Legal Notices and Terms of Use
Terms of Use and Important Information
By using the website of Clarus Capital Group AG, you confirm that you have reviewed, understood and agreed to the following important legal information and terms of use. If you do not agree to the terms, you are not allowed to access the content of this website.
No Offer
The information, products, data, services, analysis, tools and documents contained or described on the Clarus Capital Group AG Website are for information purposes only and constitute neither an advertisement or recommendation nor an offer or solicitation to buy or sell investment instruments or to enter into any transactions.
No Advice
The information and financial products mentioned on this Website are not suitable for all investors and is not deemed to be any legal, financial, tax and/or any other advice.
Prior to making investment decisions investors should conduct a thorough investigation and seek the advice of a qualified expert.
No Warranty
Clarus Capital Group AG takes all reasonable steps to ensure the reliability of the published information. Clarus Capital Group AG does not make any implied warranties to the quality, accuraccy, completeness, timeliness and originality of the published information.
Clarus Capital Group AG may also make no warranty and assume no responsibility for ensuring that the functions on this website is accessible at all times without interruption and that the website is working correctly.
Any data, including but not limited to financial market data, quotes, notices, research or other financial information accessible through the Website, have been obtained from carefully selected and reliable sources.
No Liability
To the maximum extent permitted by current laws and regulations, Clarus Capital Group disclaims any and all liability for any loss or damage of any kind arising from or in connection with the access or use of the Clarus Capital Group website respectively the impossibility of access or use. In particular, no liability is warranted for the content, accuracy, completeness or any links respectively errors or omissions from the website.
To the maximum extent permitted by current laws and regulations, Clarus Capital Group shall not be liable for any:
- loss of profits or revenue or savings or other economic loss,
- loss of business or other losses arising from normal business activity,
- loss or damage to data,
- incidental or special loss,
- indirect or consequential loss arising from us of or access to the Clarus Capital Group Website, even if advised of the possibility of any such loss or damage or if such loss or damage was foreseeable.
Links to other Websites
The activation of certain links on the website of Clarus Capital Group AG can sometimes cause you to leave the website of Clarus Capital Group AG. Clarus Capital Group AG has not reviewed the other sites linked to the Clarus Capital Group AG Website and does not guarantee the accuracy, completeness, timeliness, availability and legality of the content contained therein and accepts no liability for products and services, information and other content on these web sites. The same applies to websites that contain links to the website of Clarus Capital Group AG. The creation of a link from an external website to the website of Clarus Capital Group AG requires the prior written consent of Clarus Capital Group AG.
Proprietary Information
All components of the Clarus Capital Group AG website are protected by copyright and are owned by Clarus Capital Group AG.
Clarus Capital Group AG reserves all rights to all contents of this website and will enforce these rights with all the legal means and in accordance with applicable laws.
Any kind of reproduction, re-publication or distribution of the content requires the written consent of Clarus Capital Group AG and the respective indication of the source.
Nothing on the Clarus Capital Group website is designed to grant any license or right to use any image, trademark or logo. No act of downloading or otherwise copying from the website will transfer any legal entitlement to any software or material on the website to the user.
Changes in the Terms of Use
Clarus Capital Group AG reserves the right to modify this website and the Terms of Use at any time without prior notice. We therefore ask you to read these Terms of Use each time you access the Clarus Capital Group AG website and to check that you agree with the new version.
Selling Restrictions
All products on the Clarus Capital Group AG-Website may under no circumstances be sold or distributed to US persons or to persons in Singapore, the United Kingdom or the United States. The Products must be sold in accordance with all applicable selling restrictions in the jurisdictions in which they are sold.
Applicable Law and Jurisdiction
The use of the website of Clarus Capital Group AG and these Terms of Use are subject to Swiss law. The exclusive jurisdiction for all disputes arising out of or in connection with this agreement, is Zurich, Switzerland.
Client Information according to FINSA
Clarus Capital Group AG is one of the leading Independent Asset Manager in Switzerland with offices in Zurich, Geneva and Kazakhstan.
Zurich:
Clarus Capital Group AG
Gutenbergstrasse 10
CH-8002 Zurich
Geneva:
Clarus Capital Group AG
Rue du Rhône 78
CH-1204 Geneva
Kazakhstan:
Representative Office of
Clarus Capital Group AG
55/17 Mangilik El Avenue,
Block C4.1, 3rd Floor, Office 353
Nur-Sultan, 010000 Kazakhstan
The following information can change from time to time. You can find the latest version here or request it in digital or physical from your relationship manager. Should you have any questions regarding the following information please do not hesitate to contact us.
Business activity
The activities covered by FINSA include in particular asset management and various advisory services (e.g. investment advice, execution only, investment controlling, portfolio consolidation and reporting). Detailed information on the offered services, their scope, rights and obligations as well as risks involved and costs and fees associated with the services you’ll find in the asset management agreement concluded with you individually.
Dormant assets
It happens that contacts with clients brake off and assets subsequently become dormant. Such assets may be permanently forgotten by clients and their heirs. The following is recommended to avoid loss of contact or dormant assets:
- Change of address and name: Please notify us immediately of any change of residence, address or name.
- Special instructions: Please inform us about longer absences and about a possible redirection of correspondence to a third address or a withholding of correspondence as well as about the availability in urgent cases during this time.
- Granting of Powers of Attorney: It may be advisable to designate an authorized person whom the asset manager can approach in the event of a break in contact.
- Orientation of trusted persons and testamentary disposition: Another possibility to avoid a lack of contact and news is to inform a trusted person about the relationship with the asset manager. However, the asset manager may only provide information to such a trusted person if he or she has been authorized to do so in writing. Furthermore, the assets concerned may be mentioned, for example, in a testamentary disposition.
Further information can also be found in the brochure “Dormant Assets” published by the Swiss Bankers Association and made available on the Internet as follows: Link.
Supervisory status, competent authority, and supervisory organization
Clarus Capital Group AG is subject to authorization by the Swiss Financial Market Supervisory Authority FINMA, Laupenstrasse 27, CH-3003 Bern, pursuant to Article 5 paragraph 1 of the Financial Institutions Act (FINIA). Clarus Capital is currently regulated by the SRO of the supervisory organization AOOS – Swiss limited corporation for supervision, Clausiusstrasse 50, CH-8006 Zurich.
Ombudsman
The client’s satisfaction with our services is our main concern. Should Clarus Capital have concluded to reject a claim made by the client, the client may initiate a mediation proceeding through the ombudsman’s office. This service is in principle free of charge. The ombudsman will try to reach an agreement between the parties in a neutral and independent manner. For this purpose, the client may contact:
OFS Ombud Finance Switzerland
10 rue du Conseil-Général
CH-1205 Geneva
T: +41 22 808 04 51
E-mail: contact@ombudfinance.ch
Conflicts of interest
Clarus Capital Group AG takes care to prevent conflicts of interest as far as possible. Should avoidance of prevention not be possible any potential conflict of interest is disclosed byy Clarus Capital Group AG to you individually. To achieve full compliance with the prevention of conflict of interest appropriate internal directives and organizational measures are in place (e.g. rules for employee transactions, compliance with market conduct rules).
Scope of market offering
Within the scope of the financial services, Clarus Capital Group AG provides clients with a comprehensive market offering and considers all types of financial instruments from a wide range of counterparties (eg. Issuers, providers, brokers). For further information on the market offering, please contact your relationship manager. All services as well as the associated costs and risks are described in detail in the respective service agreement with its appendices.
Risk information
For information on risks generally associated with financial instruments, please refer to the brochure “Risks Involved in Trading Financial Instruments” published by the Swiss Bankers Association and made available on the Internet as follows: Link.
If you have any questions, need additional information, or wish to receive a printed copy of the brochure, please contact your relationship manager.
Client classification
FINSA defines the following classes for clients of financial service providers: «private clients», «professional clients» and «institutional clients». Each category is assigned a different level of investor protection (e.g. with regard to information duties, suitability and appropriateness obligations, and documentation and accountability duties).
Clarus Capital treats every client by default as a private client unless a client is informed otherwise. Insofar as a client is not already classified by law as a professional client («per-se professional client») a wealthy private client is entitled to request in writing from Clarus Capital Group AG at any time to change the client category to a professional client («opting-out»). Our relationship managers will inform you about the necessary FINSA requirements and provide you with the respective form to be filled.