Legal Disclaimer

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Legal Disclaimer

General

By accessing and using the website of Banque de Commerce et de Placements S.A. (hereinafter “BCP’s Website” or “Website”), you declare that you have understood and accepted the regulations for the use of and the legal information with regard to this Website as well as any other applicable document and to be bound by the terms of this Legal Disclaimer.
Any special agreement with respect to individual services or products of Banque de Commerce et de Placements S.A. (hereinafter “BCP”) shall be in addition to these terms and conditions, although in the event of conflict, the provisions contained in such special agreements shall prevail.
The content of the present Legal Disclaimer may be updated any time without prior notice. The last paragraph indicates its last update.

Local Legal Restrictions

BCP’s Website and all information and functionalities contained therein are not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of, or located in any jurisdiction where, for any reason, such distribution, publication, availability or use would be contrary to any applicable law or regulation or which would subject BCP to any registration or licensing requirement within such jurisdiction. In particular, this Website is not intended for residents of the United States. If you are from such a jurisdiction, you are not authorized to proceed and must exit this Website immediately.
Information and services described on this Website may not be available or authorized to persons dependent on a jurisdiction other than Switzerland (by reason of those persons’ nationality, place of residence or domicile, or for any other reason) or to certain categories of investors.
Some jurisdictions may also prohibit or restrict the import, export and use of code algorithms.
You should consult with your adviser about the above-mentioned restrictions and ensure that you comply with the applicable regulations.
BCP does not assume any responsibility if you do not comply with your local restrictions.

Ownership of BCP’s Website and Copyright

The entire content of BCP’s Website is subject to copyright laws. BCP, or the applicable third party owner, retains all rights, titles and interest (including copyrights, trademarks, patents, as well as any other intellectual property or other right) in all information and content (including all text, data, graphics and logos) on BCP’s Website. Downloading, copying or printing individual pages and/or parts of the Website is allowed for personal use only, provided that you do not remove any copyright or other proprietary notices. The downloading or copying of BCP’s Website does not transfer to you any rights with respect to the software or other material on the Website.
You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify or use for any public or commercial purpose BCP’s Website without the prior written consent of BCP.

Links to other Web sites

Some links on BCP’s Website may lead to third-party websites, which are completely beyond the control of BCP and which are provided solely for your convenience and information. Accordingly, BCP does not assume any responsibility for the accuracy, completeness and legality of the contents of such websites, or for any offers and services contained therein.
Using links from this Website to any website not owned by BCP is at your own risk.
The prior written consent of BCP is required before any link to BCP’s Website is placed on any other website.

E-mail Communication

Ordinary e-mail messages sent over the internet are neither confidential nor secure. Data and information sent over the internet via a public network may be accessible by unauthorized third parties, potentially leading to disclosures, changes in content or technical failures. Data sent via internet may be transmitted across international borders even though both sender and receiver are located in the same country. Therefore, your data may be forwarded to a country with a lower data protection level than that which exists in your country of residence.
Information is sent over the internet at your own personal risk. BCP does not accept legal responsibility for any confidential information sent to BCP without using adequate security protection.

No Offer and No Advisory

The content of this Website is solely for information purposes. No information published on this Website constitutes a solicitation, nor an offer or a financial, tax or legal advice of any kind. BCP refrains from providing any investment advice on this Website.
The risks involved in certain investments are not suitable for all investors. The documents available on this Website have no regard to the specific investment objectives, financial situation or particular needs of any specific investor.
You should obtain advice from a qualified expert before making any investment decision or for any information concerning the risk pertaining to a particular investment product.
The past is not necessarily a guide to the future performance of an investment instrument. The value of an investment may fall as well as rise and there is no guarantee that any capital invested will maintain or increase in value. An investment may also lose value due to changes in rates of foreign exchange.

Accuracy of Information

Information and opinions presented in this Website have been obtained or derived from sources believed to be reliable. BCP and its information providers seek to ensure that the information published on this Website is accurate at the time of publication, and is provided in good faith. Under no circumstances shall BCP be liable for having issued statements or warranties, explicitly or implicitly, with respect to the reliability, completeness or correctness of the information, data and opinions published on this Website. In no event neither BCP nor any of its directors, employees, auxiliaries or advisors accept any liability with regards to the information contained in BCP’s Website.
Any opinion expressed on this Website and any content may be changed at any time without notice.

Exclusion of Liability

BCP and all its directors, officers, employees, auxiliaries or any advisors disclaim, without limitation, any liability for any loss or damage of any kind, including any direct, indirect or consequential damages, which might be incurred through the use of or access to BCP’s Website, or any links to third-party websites, even if BCP has been advised of the possibility of the same.
The access and performance of the Website and the relevant operating and information services, as well as those obtained through other channels, may be affected by technical problems and/or specific market conditions beyond the control of BCP. In no event neither BCP nor any of its directors, officers, employees, auxiliaries or any advisors will be liable for any damages, losses or expenses arising in connection with this Website or use thereof or inability to use by any third party, or in connection with any failure or performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BCP or its representatives are advised of the possibility of such damages, losses or expenses.

Use of Data Collected

BCP may use specific cookies to obtain non-personal information data regarding your use of this Website. This anonymous data will be collected primarily for purposes of administering and of monitoring usage and performance of this Website, or compiling demographic information. BCP does not collect personally identifying data from this Website except when specifically and knowingly provided by you.

Data Security and Storage

If you have specifically and knowingly provided personal information, BCP undertakes to take all reasonable steps in order not to allow your personal data to be accessible by any third parties other than those which have been engaged by BCP. Our employees, agents, and third party providers who have access to personal data obtained through this Website are obliged to respect privacy.
BCP will only disclose your data to other third parties, if compelled to do so for legal or regulatory purposes.
BCP may store data in locations other than your country of residence. In such cases BCP will endeavour to ensure that there are adequate levels of protection of your data, taking into consideration applicable legal and regulatory requirements, including those relating to banking secrecy and data protection.

Applicable law

Use of the Website shall be subject to Swiss law, which shall exclusively govern the interpretation, application, and effect of all the conditions of use set out above. The courts of Geneva shall have exclusive jurisdiction over all claims or disputes arising out of or in connection with the Website and its use.

Last update: October 2013.