Use
of Video Call - "Video Call" is a web-based communication
tool powered by Telefision Corporation AG. Dukascopy Bank SA ("Dukascopy"),
for the purpose of communication between you as user ("You")
and representatives of Dukascopy, grants You, at its entire discretion,
a limited, non-exclusive, non-sublicensable, non-assignable, free of
charge license to use Video Call on a personal computer, mobile
phone or other device. You acknowledge and agree that no trading instructions or notifications
of any kind You may want to make through the Video Call shall be
accepted by Dukascopy.
User's Identification - Without
so being obliged, Dukascopy may request at any time that You provide
such indications to allow Dukascopy to establish Your identity with
certainty.
Recordings and Storage of Data
- Dukascopy may record and/or protocol all communications, including
all data exchanged through Video Call and You grant to Dukascopy
an unlimited, royalty-free license on the content of all communication
and data exchanged through Video Call for an indefinite period
of time. Dukascopy shall be entitled to use such recordings or transcripts
thereof as evidence towards You and/or any party (including but not
limited to any regulatory authority and/or any court of law) to whom
Dukascopy at its entire discretion deems it to be desirable or necessary
to disclose such information in any dispute or anticipated dispute involving
Dukascopy and/or You. However, You shall not rely on such recordings
to be available.
Risk Acknowledgement - By communicating
with Dukascopy through Video Call, You acknowledge and agree that
You are exposed to risks associated thereto such as - without limitation
- the failure of hardware, software and communications network and infrastructure.
The content of communications may be altered, may not reach their intended
destination or may do so much later than intended, for reasons outside
the control of the parties or may be duplicated, disseminated or intercepted
by not authorised parties and/or reach other persons than the intended
addressee(s). In some instances, telecommunication operators may impose
restrictions to some services and/or may not accept the transfer of
certain data or impose specific conditions thereto. You acknowledge,
agree and accept the possible occurrence of the aforementioned mistakes,
errors, interruptions or unavailability of communication and that You
shall bear the responsible for any consequences thereof.
Dukascopy's Waiver of Liability
- Video Call is provided on an "AS IS" and "WITH ALL ITS FAULTS"
basis. Dukascopy does not warrant that it will be able to maintain a
continuous and uninterrupted service and shall have no liability in
that respect, in case of interruption or failure, delay or errors in
transmission of Video Call. In particular, Dukascopy shall be free
to interrupt the functioning of Video Call at any time without
prior notice to You for maintenance and/or upgrading purposes, without
limitation. Dukascopy shall have no liability for any claims, losses,
damages, costs or expenses, including attorneys' fees, to You and/or
any third party arising from or in connection with the use of Video Call.
User's Waiver of Swiss Banking Secrecy - Although Dukascopy is
a bank under Swiss laws, You acknowledge that Video Call uses hardware
that may be located outside Switzerland and, as a consequence, Swiss
banking secrecy shall not apply. Therefore, You expressly waive the
benefit of Swiss banking secrecy protection on all information and data
exchanged through Video Call and release Dukascopy from any liability
in that respect.
Cross-Border Use - You must use
Video Call in accordance with the laws of where you are located.
In some countries there are restrictions on the use of software like
Video Call. It is Your responsibility to ensure that you are legally
allowed to use Video Call where You are located. By no means, using
Video Call outside of Switzerland shall be considered as Dukascopy
conducting any activity abroad. In particular, Your license to use Video Call
as per section 1 above shall not be construed as an offer of any (financial)
services from Dukascopy where this is not allowed or limited by law
or statute.
Content of Communications - The
content of communications is entirely the responsibility of the person
from whom such content originated. You are responsible for the content
you choose to communicate. In particular, without limitation, You are
responsible for ensuring that You do not submit material that is (a)
copyrighted, protected by trade secret or otherwise subject to third
party proprietary rights, including privacy and publicity rights, unless
You are the owner of such rights or have permission from their rightful
owner; (b) a falsehood or misrepresentation; (c) offensive, unlawful,
harmful to minors, obscene, defamatory, libellous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive, or that encourages
conduct that would be considered a criminal offense, gives rise to civil
liability, violates any law, or is otherwise objectionable; (d) an advertisement
or solicitation of business; or (e) impersonating another person. Dukascopy
reserves the right (but shall have no obligation) to review content
for the purpose of enforcing these terms. Dukascopy may in its sole
discretion block, prevent delivery of or otherwise remove the content
of communications.
Important Restrictions - You
may not and You agree not to (a) sub-license, sell, assign, rent, lease,
export, import, distribute or transfer or otherwise grant rights to
any third party in Video Call; (b) undertake, cause, permit or
authorise the modification, creation of derivative works or improvements,
translation, reverse engineering, decompiling disassembling, decryption,
emulation, hacking, discovery or attempted discovery of the source code
or protocols of Video Call or any part or features thereof (except
to the extent permitted by law); (c) remove, obscure or alter any copyright
notices or other proprietary notices included in Video Call; (d)
use Video Call or cause it (or any part of it) to be used within
or to provide commercial products or services to third parties; (e)
copy, store and/or anyhow use, share, disseminate, etc. all or part
of the content of communications with Video Call (as per section
8 above), including namely - without limitation - print screens, etc.
IT IS NOT PERMITTED TO POST CONTENT, CORRESPOND WITH, APPROACH,
OR OTHERWISE CONTACT OTHER LICENSEES OR DUKASCOPY’S CLIENTS IN ORDER TO
DISSEMINATE INFORMATION ON COMPETITORS OF DUKASCOPY, ADVERTISE DUKASCOPY’S
COMPETITORS OR THEIR SERVICES, OR OTHERWISE ENGAGE IN COMPETITIVE PRACTICES
BY USING THE SERVICES OFFERED TO THE LICENSEE. IN ADDITION TO CIVIL AND CRIMINAL
CONSEQUENCES AS DESCRIBED IN THE SWISS UNFAIR COMPETITION ACT, EACH CONTRAVENTION
OF THIS PROHIBITION SHALL RESULT IN AN OBLIGATION OF THE LICENSEE
TO PAY ANTICIPATORY DAMAGES OF CHF 500.00
Governing Law - These terms are governed exclusively by Swiss law.
Any dispute in connection with the use of Video Call shall be settled
by Swiss courts.