These Terms of Use (“Terms”) govern access to and use of the Smartkarma website at www.smartkarma.com (“Site”) and any related mobile application (“Mobile App”) by all third parties granted access (“Users”), including Clients and Insight Providers. All rights and restrictions conferred under these Terms which relate to access or use of the Site or Content apply equally to any access or use of the Site or Content through any Mobile App. Please read these Terms carefully, and contact us if you have any questions. By proceeding to access and use the Site and/or Mobile App, you are agreeing to be bound by these Terms.
Using Smartkarma
Who can use the Site
You may access and use the Site and/or Mobile App if you are a Client, Insight Provider or other approved User, and have entered into a relevant binding agreement to this effect with Smartkarma (“User Agreement”). Users will be set up with a User Account (see further below). Your use of the Site and/or Mobile App will be governed by these Terms, the terms of the relevant User Agreement, and any applicable laws and regulations.
Smartkarma’s licence to Users
Subject to these Terms and any provisions contained in the applicable User Agreement, Smartkarma grants Users a limited, non-exclusive, non-transferable and revocable licence to access and use the Site (including through any Mobile App) for the designated purposes.
User Content
Posting Content
Smartkarma allows you to upload and post Content to the Site. Content is anything that you post or otherwise make available on the Site (directly and/or through any Mobile App). Users retain all rights in their Content and remain solely responsible for any Content they post.
How Smartkarma and Users may use Content
By submitting Content, you grant Smartkarma and other Users a non-exclusive, revocable, royalty free, worldwide licence to read and use the Content you post in accordance with the rights and obligations contained in the applicable User Agreements. Nothing in these Terms restricts any other legal rights Smartkarma may have in relation to the Content, for example those rights granted by the User Agreements.
Content Restrictions
The User Agreements contain important restrictions on your use of Content on the Site, including that you may not copy, re-distribute, modify, post, frame or deep link the Site for external use and/or commercial purposes. Users must not sell, license, rent or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Content and Use Standards
The User Agreements contain important provisions regarding the Content which Users post on the Site, including, amongst others, requirements that Content:
- must not be inaccurate (where it contains facts) and must be genuinely held (where it contains opinions);
- must comply with applicable law and regulations in Singapore and in any country from which they are posted;
- must not contain non-public information;
- must not be threatening or defamatory of any person;
- must not contain any material which is obscene, offensive, hateful, discriminatory, inflammatory or contain any prohibited material as described in the Singapore Media Development Authority’s Internet Code of Conduct, as published from time to time; and
- must not contain information that is confidential or proprietary to another party without prior consent.
In addition, you agree that you will not otherwise use the Site (directly and/or through any Mobile App) in any way that:
- constitutes unauthorised or unsolicited advertising, junk or bulk email (“spamming”); or
- is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, obscene, vulgar, pornographic, offensive, profane or is otherwise inappropriate as determined by us in our sole discretion.
Availability of Content
Smartkarma does not guarantee that any Content posted will be made available on the Site, either directly or through any Mobile App. We reserve the right to, but do not have any obligation to, remove or modify or restrict access to Content for any reason, including Content that is in breach of these Terms, the User Agreements or applicable law.
Registration and Security of User Accounts
You will be required to open a User Account to access the Site, either directly or through the Mobile App. You must not disclose your password or permit or authorise any other person to use your login name or password for any purpose whatsoever.
Any access to or use of the Site by the use of your login name and password may be treated as access or use by you, notwithstanding it may have been by a third party without your knowledge or authority.
If you become aware that a third party has acquired knowledge of or has used your password to access or use the Site (whether with or without your knowledge and consent), you must immediately notify Smartkarma and provide relevant details, and change your password.
Site Security
Smartkarma uses best commercial efforts to protect the security of the Site, Mobile App, Content and User Accounts. However, Smartkarma cannot guarantee that unauthorized third parties will not defeat security measures. You must adhere to the User Account security measures outlined above and notify Smartkarma immediately of any compromise or unauthorised use of your account.
Third-Party Links and Services
Content on the Site may contain links to third-party websites, that are not owned, affiliated with or controlled by Smartkarma. If you access any third party website, service, or content from the Site, you do so at your own risk and you agree that Smartkarma will have no liability arising from use of or access to any third-party website, service, or content.
Data Protection and Privacy
See the Smartkarma Privacy Policy for information relating to the collection and use of your personal information.
Termination and Suspension
Smartkarma may terminate or suspend your use of the Site and/or Mobile App, with or without cause, in accordance with the applicable User Agreement.
Disclaimers – General
General information only
The Site and Content on the Site are provided for informational purposes only. Reliance should not be placed on the views and information expressed on the Site when making individual investment or other strategic decisions. Views expressed in third party Content are those of the authors and do not necessarily represent Smartkarma’s views.
Provided “as is”
The Site, Mobile App and Content are provided on an “as is” and “as available” basis without warranty of any kind, whether express or implied.
Smartkarma specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
Smartkarma further does not warrant that the Site and/or Mobile App or the functions contained in the Site and/or Mobile App will be secure, available, uninterrupted or error-free, that defects will be corrected or that the Site will be free of viruses or other harmful components or that the results of using the Site and/or Mobile App will meet your requirements.
No responsibility for Content
Smartkarma takes no responsibility and assumes no liability for any Content that you or any other User posts or transmits using the Site and/or Mobile App. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, or otherwise unsuited to your purpose.
Disclaimers – Regulatory
Smartkarma is not a regulated financial adviser or broker/dealer
Under Singapore financial law and regulation, Smartkarma is an exempt information service provider. For the avoidance of doubt, Smartkarma is not a broker, dealer, investment or financial adviser under Singapore law or securities laws of other jurisdictions. Smartkarma does not advise individuals or entities as to the advisability of investing in, purchasing, or selling securities or other financial products or services.
Content is not professional advice or solicitation to buy/trade securities
This Site and/or Mobile App and the Content published on it is not intended to provide financial, investment, legal, accounting or tax advice, or any other professional advice, and nothing on this Site and/or Mobile App, including any Content, should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security. Users should at all times consult a qualified expert or professional adviser to obtain advice and independent verification of the information and data contained in any Content before acting on it.
Indemnification
In addition to any specific terms imposed under your User Agreements, Users agree to indemnify Smartkarma, its affiliates, officers and employees, against any loss, damage, claims or expenses (including reasonable legal fees) that arise from or relate to:
- your Content;
- your use or misuse of, or access to, the Site and/or Mobile App;
- your breach of these Terms or your User Agreement; and/or
- infringement by you (or by a third party using your Account or identity) of any intellectual property or other rights of any person or entity.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMARTKARMA (ITS SUBSIDIARIES, AFFILIATES, OFFICERS AND EMPLOYEES) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) DAMAGES ARISING OUT OF USE OR INABILITY TO USE THE SITE, MOBILE APP OR CONTENT ON THE SITE.
General Terms
Modification and Inconsistency
We may revise these Terms from time to time and the most current version will always be posted on the Site and/or via a link on the Mobile App. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Site and/or Mobile App after the revisions become effective, you are agreeing to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and/or Mobile App. Where rights and obligations are dealt with under both these Terms and the User Agreement, then we agree that those rights and obligations may only be changed in accordance with the variation rights under the User Agreement, and further that the terms in the User Agreement are to prevail in the event of any inconsistency.
Governing Law
These Terms are governed by Singapore Law. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the courts of Singapore.
Updated: 10 May 2018