At present services provided within the website are only available for natural persons.
The website is directed exclusively at or intended for users residing or domiciled in Switzerland.
The Website is not intended for Users who are subject to a legal system that prohibits publication of or access to the information on the Website due to geo-political restrictions (e.g., USA, Canada, Japan, China, Singapore, etc.) or due to restrictions for other reasons. If such restrictions apply to you, you are prohibited from accessing the website and requested to leave the website immediately. In particular, the information on this website is not directed at, and its content is not intended for use by or distribution to “U.S. Persons” within the meaning of the United States Act of 1933, as amended, and the United States Securities Exchange Act of 1934, as amended, or persons resident in the United States of America.
radicant processes your personal data according to radicant’s Data Protection Notice available as updated from time to time.
You can print or download these terms at any time.
1. Acceptance of and amendments to these terms
a) By accessing the website or signing-up to certain services, you agree to have read, understood and to be bound by these terms. You hereby represent and warrant that you can enter and perform legal agreements on your own behalf.
b) These terms, other legal notices and all information on the website may be changed at any time without prior notice. Changes will be published on the website. If you do not agree to one or more of the changes, you must refrain from accessing the website. Continued access to the website following any modification in these terms or other legal notices will constitute your acceptance of the terms and legal notices as modified.
2. Registration/sign-up and account
a) Membership to the community requires acceptance of the community’s guidelines as well as your registration. During the registration process, you will be asked to provide certain personal information required by radicant in order to perform its services under these terms and to comply with regulatory requirements. You undertake to only enter accurate and complete information and warrant and represent: (i) to be domiciled or resident in Switzerland and (ii) not to be a person with an U.S. nexus.
b) Subject to sub-paragraph c), radicant will, upon provision of the required information and your acceptance of the respective terms, provide you with a community user account (“account”). Thereafter, you will be able to login to that account by entering a username and password.
c) Where during the registration or sign-up process several options to use the services are offered, you must, in addition to accepting the respective terms, choose one of the offered options during the registration/sign-up.
d) You undertake to keep the username and the password confidential and secure and to take appropriate technical and organizational measures to prevent disclosure of the username and password to unauthorized third parties. You acknowledge that the account is personal and that you will be solely responsible for any use, including misuse or misappropriation, of the username and the password. If you know or suspect any unauthorized use of your account, you are obliged to immediately inform radicant thereof and to undertake all suitable and appropriate measures to mitigate any adverse effects on other users, radicant, the website or the services (e.g., by resetting the password).
e) Without limitation to section 3 (e) below, in case of any misappropriation or misuse of the account or your username or password, radicant reserves the right to suspend or disable the account temporarily or permanently, as necessary and determined at radicant’s discretion.
3. Use of the website, services and content
a) The Website, its text, graphics, interactive features, logos, photographs, videos, software and any other content or materials (collectively, the "Content") are not intended for use by or distribution to users located and/or residing outside of Switzerland.
b) Except as explicitly provided for in these terms, radicant does not transfer, assign or grant any rights, title or interest in and to the website and its services, including, without limitation, its content. radicant grants the user a non-exclusive, revocable, non-transferrable, non-sublicensable right to use the website, its services and its content limited to the extent necessary to access the website and make use of the services in accordance with these terms.
c) radicant will not treat users of its website as their clients by virtue of access to the website. If You would like to become a client of radicant, you must complete the onboarding process within the radicant app, as well as enter into a separate agreement between you and radicant in accordance with the terms and conditions applicable to banking and investment services provided by radicant.
d) You agree not to sell, license, copy, record, modify, publicly perform, or display, transmit, publish or reproduce, including republication on another website, edit, adapt, create derivative works of or, by the use of automated systems, systematically extract data from the website, the services or the content (with exception to content that is the user’s propriety). If you record, download, or otherwise copy the website, the services or the content for personal or non-commercial use, you must retain all copyright, trademark, or other proprietary notices.
e) You hereby represent and warrant not to:
i) use the sebsite, services and content for any purpose other than to access the services and content as offered by radicant;
ii) bypass, disable or otherwise interfere with security related features of the services or features that prevent, limit or restrict access to the website and/or the use of re-production of any content;
iii) delete or modify notices regarding copyright or other proprietary rights on any of the content or services;
iv) use the services if and to the extent this is illegal or for any illegal purpose under Swiss laws and regulations and the jurisdiction you or the respective activity is subject to;
v) collect personal information about other users or third parties without radicant’s explicit consent;
vi) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code in any of the content, website or the services; and
vii) interfere with or damage the operation of the services or any user’s enjoyment of them by any means, including uploading or otherwise disseminating viruses, spyware, worms, or other malicious code.
f) radicant reserves the right to suspend, discontinue or modify any aspect of the website and services at any time, including the right to discontinue fully or partially the display of any content or linked or embedded content, and to prevent access to the website, the services, or any content from specific territories (geo-blocking).
4. Intellectual property
All information and content on the website are under copyrights of radicant or third parties, unless stated otherwise.
No information or content on this website shall be construed as granting any license or right to use any trademark, logo, image or other content protected by any intellectual property rights. Downloading, copying or printing individual pages and/or parts of the website is allowed for personal use only, and will not transfer title to any software or material on the website to you.
Any reproduction, re-publication or distribution of the content requires the explicit consent of radicant.
5. Service Fees
radicant offers its services, except banking and investment services (according to the service-related terms and conditions), free of charge.
Where third parties offer services through the website, the respective service fees, payment, renewal, and termination terms of the third-party provider apply.
6. Content, including Financial Instruments Information (Financial Information)
a) Any information, functionalities and material provided by radicant on the Website and in provision of its services (e.g., community, banking and investment services) as well as any other information provided by radicant, you, or third parties (collectively “Information”) as well as information concerning financial instruments (Financial Information) are provided for information purposes only.
To the extent required under applicable laws and regulations, any advertising of financial services and instruments according to the Swiss Financial Service Act (FINSA) will be separated from other information and will be clearly indicated to you. While radicant strives to keep the content current and accurate, radicant is not responsible for the results achieved through your reliance on or use of the content, nor for the assessment whether the financial instruments shown are approved for the promotion of sale or the related performance of financial instruments.
radicant is not responsible for any errors or omissions, including forward-looking statements. While these forward-looking statements may represent radicant’s judgment and future expectations, risks, uncertainties, and other important factors could cause actual developments and results to differ materially from radicant’s expectations. radicant is under no obligation to update or alter its forward-looking statements whether because of new information, future events, or otherwise.
Any published investment information is subject to change and may be amended or adapted at any time.
b) Any investment information provided does not constitute an invitation, investment recommendation, an offer, a solicitation to buy/sell financial or investment instruments of any kind or to carry out any transactions or to enter into any legal agreement. Neither the investment information nor the services provided on the website by third parties or by radicant constitute a financial service or instrument (or an offer related thereto), according to FINSA. radicant does not provide any personal recommendations on transactions with financial instruments (investment advice) through its website. At the same time, investment information provided by third parties and/or users on the website or community does not constitute investment advice either.
c) The opinions and assessments by radicant reflect the view of radicant at the time of publication and do not constitute individual investment, legal or tax advice.
d) You remain responsible for obtaining sufficient information about specific investment products. In particular, you should not make any (investment) decision solely based on the financial information available. Investments in financial instruments should only be made after having assessed in detail all relevant information available of such financial instrument with all legal information contained therein (e.g., prospectus, key information document, annual or semi-annual report, etc.).
e) Investments in financial instruments may be speculative and result in both losses as well as gains. You are aware of these risks. radicant has no knowledge whatsoever of your specific investment objectives, your respective risk profile, your personal financial situation, or specific needs. In particular, the financial information provided is in no event tailored to or oriented towards individual users. Hence, you must carefully consider your own financial situation and, in any case, consult your own financial advisor or bank about your financial situation prior to making any investment decision or engaging in transactions involving financial instruments.
f) The value of financial instruments can rise and fall at any time. The future performance of financial instruments cannot be derived from the historical development shown. For this reason, good performance in the past is no guarantee of positive performance in the future. Investments in foreign currencies may be subject to currency fluctuations and thus entail higher risks. Accordingly, radicant can neither guarantee nor warrant and represent the preservation (or even the increase) of the published values.
g) The website may contain estimates or statements. Although these statements reflect the views and future expectations of the respective providers of the financial information and/or users, several risks, uncertainties and other factors could cause actual development and results to differ materially from these statements. radicant is not obliged (and expressly disclaims any such obligation) to update or alter any such statements, whether because of new information, future events or otherwise and does not warrant or represent the accuracy, timeliness, reliability or completeness of these statements.
h) radicant does not endorse statements of users in the community regarding financial instruments or their publishers prior or after their publication in the community as to their accuracy, timeliness, reliability, or completeness. radicant assumes no responsibility for these statements.
i) Any reference to any third-party products and services is for information purposes only. No representation or warranty, either expressed or implied, is provided in relation to the accuracy, completeness or reliability of such information or the availability or eligibility of such services and products.
7. User-generated content and partner-generated content
a) You may post, upload, or otherwise contribute content (inter alia pictures, text, and ratings) (collectively, the “user-generated content”). You hereby irrevocably grant radicant a non-exclusive, worldwide, perpetual, royalty-free, unrestricted, sublicensable, and transferrable right to such user-generated content. Where applicable, you waive (or, where such moral rights are vested in third persons, to cause these persons to waive) any and all moral rights to user-generated content and, where such waiver is not permissible under applicable law, to refrain (or to cause the third persons in which such moral rights are vested to refrain) from asserting any such rights against radicant (including without limitation its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors).
b) You represent and warrant (i) to own or have all rights, title and interest in such user-generated content required for the contribution to and further use on the website and required to grant the rights as specified under paragraph a); (ii) that the user-generated content does not violate any third-party rights (including, without limitation, personality rights, name rights, trade secrets and intellectual property rights pertaining to, inter alia, trademarks, patents, designs, copyright and know-how); (iii) that the user-generated content is not obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that is deemed a criminal offence; and (iv) that the user-generated content complies with applicable law, including, without limitation, laws on unfair competition, intellectual property (including, without limitation, laws on trademarks, patents, designs and copyright), personality rights and data protection.
c) User-generated content is beyond the control of radicant, therefore no responsibility or liability is assumed for correctness, completeness and legality of such content and any offers of third-party services. radicant does not review or monitor the user-generated content and you and the respective other users are solely responsible for the user-generated content. This paragraph (c) applies accordingly to content posted, uploaded, or otherwise contributed to the website by radicants’ partners or via external links and third-party websites as specified in Section 11.
d) radicant reserves the right, but is not obliged, to remove user-generated content from the website temporarily or permanently where radicant has reason to believe, in its sole discretion, that the user-generated content violates these terms, the community guidelines, applicable law or third-party rights or where such violation is established.
e) You shall fully indemnify, defend and hold harmless radicant (including without limitation its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors) from and against all damages, losses, expenses or other costs incurred (including reasonable attorney fees) arising out of any claims or threatened claims by third-parties based on the allegation that user-generated content violates their rights, applicable law or your obligations under this section.
f) The same provisions apply to partner-generated content.
8. No warranty, service limitations and modifications
a) radicant makes no representation or warranty that the information on the website is up to date, correct or complete. Hence, the published Information is preliminary and non-binding. radicant is not obligated to remove Information from the website that is no longer current or to expressly mark it as such.
b) radicant does not warrant that access to the website or individual functions of the website will run without interruptions or errors, that errors will be corrected or that no viruses or other malware will be transmitted when accessing the website.
c) radicant provides the website and the Services “as is” and “as available” to the extent permitted by applicable law. For example, and without limitation to the foregoing, radicant may temporarily interrupt, suspend, or modify the website or services to carry out maintenance work, implement updates or releases, improve the website and the services or to comply with applicable law.
d) Without limitation radicant does not, explicitly or implied, make any representations or warranties with regard to the website and the services as to (i) fitness for a particular purpose or certain functionalities; (ii) delays, interruptions, errors or omissions in the services, particularly in any unannounced suspension of the services, (iii) the transmission or delivery of the services; (iv) accuracy, completeness or compliance with any laws applicable to information or data provided by third parties; or (vi) other warranties relating to performance, non-performance or other acts or omissions of radicant (including without limitation its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers or licensors).
9. Limitation of Liability
a) To the extent legally permitted, radicant excludes all liability arising from access to information on the website or links to third party websites or arising because the access is not possible.
b) radicant shall not be liable for any direct and indirect losses, costs or consequential damages incurred by you (such as loss of profits, failures to increase the value of any portfolio, lost chances, or loss of data). This exclusion of liability shall also apply to any damage resulting from third parties having manipulated the website. In addition, radicant excludes any liability for manipulation of your computer systems by third parties.
c) radicant shall not be liable for any acts or omissions of its subcontractors. radicant shall further not be liable for any delays or failures caused by circumstances beyond its reasonable control, including, without limitations, acts of god, acts of civil or military authorities, pandemic, epidemic, fires, floods, and earthquakes.
a) Notwithstanding anything to the contrary in these terms and without limitation to your indemnification obligation under section 7 (e), You shall indemnify, defend and hold harmless radicant from and against any damages, losses, expenses or other costs incurred (including reasonable attorney fees) arising out of any claims or threatened claims by third parties in connection with Your breach of any representation or warranty under these Terms.
b) radicant reserves the right, at your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify radicant in accordance with these terms, and You herewith agree to cooperate with radicant’s defence of these claims.
11. Third Party Websites/ Links
b) Apart from linking third-party services on the website, radicant does not provide any additional services on behalf of the Users vis-à-vis third parties. The decision whether a third party offers any third-party services to a radicant User lies exclusively with respective third party, but never with radicant.
c) Access and use of third-party services, including the information, materials, products, and services on or available through third-party services is solely at Your own risk and in accordance with the third party’s own terms and conditions. Third-party services providers whose websites are linked on the website are exclusively responsible for complying with any laws and regulations applicable to their services provided / products offered on their websites. radicant disclaims any liability for any potential offers made / services provided by respective third parties.
d) Prior approval must be obtained from radicant to link a third-party website to the website.
12. Suspension and Termination
radicant shall be entitled at any time and without prior notice to suspend or permanently disable your access to the website and the wervices, including, without limitation, in the event of your actual or suspected unauthorized use of the website and/or the services.
If this occurs:
i) You shall cease to use the services immediately;
ii) any licenses granted by radicant to you shall cease and fall back to radicant immediately; and
iii) any provision of these Terms that, expressly or by nature, survives suspension or termination shall remain in force.
radicant shall not be liable for any damages, losses, expenses, or costs incurred by you as a result or in connection with a termination or suspension.
13. Governing Law and Jurisdiction
a) These Terms shall be construed under and governed by the substantive laws of Switzerland exclusively, excluding the provisions of international private law and other conflict of laws. In case of any dispute arising out of or in connection with these terms, the competent courts of the city of Zurich, Switzerland, shall have exclusive jurisdiction if no mandatory statutory provisions provide otherwise.
The website and services are aimed exclusively at users residing or domiciled in Switzerland. However, should a relationship be established with a user domiciled abroad, the aforementioned choice of law applies, and Zurich is the place of jurisdiction. However, radicant reserves the right to institute proceedings against you at your place of habitual residence or domicile or before any other competent court.
b) The preceding choice of law and jurisdiction shall not apply if and to the extent that you
i) are a consumer and (ii) are entitled to invoke the application of another law and/or the jurisdiction of another court by virtue of mandatory law.
14.1. Notices and Contact
Unless otherwise explicitly stated in these terms, your notices to radicant under these Terms, shall be in English or German and be sent to the following e-mail address: email@example.com. radicant not accept orders, cancellations of orders, payment, blocking of account or credit cards or any other instructions via the above e-mail address.
If You need support concerning products or banking and investment yervices provided by radicant you should contact us at firstname.lastname@example.org or call the dedicated phone number.
You may not assign any or all rights and obligations under these terms without the prior written consent of radicant, but nothing in these terms shall restrict radicant from assigning any or all rights and obligations under these terms to any third party or any affiliate of radicant.
14.3. Entire Agreement
These Terms shall constitute the entire understanding of the parties as to its subject matter and shall replace any prior agreements. Both Parties agree that no oral or written side agreements regarding the subject matter of these Terms exist.
14.4. No waiver and no warranty
Failure or delay in exercising any right or remedy by radicant under these Terms shall not constitute a waiver of such (or any other) right or remedy by radicant. Unless expressly stated in these Terms, nothing shall amount to any representation or warranty of radicant in connection to provision of the website and services.
If one or several provisions of these Terms would be invalid, incomplete, or void, this shall not affect the validity of its remaining provisions. In place of the invalid/void provision, such a provision that comes closest to the purpose intended by the invalid/void provision shall take effect. This shall also apply to fulfilling any gaps in the agreement.
28. April 2023