Terms and conditions (the “Conditions”) of use of all websites (the “Websites”) owned or operated by Auric Pacific Group Limited and its subsidiaries (collectively, the “Auric Pacific”).
Please read these Conditions carefully. By accessing and using any of the web pages under the Websites or accessing and using Auric Pacific’s online services made available under the Websites, you will be conclusively presumed to have notice of, and you acknowledge that you agree to comply with and be bound, by these Conditions, as amended from time to time at the discretion of Auric Pacific. These Conditions govern Auric Pacific’s relationship with you in relation to the Websites.
If you disagree with any part of these Conditions, you must immediately discontinue your access or use of the Websites. Specific terms and conditions of use appearing on specific web pages and/or sections of the Websites may be applicable to such web pages and/or sections of the Websites.
Such specific terms and conditions of use shall constitute a part of these Conditions. In the event of any conflict between such specific terms and conditions of use and these Conditions, the specific terms and conditions of use shall prevail to the extent of such conflict.
Headings are inserted for convenience and shall not affect the interpretation of these Conditions.
1 Proprietary rights
1.1 The information and materials located or hosted on, or linked to, the Websites (the “Materials”) are protected by copyright, trademark and other forms of proprietary rights. Such Materials include, but are not limited to, any price information, data, photographs, graphics, illustrations, designs, trademarks, trade names, service marks, product names, logos, insignias or other devices, software programmes, downloadable files, software applications, interactive features, tools, services or other information or content made available on or through the Websites. The presentation and layout of the Materials is also protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and laws of Singapore and other countries.Unless otherwise stated, the rights, titles and interests to the Materials are owned by, licensed to or controlled by us.
1.2 The terms ‘Auric Pacific Group Limited’, ‘Auric Pacific’, ‘Délifrance’, ‘SCS’, ‘Sunshine’, ‘Food Junction’ and related logos are trademarks, trade names and service marks owned by Auric Pacific or its subsidiaries. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of trademark infringement.
2 Access to the Websites
2.1 You may access and view the Websites and may save an electronic copy or print out a copy of the Materials, solely for your own personal and non- commercial use. If you make a copy of the Materials, you make ensure that such copy must be in the form as presented on the Websites and must include all applicable copyright and other notices on the Websites.
2.2 Except with Auric Pacific’s prior written permission, you may not copy, store (either in hardcopy or in an electronic retrieval system), adapt, alter, translate, transmit, disseminate, distribute, perform, broadcast, publish, reproduce, publicly display, hyperlink, sell, license, rent, lease or otherwise transfer any of the Materials, or otherwise transfer any of the Materials to any other person (whether for direct commercial purpose or monetary gain or otherwise) or otherwise use in whole or in part in any manner. 2.3 Except with Auric Pacific’s prior written permission, you may not create a derivative work from the Materials, nor decompile, reverse-engineer or disassemble the Materials.
2.4 Any rights relating to the Materials and the Websites not expressly granted herein are reserved and no licence or right is granted to you by implication, estoppel or otherwise.
3 No unlawful or prohibited use of the Websites
3.1 You acknowledge and agree that, as a condition of your access and use of the Websites, you will not use the Materials or the Websites for any purpose that is unlawful or prohibited by these Conditions. You may not use the Websites in any manner that could damage, disable, overburden or impair any of Auric Pacific’s servers, or the networks connected to the Auric Pacific’s server, or interfere with any other party’s access and use of the Websites. You may not attempt to gain unauthorised access to the Websites, or any services provided via the Websites, other accounts, computer systems or networks connected to any of Auric Pacific’s server or to any of the services provided via the Websites, through hacking, password mining or any other means. You may not obtain, or attempt to obtain, any Materials or other information through any means not intentionally made available on or through the Websites.
4 Limited linking and framing of the Websites
4.1 Unless otherwise stated, you may not link (including, but not limited to, hyperlink, in-line link or deep-link) (hereinafter collectively referred to as “Link”), mirror or frame the Websites or any part thereof to any other web page, website, server or otherwise. Except with Auric Pacific’s prior written permission no trademark, trade name, service mark, product name or logo may be used as a Link or to mark any Link to the Websites or any part thereof or any other web page or website.
4.2 Subject to the restrictions below, you are allowed to hyperlink to Auric Pacific’s home page at http://www.auricgroup.com or to deep-link to certain of the web pages of the Websites.
4.3 You may not deep-link to the Websites or any part thereof which contains the following Materials: prices, documents of listed issuers or third parties (including, but not limited to, prospectuses, annual reports, circulars, corporate announcements) and SGXNET announcements.
4.4 You may not deep-link to the Websites or any part thereof which was dynamically created by Auric Pacific’s system and customised for particular usage sessions.
4.5 You may not hyperlink or deep-link to the Websites or any part thereof from any web page or website which contains materials or information which is inappropriate, profane, defamatory, infringing, obscene, indecent, vulgar, harassing, privacy invading, abusive, threatening, harmful, tortious, objectionable, unlawful or violates any applicable intellectual property or proprietary rights. 4.6 Notwithstanding anything to the contrary in these Conditions, Auric Pacific reserves all rights to terminate any Link from any website to the Websites for any reason. Upon Auric Pacific’s instructions, you must disable, remove and terminate any Link from any web page or website, or any mirroring or framing of the Websites or any part thereof immediately.
4.7 Auric Pacific holds no responsibility for the content available on any website which Links, mirrors or frames the Websites or any part thereof. In no circumstances will Auric Pacific be considered to be associated or affiliated in whatever manner with any trademarks, trade names, service marks, logos, insignia or other devices used or appearing on websites that Links, mirrors or frames the Websites or any part thereof.
5 Links to other websites
5.1 Any Links provided on the Websites are provided for your convenience only. Should you leave the Websites via such a Link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us.Auric Pacifichas not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. Auric Pacific makes no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of law.
5.2 Any such Link to other linked web pages or websites on the Websites does not constitute (a) an endorsement, authorisation, verification or representation that Auric Pacific is affiliated with the operators or owners of those linked websites; or (b) an endorsement, authorisation, verification, or representation of or as to the contents of such linked websites.
5.3 You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.
6 Third party advertising
6.1 Auric Pacific may allow third party advertisers to place advertisements on the Websites or any part thereof. Such advertisements will be clearly identified as originating from third parties. Auric Pacific does not endorse, and will not be responsible for the contents of such advertisements or for access, use, reliance, sale, purchase, or other action on your part with respect to the contents or subject matter of such advertisements. Paragraph 5 of these Conditions shall apply in respect of any Link contained in any such advertisement.
7 Identification key and password
7.1 Certain web pages and/or sections of the Websites may only be used or accessed through an identification key and password.
7.2 Identification key and/or password may either be assigned to you or selected by you. Where they have been selected or changed by you, Auric Pacific has the discretion to reject any selection or change without assigning any reason. Auric Pacific recommends that you change your passwords often, use a combination of letters and numbers, and ensure that you use a secure browser.
7.3 You will be solely responsible to keep the identification key and password confidential, secret and secure. You must not disclose it, or allow it to be disclosed, to any other person.
7.4 If you believe that the security or confidentiality of your identification key or password has been compromised, you have the responsibility to change your identification key or password. You will be liable for any unauthorised use or access of such web pages and/or sections of the Websites. Auric Pacific is not liable for any damages resulting from any security breaches, unauthorised and/or fraudulent use or access of such web pages and/or sections of the Websites with your identification key and/or password.
8 Disclaimers and exclusion of liability
8.1 The Materials are of a general nature which have not been verified, considered or assessed by us and are provided to you on an “as is” and “as available” basis without warranties of any kind. Your use of the Materials is at your own risk. Auric Pacific hereby disclaims all liability and responsibility to update the Materials. Auric Pacific does not make any representations, and hereby disclaims all warranties, express or implied, statutory or otherwise to the extent permitted by law, in respect of the Websites or the Materials, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose, or any representations or warranties arising from usage, custom or trade or by operation of law.
8.2 Due to the inherent defects of electronic distribution, there may be errors, delays, omissions, interruption, breach of security, corruption, unavailability of access in connection with or inaccuracies in the Materials or the Websites (“Defects”). Auric Pacific does not guarantee, represent or warrant that access and use of the Websites will be uninterrupted. Auric Pacific assumes no responsibility for consequences of any such Defects even if either of us had been advised as to the possibility.
8.3 Auric Pacific does not guarantee, represent or warrant that the Websites is free of malicious software, including, but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful components (“Malicious Software”). Auric Pacific accepts no liability for any loss, damage, claim liability, expense or costs that may result from any transmission of such Malicious Software via the Websites (including, but not limited to, files downloaded from the Websites).
8.4 You should not take any action, or omit to take any action, in reliance on the Materials or the Websites without independent verification or advice.
8.5 Auric Pacific will not be liable to you or anyone for any loss, damage, claim, liability, expense or costs, whether in contract, tort (including negligence) or otherwise, arising out of or in relation to:
8.5.1 anything done or omitted to be done in relation to the Materials;
8.5.2 the use of the Materials; or
8.5.3 the use or access of the Websites.
8.6 Auric Pacific will not be liable for any direct, indirect, consequential, incidental, special or punitive loss, damage, claim, or liability including, but not limited to, loss of data, profits, business contracts or business opportunities, whether in contract, tort (including negligence) or otherwise.
8.7 You hereby agree to indemnify and hold us harmless against all loss, damage, claim, liability, expense or costs suffered or incurred by you in connection with or arising from:
8.7.1 your access and/or use of the Websites;
8.7.2 any other party’s access of this website and/or use of the online services using your username and/or login password;
8.7.3 your breach of any of these Conditions; and/or
8.7.4 any other party’s breach of any of these Conditions where such party was able to access and/or the Websites and/ by using your identification key and/or your password.
9 Not investment recommendation or advice
9.1 The Materials are not intended for distribution to or for use by or to be acted on by any person or entity located in any jurisdiction where such distribution, use or action would be contrary to applicable laws or regulations or would subject us to any registration or licensing requirement.
9.2 Our Website provides only general information on certain investment products. Auric Pacific does not provide, and the provision of such information must not be construed as Auric Pacific providing, financial advice or recommendation for any investment product. The Materials are subject to change without notice.
9.3 The availability of any Materials on, or the grant of access or use of, the Websites should not be taken in any way as an inducement to trade or a solicitation for orders or entry into any legal relations, nor taken as intended in any way to prompt any action or decision on your part whether to undertake or consider undertaking any investment decision or otherwise.
9.4 THE MATERIALS RELATING TO INVESTMENT PRODUCTS ARE AND SHOULD BE TAKEN AS PREPARED FOR GENERAL CIRCULATION AND NONE WAS PREPARED WITH REGARD TO THE SPECIFIC INVESTMENT OBJECTIVES, FINANCIAL SITUATION OR PARTICULAR NEEDS OF ANY PARTICULAR PERSON (INCLUDING YOU) WHO MAY RECEIVE OR HAVE ACCESS TO THE SAME. ANY RECOMMENDATION OR ADVICE THAT MAY BE EXPRESSED IN OR INFERRED FROM THE MATERIALS AVAILABLE THROUGH OUR WEBSITE THEREFORE DOES NOT, SHOULD NOT BE TAKEN AS TAKING INTO ACCOUNT, AND MAY NOT BE SUITABLE FOR, YOUR INVESTMENT OBJECTIVES, FINANCIAL SITUATION AND PARTICULAR NEEDS, AND BEARING IN MIND THE POSSIBILITY OF MARKET VOLATILITY AND CHANGES, MAY NOT EVEN COMPRISE CURRENT INFORMATION, CONTENT, RECOMMENDATION OR ADVICE.
9.5 THE MATERIALS AVAILABLE THROUGH OUR WEBSITE SHOULD THEREFORE NOT BE RELIED UPON IN RELATION TO ANY INVESTMENT DECISION, TRADING ACTIVITY OR ORDER PLACED BY YOU AND YOU SHALL, AT ALL TIMES, RELY ON YOUR OWN INDEPENDENT ASSESSMENT AND JUDGMENT IN RESPECT OF ANY INVESTMENT DECISION OR PROPOSED TRANSACTION AND SEEK INDEPENDENT ADVICE AS NECESSARY FROM YOUR OWN FINANCIAL, LEGAL, TAX OR OTHER PROFESSIONAL ADVISERS, INCLUDING BUT NOT LIMITED TO, ADVICE FROM A FINANCIAL ADVISER AS TO THE SUITABILITY OF THE INVESTMENT PRODUCTS (AS MAY BE REFERRED TO IN THE MATERIALS AVAILABLE THROUGH OUR WEBSITE), TAKING INTO ACCOUNT YOUR SPECIFIC INVESTMENT OBJECTIVES, FINANCIAL SITUATION OR PARTICULAR NEEDS, BEFORE MAKING ANY COMMITMENT TO ACQUIRE, TRADE OR DEAL IN ANY SUCH INVESTMENT PRODUCTS.
9.6 Investment products are subject to significant investment risks, including the possible loss of the principal amount invested. Past performance of investment products is not indicative of their future performance. Examples, where provided, are provided for illustrative purposes only.
10.1 Auric Pacific may collect certain personal information including, but not limited to, (a) identification data (for example your name, e-mail address, mailing address, contact number, birth date, age, occupation, educational level, income level, gender, industry of work); (b) information about your usage of and interaction with the Websites (for example computer and connection information, device capability, bandwidth, statistics on page views, frequency of use and traffic to and from the Websites); (c) electronic identification data (for example internet protocol address and cookies); and (d) your user profile (for example identification key and password) ((a) to (d) collectively, “Personal Information”) via the Websites. The provision of such Personal Information by you is not mandatory, but may be required in order to use or access certain web pages and/or sections of Auric Pacific’s Website or Auric Pacific’s services, or to purchase Auric Pacific’s products or services.
10.2 Auric Pacific is committed to protecting your privacy. Auric Pacific does not disclose specific information about Auric Pacific’s users to any third parties unless required by law or any government agencies, to comply with legal process, where necessary to enforce these Conditions, to respond to claims from third parties, to protect the safety, interests, rights or property of Auric Pacific or others or as permitted under these Conditions.
10.3 You agree that Auric Pacific may disclose your Personal Information to third parties under any of the following circumstances:
10.3.1 when Auric Pacific has your consent to disclose the Personal Information;
10.3.2 when Auric Pacific discloses your Personal Information in accordance with these Conditions; 10.3.3 Auric Pacific needs to disclose your Personal Information to provide the services that you have requested; and
10.3.4 Auric Pacific needs to disclose the Personal Information to third parties who on behalf of us provide services to you (Auric Pacific will only provide such third parties the relevant information required for the provision of the services, and the third parties are prohibited from using such Personal Information for any other purpose).
10.4 Auric Pacific may sell or buy subsidiaries or business units. In such transactions as well as in the event that all or substantially all of Auric Pacific’s assets are acquired by a third party, your Personal Information will generally be one of the transferred business assets. Auric Pacific reserves the right to include your Personal Information, collected as an asset, in any such transfer to a third party.
10.5 In the event that you participate in promotional programmes on the Websites sponsored or organised by third parties, or purchase goods and services offered by third parties, or offer goods and services to third parties on the Websites, your information may be disclosed to and used by such third parties. From time to time, Auric Pacific receives Personal Information from business partners and third parties. Auric Pacific only uses such information if it has been collected in accordance with acceptable privacy practices consistent with these Conditions and applicable laws. Auric Pacific is not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with these Conditions.
10.6 Certain web pages and/or sections of the Websites may use “cookies”, which are small data files sent to your computer, to store and track information about you when you access such web pages and/or sections of the Websites. The cookies track information such as users’ profiles, the number of users, their frequency of use and their preferred websites.
10.8 Information that Auric Pacific collects may be stored or processed in any country and may be transferred between countries. Some of these countries may have data protection laws that are less stringent that those in the country in which you are using or accessing the Websites. You acknowledge and agree to such storage, processing and transfer.
10.9 You also acknowledge and agree that information that Auric Pacific collects may be stored or processed in, or transferred to, servers of Auric Pacific’s service providers. 10.10 While Auric Pacific will take reasonable care in preventing the loss, misuse or alteration of your Personal Information, you acknowledge that data transmission over the Internet is insecure and Auric Pacific cannot guarantee the security of the data transmitted over the Internet.
10.11 Auric Pacific may allow certain third party companies to collect certain anonymous information when you visit the Websites. These companies may use non-personally identifiable information during your visits to the Websites and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information.
11 Violations of these Conditions
11.1 Auric Pacific reserves the right, in our absolute discretion, to monitor any and all access and use of the Websites. Auric Pacific reserves our right to terminate your access and/or use of the Websites or any part thereof and Auric Pacific may block access from a particular internet protocol address to the Websites or any part thereof in the event of any violation of these Conditions. In addition, Auric Pacific reserves the right to seek all remedies available under these Conditions, at law and in equity for violations of these Conditions.
12 Changes to these Conditions
12.1 Auric Pacific may, from time to time and at any time, update or revise these Conditions. Such update or revision is effective upon publication on the Websites. You are responsible for ensuring that you have read the most current version of these Conditions. Your continued access and/or use of the Websites will be deemed to constitute your conclusive acceptance of the updated or revised Conditions. The Materials are subject to change including, without limitation, modification, deletion or replacement thereof without notice.
13.1 If any provision of these Conditions, in whole or in part, is held to be illegal, invalid or unenforceable under any enactment or rule of law or by any court in any jurisdiction: (i) such provision or part will, to that extent, be deemed not to form part of these Conditions, but the legality, validity and enforceability of the remainder of these Conditions is not affected; and (ii) the legality, validity and enforceability of that or any other provision or part under any other jurisdiction will not be affected.
14 Governing law and jurisdiction
14.1 These Conditions shall be governed by, and construed in accordance with, the laws of Singapore. You agree to submit to the non-exclusive jurisdiction of the Singapore courts.
15 English version to prevail
15.1 The Materials, the Websites and these Conditions are also available and reproduced in Chinese. In the event of any discrepancy between the Chinese and English versions of the Materials, the Websites or these Conditions, the English version will prevail.