Terms and conditions

 

Conditions of use

This website is maintained by ETF Securities (UK) Limited ("ETFS UK") (company number: 07443535) of 3 Lombard Street, London, EC3V 9AA. ETFS UK is authorised and regulated in the United Kingdom by the Financial Conduct Authority, the competent regulator of the United Kingdom (register number 538634).

Please note the following: by accessing the following website, you confirm that:

  • you are resident in the United Kingdom; and

  • you are an Exempt Person as defined below.

If you are not an Exempt Person you should leave this website now.

By entering this website, you acknowledge and agree to be bound by each of the following terms and conditions, together with any additional terms and conditions that apply to individual webpages, documents or other attachments contained within this website (together, the "Conditions of Use"). If there are any Conditions of Use that you do not understand or agree with, you must leave the website or the webpage in question (as applicable) immediately and/or delete immediately from the memory of your computer the document in question.

 

Cookies policy

We may collect data about your computer, including, where available, your IP address, operating system and browser type, for system administration and other similar purposes. These are statistical data about users’ browsing actions and patterns, and they do not identify any individual user of the website. This is achieved by the use of cookies. A cookie is a small file of letters and numbers that is put on your computer if you agree to accept it. If you do not choose to accept it, which you can do by adjusting your browser settings, you may not be able to access or use certain parts of the website. If you do choose to accept it you are consenting to the use of cookies as described here. These cookies allow you to be distinguished from other users of the website, which helps us to provide you with a better experience when you browse the website and also allows the website to be improved from time to time.

 

No investment advice or offer

This website is provided for your general information only and does not constitute:

  • investment advice;

  • an offer to sell or the solicitation of an offer to buy any investment; or

  • a recommendation to buy any investment.

Nothing on this website should be construed as advice on the merits of any product or investment. Nothing on this website constitutes investment, legal, tax or any other advice nor is to be relied on in making an investment or any other decision. This website should not be regarded as providing sufficient information on which to base an investment decision and as such, investment decisions should be made only after having obtained independent investment, tax and legal advice. Opinions and any other contents of the Information (as defined below) are provided for information purposes only. No Information in relation to any product or investment should be construed as advice to you on the suitability or otherwise of that product or investment for you or any other person, such suitability depending on all the circumstances of the person concerned. All of the Information has been prepared without taking into account any individual investor's objectives, financial situation or needs. Investors should therefore consider the appropriateness of the information on this website in light of their own objectives, financial situation or needs.

This website contains information about certain investment products, whether displayed directly on a webpage or contained within documentation or other media appended to a webpage (the website, the information contained within it and any appended documentation or other media together being the "Information").

 

Restrictions

The Information is only intended to be viewed by persons who fall outside the scope of any law that seeks to regulate financial promotions in the country of your residence or in the country in which the Information is being viewed and by persons to whom the Information may lawfully be made available. In particular, certain laws affecting United States persons and persons accessing this Information in the European Economic Area are described below. By entering this website you represent that you are both aware of and in compliance with any applicable legislation in your jurisdiction.

 

United States persons

The Information is not directed to any United States person or any person in the United States, any state thereof, or any of its territories or possessions.

 

Persons accessing this website in the European Economic Area

The Information is not directed at retail investors in the European Economic Area.

The Information is directed only at persons who:

  • are investment professionals falling within Article 19(5) of the United Kingdom Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 (the "FPO"), who have professional experience in matters relating to exchange traded funds and other exchange traded products; or

  • are high net worth organisations falling within Article 49(2) of the FPO (broadly, companies or partnerships with net assets of £5m sterling or more and trustees of trusts with assets of £10m or more); or

  • are persons to whom it may otherwise lawfully be made available (all such persons together being referred to as "Exempt Persons").

The Information must not be accessed, acted upon or relied on by any persons who are not Exempt Persons.

 

Investment performance

You should always bear in mind that:

  • an investment may involve significant risk;

  • the investment performance of any security referred to on this website can be volatile and can go up or down;

  • past performance is not an indication of future performance;

  • rates of exchange may affect the value of investments; and

  • if you are in any doubt about any of the Information please consult your independent professional adviser.

Investments in securities and other financial products which provide a short and/or leveraged exposure are only suitable for investors who understand leveraged and compounded daily returns and are willing to magnify potential losses by comparison to investments which do not incorporate these strategies. Over periods of greater than one day, investments with a short and/or leveraged exposure do not necessarily provide investors with a return equivalent to a return from the unleveraged long or unleveraged short investments multiplied by the relevant leverage factor.

Applications to subscribe in any investment referred to in the Information must only be made on the basis of the relevant prospectus which includes, inter alia, various terms and conditions and information on the risks associated with the planned investment. In particular, investors should consider the section entitled 'Risk Factors' in order to assess the risks associated with a specific investment.

 

No warranty

Certain documents included in the Information have been prepared and issued by persons other than ETFS UK. This includes any prospectus and any supplements thereto. ETFS UK (and its directors, employees, officers, agents and affiliates) is not responsible in any way for the content of any such document. Except in those cases, the Information has been given in good faith, is not intended to mislead and every effort has been made to ensure its accuracy. Nevertheless, ETFS UK makes no warranty as to the accuracy of the Information or as to the performance of any product. The description of any security referred to in the Information is a general one. The Information may be updated or otherwise amended without further notification. However, ETFS UK is not obliged to update or otherwise modify the Information.

None of the third party data providers used to source the Information make any warranty or representation of any kind relating to the accuracy, completeness or timeliness of the data provided or regarding the advisability of investing in securities or commodities generally or in any particular product, nor shall they have liability for any damages of any kind relating to such data. Any trademarks and service marks contained herein are the property of their respective owners.

None of the index providers referred to in the Information nor their licensors make any warranty or representation whatsoever either as to the results obtained from use of the relevant indices and/or the figures at which such indices stand at any particular day or otherwise. None of the index providers shall be liable to any person for any errors or significant delays in the relevant indices nor shall be under any obligation to advise any person of any error or significant delay therein.

 

No liability for loss or damage

ETFS UK (and its directors, employees, officers, agents and affiliates) shall not be responsible for any loss or damage occasioned as a result of reliance placed on any part of the Information, any failure to access the website or any other act or omission, whether or not such loss or damage was in the control of or otherwise contemplated by ETFS UK.

 

Copyright and trademarks

The content and form of the Information are protected by copyright. Any reproduction of the Information is subject to the prior written approval of ETFS UK.

The Information contains various registered and unregistered trademarks belonging to ETFS UK or its affiliates. These trademarks include, but are not limited to, the ETF Securities logo, the joint Lombard Odier Investment Managers and ETF Securities logo, "ETFX", "ETF Securities" and "ETF Exchange".

 

Hyperlinks

Clicking on hyperlinks contained in the Information may direct the user to websites that are not under the control or responsibility of ETFS UK. ETFS UK has not reviewed or endorsed the content of any external website and is not responsible for any loss or damage caused by such content. Accessing any external websites via hyperlinks contained within this website shall be entirely at your own risk.

 

Enforceability

If at any time a provision (or any part of a provision) of these Conditions of Use becomes unlawful, invalid or unenforceable under the laws of a particular jurisdiction, this does not affect the lawfulness, validity or enforceability of the other provisions (or the remaining parts of such provision) in this or any other jurisdiction.

 

Governing law and jurisdiction

As far as legally permitted, these Conditions of Use shall be governed by and construed in accordance with English law and any dispute arising therefrom shall be subject to the exclusive jurisdiction of the English courts.