Terms of Use

Important

1. Please read these terms and conditions carefully before accessing this website and using the online services. You agree to be bound by the following terms and conditions. If you do not accept any of these terms and conditions, please immediately discontinue your access to this website and use of the online services. For an explanation of defined terms, please refer to the Definitions section at the end of these terms and conditions.

Disclaimer

2. The information and materials contained in or accessed through this website are provided on an “as is” and “as available” basis. Watiga Trust does not warrant the accuracy, adequacy, completeness or reasonableness of the information and materials contained in or accessed through this website and expressly disclaims liability from any errors in, or omissions from, such information and materials. No warranty of any kind, implied, express or statutory (including, but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third party intellectual property rights, fitness for a particular purposes and freedom from computer virus and other malicious code), is given in conjunction with such information and materials, or this website in general.
3. Under no circumstances shall Watiga Trust be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this website and using the online services even if Watiga Trust had been advised as to the possibility.
4. In no event shall Watiga Trust be liable to you or any other party for any damages, losses, expenses or costs whatsoever (including, without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your accessing this website and using the online services, regardless of the form of action and even if Watiga Trust had been advised as to the possibility of such damages.

Indemnity

5. You hereby agree to indemnify and hold Watiga Trust harmless against all damages, losses, expenses and costs suffered or incurred by Watiga Trust in connection with or arising from (i) your access to this website and use of its online services, or (ii) any other party’s access to this website and use of its online services using your login details, or (iii) your breach of any of these terms and conditions, or (iv) any other party’s breach of any of these terms and conditions using your login details.

Hyperlinks

6. For your convenience, Watiga Trust may include hyperlinks to websites that are owned and operated by third parties. Such linked websites are not under the control of Watiga Trust and Watiga Trust cannot accept responsibility for the contents of or the consequences of accessing any linked website or hyperlink contained in a linked website. Furthermore, the hyperlinks provided in this website shall not be considered or construed as an endorsement or verification of such linked website or its contents by Watiga Trust. You agree that your access to and use of such linked websites is entirely at your own risk and subject to the terms and conditions contained therein.

Access and Use

7. You agree and undertake:
1. not to use any equipment, device, software or material which you know or have reason to suspect contains any viruses, malicious code or damaging components which may interfere with the operation of the website or online services, or corrupt data or software on or provided through the website or online services;
2. not to transmit any materials or information through the website or online services which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses, malicious code or damaging components; and
3. to access the website and use the online services in conformity with all applicable laws, the acceptable use policies of any connected computer networks and any applicable Internet standards.

8. Watiga Trust may at any time without notice to you determine and vary the (a) frequency and operating hours of, and manner of access to, the website and use of its online services, and (b) the types of information, facilities and services available.
9. You will be responsible for all transactions made by the use or purported use of the website and its online services by any person, with or without your authority, knowledge or consent, and may not claim against Watiga Trust in respect of any such use or purported use.
10. Watiga Trust may at any time, without notice to you and without assigning any reason therefor, and without liability for any inconvenience, loss, damage or injury suffered by you or any third party:
1. limit, suspend or terminate any or all of the website and/or its online services;
2. disallow any transaction or allow a transaction subject to such conditions as Watiga Trust sees fit; or
3. revoke or suspend your, or any person’s, right and authority to access the website and use the online services.

Authorised User

11. You acknowledge and confirm that any persons that you have authorised or are deemed to have authorised to access and/or use the online services directly or indirectly in relation to you (all such persons to be collectively referred to as the "Authorised Users"), are, subject to any restrictions that Watiga Trust may impose, severally empowered and authorised to give orders or instructions through the online services on your behalf and shall act, without prejudice to any other capacity which such person may be transacting under, as your agent when accessing and/or using the website or online services, directly or indirectly in relation to you.
12. You acknowledge and confirm that Watiga Trust shall be authorised to disclose your information to your Authorised Users or any persons whom Watiga Trust reasonably believes in good faith to be your Authorised Users.
13. You acknowledge and agree that all use and/or access of the website and online services by your Authorised Users shall be deemed your use. All references to your access or use of the website or online services shall be deemed to include the Authorised User's use and/or access where applicable. You shall procure and ensure that each of your Authorised Users is aware of and complies with the terms of this Agreement in relation to you.
14. Where you are accessing this website or using the online services as an Authorised User, you agree that:
1. the terms and conditions of this Agreement shall apply to any such access or use; and
2. you shall be bound by and shall comply with all other terms and conditions or restrictions applicable to you in connection with such use.

Instructions

15. You agree to be bound by any access or use of the website or online services (whether such access or use are authorised by you or not) which are referable to your information or Security Codes or those of your Authorised User. You agree and acknowledge that any use of or access to the website or online services referable to your information or Security Codes or those of your Authorised Users and any Instructions shall be deemed to be, as the case may be:
1. use of or access to the website or online services by you or your Authorised Users; or
2. Instructions transmitted or validly issued by you or your Authorised Users.

16. You further agree that Watiga Trust shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you or your Authorised Users and you waive all rights and remedies against Watiga Trust in respect of any loss, damage or expense thereby arising. You will be responsible and shall be liable for all Instructions.
17. Watiga Trust is under no obligation to investigate the authenticity or authority of persons effecting the Instructions or to verify the accuracy and completeness of the Instructions. Accordingly, Watiga Trust may (a) treat the Instructions as valid and binding on you; and/or (b) reveal your information to such persons notwithstanding any unauthorised access to the website or online services, error, fraud, forgery, lack of clarity or misunderstanding in the terms of the Instructions. Any loss, damage or expense resulting from the use of the website or online services by you or your Authorised Users are entirely at your own risk and Watiga Trust shall not be liable therefor.
18. All Instructions will be deemed to be irrevocable and unconditional upon transmission through the website or online services and Watiga Trust shall be entitled (but not obliged) to effect, perform or process such Instruction(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances you may request to cancel or amend the Electronic Instructions which Watiga Trust will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Watiga Trust is not obliged to give effect to any request to cancel or amend any Instruction.
19. Instructions may not have been received by Watiga Trust and accordingly, may not be carried out or processed, and Watiga Trust will not be liable for any loss, damage or expense which thereby arises. You are therefore advised to check on such Instructions via the website or online services or otherwise. Unless otherwise stated or determined in our absolute discretion any Instruction received by Watiga Trust after the relevant cut-off time on a business day (as determined by Watiga Trust from time to time) or on a non-business day in Singapore will be treated as an Instruction received on the next business day.
20. You acknowledge and agree that Watiga Trust may at any time at our sole discretion and without stating reasons:

1. require that you identify yourself by alternative means;
2. require any Instructions to be confirmed through alternative means;
3. refrain from acting promptly upon any Instructions in order to verify the authenticity of any Instructions or your identity;
4. determine the order of priority in effecting the Instructions,
5. decline to act on the Instructions at any time without prior notice or giving any reason, where:
1. the Instructions are ambiguous, incomplete or inconsistent with your other Instructions or instructions, information and/or data;
2. the Instructions have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by the relevant regulatory or governmental body;
3. the Instructions cannot be processed due to any disruptions that are beyond our reasonable control;

without incurring any responsibility for loss, liability or expense arising out of so declining to act.

21. You agree and acknowledge that Instructions may not be processed immediately, around the clock or in a timely manner, and that Watiga Trust will not thereby be liable for any loss, damage or expense suffered by you as a result of any delay.
22. You shall be solely responsible for ensuring the accuracy, adequacy and completeness of the Instructions and Watiga Trust shall not be obliged to verify the accuracy, adequacy and completeness of such instructions. You agree that Watiga Trust shall not be liable for any loss, damage or expense suffered by you as a result of any Instructions being inaccurate, inadequate or incomplete in any way.

Security

23. Use of the online services may require the use of Security Codes. Your Security Codes may be dispatched by Watiga Trust, at your risk: by mail to your last known address, by email to your last known email address, or in such other manner as we may prescribe. You agree to hold Watiga Trust harmless if any other person obtains possession of any of your Security Codes or Security Device.
24. Separate Security Codes for your Authorised Users may be issued directly to your Authorised User on such conditions as determined by Watiga Trust from time to time and such issuance will be subject to the terms of this Agreement to be accepted in full by the Authorised User in their personal capacity.
25. You are responsible for the confidentiality and use of your Security Codes. It is vital that you take steps to prevent disclosure or discovery of the Security Codes provided to you as you are liable for all losses incurred or transactions carried out in connection with any unauthorised use of the Security Codes or Security Devices and you may not claim against Watiga Trust in respect of any such use or purported use.
26. You must notify Watiga Trust by contacting Watiga Trust in the manner stipulated in the online services immediately if you have lost any of your Security Codes, Security Devices or have knowledge or have reason for suspecting that the confidentiality of the Security Codes have been compromised or if there has been any unauthorised use of the Security Codes (such as where you notice any unauthorised transactions or unauthorised access to your Accounts through the online services). Following the occurrence of any event referred to in this Clause, Watiga Trust may at our discretion issue replacement Security Codes and/or Security Devices and charge a replacement fee.
27. Watiga Trust may at our sole discretion require you to use and shall issue to you, replacement Security Codes or Security Devices.
28. All Security Devices provided to you by Watiga Trust are and will remain our property and you must return all Security Devices promptly upon our request or upon cancellation or termination of the online services. Security Devices must not be altered, tampered with, disassembled or in any way copied or modified, and must not be dealt with or exploited in any way without our written authorisation.
29. You shall notify Watiga Trust immediately upon receipt of any data or information which is not intended for you and you shall delete such data or information from your telecommunications device or equipment immediately.
30. If any Authorised User to whom the Security Codes and/or Security Devices are given is no longer authorised to use the online services in relation to your Account, you shall immediately notify Watiga Trust.

Copyright

31. Unless accompanied by an explicit statement to the contrary, all information and materials contained in or accessed through this website are protected by copyrights, trademarks, database rights or other intellectual property rights, and is the property of Watiga Trust.
32. Except as otherwise specifically agreed in writing or to the extent necessary for your access to this website and use of its online services in accordance with these terms and conditions, you shall not (i) copy the website in whole or in part, (ii) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, timeshare, lend or transfer or in any way exploit the website in whole or in part, (iii) embed the website into other products, (iv) use the website in any timesharing arrangement, (v) create function calls or other embedded links from any software program to the website, (vi) remove or obscure any copyright notice of Watiga Trust or any of its third party suppliers, (vii) use any trademarks, service markets, domain names, logos or other identifiers of Watiga Trust of any of its third party suppliers, or (viii) save to the extent permitted by law, reverse engineer, decompile, disassemble or access the source code of the website.
33. Nothing on the website is designed to grant any license or right to use any image, trademark or logo. No act of downloading or otherwise copying from the website will transfer any legal entitlement to any software, information or materials on the website to you. Watiga Trust reserves all intellectual property rights (including but not limited to copyrights, trademarks or database rights) to all information and materials on the website, and will enforce such rights to the full extent of the law.

Severability

34. To the extent that any provisions in these terms and conditions are found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these terms and conditions but such finding shall not affect the validity, lawfulness or enforceability of these terms and conditions in any other jurisdiction.

Consent to Disclosure and Use of Information

35. By accessing the website and/or using the online services, you acknowledge and accept the disclosure of your information to Watiga Trust, its affiliates or such other third party for the purpose of providing you access to the website and/or use of the online services, and sending you notices and communications relating to your access to the website and/or use of the online services, or to your business with Watiga Trust. Failure to allow such disclosure, access to or use of your information may result in Watiga Trust’s inability to offer or continue to offer the online services to you.
36. You will provide Watiga Trust with any information or documentation that Watiga Trust may reasonably request relating to your access of the website or use of the online services and shall cooperate with Watiga Trust in any related investigation or litigation.
37. Watiga Trust’s authority to collect, use or disclose your information shall survive the termination of this Agreement, and Watiga Trust’s rights and abilities under this section shall be in addition to and without prejudice to our other rights of disclosure under and pursuant to any other agreement you have with Watiga Trust, or any other laws and nothing herein is to be construed as limiting any of those other rights.
38. Neither Watiga Trust nor any of our personnel shall be liable for any loss or damage suffered by you as a result of any disclosure of any information which you have consented to Watiga Trust collecting, using or disclosing or where such collection, use or disclosure is allowed under the applicable laws.
39. For information on how Watiga Trust collects, uses and discloses personal data, please request the Watiga Trust Personal Data Protection Policy Statement from office@watigatrust.com.

Notices

40. All notices or other communications given by Watiga Trust to you if:
1. sent by post or left at your last known address or sent to your last known email will be deemed to be received by you on the day following such posting or transmission or on the day when it was so left; or
2. communicated through any print or electronic media (including but not limited to via this website or online services) as Watiga Trust may select will be deemed to be notified to you on the date of publication or broadcast.

Records

41. Watiga Trust’s records of information or transactions shall be conclusive against and binding on you except in the case of manifest error. 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 the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system, and you hereby waive any of your rights (if any) to so object.

No Waiver

42. No failure to exercise, nor any delay in exercising, on Watiga Trust’s part any right or remedy under this Agreement will operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. Watiga Trust’s rights and remedies in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.

Miscellaneous

43. Watiga Trust reserves the right to use any providers, subcontractors and/or agents on such terms as Watiga Trust deems appropriate.
44. Except for Watiga Trust’s affiliates, providers, subcontractors and agents, no person or entity who is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, 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, this shall not affect the rights of any permitted assignee or transferee of this Agreement.
45. The information and materials contained in or accessed through this website or the online services are subject to change (including, without limitation, modification, deletion or replacement thereof) without notice.
46. Watiga Trust may without giving any reason vary this Agreement at any time with or without prior notice to you.
47. Watiga Trust, our affiliates, providers, subcontractors and agents shall not be liable for any non-performance, error, interruption or delay in the performance of any obligations under this Agreement or in the website’s or online services’ operation, or for any inaccuracy, unreliability or unsuitability of the online services if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes acts of God, natural disasters, acts of terrorism, embargoes, epidemics, acts of any government or authority, power failures, and the acts or a party for whom Watiga Trust, our affiliates, providers, subcontractors and agents are not responsible for).

Governing Law and Jurisdiction

48. Nothing herein shall be construed as a representation by Watiga Trust that the information and materials contained in or accessed through this website is appropriate or available for use in jurisdictions other than Singapore. By accessing this website and using the online services, you agree that such access to this website and use of its online services, as well as these terms and conditions shall be governed by, and construed in accordance with, the laws of the Republic of Singapore, and you agree to submit to the exclusive jurisdiction of the Singapore courts.

Definitions

49. In this Agreement, unless the context otherwise requires:
1. “Account” means the specific trust, fiduciary or custody account or engagement which you maintain with and through Watiga Trust;
2. "affiliate" means, in relation to any person, a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, such person;
3. “Instructions” means any communication, instruction, order, message, data, information or other materials received by Watiga Trust via the website, online services or any other channel and referable to your information, Security Codes or those of your Authorised Users (including use of your information or Security Codes or those of your Authorised Users by any person, whether authorised or unauthorised by you or your Authorised Users), from you or purporting to come from you or from your Authorised Users or purporting to come from your Authorised Users;
4. “online services” means any services offered or otherwise accessed in any manner through this website;.
5. “Security Codes” means personal or login identification details, Security Devices and other codes (including but not limited to passcodes, whether selected by you, generated for one-time use or otherwise) and access procedures for use in connection with access to and use of the website or online services;
6. "Security Devices" means any software, tokens, electronic devices, hardware or any other equipment required in conjunction with the Security Codes in order to enable you to access and/or use the website or online services;
7. “this Agreement” means these terms and conditions as amended or supplemented;
8. “Watiga Trust” means Watiga Trust Ltd. and its affiliates;
9. words importing the singular include the plural and vice versa;
10. words importing the masculine gender include the feminine or neuter gender and vice versa;
11. references to persons are to be construed as references to an individual, company or trust as the context requires; and
12. headings are for ease of reference and shall not affect the interpretation of any provision herein.