Ownership, Consideration, Control and Amendments
1. This Site is owned and operated by Providend, a public limited company incorporated in Singapore, with company registration number 200209049C. Providend is licensed by the Monetary Authority of Singapore under the Financial Advisers Act (Chapter 110) of Singapore (FA License No. FA100004-4) to provide the following types of financial advisory services:
a) advising others, either directly or through publications or writings, whether electronic, print or other form, concerning the following investment products, other than advising on corporate finance within the meaning of the Securities and Futures Act (Chapter 289) of Singapore:
i. life policies;
ii. securities other than collective investment schemes;
iii. collective investment schemes; and
iv. structured deposits;
b) issuing or promulgating analyses or reports, whether in electronic, print or other form, concerning the following investment products:
i. life policies;
ii. securities other than collective investment schemes;
iii. collective investment schemes; and
iv. structured deposits;
(c) marketing of any collective investment schemes; and
(d) arranging of any contract of insurance in respect of life policies.
Providend is also a Registered Fund Management Company registered with the Monetary Authority of Singapore.
2. In choosing to access or use this Site or any part thereof, you agree that doing so is deemed to be consideration for any information received from this Site. For purposes of clarity, by your access to or use of this Site, or any part thereof, you will be deemed to have accepted and be legally bound by these Site Terms (and any amendment thereof) with immediate effect, and you further accept that your access to or use of this Site constitutes legal consideration from Providend to you.
3. Providend controls and maintains this Site from Singapore, and this Site and its contents are directed at and restricted to entities in Singapore only. Providend makes no representation and does not warrant that this Site or its contents is/are appropriate or available for use in, or satisfy the laws of, any other countries or jurisdictions.
4. In choosing to access or use this Site or any part thereof, you do so on your own initiative and at your own risk, and you are solely responsible for complying with all local laws, rules and regulations at your own cost and expense.
5. Notwithstanding any other provision in these Site Terms, Providend reserves the sole right and discretion to at any time:
(a) amend these Site Terms without notice to you, which amendments will be published on this page. You agree to review these Site Terms periodically for any such amendments. If you continue to access, view or use any part of the Site after such amendments are published, you will be deemed to have accepted and be legally bound by the amended Site Terms as published on this page with immediate effect;
(b) change, suspend or discontinue this Site or any part thereof, including without limitation the availability or terms of any products, services or content therein;
(c) restrict, deny or terminate your access to or use of this Site or any part thereof, at any time without notice or liability;
6. All intellectual property rights (including, without limitation, copyright and trade marks), whether registered or unregistered, comprised in, relating to or in connection with the Site and any part thereof (including, without limitation, any contents, text, graphics, logos, icons, audio/visual recordings, applications, computer programs and codes) are owned by Providend or its licensors. Neither this Site nor any part thereof may be reproduced, modified, adapted, distributed, commercially exploited, published, displayed, uploaded, broadcast, posted, transmitted, hyperlinked or framed in any manner and in any form without the prior written approval of Providend or the respective intellectual property owners (as the case may be).
7. In relation to any information or materials which you submit using this Site, you represent and warrant that you hereby grant, or have procured all necessary rights to hereby grant, to Providend an irrevocable, worldwide, royalty-free, perpetual licence to use such information and materials and the intellectual property rights therein for any purpose including without limitation the copying, transaction, distribution and publication thereof, unless restricted by applicable laws.
8. [The Site’s contents may be provided by Providend’s employees as well as third parties. Please note that third parties may post messages, provide materials or make statements that are inaccurate, misleading or deceptive. Providend, its affiliates and their respective officers, employees and agents (collectively the “Providend Entities” and each a “Providend Entity”) do not endorse and, to the maximum extent permissible under applicable law, are not responsible or liable for any contents on the Site, or any opinion, advice, information or statements in such contents, or your use of the Site or any of its contents. Under no circumstances will the Company Entities be liable for any loss or damage caused by your reliance on Site Content or for any results obtained by using any such Site Content. The opinions expressed in the Site’s contents reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of any Providend Entity. Your use of and reliance on the Site or any of its contents is solely at your own risk
9. The Site provides you with access to certain services and suppliers that may be of interest to you (“Site Services”), and to certain content provided by us or by third parties, such as reviews, news and information regarding such products, services and suppliers.
10. Please note that for investment-related or linked products, the price of securities can and does fluctuate, and any individual security may experience upward or downward movements, and may even become valueless. There is an inherent risk that losses may be incurred rather than profit made as a result of buying and selling securities. You should also read any risk disclosure statement contained in any particular investment-related or linked product you intend to purchase, subscribe or trade. If in doubt, please seek specific professional advice.
11. Your registration may be required to access certain services or areas of the Site or to set up a user account with us. Regarding such registration:
(a) Providend may refuse or terminate your registration at any time at its sole right and discretion without reason, notice or liability; and
(b) you may not use a user name (or e-mail address) that is offensive or violates the intellectual property or other rights of any person.
12. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site or your user account with us (as the case may be), and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site or your user account with us, to any third party.
13. You are fully responsible for all interaction with the Site and your user account with us that occurs in connection with your user name or password. Whenever you log into any area of the Site or your user account with us, you will ensure that you “log off” or exit from such area of the Site or your user account (as the case may be) at the end of each session. You agree to immediately notify Providend of any unauthorized use of your user name or password or any other breach of security related to the Site or your user account with us.
14. To the maximum extent permissible under applicable law, Providend shall not be responsible or liable for any claims, actions, losses, damages, costs or expenses arising from or in connection with your failure to comply with any of the foregoing obligations and you agree to fully indemnify and keep indemnified Providend from and against the same.
Hyperlinking and Framing
15. This Site may contain hyperlinks to websites/ applications which are not provided or maintained by Providend. Providend shall not be responsible or liable under any cause of action and under any circumstances for those websites/ application or for any use thereof or access thereto. Use of the hyperlinks, access to and use of such websites/ applications or their contents are entirely at your own risk.
16. Except as set forth below, links to, and the framing of this Site or any of its Contents are prohibited.
17. Written permission must be secured from Providend prior to hyperlinking to, or framing, this Site or any of its contents, or engaging in similar activities. Providend reserves the right to impose any terms and conditions when permitting any hyperlinking to, or framing of, this Site or any of its contents.
18. Providend is not responsible for any websites/ applications or contents thereof that hyperlink to or frame the whole or any part of this Site or any of its contents. Providend shall not be responsible or liable under any cause of action and under any circumstances for those websites/ application or for any use thereof or access thereto. Access to and use of such websites/ applications or their contents are entirely at your own risk.
19. In no circumstances shall Providend be considered to be endorsing or verifying any of the websites/ applications or their contents referred to above, nor shall Providend be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on those websites/ applications.
20. Providend reserves all rights to disable any hyperlinks to, or frames of any website/ application containing topics, names, material or information that in Providend’s sole opinion (i) are inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful, (ii) violate any applicable intellectual property, proprietary, privacy or publicity rights, (iii) are detrimental to or adversely affect Providend or its reputation, or (iv) are not authorised by Providend.
Representations, Warranties and Indemnities
21. You hereby represent, warrant and covenant that:
(a) you shall not upload, post or transmit to or distribute or otherwise publish through the Site anything which –
(i) may restrict or inhibit any other user from using and enjoying the Site or any part thereof;
(ii) is unlawful, threatening, harmful, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, threatening, sexually explicit or indecent;
(iii) may constitute or encourage conduct that would constitute an offence, give rise to civil liability or otherwise violate the law;
(iv) may infringe the rights of third parties including without limitation intellectual property rights, rights of privacy or publicity or any other legal right in any jurisdiction;
(v) may contain any viruses, Trojan horses, worms, time bombs or other harmful components;
(vi) may be false or misleading;
(vii) may interfere with or disrupt the operation and functionality of the Site or any of the servers or networks connected to the Site;
(viii) may constitute unsolicited or unauthorized advertising, promotional material, “junk mail”, “spam”, “chain letter”, “pyramid schemes” or any other form of solicitation;
(ix) “stalks” or otherwise harasses another;
(b) you shall not collect or store personal data about other users without such users’ prior consent; and
22. You hereby agree to fully indemnify and keep fully indemnified Providend and its officers, employees and agents (“those indemnified”) from and against any and all claims, actions, losses, damages, costs and expenses arising directly or indirectly out of or in connection with
(a) any act or omission by you or any person acting on your behalf; or
(b) your negligence or default (including without limitation your breach of any of these Site Terms).
Further Disclaimers and Limitation of Liability
23. The Site’s contents (a) are not intended as a substitute for professional advice (whether financial, investment, insurance, tax, legal or otherwise); (b) should not be construed as the provision of advice or recommendations; and (c) should not be relied upon as the basis for any decision or action, including without limitation the diagnosis or treatment of any health problem, the eligibility for or appropriateness of any benefit or service, or the making of a financial decision. To the maximum extent permissible under applicable law, Providend hereby disclaims any responsibility or liability for the completeness, accuracy and reliability of any contents on this Site. The Site’s contents are not exhaustive and should not be considered complete or up-to-date. It is your responsibility to evaluate the completeness, accuracy and usefulness of any of the Site’s contents.
24. The Site’s contents do not take into account your specific circumstances, objectives or needs. You should consult and seek specific advice from your professional adviser(s) (including without limitation your financial adviser) before committing to purchase any of the products or services referred to on this Site. If you do not wish to consult your professional adviser(s) and in any case, you should perform your own independent due diligence and assessment on each product and service and their respective provider(s) prior to committing to any legally binding arrangement in connection with such product or service.
25. Providend, its business partners, the respective officers, employees, agents, and any other person associated with the creation of the Site or any part thereof, shall not be responsible or liable under any cause of action and under any circumstances in connection with your access or use of or reliance on the Site or any part thereof, even if we have been advised of the possibility of such event occurring.
26. Providend does not warrant that the Site and its contents will meet your requirements or that the Site and its contents will be uninterrupted, timely, secure or error-free. Providend does not warrant the security of any materials or information transmitted over the Internet. Accordingly, any materials or information transmitted by you, whether to Providend or to any other party, is transmitted at your own risk.
27. To the maximum extent permissible under applicable law, Providend shall not be liable to you or any other party for any damages, loss, cost or expense suffered by you or any other party in connection with:
(a) any act or omission of any third party;
(b) any action brought by a third party;
(c) the reliance on or use of any information or materials provided by any third party or the accuracy, correctness or completeness thereof;
(d) any errors, interruptions or other occurrence whatsoever arising out of any form of communications or other facilities;
(e) any materials or information sent to or received by you or any other party over the Internet;
(f) any viruses, Trojan horses, worms, time bombs or other harmful code; or
(g) any occurrence not due to Providend’s direct default.
even if such events are foreseeable or even if Providend has been advised of the possibility of such events occurring.
28. In no event shall Providend be liable for any loss of business, profit, goodwill or any type of special, indirect or consequential loss.
29. Providend shall have no liability to you for any loss, damage, cost or expense arising from or in connection with the Site or any part thereof after one (1) year from the date the event giving rise to the cause of action arose.
30. Providend shall not be responsible or liable for any failure to perform or fulfil its obligations in connection with the Site or any part thereof if such failure is due to any other circumstances outside its control. Such circumstances comprise, but are not confined to, acts of God, war, riots and sabotage.
31. Providend shall not be responsible or liable for any failure to meet its obligations in connection with the Site or any part thereof to the extent that such failure is attributable to the effects of any viruses, Trojan horses, worms, time bombs or other harmful code.
32. To the extent that Providend’s liability under any cause of action and under any circumstance cannot be excluded, Providend’s total and aggregate liability to you under all causes of action and circumstances shall not exceed a maximum of Singapore Dollars One Hundred (SGD100).
33. You shall not, in any litigation proceeding, challenge the admissibility as evidence or the accuracy of a data log or electronic record provided by Providend in whatever form it may be presented.
34. Nothing in these Site Terms shall constitute or be deemed to constitute any joint venture, partnership, agency or employer-employee relationship between Providend and you.
35. Any waiver of breach or default under these Site Terms by Providend must be in writing and shall not be a waiver of any other or subsequent default. Failure or delay by Providend to enforce compliance with any provision of these Site Terms shall not constitute a waiver of such term or condition.
36. If any provision of these Site Terms is held to be invalid, unenforceable or illegal for any reason, such provision shall be deemed severed from the remaining provisions which will nevertheless continue in full force and effect.
37. You shall not assign these Site Terms or any part thereof without Providend’s prior written consent.
38. These Site Terms shall supersede all prior agreements, oral or written and all other communications between you and Providend relating to the subject matter of these Site Terms.
39. No part of these Site Terms is enforceable under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore by a person who is not a party to it.
40. These Site Terms are governed by and construed in accordance with the laws of Singapore and you agree to be subject to the non-exclusive jurisdiction of the courts of Singapore.
Updated 11th May 2015, ©2015 PROVIDEND LTD. ALL RIGHTS RESERVED.