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1 Terms of Use Access to this website is granted by Validus Capital Pte. Ltd. ( Validus, we, our or us ) subject to these Terms of Use and our Privacy Policy. Please read these Terms of Use carefully. By accessing this website (including our platform), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not accept any of these Terms of Use and/or Privacy Policy, please discontinue your access to this website immediately. We may make changes to these Terms of Use and/or the Privacy Policy from time to time and post a revised version on this website, which shall be effective immediately upon such posting. We are under no obligation to separately inform you of any such revision. Your continued access of this website after the revised Terms of Use or Privacy Policy have taken effect will constitute your unconditional acceptance of such revised Terms of Use or Privacy Policy. Please note that while the website is open for public access, the services provided by us through the platform accessible on this website will only be available to registered users of this website. 1. All access to and use of this website (including any submission, posting or any other form of transmission activity) shall be governed by these Terms of Use. Accessing this website from territories where its contents are deemed illegal or unlawful is prohibited. If you choose to access this website from elsewhere other than Singapore, you do so of your own volition and are responsible for compliance with local laws in the territory of access. 2. This website and its contents, including but not limited to services, products, information, data, text, graphics, audio, video, links (third party or otherwise), advertisements or other items ( Content ) is provided "as is" and on an "as available" basis. Validus gives no representation, warranty or undertaking (as the case may be), express or implied, to anyone of any kind, including: (a) (b) (c) (d) (e) (f) (g) the availability of this website and the platform for any viewing, transaction or account management purposes and that there will be no interruption or error in any of this website s feature or function; in relation to any title in connection with this website and its Content, or any noninfringement of third party rights; that this website or the servers that make it available will be free of viruses, malware or other harmful components or other malicious, destructive or corrupting code, agent program or macros; that this website will be compatible with all software and hardware or that it will be secure; that this website is of satisfactory fitness or quality for any general or particular purpose; that the information on this website is complete, true, accurate, non-misleading, reliable or valid; that any defects and/or errors on this website will be corrected immediately or promptly;
2 (h) (i) in relation to the credit worthiness, business or financial situation of any person; or in respect of any content, service, product, material or information contained in any third party link or website. 3. Under no circumstances will Validus (or our employees, agents, directors or shareholders) be liable for any Content on this website, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of this website or any Content. 4. Validus neither assumes nor accepts liability for any loss or damage, (whether direct or indirect), howsoever caused, as a result of or arising from your use or inability to use or access of this website and/or any Content. 5. Validus reserves all rights to modify the Content, features and functionality of this website, to shut down this website and to deny or restrict access to this website to any particular person, or to block access from a particular internet address to this website, at any time and without any prior notice, without ascribing any reasons whatsoever. 6. The names, images and logos ("Marks") identifying Validus or third parties and their products and services are subject to copyright, design rights and trademarks respectively, of Validus and/or third parties, and all rights to the Marks are expressly reserved by Validus or the relevant third parties. You shall have no right or licence to download, reproduce or use any such Marks or the name of Validus whether for use as a link to any website or otherwise, except with the prior approval of Validus or the relevant third parties. 7. This website may contain links to other websites and online resources which are not maintained or operated by Validus. The use of such third party websites and resources is at your own risk. Validus is not responsible for and does not endorse the availability or contents of such third party websites or resources and does not constitute or imply any sponsorship, recommendation or any other relationship between Validus and such third party. Validus shall not be liable for any damages or loss (including any computer viruses, trojan horses, worms or similar items or processes), arising from the availability of contents of those third party websites or resources. 8. Any personal data submitted to Validus whether through this website or otherwise is dealt with according to the Privacy Policy. 9. If you provide or have provided any information (including personal data) relating to another person, you warrant and represent to Validus that that you have obtained that person s consent for the collection, use and disclosure of their information as set out in these Terms of Use and the Privacy Policy. 10. To the maximum extent permitted by law, Validus hereby expressly excludes all conditions, warranties and other terms that might otherwise be implied by law into these Terms of Use. 11. Without prejudice to any other limitation of liability by Validus provided herein, each of Validus, and all of its subsidiaries, affiliated companies, directors, officers, agents, partners and employees shall not be liable to any person, including, but not limited to, any users of this website, for any direct, indirect, punitive, incidental, special, consequential damages, losses, expenses, liabilities under any causes of action or any
3 damages whatsoever, including, without limitation, damages for loss of use or data, loss of opportunity, loss of goodwill, loss of profits (whether, but not limited to, revenue or anticipated profits) or losses to third parties, arising out of or in any way connected with any use of, inability to use or reliance on any information provided on, this website, whether based on contract, tort, strict liability or otherwise, even if Validus or its agents or employees had been advised of the possibility of such damages or losses. 12. Without prejudice to the other provisions herein, you hereby undertake to indemnify and keep each of Validus, and all of its subsidiaries, affiliated companies, directors, officers, agents, partners and employees indemnified at all times from and against all actions, proceedings, costs, claims, expenses (including all legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever and howsoever arising, including without limitation claims made by third parties, regulatory penalties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers, unauthorised or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses which they may sustain, incur, suffer or pay arising out of, in connection with or pursuant to the access to and/or the use of this website by you, whether or not such access or use was authorised or whether it was due to any act or omission on its part, the breach of these Terms of Use by you, the violation by you of any rights of another person or entity or the breach by you of any statutory requirement, duty or law. 13. By accessing this website, you agree that you will not: (a) (b) (c) (d) (e) (f) (g) use this website in any way which is unlawful, illegal, fraudulent, threatening, harassing, vulgar, obscene, abusive or harmful, or otherwise objectionable, or in connection with any such purpose or activity; use this website to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others or Validus, including without limitation others' privacy rights or rights of publicity; impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with this website or express or imply that Validus endorses any statement you make; interfere with or disrupt the operation of this website or the servers or networks used to make this website available or violate any requirements, procedures, policies or regulations of such networks; transmit or otherwise make available in connection with this website any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment; remove any copyright, trade mark or other proprietary rights notice from this website; use any information found on this website to canvass or solicit any person or entice any person away from the employment of, investment with, seeking funding from or any other commercial relationship with Validus or this website; or
4 (h) insert a hyperlink to this website or any part thereof or mirror any Content on any other server, website or web page. 14. Notwithstanding anything in this website, your eligibility for any product or service on this website is subject to acceptance by Validus. 15. If any provision of these Terms of Use 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. 16. A person not a party to any transaction between you and Validus has no right under these Terms of Use under the Contract (Rights of Third Parties) Act of Singapore. 17. These Terms of Use are governed by the laws of Singapore and you irrevocably submit to the exclusive jurisdiction of the courts of Singapore in order to settle or resolve any dispute which may arise out of or in connection with these Terms of Use. In connection therewith, you irrevocably waive, to the fullest extent permitted by law, any objection that any of them may now or hereafter have to the laying by Validus of the venue of any such dispute in any such court or that any such dispute brought in any such court has been brought in an inconvenient forum. This website shall not be shown, re-transmitted, re-distributed, disclosed or copied, or relied upon, in whole or in part, by any person for whatever purpose without the prior consent of Validus. This website may refer to certain features of an investment/financing but does not purport to contain a complete description of all material terms or of the terms which may differ from those summarised in this website. Accordingly, this website and the Content is qualified in its entirety by the more detailed documentation relating to the investment/financing. Information in this website is based upon certain assumptions and analysis of information available as at the date of the Content uploading and reflects prevailing conditions and Validus s views as of such date, all of which are subject to change at any time without notice. Although reasonable care has been taken to ensure the accuracy of information contained in this website, Validus makes no representation or warranty of any kind, express, implied or statutory, and shall not be responsible or liable for the accuracy or completeness of the information. This website has not been registered with any regulatory authority. Returns on any investment are not guaranteed including the possible loss of the entire principal amount invested. Any grant of financing remains subject to Validus internal approval and legal documentation. Please note that the graphs, charts, formulae or other devices set out or referred to in this website cannot, in and of themselves, be used to determine and will not assist any person in deciding whether and/or when to make an investment or procure a financing. Investors should note that the past performance of any investment, company, entity or Validus mentioned in this website, and any prediction, projection or forecast on the economy, stock market, bond market or the economic trends of the markets is not necessarily indicative of the future or likely performance of any investment, company, entity or Validus or the economy, stock market, bond market or economic trends of the markets. Nothing in this website shall constitute a representation or give rise to any implication that there has not been or that there will not be any change affecting the investment/financing. Employees of Validus shall not be held liable for any decision or action taken based on the views expressed or information contained in this website.
5 Investors should consider carefully the risks of investing and may wish to seek advice from a financial adviser before making a commitment to invest. Should you choose not to seek advice from a financial adviser, you should consider carefully whether the investment is suitable for you. Similarly, companies seeking financing should seek advice and carefully consider if the financing is suitable for you. This website and its Content are strictly for general information only and does not constitute, and shall not be deemed to constitute, an offer, solicitation, advice or recommendation to buy or sell any investment or invest in any company, or to grant or procure any financing. This website should not be construed as accounting, legal, regulatory, tax, financial or other advice. Investments are not obligations of, deposits in, or guaranteed or insured by Validus, or any of its subsidiary, associate, affiliate or distributors.
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