be detached from the remaining provisions, terms and conditions of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law.

7.5. Headings

The headings in this Agreement are used for reference purposes only and will not be considered to have any meaning when interpreting this Agreement.

7.6. Modifications

These Terms are subject to continuous review. In case of any differences with other or past versions of these Terms, the current version, publicly available on our Website, shall always prevail.

7.7. Prior Covenants

These Terms and any other agreements shall contain the entire Agreement between the Parties concerning the subject matter, and it supersedes all previous representations, understandings and agreements, either oral or written, between the Parties.

7.8. Complaints

The User who experiences an issue with the Service and content provided by Zadig should raise such a matter directly with us via our contact form or by emailing us at info@zadig.lu. Upon receiving a complaint, Zadig will perform its best efforts to resolve it.

Article 8. Choice of Law, Jurisdiction and Dispute Resolution

8.1. Applicable Law and Forum

The Agreement shall be governed by and construed in accordance with the laws of Luxembourg. Any conflict or dispute between the Parties that may arise in relation to this Agreement shall be exclusively submitted to the competent civil court in Luxembourg.

8.2. Dispute Resolution

In the event of any dispute, you must immediately notify Zadig (via the contact form or by email) within five (5) working days after such dispute has arisen and Parties must attempt to resolve such conflict amicably.