Terms of Use

Terms for using Thomas-Lloyd.com

The use of this website operated by ThomasLloyd AG (“ThomasLloyd”) (www.thomas-lloyd.com, the “Site”) and of materials contained on this Site is only admissible in accordance with these terms (the “Terms of Use”). These Terms of Use apply for the benefit of ThomasLloyd and any companies affiliated to ThomasLloyd in the meaning of section 15 German Stock Corporation Act (Aktiengesetz – AktG) and shall also extend to their legal successors. You are responsible for all persons accessing the Site via your Internet connection to know and comply with these Terms of Use. General Terms and Conditions of ThomasLloyd AG as well as separate contractual agreements made between you and ThomasLloyd AG may prevail over these Terms of Use.

Section 1. Right of Use

As far and as long as you comply with the Terms of Use and, if applicable, with the agreements made with ThomasLloyd, ThomasLloyd grants to you a non-exclusive, non-transferable right of use to the Site and the material and information contained on it, revocable at any time.

By granting access to the Site, no rights to the Site and its content shall be transferred. You may upload information displayed on your computer screen in the course of using the functions and services of this Site for viewing purposes and print such information for private, non-commercial use. No further rights shall be granted. You are in particular not entitled to download, change, reproduce, publish, use, copy, distribute or exploit in any other way any part of the content or the design, including brand names, product labels, domain names, logos, etc. Any copying of the Site’s content or design is subject to express prior written consent by ThomasLloyd.

Without express prior written consent by ThomasLloyd, no contents, and in particular no links to other websites, may be inserted in or saved on the Site. ThomasLloyd expressly prohibits any use for the purpose of engaging in competition with ThomasLloyd or other members of the ThomasLloyd group or interfering with their business. You may not use the Site to offer services to or for the benefit of third parties.

Section 2. Registration

Users can register with the Site in order to subscribe to a newsletter or to access other functions which may be added to the Site in the future. If you do not register you cannot use the advantages of such a programme or such a function. You do not have an entitlement to be registered with ThomasLloyd. By registering for the Site you agree to provide up-to-date and correct information on you to ThomasLloyd as required by ThomasLloyd and to inform ThomasLloyd about any changes to the data provided to ThomasLloyd for this purpose without undue delay in the designated way. You have to ensure that you actually receive e-mails sent to you by ThomasLloyd.

As far as registration requires to choose a user ID and a password, you are responsible for keeping the user ID and the password secret and you are responsible for any online activities carried out on the Site or via the Site using this user ID and this password. You covenant to (a) ensure that third parties will not gain knowledge of the user ID and the password, (b) inform ThomasLloyd immediately after becoming aware of any unauthorised use of your user ID and your password, and (c) log off at the end of each visit to the Site and to leave the Site. Following the receipt of your notification about the unauthorised use of your user ID and password, ThomasLloyd will immediately block the access to the area of the Site which is protected by the user ID and the password and will only unblock it after a new registration of the user giving a new user ID and password.

ThomasLloyd is entitled to temporally suspend or completely terminate your registration at any time without giving reasons therefor and without notice. ThomasLloyd shall in particular be entitled to such suspension or termination in case of a breach of these Terms of Use on your part or if you have not used the Site over a longer period of time. You may request the deletion of your registration at any time in writing or by e-mail unless the execution of ongoing contractual obligations prevents such deletion. In such case ThomasLloyd will delete your user ID, your password and any other of your stored personal data as soon as they are no longer required.

Section 3. Access to the Site, availability and changes

ThomasLloyd does not assume any liability for the ongoing availability and accessibility of the Site. The access to the Site may at any time be temporally restricted in full or in part and may be interrupted or restricted without prior notice and the operation of the Site, including the services and information offered on the Site, may be discontinued at any time. ThomasLloyd reserves the right to change, supplement or delete the content of the Site, including any and all services and functions available in connection with this Site, at any time and without prior notice.

Section 4. Intellectual property rights

The Site and its content and design, including any and all data, texts, pictures, files, applications etc. which are available on the Site, which the Site needs to function properly or which may be downloaded from the Site are protected by copyright, trademark rights and other rights. You are not allowed to delete or change any alphanumeric codes, trademarks and copyright entries from the information or from other applications of this Site nor from any copies thereof. Any other legal provisions regarding the protection of copyright, trademark rights and other rights in the intellectual property of ThomasLloyd shall remain unaffected.

Except for personal data covered by our  Privacy Statement, any materials you transfer to this Site shall not be deemed as confidential or protected with regard to copyright. ThomasLloyd does not assume any liability with regard to such data. ThomasLloyd and persons/organisations specified by ThomasLloyd have the right to copy, publish, distribute, integrate into systems or use in any other way such data and any data, pictures, sounds, texts and other materials contained therein for commercial and non-commercial purposes of any kind.

Section 5. No offer; no advising; no binding investment information

The Site and its information and content are of a purely general nature and constitute neither an offer to enter into a contract nor any financial, service, investment or other advice (including any type of legal, tax or financial advice as well as advice regarding benefits, usability and profitability of securities and other investments) and do not replace reasonable and individual advice. You should not exclusively rely on the information contained on this Site and should always additionally seek independent, professional advice, in particular with regard to financial, tax and legal matters, prior to making any investment decisions because this Site does not set out any and all issues and criteria which are of importance to you personally or to your company, respectively, during the process of making an investment decision and does not show any and all possible alternative options which might match your purposes and needs as well or even better.

ThomasLloyd does not enter into a contractual relationship with you due to the provision of information or your calling up of information, respectively. The Site and its content shall not be seen as a recommendation for entering into or refraining from entering into certain transactions and deals or as recommendation, offer or request to trade, purchase or sell or use securities, other financial products or services which previously require reasonable and individual advice. In certain cases, the Site may display offering circulars, prospectuses or memoranda with regard to private placements which refer to a specific product. ThomasLloyd does not assume any liability for these circulars, prospectuses or memoranda. Users should carefully read the information contained therein and seek additional professional advice prior to making an investment decision.

Information on this Site concerning the development of securities and other financial products and investments is based on experience made in the past from which indication or binding statements regarding future developments, in particular regarding future gains or losses, cannot be gathered. An investor may achieve profits or losses in an investment, and each investor has to face the possibility of loosing the entire amount invested. The products contained in this Site are neither state-insured nor guaranteed – unless explicitly stated otherwise.

Any opinions, statements and estimates made by ThomasLloyd on this Site and marked as such represent the opinion, statement and estimate at the date of publication only and may be changed at any time and they do not in any case represent binding statements or warranties by ThomasLloyd. Price levels and valuations published on the Site are purely indicative and non-binding and are given for informational purposes only. News, prices and other up-to-date information are usually shown time-delayed.

Section 6. Exclusion of Liability and Warranty

The purpose of the Site is to provide the public with general information on ThomasLloyd and to enable customers and potential customers to communicate with ThomasLloyd. The Site is also a source of information for customers and potential customers of ThomasLloyd with regard to the products and services available from ThomasLloyd and its affiliated companies.

ThomasLloyd does not assume liability and warranty for defects of quality or title of the Site, including technical deficiencies and viruses, and of the information and applications provided on the Site as well as for the correctness of the results you or other third parties have retrieved from this Site. ThomasLloyd does furthermore in particular not assume warranty for the Site and its content being correct, error-free, complete, up-to-date, marketable and usable nor its fitness for a particular purpose nor its non-infringement of third party’s property rights, trade mark rights and copyrights nor your ability or unability to use the Site and its contents. ThomasLloyd does not assume responsibility if the Site and its content is not available or only available in parts or cannot be used or only used in parts due to technical or other deficiencies.

The Site and its content are provided “as they are”. ThomasLloyd excludes any liability or warranty with regard to the use (or the impossibility to use) the Site and its content, as far as this is effective and as far as there is no mandatory statutory liability for intent, gross negligence or injury to life, body or health.

ThomasLloyd does in particular not assume liability for direct or indirect damage and loss as well as consequential damage, even if the possibility of such damage or loss is expressly pointed out, in connection with the use of the Site or the access to the Site, respectively. This also applies to the loss of income, profit, expected savings and other damage or loss which mainly occur due to orders, investment decisions or the purchase and sale or trade of third party’s products based on information provided on the Site.

Section 7. Regional restrictions

The Site and the products and services described therein are not intended for users resident or staying in or with nationality of the United States of America, Australia, Canada and Japan and are not intended for persons in countries or jurisdictions in which the offer or distribution of such products and services or the publication of information thereon to such persons is restricted or prohibited in full or in part due to nationality, residence or other reasons. Persons for which the Site is not intended under this section 7 are not allowed to access the Site, and information contained on the Site must not be distributed in countries and jurisdictions in which such distribution is not permitted.

The offering circulars, prospectuses and/or private placement memorandums contain information as to the selling restrictions applicable to any particular product described on the Site and the user should read them carefully. The securities described in these Website pages have not been and will not be registered under the US Securities Act of 1933 and trading in any such securities has not been approved for purposes of the US Commodities Exchange Act of 1936. Any such securities may not be offered or sold in the United States, to US citizens or US residents.

Section 8. Information given and estimates made by third parties

Any and all opinions, advice, statements, services, offers or other information or contents made available by third parties (including information providers or users of this Site) are exclusively opinions, advice, statements, services, offers or other information or contents of their respective originator and not of ThomasLloyd. ThomasLloyd does not necessarily agree with such opinions, advice or statements made on the Site and does not assume any liability for their correctness, completeness and reliability.

Section 9. Information on possible conflicts of interest

ThomasLloyd and its affiliated companies in the sense of section 15 of the German Stock Corporation Act (Aktiengesetz – AktG) and their respective managers, employees and agents (“Members of the ThomasLloyd Group”) may have or have had personal interests in securities or other financial products or investments or other assets and/or relationships with companies referred to on this Site, either directly or indirectly, e.g. by owning or trading in such assets themselves or acting as market makers for such assets or by providing services for such companies.

Section 10. Indemnification

You hereby release the individual members of the ThomasLloyd group from any claims, lawsuits, obligations, claims for damages, costs and expenses, including reasonable lawyer’s fees, which may be raised, commenced or incurred by third parties due to your using the Site and its content and you hereby undertake to indemnify the relevant persons of the ThomasLloyd group in case such claims are asserted against them. This shall not apply to the extent that the relevant person of the ThomasLloyd group has intentionally or grossly negligently caused such claims, lawsuits, obligations, claims for damages, costs or expenses.

Section 11. Hyperlinks to other websites

When using certain hyperlinks on ThomasLloyd's website, you may leave the Site of ThomasLloyd. ThomasLloyd is not responsible for the content of websites which can be reached via hyperlinks. ThomasLloyd can therefore not guarantee or assume any liability for the correctness, completeness or topicality of information which can be reached via hyperlinks. ThomasLloyd expressly states that it does not assume any liability for information which can be reached via hyperlinks on the Site. You may neither use any part of this Site on any other website nor link any other website to this Site without prior written permission. 

Section 12. 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 ThomasLloyd will use reasonable efforts to minimise such risk, it does not warrant that any communication or e-mail or any attachments thereto, that is sent out, will be free from viruses, worms or other harmful components.

Section 13. Export and international laws

The export of certain information, data or applications may be subject to special provisions, in particular export regulations and restrictions, and may be subject to authorisation. You undertake to strictly adhere to the relevant regulations for such export, in particular those issued by the EU or its individual member states, respectively, and the US, as well as the relevant regulations of the country to which the information, data or applications are to be transferred and to obtain in advance any necessary permissions. You undertake not to export or import any content of the Site to or from a country for which such export or import is prohibited under the laws of the USA. You declare that you are not a citizen of such country. You furthermore undertake not to use the content of the Site for any purpose which is illegal under the laws of any country.

Section 14. Applicable law, jurisdiction, amendments and severability clause

These Terms of Use, your using the Site and downloads from this Site are exclusively subject to German law under the exclusion of the UN Purchase Rights. Any disputes arising in connection with these terms of use or your using this Site are subject to the jurisdiction of German courts. The place of jurisdiction shall be Stuttgart if the user is merchant within the meaning of the German Commercial Code (Handelsgesetzbuch – HGB). ThomasLloyd operates and takes the responsibility for this Site. Since ThomasLloyd has its registered office in Germany, the Site follows the relevant legal requirements applicable in Germany. ThomasLloyd does not guarantee that the Site, its use or these Terms of Use correspond (in full or in part) to the relevant laws outside Germany. If you access this Site from outside Germany, you are doing so on your own initiative and are solely responsible for observing the applicable laws and regulations applicable in your respective jurisdiction in connection with the Site and its content.

ThomasLloyd may amend, supplement or replace the Terms of Use at any time. At the beginning of your visit to the Site, you should carefully read the Terms of Use with regard to possible amendments or supplements. Any side agreements or contractual agreements which supplement or override these Terms of Use shall be made in writing.

If any provision of these Terms of Use is in full or in part invalid, illegal or unenforceable under the laws of any jurisdiction, this shall not affect the validity, legitimacy or enforceability of the remaining provisions of these Terms of Use.