DividendCaptureStrategy.com
TERMS OF SERVICE
Updated: 12 Nov 2019
Thank you for visiting the Dividend Capture Strategy (“DCS”, “We”, “Us”, “Our”, our “Services”, the “Indemnified Party”) Website.
By accessing this Website, you (“You”, “Your”, the “Indemnifying Party”) accept and agree to be bound by the Terms of Service as specified below. If you do not agree to these Terms of Use, please do not use this Website.
You may need a DCS Account in order to use some of our Services. You may create your own DCS Account, or your DCS Account may be assigned to you by an administrator, or DCS accredited member. Your administrator has the rights to access or disable your account.
By opening a DCS account, you are confirming that you are aware of and understand the following:
The information published on this Site is provided without charge as a convenience to users, to be used for informational purposes only and shall not be construed as an offer or solicitation to deal in the funds or products referred to or contained in this Site. While DCS (which shall include any of its relevant third party providers) has tried to provide accurate and timely information, there may be inadvertent delays, omissions, technical or factual inaccuracies and typographical errors.
The information provided on this Site is provided "AS IS", "AS AVAILABLE" and is provided by way of a simple summary. DCS (which shall include any of its relevant third party providers) does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained in this Site, and DCS expressly disclaims liability for errors or omissions in these materials. DCS makes no commitment to update the information contained in this Site. Accordingly, you are advised to read the relevant prospectus for further information.
All materials and contents found in this Site are strictly for information purposes only and should not be considered as an investment advice or recommendations, an inducement of offer, or solicitation, to deal in any of the funds or products found in this Site by DCS or any of its relevant third party providers. Any forecasts or projections or forward looking statements made whether by DCS or any other party in this Site are not necessarily indicative of future or likely performance, future events or future financial performance of products, countries, markets or companies. These statements are only predictions and actual events or results may differ.
While certain tools available on the Site may provide general investment or financial analysis based upon your personalized input, such results are not to be construed as our providing investment recommendations or advice. Please make your own assessment of the relevance, accuracy and adequacy of the information contained in this Site. You are advised to make your independent investigations as may be necessary or appropriate for the purpose of such assessment including the investment risks involved.
Any opinion or estimate contained in this Site is made on a general basis and neither DCS nor any of its servants or agents have given any consideration to nor have they or any of them made any investigation of the investment objective, financial situation or particular need of any user or reader, any specific person or group of persons.
Accordingly, DCS expressly disclaims all liability for the use or interpretation by others of information contained in this Site or for any loss arising whether directly or indirectly as a result of the visitor, user, any person or group of persons acting on any information, opinion or estimate contained in this Site. Decisions based on the information contained in this Site is your sole responsibility, and in exchange for using this Site, you agree to hold DCS, its subsidiaries and affiliates harmless against all and any claims for damages arising from any decisions that you make based on such information.
In consideration of the foregoing, and of the mutual covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties to this Agreement hereby agree as follows:
The Indemnifying Party agrees to indemnify and save the Indemnified Party, and all their employees harmless from and against any and all claims, liability, loss, expenses, suits, damages, judgments, demands, and costs (including reasonable legal fees and expenses) arising out of (i) the acts or omissions of Indemnifying Party, in connection with; or (ii) any accident, injury or death to persons, or loss of or damage to property, or fines and penalties which may result, in whole or in part, by reason of using DCS.
The Indemnifying Party shall defend and settle at its sole expense all suits or proceedings arising out of the foregoing. The obligations of the Indemnifying Party under this Indemnity Agreement shall last in perpetuity.
Any failure or delay by either Party to exercise any right, power or privilege hereunder or to insist upon observance or performance by the other of the provisions of this License Agreement shall not operate or be construed as a waiver thereof.
When permitted by law, DCS, and DCS’s suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of DCS, and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
In all cases, DCS, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable.
Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
To protect your DCS Account, keep your password confidential. You are responsible for the activity that happens on or through your DCS Account. Try not to reuse your DCS Account password on third-party applications. If you learn of any unauthorized use of your password or DCS Account, you must inform DCS immediately.
Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.
Our Services display some content that is not DCS’s. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don’t assume that we do.
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we’ll be sorry to see you go. DCS may also stop providing Services to you, or add or create new limits to our Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
Other than as expressly set out in these terms or additional terms, neither DCS nor its suppliers or distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. We provide the Services “as is”.
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify DCS and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
We make no promise that materials on the DCS Website are appropriate or available for use in your location, and accessing the DCS Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this DCS Website from your location, you do so on your own initiative and are responsible for compliance with local laws.
You may not transfer any of your rights under these Terms to any other person. We may transfer our rights under these Terms to another business where we reasonably believe your rights will not be affected. If you breach these Terms and DCS chooses to ignore this, DCS will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
DCS shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control. If any of these Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service.
Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of the Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.These terms control the relationship between DCS and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
These Terms Of Use shall be governed and construed in accordance with the laws of the Republic of Singapore. You hereby agree to submit to the exclusive jurisdiction of the Singapore courts in the determination of any claim or dispute arising in connection with or relating to the use of this Website.
PRIVACY POLICY
Your privacy is important to us. This Privacy Policy sets out how DCS comply with the provisions of the Personal Data Protection Act 2012 of Singapore (“PDPA”).
You agree and consent to us, the Organisation, and our authorised service providers and third parties to collect, use and disclose and/ or retain your Personal Data in the manner set forth in this Privacy Policy.
If you wish to withdraw your consent to any use or disclosure of your Personal Data as set out in this Privacy Policy, you may contact us. Please note that if you withdraw your consent to any or all use or disclosure of your Personal Data, depending on the nature of your request, we may no longer be in a position to continue to provide membership benefits and services to you. Such a withdrawal may therefore result in the termination of any membership that you may have with us.
DCS has taken every reasonable step to comply and will continue to comply with its obligations as a data processor arising from the data protection and privacy laws in force from time to time to the extent that those obligations are relevant to this Agreement. We have also taken steps to implement and maintain an information security program including reasonable administrative, technical and physical measures designed to secure and protect the confidentiality, integrity and availability of all confidential information while in such party’s possession against unauthorized, unlawful or accidental access, disclosure, transfer, destruction, loss or alteration.
Each party will exercise commercially reasonable efforts not to disclose any Personal Data to the other party and to restrict the other party’s access to its Personal Data, but if a party is given access to the other party’s Personal Data, the receiving party will protect such Personal Data using a reasonable standard of care.
Each time when you register with DCS for any of the DCS Services, you will be asked to provide certain personal information about yourself in order to create a DCS account. The personal information collected during the registration process includes but is not limited to your email address, name, nationality, passport number, country of residence.
Whenever the personal information requested by DCS is marked as “Required Field”, you must provide and agree to the processing of this personal information by DCS. If you do not agree to provide this personal information and/or not agree to us processing it, then DCS will be unable to provide the relevant services to you and your application for such services will be rejected.
DCS is committed to keeping personal information secure. DCS has appropriate technical, administrative and physical procedures in place to protect personal information from loss, theft and misuse, as well as against unauthorized access, disclosure, alteration and destruction. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
We do not share your personal information with companies, organizations, or individuals outside of DCS except for legal reasons.
We will share personal information outside of DCS if we have a good-faith belief that access, use, preservation, or disclosure of the information is reasonably necessary to:
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give DCS (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services and to develop new ones.
This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.
A cookie is a small text file that a website can send to your browser, which may then store it on your system. We use cookies in some of our pages to collect information about users of our website (for example, store users’ preferences and record session information), and the information that we collect is then used to ensure a more personalised service level for our users. You can adjust the settings on your browser, so that you will be notified when you receive a cookie. If you wish to disable the cookies associated with these technologies, you may do so by changing the settings on your browser. However, by doing so, you may not be able to use certain functions or enter certain sections of the DCS Website.
Solely for convenience purposes to users, this Website may contain links to certain non-DCS sites in which their Terms Of Use may differ from those of the DCS. The DCS shall not be responsible for the content and privacy practices of these other websites. Hence, we would like to suggest that you should consult their Terms Of Use accordingly.
These Terms Of Use shall be governed and construed in accordance with the laws of the Republic of Singapore. You hereby agree to submit to the exclusive jurisdiction of the Singapore courts in the determination of any claim or dispute arising in connection with or relating to the use of this Website.