Welcome to WealthFolio (our “Portal”). Our Portal is a client relationship management software which allows users to store, track and manage their financial and insurance data.
We license use of our Portal to you on the basis of this Agreement. We do not sell our Portal to you and we remain the owner of our Portal at all times.
IMPORTANT NOTICE TO ALL USERS:
You should print a copy of this Agreement for future reference.
1.1 The provisions set out in this Agreement govern your access to and your use of our Portal and shall constitute a legally binding agreement between you and us. We may change such terms from time to time without prior notice. If you do not agree to such terms, you must not use our Portal.
1.2 Subject to you agreeing to abide by the terms of this Agreement, we hereby grant to you a personal, non-exclusive and non-transferable licence to use our Portal on the terms of this Agreement.
1.3 By registering an account with us (which involves providing us with certain mandatory and voluntary information as required for a successful registration) and using our Portal, you confirm that:
(a) you have read the terms set out in this Agreement and agree to be bound by and comply with them;
(b) you are 18 years old and above. We may ask for proof of age before you can register for an account with us; and
(c) where you are registering as a financial advisor, you hold and maintain in force a valid financial adviser’s licence with the Monetary Authority of Singapore, as required under the Financial Advisers Act (Cap. 110) of Singapore (the “MAS Advisor Licence”), and any and all other licences, permits and authorisations mandated under applicable law or by any relevant governmental, regulatory or licensing body to conduct the transactions contemplated by you on our Portal (collectively with the MAS Adviser Licence, the “Licences”).
1.4 Where you are registering as a financial adviser, the successful registration of your account is subject to our verification that you hold a valid and current MAS Advisor Licence. You undertake to provide us all necessary information and reasonable cooperation for us to complete such verification. For the avoidance of doubt, nothing in this Agreement shall render us liable (i) to apply for or maintain any of the Licences or (ii) for your failure to maintain in force any of the Licences. You shall indemnify us against any such failure on the terms set out in Paragraph 8 below.
1.5 You are responsible for maintaining the confidentiality of your account and you are responsible for all activities that occur under your account. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your account.
1.6 If you register with us as a financial adviser, you may receive a specified number of client accounts (whether on a complimentary basis or subject to our applicable rates in force). You are responsible for ensuring that each such account is properly allocated to a single customer only. You may not transfer any client accounts between customers without our prior written consent. Each client account will be activated only upon the successful registration by the customer through our Portal and shall be subject to the terms of this Agreement as well.
1.7 We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Portal or your account at any time, or remove or edit content (including content submitted by you) on our Portal or on any of our affiliated websites (including social media pages).
1.8 We reserve the right to change, modify, suspend or discontinue any portion of the Services, our Portal or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.
1.9 Save to the extent permitted by us in writing, you are not permitted to use, or submit any content to, our Platform or any of our affiliated websites to advertise, promote or market any products or services of any third party or yourself.
1.10 The following additional terms also apply to your use of our Portal and form part of this Agreement:
(a) Our Acceptable Use Policy (which can be viewed in the attached Schedule below) sets out the permitted uses and prohibited uses of our Portal. When using our Portal, you must comply with this Acceptable Use Policy.
2.1 You become a subscriber to our Portal by completing the registration of an account with us.
2.2 Some Services may require payment of subscription fees and/or other ancillary fees before you can access or use them. These fees will be notified to you through our Portal.
2.3 If you purchase a recurring subscription from us, the subscription period for your account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our Portal. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the subscription price:
(a) upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
(b) on the renewal date of the subscription period thereafter, without any further action by you.
2.4 Any subscription fees due in relation to your Account must be paid by their due date for payment, as notified to you through our Portal or otherwise. Failure to make timely payment of the fees may result in the suspension or termination of your access to your account and/or our Portal or any of the Services.
2.5 Our fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring subscription fees. Your continued use of the recurring subscription will constitute acceptance of the amended fees, which will be charged on a recurring basis from the next subscription period.
2.6 You shall be responsible for any applicable taxes (including any goods and services tax) under this Agreement.
2.7 All payments shall be made in Singapore Dollars, through our Portal or by any payment method listed on our Portal, to such account as we may notify to you for payment of the subscription fees. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
2.8 If you cancel your subscription to our Portal, you may continue to access the account until the expiry of the subscription period in which the cancellation occurred.
2.9 Termination of your account for any reason whatsoever shall not entitle you to any refund of the subscription fees.
3. Uploading content to our Portal
3.2 You are fully responsible for your content uploaded to our Portal. We will not be responsible, or liable to any third party, for:
(a) the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our Portal; or
(b) the loss of any content or data (whether in physical or digital form) provided to us by you. You should keep a record of all such content and data (including for the avoidance of doubt any insurance policies).
3.4 We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
3.5 We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our Portal constitutes a violation of their rights under Singapore law.
3.6 We have the right to delete any content uploaded to our Portal if, in our opinion, it does not comply with the content standards set out in our Acceptable Use Policy.
Except as expressly set out in this Agreement or as permitted by any local law, you undertake:
(a) not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our Portal or any of the contents therein for any commercial or other purposes;
(b) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our Portal nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our Portal or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
(c) not to provide or otherwise make available our Portal in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
(d) to include our copyright notice on all entire and partial copies you make of our Portal on any medium;
(e) to comply with all applicable technology control or export laws and regulations; and
(f) not to disrupt, disable, or otherwise impair the proper working of the Services, our Portal or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.
5. Intellectual property rights
5.1 You acknowledge that all intellectual property rights in our Portal anywhere in the world belong to us, that rights in our Portal are licensed (not sold) to you, and that you have no rights in, or to, our Portal other than the right to use them in accordance with the terms of this Agreement.
5.2 Any intellectual property rights in content uploaded by you to our Portal shall continue to belong to you or their respective owners. You agree that you grant us a royalty-free and non-exclusive licence to use, reproduce, publish and display such intellectual property rights for the purposes of performing the Services, promotional purposes and internal purposes.
5.3 You acknowledge that you have no right to have access to our Portal in source code form.
5.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded from our Portal in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5.5 Our status (and that of any identified contributors) as the authors of content on our Portal must always be acknowledged.
5.6 You must not use any part of the content on our Portal for commercial purposes without obtaining a licence to do so from us or our licensors.
5.7 If you print off, copy or download any content on our Portal in breach of this Agreement, your right to use our Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
6.1 While we make all efforts to maintain the accuracy of the information on our Portal, we provide the Services, Portal and all information, content, materials, products and other services included on or otherwise made available to you through the Services (the “Related Content”) on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. You expressly agree that your use of the Services and our Portal is at your sole risk.
6.2 To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Portal or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our Portal, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.
7. Limitation of Liability
7.1 The information available through our Portal is based solely on the information uploaded or submitted by users of our Portal and we are not liable for the completeness, accuracy or correctness of such information. Without prejudice to the generality of the foregoing, the Needs Analysis for a customer is only intended to provide a graphical comparison of the customer’s needs and the financial and/or insurance products purchased or to be purchased by them and should only be used for illustrative purposes.
7.2 We do not provide, and will not be responsible for providing, any financial or insurance advice, nor are we affiliated with any particular insurance agency. All customers are recommended to seek the professional advice of insurance agencies, insurance agents, financial advisers and/or other advisers before they purchase any financial or insurance product. All financial advisers who use our Portal are responsible for providing such financial and/or insurance advice to their customers and shall not rely on the Needs Analysis for any purpose beyond illustrative purposes.
7.3 The terms and conditions of any financial or insurance product are subject to written contract between the financial or insurance company and the customer. We are not involved in, nor responsible for, the preparation, review or execution of such contract nor shall anything on the Portal regarding any financial or insurance product be deemed as having any contractual force.
7.4 Financial advisers who use our Portal are required to maintain in force, and renew in a timely manner, all Licences, including the MAS Advisor Licence. You must provide us, where possible, at least thirty (30) days’ prior written notice of the expiry or termination (for any reason whatsoever) of any of the Licences. Failure to maintain a valid Licence shall entitle us to suspend or terminate your access to your account, our Platform and/or any of the Services.
7.5 While we will use our best efforts to verify the MAS Advisor Licence of the financial advisers who use our Portal, we will not be liable for any failure of a financial adviser to maintain in force a valid MAS Advisor Licence or any other Licences.
7.6 We do not assist with dispute resolution between any users. In the event of any dispute, you are responsible for contacting the relevant insurance agency, your insurance agent or financial adviser or your customer (as relevant). We are not obliged at any time to adjudicate on any such dispute. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of our Portal or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.
7.7 We only supply our Portal for domestic and private use. You agree not to use the Services, our Portal and the Related Content for any commercial, business or re-sale purposes (save to the extent otherwise agreed by us in writing), and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement (including but not limited to the use of, or inability to use, the Services, our Portal or any other website or software) for:
(a) loss of profits, sales, business, or revenue;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss or corruption of data or information;
(e) loss of business opportunity, goodwill or reputation; or
(f) any other indirect or consequential loss or damage.
7.8 Nothing in this Agreement shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud; and/or
(c) any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
7.9 Customers may upon termination of their subscription to any policy, or the discontinuation of their engagement of any financial adviser, delete their information relating to such policy or adviser from our Portal. As such, financial advisers who use our Portal must ensure they maintain on their own account full and proper records of policies sold to customers. Our Portal is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
7.10 This Agreement sets out the full extent of our obligations and liabilities in respect of the supply of the Services and our Portal. Except as expressly stated in this Agreement, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our Portal which might otherwise be implied into, or incorporated in, this Agreement whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
(a) any and all claims relating to or arising under any financial or insurance product purchased by you;
(b) any failure on your part or the part of your financial adviser (as applicable) to maintain in force or renew in a timely manner any of the Licences;
(c) any failure on your part or the part of your financial adviser or any third party to provide us (whether directly to us, through our Portal or otherwise) up-to-date, complete and accurate information.
9. Other important terms
9.1 We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or obligations under this Agreement.
9.2 You may only transfer your rights or your obligations under this Agreement to another person if we agree in writing.
9.3 No joint venture, partnership or agency or employment relationship has arisen by reason of this Agreement.
9.4 This Agreement and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement or any document expressly referred to in it.
9.5 If we fail to insist that you perform any of your obligations under this Agreement, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.6 Each of the conditions of this Agreement operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
9.7 This Agreement, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by Singapore law. In the event of any such disputes or claims in connection with this Agreement, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Singapore.
ACCEPTABLE USE POLICY
SUSPENSION AND TERMINATION
CHANGES TO THE ACCEPTABLE USE POLICY