1. AGREEMENT
By using this Julius Baer App and any of its functions and/or services (hereafter the "App"), you confirm that you have reviewed, understand and agree to the following important legal information and terms of use (the “Terms”). If you do not agree to the Terms, please exit and uninstall the App from your electronic device immediately.
These Terms will govern any updates provided by any member of the group of companies controlled by Julius Baer Group Ltd. (individually and together “Julius Baer”) that replace and/or supplement the original App, unless such update is accompanied by a separate license in which case the terms of that license will govern.
The App is licensed, not sold, to you for use only under these Terms, unless the App is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern. Julius Baer reserves all rights not expressly granted to you.
The Terms are subject to change at any time and access to, and use of the App may be restricted or terminated at any time.
In case of conflicts of these Terms with other terms of third parties, these Terms shall prevail.
If a part of these Terms is or becomes invalid or unenforceable, the remainder of these Terms shall remain unaffected and the invalid or unenforceable part shall be substituted by a wording that comes as close as legally possible to the original part.
Julius Baer makes no representation that the App is appropriate or available for access and use in any particular location. To the extent you choose to access and use such App or third party materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Julius Baer, and its licensors, reserves the right to change, suspend, remove, or disable access to any App at any time without notice. In no event will Julius Baer be liable for the removal of or disabling of access to any such App. Julius Baer may also impose limits on the use of or access to certain App, in any case and without notice or liability.
The App may enable access to Julius Baer’s and third party’s services and web sites. Use of such services may require internet access and that you accept additional terms of service or use.
In addition, access to the App might also be subject to the laws applicable in the relevant jurisdiction from which the same is being accessed.
The access to and the use of the App as well as the Terms are governed by Swiss law without regard to its conflict of law provisions. The exclusive place of jurisdiction is Zurich, Switzerland.
2. NO OFFER, NO ADVICE
The information, products, data, services, tools and documents contained or described on this App (the “Content”) are for information purposes only and constitute neither an advertisement or recommendation nor an offer or solicitation to buy or sell investment instruments, to effect any transaction or to enter into any legal relations.
The financial products mentioned on this App are not suitable for all investors. Prior to making investment decisions investors should conduct a thorough investigation and obtain all necessary professional advice for all issues, including your eligibility to make such investment in terms of the law applicable to this transaction.
Nothing on this App constitutes investment, legal, accounting or tax advice, or a representation that any investment or strategy is suitable or appropriate for individual circumstances, or otherwise constitutes a personal recommendation for any specific investor. Julius Baer recommends that investors independently assess, with a professional advisor, the specific financial risks as well as legal, regulatory, credit, tax and accounting consequences.
3. LOCAL LEGAL RESTRICTIONS
The App and its Content are not intended for use by or distribution to any individual or legal entity in any jurisdiction or country where such distribution, publication or use would be contrary to the law or regulatory provisions or in which Julius Baer does not hold the necessary registration or license. 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 App.
Some entities, services and products of Julius Baer may not be registered or licensed under legal and regulatory provisions governing financial services or products and their providers in certain countries, including the United States. If in doubt, please contact Julius Baer.
4. NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE ACCESS AND THE USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND “AS AVAILABLE”. Julius Baer provides no warranty and makes no representations of any kind whatsoever regarding: (1) the currency, accuracy or completeness of the Content; (2) the results to be obtained by any user of the App; or (3) any third party content accessible on or through the App.
Except to the extent required by current laws and/or regulations, Julius Baer, including its directors, agents, employees or subcontractors: (1) disclaims any and all express or implied warranties and conditions including without limitation warranties and conditions as to quality and fitness for a particular purpose; and (2) does not warrant that the App, 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 App, the servers from which it is available or any connected electronic channel are free of viruses, trojan horses, worms, software bombs or similar items or processes or other harmful components. 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 electronic messages or e-mails of unknown origin or unexpected attachments.
Any data, including but not limited to financial market data, quotes, notices, research or other financial information accessible through this App, has been obtained from carefully selected sources believed to be reliable. All such information is provided to the user "as is" without express or implied warranties of any kind, including warranties of quality, originality, non-infringement of intellectual property or fitness for any particular purpose.
The information and opinions on the App are descriptive of Julius Baer 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 App does not make him a client of Julius Baer and you are requested to refer to paragraph 3 above.
Any expressions of opinion, estimates and projections on the App are those of the authors at the date of writing. They do not necessarily reflect the view of Julius Baer and are subject to change at any time without prior warning. Julius Baer 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.
5. NO LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS AND/OR REGULATIONS, JULIUS BAER, INCLUDING ITS DIRECTORS, AGENTS, EMPLOYEES, SUB-CONTRACTORS AND ITS SALES PARTNERS DISCLAIMS ANY AND ALL LIABILITY FOR LOSSES OR DAMAGES (DIRECT OR INDIRECT) OF ANY KIND WHATSOEVER ARISING DIRECTLY OR INDIRECTLYAS A RESULT OF (1) THE CONTENT, ACCURACY, COMPLETENESS OR OTHERWISE OF THE CONTENT OR ANY LINKS OR THIRD PARTY CONTENT; (2) ANY ERRORS IN OR OMISSIONS FROM THE APP; (3) USE OF OR ACCESS TO THE APP; (4) ANY INABILITY TO ACCESS OR USE THE APP FOR ANY REASON.
TO THE FULL EXTENT PERMITTED BY THE APPLICABLE LAWS AND/OR REGULATIONS, JULIUS BAER 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 OR DAMAGE, (5) WASTED OR LOST MANAGEMENT TIME, OR (6) INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM USE OF OR ACCESS TO THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE OR IF SUCH LOSS OR DAMAGE WAS FORESEEABLE.
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law.
6. PROPRIETARY INFORMATION
Unless accompanied by an explicit statement to the contrary, this App and all Content on this App is protected by copyright, database rights, or other intellectual property rights, and is the property of Julius Baer.
The right granted to you by Julius Baer for the access and use of the App is limited to a non-transferable license to access and use the App on a device that you own or control and as permitted by the rules set forth in the Terms and Conditions of the relevant app store. This license does not allow you to access and use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, distribute, redistribute or sublicense the App.
You agree that you will not access and use such proprietary Content, information or materials in any way whatsoever except for permitted access and use of the App. You further agree not to access and use the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Julius Baer is not in any way responsible for any such access and use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of accessing and using the App.
Except as otherwise specifically agreed in writing or to the extent necessary to access and use the App in accordance with these Terms, you shall not: (1) copy the App 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 App or the Content in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity; (3) embed the App into other products; (4) use the App in any timesharing arrangement; (5) create function calls or other embedded links from any software program to the App; (6) remove or obscure any copyright notice of Julius Baer or any of its suppliers; (7) use any trademarks, service marks, domain names, logos, or other identifiers of Julius Baer 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 App. Any attempt to do so is a violation of the rights of Julius Baer and its licensors.
Nothing on the App is designed to grant any license or right to use any image, trademark or logo. No act of downloading or otherwise copying from the App will transfer any legal entitlement to any software or material on the App to you. Julius Baer reserves all intellectual property rights (such as copyright and trademark rights) to all material on the App, and will enforce such rights to the full extent of the applicable law.
7. THIRD-PARTY CONTENT
Statements on this App may contain, display or make available content, data, information, applications, services or materials from third parties or provide links to certain third party web sites (“Third Party Materials”).
By using the App, you acknowledge and agree that Julius Baer is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Julius Baer does not warrant or endorse and does not assume any liability or responsibility to you or any other person for any third party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Location data provided by any App is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed.
Reproduction and distribution of Third Party Materials in any form is prohibited except with the prior written permission of the related third party. Third Party Materials providers do not guarantee the accuracy, completeness, timeliness or availability of any information, including ratings, and are not responsible for any errors or omissions (negligent or otherwise), regardless of the cause, or for the results obtained from the use of such content. THIRD PARTY MATERIALS PROVIDERS GIVE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THIRD PARTY MATERIALS PROVIDERS shall not be liable for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or profits and opportunity costs) in connection with any use of THIRD PARTY MATERIALS, INCLUDING ratings. Credit ratings are statements of opinions and are not statements of fact or recommendations to purchase, hold or sell securities. They do not address the market value of securities or the suitability of securities for investment purposes, and should not be relied on as investment advice.
In addition, Third Party Materials that may be accessed from, displayed on or linked to from your devise are not available in all languages or in all countries.
8. MATERIAL INTERESTS
Julius Baer and/or its board of directors, executive management and employees may have or have had interests or positions or traded or acted as market makers in securities referred to on the App. Furthermore, such entities or persons may have or have had a relationship with or may provide or have provided corporate finance or other services to or serve or have served as directors of companies referred to on the App.
9. INVESTMENT PERFORMANCE
The past is not an indication of the future performance of an investment. The value of investments may be subject to fluctuations and investors may not get back the amount invested. Changes in rates of foreign exchange may also cause the value of investments to go up or down.
10. MONITORING
Please note that all your actions while using this App may be recorded and analysed for various purposes, including security, marketing and system monitoring purposes.
11. BANK CLIENT CONFIDENTIALITY AND DATA PROCESSING
When you register for the usage of this App or when using it, Julius Baer collects and processes certain data relating to you. Further, such data is transported over an open network which is accessible to third parties and which cannot be regarded as a secure environment when using the App. This may result in such data being disclosed. In particular, data may leave the country – even where both sender and recipient are in the same country – and may be transmitted to and potentially stored in a third-party country. Where data is transmitted via an open network, Julius Baer cannot be held responsible for the protection of this data and Julius Baer accepts no responsibility or liability for the security of your data during transmission.
Further please note that data transferred abroad is governed by the respective foreign law. Subsequently, Julius Baer can give no guarantee in regard to the safeguard of the bank client confidentiality. Consequently, with the use of the App, you understand and agree that certain data relating to you will be disclosed to third parties (including third parties domiciled in other jurisdictions) and are therefore outside of control of Julius Baer and are not subject to bank client confidentiality any longer.
For further information on the kind of data collected, the purpose for which it is collected, how it is processed, to whom it may be disclosed and the security measures that have been put in place to protect it, please consult the Julius Baer Data Privacy Policy under the following link:
12. MARKETING AND RESEARCH
This App may contain information on marketing and research material. Please note that restrictions may apply depending on your domicile/place of business and the Julius Baer entity concerned. When obtaining access to such information you are required to pay particular attention to any accompanying legal information.
13. ASSIGNMENT, SUBCONTRACTING AND DELEGATION
These Terms are for the benefit of Julius Baer its successors and assigns. Julius Baer may assign or transfer any of its rights under these Terms. Julius Baer may delegate or subcontract the performance of any obligation under these Terms.
14. TERMINATION
The license to use this App and these Terms are effective until terminated by you or Julius Baer. Your rights under this license will terminate automatically without notice from Julius Baer if you fail to comply with any part of these Terms. Upon termination of the license, you shall cease all use of the App, and destroy all copies, full or partial, of the App.