Terms & Conditions
Copyright © 2009 Deutsche Bank AG
By using the db x-trackers website, you agree to be bound by the following terms and conditions.
1. No offer
The information contained on the db x-trackers website does not constitute or form part of any offer, or invitation, to buy or to sell, or solicitation of any offer to subscribe for or to buy or to sell, shares or other securities of db x-trackers in any jurisdiction.
In particular, in order to comply with applicable laws and regulations, different contents on the db x-trackers website are designed for residents of different jurisdictions. You need to specify your jurisdiction of residence when you use the db x-trackers website. If your jurisdiction of residence is not listed, you may not enter the db x-trackers website. You should only browse and/or download contents designed for your jurisdiction of residence. db x-trackers and its manager and Deutsche Bank AG and its affiliates disclaim all responsibility if you browse and/or download any contents designed for jurisdictions other than your jurisdiction of residence in breach of any applicable laws and regulations.
2. Pricing Levels and Valuations
Pricing levels and valuations published on the db x-trackers website are indicative and they and other information displayed thereon are for information purposes only. Such information is provided on an “as is” basis. None of db x-trackers or its manager or Deutsche Bank AG and/or its affiliates (“DB”) or any information provider makes any express or implied warranty of any kind regarding the information on the db x-trackers website. None of DB or the information providers will be liable to anyone for any interruption, inaccuracy, error or omission, regardless of cause, in the information on the db x-trackers website or for any kind of damages as a result.
3. No investment advice
Information made available on the db x-trackers website should not be considered as investment advice or any form of recommendation to purchase or sell products described thereon.
4. Hong Kong Prospectus
included in the latest version of the Hong Kong Prospectus issued by db x-trackers. Copies of the Hong Kong Prospectus and the semi-annual and annual reports are available at www.dbxtrackers.com.hk and may be obtained from the registered office of db x-trackers, located at 49, avenue J.F. Kennedy, L-1855 Luxembourg, R.C.S. Luxembourg B-119 899, or at the registered office of the Hong Kong Representative (RBC Dexia Trust Services Hong Kong Limited) located at 51/F, Central Plaza, 18 Harbour Road, Wanchai, Hong Kong. Alternatively, prospective investors may contact Deutsche Bank AG, Hong Kong Branch, 48/F, Cheung Kong Center, 2 Queen's Road Central, Hong Kong SAR – China (Hotline: +852 2203 6886, e-mail: info.dbx-trackers@db.com, Bloomberg DBETF | Reuters DBETF).
5. Historical performance
Past performance information contained on the db x-trackers website is not indicative of future results. The products may fall in value as rapidly as it may rise and you may sustain a total loss of your investment. You should therefore ensure that you understand the nature of the products and carefully study the risk factors set out in the Hong Kong Prospectus and, where necessary, seek professional advice before you invest in the products.
6. Liquidity
You should note that there may be only one securities market maker in respect of a db x-trackers exchange traded funds. Such securities market maker may be the only market participant in respect of the db x-trackers exchange traded fund and the secondary market for such exchange traded fund may be limited.
7. No warranties for contents
Although best efforts have been used to ensure that the information set out on the db x-trackers website is reliable or reproduced from sources which DB believe to be reliable as at the date of publication, no warranty is made as to its accuracy, completeness and adequacy. Any opinions expressly stated to be from DB may change without notice. DB has no obligation to update, modify or amend any information on the db x-trackers website or correct any inaccuracy which subsequently becomes apparent.
8. Use of the db x-trackers website
8.1. Changes of the db x-trackers website
DB reserves the right to partly or completely change the db x-trackers website at any time and to restrict, interrupt or terminate its service.
8.2. Changes of General Terms and Conditions of Use
DB reserves the right to modify or amend these terms and conditions at any time.
9. Copyright and Trademark
Except where expressly stated, DB is the sole owner of all intellectual property rights in all the contents and design of the db x-trackers website and any logos or trademarks displayed on the db x-trackers website. You may use the materials on the db x-trackers website for your personal and non-commercial reference only. You may not reproduce, republish, distribute, translate, transmit, display, broadcast or otherwise exploit any materials on the db x-trackers website, or use any logos or trademarks displayed on the db x-trackers website, without the prior written consent of DB and/or such other relevant third party owner of intellectual property rights.
10. Safety of Communication
Communications over the Internet and by e-mail cannot be guaranteed to be secure. There is a risk that information contained within an e-mail communication and any attachment thereto, including potentially confidential information, may be intercepted, lost, destroyed or delayed in transmission. Although DB will use reasonable efforts to minimise such risk, it does not warrant that any communication or e-mail or any attachments thereto, that is sent out, will be free from viruses, worms or other harmful components.
11. Hyperlinks
Certain hypertext links on the db x-trackers website may lead the user to websites that are not under the control or charge of DB. When the user clicks on such a link, he leaves the db x-trackers website. DB has no control over the materials on such third party websites and accept no responsibility for their contents. These hyperlinks should not be considered as any endorsement by DB of the related materials. Please note that you will be subject to the terms of use and privacy policy of the other website that you are going to visit.
You may not establish a hyperlink to any page of the db x-trackers website without the prior written consent of DB.
12. Governing Law; Jurisdiction
12.1. Governing Law
These terms and conditions are exclusively governed by and shall be construed in accordance with Hong Kong law.
12.2. Jurisdiction
Each user is subject to the exclusive jurisdiction of the courts of Hong Kong in respect of any disputes arising under these terms and conditions.
13. Severability
If at any time any provision (or part of any provision) of these terms and conditions is, or becomes, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any other part of this provision) of these terms and conditions.
14. Selling restrictions
The products described on the db x-trackers website are not eligible for sale in all countries and in any event may only be sold to qualified investors. The Hong Kong Prospectus contains information as to the selling restrictions applicable to any particular product and the user should read them carefully.
In particular, the following restrictions apply:
Residents of the United States of America:
The information set out in the db x-trackers website is not directed to the United States. US persons (as defined in Regulation S under the US Securities Act 1933) may not enter the db x-trackers website. Information from the db x-trackers website may not be distributed or redistributed into the United States or into any jurisdiction where it is not permitted. The db x-trackers exchange traded funds have not been and will not be registered under the US Securities Act of 1933 and trading in the db x-trackers exchange traded funds has not been approved for purposes of the US Commodities Exchange Act of 1936. The db x-trackers exchange traded funds may not be offered or sold to US citizens persons.
The products described on the db x-trackers website are only offered or sold to persons in any other jurisdiction, if applicable law permits this.
15. Language
In the event of any inconsistency between the Chinese translation of these terms and conditions and the English version of these terms and conditions, the English version of these terms and conditions shall prevail.
16. Publication
The information in the db x-trackers website is deemed to be published by Deutsche Bank AG, Hong Kong Branch.