Terms and conditions

Terms and conditions

Legal information

1. Acceptance of these terms and conditions of use

By accessing and using the BCVs Website (hereinafter referred to as ‘the Website’), including its component pages, pop-ups and pages to which the user is redirected, you confirm that you have understood the significance of these provisions and hereby explicitly agree with the terms and conditions stipulated below. We would also recommend you consult additional legal information in force in your own country. If you do not agree to the terms and conditions outlined below, we would ask you kindly not to use this Website. 
If you are a minor, using this Website is only allowed if you have been authorised to do so by the person with the requisite parental authority to permit it.

2. Restrictions on access to the Website on the grounds of your location 

This Website is exclusively aimed at natural and legal persons (individuals and legal entities) as well as associations and companies having their domiciles or registered head offices in Switzerland. By accessing this Website, you are explicitly confirming that you are resident in Switzerland. In particular, this Website is not intended for persons or entities subject to legal regimes which ban the publication of or access to this Website (on account of the relevant person’s nationality, place of domicile, place of residence or on any other grounds). Persons to whom such restrictions apply are not authorised to access this Website or to use it. This principle applies, most notably, to persons resident in a European Union country, the United Kingdom, the United States of America or Canada.

Products and services presented on this Website are authorised for sale in Switzerland. Under no circumstances do they constitute an offer of products or services intended for natural or legal persons domiciled outside Switzerland. In particular, they are not intended for persons who, on account of their nationality, business head office, domicile or other grounds, are subject to a legal provision banning foreign financial service providers from conducting business in their country or prohibiting or restricting natural or legal persons subject to such legal regulations from accessing websites of foreign financial service providers. Access to this Website is prohibited for persons subject to such restrictions. This is particularly the case for those persons having their domicile in the United States of America, Canada and all other states or countries whose legislative provisions ban or restrict the publication of financial information by foreign financial service providers.

Banque Cantonale du Valais (BCVs) is not liable for any transmission of documentation relating to services which might not be authorised by law or national regulations in your country of domicile, in the country of which you are a national or on any other grounds prohibiting it.

By using this Website, you are hereby declaring that you are familiar with regulations imposed by the legal framework applicable to you. BCVs cannot be held liable in the event of any prohibited use of this Website.

3. Protection of copyright, trademarks and brands, licences and other intellectual property rights

All material on this Website (text, charts, images, etc.) is the property of BCVs. It is protected by copyright (all rights reserved). The BCVs brand, together with its associated logos, are registered trademarks. The presence of these brands and trademarks on the Website provide no right to use them.

No information available on the Website may be downloaded, printed or reproduced without the BCVs name and its intellectual property rights being cited. If software, tools or other data from this Website are downloaded, printed or reproduced in any other way, all the intellectual property rights remain wholly owned by BCVs. Any downloading or printing of pages or specific segments from pages, reproduction or transmission (electronically or by any other means), amendment, installation of links or use of BCVs' Website or its logo for public or business purposes are prohibited without explicit authorisation obtained in advance and in writing from BCVs.

4. Content

No solicitation
This Website is exclusively provided for information purposes. None of the notices or information posted on this Website constitute, in any shape or form, an offer or a recommendation to buy/sell securities or financial instruments, or solicitation to undertake any transactions of another type. The information posted should not be misconstrued as being investment advice or any form of recommendation with the aim of buying or selling financial products, undertaking any type of transaction or concluding any legal operation whatsoever.

The information has a purely descriptive character, and no investment or other type of decision should be taken on the basis of the details posted on the Website. No product or service should, under any circumstances, be bought until a consultation or advisory interview has been held and/or until the relevant marketing material has been duly consulted. This documentation is available in Switzerland on application to BCVs customer advisers. You are and remain solely liable for the purchase and sale of any products and services as described on this Website.

BCVs strives to select all the information posted on this Website with the greatest care and attention. It cannot, however, provide any guarantee whatever as to the accuracy, reliability or comprehensiveness of this information. 

No instruction or order
BCVs explicitly states that it is not obliged to accept any orders, cancellation of orders or authorisations for business operations, such as payments, stock-exchange orders, instructions to open or balance accounts, blocking of accounts and credit cards, changes of address or other commercial acts, which are conveyed or forwarded to BCVs via the Website, subject to the proviso of any explicit arrangement to the contrary agreed in writing between you and BCVs. 

Linked sites
BCVs is not bound to check websites which you might be redirected to from this Website or which redirect you to this Website. BCVs assumes no liability as regards the content, accuracy, completeness or legality of these linked websites, nor can BCVs be held liable for any loss or damage incurred as a result of using such websites. BCVs recommends that you read the confidentiality and privacy policies of these linked sites. BCVs rejects all liability concerning consultation of these websites. 

Authorisation from BCVs is required for setting up on a third-party website any link directing users to this Website.

Reliability of information
BCVs cannot be held liable in any way whatever and can provide no assurances whatever, either explicit or implied, or guarantees (also with regard to third parties) concerning the accuracy, reliability, comprehensiveness or up-to-dateness of information or notices posted on this Website, concerning the functioning of the Website, concerning the presence of errors or shortcomings that have not yet been corrected or for the presence of any other prejudicial or injurious items. All information on this Website can be amended at any time and without prior notice being given. 

Indications posted on this Website do not constitute guidance for settling legal or tax matters. No investment or other type of decision should be made on the basis of these indications. 

Financial information feed and indicators 
Financial information coming from the following markets is delayed as follows: 

•    SIX et Virt-X : by at least 30 minutes
•    Paris-Euronext: by at least 15 minutes
•    Xetra; Quelle; Deutsche Börse AG: by at least 15 minutes
•    NYSE and AMEX: by at least 20 minutes
•    NASDAQ: by at least 15 minutes
•    Dow Jones: by at least 15 minutes
•    Derivatives.com: by at least 15 minutes

Derivatives.com declines all liability concerning the accuracy of the data. 

S&P 500: "Copyright (c) 2002 Standard & Poor's"

Copyright and Ownership of intellectual property for DOW JONES index data: 
Data can only be used for subscribers' own personal and non-commercial use. The Dow Jones IndexesSM are compiled, calculated and distributed by Dow Jones & Company, Inc. and have been licensed for use. All content of The Dow Jones IndexesSM (c) 2002 Dow Jones & Company, Inc. 
Exclusion of guarantee - Removal of all representations and warranties Dow Jones and its affiliates, its sources, the CBOT (or other distribution agent) and its affiliate, and each of their respective officers, directors, members, employees, agents, representatives ("the Dow Jones parties") shall not be liable for any loss or damage, direct, indirect or consequential, arising from any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of, the indexes or any other information supplied ("the index data") or any decision made or action in reliance upon index data. The Dow Jones parties shall not be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages. In no event shall the cumulative liability of the Dow Jones parties arising out of any legal claim in any way connected to the index data exceed the BCVs fees paid by BCVs hereunder during the twelve (12) months prior to the incident giving rise to such claim. 
BCVs expressly acknowledges that the Dow Jones parties do not make any warranties, express or implied, to BCVs or subscribers with respect to the index data, including without limitation: any warranties with respect to the index timeliness, sequence, accuracy, completeness, currentness, merchantability, quality or fitness for a particular purpose of the index data or any warranties as to the results to be obtained by BCVs or subscriber, or any other person or entity in connection with the use of the index data.

BCVs assumes no liability whatever concerning the use of these data, especially their accuracy.

Performance
Future investment returns cannot be deduced from the track record of past price performance, as the value of an investment can rise or fall for many different reasons, and investors may not recover their initial investment outlay. BCVs cannot provide any guarantee that the value of any capital invested will be maintained or increased. Before making any decisions on investment, you should refer back to advice received from an expert adviser.

5. Data security and confidentiality

To find out which data about you BCVs collects, the reasons why it gathers these data, the way in which these data are handled and processed and to whom they might be transferred, please read the “Confidentiality & Privacy Policy” which can be consulted on this Website. By visiting this Website, you are giving BCVs your consent to collect, handle, process and possibly transfer your data in accordance with the terms and conditions set out in the “Confidentiality & Privacy Policy”.

6. Liability disclaimer

Apart from serious misconduct on its part, BCVs cannot be held liable or responsible, including in cases of negligence, for any direct or indirect losses or damages that might be incurred by a user of this Website or of a third-party site, either when accessing this Website or using the Website or as a result of the unavailability of or failure to access this Website due to the user being unable to do so. Under no circumstances can BCVs be held liable or responsible for any losses regardless of whether they stem from information posted on this Website or from risks inherent in financial markets. Nor is BCVs liable or responsible for any computer viruses or IT failures that might occur while you are visiting this Website, nor even in the case of unlawful reproduction of this Website by third parties for the purposes of hacking and stealing data (e.g. through phishing).

7. Amendments to these terms and conditions of use

BCVs reserves the right to update or amend the terms and conditions for using this Website at any time and without giving any advance notice. You are thus advised to consult this page regularly. The date when the most recent amendments were made is shown below. By accessing and using this Website, the user hereby formally agrees to accept the new terms and conditions for using the Website. BCVs cannot be held liable for any outdated information that might still be being posted on this Website. 

8. Divisibility clause

In the event of any clause of these terms or conditions for using the Website being rendered null and void, or deemed to be unlawful, non-compliant or inapplicable as a result of any legal provision or ruling handed down by a court or relevant authority for the jurisdiction, the said clause should be considered as no longer forming an integral part of these terms and conditions of use. This does not, however, affect the validity, legality or applicability of other clauses laid down in these terms and conditions of use in that same jurisdiction or in any other jurisdiction. 

9. Applicable law and place of jurisdiction 

All legal relationships between the user of this Website and BCVs, together with the legal information pertaining to them, are subject to Swiss law, excluding conflict of laws provisions.
The exclusive place of jurisdiction for any dispute stemming from use of this Website is Sion, the place of BCVs’ registered head office. Those mandatory places of jurisdiction as stipulated in relevant Swiss law and international conventions ratified by Switzerland shall be reserved. BCVs, however, reserves the right to institute legal proceedings in the place of domicile of the user of the Website or at any other court with the relevant authority. 

 

Latest amendment: November 2018

These terms and conditions of use were drafted in French; this original-language version is regarded as the authentic and legally-binding text.