General Terms And Conditions

Holistik SA is a Swiss-based firm with Swiss and international tax and law expertise dedicated to bringing high-level consulting on wealth planning to private and corporate clients, in all fields of financial planning, pension structuring, and relocation, including regulations on sustainability and blockchain.

Holistik – Wealth Planning is a limited company under Swiss law, registered in Geneva commercial register under no. CHE-430.331.449, in FINMA (Swiss financial regulatory authority) under number xxxxx (registration in progress), a member of the Swiss Association of Independent Financial Advisors (GSCGI) and the The International Fiscal Association (IFA).

Clients look for personal, individual and targeted services: legal and tax assistance geared to practical solutions. And they expect us to know and understand not only our own business, but theirs as well. Our advice always revolves around the personal and business objectives of our clients. As an entrepreneur-led and independent firm, our aim is to help them reach their goals.

Introduction 

Holistik SA (hereafter “Holistik”) offers on its website (hereinafter “the website”) consulting services on legal and tax matters in the field of financial planning for private and corporate clients. The accessing and use of the website are governed by the Terms and Conditions set out herein.

These general terms and conditions govern your use of this website; by accessing and using the website, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions. Furthermore, you accept that Holistik may, at any time and without any prior notice requirement, alter the Terms and Conditions. If you do not agree to the Terms and Conditions or any part thereof, do not access or use the website in any way whatsoever. 

These Terms and Conditions shall be supplemented by any and all special agreements applying in connection with a service offered by Holistik where you or your representative (hereinafter “you”) act in a capacity as contracting party. Nevertheless, in the event of any conflict, the provisions contained in any such special agreement shall prevail.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Holistik’s use of cookies in accordance with the terms of Holistik’s privacy policy.

License to use Website

The website is the exclusive property of Holistik, whose proprietary rights shall not be altered in any way by any reproduction or use of the website. Subject to the license below, all these intellectual property rights are reserved.

The content and layout of the website of Holistik are protected by copyright (all rights reserved) and other intellectual property rights, held by Holistik and/or the information providers with whom Holistik operates (hereinafter “third party information providers”).

Information provided on the website may only be downloaded, printed or otherwise reproduced – for personal, non-commercial purposes – provided that the copyright notes and other statutory proprietary designations are retained. You do not acquire rights by reproducing or copying in any way information available on the website; all rights are retained by Holistik. In addition, subject to the restrictions set out below and elsewhere in these terms and conditions,

You must not:

  • Republish material from this website (including republication on another website);
  • Sell, rent or sub-license material from the website
  • Use anywhere other than on the website and from copying in any way whatsoever software or any other tools available on the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy in whole or in part, transmit by electronic or any other means, or otherwise exploit material on this website for public or commercial purposes without Holistik ‘s prior written approval;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website, except for content specifically and expressly made available for redistribution;
  • Set up links, e.g. in the form of hyperlinks or inline links, to this website, to frame it, or to access it through inline links or through a frame, without Holistik ‘s prior written approval.

® Holistik, and the Holistik logo in particular are trademarks of Holistik. Other verbal and/or graphic elements featuring on the website and used to identify the origin of a product or service may be the trademarks of their respective owners, for example the trademark of one of Holistik’s commercial partners. These trademarks may not be reproduced or used without the prior permission of their owners.

Acceptable Use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Holistik’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Holistik’s express written consent.

No Warranties nor Offer/Advice

All the information provided, in particular the opinions, case results and technical analyses published on the website, transmitted to you or obtained via Holistik, is provided for information purposes only and should in no event be construed as an offer, a piece of advice or a recommendation to buy or sell a particular service or product or to engage in any transaction whatsoever.

All of the decisions you take shall be based exclusively on your own assessment of your financial situation and your personal goals, as well as on your own personal interpretation of the information available, in particular the opinions, case results and technical analyses published on the website, transmitted to you or obtained via Holistik. You are solely responsible for such decisions.

This website is provided “as is” without any representations or warranties, express or implied. Holistik makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Holistik does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Limitations of liability

Holistik will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

To the maximum extent permitted by current laws and/or regulations, Holistik, including its directors, agents, employees, sub-contractors and its sales partners disclaim any and all liability for losses or damage of any kind whatsoever arising directly or indirectly as a result of (1) the data, information, accuracy, completeness or otherwise of the content of any links of third party content; (2) any errors in or omissions from the site; (3) use of or access to the site; (4) any liability to access or use the website for any reason.

To the full extent permitted by current laws and/or regulations, Holistik shall not be liable for any (1) loss of profit or revenue or savings or other economic loss, (2) loss of contracts or business relationships, (3) loss of, corruption of information, or damage to data, (4) loss of reputation or goodwill, (5) incidental or special loss, (6) wasted or lost management time, or (7) indirect or consequential loss arising from use of or access to the site, even if advised of the possibility of any such loss or damage or if such loss or damage was foreseeable.

Disclaimer of Warranty

Holistik and third-party information providers pay particular attention to the preparation and update status of the data provided. Any data, including but not limited to tax and legal data, quotes, notices, research or other financial information accessible through this website, has been obtained from carefully selected sources believed to be reliable.

Nevertheless, they do not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the information published on the website, transmitted to you or obtained via selection or decision-making tools. In addition, real time information is obtained from what is believed to be a reliable source but cannot be guaranteed.

The information and opinions in the website are descriptive of Holistik as a whole and the services described may not be available to or suitable for all clients. The fact that a user accesses the website does not make him a client of Holistik.

Furthermore, information and opinions may be changed at any time without any prior notice being required.

You accept that, as a limited entity, Holistik has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Holistik’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Holistik’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Holistik.

Links

The activation of certain links on the website may cause you to leave the Holistik website. Holistik does not review any of these linked websites and does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these sites, nor shall it be in any way responsible for the products, services, information and other content offered via these linked sites. The same applies to websites offering links to Holistik’s website.

Furthermore, prior written approval must always be obtained before a link from an external site to Holistik’s website can be created.

Other Parties

You accept that, as a limited entity, Holistik has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Holistik’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Holistik’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Holistik.

Confidentiality and Encryption

Holistik uses the email services and IT infrastructure of Infomaniak (www.infomaniak.com/en), an independent company with data centres based exclusively in Switzerland. As one of the main IT service providers, the company indicates to maintain end-to-end control over the design and management of the infrastructures and software for optimum guarantees of security and confidentiality.

Your attention is drawn to the fact that the data exchanged between yourself and Holistik is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Switzerland’s borders, even if both yourself and Holistik are located in Switzerland. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted.

Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption logarithms. In no event shall Holistik be responsible for any violations of measures governing the importing, exporting or use of encryption logarithms. You alone shall be responsible in the event of any such violation.

Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail or SMS, is in principle not encrypted and may be intercepted.

Data transfer / processing

When you access the website, your Internet browser automatically transfers data to our web server for technical reasons. This relates to items including the date and time of the access, the URL of the web site sending the information, the files called up, browser type and version, and your IP address. This data is stored separately from other data that you input as part of your use of our offering. We are not able to allocate this data to a specific person. It is only analysed for statistical purposes and is then deleted.

As a rule, it is not necessary for you to input personal data to use our web site. However, in exceptional cases may be required so that Holistik can provide its services. This relates, in particular, to the input of personal data on registration pages or the use of subscription services. You may be asked to provide your express permission in the corresponding place on our web site. 

We observe the principles of purpose-related data processing and only collect, process and store your personal data for the purposes of which you have informed us.

For more information on Holistik Data privacy policies, please read carefully our “FADP Data Privacy Notice”.

Unenforceable Provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Holistik and undertake to keep Holistik indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Holistik to a third party in settlement of a claim or dispute on the advice of Holistik’s legal advisers) incurred or suffered by Holistik arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Compliance to the General Terms and Conditions

These General Terms and Conditions constitute the entire agreement between you and Holistik in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Holistik may revise these General Terms and Conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Without prejudice to Holistik’s other rights under these General Terms and Conditions, if you breach these General Terms and Conditions in any way, Holistik may take such action as Holistik deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Holistik may transfer, sub-contract or otherwise deal with Holistik’s rights and/or obligations under these general terms and conditions without notifying you or obtaining your consent.

Law and Jurisdiction

In the event of one of the Terms and Conditions being void, cancelled or rendered otherwise invalid, the validity of the remaining Terms and Conditions shall not be affected or impaired. In all other instances, the Terms and Conditions as well as the use of the website are exclusively governed by and construed in accordance with Swiss law.

The sole place of jurisdiction for all disputes arising out of or in connection with the Terms and Conditions stipulated herein and/or the use of the website is the canton of Geneva, Switzerland.


Holistik nevertheless reserves the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.