Terms and Conditions
Use of the Xetra-Gold® website does not result in a contractual relationship between the user and Deutsche Börse Commodities GmbH. To that extent, no contractual or quasi-contractual claims arise 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: Deutsche Börse Commodities GmbH 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 Deutsche Börse Commodities GmbH or one of its 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 guarantee or warranty granted by Deutsche Börse Commodities GmbH and liability for claims under the German Product Liability Act (Produkthaftungsgesetz) 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 (hereinafter “the Product”) as described on this Xetra-Gold website. The prices and valuations published on the Xetra-Gold website are indicative and are for information purposes only, as is other information displayed on this website.
Prospectus as basis for decision
The prospectus referring to the Product is available on the Xetra-Gold website. It is recommended that investors read the prospectus, including any supplements thereto, before making an investment decision in order to fully understand the potential risks and rewards associated with an investment in the Product.
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 on this website.
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 of the German Telemedia Act (Telemediengesetz) (“TMG”), Deutsche Börse Commodities GmbH is only responsible for its own content on the Xetra-Gold website under the general laws. According to § 8 to § 10 TMG Deutsche Börse Commodities GmbH is 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, Deutsche Börse Commodities GmbH will remove the content immediately.
Use of the Xetra-Gold website
Changes to the Xetra-Gold website
Deutsche Börse Commodities GmbH strives to provide the service without disruption. 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 terms and conditions of use
Deutsche Börse Commodities GmbH reserves the right to modify or amend these terms and conditions at any time.
Content and design of the Xetra-Gold website are protected by copyright. Any copying of the website or of its content requires the prior written consent of Deutsche Börse Commodities GmbH.
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 that is/are sent out will be free from viruses, worms or other harmful components.
Some of the hyperlinks contained on the Xetra-Gold website may lead the user to external websites that are not under the control of Deutsche Börse Commodities GmbH and for the content of which Deutsche Börse Commodities GmbH is not responsible. When the user clicks on such a link, the user will leave the Xetra-Gold website. Deutsche Börse Commodities GmbH is not responsible for the content of any websites reached by means of such a link.
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 and conditions.
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 legal entities resident in the United States:
The information set out on 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 legal entities resident 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 legal entities resident in the United States.
The Product described on the Xetra-Gold website is only offered or sold to persons in any other jurisdiction, if permitted by applicable law.