Terms & Conditions of Use

1. Introduction and Application

1.1 The Platform, which is owned and operated by or on behalf of Doxa Holdings International Pte. Ltd. (Company No. 201903315R) (“Doxa”), and any content displayed or made available therein and any services or functionalities provided in respect thereof or provided therein (all such content, services, functionalities, collectively the “Material”), are provided to you, under the following terms and conditions of use. (“Platform Terms”)

1.2 By accessing and/or using our Platform, you are indicating your agreement to be bound by all terms and conditions of this Platform. If you do not accept all the Platform Terms, you must immediately cease all access and/or use of the Platform and/or Material.

2. Definitions

2.1 Where the context so admits, the words and expressions used in this Platform Terms shall have the following meaning:

“Access Method”
means any user identification, passwords and other security credentials assigned to you and required to access and use the Platform;

“Account”
means any account which we may set up for you and granted to you pursuant to any agreement;

“Applicable Laws”
means all applicable local or foreign laws, rules, acts, regulations, subsidiary legislation notices, notifications, circulars, licence conditions, directions, requests, requirements, guidelines, directives, codes, information papers, practice notes, demands, guidance and/or decisions of any national, state or local government, any agency, exchange, regulatory or self-regulatory body, law enforcement body, court, central bank or tax revenue authority or any other authority whether in Singapore or elsewhere, whether having the force of law or not (including any intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions or otherwise), as may be amended from time to time;

“Business Day”
means a day, other than a Saturday or Sunday or Public Holiday, on which we are open for business (from 9am to 5pm Singapore time), and in the context of Instructions and transactions involving a third-party, a day, other than a Saturday or Sunday, when we and the relevant party in the country concerned are open for business;

“Force Majeure Event”

means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this Platform Terms, including, without limitation: war, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions; terrorist attacks, civil war, civil commotions or riots; acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition; any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalisation or compulsory acquisition or acts claimed to be justified by executive necessity; fire, explosion or accidental damage; collapse of building structures or failure of plant machinery, computers or vehicles; interruption or failure of utility service, including but not limited to electric power, gas, internet or water such as data corruption, blackout, interruption or interception; or any labour disputes, including but not limited to strikes, industrial action or lockouts.

“Instructions”
means any communication, instruction, document, order, message data or information received by us through or pursuant to the Platform or otherwise referable to your Access Methods, and any information delivered to us offline by any methods as we may agree;

“Personal Data”
has the meaning ascribed to it in the Personal Data Protection Act (No. 26 of 2012) of Singapore;

“Platform”
means the online platform (accessible through our website at https://connex.doxa-holdings.com.com or through our mobile application) operated by us;

“Privacy Policy”
means the policy on the privacy and protection of Personal Data adopted by us as made available at https://www.doxa-holdings.com/privacy-policy, as may be supplemented, amended or varied from time to time upon our notification to you and you are deemed to accept and agree to such amendments by your access to the Platform and use of the Service;

“Service”
means any service provided by us through the Platform;

“System”
means the hardware, software and telecommunication links or any part thereof used from time to time for the purpose of providing, supporting, accessing and/or otherwise referable to the Platform;

2.2 The words “we”, “us”, “our” or any of their derivatives refer to Doxa and its successors and any novatee, assignee, transferee or purchaser of Doxa’s rights and/or obligations hereunder and any reference to Doxa includes a reference to such successor, novatee, assignee, transferee or purchaser.

2.3 The words “you”, “your”, “yours” or any of their derivatives refer to the person using or accessing our Platform and shall include, as the context may require, personal representatives (as the case may be).

3. Your Duties and Responsibilities

3.1 Information required. Upon request, you shall provide a valid email address, contact number and a password (or any other information we may request in order to establish the appropriate Access Methods), which are necessary for you to gain access to restricted areas of the Platform.

3.2 Provision of information by you. Any additional information, confirmation or declaration we may require from you each time you access the Platform or when you utilise certain parts or areas of the Platform, and you shall provide such information, confirmation or declaration promptly.

3.3 Accuracy of information. You represent and warrant that each information, confirmation or declaration you provide to us in relation to the use of any function of the Platform is accurate, true and complete, and not misleading in any way. You acknowledge that users of the Platform may rely on your representation herein. For the avoidance of doubt, we are not obliged to check if the information submitted is accurate, true and complete.

3.4 Security measures. Your access and use of the Platform shall be strictly limited to yourself. You agree that:

3.4.1 we may determine the appropriate Access Methods, which may involve a combination of one or more access controls and we shall not be liable for any losses relating to your failure to satisfy the appropriate authentication measures;

3.4.2 you shall be solely responsible for ensuring secure internal and, to the fullest extent possible, external controls on access to and use of the Platform, including but not limited to the security and confidentiality of your Access Methods (such as your password). If your Access Methods are stolen, lost, damaged or compromised, or if you suspect any unauthorised use of your Access Methods, you shall immediately notify us in writing. We shall be entitled to terminate or suspend your Access Methods, provided always that you shall remain responsible for any actions taken through the use of your Access Methods before they are so terminated or suspended; and

3.4.3 you shall be solely responsible for, and be bound by, all acts or omissions of any person using the Platform through your Access Methods. We are under no duty of inquiry regarding the identity, authority or capacity of any such person and are entitled to rely on any Instructions submitted by any person accessing or using the Platform through your Access Methods or through alternative Methods, even if made fraudulently and even if they conflict with the terms of any other Instructions given by you.

3.5 Compliance with Applicable Laws. You shall access and use the Platform in compliance with all Applicable Laws. Without limiting the generality of the foregoing, your use of the Platform shall be subject to such additional restrictions, terms and conditions of use, disclosures or disclaimers that may be communicated to you (whether by written or electronic means) in connection with such use.

3.6 Suspected breach of security. You must notify us immediately if you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorised use of your email address, password or other relevant information.

3.7 Keeping the integrity of the Platform. You shall not introduce into the Platform any content, Material or code which contains any virus, Trojan horse, work, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any System, data or Personal Data. You undertake not to back into, disrupt, disable, burden or otherwise interfere with the accessibility or impair the proper function of the Platform, the services which we may provide to you pursuant to any agreement or the Systems, which shall include, without limitation, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, tampering, reverse engineering or reprogramming.

3.8 Your duties. Any data, information or message transmitted to you through our System, the Platform or otherwise is confidential and intended for the sole use of the intended recipient. If you are not the intended recipient, you should immediately notify us and delete or destroy such data, information or message, including all copies thereof.

3.9 Confidentiality of other information. You must keep confidential, all information about the Platform, our System and any information, data, Material or documents provided to you.

3.10 Information provided by users. You acknowledge that Doxa has no obligation to verify the accuracy of any information provided by the users on the Platform and that Doxa makes no representation as to any information provided by users on the Platform. Users rely on such information at their own risk. You will not hold Doxa responsible for any inaccurate information provided by user.

4. Instructions

You agree to the following:

unless otherwise agreed by us, all Instructions shall be transmitted by you to us through the Platform in the manner as we may specify on the Platform or by notice to you;

we shall be deemed to have properly received Instructions transmitted by you through the Platform only upon such Instruction being received by our System hosting the Platform. For any other Instruction received by us after the close of business on a Business Day or on a non-Business Day, we may, in our sole discretion, treat such Instruction as an Instruction received on the next Business Day;

you are solely responsible for the accuracy and completeness of your Instructions;

we are under no duty of inquiry regarding the identity, authority or capacity of any person from whom we receive Instructions on your behalf, and are entitled to rely on any Instructions submitted by any person accessing or using the Platform through your Access Methods, even if made fraudulently and even if they conflict with the terms of any other Instructions given by you; without prejudice to section 4.1.4 of this Platform Terms, we may at our discretion and without giving any reason, and without any liability to you:

require you to provide alternative proof of identity;

require any Instructions to be confirmed through alternative means;

decline to act or refrain from acting promptly upon any Instructions; and/or

determine the order of priority in effecting any Instructions and other existing arrangements you have made with us.

you will be subscribed to our electronic newsletter which may provide information to you on our products and services available on the Platform as well as any information that we consider may be of interest to you, and we may continue to send this newsletter to you until we are notified of your intention to unsubscribe to the newsletter.

5. Disclaimers and liabilities

The Platform is provided “AS IS” on an “IS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We, our affiliates, and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Platform or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or that the download, installation or use of any Systems or content of the Platform in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform or any transmission error, faulty or unreliable internet connection or website downtime.

Third party sites. The Platform may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Platform. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the Platform, and does not imply our endorsement of the linked website or association with their operators. We disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging Material contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.

Assumption of risks. You acknowledge there are certain security, corruption, transmission error and availability risks associated with using the Platform and agree, to the maximum extent permitted under Applicable Laws, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as the Platform, the unique risks of using the Platform, which include, but are not limited to, the following:

delays in, or inability to, access or use the Platform due to any hardware, software, System or connection failure, error, malfunction, omission, interruption, delay in transmission or computer virus;

loss, or errors in transmission, of data or information that may occur due to any cause whatsoever, including any failure of any of our electrical, electronic, computer, microprocessor, recording or communication System;

the need to conduct maintenance of the Platform System infrastructure from time to time, and any delay, failure, error or omission which may ensue therefrom; and

the failure of any electronic security measures including, without limitation, filters, authentication processes and anti-virus software, whether or not for the protection of the integrity of the Platform, the privacy of your information or otherwise, and you agree that we shall not bear any liability or losses of any kind, and you shall release us from any claim you may have, with respect to or referable to the above risks and any losses arising therefrom, regardless of whether we had been advised, or were aware of the possibility, of such risks. You shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer or Systems, if required.

5.4 You confirm that you will not hold us liable, whether in contract, tort (including negligence) or otherwise for any losses, costs, charges, damages or expenses (“losses”) that you may suffer directly or indirectly and which arise as a result of usage of the Doxa Connex platform and you transmitting data or documentation to other parties through the internet, electronic mail or other electronic media including any losses arising from breaches of security caused by third parties; and you (and your personal representatives) will fully indemnify each of Doxa, its affiliates, and its and its affiliates’ officers, directors, employees, representatives and agents (the “Indemnified Person”) against all claims, reasonable costs and expenses (including legal fees), damages, liabilities and losses which any Indemnified Person may suffer or incur directly or indirectly as a result of, or in connection with, or arising out of our use of the internet or electronic mail as a medium to communicate with you, or to transmit data or documentation from us to you, or in connection with any claim, action, proceeding or investigation arising out of or in connection with such medium of communication (including all costs of enforcement). This indemnity will not extend to any Indemnified Person to the extent that such costs, expenses, damages, liabilities and losses result primarily from the bad faith, wilful default, fraud, negligence of, or breach by, that Indemnified Person.

Exclusion of liability. To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under this Platform Terms, you acknowledge and agree that we, our affiliates and any of our or our affiliates’ service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns) are not liable to, including but not limited to any direct, indirect, consequential, incidental, special or punitive losses suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with:

any unavailability of the Platform and/or your access or use (or inability to access or use) the Platform;

any failure of our System or Platform;

any inaccuracies contained in information relating to the System;

any failure to receive or delay in receiving Instructions because of any failure of your System or other facilities or the telecommunication links used to transmit the Instructions;

any delay where the contents of an Instruction are ambiguous, incomplete or otherwise inaccurate;

any unauthorized use of the Platform or Access Methods;

any breach of security or unauthorized use of, corruption or transmission error associated with, our System or other facilities;

any act or omission of telecommunications carriers, internet service providers or any other service providers;

the exercise of any of our rights under this Platform Terms;

our reliance on such information submitted to us (including any error, omission or delay therein);

any loss of revenue or business opportunities, loss of profit, loss of anticipated savings or business, loss of data, loss of goodwill or loss of value of any equipment including software; or

any event or circumstance beyond our control.5.6Your indemnities to us. To the maximum extent permitted under Applicable Laws and without prejudice to any other rights we may have under this Platform Terms, you shall indemnify, and shall keep indemnified, us, our affiliates and any of our or our affiliates’ service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of services to you, directors, officers, employees, subsidiaries, successors or assigns against any losses, including expenses and legal or other professional fees for disputing or defending any action, claim or proceeding, which we may incur or sustain (directly or indirectly) or which may be made against us in any jurisdiction as a result of or in connection with or arising out of: (i) your use of the Platform or our services, (ii) our operation of the Platform or the provision of our services, save where such losses are directly caused by or our affiliates’ own gross negligence or willful default or that of our or our affiliates’ directors, officers, employees or agents. Without prejudice to the generality of the foregoing, you shall indemnify us for any losses we may incur (directly or indirectly), from:

any breach of, or non-compliance with, this Platform Terms by you;

any unauthorized use by any party of your Access Methods or the Platform or any part thereof;

any failure or malfunction in your System used in connection with the Platform;

any computer viruses or other malicious, destructive or corrupting code, agent, programme, macros or other software routine or hardware components designed to permit unauthorized access which have been introduced by you, which affects or causes the Platform and/or our hardware, software and/or other automated Systems to fail or malfunction;

any information or documents furnished by you to us, which is or proves to have been incorrect, incomplete or misleading in any material respect when provided, or any omission of material facts and information by you which would render any information relied upon by us to be misleading, inaccurate or incomplete;

the exercise of our rights under this Platform Terms;

our acting or relying on the Instructions;

your use or failure to use the Platform; or

Material comprised in the Instructions or otherwise provided by you violating any Applicable Laws or third party rights including intellectual property rights.

You also undertake to procure that, in the event that you transfer all or substantially all of your rights or assets to any other person (whether in the same or any other jurisdiction(s)), to the extent agreed between parties, you shall procure that such person will indemnify and hold us and our directors, officers, employees and agents harmless on the same terms as those set out above.

6. Data and Privacy

6.1 You acknowledge, understand and agree that Doxa may collect, process and share Company Data and Personal Data obtained through your use Doxa Connex with Financial Institution Partners and/or other third-party partners for purpose of product marketing, credit underwriting and other purposes. Where Company Data or Personal Data is shared by us with our partners, Doxa will implement controls to reduce the risk of loss or accidental disclosure.

6.2 Doxa may also generate, use and disclose certain Data for Doxa’s own business purposes, including to develop and improve Doxa products, services, and marketing efforts (such as developing data products and providing aggregate insights to other customers).

7. Termination

7.1 Doxa, in its sole discretion, may, with immediate effect, terminate your right to access and/or use the Platform and/or Material (or any part thereof) and/or invalidate the Platform security credentials for any reason whatsoever, including a breach of any of Platform terms. Upon such termination or invalidation, all rights granted to you under these Platform Terms shall immediately cease and terminate and you shall forthwith cease the use of the Platform and/or Material in any way whatsoever.

8. Survival on termination

8.1 All disclaimers, indemnities and exclusions in this Platform Terms shall survive the termination of this Platform Terms.

9. Amendments

9.1 These Platform Terms may be amended by Doxa from time to time at its discretion.

9.2 Amendments to these Platform Terms shall be published on the Platform and will take effect from the date of the publication or such other date that Doxa may specify.

9.3 Doxa is under no requirement or obligation to notify any person (including you) through any means other than as specified in Clause 9.2 before making any amendment to the Platform Terms. It is the responsibility of each user to regularly check the Platform to be notified of any updates to these Platform Terms.

9.4 If you do not agree to be bound by any amendments to the Platform Terms, you shall immediately cease all access and/or use of the Platform and Material after being notified of such amendments to these Platform Terms, such access and/or use shall constitute an affirmative acknowledgement by you of, and agreement by you to abide and be bound by, these Platform Terms and its amendments.

9.5 Doxa reserves its rights to vary, amend or rescind these Platform Terms under this Clause 9 without the consent of any other person or entity who is not a party to these Platform Terms.

10. Severance

10.1 If any provision of this Platform Terms or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Platform Terms shall continue in full force and effect and the legality, validity and enforceability of the whole of this Platform Terms in any other jurisdiction shall not be affected.

11. Intellectual Property

11.1 The Platform is proprietary to Doxa and must not be used other than strictly in accordance with the terms set out in these Platform Terms. Without prejudice to the foregoing, the rights, interest and title (including copyrights, trademarks, patents as well as any other intellectual property right) in and to the Platform and the Material are owned, licensed to or controlled by Doxa. Doxa reserves the right to enforce its intellectual property rights to the fullest extent of the law.

11.2 You may not under any circumstances, unless otherwise expressly permitted by Doxa or the relevant proprietors:

copy, sell, resell, assign, licence, distribute, transmit, disseminate, publicly display, rent, lease, lend, export, offer on a “pay-per-use” basis, publish, republish, broadcast, circulate, exploit (whether for commercial benefit or otherwise) or otherwise reproduce the Platform, and/or the Material or any part thereof in any form by any means;

adapt, modify, decompile, disassemble, localise, port, reverse engineer, hyperlink, mirror, frame, transfer or transmit in any manner or by any means or store in an information retrieval System or install on any servers, System or equipment, the Platform and/or the Material or any part thereof in any form by any means;

remove, obscure or destroy any copyright, trade secret, proprietary or confidential legends or marking placed upon or contained within the Platform and/or the Material;

reproduce, distribute, republish, display, broadcast, hyperlink, mirror, frame, transfer or transmit any part of the Platform and/or Material in any manner or by any means or store the foregoing in an information retrieval System; or

prepare or develop derivative works based on the Platform and/or the Material.

11.3 The trade marks, service marks, trade names and logos used and displayed on the Platform are registered and unregistered trademarks of Doxa, relevant users or other third parties. Nothing on the Platform and/or the Material shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use (including as a meta tag or as a “hot” link to any other website) any such trade marks, service marks, trade names and/or logos, without the written permission of Doxa or the relevant proprietors.

11.4 Doxa reserves all rights not granted hereunder.

12. Waiver

12.1 No failure or delay to exercise or enforce Doxa’s rights conferred upon it under these Platform Terms shall be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

13. No internet access

13.1 You agree and acknowledge that these Platform Terms, the Platform and the Material do not include the provision of internet access or other telecommunication services by the Platform. Any internet access or telecommunications services (such as mobile data connectivity) required by you to access and use the Platform and/or Material shall be your sole responsibility and shall be separately obtained by you, at your own cost, from the appropriate telecommunications or internet access service provider.

14. Assignment

14.1 You shall not have the right to assign any of such rights, undertakings, agreements, duties, liabilities and/or obligations hereunder, except with our written consent. We may assign or transfer any of our rights hereunder to any party without your consent, but subject to prior notification. For the avoidance of doubt, we shall be permitted to consolidate or amalgamate with, or merge with or into, any other financial institution and any reference in this Platform Terms to Doxa shall be construed as a reference to the successor entity resulting from such consolidation, amalgamation or merger. Your obligations in respect of any Account will not be affected by any takeover, absorption or merger by or of Doxa by, of or with any other financial institution, nor will it be in any way affected by any change in the name or constitution of Doxa or any successor, assignee or transferee.

15. Governing law and jurisdiction

15.This Platform Terms shall be governed by, and construed in accordance with, the laws of Singapore. Any dispute arising out of or in connection with this Platform Terms and/or the documents referred to herein, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the courts of Singapore and both you and we hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the courts of Singapore.