Please read this Terms of Use (the “Agreement”) carefully. By downloading or using the App (as defined below), or otherwise indicating your agreement, you are consenting to this Agreement, including the policies referred to herein. At all times herein, “we” or “us” or “our” refers to Cyberquote Pte Ltd. and “you” or “your” or “user” refers to the user who has opened an account with Cyberquote Pte Ltd.
This Agreement is between you and Cyberquote Pte Ltd (“CQ”) concerning your use of (including any access to) our website(s), mobile and desktop applications known as “CQSTATION (collectively the “App”), cyberquote.com, and any other CQ website or mobile application that posts a link to this Agreement. You acknowledge that CQ provides information and materials (collectively, the “Content”) and communications services (“Service”) that you may utilize to engage in self-directed securities trading through a brokerage account with an appropriately registered broker-dealer that has licensed the App for use by its customers (“broker-dealer”). The Content includes, without limitation, the Market Data discussed in Section 5 of this Agreement and the User Submissions discussed in Section 9 of this Agreement. You acknowledge that: CQ is not a broker-dealer. CQ does not provide investment advice or make investment recommendations. If you want to trade securities, you must open an account with a broker-dealer. CQ does not make any recommendations with respect to your choice of a broker-dealer. You are responsible for conducting your own review in selecting a broker-dealer of your choosing. If you open an account with a broker-dealer, your relationship with that broker-dealer will be governed by a customer agreement between you and the broker-dealer.
This Agreement is separate from any agreements that you may enter into with your broker-dealer, including any customer or account agreements and any other agreements that govern your use of software, products, good, services, content, tools, and information provided by your broker-dealer.
YOU HEREBY AFFIRM THAT YOU ARE 18 OR OLDER TO ENTER INTO THIS AGREEMENT.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 18 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
SCHEDULE — MARKET DATA INFORMATION PROVISIONS
The market data information (the “Market Data”) is provided by SINGAPORE EXCHANGE SECURITIES TRADING LIMITED AND ANY OTHER THIRD PARTY (collectively, the “Market Data Providers”). In relation to the usage of the Market Data, you acknowledge and agree to the following:
1.The provision of Market Data Information
1.1 Market Data provided herein is for the exclusive use of you for your personal use, within the scope of the activities authorized hereunder and not for any illegal purpose. You shall take all reasonable measures in order to avoid Market Data that it receives being used for unauthorized or illegal purposes or being hacked.
1.2 You are expressly prohibited from redistributing or otherwise disseminating the said Market Data or any part thereof in any manner or format whatsoever, to any individual or legal entity whatsoever, either for free or for valuable consideration, without the prior written consent of the applicable Market Data Providers, its holding companies and/or any subsidiaries of such holding companies.
1.3 You unconditionally agree that you shall accept the specific conditions imposed by the Market Data Providers, as specified from time to time by such Market Data Providers.
1.4 You acknowledge that the Market Data Providers are and shall remain the owner of all the property rights over the Market Data provided by the Market Data Providers.
1.5 You are responsible and shall indemnify us, your broker-dealer and the Market Data Providers for all the consequences of any unauthorized use.
1.6 You acknowledge that since the Market Data relates to financial information, the Market Data Providers and/or your broker-dealer reserve(s) the right to modify the structure of the Market Data provided in the event that they are required to do so by legislation or that any regulations governing them are amended.
1.7 You acknowledge that we are under an absolute obligation to modify or stop providing the Market Data on first demand from the Market Data Providers to do so, and for whatever reason. Should this happen, CQ shall in no case be held liable for the consequences of this modification, interruption or termination in the provision of Market Data.
1.8 Neither CQ nor any Market Data Provider shall be directly or indirectly liable for any damage whatsoever resulting directly or indirectly from the content, reliability, integrity, comprehensiveness, accuracy or quality of the Market Data. CQ shall not be directly or indirectly liable for any damages whatsoever, including consequential loss, special, indirect or punitive damages, resulting from or arising out of an interruption or of the transmission of the Market Data.
1.9 You agree to pay Market Data fees as stipulated by CQ from time to time.
2.Termination
2.1 The provisions herein shall enter into effect on the date of acceptance by you herein and it shall continue in effect without expiration until and unless CQ notifies you of its intent to discontinue providing the Market Data.
2.2 The provisions herein will automatically terminate with immediate effect in the event of termination and/or closure of your account with CQ.
2.3 CQ shall automatically terminate and cut off the flow of Market Data at any time, without any liability, and/or owing any compensation, to you, if you do not comply with the terms and conditions set forth herein concerning the Market Data.
3. Disclaimer
3.1 The Market Data Providers’ Disclaimer
In relation to the Market Data supplied by the Market Data Providers, you acknowledge and agree that:
SINGAPORE EXCHANGE SECURITIES TRADING LIMITED, ITS HOLDING COMPANIES AND/OR ANY SUBSIDIARIES OF SUCH HOLDING COMPANIES ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.
3.2 CQ Disclaimer
In relation to the Market Data provided in the App, you acknowledge and agreed that: CQ ENDEAVOUR TO ENSURE THE ACCURACY AND RELIABILITY OF THE INFORMATION PROVIDED BUT DO NOT GUARANTEE ITS ACCURACY OR RELIABILITY AND ACCEPT NO LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY LOSS OR DAMAGE ARISING FROM ANY INACCURACIES OR OMISSIONS.