Pictet North America Advisors SA

Legal notice - Terms of use

Legal notice - Terms of use

General disclaimer

You have reached a webpage of the pictet.com domain for the Pictet Group entities located worldwide. Country or regulatory requirements may prevent certain visitors/users from (1) being solicited, (2) offered certain services or financial products and (3) engage in business with certain entities of the Pictet Group. This is why you may be redirected in certain cases to specific websites or other platforms of certain entities of the Pictet Group. Furthermore, you are strongly recommended to carefully review this Legal notice, which has been prepared for pnaa.pictet.com and Pictet North America Advisors’ (“PNAA” or “we”) other platforms. 

Please read this Legal Notice carefully. By accessing this website, or PNAA’s social media pages, channels, platforms, profiles, mobile apps or other applications (collectively, “platforms”), you (“you” or “user”) confirm that you have read and understood to all terms and conditions set out herein and elsewhere on such platform and agree to all such terms and conditions. We reserve the right to change this Legal Notice from time to time without notice. Accordingly, please read this Legal Notice whenever you access our platforms 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 Legal Notice currently in effect, please exit the platform.

Access to the information contained on this website or our other platforms may be restricted by laws and regulations applicable to the user (e.g., due to nationality or place of residence). Persons in respect of whom such prohibitions apply must not access our website or other platforms.

No advice or client relationship

We are not intending to provide investment or other advice to you or any other party through our platforms, and no information or material on our platforms are to be relied upon for the purpose of making or communicating investment or other decisions or advice. You should not base any investment or similar decision on the information or opinions expressed on the platforms. The materials available are not tailored to particular investment objectives, financial situation or particular needs of any specific person. You should consult with an expert in the appropriate field before deciding to take any specific action. Nothing on our platforms shall create a client relationship with you and PNAA. You may become a client of PNAA only upon entering into a signed, written agreement between you and PNAA. PNAA does not give tax or legal advice; prospective investors should seek advice from their own tax advisers and/or lawyers before entering into any investment.

Investment performance and risk

The value of investments and the income from them may go down as well as up and investors may not get back the amount invested. Past performance is not necessarily an indication of future performance. We give no warranty or guaranty as to (i) the growth or preservation of any capital invested in an investment instrument and (ii) the amount of any future distributions.  Investors could lose all amounts invested; amounts invested are not insured. For more information about investment risks, please see our Form ADV brochure.

Privacy policy

The PNAA platforms collect technical data about visitors, such as their provenance, the number of pages visited, the type of device and browser being used, as well as the time of day and length of stay on the site. For more information, please read the “Cookies policy” and the “Privacy policy.”

No offer

The communications on our platforms are for informational purposes only  Neither the information nor any opinion expressed therein constitutes a solicitation, an offer or a recommendation to buy, sell or dispose of any investment, to engage in any other transaction or act or to provide any investment advice or service (unless expressly stated otherwise). The investment instruments and services described therein may not be suitable for you or may be unavailable. None of the services, investments or mutual funds referred to in this site are available to persons resident in any country, state or jurisdiction where it would be contradictory to local laws and/or regulations to  offer such products. Prospectuses in respect of such products/services will not be distributed in any country, state or jurisdiction in which it would not be lawful to do so.

Conflicts of interest

We are subject to various conflicts of interest from time to time; please review our Form ADV for further information.

Local legal restrictions

The PNAA platforms are not available to or directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of our communications or services are prohibited or where PNAA is not registered or licensed to do business.

No reliance and no warranty

PNAA expressly disclaims any representation or warranty regarding the content of the platforms. Although PNAA and its information providers seek to ensure that the information on the platforms is accurate and complete at the time of publication and has been obtained from sources believed to be reliable, no warranty expressed or implied is made to its accuracy, reliability, actuality, timeliness and completeness by PNAA and its information providers, and the information and materials contained therein are provided “as is” and “as available”. Opinions and any other contents on the platforms are subject to change at any time without notice. PNAA is under no obligation to update or remove outdated information or links or to mark them as being outdated.

No warranty is given that our platforms will operate error-free or without interruption, that any faults will be corrected, that the platforms and servers will be free of viruses, worms or other harmful components, that the platforms will meet users’ requirements; or that the platforms will be available at any particular time or location, uninterrupted or secure. PNAA does not make any representation or warranty, either express or implied, as to quality, originality, non-infringement or fitness for a particular purpose.

Limitation of liability

PNAA and its information providers expressly disclaim all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents or activities on our platforms or with respect to risks associated with financial markets. Moreover, PNAA and its information providers shall have no liability for any losses or damage arising from the use of or reliance on the information contained on the site, including, without limitation, any loss of profit, consequential loss or damage or any other direct or indirect loss or damage.

Indemnification

The user agrees to defend, indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from user’s use of and access to the platforms, including any data or content transmitted or received by user; user’s violation of these terms; user’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; user’s violation of any statutory law, rule, or regulation; any content that is submitted from user; or user’s willful misconduct or fraud.

Copyright and reproduction notice

The entire content of our platforms  is subject to copyright with all rights reserved. You may not reproduce (in whole or in part in any manner or form), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the content without our prior written permission. Users shall not acquire any rights, including rights in or to any software, trade marks or components of our platforms, by downloading or printing any material from the platforms. Copyright notices and trade marks may not be changed or removed. Users are not permitted to create hyperlinks or inline links from other platforms to our platforms without our prior written consent.

Linked sites/platforms

Our platforms may contain links to third-party websites or other platforms, and information provided by them. These links and contents are supplied solely for your convenience. We have no control over the content of such external platforms and accept no responsibility or liability with respect to such platforms in any respect. We give no warranty either that such platforms or the contents thereof do not or will not infringe any third-party copyright, trade mark or other rights, or that such platforms or the contents thereof are free of viruses or other harmful components.

Electronic communications

The platforms permit electronic communication with PNAA.  However, this communication is insecure and you should not transfer sensitive data or information to us using such electronic communications.

No waiver

Our failure to assert any right or provision under this Legal Notice shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Enforceability

The terms and conditions set out herein shall be deemed to form part of the content of our platforms. 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.

Governing law

This Legal Notice is governed by the law of the place where we are located, without regard to conflict of laws principles.