Sections of this Document:
- Use of this website
- Important notice
- Important legal information and risk statement
- Proprietary rights (copyright)
- Changes to this website
- Disclaimer of warranties and limitation of liability
- Accuracy of information
- Investment advice - no offer or recommendation
- Local legal restrictions
- Third party links
- Governing law
- No Reliance
- The "SPDR" trademark
- Scope and content of this Website:
The SPDR Gold Trust website and all its microsites (collectively called "this Website") is operated and published by the World Gold Trust Services LLC, (“WGTS”) 685 Third Avenue, Suite 2702, New York, New York 10017, United States. Your use of this Website or any of its sections or pages is governed by the terms and conditions herein.
Users agree and acknowledge that WGTS reserves the right, without notice, to change or modify any of the terms and conditions on this Website in any manner and at any time. You are responsible for reviewing the updates to this Website and the amendments to these terms and conditions.
Also, it will be expressly considered that the user agrees with all provisions of these terms and conditions when it browses within this Website.
Use of this website
This Website is for authorized and qualified Mexican investors located in Mexico and the information and materials on this Website are provided for general informational purposes only. You are permitted to save, display or print out information contained on this Website only for your personal and informative purposes, and non-commercial use under any manner. Except as otherwise permitted by these terms and conditions, you are not permitted to modify, copy, distribute, transmit, display, reproduce, publish, license, frame, link, create derivative works from, transfer or otherwise use in any manner, in whole or in part, this Website or the information and materials on this Website without the prior written authorization of WGTS and with suitable accreditation to WGTS. To request such authorization, please contact us at [email protected]
The information in this Website is directed for informative purposes only to investors located in Mexico, and no other jurisdiction. Neither WGTS, SPDR, its sponsor, nor State Street warrant the accuracy or completeness of any price, tax, cost basis, or other information on this Website, or any investment, tax or other benefits associated with SPDR Gold Trust or SPDR Gold Shares. It is highly advice to the user to directly contact the sponsor of SPDR in the Mexican International Listing System (“SIC”), or seek the professional assistance of financial advisors, for any consult associated investing in SPDR.
The information on SPDR Gold Trust and SPDR Gold Shares contained in this Website is solely for informational purposes and does not constitute either an offer or invitation to sell or the solicitation of an offer to buy Gold Shares. This information on SPDR Gold Trust or SPDR Gold Shares is not, and is not intended to be, a complete and detailed description of all material information you should know about SPDR Gold Shares and SPDR Gold Trust. If you are considering whether to purchase a SPDR Gold Trust security, you should carefully read all the relevant information of SPDR and its prospectus, available through the spansor, Deutsch Securities. Also, professional assistance from specialized financial advisors is recommended. Please review all the information of the terms and conditions of this Website, and related sites.
Important legal information and risk statement
Due to the public nature of the internet, the information contained in this Website may be incomplete, altered, tampered with or lagged. Nevertheless, neither World Gold Trust Services LLC, SPDR Gold, Deutsch Securities, nor any of their affiliates, subsidiaries, sponsors, directors, or representatives will be liable for losses or damages of any kind suffered or incurred as a result of the information contained in this Website or the use of same. Nothing contained in this Website constitutes or shall be construed as an invitation, promotion or public offer to acquire, purchase, sell, alienate, transfer or subscribe securities or financial instruments, or as a financial consult or advice, or other financial service of any kind, pursuant to the Articles 2 s. XVII and 6 of the Mexican Stock Market Act (“LMV”).
Prospectuses are available and may be obtained from Deutsch Securities, the sponsor of SPDR in the International Listing System (SIC) of the Mexican Stock Exchange (BMV). Pursuant to the article 264 LMV, all the securities listed in the SIC, can only be acquired by institutional or qualified investors. Authorized investors shall read the corresponding prospectus, before deciding whether to invest. We recommend seeking advice from a financial adviser before investing in the Trust. Likewise, regarding Mexican SIEFORES and other investor entities of the Mexican SAR (“Retirement Fund System”), in addition to these disclaimers and advices, they shall observe and comply with their internal requirements, as well as the regulations applicable to them issued by the CONSAR and the Mexican Ministry of Treasury and Public Credit.
The information in the Website is descriptive of SPDR Gold Trust and may not be available to or suitable for you.
Investing in SPDR Gold Shares may involve significant risks. The value and income of the securities of SPDR Gold referred to in the Website can fall as well as rise. Past performance is not necessarily a guide to future performance.
The securities are not registered in the Mexican National Registry of Securities (RNV), pursuant to the dispositions established in the General Regulations for the SIC.The information in this Website is directed at, and is intended for distribution to, and use by, authorized persons in Mexico only. Access to the information contained in this Website may be restricted by laws or regulations applicable in each case. It is your responsibility as the user to be informed of and to observe all applicable laws and regulations of any relevant jurisdiction, including Mexico.
Proprietary rights (copyrights):
This Website and all information and materials on this Website are protected by international copyright and trademark laws and other intellectual property laws, and any unauthorized use of any information and materials on this Website may violate such laws. All information and materials on this Website are owned or controlled by WGTS or State Street, as the case may be, or are used by WGTS or State Street with the permission of the third party owner or provider of such information or materials. These terms and conditions are not intended to, and do not, transfer or grant any rights in or to this Website or the information and materials on this Website other than those which are specifically described in these terms and conditions, and all rights not expressly granted in these terms and conditions are reserved by WGTS or State Street, or by the third party owners or providers from whom WGTS or State Street have obtained information and materials on this Website. World Gold Trust Services LLC and State Street and all their associated companies together with their logos, trademarks and graphics (including symbols and artwork) and the trade address of this Website are all trade names, trademarks or service marks of WGTS or State Street and may not be used without their permission. In no event may trademarks, service marks or other proprietary elements on this Website owned by WGTS or State Street be reproduced separately from the textual content associated with them. In addition, you are not permitted to alter, obscure or remove any copyright, trademark or other notice on this Website or in the information and materials on this Website. The name of other actual companies and third party products or services identified on this Website may be the trade names, trademarks or service marks of their respective owners.
Changes to this website
The user of this Website agrees on the fact that WGTS reserves the right, without notice, (i) to change, add, modify or remove any information and materials on this Website in any manner and at any time, and (ii) to suspend, limit, restrict and/or deny access to any aspect or part of this Website at any time for any reason, including, without limitation, for any scheduled or unscheduled maintenance, upgrades, improvements or corrections. Neither WGTS, SPDR, its sponsor, State Street, nor any of their affiliates, related companies or their third parties providers shall have any duty or responsibility (i) to maintain, update, correct or remove any information and materials on this Website for any reason or (ii) to advise or identify any information and materials on this Website which may be outdated, incomplete, inaccurate or erroneous.
Disclaimer of warranties and limitation of liability
Neither WGTS, SPDR, its sponsor nor State Street make any express or implied representation or warranty of any kind, associated to the content and information of this Website, including, without limitation, any representation or warranty of title, non-infringement, merchantability or fitness for a particular purpose or use, due to it is responsibility of the user to consult all the information in connection with SPDR and its prospectus, with the respective professionals in Mexico. Neither WGTS, SPDR, its sponsor, State Street, nor any of their subsidiaries or affiliates nor any director, officer or employee of the foregoing shall be liable or have any responsibility for any loss, liability or damage that you may incur in connection with (i) your use of this Website and any information or materials on or accessible through this Website, (ii) any mistake in connection to the information herein published (iii) the transmission of any computer viruses or other harmful components that may cause damage to another's computer system or network, (iv) any aspect of the performance of this Website, including, without limitation, any failure, delay, interruption or disruption of this Website or your access to same, (v) any other cause relating to your access, or use of this Website and any of the information or materials on this Website, and (vi) any unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure, regardless of its cause or origin. Without limiting any of the foregoing, in no event will WGTS, SPDR, its sponsor, State Street, or any of their subsidiaries or affiliates or any director, officer or employee of the foregoing be liable for any consequential, special, punitive, incidental, indirect or similar damages arising from, related to or connected with your access and use of this Website and the information and materials on same.
Whilst every reasonable effort has been made to ensure that the content of this Website is secure, neither WGTS, SPDR, its sponsor nor State Street make any representation or warranty, concerning the security of this Website. None of WGTS, SPDR, its sponsor, State Street, nor any of their subsidiaries or affiliates nor any director, officer or employee of the foregoing shall be liable or have any responsibility for any loss, liability or damage that users may incur, of any nature, regarding the use and browse in this Website.
Accuracy of information
Although the information and materials on this Website were obtained or compiled from believed as reliable sources, neither WGTS, SODR, its sponsor nor State Street make any express or implied representation, warranty or guarantee as to the accuracy, validity, reliability, timeliness or completeness of any such information or materials in general. Neither WGTS, SPDR, its sponsor nor State Street represent or endorse the accuracy or reliability of any third party’s advice, opinion, statement, information or materials included in this Website.
Investment advice - no offer or recommendation
This Website and the information and materials thereon shall not be construed as making any recommendation, invitation or advice to execute any purchase, sale or other disposition of any regulated gold related products or any other regulated products, securities or investments.
Local legal restrictions
The information and materials on this Website are not directed to and may not be used by any person or entity in any jurisdiction where the direction or use of such information and materials is prohibited or would be contrary to applicable laws, rules or regulations in such jurisdiction.
Third party links
This Website may contain links to websites owned, sponsored or maintained by third parties, including, without limitation, links to members, affiliates, or subsidiaries of either WGTS, SPDR, its sponsor, or State Street. These links are provided only for reference purposes. If applicable, you will be responsible to comply with the applicable terms and conditions in such Websites. Neither WGTS, SPDR, its sponsor nor State Street will be responsible for the content and information or the use of any website of third party. The terms and conditions of use for any third party website and such website's privacy policies may be different from those applicable to this Website.
WGTS and SPDR do not collect personal information of any kind; however, they do use third parties’ advertising services for information purposes in Internet. These third-party advertising companies employ cookie and Web Beacon (also referred to as 1x1 pixel.gifs or action tags) technology to measure and improve the effectiveness of their advertisement. To do so, these companies may use anonymous information about your visits to our Website and other websites. This information can include: date/time of banner ad shown, cookies, and the first three octets of the IP address. They do not collect personally identifying information (PII). Nevertheless, this anonymous information can also be used for online preference marketing purposes. Third party advertising companies may use information about your visits to this and other websites in order to provide ads about goods and services of interest to you. For more information and to know how to prevent that third parties collect this information, please click here.
WGTS, SPDR, its sponsor and State Street recognize the importance of protecting the privacy of all information provided by visitors of this Website. Except as provided in the following paragraph, no personal information is obtained through this Website.
Information Collected by World Gold Trust Services
Use of Information
Should WGTS, SPDR, its Sponsor and State Street collect or use any personal information, they will ask for your consent when required. Likewise, titleholders of the information shall be entitled to exercise any of the rights of access, rectification, opposition and cancellation (hereinafter the “ARCO rights"), provided by the Law.
To exercise their ARCO rights, Titleholders must submit their request to our personal data email address [email protected].
The application must contain at least the following requirements: (a) full name and the means to communicate with you, (b) a document proving your identity, (c) a clear and precise description of the personal data for which you seek to exercise your right(s), and (d) any other relevant documents to facilitate the location of the data.
This Section is governed by the Mexican Federal Act for the Protection of Personal Data under Private Control and its regulations.
This Website is governed by and shall be construed in accordance with Mexican law and any dispute regarding the material and information herein shall be subject to the jurisdiction and competence of the courts of Mexico City, D.F.
Information contained in the Website is checked and updated by spdrgoldshares.com with due diligence on a regular basis. However, data on the Website may become outdated. Therefore, neither spdrgoldshares.com nor its affiliates (collectively hereinafter referred to as "Affiliates") assume any liability or guarantee for the timeliness, accuracy, and completeness of the information provided. Spdrgoldshares.com uses reasonable efforts to obtain information from sources that it believes to be reliable; however, spdrgoldshares.com and its Affiliates will not be responsible for having the information or opinions contained on the Website accurate, reliable, or complete. The information on the website is provided for information purposes only and is subject to change without notice. The investments and strategies described in the contents may not be suitable for all investors. Nothing contained on the Website constitutes investment, legal, tax, or other advice. You should obtain relevant and specific financial professional advice before making any investment decision in SPDR.
"SPDR" is a trademark of Standard & Poor's Financial Services, LLC ("S&P") and has been licensed for use by the Sponsor. The "SPDR" trademark is used under license from S&P and the SPDR ® Gold Trust is permitted to use the "SPDR" trademark pursuant to a sublicense from the Marketing Agent. No financial product offered by SPDR ® Gold Trust, or its affiliates, is sponsored, endorsed, sold or promoted by S&P. S&P makes no representation or warranty, express or implied, to the owners of any financial product or any member of the public regarding the advisability of investing in securities generally or in financial products particularly or the ability of the index on which financial products are based to track general stock market performance. S&P is not responsible for and has not participated in any determination or calculation made with respect to issuance or redemption of financial products. S&P has no obligation or liability in connection with the administration, marketing or trading of financial products.
WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL S&P HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS), EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
Scope and content of this Website:
All the information of this Website has the sole purposes of providing general information to the users about SPDR and its securities. In any case, information in this Website regarding SPDR, its sponsor, securities, including without limitation, market conditions for gold, SPDR’s or its sponsor operations, or any other similar or connected activity shall be considered only for reference and information purposes in general. Users shall NOT rely on the information of this Website to decide whether to invest in SPDR. Information in this Site does not offer to users any kind of guaranty, promise or financial forecast of results and performance of the securities. Neither is the goal or intended goal to invite public to invest in SPDR. Users shall consult specialized financial advisors and the sponsor to know about SPDR, its prospectuses, securities and all risks involved. In any case, information published in this Website shall be considered as approximate, not exact and from the perception of historical trends, current conditions and expected future developments, as well as other factors believed appropriate in the circumstances. Users shall always take into consideration the risks associated to investing in securities such as SPDR’s ones, including without limitation:
- fluctuations in the price of commodities (gold):
- reductions in the amount of gold represented by each share due to the payment of trust’s expenses;
- the effect of the trust as a passive investment vehicle;
- the effect on the value of the shares if the trust’s gold is sold to pay expenses at a time of low gold prices;
- purchasing activity in the gold market associated with the purchase of baskets from the trust;
- the termination or liquidation of the trust at a time that is disadvantageous to shareholders;
- the withdrawal of authorized participants;
- the lack of a an active trading market for the shares or a halt in the trading of the shares;
- the impact of the sale of gold by other exchange traded vehicles;
- the postponement, suspension or rejection by the trustee of redemption orders under certain circumstances;
- competition from other methods of investing in gold;
- the impact of large-scale distress sales of gold in times of crisis;
- the impact of substantial sales of gold by the official sector;
- the effect of a widening of interest rate differentials between the cost of money and the cost of gold;
- the loss, damage, theft or restrictions on access to the trust’s gold;
- the lack of adequate sources of recovery if the trust’s gold is lost, damaged, stolen or destroyed, including a lack of insurance;
- the failure of gold bullion allocated to the trust to meet the respective Good Delivery Standards;
- the failure of subcustodians to exercise due care in the safekeeping of the trust’s gold;
- the limited ability of the trustee and the custodian to take legal action against subcustodians;
- the insolvency of the custodian;
- the lack of specific governmental regulatory supervision of the gold bullion custody operations of the custodian;
- the reliance by the trustee on certain information received from the custodian in issuing baskets;
- the trust’s obligation to reimburse the marketing agent and the authorized participants for certain liabilities in the event the sponsor fails to indemnify them; and
- other factors identified in the "risk factors" section of the respective prospectus.
Consequently, there can be no assurance that the actual results or developments the sponsor or marketing agent anticipates will be realized or, will result in the expected consequences to, or have the expected effects on, SPDR’s operations or the value of the shares. Neither the sponsor, marketing agent nor any other person assumes responsibility for the accuracy or completeness of the information of this Website. Neither the Trust, marketing agent nor the sponsor is under a duty to update any of the forward-looking statements of this Website to conform such statements to actual results or to reflect a change in the expectations or predictions.
Copyright © 2013, World Gold Trust Services LLC.