General conditions

The present terms and conditions (the “Terms”) govern the use of the websites “hublemania.ch”, “votre-prevoyance.ch” and “clm4pension.jcloud.ik-server.com” as well as the aliases of the latter “clm.hublemania.ch”, (hereinafter together the “Site”) of the Fondation Lemania de Libre Passage (the “FLLP” or “we”) having its registered office at rue de la Muse 2, 1205 Geneva.

By accessing, browsing and using the Site, you acknowledge that you have read, understand and agree to be bound by these Terms.

Links on the Site may direct you to the sites of our partners or third parties. Access to these sites is at your expense and under your full responsibility and subject to the terms and conditions and legal notices of these partners and third parties.

These Terms may be modified or completed at any time; users of the Site are therefore required to consult them regularly.

If you have any questions or complaints, please contact us by email at the following address: data@fllp.ch.

Webmaster of the site : https://www.internetdiffusion.com – info@internetdiffusion.com

Site host: Infomaniak – Rue Eugène-Marziano 25, 1227 Geneva – 022 820 36 44

1. Restrictions

This Site is intended exclusively for persons from Switzerland or persons domiciled in Switzerland.

If you are a natural person, you confirm that you are at least 18 years old and that you have full civil capacity in accordance with the Swiss Civil Code. Furthermore, if you are the representative of a natural or legal person, you confirm that you have all the powers and authorizations necessary for this purpose.

The Site does not consider a user of the site (the “User(s)”) as a client by the mere fact of accessing the Site. All information on the Site is provided for information purposes only and is subject to change and does not constitute a recommendation, advice, brokerage, offer or distribution activity or a financial service. Moreover, the information on the Site is not exhaustive. It is given subject to modifications that may be made since it was put online. Although the Site endeavors to provide information that is as accurate as possible, FLLP or its partners cannot be held liable for any omissions, inaccuracies or failures to update the information, whether caused by them or by the partners who provide the information. In particular, FLLP does not guarantee the accuracy, adequacy, completeness or timeliness of the information on the Site, nor does it guarantee an error-free use of the Site.

Each entity or individual who communicates this Site (e.g. by transferring the web link/URL) or information from this Site in connection with specific collective investment schemes must ensure that it complies with the requirements of the Swiss Federal Act on Financial Services (“FinSA”), including Art. 28 para. 1 FinSA (register of advisors).

The Website does not offer any financial services within the meaning of FinSA, in particular no (i) investment advice, (ii) asset management and/or (iii) acquisition or disposal of financial instruments, including collective investments.

2. Access

Some parts of the Site require the prior registration of the Users of the Site with a login and password (the “User Account”). This User Account is personal and non-transferable.

Information relating to access to the User Account such as the User ID and password must be kept secret by the User, under his sole responsibility. FLLP shall not be held liable in case of undue access to the User Account by a third party and, where applicable, the User shall immediately inform FLLP of such undue access. The User must also immediately inform FLLP if the User Account or the security of the email used is compromised in any way.

Access to the Site may be interrupted at any time, in particular for technical maintenance or in case of infrastructure failure. As far as possible, but without any guarantee, FLLP shall endeavor to inform Users in advance of the dates and times of  interventions. Furthermore, FLLP does not warrant that the Site will be free from defects, errors, omissions, loss of information, delays, viruses or other harmful, contaminating or destructive properties or that no damage will occur to your computer system. You are solely responsible for adequate protection and backup of the data and/or material stored on your computer system and must take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

FLLP cannot be held responsible in case of malfunction of the Internet network, telephone lines or computer and telephone equipment, in particular due to network congestion preventing access to the server on which the Site is hosted.

You have no right to access the Site or its services and FLLP may decide at any time to restrict your access without any justification. In particular, your access will be blocked in case of violation of the Terms.

3. Transmissions and communications

You are solely responsible for the content of the information, documents, data and materials transmitted to FLLP or its partners and you undertake – whether transmitted through the Site or by any other means – to ensure that they are accurate, truthful and up-to-date.

If you choose to communicate with us through the Site, you consent to our storing and/or sharing the content of the correspondence with our partners in order to fulfill your request.

We draw your attention to the considerable risks that can be caused by the use of emails (hacking, viruses, message modification or transmission problems, etc.) and the confidentiality problems that can result. The User alone assumes the risks inherent in the use of email. The Foundations or their Partners cannot be held responsible for any resulting losses. Furthermore, the Foundations shall not be liable for any damages resulting from the use of email or any other means of transmission, in particular in case of loss, delay or modification.

Interactive spaces (possibility of asking questions in the contact space) are at the disposal of the Users. We reserve the right to delete, without prior warning or formal notice, any content posted in this area that contravenes the legislation applicable in Switzerland, in particular the provisions relating to data protection or in the case of messages of a racist, insulting, defamatory or pornographic nature, whatever the medium used (text, photographs, etc.). If necessary, we also reserve the possibility of calling into question the civil and/or criminal liability of the User concerned.

4. Intellectual property and property rights

Certain information available on the Site (including texts, images, graphics, videos, icons, sounds, logos, designs, trademarks, software, codes, domain or sub-domain names, know-how, confidential information business secrets or any other property or intellectual property right) is protected by property or intellectual property rights, in particular copyrights, trademarks, designs and patents, belonging to FLLP, its partners or third parties (the “Property Right(s)” or “Intellectual Property Right(s)”).

No information contained on the Site shall be construed as granting any assignment, license or right to use, copy or download any Property or Intellectual Property Right without the prior written authorization of the holder of the right concerned. In particular, any reproduction, representation, modification, adaptation of all or part of the elements of the Site, whatever the means or process used, is forbidden, except with the prior written authorization of FLLP.

You agree not to alter or delete any proprietary notices contained or displayed in any materials, data or information downloaded or otherwise retrieved from the Site. You shall not attempt to reverse engineer, disassemble, decompile, reproduce, transcribe, store in a retrieval system, translate into any language or computer language, retransmit in any form or by any means (electrical, mechanical, photo reproduction, recording or otherwise) any material, software, information or content viewed, downloaded or otherwise retrieved from the Site.

If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our discretion, return or destroy any copies you have made.

5. Viruses, hacking and other malware

You agree to access the Site using recent, virus-free hardware and a current, updated browser.

You may not misuse the Site or interfere with other users by knowingly introducing or sending viruses, Trojan horses, worms, logic bombs or other malicious or technologically harmful material. You agree not to gain unauthorised access to the Site, or the server on which the Site is hosted or any server, cloud, computer or database connected to the Site. You shall not attack the Site by means of a denial of service attack or a distributed denial of service attack. You understand that we will report any such breach to the appropriate authorities and cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and its services will cease immediately.

To the extent permitted by law, FLLP shall not be liable for any loss or damage caused by a computer virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other material due to your use of the Site or to your downloading of any material posted on it, or on any site linked to it.

6. Limitation of liability

In no event, except in the case of fraud or gross negligence, shall FLLP and its partners, as well as the directors, officers, employees and other agents of FLLP or its partners be liable, including in case of negligence, for any damage, loss or expense, including without limitation, direct or indirect, special, incidental or consequential loss or damage arising out of or in connection with the use of the Site, reliance on the use of or inability of the User to use the information on the Site, inability to complete the digital onboarding process or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or other computer malfunction or line or system failure, even if the User advises FLLP of the possibility of such damages, losses or expenses. Furthermore, FLLP disclaims any liability for any manipulation of the User’s computer system by unauthorized third parties.

7. Applicable law and jurisdiction.

Use of the Site is subject to Swiss law, which shall exclusively govern the interpretation, application and effect of all the above terms of use, without regard to the conflict of laws provision.

The courts of Geneva (Switzerland) shall have exclusive jurisdiction over all claims or disputes arising out of or in connection with the use of the Site, subject to appeal to the Federal Court.