Legal Disclaimer relating to the use of the HSBCfast - Web-based Fund Ordering System

The use of the HSBCfast - Web-based Fund Ordering System is subject to the agreements concluded between HSBC Trinkaus & Burkhardt GmbH ("HSBC Germany") and the user.

The HSBCfast - Web-based Fund Ordering System is not a tool for the public sale and distribution of the financial instruments tradable via this system. Only the user is exclusively responsible for complying with the rules governing the public sale and distribution of financial instruments tradable via this system.

The user consents to and accepts, above all, the following:

  • HSBC Germany is unable to exert any influence over whether the individual fund or investment company will accept subscription or redemption orders and is therefore not in a position to guarantee such acceptance;
  • HSBC Germany will not be liable for the correctness, completeness and currency of the information, which is delivered to HSBC Germany by providers and third parties and which was made available to the user on the HSBC Germany website, and this disclaimer also specifically applies to any cut-off times imposed by the respective individual fund or investment company;
  • HSBC Germany will not be liable for any disruptions to hardware, software or any means or lines of communication as well as any related changes, order falsifications or interruptions to the order forwarding, unless the untimely forwarding was caused by HSBC Germany' gross negligence or by its intentional acts or omissions;
  • HSBC Germany provides no investment advice to the user, and its services are rendered exclusively on an execution-only-basis;
  • The user is responsible for ensuring that only empowered persons authorised by it will have access to the system and agrees that it will be subject to unlimited liability with respect to any misuse and unauthorised use of the system;
  • The user will indemnify HSBC Germany and third parties with respect to any and all direct or indirect damages, which HSBC Germany and/or third parties incur as a result of the user, third persons authorised by the user or the user's customers relying on the system to engage in market practices such as market timing, late trading, short selling, frequent trading, excessive trading or other similar practices, and HSBC Germany has the right to disclose the identity of the user to the counterparty if suspicion arises that the user is engaging in such market practices.
  • In addition, HSBC Germany reserves the right to make changes to or supplement the information provided and the Terms of Use without any prior notice to the user.

In addition to this Legal Disclaimer, the user is also subject to the general Legal disclaimer and Internet security disclaimer regarding the Use of the HSBC Germany Internet Offer as well as the HSBC Germany Standard Terms and Conditions. HSBC Trinkaus & Burkhardt GmbH, Hansaallee 3, 40549 Düsseldorf, Germany.