The Terms of Use stated herein constitute a legal agreement between you and BuoyTrade Private Limited (“BuoyTrade”, “us”, “we” and “our”), a company incorporated pursuant to the laws of Singapore.
These Terms of Use govern your access and use of the buoytrade.com website ("Platform"), whether as a guest or as are gistered user. Before using the Platform or any services, information or functions made available by BuoyTrade in the Platform ("Services"), you must read carefully and accept these Terms of Use, Privacy Policy and all other terms and conditions and policies pertaining to the use of the Platform and/or Services (collectively "BuoyTrade Terms & Conditions").
Your access to the Platform and/or using the Services signifies your acceptance of the BuoyTrade Terms & Conditions including any amendments to the same issued by BuoyTrade from time to time. If you do not agree to the BuoyTrade Terms & Conditions, please do not access and/or use this Platform and/or register for or use the Services otherwise which you will be deemed to render your unconditional consent and acceptance to the BuoyTrade Terms & Conditions.
1. USE OF THE PLATFORM AND/OR SERVICES
1.1. By using the Platform and/or Services, you agree to be bound by the Terms of Use. You are also responsible for ensuring that all persons who access the Platform through your internet connection or user account comply with the Terms of Use.
1.2. the content and materials made available to you including, but not limited to, all text, information, images, photographs, video, audio, graphics, software programmes and links found on the Platform (“Contents”) are for informational purposes only. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information and services provided by BuoyTrade.
1.3. BuoyTrade reserves the rights, at all times, (but will not have an obligation) to unilaterally and immediately remove or refuse to distribute the Contents, to refuse the Services, to suspend or terminate you, and to reclaim your User Account without any liability to us in our sole discretion. BuoyTrade also reserves the right to access, read, preserve, and disclose any information that it receives in or from our the Platform as it reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, money laundering, illegal activities, security or technical issues, (iv) respond to user support requests, (v)protect the rights, property or safety of BuoyTrade, its users and the public, and/or (vi) carry out its daily operation, activities or in the ordinary course of its business. All of which above are enforceable or executable from time to time by BuoyTrade without having to compensate you in any forms whatsoever nor provide you with any privileges, benefits or commercial rights as a result of the implementation of the abovementioned rights of BuoyTrade.
1.4. In case of any violation of the Terms of Use, BuoyTrade shall be entitled to seek all remedies available to it under law or in equity for such violations.
2. AMENDMENTS
2.1. BuoyTrade may modify the BuoyTrade Terms & Conditions at any time in its sole discretion by posting the revised BuoyTrade Terms & Conditions on the Platform and/or via an announcement on the Platform, which will be effective immediately upon posting. You should therefore read the BuoyTrade Terms & Conditions carefully each time you visit the Platform. If you do not wish to accept the revised BuoyTrade Terms & Conditions, you should not continue to use the Platform and/or Services. Your continued use and access to the Platform and/or Services after the date on which the change comes into effect shall constitute your consent to be bound by the revised BuoyTrade Terms & Conditions.
3. REGISTRATION
3.1. You must be over the age of eighteen (18) to register on the Platform. If you are below eighteen (18), you must immediately stop using/accessing this Platform and/or Services.
3.2. BuoyTrade processes your information in accordance with the Privacy Policy. By using the Platform, you consent to such processing and warrant that all information submitted to us, whether via the Platform or otherwise, is true, accurate, reliable, valid, complete and is not misleading nor violate any laws or regulations, by omission or otherwise. In the event of any change to the information provided, you must inform us immediately of the same in order for us to communicate with you effectively.
4. PASSWORD AND SECURITY
4.1. When you register to use the Platform, you will be asked to create a password. In order to prevent fraud, you are responsible for keeping your password strictly confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password, you should notify us by contacting hello@buoytrade.com immediately. BuoyTrade shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Clause 4.
4.2. If BuoyTrade has reason to believe that there is likely to be a breach of security or misuse of the Platform, BuoyTrade may require you to change your password or suspend your account.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. The Platform, any materials thereof and all Contents therein are protected by copyright, trademarks, database rights and other intellectual property rights, as applicable which are the property of BuoyTrade and/or its holding company and/or its subsidiaries and/or the subsidiaries of its holding company. As such, they may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of BuoyTrade.
5.2. Unless BuoyTrade’s prior written consent has been obtained, you may not insert a hyperlink to the Platform or any part thereof on any other website or "mirror" or frame the Platform, any part thereof, or any information or materials contained in the Platform on any other server, website or webpage.
5.3. All trademarks, service marks and logos used in the Platform are regarded as the property of BuoyTrade and/or the respective third-party proprietors identified on the Platform. No licence or right is granted and your access to the Platform and/or use of the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, service marks or logos appearing on this Website without the prior written consent of BuoyTrade or the relevant third party proprietor thereof. Save and except with BuoyTrade’s prior written consent, no such trademark, service mark or logo may be used as a hyperlink or to mark any hyperlink to the Platform or any part thereof.
5.4. You may retrieve and display the Contents on a computer screen, mobile phone screen, tablet screen (or equivalent), store such Contents in electronic form on disk (but not any server or other storage device connected to a network), download or print copies of such Contents for your own use, provided you keep intact all and any copyright and proprietary notices. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the Contents without written permission from BuoyTrade.
6. AVAILABILITY OF THE PLATFORM
6.1. Whilst BuoyTrade will use commercially reasonable efforts to make the Platform available to you without any interruption, it does not guarantee that the Platform will be fault-free. If a fault occurs with the Platform, you should report it to hello@buoytrade.com and BuoyTrade will attempt to correct the fault as soon as it reasonably can.
6.2. The Platform is dependent on other third-party service providers, including but not limited to website domain hosts and payment providers. BuoyTrade does not guarantee that the Website will be available at all times or uninterrupted. As such, BuoyTrade shall not be liable to you if for any reason the Platform is unavailable at any time or for any period.
7. DISCLAIMER AND EXCLUSION OF LIABILITY
7.1. The Platform and its use are provided by us on an "as is, where is" and "as available" basis without warranties of any kind.
7.2. Whilst BuoyTrade endeavour to make the Platform available 24 hours a day, it shall not be liable for any reason the Platform is unavailable for any time or for any period. BuoyTrade makes no warranty that your access to the Platform will be uninterrupted, timely or error-free, or will be free of viruses, worms and/or other harmful or invasive elements. Due to the nature of the Internet, this cannot be guaranteed. In addition, BuoyTrade may occasionally need to carry out repairs, maintenance or introduce new facilities and functions.
7.3. Further, BuoyTrade does not guarantee that the Platform will be compatible with all hardware and software which you may use. BuoyTrade shall not be liable for damage to, or viruses or other codes that may affect, any computer or phone equipment, software, data or other property as a result of your access to or use of the Platform
7.4. Neither BuoyTrade nor any of its directors, officers, employees, members, representatives, affiliates, agents, parent(s), subsidiaries, successors and assigns shall be liable for any loss, expense or damages whatsoever nature and howsoever incurred or arising whether in contract, tort, negligence, strict liability or any other basis, including without limitation, direct or indirect, special, incidental, consequential or punitive damages, or loss of profits or savings arising in connection with your access or use or the inability to access or use the Platform (or any part thereof), reliance on the information contained in the Platform, reliance on the Platform and tools provided on the Platform, any technical, hardware or software failure of any kind, the interruption, error, omission, delay in operation, computer viruses, or otherwise, even if BuoyTrade has been advised of the possibility of such damages or loss.
7.5. This exclusion clause shall take effect to the fullest extent permitted by law and shall apply even after you cease to access and/or use the Platform
8. INDEMNITY
8.1. You agree to defend, indemnify and hold us including our management, employees, subsidiaries, representatives and affiliates harmless from and against all liabilities, damages, claims, actions, penalties, costs and expenses (including legal fees) and all detrimental consequences, which may be suffered or incurred by us as a result of or in connection with or arising out of:
· information you submit, post, transmit or make available through the Platform;
· from your breach of any of these Terms of Use;
· your use of the Platform or the Contents;
· any non-compliance with or violation of any prevailing laws and regulations, government’s policies, directives and court verdicts or arbitral awards of any judicial bodies including infringement of any third party’s rights committed by or which involves you and/or your affiliates, employees or related parties in or after the use of our services or during the access to, use of or browsing on the Platform.
9. THIRD PARTY LINKS
9.1. This Platform may contain hyperlinks to other websites which are not maintained by BuoyTrade (the “External Websites”). Such hyperlinks are provided solely for the convenience of users. BuoyTrade is neither responsible for the contents, accuracy, continuity or security of the External Websites, nor for any goods or services offered on the External Websites, and shall not be liable for any injury, damage, expense or loss arising from access to or use of the External Websites. Use of such hyperlinks is entirely at your own risk.
9.2. Links to third party websites and services do not constitute an endorsement by us of such websites or services, or the information, products, advertising or other materials made available by such third parties. In addition, BuoyTrade is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of such Contents, information, products or services available on or through such linked websites. BuoyTrade shall also not be considered associated or affiliated with any trade or service marks, logos, insignia or other devices (not owned by, licensed to, or controlled by BuoyTrade) used or appearing on the External Websites.
9.3. Notwithstanding anything else set out in these Terms of Use, unless expressly permitted in writing by BuoyTrade on a prior basis the following are strictly prohibited:
· hyperlinking to, or framing of, the Platform or any of the Contents;
· using any robot, web-crawler, spider, or any other automatic device, or manual process to monitor or copy any pages within the Platform or its Contents;
· using any device, software or routine to interfere or attempt to interfere with the proper working of this Platform; and
· any action that imposes an unreasonable or disproportionately large load on BuoyTrade’s servers.
9.4. Your hyperlinking to, or framing of, any part of the Platform or any of the Contents constitutes acceptance of BuoyTrade Terms & Conditions (as may be amended from time to time). If you do not accept the BuoyTrade Terms & Conditions, you must discontinue hyperlinking to, or framing of, the Platform or any of the Contents. For the avoidance of doubt, this Clause 9 shall not be construed as dispensing with or prejudicing the need to seek BuoyTrade’s prior written permission for hyperlinking to, or framing of, the Platform or any of the Contents as described in Clause 9.3 above.
9.5. BuoyTrade shall be entitled to disable any hyperlink to, or frame of, the Platform or any of the Contents at any time, notwithstanding any prior permission that may have been given by BuoyTrade.
9.6. BuoyTrade may amend or change the URL of the Platform at any time including any Content or information therein. Under no circumstances is BuoyTrade obliged to inform, or give prior notice to, parties/ persons who have hyperlinked to or framed the website or any of the Contents about the amendment or change of the website’s URL, content or information therein.
10. ACKNOWLEDGEMENT
10.1.You agree that you will use or are using the Platform and the Services at your own risk. BuoyTrade does not and will not warrant or represent:
· that any and all information on its platform, website, marketing material or in any documentation that BuoyTrade prepared including the Contents are accurate, valid, correct, current, reliable, verified, complete, or error-free;
· that the Platform (including any functions associated therewith) or the Contents will be uninterrupted or error-free, or that defects will be corrected, or that the Platform or its server is or will be free of viruses, worms and/or other harmful or invasive elements, or that the download, installation or use of any software of the Platform or the Contents in or with any computer or device will not affect the functionality or performance of the computer or device;
· that the Platform will be protected against any malicious attack or that data will not be compromised under such attack;
· as to the functionality, operability, accessibility, accuracy, correctness, completeness, reliability, up-to-dateness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, of the Platform and the Contents;
· the success of any outcome, dealings or transaction on the Platform;
and therefore BuoyTrade will not indemnify you nor provide any forms of compensation whatsoever, whether expressly or implied, unless, to the extent applicable or expressly stated otherwise herein, that it is proven by a final and binding court decision that such are attributable to BuoyTrade’s gross negligence, fraud or wilful misconduct.
11. NOTICES AND ELECTRONIC COMMUNICATION
11.1.You consent to receiving communication from us electronically and you agree to BuoyTrade use of electronic communication to enter into agreements and communicate with you in accordance with the Electronic Transactions Act. All notices or other communications given to you if communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast.
12. INTERNATIONAL USE
12.1. BuoyTrade makes no promise that materials on the Platform are appropriate or available for use in locations outside of Singapore and accessing the Platform from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Platform from locations outside of Singapore, you do so on your own initiative and are responsible for compliance with the local laws.
13. SEVERABILITY
13.1. In the event that any (or any part) of these terms, conditions or provisions shall be declared invalid, unlawful or unenforceable such terms (or parts), conditions, or provisions shall be severed. The remaining terms (or parts), conditions or provisions shall continue to be valid and enforceable to the fullest extent permitted bylaw.
14. MISCELEEANEOUS
14.1. You may not transfer any of your rights under these Terms of Use to any other person. BuoyTrade may transfer its rights under these Terms of Use to another business where it reasonably believe your rights will not be affected.
14.2. If you breach these Terms of Use, no failure or delay by BuoyTrade to exercise any right or remedy provided under these Terms of Use shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
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