General terms and conditions
1 - PURPOSE
These general terms and conditions (the "General terms and conditions") of S2I (Swiss Innovative Investment) SA ("Imvestland") exclusively govern the use of the website "www.Imvestland.ch" (the "website").
By using the website, each user declares that he/she has read the General Terms and Conditions and accepts their content without reservation. No general conditions contrary to or derogating from these General Terms and Conditions shall apply.
2 - Imvestland's specific terms and conditions
Imvestland may offer different types of investments ("crowdfunding", and "crowdlending") as well as different services related to real estate through its website. Imvestland reserves the right to submit to a user any terms and conditions that may be separate, cumulative or in derogation of these Terms and Conditions.
3 - Imvestland's role
Users acknowledge, understand and accept that Imvestland may act in several capacities in connection with the services offered and may be subject to different and distinct legal regimes, for example:
- in relation to property investment, Imvestland's role will be limited to providing users (investors and developers) with a platform for making property investments;
- Imvestland may act as an agent in the management of a user's file and will, as far as possible, assist the user in achieving his goal;
- as part of the management of a property, Imvestland can act as manager and take the necessary steps to ensure the rental of the premises in the building, the conclusion, termination and changes to be made to the rental leases, the caretaker contract, the various existing contracts, the inspection of the premises when they are transferred, the representation of the owner(s) in dealings with tenants, domestic employees or third parties, etc.
4 - WEBSITE REGISTRATION
Any user may browse the public part of the website without having to register. However, user registration is compulsory in order to access services and data relating to a property investment. User registration may be required by Imvestland at any time on the public part of the website and/or in connection with other services offered.
Registration on the website and use of the services offered by Imvestland are only open to natural persons who have reached the age of majority and who are capable of discernment, and to legal entities registered in a commercial register or whose existence can be proven by documentary evidence.
5 - ACCURACY OF INFORMATION AND SUBSEQUENT CHANGES
Any user who registers on the website and/or who wishes to benefit from the services offered by Imvestland undertakes to provide truthful information when creating their account and, if requested by Imvestland, any supporting documents.
Each user is responsible for the information transmitted at the time of registration and recorded in his account and assumes sole responsibility for its content. In order to benefit from Imvestland's services, each user undertakes to keep his/her account information up to date.
Imvestland may at any time verify the information registered by a user and request supporting documents. In the event of non-compliance with this clause, Imvestland may close a user's account at any time.
6 - NON-TRANSFERABILITY OF THE USER ACCOUNT
Each user account is personal and may under no circumstances be transferred to a third party without the prior written authorisation of Imvestland. A user is not authorised to have more than one account. Each user undertakes to take all measures to keep secret and preserve the confidentiality of his account. The confidentiality of an account is the sole responsibility of the user and the user releases Imvestland from any liability in this respect.
Each user is responsible for the use of his account and is liable for any transactions resulting from such use. Each user is obliged to inform Imvestland immediately of any fraudulent use of their account.
7 - AVAILABILITY OF THE WEBSITE
Imvestland makes every effort to ensure access to its website at all times but cannot guarantee this. No user may claim damages from Imvestland in connection with any unavailability of the website.
8 - RISKS AND EXCLUSION OF LIABILITY
Each user is informed of the risks involved in investing in real estate and/or carrying out a real estate project. By accepting these General Terms and Conditions, each user acknowledges having read and understood the document explaining the risks associated with a property investment. In this respect, Imvestland reminds that any information relating to a possible result, gain or return or other benefits in favour of a user is estimated and in no way binding on Imvestland. Due to the various potential and unforeseeable factors and risks associated with an investment or a real estate project, reality may differ from the projections mentioned on the website, the documentation provided or contacts with Imvestland. A total loss of an investment is also possible in extreme cases. By accepting these General Terms and Conditions, each user understands and confirms that he/she is aware of the risks related to an investment or the realisation of a real estate project and is invited to contact an advisor (e.g. tax expert, lawyer, investment advisor, real estate advisor, etc.) in case of doubts regarding the risks and, in general, in relation to a real estate investment.
Each user is informed and understands that Imvestland does not guarantee any results with regard to the investment projects offered on the website. Each user releases Imvestland from any liability in connection with an investment or project that does not achieve the expected return and waives all claims against Imvestland. In this respect, Imvestland can under no circumstances be held liable towards a user or a third party for any damage, including indirect or consequential damage, including but not limited to loss of profit, loss of business, loss of production, loss of contract or loss of commercial opportunity in connection with the services offered by Imvestland and the use of its website.
9 - ACQUISITION RESTRICTIONS FOR PERSONS ABROAD (LFAIE) -INVESTMENT IN SWITZERLAND
Swiss law contains a series of restrictions on the acquisition of real estate or similar rights by persons abroad (Federal Act on the Acquisition of Real Estate by Persons Abroad - "LFAIE"). These restrictions apply to persons who do not have the right to settle in Switzerland and to nationals of EC and EFTA member states who do not have their legal and effective domicile in Switzerland.
Each user is responsible for ensuring that it is possible to invest in the projects proposed by Imvestland and releases Imvestland from any liability or damage arising from its status as a person abroad. Imvestland can under no circumstances be held liable towards a user or a third party for any damage, including indirect or consequential damage, in particular loss of profit, economy, production, contract or commercial opportunity in connection with the acquisition restrictions for persons abroad.
10 - FAILURE TO PROVIDE INVESTMENT ADVICE OR RECOMMENDATIONS
Each user acknowledges and understands that Imvestland does not provide investment advice or recommendations. Each user is therefore solely responsible for his/her choices and investments.
None of the information and/or documents provided on the website should be considered as an investment recommendation, an investment advice, a solicitation to invest or an incitement to make an investment.
11 - TAX, TAX RISKS AND TAX CONSEQUENCES OF PROPERTY INVESTMENT
The website does not contain any information on tax, tax risks or tax consequences.
Each user is required to inform himself/herself about taxes, tax risks and the tax consequences for his/her assets of a property investment or project with Imvestland. Each user is aware of the tax risks in connection with the acquisition or realisation of a property and expressly waives any claim or demand for damages of any kind whatsoever on these grounds against Imvestland.
12 - GENERAL EXCLUSION OF LIABILITY
The information on the website is provided for information purposes only and Imvestland cannot be held liable for it. It is the responsibility of each user to ensure the accuracy and completeness of the information and documents made available to them or appearing on the website before proceeding with an investment. Imvestland accepts no liability for any errors or omissions on the website or in the documentation made available to a user. Nor can Imvestland be held liable if a transaction is unsuccessful for any reason whatsoever. Each user expressly waives the right to assert any claim or demand for damages on these grounds against Imvestland. Nor can Imvestland be held liable to any third party for any damage, including indirect or consequential damage, in particular loss of profit, loss of earnings, loss of production, loss of contract or loss of commercial opportunity in connection with the information and documents on its website or in the event of failure to carry out an investment or project.
To the extent permitted by law, each user also waives any claim or demand for damages against Imvestland for information given in writing or orally by the bodies, employees or auxiliaries of Imvestland.
As a general rule, Imvestland recommends that all users contact an advisor (e.g. tax expert, lawyer, investment advisor, property advisor, etc.) in connection with an investment or project.
13 - FAILURE TO MONITOR Imvestland's ACTIVITY
Imvestland is not subject to the supervision of any authority such as the Swiss Financial Market Supervisory Authority (FINMA), nor to the Federal Act on Collective Investment Schemes (rs.951.31).
14 - PROTECTION OF PERSONAL DATA
When using the website and in contact with Imvestland, a user's personal data may be collected and processed electronically.
Imvestland undertakes to process its users' data in accordance with current legislation. Each user agrees that certain data recorded by Imvestland may be used in particular for the administration of his/her personal account. Each user expressly authorises and consents Imvestland to, inter alia:
- forward its registered data to third parties insofar as this is essential for the provision of its services;
- use user data to send advertising or targeted offers by e-mail or other means of communication; and,
- communicate the necessary data of a user to a third party for the purpose of debt collection.
The customer may, at any time, consult Imvestland's privacy policy available on the website www.Imvestland.ch.
15 - INTELLECTUAL PROPERTY
Imvestland holds all intellectual property rights to the texts, comments, works, illustrations, images as well as the commercial names, brands, logos and distinctive signs associated with Imvestland, reproduced or represented on the website, throughout the world. Any partial or total reproduction or representation of the website or of all or part of the aforementioned elements and other signs found on the website is strictly prohibited.
16 - MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
Imvestland reserves the right to unilaterally modify its General Terms and Conditions at any time. Each user is obliged to inform himself/herself of the applicable General Terms and Conditions. In the event of a dispute, the current General Terms and Conditions will apply. If a contract has been concluded with a user, it will be governed by the general terms and conditions in force at the time of its conclusion, subject to the application of specific general terms and conditions.
17 - APPLICABLE LAW AND COMPETENT COURTS
All contracts concluded and relations with Imvestland as well as these General Terms and Conditions are governed exclusively by Swiss substantive law.
Subject to any mandatory place of jurisdiction, all disputes, differences or claims arising out of or in connection with an agreement, a relationship with Imvestland or these General Terms and Conditions will be settled by the competent courts at Imvestland's registered office.
