Terms and conditions of using iwatagun.cn
This website operated by ThomasLloyd Global Asset Management GmbH (‘ThomasLloyd’) – (www.iwatagun.cn, ‘the site’), and the materials on it, may only be used under the following conditions (the ‘terms and conditions of use’). These terms and conditions of use apply in favour of ThomasLloyd and any companies affiliated with ThomasLloyd under Section 15 AktG (German Public Companies Act), and shall apply also to their legal successors. You are responsible for ensuring that anybody who accesses this site using your Internet connection knows and complies with these terms and conditions of use. ThomasLloyd’s general terms and conditions of business, and any contractual agreements set up between ThomasLloyd and yourself, shall take precedence over these terms and conditions of use.
Section 1. Right of usage
ThomasLloyd grants you simple, permanently revocable, non-exclusive, non-transferable rights to use this site and the materials and information on it, if and for as long as you comply with these terms and conditions of use and – if there are any – any agreements made with ThomasLloyd.
Providing you with access to the site does not entail giving you rights to the site or its contents. You may load the information shown on your computer screen when using the features and services on this site in order to view it, and print it out for private, non-commercial purposes. No other rights whatsoever are granted. It must be emphasised that you are not entitled to download, modify, reproduce, publish, utilise, copy, distribute or otherwise exploit any part of the content or design of this site, including brand names, product designations, domain names, logos and so on. Express, prior written permission is required from ThomasLloyd before copying any of the content or design of this site.
You may not insert or save any of the content or this site, in particular links to other sites, without the express, prior written permission of ThomasLloyd. ThomasLloyd expressly forbids any usage aimed at competing with ThomasLloyd or other members of the ThomasLloyd Group, or interfering with their business. You may not use the site to offer services or for the benefit of others.
Section 2. Registration
You can register for the site to subscribe for the newsletter and to access other features which may be added to the site at a later date. If you do not register you will not be able to enjoy the benefits of subscribing or using those features. Registration is at ThomasLloyd’s discretion. By registering, you agree to provide ThomasLloyd with the current, relevant information about yourself that it needs, and to tell ThomasLloyd immediately in the designated way about any changes to the details you have left for this purpose. You are responsible for ensuring that emails sent by ThomasLloyd reach you.
If registration requires you to choose a user ID and a password, then you are responsible for keeping this user ID and password secret, and for any online activities performed on or by the site using this user ID and password. You undertake (a) to ensure that others do not discover your user ID and password, (b) to inform ThomasLloyd immediately if you become aware that your user ID and password have been used without permission, and (c) to log off and leave the website at the end of each visit. If ThomasLloyd receives notification from you saying that your user ID and password have been used without permission, then ThomasLloyd will immediately block access to the parts of the site accessible only with your user ID and password, and will only unblock them when you re-register and obtain a new user ID and password.
ThomasLloyd is entitled at any time to temporarily suspend or permanently terminate your registration without providing reasons and without giving notice. ThomasLloyd is in particular entitled to suspend or terminate your registration in this way if you violate these terms and conditions of use or if you do not use the site for a long period of time. You can send us an email or letter at any time requesting your registration to be annulled, provided this does not obstruct the processing of ongoing contractual relationships. If you do this, ThomasLloyd will delete your user ID, your password and any other personal details stored, as soon as they are no longer needed.
Section 3. Access to the site, availability and amendments
ThomasLloyd cannot promise that the site will be constantly available or accessible. Access to the site may be limited for periods of time, and interrupted or limited without prior announcement at any time, and its operation may cease at any time, including the services and information provided on it. ThomasLloyd reserves the right to amend, augment or delete the contents of the site, including any services and features that can be used on the site, at any time and without prior announcement.
Section 4. Intellectual property and ownership rights
The site together with its contents and design, including all of the data, texts, images, files, applications and so on which are made available on the site, needed for the site to work, or available to download from the site, are protected by copyright, trademark rights and other rights. You may neither remove nor modify any alphanumeric identifiers, trademarks or copyright notices from information or other applications on the site, or from copies thereof. This does not affect the legal regulations protecting copyright, trademark rights and other rights applicable to ThomasLloyd’s intellectual property.
Any materials which you transmit to this site are considered non-confidential and not protected by copyright, aside from the personal details that are covered by our data privacy statement. ThomasLloyd shall not assume any obligations whatsoever regarding such materials. ThomasLloyd and people/organisations designated by ThomasLloyd are entitled to copy, publish, distribute, integrate into systems or otherwise utilise any such materials and any data, images, sounds, texts and other materials contained therein for commercial and non-commercial purposes of any description whatsoever.
Section 5. No offer; no advice; no binding investment information
The site and the information contents in it are merely of a general nature and represent neither a contractual offer nor advice on finance, services, investments or anything else (including any kind of legal, tax or financial advice or advice about the benefits, usability and profitability of securities and other investments); nor are they a substitute for appropriate personal advice. You should not rely solely on the information accessible on this site, and you should in every event obtain independent professional advice, in particular of a financial, tax and legal nature, before making any decisions about investing, because this site does not cover all of the aspects and criteria that need to be considered when you or your company make a decision about investing, nor does it show all of the potential alternative products which may fulfil your needs and purposes just as well or even better.
ThomasLloyd does not enter into any contractual relationship whatsoever merely by providing and revealing information on this site. This site and its contents should not be understood as a recommendation to conclude or not to conclude particular transactions or types of business, or as a recommendation, offer or invitation to trade in, buy, sell or claim securities, other financial products or services, all of which require appropriate prior personal advice. The site may sometimes contain offering circulars, brochures and memoranda relating to private placements of particular products. ThomasLloyd cannot accept any liability for their content. You should read the information in them carefully and obtain professional advice as well before making a decision about investing.
Information about the development of securities or other financial products and investments on this site is based on past experience, from which binding statements about future development, in particular future earnings or losses, cannot be derived. Investors can gain or lose from any investment, and every investor must be alert to the possibility of losing everything he or she has invested. The products shown on this site are neither insured nor guaranteed by the government, unless clearly stated otherwise.
All of ThomasLloyd’s opinions, statements or estimates shown on this site and designated as such, represent only opinions, statements or estimates at the time of publication and they may change at any time; on no account do they represent binding statements or assurances from ThomasLloyd. Price levels and evaluations published on this site are merely indicative and non-binding, and are for information purposes only. News, prices and other current information are usually shown after a delay.
Section 6. Liability and guarantee disclaimer
The purpose of this site is to provide the public with general information about ThomasLloyd, and to enable clients and potential clients to communicate with ThomasLloyd. This site is also a source of information for clients and potential clients of ThomasLloyd regarding the products and services available from ThomasLloyd and affiliated companies.
ThomasLloyd cannot accept liability for or guarantee against material defects and defects of title on the site, including technical defects and viruses, or material defects and defects of title in the information and applications provided on the site; nor for the veracity of any results which you or anybody else may have arrived at by using this site. Nor does ThomasLloyd guarantee that the site and its contents are correct, free of errors, complete, up to date, marketable or usable, or suitable for any particular purpose; or that the site does not violate any third-party property or intellectual property rights or copyrights; or that you will be able or unable to use the site or its contents. ThomasLloyd shall not accept any responsibility whatsoever if the site or its contents are wholly or partially unavailable due to technical or other defects, or if they can only be used partially or not at all.
This site and its contents are provided ‘as is’. ThomasLloyd shall not accept liability for or provide a guarantee in connection with the use of (or inability to use) this site and its contents, inasmuch as this is valid, and provided there is no compelling statutory liability on account of intentional action, gross negligence, injury to life, body or health.
In particular, ThomasLloyd shall not be held liable in conjunction with the use of or access to this site for direct or indirect damages or losses, or consequential damages, even if the possibility of such losses was expressly stated. The same applies to loss of income, profits, predicted savings and any other damages or losses incurred as a result of contracts, investment decisions, or the purchase or sale or trading in products from third parties done on the basis of information provided by this site.
Section 7. Regional limitations
This site and the products and services described on it are not aimed at users residing or staying in or with the nationality of the United States of America, Australia, Canada or Japan, or people in countries or jurisdictions in which offering or selling such products and services, or publishing information about them, to such people, is wholly or partially limited or forbidden because of nationality, place of residence or other reasons. People at whom this website is not aimed according to this section 7 are not permitted to access this site, and the information on this site may not be disseminated in countries or jurisdictions in which it is not permitted.
Offering circulars, brochures and/or memoranda relating to private placements contain information about the restrictions on sale for all of the products described on the site, and users should read it carefully. The securities described on this site are not and will not be registered according to the US Securities Act of 1933, and trading in such securities has not been approved for the purposes of the US Commodities Exchange Act of 1936. These securities may not be offered in the USA, to US citizens or to residents of the USA, or sold there or to them.
Section 8. Third-party information and assessments
Opinions, advice, statements, services, offers and other information and content made available by third parties (including information providers and users of this site) are exclusively those of their originators and not those of ThomasLloyd. ThomasLloyd does not necessarily agree with such opinions, advice or statements made on the site, and does not accept any responsibility whatsoever for ensuring that they are correct, complete or reliable.
Section 9. Note on potential conflicts of interest
ThomasLloyd and its affiliated companies under Section 15 AktG and their managers, employees and agents (‘members of the ThomasLloyd Group’) may have or have had their own interests in securities or other financial products or investments or other stakes in and/or relationships with companies which this site directly or indirectly indicates – for instance, by holding or trading in these stakes themselves, or as market-makers for such stakes, or by providing services to such companies.
Section 10. Indemnity
You hereby indemnify all of the members of the ThomasLloyd Group against any claims, lawsuits, obligations, compensation claims, costs and expenses, including appropriate lawyer’s fees, which third parties may levy on account of your use of this site and its content, and you undertake to compensate and indemnify those members of the ThomasLloyd Group should such claims be made against them. This does not apply if those members of the ThomasLloyd Group acted intentionally or with gross negligence, and thereby helped bring about those claims, lawsuits, obligations, compensation claims, costs or expenses.
Section 11. Links to other websites
If you use certain links on the ThomasLloyd website, you may leave the ThomasLloyd website. ThomasLloyd is not responsible for the content of websites which you reach using these links. That is why ThomasLloyd cannot provide any guarantee or be liable for ensuring that the information which is reached using those links is correct, complete or up to date. ThomasLloyd shall certainly not be made liable for any information that can be reached using links on the site. You may not use any part of this site on any other website or link another website to this website, without prior written permission.
Section 12. Secure communication
There is no way of guaranteeing the security of communication via the Internet or email. There is always a risk that information contained in an email or attachment, including potentially confidential information, could be intercepted, lost, destroyed or delayed during transmission. Although ThomasLloyd takes appropriate steps to minimise such risks, it cannot guarantee that communication and emails and the attachments they contain are free of viruses, worms or other harmful contents.
Section 13. Export and international laws
The export of certain information, files and applications can be subject to special conditions, in particular export conditions and limitations, and may be subject to isation. You undertake to strictly observe the relevant regulations governing such export, in particular those of the EU and individual member states of the EU, and the USA, as well as the relevant regulations of the country in which the information, files and applications are to be sent; and to obtain the necessary approvals beforehand. You undertake not to export any of the contents of the site into a country or to import them from a country for which exporting and importing are banned under the laws of the USA. You declare that you are not a citizen of any such country. You also undertake not to use the contents of the site for any purpose which would be illegal under the laws of any country.
Section 14. Applicable law, jurisdiction, amendments and separability clause
These terms and conditions of use, your use of the site and downloading anything from the site are subject exclusively to German law, excluding the CISG. Any legal disputes connected to these terms and conditions of use or your use of this site shall fall under the jurisdiction of German courts. If the user a merchant (‘Kaufmann’) under the terms of the German Commercial Code (HGB), then the place of jurisdiction is Stuttgart. This site is operated by ThomasLloyd and is its responsibility. Because ThomasLloyd is based in Germany, the site complies with the legal requirements applicable in Germany. ThomasLloyd does not guarantee that the site, its use, or these terms and conditions of use (wholly or partially) comply with the equivalent legislation outside of Germany. If you access this site from places outside Germany, then you do so on your own initiative and are yourself exclusively responsible for observing the laws and regulations applicable to you under that country’s laws in conjunction with this site and its contents.
These terms and conditions of use may be modified, augmented or replaced at any time by ThomasLloyd. You should read these terms and conditions of use carefully every time you visit the site in case there have been any changes or additions. Auxiliary agreements and contractual agreements which augment or presume to override these terms and conditions of use must be made in writing.
If any of these terms and conditions of use are wholly or partially invalid, unlawful or unenforceable under the laws of a legal system, then this shall not affect the validity, lawfulness or enforceability of the remaining terms and conditions of use.