Posted: May 1, 2018 (v2.00)
This Seedly Terms of Service and Subscription Agreement constitutes an agreement between you (Subscriber, user, or customer) and us (Seedly Pte. Ltd.), and sets forth the terms and conditions that apply to your access and use of our Seedly Service, Website and Applications.
For the content which is created on the Seedly platform
The information provided on our platform (the “Information”) is
(a) intended for general circulation in Singapore and
(b) not intended for general circulation outside of Singapore.
The Information does not constitute an offer or solicitation to buy or sell any investment product(s). It does not take into account the specific investment objectives, financial situation or particular needs of any person. Investors should seek advice from a financial adviser before investing in any investment products or adopting any investment strategies. In the event that the investor chooses not to seek advice from a financial adviser, he/she should consider whether the product in question is suitable for him/her. The investment product(s) discussed herein or within the Information are subject to significant investment risks, including the possible loss of the principal amount invested. Any examples provided are for illustrative purposes only. Past performance of investment products is not necessarily a guide to future performance. Seedly and its affiliates may deal in investment products in the usual course of their business, and may at any given time be on the opposite side of trades by investors and market participants. Any statements or information expressed by other organisations are of the respective authors. Seedly and its affiliates make no warranty as to the accuracy, completeness, merchantability or fitness for any purpose, of the Information or as to the results obtained by any person from the use of any Information or investment product(s) mentioned within the Information.
Seedly undertakes no responsibility to update the Information. Seedly reserves the right to make changes to the Information from time to time. In no event shall the Information, its contents, or any change, omission or error in the Information form the basis for any claim, demand or cause of action against Seedly and/or any of its affiliates and Seedly and/or its affiliates expressly disclaim liability for the same. In the event that the Information or any part thereof is recirculated, transmitted or otherwise distributed in any format to any other person by a recipient, such recipient will have the full responsibility to ensure that such recirculation, transmission or distribution complies with all applicable laws, rules, regulations and directives in all the relevant jurisdictions. Seedly and its affiliates hereby disclaim all responsibility and liability arising in connection with such recirculation, transmission or distribution.
"Agreement" means this Seedly Terms of Service and Subscription Agreement.
"Application", singular or plural, refers to any of our html-based computer programs, smartphone, tablet or personal computer applications and all other software programs made available to Seedly users by us.
"Seedly" is the brand name of the Service offered by Seedly Pte Ltd.
"Confidential Information" means all information exchanged between the Parties in connection to the Service, whether in writing, electronically or verbally, but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other Party. Confidential Information will also include information submitted to the receiving Party by a third party under instruction from, and under confidential obligation with, the disclosing Party.
"Seedly" means Seedly Pte. Ltd., a company incorporated in Singapore, and its group companies.
"Metadata" means statistical collective data amongst Seedly users produced by Seedly as part of the Service.
"Party" refers individually to each of you and Seedly.
"Parties" refer to both you and Seedly collectively.
"Personal Identification Information" means your name, address, identification number, phone number, and/or other information by which you may be personally identified.
"Privacy Statement" refers to the document set out at https://seedly.sg/terms
"Service" means the account aggregation, portfolio visualization, analytics and reporting services made available by Seedly, under the brand name Seedly.
"Subscriber", "user" or "customer", capitalized or otherwise, means the person who accesses, uses or subscribes to the Service, and, if authorized and applicable, the entity on whose behalf any person accesses, uses or subscribes to the Service.
"Website", singular or plural, means https://seedly.sg, https://blog.seedly.sg and/or any other website and social media pages operated by Seedly in relation to the Service.
"You" means the subscriber, user or customer. "Your", capitalized or otherwise, has a corresponding meaning.
Your use of our Websites and/or Service is subject to this Agreement and our Privacy Statement which addresses how we handle and protect your data and information.
Please read this Agreement and our Privacy Statement carefully. By accessing, using and/or subscribing to our Service, Websites and/or Applications, you understand and agree to be bound by the terms and conditions of this Agreement and our Privacy Statement. If you do not agree to this Agreement or the terms of our Privacy Statement, you are not authorised to use our Service, Websites and/or Applications. By accepting this Agreement, you represent that you have the capacity to enter, or if you are acting on behalf of a company or entity, that you have the authority to bind such entity, into a legally binding contract, and you agree that this Agreement legally binds you as if such agreement was executed in writing and by your own hand.
Seedly is subject to and complies with the Singapore Personal Data Protection Act 2012 (“PDPA”).
The PDPA establishes a general data protection law in Singapore which governs the collection, use and disclosure of individuals’ personal data by organisations. We undertake to protect your personal data in accordance with the PDPA.
Seedly is a financial account aggregation and portfolio visualization, analytics and reporting service. We provide such services via our various platforms.. We aggregate the financial information that you provide us, or otherwise authorize us to have access to, process the information into an aggregated portfolio and report it on a user-only restricted access area on our Website, Applications and/or our other platforms.
There is currently no prescribed registration and subscription free for the usage of the Seedly website and/or applications. Seedly reserves the right to impose such fee at a later date, but will seek your agreement before doing so.
We may revise the terms of this Agreement from time to time and the most current version will always be posted on the Website or made available through our various platforms. If the revision, is material, we will notify you by e-mail, through any one of the platforms or via other means of communication. That said, you are responsible for checking the terms of this Agreement regularly. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the revised terms, you may cancel your subscription by sending us a request via the message function in the Seedly Website user area, or by email to [email protected]
(i) ensure that your username and password required to access the Service is kept secure and confidential at all times and agree to make every reasonable effort to prevent unauthorised third parties from accessing the Service using your username and password. In the event of any unauthorized use of your username and password or any other security breach, you must notify Seedly immediately and take all other actions necessary or as required by Seedly to maintain the security of the Service;
(ii) not attempt to undermine the security or integrity of Seedly’ computing systems or networks where the Service is hosted, or take or permit any action which may impair the functionality of the Service or the Website;
(iii) not attempt to copy, reproduce, reverse engineer or decompile any computer program, design, functionality and any other component of the Service and/or Applications, or engage in any Automated Data Collection for any purpose whatsoever without our prior express written permission;
(iv) not attempt to gain unauthorized access to any materials other than those contained in your ‘user only’ area or to which you are otherwise expressly permitted to access; and
(v) not transmit or upload into the Service and/or Website any files containing malicious computer codes or any software that may damage our computing systems or networks or any other person’s computing device or any content that may be offensive or any material or data in violation of any law; and
(vi) warrant at all times that any information or data provided by you to Seedly in connection with this Agreement is your own, is true and correct, does not infringe any rights, including intellectual property rights or confidentiality rights, of any person and that you are fully entitled to furnish such information or data to Seedly for purposes of this Agreement and, for so long as your Account remains in force.
(v) any reviews uploaded by you onto our website or any of our platforms shall be intended solely for the purpose of responsibly informing other users and members of our platform of your opinion of the financial services and/or products that are the subject of the review. Upon upload, any of your reviews shall be deemed to be the intellectual property of Seedly Pte Ltd and by uploading such reviews you warrant that you own the copyright of any content uploaded and thus have the requisite right to transfer and/or assign the same to us. We may use such reviews in whole or in part at our sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or our platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by us and our business partners. We reserve the right to adjust, amend, refuse or remove reviews at our sole discretion. Seedly will not accept reviews which: Include profanity, hate speech, threats of violence or personal attacks - Are sexually explicit or discriminatory - Promote illegal activities (e.g. drugs, prostitution) - Contain full names or other personal information such as email addresses, residential addresses or phone numbers - Contain politically sensitive comments.
You may only use the Service in accordance with and within the limitations of your Subscription as set out in this clause. You must only use the Service strictly for your or, if you are using our Service for and on behalf of an organization, your organization’s own lawful purposes. You may not purport to licence, sell, lease, outsource or otherwise share or permit the use of the Service to or with any third party, whether or not such actions are undertaken for financial gain. Usage beyond this limitation will result in a suspension or cancellation of your Subscription and you may also be liable for payment of any costs, losses and/or damages that may be suffered by us as a result.
You understand and agree that the reports, analyses and other content provided to you by the Service is solely for your own general information purposes and does not constitute financial advice and may not be used by you to make financial or investment decisions, which should be based on your own independent research and analysis. Seedly makes no investment recommendations and offers to subscribe to or for any investment products.
For the avoidance of doubt, information, reviews, comments and/or any statements made on any of our platforms are not intended to constitute any form of advice, recommendation, representation, endorsement or arrangement by us and is not intended to be relied on by you in making (or choosing not to make) any specific investment or any other financial decision. Given that the impact and applicability of any views, opinions, comments or other statements made on our platforms vary widely based on your particular circumstances and the particular circumstances of those of other members of the community, you should always carry out your own research into any products or opportunities that are of interest to you.
(i) The financial account statements and other financial data that you provide to us or otherwise authorize us to have access to (collectively, your "Personal Financial Data"), is your property.
(iii) You acknowledge that, for your privacy, security and other operational reasons, your data in the original form received by us may be deleted without being backed-up by us after such data has been processed for purposes of the Service.
(iv) If you decide to stop the Service and cancel your Subscription and account, we will delete your Personal Financial Data,, from the Service, within a reasonable time. Kindly note that (a) there may be some latency in removing this information from our servers and back-up storage; and (b) we may retain your data and information, and in certain cases, may disclose the same to third parties if necessary to comply with applicable laws and legal obligations, resolving disputes, enforcing this Agreements and protect our intellectual property rights.
(i) The technology and contents of the Service, including, but not limited to, the "look and feel" (such as text, graphics, images, illustrations, logos, button icons) of our Websites, Applications and all other material, Meta Data, photographs, videos, tutorials, editorial content, notices, software and other content, are the property of Seedly (and/or its licensors), which is protected by copyright law of Singapore and international treaties, trademark, patent laws and/or all other intellectual property laws, as may be applicable.
(ii) As part of the Service, Seedly grants you a non-exclusive, limited, royalty-free, revocable license, during the term of this Agreement, to use our Websites and Applications to facilitate your personal, non-commercial use of the Service.
(iii) You acknowledge and agree that Seedly, the Seedly logo, Seedly and the Seedly logo are our trademarks and/or service marks and may not be used by you without our prior written consent.
(iv) Any distribution, reprint or electronic reproduction of any content from the Service, in whole or in part, is strictly prohibited without our prior written consent.
(v) Any reviews, comments or statements uploaded by you onto our website or any of our platforms shall be intended solely for the purpose of responsibly informing other users and members of our platform of your opinion of the [financial services and/or products that are the subject of the review]. Upon upload, any of your reviews shall be deemed to be the intellectual property of Seedly and by uploading such reviews you warrant that you own the copyright of any content uploaded and thus have the requisite right to transfer and/or assign the same to us. We may use such reviews in whole or in part at our sole discretion (e.g. for marketing, promotion or improvement of our service) on our website or our platform or such social media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by us and our business partners. We reserve the right to adjust, amend, refuse or remove reviews at our sole discretion. Seedly will not accept reviews which:
You indemnify us against all costs, losses and damages arising from your breach of any of the Agreement and any other obligation you may have to Us.
Our Service is provided to you on an "as is" basis and, to the fullest extent permissible by law, we make no express or implied warranty as to the accuracy, timeliness, availability or uninterrupted use of the Service. You hereby acknowledge that your use of the services is at your sole risk. Whilst we will use reasonable commercial efforts to ensure that all information from your Personal Financial Data is accurately captured, extracted and/or entered into our system, we do not guarantee the accuracy, integrity or quality of this process or any reports and/or analysis generated by Seedly. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing us of any errors noted. Subject to that, we will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt your notification.
(a) To the maximum extent permitted by law, we will not be liable to you for any loss (including loss of information, data, revenues, profits or savings) or damage resulting, directly or indirectly, from any use of, or reliance on the Service. You assume sole responsibility for results obtained from the use of the Service and the conclusions drawn from such use.
(b) Without limiting clause 11(a), if you suffer loss or damage as a result of our negligence or failure to comply with our obligations under this Agreement, any claim by you against us relating to this Agreement, whether in contract, tort or otherwise, will in any event not exceed in the aggregate of fifty Singapore dollars (S$50).
The Services may enable you to link to the websites and to access the content, products and/or services of third parties, including users, advertisers, affiliates and sponsors of such third parties. We have no control over and are not responsible for any such third party websites or content, products or services and you agree to bear all risks associated with your access to and/or use of any such third party websites, content, products and services.
This Agreement, together with our Privacy Statement, your Subscription and any other notices or instructions given to you under this Agreement, supersedes and replaces all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and us relating to the Service and the use of our Websites and Applications.
No waiver of any claim, right or entitlement will be effective unless made in writing. If either Party waives any breach of this Agreement, this will not constitute a waiver of any other or continuing breach.
Neither Party will be liable for any delay or failure in performance of its obligations under this Agreement if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money. If the event leading to such delay continues for more than 1 month, either Party will be entitled to terminate this Agreement, upon written notice to the other, whereupon this Agreement shall forthwith terminate with no further claims on the part of either Party but without prejudice to any previously accrued claims.
You may not assign or transfer any rights under this Agreement to any other person without our prior written consent. Subject to that, this agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.
This Agreement shall be governed and construed in accordance with the laws of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and resolved by arbitration in Singapore in accordance with the Arbitration Rules of Singapore International Arbitration Centre ("SIAC") for the time being in force which rules are deemed to be incorporated by reference to this clause. The tribunal shall consist of one (1) arbitrator to be appointed by the President of the SIAC Court of Arbitration. The language of the arbitration shall be in English. The physical venue of the arbitration shall be Singapore. The decision of the arbitrator shall be final and binding on the Parties and may be used (without limitation) as a basis for judgment in any country which has ratified the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
If any part or provision of this Agreement is invalid, unenforceable or in conflict with the law, that part or provision shall be deemed replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision or if such replacement is not practicable shall be deemed deleted, in either case without affect the legality and binding nature of the remainder of this Agreement.
Any notice given under this Agreement by either Party to the other must be in writing, by email, or by electronic communication via the Website and will be deemed to have been given on transmission, unless the recipient can satisfactorily establish that the email or electronic communication was not received by the recipient’s email or web server. Notices to us must be sent by email to [email protected] or to any other email address notified by email to you by us, or by electronic communication via the Website from time to time for such purpose. Notices to you will be sent to the email address which you provided when registering for setting up your access to the Service (or to such updated email address as may be notified to us from time to time) or by electronic communication via the Website.
A person who is not a party to this Agreement has no right to benefit under or entitlement to enforce any term of this Agreement.
You acknowledge and agree that we are merely a service provider in connection with the Service and that nothing in this Agreement shall cause or constitute the Parties to be partners, agents or fiduciaries of, or joint ventures with, each other.