“www.baloise-fund-invest.com” is the Internet site of Baloise Fund Invest (Lux) (hereinafter referred to as “BFI”). Anyone accessing this website and calling up information is obliged to agree with the following terms and conditions.
Scope of application
The scope of application of the services presented on this website may vary. In this connection, please observe the corresponding notes on the individual websites. This website is generally not aimed at anyone who is not permitted to access it pursuant to the applicable law.
Unless specified otherwise, the (fund) products of BFI presented on this website are only intended for persons residing or domiciled in Switzerland, Germany, Luxembourg or Belgium. If you are not domiciled in one of the above countries, you are not permitted to access this website. Irrespective of their domicile, “US persons” (see here for a definition of US persons) are expressly prohibited from visiting this website.
Use of the website and exclusion of liability
In designing and maintaining its websites, BFI takes all necessary technical and organisational measures and precautions to ensure that they run smoothly. Nevertheless, application errors, such as loss or falsification of data, virus attacks, temporary breakdowns, etc., cannot be ruled out. Users access the websites at their own risk. In particular, BFI provides no guarantee for faultless functioning or the functioning in general of the website. Nor can it guarantee that the website or the server it is stored on is free from viruses or faulty components.
BFI shall not be liable for any loss or damage, or consequential loss or damage, resulting from access to its websites or individual elements contained on the websites or their use (or from any inability to access or use the websites or elements).
In the event of security risks being identified, BFI also explicitly reserves the right to temporarily interrupt, or in severe cases, to block access to the websites until the security risks have been eliminated. BFI shall not be liable for any loss or damage, or consequential loss or damage, resulting from the interruption or blocking of access.
Reliability of the published information and exclusion of warranty
BFI exercises due diligence to ensure that the information published on the websites is correct, up to date at the time of publication and in compliance with the Belgian Law of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data. Neither BFI, nor their contractual partners are liable for losses incurred due to investment decisions of any kind taken on the basis of erroneous or insufficient information or owing to a lack of information. Please note in particular that the future performance of a product or investment instrument cannot be deduced from past performance. Likewise, the protection of the value of capital invested can also not be guaranteed.
The (fund) products and services presented on the websites of BFI shall not be construed as an offer or a recommendation to purchase or sell investment instruments. Unless expressly stated to the contrary, BFI reserves the right to reject an application without stating reasons.
If you are interested in a (fund) product or service, please read the terms and conditions to the contract and the basic legal information (e.g. the relevant fund prospectus, key investor information document (KIID), and the latest annual and half-year reports) and seek the advice of our customer advisers or that of a qualified expert.
Reservation of right of amendment
BFI expressly reserves the right to modify information on its websites at any time and without prior notice.
All elements of the BFI websites are protected by copyright and are owned exclusively by BFI. Website content may only be downloaded, printed, copied, saved and edited, fully or in part, for private use. If elements are reproduced in any form (either electronically or in print), either in whole or in part, BFI must be mentioned specifically by name. Copyright notices, trademarks and other legally protected names may not be altered or removed.
The following also applies:
- Subscription to BFI units
Subscriptions to units in BFI are only valid in conjunction with the most recent prospectus and the key investor information document (KIID), together with the latest annual report and the latest half-year report, if this is more recent than the annual report. No-one is permitted to disclose information that is not in the prospectus or the publically accessible documents mentioned in the prospectus.
- Risk notice in connection with investment in BFI units
Investors should note that all investments involve risk and that no compensation will be paid for any losses resulting from an investment in sub-funds. Furthermore, there is no guarantee that BFI will achieve its investment objective. Neither BFI, nor the members of its Board of Directors or their authorised representatives or financial consultants are able to give any assurance with regard to future performance. Subscribers and prospective buyers of units of BFI are advised to inform themselves as to the tax implications, legal requirements and restrictions and currency exchange regimes of their home country or domicile as relevant to the subscription to, holding and sale of units of the Company.
- US persons
No steps have been taken to register BFI or units in BFI with the US Securities and Exchange Commission, as prescribed by the US Investment Company Act of 1940 and its amendments, or to comply with other regulations with regard to securities. Therefore, the BFI prospectus may not be introduced or transmitted to, or disseminated in the United States, its federal states or dependent territories or transmitted to “US persons” (see here for a definition of US persons); all such persons are hereafter referred to as US persons. Furthermore, units in BFI may not be offered or sold to US persons. Any violation of these restrictions may constitute a breach of the United States securities legislation. The Board of Directors of BFI may demand the immediate recall of units bought or held by US persons, including from investors who only become US persons as defined herein after purchasing the units.
- FATCA (Foreign Account Tax Compliance Act)
The aim of the Foreign Account Tax Compliance Act (FATCA) is to prevent US citizens and US-based legal entities from using Foreign Financial Institutions (FFIs) for the purpose of tax avoidance. The FATCA provisions classify the company as an FFI. Accordingly, the Company will, where appropriate, ask its unitholders to provide supporting evidence to justify their tax residence and to provide all other information required to comply with the above-mentioned legislation.
Notwithstanding the provisions contained herein and to the extent permitted by Luxembourg law, the Company has the right:
To withhold any taxes or similar fees relating to holdings in the Company, if so required by law or otherwise;
To request from each unitholder or beneficial owner of the shares the immediate provision of information required by the Company to comply with its legal obligations and/or to determine the size of a sum to be withheld, and to pass on any personal data to a tax or regulatory authority, if this is required by law or requested by one of the authorities;
To withhold any dividend payment or redemption payment to an investor until the company has obtained sufficient information to determine the correct amount to be withheld.
Furthermore, the company confirms that it is a participating FFI in terms of FATCA, that it has registered under FATCA and that it complies with its provisions. The Company’s Global Intermediary Identification Number (GIIN) is EWGM5M.00012.ME.442.
BFI ensures that the Belgian data protection act (Law of 8 December 1992 on Privacy Protection in relation to the Processing of Personal Data) is observed.