This agreement ("Platform Agreement") constitutes a legal agreement between you and
ENDOWUS SINGAPORE PTE. LTD. (Company No. 201708816N)
("endowus").
By accessing or using our Platform, you are taken to have agreed to the terms and
conditions under this Platform Agreement as well our Privacy Policy as defined in clause 2.1 below. Privacy Policy as defined in clause 2.1 below
Definitions
In this Platform Agreement, unless the context otherwise requires, the words and
expressions used in this Platform Agreement
shall have the following meaning:
"
Access Method(s)" means any user identification, passwords,
authentication methods and/or other security
credentials assigned to you and as may be required to access and use the Platform;
"
Account" means any account which we may set up for you and granted
to you pursuant to any agreement
between us;
"
ApplicableLaws" means all applicable local or foreign laws, rules, acts,
regulations, subsidiary legislation notices,
notifications, circulars, licence conditions, directions, requests, requirements,
guidelines, directives, codes,
information papers, practice notes, demands, guidance and/or decisions of any
national, state or local government,
any agency, exchange, regulatory or self-regulatory body, law enforcement body,
court, central bank or tax revenue
authority or any other authority whether in Singapore or elsewhere, whether having
the force of law or not (including
any intergovernmental agreement between the governments or regulatory authorities of
two or more jurisdictions
or otherwise), as may be amended from time to time;
"
BusinessDay" means a day, other than a Saturday or Sunday or Public
Holiday, on which we are open for business
(from 9am to 5pm Singapore time);
"
Instructions" means any communication, instruction, order, message
data or information received by us
through or pursuant to the Platform or otherwise referrable to your Access Methods,
and any information delivered
to us offline by any methods as we may agree to;
"
losses" has the meaning ascribed to it in paragraph 7.3 of this
Platform Agreement;
"
PersonalData" has the meaning ascribed to it in the Personal Data
Protection Act (No. 26 of 2012) of Singapore;
"
Platform" means the online platform (accessible through our website
at www.endowus.com or through our
mobile application) operated by us including any
software or information provided
as part of or in connection with
the Platform and includes our
website as well as any electronic
means of communication which
we have made available to you;
"
Privacy Policy" means the policy on the privacy and protection of Personal
Data adopted by us as made available
at Schedule 4 of the Terms and Conditions
(www.endowus.com/legal/terms-and-conditions), as may be supplemented,
amended or varied from time to time upon our notification to you;
"
Service" means any service provided by us through our Agreement with you and/or through the Platform;
"
System" means the hardware, software and telecommunication links or
any part thereof used from time
to time for the purpose of providing, supporting, accessing and/or otherwise
referable to the Platform;
Capitalised terms not otherwise defined in this Platform Agreement shall have the
meaning as ascribed in the Terms and Conditions,
its Schedules and application form(s) submitted by you (including any terms and
conditions or disclaimers thereto)
(the "Agreement") between you and us.
The words "we", "us", "our" or any of their derivatives refer to Endowus and its
successors and any novatee, assignee, transferee
or purchaser of Endowus' rights and/or obligations hereunder and any reference to
Endowus includes a reference
to such successor, novatee, assignee, transferee or purchaser.
The words "you", "your", "yours" or any of their derivatives refer to the person
using or accessing our Platform and shall
include, as the context may require, personal representatives (as the case may be).
You can refer to Section 2 for a meaning of certain words and expressions
used in the Platform Agreement.
Suspected breach of security. You must notify us immediately if you become aware of
or have reasonable suspicion that there
is any breach of security, loss, theft or unauthorized use of your email address,
password or answers to the
security questions.
Keeping the integrity of the Platform. You shall not introduce into the Platform any
content, materials or code which contains
any virus, Trojan horse, work, time bomb, cancelbot or other computer programming
routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or Personal
Data. You undertake not to back into, disrupt, disable, burden or otherwise
interfere with the accessibility
or impair the proper function of the Platform, the services which we may provide to
you pursuant to any agreement
or the Systems, which shall include, without limitation, spoof attacks, backing,
sniffing, tampering, denial-of-service
attacks, tampering, reverse engineering or reprogramming.
Introduction and application
Information required. Upon request, you shall provide a valid email address, a
password, and answers to security questions
(or any other information we may request in order to establish the appropriate
Access Methods), which are necessary
for you to gain access to restricted areas of the Platform.
Provision of information by you. We may require additional information, confirmation
or declaration from you each time you
access the Platform or certain parts or areas of the Platform, and you shall provide
such information, confirmation
or declaration promptly. You represent and warrant that each information,
confirmation or declaration you provide
to us is accurate, true and complete, and not misleading in any material particular.
Security measures. Your access and use of the Platform shall be strictly limited to
yourself. You agree that:
we may determine the appropriate Access Method(s) from time to time, which
may involve a combination of one or more access
controls and we shall not be liable for any losses relating to your failure
to satisfy the appropriate authentication
measures or Access Methods;
we may grant you with a username and password for you to access your Account
and/or restricted areas of the Platform;
we may utilise a two-factor authentication service to safeguard your access
to the Platform and/or Account. Such two-factor
authentication service may require you to provide certain contact or
personal information (which may include
your mobile number or your biometric information). You hereby authorise
Endowus to transmit a unique authentication
identifier to the contact information you have provided. You will be solely
responsible for any third party
fees you incur, including but not limited to those assessed by any
telecommunication service providers, as
a result of the use of the two-factor authentication service;
you shall be solely responsible to safeguard your password or other Access
Methods, and you agree to change your temporary
password to a unique password promptly upon issuance, and periodically
change your password thereafter to
ensure security;
you shall be solely responsible for ensuring secure internal and, to the
fullest extent possible, external controls on access
to and use of the Platform, including but not limited to taking appropriate
security measures to protect
your devices and computer systems, maintaining the security and
confidentiality of your Access Methods (such
as your password and answers to security questions) and implementing
security protocol and policies, installing
or acquiring security products and protections, including up-to-date
anti-virus, anti-spyware, firewall software
and operating systems on devices and computers, removal of file and print
sharing options, regular and frequent
back up of critical data, encryption technology, terminating online sessions
when complete, clearing browser
cache after each login, prohibition of software and programs of unknown
origin, prohibition of websites that
have not been reviewed for security or veracity or computers or devices not
owned or for use by you or which
is on a public network to access the Platform. If your Access Methods are
stolen, lost, damaged or compromised,
or if you suspect any unauthorized use of your Access Methods, you shall
immediately notify us in writing.
We will not be responsible for any losses incurred as a result of
unauthorised use. We shall be entitled
to terminate or suspend your Access Methods, provided always that you shall
remain responsible for any actions
taken through the use of your Access Methods before they are so terminated
or suspended; and
you will not provide your username, password and/or any other Access Methods
to any other person and you shall be solely
responsible for, and be bound by, all acts or omissions of any person using
the Platform through your Access
Methods. You are solely responsible for the accuracy of all Instructions
submitted through your Access Methods
or on your Account. We are under no duty of inquiry regarding the identity,
authority or capacity of any
such person and are entitled to rely on any Instructions submitted by any
person accessing or using the Platform
through your Access Methods or through Alternative Methods, even if made
fraudulently and even if they conflict
with the terms of any other Instructions given by you. You agree not to use
any other Account or username
and/or password or any other Access Methods of any other person.
Compliance with Applicable Laws. You shall access and use the Platform in compliance
with all Applicable Laws. Without prejudice
to the generality of the foregoing, your use of the Platform shall be subject to
such additional restrictions,
terms and conditions of use, disclosures or disclaimers that may be communicated to
you (whether by written or
electronic means) in connection with such use.
Suspected breach of security. You must notify us immediately if you become aware of
or have reasonable suspicion that there
is any breach of security, loss, theft or unauthorized use of your email address,
password or answers to the
security questions.
Keeping the integrity of the Platform. You shall not introduce into the Platform any
content, materials or code which contains
any virus, Trojan horse, work, time bomb, cancelbot or other computer programming
routines that are intended
to damage, detrimentally interfere with, surreptitiously intercept or expropriate
any system, data or Personal
Data. You undertake not to back into, disrupt, disable, burden or otherwise
interfere with the accessibility
or impair the proper function of the Platform, the services which we may provide to
you pursuant to any agreement
or the Systems, which shall include, without limitation, spoof attacks, backing,
sniffing, tampering, denial-of-service
attacks, tampering, reverse engineering or reprogramming.
Your duties. Any data, information or message transmitted to you through our System,
the Platform or otherwise is confidential
and intended for the sole use of the intended recipient. If you are not the intended
recipient, you should immediately
notify us and delete or destroy such data, information or message, including all
copies thereof.
Confidentiality of other information. You must keep confidential, all information
about the Platform, our System and any
information, data, materials or documents provided to you.
Instructions
You agree to the following:
unless otherwise agreed by us, all Instructions shall be transmitted by you
to us through the Platform in the manner as we
may specify on the Platform or by notice to you;
we shall be deemed to have properly received Instructions transmitted by you
through the Platform only upon such Instruction
being received by our System hosting the Platform. For any other Instruction
received by us after the close
of business on a Business Day or on a non-Business Day, we may, in our sole
discretion, treat such Instruction
as an Instruction received on the next Business Day;
you are responsible for the accuracy and completeness of your Instructions;
we are under no duty of inquiry regarding the identity, authority or
capacity of any person from whom we receive Instructions
on your behalf, and are entitled to rely on any Instructions submitted by
any person accessing or using the
Platform through your Access Methods, even if made fraudulently and even if
they conflict with the terms
of any other Instructions given by you;
without prejudice to sections 3.3.6 and 4.1.4 of this Platform Agreement,
we may at our discretion and without giving any
reason, and without any liability to you:
require you to provide alternative proof of identity;
require any Instructions to be confirmed through alternative means;
decline to act or refrain from acting promptly upon any
Instructions; and/or
determine the order of priority in effecting any Instructions and
other existing arrangements you have made with us.
you will be subscribed to our electronic newsletter which may provide information to you on our products and services available on the Platform as well as any information that we consider may be of interest to you, and we may continue to send this newsletter to you until we are notified of your intention to unsubscribe to the newsletter.
We reserve the right to terminate, suspend or restrict your access to the Platform
and to cease acting or refuse to act on
your Instructions if we suspect that the person logged into your Account is not you,
where we suspect that your
Account is or will be used for illegal, fraudulent or unauthorized uses, or for any
other reason which we deem
to be reasonable.
Our rights
Monitoring of access and use. We may monitor all your access to and use of Platform
so as to detect any improper activity
relating thereto. You shall comply in a timely manner with our requests for
information, documents and other
material requested by us.
Right of termination. We reserve the right to restrict, temporarily or permanently
the operation of the Platform or your
access to the Platform and/or your Account at any time and with immediate effect,
without incurring liability
of any kind to you, if any of the following events occur:
you have breached the terms of this Platform Agreement;
you are using the Platform in a manner that may cause us to breach
Applicable Laws, have legal liability or disrupt others'
use of the Platform;
you are using the Platform for any illegal activities, improper use or where
we have reasonable suspicion that you may be
doing so;
we become aware or suspect that your Access Methods are stolen, lost,
damaged or compromised or you fail to satisfy any authentication
or verification measures or procedures we have in place;
we become aware or suspect that the person logged into using your Access
Methods is not you;
we are required to do so by Applicable Laws or pursuant to a request by any
government or regulatory body;
scheduled downtime or recurring downtime or where necessary to ensure
maintenance and system integrity of the Platform;
a Force Majeure Event;
you publish, post, transfer, distribute or upload any content or information
to the Platform which is false, misleading or
inaccurate, contains rude and inappropriate language or which creates the
impression that any content is
sponsored or endorsed by us;
you modify, adapt or reverse engineer the Platform or any part thereof; or
you transmit any viruses, worms, defects, Trojan horses or any other items
of a destructive nature, or that may otherwise
compromise the security of the Platform.
For the purpose of section 5.2 of this Platform Agreement, "Force Majeure Event"
means any event beyond our reasonable control
(and which does not relate to or arise by reason of our default or negligence) which
renders impossible or hinders
our performance of this Platform Agreement, including the offering of the Platform
thereto, including, without
limitation:
war, riot, civil unrest or revolution, sabotage, terrorism, insurrection,
acts of civil or military authority, imposition
of sanctions, embargo, breaking off of diplomatic relations or similar
actions;
terrorist attacks, civil war, civil commotions or riots;
acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural
disasters or adverse weather or environmental
condition;
any act of state or other exercise of sovereign, judicial or executive
prerogative by any government or public authority,
including expropriation, nationalisation or compulsory acquisition or acts
claimed to be justified by executive
necessity;
fire, explosion or accidental damage;
collapse of building structures or failure of plant machinery, computers or
vehicles;
interruption or failure of utility service, including but not limited to
electric power, gas, internet or water such as data
corruption, blackout, interruption or interception; or
any labour disputes, including but not limited to strikes, industrial action
or lockouts.
For the avoidance of doubt, we shall not be in breach of this Platform Agreement,
nor liable for any failure or delay in
the performance of any other obligations under this Platform Agreement arising from
or attributable to any of
the circumstances giving rise to a right to termination under section 5.2 of
this Platform Agreement.
Intellectual Property Rights
The names, images and logos or any other trademarks ("Marks") identifying us or third parties and
their products and services are
subject to copyright, design rights
and trademarks of us, our
affiliates and/or third parties, and
all rights to the Marks are
expressly reserved by us, our
affiliates or the relevant third
parties. Nothing contained in this
Platform Agreement shall be
construed as conferring by
implication, estoppel or
otherwise any licence or right to
use any trademark, patent, design
right or copyright of us or any
other third party, without the
prior written consent of us, our
affiliate or such third party. You
shall not use our Marks or the
Marks of any of our affiliates or
other third party in any way,
including in any advertising or
publicity, or as a hyperlink
without our prior written
consent.
We, our affiliates, our service
providers, agents (or their sub-
agents), contractors (or their sub-
contractors), delegates, suppliers
and other third parties we may
appoint for the operation of this Platform or the
provision of services to you and
licensors own and retain all rights, titles and interests in and to: (a) the
Platform; (b) all hardware, software,
and other items used to provide the services to you; and (c) all materials,
including without limitation, the
information, databases, data, documents, online graphics, audio and video, in the
Platform, which contains proprietary
and confidential information that is protected by applicable intellectual property
and other laws. Except as
expressly authorized by us, you shall not copy, modify, publish, transmit,
distribute, perform, display or sell
any of our proprietary information. You shall also not decompile, reverse engineer
or otherwise attempt to discover
the source code of any content available on the Platform except under the specific
circumstances expressly permitted
by us in writing.
By submitting, posting or displaying content on or through the Platform, you grant
to us a worldwide, non-exclusive, royalty-free
licence to reproduce, adapt and publish such content on the Platform for the purpose
of displaying, distributing
and promoting the Platform or any other services we may provide to you. You further
grant to us an irrevocable
non-exclusive licence to use such content submitted, posted or displayed, including
any ideas, inventions, concepts,
techniques or know-how disclosed herein, for any purpose, including the developing
and/or marketing of any of
our services. We reserve the right to retain an archival record of all such content
including those deleted or
removed by you.
In the event that you download any software, applications or script from the
Platform, the software, applications or script,
including any files, images incorporated in or generated by the software, and data
accompanying the software
(collectively, the "Software") are licensed by us to you on a non-exclusive,
non-transferable, and non-sublicensable
basis for the sole purpose of utilizing our services in accordance with this
Platform Agreement. For the avoidance
of doubt, we are not transferring and do not transfer, title ownership or any other
rights to the Software to
you. You shall not redistribute, sell, decompile, reverse-engineer, disassemble or
otherwise deal with the Software.
Any Software downloaded from the Platform shall be at your own risk.
You shall not imitate, copy, modify, decompile, disassemble, reverse engineer,
distribute, disseminate, reproduce, license
or create any derivative works from, assign, transfer or sell, in full or in part
and in any way, the Platform
or any information, data, products or services obtained from the Platform ("Platform
Contents"). Unauthorised
conduct or use of the Platform or the Platform Contents may violate ours or any
third party owners' intellectual
property rights and may also be an offence under the Computer Misuse Act 1993
of Singapore. You shall be
entitled to retrieve and display the Platform Contents on any compatible device
owned by you and retain a copy
of the Platform Contents for record, provided that you keep intact all accompanying
intellectual property rights
and other proprietary notices.
Without prejudice to the
generality of the foregoing, all
copyright, trademarks, trade
secrets, service marks, registered
and unregistered design rights
and all other intellectual property
and other rights in the
applications, processes, systems
and services relating to the
Platform are property of
Endowus and/or our affiliates and
shall at all times remain the sole
and exclusive property of
Endowus and/or our affiliates,
and/or where applicable its or
their licensors. You shall have no
right or interest in such
intellectual property or other
rights, except the right to access
and use the Service as provided to
in this Platform Agreement. All
rights not expressly granted to
you are reserved by Endowus
and/or our affiliates.
Disclaimers and liabilities
The Platform is provided “AS IS”
on an “IS AVAILABLE” basis
without any representations or
any kind of warranties
whatsoever (whether expressed
or implied by law). We, our
affiliates, and our licensors disclaim to the fullest
extent permitted by law all
express, implied and statutory warranties, including without limitation, the
warranties as to functionality,
operability, accessibility, accuracy, correctness, reliability, updatedness,
timeliness, satisfactory quality,
merchantability, fitness for a particular purpose, and non-infringement of
proprietary rights. Without limiting
the foregoing, we do not warrant that our services, functions contained in or access
to the Platform or other
content will be timely, uninterrupted or error-free without omission, that defects
will be corrected, or that
the Platform or its contents are free of infection by computer viruses and/or other
harmful or corrupting code,
programme, macro and such other unauthorized software, or that the download,
installation or use of any Systems
or content of the Platform in or with any computer will not affect the functionality
or performance of the computer.
We are not responsible or liable for the deletion or failure to store any content
maintained or posted by or
through the Platform or any transmission error, faulty or unreliable internet
connection or website downtime.
Third party sites. The Platform may contain links to other websites which are not
maintained by us. Similarly, other websites
may contain links to the Platform. We have no control over such sites and resources,
and you acknowledge and
agree that we are not responsible for the availability or contents of those websites
and shall not be liable
for any damages or injury arising from the availability or contents of those
websites. Any links to other websites
are provided as a convenience to you as a user of the Platform, and does not imply
our endorsement of the linked
website or association with their operators. We disclaim all responsibility and
liability, direct or indirect,
for any damage or losses (including any virus, spyware, malware, worms, errors or
damaging materials contained
in the linked sites) caused or alleged to be caused by or in connection with the use
or reliance on any such
content available on or through any such site or resource, which are accessed and
used at your own risks.
Assumption of risks. You acknowledge there are certain security, corruption,
transmission error and availability risks associated
with using the Platform and agree, to the maximum extent permitted under Applicable
Laws, to assume such risks.
Without limiting the generality of the foregoing, you acknowledge and accept, given
the nature of electronic
transactions and electronic telecommunication platforms such as the Platform, the
unique risks of using the Platform,
which include, but are not limited to, the following:
delays in, or inability to, access or use the Platform due to any hardware,
software, system or connection failure, error,
malfunction, omission, interruption, delay in transmission or computer
virus;
loss, or errors in transmission, of data or information that may occur due
to any cause whatsoever, including any failure
of any of our electrical, electronic, computer, microprocessor, recording or
communication system;
the need to conduct maintenance of the Platform system infrastructure from
time to time, and any delay, failure, error or
omission which may ensue therefrom; and
the failure of any electronic security measures including, without
limitation, filters, authentication processes and anti-virus
software, whether or not for the protection of the integrity of the
Platform, the privacy of your information
or otherwise,
and you agree that we shall not bear any liability or losses of any kind, and
you shall release us from any claim
you may have, with respect to or referable to the above risks and any losses
arising therefrom, regardless of
whether we had been advised, or were aware of the possibility, of such risks.
You shall assume the entire cost
of all necessary servicing, repair, or correction, including any defect, problem
or damage in the computer or
Systems, if required.
You confirm that you will not
hold us liable, whether in
contract, tort (including
negligence) or otherwise for any
losses, costs, charges, damages or
expenses ("losses") that you may
suffer directly or indirectly and
which arise as a result of
Endowus and you transmitting
data or documentation to each
other through the internet,
electronic mail or other electronic
media including any losses arising
from breaches of security caused
by third parties; and you (and
your personal representatives)
will fully indemnify each of
Endowus, its affiliates, and its and
its affiliates’ officers, directors,
employees, representatives and
agents (the “Indemnified
Person”) against all claims, reasonable
costs and expenses (including legal fees), damages, liabilities and losses which
any Indemnified Person may suffer
or incur directly or indirectly as a result of, or in connection with, or
arising out of our use of the internet
or electronic mail as a medium to communicate with you, or to transmit data or
documentation from us to you,
or in connection with any claim, action, proceeding or investigation arising out
of or in connection with such
medium of communication (including all costs of enforcement). This indemnity
will not extend to any Indemnified
Person to the extent that such costs, expenses, damages, liabilities and losses
result primarily from the bad
faith, wilful default, fraud, negligence of, or breach by, that Indemnified
Person.
Exclusion of liability. To the maximum extent permitted under Applicable Law and
without prejudice to any other rights we
may have under this Platform Agreement, you acknowledge and
agree that we, our affiliates and
any of our or our affiliates’ service providers,
agents (or their sub-agents), contractors (or their sub-contractors), delegates,
suppliers, or other third parties
we may appoint for the operation of this Platform or the provision of services to
you, directors, officers, employees,
subsidiaries, successors or assigns) are not liable to you for any direct, indirect,
consequential, incidental,
special or punitive losses suffered by you or any third party, whether arising based
on a claim in contract,
tort (including negligence), breach of statutory duty or otherwise, arising from or
in connection with:
any unavailability of the Platform and/or your access or use (or inability
to access or use) the Platform;
any failure of our System or Platform;
any inaccuracies contained in information relating to the System;
any failure to receive or delay in receiving Instructions because of any
failure of your System or other facilities or the
telecommunication links used to transmit the Instructions;
any delay where the contents of an Instruction are ambiguous, incomplete or
otherwise inaccurate;
any unauthorized use of the Platform or Access Methods;
any breach of security or unauthorized use of, corruption or transmission
error associated with, our System or other facilities;
any act or omission of telecommunications carriers, internet service
providers or any other service providers;
the exercise of any of our rights under this Platform Agreement;
our reliance on such information submitted to us;
any loss of revenue or business opportunities, loss of profit, loss of
anticipated savings or business, loss of data, loss
of goodwill or loss of value of any equipment including software; or
any event or circumstance beyond our control.
Your indemnities to us. To the maximum extent permitted under Applicable Laws and
without prejudice to any other rights we
may have under this Platform Agreement, you shall indemnify,
and shall keep indemnified, us,
our affiliates and any of our or our
affiliates’ service
providers, agents (or their sub-agents), contractors (or their sub-contractors),
delegates, suppliers, or other
third parties we may appoint for the operation of this Platform or the provision of
services to you, directors,
officers, employees, subsidiaries, successors or assigns against any losses,
including expenses and legal or
other professional fees for disputing or defending any action, claim or proceeding,
which we may incur or sustain
(directly or indirectly) or which may be made against us in any jurisdiction as a
result of or in connection
with or arising out of: (i) your use of the Platform or our services, (ii) our
operation of the Platform or the
provision of our services, save where such losses are directly caused by or our
affiliates’ own gross negligence or
willful default or that of our or
our affiliates’ directors, officers, employees or agents. Without prejudice
to the generality of the foregoing,
you shall indemnify us for any losses we may incur (directly or indirectly), from:
any breach of, or non-compliance with, this Platform Agreement by you;
any unauthorized use by any party of your Access Methods or the Platform or
any part thereof;
any failure or malfunction in your System used in connection with the
Platform;
any computer viruses or other malicious, destructive or corrupting code,
agent, programme, macros or other software routine
or hardware components designed to permit unauthorized access which have
been introduced by you, which affects
or causes the Platform and/or our hardware, software and/or other automated
systems to fail or malfunction;
any information or documents furnished by you to us, which is or proves to
have been incorrect, incomplete or misleading
in any material respect when provided, or any omission of material facts and
information by you which would
render any information relied upon by us to be misleading, inaccurate or
incomplete;
the exercise of our rights under this Platform Agreement;
our acting or relying on the Instructions;
your use or failure to use the Platform; or
material comprised in the Instructions or otherwise provided by you
violating any Applicable Laws or third party rights including
intellectual property rights.
You also undertake to procure that, in the event that you transfer all or
substantially all of your rights or assets to any
other person (whether in the same or any other jurisdiction(s)), to the extent
agreed between parties, you shall
procure that such person will indemnify and hold us and our directors, officers,
employees and agents harmless
on the same terms as those set out above.
General
Other agreements. This Platform Agreement does not supersede or replace any other
consents you may have previously or separately
provided to us in respect of your access or use of the Platform, and your consent to
this Platform Agreement
is in addition to any other rights which we may have in respect of your access or
use of the Platform. In the
event of any conflict or inconsistency between any provisions of the Agreement and
the Platform Agreement, the
terms of the Platform Agreement shall prevail in respect of the matters contained
therein to the extent of such
conflict or inconsistency.
Amendment. Our Platform Agreement may change from time to time. We will post any
changes on www.endowus.com/legal/platform-agreement.
If you continue to use or access our Platform, you are deemed to have agreed to such
changes without reservation.
Assignment. You shall not have the right to assign any of such rights, undertakings,
agreements, duties, liabilities and/or
obligations hereunder, except with our written consent. We may assign or transfer
any of our rights hereunder
to any party without your consent, but subject to prior notification. For the
avoidance of doubt, endowus shall
be permitted to consolidate or amalgamate with, or merge with or into, any other
financial institution and any
reference in this Platform Agreement to endowus shall be construed as a reference to
the successor entity resulting
from such consolidation, amalgamation or merger. Your obligations in respect of any
account will not be affected
by any takeover, absorption or merger by or of endowus by, of or with any other
financial institution, nor will
it be in any way affected by any change in the name or constitution of endowus or
any successor, assignee or
transferee.
Survival on termination. All disclaimers, indemnities and exclusions in this
Platform Agreement shall survive the termination
of this Platform Agreement.
Severance. If any provision of this Platform Agreement or part thereof is rendered
void, illegal or unenforceable by any
legislation to which it is subject, it shall be rendered void, illegal or
unenforceable to that extent and no
further and, for the avoidance of doubt, the rest of this Platform Agreement shall
continue in full force and
effect and the legality, validity and enforceability of the whole of this Platform
Agreement in any other jurisdiction
shall not be affected.
No third party rights. Unless stipulated otherwise, a person who is not a party to
this Platform Agreement shall have no
right under the Contracts (Rights to Third Parties) Act 2001 of Singapore or
under any law, to enforce
any provision in this Platform Agreement.
Governing law and jurisdiction. This Platform Agreement shall be governed by, and
construed in accordance with, the laws
of Singapore. Any dispute arising out of or in connection with this Platform
Agreement and/or the documents referred
to herein, including any question regarding their existence, validity or
termination, shall be referred to and
finally resolved by the courts of Singapore and both you and we hereby
unconditionally and irrevocably submit
to the exclusive jurisdiction of the courts of Singapore.
