1.1 Dobin is a financial data analytics platform (the "Platform") provided by Dobin Pte. Ltd. (hereinafter, "we", "us", "our", or "Dobin"). "You" and "your" refers to any person accessing or using the Platform and the services provided on or through the Platform. Any reference to the Platform includes our websites and our mobile application.
1.2 Please read these terms and conditions of service ("Terms") carefully before you register for an account to use the Platform ("Account"). These Terms contain important information about your rights and obligations when you access and use the Platform. By registering for an Account and using the Platform, you agree to be bound by the latest version of these Terms which form a legally binding contract between you and Dobin.
1.3 We may revise these Terms at any time without notice to you and any changes will be uploaded on this page. Such changes shall take effect from the date of upload and your continued use of the Platform from such date will be deemed to constitute acceptance of the new Terms. It is your responsibility to check this page for such changes from time to time.
2.1 The Platform and all of its Contents are owned by us or licensed to us by third parties. “Contents” refer to all contents on or made available through the Platform including but not limited to, all text, graphics, audio and images, html code, interactive features, software, scripts, buttons, the arrangement and compilation of contents and any trade marks, names, logos, designs, pages, documents and multimedia.
2.2 We (or where applicable, our licensors) retain all legal, equitable and moral rights in the Platform and its Contents that have not been expressly granted to you. You acknowledge that you have no right, title or interest in and to the Platform and its Contents and you agree not to challenge their validity or our ownership of or rights to them.
2.3 We reserve the right to change, modify, substitute, suspend, withdraw or remove without notice any information, content, service and/or feature of the Platform from time to time. Your access to the Platform may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We assume no responsibility for functionality which is dependent on your browser or other third party software to operate.
3.1 You will be required to register for an account with us ("Account") in order to use the services provided by our Platform.
3.2 You must satisfy the following conditions to be eligible to register for an Account:
3.3 By registering for an Account, you represent, warrant and undertake that all information which you provide to us is truthful, accurate, up to date and complete. Any failure to maintain accurate, up-to-date and complete information may result in any or all of the following:
3.4 Once set-up, your Account enables you to access and use the Platform and its services in accordance with these Terms. Other than as stipulated in these Terms, you must not transfer or share your Account with anyone.
3.5 You are responsible for all activities which occur under your Account. It is therefore important that you maintain the confidentiality of the user ID and password for your Account and not share such information or the use of your Account with anyone.
5.1 The Platform uses the documents and information that you supply to us to generate your financial profile. By registering for an Account and submitting your Records to us, you acknowledge that:
5.3 You are responsible for ensuring that your use of the Platform, its Content and your Account is in accordance with all applicable laws and regulations.
5.4 You warrant and represent that you will not:
5.5 These Terms do not grant to any person or entity any right or licence to use the Platform or any Content on the Platform in any form of advertising, promotion or marketing materials without our prior written consent.
6.1 You may encounter websites of third parties which contain hyperlinks to the Platform. Such hyperlinks on those websites do not necessarily indicate that we are associated or affiliated with those websites or the providers of those websites or the goods and services offered at those websites. Please check with us before relying on third party statements of association or affiliation with us.
6.2 If you do not have our written permission, you may not create hyperlinks to the Platform or any of its Contents. If we give permission, we may impose terms and conditions on you.
6.3 We may, for your convenience, include hyperlinks on the Platform which lead to other websites or content that are owned or operated by third parties. Such websites and content are not under our control and we are not liable for any of the same. The inclusion of such hyperlinks on the Platform are not an endorsement or verification of such websites or content and you agree that your access to and use of such websites or content is at your own risk.
7.1 Your Licence to Us. These Terms do not grant us any ownership rights in the documents and information that yousupply to us or in other content and data which are or may be provided, uploaded, or submitted to the Platform by you or third parties whom you have authorised (the "Data"). However, you grant us consent and a limited, revocable, non-exclusive, non-transferable license to access, transmit, receive, monitor, retrieve, store, maintain, process, share, and use the Data in ways necessary to provide the Platform and its services to you.
7.2 Rights to Platform. You acknowledge and agree all intellectual property rights in the Platform, its Contents, and all information and content which we generate through your access and use of the Platform (except for the Data) are, and shall remain, the property of Dobin and its licensors. Furthermore, you acknowledge and agree that the source and object code of the Platform and the format, directories, queries, algorithms, structure and organization of the Platform are the intellectual property and proprietary and confidential information of Dobin and its licensors. You are not granted any intellectual property rights in and to the Platform which are not expressly granted in these Terms and such rights are hereby reserved and retained by Dobin and its licensors.
7.3 Trade Marks. You are not authorized to use Dobin's trade marks in any advertising, publicity or in any other commercial manner without our prior written consent, which may be withheld for any or no reason.
7.4 Third Party Claims. You acknowledge and agree that in the event of a third party claim against you that the Platform or your use of the Platform infringes any third party’s rights, you (and not Dobin) will be responsible for the investigation, defence, settlement and discharge of any such claim. You will, however, promptly notify Dobin in writing of such a claim.
8.1 You shall keep confidential all information and materials about the Platform, and all information of a secret, confidential or proprietary nature concerning our business or affairs which is not otherwise in the public domain that may come into your knowledge or possession as a result of communications between you and us or the performance of these Terms (the 'Confidential Information').
8.2 In the event that we discover that you have made or make or intend to make or cause to be made any unauthorized disclosure of the Confidential Information, we will be entitled to take out an injunction against you to restrain you from making any such disclosure. In addition, or in the alternative, as the case may be, we shall be entitled to exercise such legal and equitable remedies as are available in respect of your breach and to further protect the Confidential Information.
9.1 The Platform, its Contents, and any information contained in or provided through the Platform are provided on an 'as is' and 'as available' basis and we make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy of the same.
9.2 We do not represent or warrant that: (a) the provision of the Platform or its Contents will be secure, timely, uninterrupted or error-free or that these will operate in combination with any other hardware, software, system or data; (b) the Platform and its Contents will meet your requirements or expectations; (c) the quality of, information or other materials obtained by you through the Platform will meet your requirements or expectations; (d) that the Contents or any stored data will be accurate or reliable; (e) errors or defects in the Platform or its Contents will be corrected; or (f) the Platform, its Contents, or our servers are free of viruses or other harmful components.
9.3 All conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are hereby excluded and disclaimed to the fullest extent.
9.4 Your use of and reliance upon the Platform and its Contents is at your sole risk and discretion.
9.5 The Platform and its Contents may be subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications (including problems inherent to the mobile device you use). We are not responsible for any delays, delivery failures, damages, or losses resulting from such problems.
10.1 To the fullest extent permissible under law, in no event shall Dobin be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection these Terms or your use of the Platform or its Contents, including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether Dobin had advance notice of the possibility of any such damages.
10.2 Without limiting the generality of the foregoing, the maximum aggregate liability of Dobin for any claim arising under or in connection with the Platform, its Content, your Account and/or these Terms, whether in contract, tort, breach of statutory duty or otherwise, shall not exceed the amounts actually paid by in using the Platform during the event giving rise to such claim.
You agree to indemnify, defend, and hold harmless Dobin, its officers, directors, employees, managers, shareholders, agents, representatives, subsidiaries, affiliates, suppliers, and licensors from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with your: (a) access and use of the Platform, its Contents and/or your Account other than in accordance with these Terms; (b) breach of these Terms; (c) violation of law; (d) negligence or willful misconduct; or (e) violation of the rights of a third party, including the infringement by you of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.
We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently the Platform or any part thereof, with or without notice. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of the Platform or any portion thereof.
13.1 Neither party shall be deemed to be in breach of these Terms for any failure or delay in performance of its obligations hereunder caused by reasons beyond its reasonable control, including but not limited to acts of God, epidemics, wars or any kind of military operations, blockade, acts of terrorism, communication failures, strikes (other than strikes involving such party), normative acts (such as any laws or actions) issued or taken by the state or government institutions and binding on the parties, enforcement by a Financial Institution, or a Financial Institution's blocking, suspension or denial of access to Dobin or the Platform (collectively, "Force Majeure"). In this section, "Financial Institution" means a legal entity engaged in the business of dealing with financial transactions, including, without limitation, banks, payment system providers, money lenders, and other financial service providers located around the world.
13.2 The party prevented from fulfilling its obligations by a Force Majeure event shall inform the other party in writing of the occurrence of such circumstances and their possible duration not later than within five days from the date of occurrence of the Force Majeure event.
14.1 Relationship. The parties hereto are independent contractors. Nothing in these Terms shall operate to constitute a party an agent, partner, employee or representative of the other party. A party shall not hold itself out as such nor as having any power or authority to incur any obligation of any nature express or implied of the other party nor shall a party pledge the credit of the other party.
14.2 Entire Agreement. These Terms constitute the entire agreement between Dobin and you with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral, related to that subject matter.
14.3 Rights of Third Parties. These Terms are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms may only be invoked or enforced by Dobin or you.
14.4 Nature of Terms. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.
14.5 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation in these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach of these Terms constitute a waiver of any subsequent breach.14.6 Assignment. Neither party shall not assign its rights or obligations under these Terms without prior written consent of the other party, provided that Dobin may assign or transfer these Terms or any or all of its rights and obligations under these Terms without consent to an affiliate of Dobin or to an acquirer of all or substantially all of Dobin's business, equity or assets.
These Terms shall be governed by Singapore law, without regard to excluding its conflicts of law principles. Any disputes, actions, claims or causes of action arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts of Singapore.