Legal notices

1. GENERAL TERMS AND CONDITIONS 

These General Terms and Conditions (“Terms and Conditions” and/or the “T&Cs”) govern access to and use of the digital platform developed and operated by Fund Channel S.A., a company incorporated under the laws of the Grand Duchy of Luxembourg, having its registered office at 39, allée Scheffer, L2520 Luxembourg, registered on the Luxembourg Trade and Companies Register under the number B 108.704 and duly authorized by the Commission de Surveillance du Secteur Financier (CSSF) to provide investment services under applicable laws and regulations. By accessing the Platform, the Client duly represented by the User, hereby acknowledges to have read, understood and fully accepted these Terms and Conditions, which constitute a legally binding covenant between the Client and the Company. The Terms and Conditions may be modified at any time by Fund Channel S.A. due to the evolving nature of the Platform and the Services, which may be subject to modifications, in particular by the provision of new features, or by removing or modifying certain features and functionalities. It is therefore advisable for the User to refer to the latest version of the T&Cs accessible at any time on the Platform before browsing. Some Services may be governed by their specific terms defined in the Service Agreement entered into by the Client and Fund Channel S.A.. In this case, such specific terms supplement the General Terms and Conditions. In the event of any contradiction between the Service Agreement and the Terms and Conditions of the Platform, the Service Agreement shall prevail. You can contact the Company: By telephone: +352 2673 4500 By email: business.development@fund-channel.com 

2. DEFINITIONS 

For the purposes of these General Terms and Conditions, the following definitions apply: "Access Data": personal and confidential details and password communicated to the User prior to his acceptance of the Terms and Conditions. “Client” means the legal entity which have entered into a Service Agreement with the Company for the provision of services identified therein and, inter alia, for the access to the Platform, hereby represented by the User. “Company” or “Fund Channel” means Fund Channel S.A. as the legal entity owning and managing the Platform. “Funds” means collective investment undertakings (i.e. UCITS, AIFs, MMFs) and/or any financial instruments made available through the Platform. “Platform” means the digital infrastructure, accessible via web interface or APIs, through which the Services are delivered. “Service Agreement” means the agreement(s) entered into by the Client and the Company for the provision of the Services. “Services” means all functionalities and operations available via the Platform as defined under Clause 12 as better identified in the relevant Service Agreement. “User” means any natural person authorized to access and use the Platform, acting within the scope of its professional or institutional activity, duly authorized and empowered to engage the Client. “White Label” means provision of Services, part of the Services or functionalities via third-party branded environments, powered by the Platform.

3. ACCESS TO THE PLATFORM

Access to the Platform is restricted to authorized Users, who must be duly identified and validated. The Company may require enhanced authentication procedures (e.g., MFA, digital certificates) and reserves the right to suspend access in case of suspicious activity or security concerns. The User is responsible for keeping login credentials secure. Any activity performed using such credentials is presumed to be carried out by the User. Proof of acceptance of the Terms and Conditions is provided by clicking on the "I accept" button when connecting to the Platform. By accepting the Terms and Conditions, the Client accepts that any operation carried out following an order transmitted using the Access Data communicated to the User (username and password), is personally and definitively attributed to the Client. The recordings made by the Company upon receipt of the instructions or their reproduction on a computer or paper medium constitute proof of such instructions. Users situated in jurisdictions where the availability of the Platform and information that it contains is prohibited or restricted, are only authorized to gain access to it within the limitations of the legislation which is applicable to them. Such Users shall bear all direct and indirect consequences resulting from failure to respect these legal obligations. The Company may not under any circumstances be held liable for such an infringement. 

4. SCOPE OF APPLICATION 

These Terms and Conditions apply to the Client and all Users, regardless of whether they access the Platform directly or via a white label interface, and govern: • Access and use of the Platform and related Services; • Rights and obligations of both the User, the Client and the Company; • Use of regulatory documentation and data; • Submission of orders and interactions with third-party providers. 

5. IDENTIFICATION INFORMATION 

The access codes provided by the Company or created by the User are personal, confidential and nontransferable. The use of identification information constituted by the combination of the identifier and the password allocated to the User is the latter’s sole liability. The User is solely responsible for the storage and confidential nature of his codes to access the secure services provided by the Company. The User agrees to immediately inform the Company of any unauthorized use of his access codes or of any breach of security. This information must be confirmed to the Company by email with acknowledgement of receipt from the Company. 

6. INTELLECTUAL PROPERTY AND LICENSE 

The Client agrees that all intellectual property rights of any kind (whether registered or unregistered) in the Services or any market data shall remain the exclusive property of the Company and its affiliate, suppliers and licensors. The Client will, at the Company request, cease to do all such actions and cease to make all such omissions as are or may be prejudicial to Company’s right, title and interest in such intellectual property rights. No license or other right or interest in respect of any intellectual property rights is granted under this Terms. In accordance with the provisions on intellectual property, the elements of the Platform such as texts, images and logos remain the property of the Company for the legal period of protection and worldwide. The user license granted to the Client includes only the right to reproduce works consulted for storage for the purposes of representation on single-user screens and copies or reproductions are strictly reserved for the User’s private use and not intended for collective use provided that he does not remove the references regarding copyright or other references regarding intellectual property rights. Save this exception, any even partial reproduction, any representation, circulation, sale or exploitation in any form whatsoever, whether electronic or not, is strictly prohibited without the Company prior consent and constitutes an act of infringement committing the civil and penal liability of the author of the infringement. 

7. GRAPHIC CHARTER 

The Platform’s graphic charter and the elements composing it are the property of Fund Channel SA. 

8. LIABILITY 

In the event of force majeure or the occurrence of an event beyond its control, the Company may be led or forced to interrupt the service either totally or partially without prior notice. As soon as circumstances permit it, the Company will take care to warn Users about any service interruptions and will take all the necessary measures to re-establish the connection as soon as possible. However, the Company may not under any circumstances be held liable for these interruption and/or delays in re-establishing the service. The Client accepts that any access to the Platform or any use takes place under its own liability. the Company may not be held liable for direct or indirect damages which may be caused - especially but not limited to - through the use of the Platform, notably in relation with the interruption, downtime or malfunctioning of the Platform which might result - especially but not limited to - from downtime for maintenance or repair of the Company computer system, technical breakdowns or overloading of the network, loss of telephone connections, errors, negligence or failures by providers, Internet services or a third party or a virus emanating from the Internet. The Company cannot be held liable in the event of difficulties due to the defective operation or the incorrect configuration or general use of the User equipment or if the equipment used by the User is not sufficiently powerful. The same applies to any damages that might be caused by the connection to the Platform to either to the User’s computer system or to stored data. 

9. PERSONAL DATA 

The Company processes, in accordance with the General Data Protection Regulation (EU) 2016/679 (GDPR) and any other applicable law, as a controller, personal data as part of its provision of Services under the Terms. This processing is in relation to the personal data of (i) authorized Users who use the Services or (ii) transferred by the User within the framework of its market activity (these natural persons for whom personal data are processed are hereinafter referred to as “data subjects”). Access to the Platform is subject to the prior communication of personal data concerning the User. The Company stores only essential data in electronic format or any other form in connection with the performance of its services. Personal data collected on the Platform are exclusively processed by the Company in order to satisfy its contractual obligations as well as to ensure the security of the Platform. Personal data are processed in a strictly confidential manner and are kept for a period authorized by the applicable law. The Company may retain personal data to meet legal or regulatory obligations, to manage complaints and/or litigation or to respond to requests from the competent authorities or the tax authorities. The User has the right to access, amend or delete personal data relating to him/her, to oppose the processing of personal data relating to him/her, without expense and without justification. In such case the User will no longer be authorized to access the Platform. In accordance with GDPR, the User or his beneficiaries proving a legitimate interest may consult or request the rectification, by providing proof of their identity, without excessive delay or expense and at reasonable intervals, of the personal data regarding the User by applying in writing to: Fund Channel S.A. 39, Allée Scheffer, L - 2520 Luxembourg Email: DPO-FundChannel@fund-channel.com 

10. USER OBLIGATIONS AND LIABILITY 

The User agrees to: 

• Use the Platform in compliance with applicable laws (e.g., MiFID II, UCITS, AIFMD, AML/CFT, MMFR); 

• Provide accurate and updated information; 

• Avoid any fraudulent, abusive or unlawful activity; 

• Promptly report any anomalies or unauthorized access. 

The User, therefore, undertakes to ensure that the Access Data remains secret. The Company cannot be held liable in the event of fraudulent or abusive use or due to voluntary or involuntary disclosure to anyone of the Access Data entrusted to the User. The User acknowledges that any transaction carried out following an order transmitted using the Access Data, regardless of its origin, will, in any event, be personally and definitively attributed to the User, unless otherwise proven. The Client shall indemnify and hold harmless the Company for all financial consequences that the latter may bear as a result of the fraudulent or abusive use or the voluntary or involuntary disclosure by the User of its Access Data. The Company cannot be held liable for the non-performance or improper performance of the Services resulting from the User negligence in keeping the Access Data confidential or from a malfunction of the equipment or telecommunications network over which the Company have no control. 

11. COOKIES POLICY 

A cookie is a file, which does not allow the identification of a user of the website, but which records information relating to the navigation of a computer on a website. The data obtained in this way is intended to provide the User with an optimal browsing experience and to measure the audience of the Company website. For more details, please refer to the “Cookies Policy” available on the Platform. 

12. PRODUCTS AND SERVICES AVAILABLE ON THE PLATFORM 

The Platform offers added value functionalities related to the financial services offered by the Company such as, including but not limited to:

1. Fund catalogue access, including detailed information on each fund; 

2. Access to Funds regulatory documentation, such as: Key Investor Information Documents (KIID/KID), prospectus, Fund rules/statutes, Periodic reports, etc.; 

3. Access to Funds data and report;

4. Submission of subscription, redemption, and switch orders, including bulk and API-based submissions;

5. Aggregated financial information and analytics, including portfolio simulations, forecasts, and reporting;

6. Monitoring of custody positions, including securities held and cash balances. 

7. Trailer fee calculation; 

8. Funds distribution and sub-distribution. 

The above mentioned Services are reported as a mere example and some features may vary depending on the type of User, contractual setup, or access method (e.g. white label). The specific terms of the Services provided by the Company are described in the relevant Service Agreement. The information made available to Users on the Platform, regardless of its nature, is only given for consultation purposes and does not constitute an invitation, offer or recommendation to buy or transfer an investment or to participate in any other transaction, or to provide investment advice or other banking or financial services. This information comes from sources considered as reliable by the Company. However, the Company may not give any guarantee or commitment of any nature whatsoever, either expressly or tacitly, regarding the accuracy, updating, exhaustivity or generally the quality or reliability of this information. No member of the management team, director or employee in the service of the Company or any other company for whom the above-mentioned persons are providing a service, makes any commitment or assumes any liability with regard to the information concerned here. This information may not be considered as a replacement of the User’s knowledge and skills. It may be withdrawn or modified at any time without prior notice. The Company and its data suppliers may not be held liable for any direct or indirect consequence and damages related to the use of this information, except in the event of a deliberate, misleading representation or serious offence committed by it. The User may encounter hypertext links on the Platform, which lead to information on certain investment funds which are neither approved by the Autorité fédérale de surveillance des marchés financiers (FINMA) nor registered for marketing in Switzerland and which may be unavailable for sale in Switzerland. 

13. USE VIA API AND AUTOMATION 

Access to certain Services may be provided via APIs. API users must: 

• Ensure integration follows technical specifications issued by the Company; 

• Respect usage limits and fair use policies; 

• Refrain from using the API for unauthorized purposes or in a way that threatens the Platform’s security. 

The Company may suspend or restrict API access in case of misuse or system risk. 

14. WHITE LABEL AND THIRD-PARTY INTERFACES 

The Platform may be accessed via white label arrangements, whereby Services are embedded in thirdparty interfaces. In such cases: 

• The Company remains the technical provider and operator of the Services, even if branded differently; 

• Users will be informed of the presence of multiple parties (e.g., data controllers, processors, or service providers);

• Data and transactions are recorded and processed by the Company in compliance with applicable regulations. 

The User accepts and acknowledges that the Company may subcontract the performance of certain elements of the Services to third parties. In such cases the third party affiliate, at its sole discretion, may modify or adjust the Services as required for technical reasons in unforeseen circumstances or in an emergency, without liability to the Company. The Company will notify the User of any such modification or adjustment as soon as reasonably practicable. 

15. HYPERTEXT LINK 

The Platform may contain links to third-parties digital environments which are not under the control of the Company. Some links are proposed only as a convenience and the inclusion of a link does not imply approval of the linked platform by the Company. The Company does not assume any liability for the content, services, products or equipment offered on such linked digital environment which is not owned or managed by the Company. No link may be established to the Platform without the Company prior written authorization. Furthermore, the Company could not accept for its Platform to be integrated in any form whatsoever (either partially or totally) to another platform. 

16. RISKS RELATED TO INVESTMENT INCOME & FUNDS DOCUMENTATION 

It is recalled that the individual value of an investment may significantly fall and the investor may not recover the invested capital. The past performance of a product does not constitute in any way a guarantee of future results and fluctuations in exchange rates may also have effects on the value of an investment. On this basis, the Company does not give any guarantee of performance regarding products which may be presented on the Platform. The Company will not assume any liability regarding the appropriateness of placing an order or the respect of the User’s profile in a transaction. The Platform provides access to official fund documentation as required by EU and national regulations. Users are responsible for reviewing such documents before making any investment decisions. The offer of products and services may be subject to specific local regulations in force. Users must be familiar with the laws governing investments on a local level. It is therefore up to each User to check, before making any investment, if the Client fulfils the conditions and terms of subscription or acquisition with regard to a particular product or service and to check that the Client is authorized, under the national and/or country of residence applicable legislation, to invest in a particular financial product. It is the User’s responsibility to comply with the laws of his country of residence and of the place where he is using the services of the Platform. If these laws prohibit the use of the Internet for any reason whatsoever, the User must accept the direct or indirect consequences of any violation of one of these legal and regulatory provisions. The Company may not under any circumstances be held liable for such violations. 

17. SUBMISSION AND PROCESSING OF ORDER 

Orders submitted through the Platform are transmitted to the relevant fund entities under the rules and cut-offs defined in each fund’s documentation in accordance with the Service Agreement. The Company does not guarantee order acceptance or execution, and is not liable for delays, rejections, or pricing differences. 

18. INTERACTIONS WITH REGULATED THIRD PARTIES 

Services may involve third-party regulated institutions such as:

• Fund Management Companies (ManCos); 

• Custodian banks; 

• Execution venues or intermediaries. 

The Company is not liable for their decisions, operational policies or execution failures but undertakes to select such providers based on prudential criteria. 

19. USER DECLARATION 

By accessing and using the Platform, the User acting on behalf of the Client, declares: 

• to have read, understood and accepted these Terms in full; 

• to have had the opportunity to download or store the document in durable format; 

• to act as a professional or institutional investor and are aware of the nature of the products and services provided. 

20. COMPLAINTS MANAGEMENT 

Complaints regarding any of the Services and/or the Platform functionalities may be made under the conditions indicated on the "Complaint Management" page of the Platform. 

21. GOVERNING LAW AND JURISDICTION 

Browsing on the Platform as well as any transactions or activity executed on the Platform are subject to the laws of the Grand Duchy of Luxembourg. The courts of the Grand Duchy of Luxembourg will be sole competent to hear any disputes arising out or in connection with the use of the Platform. These Terms and Conditions shall be governed and construed in accordance with the laws of the Grand Duchy of Luxembourg. 

22. LANGUAGE 

The English version is the sole authentic version of the Platform. In the event of contradiction with versions in another languages, the English version is considered authentic. 

23. ACCEPTANCE OF THE TERMS, AMENDMENTS AND IMPROVEMENTS 

By accepting these Terms and Conditions, the User, acting on behalf of the Client, acknowledges that it has read, understood and accepted to comply with these Terms and Conditions. The Company may amend these Terms and Conditions unilaterally at any time, particularly to reflect regulatory developments, system changes or operational needs. The Company reserves the right to make such improvements, modifications, and additions to the Services or any part or parts of the functionalities of the Platform as it shall deem necessary or advisable. Such changes will be notified to Users and/or the Client via the Platform or email. The use of the Platform after the notification will constitute acceptance of the new terms and conditions, unless the Client exercises its right to terminate the access within 30 (thirty) days.