Terms of use / disclaimer

By using the website www.banquethaler.com and any of the pages contained on it, and the products, services, information, tools and material contained or described herein (hereafter the "Site"), you confirm that you have reviewed, understand and agree to the following important legal information and terms of use/ disclaimer (the “Terms”). If you do not agree to the Terms, please exit the Site immediately.

The Terms as well as the information and materials contained in the Site are subject to change at any time without notice and access to, and use of the Site may be restricted or terminated at any time.

Access to and use of the Site as well as the Terms are governed by Swiss law. The place of jurisdiction is Geneva.

1. Copyrights

Unless accompanied by an explicit statement to the contrary, all content on this Site is protected by copyright, database rights, or other intellectual property rights, and is the property of Banque Thaler and/or its direct or indirect subsidiaries (hereinafter referred to as "Banque Thaler" or "we").
Except as otherwise specifically agreed in writing or to the extent necessary to use the Site in accordance with these Terms, you shall not: (1) copy the Site in whole or in part (except to make backup copies solely for disaster recovery purposes); (2) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, time-share, lend or transfer or in any way exploit the Site in whole or in part; (3) embed the Site into other products; (4) use the Site in any timesharing arrangement; (5) create function calls or other embedded links from any software program to the Site; (6) remove or obscure any copyright notice of Banque Thaler or any of its suppliers; (7) use any trademarks, service marks, domain names, logos, or other identifiers of Banque Thaler or any of its third party suppliers; or (8) save to the extent permitted under by law, reverse engineer, decompile, disassemble, or access the source code of the Site.

Nothing on the Site is designed to grant any license or right to use any image, trademark, service mark or logo. No act of downloading, printing or otherwise copying individual pages and/or parts of the Site will transfer any legal entitlement to any software or material on the Site to you. Banque Thaler reserves all intellectual property rights (such as copyright and trademark rights) to all material on the Site, and will enforce such rights to the full extent of applicable law.
The information and opinions contained in the Site are provided for personal use and informational purposes only and are subject to change without notice.

2. Access Subject to Local Restrictions

This Site is 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 (1) such distribution, publication, availability or use would be contrary to applicable law or regulation or (2) such distribution would subject Banque Thaler to any registration or licensing requirement within such jurisdiction.
Individuals or legal entities in respect of whom such prohibitions apply, whether on grounds of their nationality, their place of residence or on other grounds, must not access or use the site.
The information contained on this Site is descriptive of Banque Thaler as a whole and the services, securities and financial instruments described may relate to the products and services of a person or entity that is located in a jurisdiction other than that in which you are located. Accordingly the rules for the protection of private customers that apply in the jurisdiction in which you are located may not apply in relation to such products and services.

3. No Offer. No Solicitation.

All content of this Site is for information purposes only. It is intended to widen awareness of the bank's reputation. Therefore no information, products, data, services, tools and documents contained or described on this Site shall be deemed as an advertisement or recommendation or as an offer or solicitation of an offer (1) to buy or sell any products or services, including but not limited to any securities, financial instruments or other investments or investment advice or (2) to effect any transaction or to enter into any legal relations.
Banque Thaler does not offer any online services or benefits on this site. Nothing on this site shall be deemed as a public call nor selling, whatever its form, qualification or denomination nor shall it be construed as a proactive behaviour from Banque Thaler towards third parties. Every contact with the bank from third parties must be considered as the latter's sole initiative.
Banque Thaler will not treat users of this Site as its clients by virtue of them accessing it. Users of this site should seek the advice of their independent financial adviser prior to taking any investment decision on the basis of any information contained herein and no information herein constitutes general or specific investment, legal, tax or accounting advice of any kind.

4. Disclaimers and Cautionary Statement Regarding Forward-Looking Information

All opinions and estimates expressed in this Site constitute our judgment as of publication and do not constitute general or specific investment legal, tax or accounting advice of any kind. This site contains statements that constitute forward-looking statements. Such forward-looking statements may include, without limitation, statements relating to our plans, objectives or goals; our future economic performance or prospects; the potential effect on our future performance of certain contingencies; and assumptions underlying any such statements.
By their very nature, forward-looking statements involve inherent risks and uncertainties, both general and specific, and risks exist that predictions, forecasts, projections and other outcomes described or implied in forward-looking statements will not be achieved. We caution you that a number of important factors could cause results to differ materially from the plans, objectives, expectations, estimates and intentions expressed in such forward-looking statements. These factors include (i) market and interest rate fluctuations; (ii) the strength of the global economy in general and the strength of the economies of the countries in which we conduct our operations in particular; (iii) the ability of counterparties to meet their obligations to us; (iv) the effects of, and changes in, fiscal, monetary, trade and tax policies, and currency fluctuations; (v) political and social developments, including war, civil unrest or terrorist activity; (vi) the possibility of foreign exchange controls, expropriation, nationalization or confiscation of assets in countries in which we conduct our operations; (vii) the ability to maintain sufficient liquidity and access capital markets; (viii) operational factors such as systems failure, human error, or the failure to properly implement procedures; (ix) actions taken by regulators with respect to our business and practices in one or more of the countries in which we conduct our operations; (x) the effects of changes in laws, regulations or accounting policies or practices; (xi) competition in geographic and business areas in which we conduct our operations; (xii) the ability to retain and recruit qualified personnel; (xiii) the ability to maintain our reputation and promote our brands; (xiv) the ability to increase market share and control expenses; (xv) technological changes; (xvi) the timely development and acceptance of our new products and services and the perceived overall value of these products and services by users; (xvii) acquisitions, including the ability to integrate successfully acquired businesses; (xviii) the adverse resolution of litigation and other contingencies; and (xix) our success at managing the risks involved in the foregoing.
We caution you that the foregoing list of important factors is not exclusive; when evaluating forward-looking statements, you should carefully consider the foregoing factors and other uncertainties and events. Banque Thaler is under no obligation to (and expressly disclaims any such obligation to) update or alter its forward looking statements whether as a result of new information, future events, or otherwise.

5. No Warranty

Any data, including but not limited to financial market data, quotes, notices, research or other financial information accessible through this Site, have been obtained with reasonable efforts from carefully selected sources believed to be reliable. All such information is provided "as is" and "as available" to the user without express or implied warranties of any kind, including warranties of quality, originality, non-infringement of intellectual property or fitness for any particular purpose.
Banque Thaler will use reasonable efforts to ensure, but provides no warranty and makes no representations of any kind whatsoever, regarding: (1) the currency, accuracy, timeliness, suitability or completeness of the content; (2) the results to be obtained by any user of the Site; or (3) any third party content accessible on or through the Site. The information and opinions in the Site are descriptive of Banque Thaler as a whole and the products and services described may not be available to or suitable for all investors. The fact that a user accesses the Site does not make him a client of Banque Thaler.
Except to the fullest extent permitted by applicable law and/or regulation, Banque Thaler, including its directors, agents, employees or subcontractors (1) disclaims any and all express, statutory or implied warranties and conditions regarding the Site and any results to be obtained from the use of the Site and iets contents, including but not limited to all warranties and conditions as to quality, merchantability, non-infringement or fitness for a particular purpose or use and all warranties arising from course of performance, course of dealing and/or usage of trade or their equivalents under the applicable law and/or regulation of any jurisdiction; and (2) will use reasonable efforts to ensure but does not warrant that the Site, any content (including any third party content), goods and services referred to therein will be uninterrupted or error free, that defects will be corrected or that the Site, the servers from which it is available or any connected website is free of viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components. Accordingly, you acknowledge that messages sent to Banque Thaler by electronic means may be intercepted and/or modified as regards to both their content and origin. Banque Thaler excludes all liability in this respect. In order to safeguard against viruses, it is advisable to use up-to-date versions of browsers and to install and continuously update antivirus software. Users should strictly avoid opening e-mails of unknown origin or unexpected e-mail attachments.
Any expressions of opinion, estimates and projections on the Site are those of the authors at the date of writing. They do not necessarily reflect the view of Banque Thaler and are subject to change at any time without prior warning. Banque Thaler and its contractual partners may discontinue, or make changes in, the information, data and documents, and the products or services described herein, at any time without prior notice. Any information marked with a date is published as of this date only and no obligation or responsibility is undertaken to update or amend any such information.

6. No Liability

TO THE MAXIMUM EXTENT PERMITTED BY CURRENT LAWS AND/OR REGULATIONS and under no circumstances shall Banque Thaler, INCLUDING ITS DIRECTORS, AGENTS, EMPLOYEES, SUB-CONTRACTORS AND ITS SALES PARTNERS have any liability whatsoever TO ANYONE FOR losses or DAMAGES of any kind whatsoever ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE FROM ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS SITE OR FROM ANY ACTION TAKEN OR NOT TAKEN AS A RESULT, REGARDLESS OF WHETHER THEY ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES OR LOST PROFITS, OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF BANQUE THALER KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND.

TO THE FULL EXTENT PERMITTED BY CURRENT LAWS AND/OR REGULATIONS, Banque Thaler, INCLUDING ITS DIRECTORS, AGENTS, EMPLOYEES, SUB-CONTRACTORS AND ITS SALES PARTNERS, SHALL NOT BE LIABLE FOR ANY (1) LOSS OF PROFITS OR REVENUE OR SAVINGS OR OTHER ECONOMIC LOSS, (2) LOSS OF BUSINESS OR GOODWILL, (3) LOSS OF OR DAMAGE TO DATA, (4) INCIDENTAL OR SPECIAL LOSS, (5) WASTED OR LOST MANAGEMENT TIME, OR (6) INDIRECT OR CONSEQUENTIAL LOSS ARISING FROM USE OF OR ACCESS TO THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.

7. Data Security

Please read our Security of data transfers from the Privacy Policy.

Electronic messages sent to and from Banque Thaler
The Internet is an universally accessible medium. Ordinary E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may circulate across national borders, even if both sender and recipient are located in the same country. You are therefore recommended to communicate with Banque Thaler by using a secure channel if such channel is provided by Banque Thaler. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data.
Unless explicitly stated otherwise, Banque Thaler does not accept any orders or instructions sent by E-mail or any other electronic messaging system.
Banque Thaler shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to Banque Thaler using ordinary E-mail or any other electronic messaging system.

8. Links to and Content of Third-Party Websites

Activating certain links on this Site may cause you to leave this Site. Such links, addresses or hyperlinks are provided solely for your convenience and information. Banque Thaler does not guarantee the authenticity of any website linked to the Site and does not accept any liability for their contents, the offered products or services or any other offers ro the contents of off-site pages or any other linked website. Using links from this Site to any website not owned by Banque Thaler is at your own risk.

9. Assignment, Subcontracting and Delegation

These Terms are for the benefit of Banque Thaler its successors and assigns. Banque Thaler may assign or transfer any of its rights under these Terms. Banque Thaler may delegate or subcontract the performance of any obligation under these Terms.

10. Severability Clause

To the extent that any provision of these Terms is found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be part of this disclaimer but such finding shall not affect the validity, lawfulness or enforceability of the remainder of these Terms in that jurisdiction, nor shall it affect the validity, lawfulness or enforceability of these Terms in any other jurisdiction.

11. Conflict with Additional Terms

Certain web pages or areas on the Site may contain additional terms, conditions, disclosures and disclaimers (together “Additional Terms”). In the event of a conflict between these Terms and the Additional Terms, the Additional Terms will govern for those web pages or areas.

Last update in August 2013.