Terms and Conditions of Moonchain’s website

MOONCHAIN CAPITAL SA (« hereafter « MOONCHAIN » ) offers on its website (hereinafter “the website”) consulting services on investments in the field of cryptocurrencies and blockchain technology. The accessing and use of the website are governed by the Terms and Conditions set out herein.

These Terms and Conditions shall be supplemented by any and all special agreements applying in connection with a service offered by MOONCHAIN where you or your representative (hereinafter “you”) act in a capacity as contracting party. Nevertheless, in the event of any conflict, the provisions contained in any such special agreement shall prevail.

By accessing and using the website, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions. Furthermore, you accept that MOONCHAIN may, at any time and without any prior notice requirement, alter the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access or use the website in any way whatsoever.

1. Local restrictions - provision of cross-border services

The services presented on this website are authorized for sale in Switzerland. They are not intended for any person/s who, based on their nationality, place of business, domicile or for any other reasons, is/are subject to legal provisions which prohibit foreign financial services providers from engaging in business activities in these jurisdictions, or which prohibit or restrict legal entities or natural persons from accessing websites of foreign financial services providers.

Where MOONCHAIN is not authorized by the supervisory authority of a certain country, MOONCHAIN can as a general rule not promote cryptocurrencies and blockchain technology in that country.

In particular, MOONCHAIN might not be authorized by the supervisory authorities of the USA, Canada, Great Britain, Germany, Italy, and France. This website may however contain information, in particular about cryptocurrencies and blockchain technology services offered by MOONCHAIN, that may be considered by the supervisory authorities of the above mentioned countries as a public offer of cryptocurrencies and blockchain technology services or a canvassing targeting persons domiciled in the concerned countries. If you are domiciled in one of the above-mentioned countries, you confirm that you access this website on your own initiative and without any solicitation from MOONCHAIN.

2. Website Ownership

The website is the exclusive property of MOONCHAIN. MOONCHAIN’s proprietary rights shall not be altered in any way by any reproduction or use of the website.

3. Copyright and Trademarks

The content and layout of the website of MOONCHAIN are protected by copyright (all rights reserved) and other intellectual property rights, held by MOONCHAIN and/or the information providers with whom MOONCHAIN operates (hereinafter “third party information providers”).

Information provided on the website may only be downloaded, printed or otherwise reproduced - for personal, non-commercial purposes - provided that the copyright notes and other statutory proprietary designations are retained. You do not acquire rights by reproducing or copying in any way information available on the website; all rights are retained by MOONCHAIN.

You are strictly prohibited from using anywhere other than on the website and from copying in any way whatsoever software or any other tools available on the website.

It is forbidden under any circumstances to set up links, e.g. in the form of hyperlinks or inline links, to this website, to frame it, or to access it through inline links or through a frame, without MOONCHAIN's prior written approval.

It is forbidden to reproduce in whole or in part, transmit by electronic or any other means, modify or use copyright elements of this website for public or commercial purposes without MOONCHAIN's prior written approval.

® MOONCHAIN, and the Moon logo in particular are trademarks of MOONCHAIN. Other verbal and/or graphic elements featuring on the website and used to identify the origin of a product or service may be the trademarks of their respective owners, for example the trademark of one of MOONCHAIN’s commercial partners. These trademarks may not be reproduced or used without the prior permission of their owners.

4. No Offer or Advice

All the information provided, in particular the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via MOONCHAIN, is provided for information purposes only and SHOULD IN NO EVENT BE CONSTRUED AS AN OFFER, A PIECE OF ADVICE OR A RECOMMENDATION to buy or sell a particular cryptocurrency and blockchain technology or to engage in any transaction whatsoever; nor should the information and services provided be construed as advice of any other type, for example of a fiscal or legal nature.

All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation of the information available, in particular the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via MOONCHAIN. You are solely responsible for such decisions.

Investments in cryptocurrencies and blockchain technologies featured on the website are subject to certain risks. The price of securities may go down as well as up. Fluctuations in foreign exchange rates can also alter the value of cryptocurrencies and blockchain technology. The future performance of cryptocurrencies and blockchain technology cannot be guaranteed by past performance. It is therefore possible that you do not get back the amount you invest.

5. Exclusion of Liability

TO THE MAXIMUM EXTENT PERMITTED BY CURRENT LAWS AND/OR REGULATIONS, MOONCHAIN, INCLUDING ITS DIRECTORS, AGENTS, EMPLOYEES, SUB-CONTRACTORS AND ITS SALES PARTNERS DISCLAIM ANY AND ALL LIABILITY FOR LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLY AS A RESULT OF (1) THE DATA, INFORMATION, ACCURACY, COMPLETENESS OR OTHERWISE OF THE CONTENT OR ANY LINKS OR THIRD PARTY CONTENT; (2) ANY ERRORS IN OR OMISSIONS FROM THE SITE; (3) USE OF OR ACCESS TO THE SITE; (4) ANY INABILITY TO ACCESS OR USE THE WEBSITE FOR ANY REASON.

TO THE FULL EXTENT PERMITTED BY CURRENT LAWS AND/OR REGULATIONS, MOONCHAIN SHALL NOT BE LIABLE FOR ANY (1) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, (2) LOSS OF BUSINESS OR GOODWILL, (3) LOSS OF OR DAMAGE TO DATA, (4) INCIDENTAL OR SPECIAL LOSS, (5) WASTED OR LOST MANAGEMENT TIME, OR (6) INDIRECT OR CONSEQUENTIAL LOSS ARISING FROM USE OF OR ACCESS TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

6. Disclaimer of Warranty

MOONCHAIN and third party information providers pay particular attention to the preparation and update status of the data provided. Any data, including but not limited to financial market data, quotes, notices, research or other financial information accessible through this website, has been obtained from carefully selected sources believed to be reliable.

Nevertheless, THEY DO NOT WARRANT OR GUARANTEE, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the information published on the website, transmitted to you or obtained via selection or decision-making tools. In addition, real time information is obtained from what is believed to be a reliable source, but cannot be guaranteed.

The information and opinions in the website are descriptive of MOONCHAIN as a whole and the services described may not be available to or suitable for all clients. The fact that a user accesses the website does not make him a client of MOONCHAIN

Furthermore, information and opinions may be changed at any time without any prior notice being required.

7. Links

The activation of certain links on the website may cause you to leave the MOONCHAIN website. MOONCHAIN does not review any of these linked websites and does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these sites, nor shall it be in any way responsible for the products, services, information and other content offered via these linked sites. The same applies to websites offering links to MOONCHAIN’s website.

Furthermore, prior written approval must always be obtained before a link from an external site to MOONCHAIN’s website can be created.

8. Material Interests

MOONCHAIN, its directors, officers, employees, agents or shareholders may have or have had business relationships or other forms of dealings with companies whose securities feature on the website. Furthermore, MOONCHAIN, its directors, officers, employees, agents or shareholders may hold or have held securities which feature on the website.

9. Confidentiality and Encryption

Your attention is drawn to the fact that the data exchanged between yourself and MOONCHAIN is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Switzerland’s borders, even if both yourself and MOONCHAIN are located in Switzerland. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted.

Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption logarithms. In no event shall MOONCHAIN be responsible for any violations of measures governing the importing, exporting or use of encryption logarithms. You alone shall be responsible in the event of any such violation.

Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail or SMS, is in principle not encrypted and may be intercepted.

10. Data transfer / processing

When you access the website, your Internet browser automatically transfers data to our web server for technical reasons. This relates to items including the date and time of the access, the URL of the web site sending the information, the files called up, browser type and version, and your IP address. This data is stored separately from other data that you input as part of your use of our offering. We are not able to allocate this data to a specific person. It is only analysed for statistical purposes and is then deleted.

As a rule, it is not necessary for you to input personal data to use our web site. However, in exceptional cases may be required so that MOONCHAIN can provide its services. This relates, in particular, to the input of personal data on registration pages or the use of subscription services. You may be asked to provide your express permission in the corresponding place on our web site.

We observe the principles of purpose-related data processing and only collect, process and store your personal data for the purposes of which you have informed us.

For more information on MOONCHAIN Data privacy policies, please read carefully our “GDPR Data Privacy Notice” accessible here and “FADP Data Privacy Notice” accessible here.

11. Place of Jurisdiction

The sole place of jurisdiction for all disputes arising out of or in connection with the Terms and Conditions stipulated herein and/or the use of the website is the canton of Geneva, Switzerland.

MOONCHAIN nevertheless reserves the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.

12. Partial Nullity and Choice of Law

In the event of one of the Terms and Conditions being void, cancelled or rendered otherwise invalid, the validity of the remaining Terms and Conditions shall not be affected or impaired. In all other instances, the Terms and Conditions as well as the use of the website are exclusively governed by and construed in accordance with Swiss law.