Swissquote offers on its website (hereinafter "the website") a financial information service and an exchange-based trading platform, as well as various banking and financial services. The accessing and use of the website are governed by the Important Legal Information (hereinafter "the Terms and Conditions") set out herein. These Terms and Conditions shall be supplemented by any and all special agreements applying in connection with a service or product offered by Swissquote where you or your representative (hereinafter "you") act in a capacity as contracting party. Nevertheless, in the event of any conflict, the provisions contained in any such special agreement shall prevail.
By accessing and using the website, you acknowledge that you have read, understood and agreed to be bound by the Terms and Conditions. Furthermore, you accept that Swissquote may, at any time and without any prior notice requirement, alter the Terms and Conditions. If you do not agree to the Terms and Conditions, do not access or use the website in any way whatsoever.
Local restrictions - provision of cross-border services
The products and services presented on this website are authorized for sale in Switzerland. They are not intended for any person/s who, based on their nationality, place of business, domicile or for any other reasons, is/are subject to legal provisions which prohibit foreign financial services providers from engaging in business activities in these jurisdictions, or which prohibit or restrict legal entities or natural persons from accessing websites of foreign financial services providers.
Where Swissquote is not authorized by the supervisory authority of a certain country, Swissquote can as a general rule not promote financial and banking services in that country. In particular, Swissquote is not authorized by the supervisory authorities of the USA, Canada, Great Britain, Germany, Italy, and France. This website may however contain information, in particular about financial services and products offered by Swissquote, that may be considered by the supervisory authorities of the above mentioned countries as a public offer of financial products or a canvassing targeting persons domiciled in the concerned countries. If you are domiciled in one of the above mentioned countries, you confirm that you access this website on your own initiative and without any solicitation from Swissquote.
The website is the exclusive property of Swissquote. Swissquote’s proprietary rights shall not be altered in any way by any reproduction or use of the website.
Copyright and Trademarks
The content and layout of the website are protected by copyright (all rights reserved) and other intellectual property rights, held by Swissquote and the information providers with whom Swissquote operates (hereinafter "third party information providers").
Information provided on the website may only be downloaded, printed or otherwise reproduced - for personal, non-commercial purposes - provided that the copyright notes and other statutory proprietary designations are retained. You do not acquire rights by reproducing or copying in any way information available on the website; all rights are retained by Swissquote. You are strictly prohibited from using anywhere other than on the website and from copying in any way whatsoever software or any other tools available on the website.
It is forbidden under any circumstances to set up links, e.g. in the form of hyperlinks or inline links, to this website, to frame it, or to access it through inline links or through a frame, without Swissquote's prior written approval. It is forbidden to reproduce in whole or in part, transmit by electronic or any other means, modify or use copyright elements of this website for public or commercial purposes without Swissquote's prior written approval.
® Swissquote, Swissquote Bank and the M logo in particular are trademarks of Swissquote. Other verbal and/or graphic elements featuring on the website and used to identify the origin of a product or service may be the trademarks of their respective owners, for example the trademark of one of Swissquote’s commercial partners. These trademarks may not be reproduced or used without the prior permission of their owners.
Copyright © 2002 The McGraw-Hill Companies, Inc., Standard & Poor’s (“S&P”) is a division of The McGraw-Hill Companies, Inc. Reproduction of any information obtained from the S&P 500 INDEX in any form is prohibited except with the prior written permission of S&P. Because of the possibility of human or mechanical error by S&P’s sources, S&P or others, S&P does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions or for the results obtained from the use of such information. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. In no event shall S&P be liable for any indirect, special or consequential damages in connection with subscribers’ or others’ use of the S&P 500 INDEX.
Furthermore, the terms and conditions expressed on the website corresponding to the following link shall apply: http://www.djindexes.com/mdsidx/html/tandc/indexestandcs.html
No Offer or Advice
All the information provided, in particular the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via the selection and decision-making tools proposed by Swissquote, is provided for information purposes only and SHOULD IN NO EVENT BE CONSTRUED AS AN OFFER, A PIECE OF ADVICE OR A RECOMMENDATION to buy or sell a particular security or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.
All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation of the information available, in particular the opinions, mathematical results and technical analyses published on the website, transmitted to you or obtained via the selection and decision-making tools proposed by Swissquote. You are solely responsible for such decisions.
Investments in securities featuring on the website are subject to certain risks. The price of securities may go down as well as up. Fluctuations in foreign exchange rates can also alter the value of securities. The future performance of a security cannot be guaranteed by past performance. It is therefore possible that you do not get back the amount you invest. WE STRONGLY RECOMMEND THAT YOU SEEK PROFESSIONAL ADVICE BEFORE TAKING INVESTMENT DECISIONS.
Exclusion of Liability
Neither Swissquote, its directors, officers, employees, agents or shareholders, nor third party information providers, their directors, officers, employees, agents or shareholders will assume ANY LIABILITY FOR ANY LOSS OR DAMAGES WHATSOEVER, be they direct or indirect, incurred as a result of accessing the website or using the information and services available on the website, or as a result of the inability to access or use any information or services available on the website.
In particular, it is expressly stated that IN NO EVENT WILL SWISSQUOTE, its directors, officers, employees, agents or shareholders BE LIABLE FOR ANY LOSS OR DAMAGES incurred as a result of errors, technical or otherwise, transmission failures, system overloads, usage problems, interruptions in services (including but not limited to system maintenance services), any delay in the transmission of information, incompatibility between the website and your files and/or software (in particular your browser) and/or computer, malfunction, interference, the transmission of a virus onto your computer, unauthorized access (as a result of hacking or piracy activities, for example), the willful blocking of telecommunications tools or networks (as a result of mail-bombing, denial of services attacks, for example) or any other failure or inadequacy on the part of telecommunication or network service providers.
Disclaimer of Warranty
Swissquote and third party information providers pay particular attention to the preparation and update status of the data provided. Nevertheless, they do not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the information published on the website, transmitted to you or obtained via selection or decision-making tools. In addition, real time information is obtained from what is believed to be a reliable source, but cannot be guaranteed. Furthermore, information may be changed at any time without any prior notice being required.
The activation of certain links on the website may cause you to leave the Swissquote website. Swissquote does not review any of these linked websites and does not warrant or guarantee, either expressly or implicitly, the quality, pertinence, accuracy, completeness, update status, availability or legality of the content of these sites, nor shall it be in any way responsible for the products, services, information and other content offered via these linked sites. The same applies to websites offering links to Swissquote’s website. Furthermore, prior written approval must always be obtained before a link from an external site to Swissquote’s website can be created.
Swissquote, its directors, officers, employees, agents or shareholders may have or have had business relationships or other forms of dealings with companies whose securities feature on the website. Furthermore, Swissquote, its directors, officers, employees, agents or shareholders may hold or have held securities which feature on the website.
Confidentiality and Encryption
Your attention is drawn to the fact that the data exchanged between yourself and Swissquote is transmitted via open, public networks (such as the Internet) that are not subject to any controls or reviews. The data transferred may travel beyond Switzerland’s borders, even if both yourself and Swissquote are located in Switzerland. In addition, even if the data transmitted is encrypted, it may not necessarily stay encrypted for the entire duration of the transmission, nor may it necessarily remain encrypted at your end: it is possible that data may be intercepted. Furthermore, you hereby declare that you have taken note that the legislation applicable in your country may prohibit or restrict the importing, exporting or use of encryption logarithms. In no event shall Swissquote be responsible for any violations of measures governing the importing, exporting or use of encryption logarithms. You alone shall be responsible in the event of any such violation. Lastly, your attention is drawn to the fact that information transmitted electronically, e.g. by e-mail or SMS, is in principle not encrypted and may be intercepted.
Confidentiality in Respect of User IDs and Passwords
You are obliged to keep user IDs, passwords and other means of identification secret. To this end, you must not store your user IDs, passwords or other means of identification in your browser and you must delete all temporary files stored in your cache memory as well as your surfing history. You are solely responsible should such means of identification be communicated to, discovered or misused by a third party, and for any and all losses and damages resulting there from. You have taken note of the fact that you are required to disconnect from the identification services proposed by Swissquote before leaving your Internet station. To do this, you must close all your browser windows showing the site.
Proper use of the website
You undertake to use the website in a proper and reasonable manner, and not to misuse the website in any way or use it in such a way as might occasion, for example, the overloading of the website, any delay in the transmission of information, any interruption of service, blockage of access to the website or any other effect detrimental to Swissquote or to the users of its website. In particular, it is forbidden:
- to effect e-mail-bombing or any denial-of-service attack (in particular flooding) or any similar attempt similar;
- to infect the website with any virus, worm, Trojan horse or other software, or any similar attempt;
- to gain or attempt to gain unauthorised access to the servers administering the website, or to circumvent or attempt to circumvent or to disable or attempt to disable the website’s security features (hacking);
- to update the information provided on the website using automatic updating programs, e.g. such as are provided by other websites;
- to use offline readers or similar software, in particular such as would allow the mass downloading of data from the website onto your hard disk.
Should you undertake any of these actions, Swissquote reserves the right to deny you access to the website, even if you are a subscriber to the Premium service or a customer of the Bank. If you are a subscriber to the Premium service, such denial of access to the website shall not entitle you to any refund or partial refund of the subscription fee.
Registration and Use of Your Activities on the Website
Please note that Swissquote records and analyses all your activities on the website with the help of cookies for the purposes of statistical study (in particular tracking and analysing data pertaining to the process of opening an account), security, system monitoring, management, marketing and compliance with legal and regulatory obligations incumbent on Swissquote. Data such as IP address are collected in this respect and sent to third-party services Swissquote calls upon. Said third party can be located outside Switzerland. Swissquote undertakes to treat such information using security measures Swissquote deems appropriate.
Swissquote offers several fee-based services. The majority of these services are contained in the "Premium" service package. "Eurex Real Time" is an option available with the Premium service. The "Equity Analyzer" and the "Portfolio Analyzer", which are always supplied together, are services offered independently of the Premium service.
Swissquote asks that you take note that all the information provided, in particular the opinions, mathematical results and technical analyses obtained via the selection or decision-making tools proposed by Swissquote, such as the Equity Analyzer, Portfolio Analyzer, Funds Optimizer, Warrant Chooser and Ranking Tool, for example, is provided for information purposes only and SHOULD IN NO EVENT BE CONSTRUED AS AN OFFER, A PIECE OF ADVICE OR A RECOMMENDATION to buy or sell a particular security or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.
All of the investment decisions you take shall be based exclusively on your own assessment of your financial situation and your investment goals, as well as on your own personal interpretation and appraisal of the information available, in particular the opinions, mathematical results and technical analyses obtained via the selection or decision-making tools proposed by Swissquote. You are solely responsible for such decisions.
The Premium service includes the majority of the fee-based services offered by Swissquote and is provided free of charge for the first 14 days following registration, the day of registration included. If, within the 14 days following registration, Swissquote receives notice of termination, either by e-mail or any other appropriate channel, your subscription will be terminated, without any fees being due. After a period of 14 days has elapsed, termination shall only become effective when the subscription expires, and you will not be entitled to any pro rata refund of the fees paid. Unless you terminate the service during the term of your subscription, it will be automatically renewed for a further identical period.
The Premium service is free for those, who have an active banking relationship with Swissquote. Nevertheless, should the banking relationship begin after the registration to the Premium service, you will not be entitled to any pro rata refund of any subscription fees paid.
Eurex Real Time, ISE Real Time, CME Real Time
Eurex real-time, ISE real-time and CME real-time are fee required at registration, there is no probation period. In case of premature dismissal of your real time subscription (Eurex, ISE or CME) you are not entitled to claim «pro rate temporis» refund of the paid fees. The subscription renews automatically for the same period, if no notice of cancellation was received before. You confirm that you are a physical person and would like to use Eurex real-time, ISE real-time or CME real-time only for personal use, not for professional use or by order of a third party, as for example non professional asset management of a third party or management of a non professional investment club.
Equity Analyzer and Portfolio Analyzer
The Equity Analyzer and Portfolio Analyzer are provided free of charge for the first 14 days after registration, the day of registration included. If, within the 14 days following registration, Swissquote receives notice of termination, either by e-mail or any other appropriate channel, your subscription will be terminated, without any fees being due. After a period of 14 days has elapsed, termination shall only become effective when the subscription expires, and you will not be entitled to any pro rata refund of the fees paid. Unless you terminate the service during the period of your subscription, it will be automatically renewed for a further identical period.
The following definitions have been used for the purposes of the Terms and Conditions specified herein:
- "Swissquote": the companies Swissquote Group Holding Ltd. and Swissquote Bank.
- "website": all web pages designed and managed by Swissquote, as well as any and all information, services, products, software, tools, functions and links available thereon
- "information": including, but not limited to, all data, prices, opinions, calculation results, technical analyses, articles, charts and other elements available on the website
- "security": including, but not limited to, cash, stocks, bonds, investment fund units, financial instruments and goods or commodities of any sort, as well as all forms of contracts and options (for example, warrants) associated therewith
Place of Jurisdiction
The sole place of jurisdiction for all disputes arising out of or in connection with the Terms and Conditions stipulated herein and/or the use of the website is Gland, Switzerland. Swissquote nevertheless reserves the right to initiate proceedings against you before the competent court at your domicile or any other competent authority.
Partial Nullity and Choice of Law
In the event of one of the Terms and Conditions being void, cancelled or rendered otherwise invalid, the validity of the remaining Terms and Conditions shall not be affected or impaired. In all other instances, the Terms and Conditions as well as the use of the website are exclusively governed by and construed in accordance with Swiss law.