These terms define the relationship between you and Golden Equator (as defined below). Please read all of the following terms and conditions of service (this “TOS”) carefully before using this website or any of our Services (as defined below). By continuing to access, link to, or use this website 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 this TOS and that you agree to comply with them. If you do not agree to the terms, you must not access or otherwise use our site or any of our Services. When we refer to “Golden Equator”, “we”, “us” “our”, we refer to Golden Equator Capital Pte. Ltd. and its affiliates, whereby the term “affiliate” with respect to a party hereto shall mean any person or entity that controls, is controlled by, or is under common control with, such party (with “control” meaning the ability to control via board control, equity ownership, contract or otherwise).

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

Please review this Privacy Policy in its entirety carefully before using our website, or otherwise providing us with any of your personal information. This Privacy Policy applies in conjunction with any other policies, notices, contractual clauses and consent clauses that apply in relation to the collection, use and disclosure of your personal information by us. Specifically, this Policy supplements but does not supersede nor replace any other consents which you may have previously provided to us nor does it affect any rights that we may have at law in connection with the collection, use, disclosure and/or retention of your personal information.

SERVICES

This TOS applies to our site and other websites, applications, communications and other services, whether online or offline, that state that they are offered under or incorporate this TOS (the “Services”), including the offsite collection of data for those Services, such as our advertisements, marketing and other communications. We operate our site at our sole discretion and shall have the right to change, modify or suspend any aspect or feature of our site and/or any Services.

UPDATES

We may modify this TOS or our Privacy Policy from time to time without any prior notice. As changes to this TOS or our Privacy Policy take effect when they are posted on our site, you may determine if any such revision has taken place by referring to the date on which this TOS was last updated and should visit this website periodically to note any changes. Your continued use of any of our Services, including without limitation our site, constitutes your acknowledgement and acceptance of such updated terms. Any terms and conditions proposed by you which are in addition to or which conflict with this TOS are expressly rejected by Golden Equator and shall be of no force or effect.

SERVICE AVAILABILITY

We may change, suspend or end any Service or your use thereof (including where applicable, cancel any account that you may have), or change and modify prices (if applicable) prospectively at any time in our discretion. Notwithstanding any terms or conditions to the contrary in this TOS, to the extent allowed under law, these changes may be effective without any notice or for any reason whatsoever. We may also impose restrictions on certain features or restrict your access to parts or the entire Services or Site without notice or liability. We reserve the right to suspend, limit or terminate your use and access to the Services (and where applicable, cancel any account you may have) at any time at our sole discretion without further notice and for any reason whatsoever.

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, net domain names, specifications, know-how, service marks, ethical or moral rights hereon, the material published on our site, and/or any parts of the Services (whether or not registered as well as all rights to use for registration). 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 on our site.

Nothing in this TOS or your use of our site grants you any ownership or rights in our site, the Services, the content or information made available through the Services, or any of our trademarks, trade names, service marks, copyrights, or logos, except as expressly provided for under this TOS. 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.

In particular, without our prior consent in writing:

• 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 may print off one copy, and may download extracts, of any page(s) from our site for your personal non-commercial use and you may draw the attention of others within your organisation to content posted on our site provided that any copyright and/or proprietary notices are retained.
• 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.
• You must not use the paper or digital copies of any materials you have printed off or downloaded for any commercial, business or otherwise mass-market activities.
  

If you print off, copy, download, share or repost any part of our site in a manner that is not in accordance with the above, 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.

• You must not recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, link to, create derivative works from, transmit, or in any way exploit any part of our site.
• You must 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.
• You must 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.

ACCEPTABLE USE POLICY AND RESTRICTION OF USE

You may not use our site or any Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with this TOS. You must at all times comply with applicable law and regulations when accessing our site and utilising any of the Services, including but not limited to uploading user content to our site. You may not input, distribute, upload, post, email, transmit or otherwise make available any content through our site that: (a) 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; (b) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (c) 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); (d) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (e) 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; (f) is harmful to minors; or (g) constitutes the personally identifiable information of any other person that such person has not authorised you to disclose.

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.

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 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 unauthorised 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 licences in or to our site and materials contained within our site (including images, details, data, illustrations, designs, icons, photographs, video clips, text, software, graphics, scripts, logos, and other materials that are part of our site) other than the limited right to utilise our site in accordance with this TOS. Such materials may be provided by trademarks, service marks, copyrights and other intellectual or ownership rights owned by Golden Equator. Should you choose to download content from our site, you must do so in accordance with this TOS. Such download is licensed to you by Golden Equator ONLY for your own personal, non-commercial use in accordance with this TOS.

When you upload or post content to our site, you grant the following rights to use that content: a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and licence in any and all media, now known or later developed, (a) to us 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 sole discretion without additional notice, attribution or consideration to you or to any other person or entity and (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.

USER-GENERATED CONTENT

Our site may include information and materials uploaded by other users of our 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. The information and materials made available through our site may contain typographical errors or inaccuracies as we do not control the information provided by other users that is made available through our site.

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.We reserve the right to edit, restrict or remove any content you provide for any reason at any time in our sole discretion. This includes where Golden Equator receives a complaint from another user or a notice of intellectual property infringement or other direction for removal, or where in Golden Equator’s sole and absolute opinion such content is in breach of this TOS, or is illegal or otherwise objectionable, or for any other reason as Golden Equator may see fit.

NOTICE OF INFRINGEMENT

Golden Equator reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) on our site (“Infringing Material”) and take appropriate action.

If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the Site, please notify Golden Equator in writing immediately in the form and containing the information prescribed by the Copyright Act 2021 of Singapore, as may be amended from time to time (“Infringement Notice”). All Infringement Notices shall be sent to Golden Equator addressed to [email protected] and in consideration of us reviewing such notices, you agree that you shall not take any legal action or exercise any legal remedy you may have against Golden Equator in respect of any Infringing Material, unless and until you have first given Golden Equator the Infringement Notice and reasonable opportunity to remove the Infringing Material, but Golden Equator refuses or fails to remove the Infringing Material. Where Golden Equator removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Golden Equator under applicable law which you may have in respect of any Infringing Material appearing on our site prior to such removal.

NO WARRANTY

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

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.

The content on our site is provided for general information only. It is not intended to amount to advice (whether investment, accounting, legal, tax or other 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. Any use you make of the information provided on our site is entirely at your own risk and we will not be liable for any damages or losses (including any loss of data or profits) resulting from your use of our site.

LINKING TO OUR SITE

You may provide a link to our site, 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 and Restriction of Use” section set out above.

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].

THIRD-PARTY SITES OR SERVICES

Our Services may provide You with access to third party sites or services (“Third Party Sites”). Any access or use of any such Third Party Site is entirely at your own discretion and risk.

Further, your use of any Third Party Site shall be governed by the terms and conditions of that website. It is your sole responsibility to review the terms and conditions of a Third Party Site before accessing or using the said website.

We are not responsible for the availability, content, or accuracy of other Third Party Sites, services, or goods that may be linked to, or advertised on, our site. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, our site; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, goods, or advertisements that may be linked to the our site; or (c) make any endorsement, express or implied, of any other Websites, services, goods, or advertisements that may be linked to our site.

To the extent permissible by law and without prejudice to any other provisions in this TOS, we disclaim any and all liability for any loss, damage and any other consequence arising from or relating to, whether directly or indirectly, to your access to any Third Party Site or any information you provide to or any transaction conducted on such Third Party Site or any act, omission, default on the part of the third party.

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 in our sole discretion. We may move, re-format, edit, alter, distort, remove or refuse to exploit content or Comments without notice to you and without liability. Notwithstanding the forgoing rights, we reserve the right to treat content provided by users and Comments as content stored at the direction of users for which we will not exercise editorial control except as required to enforce the rights of third parties and applicable content restrictions below when violations are brought to our attention.

LIMITATION OF 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”.

To the fullest extent permissible by law, Golden Equator shall not be liable and shall assume no liability for any losses, damages or expense of any kind howsoever caused as a result of the use of or access to the Services, or your inability to use or access the Services, including any loss or damages suffered as a result of relying on the Services and/or in connection with this TOS.

You agree that 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.

To the fullest extent permissible by law, under no circumstances, including but not limited to negligence, shall Golden Equator, its suppliers, agents, directors, officers, employees, representatives, partners, successors, or assigns be liable to you for direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if such damages were foreseeable or 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 our site or any provision of this 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, partners, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including 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: (a) a violation or alleged violation of this TOS by you or anyone using your computer (or account, where applicable) including any breach of any covenant or agreement to be performed by you hereunder; (b) 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; (c) any deletions, additions, insertions or alterations to, or any unauthorised use of, our site by you or someone using your computer (or account, where applicable); or (d) any misrepresentation or breach of representation or warranty made by you contained herein.

Golden Equator reserves the right to all remedies available at law and in equity. You agree to pay any and all costs, damages, and expenses, including, but not limited to, all legal fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. Golden Equator reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Golden Equator in asserting any available defence. You acknowledge and agree to pay our legal fees and expenses incurred in connection with any and all lawsuits brought against you by Golden Equator under and in connection with this TOS, our Privacy Policy and any other terms and conditions of service on our site, including without limitation, lawsuits arising from your failure to indemnify Golden Equator pursuant to this TOS.

ASSIGNMENT

You may not assign, novate or otherwise transfer any of your rights or obligations under or in connection with this TOS to any party.

We may assign, novate or otherwise transfer our rights and obligations under or in connection with this TOS to another party. We may also delegate or sub-contract any obligations under this TOS. Notwithstanding the above, we will inform you if any of these happen and will ensure that such assignment, novation, transfer, delegation or sub-contract will not have a material adverse effect on your rights under this TOS.

GOVERNING LAW AND JURISDICTION

This TOS shall be governed and construed in accordance with the laws of Singapore (including the Evidence Act 1893 of Singapore and the Electronic Transactions Act 2010 of Singapore, both as may be amended from time to time), without regard to any conflict of law provision. The courts of Singapore shall have exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes (the “Disputes”) which may arise out of or in connection with our site or this TOS or our Privacy Policy (including any dispute regarding the existence, validity or termination of this TOS or our Privacy Policy respectively), 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. Notwithstanding the above, no Golden Equator group entity shall be prevented from taking proceedings relating to a Dispute in any other courts with jurisdiction. To the extent allowed by law, any Golden Equator group entity may take concurrent proceedings in any number of jurisdictions.

Notwithstanding the above, you are responsible for complying with the laws of the jurisdiction from which you are accessing our site, and you agree and confirm that you will not access or use the information on our site in violation of such laws. You also agree that our failure to enforce any rights under this TOS will not constitute any waiver of any terms or conditions in this TOS.

MISCELLANEOUS

Except as expressly stated otherwise in this TOS, an individual or a corporate entity who is not a party to this TOS shall have no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore, as may be amended from time to time, to enforce any term or condition of this TOS.

If any provision of this TOS is unlawful, invalid or unenforceable, this shall not affect the rest of the terms and conditions under this TOS.

To the extent permissible by law, any claim or cause of action arising out of or related to use of our Site, under this TOS or in connection with the Services, these must be filed within 1 year after such claim or cause of action arose or be forever barred.

The content on our site is not intended for use by or distribution to any individual or legal entity in any jurisdiction or country where such distribution, publication or use would be contrary to the law or regulatory provisions or in which the Golden Equator group entities do not hold the necessary registration or licence. Such individuals or legal entities in respect of whom such prohibitions apply, should not access or use our site.

QUESTIONS

If you have any questions about this TOS, please contact us at [email protected]. All questions, feedback and other suggestions submitted will be treated as non-confidential and non-proprietary and may be disclosed or used by Golden Equator in its sole discretion, without any obligation to compensate you.

UPDATES

This TOS may be updated from time to time without any prior notice. As changes to this TOS take effect when they are posted on our site, you may determine if any such revision has taken place by referring to the date on which this TOS was last updated and should visit our site periodically to note any changes. Your continued use of any Service, including without limitation our site, constitutes your acknowledgement and acceptance of such changes. We shall not be responsible or liable to you for any expense, loss, damage, liability or other consequences suffered by you or incurred by you in connection with any of the foregoing actions.

Last Updated: 27 April 2023