1. Purpose and features services of BCGE Trading online-Quotes
1.1 On its website https://trading-online-quotes.bcge.ch/en and its mobile app BCGE Trading online-Quotes (hereinafter, “Quotes”), Banque Cantonale de Genève (hereinafter, the “Bank”) provides financial information, including market prices and other useful information related to certain financial instruments, currencies and companies, as well as various tracking and notification tools (e.g. to create price listswatchlists and virtual portfolios, or to set up notifications for deadlines, limits and price changes). Quotes is intended solelyonly exists for informational purposes and does not enable. Users cannot use the platform to make transactions.
1.2 While Quotes is primarily intended for the Bank’s clients, all of its features services are also available to and can be used by other parties who are not clients of the Bank (clients and other parties will hereinafter be referred to as the “User(s)”). Simply accessing or using Quotes does not make the User a client of the Bank.
1.3 A description of all of Quotes’ features services and guidelines on how to use the platform are available on the Bank’s online support website (https://support.bcge.ch/en/trading-online). This website also describes other features of Quotes, including the stock markets it covers, display options for prices and the negotiability of financial instruments. The Bank reserves the right to modify, remove or add all or part of Quote’s content and featuresservices , as well as the guidelines available on the online support website, at any time and without prior notice. These guidelines are not exhaustive and in and of themselves do not suffice to ensure that the User fully understands or correctly interprets the information provided on Quotes. The guidelines are provided for informational purposes only and the Bank accepts no liability in connection with their use.
1.4 By accessing Quotes, the User confirms that they have read, understood and accepted these terms Terms and conditions Conditions of use. If this is not the case, the User shall refrain from accessing Quotes.
2. Access to Quotes and legal restrictions
2.1 All Users can access Quotes on their web browser at the address https://trading-online-quotes.bcge.ch/en or on the mobile app BCGE Trading online-Quotes. Users who are clients of the Bank and have access to the BCGE Netbanking platform can also access Quotes directly from their Netbanking account.
2.2 In order to take advantage of all of Quotes’ tracking and notification services (e.g. to create price listswatchlists, limit lists or portfolios), the User first has to create an a user account in accordance with the terms and conditions described on Quotes. The lists and portfolios that the User creates on Quotes may be deleted by the Bank at any time, without any justification, provided that the User is given advanced notice in writing.
2.3 The Bank reserves the right to restrict or block access to all or part of Quotes, temporarily or permanently, at any time and without providing any justification. The Bank shall not be held liable for any damages that result if the User cannot access Quotes, or its content or featuresservices .
2.4 Persons who, because of their place of residence or for any other reason, are subject to jurisdictions that prohibit or restrict their access to Quotes, and to the information, products and features services it contains, shall refrain from accessing Quotes. More specifically, the information published in the “Investment funds” section of Quotes is exclusively intended for persons domiciled in or with a registered office in Switzerland; persons who reside in or have a registered office in another jurisdiction are not authorised to access this section. The Bank declines all liability responsibility if any foreign legislation is violated in connection with the User’s access to or use of Quotes.
2.5 The products featured on Quotes may be subject to sales restrictions related in particular to the investor’s place of residence or profile (for example, a qualified or non-qualified investor, as defined in the Federal Act on Collective Investment Schemes). Before making any investment decisions, the User alone is responsible for obtaining information on any restrictions that may apply to the product in question and ensuring that these restrictions are complied with.
3. No offer, recommendation or advice, and a risk warning on the risks involved
3.1 The information available on Quotes does not constitute an offer or solicitation to buy, sell or carry out any transactions with financial instruments, or to enter into any kind of legal transaction, nor is it intended to provide recommendations. It is only intended for informational purposes. The content of Quotes is not intended for promotional marketing purposes, unless expressly described as such for a specific product or service. It does not constitute “financial research”, as defined in the “Directives on the Independence of Financial Research” of the Swiss Bankers Association. Furthermore, any news marketing content published on Quotes is not necessarily a reflection of the Bank’s opinions and positions.
3.2 The Bank does not provide any legal, tax or investment advice through Quotes. It provides no guarantee that the products featured on Quotes are suitable for compatible with the User’s risk profile, personal situation and investment goals. Before making any investment decisions, the User should consult a trained professional who can provide the User with personalised advice.
3.3 In order to make an informed decision, the User is responsible for obtaining information on the specific features of each product that they want to invest in, the terms and conditions and potential restrictions that may apply to them, and the inherent risks associated with each product. In particular, it is the User’s responsibility to closely read the most recent documentation on the product (e.g. prospectus, term sheet, KIID, annual and half-year reports), which should be available in digital form on Quotes, as well as the “Risks involved in Trading Financial Instruments” brochure from the Swiss Bankers Association. Some products, such as structured products, are particularly complex and can incur higher risk for the investor.
3.4 The past performance of an investment is not indicative of future performance. Quotes displays the value of and income derived from financial instruments , but these numbers can fluctuate in both directions. The User is aware that there is a risk that they may not recover all or part of the capital that is initially invested. Performance data does not take into account fees related to the purchase, holding or sale of financial instruments.
3.5 The User makes investment decisions based on their own judgement and shall alone be responsible for any risks involved. The Bank shall not be held liable for the consequences of any decision based on the content on of Quotes.
4. No guarantee Disclaimer of warranty related to the content provided
4.1 The information on Quotes is provided by expert external service providers. While these sources have been carefully selected and are considered to be reliable, the Bank cannot guarantee that the information provided is accurate, reliable or complete. This information is provided for reference purposes only and the Bank may not be held liable for it.
4.2 The information provided on Quotes is liable to change at any time, without prior notice. The Bank and its service providers have no obligation to withdraw, flag or update any information that has been published but is no longer up to date. Any dated information shall only be valid on its date of publication.
4.3 The User’s attention is drawn to the fact Users should be aware that certain prices on Quotes may be delayed andcertain prices on Quotes are not publisheddisplayed in real time. There may be a delay of fifteen to twenty minutes. In some cases, prices may correspond to the previous day’s closing prices (end of day). More detailed information on the timeframe for updating market data is available on the Bank’s online support website (https://support.bcge.ch/en/trading-online).
4.4 Quotes will not necessarily display prices from all stock markets on which a given security is traded; prices may vary from one stock market to another. Users can find a list of all the main stock markets available on Quotes on the Bank’s online support website (https://support.bcge.ch/en/trading-online). This website also contains additional information on potential disparities in prices between different stock markets.
4.5 To the extent provided for under the law, the Bank declines all liabilityresponsibility for any damages the User may be subject to as a result of any errors, gaps or delays that impact Quotes’ content or the notifications set up by the User. The Bank shall not be held liable if the User misunderstands or does not correctly interpret the information provided on Quotes. The User alone shall be liable for all risks and damages that may result from using Quotes, its content and its featuresservices .
5. Risks related to using technical systems
5.1 The User is aware that by using the internet, computing devices and telecommunications networks, they are exposing themselves to a number of risks that the Bank may not be held liable for (e.g. an unauthorised third party accessing the system, viruses or malware, or fraudulent attempts by third parties to obtain personal data). The User must take all necessary precautions to protect their own equipment and systems.
5.2 The User is aware that all information provided on Quotes is transmitted on the internet, which has no borders. There is the risk that a third party intercepts or alters the information, even if the platform is protected by the most advanced encryption and security technology. Furthermore, third parties may deduce that the User has a business relationship with the Bank based on their use of Quotes.
5.3 The Bank does not guarantee that Quotes will function continuously, or that it is free of errors, viruses or any other technical issues. The Bank declines all liabilityresponsibility for any damages the User may be subject to due to technical issues that affect the User’s access to or use of Quotes (e.g. traffic overload, viruses, service disruptions, transmission delays or failures), to the extent provided for under the law.
6. Data Protection
6.1 The processing of the User’s data is governed by the Bank’s Data Protection Notice.
7. Intellectual property rights
7.1 All rights, titles and interests (in particular, copyrights, trademarks, patents and other intellectual property rights) related to the content of Quotes (in particular, the texts, data, images and logos) remain the property of the Bank or the relevant third-party owner.
7.2 Printing or downloading pages or parts of pages from Quotes is prohibited unless it is for private use, on condition that all copyrights and other types of intellectual property rightsproprietary designations are maintainedrespected .
7.3 Subject to the foregoing, any copy, reuse, distribution, publication, reproduction, transmission, derivation, licensing or use of all or parts of Quotes is prohibited without prior written authorisation from the Bank.
7.4 “BCGE”, “BCGE Netbanking”, “BCGE Online Trading” and “BCGE Trading online-Quotes” are registered trademarks of the Bank. Quotes may contain trademarks belonging to third parties. Pursuant to Article 7.2, the User is not authorised to use, reproduce or distribute these trademarks without prior written authorisation from the Bank or, if applicable, the owner of the intellectual property rights in question.
8. Linked websites
The Bank declines all liabilityresponsibility for the content of other websites that are linked to or lead to Quotes.
9. Changes to the terms Terms and conditionsConditions
The Bank reserves the right to change or withdraw these Terms and Conditions at any time. The User will be notified of any changes by any means deemed appropriate by the Bank. The User shall refrain from accessing and using Quotes if they do not accept or do not understand the modified Terms and Conditions.
10. Additional provisions for clients of the Bank
For Users who are also clients of the Bank, the Bank’s General Terms and Conditions, the Conditions of useUser Conditions for BCGE Netbanking and all other specific provisions that govern any of the Bank’s services and products subscribed to or used by the client shall also apply.
11. Applicable law and place of jurisdiction
11.1 Any legal relationship between the Bank and the User that arises from these Terms and Conditions are subject to Swiss law.
11.2 The place of execution and the place of jurisdiction for all proceedings is Geneva, with the exception of the right of appeal to the Swiss federal Federal Supreme Ccourt in Lausanne. However, the Bank reserves the right to commence proceedings in the User’s domicile or before any other competent court.
This is a free translation of the French original version. If there are any discrepancies, the French version shall prevail.