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IMPORTANT NOTICE AND SPECIFIC TERMS APPLICABLE TO CERTAIN ELECTRONIC SERVICES
PLEASE CAREFULLY READ THE FOLLOWING IMPORTANT NOTICE. BY CLICKING “ACCEPT” YOU ARE CONFIRMING YOUR “FIM STATUS” AND EXPRESSING YOUR ACCEPTANCE OF THE IMPORTANT NOTICE IN YOUR INDIVIDUAL CAPACITY AS WELL ON BEHALF OF THE INDIVIDUAL OR COMPANY YOU REPRESENT.
BY ENTERING THIS SITE, YOU ARE AGREEING THAT YOU HAVE REVIEWED AND AGREED TO THE TERMS CONTAINED HEREIN, INCLUDING ANY LEGAL OR REGULATORY RESTRICTIONS, AND HAVE CONSENTED TO THE COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AS MENTION IN THE SECTION 3. REFERRED TO BELOW.
1. Common terms applicable to FIM Connect platform
Before using the FIM Connect platform service offered by Société Générale Private Banking (“SGPB”), the private banking division of the Société Générale Group operating through its head office within Société Générale S.A. and department, subsidiaries or branches located in various countries, as Société Générale Luxembourg, Société Générale Private Banking Monaco and Société Générale Private Banking Suisse, acting under the “Société Générale Private Banking” and managed by Société Générale Private Wealth Management S.A (“SGPWM”).. he “Platform”) or Application Program Interfaces (each an “API”), you must read and accept this Important Notice.
The Platform is accessible through SGPB web portal and administered by SGPWM.
You must be authorised to access and use the Platform (and the APIs as the case may be) only as a duly authorized person of the financial intermediary in partnership with one of SGPB group entity (the “FIM”) and by SGPWM. If you have not received authorization from the Client and SGPWM to access and use the Platform and the APIs, you must leave the Platform and the APIs immediately. You are solely responsible for any and all costs or expenses associated with your accessing and using the Platform and the APIs.
The Platform and the APIs are provided to you “As IS”. You use the Platform and the APIs at your own risk and you assume full responsibility and risk of loss resulting from your use of, or your access to, Platform and the APIs. SGPB and SGPWM make no representation or warranty of any kind whatsoever, expressed or implied, regarding the Platform and the APIs or the consequences or results of your use of the Platform and the APIs. SGPB and SGPWM disclaim all warranties as to the fitness for a particular purpose of the Platform and the APIs.
You may only use the the Platform and the APIs if you possess the necessary expertise to assess the benefits and the risks of using such services and if you (a) know and comply with the rules of the relevant market and products, whether regulated or not, on which you wish to deal, and (b) clearly understand and are able to assess the merits and the risks of any transaction you purport to enter into using the Platform and the APIs.
The Platform and the APIs are not directed at any person in any jurisdiction where (by reason of that person's nationality, residence or otherwise) the publication, content or availability of the Platform and the APIs are prohibited or would subject SGPB or SGPWM or its parent company or affiliates (collectively, “SG Group”) to any registration requirement within such jurisdiction. Persons in respect of whom such prohibitions apply must not access or use the Platform and the APIs.
The terms and conditions applicable to the use of the Platform and the APIs are composed of (i) the terms and conditions or the SGPWM Electronic Services Agreement (if signed by the FIM), (ii) this Important Notice, (iii) SGPB website Legal Notice, SGPB Cookies Policy and SGPB Security Guidelines displayed on SGPB website, (iv) for certain electronic services offered by SGPB on its website, specific notifications that SGPB requires the FIM to accept, and (v) any other document and information displayed on the Platform, or approved by you, as amended and supplemented from time to time. By approving this Important Notice, you confirm that you have read and agree with these publications.
Your user name and password are strictly confidential and personal to you and must not be disclosed to any other person outside, or within, the company you represent. If you become aware that your user name and password have been disclosed to any other person, you must immediately notify SGPWM in its capacity as administrator of the Platform by emailing contact.FIMconnect@socgen.com.
SGPWM may, in its sole discretion, for any reason, at any time and without either notice or liability, temporarily or permanently cease to operate the Platform or any of the APIs, or any subpart thereof, and/or modify, suspend, restrict or withdraw your access to the Platform or any of the APIs, or any subpart thereof.
All documents and information provided by SGPWM on the Platform and the APIs are confidential, are intended for use only by SGPB’s financial intermediaries and may not be distributed, reproduced, or transferred to anyone without the prior written consent of SGPWM.
The information provided on the Platform and the APIs, or in any communication containing a link to the Platform, is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject SG Group to any registration requirement within such jurisdiction or country.
The Platform and the APIs only provide general information and do not provide any information personalized or tailored to investment objectives, financial situation or needs of the investor. Nothing contained in the Platform or the APIs (in particular, and without limitation, Market Alerts, Structured Products Alerts, newsletters…) constitutes an investment advice or a personal recommendation to any investor or its agent by SG Group to buy or sell, any securities or other financial instruments, or provide any investment advice or service. By accessing the Platform and the APIs, you agree that the information contained in the Platform and the APIs is not advisory in nature and will not be the primary basis of any investment decision. SGPB and SGPWM makes no representation that any securities, other financial instruments or services mentioned or available in the Platform and the APIs are suitable for any investor. SGPWM does not render investment, tax, accounting or legal advice, and therefore you should neither construe any of the Platform and the APIs content as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice, nor make the use of the Platform and the APIs as the primary basis for any of your investment decision. You should consult your business, tax, accounting advisors and legal counsels with regard to any contemplated Transaction to ensure that any such Transaction is suitable to the investment objectives, financial capabilities and needs of the investor. Further, SGPWM’s provision of the information contained in the Platform and the APIs is not an endorsement of you, or the investment strategy that you employ and you agree never to represent it as such. You understand that you should evaluate the information provided in light of the individual circumstances of the investor. Factors which you may consider when determining whether a specific investment is suitable for the investor include his tolerance for risk, financial condition, liquidity needs, overall portfolio asset allocation, etc.
SG Group entities may from time to time, deal, trade in, profit from, hold, act as market-makers or advisers, brokers or bankers in relation to the securities, or derivatives thereof, of persons, firms or entities mentioned in the Platform and the APIs and may be represented on the board of such persons, firms or entities. SG Group entities do, from time to time, act as a principal trader in equities or debt securities that may be referred to in the Platform and the APIs and may hold equity or debt securities positions or related derivatives. Employees of SG Group entities, or individuals connected to them, may from time to time have a position in or hold any of the investments or related investments mentioned in the Platform and the APIs. SGPWM is under no obligation to disclose or take account of the documents published or services offered in the Platform and the APIs when advising or dealing with or on Platform and the APIs may change without notice. In addition, SG may issue research reports that are inconsistent with, and reach different conclusions from, the information presented in parts of the Platform and the APIs and is under no obligation to ensure that such research reports are brought to the attention of any recipient of the documents published or services offered in the Platform and the APIs. You should be aware that SG Group entities may have a conflict of interest that could affect the objectivity of the documents published or services offered in the Platform and the APIs. However, conflicts of interest are identified, prevented and managed in accordance with SGPWM’s conflict of interest policy available at http://sgpwm.societegenerale.com/.
You should contact your salespersons through an SG Group entity qualified in your home jurisdiction, unless applicable law permits otherwise.
The Platform may permit you to communicate electronically with Société Générale Group for certain purposes. Please do not use this facility to attempt notice of any time-sensitive or legally significant event, request or instruction. Société Générale Group assumes no responsibility or liability for any actions taken or any omissions to take action as a result of any such electronic communications. If you have comments or concerns about information contained in the Platform or the APIs, please send an email to ask for further information by emailing contact.FIMconnect@socgen.com.
Before proceeding to the Platform and the APIs, please click “Accept” to indicate you have read and accept this Important Notice. If you do not understand or are unclear about any aspect of this Important Notice, please ask for further information by emailing contact.FIMconnect@socgen.com.
2. Specific Terms applicable to FIM Connect services
THE FOLLOWING SECTIONS OF THE IMPORTANT NOTICE APPLY IN ADDITION TO THE COMMON TERMS OF THE IMPORTANT NOTICE, TO THE EXTENT OF THE ELECTRONIC SERVICES YOU USE EITHER THROUGH THE PLATFORM OR APIS. PLEASE CAREFULLY READ THE RELEVANT SECTIONS ACCORDINGLY.
2.1 FIM Connect
FIM Connect is a platform accessible from SGPB website portal and developed and administered by SGPWM which enables you as FIM, to obtain on-line (i) newsletters, market information and several alerts regarding financial instruments like investment funds and structured products but also webinars or webcasts.
INFORMATION AND DOCUMENTS: (I) ARE INTENDED FOR USE ONLY IN THE COUNTRIES WHERE MOOREA FUND IS REGISTERED FOR DISTRIBUTION
Access to FIM Connect has been granted to you on your request and you acknowledge and agree that you consult such information and documents contained therein at your own discretion and on a non-solicited basis.
You understand that the information on the Platform or the API is provided on an “AS IS” basis and SGPB as well as SGPWM does not warrant the accuracy of the materials provided therein, either expressly or impliedly, for any particular purpose and expressly disclaims to the fullest extent of the law, any and all liability relating to these materials, including, without limitation, any express or implied representations or warranties for statements or errors contained in, and omission from, these materials, all implied or express warranties, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose.
You understand that:
(i) the information contained therein is not a complete analysis of every material fact concerning any company, industry or security and SGPB as well as SGPWM does not undertake to advise you of changes in information or other materials contained therein;
(ii) although opinions and estimates expressed therein reflect the current judgment of SGPB as well as SGPWM, the information upon which such opinions and estimates are based have been obtained from sources considered reliable but are not guaranteed;
(iii) the information contained therein may not reflect events occurring after the date of publication;
(iv) opinions and estimates are subject to change without notice; and
Please refer to the disclaimers contained in each document available on Newsletters, Market Alert, Moorea Fund Alert, and Structured Product Alert.
2.1.1 Specific provisions on FIM Connect Platform
YOU USE FIM CONNECT PLATFORM IN CAPACITY AS FIM AT YOUR OWN RISKS. INFORMATION AND DOCUMENTS AVAILABLE ON FIM CONNECT ARE PRODUCED SOLELY FOR ELIGIBLE COUNTERPARTIES, PROFESSIONAL CLIENTS AND INSTITUTIONAL INVESTORS, AND NOT FOR RETAIL CLIENTS.
In addition to the provisions contained in Section 2.1 above, being specified that “you” or “your” means each FIM’s Authorised User acting on behalf of the FIM he/she represents, and that the terms of Sections 2.1, including Section 2.1.1, will continue to apply as long as you use the Platform:
FIM Connect Platform, available through SGPB webportal or APIs, comprise a range of data and information that endeavor to allow you to screen instruments, market or SGPWM proprietary data, apply models, price strategies and optimize portfolios related to SGPWM financial offerings. Historical or simulated data of key indicators and many modeling capabilities available on FIM Connect platform may allow you, under your sole discretion and responsibility and at your own risk, to better understand the financial markets and assist with making your own trading decisions. SGPWM may also publish indicative prices for financial products through FIM Connect Platform.
The characteristics, functionalities and purpose for which each information and/or documents are/is fit, are contained in the description of each document available in SGPB webportal or APIs and may be amended from time to time by SGPWM at its discretion for any reason.
Subject to the terms and conditions herein, SGPWM hereby grants to the FIM’s Authorised Users a non-exclusive, non-transferable, non-sublicensable right to use the FIM Connect Plateform to which they have been granted access by SGPWM, exclusively for (i) the purpose for which each the FIM Connect Platform is fit and which is contained in the description of each information and document available in the FIM Connect Platform and (ii) an internal use and benefit within the FIM organization ((i) and (ii) together, the “Permitted Purpose”). The FIM is not authorised, without SGPB and/or SGPWM prior written consent, to use the information and documents for any purpose other than the Permitted Purpose, or to disclose all or part of the information and documents to a third party, or to convert, format, reproduce, print, store, display, modify, aggregate, sell or embed in a product or service the information and documents contained therein.. The FIM and the FIM’s Authorised Users further agree that it shall not have any right to create any derivative works based on the information and documents contained therein. SGPB as well as SGPWM will have the right to take all reasonable steps, including auditing in the FIM’s premises, to check that the Permitted Purpose is complied with by the FIM.
The information and documents available on FIM Connect Platform are provided on a royalty-free basis and therefore, (i) SGPB as well as SGPWM retains the right to suspend FIM’s Authorised Users right to use it, at any time and without reason, (ii) the information and documents available on FIM Connect Platform are provided “AS IS”, without any guarantee or indemnity of any kind whatsoever from SGPB and/or SGPWM, and (iii) under Luxembourg law and the exclusive jurisdiction of the courts of Luxembourg-City. Upon suspension of FIM’s Authorised Users right to use FIM Connect Platform for any reason whatsoever, the FIM and the FIM’s Authorised Users agree that they shall, upon written demand from SGPWM, immediately (i) cease to use any and all data they have previously obtained through the use of FIM Connect Platform and (ii) delete and purge such data without prejudice to applicable laws and regulations.
The FIM, through its Authorised Users, declares and warrants to SGPB and to SGPWM that it uses FIM Connect Plateform for the Permitted Purpose, at its own risk, without any advice, guarantee or indemnity of any kind whatsoever from SGPB and SGPWM and under the terms set forth in this Section 2.1, including Section 2.1.1.
No rights to use the information and documents available on FIM Connect Platform are granted hereunder other than those specifically described and expressly granted herein.
The information and documents available on FIM Connect Platform are produced either by (i) SGPWM, or (ii) Société Générale Private Banking.
The information and documents contained on FIM Connect Platform are not intended for use by or targeted to retail customers. they are produced and intended for persons qualified as institutional or professional only according to applicable law. The Information may contain or be based upon contain market information, trading strategies, trade ideas and/or information about SG products or services.
The information and documents contained on FIM Connect Platform are not suitable for all investors. Investors must make their own independent appraisal and seek independent financial, tax, accounting and legal advice (i) regarding the merits and risks of the financial products and on whether the financial products are suitable for them, and (ii) the appropriateness of investing in financial instruments or implementing strategies mentioned in the FIM Connect Platform.
SGPB and SGPWM only publish general information through FIM Connect Platform and not information personalized or tailored to the investment objectives, financial situation or needs of the investor. None of the information or data (including indicative prices) published by SGPB and/or SGPWM through FIM Connect Platform, nor our discussions or actions, constitute an advice (investment or otherwise), a recommendation or an encouragement to submit a trade instruction or to enter into a particular transaction, a representation that any financial product is suitable or appropriate for you (or any third party you may act on behalf of), nor a solicitation or offer by SG to buy, sell or otherwise enter into any financial product.
FIM Connect Platform are not intended to be an offer to buy or sell, or a solicitation of an offer to buy or sell, any securities, security-based swaps or any other product.
The information on FIM Connect Platform are given for purely indicative purposes and have no contractual value.
To the maximum extent possible by law, SGPB and SGPWM does not accept any liability arising from the use of FIM Connect Platform and makes no representation as to the accuracy, fitness for a particular purpose or completeness of the information and documents contained on FIM Connect Platform.
3. SGPWM’s privacy policy
By connecting below, you also acknowledge that you have read and accepted the SGPWM's privacy policy: https://sgpwm.societegenerale.com/en/tools/data-policy/data-protection/
The information and documents contained in FIM Connect are based on a SGPWM internal and proprietary models and/or SGPWM’s trade and position data on which SGPWM gives no warranty. Such models may have been built using historical market data which may be limited in scope either produced by Société Générale group or purchased from market data providers.
The accuracy, completeness or relevance of the information which have been drawn from external sources is not guaranteed although it is drawn from sources reasonably believed to be reliable. Subject to any applicable law, SGPWM shall not assume any liability in this respect.
The information and documents available on FIM Connect may comprise indicative prices for financial products, which (i) may not give an accurate reflection of current market conditions and may be different from those at which Client can trade with SGPWM and (ii) are not binding on SGPWM. If you want a firm quote, you should contact your usual salespersons through an SG Group entity qualified in your home jurisdiction, unless applicable law permits otherwise.
FIM Connect may contain market information, in which case they are based on data at a given moment and may change from time to time.
FIM Connect may display calculations based solely on SGPWM’s own principal trading and positions that may not represent the market or another consensus of third parties’ market opinions.
FIM Connect may display simulated past performance and/or actual past performance. Figures related to simulated past performance and/or actual past performance refer or relate to past periods and are not a reliable indicator of future results. This also applies to historical market data.
FIM Connect may display hypothetical or simulated future performance. Figures related to hypothetical or simulated future performance are a forecast and are not a reliable indicator of future results.
Figures related to the performance may increase or decrease as a result of currency fluctuations or may be reduced by the effect of commissions, fees, taxes or other charges borne by a potential investor.
When the underlying instrument(s) is/are quoted and/or expressed in a foreign currency and/or, in the case of an index or an asset basket, contain(s) components expressed and/or quoted in one or several foreign currency(ies), the value of the financial instrument may increase or decrease as a result of the value of such currency(ies) against the euro or any other currency (i.e. currency exchange rate) in which the financial instrument are expressed, unless the financial instrument include a currency exchange guarantee.
The underlying instruments presented on FIM Connect may not be authorised to be marketed in all jurisdictions. The information and documents available on FIM Connect do not constitute an offer, or an invitation to make an offer, to subscribe to or purchase the underlying instruments in such countries.
Investments in general and derivatives in particular, involve numerous risks, including, among others, market, counterparty default and liquidity risk. Trading in options involves additional risks and is not suitable for all investors. An option may become worthless by its expiration date, as it is a depreciating asset. Option ownership could result in significant loss or gain, especially for options of unhedged positions. Prior to buying or selling an option, investors must review the "Characteristics and Risks of Standardized Options" at www.optionsclearing.com/about/publications/character-risks.jsp or from your SG representative.
An investment in investment funds, as with all securities and comparable financial assets, carries the risk of capital or currency losses. Consequently, the unit price and the yield are variable and cannot be guaranteed. The costs of a fund investment have an effect on the actual profit. No guarantee can be given that the investment objectives will be achieved. The statutory sales documents (Key Investor Information Document, sales prospectuses and reports) provide detailed information on potential risks and form the sole legal basis for a purchase of units. These documents can be obtained free of charge from the management company, SGPWM on sgpwm.societegenerale.com, the custodian bank, as well as the relevant national paying and information agents. These are:
the full prospectus of the sub-fund, the KIID, the periodic reports, the annual financial statements as well as the articles of association. The Key Investor Information Document should be read before making any investment decision.