The Agreement governs your use of the MKS (SWITZERLAND) SA Website
The Agreement between you and MKS (SWITZERLAND) SA states the terms and conditions of your use of certain services offered on the MKS (SWITZERLAND) SA website (“Services”) consisting of (i) a service that permits you to access information with respect to your account(s) with MKS (SWITZERLAND) SA, (ii) services that permit you to access various types of pricing, news, research, produce and other information, and (iii) services that permit you to execute transactions in precious Metals and Foreign Exchanges. The information to which the Services provide you access is hereinafter referred to as the “Information”.
Regarding transactions services, MKS (SWITZERLAND) SA makes available services that allow you to place orders to purchase and sell in Precious Metals and Foreign Exchanges. With respect of such orders, you agree:
- that you are responsible for settling with MKS (SWITZERLAND) SA all such orders for the purchase or sale of gold bullion and that MKS (SWITZERLAND) SA shall have no responsibility with respect thereto other than as provided herein;
to notify MKS (SWITZERLAND) SA immediately if you:
(i) fail to receive a message that an order you initiated through the MKS (SWITZERLAND) SA Website has been received;
(ii) fail to receive an accurate electronic confirmation of the execution of an order;
(iii) fail to receive an accurate written confirmation of the execution of an order; or
(iv) receive any of the foregoing communications for an order that you did not place.
You use of any Service will be subject to the various legends and other disclaimers and instructions relating to the Service provided in hard copy or electronically, as amended from time to time by MKS (SWITZERLAND) SA in its sole discretion. Your continued use of such Service after any such amendment will be deemed to be an acknowledgment and acceptance thereof.
2. NO WARRANTIES WITH RESPECT TO INFORMATION; CERTAIN LIMIT ACTIONS OF LIABILITY
The information may be originated by MKS (SWITZERLAND) SA, or provided by outside sources (“Information Providers”).
Neither MKS (SWITZERLAND) SA nor its information providers can guarantee the accuracy, completeness, timeliness, reliability or correct sequencing of any of the Information, including but not limited to Information originated by MKS (Switzerland) SA, provided to MKS (Switzerland) SA by Information providers, or gathered by MKS (Switzerland) SA.
There may be delays, omissions, or inaccuracies in the Information.
Because of the possibility of human and mechanical error as well as other factors, neither MKS Finance SA, its directors, employees, or agents, nor any information provider is responsible for any errors in or omissions from the information. The information is provided “as is” to you without express or implied warranties of any kind including the warranties of merchantability, satisfactory quality, noninfringement of intellectual property rights or fitness for any particular purpose. Furthermore, neither MKS (Switzerland) SA, its directors, employees, or agents, nor any information provider will be liable for any delay, difficulty in use, inaccuracy, incompleteness, reliability, or incorrect sequencing of the information, delays, interruptions, or omissions in information, computer viruses, malicious code or other defect in the website, or for the incompatibility between the website and files and your browser or other site accessing program. No license to you is implied in the disclaimers in this agreement.
3. OTHER LIMITATIONS OF LIABILITY
Neither MKS (Switzerland) SA, its directors, employees, or agents nor the information providers shall have any tort, contract or other liability, contingent or otherwise, arising in connection with your use of the website or for any decision made or action taken by you in reliance upon the information, or for any other aspect of this website.
Under no circumstances will MKS (Switzerland) SA, its directors, employees or agents or the information providers be liable to you or anyone else (whether in contract, tort or otherwise) for (a) any consequential, incidental, special, or indirect loss (b) any lost revenue, lost profits, or trading losses, or (c) lost data or (d) any loss that results from inconvenience, delay, or use or loss of use of the website even if MKS Finance SA, its directors, employees or agents, or the information providers have been advised of the possibility of such damages or losses. MKS (Switzerland) SA shall have no responsibility to inform you of any difficulties experienced by MKS (Switzerland) SA or third parties with respect to use of the services or to take any action in connection therewith, further, MKS Finance SA shall have no duty or obligation to verify, correct, complete or update any information displayed in the services.
Neither MKS (SWITZERLAND) SA, its directors, employees, nor agents, nor the Information Providers shall be liable for any loss resulting from a cause over which such entity or person does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone service; or unauthorized access to your computer, theft, operator errors, severe weather, earthquakes, other natural disasters or labor disputes. Neither MKS (SWITZERLAND) SA, its directors, employees, nor agents is responsible for any damage to your computer, software modem, telephone or other property resulting from your use of the Website.
The directors, employees, or agents of MKS (Switzerland) SA as well as the information providers, their directors, employees or agents shall have the benefit of the limits and exclusions of liability set out in these terms and conditions pursuant to the contracts (rights of third parties) act 1999/applicable legislation.
MKS (Switzerland) SA does not attempt to exclude liability for personal injury, death, or fraud, nor for any other liability that cannot be excluded pursuant to applicable law. Your rights as a consumer (if any) are not affected by this agreement.
4. PROPRIETARY INFORMATION AND TRADEMARK NOTICES
The works of authorship contained in the Website including but not limited to all design text and images are owned except as otherwise expressly stated by MKS (SWITZERLAND) SA or its agents,. Except as otherwise expressly stated herein, they may not be copied, transmitted, disseminated, displayed, distributed (for compensation or otherwise), licensed reproduced, commercially exploited, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without the prior written consent of MKS (SWITZERLAND) SA or the relevant Information Provider except to the extent permitted by applicable legislation, and then, only with notices of MKS (SWITZERLAND) SA and/or Information Provider’s proprietary rights, provided that you may download Information and print out hard copy for your personal use, so long as you do not remove any copyright or other notice as may be contained in Information as downloaded.
MKS (SWITZERLAND) SA and e-mks are the registered trademarks of MKS (SWITZERLAND) SA. Other featured words or symbols used to identify the source of goods and services are the trademarks of their respective owners.
5. WEB CONTENT AND MATERIALS
The Information is subject to change without notice. Not all products and services are available in all geographic areas. Your eligibility for particular products and services, in particular transaction services, is subject to final determination and acceptance by MKS (Switzerland) SA, as the case may be.
MKS (Switzerland) SA, or information providers may discontinue or make changes in the information products or services described herein at any time. Any dated information is published as of its date only, and MKS (Switzerland) SA does not undertake any obligation or responsibility to update or amend any such information. MKS (Switzerland) SA reserves the right to terminate any or all web offerings without prior notice to the user. Furthermore, by offering information, products or services via the website, no solicitation is made by MKS (Switzerland) SA to any person to use such information, products or services in jurisdictions where the provision of such information products or services is prohibited by law.
All transactions are entered into between MKS (SWITZERLAND) SA and you and are subject to separate agreements between MKS (SWITZERLAND) SA and you. MKS (SWITZERLAND) SA has no commitment to execute any transaction and availability of authorization to transact at any time shall be at the sole discretion of MKS (SWITZERLAND) SA. The Information on the Website is not an offer to sell, or to solicit an offer to purchase gold in any jurisdiction in which such offer or solicitation is not authorized or in which MKS (SWITZERLAND) SA is not qualified to do so, or to whom it is unlawful to make such an offer or solicitation.
You are responsible for the confidentiality and use of your password(s). User ID(s) Certificate(s) and account number(s). Under no circumstances will you furnish such data to persons other than those authorized by you to access the MKS (SWITZERLAND) SA Website. You agree not to hold MKS (SWITZERLAND) SA liable for any damages of any kind resulting from your decision to disclose your access number(s). Certificate(s), passwords), or account number(s) to any party, including but not limited to entities that aggregate account information or Website content, or persons who are or claim to be acting as your agent or proxy. Upon conclusion of each session, you must log off from the Website to ensure that no one else can enter into your account if you leave your computer unattended. MKS (SWITZERLAND) SA is authorized by you to assume that any use of Services relating to your account is authorized by you. MKS (SWITZERLAND) SA may at its option require you to change your password on a periodic basis. MKS (SWITZERLAND) SA may revoke User ID(s) without prior notice to you if it suspects fraudulent and/or irregular activities.
When you authorise an individual to use the services, you assume the entire risk for the fraudulent, unauthroised or otherwise improper use of your password(s) and account number(s).
You agree to immediately notify MKS (SWITZERLAND) SA by sending an email to firstname.lastname@example.org and or a call to +41 22 818 51 00 if you become aware of:
- any loss or theft of your password(s) and account number(d); or
any unauthorized use of your password)s) and/or account number(s), or of Services or any Information
any change in authorized trading personnel.
You are responsible for obtaining, installing, maintaining and operating all computer equipment, in accordance with such requirements as may be provided by the equipment manufacturers. You agree that you will utilise a reputable antivirus software program on your equipment and that you will update such antivirus software periodically in accordance with a commercially reasonable schedule.
You will indemnify MKS Finance SA for all breaches of security originating from or connected with your account, including, without limitation, any access or entry into any other MKS (SWITZERLAND) SA system not covered by this Agreement, but excluding breaches caused by or through MKS (SWITZERLAND) SA.
8. CERTAIN PROVISIONS IN CONNECTION WITH INFORMATION REGARDING PRICING OF GOLD
The Information regarding the price of gold bullion may be subject to a delay. You will not furnish quotes derived from the MKS (SWITZERLAND) SA website to any person or entity electronically or otherwise.
9. CERTAIN PROVISIONS IN CONNECTION WITH E-MAIL
You will not transmit securities trade orders or any other transactional instructions to MKS (SWITZERLAND) SA using e-mail. You acknowledge that MKS (SWITZERLAND) SA will not act upon orders or instructions transmitted through e-mail.
MKS (SWITZERLAND) SA will be entitled, but is not obligated to review or retain your electronic communications for among other reasons, monitoring the quality of service you receive, your compliance with this Agreement MKS (SWITZERLAND) SA is entitled to disclose your electronic communications to the same extent it may disclose other information about you or your account(s) as provided elsewhere in your agreement(s) with MKS (SWITZERLAND) SA and may disclose such communications or Information with respect to your account(s) if MKS (SWITZERLAND) SA believes in good faith that such disclosure is necessary or desirable to meet a legal or regulatory obligation or request. In no event will MKS (SWITZERLAND) SA be liable for any costs, damages expenses or any other liabilities incurred by you as a result of such disclosure by MKS (SWITZERLAND) SA.
We reserve the right to email you important information relation to your account including regulatory communications.
10. CERTAIN PROVISIONS IN CONNECTION WITH INFORMATION REGARDING YOUR ACCOUNTS
If you notice any inaccuracies with respect to the Information regarding your account, you should promptly inform the MKS (SWITZERLAND) SA back office by e-mail on: email@example.com and/or by phone +41 22 818 51 00
All Information with respect to your account is not the official definitive record of your account or its activity. Your account statement and written confirmation of transactions executed through the MKS (SWITZERLAND) SA website, as furnished by MKS (SWITZERLAND) SA to you in a paper format, as the case may be, will remain the official definitive record.
11. INFORMATION TRANSMISSION
You acknowledge that despite all security precautions, data including e-mail electronic communications and personal financial data, may be accessed by unauthorized third parties when communicated between you and MKS (SWITZERLAND) SA or Information providers, using the Internet, other network communications facilities, telephone or any other electronic means. You agree to use software produced by third parties, including, but not limited to, browser software that supports a data security protocol compatible with the protocol used by MKS (SWITZERLAND) SA. Until notified otherwise by MKS (SWITZERLAND) SA, you agree to use software that supports JJK – SSL (Secured Socket Layer), Java Applet, Java Script and cookies. You acknowledge that MKS (SWITZERLAND) SA is not responsible for notifying you of any upgrades, fixes, or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities, including but not limited to, the Internet.
With the exception of browser software, or other applications formally approved by MKS (SWITZERLAND) SA in writing, you agree not to use any software, program, application or any other device to access or log on to MKS Finance SA‟s computer systems, the Website or proprietary software or to automate the process of obtaining, downloading, transferring or transmitting any content, information or quotes to or from computer systems, the Website or proprietary software.
You agree to defend, indemnify and hold MKS (SWITZERLAND) SA and the Information Providers harmless from and against any and all claims, losses liabilities costs and expenses (including but not limited to attorneys‟ fees) arising from your violation of this Agreement any laws or regulations, or any third party’s rights, including but not limited to infringement of any copyright, violation of any proprietary right, invasion of any privacy right and violation of your agreement to keep Information and your password(s), User ID(s) and account number(s) confidential. This obligation will survive the termination of this Agreement.
MKS Switzerland SA reserves the rights to terminate or restrict your access to any portion of the Website, in its sole discretion, without notice and without limitation. For any reason, whatsoever, including but not limited to the unauthorized use of your password(s) and/or account number, breach of this Agreement, discontinuance of MKS (SWITZERLAND) SA‟s access to any Information or data from any Information Provider or termination of one or more agreements between MKS (SWITZERLAND) SA and Information Providers. In the event of such a termination or restriction by MKS (SWITZERLAND) SA or the Information Providers, your obligations and liabilities arising hereunder prior to such termination or restriction will continue and the Information Providers and MKS (SWITZERLAND) SA shall have no liability to you.
14. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of Switzerland, and all disputes or differences arising out of or connected with this Agreement or your account with MKS (SWITZERLAND) will be subject to the exclusive jurisdiction of the courts of the Canton of Geneva. Either party may bring legal proceedings to enforce the judgment of such courts in any jurisdiction in which the defendant has assets.
E-mails may be used by the parties for communications related to this Agreement, and may be introduced as evidence in connection with any dispute, mediation or court proceedings arising out of or connected with this Agreement, where they may be given such weight as may be appropriate after an examination of all the evidence, including technical evidence. However, the only notices and other communications hereunder which shall be presumed to be legally effective shall be (a) those displayed by us when you access this website (b) those sent by courier or other messenger (c) those sent by fax and (d) those sent by ordinary mail. Such notices and communications shall be deemed to have been duly given (a) at the time of display when you access this website (b) at the date and time shown on a signed delivery receipt, if delivered by courier or other messenger during normal business hours of the recipient, (c) when sent, if transmitted by fax and a successful transmission report is generated, (e) on the third business day following mailing, if mailed by ordinary mail, postage pre-paid, or (e) when acknowledged, if that occurs earlier. In each case such communication shall be addressed to the most recent address or facsimile number notified to the other party.
You acknowledge that you have not been induced to enter into this Agreement by any representation or warranty not set forth in this Agreement. This Agreement contains the entire agreement of the parties with respect to its subject matter and supersedes all existing and all other oral, written or other communications between them concerning this subject matter.
If any provision of this Agreement (or any portion thereof) shall be invalid, illegal or unenforceable, the validity, legality or enforceability of the remainder of this Agreement shall not in any way be affected or impaired thereby.
Each party acknowledges that a breach of any provision of Section 4 of this Agreement will cause the other irreparable injury and damage and therefore may be enjoined through injunctive proceedings in addition to any other rights and remedies which may be available to such party at law or in equity.
This Agreement may be modified by MKS Finance SA via electronic communication, including posting on the Website. Your use of Services after such modification will be deemed to confirm your acceptance of the modification.
You agree with the terms of this Agreement, please sign the agreement below
The headings in this Agreement are intended for convenience of reference and shall not affect its interpretation address or facsimile number notified to the other party.
By accessing this Website, you agree to the following terms and conditions. If you do not agree, please exit this Website.
The copyright, database rights, and other intellectual property rights ("IPR") in material displayed on or via this Website ("Website Materials" - which expression includes text, graphics, and audio and visual content) is owned by or licensed to MKS (Switzerland) SA. ("MKS", "we", "our" and "us"), or the owners of third party web sites. This IPR is protected by the laws of Switzerland, international treaties and all other applicable copyright and intellectual property laws. You agree to respect our IPR and those of third parties.
20. WEBSITE MATERIALS
Some website materials are freely accessible to the public ("the Public Materials"). Other Website Materials are reserved to customers of MKS ("the Restricted Materials"'). The Public Materials and the Restricted Materials are together referred to as the "Website Materials".
You agree not to access the Restricted Materials without having signed a customer agreement and a website access agreement with MKS.
These Website Terms relate to the Website Materials. Additional terms and conditions relating to the Restricted Materials are set out in the MKS Website Access Agreement, a copy of which must be signed by you before you attempt to access the Restricted Materials.
You are authorized to download any number of copies of the Public Materials for your own personal, non-commercial use, and may make such copies available to third parties provided that
(i) you acknowledge the source
(ii) you do not remove or amend any trademark, copyright or other ownership notice, and
(iii) each recipient agrees to these terms and conditions.
The following activities are prohibited without our express prior written permission:
(i) The deployment within our Website of any spider, robot, web crawler or other automated query program.
(ii) The re-use and/or aggregation of a substantial or significant part of the Website Materials in the provision of a commercial service.
To the extent that portions of this Website (such as "chat rooms" or "bulletin boards") provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), please note that we do not screen, edit, or review postings prior to their appearance on this Website, and Postings do not necessarily reflect our views. To the fullest extent permitted by applicable laws, we exclude all responsibility and liability for the Postings or for any losses or expenses resulting from their use and/or appearance on this Website.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any ownership or other rights of third parties, shall not contain any viruses or other contaminating or destructive devices or features. Material contained in Postings shall not be defamatory, indecent, offensive, tortious, or otherwise unlawful. Postings shall not be used to carry out or solicit any unlawful activity.
All information (including but not limited to ideas, suggestions, concepts and graphics) submitted to us through this Website will become our exclusive property. Except as provided by applicable data privacy legislation, we shall not be subject to any obligation of confidentiality and will be free to use the information for any purpose.
Warranty Exclusion: The public materials are provided free of charge on an "as is" basis. To the fullest extent permitted by applicable law we exclude all warranties, representations or understandings whatsoever, express or implied, including but not limited to warranties of satisfactory quality, merchantability, fitness for a particular purpose, freedom from computer viruses, and non-infringement of third parties' rights. We reserve the right at any time and without notice to change, amend or otherwise vary these terms and conditions and the web site materials.
Exclusion of Liability: We shall not be liable for loss arising out of use of the public materials, whether (a) direct or indirect, special, incidental or consequential loss or damage or (b) any loss of profits, revenue, contracts, data, goodwill, work stoppage or computer failure. This exclusion of liability shall apply even if we have been advised of the possibility of such damages. We exclude any liability for any errors in or omissions from information, materials and functions included in the public materials. To the fullest extent permitted by applicable law we disclaim all liability for negligence, apart from damages for death, personal injury, or fraudulent misrepresentation. Your rights as a consumer (if any) are not affected by these provisions.
By using hypertext or other computer links you will be able to access other website pages on the Internet which are not part of our web pages. We cannot vet, modify and we hereby exclude all liability for the contents of other websites or home pages that are linked to our Website.
We shall have no liability in respect of material hyper-linked to our Website which may be misleading, inaccurate, defamatory, threatening or obscene or otherwise not in accordance with applicable regulations.
The provision by us of a link to another website does not constitute any authorization to access materials held at that location, nor is it evidence of any endorsement by us of the material held there.
MKS Finance SA and e-mks are the registered trademarks of MKS Finance S.A. The display of any of our trade names or trademarks within the Website Materials does not imply that any licence has been granted to any third party in respect of the same. All third party product or company names, devices, logos, icons, graphics or designs referred in the Website Materials are the trademarks of the respective owners and are exhibited only in such a manner as is intended to be for the benefit of such trademark owners. We intend no infringement of such trademarks. The appearance or absence of products, services, companies, organisations, home pages or other websites on this website does not imply any endorsement or non-endorsement thereof by us.
26. DATA PROTECTION CONSENT
Information on what (if any) data is held about you can be obtained by contacting us as follows: firstname.lastname@example.org
In accordance with applicable data protection legislation we reserve the right to charge a fee for providing such information.
If you have any questions concerning these Website Terms please write to us at the e-mail address specified above. All rights not expressly granted in these terms and conditions are expressly reserved.
You agree to indemnify us and keep us indemnified us against all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the cost of defending or prosecuting any claim and any loss of profit, goodwill and any other direct or consequential loss) incurred or suffered by us directly or indirectly by reason of any act or omission which you commit in breach of these terms and conditions and the obligations and warranties contained in them.
29. GOVERNING LAWS AND DISPUTES
You irrevocably agree that the courts of the canton of Geneva shall have exclusive jurisdiction to resolve any dispute or claim of whatever nature arising out of or relating to this Website, and that the laws of Switzerland shall govern such dispute or claim. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of our IPR or breach of these Website Terms is taking place or originating. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We operate this Website from Switzerland and make no representation that the information contained herein is appropriate or available for use in other locations outside Switzerland.