Terms & Conditions

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Dear Visitors (hereafter “you”), before entering in this website www.mcsquare.lu (the “Website”), please carefully read the below legal notes and conditions of use. Those will give you important information on the access and use of this Website. By having access to the Website, MC Square S.A. considers you acknowledgement and agreement to these legal notes and conditions.

The aim of the Website is solely to present MC Square S.A. (also hereafter as the “Company”) and the services offered by the Company.

The content of this Website is regularly reviewed and updated in order to ensure correctness and accuracy of the information disclosed, at the time of the publication. The limitation to the point in time of the issue of the content is linked to the market development and other factors that may change over time. Therefore, no representation and no warranty of any nature, expressly or implicitly, can be done about the completeness, correctness, reliability of the content. MC Square S.A. cannot, under any circumstance, be held liable for any direct and indirect damage resulting from the information disclosed on the Website.

Content

The Content of this Website is for information only and doesn’t constitute a business relationship, a financial, legal, tax or other advice of any kind and shall not constitute a solicitation or an offer to buy, invest in any financial products which are referred to on the Website. The only legally authoritative are the electronic form of the prospectuses and KIID. Please note that investment decision should be taken based on the full set of documents, risk statements, legal, tax and investment advice. Therefore the information disclosed and provided on this Website is intended solely for your information as it is not tailored and oriented to your personal situation.

Personal data

By using the Website, collecting information, downloading documents and requesting information, you acknowledge that MC Square S.A. may trace all personal data or other kind of information. Such information and data can be your country of origin, whether or not you are a private or institutional investor and the pages you visit. In order to collect such data, the Company may use cookies. However the data collected are solely for the purpose to better tailor our website. Should you want to have access to your personal data the Company hold, you have the right to receive it according to the Luxembourg law.

MC Square S.A. draw your attention and remind you that the internet network is not a safe means of exchange of information and communication. The use of this network is under your responsibility and at your own risk. MC Square S.A. will not be liable for any loss of damage of any nature, directly or indirectly, from the use of the Website.

Copyright

MC Square S.A. is the owner of the content of this Website. Any reproduction of data and information, by whatever process or tool, is forbidden and requires the prior written express permission of the Company.

Link to other websites

The Website contains link to other Websites which are owned by entities not held by the Company. These Websites are out of the control and influence of the Company. No representation and no warrant are endorsed by the Company on the content of such Websites, including their availability, services, nature, accuracy, completeness, reliability or suitability. All the links you may find on the Website should not constitute a recommendation or assumption of liability with regard to the content of these websites nor a guarantee on the content of such websites.

Forward-looking statements

Forward-looking statements are merely forecasts and may predict, project, or use future events as expectations. These statements are speculation statements and can contain misleading information and can be mistaken for factual statements. They do not constitute a guarantee.

The value of Investment Fund fluctuates all the time and cannot be deducted based on past performances and historical developments. Indeed, past performances demonstrate performances achieved in particular market conditions and these performances are not a reliable indicator of positive performances in the future. Therefore MC Square S.A. doesn’t guarantee the performance of the invested capital.

Access subject to local restrictions

The information on this website relating to securities and financial services has only been checked with respect to compatibility with Luxembourg law.

Computer viruses (viruses, malware, spyware)

MC Square S.A. denies all liability for manipulations to the internet user’s EDP/IT system by unauthorised parties. MC Square S.A. expressly points out the danger of viruses, so-called malware and spyware, and the possibility of targeted hacking attacks. The use of current browser versions as well as the installation of continuously updated anti-virus software is recommended for combating viruses. E-mails of unknown origin as well as e-mails with unexpected attachments should not be opened on principle.

Notices for investors relevant to the United States of America and US persons

The information on this website is not intended for recipients in the United States of America. US persons (as defined in “Regulation S” of the US Securities Act of 1933) and persons who are residents of the United States of America may not use this website. Information on this website may not be forwarded to the United States of America. Securities, including investment fund shares and certificates for which information is provided on this website, are not and will not be registered in accordance with the US Securities Act of 1933. Furthermore, trading in these securities is not permitted pursuant to the US Commodities Exchange Act of 1936. The securities, including the investment fund shares and certificates, may not be offered or marketed in the United States of America, or offered or marketed to US citizens or persons resident in the United States of America.

The administrators of the investment fund may restrict or forbid the possession of shares by persons who are subject to taxes in the United States of America (all states and the District of Columbia). Natural persons subject to taxes in the United States of America are, for instance, those who were born there or have their place of residence there, naturalised citizens or persons who are married to a citizen of the United States of America. The term “US person” also includes legal entities that have been established according to the laws of one of the 50 US states or the District of Columbia.

The Foreign Account Tax Compliance Act (“FATCA”), a portion of the 2010 Hiring Incentives to Restore Employment Act, became law in the United States in 2010. It requires financial institutions outside the US (“foreign financial institutions” or “FFIs”) to pass information about “Financial Accounts” held by “Specified US Persons”, directly or indirectly, to the US tax authorities, the Internal Revenue Service (“IRS”) on an annual basis. A 30% withholding tax is imposed on certain US source income of any FFI that fails to comply with this requirement. On 28 March 2014, the Grand-Duchy of Luxembourg entered into a Model 1 Intergovernmental Agreement (“IGA”) with the United States of America and a memorandum of understanding in respect thereof. The investment funds would hence have to comply with such Luxembourg IGA, in order to comply with the provisions of FATCA rather than directly complying with the US Treasury Regulations implementing FATCA. Under the IGA, the investment funds may be required to collect information aiming to identify its direct and indirect shareholders that are Specified US Persons for FATCA purposes (“reportable accounts”). Any such information on reportable accounts provided to the investment funds will be shared with the Luxembourg tax authorities which will exchange that information on an automatic basis with the Government of the United States of America pursuant to Article 28 of the convention between the Government of the United States of America and the Government of the Grand-Duchy of Luxembourg for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes in Income and Capital, entered into in Luxembourg on 3 April 1996.

Confirmation

By the use of this Website, you accept the term of this disclaimer and you acknowledge that your personal data will be stored and collected in compliance with the Luxembourg law of 2 August 2002 as amended, on the protection of personal data.

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