Membership Terms and Conditions

IMPORTANT TERMS

A reference to this "Website" is to http://www.investmag.net/ and http://www.shareinvestor.com/ (and/or such other websites as may be determined by us from time to time) and any pages thereof including but not limited to the information, text, images, links, sound, graphics and video sequences displayed therein or transmitted via the services offered therein ("Materials").

By subscribing and registering as a "User" of the SI Station software (this "Software"), you signify your acceptance to enter into this Subscription Agreement with us and be bound by the terms and conditions set out fully below. If you do not agree to the terms and conditions below, please do not register or install copy or use this Software. We will not grant access to use this Software to anyone below 21 years of age.

We, ShareInvestor Pte Ltd, strongly suggest that you carefully read through the entire terms and conditions, however we have highlighted a few of the more important terms here :



  1. Whenever you supply us with information about yourself, it must be accurate, complete and current. While we permit the use of pseudonyms, pen names or handles, we discourage users of this Website from adopting false persona, identities or characteristics. We will not hesitate to take swift and strong action, including legal action, against any user if any aspect of impersonation and cheating comes to our knowledge.

  2. You must take all measures and steps as may be necessary to protect your user identification code and/or password. You must notify us if you become aware of or you reasonably believe that there is any unauthorised use of your user identification code and/or password, or any other breach of security. We expect maximum co-operation from you in all such investigations.

  3. We respect the intellectual effort and creation of others at this Website. Please ensure that before you post or share any third party materials on this Website such as photographs, charts, graphs and other write-ups you have obtained actual permission from the author or publishers of such materials. A mere acknowledgement to these authors or publishers may not be sufficient if you as the user go beyond what is fair dealing in such materials by depriving these authors and publishers of their opportunities for dealing commercially with these materials. IT IS YOUR JUDGMENT IN EVERY INSTANCE AS TO WHETHER WHAT YOU HAVE MADE AVAILABLE ON THE WEBSITE TO THE COMMUNITY IS FAIR. You shall be solely responsible for any infringing material you post and that we shall not be responsible for any infringing material posted by you. When you are in doubt do not put up these materials at all.

  4. Our mission is to build a trustworthy and lawful community of sophisticated investors by leveraging the power of internet technologies to provide a platform for the sharing of financial news, data & information. We will not tolerate and strictly prohibit the posting or disclosure of the following types of information on this Website and we will not hesitate to take swift and strong action, including legal action, against any user who chooses to go against such prohibition :

    1. unreliable or untrue statements;

    2. messages that amount to advertising, touting or offers to sell, buy or otherwise transact in any products or services;

    3. price sensitive information protected by insider-dealing rules, business trade secrets, proprietary information and information that may embarrass or harm others, financially or otherwise;

    4. materials that are libellous, harassing, vulgar, irreligious or otherwise objectionable.

  5. As stated above, we are in the business of providing directory services or forums for discussion whereby investors can share information with each other and in so doing become better investors. The services information and data made available via this Software and/or this Website including facts, views, advice, analyses, opinions and recommendations of individuals and organisations are for general information purposes only. It is not intended as investment advice and must not be relied upon as such, we and our third party information providers are not giving or purporting to give or representing or holding ourselves out as giving personalised financial, investment, tax, legal and other professional advice. Any facts, views, advice, analyses, opinions and recommendations expressed or made available by any individual or organisation are those of the respective author(s). We cannot and do not endorse, and cannot be responsible for such facts, views, advice, analyses, opinions and recommendations expressed, or advocate any commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion of a link to other web site(s) or resources imply any form of endorsement by us. You must always seek the relevant professional advice before otherwise making any such financial, legal or commercial decisions. WE DO NOT PROMULGATE OR PUBLICISE ANALYSES OR REPORTS AS PART OF OUR REGULAR BUSINESS. ANY ANALYSES OR REPORTS THAT MAY APPEAR ON THIS WEBSITE ARE MERELY INCIDENTAL TO OUR MAIN BUSINESS. We, our related companies, and our directors, officers, agents, employees or contractors do not (a) give any representation or warranty as to the reliability, accuracy or completeness of any information made available via this Software and/or this Website; or (b) warrant that any of the functions contained in any information made available via this Software and/or this Website or your access to this Software and/or this Website will be uninterrupted or error-free.

  6. We reserve the right, at our discretion, to change, modify, add, or remove part or parts of these terms and conditions at any time and any such change, modification, addition or deletion shall be effective upon its posting at this Website. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED SUBSCRIPTION AS A USER AND/OR USE OF THIS SOFTWARE AND/OR THIS WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

OPERATIONAL PROVISION

1. Definitions and Interpretation

1.1 This "Agreement" means the following provisions as from time to time amended, modified or varied.

"Registration Form" means the subscription/registration form found at http://www.investmag.net/ (or at such other website as SI may determine from time to time) which has to be completed in order to register and subscribe for the use of the Services, this Software and this Website.

"Information Providers" means the third parties providing the data and information displayed on this Website or utilised on the Services.

"Loss" includes loss, damage, costs, charges and/or expenses of whatsoever nature and howsoever arising whether direct, indirect, joint, several, actual, contingent or otherwise (including legal fees on a full indemnity basis).

"Registration Information" means any and all information provided in the Registration Form.

"Services" means access via this Software and/or this Website to retrieve and/or receive data, information, reports, opinions and news in various formats relating to foreign exchange, equity and debt markets, including such data or information provided by Information Providers; chat rooms, discussion forums and other message exchange facilities; calendaring tools; such other software (as is necessary) to access such information, data and services; registration, login and customisation facilities; and any other additional features for this Software and/or Website as may be introduced from time to time by SI.

"SI" means ShareInvestor Pte Ltd.

"Users" mean persons who have registered with SI under these terms pursuant to the Registration Form and who can gain access, view and interact with this Software and/or Website, and "User" shall mean any one of them.

"User's Account" means the facility provided to the registered User for uniquely identifying that person as a User of this Software and/or this Website and for so accessing the Services.

1.2 The headings to the clauses hereof are for ease of reference only and shall not be taken into account in the interpretation or construction of this Agreement or any clause(s) hereof. In this Agreement, unless the context otherwise requires, words denoting the singular number only shall include the plural and vice versa, reference to any clause is to a clause of this Agreement, and words denoting any one gender shall include any and all other genders. The recitals to this Agreement found at the beginning of this Agreement and labelled as "Important Terms" shall be and form an integral part of this Agreement.

2. Services

2.1 User warrants that all his personal particulars provided to SI pursuant to the Registration Form and from time to time is accurate, complete and current. SI will provide User with a User's Account, to be accessed by way of the SI issued user identification code and a password. All applications for subscription shall be subject to the approval of SI which shall be final.

2.2 Subject to SI's approval of subscription and Clauses 2.3, SI shall provide to User the relevant Services subscribed and paid for by User under the various types of subscriptions offered by SI from time to time, but this shall be without prejudice to the right of SI, if in its sole discretion it deems appropriate, to vary, discontinue or change any part of the Services at any time, including but not limited to the removal of content on its news service, and the blocking or filtering of data and Materials for whatever reason, without having to give prior notice to the User. For the avoidance of doubt and without prejudice to the generality of this clause, SI does not conduct any form of editing, blocking or filtering of data or Materials made available via this Software and/or this Website. IN THE PREMISES SI EXPECTS ALL USERS TO COMPLY WITH ALL RELEVANT LAWS, AS WELL AS THE RULES SET OUT IN CLAUSE 4.4, AND UPON RECEIVING REASONABLE NOTIFICATION, WILL TAKE IMMEDIATE STEPS TO ENSURE THAT THE LAW AND THE RULES ARE OBSERVED AND COMPLIED WITH INCLUDING THE REMOVAL OF ANY DATA OR MATERIALS MADE AVAILABLE BY USERS TO THIS SOFTWARE AND/OR THIS WEBSITE AND TERMINATION OF ANY USER'S ACCOUNT, IN SI'S SOLE DISCRETION.

2.3 The User shall upon receiving approval from SI of his subscription application pay in advance all such subscription fees and charges for the relevant Services subscribed for at the applicable rate indicated in the Registration Form or such other rates as may be prescribed by SI from time to time before access to the relevant Services are granted. Activation of the relevant Services will be made as soon as is practicable after receipt by SI of the subscription fees and charges from the User. If a User wishes to continue using the Services after expiry of his subscription, the User must pay SI the prevailing subscription renewal fees and charges. Users will be notified of the prevailing renewal subscription fees and charges not less than fourteen (14) days prior to the expiration of the subscription. All sums paid to SI at any time shall not be refundable even if the User chooses not to use the Services.

2.4 All subscription fees and charges are exclusive of taxes and bank charges which may be imposed when the User makes payment to SI. All such taxes and bank changes payable shall be borne solely by the User.

2.5 SI reserves the right to vary the subscription fees and charges described above on such terms and conditions as may be prescribed by SI, upon giving notice to the User.

2.6 In the event that a User does not make payment of any sums due to SI within the period(s) stated in any written notice given to a User, SI shall have the right to charge interest on the outstanding amount (at SI's usual rate) from the date when such payment is due as so stated in the said written notice until the date of full payment (both before and after judgement) or otherwise terminate the provision of the relevant Services to the User.

2.7 Without prejudice to any of the other provisions of this Agreement and to any other rights and remedies which SI may possess, the User shall at all times be liable for and shall indemnify SI against all costs and expenses (including legal costs on a full indemnity basis) which SI may sustain, incur, suffer or pay in protecting or enforcing any rights under this Agreement (including but not limited to the User's failure to pay fees or charges when due).

3. Access and Use

3.1 SI's only responsibility is to make available the Services. As such, the User shall: a) be solely responsible for the set-up, configuration or compatibility of his hardware, equipment and software for access to the Services (including such changes as may be made to the Services by SI from time to time) and shall provide at his own expense all facilities or resources necessary for such proper access to the Services including without limitation power points, electricity, conduits, pipes, access, license, or easement; b) comply with the rules of any network through which the User accesses the Services; and c) be solely responsible for all Materials and information retrieved, stored and transmitted through the Services by him. SI shall not be liable for any loss or damage suffered by the User as a result of the User's failure to carry out his obligations as stated in this clause.

3.2 As a responsible user of the Services, the User agrees to: a) access the Services only via his User's Account, by using his issued user identification code and his password; b) take all such measures and steps as may be necessary (including but not limited to changing his password from time to time and choosing non-obvious passwords) to protect his user identification code and/or password and to prevent unauthorised use of his User's Account and publication of his user identification code or password; c) notify SI if the User becomes aware of or reasonably believes that there is any unauthorised use of his User's Account or any other breach of security, and to co-operate with SI in all such investigations; d) comply with all notices, directions or instructions given by SI from time to time in respect of the use of the Services; and e) obtain the prior written approval of SI if the User reasonably contemplates that using the Services for any activity would or is likely to generate a change in traffic in excess of the User's normal usage and/or is likely to interfere with the usage of the Services by other Users of this Software and/or this Website.

3.3 The User undertakes: a) to comply with and shall not contravene all applicable laws, regulations and directives including, without limitation, the laws of Singapore, relating to the use of the Services; b) not to use or permit anyone to use the Services for any unlawful purposes, and c) not to allow any person or individual to use the Services or to share the Services with such person or individual.

3.4 The User agrees that the Services and the Materials and information appearing on or made available via this Software and/or this Website are for directory and informational purposes only.

4. Intellectual Property and Limitations on Use

4.1 All Materials appearing within or made available via this Software and/or this Website or pursuant to the Services remains and/or shall be the copyright or intellectual property of either SI, its Information Providers or third parties (as the case may be). All Materials posted by a User on this Website or via this Software shall be deemed in consideration of the provision of the Services to be assigned to SI by virtue of posting herein except for Material belonging to third parties which shall remain the copyright or intellectual property of such third parties.

4.2 The User agrees that the Services may only be used for the User's own and non-commercial use, and not for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else, and not for posting to forums, newsgroups, mailing lists, electronic bulletin boards, Internet Relay Chats or other websites.

4.3 The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials, information, data, software, products or services obtained via the Services and/or this Software and/or this Website.

4.4 The User is expected to comply with all relevant laws concerning electronic communications, the exchange of messages and the dissemination of confidential secret or proprietary information especially with regard to the subject matter of securities and securities trading. In particular, in the chat rooms, discussion forums and other message exchange facilities, User :

(a) CANNOT assume a false personal or identity of some other User or person when transmitting messages or posting materials, or generally when using the Services;
(b) CANNOT transmit messages that are false, unreliable, libellous, harassing, vulgar, irreligious or otherwise objectionable;
(c) CANNOT post materials that are the subject matter of any copyright or other intellectual property rights claimed or owned by any third party;
(d) CANNOT transmit messages that amount to advertising, touting or sale of, or offer to sell, any product or service;
(e) CANNOT transmit information that are price sensitive and protected by insider-dealing rules, business trade secrets, proprietary information and information that may embarrass and harm other, financially and otherwise; and
(f) CANNOT use the Services for any unlawful or illegal activities.

4.5 The User acquires no rights to the user identification code or password assigned to him by SI and SI reserves the right to change the name at its sole discretion without being liable to the User for any Loss suffered.

4.6 Use of any robot, spider, other automatic device, or manual process to monitor or copy any information appearing within or made available via this Software and/or this Website by any User is strictly forbidden.

5. Data/Information Handling

5.1 As information transmitted through the Internet in general is not confidential, SI cannot and shall not guarantee the privacy of Users.

5.2 The User acknowledges and agrees that SI may from time to time share User's contact information collected from the Registration Form to advertisers to send the User promotional material and advertisements unless specifically stated otherwise. Demographic and profile data is also collected at this Website. SI uses this data to tailor the User's experience at this Software and/or this Website and showing to Users content that SI thinks they might be interested in, and displaying the content according to the User's preferences.

5.3 SI reserves the right to disclose part or all information concerning the User and his use of the Services at such time and in such manner as is permitted or required by law to the relevant authorities.

5.4 The User acknowledges and agrees that SI may from time to time access his User's Account and other parts of the Services as necessary to identify, investigate or resolve technical problems or to respond to service complaints. The User acknowledges and agrees that certain technical processing of information is and may be required.

(a) to send and receive such data;
(b) to perform planning and scheduling functions;
(c) to conform to the technical requirements of connecting networks;
(d) to conform to the technical requirements of the Services; or
(e) to conform to other similar technical requirements.

6. Suspension and Termination

6.1 A User may terminate his User's Account with SI through the use of the relevant function when he accesses his User's Account.

6.2 However, a User's continued use of this Software and/or any of the Services is deemed to be his continued acceptance of the terms and conditions contained in this Agreement, for such part or parts of the Services, and be bound by them.

6.3 SI may suspend or even terminate a User's Account and User's access to all or part of this Software and/or the Services (with no refund of any sums paid) with immediate effect if: a) in the sole opinion of SI, the User has breached any of the terms or conditions of this Agreement; b) the User has at any time provided any false or incomplete information to SI; c) in the sole discretion of SI, SI suspects that the User's Account has been accessed in an unauthorised manner or that the security of the User's Account has been compromised in any way; d) in the opinion of SI or any regulatory authority, it is illegal or not in the public interest to continue providing the Services to the User for any reason whatsoever; e) the User dies or is declared a bankrupt; or f) in the sole discretion of SI, SI decides to withdraw or terminate all or part of the Services or this Website.

6.4 SI also reserves the right to withdraw or terminate all or part of the Services, or even to terminate this Website, in its sole discretion and for its own reasons.

6.5 In the event of termination of a User's Account, User's access to all or part of the Software and/or the Services and/or this Website for whatever reason, SI shall not be liable to any User or third party for any failure and any consequence arising from such failure to access, use or provide all or part of the Services and/or this Software and/or this Website.
6.6 Upon termination of a User's Account, the User agrees to destroy all copies of this Software and its documentation including any Software stored on the hard disk of any computer under the User's control.

7. Disclaimer

7.1 The Services, Materials, information and data made available via this Software and/or this Website including facts, views, advice, analyses, opinions and recommendations of individuals and organisations are provided and made available for general information purposes only. It is not intended as investment advice and must not be relied upon as such, SI and its Information Providers are not giving or purporting to give or representing or holding ourselves out as giving personalised financial, investment, tax, legal and other professional advice. Users shall always seek the relevant professional advice before otherwise making any such financial, legal or commercial decisions.

7.2 SI cannot and do not endorse, and cannot be responsible for, the messages, views, advice, analyses, opinions and recommendations of its Information Providers, Users, any individuals or organisations, or advocate any commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion in the Services of a link to other web site(s) or resources imply any form of endorsement by SI.

7.3 SI has no obligation to and does not actively review or edit the messages, views, advice, analyses, opinions and recommendations of Users even if such messages, views, opinions and recommendations are made by Users using the Services. HOWEVER, SI EXPECTS ALL USERS TO COMPLY WITH ALL RELEVANT LAWS, AS WELL AS THE RULES SET OUT IN CLAUSE 4.4, AND UPON RECEIVING REASONABLE NOTIFICATION, WILL TAKE IMMEDIATE STEPS TO ENSURE THAT THE LAW AND THE RULES ARE OBSERVED AND COMPLIED WITH INCLUDING THE REMOVAL OF ANY INFORMATION OR MATERIALS MADE AVAILABLE BY USERS IN SI'S SOLE DISCRETION.

7.4 While the Materials and information made available via this Software or this Website have been obtained from external third party sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons.

7.5 No such data, news, information, reports or opinions or recommendation made available via the Services or this Software or this Website is to be construed as an offer, solicitation or recommendation to any person or class of persons to buy any of the securities or class of securities referred to in the Services or this Software or this Website or to use the services of any advertiser herein. SI accepts no liability for any Loss arising out of the use of the information or recommendations made available via the Services or this Software or this Website.

7.6 The information and data made available via the Services presented in text, graphics or whatever form, may include inaccuracies or errors and SI and its Information Providers reserve the right to periodically make changes to the information or data made available via the Services.

7.7 While periodically updated data feeds (including stock quotes, currency rates or other price or information feeds (if any)) as available from the Services are generally believed to be timely and accurate, SI cannot and do not make any representation or warranty as to its accuracy or completeness.

7.8 Due to the inherent hazards of electronic distribution, the User agrees and accepts that the Services may be unavailable from time to time due to required maintenance, telecommunications or electronic or other systems failures or interruptions (whether of SI or any third party) or other disruptions. SI shall not be liable to any User for any Loss suffered by any User as a result thereof.

7.9 THE SERVICES, THIS SOFTWARE AND THIS WEBSITE ARE PROVIDED "AS IS" AND WITH ALL FAULTS. IN SO FAR AS PERMITTED BY APPLICABLE LAW AND SUBJECT TO CLAUSE 7.12, SI, ITS OFFICERS AND EMPLOYEES, ITS INFORMATION PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND OBLIGATIONS OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF CONTINUOUS SERVICES AT ANY PARTICULAR TIME, OR INTEGRITY OF DATA STORED OR TRANSMITTED VIA THE SERVICES OR THIS SOFTWARE OR THIS WEBSITE, ANY REPRESENTATION OF ANY KIND THAT THE SERVICES OR THIS SOFTWARE OF THIS WEBSITE WILL PERFORM AT ANY PARTICULAR STANDARD OR BE FREE FROM ANY BUGS, ERRORS OR REMAIN UNAFFECTED BY COMPUTER VIRUSES OR OTHER SIMILAR FEATURES AFFECTING THE PERFORMANCE OF THIS SOFTWARE OR THIS WEBSITE, AND FURTHER DISCLAIM ANY AND ALL LIABILITY FOR NEGLIGENCE AND LACK OF REASONABLE CARE.

7.10 SI SHALL NOT BE LIABLE FOR THE INADVERTENT CORRUPTION, ERASURE OF DATA TRANSMITTED OR RECEIVED OR STORED ON YOUR COMPUTER, THIS SOFTWARE OR THIS WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO YOUR COMPUTER OR THIS SOFTWARE OR THIS WEBSITE. THIS CLAUSE SHALL APPLY TO ALL CONTENTS ON YOUR COMPUTER, THIS SOFTWARE OR THIS WEBSITE.

7.11 NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY, SI SHALL NOT BE LIABLE FOR ALL OR ANY INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE TO OTHER EQUIPMENT OR PROPERTY OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OR RELIANCE ON BY ANY USER OF THE SERVICES OR THIS SOFTWARE OR THIS WEBSITE OR OF ANY INFORMATION OR MATERIALS APPEARING ON OR MADE AVAILABLE VIA THIS SOFTWARE OR THIS WEBSITE OR ANY OTHER TRANSACTIONS, SERVICES OFFERED OR CONTEMPLATED BY SI OR ITS INFORMATION PROVIDERS, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, DEFAULT OR ANY ACTS OF SI, ITS EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, LOSS OF DATA, INABILITY TO ACCESS THE INTERNET, INABILITY TO TRANSMIT OR RECEIVE INFORMATION CAUSED BY OR RESULTING FROM DELAYS OR INTERRUPTIONS, EVEN IF SI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.12 IN THE EVENT THAT (I) ANY LIMITATION OR PROVISION CONTAINED IN THIS AGREEMENT IS HELD TO BE INVALID FOR ANY REASON; AND/OR (II) SI BREACHES ANY OF ITS OBLIGATIONS IN THIS AGREEMENT AND SI BECOMES LIABLE FOR LOSS OR DAMAGE THAT WOULD OTHERWISE HAVE BEEN EXCLUDED HEREUNDER OR EXCLUDABLE UNDER THE GOVERNING LAW AS DEFINED IN CLAUSE 11, SI'S TOTAL LIABILITY TO ANY PARTICULAR USER SHALL BE LIMITED TO THE SUBSCRIPTION FEES AND CHARGES PAID BY THAT USER AND RECEIVED BY SI OR SUCH OTHER APPLICABLE LIMIT ON DAMAGES AS MAY BE FURTHER AND/OR SUBSEQUENTLY AMENDED BY SI.

7.13 THE LIMITATION ON DAMAGES SPECIFIED IN CLAUSE 7.12 ABOVE APPLIES TO LOSS AND DAMAGES OF ALL TYPES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES INCURRED BY THE USER THAT ARE CAUSED BY RELIANCE ON OR USE OF THE SERVICES OR THIS SOFTWARE OR THIS WEBSITE. THIS LIMITATION ON DAMAGES APPLIES AS WELL TO LIABILITY UNDER CONTRACT, TORT AND ANY OTHER FORM OF LIABILITY CLAIM. THE LIMITATION ON DAMAGES SHALL BE THE SAME REGARDLESS OF THE NUMBER OF TRANSACTIONS OR CLAIMS RELATED TO ANY ONE PARTICULAR USER. IN THE EVENT THAT THIS LIMITATION ON DAMAGES IS EXCEEDED, THE AVAILABLE LIMITATION ON DAMAGES SHALL BE APPORTIONED FIRST TO THE EARLIEST CLAIMS TO ACHIEVE FINAL DISPUTE RESOLUTION, UNLESS OTHERWISE ORDERED BY A COURT OF COMPETENT JURISDICTION. IN NO EVENT SHALL SI BE OBLIGATED TO PAY MORE THAN THE LIMITATION ON DAMAGES AS SPECIFIED IN CLAUSE 7.12, REGARDLESS OF THE METHOD OF APPORTIONMENT AMONG CLAIMANTS TO THE AMOUNT OF THE LIMITATION ON DAMAGES. THE USER AGREES THAT THE LIMITATION ON DAMAGES REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A REASONABLE LIMITATION.

7.14 The User shall take all necessary measures to preclude SI from being made a party to any lawsuit or claim regarding the use of the Services or this Software or this Website.

7.15 The User shall indemnify SI against any and all Loss suffered by SI to any person as a result of any act or omission of the User (including posting made by the User) in relation to the use of the Services and/or this Software and/or this Website and/or any breach of this Agreement.

8. Complaints Procedure

8.1 In the event a User wishes to complain about any aspect of the Services provided or against another User who has breached any of the terms and conditions of this Agreement, the User should put his complaint in writing. In making such a complaint, the User should set out the facts supporting the complaint and the conclusion he has drawn from those facts. In other words, state what actually has happened and why the User feels that such events warrant a complaint. The User should also include copies of all relevant documents and furnish full personal particulars, including name, address, NRIC number, as well as phone and fax number and e-mail address. All User's complaints should be addressed to:

ShareInvestor Pte Ltd
82 Genting Lane #03-01
Media Centre Annex
Singapore 349567

8.2 8.2 SI will normally acknowledge receipt of the User's complaint within seven (7) working days of receiving it and SI aims to provide a full response within the period stated in the acknowledgement. However, where SI needs to ask for further information, it may take longer to respond to the User's complaint. If, on the other hand, SI reasonably anticipates providing a quick full response, SI may not send a separate initial acknowledgement. If SI is unable to help, SI will provide the User with an explanation. SI EXPECTS ALL USERS TO COMPLY WITH ALL RELEVANT LAWS, AS WELL AS THE RULES SET OUT IN CLAUSE 4.4, AND UPON RECEIVING REASONABLE NOTIFICATION, WILL TAKE IMMEDIATE STEPS TO ENSURE THAT THE LAW AND THE RULES ARE OBSERVED AND COMPLIED WITH INCLUDING THE REMOVAL OF ANY INFORMATION OR MATERIALS MADE AVAILABLE BY USERS AND TERMINATION OF ANY USER'S ACCOUNT, IN SI'S SOLE DISCRETION.

8.3 SI may not be able to help a User if that User's complaint is subject to litigation or is pending before the courts.

8.4 SI will also not investigate any complaint which is beyond the scope of this Agreement, including but not limited to any complaint concerning matters that do not relate to the Users, the terms of their subscription, the Services provided hereunder, any other matter not touched upon by these terms and conditions or any matter which is properly disposed of by any regulatory or dispute resolution body. In particular, this includes the provision of investment advice, terms of takeover offers, and any complaint a User may have about the commercial management of a quoted company. If SI believes that the complaint should be handled by another regulatory or dispute resolution body, SI will send it to the appropriate body and let the User know that SI is doing so.

8.5 If SI considers that a complaint made by a User is vexatious or frivolous, SI will advise that User complainant that no action will be taken. In addition that User shall bear all reasonable incidental expenses incurred by SI in the investigation of such complaint.

9. Copyright Complaints

9.1 If any User believes that his copyrighted work has been copied and is accessible via this Software and/or Website in a way that constitutes copyright infringement, that User shall provide SI the following information by way of written notice :

9.1.1 User's physical signature or that of the person authorised to act on the User's behalf.

9.1.2 a description of the copyrighted work that the User claims has been infringed and a description of the infringing activity.

9.1.3 identification of the location where the original or an authorised copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the name of the book in which it has been published.

9.1.4 identification of the URL or other specific location on this Software and/or this Website where the material that the User claims is infringing is located, including enough information to allow SI to locate the material.

9.1.5 User's full name, address, telephone number, and email address.

9.1.6 a statement by the User that he has a good faith belief that the disputed use is not authorised by him, his agent, or the law.

9.1.7 a statutory declaration made by the User that the above information in the User's written notice is accurate and that the User is the copyright owner or authorised to act on the copyright owner's behalf.

9.2 SI will respond to the User according to its legal obligations under the laws of Singapore. SI EXPECTS ALL USERS TO COMPLY WITH ALL RELEVANT LAWS, AS WELL AS THE RULES SET OUT IN CLAUSE 4.4, AND UPON RECEIVING REASONABLE NOTIFICATION, WILL TAKE IMMEDIATE STEPS TO ENSURE THAT THE LAW AND THE RULES ARE OBSERVED AND COMPLIED WITH INCLUDING THE REMOVAL OF ANY INFORMATION OR MATERIALS MADE AVAILABLE BY USERS AND TERMINATION OF ANY USER'S ACCOUNT, IN SI'S SOLE DISCRETION.

10. General

10.1 Severability

If any provision in this Agreement is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect and the parties to this Agreement shall use their best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.

10.2 Agency

This Agreement creates no agency, partnership, joint venture or employment and neither the User, his agents, the Information Provider nor its agents have any authority to bind SI in any respect whatsoever.

10.3 Third Party Rights

A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 2001 or any statutory modification or re-enactment thereof for the time being in force to enforce or enjoy the benefit of any of its terms.

10.4 Notices

At SI's sole discretion, all notices given to Users under this Agreement may be by way of postal mail, telefax, electronic mail addressed to the User at his relevant address as set out in the Registration Form or by way of posting at this Website. The User agrees that any such notice shall be deemed to have been duly served immediately (if given by telefax, electronic mail or posting at this Website) or two days after posting (if given by way of postal mail) and in proving the same it shall be sufficient to show that the envelope containing the same was duly addressed, stamped and posted.

10.5 Assignment

Save as expressly provided in this Agreement, the respective rights and obligations of the parties hereunder shall not be assignable or transferable Provided always that SI shall be entitled to assign or transfer its respective rights and obligations hereunder to any third party after giving the User seven (7) days notice of such assignment or transfer.

10.6 No Waiver

No forbearance, delay or indulgence by SI in enforcing the provisions of this Agreement shall prejudice or restrict SI's rights nor shall any waiver of its rights operate as a waiver of any subsequent breach and no right, power or remedy herein conferred upon or reserved for SI is exclusive of any other right, power or remedy available to SI and each such right, power or remedy shall be cumulative.

11. Governing Law and Jurisdiction

  By using and accessing this Software and/or this Website, the User agrees that Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Singapore Electronic Transactions Act (Chapter 88), shall govern such use and access as well as the above terms and the User agrees to submit to the exclusive jurisdiction of the Singapore courts.