By accessing and using this website, you represent and warrant that you are either resident in Singapore or the applicable laws and regulations of your jurisdiction allow you to access the website, and that you have agreed to the conditions below. You acknowledge that you have read and agree to be bound. If you do not agree to these Terms, please do not access and use this website.
2. Right to Modification / Termination
2.1 Avanda reserves the right to amend these Terms at any time, with or without notice. You agree that it is your responsibility to stay informed about any updates or amendments to these Terms. The current version of these Terms and any updates or changes to the same can be found at http://www.avanda.sg/terms-of-use.
2.2 Your continued access and/or use of this website following any updates or changes to the Terms constitutes your agreement to these updates or changes. If you do not agree with any of the updates or changes to the Terms, please discontinue any further access or use of the website.
2.3 Avanda reserves the right to modify, enhance, upgrade, reduce or vary the features and functionality of the website in whole or in part, at any time, for any reason, with or without notice; or terminate or suspend your access and use of the website and the Contents contained therein at any time, for any reason, with or without notice. You agree that (a) Avanda will not be liable to you or any third-party for any modification, suspension or termination of the access to and use of the website; and (b) these Terms will apply to all such modifications, upgrades, enhancements, reductions and/or variations to the website, including any functionalities or features available therein.
3.1 The information on this website, including any information, data, text, images, sounds, graphics, videos and any other content available therein (collectively, the “Content”), is not intended for persons located or resident in jurisdictions where the distribution of such information is restricted or unauthorized. No action has been taken to authorize, register or qualify any of the Avanda funds or otherwise permit a public offering of any Avanda fund in any jurisdiction.
3.2 The website and its Content is permitted only for the use of persons who are “institutional investors” or “accredited investors”, each within the meaning provided in the Securities and Futures Act (Cap. 289) of Singapore, or the equivalent class of “institutional investor” or “accredited investor” under the laws of the country or territory of such person. The products and services described in this website are available to such aforementioned categories of persons only.
4. Intellectual Property Rights
4.1 You agree and acknowledge that the website and its Content constitutes the intellectual property of Avanda and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
4.2 You are not permitted to use any trademarks, trade names, logos or any Content protected by copyright in any manner which creates the impression that such items belong to you, or that you are in any way connected or associated to Avanda, without the prior consent of Avanda.
4.3 You may not use the website and the Content available therein for any advertising, publicity or in a manner that is promotional in nature or intended to exploit the website and the Content for a commercial purpose, or as a hyperlink, without the prior written permission of Avanda.
5. Scope of Use
5.1 You may access and use the website and the Contents therein for your personal use and strictly in accordance with these Terms. In particular, you agree that you shall not:
(a) modify, disassemble, decompile or reverse engineer the website, including any software therein, and/or any of the Content available and accessible therein; and/or reproduce or make any copies of the website, including any software therein, and/or any Content available and accessible in the website except with the prior written consent of Avanda;
(b) remove, circumvent, disable, damage or otherwise interfere with security-related features of the website, including but not limited to any features that (i) are designed to verify your identity; (ii) prevent or restrict the access to or use of any particular functionalities or features of the website and the Content therein; and (iii) prevent or restricts the access to, use of, or the copying of any Content that is made available or accessible through the website;
(c) use the website and the Content therein for any purpose that is unlawful or prohibited by these Terms; and/or use, transfer, distribute, publish, display, communicate, transmit, broadcast, podcast, webcast, sell, trade, exploit for commercial purposes, or dispose of any Content available in the website in any manner that could compete with the business of Avanda and/or use or store the Content available in the website, in whole or in party, to construct a database of any kind for access and use by you or by any third party and/or use the website in any manner that could damage, disable, overburden, or impair the operation of the website, or interfere with any other person’s access to and use of the website;
(d) delete any trademark, copyright and/or other proprietary rights notices that is affixed to or displayed on the website and the Content therein; and
(e) use any device, software or routine, including, but not limited to, any viruses, Trojan horses, worms, time bombs or cancel bots intended to damage or interfere with the proper working of the website or to intercept or expropriate any Content, system, data or personal data from the website.
6.1 You acknowledge and agree that your access and use of the website, the Content and/or the reliance on the Content shall be at your sole risk. Avanda does not warrant the accuracy or completeness of any Content which is made available and accessible in the website or through any links to the third party websites that may be found in this website. You acknowledge that the website and its Content is provided on an “as is”, “as available” and “with all faults” basis. Avanda excludes all liability and responsibility arising from any use or reliance on such Content by you or any third party who may be informed of the same by you.
6.2 To the fullest extent permitted by law, Avanda disclaims any and all representations and warranties with respect to the website and the Contents available herein, whether express, implied, statutory or otherwise, including but not limited to merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement of third party rights.
6.3 Avanda does not warrant that the website and any Content available therein will meet your requirements or be uninterrupted, free from any malicious software (such as trojans, worms or viruses), error-free, accurate, complete or provided without delay or that any defects or errors in the same will be corrected. No oral or written information or statement given by Avanda shall create such a warranty.
6.4 Avanda does not provide any warranties, guarantees or representations as to any products or services offered or described by Avanda through the website or to the truthfulness, accuracy or completeness of any Content available in the website.
7. Exclusion and Limitation of Liabilities
7.1 To the fullest extent permitted by law, Avanda will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary loss or damage whether in any case arising from or related to (a) your access and use of, or inability to access or use, the website (b) your use or reliance on the Content that is available and accessible through the website; and (c) any other matter relating to the website and any Content available therein, regardless of the type of claim, whether in contract, tort (including negligence), warranty, misrepresentation, whether or not foreseeable, and regardless of the cause of such damages and/or losses even if Avanda has been advised of (or is otherwise aware of) the possibility of such damages and/or losses in advance, including, without limitation:
(a) any loss or damage due to any act or event beyond Avanda’s reasonable control, including without limitation strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat or terrorist attack, war (whether declared or not) or threat of war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of public or private transport, activities of hackers, malicious conduct, failure or interruption of any public or private telecommunications networks, power failures or interruption, or failures of any third party service providers (including providers of internet services and telecommunications);
(b) any loss or damage due (i) to any interruption or cessation of transmission of the website and the Content available therein and/or (ii) any reliance on any Content available in the website; and/or (iii) reliance on any Content made available or goods and services provided by any third parties through external websites from hyperlinks available on Avanda’s website;
(c) any loss or damage due to any bugs, viruses, Trojan horses or similar malware which may be transmitted to or through the website or any Content available therein, including hyperlinks to external websites, by any third party; and/or loss or corruption of data, information or software;
(d) any loss of business opportunity; and/or loss of profits, sales, business, or revenue;and/or loss of anticipated savings; and/or loss of goodwill; and/or pure economic loss; and/or any indirect or consequential loss.
7.2 Where the exclusion of liability is not permitted under any law, Avanda’s total liability to you for any direct, indirect, special, exemplary or consequential damages, or for any other damages shall not exceed any fees received by Avanda from the engagement [for the calendar year in which such claim arose].
8.1 You agree to indemnify and keep Avanda indemnified against any and all loss, cost, damage, expense or liability, including without limitation, reasonable legal fees and costs, incurred or suffered by Avanda as a result of any claim or cause of action asserted in connection with or arising from your breach of any of the terms contained herein.
9. Third Party Rights
9.1 Governing Law & Dispute Resolution: These Terms and any matters related to the same shall be governed by and construed in accordance with the laws of the Republic of Singapore without giving effect to any choice of law principles thereof which would result in the application of the laws of any other jurisdiction. In the event of any disputes arising out of or in relation to these Terms, including any question regarding its existence, validity or termination, Avanda and you agree that the dispute shall be submitted for full and final resolution by litigation under the exclusive jurisdiction of the Courts of Singapore.
9.2 No Waiver/ No Assignment: The failure of Avanda to enforce any of the terms set out herein shall not constitute a waiver of such a right and shall at no time and in no manner affect the right of Avanda to enforce such a term at a later time. Avanda may assign, delegate, sub-contract or transfer any or all of Avanda’s rights and/or obligations under these Terms to any third party. You may not transfer any or all of your rights or obligations under these Terms to any third party.