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Legal Notice / Terms and Conditions of Use

Last Updated

- 1 April 2022.

1. Consent

Please read the following legal notice / terms and conditions of use ("Terms and Conditions of Use") carefully before accessing the websites of Luminary Trust companies ("Luminary Trust" and the Luminary Trust website "Luminary Trust Website"). By accessing the Luminary Trust Website, you confirm that you have read and understood the Terms and Conditions of Use and agree to all the terms set out herein. If you do not understand or do not agree to any of the terms contained in the Terms and Conditions of Use, please exit the Luminary Trust Website.

 

2. Restricted access

The Luminary Trust Website must not be accessed by any person subject to a jurisdiction (e.g. due to that person's nationality and/or place of residence) in which publication of the content of the Luminary Trust Website or access to it is prohibited for any reason. Persons to whom these restrictions apply are prohibited from accessing the Luminary Trust Website.

 

3. No offer

Information and opinions published on the Luminary Trust Website shall not be construed as any form of promotion, recommendation, inducement, offer or solicitation to (i) purchase or sell any investment instruments, (ii) transact any other business, or (iii) enter into any other legal transactions. They are provided for information purposes only. The investment instruments and services described may not be suitable for you or may be unavailable.

 

4. No advice

Information and opinions published on the Luminary Trust Website do not constitute, nor are they intended to provide or be construed as investment advice, or any legal, tax, financial or other advice. Such information and opinions should not be relied upon or used as a basis for decision-making. Please consult an expert in the appropriate field before deciding to take any specific action. No information contained on or accessed from the Luminary Trust Website should be construed as creating any contractual relationship between the providers of such information and website users.

 

5. No warranty

Luminary Trust has exercised the utmost care in compiling the information contained on this website. Information provided on the Luminary Trust Website is constantly updated and checked for accuracy. However, neither Luminary Trust nor its contracting partners makes any representation or warranty (whether express or implied) that any information published on the Luminary Trust Website is accurate, reliable, up-to-date or complete. In particular, Luminary Trust is under no obligation whatsoever to update or remove outdated information or opinions from the Luminary Trust Website or to mark them as being outdated. The information and opinions contained on the Luminary Trust Website are subject to change at any time without notice. Certain information herein is based upon forward-looking statements, information and opinions, including descriptions of anticipated market changes and expectations of future activity of countries, markets and/or investments. We believe such statements, information, and opinions are based upon reasonable estimates and assumptions. Actual events or results may differ materially and, as such, undue reliance should not be placed on such forward-looking information.

Moreover, no warranty is given that the Luminary Trust Website will operate error free or without interruption, that any faults will be corrected, or that the Luminary Trust Website and servers from which information is accessible will be free of viruses, trojan horses, worms, software bombs or other harmful components and programs and Luminary Trust accepts no liability in respect thereof.

Past performance of an investment instrument is not necessarily indicative of its performance in the future. Investments in foreign currencies are also subject to exchange rate fluctuations. Distributions paid out in connection with an investment instrument may also vary. Luminary Trust gives no warranty as to (i) the growth or preservation of any capital invested in an investment instrument and (ii) the amount of any future distributions.

All information available on this website, including but not limited to financial market data, price data, reports, research and other financial information is based on carefully selected sources that are deemed to be reliable. All information is provided to users on an "as is" and "as available" basis without any representation or warranty either express or implied as to quality, originality, non-infringement of intellectual property rights or fitness for a particular purpose.

 

6. No liability

Luminary Trust gives no warranty that the information provided on its website is up-to-date, accurate or complete and accepts no liability in respect thereof. Luminary Trust shall not be liable for any direct or indirect loss or damage, including but not limited to loss of profit, that may be suffered as a result of information provided on the Luminary Trust Website, or for any loss or damage resulting either directly or indirectly from use of the Luminary Trust Website and the information contained therein or from risks associated with the financial markets. Luminary Trust shall only be liable for loss or damage attributable to ordinary negligence if such loss or damage was foreseeable. Liability for consequential loss and loss of profit is hereby excluded.

 

7. No orders

The input fields on the Luminary Trust Website are not intended to be used for placing orders (e.g. orders for the purchase/sale of investment instruments) with Luminary Trust. Luminary Trust shall not execute any orders placed in this way or notify the sender accordingly, and no legally binding contract shall come into effect between the sender and Luminary Trust.

 

8. Intellectual property, copyright and trade mark rights

All components of the Luminary Trust Website are protected by intellectual property laws and are the property of Luminary Trust or third parties. Users shall not acquire any rights, including rights in or to any software, trade marks or components of the Luminary Trust Website, by downloading or printing any material from the Luminary Trust Website. Copyright notices and trade marks may not be changed or removed. Components of the Luminary Trust Website may not be reproduced in whole or in part in any manner or form (including electronic or printed form) without the prior written consent of Luminary Trust and unless full acknowledgement of the source is provided.

Users are not permitted to create hyperlinks or inline links from other websites to the Luminary Trust Website without the prior written consent of Luminary Trust.

 

9. Potential conflicts of interest

Luminary Trust, its directors or employees may have previously invested, may be currently investing or may in future invest in investment instruments in respect of which information or opinions are provided on the Luminary Trust Website. It is also possible that Luminary Trust has previously provided, is currently providing or will in future provide services to the issuers of such investment instruments, including, for example, corporate finance or market making services.  Furthermore, it is possible that employees or directors of Luminary Trust have previously performed, are currently performing or will in future perform certain functions on behalf of the issuers of such investment instruments, e.g. serving as director. Luminary Trust, its directors or employees could therefore have an interest in the future performance of investment instruments.

 

10. Links to other websites

The Luminary Trust Website may contain links to the websites of other providers and information supplied by such providers ("External Links"). Luminary Trust provides links to external websites in addition to its own information solely with a view to enhancing user-friendliness and providing information to users. Luminary Trust has no control over the content of such external websites and accepts no responsibility or liability in respect of the accuracy, reliability, completeness, truth or currency of such material or its fitness for a particular purpose. Luminary Trust excludes all liability, including but not limited to liability for any direct or indirect loss or damage or any consequences that may arise out of or in connection with the use of content on external websites. Although linked sites are carefully selected, Luminary Trust has no control over the content of such sites. Accordingly, Luminary Trust accepts no liability in respect of the content of External Links, including in particular any content that is altered after the link was created. Luminary Trust is not responsible for transferring such information, selecting the information sent or the recipients thereof, or altering any information provided. Such External Links are not automatically stored by Luminary Trust on a temporary basis due to the method used for creating and accessing links. Operators of websites accessible through the External Links are therefore solely responsible for the content of linked sites.

Moreover, Luminary Trust gives no warranty either that such websites or the contents thereof do not or will not infringe any third-party copyright, trade mark or other rights, or that such websites or the contents thereof are free of viruses or other harmful components. No warranty is given as to the authenticity of any documents available on the Internet.

 

11. Changes to the Terms and Conditions of Use

Luminary Trust reserves the right to change these Terms and Conditions of Use from time to time. Please read these Terms and Conditions of Use whenever you access the Luminary Trust Website to ensure that that you agree to the terms of any amended version. If you do not understand or do not agree to any of the terms contained in the Terms and Conditions of Use currently in effect, please exit the Luminary Trust Website.

 

12. Assignment and delegation

Both Luminary Trust and its legal successors and agents are entitled to rely on these Terms and Conditions of Use. Luminary Trust may assign any rights accruing to it under these Terms and Conditions of Use. Luminary Trust may also delegate its duties or assign any of its obligations under these Terms and Conditions to third parties.

 

13. Enforceability of disclaimers

The disclaimers set out above shall be deemed to form part of the content of any websites from which reference to this website was made. If any sections or individual provisions hereof are or become illegal or unenforceable either in whole or in part, such sections or provisions shall not affect the content or validity of the remaining parts of the document.

 

14. Applicable law / place of jurisdiction

Access to and use of the website as well as the Terms and Conditions of Use shall be governed by and construed in accordance with German law for clients in Germany, Austrian law for clients in Austria, Italian law for clients in Italy, with Milan as the place of jurisdiction, and Swiss law for all other clients, with Zurich as the place of jurisdiction.