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1. ACCEPTANCE OF TERMS
Chartered Alliance Pte Ltd ("we" and "us", as the case may be) provides
the Service (as defined below) to you, subject to the following Terms of
Service ("TOS"), which may be updated by us in our sole discretion from
time to time without notice to you. You agree that your continued use of
the Service after such update will constitute your acceptance of and
agreement to be bound by the updated TOS. In addition, when using
Chartered Alliance or third party services, you and us (or the relevant
third party, where applicable) shall be subject to any posted guidelines
or rules applicable to such services which may be posted (whether by us
or the relevant third party, if any) from time to time. All such
guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
We currently provide users with access to a collection of products and
services (the "Service"). The Service (or parts of it) may be available
via the World Wide Web, mobile telephone or communications services
(such as SMS (Short Message Service)), and/or other Internet or
telecommunications services or protocols (such as WAP (Wireless
Application Protocol)) (collectively, the "Channels"). Unless explicitly
stated otherwise, any new features that augment or enhance the current
Service, including the release of new services, shall be subject to the
TOS. You understand and agree that the Service is provided "AS-IS" and
that we assume no responsibility for the timeliness, currency, deletion,
mis-delivery or failure to store any user communications or
personalization settings.
In order to use the Service, you must obtain access to the Service through
the relevant Channel(s), either directly or through devices that access
online and electronic content and/or services, and pay any fees
associated with such access in accordance with the applicable payment
terms. Such fees and payment terms may be changed from time to time, and
such changes will be notified to you, whether by email or by notices or
links to notices on the Service or by other appropriate means. You
acknowledge that certain parts of the Service are available only via
certain Channels. You also acknowledge that we are not responsible or
liable in any way for your access to the Service or your use of any
Channels.
In addition, you must provide all equipment necessary to use the relevant
Channel, including a computer and modem, mobile telephone or other
appropriate access device, and you must pay any fees applicable to the
use of such Channel. You acknowledge that you are solely responsible for
the set-up, configuration or compatibility of the hardware, software and
other equipment used by you for obtaining access to the Service by any
Channel whatsoever. If any alteration in the whole or any part of
Service requires changes in your hardware, software or other equipment,
you must effect these changes at your own expense. We will inform you of
any such alterations in the Service in advance, whether by email or by
notices or links to notices on the Service or by other appropriate
means.
Unless expressly stated otherwise, no information presented in the Service
or in connection with any products and services forming part of the
Service shall be deemed as a binding offer by us or the relevant third
party, but an invitation for you to place an order. In respect of
contracts for our or any third party's products and services which are
made available as part of the Service, these shall be deemed concluded
when we or the relevant third party have accepted your order for the
same or has provided you with the product or service pursuant to your
order.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of the Service being made available to you, you agree to:
(a) provide true, accurate, current and complete information about
yourself. If you provide any information that is untrue, inaccurate, not
current or incomplete, or we have reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete, we
have the right to suspend or terminate your account and refuse any and
all current or future use of the Service (or any portion thereof)
without any liability to you.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible
for all activities that occur under your password or account. You agree
to (a) immediately notify us of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit
from your account at the end of each session. We cannot and will not be
liable for any loss or damage arising from your failure.
5. MEMBER CONDUCT
You understand and acknowledge that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials
("Content"), whether publicly posted or privately transmitted via the
Service, are the sole responsibility of the person from which such
Content originated. This means that you, and not us, are entirely
responsible for all Content that you upload, post, email or otherwise
transmit via the Service. We cannot and do not control or monitor the
Content posted via the Service and, as such, cannot and do not guarantee
the accuracy, integrity or quality of such Content. You understand and
acknowledge that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will we or our licensors, suppliers, vendors, parent, holding,
subsidiary or related companies, affiliates, officers, agents or
employees, as the case may be, be liable in any way for any Content,
including, but not limited to, any exposure to offensive, indecent or
objectionable Content, any errors or omissions in any Content, or for
any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service.
You agree to not use the Service to:
a. upload, post, email or otherwise make available or transmit any Content
that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, pornographic, libelous, invasive of
another's privacy, subversive, hateful, or racially, ethnically or
otherwise objectionable or contrary to public interest, public order or
national harmony in all relevant jurisdictions;
b. harm minors in any way;
c. impersonate, or falsely state or otherwise misrepresent your
affiliation with, any person or entity, including, but not limited to, a
Chartered official, guide or host;
d. forge headers or otherwise manipulate identifying information in order
to disguise and/or with the effect of disguising the origin of any
Content transmitted through the Service;
e. upload, post, email or otherwise make available or transmit any Content
that you do not have a right to transmit under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of
employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise make available or transmit any Content
that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
g. upload, post, email or otherwise make available or transmit any
unsolicited or unauthorized advertising, promotional materials, "junk
mail," "spam," "chain letters," "pyramid schemes," or any other form of
solicitation.
h. upload, post, email or otherwise make available or transmit any
material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or telecommunications
equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster
than other users of the Service are able to type, or otherwise act in a
manner that negatively affects other users' ability to engage in real
time exchanges;
j. interfere with or disrupt the Service or another person's use of the
Service or any Channels or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of
networks connected to the Service or applicable to any Channels;
k. intentionally or unintentionally violate any applicable law, statute,
ordinance, regulation, rule or code, including, but not limited to, any
regulations, rules, notices, instructions or directives of any
regulatory body or authority, governmental agency or national or other
securities exchange;
l. "stalk" or otherwise harass another person;
m. collect or store personal data about any other user; or
n. commit any fraudulent or unlawful act, whether in relation to any third
party provider of products and services on the Service or otherwise.
You acknowledge that we cannot and do not pre-screen Content, but that we
and our designees shall have the right (but not the obligation) in our
sole discretion to refuse, move or remove any Content that is available
via the Service. Without limiting the foregoing, we and our designees
shall have the right to remove any Content (whether or not provided by
you) that violates the TOS or is otherwise objectionable in our sole
opinion, without being liable to you in any way for any loss or damage
arising from such removal. You agree that you must and will evaluate,
and bear all risks associated with, the use of any Content, including
any reliance on the accuracy, completeness, or usefulness of such
Content.
You acknowledge and agree that we may in our sole discretion preserve any
Content, and disclose any Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with legal process; (b) enforce the TOS; (c)
respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of us, our users
and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) modifications to conform and adapt to
technical requirements of connecting networks or devices.
Where any part of the Service involves or is provided by us in conjunction
with a third party, you agree to comply with any notices, instructions
or directives given by such third party in relation to such part of the
Service, including your access to or use thereof.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all applicable laws, statutes, regulations, rules and codes regarding
online conduct, acceptable Content and use of the relevant Channels.
7. INDEMNITY
You agree to indemnify and hold us, and our licensors, suppliers, vendors,
parent, holding, subsidiary and related companies, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any
claim or demand, including reasonable legal fees, made by any third
party due to or arising out of Content you submit, post to, transmit or
make available through the Service, your use of the Service, your
connection to the Service, your use of any Channels, your violation of
the TOS, your violation of any rights of any other person, or your
breach of any applicable law.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the Service,
or access to the Service.
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may in our sole discretion establish general
practices and limits concerning use of the Service, including without
limitation the manner in which the Service may be used, the maximum
number of days that email or other messages, message board postings or
other uploaded Content will be retained by the Service, the maximum
number of email or other messages that may be sent from or received by
an account on the Service or transmitted through the Service, the
maximum size of any email or other message that may be sent from or
received by an account on the Service, the maximum disk space that will
be allotted on our servers on your behalf, and the maximum number of
times (and the maximum duration for which) you may access the Service in
a given period of time. You agree that we have no responsibility or
liability for the deletion of or failure to store any messages and other
communications or other Content maintained or transmitted by or made
available through the Service. You acknowledge that we reserve the right
to terminate and/or delete accounts that are inactive for an extended
period of time. You further acknowledge that we reserve the right to
modify these general practices and limits at any time, in our sole
discretion, with or without notice, and you agree that your continued
use of the Service after such modification will constitute your
acceptance of and agreement to be bound by the modified general
practices and limits.
10. MODIFICATIONS TO SERVICE
We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice, for any reason whatsoever, whether
generally or limited to you only. You agree that we shall not be liable
in any way to you or to any third party for any modification, suspension
or discontinuance of the Service.
11. TERMINATION
You agree that we, in our sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if we in our sole opinion believe
that you have violated or acted inconsistently with the letter or spirit
of the TOS. You agree that we may in our sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice, whether for selected or all Channels. You also agree that any
termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that
we may in our sole discretion immediately deactivate or delete your
account and all related information and files in your account and/or bar
any further access to such files or the Service. Further, you agree that
we shall not be liable in any way to you or any third-party for any
termination of your access to the Service.
12. DEALINGS WITH THIRD PARTIES
The Service may also include access to products and services of
independent third parties either directly or via links to sites operated
by such third parties. Where these products and services of third
parties form part of the Service, we will endeavour, but are not obliged
to, indicate that these products and services are provided by third
parties. In all cases, your correspondence or business dealings with, or
participation in promotions of, other parties found on or through the
Service (including without limitation providers of products and
services, advertisers and other users of the Service), including payment
and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such third party, even where it is in
relation to any products or services that are co-branded with us which
may include our trademarks. You agree that we shall not be responsible
or liable in any way for any loss or damage of any sort incurred as the
result of any such dealings with any third parties, as the result of the
presence of such third parties on the Service, or as the result of the
use of the Service in any way by such third parties.
13. LINKS
The Service may provide, or third parties may provide, links to other
online and electronic sites or resources. You acknowledge and agree that
we have no control over such sites and resources, and that we are
therefore not responsible for the availability of such external sites or
resources, and do not endorse and are not responsible or liable for any
Content, advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that we shall
not be responsible or liable in any way for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or
resource.
14. CHARTERED ALLIANCE'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that Content
contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by us or advertisers, you agree not to
modify, adapt, rent, lease, loan, sell, distribute or create derivative
works based on the Service, the Software or the Content (excluding
Content owned by you), in whole or in part.
We grant to you a personal, non-transferable and non-exclusive right and
licence to use the object code of our Software on a single computer;
provided that you do not (and do not allow any third party to) copy,
modify, adapt, create a derivative work of, reverse engineer, reverse
assemble or otherwise attempt to discover any source code, sell, assign,
sublicense, grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in any manner or
form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the
Service. You agree not to access the Service by any means other than
through the interface that is provided by us for use in accessing the
Service.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED
ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR LICENSORS, SUPPLIERS,
VENDORS, PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES,
OFFICERS, AGENTS AND EMPLOYEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT (OTHER THAN ANY WARRANTY THE EXCLUSION OF WHICH IS
NOT LAWFUL).
b. WE AND OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY
AND RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS AND EMPLOYEES MAKE
NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
SERVICE WILL BE ACCESSIBLE AT ANY TIME OR AT ALL TIMES VIA THE CHANNEL
SELECTED OR USED BY YOU, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY
PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED
BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE
TELEPHONE OR OTHER ACCESS DEVICE OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR OUR LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR
RELATED COMPANIES, AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THE TOS (SAVE FOR ANY FRAUDULENT MISREPRESENTATION BY US OR OUR
LICENSORS, SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED
COMPANY, AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE).
16. EXCLUSION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR LICENSORS, SUPPLIERS,
VENDORS, PARENT, HOLDING, SUBSIDIARY AND RELATED COMPANIES, AFFILIATES,
OFFICERS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR OUR LICENSORS,
SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANY,
AFFILIATE, OFFICER, AGENT OR EMPLOYEE, AS THE CASE MAY BE, HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE
OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY
GOODS OR SERVICES OBTAINED OR DISPOSED OF OR MESSAGES SENT OR RECEIVED
USING THE SERVICE OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
NOTHING IN THIS TOS SHALL LIMIT THE LIABILITY OF US OR OUR LICENSORS,
SUPPLIERS, VENDORS, PARENT, HOLDING, SUBSIDIARY OR RELATED COMPANIES,
AFFILIATES, OFFICERS, AGENTS OR EMPLOYEES, AS THE CASE MAY BE FOR DEATH
OR PERSONAL INJURY RESULTING FROM OUR OR THEIR NEGLIGENCE.
17. DISCLAIMERS AND EXCLUSIONS
YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY SET FORTH
IN SECTIONS 15 AND 16 REPRESENT A FAIR AND REASONABLE ALLOCATION OF THE
RISKS AND BENEFITS OF THE AGREEMENT BETWEEN YOU AND US, TAKING ALL
RELEVANT FACTORS INTO CONSIDERATION, INCLUDING WITHOUT LIMITATION THE
VALUE OF THE CONSIDERATION PROVIDED BY YOU TO US AND THE AVAILABILITY
AND COSTS OF INSURANCE WITH RESPECT TO THE SAID RISKS. YOU FURTHER AGREE
THAT THESE DISCLAIMERS AND LIMITATIONS SHALL BE ENFORCEABLE TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
18. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
You acknowledge that Sections 15 and 16 are particularly applicable to
services, news, messages, alerts or other information from the Service
concerning companies. You also acknowledge that the Service is provided
for informational purposes only, and that no Content included in the
Service is intended for trading or investing purposes. You agree that
you are solely and absolutely responsible for all trading or investment
decisions made by you. You further agree that we shall not be
responsible or liable for the accuracy, usefulness or availability of
any information transmitted via the Service, and shall not be
responsible or liable for any trading or investment decisions made based
on such information.
19. NOTICE
Notices to you may be made via either email or regular mail. The Service
may also provide notices of changes to the TOS or other matters by
displaying notices or links to notices to you generally on the Service.
You agree that such notices by email or regular mail, and such display
of notices or links to notices to you generally on the Service, will
constitute sufficient and adequate notice to you of the matters
contained therein.
20. COPYRIGHTS and COPYRIGHT AGENTS
We respect the intellectual property of others, and we ask our users to do
the same. If you believe that your work has been copied in a way that
constitutes copyright, trade mark or other intellectual property
infringement, please provide our Copyright Agent with the following
information:
- an electronic or physical signature of the person authorized to act on
behalf of the owner of the intellectual property interest;
- a description of the intellectual property right that you claim has been
infringed;
- a description of where the material that you claim is infringing is
located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed
use is not authorized by the intellectual property right owner, its
agent, or the law;
- a statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the intellectual
property right owner or authorized to act on the intellectual property
right owner's behalf.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and us and govern your
use of the Service, superseding any prior understandings and agreements
between you and us and any previous statements or representations from
either party to the other party. The TOS do not apply to any affiliate
services, third-party content or third-party software that does not or
cannot reasonably be deemed to form part of the Service which may be
provided to you by our licensors, suppliers, vendors, parent, holding,
subsidiary or related companies, other affiliates or other third
parties, which may be subject to additional terms and conditions imposed
by that party. For the avoidance of doubt, except to the extent provided
in Section 24, you and us are the only parties to the TOS. The TOS and
the relationship between you and us shall be governed by the laws of
Singapore without regard to its conflict of law provisions. You and we
agree to submit to the non-exclusive jurisdiction of the courts of
Singapore. Our failure to exercise or enforce any right or provision of
the TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision
and to construe such provision to the maximum extent permitted by law so
as to render that provision valid and enforceable, and that the other
provisions of the TOS shall remain in full force and effect. You agree
that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Service or the
TOS must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal
or contractual effect.
22. VIOLATIONS
Please report any violations of the TOS to our
service@chartered-alliance.com.
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