Tradably – Terms of Use

Date of last revision: May 9, 2017

 

Acceptance of Terms of Use

Tradably and its affiliates (together, which shall be referred to as “us,” “we,” “Tradably” or “the company”), has developed a service called “Tradably” (the “service”). By accessing or using our websites (https://tradably.com, https://trdb.ly) (collectively, along with the service, referred to as, the “site”) at Tradably.com, you (“you” or the “user”) signify that you have read, understand and agree to be bound by these terms of use (the “terms of use”), whether or not you are a registered member of Tradably. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these terms of use at any time without prior notice. Whenever we modify our terms of use, we will post the revised version of the terms of use on the site and we will indicate at the top of this page the date these terms of use were last revised. Your continued use of the site after any such changes constitutes your acceptance of and agreement to comply with the new terms of use. It also confirms that you authorise us to carry out our roles, and responsibilities as mentioned (whether expressly or implied) in the current terms of use. It is your responsibility to regularly check the site to determine if there have been changes to these terms of use and to review such changes.

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved.

We reserve the right to cancel or suspend your membership and/or moderate or remove content from your postings which we consider to be contentious or not in compliance with these terms. We strongly enforce a no tolerance policy for objectionable content. Objectionable content includes, but is not limited to: (i) sexually explicit materials; (ii) obscene, defamatory, libellous, slanderous, violent and/or unlawful content or profanity; (iii) content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that is deceptive or fraudulent; (iv) content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms; and (v) gambling, including without limitation, any online casino, sports books, bingo or poker. If you see objectionable content, please contact us.

If you do not agree to these terms of use, you must not use our site.

 

Changes to Terms of Use

We reserve the right, at our sole discretion, to modify or update these terms at any time and all changes will become immediately effective upon posting. Your continued access to or use of our services after such changes have been posted shall bind you to such changes and the amended terms. It is your sole responsibility to check these terms regularly for changes. If you do not agree to the amended terms, please do not continue to access or use our services.

 

Changes to Our Site

We may update our site from time to time, and may change the content at any time. However, please note that any content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any content on it, will be free from errors or omissions.

 

User Registration & Security

You represent and warrant that if you are registering for the services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these terms as if such obligations are owed by the said parent or guardian, and if you are registering for the services for and on behalf on an entity, that you are authorized to enter into and bind the entity to these terms. We reserve the right, at our sole discretion, to refuse to offer the services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.

Your access and use of the services shall be at your own discretion and risk and you shall be solely responsible for safeguarding and maintaining the confidentiality of your account, as defined below, including your username and password and all activities in connection with or that occur on or through your account, as defined below.

By using the site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the site (“registration data”); (b) maintain the security of your log-in credentials and password; (c) maintain and promptly update the registration data, and any other information you provide to company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. Tradably may immediately discontinue the use of the site and cancel your password at any time, with or without cause, in its sole discretion.

Access to Services

In order to access any services offered by us, you must register for an account subject to the registration criteria herein. Upon registration, you will receive a unique identifier username and a verification email which shall be assigned exclusively to your account in order for you to access and use such services, where applicable, and it shall be your sole responsibility for safeguarding and maintaining the confidentiality of your unique identifier username.

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 these terms of use.

If you know or suspect that anyone other than you know your user identification code or password, you must promptly notify us.

Certain Tradably services are provided to you free-of-charge. Other Tradably services require payment before you can access them. The Tradably services that may be accessed after payment are currently referred to as “Tradably plus” (“paid subscriptions”). The Tradably service that does not require payment is currently referred to as the “free service”. You can learn more about our services by visiting our website.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if, for any reason, our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Note that Tradably plus may be discontinued in the future, in which case you will no longer be charged for the service.

 

Payments and Cancellations

Paid subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) paying a yearly subscription fee; or (3) pre-payment giving you access to the Tradably service for a specific time period (“pre-paid period”). If you have purchased a paid subscription using a code, your paid subscription will automatically terminate at the end of the pre-paid period, or when there is an insufficient pre-paid balance to pay for the service.

When you register for a paid subscription, trial, or code online, you consent to get access to Tradably plus immediately.

Unless your paid subscription has been purchased as a pre-paid period, your payment to Tradably (or to a third party through whom you purchased the paid subscription, such as a telephone company) will automatically renew at the end of the subscription period, unless you cancel your paid subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free service.

Tradably may change the price for the paid subscriptions, pre-paid period (for periods not yet paid for), or codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for paid subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Tradably service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Tradably service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

 

User Conduct

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.

Specifically, you expressly acknowledge and agreed that you will not submit information that would be a violation of your employer’s policies, nor will you submit information that violates any agreements to which you are subject (including, without limitation, any confidentiality agreements), insider trading regulations, SEC regulations, and/or other applicable laws, rules and regulations.

In addition, you agree not to use the site to:

  1. Harvest or collect email addresses or other contact information of other users from the site by electronic or other means for the purposes of sending spam, or any other unsolicited communications, including unsolicited emails;
  2. Act in any unlawful manner, including in a manner that could be deemed to violate applicable laws by touting or hyping an investment, manipulating securities or other investment prices or markets;
  3. Employ any device, scheme, or artifice to defraud any person in connection with an investment,
  4. Make any untrue statement of a material fact relating to an investment or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading;
  5. Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person in connection with an investment;
  6. To interact in any manner that could damage, disable, overburden or impair the site;
  7. Collect information from or otherwise interact with the site using automated scripts;
  8. Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  9. Register for more than one user account, register for a user account on behalf of an individual other than yourself, or register for a user account on behalf of any group or entity;
  10. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself.

 

Uploading Content to our Site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy.

You irrevocably and unconditionally represent and warrant that any content uploaded by yourself to our site complies with the standards set out in our Acceptable Use Policy. You also irrevocably and unconditionally agree and undertake that you will be liable for and indemnify us against any all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect, consequential loss, loss of profits, reputation, interest, legal and other professional costs and expenses) suffered by us as a result of a breach of your representation, warranty and/or indemnity.

Despite the above paragraph, any content you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

The views expressed by other users on our site do not represent our views or values.

 

User Content

You are solely responsible for all content (including all investment write-ups/theses, company information, financial models, financial projections, market trading information, profile information, and text/design/content of any kind) that you upload, publish or display (hereinafter, “post”) on or through the site, or transmit to or share with other users of the site (collectively the “user content”). You may not post, transmit, or share user content on the site that you did not create or that you do not have permission to post. You understand and agree that the company may, but is not obligated to, review the site and may delete or remove (without notice) any user content in its sole discretion, for any reason or no reason, including user content that in the sole judgment of the company violates these terms of use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any user content you post or store on the site or provide to the company. When you post user content to the site, you authorize and direct us to make such copies and backups thereof as we deem necessary in order to facilitate the posting and storage of the user content on the site. By posting user content to any part of the site, you automatically grant, without compensation to you, and you represent and warrant that you have the right to grant, to the company an irrevocable, perpetual, non-exclusive, transferable, fully paid-up, royalty-free, worldwide license (with the right to sublicense through multiple tiers) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such user content for any purpose, (including, without limitation, any commercial purpose, including, advertising and/or promotional purposes, and/or any other purpose ) on or in connection with the site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such user content, and to grant and authorize sublicenses of the foregoing, with or without compensation to the company. You may request removal of any personal or professional associations with respect to your user content from the site at any time; provided that you acknowledge and agree that company’s license to the user content shall continue perpetually as specified in the license grant above.

These content standards apply to any and all material which you contribute to or post on our site (“contributions”), and to any interactive services associated with it.

You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.

Contributions must:

  1. Be accurate (where they state facts).
  2. Be genuinely held (where they state opinions).
  3. Comply with applicable law in Singapore and in any country from which they are posted.
  4. Be placed in the correct and appropriate categories. You shall be responsible for your postings, the authenticity and origin of the objects referred to in each posting.
  5. Ensure that you either have all ownership rights to the object posted or all rights allowing you to post the object for rental.

Contributions must not:

  1. Contain any material which is defamatory of any person.
  2. Contain any material which is obscene, offensive, hateful or inflammatory.
  3. Promote sexually explicit material.
  4. Promote violence.
  5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  6. Infringe any copyright, database right or trade mark of any other person.
  7. Be likely to deceive any person.
  8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  9. Promote any illegal activity.
  10. Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
  12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  13. Give the impression that they emanate from us, if this is not the case.
  14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  15. Prior to Acceptance, exchange with or disclose your contact information to the other party for any reason unless through us.

 

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

Tradably expects all users to respect the intellectual property rights of others. Tradably may, if it chooses to do so and in its sole discretion and judgment, disable and/or terminate the account of any user who infringes the rights of others. Anyone who believes that their material has been copied without permission and in particular constitutes copyright infringement or who believes that their intellectual property rights have been violated, shall provide Tradably’s copyright agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property claimed to have been infringed;
  3. A description of where the material that you claim is infringing is located on the Tradably site;
  4. The claimant’s address, telephone number, and email address;
  5. A statement by the claimant that s/he has a good faith belief that the disputed use is not authorized by the copyright owner, the copyright owner’s authorized agent, or by law;
  6. A statement by the claimant, made under penalty of perjury, that the above information in the notice is accurate and that the claimant is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

 

External Links

The site may contain links to third-party web sites (“external sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such external sites. The content of such external sites is developed and provided by others. You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links or any content located on such external sites. The company not responsible for the content of any linked external sites and do not make any representations regarding the content or accuracy of any materials on such external sites. You should take precautions when downloading files from all web sites, including the external sites, to protect your computer from viruses and other destructive programs. If you decide to access any external sites, you do so at your own risk.

 

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.

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.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

If you wish to make any use of content on our site other than that set out above, please contact us via contact@tradably.com.

 

User Disputes

You are solely responsible for your interactions with other site users. In the event that there is a dispute relating to the site, site content or any user content between you and another user, you shall immediately notify the company in writing of the dispute. Further, you shall keep the company informed of any material developments concerning the dispute.

 

Compliance and Regulatory Inquiries

You are solely responsible for compliance with laws, regulations and policies of your employer in connection with your use of the site. In the event that you or your employer receive non-routine notice or inquiry or investigation or request for information from any governmental authority or agency or any self-regulatory organization relating to the site, site content or any user content, you shall immediately notify the company in writing except to the extent prohibited by law, regulation or legal process. Further, you shall keep the company informed of any material developments concerning the matter except to the extent prohibited by law, regulation or legal process.

 

Prohibited Uses

You may use our site only for lawful purposes. You may not use our site:

  1. In any way that breaches any applicable local, national or international law or regulation.
  2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  3. For the purpose of harming or attempting to harm minors in any way.
  4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time.
  5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  1. Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of site use.
  2. Not to access without authority, interfere with, damage or disrupt:
  3. any part of our site;
  4. any equipment or network on which our site is stored;
  • any software used in the provision of our site; or
  1. any equipment or network or software owned or used by any third party.

 

Data Protection and Privacy

Please refer to Tradably’s privacy policy. By using the site, you are consenting to have your personal data transferred to and processed in Singapore, or wherever our company, its affiliates, subsidiaries and/or its or their respective directors, employees, agents, partners, suppliers, contractors and/or licensors (collectively, the “company parties”) are operating from.

 

Disclaimers

The company is not responsible or liable in any manner for any content or user content posted on the site, whether posted by users of the site, by Tradably and/or by third parties. The company is not responsible for and shall not be liable in any manner for any of the equipment or programming associated with or utilized in the site. Although the company provides rules for user conduct and postings, the company does not control, is not responsible for and shall not be liable for what users post, transmit or share on the site and the company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the site or in connection with any user content or site content. The company is not responsible for the conduct, whether online or offline, of any user of the site. The site may be temporarily unavailable from time to time for maintenance or other reasons. The company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. The company is not responsible for any technical malfunction or other problems of any internet and/or telecommunications network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the service and/or the site. Under no circumstances will the company be responsible for any loss or damage, whether direct or indirect, including, but not limited to, lost profits, lost revenues, data loss, loss or damage to any user content, property damage, personal injury or death, resulting from anyone’s use of the site, any user content or content posted on or through the site or transmitted to users, or any interactions between users of the site, whether online or offline.

Site is not an investment adviser and is not providing any investment advice. We make no representation regarding the advisability of investing in any investment fund or other investment vehicle. Nothing herein should be viewed as a recommendation to purchase, hold, or sell any stocks or to make any investment decision.

Site is not a broker-dealer and is not offering or recommending any investment products. No information contained herein constitutes an offering of any security, investment product, investment service or fund. Nothing herein should be viewed to address the suitability of any security. We do not sponsor, endorse, sell or promote product and does not make any representation or warranty, express or implied, to the investors in any product.

This information is not intended to provide, and should not be relied on for accounting, legal or tax advice, or investment recommendations. You should consult your tax, legal or financial advisor if you have any questions about the information contained herein.

The company reserves the right to change any and all content, software and other items used or contained in the site, site content, or offered through the site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by company.

 

Limitation on Liability

In no event will company, its affiliates, subsidiaries and/or its or their respective directors, employees, agents, partners, suppliers, contractors and/or licensors (collectively, the “company parties”) be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages of any kind, including, but not limited to, any lost profits, loss of business or lost data arising from your use of the site or the service, any platform applications or any of the site content or other materials on, accessed through or downloaded from the site, even if the company party is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company parties’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to company for the service during the term of membership, but in no case will the company parties’ liability to you exceed $1,000 in the aggregate. You acknowledge that if no fees are paid to company for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from any of the company parties, regardless of the cause of action.

 

No Solicitation or Advice

You specifically acknowledge that posts by Tradably users are made for the purpose of obtaining access to the site and such posts do not constitute investment recommendations or solicitations with respect to investment advisory services or products. No post on the site and no site content or user content shall create or establish any fiduciary relationship with respect to members of the Tradably community, users or company parties.

 

No Reliance on Information

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 obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

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.

 

Investment Performance

You specifically acknowledge that none of the company parties will be held liable for losses or gains arising out of any site content or user content of any type on the site and that no Tradably user will be held liable for losses or gains arising out of any site content or user content of any type on the site, except that a Tradably user may be held liable for losses that arise from such user’s fraud, wilful malfeasance or breach of these terms of use. You acknowledge that your investment decisions/recommendations are made entirely at your election and that site content or user content is solely one additional source of information in assisting you to make those determinations. You also specifically acknowledge that any member may or may not have a position in any investment described in user content and that you have been informed that the member posting user content may have established a position at a much earlier time at more favourable prices, has no duty to update the user content if its investment position changes, and may effect transactions in investments before or after, and in the same manner or the opposite manner, to any investment transactions directly or indirectly described in the user content.

 

Communication with Other Funds

Tradably is not responsible for monitoring communication among users. It is each user’s responsibility to make sure that any dialogue or communication initiated is not in violation of any securities laws, the policy of the user’s employer and/or any agreement to which the user is subject.

 

Indemnity

You agree to indemnify, defend and hold the company parties harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with the site; your use of and/or inability to use the site; any user content or any other content you post or share on or through the site; and/or any trading losses due to a recommendation made by any other user or member of the Tradably community.

You agree to indemnify, defend and hold other users harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of, or in connection with, your fraud or wilful malfeasance in connection with the site or user content and your breach of these terms of use.

Term and Termination

The agreements will continue to apply to you until terminated by either you or Tradably. However, you acknowledge and agree that the perpetual licence granted by you in relation to user content, including feedback, is irrevocable and will therefore continue after expiry or termination of any of the agreements for any reason. Tradably may terminate the agreements or suspend your access to the Tradably service at any time, including in the event of your actual or suspected unauthorised use of the Tradably service and/or content, or non-compliance with the agreements. If you or Tradably terminate the agreements, or if Tradably suspends your access to the Tradably service, you agree that Tradably shall have no liability or responsibility to you and Tradably will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Tradably account, please contact us through the customer service contact email which is available on our website. This section will be enforced to the extent permissible by applicable law. You may terminate the agreements at any time.

Any sections of the agreements that, either explicitly or by their nature, must remain in effect even after termination of the agreements, shall survive termination.

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

  1. Immediate, temporary or permanent withdrawal of your right to use our site.
  2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
  3. Issue of a warning to you.
  4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  5. Further legal action against you.
  6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

 

Intellectual Property and Limitations on Use

All rights, title and interest in and to the services, including all content pursuant to the services remains and/or shall be the copyright or intellectual property of either Tradably or third parties providing the data.

You may not use the services, including all content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our consent.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any content obtained from the service unless with our consent.

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.
We hereby grant you a personal, limited, worldwide, royalty-free, non-assignable, non-transferable, revocable, non-exclusive license (without the right to sub-licence) to use the services and content for the sole purpose of enabling you to use and enjoy the benefit of the services in a manner prescribed by these terms. Such license is subject to these terms and does not include the distribution of any content, modifying or otherwise making any derivative uses of the services or the content (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the services, content or information contained therein except as expressly permitted on the services, and any use of the services or content other than for their intended purposes.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

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 or download any part of our site in breach of these terms of use, 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 agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Tradably service is to uninstall any Tradably software and to stop using the Tradably service. While Tradably accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to Tradably, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.

To the fullest extent permitted by law, in no event will Tradably, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the Tradably service, third party applications, or third party application content, regardless of legal theory, without regard to whether Tradably has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the Tradably service, third party applications, or third party application content more than the amounts paid by you to Tradably during the prior twelve months in question, to the extent permissible by applicable law.

Nothing in the agreements removes or limits Tradably’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

 

User Must Comply with Applicable Laws

The site is based in the Singapore. We make no claims concerning whether the site content may be downloaded, viewed, or be appropriate for use outside of Singapore. If you access the site and/or the site content from outside of Singapore, you do so at your own risk. Whether inside or outside of Singapore, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Singapore controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the site content to countries or persons prohibited under the export control laws. By downloading the site content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the site content.

Jurisdictional Matters

Our services are owned by us in Singapore or such other jurisdiction where our subsidiaries, affiliates or related companies are incorporated. We make no representation that our services are appropriate or available for use outside of Singapore or other applicable jurisdiction. If you choose to access or use our services from any location, to do so shall be at your own risk and you shall be solely responsible for compliance with local and international laws applicable in such location, if and to the extent such laws are applicable. Any access to or use of our services is prohibited where it is not allowed by law.

Our services are hosted in Singapore. You consent to having your personal information, including your user content, transferred to and processed in Singapore or such other jurisdiction where our servers may be located. You also acknowledge that your purchase of and access to and use of the services and the content may be subject to local and international laws applicable in Singapore or such other jurisdiction where our servers may be located, and it shall be your sole responsibility to ensure that you purchase, access or use the services and the content only in compliance with such applicable laws.

General terms

In case any provision in these terms shall be, or at any time shall become invalid, illegal or unenforceable in any respect under any law, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provisions of these terms.

No exercise or failure to exercise or delay in exercising any right, power or remedy vested in us under or pursuant to these terms shall constitute a waiver by us of that or any other right, power or remedy.

These terms constitute the entire agreement and understanding between you and us in connection with the services and supersede all prior oral or written communications, representations or agreements between you and us in relation to the subject matter of these terms.

 

Any third party shall not be entitled to enforce any provisions of these terms which may confer a benefit on that third party, whether any such entitlement would, but for this provision, arise under the contracts (rights of third parties) act (cap. 53b) or otherwise.

These terms shall be governed by and construed in accordance with the laws of Singapore.

Any dispute arising out of or in connection with these terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the arbitration rules of the Singapore International Arbitration Centre (“SIAC rules”) for the time being in force, which rules are deemed to be incorporated by reference into these terms. The tribunal shall consist of one (1) arbitrator to be appointed by us. The language of the arbitration shall be English.