Bosko Holdings AG

Disclaimer 2024

Please read the following terms thoroughly. Having received these terms, by continuing to use Bosko Holding AG´s Deal Flow Services as defined below, or by using or distributing any information received thereby, You agree and are held to have expressly accepted and consented to these terms.
Bosko here and hereinafter refers to Bosko Holding AG, a company incorporated under the laws of Switzerland with the business identity code CHE-485.453.961.

Bosko ´s main task is to assist companies that need financing (hereinafter Clients) in finding suitable providers of finance or financing services (hereinafter Providers). Bosko’s services that relate to this main task may be called Finance Consulting Services.
Bosko also helps Providers to find suitable clients. This is Bosko ‘s secondary task. Bosko’s services that relate to this secondary task are hereinafter referred to as of Bosko´s Deal Flow Services.

These terms apply to Bosko’s Deal Flow Services. Terms that concern Bosko’s Finance Consulting Services are agreed upon separately between Bosko and its Clients.

Bosko does not finance Clients out of its own assets, nor does Bosko provide any other type of in-house financing. Bosko does not make financing decisions on behalf of, or in the name of Clients or Providers. Nor does Bosko administer funds for nor funds of Clients or Providers.
Bosko is not supervised by the Financial Supervisory Authority or any other similar authority supervising the financial sector. In this situation, Bosko does not have the authority to offer or produce, by itself, any financial services that by law require authorizations given by financial authorities such as, for example, Investment Services regulated by the law regarding Investment Services. Bosko serves several Investment Services Companies and may therefore not act as a tied agent to any single Investment Services Company. Bosko may use subcontractors for producing its Deal Flow Services.

Anyone who uses the Deal Flow Services (hereinafter User) is responsible for using the Deal Flow Services and information obtained thereby, only in compliance with laws and regulations, taking into consideration Bosko’s legal position, as well as the User’s own authorizations and positions, as well as the local jurisdiction of the User.

All information regarding Clients and Financing Projects that is distributed to Users through the Deal Flow Services, is meant only for Providers who can be categorized as professional clients or eligible counterparties by MiFid Directive. (Financing Projects meaning here and hereinafter projects wherein the goal is to enable agreements to be made between Clients and Providers). It is strictly prohibited for other Users to use the information or for any User to distribute the information to anyone who does not belong to these groups (professional client and eligible counterparty). Bosko does not take responsibility for any direct or indirect damages caused by the User if he distributes any such information further to any recipient not belonging to these groups.

Bosko does not make any decisions on behalf of, or in the name of, Clients or Providers. Nor does Bosko make decisions regarding the form or financing or regarding details of implementing financing agreements. Bosko does not give recommendations to any Providers or other Users to buy or sell any specific securities or other financial products. No information or Communication from Bosko should be considered a solicitation to buy or an offer to sell any securities or other financial products and services.

Any investment or financing activity entails countless numbers of risks, many of which may not be forecasted. The Provider or its investor clients may lose all or part of the funds invested or borrowed to a Client. A Client’s business may fail and this may result in bankruptcy or any comparable situation. These are only some examples.

Bosko disclaims responsibility and legal liability for any loss, harm, or damage, however caused, resulting from any financial activities or any other decisions or actions taken by the User, even if initiated or facilitated through Bosko’s Deal Flow Services
Bosko does not distribute any information that it does not believe is correct, and uses only information sources that are believed to be reliable. However, Bosko cannot guarantee the accuracy, completeness or timeliness of any information regarding any Clients or Financing Projects presented within its Deal Flow Services. Bosko is not liable for any damages resulting from possible incorrectness, incompleteness or inapplicability of any information. Bosko does not provide Due Diligence of any Clients or Financing Projects or any other financing opportunities on behalf of Clients or Providers or any other Users.

Should Bosko for any reason be held liable for any User’s or third party’s damages, the User should to the fullest extent possible hold Bosko harmless for any such liabilities.

The User is liable for handling confidential information regarding Clients or Financing projects that it receives through the Deal Flow Services, carefully. The User may not disclose confidential information regarding Clients to or Financing Projects to third parties who are not relevant parties in reaching the goals of the Financing Project, and to whom the particular information is not relevant in terms of reaching the goals of the Financing Project. This applies to any Information that is marked as confidential or that should, in the context it is presented, be understood to be confidential. However, publicly available information or information that the User possessed before it was disclosed within Bosko’s Deal Flow Services, or information that the User had received from a third party without a breach of confidentiality or information that the User is obliged to disclose under a compelling act, decree, regulation issued by the authorities, or a decision of a court of law is not considered confidential information.

Bosko is not liable for any indirect damages. Indirect damages may be for instance
– damages caused by decreasing production volume or revenue, or
– any other loss of income, or
– any profit loss caused by the fact that an agreement with a third party has not been fulfilled, or
– any similar damage that has been difficult to forecast.

Nor is Bosko liable for any costs that have resulted from counteracting indirect damages.

These terms are governed by Swiss law. Bosko is not in any case liable for any damages that it would not be liable for without these terms.

Any dispute, controversy or claim arising out of or relating to this agreement that cannot be otherwise settled, shall be finally settled in arbitration by one arbitrator in accordance with the Arbitration Rules of the Swiss Chamber of Commerce. The place of arbitration shall be in Zürich, Switzerland, and the proceedings shall be conducted in the English language.