JERA GLOBAL MARKETS PTE. LTD.
Please read these Terms carefully before using this Website. By browsing, accessing and/or using this Website, you signify you have read and accept these Terms. If you do not agree to these Terms, please exit our Website and refrain from any further use and/or access to our Website.
1.1 These terms and conditions (“Terms”) govern your use of or access to our website at https://www.jeragm.com (“Website”), including any services, contents, functionalities, products, features, material, information and data that form part of the Website, as offered and/or operated by JERA Global Markets Pte. Ltd. (“JERAGM”). These Terms constitute a binding agreement between you and JERAGM. If you do not accept any of these Terms, please do not use the Website. Your access to or use of the Website shall be deemed to be an acceptance of these Terms.
1.2 In these Terms, “we”, “us” and “our” refers to JERAGM, a company incorporated under the laws of Singapore. “You” and “your” refers to any person and/or entity accessing and/or using the Website.
1.3 We may revise these Terms at any time without prior notice to you. You should visit this page from time to time and review the Terms to ensure that you understand all the terms and conditions that apply to your access to and use of the Website. Your continued access to and/or use of the Website indicate your acceptance of the revised Terms.
1.4 We make no representation or warranty that our Website will always be available and/or accessible, and we may suspend or cease to operate the Website at any time. We may also modify or discontinue any information or features that form part of the Website, without notice to you, and without liability.
1.5 These Terms will also apply to any updates or upgrades provided by us that replace and/or supplement any part of the Website, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.
1.6 From time to time, we may (including through our services providers or third parties) offer specific or new products, features, functionalities and/or services to complement or supplement the product/service offerings comprised within the Website. Additional or separate terms and conditions may apply to these products, features, functionalities and/or services, and you will need to accept and comply with those terms and conditions to enjoy them.
1.7 We may also from time to time publish additional guidelines, rules and conditions applicable to the use of the Website. You agree to comply with these additional guidelines, rules and conditions, which are incorporated by reference into these Terms.
1.8 We reserve the right to change the URL(s) of the Website without prior notice to you.
2. ACCOUNT REGISTRATION
2.1 You may be required to apply and register for an account with us before you are entitled to access and/or use certain features or services of the Website. To register an account or to enable certain features and functions, you will be required to complete the registration procedures specified on the Website.
2.2 We reserve the right to, at our sole discretion, reject your application for an account.
2.3 When registering for an account, you may be required to provide various pieces of information (such as name, email address, identification numbers, etc.) to us in accordance with instructions given through the Website. You will promptly update any information you have provided so that it remains complete, true and accurate at all times. We may, if required or in accordance with applicable laws, check and verify the information you have provided to us. You agree to cooperate and extend to us any assistance that we may require for such checks and verifications.
2.4 If you are an individual signing up for an account with us, you represent and warrant that:
2.4.1 all registration information provided by you is and will continue at all times to be true, accurate, current and complete to the best of your knowledge and belief;
2.4.2 you are of legal age and have the requisite mental and legal capacity in accordance with applicable laws to enter into these Terms and use the Website; and
2.4.3 you have not previously been suspended or prohibited from using the Website.
Use of account
2.5 Upon successful registration of your account, you:
2.5.1 agree to keep your account ID and password confidential and shall not allow other person to use the account. It is your responsibility to ensure the security of, and your continuous control over, your account; and
2.5.2 shall notify us immediately if you have any reason to believe that the security of your account has been compromised.
2.6 Your account is personal to you, and you may not share your account with any third party. As the account holder, you are solely responsible for any and all activities which occur under your account. We are entitled to treat all activities that occur under your account as having been conducted with your knowledge and authority. For the avoidance of doubt, in cases where you have allowed any other person to use your account or have negligently or otherwise made your password and/or account ID publicly available, you agree that you are fully responsible for:
2.6.1 the online conduct of such user;
2.6.2 controlling the user’s access to and use of the Website; and
2.6.3 the consequences of any use or misuse.
2.7 You acknowledge and agree that we may access your account and its contents as necessary for purposes including but not limited to identifying or resolving technical problems, verifying or ensuring your compliance with the Terms without prior notice to you.
3. ACCESS AND USE OF THE WEBSITE
3.1 You are permitted to use the Website subject to your compliance with these Terms. You represent, undertake and warrant that you will:
3.1.1 comply with all applicable laws and regulations with respect to your activities on and in connection with the Website
3.1.2 comply with all applicable security or encryption standards, rules, procedures and guidelines; and
3.1.3 provide us with all necessary information and/or produce all necessary documents as may be required by us in order to provide you with products and services you need on the Website.
3.2 You acknowledge and agree that for the Website to function, it requires a compatible device (including a mobile or computing device), appropriate third party software (such as browsers), and also connectivity to the internet. You are solely responsible for obtaining such device(s), software, and the necessary connectivity services and/or equipment to access and use the Website. We assume no responsibility for such devices, software and services, or for any functionality of our Website which are dependent on them to operate.
3.3 You will not, and will not permit any other party to:
3.3.1 modify, adapt, improve, enhance, alter, translate or create derivative works of the Website;
3.3.2 reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Website, or decrypt the Website;
3.3.3 use or merge the Website, or any component or element thereof, with other software, databases or services not provided or authorised by us;
18.104.22.168 unlawful, harmful, abusive, harassing, tortious, defamatory, vulgar, obscene, threatening, malicious, libellous, hateful, or racially, ethnically or otherwise objectionable material, or any other material in violation of any statute, rule or regulation in any jurisdiction to which you are subject or which creates liability on JERAGM’s part;
22.214.171.124 inaccurate or that violates or infringes the right of a third party, including, without limitation, contractual, moral, or privacy rights;
126.96.36.199 corrupted, contain viruses, bugs or any other similar software, code, component or programs which may damage the Website or cause interference to the services provided by us;
3.3.5 create a database by systematically downloading and storing the contents of Website;
3.3.6 interfere or attempt to interfere with services we provide on the Website including, but not limited to, "flooding" of networks, deliberate attempts to overload a service, attempts to "crash" the Website and taking any action that imposes an unreasonable or disproportionately large load on the services provided by us or the associated infrastructure;
3.3.7 circumvent, or attempt to circumvent:
188.8.131.52 user authentication or security measures of any Internet or intranet site or any of the accounts of our users or any other person using the Website, including but not limited to, accessing data and/or information not intended for you, logging into an account you are not expressly authorised to access or in a manner which is not authorised by us;
184.108.40.206 any protection measures (electronic or otherwise) in place to regulate or control access to the Website, including without limitation through the use of a virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising your IP address or location;
3.3.8 use any kind of program/script/command/application, or send messages of any kind, designed to, in any manner interfere with any user’s terminal session;
3.3.9 use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine", “crawl” or in any way gather the Website or reproduce or circumvent the navigational structure or presentation of the Website without our express prior written consent;
3.3.10 violate or assist in the violation of any applicable laws, rules or regulations in connection with your access or use of the Website;
3.3.11 use the Website to engage in fraudulent, illegal or suspicious activities and/or transactions, including fraud, money laundering and financing terrorism;
3.3.12 develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Website;
3.3.13 remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Website;
3.3.14 cache, frame or link to the Website without our prior written consent;
3.3.15 interfere in any manner with the operation of the Website; and
3.3.16 engage in any other conduct that is detrimental to us or any third party (including our service providers), or cause injury to, or attempt to harm us or any third party (including our services providers).
4. INFORMATION AND CONTENTS ON THE WEBSITE
Information on this Website
4.1 The Website may not cover all information available on a particular issue. Nothing contained on the Website constitutes professional advice nor is it to be relied on when making any decision.
Reference to third parties and External Sites
4.2 References to any names, marks, products or services of third parties do not necessarily constitute or imply JERAGM’s endorsement, sponsorship or recommendation of the third party, information, product or service. To the maximum extent permitted by law, we are not responsible and disclaim all liability for:
4.2.1 such third party products, services, websites;
4.2.2 for any act or omission of these third parties; or
4.2.3 any dealings between you and these third parties, whether or not such dealings have been performed or facilitated through our Website.
4.3 The Website may contain hyperlinks to other websites ("External Sites") which are not maintained or controlled by us. All hyperlinks to other applications and/or websites are provided to you for convenience only. The use and/or access of the hyperlinks, hyperlinked applications and/or External Sites, and any dealings resulting from such use and/or access, are entirely at your own risk. JERAGM shall not be responsible for any errors or omissions in any content in the website, or the content, products or services of any hyperlinked External Site or any hyperlink contained in a hyperlinked External Site, nor for the privacy and security practices employed by these External Sites.
Linking to our Website
4.4 No party is permitted to establish links to this Website without prior written permission from JERAGM. JERAGM reserves all right to deny permission for any such links. JERAGM is not under any obligation to establish reciprocal links with any third party.
5.1 Where you provide us with any feedback, questions, comments or suggestions (“Feedback”), we are entitled to treat all such information as non-confidential. You acknowledge and agree that JERAGM, our parents, subsidiaries, affiliates, directors, officers, shareholders, employees, agents, sub-contractors, partners, principals, representatives and licensors (collectively the “JERAGM Parties”) shall have no obligation whatsoever with respect to such Feedback, and are permitted to reproduce, use, disclose and distribute the Feedback to others without limitation, and use the Feedback in any way for any purpose whatsoever.
6. INTELLECTUAL PROPERTY
6.1 The Website and its contents, including trademarks, service marks, logos, domain names, trade names, designs, source and object codes, pages, documents and online graphics, audio and video, as well as the format, directories, queries, algorithms, structure and organisation of our Website, and all proprietary and intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us.
6.2 We retain all rights in the Website and reserve all rights not expressly granted to you. You acknowledge that you have no right, title, interest in and to the Website, its contents, and all proprietary and intellectual property rights associated therewith, and you agree not to challenge the validity of our ownership of or rights to the same. You shall not reproduce, republish, transmit, distribute or otherwise exploit any content of the Website in any way without our prior express consent, which may be withheld for any or no reason.
6.3 In order for us to provide you with the facilities and functionalities offered by the Website, you hereby grant us a perpetual, non-exclusive, transferable, irrevocable, sub-licensable, royalty-free, worldwide licence to use, reproduce, distribute, create derivative works of, display and perform any information that you upload, submit, store, send or receive through the Website for our business and operational purposes (including to transmit your communications and storing communications on our servers).
7 MAINTENANCE AND SUPPORT
7.1 We have no obligation to provide any maintenance, support or other services in relation to the Website, including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and/or enhancements.
7.2 Your access to and/or use of the Website may also be interrupted, suspended or restricted when we provide any maintenance, support or other services in relation to the Website.
8 CONFIDENTIALITY & PRIVACY
8.1 You shall, at all times, keep confidential all information provided by us or on our behalf that is marked or is by its nature confidential or proprietary (“Confidential Information”). You shall not disclose or permit to be disclosed the Confidential Information to any third party without our prior written consent. These obligations of confidentiality do not apply to information that is publicly available, already in your possession without confidentiality restrictions or required to be disclosed by order of a court or the relevant governmental authorities.
8.2 Your personal data may be collected by us when you access and use our Website. Any personal data or information which you provide to us is also subject to our Privacy & Cookies Policy (available at www.jeragm.com/privacy-notice), which is incorporated by reference into these Terms.
9 SECURITY AND RISKS
9.1 Where appropriate, we use available technology to protect the security of communications made through the Website. To the maximum extent permitted by applicable laws, we do not accept liability for the security, authenticity, integrity or confidentiality of any transaction or communications made through our Website.
9.2 Internet transactions and communications may be susceptible to interference or interception by third parties. You acknowledge and agree that there are inherent risks (including risks related to security, authenticity, integrity and confidentiality) in electronic communications, messaging and conducting transactions over electronic networks. To the maximum extent permitted by applicable laws, we expressly disclaim any liability for such risks made though the Website, which you agree to assume.
10 GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
10.1 The Website is provided "as is" and "as available" with no warranties whatsoever. To the maximum extent permitted by applicable law, we make no guarantee, representation or warranties of any kind, whether express or implied:
10.1.1 regarding the timeliness, reliability, accuracy, completeness, accessibility, merchantability, quality, fitness for a particular purpose, operation or usefulness of any portion of the Website or the results of its use for any purpose;
10.1.2 regarding the availability or appropriateness of the Website;
10.1.3 that the Website or your use of the Website will not infringe the intellectual property or other proprietary rights of any third party;
10.1.4 that Website (or the server that makes it available) will be error-free, continuously available or uninterrupted in operation, unhackable, uncompromisable, free of any data breach (inadvertently or intentionally through interference or interception by third parties) or free of bugs, computer viruses, unauthorised software, or other harmful codes or components not specifically mentioned herein;
10.1.5 that the Website will not be susceptible to any cybersecurity breach or cannot be compromised and/or free of any data breach (inadvertently or intentionally through interference or interception by third parties);
10.1.6 that the Website will contain information that is always timely and accurate;
10.1.7 that Website will operate or function properly on your devices or operating systems;
10.1.8 that Website will not cause any damage to your devices or operating systems; or
10.1.9 that there will not be any unauthorised access and/or use of your account.
10.2 Your use of the Website is voluntary and at your sole risk. You are solely responsible for:
10.2.1 your reliance on the Website and the information available through the Website;
10.2.2 any liability, loss or damage that you may incur through use of the Website; and
10.2.3 all decisions or actions resulting from your use of the Website and its contents.
10.3 To the maximum extent permitted by applicable law, we shall not be liable, in any circumstances or legal theories whatsoever, for any damage or loss of any kind, any direct, consequential, incidental, special or indirect damages of any character, loss of data, loss of business, loss of profits or goodwill, interruption of business, costs, expenses or claims of any nature whatsoever, including but not limited to contract, negligence or other tortious actions, even if we are aware of the risk of such damages:
10.3.1 that you may incur as a result of your use, access or reliance on the Website (or any information, data or statement found thereon);
10.3.2 resulting from the performance of the Website or any delay or failure thereof;
10.3.3 arising out of or in connection with any unauthorised access and/or use of your account;
10.3.4 resulting from any delay in operation or transmission, communication failure, Internet access difficulties or malfunction of equipment or software; and/or
10.3.5 arising out of or in connection with any suspension or termination of your access to the Website.
10.4 In the event that we are found liable to you for any reason, our liability to you shall not, for any reason, exceed S$100 (Singapore Dollars one hundred only). This limitation in clause 10.4 applies to all causes of action in the aggregate including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentations and other torts. In any jurisdiction in which these limitations of liability are restricted, our liability is limited to the greatest extent permitted by law.
11.1 You agree to indemnify the JERAGM Parties in respect of any and all claims, losses, damages, expenses (including legal costs on a full indemnity basis), or liabilities (whether criminal or civil) and costs of settlement suffered or incurred by JERAGM Parties or asserted against them in respect of:
11.1.1 any access, use of, or conduct in connection with, the Website by you;
11.1.2 any breach of these Terms by you;
11.1.3 any violation of the rights of any third party;
11.1.4 our reliance on information, data or records provided by you in connection with your use of the Website;
11.1.5 the occurrence of any event due to your act, omission or default which comprises the security or integrity of the Website or its contents; and/or
11.1.6 your violation of any applicable law or the rights (including but without limitation to intellectual property rights and privacy rights) of any other person or entity.
12 SUSPENSION AND TERMINATION
12.1 We reserve the right to suspend or terminate your access and use of your account and the Website, immediately without prior notice and without liability to you, and for any reason.
12.2 If we discontinue the Website, terminate your right to access and use the Website, or if your account is deactivated, we may delete or deactivate your account and all related information in such account without liability to you.
12.3 Clauses 2.6, 4, 6.1, 6.3, 10, 11 and all other clauses of these Terms so intended to survive after the termination of your access to the Website shall survive such termination and remain in full force and effect.
13 APPLICABLE LAWS AND JURISDICTION
13.1 Use of the Website and these Terms are governed by the laws of Singapore, without reference to conflicts of laws rules.
13.2 You submit to the exclusive jurisdiction of the courts of Singapore in relation to all disputes and any claim relating to the access and/or use of this Website. Any claim you may have against us in connection with these Terms or your access and use of our Website must be commenced within one (1) year from the claim arising.