| AGREEMENT GOVERNING SUBSCRIPTION
AND USE OF BizLive SMS
Please read these terms and conditions carefully.
By subscribing to the use and short messaging service
of BizLive SMS provided to you by Credit Suisse
Singapore Branch and its supporting service vendors, you
acknowledge and irrevocably agree to be bound by the following
terms and conditions of use (“Terms”) in accordance
with this agreement, as may be amended or supplemented
thereafter (“Agreement”).
We may modify these Terms at any time at our sole and
absolute discretion, and such modifications shall be effective
immediately upon posting of the modified Terms. You agree
to review the Terms periodically to be aware of such modifications
and your continued access to and/or use of the BizLive
SMS shall be deemed your conclusive acceptance of
the modified Terms.
In this Agreement, "you" and "your"
means the customer (whether individual or corporate where
the context so requires). "We", "us"
and "ours" means Credit Suisse Singapore Branch,
including all its successors and assigns.
Use of BizLive SMS
We and/or our supporting service vendors may at any time
without notice to you determine and vary the frequency
and manner of use and services available through BizLive
SMS and/or to remove you as a subscriber of such service.
You shall at all times be wholly responsible for all acts/defaults
made resulting and/or in connection with the use or purported
use of BizLive SMS by any person, with or without
your authority, knowledge or consent, and you and such
other third parties shall not claim against us in respect
of any such use or purported use of BizLive SMS.
We and/or our supporting service vendors may at any time,
without notice to you and without assigning any reason
therefor, and without liability for any inconvenience,
loss, damage or injury suffered by you or any third party:-
(a) limit, suspend or terminate the services related
to BizLive SMS; and
(b) revoke or suspend your right and authority to
subscribe and use BizLive SMS.
At all times, all claims against or disputes with our
supporting service vendors are to be directly settled
between you and our supporting service vendors. You shall
not claim against us in any manner in this respect.
Consent to Disclosure/Provision of Information
You consent to us and/or our supporting service vendors
and any of our officials disclosing any information, data
and/or materials whether in Singapore or otherwise to
any third party which has a legitimate business purpose
for obtaining such information, including offering you
products or services in connection with or to facilitate
the use of BizLive SMS and where such disclosure
is necessary for the provision of BizLive SMS to
you.
You also acknowledge and agree at all times that:-
(a) there may be inadvertent disclosure of Information
by us and/or any of our officials in the course of providing
information, whether to our supporting service vendors
and/or third parties in Singapore or otherwise, relevant
to the provision of BizLive SMS to you and you
consent to such inadvertent disclosure; and
(b) equipment and software providers, service providers,
network providers (including but not limited to telecommunications
providers, Internet browser providers or Internet access
providers) and other third parties may have or be able
to gain access to any information, date and/or materials
transmitted over the relevant system, and you agree
not hold us liable in any way in this respect.
At all times, neither we nor our supporting service vendors
nor any of our officials shall be liable for any loss
or damage suffered by you or any other third party as
a result of any disclosure of any information, date and/or
materials which you have consented to us and/or any of
our officials disclosing.
You shall provide us with any information or documentation
that we may reasonably request relating to your use of
BizLive SMS and you shall cooperate with us in
any related investigation or litigation.
Copyright and Intellectual Property
All information/data and materials available on BizLive
SMS is under copyright to us .The copyrights of third
parties, including but not limited to our supporting service
vendors are also hereby reserved. The information/data
and materials are accessible for browsing purposes only.
Explicit reference to Credit Suisse Singapore Branch must
be made in the event that the material, or any part thereof,
is reproduced in any form, written or electronic. Furthermore,
any re-publication of such material requires our express
and prior written consent.
No Offer
No information/data and materials available on BizLive
SMS constitute an offer by any member of the Credit
Suisse Group to buy or sell any securities or financial
instruments or provide any investment advice or service
in any jurisdiction where such offer or sale would be
prohibited. The services, securities and financial instruments
which may be described may not be available or suitable
for you.
No Reliance
Although we have taken all reasonable care that the information/data
and materials available on BizLive SMS was accurate
at the time of transmission, no representation or warranty
(including liability towards third parties), expressed
or implied, is made as to its accuracy, reliability or
completeness by us and/or our supporting service vendors.
The information/data and materials available on BizLive
SMS are always subject to change without notice.
We are not utilising BizLive SMS to provide investment
or other advice to you or any other party, and no information
or material on BizLive SMS is to be relied upon
for the purpose of making or communicating investment
and/or any other decisions.
Please duly consult your Relationship Manager before taking
any investment decision.
Disclaimer of Warranties
You expressly understand and agree that you assume total
responsibility and risk for your use of BizLive SMS.
We do not make any express or implied warranties, representations
or endorsements whatsoever and we shall not be liable
for any cost or damage arising either directly or indirectly
from your use of BizLive SMS.
BizLive SMS is made available to you at all times
on an "as is, as available" basis.
We make no representations or warranties that:-
(a) BizLive SMS will meet your requirements
or will always be accessible;
(b) BizLive SMS will be uninterrupted, timely,
secure, error-free or free from computer virus or other
invasive or damaging code;
(c) the information, data and materials that may be
obtained from the use of BizLive SMS will be
accurate or reliable;
(d) the quality of any information, data and materials
obtained by you through BizLive SMS will meet
your expectations; and
(e) any errors in the information and data provided
by BizLive SMS will be corrected.
Any content whatsoever downloaded, retrieved, uploaded
or otherwise obtained through the use of BizLive SMS
is done entirely at your own discretion and risk.
It is your sole responsibility to evaluate the accuracy,
completeness and usefulness of all information, data and
materials provided through BizLive SMS.
Exclusion of Liability
We shall not at anytime be liable for any loss suffered
by you and/or any third party arising from and in connection
with the use of BizLive SMS except where such loss
is attributable to our negligence or wilful default.
Neither we nor our supporting service vendors shall be
liable for any inconvenience, loss, damage (special or
consequential) or injury suffered by you or any third
party arising from or caused by:-
(a) your being deprived or the inability to access
the use of BizLive SMS as a consequence of any
action by us and/or our supporting service vendors;
or
(b) BizLive SMS not being available due to system
maintenance or breakdown/non-availability of any network;
or
(c) any failure by us and/or our supporting service
vendors to perform any obligation if such failure arises
from a failure of, or any unauthorised and/or unlawful
access to, any machine, data processing system or transmission
link or any act of force majeure such as acts of God,
war or warlike hostilities, civil commotions, riots,
blockades, embargoes, sabotage, strikes, lock-outs,
fire, flood, shortage of material or labour, delay in
deliveries from sub-contractors, or any event outside
our control; or
(d) any equipment or software providers, any service
provider, any network providers (including but not limited
to telecommunications providers, Internet browser providers
and Internet access providers), or any agent or subcontractor
of any of the foregoing.
All retrieval of data from the use of BizLive SMS
is done solely at your risk and we shall not at anytime
be liable for the integrity or use of any data downloaded
in any way.
Neither we nor any of our supporting service vendors nor
our officers shall be responsible in any way for any direct,
indirect, special or consequential, economic or other
damages arising in any way from the provision and/or use
of BizLive SMS.
Indemnity
You shall at all times indemnify us against any liability,
loss, damage, including solicitor and client costs and
expenses (legal or otherwise) which we may sustain or
incur, directly or indirectly, by reason of our having
made available BizLive SMS to you and/or enforcement
of our rights under this Agreement or in acting upon any
instructions which you may give in relation to BizLive
SMS or any negligence, fraud and/or misconduct on
your part or on the part of any agents or representatives
of yours or your breach of this Agreement.
Records
Records maintained by us and/or our supporting service
vendors shall be conclusive against and binding on you
except in the case of computation and/or manifest error.
Severability
If any term of this Agreement is unlawful or unenforceable
under any applicable law, it will, to the extent permitted
by such law, be severed from this Agreement and rendered
ineffective where possible without modifying the other
terms of this Agreement.
No Waiver
No failure to exercise, nor any delay in exercising, on
our part any right or remedy under this Agreement will
operate as a waiver thereof, nor shall any single or partial
exercise of any right or remedy prevent any further or
other exercise thereof or the exercise of any other right
or remedy. Our rights and remedies in this Agreement are
cumulative and not exclusive of any other rights or remedies
provided by law.
Governing Law and Jurisdiction
This Agreement is governed by Singapore law. You irrevocably
submit to the non-exclusive jurisdiction of the Courts
of Singapore.
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