1. General notes
All websites and contents under the domain name www.onefunds.li as well as any previously used domain names (the “ONE Website”) are the property of ONE Funds AG (“ONEF”) and contain among other things general information as well as information, notes, documents, charts and key figures specific to the business of ONEF and all the investment funds that are managed by ONEF or its subsidiaries.
Where reference is made in this document to ONEF, it shall be taken to refer to and include ONE Funds AG, Austrasse 14, FL-9495 Triesen, Liechtenstein, and its subsidiaries.
Where reference is made in this document to “Visitor(s)”, it shall be taken to refer to any person, entity or algorithm visiting the ONE Website and accessing, compiling and/or analyzing its content.
Please read the following legal conditions (“Conditions of Use”) carefully before accessing the ONE Website. By accessing the ONE Website you declare that you have understood the Conditions of Use and accept them in their entirety. If you have not understood or do not accept one or more of the Conditions of Use, please leave the ONE Website.
3. Limited access
None of the information on the ONE Website is intended to be accessed by persons or companies from countries in which access to that information would give rise to any registration obligation on the part of ONE.
Such access is not permitted for persons who or companies which, on account of their permanent or temporary residence, their nationality or other criteria, are subject to a jurisdiction in which access to the information on the ONE Website is forbidden. Persons or companies to which such restrictions apply are not permitted to access the ONE Website.
4. Restrictions on access in the United States
The investment funds mentioned on the ONE Website are not authorised in the USA under the Securities Act of 1933 unless explicitly stated otherwise, nor is ONE authorised in the USA pursuant to the Investment Company Act of 1940 unless explicitly stated otherwise. The funds created by ONE – unless explicitly stated otherwise – must not be offered, sold or delivered to persons domiciled in the USA or to US nationals except where such activity does not violate any Liechtenstein or US law.
5. No recommendation, no offer
The content, information and opinions published on the ONE Website do not constitute a public advertisement, a recommendation, an invitation, an offer or a solicitation to make an offer (i) to buy or sell investment instruments, (ii) to execute other transactions or (iii) to conclude other legal transactions of any kind. They are provided for information only. It is possible that the investment instruments and services described are not suitable for you or available to you.
6. No advice
The information provided on the ONE Website does not constitute a basis for decision-making on economic, legal, tax or other consultancy matters. It is not suitable as a basis for decision-making. Investments in funds or decisions to launch your own fund should not be made until you have thoroughly studied other documentation and discussed the matter with ONE in person and/or obtained advice from suitably qualified consultants.
7. No guarantee or warranty
ONE does not offer any warranty (either explicitly or implicitly) or give any guarantee (including to third parties) that the information and opinions published on the ONE Website are correct, accurate, complete, true and up-to-date. In particular ONE is under no obligation whatsoever to remove outdated information and opinions from the ONE Website or to designate them as such.
The information provided on the ONE Website has been compiled the utmost care or taken from sources diligently selected and regarded as reliable by ONE. However, the published information and opinions lay no claim to being up-to-date, complete or correct. In spite of all the diligence exercised by ONE such information and opinions may in the interim have changed or proven to be based on erroneous information from third parties. ONE does not offer any warranty that the content or the information and opinions that form part of such content published on the ONE Website are correct, complete or up-to-date. ONE is under no obligation to update information once it has been published.
8. No liability
ONE expressly excludes any liability on its own part for any direct or indirect loss, damage or subsequent damage, whether physical or intangible, that might be incurred as a result of the use of or access to (or inability to gain access to) the ONE Website or as a result of access to third-party hyperlinks found on the ONE Website. All access to the ONE Website shall be exclusively at the Visitor’s own risk and responsibility.
In addition, ONE excludes any liability in respect of manipulations of the Visitor’s IT system by unauthorised parties. ONE expressly draws attention to the danger posed by viruses and to the possibility of hacking attacks. The use of up-to-date browser versions and anti-virus software is therefore urgently recommended. E-mails from unknown senders should not be opened.
ONE makes every effort to ensure the secure operation of the ONE Website. It is nevertheless impossible to rule out defects, e.g. data loss, data falsification, virus attacks, operational outages, etc. ONE accepts no liability and offers no warranty that (i) the functions of the ONE Website will always be available without error or interruption and that (ii) the ONE Website and other components used in connection with access to the ONE Website are free of harmful elements (and viruses in particular).
9. No orders
Data input fields present on the ONE Website (if any) are not made available for the placement of orders towards ONE (e.g. for the sale/purchase of investment instruments), unless explicitly designated as such. Orders placed in this manner shall not be executed by ONE, even if the party that placed such an order is not notified to that effect.
10. Potential conflicts of interest
It is possible that, to the extent permissible by law and/or regulatory provisions, ONE itself and/or all its legal representatives and employees have invested in the past, are currently investing or will in future invest in investment instruments on which the ONE Website contains information or opinions. It is also possible that ONE has rendered in the past, is currently rendering or will in future render services (e.g. corporate finance, market-making or other services) to the issuers of such investment instruments. Furthermore it is not possible to rule out the eventuality that any representatives and/or employees of ONE have worked, are still working or will work (e.g. as directors) for the issuers of such investment instruments. Thus ONE itself and/or its representatives and/or employees might have an interest in the future performance of the investment instruments concerned. ONE’s representatives might also have other paid or unpaid mandates in related and unrelated companies that ONE cooperates with.
11. Links to and from third-party internet content
The ONE Website includes references to third-party internet content accessible via e.g. hyperlinks. These links are provided for reasons of connectivity and for the Visitor’s convenience. It should be noted that such internet content is completely beyond the control of ONE. ONE cannot accept any liability for such content (its accuracy, completeness and legality) and the offers it contains (regarding products, services, other offers, etc.). Activation of such hyperlinks is therefore exclusively at the Visitor’s own risk and on his own responsibility.
It is not allowed to use hyperlinks from a third-party website to the ONE Website or technically mirror any contents of the ONE Website without ONE’s explicit consent and approval.
12. Notes on risk
The value of investments can rise or fall. The past performance of investments is not a reliable guide to their future performance. Investments denominated in foreign currencies are also exposed to exchange rate fluctuations. Highly volatile investments may be exposed to sharp price fluctuations. Such price fluctuations may equal or even exceed the amount invested. ONE offers no warranty regarding (i) the increase in value or preservation of the capital invested in any investment instruments, or (ii) the size of future distributions.
There is thus no guarantee that the invested capital will be preserved. Furthermore, potential investors should inform themselves of the tax consequences that might arise in their country of residence for investors who hold, buy or sell investment products and, where necessary, seek advice in their country of residence.
13. Data protection and security
ONE expressly draws attention to the fact that data transmitted over an open network such as the internet or an e-mail service are essentially transmitted in unencrypted format, making it relatively easy for third parties to access them. ONE cannot guarantee the confidentiality of messages or documents transmitted over such an open network. If you disclose personal details (name, address, telephone number, etc.) to ONE via any data input fields (if any) on the ONE Website, in spite of all our technical precautions we cannot guarantee that third parties will not have sight of them, gather them, exploit them and monetise them without your consent or infer the existence of contact between yourself and ONE. In addition, such data may be routed across national borders even if the sender and recipient are both located in the same country.
Your data may be lost or captured by unauthorised third parties during transmission. ONE cannot accept any responsibility for the security of your data during transmission via the internet or any liability for direct or indirect losses arising. For reasons of data protection and security the Visitor is advised to use other means of communication when contacting ONE. When accessing the ONE Website specific cookies or web bugs might be employed to gather non-personal data concerning usage of the ONE Website. These include technical information, such as the Visitor’s IP address, the browser used, the duration of site access, the pages viewed, etc.
Data sent to ONE shall be used exclusively to answer enquiries, to improve our internet presence or for communication purposes. It shall be protected against unauthorised parties and shall not be disclosed to third parties outside ONE. All automated information gathered and stored by ONE shall be analysed anonymously and exclusively for internal administrative purposes, e.g. to determine how many site visits took place on which days. Analyses relating to particular individuals shall not be conducted unless the Visitor expressly and deliberately makes such data available for such purposes. All usage and disclosure of such data shall be in accordance with the laws and regulations currently in force. In certain circumstances the data gathered by ONE may be forwarded to the authorities insofar as this is prescribed or permitted by law.
For its part ONE shall take all appropriate measures to ensure that any transmitted personal data cannot be accessed by third parties, with the exception of contractual partners providing services to the Visitor at the behest of ONE.
The entire content and structure of the ONE Website are protected by copyright. All rights are reserved. Visitors shall not be permitted to reproduce all or parts of the ONE Website or its elements, to transmit them electronically or by other means, to modify them or use them for public or commercial purposes or to link them to other sites without the prior written consent of ONE. Visitors shall be expressly permitted to print out or save to disk individual parts of the ONE Website, providing all existing copyright references and other legally protected designations of ONE are retained without alteration. In saving or otherwise reproducing the software or other data on the ONE Website the Visitor shall be deemed to have accepted the relevant Conditions of Use. All property rights shall remain with ONE.
The company designations “ONE”, “ONE Group”, “ONE Asset Management”, “ONE Funds” and all associated logos are trademarks of ONE or its related entities. All other trademarks, product names and company names and/or logos mentioned on this site are the exclusive property of their respective owners. All rights are reserved.
16. Amending information
ONE reserves the right to delete, amend or supplement the information and opinions on the ONE Website at any time without prior notice.
17. Applicable law, place of jurisdiction
All use of the ONE Website and these Conditions of Use and legal conditions shall be governed by Liechtenstein law. The exclusive place of jurisdiction is Vaduz.
18. Hinweise zur Nutzung von Cookies und Analyse-Tools
Beim Aufruf unserer Webseite wird der Nutzer über die Verwendung von Cookies zu Analysezwecken informiert und seine Einwilligung zur Verarbeitung der in diesem Zusammenhang verwendeten personenbezogenen Daten eingeholt. In diesem Zusammenhang erfolgt auch ein Hinweis auf diese Datenschutzerklärung.
18. Special information with respect to the applicable LIechtenstein Data Protection Act and the European General Data Protection Regulation (GDPR)