The following Terms and Conditions
govern your use of the Website. Your access to and use of
the Website constitutes your acceptance of these Terms and
Conditions. These Terms and Conditions are applicable only
to persons accessing the Websites. There may be separate
terms and conditions that apply if you access other pages
or links on the Website and it is your responsibility to
check and read such terms and conditions where applicable.
YOU SHOULD READ ALL OF THE TERMS AND CONDITIONS CAREFULLY
BEFORE YOU USE THE WEBSITE AS YOU WILL BE LEGALLY BOUND
BY THEM. If you do not accept these Terms and Conditions
and do not want to be legally bound by them, you must
either not access the Website or you must discontinue
using the Website and exit immediately.
The Company has Additional Terms and Conditions for access
to the Secured Site as set out below applicable to Customers,
Financial Advisers and Financial Adviser Representatives.
The Company may, from time to time, without prior notice,
make amendments to these Terms and Conditions and you are
legally bound by such revisions and should therefore at
regular intervals visit this page to read the latest version
of the Terms and Conditions which shall become controlling
when posted on the Website.
1) Definitions
In these Terms and Conditions, the following words and
phrases have the meanings set opposite them unless the
context indicates otherwise:
Additional Terms and Conditions means such terms
and conditions which are applicable to particular persons
as specified in addition to these Terms and Conditions.
| Company, us or we means
each of the following as applicable: |
a.
|
Aviva Ltd (formerly
The Insurance Corporation of Singapore Limited and
formerly CGU International Insurance plc) |
b.
|
Navigator Investment Services
Limited; and |
c.
|
Aviva Asia Pte Ltd. |
| |
| Confidential
Information means: |
a.
|
the Material; |
b.
|
the Secured Site; |
c.
|
all other information relating
to the Company, its customers or its business which
is disclosed to (or is otherwise acquired by) you, your employees,
agents or contractors, by or on behalf of the Company, and which
is not publicly available; and |
d.
|
all other information disclosed
in circumstances which a reasonable person would consider
to be confidential. |
Customer means a user of the Website who through
his User Name and Customer
Password accesses the Secured Site.
Customer Password means the password or other
means of authentication
prescribed by the Company from time to time provided to or used by the
Customer
for access to the Secured Site.
Financial Adviser means a company, who through
Financial Adviser Representatives recommends investments
to individuals or institutional clients, and who has entered
into a distribution agreement with Aviva Ltd and/or Navigator
Investment Services Ltd and/or Aviva Asia Pte Ltd and who
by using its Financial Adviser User Name and Financial
Adviser Password accesses the Secured Site.
Financial Adviser Representative means a person
who is employed by or acting for or by arrangement with
a Financial Adviser to recommend investments to individuals
or institutional clients and who by using its Financial
Adviser Representative User Name and Financial Adviser
Representative Password accesses the Secured Site.
Financial Adviser User Name means the user and
login identification provided to Financial Adviser by the
Company to enable access to the Secured Site.
Financial Adviser Password means the password or
other means of authentication prescribed by the Company
from time to time and provided to or used by the Financial
Adviser for access to the Secured Site.
Financial Adviser Representative User Name means
the user and login identification provided to Financial
Adviser Representative by the Company to enable access
to the Secured Site.
Financial Adviser Representative Password means
the password or other means of authentication prescribed
by the Company from time to time and provided to or used
by the Financial Adviser Representative for access to the
Secured Site.
Material means reports, opinions, financial and
investment-related data, calculators, documents and other
information or material including images and graphics posted
and/or made available on the Website by the Company from
time to time.
Messages includes all directions or requests communicated
from time to time electronically between you and the Company.
Personal Information means all information including
health and financial information provided by you to the
Company from time to time.
Person or Persons shall be deemed to include bodies
corporate or unincorporate.
Secured Site means the secured sections of the
Website which can only be accessed by Customers, Financial
Advisers and Financial Adviser Representatives.
Terms and Conditions means these terms and conditions
and Additional Terms and Conditions as the same may be
amended, varied or modified from time to time.
User Name means the user and login identification
provided to Customer by the Company to enable access to
the Secured Site.
You means the person accessing the Website and
includes Customer, Financial Adviser and Financial Adviser
Representatives save where indicated otherwise and your has
a corresponding meaning.
| Restrictions
on Use of Website |
| You |
|
must not use
or act on or through the Website, directly or indirectly,
to commit any crimes; |
|
must not act on or through
the Website so as to interfere with or disrupt Internet
users, service providers, or their computers, software
or hardware. Such actions include, but are not limited
to, the circulation of any unsolicited publicity or
advertising material, propagation of computer worms
or viruses, using the Website to gain unauthorised
access to any other computer, sending harassing, obscene,
indecent, offensive or threatening electronic mail,
forgery (or attempted forgery) and creation of false
electronic mail messages or websites and the replacement,
transmission or storage of any defamatory material
on the Internet; |
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must not access, or permit
any other party to access the Website for any purpose
or activity of an illegal, fraudulent or defamatory
nature; |
|
agree not to reproduce, frame,
transmit, broadcast, adapt, modify, reverse assemble
or reverse decompile the Website, or any of its component
parts; |
|
must comply strictly with
these Terms and Conditions and all other directions
issued from time to time by the Company relating to
your access and use of the Website; and |
|
warrant that in accessing
and using the Website, you will not breach any law,
including without limitation, any copyrights, patents,
trade secrets, confidential information or other intellectual
property rights of any other person and any law or
code (where applicable) for the collection, use, disclosure
and protection of Personal Information. You will keep
and maintain appropriate systems and controls to ensure
your compliance with this warranty. |
Intellectual Property
Unless labelled to the contrary, the Company owns or uses under licence
all intellectual property rights in all works and Material located
at the Website. You must not remove or modify any notices of attribution
or copyright. The Website contains names and logos which are registered
and unregistered trademarks of Aviva plc group of companies. Any use
of any of these names and logos, without prior approval, would constitute
an infringement of these trade marks and is strictly prohibited. Nothing
contained in this Website should be construed as conferring, by implication,
estoppel or otherwise, a licence or right to use any of the trademarks
without prior approval.
Product Availability
The information contained on the Website does not constitute a distribution,
an offer to sell or the solicitation of an offer to buy. Some products
or services detailed on the Website are only available to persons in
certain named countries. Your local legislation may not permit us to
offer products or services to you in your own country. We reserve the
right to determine the eligibility of any user for any product or service.
Please check with your local financial adviser as to whether such products
or services are available in the country in which you are resident.
Not Advice or Offer or Solicitation
The Material on the Website is of a general nature only and is not intended
to be general or personal financial product advice or an offer or solicitation
to sell any product or service set out in the Website. The information
has not been prepared taking into account the particular investment
objectives, financial situation and needs of any particular investor.
Accordingly, you should assess whether the Material is appropriate
in the light of your individual circumstances, and/or the individual
circumstances of your employee, before acting or advising on the Material.
We recommend that you discuss any specific matters with your financial
adviser prior to making any decisions.
The Material on the Website does not constitute legal,
tax, investment or accounting advice. The information is
of a general nature only and is not intended to be, and
is not, a complete or definitive statement of the matters
described in it. Accordingly, you should not rely or act
upon the Material as legal, tax, investment or accounting
advice. The posting of any prospectus or any other information
on the Website should not be interpreted as a recommendation
or opinion that you should make any purchase or sale or
participate in any transaction. Please contact your financial
adviser if you require investment advice.
No Warranties
The Website is provided on an “as is” and “as available” basis. To the
extent permitted under applicable law, all warranties of any kind, whether
express or implied including but not limited to implied warranties of
merchantability, satisfactory quality, fitness for a particular purpose,
title and non-infringement of third party rights are disclaimed.
The Material may incorporate information obtained from
third parties (including but not limited to unit prices)
the accuracy of which may not have been established by
the Company.
The Company gives no warranty as to the accuracy, adequacy
or completeness of the Material, and accepts no responsibility
for any errors or omissions in the Material however arising
(including but not limited to errors or omissions arising
as a result of the negligence of the Company, its directors,
employees, agents or representatives).
The Company makes no warranty that the operation of the
Website will meet your requirements or that your access
to the Website will be uninterrupted, timely, secure, free
of viruses or free from errors or that the results that
may be obtained from use of the Website will be complete,
accurate or reliable. You will assume all loss, damages
and costs that may be incurred in respect of your computer
equipment and software as a result of any viruses, errors
or other problems that you may have as a result of visiting
the Website.
If you are dissatisfied with any portion of the Website
or with any of these Terms and Conditions, your sole and
exclusive remedy is to discontinue using the Website.
The Company does not represent or warrant that any files
obtained from or through the Website or any third party
site are free from computer viruses or other defects. Any
such files are provided, and may only be used on the basis
that you assume all responsibility for any loss, damage
or consequence resulting directly or indirectly from use
of those files.
| Confidential
information |
| You
acknowledge that: - |
a.
|
in accessing
the Website or the Material, you may acquire Confidential
Information from the Company; |
b.
|
the Confidential Information
comprises information that is valuable and may cause
serious damage and loss (including to third parties)
if it is improperly disclosed or used. |
You must hold all Confidential Information in confidence
and may not make any use of it except for the purposes
of, or as authorised under, these Terms and Conditions
(or as otherwise approved by the Company), and may not
disclose or permit or cause the Confidential Information
to be disclosed to any person except a person authorised
by the Company to receive it or where the disclosure is
authorised under these Terms and Conditions. You are liable
for any misuse of the Confidential Information by you.
Sending of Messages
Certain portions of the Website offer you the ability to send and receive
electronic mail messages (“email”). Email functionality, if any, is
provided to you to facilitate communications between you and the Company.
You should regularly access your mailbox to read your emails and ensure
that old mails are archived and that your mailbox size is not exceeded.
The Company shall have no liability for any loss or damage
that (a) results from interception and/or unauthorized
use by third parties of any information you send by email
or (b) results from unaccepted email requests, orders or
instructions or (c) results from the Company not having
received email requests, orders or instructions even though
it has been sent or (d) results from you not receiving
any of your emails for whatever reason whatsoever or (e)
results from the deletion or removal of any of your emails
by the Company as part of its housekeeping process or (f)
results from the termination and deletion of your email
accounts by the Company for any reason whatsoever. You
must ensure that all Messages sent by you to the Company
are timely, complete and accurate. The Company will not
be liable for any consequences of any failure by you to
perform your obligations under this clause. The Company
has absolute discretion in deciding which requests, orders
or instructions can be made via email and the Company will
inform a Customer if it rejects any requests, order or
instructions sent by a Customer by email. If there is evidence
that a Message has been corrupted by the Company or if
any Message is identified or capable of being identified
as being incorrect, you must re-transmit that Message as
soon as practicable after becoming aware that the Message
has been corrupted or is, or is capable of being, incorrect,
together with a clear indication that it is a corrected
Message. All Messages are effective only when they have
been completely received by the Company and the responsibility
is yours to ensure that the Message is received by the
Company.
Liability
The Company shall not be liable for any direct, indirect, incidental,
special or consequential, punitive damages or economic loss, suffered
as a result of (a) the use of, misuse of or inability to use the Website
(or any other linked website) by you or anyone else; (b) any malfunction,
breakdown or error in the Website, howsoever caused; (c) the Material
on the Website or any information, data or material from any other
linked website; (d) any cessation, suspension or termination of the
Website; and (e) howsoever caused including negligence even if the
Company, its directors, employees or authorized representatives have
been advised of the possibility of such damages, losses and/or expenses.
In no event shall the Company’s liability to you for all damages, losses
(whether in contract or tort including but not limited to negligence
howsoever caused or arising) exceed the amount paid by you, if any,
for accessing the Website.
You must indemnify the Company, its directors, employees
and agents and hold them indemnified, against (a) all actions,
claims, suits, proceedings, causes of action and demands
that are made by any person in connection with your use
(or misuse) of the Website or the Material; and (b) all
losses, costs, expenses and damages incurred by the Company
in connection with a breach by you of any provision of
these Terms and Conditions.
Intermediaries
You are liable to the Company for any acts, failures or
omissions (including negligence and any changes in the
data comprising any Message) by any intermediary used
by you to transmit, log or process Messages as if they
were your own acts, failures or omissions. For the purposes
of these Terms and Conditions, any intermediary (and
intermediary will include any adviser appointed or engaged
by you) used by you in this manner will be deemed to
be your agent.
Financial Advisers
The Financial Advisers referred to or mentioned in the
Website are not, nor can they be construed as, representatives,
agents or employees of the Company. The Company does
not in any way endorse, recommend or guarantee the competence,
experience, probity, suitability, performance, value,
quality or level of service of any Financial Adviser
and we recommend that you conduct your own enquiries
to satisfy yourself as to the competence of and accuracy
of any information in respect of the Financial Advisers.
All dealings with any Financial Adviser by you are at
your own risk and you shall have no recourse against
the Company for whatever reason.
The Company reserves the right to remove from the Website
information relating to a particular Financial Adviser
at any time, with or without cause. If this occurs, you
will not be able to access information provided by that
Financial Adviser.
Hyperlinking
The Website may provide links to other websites or permit
third parties to link to the Website. Links to or from
a third party site, whether provided by the Company or
not, do not imply an endorsement, approval, or verification
of any content available on such third party sites by
the Company nor the people who run or contribute to such
sites. The Company is not responsible or liable for the
accuracy or completeness of the content on any such third
party sites. Your access to such third party websites
are at your own risk.
Termination
Your access to the Website may be terminated by the Company
in its sole discretion at any time without notice. The
limitations of liability and disclaimers made by the
Company in these Terms and Conditions will survive any
termination of access to the Website.
| Miscellaneous |
|
Any waiver by
the Company of a breach of any provision of these Terms
and Conditions shall not be deemed to be a waiver of
any subsequent breach of any provision. |
|
If any term of these Terms
and Conditions shall be held to be invalid or unenforceable
by reason of any law, such invalidity or unenforceability
shall attach only to such term and this shall not invalidate
the remaining provisions of these Terms and Conditions. |
|
Any rights not expressly
granted herein are reserved. The Company may transfer
or assign its rights and obligations under these Terms
and Conditions to any party at any time. |
|
The headings in these Terms
and Conditions are for ease of reference only and shall
not be used to construe or interpret the meaning of
any term. |
|
These Terms and Conditions
are governed by the laws of Singapore and any dispute
under these Terms and Conditions or arising from the
use of the Website shall be subject to the exclusive
jurisdiction of the courts of Singapore. |
|
The Contracts (Rights of
Third Parties) Act (Cap 53B) shall not apply to these
Terms and Conditions. |
Privacy Policy
The Company is not responsible for the privacy and security
practices of other websites linked to the Website. You
should refer to the privacy statements contained in those
websites. The Company takes no responsibility for information
you transmit over the Internet. Once we receive your
information, we will make all reasonable efforts to keep
it secure on our systems.
What Personal Information is Collected
The Personal Information collected by the Company about you will depend
on your use of the different functions available on the Website. If
you visit the Website for any reason, including to read, browse, download
information, or send Messages, our systems will record your server
address, the date and time of your visit and Personal Information provided
by you via the Secured Site to the Company. If you are accessing the
Secured Site to request reports, our systems are able to match your
password to enable you to access information on your investments recorded
on our system.
Use of Cookies
The Company reserves the right to use “cookies” so that we may keep track
of your preferences and usage patterns to allow for improvements to the
Website and also for planning, product development, marketing and research
purposes including improvements and enhancements in our service to you.
We may also collect IP addresses to help us diagnose problems.
Disclosure of Personal Information
The Company may, in its absolute discretion, reveal or release your Personal
Information to a third party where this is required or necessary.
If you are an investor or policyholder, you authorise
the Company to provide Personal Information to your Financial
Adviser Representative.
Security of Personal Information
The Company has implemented suitable security processes and technologies
to securely maintain Personal Information collected and ensure that
it is not incorrectly used and that there is no unauthorised access.
| How
to access and change your Personal Information |
| You
can change: |
a.
|
your Customer
Password, Financial Adviser Password or Financial Adviser |
b.
|
your Username, Financial
Adviser User Name or Financial Adviser Representative
User Name (as the case may be) and other Personal Information,
such as address and contact details on the Secured
Site. |
These Additional Terms and Conditions apply to Customers
only. A Customer’s access and use of the Secured Site
constitutes his acceptance of these Additional Terms
and Conditions.
Access to the Secured Site
The Company will send to Customer his User Name and Customer Password
by post and Customer’s access to the Secured Site can only be activated
after his first sign on to the Secured Site by using his User Name
and Customer Password. Customer must notify the Company immediately
if he does not receive his Customer Password within one (1) month after
receipt of his User Name.
Customer shall maintain and promptly update his Personal
Information through the Secured Site to keep it true, accurate,
current and complete at all times. The Company has the
right to suspend or terminate Customer’s access to the
Secured Site where any part of Customer’s Personal Information
is untrue, inaccurate, not current or incomplete or if
there are reasonable grounds for suspecting that such is
the case.
Customer is responsible for providing and maintaining
all telephone lines, modems, computer hardware and software
and all other equipment necessary for him to access the
Secured Site in addition to all communications service
fees and charges incurred. The Company will not provide
any support services for Customer’s access to the Secured
Site or any maintenance or development services.
Security
Customer is responsible for maintaining the confidentiality of his User
Name and Customer Password as well as for all activities that occur
from their use. The Company is entitled to accept Customer’s instructions
given via his User Name and Customer Password as valid and binding
without the need for further inquiry or investigation even if Customer
can prove that the instructions were not sent by him or sent without
his authority.
The Company is entitled, at its discretion, to seek Customer’s
confirmation offline or require other additional authentication
processes or methods, on any of his instructions as and
when it so deems fit. Customer agrees that the Company
is not liable for any damage or loss resulting from any
breach of security arising from Customer’s failure to keep
confidential his User Name and Customer Password and Customer
shall defend, indemnify and hold the Company harmless against
all liability, loss, damage or costs and expenses arising
or resulting from such access or use of the Secured Site.
Customer must notify the Company when he becomes aware
of any loss or theft or unauthorized use of either his
User Name and/or Customer Password and he shall give such
details and assistance to the Company as may reasonably
be required. In such a case or if Customer desires to change
his password or if Customer forgets his password, Customer
can change his User Name and/or Customer Password on the
Secured Site. However, until the change is effected, Customer
shall be liable for all transactions carried out by the
use of the User Name and/or Customer Password on the Secured
Site.
Where inaccurate information in Customer’s account balances,
securities position or transaction history is detected
or where there is any transaction occurring which Customer
has not authorized, Customer must immediately inform the
Company failing which neither the Company nor any of its
officers, employees, agents or affiliates is to be liable
to Customer or any third party.
The Company reserves the right to block access to the
Secured Site at any time for any reason. The Company may
require the use of encryption technology for certain transactions
as a means of security. In such an event, the Company has
the right to require Customer to use such technology, at
Customer’s costs, in accessing and using the Secured Site.
Evidence of Transactions
The Company’s own records of the transactions maintained through computer
systems or otherwise shall be accepted as conclusive and binding for
all purposes.
The below Additional Terms and Conditions apply to
Financial Advisers and Financial Adviser Representatives
only. The Financial Adviser’s access to and use of the
Website signifies its and its Financial Adviser Representatives’ acceptance
of these Additional Terms and Conditions.
Every Financial Adviser shall ensure that its Financial
Adviser Representatives are aware of and comply with
these Additional Terms and Conditions. A Financial Adviser
is liable at all times (a) for all acts committed by
its Financial Adviser Representatives under these Terms
and Conditions; and (b) any breach of these Terms and
Conditions by any of its Financial Adviser Representatives.
Access to the Secured Site
The Company will send to a Financial Adviser its Financial Adviser User
Name and Financial Adviser Password by post and each such Financial
Adviser’s access to the Secured Site can only be activated after its
first sign on to the Secured Site by using its Financial Adviser’s
User Name and Financial Adviser’s Password. A Financial Adviser must
notify the Company immediately if it does not receive its Financial
Adviser Password within one (1) month after receipt of its Financial
Adviser User Name.
The Company will send to each Financial Adviser Representative
his Financial Adviser Representative User Name and Financial
Adviser Representative Password separately by post and
each such Financial Adviser Representative’s access to
the Secured Site can only be activated after his first
sign on to the Secured Site by using his Financial Adviser
Representative User Name and Financial Adviser Representative
Password. A Financial Adviser Representative must notify
the Company immediately if he does not receive his Financial
Adviser Representative Password within one (1) month after
receipt of his Financial Adviser Representative User Name.
Each Financial Adviser and Financial Adviser Representative
shall maintain and promptly update their Personal Information
to keep it true, accurate, current and complete at all
times. The Company has the right to suspend or terminate
access to the Secured Site where any part of a Financial
Adviser or Financial Adviser Representative’s Personal
Information is untrue, inaccurate, not current or incomplete
or if there are reasonable grounds for suspecting that
such is the case.
Security
Each Financial Adviser shall be the only authorized user of its Financial
Adviser User Name and Financial Adviser Password and shall be responsible
for maintaining the confidentiality of all its Financial Adviser User
Names and Financial Adviser’s Passwords as well as for all activities
that occur from their use.
Each Financial Adviser Representative shall be the only
authorized user of his Financial Adviser Representative
User Name and Financial Adviser Representative Password
and shall be responsible for maintaining the confidentiality
of his Financial Adviser Representative User Name and Financial
Adviser Representative Password as well as for all activities
that occur from their use.
Each Financial Adviser agrees that the Company is not
liable for any damage or loss resulting from any breach
of security arising from the Financial Adviser’s failure
to keep confidential any Financial Adviser User Name and
Financial Adviser’s Password or from its Financial Adviser
Representatives’ failure to keep confidential the Financial
Adviser Representative User Name and Financial Adviser
Representative Password and each Financial Adviser shall
defend, indemnify and hold the Company harmless against
all liability, loss, damage or costs and expenses arising
or resulting from such access to or use of the Secured
Site.
Each Financial Adviser must notify the Company when it
becomes aware of any loss or theft or unauthorized use
of (a) either its Financial Adviser User Name and/or Financial
Adviser’s Password or (b) either any Financial Adviser
Representative User Name and/or Financial Adviser Representative
Password and it shall give such details and assistance
to the Company as may reasonably be required. In such a
case or if any Financial Adviser or Financial Adviser Representative
desires to change its/his password or if Financial Adviser
or Financial Adviser Representative forgets its/his password,
each such Financial Adviser or Financial Adviser Representative
can change its/his user name and/or password on the Secured
Site. Until the change is effected, each such Financial
Adviser shall be liable for any unauthorized access to
the Secured Site arising as a result of the use of its
Financial Adviser User Name and/or Financial Adviser Password.
The Company reserves the right to block access to the
Secured Site at any time for any reason. The Company may
require the use of encryption technology for certain transactions
as a means of security. In such an event, the Company has
the right to require every Financial Adviser and Financial
Adviser Representative to use such technology, at the Financial
Adviser’s costs, in accessing and using the Secured Site.
| The
Financial Adviser: |
|
acknowledges
that, in the process of its representatives or Financial
Adviser Representatives accessing and using the Secured
Site, they will access Personal Information regarding
or relating to Customers; breach of any provision. |
|
is responsible for obtaining
all necessary consents from its clients to enable the
Company to provide and view and manipulate any Personal
Information in accordance with these Terms and Conditions
and to ensure that such use does not infringe any privacy
laws; |
|
will keep and maintain appropriate
systems and controls to ensure that only its representatives
and Financial Adviser Representatives and no one else
directly or indirectly will have access to Personal
Information; |
|
will observe all laws and
codes (where applicable) governing the collection,
use, disclosure and protection of Personal Information
in respect of all Personal Information provided by
the Company, or to which its representatives or Financial
Adviser Representatives will have access, in the course
of accessing the Secured Site; |
|
will promptly follow any
reasonable direction of the Company in relation to
Personal Information; and |
|
indemnify and hold the Company
and its directors, employees and agents indemnified
against any action or claim relating to or otherwise
in connection with the provision of Personal Information
to it or Financial Adviser Representatives by the Company. |
Termination
The Company will terminate any Financial Adviser Representative’s access
to the Website in the event that the Financial Adviser Representative
ceases to be a representative of the Financial Adviser. A Financial Adviser
shall notify Company immediately when any Financial Adviser Representative
ceases to be a representative of the Financial Adviser failing which
the Financial Adviser shall defend, indemnify and hold the Company harmless
against all liability, loss, damage or costs and expenses arising or
resulting from the continued unauthorised access to or use of the Secured
Site by the Financial Adviser Representative.
|