Terms and Conditions

1. Applicability

  • 1.1These General Terms and Conditions (GTC) apply to the registration on our website “https://aixgroup.ch/” (website) and apply to all services provided by AIX Group AG Switzerland, with company number CHE-308.054.834, for the members of its network.
  • 1.2The network is reserved for professional clients domiciled in Switzerland according to Art. 4 para. 3 – 5 or according to Art. 5 para. 1 and 4 Financial Services Act (FinSA). According to Art. 4 para. 3 let. a FinSA, professional clients are in particular financial intermediaries according to the Banking Act, the he Collective Investment Schemes Act (CISA) as well as asset management and investment advisory clients according to FinSA. In addition, high net worth individuals can declare in writing that they wish to be considered professional clients within the meaning of FinSA. When registering, we ensure that all members are professional clients by providing certain mandatory information. We reserve the right to deny access to the member area to persons who do not meet the requirements.

2. Reservations under financial market law

  • 2.1None of the financial instruments mentioned on the Website are made available to persons who are resident in a country, state or jurisdiction in which the offer, marketing, and/or distribution of these financial instruments is in conflict with the laws or regulations applicable there, nor are the relevant term sheets, prospectuses or other information documents distributed. Persons in respect of whom such restrictions apply must not access the Website. Users of the Website are responsible for ensuring that they are legally entitled to access the Website. None of the financial instruments referred to on the Website is or will be registered in the United States of America under the Securities Act of 1933, as amended. Therefore, none of the financial instruments is intended to be offered, directly or indirectly, in the United States of America (including its territories and colonies), to nationals and residents of the United States of America, to persons ordinarily resident in the United States of America or to persons for the benefit of or in respect of U.S. persons (as defined in Regulation S under the Securities Act of 1933). Persons in respect of whom such restrictions apply must not access the Website.
  • 2.2The information provided on the website and in particular in the members’ area constitutes advertising for financial instruments within the meaning of Art. 68 FinSA. It is for information purposes only and does not constitute investment advice, a solicitation, or a recommendation to buy or sell financial instruments, nor is it a recommendation or decision-making aid for investment and is not the result of objective or independent research. The content of the website does not claim to be complete and only presents certain features of the instrument described. They are based on information and data provided by the issuer of the respective financial instrument. Although AIX Group AG has made reasonable efforts to ensure that the information contained on the Website is current and accurate, and although AIX Group AG has taken all reasonable care in compiling and updating the information on the Website, AIX Group AG has not verified and cannot guarantee the accuracy and completeness of the information presented on the Website.

3. Services

  • 3.1With the registration, members get access to additional content and become part of the network. This gives members access to financial instruments presented on the website.
  • 3.2The access to financial instruments on the website is determined by the circumstances, facts, and information communicated by the member and accepted by AIX Group AG. The member shall ensure that AIX Group AG receives in a timely manner all information that AIX Group AG requires for the brokerage of the financial instruments presented on the Website and for the qualification of the member as a professional client or that is essential for this brokerage activity or qualification. AIX Group AG may assume that the circumstances, facts, and information provided by the member are correct and complete and that AIX Group AG will be informed in a timely manner by the member of changing circumstances, facts, or information that have an influence on the brokerage activity of AIX Group AG or the qualification of the Member as a professional client.
  • 3.3AIX Group AG will not verify or review information or instructions given to AIX Group AG by the Member or others on behalf of the Member without reasonable cause, and the Member acknowledges that AIX Group AG is entitled to rely on such information and instructions in carrying out the member’s instructions.

4. Confidentiality

  • 4.1By registering, member agrees that all information exchanged between AIX Group AG and member in connection with their access to content in the Member Area, whose access must be approved by AIX Group AG prior to any self-declaration by the relevant person or entity on the Website and/or which they receive from AIX Group AG and/or its representatives and/or advisors in relation to the business and operation of the Platform, shall be kept strictly confidential by AIX Group AG (including their respective representatives or advisors) on the one hand and the relevant person or entity (including their respective representatives or advisors) on the other hand. Member shall not use confidential information in any form or disclose it to any third party unless expressly authorized by AIX Group AG. The Member shall ensure that its employees, directors, and other representatives, as well as its consultants to whom such confidential information is entrusted, comply with these restrictions.
  • 4.2Without limiting Section 4.1, the term Confidential Information shall include, without limitation
    • i. all information made available by AIX Group AG to member, including any information, data or know-how, business and financial information, material terms in term sheets, draft contracts and similar documents, which AIX Group AG has made available to Member either (i) in writing (including e-mails) or by electronic means and which is designated as “confidential”, or (ii) orally; and
    • ii. in particular, all information concerning the financial instruments presented and the terms and conditions of the financial instruments presented; and
    • iii. any other trade secret, financial or confidential information of the Website and in particular in the Members Area.
  • 4.3Information shall not be considered confidential if the Member can prove that it:
    • i.is already publicly known at the time of the communication or becomes publicly known thereafter without the Member having caused this by a breach of these GTC;
    • ii.were already known to the Member at the time of the notification by AIX Group AG;
    • iii.were or are communicated to the member by a third party, unless the third party has violated a confidentiality obligation assumed towards AIX Group AG by the communication;
    • iv. as developed or acquired by the Member independently of the confidential information received under these GTC; or
    • v.is required to be disclosed to third parties by law, governmental or judicial order, provided that Member notifies AIX Group AG immediately (in no event less than 3 business days before being required to disclose the Confidential Information pursuant to such order), to the extent permitted by applicable law. Such information shall remain subject to confidentiality under these GTC for all other purposes.
  • 4.4If disclosure of Confidential Information is required by law or regulation (including, but not limited to, for tax, audit or regulatory purposes), Member shall use all reasonable efforts to maintain the confidentiality of the materials and information so disclosed.
  • 4.5Member may use Confidential Information in accordance with this Confidentiality Undertaking. Subject to the provisions of these GTC, Member acknowledges and agrees that Confidential Information provided to it by AIX Group AG or any other party (including its agents or consultants) under these GTC may only be used by Member as follows
    • i.as permitted under these GTC;
    • ii.for the benefit of AIX Group AG; or
    • iii.for the Member’s evaluation of the Website.
  • 4.6Nothing herein shall prevent AIX Group AG from granting third parties access to the Website and for purposes of financial, commercial, strategic, or similar transactions with due diligence, where applicable on the basis of confidentiality and non-use agreement.
  • 4.7In the event of a breach of the obligations arising from this confidentiality obligation, the Member shall be liable to AIX Group AG for payment of a penalty in the amount of CHF 50,000 for each case of infringement and, in the event of continued infringement, for each calendar month during which the infringement continues, regardless of whether the infringement relates to only a part or the entire calendar month. Proof of actual damage is not required for the claim for payment of contractual damages.
  • 4.8Payment of liquidated damages shall not constitute a waiver of any claim for payment of actual damages or of any obligation of the Member under this Agreement.

5. Exclusivity and penalty

  • 5.1The Member irrevocably and unconditionally undertakes to make investments in the various financial instruments presented on the Website exclusively through the channels made available on AIX Group AG Website.

6. Compensation and expenses

  • 6.1Any compensation and expenses are governed by the provisions disclosed in the member area.
  • 6.2The Member declares that he/she will not claim any benefits from AIX Group AG if the provisions regarding compensation and expenses are unclear to the Member.

7. Limitation of liability

  • 7.1AIX Group AG assumes no express, statutory, or implied warranty or guarantees with respect to the information contained on the website and in the member area, parts thereof, or resulting results. The information provided on the Website and in particular in the Member Area has been prepared without regard to the objectives, financial situation, personal circumstances, or needs of any particular Member.
  • 7.2In particular, past performance is not a guarantee or indication of future returns, nor is there any guarantee that a Member’s capital will be protected or that the value of the capital invested or financial instruments purchased will be equal to or greater than the Member’s original investment if the Member sells its financial instruments or withdraws its capital.
  • 7.3Interested Members are strongly advised to carefully review all relevant investment information provided on the Website, but should in any case consult their own financial and tax advisor regarding the risks and benefits of the financial instruments presented on the Website before making any investment decision.
  • 7.4The Member is aware and acknowledges that AIX Group AG does not provide any tax or legal advice or any other advice in connection with the financial instruments presented.
  • 7.5AIX Group AG and its contractual partners disclaim any liability (including negligence and liability) for direct, indirect, or consequential damages resulting from reliance on this website, in connection with the information, performance data, and other information, links, or other communications contained on the website and in particular in the member area or in connection with the risks of the financial instruments presented on the website or the risks of the financial markets.

8. Termination

  • 8.1Both the Member and AIX Group AG have the right to unilaterally terminate these GTC at any time.
  • 8.2The sections 4 (Confidentiality), 7 (Limitation of Liability), 9 (Miscellaneous Provisions) and 10 (Governing Law and Jurisdiction) of these Terms and Conditions remain valid after the termination of these Terms and Conditions.

9. Miscellaneous Provisions

  • 9.1All communications from AIX Group AG can be made at its discretion by e-mail, mail, or any other means of communication it deems appropriate. Notices by mail or e-mail are considered delivered as soon as they have been sent by AIX Group AG to the last address given by the member or deposited in the relevant member account. The member bears the risk of delay, loss, and falsification for the messages sent to him/her.
  • 9.2All existing and future legal provisions, administrative regulations, and other applicable regulations in the field of financial market services, data protection, money laundering, and operation and use of the Internet, as well as any other regulation, which affects the services of AIX Group AG, are reserved and apply to the provision of services of AIX Group AG from their entry into force.
  • 9.3AIX Group AG can change these GTC at any time. Changes will be announced to members in advance in an appropriate manner. If the member does not agree with the changes, the member can request the deletion of his account. These GTC were last amended on 02.02.2024.
  • 9.4AIX Group AG can change, update or develop its services at any time. Likewise, AIX Group AG may at any time and without prior notice fully or partially discontinue the operation of the member accounts or the access of the member (e.g. if the member no longer meets the requirements of a qualified investor) or for technical or legal reasons (e.g. due to legal or regulatory requirements, on official order or for security reasons) restrict the availability.
  • 9.5Each provision of these GTC shall be interpreted in such a way that it is valid and enforceable under the applicable law. If any material provision of these GTC is unenforceable or invalid under applicable law, such provision shall be deemed severable only to the extent of its unenforceability or invalidity and shall be replaced in all other respects by a valid and enforceable provision that reflects as nearly as possible the legal and economic intent of the invalid provision. The remaining provisions of this contract shall remain binding and in force. The same applies to loopholes in the contract.
  • 9.6The members are prohibited without the prior written consent of AIX Group AG to assign or transfer these GTC or rights and obligations arising from these GTC in whole or in part to third parties. Any assignment or transfer without prior written consent is void.

10. Applicable law and place of jurisdiction

  • 10.1Both the Member and AIX Group AG have the right to unilaterally terminate these GTC at any time. The relationship between AIX Group AG and the Member is governed exclusively by Swiss law, excluding the conflict of laws and any international treaties.
  • 10.2For all disputes arising out of or in connection with the relationship between the Member and AIX Group AG, unless otherwise provided, the courts at the seat of AIX Group AG of Switzerland shall have exclusive jurisdiction.