Terms and Conditions
We are happy to allow you access and use of www.finaccord.com (the “Website”). Please take time to read these terms and conditions, our Privacy Statement and cookie policy which are linked to below (the “Terms”) before proceeding. By using this Website or purchasing any of the Finaccord services, you confirm that you accept the Terms and that you agree to comply with them. Save as set out in the Terms, your use of this Website and the content and services which may be accessed through it, is at your own risk. We recommend that you print a copy of the Terms for future reference. Please contact us if you do not understand any point and ask for further information.
WE WOULD LIKE TO DRAW YOUR ATTENTION TO CLAUSE 12 WHICH CONTAINS EXCLUSIONS AND LIMITATIONS OF LIABILITY FOR ANY LOSSES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE. PLEASE READ THIS CLAUSE CAREFULLY.
We may amend the Terms from time to time. Any amended Terms will be posted on this Website and will apply to all future use of the Website and purchase of the Finaccord services by you.
1. INFORMATION ABOUT US
This Website is operated by Aon Global Operations SE (registration number B249913) whose registered office is at 534, rue de Neudorf, L-2220 Luxembourg, Grand Duchy of Luxembourg, acting through Aon Global Operations SE Singapore Branch (registration number T12FC0122F) whose registered office is at 2 Shenton Way, #26-01 SGX Centre 1, Singapore 068804.
2. PURPOSE OF THIS WEBSITE
This Website is designed to help you find further information about our unique areas of expertise, offered services and includes listings of published reports and databases for sale.
3. BASIS OF USE
3.1 When using this Website, you must comply with the provisions of acceptable use set out in clause 6 below.
3.2 We may update and change this Website from time to time. If you are a Website registered user, we will try to give you reasonable notice of any major changes that may impact your use of or access to the Website.
3.3 We reserve the right to suspend, withdraw or restrict access to the Website, or any part of it, at any time for any purpose we deem reasonable, without notice. This includes where we believe that you have breached these Terms. We shall not be obliged to restore any of your data which may be deleted in the course of suspending, withdrawing or restricting your access to the Website. It is your responsibility to print out and/or save any materials or data which you may require in the future.
3.4 You are responsible for making all arrangements necessary for you to have access to this Website including accessing the internet and installing, configuring and obtaining licenses for any software required to use and access this Website and for ensuring that software is operating properly.
3.5 If you choose, or are provided with, a user ID, password or any other information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You are responsible for all use of this Website when access is obtained using your user ID and password, whether or not authorised. We have the right to disable any user ID or password, whether chosen by you or allocated by us, if at any time you have failed to comply (in our reasonable opinion) with any provisions of the Terms.
3.6 For your security, we recommend that you close all open browsers relating to this Website on completion of your visit. If you know or suspect that anyone other than you know your user ID or password, you must promptly notify us at [email protected].
4. RESIDENCE
4.1 YOU ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS RELATING TO ACCESS TO THIS WEBSITE, INCLUDING THE VIEWING OR USING THE CONTENT OF THE WEBSITE, IF AND TO THE EXTENT LOCAL LAWS ARE APPLICABLE.
5. INFORMATION FOR GUIDANCE NOT ADVICE
5.1 The contents of this site are for general informational purposes only (and do not constitute any form of legal, accounting, tax, regulatory or actuarial advice) and should not be used or relied upon as a substitute for detailed advice specific to you.
5.2 The information provided on this Website is made available on an “as is” basis, without warranty of any kind (and do not constitute any form of legal, accounting, tax, regulatory or actuarial advice) and is for guidance only. The information on this Website is not intended to amount to advice on which you should rely, and you should seek appropriate professional advice and satisfy yourself that any action taken in reliance on the information displayed on, or available to purchase from, this Website is appropriate for you.
5.3 It is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use will be contrary to local law or regulation. The contents of this Website do not have regard to the specific investment objectives, financial situation or the particular needs of any person. Where we provide (upon your request) you with more information concerning any product listed in this Website, this shall not be taken to be a representation or warranty by us that the product is suitable for you.
5.4 Aon and its affiliates, directors, associates, connected parties, employees and/or representatives may own or have an interest in the products or services available through the Website.
6. ACCEPTABLE USE POLICY
6.1 You may only use this Website and any services provided through it for lawful purposes. You must comply with the acceptable use policy as set out in this section (the “Acceptable Use Policy”).
6.2 You must not nor, must you allow another person to:
6.2.1 knowingly transmit any data, send or upload any material that is corrupt or contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware or perform any act that would cause this Website to become unavailable for use by others (including via any form of denial-of service attack);
6.2.2 access without authority, interfere with, damage or disrupt any part of this Website, any software, the server or other equipment or network used in the provision of this Website (including where owned or used by any third party).
Breach of either of the above requirements is a criminal offence under the Computer Misuse and Cybersecurity Act (Cap. 50A). We will report any such breach and disclose your identity to the relevant law enforcement authorities.
6.3 Additionally, you agree not to use this Website or to allow another person to use this Website (including any content or materials on this Website):
6.3.1 to do anything which will or might damage, disrupt access to, or interfere with the proper operation of this Website, or any transaction being conducted on it;
6.3.2 to do anything which will or might place an unreasonable load on the Website infrastructure;
6.3.3 to post, distribute or send any “spamming material” or any other form of bulk communication;
6.3.4 to impersonate any person or entity;
6.3.5 to publish, or disseminate any material which is unlawful, defamatory, indecent, offensive or inappropriate;
6.3.6 to transmit any material which contains viruses, or other computer codes designed to interrupt, limit or destroy the efficient operation of the Website, or its software and hardware;
6.3.7 to do anything which breaches or infringes our property rights in any way, including copyright;
6.3.8 in any way that breaches any applicable local, national or international law or regulation;
6.3.9 in any way that is fraudulent or has any fraudulent purpose or effect;
6.3.10 for your own or another person’s commercial purposes;
6.3.11 to modify, adapt, decipher, decompile, disassemble or reverse engineer any of the software comprised in or in any way making up a part of this Website or services provided by this Website;
6.3.12 to scrape, reproduce, duplicate, copy, modify, distribute, publish, resell or transmit any element comprised in this Website, including any software comprised in it, the content or the services provided through it;
6.3.13 to harm or attempt to harm minors in any way;
6.3.14 to send, knowingly receive, upload, download (except for page caching as required to view this Website on the internet in accordance with these Terms), post, distribute, disseminate, or otherwise transmit, any material which is inaccurate, illegal, defamatory, offensive, infringing, obscene, indecent, unsolicited, unauthorised (including “spam”) or otherwise objectionable or which may expose you or us to legal action or reputational damage;
6.3.15 to obtain or attempt to obtain unauthorised access to or interfere with, damage or disrupt any part of this Website, any computer systems, equipment, software or networks on or through which this Website is stored or operated;
6.3.16 to access or interfere with another person’s records, impersonate another person or create or use a false identity or e-mail address;
6.3.17 to use any technology or processes of any kind to access, acquire, copy, monitor, navigate or search this Website or any portion of it (including the use of data mining, robots or similar data gathering and extraction tools); or
6.3.18 in any way that is not authorised by us.
6.4 You will fully co-operate with us where any law enforcement authorities, regulators or court order requests or directs us to disclose the identity or locate anyone posting any material in breach of our Acceptable Use Policy.
7. DISCLAIMERS
7.1 Whilst we will use our reasonable endeavours to ensure that the information on the Website or contained in the Deliverables (as defined in clause 9.2 of these Terms) is up-to-date, we do not warrant the accuracy, adequacy of, or completeness of, any information contained on this Website and expressly disclaims and liability for errors or omissions. Please feel free to write to us at the address below if you spot an error.
7.2 We will take reasonable steps to provide a safe and reliable service but there are some risks with using the internet. We do not guarantee that the Website will be free from viruses and accept no responsibility for any harmful computer code that might be introduced to your system by using this Website. We do not guarantee that access to this Website will be uninterrupted and accept no responsibility for any interruption. Your access to this Website or any product may be terminated at any time, without notice. You may not be authorised to access the Website after termination but the limitation of liability and indemnity provisions in these Terms will survive the termination. Any licenses or other rights you granted to us will also survive termination.
7.3 Our Website may be linked to other websites. They are provided for your convenience only. Links to an external site should not be construed as an endorsement. We make no representation about the accuracy of any information contained on any other websites. We are not responsible for any loss, damage, cost or expense you incur in accessing or attempting to access such a site. You must obtain our prior written permission to link to this website.
7.4 Aon disclaims all warranties or representations of any kind whatsoever, whether express or implied, including but not limited to the implied warranties of merchantability, title, non-infringement and fitness for a particular purpose with respect to the contents of this Website.
8. CONSEQUENCES OF BREACH OF ACCEPTABLE USE POLICY
8.1 We may monitor and log user activity, and any material contributed by users for security purposes and to identify any actual or potential misuse of this Website.
8.2 Failure to comply with our Acceptable Use Policy constitutes a material breach of these Terms.
8.3 Where we have reason to believe that you have, or you are likely to, use the Website in breach of our Acceptable Use Policy, we may take such action as we reasonably deem appropriate including: immediate, temporary or permanent withdrawal of your right to use this Website; immediate, temporary or permanent removal of any material contributed by you to this Website; legal proceedings against you; and/or disclosure of such information to law enforcement authorities or regulators as we reasonably feel is necessary.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 We own certain registered trademarks which may appear on this Website. Unauthorised use is prohibited. We also own the copyright in the information and material on this Website or we have the right to use it under a license or agreement. You may print out or download a copy for your personal, non-commercial use. Except as provided by any applicable law, all other use, copying or reproduction of all or part of this website is prohibited.
9.2 In the course of providing services to you, Aon may provide or produce reports, data, information, materials, software and other goods (collectively “Deliverables”). We grant you a royalty free, non-transferable licence to use the Deliverables for the specific purpose which they were provided. Disclosure within your organization shall be for internal and non-commercial purposes only and, on the understanding, that each recipient accepts the Deliverables: (i) on the basis that Aon's aggregate liability, collectively, to those recipients and you is not greater than Aon's liability to you as set out in these Terms; and (ii) subject to an obligation to keep the Deliverables confidential.
9.3 You shall not disclose and shall procure that no person in your organization shall disclose the Deliverables to any third party without both: (i) the prior written consent of Aon: and (ii) the third party having accepted in writing in a form acceptable to us, that disclosure shall be on a non-reliance basis and subject to an obligation to keep the Deliverables confidential and not to disclose it to any third party, other than as required by court order, law or regulation. You agree that Aon has no liability, whether arising in or for breach of contract, tort (including negligence), breach of statutory duty or otherwise, to any third party to whom the Deliverable (or any part of it) is disclosed, whether disclosed in compliance with the preceding sentence or otherwise.
9.4 We retain current and future rights and title in all copyright, trademarks or rights in Deliverables, databases, inventions or trade secrets, know-how, trade and business names, domain names, marks and devices (whether or not registered) and other proprietary rights relating to intellectual property and applications for any of those rights (where such applications can be made) capable of protection in any relevant country of the world including without limitation intellectual property rights in our knowledge, ideas, concepts, materials, programmes, documentation, models, studies and methodologies and technology used, acquired or developed in the course of providing services to you (“Intellectual Property Rights”).
9.5 Aon authorises you to copy and display the contents of this Website only for your personal and non-commercial use. The contents must not be copied or posted in any network computer or broadcast in any media. You must not use any part of the content of the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
9.6 You must not modify, adapt, distribute, download (except for page caching as required to view this Website on the internet in accordance with these Terms) or post contents from the Website, nor may you store any part of this Website in any other website or include it in any public or private electronic retrieval system or service.
9.7 You must not modify the paper or digital copies of any materials that you have printed off or downloaded from this Website and you agree not to use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or explanation.
9.8 You must not remove any copyright notice, disclaimers or acknowledgement that we or any of our contributors is the author of any website content, from this Website or the Deliverables.
10. LINKING TO OTHER SITES
10.1 Some of the sites listed as links on this Website are not under the control of Aon. Accordingly, Aon makes no representation whatsoever concerning the contents of such sites, their owner or providers. Aon provides these links for your convenience only. Aon has not tested any information, software or products found on such sites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software or products over the internet. You should make sure that you completely understand these risks before retrieving, using, relying upon or purchasing via the internet.
11. LINKING TO THIS WEBSITE
11.1 You are not permitted to link (or encourage any third party to link) any page on a third-party website to any part of this Website including by framing or hypertext link.
12. OUR LIABILITY
12.1 PLEASE READ THE PROVISIONS OF THIS CLAUSE CAREFULLY, AS THEY EXCLUDE OR LIMIT OUR LIABILITY FOR ANY LOSSES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE.
12.2 All representations (whether express or implied) and all other implied conditions, warranties and terms related to or in connection with the use of the website and provision of the Finaccord services are excluded to the extent permitted by law. To the extent permitted by law, we and the other entities within the Aon group of entities worldwide, being Aon PLC, Aon’s ultimate parent company, and all its subsidiaries, related/associated companies, affiliates as well as joint ventures of such subsidiaries, related/associated companies and affiliates (“Aon Group”) will not be responsible or liable for:
12.2.1 any unauthorised access or breach of security to the Website, for whatever reason;
12.2.2 any delay in effecting any transaction attempted to be processed through the Website, for whatever reason;
12.2.3 any failure to effect any transaction attempted to be processed through the Website, for whatever reason;
12.2.4 any error, omission or misrepresentation in relation to the Website or arising from the transmission of any computer virus;
12.2.5 any consequential, incidental, indirect or special damage or loss of any kind;
12.2.6 the failure by you or others to supply appropriate, relevant or timely information;
12.2.7 the default, negligence, or lack of care on the part of any person other than ourselves;
12.2.8 losses or damage caused to you in connection with or resulting from your use, or inability to use this Website;
12.2.9 your use or reliance any content, materials or information posted on, or available through, this Website or on websites linked to this Website; and
12.2.10 in particular, we shall not be liable for:
(a) loss of income or revenue;
(b) loss of profits (whether direct or indirect);
(c) loss of contracts;
(d) loss of anticipated savings;
(e) loss, corruption or misuse of data;
(f) loss or damage caused by unavailability of this Website; and
(g) loss or damage caused by actions taken in response to breaches of our Acceptable Use Policy.
12.3 Our liability (including interest and costs) and the liability of all other entities within the Aon Group in respect of any claim howsoever arising, under or in connection with these Terms, your access to or use of the Website and services provided to you, or our business relationship, shall be limited (to the extent permitted by law) to US$100,000 in the total aggregate or such other amount as may be expressly agreed between us in writing. For the avoidance of doubt, the single total aggregate liability limit of US$100,000 also applies to (a) claims and liabilities asserted by your Related Parties against Aon; and (b) claims and liabilities asserted by your Related Parties against the Aon Group; and (c) claims and liabilities asserted by you against the Aon Group, so that the total of all such claims combined cannot exceed US$100,000.
For the purpose of this clause “Related Parties” mean any entity that is Controlled by, Controlling or in common Control with you and, the term “Control” means the beneficial ownership of more than fifty percent (50%) of the issued share capital or the legal power to direct or cause the direction of the general management of the company, partnership or other entity in question, including the right to appoint or remove the majority of the board of directors and the power to direct or cause the direction of policies of an entity, whether through the ownership of voting shares, by contract or otherwise.
12.4 To the fullest extent permitted by law, where any claim or loss arises partly due to an error or omission by us and partly due to an error or omission by you (including one of your related companies, employees and/or agents) or as a result of your breach of these Terms or your legal obligations, you will indemnify us for all damage and loss arising from the error or omission by you (including your related companies, employees, agents and/or beneficiaries) or as a result of your breach of these Terms or your legal obligations.
12.5 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors nor for fraud or fraudulent misrepresentation nor any duties of liabilities that we owe to you under any relevant legislation or the rules of the Monetary Authority of Singapore.
12.6 Whilst we take reasonable steps to ensure that the content of this Website is accurate, current and complete, this Website and the content and services available via it are provided “as is”. We do not accept liability for the accuracy or completeness of any content. We do not accept liability for any errors or omissions or for the content becoming out of date. We recommend that you confirm the accuracy and completeness of any content before relying on it.
12.7 Although we take all reasonable steps to protect our systems using virus checking software, please note that any content downloaded from this Website, is at your own risk. We do not accept liability for any loss or damage that you suffer as a result of any distributed denial-of-service attacks, computer viruses, Trojan horses, worms, software bombs or other damaging items resulting from your use of this Website. You are responsible for protecting your computer systems from exposure to viruses using anti-virus software, firewalls and any other technical measures necessary.
12.8 We shall not be liable to you or any third party if for any reason this Website, or any part of it, is unavailable at any time or for any period of time.
13. YOUR LIABILITY
13.1 You agree to reimburse us for all reasonable losses, costs, expenses, damages, liabilities, actions or proceedings suffered or incurred by us, any member of the Aon Group, our sub-contractors or any of our service providers arising from any use of this Website by you in breach of these Terms including our Acceptable Use Policy.
14. CONFIDENTIAL INFORMATION
14.1 We will keep all information received from you confidential and use it solely for the purpose of providing services to you. However, our confidentiality obligation does not apply where:
14.1.1 you have given permission for us to disclose the information;
14.1.2 disclosure is required to satisfy legal obligations or regulatory requirements;
14.1.3 disclosure is reasonably required to carry out the services we provide to you;
14.1.4 such information is in the public domain; or
14.1.5 the information is lawfully in our possession at the time it is communicated to us.
15. CLIENT DATA, COLLECTION AND USE
15.1 You warrant and represent that you are duly authorised to upload, submit, transmit or otherwise deal with all content, information and data provided by you and that all such content, information and data provided is true, accurate, current and complete. Without limiting the generality of these foregoing, Aon shall have the continued right to collect, compile, analyse and license data transmitted on this Website.
15.2 Due to the global nature of the services provided by Aon, the personal information you may provide may be transmitted, used, stored and otherwise processed outside the country where you submitted that information.
15.3 Please be reminded that you should not be providing or disclosing any information or documentation in contravention of the Official Secrets Act (Cap. 213, Singapore), the Statutory Bodies and Government Companies (Protection of Secrecy) Act (Cap. 319, Singapore) and/or any other confidentiality obligations which you may be subject to pursuant to any relevant statutes applicable to you (collectively, "Confidentiality Legislation"). You may only communicate or transmit any information or document which is subject to any Confidentiality Legislation to us upon informing us in writing prior to your communication or transmission of such information or document to us and if you are duly authorised to do so. You warrant, represent and undertake that any such communication or transmission is made in compliance with all relevant legal and regulatory requirements. We will not be held responsible for any collection, use or disclosure of any information or documentation deemed to be secret or confidential under any Confidentiality Legislation in the event that any such information or documentation is provided by you to us. If you have any questions about Aon Group’s data processing, please contact us. For information on Aon Group’s use of any personal data, please visit https://www.aon.com/about-aon/privacy.jsp (“Privacy Statement”).
16. EXPORT CONTROLS
16.1 Some software from this Website may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or a national resident of) any country on which the US has placed an embargo; (b) to anyone on the US Treasury Department’s Specially Designated Nationals list or the US Commerce Department’s Table of Denial Orders. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on such list or orders.
17. INTERPRETATION
17.1 References in this Website to “Aon”, “we”, “our” or “us” are references to Aon Global Operations SE Singapore Branch, its parent and affiliates and/or their respective third-party service providers and/or subcontractors. References to “you” and “your” mean each natural or legal person who uses this Website or the services.
17.2 The headings used in these Terms are for convenience only and shall not affect their interpretation.
17.3 In these Terms, unless specified otherwise, use of the singular includes the plural, use of any gender is deemed to include every gender and any reference to a person includes a corporation, a partnership and any other body or entity, and vice versa.
17.4 Use of the words “includes” or “including” or similar words or phrases means without limitation and the use of these or similar words or phrases shall not limit the meaning of the general words.
18. GENERAL
18.1 Each of the provisions of these Terms (or part of any provision) is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect the legality, validity or enforceability of the other provisions of these Terms. The provision itself shall apply with the minimum modification necessary to make it legal, valid and enforceable.
18.2 Failure or delay by us in enforcing these Terms shall not be a waiver of that or any other provision of these Terms.
18.3 None of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act (CAP. 53B) by any third party.
18.4 You may not assign any of your rights or obligations under these Terms.
18.5 These Terms (including for the avoidance of doubt the Privacy Statement) constitute the whole agreement and understanding between you and us in relation to their subject matter and the use of this Website. Except in the case of fraud, all previous agreements, understandings, undertakings, representations, warranties, promises and arrangements between you and us relating to the subject matter of these Terms or your use of this Website are superseded, except as otherwise expressly stated in these Terms.
18.6 We reserve the right at any time and without notice to remove, amend or vary any content on any page of this Website, including these Terms.
18.7 You agree that any notices and other communications may be given by us by e-mail or posted on this Website and this will comply with any legal requirement for such communications to be in writing. You also agree that any notice or other communication made in such manner will be deemed received by you twenty-four (24) hours after e-mail or posting.
19. DISPUTES AND APPLICABLE LAW
19.1 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws Singapore.
19.2 The Singapore courts will have exclusive jurisdiction to hear and determine or otherwise settle any claim, suit, dispute or action arising out of or in connection with these Terms or their subject matter or a visit to this Website or use of the services.
If you have any technical issues when using this Website or any suggestions on how we can improve our service to you, please contact the Web Administrator at [email protected].