Please read the following Terms of Use (the “Terms”) carefully. By accessing, using or downloading any information/data from Orient Futures International (Singapore) Pte. Ltd.’s (“OFIS”) platform known as “OFIS Website” (available at www.orientfutures.com.sg) (the “Platform”), or otherwise indicating your agreement, you are consenting to these Terms, including the associated schedules and policies referred to herein.
Whereas
Orient Futures International (Singapore) Pte. Ltd. (UEN 201831776Z) holds a capital markets services licence (CMS100869) from the Monetary Authority of Singapore for dealing in capital market products such as futures/derivatives contracts, spot foreign exchange contracts for the purposes of leveraged foreign exchange trading and is an Exempt Financial Adviser.
RESTRICTIONS ON USE AND DISTRIBUTION
You hereby agree that any content, materials, information, data, statistics features, research documents or reports made available on the Platform (whether available online or downloaded by you and storage in any locations offline) (the “Content”) is solely for your personal use only and that you will not send, distribute or make available the Content to any third-party individuals or corporate entities for any purpose whatsoever.
Notwithstanding the generality of the foregoing, any Content herein is not directed to, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any locality, state, country or other jurisdiction where such distribution, publication, availability or use would be contrary to law or regulation.
You acknowledge and agree that, as a condition of your access and use of the Platform, you will not use the Content or the Platform for any purpose that is unlawful or prohibited by these Terms. You may not use the Platform in any manner that could damage, disable, overburden or impair any OFIS server, or the networks connected to any OFIS server. You may not attempt to gain unauthorised access to the Platform, or any services provided via our Platform, other accounts, computer systems or networks connected to OFIS’ servers or to any of the services provided via our Platform, through hacking, password mining or any other means. You may not obtain, or attempt to obtain, any Content or other information through any means not intentionally made available on or through the Platform.
OFIS reserves the right, in our absolute discretion, to monitor any and all access and use of the Platform. We reserve our right to terminate your access and/or use of our Platform and/or any part thereof and we may block access from a particular internet protocol address to our Platform or any part thereof in the event of any violation of these Terms. In addition, we reserve the right to seek all remedies available under these Terms, at law and in equity for violations of these Terms. 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.
PRIVACY POLICY
You acknowledge that if you register an account with OFIS to use the Platform, OFIS would collect information from you in the form of internet cookies or through your usage of the Platform. If you contact OFIS for any form of support, OFIS may also retain your contact information and any information in your support request (if applicable) in order to confirm your identity and to address your query.
You represent and warrant that any information you provide in connection with the Platform is and will remain accurate and complete, and that you will maintain and update such information as needed.
You hereby agree that OFIS can collect, use and/or disclose any information you provide to OFIS (including your personal data) for any, or all of the following purposes:
- to set up your account for the Platform;
- to facilitate your access and use of the Platform and any Content contained therein;
- to verify your identity;
- to respond to, handle, and process queries, requests, applications, complaints, and feedback from you;
- to comply with any applicable laws, regulations, codes of practice, guidelines, or rules, or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
- for any other purposes for which you have provided the information or personal data; and
- any other incidental business purposes related to or in connection with the purposes set out in these Terms,
each a “Purpose” and collectively, the “Purposes”.
By accessing, using or downloading any Content from the Platform, you are hereby deemed to have provided your express consent for our collection, use and disclosure of any information or personal data from you in accordance with the purposes that we have set out in these Terms.
Notwithstanding the Purposes above, to the extent required to facilitate the use of your Platform, we may share your personal data with the entities below (which you are deemed to have consented to by providing your personal data to us):
- our affiliates – these entities process personal information as part of the Platform and for the purposes described in these Terms; third party service providers – these include website hosting, data analysis, payment processing, information technology and related infrastructure provision, customer service, email delivery, auditing, targeted advertising identification and delivery, mailing service, tax and accounting services, and other services in connection with the Platform generally;
- our third-party affiliates, service providers, agents and other organisations we have engaged to perform for us, any one or more of the Purposes or any functions incidental to any one or more of the Purposes;
- judicial authorities, law enforcement, regulators, courts, government authorities, auditors or professional advisors, and other parties where required for compliance with legal obligations – there may be circumstances where we are legally required to disclose personal data to these entities, whether it be to comply with applicable law and regulations, to cooperate with an inquiry or investigation, to respond to subpoenas, court orders, legal process, law enforcement requests, and legal claims, to enforce our terms and conditions, or to protect our rights, privacy, safety or property, and/or that of our affiliates, users or the public;
If you disclose any information or personal data relating to other individuals to us or to our service providers in connection with the Platform, you represent that you have the authority to do so and to permit us to use the information in accordance with these Terms.
Our data servers may either be located in Singapore or around the world. Our support team, affiliates, and third-party partners are based around the world, and may have access to your personal data from to time in order to facilitate your use of the Platform. The data privacy laws and regulations applicable in these other countries might be different from the laws of the jurisdiction in which you reside, and might permit courts, government, law enforcement agencies, regulatory agencies and security authorities to access your personal data without notice. By providing your personal data to OFIS, you consent to any use, disclosure or transfer of your personal data to facilities located in other countries and the processing and storage of the personal data at those facilities. In the case of transfers of personal data to countries other than Singapore, we rely on the relevant standard contractual clauses to facilitate that transfer or disclosure. Where other jurisdictions require that we enter into or use other lawful means to facilitate export, we implement appropriate safeguards to facilitate such transfer using lawful means. We will retain the personal data only for so long as it is required for the purpose for which it was collected (unless we are legally required to retain it, in which case it will be retained for the relevant mandatory legal retention period).
You acknowledge that OFIS is bound by the Personal Data Protection Act 2012 (“PDPA”) and you agree to do all acts as may be necessary and requested by OFIS to co-operate with OFIS in complying with the PDPA.
We may use “cookies” (where a small data file is sent to your browser) to store and track information about you when you access or use the Platform. The cookie is used to track information such as the number of users and their frequency of use, profiles of users and their preferred sites. While this cookie can tell us when you enter our sites and which pages you visit, it cannot read data off your hard disk. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the Platform.
To safeguard your personal data, OFIS will (and will as far as commercially practicable procure our affiliates or third-party service providers to) take all reasonable measures to protect your personal data from unauthorized or accidental access, processing or loss, by implementing appropriate physical, electronic and supervisory controls. You hereby acknowledge that no method of transmission over the Internet or method of electronic storage is completely secure. While security cannot be guaranteed, we strive to protect the security of your information and are constantly reviewing and enhancing our information security measures.
The privacy of your personal data is important to us. As such, OFIS has designated a Personal Data Protection Officer from within the Senior Management Team to look after your interest. Subject to contractual and legal restrictions, you may have the right to withdraw your consent to some or all collection, use and disclosure of your personal data as described in these Terms upon giving us reasonable notice in writing of such withdrawal by contacting the Data Protection Officer at pdpa@orientfutures.com.sg. We will try to comply with your request(s) as soon as reasonably practicable. Please note that, depending on the nature and extent of the withdrawal, you acknowledge that we may be unable to initiate or continue to provide access to the Platform to you, or administer any account(s) or relationship(s) in place upon the withdrawal of your consent. This may include the termination of any accounts, agreements and/or relationships that you may have with OFIS. All the legal rights and remedies of OFIS are expressly reserved in the event of termination and any subsequent event. The withdrawal of consent shall not affect the lawfulness of any collection, use or disclosure of personal information which is not subject to consent, or for which OFIS is otherwise legally permitted to retain.
You may have a right to request that OFIS dispose of your personal data under OFIS’ control, subject to contractual and legal restrictions. If you wish for OFIS to dispose of your personal data under OFIS’ control, please give OFIS reasonable notice in writing of such request by contacting its Data Protection Officer at pdpa@orientfutures.com.sg.
These Terms do not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Platform provides a link to. The inclusion of a link on the Platform does not imply endorsement of the linked site or service by OFIS or by its affiliates. You hereby agree that it is your responsibility to review the terms and conditions and privacy policies of those third-party websites to find out how they collect, use and disclose your personal data.
The Platform is not directed to individuals under the minimum age with capacity to consent to processing of personal data in each jurisdiction in which the Platform is made available, and we do not knowingly collect personal data from individuals under such age.
Notwithstanding the generality of the foregoing, you hereby agree that we may disclose any information or personal data collected from you to any third-party vendors (including any of our research data providers for purposes in respect of marketing and business development activities conducted by these vendors.
IMPORTANT DISCLOSURES
OFIS distributes information/research produced by its foreign affiliated company within the Orient Group of companies pursuant to an arrangement under Regulation 32C of the Financial Advisers Regulations. The information/research herein is prepared and distributed in Singapore and is intended for OFIS’ clients who are Accredited Investors, Expert Investors or Institutional Investors only. You should take into account your investment objectives and financial situation and seek advice from an independent financial advisor under a separate engagement if necessary.
If you choose to access the Platform from any location (whether within Singapore or otherwise) then you are doing so at your own risk. It is your sole responsibility to ascertain these Terms and comply with any local law or regulation to which you are subjected to.
No Content on the Platform shall be considered as a recommendation or solicitation for the purchase or sale of securities, futures, or other financial products. All information and data on the Platform are for reference only and no historical data shall be considered as the basis for predicting future trends.
All Content available on the Platform are general in nature and have been prepared without any consideration of your investment objectives, financial situations or needs. You should consider the appropriateness of any Content available on the Platform having regard to your personal circumstances before making any investment decisions.
You agree to access and accept all Content available on the Platform on an “as-is” and “as available” basis. You agree that OFIS shall not have any responsibility or liability arising out of or in connection with, and you agree to waive the right to bring any claims or raise any complaints against OFIS in respect of any Content available on the Platform.
OFIS shall also not be liable for any damage, loss or liability of any kind (whether actual, anticipated, consequential, special, economic or otherwise) caused as a result (direct or indirect) of the use of, or inability to access or use, the Platform, including but not limited to any damage, loss or liability suffered as a result of reliance on the Content or the Platform.
OFIS does not make any representations, and hereby disclaim all warranties, express or implied, statutory or otherwise to the extent permitted by law, in respect of the Platform. To the fullest extent permissible, OFIS does not warrant and hereby disclaims any warranty:
- as to the accuracy, correctness, completeness, reliability, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the Content;
- that the Content, or any functions of or available through the Platform, will be error-free or available without delay or interruption, or that defects will be corrected, or that this Platform and the server hosting this Platform are and will remain free of all viruses and/or other harmful elements.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF MATERIALS
The Content located or hosted on, or linked to, the Platform (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, graphics, illustrations, designs, software programmes, downloadable files, software applications, interactive features, tools, services, articles, videos or other information or content made available on or through the Platform.
Unless otherwise stated, the rights, titles and interests to the Materials are owned by, licensed to or controlled by us.
Materials from the Platform shall not be reproduced, republished, uploaded, posted, transmitted, or otherwise distributed in any way without the prior written consent of OFIS. Modification of any of the Materials or use of any of the Materials for any other purpose will be a violation of OFIS’ copyright and other intellectual property rights.
The downloading of any software, including any files, images and data accompanying the Platform (the “Software”) from the Platform by you does not in any way transfer title of the Software to you. You may not redistribute, sell, de-compile, reverse-engineer or disassemble or otherwise deal with the Software nor create derivative works from all or part of the Software, the Platform or any Materials thereon. Any unauthorized use of the System or the Materials thereon is strictly prohibited.
Any rights relating to the Materials and the Platform not expressly granted herein are reserved and no licence or right is granted to you by implication, estoppel or otherwise.
THIRD PARTY CONTENT
Third party content may appear on the Platform or may be accessible via links from the Platform. OFIS shall not be responsible and assumes no liability for any infringement, mistakes, misstatements of law, defamation, libel, slander, omissions, falsehood or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on the Platform.
OFIS shall not be responsible or liable for the availability or content of any other Internet site not owned or operated by us, that is linked to or from our Platform. Access to any other Internet site is at your own risk. If you create a link or frame to our Platform, you do so at your own risk. OFIS reserves the right to object or disable any link or frame to or from our Platform.
In addition, we may use third-party advertising companies to serve advertisements regarding goods and/or services that may potentially be of interest to you when you access and use the Platform and other websites or online services. You may receive these advertisements based on the information you provided us. These companies place specific cookies in your browser which collects information during your usage of the Platform.
CONTACT
For general matters arising from, or in connection with, the Platform and the Content available on the Platform, you may contact OFIS in Singapore at the following email: clientservices@orientfutures.com.sg.
For matters specifically relating to privacy and data protection, you may contact OFIS’ Data Protection Officer at pdpa@orientfutures.com.sg.
CHANGES TO THESE TERMS
We may revise these Terms from time to time by updating this document. The most updated version of these Terms will be made available for your review by any reasonable means, including by posting an updated version of these Terms under a link in the Platform or otherwise through the Platform (but no changes will apply to any dispute that previously arose between you and us).
You agree to review these Terms periodically for changes. Your use of the Platform after any changes to these Terms, or access to any Content in connection with the Platform, will constitute your acceptance of these Terms for the time being in force. We (and/or a third party, as applicable) may, at any time, modify or discontinue all or part of the Platform (including the Content provided by such third party), or charge, change or waive any fees required to use the Platform.
LANGUAGE
Except as otherwise prescribed by law, in the event of any discrepancy or inconsistency between the English version and local language version of these Terms, the English version shall prevail.
SEVERABILITY
If any provision of these Terms, 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:
- such provision or part will, to that extent, be deemed not to form part of these Terms, but the legality, validity and enforceability of the remainder of these Terms is not affected; and
- the legality, validity and enforceability of that or any other provision or part under any other jurisdiction will not be affected.
GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any dispute or claim relating to, arising out of, or in connection with the access and/or use of the Platform or any of the Content shall be exclusively heard by the Singapore Courts.