1. The PERFORMANCE WATCHER online platform (“PW”), accessible on www.performance-watcher.ch, is owned by INVESTMENT BY OBJECTIVES (IBO) SA (“IBO”).
2. You are accessing PW :
a) as owner of a license or sub-license for such use, or
b) as user of a license or sub-license attributed to you by your employer owning it, or
c) as client of such a user.
Whether or not you have signed a contract with IBO, by accessing PW, you agree to comply with these general conditions of use of PW (“GCU”). If you are also bound by a contract with IBO, these GCU shall apply for whatever is not governed by that contract.
3. You understand that the extent of your access to PW and its various functionalities shall depend on the type of license or sub-license you own or use.
4. By accessing PW with a unique combination of username and password or access code, you confirm that you are entitled to do so, and commit to:
a) keeping your username and password or access code confidential, and
b) ensuring that third parties may not use your PW access in any way, and
c) notifying IBO immediately (i) of any undue access by third parties to PW using your username and password or access code and (ii) of any problems you may experience accessing PW using your username and password or access code.
5. PW’s sole purpose is to present financial data as aggregated and analyzed by IBO; PW does not intend to provide any investment advice, or to offer or promote any financial services or products; you are fully and solely responsible for your use of the information available on PW, including any investment decisions you may take having accessed PW.
6. IBO shall make its best effort to ensure (i) that PW shall function without incidents or interruptions and (ii) that you may likewise access PW without incidents or interruptions; however, IBO does not provide any guarantee to that effect, and you understand and accept that such incidents and interruptions are inevitable and may occur at any time, whether for maintenance of PW or for any other reasons, and that IBO may in no circumstance be held liable as a result.
7. For your part, you understand that your access to PW requires certain hardware, software and proper internet access, whose acquisition and maintenance is your own, exclusive responsibility.
8. IBO cannot rule out, nor does it provide any guarantee to that effect, that you may be the target of a computer attack (hacking, virus, data theft or other) upon logging onto PW; you agree fully to bear such risk, and understand that you are solely responsible for taking all appropriate precautionary measures, notably to safeguard your computer system and your data.
9. The modalities of access to PW mean that IBO shall not necessarily know your place of work, of residence, or of logging on; you shall bear sole responsibility for complying with the legislation of your place of work, residence or logging on in connection with your access to PW and your use of its platform.
10. If, in the context (i) of setting up your username and password to access PW or (ii) of your use of PW, you input personal data in the meaning of the relevant legislation, then :
a) IBO shall implement reasonable measures to protect such data, and ;
b) IBO shall not use such data other than to ensure quality of service on PW, though without making your data accessible to other PW users or any third parties.
You understand and accept that your access to PW or certain of its functionalities may be subject to your acceptance of “cookies”, which would however comply with above-mentioned requirements.
11. In respect to third parties, you may quote or mention financial data or any other information published on PW, only whilst stating their source.
12. It is possible that information or other elements featured on PW may be sourced from third parties, or that PW may feature links to third-party websites; in such case :
a) IBO shall assume no liability of any kind for the quality or integrity of such information or elements from third parties, nor for the goods or services that may be offered or provided by such third parties ;
b) you understand that such information or elements from third parties may be protected by intellectual property or other rights belonging to third parties, and shall not make any use of it that may be in breach of such rights.
13. PW, including notably its graphics, its user interface, its editorial content, the scripts and software running it, etc., are work products of IBO and are protected by intellectual property and/or other rights belonging to IBO, which you commit to uphold. You are prohibited from attempting any reverse-engineering of PW and/or any of its functionalities.
14. PW and the data available on PW are designed strictly for your own personal use, to the exclusion of any commercial use, meaning for example that :
a) if you are a professional wealth manager, you commit to not make any use of PW and the data available thereon, in any manner or form, other than for the purpose of managing your clients’ assets;
b) if you are a private individual managing your own assets or those of persons close to you, you likewise commit to not make of PW any use other than strictly for that purpose, and notably no use of PW in the context of a professional management activity for third parties in return for compensation ;
c) in any case, you may not, for instance, aggregate, synthesize and/or repackage data available on PW for promotional purposes connected to your activities, or for resale.
15. IBO reserves the right, at all times and without notice, and without incurring any liability for any reason :
a) to modify the aspect, content and functionalities of PW ;
b) indefinitely to suspend PW or your access to PW ;
c) to modify these GCU.
16. These GCU are governed by Swiss law. For any dispute in connection with these GCU and/or your access to or use of PW, the courts at the seat of IBO shall have exclusive jurisdiction.