Terms and Conditions of Use of Singapore Bullion Market Association Website

1. INTENT

1.1

These terms and conditions of use (“Terms”) govern the Singapore Bullion Market Association (“SBMA”) website (“Website”). By accessing and using the Website, you acknowledge that you have read the Terms and agree that the Terms constitute a binding legal agreement between you and SBMA. If you do not agree to comply with the Terms, please do not use the Website.

1.2

Headings used in these Terms are for convenience of reference only and are not to affect the construction of or to be taken into consideration in interpreting these Terms.

1.3

No person has any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any provision of these terms except as expressly provided in these Terms.

2. SERVICES PROVIDED

2.1

SBMA may provide information, including general information, reports in relation to the precious metal industry as well as information on SBMA (“Materials”) on its Website. Such Materials will be available to both SBMA members and non-SBMA members.

2.2

Only SBMA members will be able to gain access to other information or materials (“Other Materials”) that SBMA may provide exclusively to them. In order to gain access to the Other Materials, SBMA members will be required to register for an account (“Account”) with SBMA in order to become an account holder (“Account Holder”). SBMA will activate the Account and access to the Other Materials upon receipt of all duly completed information or documentation to the satisfaction of SBMA.

2.3

SBMA will only activate the Account and provide access to Other Materials if it is of the view that there are no discrepancies, ambiguity, or contradiction in the information submitted by you. For the avoidance of doubt, SBMA is not obliged or required to check the information submitted for any discrepancy, ambiguity or contradiction. SBMA may at its sole and absolute discretion suspend or discontinue an Account Holder’s access to the Account or the provision of, or modify, all or any of the Other Materials without giving any reason.

2.4

The Materials and Other Materials (collectively, the “Services”) provided by SBMA is intended to be for informational purposes only and is not intended to be legal, transactional or any form of professional advice. You agree that you will not rely on any of the Services as professional advice or in any way whatsoever. If you have a specific issue or query to be addressed, you should seek advice from the relevant professionals.

3. REGISTERING FOR AN ACCOUNT AND ACCOUNT SECURITY

3.1

Only SBMA members may become Account Holders. To become Account Holders, SBMA members will need to complete a registration form made available to them by SBMA, by filling in all mandatory fields with current, accurate, true and complete information as required in the registration form. Upon submission of the registration form, an email will be sent to the address that they have provided for verification purposes. After such verification, they will be assigned a username and a password allowing them to access their Account.

3.2

Account Holders must ensure that their username and password must be kept confidential at all times. Account Holders must ensure that they do not disclose or share their username and password with a third party, even if such third party claims to be an employee or agent or representative of SBMA.

3.3

Account Holders must notify SBMA immediately of any actual or possible unauthorised use of the Account.

4. INTELLECTUAL PROPERTY RIGHTS

4.1

All content or other materials available on the Website, including but not limited to Services, SBMA materials, code, images, illustrations, designs, layout, arrangements, displays, icons, audio and video files (collectively, “Website Content”) are and shall remain the property of SBMA and are protected by copyright. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, further disclose or forward to a third-party in any manner whatsoever or otherwise transfer content from the Website, nor may you modify or create derivative works of such content.

4.2

The logos, names and graphics on the Website may be trademarks of SBMA or any of its affiliates or partners. Use, reproduction, copying or redistribution of SBMA trademarks, without the prior written permission of SBMA or any of its affiliates or partners, is prohibited.

5. DISCLAIMER OF WARRANTIES

5.1

The Website Content are provided on an “as-is”, “as-available” basis. No warranty of any kind (whether implied, express or statutory), including warranties of non-infringement of third party rights and title, satisfactory quality merchantability, fitness for a particular purpose, or freedom from any form of malicious software, is given by SBMA.

5.2

As the Website Content are provided on an “as-is”, “as-available” basis, SBMA does not warrant the accuracy, reliability, currency, or adequacy of any content (whether from SBMA or any third party); and SBMA expressly disclaims liability for errors or omissions in the content on the website or Services.

6. REPRESENTATIONS AND WARRANTIES

6.1

You represent, warrant and covenant to SBMA that:

  6.1.1

you have the capacity, power and authority to agree to the Terms;

  6.1.2

the obligations expressed to be assumed by you under these Terms constitute legal, valid and binding and enforceable obligations;

  6.1.3

any information contained in any documentation or provided to SBMA is true, current and accurate in all material respects as at the date it was provided or as at the date (if any) at which it is stated;

  6.1.4

you enter into these Terms as principal; and

  6.1.5

the choice of the law of Singapore as the governing law of these Terms and any judgment obtained in relation to these Terms would be recognised and enforceable against you.

7. HYPERLINKS AND THIRD PARTY SITES

7.1

The Website may include hyperlinks to sites maintained or controlled by third parties. These links are included on the Website for your convenience only, and you access them at your own risk. SBMA is not responsible, and does not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered by these sites.

8. PROHIBITED CONDUCT

8.1

You agree that you will not:

  8.1.1

use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion or the Website, or Website Content;

  8.1.2

use or attempt to use any engine, software, tool, agent, or other device or mechanism to navigate or search the Website, other than the search engines and search agents available through the Services and other than generally available web browsers;

  8.1.3

post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working or the Website or the Services; or

  6.1.4

attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprised in, or in any way making up a part of the Website or the Services.

8.2

You agree not to use any Website Content for any illegal or illegitimate purposes, to facilitate the violation of any law or regulation, or in any manner inconsistent with the Terms or any law or regulation. You agree to use the Website Content for your own non-commercial use and benefit.

9. INDEMNITY

9.1

To the extent allowed by law, you agree to indemnify SBMA against all liabilities, obligations, actions, suits, claims, demands, losses, and damages which SBMA may incur or suffer, and all costs, charges and expenses reasonably incurred by SBMA arising out of your use of the Website or Services, or any violation or alleged violation of these Terms.

10. LIMITATION OR EXCLUSION OF LIABILITY

10.1

You agree that SBMA will not be liable to you for any loss, expense, or damages, whether direct, indirect, actual, punitive or consequential, arising out of or in relation to these Terms, or to you or any third party use, misuse or inability to use the Website or Website Content, or to your reliance upon information obtained from or through the Services, or with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or system failure, even if SBMA has been notified of the possibility of such damages.

10.2

To the extent that that the applicable law prohibits the exclusion of liability in clause 9.1, the total liability to you for all damages, losses and causes of action (whether in contract, tort, including but not limited to negligence or otherwise) shall not exceed S$1000.

11. AMENDMENTS

11.1

SBMA may at any time give you notice of any amendment, variation, revision, supplement or any other change to these Terms by notice on the Website or such other means as SBMA shall think fit.

11.2

Changes shall take place on and from the date specified in the notice or if no such date is specified, on and from the date of such notice. Without prejudice to the foregoing, the continued usage of the Website or Services after such amendments shall be deemed as your acceptance and agreement to the same.

12. COMMUNICATIONS AND INQUIRIES

12.1

If you have any queries regarding the Services provided on SBMA’s website or how to become an SBMA member, you may contact SBMA at [email protected].

13. SEVERABILITY

13.1

If any clause in these Terms shall be deemed invalid, unlawful or unenforceable in any respect under any applicable law, the validity, legality and enforceability of the remaining clauses of these Terms shall not in any way be affected or impaired.

14. GOVERNING LAW AND JURISDICTION

14.1

These Terms are governed by, and shall be construed in accordance with, Singapore law.

14.2

The courts of Singapore have exclusive jurisdiction to settle any dispute arising out of, or in connection with these Terms (including any dispute regarding the existence or validity of these Terms) (“Dispute”).

14.3

You agree that the courts of Singapore are the most appropriate and convenient courts to settle Disputes accordingly and you will not argue to the contrary.

14.4

You accept that clause 14.2 is for the benefit of SBMA only. As a result, SBMA shall not be prevented from taking proceedings relating to any Dispute in any other courts with jurisdiction. To the extent allowed by law, SBMA may take concurrent proceedings in any number of jurisdictions.

15. NO WAIVER OF RIGHTS

15.1

A failure or delay in exercising any right, power or privilege in respect of these Terms will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise of that right, power or privilege or exercise of any other right, power or privilege.