Background
You hereby expressly request and authorise Golden Equator (as defined below) to provide the use and access GE360 and the receipt, collection, collation, recordation, reorganisation, access, provision, disclosure, transmission of data and information, and all other services in connection with GE360 (the “Services”), and these terms and conditions (this “T&Cs”) define the relationship between you and us. When we refer to “Golden Equator”, “we”, “us” “our”, we refer to Golden Equator Capital Pte. Ltd. and its affiliates, whereby the term “affiliate” with respect to a party hereto shall mean any person or entity that controls, is controlled by, or is under common control with, such party (with “control” meaning the ability to control via board control, equity ownership, contract or otherwise). All references “you” or “your” shall, where applicable, apply to both the entity that has entered into an investment management agreement with Golden Equator (an “IMA”) and its authorised representatives.
Please read all of the following terms of this T&Cs carefully before using GE360 or any of our Services. By (a) clicking on a box indicating acceptance upon signing into an account on GE360; and/or (b) accessing, using or continuing to accessing or using GE360, any Services and/or any data or information contained therein, including but not limited to text, content and graphics, you confirm that you accept this T&Cs and that you agree to comply with them. Where relevant, you in your capacity as an authorised signatory of an entity that has entered into an IMA with Golden Equator hereby declare that you have been appropriately authorised to use and access GE360 for and on behalf such entity. Your use of and access to GE 360 and such Services in your capacity as an account holder is subject to the terms in this T&Cs and the applicable terms in the relevant IMA. In the event of a conflict or any inconsistency of the terms herein and that which govern your relationship with us under any IMA, the terms and conditions in the latter shall prevail. If you do not agree to any of the terms, you must not access or otherwise use GE360 or any of our Services. Our Privacy Policy also applies to your use of GE360 and is incorporated into this T&Cs by reference.
Your Account
You acknowledge and agree that you had requested and authorised Golden Equator to provide the use and access to GE360 and the Services, and that for this purpose, you are required to be registered as an account holder.
As you had chosen, or you had been provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose such information to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this T&Cs. If you know or suspect that anyone other than yourself knows your account details, you must promptly notify us or close your account, failing which you shall be held liable for any misuse arising out of or in connection with your account.
You confirm that you will be accountable and legally liable for all activities carried out (a) using your GE360 account and (b) with the data and/or information made available or accessible via GE360.
Updates
We may modify this T&Cs (including the Privacy Policy) from time to time without any prior notice. As changes to this T&Cs take effect when they are posted on GE360, you may determine if any such revision has taken place by referring to the date on which this T&Cs was last updated and should visit this page periodically to note any changes. Your continued access and/or use of GE360 or any of our Services, constitutes your acknowledgement and acceptance of such updated terms. Any terms or conditions proposed by you which are in addition to or which conflict with this T&Cs are expressly rejected by Golden Equator and shall be of no force or effect.
Without prejudice to the above, we may provide notice on such updates, modifications or other changes to the T&Cs, GE360 and/or any Services. You hereby expressly acknowledged that Golden Equator, in light globalisation and the internationalisation of markets, is compelled to issue such notices with electronically published information, whether by way of GE360, electronic mail or otherwise. Once such notices have been duly issued and/or displayed, they shall be deemed to be legally binding on you.
Service Availability
We operate GE360 at our sole discretion and shall have the right to change, modify, suspend or end any aspect or feature of GE360 and/or any Services or your use thereof, including where applicable, cancel any account that you may have with notice or liability at any time at our sole discretion. Notwithstanding any terms or conditions to the contrary in this T&Cs, to the extent allowed under applicable law, these changes may be effective for any reason whatsoever.
You hereby agree, acknowledge and understand that when data is processed in a specific country, the laws and regulations of the countries and jurisdictions in which such data is processed or to which it is transferred shall apply in addition to the legal provisions of the country in which the relevant accounts are held. This may limit the type of services that Golden Equator can provide to account holders such as yourself in one or more countries and/or jurisdictions.
We have no obligation to monitor or enforce any intellectual property rights that may be associated with content you provide us, but we have the right to enforce any rights which we may have through any means we see fit. We do not directly control or endorse all of the data or information found on GE360 or external sites that may be linked to or from GE360 and, therefore, we specifically disclaim any responsibility with regard thereto.
The procedure and the standards for the GE360 setup, access and use will be carried out strictly according to Golden Equator’s requirements, which will be updated from time to time in our sole discretion.
Acceptable Use Policy and Restriction of Use
You must at all times comply with applicable law and regulations when accessing GE360 and utilising any of the Services. You may not use GE360 or any Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with this T&Cs.
You agree to use GE360 solely for your own internal non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You expressly agreed to not to: (a) transfer, copy, reproduce, distribute, reverse engineer, disassemble, create derivative works from, decompile, or otherwise attempt to reveal the trade secrets or know-how underlying GE360 and/or the Services; (b) use the data and/or information from GE360 or any of the Services (including intellectual property) for competitive analytical, benchmarking, or market research purposes; (c) use the data and/or information from GE360 or any of the Services (including intellectual property) to construct a database of any kind or store (in whole or in part) in databases for access by you or any third party; or (d) access or use the data and/or information from GE360 or any of the Services (including intellectual property) in any manner or for any purpose inconsistent with the terms of this Agreement or the Documentation.
You shall not violate the security of GE360 or attempt to gain unauthorised access to, interfere with or disrupt the integrity or performance of GE360, any Service, data, materials, information, computer systems or networks connected to any server associated with GE360, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of Golden Equator, imposes or may impose an unreasonable or disproportionately large load or burden on GE360 or the infrastructure of GE360. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of GE360, any data or information found on or accessed through GE360.
You are wholly responsible for, and undertake to take all necessary measures to maintain and ensure, the security of your server, network or system for the transmission of data and to prevent access to the data or information contained therein by any unauthorised party.
You shall inform Golden Equator immediately if you receive data or information that is erroneous, or if you detect any system error or malfunction within GE360.
Intellectual Property Rights
We are the owner or the licensee of all intellectual property rights in GE360, including but not limited to text, content, photographs, video, audio, graphics, user interface design or logo, net domain names, specifications, know-how, service marks, ethical or moral rights hereon, the material published on GE360, and/or any parts of the Services (whether or not registered as well as all rights to use for registration). All such rights are reserved. GE360 is also protected as a collective work or compilation under Singapore copyright and other laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on GE360.
NOTHING IN THIS T&CS OR YOUR USE OF GE360 GRANTS YOU ANY OWNERSHIP OR RIGHTS IN GE360, THE SERVICES, THE CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE SERVICES, OR ANY OF OUR TRADEMARKS, TRADE NAMES, SERVICE MARKS, COPYRIGHTS, OR LOGOS, EXCEPT AS EXPRESSLY PROVIDED FOR UNDER THIS T&CS. YOU MUST NOT USE ANY PART OF THE CONTENT ON GE360 FOR COMMERCIAL PURPOSES WITHOUT OBTAINING A LICENCE TO DO SO FROM US OR OUR LICENSORS. YOU ACQUIRE ABSOLUTELY NO RIGHTS OR LICENCES IN OR TO GE360 AND MATERIALS CONTAINED WITHIN GE360 (INCLUDING IMAGES, DETAILS, DATA, ILLUSTRATIONS, DESIGNS, ICONS, TEXT, SOFTWARE, GRAPHICS, SCRIPTS, LOGOS, AND OTHER MATERIALS THAT ARE PART OF GE360) OTHER THAN THE LIMITED RIGHT TO UTILISE GE360 IN ACCORDANCE WITH THIS T&CS. SUCH MATERIALS MAY BE PROVIDED BY TRADEMARKS, SERVICE MARKS, COPYRIGHTS AND OTHER INTELLECTUAL OR OWNERSHIP RIGHTS OWNED BY GOLDEN EQUATOR.
Third-Party Sites or Services
Our Services may provide you with access to Third-Party Sites or services (“Third-Party Sites”). Any access or use of any such Third-Party Site is entirely at your own discretion and risk.
Further, your use of any Third-Party Site shall be governed by the terms and conditions of that website. It is your sole responsibility to review the terms and conditions of a Third-Party Site before accessing or using the said website.
We are not responsible for the availability, content, or accuracy of other Third-Party Sites, services, or goods that may be linked to, or advertised on, GE360. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, GE360; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, goods, or advertisements that may be linked to the GE360; or (c) make any endorsement, express or implied, of any other Websites, services, goods, or advertisements that may be linked to GE360.
To the extent permissible by law and without prejudice to any other provisions in this T&Cs, we disclaim any and all liability for any loss, damage and any other consequence arising from or relating to, whether directly or indirectly, to your access to any Third-Party Site or any information you provide to or any transaction conducted on such Third-Party Site or any act, omission, default on the part of the third party.
No Warranty, Representation or Guarantee
To the extent under applicable law, Golden Equator: (a) does not warrant and disclaims all implied warranties and representations (for example warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (a) does not guarantee that GE360 or any of the Services will function without interruption, errors or omissions or is compatible with your equipment or that GE360 is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files; and (c) provides GE360 and the Services (including content and information) on an “as is” and “as available” basis.
THE DATA AND INFORMATION ON GE360 IS PROVIDED NO EARLIER THAN ONE (1) BUSINESS DAY AFTER THE GOLDEN EQUATOR’S RECEIPT THEREOF. ACCORDINGLY YOU AGREE, ACKNOWLEDGE AND UNDERSTAND THAT SUCH DATA AND INFORMATION IS: (A) PROVISIONAL AND NON-BINDING; (B) FOR INFORMATION PURPOSES ONLY; (C) NOT TO BE CONSTRUED AS TAX OR CLIENT STATEMENTS; (D) IS NOT FOR REPORTING PURPOSES AS MAY BE REQUIRED BY ANY APPLICABLE LAWS AND/OR REGULATIONS; (E) IS NOT AN INDICATION OR GUARANTEE OF ANY FUTURE PERFORMANCE OR RESULTS. IT IS NOT INTENDED TO AMOUNT TO ADVICE, STRATEGY OR RECOMMENDATIONS OF ANY SORT (WHETHER INVESTMENT, ACCOUNTING, LEGAL, TAX OR OTHER ADVICE) ON WHICH YOU SHOULD RELY.
You must, at all times, obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on GE360. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. Although we make reasonable efforts to update the information on GE360, we make no representations, warranties or guarantees, whether express or implied, that the content on GE360 is accurate, complete or up to date and do not assume any liability for the accuracy, completeness and/or malfunctioning of the data or information therein. Any use you make of the information provided on GE360 is entirely at your own risk and we will not be liable for any damages or losses (including any loss of data or profits) resulting from your use of GE360, any Service, data or information therein or in connection thereto.
Nothing contained on GE360 constitutes an offer or part offer (or a solicitation thereof) to provide asset management or advisory services, either on a discretionary or non-discretionary basis. No content contained on GE360 shall be deemed to constitute an invitation to subscribe for or otherwise acquire securities, derivative products, or units in mutual funds.
Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GOLDEN EQUATOR, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUCCESSORS, OR ASSIGNS SHALL NOT BE LIABLE AND SHALL ASSUME NO LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOSSES OR EXPENSES OF ANY KIND HOWSOEVER CAUSED AS A RESULT OF THE USE OF OR ACCESS TO THE SERVICES, OR YOUR INABILITY TO USE OR ACCESS THE SERVICES, INCLUDING ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF OR IN CONNECTION WITH RELYING ON GE360, THE SERVICES AND/OR IN CONNECTION WITH THIS T&CS. THIS IS EVEN IF SUCH DAMAGES WERE FORESEEABLE OR GOLDEN EQUATOR HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY CONFIRM THAT YOU WILL HOLD GOLDEN EQUATOR, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY LIABILITY OR DAMAGES SUFFERED AS A RESULT OF OR IN CONNECTION WITH RELYING ON GE360, THE SERVICES AND/OR IN CONNECTION WITH THIS T&CS.
YOU AGREE THAT IN NO EVENT SHALL GOLDEN EQUATOR, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, EXPENSES, LIABILITIES UNDER ANY CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE) CAUSED THROUGH THE USE OF, OR THE INABILITY TO USE OR ACCESS GE360 OR THE SERVICES OR ANY DATA OR INFORMATION THEREIN.
IN THE EVENT THAT GOLDEN EQUATOR IS LIABLE FOR DAMAGES DESPITE THE FOREGOING PROVISION, YOU AGREE THAT GOLDEN EQUATOR’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CAUSES OF ACTION SHALL NOT EXCEED IN AGGREGATE OF S$100,000.
Indemnity
YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS GOLDEN EQUATOR, ITS SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, PARTNERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING LEGAL COSTS AND EXPENSES, INCLUDING ANY OTHER PROFESSIONAL FEES, ARISING OUT OF OR IN CONNECTION WITH GE360 OR ANY SERVICE, DIRECTLY OR INDIRECTLY, FROM YOUR ACCESS OF AND/OR USE OF GE360, INCLUDING WITHOUT LIMITATION: (A) A VIOLATION OR ALLEGED VIOLATION OF THIS T&CS BY YOU OR ANYONE USING YOUR COMPUTER (OR ACCOUNT, WHERE APPLICABLE) INCLUDING ANY BREACH OF ANY COVENANT OR AGREEMENT TO BE PERFORMED BY YOU HEREUNDER; (B) ANY CLAIMS OF INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY, OR ANY RIGHT OF PRIVACY OR PUBLICITY, IS LIBELLOUS OR DEFAMATORY, OR OTHERWISE RESULTS IN INJURY OR DAMAGE TO ANY THIRD PARTY; (C) ANY DELETIONS, ADDITIONS, INSERTIONS OR ALTERATIONS TO, OR ANY UNAUTHORISED USE OF, GE360 BY YOU OR SOMEONE USING YOUR COMPUTER (OR ACCOUNT, WHERE APPLICABLE); OR (D) ANY MISREPRESENTATION OR BREACH OF REPRESENTATION OR WARRANTY MADE BY YOU CONTAINED HEREIN.
GOLDEN EQUATOR RESERVES THE RIGHT TO ALL REMEDIES AVAILABLE AT LAW AND IN EQUITY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ALL LEGAL FEES AND COSTS AWARDED AGAINST OR OTHERWISE INCURRED BY OR IN CONNECTION WITH OR ARISING FROM ANY SUCH CLAIM, SUIT, ACTION, OR PROCEEDING ATTRIBUTABLE TO ANY SUCH CLAIM. GOLDEN EQUATOR RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH GOLDEN EQUATOR IN ASSERTING ANY AVAILABLE DEFENCE. YOU ACKNOWLEDGE AND AGREE TO PAY OUR LEGAL FEES AND EXPENSES INCURRED IN CONNECTION WITH ANY AND ALL LAWSUITS BROUGHT AGAINST YOU BY GOLDEN EQUATOR UNDER AND IN CONNECTION WITH THIS T&CS, OUR PRIVACY POLICY AND ANY OTHER TERMS AND CONDITIONS OF SERVICE ON GE360, INCLUDING WITHOUT LIMITATION, LAWSUITS ARISING FROM YOUR FAILURE TO INDEMNIFY GOLDEN EQUATOR PURSUANT TO THIS T&CS.
Assignment
You may not assign, novate or otherwise transfer any of your rights or obligations under or in connection with this T&Cs to any party.
We may assign, novate or otherwise transfer our rights and obligations under or in connection with this T&Cs to another party. We may also delegate or sub-contract any obligations under this T&Cs. Notwithstanding the above, we will inform you if any of these happen and will ensure that such assignment, novation, transfer, delegation or sub-contract will not have a material adverse effect on your rights under this T&Cs.
Governing Law and Jurisdiction
This T&Cs shall be governed and construed in accordance with the laws of Singapore (including the Evidence Act 1893 of Singapore and the Electronic Transactions Act 2010 of Singapore, both as may be amended from time to time), without regard to any conflict of law provision. The courts of Singapore shall have exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes (the “Disputes”) which may arise out of or in connection with GE360 or this T&Cs (including any dispute regarding the existence, validity or termination of this T&Cs), and for such purposes, you agree to submit to the jurisdiction of the courts of Singapore. Each party hereby waives any objection which it might at any time have to the courts of Singapore being nominated as the forum to hear and determine any proceedings and to settle any disputes. Notwithstanding the above, no Golden Equator group entity shall be prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction. To the extent allowed by law, any Golden Equator group entity may take concurrent proceedings in any number of jurisdictions.
Notwithstanding the above, you are responsible for complying with the laws of the jurisdiction from which you are accessing GE360, and you agree and confirm that you will not access or use the information on GE360 in violation of such laws. You also agree that our failure to enforce any rights under this T&Cs will not constitute any waiver of any terms or conditions in this T&Cs.
Miscellaneous
Except as expressly stated otherwise in this T&Cs, an individual or a corporate entity who is not a party to this T&Cs shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore, as may be amended from time to time, to enforce any term or condition of this T&Cs.
If any provision of this T&Cs is unlawful, invalid or unenforceable, this shall not affect the rest of the terms and conditions under this T&Cs.
To the extent permissible by law, any claim or cause of action arising out of or related to use of GE360, under this T&Cs or in connection with the Services, these must be filed within one (1) year after such claim or cause of action arose or be forever barred.
THE CONTENT ON GE360 IS NOT INTENDED FOR ACCESS, USE BY OR DISTRIBUTION TO ANY INDIVIDUAL OR LEGAL ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION, PUBLICATION OR USE WOULD BE CONTRARY TO THE LAW OR REGULATORY PROVISIONS OR IN WHICH GOLDEN EQUATOR DOES NOT HOLD THE NECESSARY REGISTRATION OR LICENCE. SUCH INDIVIDUALS OR LEGAL ENTITIES IN RESPECT OF WHOM SUCH PROHIBITIONS APPLY, SHOULD NOT ACCESS OR USE GE360.
Material Interest
Golden Equator and/or its suppliers, agents, directors, officers, employees, representatives, partners, successors and assigns may have or may have had an interest or positions in, or may trade or have traded in the securities described on GE360. Such individual or corporate entities may have or may have had a director seat on the boards of directors of such companies issuing such securities.
Questions
If you have any questions about GE360 or this T&Cs, please contact us at [email protected]. All questions, feedback and other suggestions submitted will be treated as non-confidential and non-proprietary and may be disclosed or used by Golden Equator in its sole discretion, without any obligation to compensate you.
Last Updated 19 March 2024
