Disclaimer, Terms and Conditions of Web Site Use

This web site and all web pages thereunder, including the content, information, applications, programmes, images, sounds, graphics, video and other materials displayed therein and the functionalities or services provided herein (collectively, this “Web Site”) is provided by Symphony Financial Partners (Singapore) Pte. Ltd. ("Symphony"). The use of this Web Site is subject to the following terms and conditions (“Terms of Use”). By accessing this Web Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or use this Web Site.

This Web Site is protected by international copyright laws and other intellectual property rights. Any rights of Symphony not expressly granted under these Terms of Use are exclusively retained by Symphony. No information contained in this Web Site, any part of this Web Site, or associated documents (together the “Information”), may be redistributed in whole or in part, stored in a retrieval system, modified, linked into, mirrored, framed, republished, reproduced, reverse engineered, decompiled, disassembled, separated, distributed, displayed, broadcast, uploaded, transferred, transmitted in any form or by any means electronic or mechanical, or by photocopying, recording or otherwise without the express prior written permission of Symphony.

The trade marks, services marks, trade names, logos, or identifying marks relating to the products and services of Symphony and/or used and displayed on this Web Site (collectively, “Trade Marks”) are registered and unregistered trademarks of Symphony and nothing on this Web Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trade Marks displayed on this Web Site without express prior written consent of Symphony.

All Information is provided for informational purposes only. The Information is not intended, and should not be construed, as an offer to sell, or a solicitation of an offer to purchase, any investment, as an endorsement of any investment. Any offer of investments will only be made on the basis of an offering memorandum or a prospectus in respect of such investments containing a description of material terms of the investment and the relevant risks. The Information is not intended as marketing of any fund in any member state of the European Economic Area for the purposes of the EU Directive 2011/61/EU on Alternative Investment Fund Managers.

The Information is confidential and is not intended to influence you in making any investment decisions and should not be considered as advice or an offer or recommendation to buy or sell any investment instrument or to enter into any contract for a financial instrument transaction. Symphony does not hold out any of its agents, nominees, directors, officers or employees as having any authority to advise you, and Symphony does not purport to advise you on any investment. The Information may not be suitable for all investors and investors must make their own investment decisions using their own independent advisors and relevant offering material. Any investment decisions must be based upon an investor's specific financial situation and investment objectives and should be based solely on the information in the relevant offering memorandum. Income from or the price or value of any financial instruments may rise or fall. Past performance is not necessarily indicative of future results.

For your convenience, this Web Site may contain hyperlinks to other web sites or content on the Internet that are owned or operated by third parties. Such linked web sites or content are not under Symphony’s control and Symphony is not liable for any errors, delays, omissions, inaccuracies, defamation, libel, slander, falsehood, obscenity or any other objectionable material contained in the contents, or the consequences of accessing, any linked web site, or any services, products, information, data software or other material obtained or downloaded from any linked web site. Any hyperlinks to any other web sites or content are not an endorsement or verification of such web sites or content and you agree that your access to or use of such linked web sites or content is entirely at your own risk.

This Web Site is provided on an “as is” and “as available” basis. No representations or warranties of any kind, implied, express or statutory, including warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with this Web Site. Any views, opinions or assumptions may be subject to change without notice. Without prejudice to the generality of the foregoing:

• Symphony assumes no responsibility or liability for the commercial value, correctness, accuracy, adequacy, timeliness or completeness of the Information and this Web Site, for any viruses or other malicious, destructive or corrupting code, agent, program or macros contained in, or attached to, this Web Site, or for any loss, expense or damage (including any direct, indirect, incidental, special, exemplary, consequential or punitive damages or economic loss or any claims for lost opportunities, profits, use, income, revenue, business interruption and goodwill losses), whatsoever or howsoever caused (regardless of the form of action, including tort or strict liability), arising directly or indirectly from or in connection with:
  • any access of, use or misuse of or inability to access or use the Information and this Web Site;
  • any errors, delays, omissions or inaccuracies in the Information and this Web Site and any action taken in reliance on the Information and this Web Site;
  • any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent, program or macros;
  • any services, products, or information, data, software or other material obtained or downloaded from this Web Site or from any other party referred by this Web Site;
  • damages arising in connection with the downloading or installation of, or the inability to download or install, Information or relevant materials from this Web Site, by you or other third party;
  • any loss of data or interruption in use, or availability, of data.
• Symphony does not warrant:
  • that this Web Site will be provided uninterrupted or free from defects, errors and/or faults, or that any identified defects, errors and/or faults will be corrected; and
  • the security of any information transmitted by or to you through this Web Site and you accept the risk that any information transmitted or received through this Web Site may be accessed by unauthorised third parties and/or disclosed by Symphony to third parties purporting to be you or purporting to act under your authority. Transmission over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.
• Symphony may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, this Web Site and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing or using this Web Site (whether in whole or in part).

Symphony holds a capital markets services licence for fund management under the Securities and Futures Act, Chapter 289 of Singapore (the “SFA”) and is regulated by the Monetary Authority of Singapore (“MAS”). Symphony has also invoked the relevant exemption from holding a financial adviser's licence under the Financial Advisers Act, Chapter 110 of Singapore.

Symphony is registered as an investment adviser with the US Securities and Exchange Commission.

Symphony is exempt from registration as a Commodity Trading Advisor with the US Commodity Futures Trading Commission pursuant to Section 4m(3) of the US Commodity Exchange Act.

Symphony Financial Partners (Singapore) Pte. Ltd. 80 Raffles Place, #24-21 UOB Plaza 2, Singapore 048624.

General

Governing law: Use of this Web Site and these Terms of Use shall be governed by and construed in accordance with Singapore law and you hereby submit to the exclusive jurisdiction of the Singapore courts.

Entire agreement: These Terms of Use shall constitute the entire agreement between you and Symphony relating to the subject matter hereof and supersede and replace in full all prior understandings, communications and agreements with respect to the subject matter hereof.

Binding and conclusive: You acknowledge and agree that any records maintained by Symphony relating to or in connection with this Web Site shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Symphony and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.

No waiver: Symphony’s failure or delay to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure or delay shall not affect the right later to enforce these Terms of Use. Symphony would still be entitled to exercise its rights and remedies in any other situation where you breach these Terms of Use.

Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and Symphony’s rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies it may have in law or in equity, and no exercise by Symphony of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent its exercise of any other such right or remedy as at law or in equity.

Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms of Use shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.

Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore or any similar legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.

Amendments: Symphony may by notice through this Web Site or by such other method of notification as it may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date Symphony specifies through the above means. If you use this Web Site after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop accessing or using this Web Site and terminate these Terms of Use. Symphony’s right to vary these Terms of Use in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to these Terms of Use.

Sub-contracting and delegation: Symphony reserves the right to delegate or sub-contract the performance of any of its functions in connection with this Web Site and reserves the right to use any service providers, subcontractors and/or agents on such terms as it deems appropriate.

Assignment: You may not assign your rights under these Terms of Use without prior written permission of Symphony. Symphony may assign its rights under these Terms of Use to any third party.

Force majeure: Without prejudice to the generality of the foregoing, Symphony shall not be liable for non-performance, error, interruption or delay in the performance of its obligations, if any, under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of this Web Site’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control.

Interpretation: Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms of Use, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of Symphony and the provision which is more favourable to Symphony shall prevail.

Login Access

Your username and password is for your personal use only and neither may be transferred to any other person. The Information in this Web Site is confidential and may not be shared without Symphony’s consent.

This material is communicated by Symphony (Company Registration No. 201303637E), a holder of a capital markets services licence for fund management under the SFA, and regulated by the MAS. By entering this Web Site you agree and confirm to Symphony that:

• you have chosen to access this Web Site of your own will;
• you will not distribute, copy or otherwise reproduce any of the Information;
• you understand that none of the Information comprises or includes a financial promotion or investment advertisement and the Information is not intended as an offer, solicitation, advice or recommendation with respect to the purchase or sale of any security or the execution of any contract for a financial instruments transaction, and that the Information is provided for your information only;
• you understand that the Information is not intended for distribution to, or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation;
• wherever resident, you are an "accredited investor" within the meaning of the SFA or an investor in an equivalent class under the laws of the country or territory of your jurisdiction of residence, and/or an “institutional investor” within the meaning of the SFA;
• if you are accessing this Web Site in the United Kingdom, you are: (i) an investment professional within the meaning of Article 19 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2005 ("FP Order"); (ii) high net worth company or another entity falling within Article 49 of the FP Order; or (iii) any other person to whom such communication may lawfully be made; and
• if you are accessing this Web Site in the United States, , you are a "qualified purchaser" (as defined in the United States Investment Company Act of 1940, as amended (the "Company Act")) and an "accredited investor" (as defined in Rule 501(a) under the Securities Act).

Secure areas: Access to and use of password-protected and/or secure areas of this Web Site are restricted to authorised users only. You agree and undertake not to obtain or attempt to obtain unauthorised access to such parts of this Web Site, or to any other protected information, through any means not intentionally made available by Symphony for your specific use.

Username and Password: If you request to create an account with Symphony, a Username and Password may either be: (i) determined by and issued to you by Symphony; or (ii) provided by you and accepted by Symphony in its sole and absolute discretion in connection with the use of and/or access to this Web Site. Symphony may at any time in its sole and absolute discretion forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any loss or damage suffered by or caused by you or arising out of or in connection with or by reason of such invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You shall notify Symphony immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password. For the purpose of these Terms of Use, “Username” refers to the unique login identification name or code which identifies a user who has an account with Symphony and “Password” refers to the valid password that a user who has an account with Symphony may use in conjunction with the Username to access this Web Site.

Purported use/access: You agree and acknowledge that any use or purported use of or access to or purported access to this Web Site and any information, data, instructions or communications referable to the Username and Password shall be deemed to be, as the case may be: (i) use of or access to this Web Site by you; and/or (ii) information, data, instructions or communications carried out, transmitted or validly issued by you. Symphony shall be entitled (but not obliged) to act upon, rely on and/or hold you solely responsible and liable in respect thereof as if the same were carried out, transmitted or validly issued by you. You further agree and acknowledge that you shall be bound by any access or use of this Web Site (whether such access or use is authorised by you or not) and/or information, data, instructions or communications referable to your Username and Password.

Privacy Policy

This policy sets out the basis on which any personal data Symphony (herein referred to as “we”, “our” or “us”) collect from you, or that you provide to us, will be used, processed and/or disclosed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

What information we collect

To provide you with the best possible client experience we may ask you to submit personal data such as your name, postcode, email address and mobile phone number.

Where you disclose personal data of other individuals to us, you warrant that such individuals have consented to us collecting, using or disclosing such personal data for: (a) the relevant purpose for which you made the disclosure or as was notified to you at the relevant time; and (b) the other purposes as described below in this policy.

Additionally we use web technologies e.g. cookies and web beacons, to automatically track and log limited personal data and link this with information you or other suppliers have provided.

Anonymous data will be recorded for the purpose of reporting web traffic statistics, advertisement 'click-throughs', and/or other activities on our sites.

How we use your data

You agree that the personal data we obtain will be used for technical administration of this Web Site, enhancing your experience of this Web Site, research and development, providing customer service, marketing, advertising targeting, purposes set out in the cookies policy below and analysing our activities and complying with applicable laws, regulations and other requirements (e.g. providing assistance to law enforcement agencies, regulatory authorities and other governmental agencies; performing internal audits).

We may disclose your personal data to regulators, state institutions and authorities.

We cannot guarantee the security of your data transmitted to this Web Site. Any transmission of data is at your own risk. However, we will take appropriate technical and organisational measures to safeguard personal data that we receive against loss, theft and unauthorised use, disclosure or modification.

Access to data

If you wish, you can obtain a copy of any personal data we have about you by sending your request to the Data Protection Officer by email at info@symphony-fp.com.sg

We will provide you, at no charge, with a hard copy of the personal data that we keep about you, although we will require proof of your identity. If you consider that the information we hold about you is incorrect, you may where appropriate, have the data erased, amended or updated.

Privacy Support

If you have an enquiry or concern about this policy or about the collection, use and/or disclosure of your personal data or if you would like to update your personal data or if you wish to withdraw any consent you have provided to us previously, please contact the Data Protection Officer by email at info@symphony-fp.com.sg

Cookies Policy

We collect information about your visits to this Web Site through use of Internet "cookies" (an information collecting device from a web server) as described further below.

We may send text files (e.g., "cookies" or other cached files) or images to your web browser to store information on your computer. Such text files and images are used for technical convenience to store information on your computer. For instance, we may use a session cookie to store form information that you have entered so that you do not have to enter such information again. We may use information stored in such text files and images to customise your experience on this Web Site, to support the features and functionalities of this Web Site and to collect information about the ways you use this Web Site. You may set your browser to notify you when you receive a cookie. Many web browsers allow you to block cookies. If you do block cookies you may not be able to access certain parts of this Web Site. You can disable cookies from your computer system by following the instructions on your browser or at www.allaboutcookies.org