A. General conditions
These terms and conditions of Club Estate AG, Huobstrasse 10, 8808 Pfäffikon/SZ, Switzerland (hereinafter Club Estate), regulate the conditions of use, and the rights and obligations of users related to the use of the website www.clubestate.com and consequently all subdomains (hereinafter referred to as the “Website”).
If the User does not agree to be bound by the Terms and Conditions set forth below, it shall refrain from accessing the Website or any of its pages.
The personal data processing of users of the website is under strict observance of data protection regulations. More information can be found under the provision on data protection. The provision on data protection are an integral part of the present terms and conditions of use of the website.
The services of Club Estate consists in bringing together real estate offers from third-party sponsors with qualified investors.
Club Estate is protected by copyright for all the information contained on the website and for the existing documents and data linked to the use of the Website. The user is not allowed to reproduce or to modify any information contained on the website or any relevant document and data linked to the use of the Website. The user shall use the documents such as image material, information about the properties, contracts, etc. exclusively for the purpose of of evaluating a potential investment. The contracts and other documents may not be reproduced, modified or otherwise processed. Club Estate remains the sole owner of the copyrights and rights of use at any time. Co-investments can only be executed by qualified investors (i) for their own private investment or (ii) on behalf of a third party for their private investment based on a power of attorney or (iii) on behalf of a legal person for the purpose of the investments of the legal person concerned based on a power of attorney. It is not permitted to acquire for the purpose of resale to third parties. Access to the Website may be restricted at any time due to technical maintenance or security reasons. Users may not derive any claim from such restrictions.
The use of the Website requires a user registration and the agreement to the present terms and conditions of use of the Website and to the provision on data protection. Any claim on the use of Club Estate services is excluded. Any registration by, and use of the Website is only open to qualified investors – (I) natural persons over 18, and (II) duly incorporated legal entities. Membership is personal and not transferable. Users may not provide their user account to third parties. Each user may only have one user account. Once an account is created, the user has to pass the accreditation process. Accreditation may be rejected without indication of grounds. The User undertakes not to acquire the real estate mentioned in the project without using Club Estate’s platform nor to contact the seller directly to that effect.
Any warranty and liability of Club Estate, their directors and employees is excluded, to the extent permitted by law.
The data and information contained on this Website are provided without guarantee. That information gives only a brief overview of the documents and data provided by the sponsor for every deal. It is neither an advertisement addressed to potential investors nor an offer, nor a recommendation to purchase. Any liability of Club Estate for possible mistakes, errors and omissions on this website or in other written or oral information is excluded to the extent permitted by law. Moreover, Club Estate is not liable for the accuracy and completeness of the documents provided by the sponsor of the deal and the information contained therein. Any interested party is responsible for the verification of the documents provided. Club Estate does not provide financial, tax or legal advice to the User. The User shall remain liable for its tax obligations (or any other legal obligations) associated with the investment he/she/it makes. Club Estate shall not accept any liability in this respect. Club Estate hereby recommends that the User consults a legal, financial and/or tax advisor within its tax jurisdiction. If nevertheless such information were provided or warranty were given, it can then be assumed that these have not been approved. Commission claims by third parties are excluded.
E. No investment advice and no recommendation
Neither any information nor any opinion expressed in this Website constitutes a solicitation or recommendation to enter into any transactions, or to conclude any legal act of any kind whatsoever. The content of information, graphics, reports and all the data contained on the Website is supplied for information purposes only and is subject to change. Certain information on the Website has been obtained from sources outside of Club Estate. While such information is believed to be reliable for the purposes used herein, no representations are made as to the accuracy or completeness thereof, and Club Estate takes no responsibility for such information. Club Estate is not responsible for the User’s investment decisions. Any investment is speculative in nature and can involve the risk of loss of one’s entire investment. Nothing contained on the Website should be construed as an investment recommendation. The User should carefully evaluate his own financial and tax position before making any investments. Club Estate does not perform any verification of the appropriateness of a transaction made by the User. Club Estate does not act as a sponsor of any project. The sponsor is always a third party that submitted a project to Club Estate. You acknowledge that you are not relying on Club Estate or any of its affiliates in making an investment decision. Always consider seeking the advice of a qualified professional before making decisions regarding your investments. Club Estate does not endorse any investments and shall not be responsible in any way for any transactions you enter into with other users. You agree that Club Estate and its affiliates will not be liable for any loss or damages of any sort incurred as the result of any interactions between you and other users. Also note that Club Estate does not form opinions of the opportunities. Club Estate rather screens offerings according to investor preferences and objective criteria. Club Estate is only the platform operator. Club Estate’s role is limited to bringing together supply and demand of Real Estate Co-Investments in a timely manner. The content, documents, contracts and data made available by Club Estate on the website constitute neither an invitation nor a recommendation to conclude a legal transaction.
Club Estate does not accept or retain any public deposits or other third-party assets in connection with the Services. Furthermore, Club Estate AG does not provide any services in connection with the management, safekeeping and distribution of collective investment schemes. Club Estate is not subject to the supervision of the Swiss Financial Market Supervisory Authority (FINMA).
On the Website, no information concerning the Users’ or investors’ tax obligations is provided. Each User or investor is directly responsible for the correct taxation of his own investments. With the sale of real estate taxes are also due and can vary depending on the legal form, location of the property and holding period. These tax obligations should be precisely clarified by each investor with their tax advisors before entering into a transaction.
This website may contain statements about future financial and operating results and other developments and forecasts, all of which are forward-looking or subjective assessments. All of these statements are based upon estimates, assumptions and presumptions that Club Estate considers appropriate at this stage. Due to a number of uncertainties, risks and other factors, the expectations could differ materially from the actual results. Properties may be subject to significant fluctuations and unforeseeable risks. In extreme cases, even an entire loss of the investment is not excluded. Before deciding for an investment in a property based on available documents, we recommend that you become familiar with the risks of real estate investment. You will find more information about risks in the footer of our website, under the title Risk factors.
I. Place of jurisdiction and applicable law
Use of the Website shall be subject to Swiss substantive law, which shall exclusively govern the interpretation, application and effect of all the conditions of use set out above, without regard to its conflict of laws provision. The courts of Zurich, Switzerland shall have exclusive jurisdiction over all claims or disputes arising out of or in connection with the Site and its use.