Disclaimer

Disclaimer 2018-04-20T03:24:41+00:00

The following terms and conditions (“Terms”) govern your use and access of the https://www.sdix.sg which is owned and operated by or on behalf of [the Singapore Diamond Investment Exchange Pte Ltd and SDiX Depository Pte Ltd (collectively “SDIX”)] (“Site”) and all content or web pages thereunder, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available therein and the functionalities or services provided therein (collectively the “SDIX Materials”). By using the Site or the SDIX Materials, you are indicating your acceptance and agreement to the Terms below. If you do not accept the Terms, you must stop using/accessing this Site and the SDIX Materials.

 

General use and access

Guidelines to the use of Site: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use and/or access of the Site and/or the SDIX Materials, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Site. If you do not accept the amendments, you must stop using/accessing the Site and the SDIX Materials.

Changes to the Site and/or SDIX Materials: SDIX may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Site or any information, functionalities, services or products provided therein, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Site, SDIX Materials or associated information, functionalities, services or products.

Restricted activities: You agree and undertake NOT to: (i) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Site’s data or damage or interfere with the operation of another user’s computer or mobile device or the Site; (ii)  post, promote or transmit any materials or information through the Site which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the Site or the operation of the Site; (iii) use the Site other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws, or view, listen to, download, print or use the Materials other than as allowed under applicable laws; or (iv) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.

Contents of transmissions or communications: With respect to all contents of transmissions or communications you make or submit through the Site, we shall be free to reproduce, use, disclose, host, publish, transmit and distribute all such contents of transmissions or communications or any part thereof to others without limitations, and you hereby grant to us and our agents, a non-exclusive, world-wide, royalty-free, irrevocable licence and right to do the same.

 

General

Governing Law: Use of the Site and these Terms shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.

Amendments to Agreement: We may by notice through the Site or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of this Agreement, such variation to take effect on the date we specify which shall generally be no less than 7 days from the date of the notice. If you use the Site after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Site and the SDIX Materials. Our right to vary these Terms in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to this Agreement.

Sub-contracting and delegation: We may delegate or sub-contract the performance of any of our functions in connection with the Site.

Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights under these Terms to any third party.

Force Majeure: Neither SDIX  nor it’s licensors, subsidiaries, agents or service providers, shall be liable for any non-performance, error, interruption or delay in the performance of any obligations under these Terms or in the Site’s operation, or for any inaccuracy, unreliability or unsuitability of the SDIX Materials or any of the Site’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond SDIX’s or it’s licensors’, subsidiaries’, agents’ or service providers’ reasonable control (which includes acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom we are not responsible for).

Severability: The invalidity or unenforceability of any of the provisions in these Terms shall not adversely affect or impair the validity or enforceability of the remaining provisions of these Terms.

Waiver: In the event of a breach of these Terms by you, our failure to enforce these Terms shall not constitute a waiver of these Terms, and such failure shall not affect the right later to enforce these Terms. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms.

Translation: If these Terms are translated into a language other than English, the English text shall prevail.

Order of Precedence: In the event of an inconsistency or conflict between any provision(s) of these Terms and any provision(s) in the Rules, the provision(s) in the Rules shall prevail.

Rights of Third Parties: A person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or other similar laws to enforce any of these Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms.

Termination: You agree that SDIX may, at its sole discretion, deny you access to the Site for any reason, including without limitation, if SDIX believes that you have violated or acted inconsistently with any terms or conditions set out herein, or if in SDIX’s opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to this Site.

Disclaimer

The Site and the SDIX Materials have been made available for your use on an “as is” and “as available” basis, and at your sole risk. Although SDIX endeavours to ensure that the information contained herein is accurate, SDIX assumes no responsibility and makes no representation or warranty on the accuracy, validity or completeness of the materials or information contained in the Site and/or the SDIX Materials. SDIX and its directors, officers, employees, agents and subcontractors shall not be liable for any errors or omissions (including but not limited to errors or omissions of third parties) in the materials or information contained on or provided through the Site and/or the SDIX Materials. Neither SDIX nor any of its directors, officers, employees, agents or subcontractors shall be liable for any damages, loss, costs, charges or expenses (including but not limited to any direct, indirect, incidental, special, consequential or punitive damages or economic loss or any claims for loss of profits or loss of use) whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with any access, use or inability to use the Site and/or the SDIX Materials, including but not limited to your reliance on any materials or information contained in the Site and/or the SDIX Materials , even if SDIX or its agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.

No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the SDIX Materials or the Site.

Any materials or information presented via the Site and/or the SDIX Materials is made available as general information for general circulation only, and is subject to change without notice. You must make your own assessment of the relevance, accuracy, adequacy and reliability of the materials or information provided in the Site or SDIX Materials and make such independent investigations as you may consider necessary or appropriate for the purpose of such assessment. Any opinion or estimate provided in the Site and/or the SDIX Materials is made on a general basis and is not to be relied on by you as advice. Accordingly, no warranty whatsoever is given and no liability whatsoever is accepted for any loss arising whether directly or indirectly as a result of you acting on any materials, information, view, opinion, projection or estimate provided in the Site and/or the SDIX Materials. SDIX reserves the right to make changes and corrections to any of the aforesaid at any time, without notice.

The Site and the SDIX Materials are not intended to provide specific investment, tax or legal advice or to make any recommendations about the suitability of any investments or products for any particular investor. No consideration has been given to the specific investment objective, financial situation and particular needs of any specific person, and the information herein should not be used as a substitute for any form of advice. You should seek your own independent financial, legal, regulatory, tax or other advice before making an investment in the investments or products. In the event that you choose not to seek advice from a relevant adviser, you should consider whether the investment or product is suitable for you.

SDIX controls and maintains the Site from Singapore and makes no representation that the materials or information provided on or via the Site is appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws.

SDIX does not represent or warrant that the Site or SDIX Materials functions without error or interruption or that there would be no delay, interruption or interception in data transmission. In addition, due to the inherent unreliable and unsecured nature of the Internet and other telecommunication channels as a medium of data transmission, you acknowledge that such transmission may be delayed, interrupted and/or intercepted. Regardless of any security measures taken by SDIX, SDIX shall assume no responsibility whatsoever for any loss or expense resulting from such delays, interruptions and/or interceptions.

Where SDIX provides hypertext links to third party websites, such links are not an endorsement by SDIX of any products or services provided on or via such websites. The use of such links is entirely at your own risk and SDIX accepts no responsibility or liability for the content, use or availability of such websites or for the timeliness, accuracy or completeness or any services, information, data or content contained in or provided on or via such websites. SDIX makes no representations as to having reviewed or verified the truth, accuracy, reasonability, reliability, completeness of the service, information, data or content of such websites.

SDIX, or the relevant owner, reserves and retains all rights (including copyrights, trademarks, patents as well as any other intellectual property right) in relation to its services and all content, information and data contained in or provided on or via the Site and/or the SDIX Materials (including all texts, graphics and logos). You may not do anything that will violate or infringe such intellectual property rights and, in particular, you shall not copy, download, publish, distribute, transmit, disseminate, sell, broadcast, circulate, exploit (whether for commercial benefit or otherwise) or reproduce any of the information or content contained in or provided on or via the Site or the SDIX Materials in any form without the prior written consent of SDIX or of the appropriate owner. Further, no part or parts of the Site or any SDIX Materials may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system without the prior written permission of SDIX or other copyright owners. However, you may print out a copy of the information contained on the Site for your own personal use only, provided that you do not modify the information or any SDIX Materials and that you retain all copyright and other proprietary notices contained in the information and/or SDIX Materials. Save as expressly provided otherwise in these Terms, you acknowledge that you are not granted any licence, interest or right by virtue of your use of or access to the Site and/or SDIX Materials.

Links to any SDIX Materials or to websites owned or operated by SDIX are not permitted without the prior written consent of SDIX.

The Singapore Diamond Investment Exchange Pte Ltd is not a member of the World Federation of Diamond Bourse and it is not a “diamond exchange” affiliated with the World Federation of Diamond Bourses.