terms-of-use-and-privacy-policy

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or using this website and other web pages owned or operated by us or accessing or using our online services (our ‘Website’), you confirm that you accept these terms and conditions of use (these ‘Terms of Use’), as they may be amended from time to time, and that you agree to comply with them.

If you do not agree to any part of these Terms of Use, you must not access or use our Website.

In these Terms of Use, references to the term ‘we’ or ‘us’ refers to CELLOS SOFTWARE LTD and its affiliates (where applicable), and the term ‘our’ has a correlative meaning. References to the term ‘you’ refers to the viewer or user of our Website, and the term ‘your’ has a correlative meaning.

 

1. Proprietary rights

  • The information and materials located or hosted on, or linked to, our Website (collectively, the Materials) are protected by copyright, trademark and other forms of proprietary rights. Such Materials include,but are not limited to, any price information, 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 or other information or content made available on or through our Website. 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.
  • Unless otherwise stated, the rights, titles and interests to the Materials are owned by, licensed to or controlled by us.
  • All other trademarks, trade names, service marks, product names and logos contained in our Website 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 trademark infringement.

 

2. Restrictions on use of Materials

  • 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, licence, rent, lease or otherwise transfer any of the Materials to any other person (whether for direct commercial purpose or monetary gain or otherwise) or otherwise use or deal with the Materials whether in whole or in part in any manner.
  • You may, however, download or print one copy of the Materials, solely for your own personal and non-commercial use, provided that such copy is in the form as presented on our Website and includes all accompanying copyright and other proprietary notices.
  • Except with our prior written permission, you may not create a derivative work from the Materials, nor decompile, reverse-engineer or disassemble the Materials.
  • Any rights relating to the Materials and our Website not expressly granted herein are reserved and no licence or right is granted to you by implication, estoppel or otherwise.

 

3. Use of our Website

  • You agree to use the Materials and our Website in accordance with these Terms of Use and for lawful and proper purposes.
  • You agree not to:
    • use the Materials or our Website in any manner which breaches any applicable law or regulation or causes or which may cause an infringement of any third party rights;
    • post, transmit or disseminate any information on or via our Website which may be harmful, obscene, defamatory or illegal or which may create liability on our part;
    • interfere or attempt to interfere with the operation or functionality of our Website; and
    • obtain or attempt to obtain unauthorised access, via whatever means, to any of our systems.

 

4. Linking and framing of our Website

  • Except with our prior written permission:
    • you may not link (including, but not limited to, hyperlink, in-line link or deep-link) (collectively referred to as “Link”), mirror or frame our Website or any part thereof to any other web page, website, server or otherwise; and
    • no trademark, trade name, service mark, product name or logo may be used as a Link or to mark any Link to our Website or any part thereof or any other web page or website.
  • Notwithstanding anything to the contrary in these Terms of Use, we reserve all rights to terminate any Link from any website to our Website for any reason. Upon our instructions, you must immediately disable, remove and terminate any Link from any web page or website, or any mirroring or framing of our Website or any part thereof.
  • We have no responsibility for the content available on any website which Links, mirrors or frames our Website or any part thereof. In no event shall we be considered to be associated or affiliated in whatever manner with any trademarks, trade names, service marks, logos, insignia or other devices used or appearing on any website that Links, mirrors or frames our Website or any part thereof.

 

5. Links to other websites

  • Any links provided on our Website are provided for your convenience only. Should you leave our Website via such a link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website and/or the contents at those web pages or websites.
  • We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, 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.
  • Any such link to other web pages or websites on our Website does not constitute:
    • an endorsement, authorisation, verification or representation that we are affiliated with the operators or owners of those linked web pages or websites; or
    • an endorsement, authorisation, verification, or representation of or as to the contents of such linked web pages or websites.
  • You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.

 

6. Third party advertising

We may allow third party advertisers to place advertisements on our Website or any part thereof. Such advertisements will be clearly identified as originating from third parties. We do not endorse, and will not be responsible for, the contents of such advertisements or for your access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements. Clause 5 of these Terms of Use shall apply in respect of any link contained in any such advertisement.

 

7. Identification key and password

  • Certain web pages and/or sections of our Website may only be used or accessed through an identification key and password.
  • The 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 giving you a reason. We recommend that you change your passwords often, use a combination of letters and numbers, and ensure that you use a secure browser.
  • You will be solely responsible for keeping your identification key and password confidential, secret and secure. You must not disclose it, or allow it to be disclosed, to any other person.
  • 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 Website. 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 Website with your identification key and/or password.

 

8. Disclaimers and limitation of liability

  • 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 disclaim all liability and responsibility to update the Materials. We do not make any representations, and disclaim all warranties, express or implied, statutory or otherwise, to the extent permitted by law, in respect of our Website 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.
  • 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 Website (collectively, Defects). We do not guarantee, represent or warrant that access and use of our Website will be uninterrupted. We assume no responsibility for consequences of any such Defects even if we had been advised of the possibility of such consequences.
  • We do not guarantee, represent or warrant that our Website is free of malicious software, including, but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful components (collectively, Malicious Software). We will not be liable for any loss or damage that may result from any transmission of such Malicious Software via our Website (including, but not limited to, files downloaded from our Website).
  • You should not take any action, or omit to take any action, in reliance on the Materials or our Website without independent verification or advice.
  • We will not be liable for any direct, indirect, consequential, incidental, special or punitive loss or damage, including, but not limited to, loss of data, loss of profits, loss of business, business interruption, or loss of business opportunity, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with:
    • anything done or omitted to be done in relation to the Materials;
    • the use of or reliance on the Materials; or
    • the use of, or inability to use, our Website.
  • You agree to hold harmless and indemnify us and our affiliates, directors, officers, employees and agents (each, an Indemnified Party), against all loss or damage (including any liability or expenses arising from claims, losses, damages, suits, judgments, litigation costs and attorneys fees) suffered or incurred by the Indemnified Party arising out of or in connection with:
    • your access or use of our Website;
    • any other party’s access of our Website using your identification key or password;
    • your breach of any of these Terms of Use; or
    • any other party’s breach of any of these Terms of Use, where such party was able to access our Website by using your identification key or password.

 

9. Not investment recommendation or advice

  • Our Website and the Materials provide only general information. We do not provide, and the provision of such information must not be construed as us providing, financial advice or recommendation for any investment product.
  • The availability of the Materials on, or the grant of access or use of, our Website should not be taken in any way as an inducement to trade or a solicitation for orders or entry into any legal relations, nor taken as intended in any way to prompt any action or decision on your part whether to undertake or consider undertaking any investment decision or otherwise.
  • The Materials are and should be taken as prepared for general circulation and should not be taken as prepared with regard to the specific investment objectives, financial situation or particular needs of any particular person (including you) who may receive or have access to the same. Any recommendation or advice that may be expressed in or inferred from the Materials available through our Website therefore does not take into account, and should not be taken as taking into account, and may not be suitable for, your investment objectives, financial situation and particular needs, and bearing in mind the possibility of market volatility and changes, may not even comprise current information, content, recommendation or advice.
  • The Materials available through our Website should therefore not be relied upon in relation to any investment decision, trading activity or order placed by you and you shall, at all times, rely on your own independent assessment and judgment in respect of any investment decision or proposed transaction and seek independent advice as necessary from your own financial, legal, tax or other professional advisers, including, but not limited to, advice from a financial adviser as to the suitability of the investment products (as may be referred to in the Materials available through our Website), taking into account your specific investment objectives, financial situation and particular needs, before making any commitment to acquire, trade or deal in any such investment products.

 

10. Suggestions, comments and feedback

  • Any communications you send to our Website or otherwise to us by electronic mail are on a non-confidential basis, and we may reproduce, publish or otherwise use them in any way for any purpose. We may use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including, but not limited to, developing, manufacturing and/or marketing of goods and/or services. Further, we may use any ideas, concepts, techniques or know-how contained in such information for any purpose whatsoever, including, but not limited to, developing and marketing services incorporating such information.
  • If you respond to any document published by us with information including feedback data, such as questions, comments, suggestions or the like, regarding the content of any such document, such information will be deemed to be non-confidential and we will have no obligation whatsoever with respect to such information and may reproduce, use, disclose and distribute the information to others without limitation.

 

11. Privacy policy

  • We may collect certain personal information including, but not limited to:
    • identification data (for example, your name, electronic mail address, mailing address, contact number, birth date, age, occupation, educational level, income level, gender, and industry of work);
    • information about your usage of and interaction with our Website (for example, computer and connection information, device capability, bandwidth, statistics on page views, frequency of use, and traffic to and from our Website);
    • electronic identification data (for example, Internet protocol address and cookies); and
    • your user profile (for example, identification key and password),(collectively, Personal Information) via our Website.
      The provision of such Personal Information by you is not mandatory, but may be required in order to use or access certain web pages and/or sections of our Website or our services, or to purchase our products or services (where applicable).
  • We are committed to protecting your privacy. We do not disclose specific information about our users to any third parties unless required by law or any government agencies, to comply with legal process, where necessary to enforce these Terms of Use, to respond to claims from third parties, to protect the safety, interests, rights or property of us or others or as permitted under these Terms of Use.
  • You agree that we may disclose your Personal Information to third parties under any of the following circumstances:
    • if we have your consent to disclose your Personal Information;
    • if we disclose your Personal Information in accordance with these Terms of Use;
    • if we need to disclose your Personal Information to provide the services that you have requested; or
    • if we need to disclose your Personal Information to third parties who, on behalf of us, provide services to you. In such a case, we will only provide such third parties the relevant information required for the provision of the relevant services, and the third parties are prohibited from using such Personal Information for any other purpose.
  • We may sell or buy subsidiaries or business units. In such transactions, as well as in the event that all or substantially all of our assets are acquired by a third party, your Personal Information will generally be one of the transferred business assets. We reserve the right to include your Personal Information, collected as an asset, in any such transfer to a third party.
  • In the event that you participate in promotional programmes on our Website sponsored or organised by third parties, or purchase goods and services offered by third parties, or offer goods and services to third parties on our Website, your information may be disclosed to and used by such third parties. From time to time, we receive Personal Information from business partners and third parties. We only use such information if it has been collected in accordance with acceptable privacy practices consistent with these Terms of Use and applicable law or regulation. We are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with these Terms of Use.
  • Certain web pages and/or sections of our Website may use ‘cookies’, which are small data files sent to your computer, to store and track information about you when you access such web pages and/or sections of our Website. The cookies track information such as users profiles, the number of users, their frequency of use and their preferred websites. The majority of web browsers will allow you to configure the settings used for cookies. If you disable the use of cookies on your web browser, or remove or block specific cookies from our Website, then you may not be able to gain access to all of the Materials, facilities and services provided on our Website.
  • Information that we collect may be stored or processed in any country and may be transferred between countries. Some of these countries may have data protection laws that are less stringent that those in the country in which you are using or accessing our Website. You acknowledge and agree to such storage, processing and transfer.
  • You also acknowledge and agree that information that we collect may be stored or processed in, or transferred to, servers of our service providers.
  • While we will take reasonable care in preventing the loss, misuse or alteration of your Personal Information, you acknowledge that data transmission over the Internet is insecure and we cannot guarantee the security of the data transmitted over the Internet.
  • We allow certain third party companies to collect certain anonymous information when you visit our Website. These companies may use non-personally identifiable information during your visits to our Website and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information.
  • We may use a web analytics service provider (Web Analytics Provider) to measure and analyse the Internet usage across our Website. Aggregate, non-personal information is collated by the Web Analytics Provider and provided to us to assist in analysing the usage of our Website. The Web Analytics Provider data is also accessible by media organisations and research companies, for the purpose of conducting industry comparisons with other Internet portals. By accessing or using our Website, you consent to the processing by the Web Analytics Provider of data relating to you in the manner and for the purposes mentioned above.

 

12. Violation of these Terms of Use

  • We reserve the right, in our absolute discretion, to monitor any and all access and use of our Website. We reserve the right to terminate your access and/or use of our Website or any part thereof and we may block access from a particular Internet protocol address to our Website or any part thereof in the event of any violation of these Terms of Use.
  • In addition, we reserve the right to seek all remedies available under these Terms of Use, at law and in equity for violations of these Terms of Use.

 

13. Changes to these Terms of Use

  • We may, from time to time and at any time, update or revise these Terms of Use. Such update or revision is effective upon publication on our Website. You are responsible for ensuring that you have read the most current version of these Terms of Use. Your continued access and/or use of our Website will be deemed to constitute your conclusive acceptance of the updated or revised Terms of Use.
  • The Materials are subject to change including, but not limited to, modification, deletion or replacement thereof without notice.

 

14. Severability

If any provision of these Terms of Use, in whole or in part, is held to be illegal, invalid or unenforceable under any applicable law or regulation or by any court in any jurisdiction:

    • such provision or part thereof will, to that extent, be deemed not to form part of these Terms of Use, but the legality, validity and enforceability of the remainder of these Terms of Use is not affected; and
    • the legality, validity and enforceability of that or any other provision or part thereof under any other jurisdiction will not be affected.

 

15. Governing law and jurisdiction

These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore, and the courts of the Republic of Singapore will have non-exclusive jurisdiction in case of any dispute.

16. Governing language

The Materials, our Website and these Terms of Use may also be available and reproduced in other languages. In the event of any discrepancy between the English and other language versions of the Materials, our Website and these Terms of Use, the English version will prevail.

 

17. Contact details

To contact us, please click here.