SHAREJUNCTION - Terms and Conditions of Use
Last Updated - 12 Nov 2017
Thank you for visiting and using our website. Please read the following terms and conditions (the “Terms and Conditions”) carefully before using our website and/or the Services (defined below). By using our website, you are taken to have agreed to these Terms and Conditions, and to be legally bound by them. If you do not agree with or accept these Terms and Conditions, or do not wish to be legally bound by them, please leave our website and do not use our website or Services.
1.1. You agree that these Terms and Conditions shall form a legal agreement between you and us. This means that, if you breach any these Terms and Conditions, we reserve the right to make claims and demands against you, take legal action against you, and/or assist third parties in enforcing their legal rights against you.
1.2. You agree that you have the necessary legal capacity to agree to these Terms and Conditions either:
1.2.1. in your personal capacity; or
1.2.2. on behalf of a corporate entity, in which case you further agree that you have the power and authority to agree to these Terms and Conditions on behalf of the corporate entity, and that such corporate entity shall be bound by these Terms and Conditions.
1.3. We reserve the right to modify these Terms and Conditions at any time, and in our sole and absolute discretion, by publishing these modifications on our Site. If you continue to use this Site and our Services after these modifications are published, you are deemed to have agreed to and accepted these modifications, and any further use or access by you of our Site and Services should be in compliance with the modified Terms and Conditions.
2. Site and Services
2.1. This site is owned, managed, operated, and maintained by Pte Ltd (“ShareJunction”; also referred to as “we” or “us”).
2.2. We may offer one or more of the following services on or through this Site (each a “Service” and collectively the “Services”):
2.2.1. content relating to stocks, shares, foreign exchange, financial products, financial services, or any other subject matter;
2.2.2. search engines or search tools;
2.2.3. advertising banners, spots, placements, or material;
2.2.4. message boards, forums, blogs, direct messaging tools, or any other tool or platform for communication;
2.2.5. email alerts; and
2.2.6. any other feature, tool, platform, or content that we may offer or provide from time to time in our sole and absolute discretion.
2.3. We reserve the right to change, modify, suspend, or terminate all or part of this Site and the Services from time to time and in our sole and absolute discretion. We may also impose limits or restrictions on your use or access of this Site and the Services, which may include suspending or terminating your Account, without having to give you prior notice or our reasons for doing so.
2.4. You may be required to register as a Member to use some of these Services. You acknowledge, however, that, in using and accessing these Services, whether as a Member or not, you agree to comply with these Terms and Conditions and to be bound strictly by them.
4. Account Information
4.1. You agree that your Account is for your sole and personal use (or the use of the corporate entity on behalf of which you agree to these Terms and Conditions).
4.2. When you register for an Account, you will select a user name. In doing so, you shall not:
4.2.1. select a user name with the intent of impersonating another person or entity;
4.2.2. select a user name that may reasonably cause others to believe that another person or entity is using or behind such user name; or
4.2.3. select a user name that is inappropriate, offensive, or rude.
4.3. You shall not register for more than one Account.
4.4. We reserve the right to decline registration of an Account at our sole and absolute discretion without giving you reasons for the declination.
4.5. When you register for an Account, you will also select a password. You agree that you shall not share your password with any other person, or cause or permit any other person to log into, access, or use your Account.
4.6. When you register for an Account, you may be required to provide us with your Personal Data. The Personal Data, or any other information, required for registering an Account may change from time to time. You agree that, when you register for an Account, you shall provide us with Personal Data or any other data that is complete, accurate, true, and current. If you fail to do so, or if we have reason to suspect that you have failed to do so, we can decline to register your Account. If we discover, after your Account has been registered, that the Personal Data you have provided are inaccurate, untrue, or incomplete, whether in whole or in part, we can restrict, suspend or terminate your Account without giving you notice.
4.7. You shall promptly inform us if you know or suspect that your Account has been used or accessed without your authority. You shall also promptly inform us if you know or suspect that your password has been disclosed to any other person. In such situations, we reserve the right to immediately restrict, suspend, or terminate your Account.
4.8. You shall be responsible for all Content, messages, communication, or activity of any kind transmitted or conducted in relation with your user name or password. We, or any other third party, shall assume that any Content, message, communication, or activity published or carried out on the Site in your user name was published or carried out by you.
4.9. We reserve the right to change or reassign user name or passwords in our sole and absolute discretion.
5. Restriction, Suspension, and Termination of Account
5.1. Without prejudice to any of the other clauses in these Terms and Conditions, we reserve the right, in our sole and absolute discretion, and without having to give prior notice or any reason to you, to:
5.1.1. restrict, suspend, or terminate your access to all or part of this Site or Services;
5.1.2. restrict, suspend, or terminate your Account; and/or
5.1.3. delete all Content, files, date, or information related to your Account.
5.2. Without prejudice to the generality of Clause 5.1 above, we can suspend or terminate your Account if it has been inactive for a period of six (6) months.
5.3. We shall not be liable, directly or indirectly whatsoever, for any loss or damage you or any other party may sustain arising out of or in connection with any restriction, suspension, or termination of your Account.
6. User Conduct and Content
6.1. We do our best to keep our Site and Services safe and pleasant for all our users, but cannot guarantee it. We need your help to keep our Site and Services safe and pleasant, which means that you shall not do any or all of the following:
6.1.1. Post any unauthorised communication that can reasonably be inferred as being for a commercial or for-profit purpose (such as spam).
6.1.2. Collect information or data about any user or Member, or access the Site and Services, using automated means such as harvesting bots, robots, spiders, or scrapers.
6.1.3. Upload, transmit, or send viruses, malwares, or other malicious code or programmes.
6.1.4. Solicit login information on, or access, an Account belonging to someone else.
6.1.5. Impersonate another person.
6.1.6. Make any communication about any user, Member, person, or entity that would reasonably cause such user, Member, person, entity, or persons related to such entity harassment, alarm or distress;
6.1.7. Make any communication about any user, Member, person, or entity that is untrue, malicious, or defamatory of such user, member, person, or entity;
6.1.8. Bully, intimidate, threaten, or harass any user, Member, person, or entity;
6.1.9. Post, publish, communicate, or share content (including posting or publishing links thereto) that is seditious, hateful, abusive, threatening, offensive, racist, depicts drug use or abuse, or contains violence, graphic elements, nudity, or content that is deemed inappropriate by us, in our sole and absolute discretion.
6.1.10. Post, publish, communicate, or share content that relates to politics, the government of Singapore, or content that is likely to constitute “election advertising” as defined by the Parliamentary Elections Act (Cap. 218).
6.1.11. Post, publish, communicate, or share content (including posting or publishing links thereto) that infringes the intellectual property or proprietary rights of any other person or entity, including, but not limited to, reproducing content that a some other person or entity owns the copyrights to.
6.1.12. Post, publish, communicate, or share content (including posting or publishing links thereto) that, by law, should not be disclosed, including, but not limited to, content protected by the Official Secrets Act.
6.1.13. Post, publish, communicate, or share (including posting or publishing links thereto) any person’s or entity’s identification documents, or sensitive or confidential financial or corporate information.
6.1.14. Use the Site or the Services to do anything unlawful or illegal, whether directly or indirectly.
6.1.15. Use the Site or Services to do anything that is calculated at causing, or may reasonably cause, harm, damage, or loss to any person or entity.
6.1.16. Do anything that could disable, overburden, destabilise, or impair the proper working or appearance of the Site and Services.
6.2. If you breach any of your obligations in Clause 6.1 above, we reserve the right to do any or all of the following without giving you notice or reasons and without prejudice to the generality of these Terms and Conditions:
6.2.1. Delete or remove any content, information, communication, or data that you have made, published, or posted.
6.2.2. Assist or support any person or entity in making claims or demands against you or in taking legal action against you, which may include, but is not limited to, disclosing your Personal Data and any other information or data connected to your Account to such person or entity to the extent permitted by law.
6.2.3. Assist or support any government or investigative authority, which may include, but is not limited to, disclosing to them your Personal Data and any other information or data connected to your Account.
6.2.4. Restrict, suspend, or terminate your access to the Site and Services and/or to your Account.
6.2.5. Make claims or demands and/or take legal action against you.
7. Intellectual Property and User Content
7.1. The copyright, patents, trade marks, registered designs, and all other intellectual property rights in the Site and in the Services shall be owned by, and vested in, us.
7.2. In particular, the trade marks, logos, and service marks (the “Marks”) displayed on this Site are the property of ShareJunction Pte Ltd or of a relevant third party. You are not permitted to use or deal with any of the Marks without our prior written consent or the prior written consent of such relevant third party.
7.3. When you post, upload, publish, submit, transmit, or contribute User Content to the Site or when using the Services, you:
7.3.1. represent and warrant that:
188.8.131.52. all such User Content are your original works and creations, and they do not infringe the copyright or intellectual property rights of any other person or entity;
184.108.40.206. none of the User Content are proprietary or confidential;
220.127.116.11. none of the User Content have been disclosed in violation of the law; and
18.104.22.168. none of the User Content may reasonably expose us to any civil or criminal proceedings in any part of the world.
7.4. Pursuant and subject to the representations and warranties you have given at Clause 7.3.1 above, you own all the User Content you post, publish, or transmit on our Site and through the Services. However, you agree that you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide licence to use any of the User Content.
7.5. We may, from time to time, reproduce or provide links to third-party content on or from other websites. We are not responsible for such content, nor do we own the intellectual property to them.
7.6. If you wish to delete User Content that you have published on our Site, you may send a request in writing to [email protected]” identifying the User Content that you wish to delete. We will respond to your request within a reasonable amount of time. Requests made in any other form, including, without limitation, publishing a post on our Site, will not be entertained.
8. Linked Sites
8.1. We may provide links to other websites (the “Linked Sites”) on this Site and as part of our Services. However, we have no control over the Linked Sites, and will not be responsible for their content or for any damage or loss you may incur from using or accessing the Linked Sites. This shall be the case even if the Linked Sites belong to our advertisers, sponsors, or Members.
9.1. This Site and the Services are provided on an ‘as is’, ‘as available’ basis only without any express or implied warranties. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, we further do not warrant that the functions contained in the Site, Services, or any Content therein will be timely, uninterrupted or error-free, without omission, that defects will be corrected, or that the Site, Services, Content, or our Servers are free of viruses or other harmful components, or that the download, installation or use of any Content or Services in or with any Computer will not affect the functionality or performance of the Computer. We also do not warrant or make any representations regarding the use or the results of the use of the Services, the Site or the Content in terms of their correctness, accuracy, completeness, reliability, or otherwise.
9.2. The Content, data, and information available on the Site and through the Services are of a general nature. They do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice. You should, at all times, consult a qualified expert or professional adviser to obtain advice and independent verification of the Content, information and data contained herein before acting on them. Any financial or investment information available in this Site or through the Services are strictly intended to be for your general information only. You should not rely upon such information in making any particular investment or other decision that ought reasonably be made only after consulting a fully-qualified financial adviser. Furthermore, such information do not, nor are they intended to constitute, any form of investment advice or any inducement, invitation or recommendation relating to any of the products or services listed or referred to. Any arrangement or agreement made between you and any third party named on or linked to from this Site and the Services is at your sole risk and responsibility. We do not sponsor, endorse or promote any financial products, services or information.
9.3. You acknowledge and agree that, because of the large volume of Content that is posted, published, transmitted, uploaded, or made available on our Site and the Services, it is not feasible for us to monitor, review, or exercise editorial control over all such Content. Accordingly, we do not endorse and shall not be responsible for Content available on our Site and through the Services. Moreover, you acknowledge and agree that we are not obliged, in any way, to remove or delete Content that you take objection to simply on the basis of a request by you to do so. Our refusal to remove or delete Content that you object to shall not, in any way, be construed as us endorsing or agreeing with such Content.
9.4. We do not endorse nor recommend, nor do we act as an agent, reseller, or distributor of, Third Party Products that may be available on or linked from our Site or through the Services. We are, therefore, not responsible or liable for these Third Party Products.
9.5. We shall not be liable, in law, equity, or otherwise, for any harm, loss, or damage that you or the entity that you represent or act on behalf of may sustain arising out of or in connection with, whether directly or indirectly, the use or access of this Site and the Services or the inability to use or access this Site and the Services. If, however, a court or tribunal of competent jurisdiction finds us to be liable to you for damages, or if an agreement is reached between you and us to the same effect, you agree that our aggregate liability to you, notwithstanding the nature of your claim or the cause of action under which it is made, shall not exceed the amount of Singapore Dollars two hundred (S$200.00).
9.6. We may, upon your request, the direction or request of an authority, governmental body, court or tribunal, or on our own volition, communicate with you on complaints you make or notices you give in respect of Content on this Site or on any claim, demand, or proceeding you make against any party or entity. Such communication may further involve providing you with information or data of any kind, the removal or deletion of Content from our Site, or the restriction, suspension, or termination of any Account. Be that as it may, you agree and acknowledge that any such communication or act shall not be indicative, nor shall it be construed as, any partial or whole waiver of Clause 9.5 above.
10.1. You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, partners, directors, employees, and all related persons harmless from all claims, demands, actions, proceedings, liabilities (including those to third parties), penalties, costs (including, but not limited to, legal costs), awards, losses, and/or expenses arising out of or in connection with:
10.1.1. your use and access of the Site or the Services;
10.1.2. your connection to the Site;
10.1.3. your breach of any of provisions of these Terms and Conditions;
10.1.4. your violation of the rights or interests of any person or entity; or
10.1.5. your breach of any statutory duty, requirement, regulation, or law.
11.1. You may give us notice of any matter under these Terms and Conditions or otherwise by sending an email to “[email protected]”. We will consider all notices submitted to us, and may respond accordingly if necessary and required. Any other forms of notice to us, including, without limitation, publishing a post on the Site, will not be entertained.
11.2. In your notice is in respect of Content that you find has violated your rights or interests (the “Objectionable Content”), you agree that you shall not take any legal action or exercise any legal remedy against us in respect of such Objectionable Content until you have first given us a reasonable time period to act on, and to respond to you, on your notice. Where, pursuant to your notice or otherwise, we remove or delete the Objectionable Content, you agree not to take further legal action or exercise further legal remedy against us, and to wholly waive any right of action you may have against us under any applicable law, equity, or otherwise.
11.3. We do not endorse any User Content published or transmitted on our Site or through the Services. If a dispute arises between you and another user, Member, or any other third party arising from User Content found on our Site or in our Services, nothing we do or omit from doing should be construed as us taking a side in the dispute or endorsing the position of any party in the dispute.
12. Jurisdictional Matters
12.1. This Site and the Services is owned, managed, and operated in Singapore. We make no representation that the Site and the Services are appropriate, legal, or available for use in your location, wherever you may be. If you are accessing or using this Site and the Services outside of Singapore, you do so on your own initiative and are responsible for compliance with the laws and regulations that apply to you.
13.1. If any provision of these Terms and Conditions is found to be illegal, void, or unenforceable under any applicable law by a court or tribunal of competent jurisdiction, these Terms and Conditions shall continue to be in force save such provision being deemed to have been deleted.
14. Governing Law and Jurisdiction
14.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of Singapore.
14.2. All disputes arising out of or in connection with these Terms and Conditions or your use or access of the Site or the Services shall be resolved fully and finally by the courts of Singapore, the jurisdiction to which you submit on a non-exclusive basis.