This website (the “Site”) and application (the “App”) and any logos, designs, artworks, labels, symbols and any other details including but not limited to those mentioned above are the sole property of TRADDICTIV PTE. LTD. a company registered in Singapore, bearing UEN number 201818590H, and having its registered address at 23 New Industrial Road #04-08 | Solstice Business Center | Singapore 536209, Singapore (the “Company”).

Your use of the Site and the App (collectively the “Platforms”), and of any information, content or services provided through the Platforms is entirely at your own risk.  You understand that the Company does not guarantee or warrant the truth, accuracy, adequacy, completeness or reasonableness of the information and content on the Platforms and that the same is being provided for your use at your control.

By clicking “I accept/agree” or by downloading the App, installing the Product (as defined below), or otherwise using the Platforms, you agree that you have read and understood and as a condition to your use of the Platforms, you agree to be bound by the following terms and conditions, including the Company’s Privacy Policy and any additional terms and policies that the Company may provide from time to time (“Terms”).

Your use of the service, and the Company’s provision of the Platforms to you, constitutes an agreement by the Company and by you to be bound by these Terms.

 

1. DEFINITIONS

Applicable Law” refers to the laws, rules and regulations currently in force in Singapore that are relevant to, and affecting, the provisions of this Agreement and to the Parties’ obligations hereunder.

Business Day” refers to working days in Singapore and essentially refers to days on which banks in Singapore are operational or open for business.

Product” refers to apps, computer programs or other services that use technology that assist hedgers, professional traders or investors to analyse and assess certain market conditions in order to simplify the process of planning a trade or investment.

User” or “You” refers to you, i.e. any individual or legal entity who seeks to use the product provided on the Platforms.

2. INTERPRETATION

(i) Any references to Clauses in these Terms refer to clauses defined within the scope of these Terms.

(ii) Words that impart the singular shall include the plural and vice versa. Words that impart a gender shall include every gender and references to persons shall include an individual, a company, a corporation, a partnership or a firm.

(iii) References to “includes” or “including” or similar words or expressions shall mean “without limitation”, i.e. including but not limited to.

3. ELIGIBILITY

3.1. To be able to use the Platforms, You must be over 18 years of age. In case You are under 18, but would like to use the Platforms, You can only do so with the involvement of a parent or a guardian.

4. PROHIBITIONS

4.1. You must not misuse the Platforms and Product. By misuse, it means that You shall not commit, partake or encourage any sort of criminal offence by law, transmit or distribute any malware or virus including but not limited to the Trojan horse, worm, logic bomb or post any other material onto the Site or the Mobile App which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene.

4.2. You must not hack into any aspect of the Platforms, corrupt data, cause annoyance to other users, infringe upon any other person’s proprietary rights, send unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any computer facilities of or accessed throughout the Platforms. Any breach of this provision would constitute a criminal offence under Applicable Law. In the event of such a breach occurring, the Company reserves the right to report the breach to the relevant law enforcement authorities and ensure appropriate legal action is taken.

4.3. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any of the Company’s content available on the Platforms or through a service except under specific circumstances expressly permitted by law or in writing.

4.4. The content on the Platforms are the copyrighted works of either the Company or its content/ software providers, and the Company reserves and retains all rights in the content.  Use of the Company content available on the Platforms may be governed by the Terms of an accompanying end user license agreement.

5. COMPANY DISCLAIMERS

5.1. All Content contained on the Platforms are provided for informational purposes only. You further acknowledge that nothing contained on the Platforms or made available through the Platforms constitutes investment, legal, tax or other advice, nor is it to be relied upon in making any investment or other decisions. You should seek professional advice prior to making any investment decisions.

5.2. The Company, to the fullest extent permissible by law, disclaims all liability for any errors in, or omissions from, information or content posted on the Platforms. No warranty of any kind, whether implied or express, or statutory (including but not limited to, warranties of satisfactory quality, merchantability, title, fitness for a particular purpose, compatibility, non-infringement of third party intellectual property rights, security or accuracy) is given in connection with the information and content of the Platforms.

5.3. You acknowledge and agree that the Company does not guarantee, uninterrupted and error free usage of the Platforms at all times. Further, the Company does not guarantee that all defects on the Platforms will be cured or that the Platforms are free from any computer virus or malicious code.

5.4. The Company reserves the right to change, modify, suspend or discontinue the whole or any portion of the Product or the Platforms at any time. The Company may also impose limits on certain features or restrict your access to parts of or the entire Platforms without notice or liability.

5.5. You agree that the Company has the right, in its sole discretion, and without providing any Notice, to either restrict, suspend or terminate your account and/or restrict your access to any part of the Platforms without assigning any reason.

5.6. The Company may provide links to other websites and applications that are owned or operated by third parties (“Linked Sites”) that may be of relevance and interest to users. You agree that the Company has no control over the content of those Linked Sites, and is not responsible for any form of damage or loss that You may incur from viewing or browsing or using the Linked Sites or from the content on those Linked Sites.  These include any damages You may incur through virus, malware, worms, errors or damaging material that may be present or embedded into such Linked Sites. Any Linked Sites featured on the Platforms does not constitute the Company’s endorsement, recommendation or verification of the Linked Sites’ content.

5.7. Under no circumstances shall it be construed that, in case of your access to and use of systems (including messaging systems), services, content, materials, products, applications or programmes of any third party (“Third Party Systems”), the Company is a party to any transaction, if any, between You and such third party or that  the Company endorses, sponsors, certifies, or is involved in the provision of such Third-Party Systems accessible through the Platforms. Company shall not be liable in any way for your access to and use of the systems or for any products obtained and/or purchased from or services rendered by any such third party, and You agree that the same shall be your responsibility or that of the relevant third party.

5.8. You acknowledge and agree that You will be solely responsible for any access to or use of Third Party Systems through the Platforms. If You access or use any Third-Party Systems through the Platforms, You must comply with the relevant Terms for the access or the use of such Third Party Systems and be responsible for the registration and use of any user names or passwords required to connect to any Third Party Systems. In particular, should access to and use of Third Party Systems through the Platforms be prohibited (whether in full or in part) by such third-party Terms, please discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third party.

6. LIMITATION OF LIABILITY

6.1. The Company, will not, in any circumstances, be liable for any loss or damages whatsoever, including any direct, indirect, special, incidental or consequential damages, loss of profits or lost opportunity, arising out of (i) your use of the Platforms; or (ii) your reliance on any information or content or services provided on the Platforms; or (iii) any errors in, or omissions from, the Platforms’ information and content; or (iv) your reliance on any results obtained after entering the calibrations on the Platforms.

6.2. You understand and agree that the Company is simply presenting information on the Platforms for You to use as You see fit. You also understand that the results that You see depend on the calibrations entered and that You are solely responsible for the calibrations inputted.  You agree that the results shown are as a direct consequence of the calibrations entered by You and that the Company bears no responsibility for the results produced, or shown as a result of the calibrations You have chosen to enter.

7. TERMS OF USE – REGISTRATION

7.1. By using the Platforms as a person utilizing the Product, You agree to provide the Company with certain personal data, billing data and payment data (“Registration Details”). You understand and agree that the Company will first verify and confirm these details prior to allowing You to register on and use the Platforms.

7.2. By using the Platforms, You represent and warrant that You will not use the Platforms in a way that violates any laws or regulations.

7.3. You understand that the application provided on the Platform is for your understanding and use as You see fit based on details entered by You.

7.4. You understand that the results that are displayed are directly related to the calibrations that You have entered without any input or guidance or suggestions from the Company and that You bear the sole responsibility for the results displayed.

7.5. You represent and warrant that all information You provide when establishing your account, and when You access and use the Product, is and will remain up-to-date, complete and accurate.

7.6. You agree and warrant that You will not disclose (willfully, negligently or otherwise) credentials of your password to any third party or otherwise allow any third party to use your password or your access to your account. If You have reason to believe that a third party has gained access to your account, You must immediately notify the Company. The Company is not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence.

7.7. The Company may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log in to your account so that it remains active.

8. Fees for Products

8.1. Fees for Products: You agree to pay to the Company any fees for each Product you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Product. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify the Company of any changes to such information. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.

8.2. Subscriptions: Some of our Products are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly, depending on what subscription plan you select when purchasing a Subscription. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees for the next subscription period. The Subscription will continue unless and until you cancel your Subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).

8.3. Taxes: Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date.

8.4. Price Changes: The Company may change the fees charged for the Products at any time, provided that, for Products billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. The Company will provide you with advance notice of any change in fees.

8.5. Late Fees: Unless otherwise stated, any late fees incurred by you will be billed in arrears. Late fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay late fees when due may result in the applicable Product being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Product.

9. SUSPENSION AND TERMINATION OF SERVICES

9.1. By You: You can terminate your Subscription at any time through your account management page or by simply sending a termination request via e-mail to reach@traddictiv.com. Such termination will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Products. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. For clarity, we will not grant a refund where you have used our Products, collected responses, and/or downloaded your responses unless the termination is due to our material, uncured breach or a refund is required by law.

9.2. By the Company: The Company may terminate your Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to you. The Company may terminate your Subscription for any reason by providing at least 90 days’ written notice to you and will provide a pro rata refund for any period of time you did not use in that billing cycle. The Company may suspend performance or terminate your Subscription for any of the following reasons: (a) you have materially breached these Terms and failed to cure that breach within 30 days after the Company has so notified you in writing; (b) you cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) you fail to pay fees for 30 days past the due date. Additionally, the Company may limit, suspend, or terminate the Products to you: (i) if you fail to comply with these Terms, (ii) if you use the Products in a way that causes legal liability to us or disrupts others’ use of the Products; or (iii) if we are investigating suspected misconduct by you. Also, if we limit, suspend, or terminate the Products you receive, we will endeavour to give you advance notice and an opportunity to export a copy of your content from that Products. However, there may be time sensitive situations where the Company may decide that we need to take immediate action without notice. The Company will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. The Company has no obligation to retain your content upon termination of the applicable Product.

9.3. Further Measures: If the Company stops providing the Services to you because you repeatedly or wilfully breach these Terms, the Company may take measures to prevent the further use of the Products by you, including blocking your IP address.

10. CHANGES AND UPDATES

10.1. Changes to Terms: The Company may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Products, and to account for new Products or functionality. The most current version will always be posted on the Company website. If an amendment is material, as determined in The Company’s sole discretion, The Company will notify you by email. Notice of amendments may also be posted to The Company’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require The Company to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Product, you should stop using that Product, because by continuing to use the Products you indicate your agreement to be bound by the updated terms.

10.2. Changes to Products: The Company constantly changes and improves the Products. The Company may add, alter, or remove functionality from a Product at any time without prior notice. The Company may also limit, suspend, or discontinue a Product at its discretion. If The Company discontinues a Product, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Product. The Company may remove content from the Products at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

10.3. Downgrades: Downgrading your account plan may cause the loss of content, features, functionality, or capacity of your account.

11. PROTECTION OF PERSONAL DATA AND INFORMATION

11.1. In strict accordance with the provisions of the Personal Data Protection Act, 2012 (the “PDPA”) and all other applicable laws, personal data and information (“Personal Information”) collected by the Company via the Platforms will be used solely in connection with the Company’s business. The Company is committed to protecting personal information collected by it and will not share such information with any third party or for any business or marketing purposes to the extent required by any law or regulation.

11.2. For a complete understanding on how your Personal  Information is being protected, please refer to the Company’s Privacy Policy available at www.traddictiv.com/private-policy. The Company’s Privacy Policy sets out the basis on which any Personal Information the Company collects from You, or that You provide with it, will be processed by us. It also contains important information about your rights in relation to your Personal Information and how to exercise them. Please read it carefully to understand the Company’s practices regarding Personal Information and how it will treat it.

12. AGREEING TO THE TERMS AND VARIATION

12.1. By using the Platforms You agree to these Terms of Use. If You sign up on the Platforms on behalf of a company or other entity, You represent and warrant that You have the authority to accept these Terms of Use.

12.2. The Company reserves the right to amend these Terms at any time.  All amendments to these Terms will be posted on the Platforms. Your continued use of the Platforms will be deemed to constitute acceptance of the new Terms. If You do not agree to use the amended Platforms, You have the right to cease using the services.

13. SEVERABILITY

13.1. In the event that any of these provisions are found to be or become unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from this Terms of Use and shall not affect the legality, validity and enforceability of the remaining provisions of this Terms of Use. The Terms of Use shall continue in force as if such unlawful, invalid or unenforceable provision was severed from this Terms of Use. This paragraph shall apply only within jurisdictions where a particular term is illegal.

14. WAIVER

14.1. No failure or delay by the Company or You in exercising any right under these Terms shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish the Company’s or your rights under these Terms. It shall not constitute a bar to the exercise of enforcement at any subsequent time or times. Waiver of any right arising from a reach of non-performance of this Terms of Use or arising upon default under this Terms of Use shall be in writing and signing by the party granting the waiver.

15. NO SOLICITATION OR RECOMMENDATION

15.1. The information contained on the Platforms and Product have been prepared for informational purposes only without regard to any particular user’s investment objectives, financial situation, or means, and the Company is not soliciting any action based upon it. The information contained in or provided through the Platforms is not to be construed as a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal; or as an offer of services or participation. Certain transactions, including (but not limited to) those involving futures, options, and high-yield securities, with or without the use of leverage, give rise to substantial risk and are not suitable for all investors. Although such information may be considered by the Company to be reliable, the Company has not verified this information and does not represent that any such information is accurate, current, or complete. No reliance may be placed for any purpose on the information provided in this presentation or the accuracy or completeness thereof and no responsibility can be accepted by Company to anyone for any action taken on the basis of such information.

15.2. The fact that the Company has made the Platforms and its content available to You is neither a recommendation that You enter into a particular transaction nor a representation that any product described on the Platforms and Product is suitable or appropriate for You. The transactions and investments described in the Platforms and Product involve significant risks, and You should not enter into any transactions unless You have fully understood all such risks and have independently determined that such transactions and investments are appropriate for You. Any discussion of the risks contained herein with respect to any transaction or investment should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned. You should neither construe any of the information contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax or accounting advice nor make the Company Sites or the information contained therein the primary basis for any investment decisions made by or on behalf of You, your accountants, or your managed or fiduciary accounts, and You may want to consult your business advisor, attorney, and tax and accounting advisors concerning any contemplated transactions and investments.

15.3. The Platforms are not directed at or intended for distribution to any person (or entity) who is a citizen or resident of (or located or established in) any jurisdiction where the use of the Platforms and Product would be contrary to Applicable Law or regulation or would subject Company to any registration or licensing requirement in such jurisdiction. Persons who wish to access the Platforms are required by the Company to inform themselves about and to observe any legal or regulatory restrictions which may affect their eligibility to access the Platforms and use the Company’s services. Professional advice should be sought from a financial or other professional adviser regarding the suitability of any transactions and/or investments.

16. THIRD PARTY RIGHTS

16.1. No person, who is not a party to these Terms shall acquire any rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or similar legislation in any jurisdiction to enforce or be entitled to benefit from any term of this Terms of Use even if that person has relied on any such term or has indicated to any party to these Terms its assent to any such term. For the avoidance of doubt, nothing in this provision shall affect the rights of any permitted assignee or transferee of this Terms of Use.

17. GOVERNING LAW

17.1. These Terms and all obligations arising from or connected therein, shall be governed and construed in accordance with the laws of Singapore.  Both You, and the Company, agree hereby to submit to the non-exclusive jurisdiction of Singapore courts in relation to any disagreements or disputes arising out of these Terms and any transactions between the parties governed by the terms herein. All dealings, correspondence and contacts between us shall be in English.

18. NOTICE

18.1. If You have any questions about these Terms of Use, You may contact the Company at privacy@traddictiv.com.

19. ASSIGNMENT

You may not assign or transfer these Terms, by operation of law or otherwise, without the Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. The Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.