These terms and conditions govern the rules for using our website www.flowbank.com (our “Website”).
Our Website is owned and operated by FlowBank SA, a Swiss company, with registered office at Esplanade de Pont-Rouge 6, 1212 Grand-Lancy, authorised and regulated by the Swiss Financial Market Supervisory Authority (FINMA), whose address is Laupenstrasse 27, 3003 Bern.
We may amend these terms from time to time. Therefore, every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.
The information on our Website is not directed at residents of the United States or any particular country outside of Switzerland and is not intended for distribution to, or use by, any person in any country or jurisdiction where such distribution or use would be contrary to local law or regulation. It is the responsibility of visitors to this website to ascertain the terms of and comply with any local law or regulation to which they are subject.
If you choose or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us. Our contact details such as phone numbers, emails and chat are available on our Website. Should you decide to notify us through the chat, we recommend confirming your suspicions in writing by email.
Where our Website contains references or links to other sites, special offers or promotions by persons who are not part of our group of companies, these links are provided for your information only. Such links or offers should not be interpreted as approval by us of those linked website or information you may obtain from them.
Subject to any applicable law that cannot be excluded, we make no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of the goods or services available from these persons. Your obtaining of goods or services from these persons is at your own risk. You indemnify each member of our group of companies against all liability, loss, damage, cost and expense arising from or relating to your obtaining goods or services from a third party referred to on this website.
Market data or other information that we or any third-party service provider display on our Website, we emphasize that
(a) such data is indicative only and we and any such provider are not responsible or liable if any such data or information is inaccurate or incomplete in any respect;
(b) we and any such provider are not responsible or liable for any actions that you take or do not take based on such data or information; and
(c) such data or information is proprietary to us and/or any such provider and you are not permitted to retransmit, redistribute, publish, disclose or display in whole or in part such data or information to third parties except as may be required by any law or regulation.
These terms and conditions are governed by Swiss law. The place of performance of all obligations and the exclusive place of jurisdiction for any dispute arising out of or in connection with the relationship between us is Geneva, Switzerland. This shall also be the place of debt enforcement for you if domiciled abroad. Irrespective of the foregoing, we reserve the right to initiate proceedings before any competent court or jurisdiction, including the courts in the country of which you are a citizen or in which you reside.
If the whole or any part of a provision of these terms and conditions is void, unenforceable or illegal in a jurisdiction then that provision or, if permissible, the relevant part of it, will be severed in respect of that jurisdiction. The remainder of the terms and conditions will have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause will have no effect if the severance alters the basic nature of the terms and conditions or is contrary to public policy.
We may send notices to the email address provided to us by you. It is your responsibility to ensure that you notify us of any change to your email address. Any notice sent by us to your email address shall be deemed to have been delivered at the time of sending.
We have the right to terminate your use of this Website if we determine in our sole discretion that you have breached the terms and conditions.
Not all products and services referred to on our Website are necessarily provided by us. The identification or use of any third-party products, services, websites or networks is not an endorsement of such products, services or websites or networks. Our Website may allow you to access websites and networks provided by persons other than us via a hypertext or other link. We accept no responsibility or liability of any kind in respect of any materials on any website or network that is not under our direct control. You acknowledge that your access to such other websites or networks via such a link may require us to provide certain information about you to the proprietor of that website or network. Nothing in this website is intended to be nor should it be understood by you as being investment advice from or by us.
The products and services presented on this website are authorized for sale in Switzerland. They are not intended for any person/s who, based on their nationality, place of business, domicile or for any other reasons, is/are subject to legal provisions which prohibit foreign financial services providers from engaging in business activities in these jurisdictions, or which prohibit or restrict legal entities or natural persons from accessing websites of foreign financial services providers.
Where FlowBank is not authorized by the supervisory authority of a certain country, FlowBank can as a general rule not promote financial and banking services in that country.
In particular, FlowBank is not authorized by the supervisory authorities of the USA, Canada, Great Britain, Germany, Italy, and France. This website may however contain information, in particular about financial services and products offered by FlowBank, that may be considered by the supervisory authorities of the above-mentioned countries as a public offer of financial products or a canvassing targeting person domiciled in the concerned countries. If you are domiciled in one of the above-mentioned countries, you confirm that you access this website on your own initiative and without any solicitation from FlowBank.
Our Website contains public and client areas. The client area is accessible to clients who have opened an account and contains our internet platform. The internet platform allows you to access to your accounts details as well as to open and close positions with us
We will not be liable in any way for any loss or damage suffered by you through use of or access to our Website, or our failure to provide this Website. Our liability for negligence, breach of contract or contravention of any law as a result of our failure to provide our Website or any part of it, or for any problems with our Website, which cannot be lawfully excluded, is limited, at our option and to the maximum extent permitted by law, to resupplying our Website or any part of it to you, or to paying for the resupply of our Website or any part of it to you.
We emphasized that all the information provided, in particular the opinions, mathematical results and technical analyses published on our website, transmitted to you or obtained via the selection and decision-making tools proposed by FlowBank, is provided for information purposes only and SHOULD IN NO EVENT BE CONSTRUED AS AN OFFER, A PIECE OF ADVICE OR A RECOMMENDATION to buy or sell a particular security or to engage in any transaction whatsoever; nor should the information provided be construed as advice of any other type, for example of a fiscal or legal nature.
We may update and change our Website from time to time to reflect changes to our products, our users' needs, our business priorities or to comply with new regulations. We will try to give you reasonable notice of any major changes, by publishing regularly revised terms and conditions on our Website - we will not separately notify you of these changes.
In view of the above you agree to continue to be bound by these terms and conditions despite the modifications that can occur.
The website is the exclusive property of FlowBank. FlowBank’s proprietary rights shall not be altered in any way by any reproduction or use of the website.
All copyright, database rights, trademarks and other intellectual property rights in the content of this Website belongs to us or a third party including our licensors. This content may include names, terms and/or data which may or may not be identified with a symbol identifying it as a name, term or item in which copyright is claimed or a registered trademark is held. The lack of any such symbol should not, under any circumstances, be understood as meaning that the name, term or data is not the intellectual of either ourselves or a third party.
Any third-party intellectual property used by us in the content of our website should not be interpreted as meaning that the third-party owner sponsors, endorses or is in any way affiliated with us or with our business.
Except where necessary in order to view the information on this website on your browser, or as permitted under Swiss law or these terms and conditions, no information or content on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without our specific written consent.