Please read these terms and conditions of use (these “Conditions”) carefully. By registering with and logging in to, or otherwise accessing and using, this SGX Bull Charge Mobile App (our “Mobile App”), you will be conclusively presumed to have notice of, and you acknowledge that you agree to comply with and be bound, by these Conditions, as amended from time to time. These Conditions govern our relationship with you in relation to our Mobile App. If you disagree with any part of these Conditions, you must immediately discontinue your access or use of our Mobile App.
Specific terms and conditions of use appearing on specific sections of our Mobile App may be applicable to such sections of our Mobile App. Such specific terms and conditions of use shall constitute a part of these Conditions. In the event of any conflict between such specific terms and conditions of use and these Conditions, the specific terms and conditions of use shall prevail to the extent of such conflict.
The term ‘Singapore Exchange Limited’, ‘Singapore Exchange’, ‘SGX’, ‘we’ or ‘us’ refers to Singapore Exchange Limited and its affiliates (where applicable), and the term ‘our’ has a correlative meaning. The term ‘you’ refers to the viewer or user of our Mobile App, and the term ‘your’ has a correlative meaning.
Headings are inserted for convenience and shall not affect the interpretation of these Conditions.
1. The information and materials located or hosted on, or linked to, our Mobile App (the “Materials”) are protected by copyright, trademark and other forms of proprietary rights. Such Materials include, but are not limited to, data, photographs, graphics, illustrations, designs, trademarks, trade names, service marks, product names, logos, insignias or other devices, software programmes, downloadable files, software applications, interactive features, tools, services, articles, videos or other information or content made available on or through our Mobile App. The presentation and layout of the Materials is also protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and laws of Singapore and other countries.
2. Unless otherwise stated, the rights, titles and interests to the Materials are owned by, licensed to or controlled by us.
3. You shall not use any of the names, marks, designs and logos owned or controlled by SGX and/or SGX’s affiliates (collectively, “SGX Marks”, including the words “Singapore Exchange”, “SGX”, SGX’s logo and other service marks, trademarks, trade names, slogans, symbols, designs, insignia, emblems and other identifying characteristics associated with SGX and/or its affiliates, whether used alone or in conjunction with any other name, words or marks) without SGX’s prior written consent.
4. Any use and/or reproduction of any SGX Mark shall be in accordance with these Conditions and SGX’s and/or SGX’s affiliates’ relevant branding guidelines. SGX and/or any SGX affiliate may in its sole discretion request you to modify or remove any SGX Mark, including where such use or reproduction may affect SGX’s and/or SGX’s affiliates’ rights. SGX and SGX’s affiliates reserve all rights to take action against any misuse or infringement of any SGX Mark and/or violations of applicable laws. In the event you enter into any definitive agreement with SGX and/or any of SGX’s affiliates relating to any SGX Mark, the terms of such definitive agreement shall prevail in the event of conflict between such definitive agreement and any of these Conditions.
5. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of infringement of any trademark or any other intellectual property rights.
Access to our Mobile App
1. You may access and view our Mobile App solely for your own personal and non-commercial use. If you make a copy of the Materials, you must ensure that such copy must be in the form as presented on our Mobile App and must include all applicable copyright and other notices on our Mobile App as the case may be.
2. Except with our prior written permission, you may not copy, store (either in hardcopy or in an electronic retrieval system), adapt, alter, translate, transmit, disseminate, distribute, perform, broadcast, publish, reproduce, publicly display, hyperlink, sell, license, rent, lease or otherwise transfer any of the Materials, or otherwise transfer any of the Materials to any other person (whether for direct commercial purpose or monetary gain or otherwise) or otherwise use in whole or in part in any manner.
3. Except with our prior written permission, you may not create a derivative work from the Materials, nor decompile, reverse-engineer or disassemble the Materials.
4. Any rights relating to the Materials and our Mobile App not expressly granted herein are reserved and no licence or right is granted to you by implication, estoppel or otherwise.
No unlawful or prohibited use of our Mobile App
You acknowledge and agree that, as a condition of your access and use of our Mobile App, you will not use the Materials or our Mobile App for any purpose that is unlawful or prohibited by these Conditions. You may not use our Mobile App in any manner that could damage, disable, overburden or impair any SGX server, or the networks connected to any SGX server, or interfere with any other party’s access and use of our Mobile App. You may not attempt to gain unauthorised access to our Mobile App, or any services provided via our Mobile App, other accounts, computer systems or networks connected to any SGX server or to any of the services provided via our Mobile App, through hacking, password mining or any other means. You may not obtain, or attempt to obtain, any Materials or other information through any means not intentionally made available on or through our Mobile App.
Limited linking and framing of our Mobile App
Unless otherwise stated, you may not link (including, but not limited to, hyperlink, in-line link or deep-link) (hereinafter collectively referred to as “Link”), mirror or frame our Mobile App or any part thereof to any other web page, website, server or otherwise. Except with our prior written permission no trademark, trade name, service mark, product name or logo may be used as a Link or to mark any Link to our Mobile App or any part thereof or any other web page or website.
Information about You
Identification key and password
1. Certain web pages and/or sections of our Mobile App may only be used or accessed through an identification key and password.
2. Identification key and/or password may either be assigned to you or selected by you. Where they have been selected or changed by you, we have the discretion to reject any selection or change without assigning any reason. We recommend that you change your passwords often, use a combination of letters and numbers, and ensure that you use a secure browser.
3. You will be solely responsible to keep the identification key and password confidential, secret and secure. You must not disclose it, or allow it to be disclosed, to any other person.
4. If you believe that the security or confidentiality of your identification key or password has been compromised, you have the responsibility to change your identification key or password. You will be liable for any unauthorised use or access of such web pages and/or sections of our Mobile App with your identification key and/or password. We are not liable for any damages resulting from any security breaches, unauthorised and/or fraudulent use or access of such web pages and/or sections of our Mobile App with your identification key and/or password.
Disclaimers and exclusion of liability
1. The Materials are of a general nature which have not been verified, considered or assessed by us and are provided to you on an “as is” and “as available” basis without warranties of any kind. Your use of the Materials is at your own risk. We hereby disclaim all liability and responsibility to update the Materials. We do not make any representations, and hereby disclaim all warranties, express or implied, statutory or otherwise to the extent permitted by law, in respect of our Mobile App or the Materials, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose, or any representations or warranties arising from usage, custom or trade or by operation of law.
2. Due to the inherent defects of electronic distribution, there may be errors, delays, omissions, interruption, breach of security, corruption, unavailability of access in connection with or inaccuracies in the Materials or our Mobile App (“Defects”). We do not guarantee, represent or warrant that access and use of our Mobile App will be uninterrupted. We assume no responsibility for consequences of any such Defects even if either of us had been advised as to the possibility.
3. We do not guarantee, represent or warrant that our Mobile App is free of malicious software, including, but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful components (“Malicious Software”). We accept no liability for any loss, damage, claim liability, expense or costs that may result from any transmission of such Malicious Software via our Mobile App (including, but not limited to, files downloaded from our Mobile App).
4. You should not take any action, or omit to take any action, in reliance on the Materials or our Mobile App without independent verification or advice.
5. We will not be liable to you or anyone for any loss, damage, claim, liability, expense or costs, whether in contract, tort (including negligence) or otherwise, arising out of or in relation to:
7. We will not be liable for any direct, indirect, consequential, incidental, special or punitive loss, damage, claim, or liability including, but not limited to, loss of data, profits, business contracts or business opportunities, whether in contract, tort (including negligence) or otherwise.
8. You hereby agree to indemnify and hold us harmless against all loss, damage, claim, liability, expense or costs suffered or incurred by you in connection with or arising from:
Violations of these Conditions
We reserve the right, in our absolute discretion, to monitor any and all access and use of our Mobile App. We reserve our right to terminate your access and/or use of our Mobile App or any part thereof and we may block access from a particular internet protocol address to our Mobile App or any part thereof in the event of any violation of these Conditions. In addition, we reserve the right to seek all remedies available under these Conditions, at law and in equity for violations of these Conditions. These may include, without limitation, take-down requests to online locations, network service providers, search engines and/or app stores and/or notification to domain registration service providers.
Changes to these Conditions
We may, from time to time and at any time, update or revise these Conditions. Such update or revision is effective upon publication on our Mobile App. You are responsible for ensuring that you have read the most current version of these Conditions. Your continued access and/or use of our Mobile App will be deemed to constitute your conclusive acceptance of the updated or revised Conditions. The Materials are subject to change including, without limitation, modification, deletion or replacement thereof without notice.
Our principal office is at 2 Shenton Way, #02-02 SGX Centre, Singapore 068804.
If any provision of these Conditions, in whole or in part, is held to be illegal, invalid or unenforceable under any enactment or rule of law or by any court in any jurisdiction: (i) such provision or part will, to that extent, be deemed not to form part of these Conditions, but the legality, validity and enforceability of the remainder of these Conditions is not affected; and (ii) the legality, validity and enforceability of that or any other provision or part under any other jurisdiction will not be affected.
Governing law and jurisdiction
These Conditions shall be governed by, and construed in accordance with, the laws of Singapore. You agree to submit to the non-exclusive jurisdiction of the Singapore courts.