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No Advice or Recommendations
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Some of the materials presented in the Website may allow Clients to perform calculations and carry out analysis on the basis of hypothetical results, figures and indices. Hypothetical performance results have many inherent limitations. There are frequently sharp differences between hypothetical performance results and actual results subsequently achieved by any particular trading program. Client should recognise that hypothetical trading does not involve financial risk, and no hypothetical trading record can completely account of the impact of financial risk in actual trading, for example, the ability to withstand losses or to adhere to a particular trading program in spite of losses are material points which also can adversely affect actual trading results. There are numerous other factors related to the markets in general or to the implementation of any specific trading program which cannot be fully accounted for in the preparation of hypothetical performance results and all of which can adversely affect actual trading results.
Disclosure of Potential Conflicts
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- Any research analyst involved in the preparation of any research reports accessed via the Website receives compensation that is based upon, among other factors, Deutsche Bank's overall investment banking revenues.
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- To the extent that you access the portal from within in Australia, or that you disclose information to Deutsche Bank AG (ABN 13 064 164 162) and its subsidiaries, including Deutsche Australia Limited (DB Australia), DB Australia is bound by the Privacy Act 1988 (Cth). By accessing and using the research portal, you acknowledge and agree that the portal will be hosted and operated by a third party vendors of DB Australia, including Markit On Demand Inc. and Dell Marketing L.P, both which are companies registered and operating from the United States. In addition to the territories mentioned above, we may disclose your personal data or personal information to offshore territories including the United States, Germany, Hong Kong, and the United Kingdom. By accessing the research portal you consent to such overseas disclosure. You acknowledge and consent to the fact that the overseas recipients of personal information will not be required to handle that information in accordance with local Australian privacy laws, that the overseas recipients will not be accountable under local Australian privacy laws, and that you will not be able to seek redress under those local Australian privacy laws.
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- Deutsche Bank is not under any obligation to update any content or opinions contained in any research or other report or continue to offer such reports regarding any company or financial instrument. Quotes, news, corporate actions and other market information data shown on the Website is provided as specified and may be current as at close of business the previous day, real time or delayed. Where such material is delayed it shall be delayed by at least 15 minutes.
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Limitation of Liability
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- Deutsche Bank's total liability arising out of or in connection with the Website or otherwise under these Website Terms shall be limited to the sum of £10000 (ten thousand pounds sterling).
- Nothing in these Website Terms excludes or limits Deutsche Bank's liability for fraud or for personal injury or death caused by Deutsche Bank's negligence.
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Client will indemnify and keep indemnified Deutsche Bank, and its respective directors, officers, employees and agents, fully and effectively (to the fullest extent permitted by law) from and against any and all claims, actions, demands, proceedings, losses, liabilities, damages, costs and expenses (including legal fees, costs and expenses on a full indemnity basis) suffered or incurred by Deutsche Bank arising out of or relating to (directly or indirectly): (i) Client's actions that are inconsistent with or in breach of these Website Terms and the foregoing shall include (but not limited to) any claim of defamation, libel, slander, obscenity, invasion of privacy or any allegation thereof or infringement or alleged infringement of copyright, trade mark, moral right, database rights or patent or of obligations of confidence or any other claims anywhere in the world brought by third parties or any failure by Client to meet any third party obligations; (ii) Client's violation of any applicable national or international law, rule or regulation in connection with its use of the Website; and (iii) any third party claims arising out of or in connection with Client's use of or inability to use the Website.
The Website may contain links to other websites which are not controlled by Deutsche Bank and contain material produced by independent third parties. The owners of any such linked websites do not necessarily have any relationship, commercial or otherwise, with Deutsche Bank. The existence of a link from the Website to any third party website does not constitute a recommendation or other approval by Deutsche Bank of such website its content or any provider thereof. Any opinions or recommendations expressed on third party websites are those of the relevant provider and are not the opinions or recommendations of Deutsche Bank. Deutsche Bank accepts no responsibility for content provided on any website that may be accessed through links on the Website.
- These Website Terms may be terminated by Deutsche Bank or Client for any reason at any time.
- Following termination of these Website Terms Client shall, on request, promptly return to Deutsche Bank or destroy any content (including Third Party Content) or other materials provided by Deutsche Bank or made available on the Website. At Deutsche Bank's request Client will certify in writing the return or destruction of all such materials.
- Unless otherwise expressly provided: (i) on termination of these Website Terms Client's permission to access the Website ceases immediately; (ii) termination of these Website Terms shall have no effect on any transactions previously executed through the Website which shall continue to be governed by these Website Terms and shall not negate any action required by any party to complete or implement any transaction which is entered into prior to such termination.
- Without prejudice to clause 12.3 above, any access of the Website by Client following the termination of these Website Terms shall again be deemed to be subject to these Website Terms.
- Clauses 1.10, 3.2, 3.3, 7, 8, 9, 10, 12 and 13 to 21 (inclusive) of these Website Terms shall survive the termination of these Website Terms for any reason.
Regulatory, Corporate and Contact Details
- The Website is provided by Deutsche Bank AG London, a branch of Deutsche Bank AG, whose branch registration number in England and Wales is BR000005 and whose branch address is Winchester House, 1 Great Winchester Street, London EC2N 2DB. Deutsche Bank AG London can be contacted by phone on +44 (207) 545-8000, or by e-mail to email@example.com. The VAT registration number for Deutsche Bank AG London is GB 243 6097 61.
- Deutsche Bank AG is authorised under German Banking Law (competent authority: BaFin – Federal Financial Supervisory Authority) and by the Prudential Regulation Authority and subject to limited regulation by the Financial Conduct Authority and Prudential Regulation Authority. Deutsche Bank AG is a member of the London Stock Exchange and is a stock corporation domiciled in Frankfurt am Main HRB No. 30 000District of Court Frankfurt am Main.
- In the U.S. all research reports accessed via the Website are approved and/or distributed by Deutsche Bank Securities Inc., a member of the NYSE, the NASD, NFA and SIPC.
- All research reports accessed via the Website are distributed in Hong Kong by Deutsche Bank AG, Hong Kong Branch, in Singapore by Deutsche Bank AG, Singapore Branch, and in Japan by Deutsche Securities Inc.
Client acknowledges and accepts that any services provided through this Website involve transmissions over the Internet and that such transmissions are therefore subject to the Internet's inherent risks. Whilst Deutsche Bank acknowledges its responsibility to take reasonable security precautions, Client also acknowledges and accepts that, as with any network, Client may also be exposed to unauthorised invasions of privacy during, or as a result of, using the Website, system-threatening viruses and other unauthorised and invasive programs transmitted by third parties, eavesdropping and electronic trespassing, fraud and forgery and/or the failure of information and data to reach their intended destinations and/or erroneous receipt or misdirection of such information. Although Deutsche Bank and its suppliers' privacy and security features are designed to reduce these risks, Deutsche Bank cannot guarantee their elimination. Client therefore acknowledges that no transmission via the Website shall be deemed confidential and that Deutsche Bank shall not be liable for any breach of confidence arising as a result of such event.
Assignment, Subcontracting and Delegation
These Website Terms are for the benefit of Deutsche Bank and the members of the Deutsche Bank AG Group of companies, their successors and assigns. Deutsche Bank may assign or transfer any of its rights under these Website Terms. Deutsche Bank may delegate or subcontract the performance of any obligation under these Website Terms.
Deutsche Bank may vary or amend these Website Terms at any time. Any amendments to these Website Terms will be displayed on the Website or otherwise communicated to Client and Client will be deemed to have accepted such amendment if it continues to access or use the Website.
In the event of any inconsistency between these Website Terms and any master or other specific agreement between Client and Deutsche Bank relating to the particular product or services traded or offered through the Website that other agreement shall prevail.
No failure or delay on the part of Deutsche Bank in exercising any right or remedy under these Website Terms shall operate as a waiver of, or impair, any such right or remedy. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other rights or remedies. No waiver of any right or remedy shall be deemed a waiver or modification of any other right or remedy under these Website Terms.
If at any time any provision of these Website Terms is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of any other provision of the Website Terms.
Contracts Rights of Third Parties
Subject to the benefits of Deutsche Bank Group companies and employees, directors, agents and sub-contractors of Deutsche Bank expressly reserved in these Website Terms, a person who is not a party to this agreement has no right (including under the Contracts (Rights of Third Parties) Act 1999) to enforce any term of the Website Terms, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
Governing Law and Jurisdiction
These Website Terms are governed by and shall be construed in accordance with the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the English courts.
Addendum for Clients Unbundling Research Payments and Receiving US Originated Research Services
If the Research Services include research that is communicated or prepared by Deutsche Bank Securities Inc. (“DBSI”) (“U.S.-Originated Research”), you represent, warrant, acknowledge and agree that:
- U.S.-Originated Research does not include information from, or access to, DBSI’s sales personnel, traders or sales-traders; such information and access has been and will continue to be delivered as part of the execution services provided by DBSI in its broker-dealer capacity and not as an investment adviser for a separate fee;
- You may receive U.S.-Originated Research only in connection with your role as investment adviser and portfolio manager for other investors and investment funds that are Clients of yours (“Manager Clients”).;
- Any Manager Client for whom you use U.S.-Originated Research (a) is not a pension or employee benefit plan subject to the U.S. Employee Retirement Income Security Act (“ERISA”), nor a person or entity subject to the retirement plan provisions of the U.S. Internal Revenue Code (the “Code”) nor an entity whose underlying assets are subject to such laws, and (b) is not a governmental, church or non-U.S. plan that is subject to any law that is substantially similar to the "prohibited transaction" rules of ERISA or the Code;
- You are required under Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, as implemented by the European Union member states (i.e., "MiFID II”) , either directly or by contractual obligation, to pay for U.S.-Originated Research from your own money, from a separate research payment account funded with your clients’ money or a combination of the two; and
- DBSI and DB AG are not acting as investment advisers to you or the Manager Clients in connection with the U.S.-Originated Research.
Additional information available at https://research.db.com/Research/Disclosures/Disclaimer.Deutsche Bank AG
1 Great Winchester Street
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