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Terms of use for the euroclear.com website

Conventions

Capitalised terms used in this disclaimer shall have the following meaning

  • ‘Euroclear’ or “We” means the relevant entities of the Euroclear group and, where relevant, their securities settlement systems which they operate within the meaning of the European settlement finality directive.
  • ’Website’ means euroclear.com and all its pages.
  • ‘Content’ means all content, data and/or information on the Website made available to You via the Website, including without limitation any texts, images, videos, guides, software, materials and the secure part of the Website, which can only be accessed if You register as a user.
  • ‘You’ means a client/participant of Euroclear and/or any user of this Website.
  • All times indicated on the Euroclear Website are Central European Time unless we say otherwise.

About the information and data You find on euroclear.com

The Content made available on this Website:

  • is for information purposes only;
  • does not replace any Content We send You in connection with the use of Euroclear services;
  • is not an offer to enter into a contract with You;
  • does not replace or form part of a contract we may have with You unless we say so in our contract (if you are a client of Euroclear Bank SA/NV please see Posting and email notification of contractual documents below);
  • if any Content on the Website is inconsistent with any Euroclear standard form or any contract You’ve entered into with Euroclear, the relevant form or contract prevails, except if we have expressly set out different rules in such form or contract.

About links You find to other sites

We may provide links to sites operated or offered by third parties. We provide such links solely as a convenience to You.
Euroclear:

  • has no responsibility or liability for any content posted on any of the sites linked to our Website;
  • does not endorse or recommend any third party or any of the products and/or services offered on those sites;
  • shall have no liability to You, or any responsibility whatsoever, for the failure of any connection or communication service to provide or maintain Your access to this Website or for any interruption or disruption of such access or any erroneous communication between Us and You, regardless of whether the connection or communication service is provided by Us or a third party service provider;
  • shall have no liability to You for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or for any delays, omissions, or interruptions in the delivery of the Content on this Website, and
  • if access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently You may for example, be unable to retrieve information on a timely basis or if your operations are dependent on such communications with Euroclear and such communications are disrupted or delayed, You may suffer losses. Euroclear will not be liable for any such loss as stated above.

About Your use of our Website, Content and rights of access

You are permitted to store, display, analyze, modify, reformat, and print the Content made available to You from the Website only for Your own noncommercial use.

You are responsible for complying with the laws of the jurisdiction from which You are accessing this Website. You agree that You will not access or use the Content or the Website in violation of such laws. Unless expressly stated otherwise herein, any information submitted by You through this Website shall be deemed non-confidential and non-proprietary. You represent that You have the lawful right to submit such information and agree that You will not submit any information unless You are legally entitled to do so.

Some parts of this Website can only be accessed and used if You register as a user and require a log in and password.

You are not permitted to

  • use the secure parts of the Website without prior authorization from Euroclear, including but not limited to, entry into the systems operated by Euroclear;
  • misuse log ins or passwords, for example, by giving Your log in/password to anyone else, or using someone else’s log in/password;
  • misuse Content posted on this Website;
  • publish, transmit, or otherwise reproduce the Website or any of its Content, in whole or in part, in any format or to provide any part of the Website or any of its Content to any third party unless we have given You our prior written consent or allowed You to do so in a contract;
  • alter, obscure, or remove any copyright, trademark or any other proprietary notices or markings that are shown or provided to You on the Content or via the Website; or
  • do any automatic querying, scanning and/or copying of any of the Content unless we have expressly allowed You to do this in a contract.

About Euroclear’s reserved rights

All Content contained within this Website is protected by intellectual property and /or other proprietary rights. You shall acquire no rights, title or interest in the Website or any of the Content made available through the Website unless we expressly grant this to You in a contract.

We reserve the right in our sole discretion to immediately block all automatic querying, scanning and/or copying of the Content available on our Website without prior notice to You.

Your use of this Website may be monitored by us and the resulting information may be used by us for internal business purposes.

We make no warranty whatsoever to You, express or implied, regarding the security of the Website, including with respect to the ability of unauthorized persons to intercept or access information transmitted by You through the Website or any service on the Website.

About Euroclear’s warranties and representations

We exclude to the fullest extent permitted by law all conditions, guarantees, warranties and/or representations of any kind with regard to Your use of our Content and Website, including, but not limited to, any implied conditions or warranties, any non-infringement of third party rights, freedom from viruses or other harmful code, or fitness for a particular purpose. In no event will Euroclear be liable to You for any direct, indirect, incidental, special, exemplary, consequential losses, and/ or other damages (including, but not limited to, lost profits, business interruption, loss of programs or data) without regard to the form of action and whether in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with this Website or any other content accessed through this Website or any site service linked to, or any copying, displaying, or use thereof.

We do not have any responsibility to:

  • maintain the Content made available on this Website;
  • availability of the Contents are subject to change without notice;
  • You shall be responsible for obtaining and maintaining all telephone, networks, telecommunication lines and connections, computer hardware, software, and /or other equipment needed to access and use this Website;
  • access to this Website may from time to time be unavailable, delayed, limited or slower due to, among other things:
  • hardware or systems failure, including among other things, failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
  • software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
  • unforeseen causes or events beyond our reasonable control including but not limited to severe weather, earthquakes, wars, insurrection, riots, strikes or labour stoppages, terrorism, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters; or
  • interruption (whether partial or total) of power supplies or other service utility;
  • governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention

Our liability for emails and other information-forwarding services

Euroclear accepts no liability whatsoever for the provision of Euroclear Information forwarded to you by e-mail or other circumstances related to this facility, including without limitation: (i) misuse of the password, (ii) interception or alteration of the Euroclear Information, the (iii) revocation of the password, (iv) the timeliness, accuracy, completeness or correctness of the Euroclear Information provided to you, or (v) any failure by you to receive any form of report from Euroclear due to technical problems involving the e-mail transmission or due to a failure of whatever nature by third parties.

You acknowledge and agree that this information may be of confidential nature and you expressly authorise Euroclear to make this information available to you in the context of the facilities offered via e-mail.

Save where the contractual documentation provides to the contrary, Euroclear:

(i) does not commit to provide you with any form of report via e-mail, and

(ii) is entitled to discontinue the facilities via e-mail at any time as determined in its sole discretion with immediate effect without notice or otherwise, and

(iii) does not undertake to provide this information within a given time.

If you are a client of Euroclear Bank SA/NV

Posting and email notification of legal documents

  • We can send you legal documents by email.
  • The most recent versions of our legal documents are also published on the website.
  • If there is any inconsistency between different versions of this legal documentation, the most recent version on the website will prevail.

You can find more details about this service in the Operating Procedures of the Euroclear System Section 7.

Specifics for FundSettle Browser

Euroclear Bank SA/NV allows access to the FundSettle Browser and to its services on the terms and subject to the conditions set out in the Terms and Conditions governing use of Euroclear and the Operating Procedures of the Euroclear System and the appropriate registration form(s) and agreement(s) related thereto. Unauthorised use of the FundSettle Browser is strictly prohibited"

E-mail disclaimer

All email messages we send, including any attachments, are confidential. They may contain legally privileged information.

If You:

  • are not the intended recipient, You should not read, copy, distribute, disclose or use this information in any other way.
  • have received a message in error, we kindly ask You to let us know immediately. Please then delete it from Your system.

We:

  • cannot guarantee the integrity and security of email messages as they may get corrupted or unauthorised parties may amend them. We accept no liability for this.
  • reserve the right to retain email messages on our systems. Subject to applicable law, we may monitor and intercept email messages to and from our systems.

Investor Relations

By accessing the part of the Website entitled “Investor Relations”, You acknowledge Your agreement with and understanding of the following additional terms (which apply in addition to the foregoing terms and conditions):

  • the Content does not constitute and shall not be deemed to constitute: (i) any offer, invitation or inducement to engage in investment, financial or other activity; or (ii) any recommendation or advice in relation to any investment, financial or other decision. Persons considering making any investment or financial decision should contact their qualified financial adviser;
  • no warranty or representation is given as to the accuracy or completeness of the Content;
  • the Content may include forward looking statements. Such statements contain inherent risks and uncertainties and actual outcomes may differ materially from those expressed or implied by forward looking statements. Euroclear expressly disclaims, to the extent lawful, liability for any errors or omissions in the Content; and
  • the distribution of the Content may be restricted by law in certain jurisdictions. The Content is not directed at, or intended for distribution to, or use by any person or entity where such distribution or use is restricted by law or regulation. Persons into whose possession the Content comes should inform themselves about and observe any such restrictions;
  • past performance, historic financial information and/or historic distributions should not be taken as an indication of current or future performance, results or distributions; and
  • financial information included or referred to in the Content may not have been audited, may not have been prepared to a standard expected of year end financial information and may not be comparable to the financial statements of other companies or jurisdictions.
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