Terms and conditions of use
By accessing the Vontobel Indices website, you declare that you have understood and acknowledge the following terms and conditions of use and legal information. If you do not agree to these terms and conditions, please do not access this website.
1. Local restrictions on access to the Vontobel Indices website
The Vontobel Indices website is not intended for persons who are subject to a jurisdiction forbidding the publication of the information contained in it or access to the Vontobel Indices website. Persons to whom such restrictions apply are not permitted to access the Vontobel Indices website. Restrictions apply particularly, but not exclusively, to citizens of the United States of America (the USA) and the United Kingdom (the UK), and to US or UK residents.
Each user is responsible for acquainting themselves with any restrictions before visiting our website and for adhering to these. By accessing this website, you confirm that you are not subject to any jurisdiction forbidding such access.
2. Ownership and operation of the Vontobel Indices website
The owner and operator of this Vontobel Indices website, and thus the entity responsible for its content, is Bank Vontobel AG, with registered office in Zurich at Gotthardstrasse 43, 8002, Switzerland, a company entered in the commercial register of the Canton of Zurich under company number CH-020.3.902.757 -5 (hereinafter “Bank Vontobel”). Bank Vontobel is a wholly owned subsidiary of Vontobel Holding AG, Zurich, Switzerland.
3. Copyright
The contents of the Vontobel Indices website are protected by intellectual property rights and trademark law.
All copyrights on, trademarks in and other rights to the content of the Vontobel Indices website remain exclusively and completely reserved by Bank Vontobel or other companies of the Vontobel Group (including Vontobel Holding AG; hereinafter: “VT Group companies”) or, where applicable, by the applicable third party named on the Vontobel Indices website. “Vontobel” and the Vontobel logo, for example, are registered trademarks of Vontobel Holding AG. Protected copyrights, trademarks and other rights are, without exception, subject to the provisions of current intellectual property and trademark law and the ownership rights of the respective registered owner.
Using the Vontobel Indices website does not give the user any rights to the content, to the registered trademarks or to any other element of the Vontobel Indices website. Downloading or printing pages or extracts of the website is only permitted for non-public, non-commercial or non-economic purposes - i.e. only for personal or internal use - and the full source must be cited and the relevant intellectual property and trademark law must be respected.
Any other use, in particular the complete or partial reproduction, quotation or publication of any content from the Vontobel Indices website for public, commercial or economic purposes, is only permitted with the prior written authorisation of the applicable rights holders, particularly Bank Vontobel, and the source must be cited in full in each case.
In particular, Bank Vontobel also owns all rights (including any trademark rights) to the indices it calculates which are shown on the Vontobel Indices website (hereinafter the “Vontobel Indices”; including their constituent parts such as indicators and calculation parameters [index methodology] and, if not otherwise specified or otherwise evident from the circumstances, the price data on which the respective indices are based). Bank Vontobel expends considerable human and financial resources in its capacity as an index calculation agent (hereinafter the “VT Index Calculation Agent”) for the compilation, calculation, adjustment and ongoing development of the Vontobel Indices.
Each commercial or economic use of the Vontobel Indices by third parties for the purpose of issuing, trading, marketing, distribution etc. requires prior written authorisation by Bank Vontobel.
4. Use of the Vontobel Indices website
Using the Vontobel Indices website in a manner which results in the website being modified, damaged or overloaded or so that third parties' use of this website is affected is not permitted.
5. No offer / no contractual relationship
The information and views contained in the Vontobel Indices website do not constitute an invitation or recommendation or an offer to use a service, to buy or sell financial instruments or to engage in other transactions. They serve as a source of information only. They do not constitute buy or sell recommendations and are communicated outside of any contractual relationship. They do not create any contractual advisory or information relationship.
6. No basis for decisions
The Vontobel Indices website does not constitute investment advice and is not for use as any other decision-making aid for legal or tax matters or other matters involving advice. Please note that investments in any financial instruments described on the Vontobel Indices website or in financial instruments based on an index or VT index shown on the Vontobel Indices website are typically associated with risks (in certain circumstances up to and including total loss of the invested capital) and are therefore not suitable for every investor. We invite you to obtain advice from your bank, investment advisor or tax advisor prior to making an investment decision. Investment decisions should always also be made on the basis of the relevant terms and conditions defined by the issuer of the applicable financial instrument. The relevant product terms and conditions, in particular the descriptions these contain of the particular risk factors of the financial instruments should be read very carefully. These are generally available free of charge from the issuers of the financial instruments and/or their distribution partners.
7. No warranty/liability regarding the information being up-to-date, correct and complete.
The Vontobel website continuously publishes information, particularly, but not exclusively, concerning certain indices (i.e. index numbers or indicators), which can be used to express changes in certain variables (such as share prices), especially over time. It is fundamentally a freely accessible information offering and definitely not a trading system. There may be delays in displaying the relevant information for various reasons; the entry of information into the Internet may, inter alia, be interrupted due to technical problems and transmission errors are possible. It should not be inferred from errors or technical problems of this type that any financial instruments described on the Vontobel Indices website or financial instruments which are based on an index or VT index shown on the Vontobel Indices website cannot be traded. Furthermore, it cannot be guaranteed that any information shown on the Vontobel Indices website, such as (rate/price) indications, will also be reflected as tradable rates/prices in the trading system of a broker or on the stock exchange. Bank Vontobel checks and updates the information on its website regularly. Certain information, such as (rate/price) indications (if provided) is provided in close to real time. Bank Vontobel compiles information to the best of its knowledge.
However, no liability or guarantee that the information provided on the Vontobel Indices website is up-to-date, correct/accurate and complete can be assumed (see also paragraph 10. below). In particular, Bank Vontobel does not provide any guarantee that certain information (such as rates, prices) will be presented in real time.
Bank Vontobel offers no express or implied warranty or assurance in relation to the information published on the Vontobel Indices website, either in terms of the results of using an index or VT index or in regard to the state of an index or VT index at any given moment or in other respects. VT indices are developed, prepared, calculated and marketed/published solely by Bank Vontobel using its best efforts to ensure the accuracy of the calculation of the indices. Bank Vontobel - without prejudice to any possible obligations toward such persons whom Bank Vontobel has permitted economic use of the VT indices in writing (see paragraph 3. above) - does not have any obligation to third parties (including investors and/or financial intermediaries that hold investments in financial instruments based on the VT indices) for any error in VT indices. The publication of the VT indices by Bank Vontobel does not constitute an investment recommendation by Bank Vontobel and does not in any way comprise an assurance or opinion by Bank Vontobel regarding any investment in a VT-indices-based financial instrument.
8. No assurance
The information contained in the Vontobel Indices website has been obtained from sources which Bank Vontobel considers reliable and was compiled by Bank Vontobel to the best of its knowledge. However, Bank Vontobel does not provide any assurance that the information and views on the Vontobel Indices website are correct, reliable, up-to-date or complete. Bank Vontobel has no obligation to correct any incorrect, incomplete or outdated information.
The information provided on this website is for information purposes only. Anyone who uses this data for other purposes, assumes full responsibility for doing so. The operation of the Vontobel Indices website may be interrupted or discontinued at any time and without prior notice; the right to fully or partially amend the relevant content of the Vontobel Indices website remains reserved.
9. No guarantee
Bank Vontobel accepts no responsibility and gives no guarantee to the effect that the functions on the Vontobel Indices website are free of defects or will not be interrupted, that defects will be corrected, or that this website or the server are free of viruses or other harmful elements.
10. Disclaimer
Bank Vontobel is not liable, except in cases of gross negligence or intent, for any damage or consequential damage of a tangible or intangible/non-material nature arising directly or indirectly from or in connection with access to or use or non-use of the Vontobel Indices website or the impossibility of accessing or using the Vontobel Indices website. This is without prejudice to the liability for damages arising from injury to life, body or health caused by a negligent breach of duty or by negligent breach of duty by an assistant/vicarious agent of Bank Vontobel.
Bank Vontobel assumes no liability in connection with damages or consequential damages resulting from non-authorised use of any content of the Vontobel Indices website for public, commercial or economic purposes.
11. Links to other websites
Bank Vontobel has not checked the other websites linked to the Vontobel Indices website and is not responsible for their content. If you use certain links, you will leave the Vontobel Indices website at your own risk. Bank Vontobel is not liable for any damage or consequential damage arising from accessing the websites of third parties. Links to other websites are provided to the users of this website for convenience only.
12. Data protection/e-mail
Where options to enter personal or business data (e-mail addresses, names, addresses etc.) are provided within the Vontobel Indices website, entry of such data by the user will expressly be carried out on a voluntary basis.
Bank Vontobel cannot rule out the possibility that the data it receives might be read, amended, redirected, falsified or destroyed by third parties.
Bank Vontobel assumes no liability arising from the transmission of data (for example using e-mail).
13. Conflicts of interest
Please note that in relation to a particular financial instrument, in addition to acting in its capacity as an index calculation agent regarding the underlying of this financial instrument (i.e. the corresponding VT indices) Bank Vontobel may also at the same time act in another capacity, for example, as a lead manager or paying agent or principal agent. Bank Vontobel always performs the respective roles to the best of its knowledge and when performing its various functions, maintains the necessary care and independence for these.
Bank Vontobel or, as the case may be, other VT Group companies may act as a market-maker for any financial instruments described on the Vontobel Indices website or for financial instruments which are based on an index or VT index shown on the Vontobel Indices website or may trade these financial instruments for their own account. Please note that Bank Vontobel or other VT Group companies may also take their own positions in connection with such financial instruments, for example hedges, which may have a negative impact on the price of the financial instrument concerned or on the corresponding underlying.
Under certain circumstances, Bank Vontobel or other VT Group companies sell the corresponding financial instruments to distribution partners or other financial institutions at a discount to the issue price, grant a rebate or trailer fees for the benefit of and for the account of distribution partners or financial institutions. The respective provider will provide further information on request, in particular on the amount of this remuneration.
Bank Vontobel or other VT Group companies and/or their respective organs, senior executives and employees may hold shares or long or short positions in the corresponding financial instruments, the underlyings related to these or other financial instruments which also relate to the respective underlyings or may have held these in the past and may buy or sell the aforementioned financial instruments on their own account or on behalf of third parties at any time. In addition, Bank Vontobel or other VT Group companies may maintain relationships with the named companies or may have maintained relationships with them in the past or may provide them with investment banking, capital market and/or other services or have provided them with these in the past.
14. Severability
If one or more provisions of these terms and conditions of use should be declared to be invalid, illegal or unenforceable by a competent court or authority in any jurisdiction, then the corresponding provisions are not to be regarded as a part of these terms and conditions of use; however, such a declaration has no impact on the validity, legality or enforceability of the remaining provisions of these terms and conditions of use.
15. Applicable law
Swiss law (under exclusion of conflict-of-law rules) applies to these terms and conditions of use and to all disputes that may arise from them. The exclusive place of jurisdiction shall be the competent courts of the city of Zurich.