Terms and Conditions of Website Usage
Definitions
"Ecomm" refers to Ecomm Invest Pte Ltd.
"Materials" hereafter refers to any pages of the Website including but not limited to the information, text, images, links, sound, graphics and video sequences displayed on the Website.
"Agreement" hereafter refers to all terms and conditions of Website usage written below in this document.
"Information Providers" means all third parties that provide any data displayed on the Website.
"Users" means persons who access and view this Website only and "User" refers to any one of these persons.
"Loss" includes all costs, charges, loss, damages and/or expenses of other nature that include legal fees on a full indemnity basis and howsoever arising whether direct, indirect, joint, several, actual, contingent or otherwise in regards to this Website.
By accessing the Website, you signify that you consent to accept and to comply to all legally binding terms and conditions written below in this Agreement of Terms and Conditions of Website Usage with the Sole Proprietor of the Website, Ecomm. If you do not agree to the terms and conditions below, please do not continue to access this Website or any pages thereof. Usage of this Website is limited to adults who are 21 years old or above.
Ecomm reserves the right to change, modify, add, or remove any parts of the terms and conditions of the Agreement at any time and any such change, modification, addition or deletion shall become legally binding upon its posting on the Website. Continued usage of the Website signifies that you accept all posting of changes to these terms and conditions of the Agreement.
1. Limitations on Usage and Intellectual Property
1.1 All Materials used in this Website remain and/or shall be the copyright or intellectual property of Ecomm and its Information Providers.
1.2 User may not modify, publish, license, create , transmit, display, copy, distribute, perform, reproduce derivative works from the Website. User may not transfer or sell any Materials, information, data, software, products or services obtained from the Website.
1.3 Users are strictly forbidden to use any robot, spider, other automatic device, or manual process to monitor or copy the Materials or the pages of the Website.
2. Usage and Access
2.1 User undertakes to comply with and shall not contravene all applicable laws, regulations and directives including without limitation, the laws of Singapore in regards to the usage and access of the Website.
2.2 User agrees that the Materials appearing on this Website are for informational purposes only.
3. Disclaimers
3.1 Ecomm and its Information Providers reserve the right to periodically make changes to the information or data on the Website. Information and data available on the Website presented in text, graphics or whatever form, may include inaccuracies.
3.2 User agrees and accepts that the Website may be inaccessible from time to time due to required maintenance, telecommunications or electronic or other systems failures or interruptions (whether of Ecomm or any third party) or other disruptions. Ecomm shall not be liable to User for any Loss suffered by User as a result thereof.
3.3 Ecomm accepts no liability for any Loss arising out of the use of the Materials or the information on the Website. None of the Materials and information provided on the Website, that includes data, news, information, reports or opinions nor any of the recommendations (if any), is to be construed as an offer, solicitation or recommendation to any person to buy any of the securities or class of securities referred to in the Website.
3.4 None of the Materials and information provided on the Website, that includes data, news, information, reports or opinions nor any of the recommendations (if any), has been customized for any specific person.
3.5 While periodically updated data feeds (including stock quotes, currency rates or other price or information feeds (if any)) are generally believed to be timely and accurate, Ecomm cannot and do not make any representation or warranty as to its accuracy or completeness.
3.6 All Materials, information and data displayed in the Website, including facts, views, advice, analyses, opinions and recommendations of individuals and organizations are not intended as investment advice and must not be used as such. Ecomm and its Information Providers are not representing themselves to give personalized financial, investment, tax, legal and other professional advice on the Website.
3.7 Ecomm cannot endorse and cannot be responsible for any message, view, advice, analyse, opinion and recommendation given by its Information Providers or Users on the Website. Ecomm cannot advocate any commercial dealings in any securities, investments or classes of securities. Inclusions of any links in the Website to other web site(s) or resources does not imply any form of endorsement by Ecomm.
3.8 Ecomm disclaims all warranties and obligations for the Website to be free from any bugs, errors or remain unaffected by computer viruses or other similar features affecting its performance. Ecomm further disclaims any and all liability for negligence and lack of reasonable care.
3.9 Ecomm shall not be liabile for deletion of files, mistakes, omissions, interruptions, errors, defects, delays in operations, tranmission or any failure of performance or the inadvertent corruption of data transmitted, received or stored on the Website, whether or not limited to theft, acts of God, destruction, communication failure or unauthorized access to Ecomm's records or the Website. This clause shall apply to all contents on the Website.
3.10 Ecomm shall not be liable for all or any indirect, incidental and consequential loss or damage, including but not limited to loss of profit, business, revenue, goodwill or anticipated savings, howsoever caused arising directly or indirectly in connection with the use or reliance by any User on the Materials or the information provided on the Website including without limitation, default or any acts of Ecomm, its employees, loss of data, inability to access the Internet, inability to transmit or receive information caused by or resulting from delays or interruptions, even if Ecomm has been advised of the possibility of such damages.
4. Procedure for Complaints
4.1 The User should put his or her complaint in writing in the event that the User wishes to complain about any aspect of this Website. In making such a complaint, the User shall set out the facts supporting the complaint and the conclusion that the User has drawn from these facts. In other words, the User shall state what actually has happened and why the User feels that such events warrant a complaint. The User shall also include copies of all relevant documents and furnish full personal particulars, including name, address, NRIC number, as well as phone and fax number and e-mail address if the User has these. User's complaint shall be addressed to:
Ecomm Investment Pte Ltd
Robinson Road Post Office P.O. Box 3052
Singapore 905052
4.2 Ecomm aims to provide a full response within the period stated in the acknowledgement and Ecomm will normally acknowledge receipt of the User's complaint within three working days of receiving it. However, in the case whereby Ecomm needs further information regarding the complaint, Ecomm shall take a longer time to respond to the User's complaint. On the other hand, if Ecomm reasonably provides a quick full response, Ecomm shall not send a separate initial acknowledgement. Ecomm reserves the rights in its sole discretion to take any action that is appropriate and allowed under Singapore law in regards to all complaints received by Ecomm.
4.3 Ecomm shall not intervene if User's complaint is subject to litigation or is pending before the courts.
4.4 Ecomm shall also not investigate any complaint which is beyond the scope of this Agreement, including but not limited to any complaint concerning matters that do not relate to Users or to the terms and conditions of usage of the Website. This includes the provision of investment advice and any complaint the User may have about the commercial management of a quoted company. Ecomm will send it to the appropriate body and let the User know that Ecomm is doing so if Ecomm believes that the complaint should be handled by another regulatory or dispute resolution body, .
4.5 Ecomm shall advise that User complainant that no action will be taken if Ecomm considers that a complaint made by a User is vexatious or frivolous and this User complainant shall bear all reasonable incidental expenses incurred by Ecomm in the investigation of such complaint.
5. Copyright Complaints
The User shall provide Ecomm the following information by way of written notice if the User believes that his or her copyrighted work has been copied and is
accessible on the Website in a way that constitutes copyright infringement:
5.1 a statutory declaration made by the User that the information in User's written notice is accurate and that User is the copyright owner or authorized to act on the copyright owner's behalf and a statement by the User that he has a good faith belief that the disputed use is not authorized by him, his agent, or the law.
5.2 a description of the copyrighted work that User claims has been infringed and a description of the infringing activity.
5.3 User's full name, address, telephone number, email address and User's physical signature or that of the person authorised to act on the User's behalf.
5.4 identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL (i.e. web page address) where it is posted or the name of the book in which it has been published and an identification of the URL or other specific location on the Website where the material that User claims is infringing is located, including enough information to allow Ecomm to locate the material.
6. General Clauses
6.1 In this Agreement, unless the context otherwise requires, words denoting the singular number only shall include the plural and vice versa, reference to any clause is to a clause of this Agreement, and words denoting any one gender shall include any and all other genders.
6.2 The headings to the clauses hereof are for ease of reference only and shall not be taken into account in the interpretation or construction of this Agreement or any clause(s) hereof.
6.3 The parties to this Agreement shall use their best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision if any provision is found or held to be invalid or unenforceable in this Agreement.
6.4 The Agreement creates no agency or partnership and users shall not have any authority to bind Ecomm in any respect whatsoever.
7. Jurisdiction and Governing Law
User agrees to submit to the exclusive jurisdiction of the Singapore courts by accessing the Website and User agrees that Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Singapore Electronic Transactions Act (Chapter 88) shall govern such access as well as the above terms.
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