Terms and Conditions

No contract

Use of the Xetra-Gold® website does not result in a contractual relationship between the user and Deutsche Börse Commodities GmbH. To that extent, no contractual or quasi-contractual claims arise against Deutsche Börse Commodities GmbH. In case the use of the website should lead to a contractual relationship, the following liability limitation shall apply as a precaution: Deutsche Börse Commodities GmbH is liable for intent and gross negligence and breach of an essential contractual obligation (cardinal obligation). Deutsche Börse Commodities GmbH is liable for damages under limitation to the foreseeable type of contract-typical damage caused by a slightly negligent breach of cardinal obligations by Deutsche Börse Commodities GmbH or one of its legal representatives or agents. Deutsche Börse Commodities GmbH is not liable for slightly negligent breach of accessory obligations which are not cardinal obligations. The liability for damages that fall within the scope of a guarantee or warranty granted by Deutsche Börse Commodities GmbH and liability for claims under the German Product Liability Act (Produkthaftungsgesetz) and damages resulting from injury to life, limb or health remains unaffected hereof.

No offer

No content of this Xetra-Gold website should be considered as an offer to purchase the Xetra-Gold securities (hereinafter “the Product”) as described on this Xetra-Gold website. The prices and valuations published on the Xetra-Gold website are indicative and are for information purposes only, as is other information displayed on this website.

Securities suitable only for certain investors

The securities described on this website are not suitable for everyone. Investments involve a degree of risk. The securities’ value can de- as well as increase. Investors should not trade in the securities unless they recognise all risks involved, understand how they work and the nature and extent of these risks.

Prospectus as basis for decision

The prospectus referring to the Product is available on the Xetra-Gold website. Investors should read the prospectus, including any supplements thereto, before making an investment decision in order to fully understand the potential risks and rewards associated with an investment in the Product.

No investment advice

Information made available on the Xetra-Gold website should not be considered as investment advice or any form of recommendation to purchase the Product described on this website.

Historical performance

Past performance information contained on the Xetra-Gold website is not indicative of future results.

Liability for content

As a service provider according to § 1 para. 4 of the German Digital Services Act (Digitale Dienste-Gesetz, herinafter “DDG”), Deutsche Börse Commodities GmbH is only responsible for its own content on the Xetra-Gold website under the general laws. According to § 7 DDG and Art. 4 of the European Digital Services Act (DSA), Deutsche Börse Commodities GmbH is not obligated as a service provider to monitor transmitted or stored information, or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. A relevant liability is only possible from the date of knowledge of a specific infringement. Upon notification of such violations, Deutsche Börse Commodities GmbH will remove the content immediately.

Use of the Xetra-Gold website

Changes to the Xetra-Gold website

Deutsche Börse Commodities GmbH strives to provide the service without disruption. In addition, Deutsche Börse Commodities GmbH reserves the right to partly or completely change the Xetra-Gold website at any time and to restrict, interrupt or terminate its service.

Changes of terms and conditions of use

Deutsche Börse Commodities GmbH reserves the right to modify or amend these terms and conditions at any time.

Copyright

Content and design of the Xetra-Gold website are protected by copyright. Any copying of the website or of its content requires the prior written consent of Deutsche Börse Commodities GmbH.

Data privacy policy

Deutsche Börse Commodities GmbH respects the privacy of its clients. Personal data, which are collected when visiting the website, are processed according to the requirements under German law. For details on data privacy, see Privacy policy.

Safety of communication

Communications over the internet and by e-mail cannot be guaranteed to be secure. There is a risk that information contained within an e-mail communication and any attachment thereto, including potentially confidential information, may be intercepted, lost, destroyed or delayed in transmission. Although Deutsche Börse Commodities GmbH will use reasonable efforts to minimise such risk, it does not warrant that any of its communication or e-mail or any attachments thereto that is/are sent out will be free from viruses, worms or other harmful components.

Hyperlinks

Some of the hyperlinks contained on the Xetra-Gold website may lead the user to external websites that are not under the control of Deutsche Börse Commodities GmbH and for the content of which Deutsche Börse Commodities GmbH is not responsible. When the user clicks on such a link, the user will leave the Xetra-Gold website. Deutsche Börse Commodities GmbH is not responsible for the content of any websites reached by means of such a link.

Governing law; jurisdiction

Governing law

These terms and conditions are exclusively governed by and shall be construed in accordance with German law.

Jurisdiction

Each private user who is not a resident of one of the countries for which the Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters is applicable, or which have entered and ratified the Convention on jurisdiction and enforcement of judgements in civil and commercial matters signed at Lugano on 16 September 1988, and all commercial users are subject to the exclusive jurisdiction of the competent court of Frankfurt am Main, Germany, in respect of any disputes arising under these terms and conditions.

Other agreements

If at any time any provision (or part of any provision) of these terms and conditions is, or becomes, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any other part of this provision) of these terms and conditions.

Selling restrictions

The Product described on the Xetra-Gold website is not eligible for sale in all countries and in any event may only be sold to qualified investors. The prospectus contains information as to the selling restrictions applicable to the Product and the user should read them carefully.

In particular, the following restrictions apply:

U.S. Persons and legal entities resident in the United States:

The information set out on the Xetra-Gold website is not directed to the United States. U.S. Persons (as defined in Regulation S under the US Securities Act 1933) and legal entities resident in the United States may not enter the Xetra-Gold website. Information from this Xetra-Gold website may not be distributed or redistributed into the United States or into any jurisdiction where it is not permitted.

The securities have not been and will not be registered under the U.S. Securities Act of 1933 and trading in the securities has not been approved for purposes of the U.S. Commodities Exchange Act of 1936. The securities may not be offered or sold in the United States, to U.S. Persons or legal entities resident in the United States.

The Product described on the Xetra-Gold website is only offered or sold to persons in any other jurisdiction, if permitted by applicable law.