Terms of Use
By accessing or using the services, systems, websites, and mobile application (collectively referred to as the "Services") of Penguin Securities Holdings Pte Ltd and its Subsidiaries (“Penguin Securities”), you acknowledge that you have read, understood, and agree to be bound by the Terms of Use outlined herein, as well as our Privacy and Data Protection Policy. If you do not agree with these terms, please do not use our Services.
The content and information included in these Services are provided by Penguin Securities and/or its third-party data/information suppliers (collectively, the "Information Providers"), subject to the conditions described in these Terms of Use.
1.USE OF SERVICES
Scope of Usage: The Services are made available to you by Penguin Securities, subject to the terms and conditions outlined herein. These services are intended for Accredited Investors and Institutional Investors as defined in Section 4A of the Singapore Securities and Futures Act 2001. Subject to your compliance with this Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Penguin Securities’ mobile application on compatible mobile device(s) solely for the purpose of accessing and viewing your account balance and transaction data provided by Penguin Securities.
Conditions: This license does not permit you to use the Penguin Securities’ Services for any other purpose, sublicense it, commercial use, or access it via automated means (e.g., bots, scripts) unless expressly authorized by Penguin Securities in writing.
Security of Your Account Credentials: You are responsible for all statements made and acts or omissions that occur while your user identification name (or "User Name") and passwords are being used. You are responsible for protecting and securing your User Name and password from unauthorized use and disclosure. If you become aware of, or believe there has been, any breach of security for any of your information stored on Penguin Securities' website or mobile application – where applicable, such as the theft or unauthorized use of your User Name, password, or any other information, you will notify Penguin Securities immediately.
No Investment Advice or Solicitation: The Services and mobile application – where applicable, have been prepared for informational purposes only without regard to any particular user's investment objectives, financial situation, or means, and Penguin Securities is not soliciting any action based upon it. Any material provided by the Services is not to be construed as financial, tax, legal or other advice; a recommendation; or an offer to buy or sell; or the solicitation of an offer to buy or sell any security, financial product, or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal.
No Recommendations or Guarantee of Suitability: Penguin Securities' provision of the Services and mobile application – where applicable, does not constitute a recommendation to transact or imply suitability of any product described. Many of the products described in the Services involve significant risks, and you should not enter into any transactions unless you have fully understood all such risks and have independently determined that such transactions are appropriate for you. Certain transactions, including those involving complex financial instruments, give rise to substantial risk and are not suitable for all investors. Any discussion of the risks contained herein with respect to any product should not be considered to be a comprehensive disclosure of all risks or a complete discussion of the risks which are mentioned. You should not construe any of the material contained herein as business, financial, investment, hedging, trading, legal, regulatory, tax, or accounting advice.
2.RESTRICTIONS
Prohibited Actions: You shall not:
Store, copy, modify, sell, publish, transmit, distribute, reproduce, or commercially exploit the Services of Penguin Securities without prior written permission of Penguin Securities and/or any third-party Information Provider(s).
Use the Penguin Securities’ Services for illegal or unauthorized purpose, including (but not limited to) by submitting any material to Penguin Securities through the Services that may be considered (by Penguin Securities) to be abusive, defamatory, threatening or otherwise harmful to others; or by uploading or transmitting viruses or any other type of malicious code, unauthorized access to the Services; or remove or alter any proprietary notices.
Compliance: You must comply with all applicable laws, including those related to financial transactions and data protection.
3.OWNERSHIP
Intellectual Property: The Penguin Securities and/or any third-party Information Provider(s) reserve all rights to the Services and associated proprietary information, including, but not limited to, all intellectual property rights such as; patents, software, designs, trademarks, service marks, copyrights, database rights, topography rights, industrial design, know-how, trade secrets, trade names, logos, designs, symbols, emblems, insignia, slogans, drawings, plans and other identifying materials, in all forms whether or not registered or capable of registration and any other rights relating to intellectual property in accordance with the applicable laws,) subsisting in or relating to the Services.
No Transfer: This Terms of Use confers no title or ownership in the Penguin Securities’ Services or its components to you.
4.TERMINATION
Termination Rights: Penguin Securities may exercise full discretion in modifying or discontinuing any part or whole of the Services subject to this Terms of Use at any time without cause or prior notice.
5.DISCLAIMERS OF WARRANTIES
As-Is-Basis: The Penguin Securities’ Services is provided “as is” and “as available,” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law.
No Guarantee: We do not warrant that the Penguin Securities’ Services will be uninterrupted, error-free, secure, or free of viruses, nor do we guarantee the accuracy or completeness of wallet or transaction data provided through the Penguin Securities’ Services.
Support: Penguin Securities, not Apple, Android, Google, or other app store providers, is solely responsible for providing maintenance and support for the Penguin Securities’ Services, if any.
6.LIMITATION OF LIABILITY
Exclusion: To the maximum extent permitted by law, Penguin Securities, its affiliates, directors, employees, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, arising out of or relating to this Terms of Use or resulting from the use or the inability to use the Services, including but not limited to damages for loss of funds, data, profits, or other intangible damages, arising from your use of the Penguin Securities’ Services, even if such party has been advised of the possibility of such damages.
7.GOVERNING LAW AND JURISDICTION
Applicable Law: This Terms of Use is governed by and constructed in accordance with the laws of Singapore, without regard to its conflict of law principles.
Dispute Resolution: Any disputes arising under this Terms of Use shall be subject to the exclusive jurisdiction of the courts of Singapore.
8.PRIVACY
Data Practices: Your use of the Penguin Securities’ Services involves the collection and processing of personal data as described in our Privacy and Data Protection Policy, which complies with Personal Data Protection Act (PDPA), and other applicable laws.
Recording and Monitoring of Communications: By agreeing to the Terms of Use of the Services, you acknowledge and agree that Penguin Securities, in the interest of security, reserves the right to record all telephone conversations, internet conversations including chat, and any meetings between you and Penguin Securities. You furthermore agree that Penguin Securities reserves the right to monitor your use of the Services, and that the resultant information may be used by Penguin Securities for its internal business purposes.
9.MODIFICATION TO TERMS OF USE
Terms and Conditions Updates: Penguin Securities, in its sole discretion, has the right to make modifications to these Terms of Use at any time without notice, and will publish modified terms of the Terms of Use on Our Website. The continuing use of our Services after any published modifications will constitute the client´s agreement to the modified Terms of Use.
10.GOVERNING LAW
Governing Law and Jurisdiction: Any claims arising from this Terms of Use will be governed by and construed in accordance with the laws of Singapore and shall be subject to the exclusive jurisdiction of the Courts of Singapore.