Terms of Use

TERMS & CONDITIONS

JAFCO INVESTMENT (ASIA PACIFIC) LTD

WEBSITE TERMS AND CONDITIONS AND DATA PROTECTION AND PRIVACY POLICY
THE FOLLOWING TERMS AND CONDITIONS GOVERN THE USE OF WWW.JAFCOASIA.COM.
THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND JAFCO INVESTMENT (ASIA PACIFIC) LTD ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THE WEBSITE MAY BE ACCESSED AND USED. ACCESS TO THE WEBSITE IMPLIES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS PLEASE DO NOT ACCESS THIS WEB SITE AND PLEASE DO NOT USE THE ONLINE SERVICES.

1. DEFINITIONS AND INTERPRETATION

Unless otherwise stated, the following terms shall have the corresponding meaning:
"JIAP" means JAFCO Investment (Asia Pacific) Ltd, a company incorporated in the Republic of Singapore and having an office at 10 Collyer Quay #05-07, Ocean  Financial Centre, Singapore 049315.
"Website" means the website set up by JIAP.

2. CONDITIONS OF USE

2.1 By accessing the Website, you agree to comply with and observe all applicable laws, regulations and directives including without limitation the laws of the Republic of Singapore in connection with your access to, and use of, the Website. You shall also be solely responsible for the set-up, configuration or compatibility of your hardware, equipment and software for access to the Website and you shall provide at your own expense all facilities or resources necessary for such proper access.

2.2 Without prejudice to the foregoing, you shall not intentionally create any circumstances whereby other users are affected in their access to, and use of, the Website.

2.3 You agree to use this website in accordance with these terms of use and for lawful and proper purposes and shall not:-

a.    upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or which creates liability on JIAP’s part;

b.   upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

c.    upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or

         d.    interfere or attempt to interfere with the operation or functionality of this website; or obtain or attempt to obtain unauthorized access, via whatever means, to any of JIAP’s systems.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 All contents of the Website including, but not limited to the text, graphics, links, sounds, code and software are the copyright of JIAP. Although JIAP authorises you to view and access the contents of the Website solely for your personal and non-commercial use, you may not otherwise copy, download, distribute, display, perform, adapt or publish in any way all or any of the contents of the Website without the prior written consent of JIAP.

3.2 All names, logos and marks relating to JIAP products, services or companies, used on the Website (unless otherwise stated) are registered trademarks and service marks of JIAP and no permission or licence is granted to use any such trademarks or service marks without the prior written consent of JIAP or its legal representatives.

4. DISCLAIMER

4.1 JIAP makes no guarantee, endorsement, representation or warranty of any kind, express, implied or statutory regarding the Website and its operation, or the materials and information contained or referred to on each page herein, including content and material provided by third parties. The Website and its available materials and information are provided on an 'AS IS' basis. JIAP gives no guarantee, representation or warranty in respect of any accuracy, quality, completeness, timeliness, merchantability, fitness for a particular purpose, non-infringement or title of any software, communications, transmissions, information, data or service provided pursuant to the Website.

4.2 Any condition or warranty which may be implied or incorporated within this Agreement by reason of statute or common law or otherwise (including warranties as to description, merchantability, suitability, satisfactory quality and fitness for purpose) is HEREBY EXPRESSLY EXCLUDED.

4.3 JIAP accepts no liability and will not be liable for any loss or damage arising directly or indirectly (including special, incidental or consequential loss or damage) from your use of the Website, howsoever arising, and including any loss, damage or expense arising from, but not limited to, any defect, error, imperfection, fault, mistake or inaccuracy in, of or on the part of (as is applicable) the Website or its contents, or due to any unavailability of the Website or any part thereof or any contents or associated services.

4.4 JIAP takes certain industry-accepted precautions to secure our systems and the Website or portions thereof. However, the user understands and agrees that such precautions cannot guarantee that our systems and the use of the Website are invulnerable to security breaches, nor does JIAP make any warranty, guarantee, or representation that use of the Website or any email is protected from all viruses, worms, Trojan horses, and other vulnerabilities. Please note that any software downloaded from the Website or any email is at your own risk and JIAP neither assumes nor accepts liability for any loss or damage, (whether direct or indirect), howsoever caused, as a result of any computer viruses, Trojan horses, worms, software bombs or similar items or processes arising from your use of the Website or as a result of the use of any content posted or contained in e-mails or otherwise transmitted or displayed via the Website.

4.5 Any hyperlinks from the Website to external websites (“External Sites”) exist for information purposes and are for your convenience only and you acknowledge that JIAP has no control over and excludes all liability for any material on the Internet which can be accessed by using this Website. JIAP makes no endorsement of any such hyperlinks to External Sites and their accompanying information, data, products, services and materials and shall not be responsible for any errors or omissions in any content in the Website, or the content, products or services of any hyperlinked External Site or any hyperlink contained in a hyperlinked External Site, nor for the privacy and security practices employed by these External Sites. JIAP accepts no liability for any loss or damage arising directly or indirectly (including consequential loss) from the accuracy or otherwise of materials or information contained on the pages of such sites or loss arising directly or indirectly from defects with such sites. Use of the Website and any hyperlinks and access to External Sites are entirely at the user’s own risk. 4.6 JIAP does not guarantee that any e-mails sent from the Website will be received by JIAP if sent by you nor does JIAP warrant the privacy and/or security of e-mails during Internet transmission.

4.7 Any reference in this website to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise, does not necessarily constitute or imply an endorsement, sponsorship, or recommendation. Accordingly, you are advised to seek independent expert advice before relying on any information contained on this website.

4.8 The information, opinions and data including third party research materials provided on the Website is provided for your information and solely for your convenience only. Any views expressed or purported to be expressed by any person other than JIAP are not to be construed as endorsed or approved by JIAP. While the information has been obtained from sources believed to be reliable, none of this information nor any of the recommendations, if any, has been specifically customised for any specific person, and you are advised to seek independent advice to confirm any information or recommendation.

4.9 The descriptions of any investment funds provided on the Website are purely for informational purposes only and do not constitute offers to sell or a solicitation of an offer to buy any of the interests in any of the funds.

4.10 No information or recommendation on any securities is to be construed as an offer, solicitation or recommendation to any person or class of persons to buy any of the securities or commodities or class of securities or commodities referred to nor shall anything herein form the basis of any contract or commitment whatsoever. JIAP accepts no liability for any direct or indirect loss arising out of the use of the information or recommendations. We, our information providers, directors, officers, advisers and/or employees may have an interest in the securities and/or companies mentioned herein.

4.11 The investment portfolio ("Portfolio") is not a complete listing of all portfolio companies invested by JIAP's funds. The Portfolio and information relating to the portfolio companies are provided for general information purposes only and should not be used as a basis for making business or investment decisions. JIAP makes no representation and gives no warranties (express, implied or statutory) as to the accuracies, completeness or currency, or as to the fitness for any purpose, of any information provided in connection with the Portfolio and it should not be relied upon as such. Although JIAP has used reasonable efforts to check the content of the Portfolio and information connected to it, JIAP cannot guarantee the accuracy or completeness of such content, which JIAP has included in the Website in good faith. JIAP accepts no responsibility to update any information on the JIAP Website or in the Portfolio.

5. USE AND DISCLOSURE OF PERSONAL INFORMATION

5.1 Unless restricted by applicable law, you agree that any and all personal information/data relating to you collected by JIAP from the Website from time to time may be used and disclosed for such purposes and to such persons as may be in accordance with JIAP's Data Protection and Privacy Policy as stated in Clause 6.

5.2 In respect of any information or materials which you submit to JIAP using the Website, you hereby grant to JIAP a licence to use such information or materials for any purpose it deems necessary including, without limitation, the copying, transmission, distribution and publication thereof, unless restricted by applicable law. JIAP shall be entitled to make use of, to publish and to make available, in any way, any demographical and statistical data it collates from any person's usage of the Website.

5.3 You agree that JIAP shall not be under any obligation of confidentiality to you regarding any such information or materials submitted to it using the Website unless agreed otherwise in a separate direct contract between you and JIAP or as required by law.

6. DATA PROTECTION AND PRIVACY POLICY

6.1 This Data Protection and Privacy Policy relates solely to information supplied by you on or as a result of the Website. JIAP respects the privacy of your personal information. Any personal information provided by you to JIAP through the Website will be used for the purpose of providing you with the services you have requested directly on the Website, to update and enhance JIAP's records and to advise you of other products and services which may be of interest to you. This Data Protection and Privacy Policy will not alter or affect any information otherwise provided by you to JIAP.

6.2 The details which you are requested to provide on the Website may be transferred within JIAP which may include transfer to other parts of JIAP in different jurisdictions and by using the Website you consent to such transfer. In providing your telephone and facsimile number you are agreeing that JIAP and its business alliance partners may contact you by telephone and facsimile. Other than those individuals and entities listed below, your details will not be revealed by JIAP to any external body, unless JIAP has your permission, or is under either a legal obligation or any other duty to do so. The information provided by you at the Website may be disclosed by JIAP to:

* Regulators
* Lawyers/Accountants/Auditors
* Third Party Service Providers
* Any Agent acting on JIAP's behalf
* JAFCO Co., Ltd. and its group companies
* JIAP's business alliance partners

6.3 The information collected from you by JIAP will be valuable in improving the design and marketing of JIAP's range of services and related products for customer use. JIAP wishes to assure you that your private information will be treated as confidential and with high standards of security. The use of your information will be kept to the minimum required in order for JIAP to continually monitor and improve its services to JIAP's customers and keeping you informed about JIAP's products, services and other opportunities within JIAP.

6.4 JIAP pledges its intention to meet fully internationally recognised standards of personal data privacy protection and to comply with the requirements of applicable data protection/privacy laws. In doing so, JIAP will ensure compliance by JIAP staff with the strictest standards of security and confidentiality.

6.5 Data provided by you is retained as long as the purpose for which the data was collected continues; data is then destroyed unless its retention is required to satisfy legal, regulatory or accounting requirements or to protect JIAP's interests.

6.6 When you use our website, we may collect and store information about your computer (including your IP address, operating system and browser type) for system administration. This is statistical data about our users' browsing actions and patterns. This data could possibly lead to your identification, but we, and our data intermediaries, do not use it to do so unless permitted by law.

6.7 In order to improve JIAP's services, JIAP will occasionally use a "cookie". A cookie is a small amount of data that JIAP Web server sends to your Web browser when you visit certain parts of the Website and the use of which is intended to assist JIAP's understanding of your interest in the Website. By continuing to use this Website, users will be deemed to have accepted this policy and the use of cookies for these limited purposes only.

6.8 JIAP reserves the right to amend its prevailing Data Protection and Privacy Policy at any time and will place any such amendments on the Website. This Data Protection and Privacy Policy is not intended to, nor does it, create any contractual rights whatsoever or any other legal rights, nor does it create any obligations on JIAP in respect of any other party or on behalf of any party.

6.9 You have the right to withdraw consent, request access to, and correction of personal data that JIAP holds about you in accordance with applicable laws.  All requests for the withdrawal of consent, access to, or correction of personal data held by JIAP shall be made in writing by sending an email to Mr Melvin Teo / Ms Law Lai Gueng at dataprotection@jafcoasia.com.

7. INDEMNITY

WITHOUT PREJUDICE TO THE OTHER PROVISIONS OF THIS AGREEMENT AND TO ANY OTHER RIGHTS AND REMEDIES WHICH JIAP MAY POSSESS, YOU HEREBY AGREE TO INDEMNIFY AND HOLD JIAP HARMLESS AT ALL TIMES AGAINST ALL ACTIONS, PROCEEDINGS, COSTS, CLAIMS, EXPENSES (INCLUDING LEGAL COSTS ON A FULL INDEMNITY BASIS), DEMANDS, LIABILITIES, LOSSES (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) AND DAMAGES (WHETHER IN TORT, CONTRACT OR OTHERWISE) WHATSOEVER AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION CLAIMS MADE BY THIRD PARTIES AND CLAIMS FOR DEFAMATION, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, DEATH, BODILY INJURY, WRONGFUL USE OF COMPUTERS, UNAUTHORISED OR ILLEGAL ACCESS TO COMPUTERS (INCLUDING BUT NOT LIMITED TO HACKING), PROPERTY DAMAGE OR PECUNIARY LOSSES WHICH JIAP MAY SUSTAIN, INCUR, SUFFER OR PAY ARISING OUT OF, IN CONNECTION WITH OR PURSUANT TO YOUR ACCESS TO AND/OR YOUR USE OF the Website, WHETHER OR NOT SUCH ACCESS OR USE WAS AUTHORISED OR WHETHER IT WAS DUE TO ANY ACT OR OMISSION ON YOUR PART.

8. TERMINATION, SUSPENSION AND MODIFICATION

8.1 JIAP may terminate this Agreement, and terminate or suspend your access to and use of the Website at any time, without liability and for whatsoever reason or cause, without notice.

8.2 JIAP reserves the right in its discretion to change without prior warning or notice any information or material contained on the Website and the terms and conditions under which the Website is used, including, without prejudice to the generality of the above, revisions, amendments, at the sole discretion of JIAP.

9. FORCE MAJEURE

9.1 JIAP shall not have any liability for any delay or default in its operation of the Website under this Agreement caused by circumstances beyond its control including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, telecommunications, computer or utilities failure, strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any of the events mentioned above, JIAP shall for the duration of such event, be relieved of any such obligation under this Agreement as is affected by the said event. PROVIDED that the provisions of this Agreement shall remain in force with regard to all other obligations under this Agreement which are not affected by such event. And PROVIDED further that the parties shall resume their full obligations under this Agreement upon the cessation of such event.

10. JURISDICTION AND RESTRICTIONS

10.1 JIAP controls and maintains the Website from the Republic of Singapore and JIAP makes no representation that the material and information contained herein is appropriate or available for use in other locations/jurisdictions.

10.2 The terms and conditions of this Agreement are governed by the laws of the Republic of Singapore and any dispute shall be subject to the exclusive jurisdiction of the Courts of the Republic of Singapore.

COPYRIGHT (c) JAFCO INVESTMENT (ASIA PACIFIC) LTD 2015. ALL RIGHTS RESERVED.