Introduction, application of terms and conditions
It is important for you to familiarize yourself with these terms and conditions governing communication by electronic mail, also known as e-mail.
Communications by electronic mail (i.e., e-mails) and any attachments thereto that are sent by Banque Cantonale Vaudoise (hereinafter: “BCV”) to which these terms and conditions apply (hereinafter: the “Electronic Mails”) are sent at your request (expressly or by sending e-mail to BCV) or with your prior consent (written or oral), on the terms and conditions set forth herein, which you expressly agree to and accept.
Addressee of the electronic mail
Electronic Mails may contain proprietary and confidential information that in certain cases is legally protected, in whole or in part.
Electronic Mails are written solely for the addressee(s) mentioned, and no other person is authorized to read them. If you are not the addressee of the Electronic Mails, you are requested to inform the author immediately, to return the Electronic Mails to the author and to delete the Electronic Mails and all copies thereof recorded on your system.
Under no circumstances may Electronic Mails be disseminated, disclosed publicly, distributed or copied without BCV's prior consent.
You acknowledge that it is possible to usurp another person's identity when information is sent in the form of electronic mail. If you believe that unauthorized third parties may be aware of your address and are using the system for their advantage, you must immediately inform BCV and request that your address no longer be used as a means of communication for sending Electronic Mails. You assume the risks and consequences resulting from any manipulation of your address.
When Electronic Mails are sent, your data will pass through a public network that is accessible to everyone . In addition, the data may cross international borders, even if the sender and the addressee reside in the same country. If the transmission is not encrypted, the content of Electronic Mails may be read by anyone, and even if the transmission is encrypted, the indication of the sender and the addressee is not encrypted. Therefore, there is still a possibility that third parties will have access to this information and be able to figure out that there are contacts between you and BCV, and that they will intercept and/or alter the content of the electronic messages. You assume the risks and the consequences resulting from access to the information, interception of the information and/or alteration thereof.
Without stating its reasons, BCV may at any time, but shall not be required to, refuse to accept information or orders received by electronic mail and ask you to furnish another proof of your identity. BCV is not liable for any damage caused by any refusal or delay in this regard.
BCV reserves the right to inspect all communications by electronic mail sent via its networks.
It is possible that the products and services presented in the Electronic Mails are not available or authorized for persons subject to a jurisdiction other than Switzerland (because of their nationality, their place of residence or for any other reason). It is up to you to consult your advisors and find out about any selling restrictions that apply to the products and services in question.
Moreover, you acknowledge that you are aware that the jurisdiction to which you are subject (because of your nationality, your place of residence or for any other reason) may prohibit or restrict the import, export and use of coding algorithms. It is up to you to consult your advisors in this regard and ensure compliance with any rules applicable to you governing the import, export and use of coding algorithms.
no recommendation; performance
Except as otherwise indicated, Electronic Mails are prepared for information purposes only and do not constitute an offer, a solicitation or a personal investment recommendation. Except as otherwise indicated, the information contained in Electronic Mails is not financial analysis within the meaning of the Swiss Bankers Association directive on the independence of financial analysts.
The risks involved in certain investments (including but not limited to derivatives in any form whatsoever, investments in unconventional funds or in emerging markets) are not appropriate for all investors; it is up to you to consult the prospectuses and the regulations (which may be obtained free of charge, in the case of investment funds authorized in Switzerland, from the fund managers and/or their representatives), to contact your advisors for a specific evaluation of your risk profile, and to inform yourself of the risks involved in any decision, in particular by consulting the SwissBanking brochure on Risks Involved in Trading Financial Instruments, before engaging in any transaction. Structured products, synthetic products and warrants are not collective investment funds in the sense of the Swiss Collective Investment Funds Act (LPCC) and are not subject to authorization or supervision by the Swiss Financial Market Supervisory Authority (FINMA). As a result, investors are not protected by the Swiss Collective Investment Funds Act. Investors are exposed to issuer risk, and the value of investments depends not just on the underlying(s), but also on the issuer’s financial situation, which may change during the life of the product.
Reliability of information; confirmation
BCV strives to carefully select the information that it circulates using electronic mail; however, it cannot give any warranty that such information is accurate, reliable or exhaustive. Any decision made on the basis of this information is therefore made at your own risk, and BCV waives any and all liability for any direct or indirect loss or damage that may result therefrom.
Regardless of whether the information contained in BCV electronic mails refers to a prospective transaction or a transaction that is underway or one that has already been executed, such information does not constitute a confirmation or an official statement of the transaction. Such confirmation or official statements are sent by BCV using the conventional channel agreed to specifically with you. If there is any discrepancy whatsoever between the terms appearing in electronic mails from BCV and those used in a confirmation or an official statement of a transaction sent by BCV, the terms of the confirmation or official statement will prevail. If you disagree with the details of the transaction, you must immediately contact your advisor at BCV.
In addition, BCV reserves the right to modify the information that it circulates by Electronic Mails at any time without notice.
Interests in third parties
BCV, its affiliated companies and/or their directors, officers and employees may hold or have held interests or positions in certain securities, which they may buy or sell at any time, or may have acted or traded as market makers. They may have or have had business relationships with the issuers of certain securities, or provide or have provided them with corporate finance services, capital market services or any other financial services.
Disclaimer of warranty
BCV, its directors, officers, employees, affiliates and shareholders, and any third-party information providers, and their directors, officers, employees, affiliates and shareholders, disclaim all liability for direct and indirect loss or damage of any nature whatsoever resulting from the use of the electronic mail or the use of the information or notices transmitted by electronic mail or from your inability to access or use the information or notices transmitted by electronic mail. In particular, BCV and its directors, officers, employees, affiliates and shareholders shall not be liable for any loss or damage incurred as a result of a technical or other error, failure to transfer information, system overload, difficulty in use, an interruption in service (including but not limited to maintenance service), a delay in the transmission of information, an incompatibility between the Electronic Mails and your files and/or software (including your browser) and/or computer, a malfunction or interference, the transmission of a virus or worm to your computer, illegal access (e.g. by hackers), the intentional blocking of telecommunications tools and networks (e.g. as a result of a mass e-mail or denial of access attacks) or any other error or omission by telecommunications or network service providers.
For security reasons, BCV may record telephone conversations on telephone lines whose numbers appear in the Electronic Mails (and particularly those in the trading room) without prior notice. Theserecordings are regularly erased on a schedule determined by BCV.
Trademark and copyright protection
The logo and the trademarks of Banque Cantonale Vaudoise and BCV are protected by law. The information appearing in the Electronic Mails are subject to BCV's copyright. All rights are reserved for third-party copyrights.
Use of the information contained in the Electronic Mails sent by BCV for advertising or commercial purposes is prohibited without BCV's prior written consent.
If any provision of these terms and conditions is not valid, lawful or enforceable under any law, this shall not cause the remaining provisions hereof to be invalid, unlawful or unenforceable. The invalid, unlawful or unenforceable provision shall be replaced by a valid, lawful, enforceable provision that is as close as possible to the meaning and intent of the invalid clause.
Governing law and jurisdiction
All legal relations between you and BCV shall be governed by Swiss law.
The place of performance, the exclusive place of jurisdiction for any types of proceedings and the place of proceedings for debt collection or bankruptcy (but with respect to the latter, only if you are not domiciled in Switzerland) shall be the location of BCV's headquarters in Lausanne, subject to any compulsory jurisdiction provided for by applicable Swiss law and the international conventions ratified by Switzerland. The foregoing notwithstanding, BCV shall be entitled to file suit at your domicile or in any other court of competent jurisdiction.
Amendment of terms and conditions
BCV reserves the right to amend the terms and conditions for electronic mail communication at any time. These amendments will be shown on the BCV website, which can be accessed by clicking on the link in the electronic mails sent by BCV. By viewing the Electronic Mails and using this means of communication, you expressly agree to such new terms and conditions.