Disclaimer
Deutsche Bank (China) Co.,Ltd (www.deutsche-bank.com.cn/mybranch)By your accessing and using Deutsche Bank AG Private & Business Clients China ("the Bank") web site the following provisions apply ("Disclaimer"):
This Disclaimer applies to each individual accessing this web site ("User"), the access to and the use of any of the web sites provided by the Bank and/or any member of its group of companies from time to time (each a "Deutsche Affiliate" and, together with Deutsche Bank AG, "Deutsche Bank") (together the "Web Site") and any services or products through the Web Site.
1. Permit of Use
The Bank hereby grants User revocable, non-exclusive, non-transferable, limited permission to access, use and display this Web Site and the materials provided on it solely for the purposes specifically described herein and so long as User complies with the Disclaimer. User will not interrupt, or attempt to interrupt, the operation of the Web Site in any manner.
2. Disclaimer of Warranties
Local Legal Restrictions
This site contains general information about the types of the Banks products and services. This Web Site is not directed to any person in any country/jurisdiction where the publication or availability of the Bank's products or services mentioned in the Web Site is prohibited for any reason whatsoever (e.g. nationality, residency or otherwise). Persons to whom such restrictions apply must not access this Web Site. Moreover, products and/or services on this Web Site may not be available in all countries and in certain countries they may be offered by affiliates or licensees of the Bank, or under a different tradename of the Bank.
Accuracy and reliability of information
This website and content is provided "as is". Except to the extent that liability under any applicable law or regulation cannot be excluded and to the extent of its own willful misconduct or gross negligence, Deutsche Bank or its licensors or other third party providers of information, that is accessible on or trough this website make no representations or warranties of any kind whatsoever regarding (1) the currency, accuracy or completeness of any information available by names of this website, including prices; and (2) the results obtained by user or anyone else from the use of this website. Except to the extent that liability under any applicable law or regulation cannot be excluded and to the extent of its own willful misconduct or gross negligence, Deutsche Bank makes no representations or warranties of any kind whatsoever regarding any information provided by third parties; and accessible on or through this website. Any views expressed as the views of Deutsche Bank reflect the current views of Deutsche Bank and may change without notice. Except to the extent required by applicable law; Deutsche Bank (1) Disclaims any express or implied warranties and conditions, including, without limitation, as to non-infringement, merchantability and suitability for a particular purpose; and (2) Does not warrant that this website or any services or content therein will be uninterrupted or error-free, that defects will be corrected or that this website, the server on which it is made available or any connected system is free of viruses or other harmful components. Quotes, News and other market information data shown on this website are at least 15 minutes delayed unless otherwise stated.
Links
This website may contain links to other websites, which in turn may contain material that has been produced by independent providers not affiliated with Deutsche Bank. Deutsche Bank accepts no responsibility for information provided on any website that may be accessed through links on this website. Any opinions or recommendations expressed on such other websites are solely those of the independent providers and are not the opinions or recommendations of Deutsche Bank. The existence of a link from this website to any other such websites does not constitute a recommendation or other approval by Deutsche Bank of such websites or any provider thereof.
Changes to Website
Deutsche Bank may change, suspend, terminate or discontinue any aspect of this Website at any time, including the availability of any services, information, features or functions accessible by means of this Website. Deutsche Bank may also impose limits to certain features, functions or services or restrict access to parts or all of this Website without notice or liability.
3. Limitation of Liability
Use of this website is at user's own risk, and user assumes full responsibility and risk of loss resulting from downloading, use of or access to this website and/or content.
Except to the content that liability under any applicable law or regulation cannot be excluded and to the extent of its own willful misconduct or gross negligence: (i) Deutsche Bank or its licensors or other third party providers of information; that is accessible on or through this website are not liable for loss or damage of any kind whatsoever arising as a result of (1) information published on this website, or (2) any errors in or omissions from this website; (ii) Deutsche Bank or its licensors or other third party providers of information, that is accessible on or through this website shall have no liability arising from orders, investment decisions or purchases of thirds party goods or services (including financial instruments and currency)based on the information provided on the website; and(iii) under no circumstances shall Deutsche Bank or its licensors or other third party providers of information; that is accessible on or through this website be liable for any damage whatsoever, whether direct, indirect, punitive, special or consequential, that are directly or indirectly attributable to the use of, or the inability to use, this website, even if advised of the possibility of such damages or if such damages were foreseeable.
4. No Offer, No Advice
Except as otherwise specifically agreed in writing or provided in any other terms and conditions of use applicable to transactions between User and Deutsche Bank through this Website, including, but not limited to the General Business Conditions, (CHECK: I think this is now called "Terms & Conditions of the Bank") ("Specific Terms"), (i) nothing on this Website is an offer which can be accepted by User so as to create contractual obligations without further action by Deutsche Bank; (ii) Deutsche Bank provides no advice with respect to the use of this Website (including, without limitation, regarding the execution of transactions or any legal, tax or accounting advice or advice regarding the suitability or profitability of a security, investment or transaction by means of this Website); and (iii) this Website provides only general information; it is not intended as financial, legal, tax or other advice or as an offer, solicitation or recommendation of securities or other financial products; the information provided to User may not include the same information provided to other users of this Website or clients of Deutsche Bank, and User should obtain independent specific professional advice including financial, tax and / or legal advice that addresses its particular investment objectives, financial situation and needs before making investment decisions. This Website may not be complete and up to date for User's purposes.
5. Conflict of Interests
Deutsche Bank and its directors, officers and employees may have or have had interests or positions or traded or acted as market makers in securities or other values directly or indirectly referred to on this Website. Such entities or persons may have or have had a relationship or may provide or have provided services to companies directly or indirectly referred on this Website.
6. Miscellaneous
Governing Law and Jurisdiction
Except as might otherwise be stated in any Specific Terms, this Disclaimer is governed by and shall be construed in accordance with the laws of China.
Investment Results
Statements on this Website regarding investment are based on past experience which is not necessarily a guide to the future performance of an investment. The value of investments can fall or rise and investors may not even get back the invested amount. Also, fluctuations of foreign exchange rates can cause the value of investments to go up or down.
Assignment
This Disclaimer shall be for the benefit of Deutsche Bank AG for itself and on trust for each of the Deutsche Affiliates, and shall inure to the benefit of the successors and assigns of any of the foregoing persons. Deutsche Bank AG and each of the Deutsche Affiliates shall have the right to assign this Disclaimer or any of its rights or obligations under this Disclaimer to any other Deutsche Affiliate or other business partner.
Delegation
Deutsche Bank (i) may delegate the performance of any function in connection with this Website and (ii) reserves the right to use any agents on such terms as it thinks appropriate.
Amendments
Deutsche Bank reserves the right to vary or amend this Disclaimer in any manner as it may deem fit and proper. It is User's responsibility to familiarize himself/herself/itself with this Disclaimer and any Specific Terms and any amendments thereto on accessing this Website or any part thereof.
No Waiver
No failure or delay on the part of Deutsche Bank in exercising any right shall operate as a waiver of, or impair, any such right. No single or partial exercise of any such right shall preclude any other or further exercise thereof or the exercise of any other rights. No waiver of any such right shall be deemed a waiver or modification of any other right under this Disclaimer.
Agreements
Except as may be stated otherwise, in the event of any inconsistency between this Disclaimer and any Specific Terms (including, but not limited to the General Business Conditions), the Specific Terms shall prevail, and in the event of any inconsistency between any Specific Terms or the Disclaimer and any account or master agreement relating to the particular product or services traded or offered through this Website ("Specific Agreement") the Specific Agreement shall prevail.
Severability
If at any time any provision (or part of any provision) of the Disclaimer is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any other part of that provision) of the Disclaimer.
Compliance with Export Laws
Use of this Website may require the distribution of cryptographic technology which may be the subject to export controls or restrictions. User will not redistribute or re-export such cryptographic technology without (i) the prior written consent of Deutsche Bank, (ii) User's compliance with all applicable export laws, and (iii) User's compliance with the laws of the country of destination or use.
7. Copyright and Trademark
This Website was created in 2006, and it is protected by copyright, database rights and other intellectual property rights. Deutsche Bank and/or its suppliers, if any, retain all rights, title and interest in and to all data, text images, software and other elements (including multimedia elements) displayed on, distributed from, made available for downloading by means of, or used to provide any of, the Website's functionalities (the "Content"). Use of this Website and the Content does not grant User any ownership rights on this Website or Content. User may copy or print out as a hard copy this Disclaimer or other limited portions of the Content exclusively to private, non-business purposes. All such copies will be subject to the use limitations of the Disclaimer and must contain a copy of Deutsche Bank's copyright notice. User may not download, display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, time-share, lend or transfer or in any way exploit this Website or Content except as permitted by this Disclaimer. User may not (i) use this Website (including without limitation to any Third Party Software) to operate a service bureau for the benefit of any third party, (ii) remove or obscure any copyright notice of Deutsche Bank or any of its suppliers, (iii) use any trademarks, service marks, domain names, logos, or other identifiers of Deutsche Bank or any third party without the prior written permission of Deutsche Bank or the relevant third party (iv) User may not (1) copy, down-load or store any market data (i.e., but not limited to, information on security quotes, business news, security indices) except in the normal course of 'caching' the market data when viewing them on the this Website; (2) redistribute or permit access to the market data; (3) use the market data to create an index if that index will be used as a tradable instrument in the nature of a security.
