Welcome and thank you for using The Asia Investor. The Terms set out herein are applicable to users of http://www.theasiainvestor.com and related sites (our “Sites”). By using our Sites, you are agreeing that you will abide by the Terms set out below. This agreement is between you and The Asia Investor Pte Ltd (“We,” “The Asia Investor” or the “Company”), and it governs your access to and use of the services, websites, and applications offered by The Asia Investor (the "Service"). Your access to and use of the Service is conditioned on your acceptance of and compliance with the Terms set out below.
This page (together with the documents referred to on it) tells you the Terms on which you may make use of our website and data rooms, whether as a guest, registered user or client. Please read these Terms carefully before you start to use our Sites. By using our Sites, you indicate that you accept our Terms and that you agree to abide by them.
Access to our Sites is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our Sites without notice. We will not be liable if for any reason our Sites are unavailable at any time or for any period.
We aim to update our Sites regularly, and may change the content at any time. If the need arises, we may suspend access to our Sites, or close it indefinitely. Any of the material on our Sites may be out of date at any given time, and we are under no obligation to update such material.
Users of our Sites who wish to gain exposure to potential investors may register as a Business Owner or a Client. If you are registering as an Investor, you will be required to complete our sophistication questionnaire. The only people who are authorised to register as an Investor on our Sites are accredited, sophisticated, professional and institutional persons and investors who understand risks and are willing to bear the consequences. It is your obligation and responsibility to ensure that you only register if you are such an investor and any registration and/or future activity on our Sites or ancillary thereto is in compliance with your local laws and regulations (including any applicable securities regulations). You agree and acknowledge that it is your own responsibility to consult your legal, financial, tax or other professional adviser with respect to evaluation, agreeing, establishing and/or implementing any relationship or investment based on any of the material or information which may be on our Sites.
Business Owners, Clients and Investors (“Registered Users”) will have additional access to certain restricted areas of the Sites. Certain content may be accessible to the general public, including non-Registered Users.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
Whenever you upload material to our Sites, or make contact with other users of our Sites, you must comply with the content standards set out in our acceptable use policy. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Sites.
We have the right to remove any material or posting you make on our Sites if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
Except for information submitted by Registered Users, we are the owner or the licensee of all intellectual property rights on our Sites, and in the material published on it. Those works are protected by copyright laws and treaties. All such rights are reserved.
If you are a Registered User submitting information which may constitute intellectual property, you hereby warrant that you are the owner or licensee (with the right to sub-licence) of such information and grant us a license to publish such information which you have requested be published. If we are unable to reasonably ascertain that you are the owner or licensee (with the right to sub-licence) such information, we may choose not to, at our sole discretion, not publish such information.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of our Sites, use or access to our Sites, including any of our intellectual property rights or those of any person, firm or corporation having posted information through our Sites. You must not use any part of the materials on our Sites for commercial purposes without obtaining a licence to do so from us or our licensors.
Your use of our Sites must in no way advocate, promote or assist any copyright or other intellectual property infringement.
If you breach these Terms, your right to use our Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Commentary and other materials posted on our Sites are not intended to amount to advice or investment advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Sites, or by anyone who may be informed of any of its contents.
The material displayed on our Sites is provided without any guarantees, conditions or warranties as to its accuracy. None of the material is intendend to constitute any advice. We are not responsible for any errors or omissions or for the results obtained or consequences arising from the use of any of the content of our Sites. To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might be express or otherwise be implied by statute, common law or the law of equity.
We shall not be liable to you or any third party for any damage or loss of any kind whatsoever and howsoever caused (whether direct, indirect or consequential or otherwise) and whether or not in connection with the use, inability to use, or results of the use of our Sites, any websites linked to it and any materials posted on it.
Any material downloaded or otherwise obtained through the use of our Sites is done at your sole discretion and risk and you will be solely responsible for any damage to any computer system or loss of data that results from the download of any such material.
You hereby waive all claims in respect of any causes of action that you now have, or in the future may have against us or affiliates.
Information on our Sites from Business Owners and Clients may contain statements that constitute forward-looking statements which involve risks and uncertainties. These statements include descriptions regarding the intent, belief or current expectations of such Business Owners and Clients (or their officers, representatives and/or agents) with respect to their results of business operations and financial condition, industry, environment and future events and plans. These statements can be recognised by the use of words such as "anticipate", "believe", "could", "estimate", "profit estimate", "expect", "intend", "may", "plan", "projection", "will", "would", or words of similar meaning. Such forward-looking statements are not guarantees of future events, performance and actual results may differ from those in the forward-looking statements as a result of various factors and assumptions. By their nature, forward-looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. In light of these risks and uncertainties, actual events, results and developments could differ materially from those expressed or implied by the forward-looking statements. Information on our Sites is meant and tailored for accredited, sophisticated, professional and institutional persons and investors. If you are in any doubt, you should always consult your legal, financial, tax or other professional adviser.
We agree that the identities and businesses of our Clients may constitute that Client’s “Proprietary Information.” Once a Non-Disclosure Agreement (“NDA”) or as is entered into, we will hold in confidence and not disclose or use a Client’s Proprietary Information unless expressly authorised under the NDA or by such Client.
However, once the identity of the Client and/or Investor ceases to be confidential vis-à-vis between parties, we may disclose to others our involvement with such Client and/or the Investor; unless the Client or the Investor notifies us in writing that it does not wish us to publicise our involvement.
For the avoidance of doubt, we are not obligated to perform any of the following:
We are not obligated to introduce you to any Investor(s).
We are not responsible for doing any due diligence on the users you meet through our Sites.
We do not recommend any businesses for investment or endorse their fitness for investment, verify the information on the site or in our emails. Such information is generally generated automatically based on the information that a particular user may input into our system and we make no warranties, express or implied, on the accuracy, appropriateness or correctness of such information.
We have no obligation to monitor or enforce any intellectual property rights that may be associated with content you provide us, but we have the right to enforce any rights which we may have through any means we see fit.
In the event we invest in any business, we are not obligated to make that investment opportunity available to anyone else. We are also not obligated to inform any user of our interest in any such business.
We do not control or endorse all of the content, messages or information found on our Sites or external sites that may be linked to or from our Sites and, therefore, we specifically disclaim any responsibility with regard thereto.
We have no obligation to accept, display, review, monitor, or maintain any content submitted by users, user forum posts, commentary, ratings or compliments ("Comments"). We have the right to delete content or Comments from our Sites without notice for any reason at any time. We may move, re-format, edit, alter, distort, remove or refuse to exploit content or Comments without notice to you and without liability. Notwithstanding the forgoing rights, we reserve the right to treat content provided by users and Comments as content stored at the direction of users for which we will not exercise editorial control except as required to enforce the rights of third parties and applicable content restrictions below when violations are brought to our attention.
Our Sites may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser's or sponsor's content.
You expressly agree that access to and use of the service is at your sole risk and is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under the laws applicable to these Terms with any legally required warranty period to the shorter of thirty days from first use or the minimum period required). Without limiting the foregoing, neither us nor our affiliates or subsidiaries, or any of our respective directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, "company parties") warrant that the service will be uninterrupted or error-free.
To the fullest extent permitted by law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort and that the company parties shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages in any way whatsoever arising out of the use of, or inability to use, the service. You further specifically acknowledge that the company parties are not liable, and you agree not to seek to hold the company parties liable, for the conduct of third parties, including other users of the service and operators of external sites, and that the risk of the service and external sites and of injury from the foregoing rests entirely with you. The company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the services, including any mobile software. Under no circumstances will the company be responsible for any loss or damage, including any loss or damage to any content or personal injury or death, resulting from anyone's use of the service, any content or third party applications, software or content posted on or through the services or transmitted to users, or any interactions between users of the service, whether online or offline.
We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the service or any content thereon or any content you receive as a result of your relationship with us. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the service, or any content. You also agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the service. We make no warranty that the service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Sites [and/or Services], will create any warranty not expressly made herein
Under no circumstances will any company person be liable to you for more than the amount you have paid the company in the ninety (90) days immediately preceding the date on which you first assert any such claim.
You hereby agree to indemnify and hold us and our subsidiaries, affiliates, officers, employees and agents harmless from all suits, proceedings, penalties, liabilities, costs and damages (including reasonable legal fees) arising in connection with your use of and connection to our Sites or the violation or breach of any of these Terms.
The Singapore courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Sites.
These Terms shall be governed by and construed in accordance with the law of Singapore.
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Sites.