Legal Notice
The Private Wealth Council (hereinafter: PWC) provides this Website (hereinafter Website), including any content (defined below), to you, subject to the following Legal Notice and any documents referred to in them, which may be updated by PWC from time to time without any notice to you. You should review the Legal Notice regularly at www.privatewealthcouncil.org. By accessing the website and/or any pages thereof, you signify your agreement with and understanding of the Legal Notice and any changes to them. If you do not agree to the Legal Notice, we strongly advise you to leave this website including all its subordinated sites now.
1. Legal Notice
In addition to the Legal Notice, when using particular PWC services, you and PWC shall be subject to any guidelines and rules applicable to such services which may be posted by PWC from time to time. All such guides and rules are hereby incorporated by reference into the Legal Notice. In most cases the guides and rules are specific to a particular part of the Website and will assist you in applying the Legal Notice to that part. To the extent of any inconsistency between the Legal Notice and any guide or rule, the Legal Notice will prevail. PWC may also offer services from time to time that are governed by other Legal Notices. In such cases the other Legal Notice will be posted on the relevant service to which they apply.
Unless explicitly stated otherwise, any new features that augment or enhance the current Website shall be subject to the Legal Notice. To the extent of any inconsistency between the Legal Notice and any other Legal Notice provided by PWC, those other Legal Notice will prevail.
2. Responsibility for internet access
In order to use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with the access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You are also responsible for ensuring, that all persons who access the Website through your internet access are aware of the Legal Notice, and that they comply with them.
3. Uploading material
If you are granted access to any site within the PWC Webpage allowing you to upload material to this Website, by doing so you shall be solely responsible for your own material (hereinafter: "material") and the consequences of uploading them.
You warrant, represent and undertake that: (a) you own or have the necessary licenses, rights, consents and permissions to use and authorize PWC to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all materials to enable inclusion and use of the materials in the manner contemplated by the Website and these Legal Notice; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in any material to use the name, or likeness of each and every such identifiable individual person to enable inclusion and use of the materials in the manner contemplated by the Website and these Legal Notice.
For information, you retain all of your ownership rights in your materials. However, by submitting the material to PWC, you hereby grant PWC a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the materials in connection with the Website or PWC (and its successor's) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your materials through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such materials as permitted through the functionality of the Website and under this Legal Notice as if it were content.
You further agree that you will not: (a) submit material that is subject to copyright laws, protected by trade secret or otherwise subject to third party intellectual property or any other proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant PWC all of the license rights granted herein; (b) publish falsehoods or misrepresentations that could damage PWC or any third party in any way; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, do not comply with any law, or is otherwise inappropriate; (d) post advertisements or solicitations of business; or (e) impersonate another person. PWC does not endorse any material or any opinion, recommendation, or advice expressed therein, and PWC expressly disclaims any and all liability in connection with the materials.
Without affecting the scope of any other section of this Legal Notice, PWC has the right to remove any material uploaded by you and/or terminate your access to the Website without notice if, in its opinion, such materials infringe another's intellectual property rights or otherwise does not comply with any provision of this Legal Notice.
You understand, that when using the Website, you may be exposed to materials from a variety of sources, and that PWC is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such materials. You further understand and acknowledge that you may be exposed to materials that are inaccurate, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against PWC with respect thereto.
4. Privacy policy
By using the Website, you or any person who you allow to access and use your account may provide PWC with certain personal data, including the registration data and certain other information about you. By submitting your personal information to the Website, you agree (and shall ensure that each other person agrees) to PWC's use of such data (a) in accordance with the PWC Privacy Policy published on the PWC Website; (b) disclosure of your personal data to PWC's affiliates, employees, agents, representatives and third parties related to the technical support of this website worldwide for the purpose of providing the Website to you in an efficient manner (c) for the purpose of properly administering your account in accordance with the standard operating procedures of PWC (including without limitation contacting you about the Website, your account, this Legal Notice and any products or services of PWC from time to time); or (d) if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce the Legal Notice, respond to claims that any content violates the rights of third-parties, or protect the rights, property, or personal safety of other users or the public.
5. Member account
As a member of the Private Wealth Council and/or as a person being granted access to the member's section of the PWC Website, you will receive a password and account designation upon completing any registration process by post. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PWC of any unauthorized use of your password or account and any other breach of security; and (b) ensure that you exit from your account at the end of each session. PWC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. Furthermore, please refer to the special Privacy Section on the PWC Website for related security and privacy guidelines.
6. Indemnity
You agree to indemnify and hold PWC, officers, agents, co-branders and other partners, and employees, harmless from any and all liabilities, losses, damages, claims, penalties, fines, costs and expenses, including without limitation reasonable legal fees, that may arise in connection with: (a) your use of and access to the Website, including without limitation any content, or materials uploaded by you, as well as your connection to the Website; (b) your failure to comply with any provision of the Legal Notice; or (c) any claim by a third party that any of your materials or any other use of the Website by you infringes any intellectual property, other proprietary or privacy right of such third party or has otherwise caused damage to a third party.
7. No resale for services
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial or non-commercial purposes, any portion of the Website, use of the Website, or access to the Website, without the prior written consent of PWC.
8. Modifications of the service
PWC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that PWC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website. Although PWC will take reasonable care in ensuring the content is up to date, any of the content may be out of date at any given time, and PWC is under no obligation to update such content.
9. Termination
You agree that PWC may in its sole discretion, terminate your password, account (or any part thereof) or use of the Website, and remove and discard any content within the Website, for any reason, including, without limitation, for lack of use or if PWC believes that you have violated or otherwise not complied with any provision of the Legal Notice. PWC may also in its sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this Legal Notice may be effected without prior notice, and acknowledge and agree that PWC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, you agree that PWC shall not be liable to you or any third-party in any way for any termination of your access to the Website.
10. Links and feeds
The Website may provide, or third parties may provide, links or PWC feeds to other websites or resources. Because PWC has no control over such sites and resources, you acknowledge and agree that PWC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that PWC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, services or any other material available on or through any such site or resource.
In the event that you wish to establish a link to the Website, you expressly agree: (a) not to include the Website into the frame of another website; (b) not to create any third party association with the Website; (c) to ensure that the link does not state or imply that PWC approves of, sponsors or endorses any other website activity, company or entity, or presents PWC and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages PWC's reputation or takes advantage of it.
The link to the Website does not permit you to use any PWC and/or third party content, names, logos, pictures or trademarks, unless separately and previously agreed to in writing by the relevant rights-holder. PWC reserves the right to require you to remove any link to the Website without notice. If you wish to use or display any PWC feeds on your website: (a) PWC grants you a non-transferable, royalty free non-exclusive license to display PWC feeds on your website subject to this Legal Notice; (b) you expressly agree: to ensure that the PWC feed does not state or imply that PWC approves of, sponsors or endorses any other website activity, company or entity, or presents PWC and/or its activities in a false, misleading, defamatory or derogatory manner or otherwise damages PWC's reputation or takes advantage of it.
11. Proprietary rights
You acknowledge and agree that the Website, any necessary software used in connection with the Website ("Software"), and the content, including all data files, without limitation of the content contained in any information presented to you through the Website the trademarks, service marks and logos contained in the Content, except all materials, are owned by or licensed to PWC, and contain proprietary and confidential information that is protected by applicable intellectual property and other laws. PWC has absolute editorial control over all such content. PWC grants you permission to view, store, print, reproduce and distribute any pages or download any material from the Website for personal non-commercial use only provided that (a) PWC's status (and that of any identified contributors) as the authors of the content is always acknowledged; (b) you include a link to these Legal Notice with any reproduction; and (c) such content is displayed in accordance with any relevant requirements as may be notified to you by PWC from time to time. Except as expressly authorized by PWC, its members or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part.
PWC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software for the purposes of using the Website in the manner permitted by this Legal Notice, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. The foregoing is subject to applicable statute and other express law. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Website. You agree not to access the Website by any means other than through the interface that is provided by PWC for use in accessing the Website.
12. Viruses, hacking and other offences
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you may commit a criminal offence in a number of different jurisdictions. We may report any such breach to the relevant law enforcement authorities and we may co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any material posted on it, or on any website linked to it.
13. Disclaimers
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
(A) YOUR USE OF THE WEBSITE, AND ANY FEEDS FROM IT, IS AT YOUR SOLE RISK. THE WEBSITE, AND ANY FEEDS FROM IT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PWC EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT. (B) PWC MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE WEBSITE, OR ANY FEEDS FROM IT, WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, OR ANY FEEDS FROM IT, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY FEEDS FROM IT, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, OR ANY FEEDS FROM IT, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (D) COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE, OR CONTAINED IN ANY FEEDS FROM IT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PWC OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE LEGAL NOTICE AND PWC DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY ANY VISITOR TO THE WEBSITE OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
14. Limitation of liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT PWC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PWC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO INDIRECTLY THROUGH THE WEBSITE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (v) RESULTS OF THE WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT; OR (d) ANY OTHER MATTER RELATING TO THE WEBSITE.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OF THE LEGAL NOTICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.
15. Exclusion and limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF OTHER SECTIONS OF THIS LEGAL NOTICE MAY NOT APPLY TO YOU.
NOTHING IN THIS LEGAL NOTICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM THE NEGLIGENCE OR FRAUD OF PWC OR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Notices
Notices to you may be made via either email or by post at the relevant email or postal address provided by you to PWC from time to time. The Website may also provide notices of changes to the Legal Notice or other matters by displaying notices or links to notices to you generally on the Website.
17. Trademark and copyright
PWC and the PWC logo are trademarks and copyright material of PWC (the "PWC Marks"). You agree not to display or use the PWC Marks in any manner without PWC's prior written permission.
18. Copyrights and copyrights agents
PWC respects the intellectual property of others. If you believe that any of your intellectual property rights have been infringed on the Website, please provide PWC with the following information via email.
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the relevant right which is allegedly infringed;
(b) A description of the material that you claim is infringing and where that material is located on the site;
(c) A description of each work subject to the relevant rights that you claim have been infringed;
(d) A statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law;
(e) Your address, telephone number, and email address and such other information as may be reasonably required by PWC to enable PWC to contact you;
(f) A statement by you that the above information is accurate and that you are the rights owner or authorized to act on the rights owner's behalf.
19. General Informations
This Legal Notice (including the guides and rules and other terms referred to herein) constitute the entire agreement between you and PWC in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, undertakings of any nature, between you and PWC, whether oral or written in relation to such subject matter. You may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.
The Legal Notice and the relationship between you and PWC shall be governed by the laws of Switzerland.
All disputes in connection with this Legal Notice are to be resolved, to the exclusion of the ordinary courts, by a three person Arbitral Tribunal in accordance with the International Arbitration Rules of the Swiss Chamber of Commerce, one arbitrator to be appointed by each of the parties. The proceedings will be conducted in English and will take place in Zurich.
Any failure by PWC to exercise or enforce any right or provision of the Legal Notice shall not constitute a waiver of such right or provision.
If any provision of the Legal Notice is found to be invalid, the parties nevertheless agree that the parties' intentions as reflected in the provision shall be given effect to the fullest extent practicable, and the other provisions of the Legal Notice remain in full force and effect (Salvadorian clause). The section titles in the Legal Notice are for convenience only and have no legal or contractual effect.
You may not assign or transfer any of your rights or obligations, or subcontract the performance of any of your obligations, under the Legal Notice. PWC may assign or transfer any right or obligation, or subcontract the performance of any of its obligations, under the Legal Notice to any third party at any time without your consent (such consent hereby being given).Please report any violations of the Legal Notice to PWC via email.