Use of the Xetra-Gold® website in no way concludes a contractual relationship between the user and Deutsche Börse Commodities GmbH. To that extent, there can be no contractual or quasi-contractual claims against Deutsche Börse Commodities GmbH. In case the use of the website should lead to a contractual relationship, the following liability limitation shall apply as a precaution: the provider is liable for intent and gross negligence and breach of an essential contractual obligation (cardinal obligation). Deutsche Börse Commodities GmbH is liable for damages under limitation to the foreseeable type of contract-typical damage caused by a slightly negligent breach of cardinal obligations by him or one of his legal representatives or agents. Deutsche Börse Commodities GmbH is not liable for slightly negligent breach of accessory obligations which are not cardinal obligations. The liability for damages that fall within the scope of a provider’s guarantee or warranty and liability for claims under the product liability law and damages resulting from injury to life, limb or health remains unaffected hereof.
No content of this Xetra-Gold website should be considered as an offer to purchase the Xetra-Gold securities (in the following “the product”) as described on this Xetra-Gold Website. Pricing levels and valuations published on the Xetra-Gold Website are indicative and they and other information displayed thereon are for information purposes only.
Decisiveness of prospectus
The prospectus referring to the product is available on the Xetra-Gold website. Users should carefully read the information contained therein before making any investment decision.
No investment advice
Information made available on the Xetra-Gold website should not be considered as investment advice or any form of recommendation to purchase the product described thereon.
Past performance information contained on the Xetra-Gold website is not indicative of future results.
Liability for content
As a service provider according to § 7 para. 1 TMG, Deutsche Börse Commodities GmbH is only responsible for our own content on the Xetra-Gold site under the general laws. According to § 8 to § 10 TMG we are not obligated as a service provider to monitor transmitted or stored information, or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, a relevant liability is only possible from the date of knowledge of a specific infringement. Upon notification of such violations, we will remove the content immediately.
Use of the Xetra-Gold website
Changes of the Xetra-Gold website
Deutsche Börse Commodities GmbH strives to provide the service without disruption to the schedule. In addition, Deutsche Börse Commodities GmbH reserves the right to partly or completely change the Xetra-Gold website at any time and to restrict, interrupt or terminate its service.
Changes of general terms and conditions of use
Deutsche Börse Commodities GmbH reserves the right to modify or amend these terms and conditions at any time.
Contents and works created by Deutsche Börse Commodities GmbH and instructed site operators are protected by German copyright. Copying, editing, distribution and any kind of exploitation outside the limits of copyright law require the written consent of the respective originator, in particular the author or creator. Downloads and copies of the Xetra-Gold site are only permitted for private, non-commercial use. Insofar as the contents on the Xetra-Gold site were not created by us or the site operator, the copyright of third parties will be observed. In particular contents of third parties are marked as such. Nevertheless, should you become aware of a copyright infringement, we ask that you notify us accordingly. Upon notification of violations, we will remove the content immediately.
Safety of communication
Communications over the internet and by e-mail cannot be guaranteed to be secure. There is a risk that information contained within an e-mail communication and any attachment thereto, including potentially confidential information, may be intercepted, lost, destroyed or delayed in transmission. Although Deutsche Börse Commodities GmbH will use reasonable efforts to minimise such risk, it does not warrant that any of its communication or e-mail or any attachments thereto will be free from viruses, worms or other harmful components.
Liability for links
Our site contains links to external websites over which we have no control. Therefore, we cannot accept any responsibility for the contents. The provider or operator is always responsible for the content of linked pages. The linked sites were checked for possible legal violations at the time of linking. Illegal contents were not visible at the time of linking. A permanent control of the linked pages is unreasonable without concrete evidence of a violation. Upon notification of violations, we will immediately remove such links.
Governing law; jurisdiction
These terms and conditions are exclusively governed by and shall be construed in accordance with German law.
Each private user who is not a resident of one of the countries for which the Council Regulation (EC) NO 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters is applicable, or which have entered and ratified the Convention on jurisdiction and enforcement of judgements in civil and commercial matters signed at Lugano on 16 September 1988, and all commercial users are subject to the exclusive jurisdiction of the competent court of Frankfurt am Main, Germany, in respect of any disputes arising under these terms and conditions.
If at any time any provision (or part of any provision) of these terms and conditions is, or becomes, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any other part of this provision) of these terms.
The product described on the Xetra-Gold website is not eligible for sale in all countries and in any event may only be sold to qualified investors. The prospectus contains information as to the selling restrictions applicable to the product and the user should read them carefully.
In particular, the following restrictions apply:
U.S. Persons and resident legal entities in the United States:
The information set out in the Xetra-Gold website is not directed to the United States. U.S. Persons (as defined in Regulation S under the US Securities Act 1933) and resident legal entities in the United States may not enter the Xetra-Gold website. Information from this Xetra-Gold website may not be distributed or redistributed into the United States or into any jurisdiction where it is not permitted.
The securities have not been and will not be registered under the U.S. Securities Act of 1933 and trading in the securities has not been approved for purposes of the U.S. Commodities Exchange Act of 1936. The securities may not be offered or sold in the United States, to U.S. Persons or resident legal entities of the United States.
The product described on the Xetra-Gold website is only offered or sold to persons in any other jurisdiction, as permitted by applicable law.