Terms of Service

Background

These terms define the relationship between you and Golden Equator. Please read all of the following terms and conditions of service (“TOS”) carefully before using this website. By continuing to access, link to, or use our site and the information contained hereon, including but not limited to text, content, photographs, video, audio and graphics (“our site”), or any service on our site, you confirm that you accept the TOS and that you agree to comply with them. If you do not agree to the terms, you must not access or otherwise use any of our Services. When we refer to “Golden Equator”, “we”, “us” “our”, we refer to Golden Equator Holdings Pte Ltd and our group of companies.

Our Privacy Policy also applies to your use of our site which is incorporated into the TOS by reference.

Services

The TOS applies to this site and, and other sites, communications and other services that state that they are offered under this agreement (“Services”), including the offsite collection of data for those Services, such as our ads.

Change

We may modify the TOS or our Privacy Policy from time to time. We will try to give you reasonable notice of any major changes. If you object to any changes, you may close the account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms. Your access, link to, or use of our site, or any service on our site, after the posting of modifications to the TOS will constitute your acceptance of the TOS, as modified. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Golden Equator and shall be of no force or effect.

Your Account

Where applicable, you may be required to create an account to use our site and/or the Services. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this TOS.

If you know or suspect that anyone other than you knows your account details, you must promptly notify us or close your account, failing which you shall be held liable for any misuse arising out of or in connection with your account.

Service Availability

We may change, suspend or end any Service, or change and modify prices (if applicable) prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. We may also impose restrictions on certain features or restrict your access to parts or the entire Services or Site without notice or liability.

Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our site including but not limited to text, content, photographs, video, audio, graphics, user interface design or logo, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. Our site is also protected as a collective work or compilation under SINGAPORE copyright and other laws and treaties. All individual articles, columns and other elements making up our site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in our site.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of this TOS, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Using the Services does not give you any ownership in our Services or the content or information made available through our Services.

Restriction of Use

You may not use our site for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use our site solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in our site in any manner that could compete with the business of Golden Equator or any of its suppliers.

You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of our site, except that you may download material from our site and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in our site without Golden Equator’s prior written consent. You may not offer any part of our site for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Golden Equator. Our site and the information contained therein may not be used to construct a database of any kind. Nor may our site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of our site. You may not use our site in any way to improve the quality of any data sold or contributed by you to any third party.

You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Golden Equator in any manner which creates the impression that such items belong to or are associated with you or are used with Golden Equator’s consent, and you acknowledge that you have no ownership rights in and to any of such items.

Acceptable Use Policy

You may not input, distribute, upload, post, email, transmit or otherwise make available any content through our site that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorisation of Golden Equator, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv)infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.

You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of our site, any activities conducted on or through our site or any servers or networks connected to our site. You may neither obtain nor attempt to obtain through any means any materials or information on our site that have not been intentionally made publicly available either by public display on our site or through accessibility by a visible link on our site. You shall not violate the security of our site or attempt to gain unauthorized access to our site, data, materials, information, computer systems or networks connected to any server associated with our site, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of Golden Equator, imposes or may impose an unreasonable or disproportionately large load or burden on our site or the infrastructure of our site. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of our site, any data or content found on or accessed through our site, or any other website information without the prior express written consent of Golden Equator. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

License

You acquire absolutely no rights or licenses in or to our site and materials contained within our site other than the limited right to utilize our site in accordance with the TOS. Should you choose to download content from our site, you must do so in accordance with the TOS. Such download is licensed to you by Golden Equator ONLY for your own personal, non-commercial use in accordance with the TOS.

When you upload or post content to our site, you grant us the following rights to use that content: (a) a perpetual, nonexclusive, irrevocable, fully-paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit , such content for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in Golden Equator’s discretion without additional notice, attribution or consideration to you or to any other person or entity (b) any other user to access, store, or reproduce such material for that user’s personal use. You grant Golden Equator the right to use the name that you submit in connection with such content.

You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this TOS. Golden Equator may in our sole and absolute discretion, screen, delete and/or remove any user content made available on our site, including where SPH Media receives a complaint from another user or a notice of intellectual property infringement or other direction for removal, or where in SPH Media’s sole and absolute opinion such content is in breach of the TOS, or is illegal or otherwise objectionable, or for any other reason as Golden Equator may see fit.

User-Generated Content

The website may include information and materials uploaded by other users of this site. This information and the materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

No Warranty

To the extent under applicable law, Golden Equator : (a) disclaims all implied warranties and representations (eg. warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (B) does not guarantee that the Services will function without interruption or errors; and (C) provide the Services (including content and information) on an “as is” and “as available” basis.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must, at all times, obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. Any financial or investment information on our site are for use in Singapore only and are intended for your general information only. You should not rely upon such information in making any particular investment or other decision which should only be made after consulting with a fully qualified financial adviser. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy set out above.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our site other than that set out above, please contact us at [email protected].

Services that we are not obligated to perform

We have no obligation to monitor or enforce any intellectual property rights that may be associated with content you provide us, but we have the right to enforce any rights which we may have through any means we see fit. We do not control or endorse all of the content, messages or information found on our site or external sites that may be linked to or from our site and, therefore, we specifically disclaim any responsibility with regard thereto.

We have no obligation to accept, display, review, monitor, or maintain any content submitted by users, user forum posts, commentary, ratings or compliments (“Comments”). We have the right to delete content or Comments from our Sites without notice for any reason at any time. We may move, re-format, edit, alter, distort, remove or refuse to exploit content or Comments without notice to you and without liability.

Limitation to liability

You agree that your use of our site is at your sole risk and acknowledge that our site and anything contained within the website, including, but not limited to, content, services, goods or advertisements are provided “as is” and “as available” and that to the fullest extent permissible pursuant to applicable law, Golden Equator makes no warranty of any kind, express or implied, as to our site, including, but not limited to, non-infringement, non-infringement of third party rights, title, any implied warranties or merchantability or fitness for a particular purpose or use. Golden Equator does not warrant that our site is compatible with your equipment or that our site, or e-mail sent by Golden Equator or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features.

In no event shall Golden Equator be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use or access our site or the Services or any other website.  In the event that Golden Equator is liable for damages despite the foregoing provision, you agree that Golden Equator’s aggregate liability to you for any and all causes of action shall not exceed in aggregate of S$50.00.

Under no circumstances, including but not limited to negligence, shall Golden Equator, its suppliers, agents, directors, officers, employees, representatives, successors, or assigns be liable to you for direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if Golden Equator has been advised specifically of the possibility of such damages, arising from use of or inability to use our site, the Services or any links or items on the website or any provision of the TOS, such as, but not limited to, loss of revenue or anticipated profits or lost business.

Indemnity

You agree, at your own expense, to indemnify, defend and hold harmless Golden Equator, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable legal costs and expenses, including any other professional fees, arising out of or in connection with our site, directly or indirectly, from your access of and/or use of our site, including without limitation: (i) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) any claims of infringement of any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, our site by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder.

Assignment

You may not assign the TOS or any of its rights or obligations to any party.

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

 Governing Law and Jurisdiction

The TOS shall be governed and construed in accordance with the laws of Singapore. The courts of Singapore shall have exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes which may arise out of or in connection with our site or from a dispute as to the interpretation or breach of the TOS, and for such purposes, you agree to submit to the jurisdiction of the courts of Singapore. Each party hereby waives any objection which it might at any time have to the courts of Singapore being nominated as the forum to hear and determine any proceedings and to settle any disputes.