Privacy Policy

This Privacy Policy governs our mobile application and any associated software, including all modifications, enhancements or updates thereto (the “Application”) as operated by Qtee2 Pte Ltd. (“ChatQ”, “We”, “Our” or “Us”). Terms used herein shall unless otherwise defined bear the same meanings as in our End User License Agreement.

Your privacy is very important to us and we are committed to maintaining your trust. Accordingly, we have developed this Privacy Policy in order for you to understand how we collect, use, communicate, disclose and make use of your personal data. For the avoidance of doubt, we will not share your personally identifiable information except as provided herein.

By installing, accessing or using our Services, you shall be deemed to have accepted to be legally bound by the terms of this Privacy Policy. Your continued use of our Services after any changes to this Privacy Policy, whether or not reviewed by you, shall constitute your consent and acceptance of the revised terms. If you do not agree to the terms of this Privacy Policy, please do not access or use our Services.

1.Collection, Use and Disclosure of Personal Data

We may collect the following personal data from you:

(a) Device and Connection Information. We collect device-specific information when you download, install, access or use our Services. This includes information such as the hardware model, operating system information, browser information, IP address, mobile network information including phone number and device identifiers;

(b) Usage and Log Information. We collect service-related, diagnostic, and performance information when you use our Services. This includes information about your activity (such as how you use our Services, how you interact with other ChatQ users using our Services, etc), log files, and diagnostic, crash and performance logs and reports;

(c) Your Account Information. We collect your phone number when you register with us. You provide us with the phone numbers in your mobile address book on a regular basis, including those of both ChatQ Users and your other contacts. You confirm that you are authorised to provide us with such numbers;

(d) Voluntarily Provided Information. We collect voluntarily provided information to us, such as when you register with us, or post or share any content on the Application. This information may include your name, email address, mobile number or trading data;

(e) Your Messages. When you message other ChatQ users on the Application, we do not retain your messages in the ordinary course of providing our Services to you. Once your messages (including your chats, photos, videos, voice messages and files) are delivered, they are deleted from our servers. Your messages are stored on your own device. If a message cannot be delivered immediately (for example, if you are offline), we may keep it on our servers for up to thirty (30) days as we try to deliver it. If a message is still undelivered after thirty (30) days, we will delete it. To improve performance and deliver messages more efficiently, such as real-time market data, we may retain that content on our servers for a longer period of time. We also offer end-to-end encryption for your messages, which is on by default. End-to-end encryption means that your messages are encrypted to protect against us and third parties from reading them;

(f) Your Connections. When you want to connect with other ChatQ users, you can create, join or be added to groups and broadcast lists. Such groups and lists are associated with your account information;

(g) Customer Support and Feedback. We collect copies of your messages and how to contact you to provide customer support when you contact us with queries or provide feedback to us on your use of our Services;

(h) Transactional Information. If you pay for our Services, we may receive information and confirmations, such as payment receipts, including from app stores or other third parties processing your payment;

(i) Cookies. We may use cookies to operate and provide our Services, including to provide third-party services that are web-based, improve your experiences, understand how our Services are being used, and customise our Services. We may also use cookies to show you relevant content related to our Services. Additionally, we may use cookies to remember your choices, such as your language preferences, and otherwise to customise our Services for you;

(j) Information Other Provide About You. We may receive information that other people provide to us, which may include information about you. For example, when other users you know use our Services, they may provide your phone number from their mobile address book (just as you may provide theirs), or they may send you a message, send messages to a group chat to which you belong;

(k) Third-Party Providers. We work with third-party providers to help us operate, provide, improve, understand, customise, support and market our Services. These providers may provide us information about you in certain circumstances; and

(l) Third-Party Services. We allow you to use our Services in connection with third-party services. Please note that when you use third-party services, their own terms and privacy policies will govern your use of those services. We may also collect information about you and your trades from Trade Execution Providers whom you have identified and permitted.

We may collect, use and/or disclose your personal data for the following purposes:

(a) setting up your registered user account and profile on the Application;

(b) to provide and improve our Services, including informing you of any change or updates in our Services;

(c) to organise the data to allow you to view, manage and share your trading information, or to help you visualise your data;

(d) for targeted online marketing;

(e) for accounting, billing and verification purposes;

(f) to contact you regarding any complaints, feedback, queries, requests, claims or disputes;

(g) to facilitate investigations into or to take action regarding any suspicious or illegal activity on the Application;

(h) for internal administrative and management purposes;

(i) where required by any act, statute, law, or regulation, rules, directives, or by the order of a government authority or a court or tribunal of competent jurisdiction;

(j) such other purposes as consented to by you;

(k) any other purpose reasonably related to the aforesaid.

We may disclose your personal data to our partners, service providers, contractors, select vendors and affiliates whom we have engaged to provide our Services (including Trade Execution Providers), to maintain this Application or to protect the security or integrity of this Application and our databases.

We may also share your personal data with other third parties in our partner network. If we do so, this will be strictly on an anonymised or aggregated basis, whereby all identifying information has been removed, such that the remaining data does not identify any particular persons.

2.Confidentiality

Save where expressly provided herein, we will not to reveal to any person or company any which may come to our knowledge hereunder and shall keep with complete secrecy the personal data provided by you and shall not use or attempt to use any such personal data in any manner without your permission. These restrictions shall cease to apply to information or knowledge which may come into the public domain other than as a result of any act or breach of this Privacy Policy by us.

3.Changing or Deleting Your Information

3.1. You may review and change your personal data in your account settings. We will not be responsible for any modification of your personal data specified in your account.

3.2. We will only retain your personal data as long as necessary for the fulfilment of the purposes stated in this Privacy Policy and any applicable terms and conditions.

3.3. You have a limited right to request a copy of the information that we hold about you. If you would like a copy of some or all of your personal data, please send an email to support@chatq.sg. There may be a small charge for this service.

3.4. We want to ensure that your personal data is accurate and up to date. If any of the information that you have provided to ChatQ changes, for example, if you change your email address or payment details, please let us know the correct details by sending an email to support@chatq.sg. You may ask us, or we may ask you, to correct the information that you or we think is inaccurate, and you may also ask us to remove information that is inaccurate.

4.Protecting Your Personal Data

4.1. Your account information is protected by a password chosen by you. It is important that you protect against unauthorised access of your account and information by choosing your password carefully and keeping your password and computer or mobile device secure by signing out after using our Services.

4.2. You should also take appropriate measures to keep your information, software and equipment secure. This includes clearing your browser cookies and cache before and after using any services on the Application.

4.3. Where appropriate, we will take reasonable security safeguards to protect your personal data against loss or theft, as well as unauthorised access, disclosure, copying, use or modification. Please be aware that the sending of information via the internet is not completely secure and on occasion such information can be intercepted. We cannot guarantee the security of data that you choose to send us electronically, and you send such information at your own risk. We do not accept liability for the security, authenticity, integrity or confidentiality of any transaction and other communications made through the Application.

4.4. Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the Application is free of viruses or other unauthorised software.

5.Cookies

5.1.When you access third-party services or webpages through the Application, such third parties may use cookies in connection with their operations or your use of their services. Cookies may transmit information about you, such as your IP address, data relating to advertisements that have been displayed to you and the date and time of your use. Cookies may be persistent or stored only during an individual session. Please refer to the privacy policies of such third parties to learn how they use cookies.

5.2. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies that they use.

6.Special Information for EU Users

The processing of personal data of users in the European Union is subject to the EU General Data Protection Regulation (“GDPR”). This section summarises our grounds for processing personal information under the GDPR and the rights of EU users as relates to our handling of personal information.

6.1If you are a user in the EU, you have the following rights with respect to our handling of your personal information. To exercise these rights, please see below. Users outside the EU may also request for access, correction, deletion or copies of their personal data.

(a)You have the right to request for access to the information that we have about you and how we use that information.

(b)You also have the right to receive a copy of the information that we collect about you if collected on the basis of consent or because we require the information to provide the services that you request.

(c)If we have information about you that you believe is inaccurate, you have the right to request for your information to be corrected.

(d)You may also request that we:

(i)Provide a detailed explanation regarding the information we have collected about you and how we use that information;

(ii)Provide a copy of the information that we have collected about you; and

(iii)Correct any inaccurate information that we have about you. Please contact our Data Protection Team at datateam@chatq.sg.

(e)Account deletion.

(i)We retain user profile and other information for as long as you maintain your account. We retain transaction, location, usage and other information for 07 years in connection with regulatory, tax, insurance or other requirements in the places which we operate. We take steps to prevent access to or use of such information for any purpose other than compliance with these requirements or for purposes of safety, security and fraud prevention and detection.

(ii)You may request deletion of your account at any time. We may retain certain information about you as required by law and for legitimate business purposes permitted by law. In certain circumstances, we may be unable to delete your account, such as if there is an outstanding credit on your account or an unresolved claim or dispute. Upon resolution of the issue preventing deletion, we will delete your account as described above.

(iii)We may also retain certain information if necessary, for legitimate business interests, such as fraud prevention and enhancing users' safety and security. For example, if we shut down a user's account because of unsafe behaviour or security incidents, we may retain certain information about that account to prevent that user from opening a new account in the future.

(f)You have the right to object to our processing of personal data, including for marketing purposes based on profiling and/or automated decision making. We may continue to process your information notwithstanding the objection to the extent permitted under the GDPR.

(g)Users in the EU also have the right to file a complaint relating to our handling of your personal information. You may submit your questions, comments or complaints to our Data Protection Officer. Please contact support@chatq.sg.

6.2The GDPR requires that companies processing the personal data of EU users do so on the basis of specific legal grounds. As described below, we process the information of EU users based on one or more of the grounds specified under the GDPR:

(a)If the processing is necessary to provide the services and features you request, we must collect and use certain information to provide our services. This includes (a) user profile information that is necessary to establish and maintain your account, including to verify your identity, enable communications with you about your trips, orders and accounts and to enable you to make payments, (b) transaction information, which is necessary to generate and maintain in connection with your use of our Services and (c) usage information, which is necessary to maintain, optimise and enhance our Services.

(b)We may process your personal information, including disclosing data with law enforcement authorities in case of threats to the safety of users or of others.

(c)We collect and use personal information to the extent necessary for our legitimate interests which include collecting and using information:

(i)To maintain and enhance our user’s safety and security. For example, we may collect background check information (where permitted by law) to prevent unsafe users from providing services through our apps. We also use personal information to prevent use of our services by users who have engaged in inappropriate or dangerous behaviour, such as by retaining information of banned users to prevent their use of our Application.

(ii)To prevent, detect and combat fraud in connection with the use of our Services. For example, we use user profile, location, device and usage information, to identify and prevent circumstances when users attempt to defraud us or other users.

(iii)To inform law enforcement officials regarding criminal acts or threats to public safety.

(iv)To provide customer support.

(v)To optimise our Services and develop new services.

(vi)For research and analytical purposes. This includes analysing usage trends to improve the user experience and enhance the safety and security of our Services.

(vii)For direct marketing purposes. This includes analysing data to identify trends and tailor marketing messages to user needs.

(viii)To enforce our End User License Agreement.

(d)We collect and use personal information to the extent necessary for the interests of other persons or the general public. This includes sharing information in connection with legal or insurance claims, to protect the rights and safety of others. We may also process personal information when necessary in regards to a substantial public interest, on the basis of applicable laws.

(e)We are subject to the legal requirements in the jurisdictions in which we operate that require us to collect, process, disclose and retain your personal data. We use your information to comply with such laws to the extent they apply to your use of the Application.

(f)We may share your information with law enforcement, or requests by third parties pursuant to legal processes.

(g)We may collect and use information on the basis of your consent. You may revoke your consent at any time. If you revoke your consent, you will not be able to use any service or feature that requires collection or use of the information we collected or used on the basis of consent.

(h)We rely on consent in connection with data collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you.

7.Third-Party Websites

Our Application may contain links to websites operated by third parties, such as our business partners. We are not responsible for the privacy practices of websites operated by third parties that are linked to our website. We encourage you to learn about the privacy policies of such third-party websites. You should check the applicable terms, conditions and policies of the third-party website to determine how they will handle any Personal Data they collect from you.

8.Security Measures

The security and confidentiality of your Personal Data is extremely important to us. We have implemented technical, administrative and physical security measures to protect user information from unauthorised access and improper use. From time to time, we review our security procedures in order to consider appropriate new technology and methods. Please be aware though that, despite our best efforts, no security measures are perfect and impenetrable, and no data transmissions over the web can be guaranteed to be fully secure. We cannot ensure or warrant the security of any information you transmit to us and do so at your own risk.

9.Changes to Privacy Policy

The terms of this Privacy Policy may be revised, changed and updated from time to time without notice to you. All changes will be posted within the Application, and your continued access or use of the Application after such changes have been posted will constitute your agreement to the modified Privacy Policy and all of the changes. We therefore encourage you to read this Privacy Policy each time you access this Application.

10.Contacts

If you wish to revoke your consent to the collection, use and disclosure of your personal data, or if you have any comments, concerns or questions about this Privacy Policy, our policies and practices, please contact support@chatq.sg

11.General

By accessing or using the Application, you are deemed to have also accepted our End User License Agreement.

The last update to our Privacy Policy was posted on April 10, 2019.

Cookies Policy

Information about our use of Cookies

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site. By continuing to browse the site, you are agreeing to our use of cookies. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer or mobile phone if you agree. Cookies contain information that is transferred to your computer's hard drive. We use session cookies which are cookies which expire once you close your web browser.

We use the following Cookies

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website and enter into transactions.

Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. We use Google Analytics cookies. Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit this site. For more information on Google Analytics, please click here.

Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

End User Licence Agreement

1. Definitions and Interpretation

1.1In this End User Licence Agreement, unless the context otherwise requires, the words or expressions used shall have the following meanings:

"Applicable Laws"

means all applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, guidance and/or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body, law enforcement body, court, whether in Singapore or elsewhere, as may be amended from time to time;

"Application"

means the mobile application supplied to you and any associated software operated by Qtee2, and shall include all modifications, enhancements or updates thereto;

"Content"

means the materials located on the Application, including the text, information, graphics, audio or video files, stickers, as well as any software programs available on or through the Application, including but not limited to any content from Trade Execution Providers;

"Personal Data"

means information about you, from which you are identifiable, directly or indirectly, including but not limited to your name, identification card number, nationality, address, telephone number, credit card details, race, gender, date of birth, email address and/or any information about you that has been or may be collected, stored, used and processed by us from time to time;

"Privacy Policy"

means the policy on the privacy and protection of Personal Data adopted by us, as may be supplemented, amended or varied from time to time;

"Qtee2", "We", "Our" or "Us"

refers to Qtee2 Pte. Ltd., and its successors and assignees;

"Related Companies"

refers to Qtee2’s parent company, subsidiary(ies) and companies under the same parent company.

"Services"

means the provision of the Application and any functionality and features provided by us in relation to the Application including but not limited to third-party Content;

"Terms"

means the terms and conditions herein, including any of its addendums, together with the Privacy Policy and other terms of use as published on our website and/or Application, as may be updated from time to time;

"Trade Execution Providers"

means the third party websites, applications, software, brokers, dealers, agents or other entities that assist with and/or execute trades;

"Update"

means the addition, modification, maintenance, removal, patch or fix of bugs, error connections, features, security, software, hardware, operation and/or functionality of the Application and/or Services;

"User", "Users", "You" or "Your"

means the users who are registered on the Application for the use of our services;

"User Content"

means the content a User posts, uploads, publishes or otherwise makes available, privately or publicly, on or through the Application. For the avoidance of doubt, this may include information about the User from a Trade Execution Provider which the User consents to be transmitted to or shared with Qtee2, as well as information which the User provides through their usage of the Application.

2.General

2.1.These Terms govern your relationship with us. Please review these Terms carefully before using the Services. By installing, accessing or using our Services, you expressly acknowledge and agree to be bound by these Terms and any future amendments or additions to the Terms from time to time.

2.2.You are responsible for checking the Terms on our website and/or Application periodically in order to review the current version of our Terms. Your continued use of our Services after such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms.

3.Registration

3.1.You must register with us using personally identifiable information in order to use our Services. At any given time from the date of your registration with us we may ask you to provide us with such information.

3.2.If you choose to provide us with your personally identifiable information and register with us as a user, you confirm that the information provided to us is true, accurate, current and complete. You further confirm that we may rely on your information in the provision of our Services. You acknowledge that if your personally identifiable information is untrue, inaccurate, not current or incomplete in any respect, we have the right but not the obligation to terminate this agreement and your use of our Services at any time without notice.

3.3.You agree that you will not impersonate any person, misrepresent any affiliation with another person, use false headers or otherwise conceal your identity from us for any purpose.

3.4.You agree to receive text messages and/or phone calls (from us or third-party providers) with codes to register for our Services.

3.5.You may provide us with the phone numbers of the Application users and other contacts in your mobile phone address book. You confirm that you are authorised to provide us with such numbers to allow us to provide our Services.

3.6.You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. You are responsible for all carrier data plan and other fees and taxes associated with your use of our Services.

3.7.Please note that when you register with us you will receive a verification code to confirm your mobile phone number. You are responsible for the confidentiality of the verification code and shall take ownership of all activity and transactions under your account. It is important that you protect against unauthorised access of your account and information by keeping mobile device secure.

3.8.If we believe that there is likely to be a breach of security, we may require you to change your account credentials or suspend your access to the Application and/or our Services. We reserve the right to edit, amend or issue you with new account credentials or require a change of your account credentials at any time by giving notice to you.

4.Provision of Account and Services

4.1.We reserve the right to restrict, suspend your access or delete your account with us, or to restrict, suspend or cease to provide any service to you at our sole discretion. Where such restriction or suspension of any Service is due to planned downtimes for maintenance of the Application, this will be communicated through the Application and/or our website and/or through our social media channels.

4.2.We may, at our sole discretion, update our Services without prior notice to you. Updates may modify or delete in their entirety certain features and functionality. You acknowledge and agree that we have no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality. You should promptly download and install all Updates, failing which you may not obtain the full features and functionality of our Services. By downloading and installing the Updates, whether such installation was automatic or not, you agree that the Updates are deemed to be part of our Services and are subject to the Terms herein.

4.3.You are responsible for acquiring and updating compatible hardware or electronic devices necessary to access and use our Services and any Updates thereto. We do not guarantee that our Services or any part thereof will function on any particular hardware or device.

5.Representations and Warranties

5.1By using our Services, you represent and warrant that:

a)you are at least eighteen (18) years old, or the age of legal consent for engaging in financial investment activities, whichever is the greater;

b)you have the right, authority and capacity to accept and agree to the Terms, use our Services, and abide by the Terms;

c)all personally identifiable information that you have submitted to us or any details given to us is true, accurate, up-to-date, complete and not misleading;

d)your use of our Services is for your own sole, personal use. You undertake not to authorise others to use your identity, and you may not assign or otherwise transfer your user account to any other person or entity;

e)you will notify us promptly of any unauthorised access to or use of our Services;

f)you will notify us immediately of any changes to any information you have provided to us in connection with these Terms;

g)you are solvent, able to pay your debts as they fall due and not an undischarged bankrupt;

h)you understand that financial regulations, financial codes, financial ethics and contractual requirements vary worldwide, and it is your responsibility to make sure that you comply with any and all applicable regulations, directives, restrictions and laws before using our Services. You have verified and determined that your use of our Services does not violate any such laws or regulations of any jurisdiction that applies to you; and

i)all monies that you use and invest through our Services does not originate in any way from drug trafficking, abduction, terrorist activity or any other criminal activity that is unlawful or could be considered unlawful by any relevant authority.

For the avoidance of doubt, representations and warranties are personal statements or assurances given by you on which we will rely when we provide our Services to you.

6.Use of Application and Services

6.1.General Conduct Rules – By using our Services, you agree that you will not:

(a)defame, abuse, intimidate, harass, stalk, threaten, instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes or violate the legal rights (such as rights of privacy) of others;

(b)publish, post, upload, distribute or disseminate any inappropriate, threatening, obscene, profane, defamatory, tortuous, libellous, indecent, unlawful or otherwise objectionable statements, material or information;

(c)upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws unless you have ownership or control the rights thereto or have received all necessary consent to do the same;

(d)use any material or information, including images or photographs, which are made available through our Services in any manner that infringes any intellectual property rights;

(e)upload, or otherwise make available, material containing software viruses, worms, trojan horses, ransom-ware or other harmful computer code, files, scripts, agents or programs;

(f)use another User’s account without consent or permission;

(g)knowingly disseminate information that you know, or reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to;

(h)share Personal Data with any other person through our Services;

(i)make improper use of our Services for any purpose not reasonably intended by us; or

(j)use our Services in violation of these Terms, or in violation of any Applicable Law which you may be subject to.

6.2.Application Usage Rules – You further agree that you will not:

(a)interfere or attempt to interfere with the proper functioning of our Services;

(b)reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) or other products or processes accessible through our Services;

(c)interfere or circumvent any security feature of our Services or any feature which restricts or enforces limitations on use of or access to our Services or any Content;

(d)probe, scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;

(e)share, sell or otherwise commercially exploit our Services, the Content or any part thereof. For the avoidance of doubt, the Services and Content are provided for your sole personal use;

(f)use features which are intended to be used within the Application, including but not limited to stickers, outside the Application; or

(g)bypass any measure we take to restrict access to our Services; or use any technology or device to scrape, spider, or crawl our Services to harvest data, or publish or link to malicious content intended to damage or disrupt another user’s electronic device.

6.3. Rules Relating to User Content - We reserve the right to remove any information, data or User Content from our Services at our sole discretion. By transmitting and submitting any User Content, you further agree that:

6.4. Block Users – You are able to block any user at any time. By blocking the user, you will not be able to send and receive direct messages from the user. Further, neither you nor the user will not be able the other as a participant to a group. Blocked users will not receive any notification that you have blocked them but will be informed when they try to send you a direct message. You can unblock a user at any time.

6.5. Reporting Message or Group Messages – You can report any message to us at any time if it is abusive or harmful, or a breach of these Terms and Conditions. We will review the message within 24 hours and take the appropriate steps pursuant to these Terms and Conditions.

(a)we have the right to display or share such User Content on our platforms or with other Users and third parties as we may deem appropriate for the provision of our Services. For the avoidance of doubt, we will not share your personally identifiable information with a third party, except as provided in our Privacy Policy;

(b)you will not post any User Content or other information that is malicious, false, inaccurate or misleading;

(c)you will not submit User Content or other information that is subject to intellectual property rights, including privacy rights, unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content and grant us a licence to display such content;

(d)we do not verify, endorse, represent, warrant or guarantee the truthfulness, completeness and accuracy of any content on the Application, including but not limited to User Content, and Qtee2 has no liability with respect to any such content; and

(e)any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through the Application is your sole responsibility. We shall not be responsible for any use or misuse of your User Content. You also agree and understand that we cannot pre-screen and monitor all User Content.

7.Payment

7.1.You may choose to pay for our Services by credit card and/or debit card or, where applicable, by such other methods as are made available in the Application from time to time (each a “Payment Mode”).

7.2. You agree that we may verify and authorise the Payment Mode details when you first register the Payment Mode with us as well as when you use the Service.

7.3. In the case of debit or credit cards as Payment Modes, you agree that we may issue a reasonable authorisation hold, which is not an actual charge against your card, in order to verify your payment method via your card. The authorisation hold is issued as a preventive measure against any authorised or fraudulent usage of your card.

7.4. In the event that the payment through a debit or credit card as your Payment Mode is processed overseas, you will be liable for any additional charges in relation thereto.

7.5. For paid Services, you will be liable to us for the full amount of the fees payable plus any other charges if any payment by you is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow us to determine (or in the case where a debit or credit card is used as the Payment Mode, to work with your debit or credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to us.

7.6. You shall be responsible for resolving any disputes with your debit or credit card company on your own.

7.7. You agree that you will cooperate in relation to any financial crime screening that is required and to assist us in complying with all Applicable Laws.

8.Term and Termination of Account

8.1.The term of this agreement commences when you download and install the Application and continues in effect until terminated by either you or us in accordance with these Terms.

8.2.You may terminate this agreement by terminating your account with us.

8.3.We may, at our sole discretion, with immediate effect and without any written notice to you, cease to provide you with access to our Services and/or terminate your account, (a) if you have breached or violated any of these Terms, the Privacy Policy or any other terms and conditions with us, or (b) where otherwise provided for in these Terms, or (c) for any reason whatsoever.

8.4.In the event of any termination, you will have no rights to the continued use or access to our Services. We will have no obligation to maintain your account or to retain or forward any information in your account, except as required by the Applicable Law.

9.Communications

All communications between you and us may be retained by us for our internal records. Save as where expressly provided for in these Terms and our Privacy Policy, we will not reveal such communications to any person, firm or company and shall not use or attempt to use any such communications in any manner without your permission, unless the disclosure is necessary to comply with a legal process; protect the rights, property or safety of Qtee2 or another party; enforce this agreement; or respond to any complaints.

10.Electronic Delivery

10.1.We do not guarantee the security of any information you transmit to us, and you transmit such information at your own risk. We do not accept liability for the security, authenticity, integrity or confidentiality of any transaction and other communications made through the Application.

10.2.We make no warranties that the Application and Services are free of viruses or other unauthorised software. You should take appropriate steps to keep your information, software and equipment secure. This includes clearing your browser cookies and cache before and after using the Services or the Application.

11.Licence Grant and Restrictions

11.1You are hereby granted a revocable, non-exclusive, non-transferable, non-assignable, personal, limited licence to use our Application in accordance with the Terms herein. All rights not expressly granted to you are reserved by us.

11.2You agree not to use any device, software or routine to interfere, attempt to interfere with, or disrupt the proper operation of the Application or the integrity or performance of the data or software accessible on or through the Application. In particular, you agree NOT to:

(a)modify or copy the Content;

(b)use our Services for any commercial purpose, or for any public display (commercial or non-commercial);

(c)remove any copyright or other proprietary notations from our Services;

(d)transfer our Services to another person or device;

(e)use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any part thereof of our Services;

(f)frame or “mirror” any portion of our Services on any other server or into any product or service; or

(g)reproduce or circumvent the navigational structure or presentation of our Services.

11.3This licence shall automatically terminate if you violate any of the restrictions above, breach any of the Terms, or if your account or access to the Application is restricted, suspended, deleted or terminated by us. This licence may be terminated by us at any time without notice. Upon termination of this licence, you must delete the Application and destroy any downloads or copies of the Content in your possession whether in electronic or printed format.

11.4In order to operate and provide our Services, you hereby grant us a worldwide, non-exclusive, royalty-free, sub-licensable and transferrable licence to reproduce, publish, distribute or otherwise use the User Content that you upload, submit, send or receive on or through the Application in accordance with the Terms and our Privacy Policy, including but not limited to any location information and personal information or any suggestions, feedback or other information that you may provide relating to the Application or the Services.

12.Intellectual Property Rights

You acknowledge and agree that we own or have the licence to use or operate our Services, including the source and object codes, pages, documents and online graphics, text, audio, video and such other content found in the Application and any and all intellectual property rights or other proprietary rights used or embodied in or in connection thereto. Unless expressly stated, all rights, title, benefit and interest in our Services are owned by, licensed to or controlled by us. Our Services shall not be reproduced, republished, transmitted or distributed in any way, without our prior written permission.

13.Disclaimer of Warranties

13.1.Our Services and Application are provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the extent permitted by law.

13.2.We make no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, availability, accuracy or completeness of the Services, including but not limited to any market data or other services and products obtained by or from any third parties. In particular, all trades executed on or through the Application are carried out by third party Trade Execution Providers. While data relating to trades may be displayed through the Application, such data is provided by the Trade Execution Providers and we do not execute trades or provide any similar service. For the avoidance of doubt, we are not affiliated with, and do not make any representation, warranty or guarantee as to the third party services provided through this Application, notwithstanding that the Trade Execution Provider’s or such other third party’s banners, advertisements, trade or service marks, logos or other devices may appear on the Application.

13.3.We do not take any responsibility for the success or failure of any trades attempted through the Application, the transfer of any data between the Application and the Trade Execution Providers, or the timeliness or accuracy of any data displayed on the Application. You acknowledge and agree that the entire risk arising out of your use of our Services (including any input error by you) and any third party services and products, including but not limited to any services from Trade Execution Providers, remain solely and absolutely with you. You agree that you shall have no recourse whatsoever against us.

13.4.Without limiting the generality of the aforesaid, we do not represent or warrant that:

(a)the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

(b)the Services will meet your requirements or expectations;

(c)any stored data will be accurate or reliable;

(d)the quality of any products, services, information or other materials purchased or obtained by you through the application will meet your requirements or expectations;

(e)errors or defects in the application and/or the software will be corrected; or

(f)the application or the server(s) that make the application available are free of viruses or other harmful components.

13.5.We do not provide financial services or advice of any sort, and nothing stated or posted on or through the Application should be interpreted as such. The Content does not constitute financial or professional advice. If financial or other professional advice is required, the services of a competent professional should be sought. In particular, we may make available third-party market data and other related information on the Application. These materials are for informational purposes only and do not constitute professional advice. You assume full risk and responsibility for the use of information you obtain from or through this Application, and you agree that we are not responsible or liable for any claims, losses, costs, damages, demands, proceedings, liabilities and expenses that you may incur or suffer, in connection with or arising from any use of the information or the Services.

14.Limitation of Liability

14.1.In no event shall we be liable to you or anyone for any direct, indirect, punitive, economic, future special, exemplary, incidental, consequential or other damages or losses of any type or kind (including personal injury, emotional distress and loss of data, goods, revenue, profits, use or other economic advantage).

14.2.We shall not be liable for any loss, damage or injury which may be incurred by or caused to you or to any person, including but not limited to loss, damage or injury arising out of, or in any way connected with our Services, including the use or inability to use our Services, any reliance placed by you on the completeness, accuracy or existence of any Content, or as a result of any relationship or transaction between you and any third-party provider, merchant, or advertiser appearing on the Application.

14.2.We do not and will not assess nor monitor the reliability, timeliness, availability, accuracy and completeness, of any third parties, including but not limited to market data providers and Trade Execution Providers, and you expressly waive and release us from any and all liability, claims or damages arising from or in any way related to any third parties.

14.2.We will not be a party to disputes, negotiations of disputes between you and any third parties. Responsibility for the decisions you make regarding services and products offered via our Services rests solely with and on you. You expressly waive and release us from any and all liability, claims, causes of action, or damages arising from your use of our Services, or in any way related to the third parties introduced to you through the Application.

14.3.For the avoidance of doubt, the above provisions apply to all of our Related Companies as well.

15.Indemnity

You agree that you shall defend, indemnify and hold us, our officers, directors, shareholders, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgements, orders, decrees, damages, costs, losses, liabilities and expenses of any nature whatsoever against us by any third party due to or arising out of or in connection with either:

(a)your use of our Services in your dealings with any third parties and/or other Users;

(b)your violation or breach of any of the Terms, Privacy Policy, any other terms and conditions with us, or any applicable law or regulation, whether or not referenced herein;

(c)your violation of any rights of any third party; or

(d)your use or misuse of our Services.

16.Third-Party Sites

16.1.Our Services may contain links to other websites or resources on the internet, which are not produced or maintained by us. We make no representation and are not responsible for the content of those websites and shall not be liable for any damages or losses arising from access to those websites. Any content, services, representations made on such websites are solely the responsibility of the operator of those websites and we assume no responsibility for any content, the operation or the services provided thereon. Use of the links and access to such linked websites are entirely at your own risk.

16.2.All links to other websites are provided as a convenience to you as a user of the Application. In no circumstances shall we be considered to be associated or affiliated in whatever manner with its operators or any trade or service marks, logos, insignia or other devices used or appearing on the websites to which the Application is linked.

17.General

17.1.Nothing contained in these Terms shall be so construed as to create any agency, employment, partnership or joint venture of any kind between you and Qtee2 (or any Related Companies) hereto.

17.2.No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless in writing signed by us. The rights and remedies herein are in addition to any rights or remedies provided by law.

17.3.Except with our written consent, you shall not assign and/or transfer any of the right and/or obligations under the Terms to any third party. We shall be entitled to assign and/or transfer any or all of the rights and/or obligations under the Terms to any third party without your consent.

17.4.Any clause, stipulation or provision of these Terms, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of these Terms, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.

18.Governing Law

The Terms shall be governed by and construed in accordance with the law of the Republic of Singapore.

19.Dispute Resolution

19.1.If you have any disputes or differences arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, you agree to notify us of the same in writing. We shall have the right, but not the obligation, to attempt to resolve the dispute or differences through an informal process within thirty (30) days from the date of receipt of your written notification.

19.2.In the event parties are unable to resolve the dispute or differences between you and us through the informal dispute resolution process stated above, unresolved disputes shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force which rules are deemed to be incorporated by reference into this provision. The Tribunal shall consist of one arbitrator (“Arbitrator”) to be appointed by the Chairman of the Singapore International Arbitration Centre. The language of the arbitration shall be English.

19.3.The decision in writing of the Arbitrator shall be final and conclusive upon both parties. The costs and expenses of arbitration, including the compensation and expenses of the Arbitrator, shall be borne by the parties as the Arbitrator may determine. Either party may apply to any court which has jurisdiction for an order confirming the award or commence legal proceedings to sue on the award. Except as provided below, any right of either party to judicial action on any matter subject to arbitration hereunder is hereby waived, except suit to enforce the arbitration award.

19.4.Notwithstanding the above and the arbitration provided for herein, actions initiated or maintained by either party for injunctive relief, whether mandatory or prohibitory or similar relief in equity are not subject to arbitration and may be brought by either party in any court which has jurisdiction. Actions may also be initiated or maintained by either party where the same is relevant or necessary for such party to obtain or secure any interlocutory or interim relief, including but not limited to proceedings for detention, custody or preservation of any property.

The last update to our Terms and Conditions of Service was posted on 19 August 2019.

©2019 Qtee2 Pte Ltd., All rights reserved.