Terms of Use - Data Trader

Important Terms

A reference to this “Website” is to https://www.datatrader.biz/ and any pages thereof including but not limited to the information, data, text, images, links, sound, graphics and video sequences displayed therein (“Materials”). A reference to this “App” is to the “Data Trader” app on Google’s Play Store and Apple’s AppStore.

By accessing this Website and App, you signify your acceptance to enter into this agreement of Website and App use with Lokann Pte Ltd (“Lokann”) and be bound by the Website and App use terms and conditions below. If you do not agree to the terms and conditions below, please do not continue to access this Website or any pages thereof or App. Use of this Website and App is limited to adults aged 21 and above.

Lokann reserves the right, at its discretion, to change, modify, add, or remove part or parts of these terms and conditions at any time and any such change, modification, addition or deletion shall be effective upon its posting at this Website or App. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THIS WEBSITE AND APP FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

Operational Provision

Definitions and Interpretation
1. This “Agreement” means these provisions in the Terms of Website and App Use as from time to time amended, modified or varied.
  “Information Providers” means the third parties hosting, managing and/or providing the Materials displayed on or accessible via this Website, App or utilised on the services provided by Lokann.
  “Loss” includes disputes, complaints, demands, suits, actions, claims, losses, damages, fines, penalties, costs (including legal costs on a full indemnity basis), charges and/or expenses of whatsoever nature and howsoever arising whether direct, indirect, consequential, joint, several, actual, contingent or otherwise.
  “Users” means the persons who gain access and view this Website or App and “User” shall mean any one of them.
2. The headings to the clauses hereof are for ease of reference only and shall not be taken into account in the interpretation or construction of this Agreement or any clause(s) hereof. In this Agreement, unless the context otherwise requires, words denoting the singular number only shall include the plural and vice versa, reference to any clause is to a clause of this Agreement, and words denoting any one gender shall include any and all other genders. Any phrase introduced by the terms “including” or “include” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms. The recitals to this Agreement found at the beginning and labelled as “Important Terms” shall be and form an integral part of this Agreement.
Access and Use
1. User undertakes to comply with and not contravene all applicable laws, regulations and directives including, without limitation, the laws of Singapore, relating to the use and access of this Website.
2. User agrees that the Materials appearing on or accessible via this Website are for informational purposes only.
Intellectual Property and Limitations on Use
1. All Materials provided within this Website remains and/or shall be the copyright or intellectual property of either Lokann, its Information Providers or third parties (as the case may be).
2. User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Materials, information, data, software, products or services obtained from this Website.
3. Use of any robot, spider, other automatic device, or manual process to monitor or copy the pages on this Website, App or the Materials by Users is strictly forbidden.
Disclaimer
1. The Materials, information and data made available on or accessible via this Website and App including facts, views, advice, analyses, opinions and recommendations of individuals and organisations are provided and made available for general information purposes only. It is not intended as investment advice and must not be relied upon as such. Lokann and its Information Providers are not giving or purporting to give or representing or holding themselves out as giving financial, investment, tax, legal and other professional advice. User is to use the Materials displayed on or accessible via this Website and App at his own risk. User shall always consider his own financial situation, objectives and needs, conduct his own investigations and analysis and seek the relevant professional advice before otherwise making any financial, legal, investment or commercial decisions.
2. Any facts, views, advice, analyses, opinions and recommendations expressed or made available by any individual or organisation are those of the respective author(s). Lokann cannot and do not endorse, and cannot be responsible for, the messages, views, advice, analyses, opinions and recommendations of its Information Providers, Users and any individuals or organisations. Lokann further cannot and do not advocate any commercial dealings in any securities, investments or classes of securities or investments, nor does the inclusion in this Website or App of a link to other web site(s) or resources imply any form of endorsement by Lokann.
3. While the Materials and information displayed on or accessible via this Website and App have been obtained from external third party sources believed to be reliable, none of the data, news, information, reports or opinions nor any of the recommendations (if any) has been customised for any specific person or class of persons.
4. No such data, news, information, reports or opinions or recommendation provided on or accessible via this Website and App is to be construed as an offer, solicitation or recommendation to any person or class of persons to buy any of the securities or class of securities referred to in this Website and App or to use the services of any advertiser herein. Lokann accepts no liability for any Loss arising out of the use of or reliance on the data, news, information, reports, opinions or recommendations displayed on or accessible via this Website and App.
5. The information and data available on or accessible via this Website and App presented in text, graphics or whatever form, may include inaccuracies or errors and Lokann and its Information Providers reserve the right to periodically make changes to the information or data.
6. While periodically updated data feeds (including stock quotes, currency rates or other price or information feeds (if any)) are generally believed to be timely and accurate, Lokann cannot and do not make any representation or warranty, express or implied, as to its accuracy or completeness.
7. Due to the inherent hazards of electronic distribution, User agrees and accepts that the Website and App may be inaccessible from time to time due to required maintenance, telecommunications or electronic or other systems failures or interruptions (whether of Lokann or any third party) or other disruptions. Lokann shall not be liable to User for any Loss suffered by User as a result thereof.
8. THE MATERIALS INFORMATION AND DATA PRESENTED IN ALL ITS VARIOUS FORMS ON THIS WEBSITE ARE PROVIDED ‘AS IS’.
9. IN SO FAR AS PERMITTED BY APPLICABLE LAW, LOKANN, ITS OFFICERS, EMPLOYEES, INFORMATION PROVIDERS AND AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND OBLIGATIONS OF ANY TYPE, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, CORRECTNESS, COMPLETENESS, NON-INFRINGEMENT OR TITLE, ANY WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY OF CONTINUOUS SERVICES AT ANY PARTICULAR TIME, OR INTEGRITY OF DATA STORED OR TRANSMITTED VIA THIS WEBSITE, ANY REPRESENTATION OF ANY KIND THAT THIS WEBSITE WILL BE ACCESSIBLE TO ANY PARTICULAR STANDARD OR BE FREE FROM ANY BUGS, ERRORS OR REMAIN UNAFFECTED BY COMPUTER VIRUSES OR OTHER SIMILAR FEATURES AFFECTING THE PERFORMANCE OF THIS WEBSITE AND APP, AND FURTHER DISCLAIM ANY AND ALL LIABILITY FOR NEGLIGENCE AND LACK OF REASONABLE CARE.
10. IN SO FAR AS PERMITTED BY APPLICABLE LAW, LOKANN, ITS OFFICERS, EMPLOYEES, INFORMATION PROVIDERS AND AFFILIATES SHALL NOT BE LIABLE FOR:
  1. THE INADVERTENT CORRUPTION, ERASURE OF DATA TRANSMITTED OR RECEIVED OR STORED ON OR ACCESSIBLE VIA THIS WEBSITE AND APP, MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO LOKANN’S RECORDS, THIS WEBSITE OR APP. THIS CLAUSE SHALL APPLY TO ALL CONTENTS DISPLAYED ON OR ACCESSIBLE VIA THIS WEBSITE AND APP; AND/OR
  2. ANY LOSS ARISING OUT OF OR IN CONNECTION WITH ANY MATERIALS DISPLAYED ON OR ACCESSIBLE VIA THIS WEBSITE AND APP.
11. NOTWITHSTANDING ANY OTHER PROVISIONS TO THE CONTRARY, LOKANN SHALL NOT BE LIABLE FOR ALL OR ANY INDIRECT, SPECIAL, INCIDENTAL AND CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE TO EQUIPMENT OR PROPERTY OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USE OR RELIANCE BY ANY USER ON THE MATERIALS INFORMATION AND DATA PROVIDED ON OR ACCESSIBLE VIA THIS WEBSITE AND APP INCLUDING WITHOUT LIMITATION, NEGLIGENCE, DEFAULT OR ANY ACTS OF LOKANN, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES OR INFORMATION PROVIDERS, LOSS OF DATA, INABILITY TO ACCESS THE INTERNET, INABILITY TO TRANSMIT OR RECEIVE INFORMATION CAUSED BY OR RESULTING FROM DELAYS OR INTERRUPTIONS, EVEN IF LOKANN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
1. User shall indemnify Lokann and its Information Providers against all Loss which they may sustain, incur or suffer arising out of or in connection with any breach of this Agreement by User or with protecting or enforcing this Agreement.
Complaints Procedure
1. In the event a User wishes to complain about any aspect of this Website and App, the User should put his complaint in writing. In making such a complaint, the User should set out the facts supporting the complaint and the conclusion he has drawn from those facts. In other words, state what actually has happened and why the User feels that such events warrant a complaint. The User should also include copies of all relevant documents and furnish full personal particulars, including name, address, phone number and e-mail address if the User has these. User’s complaint should be addressed to support@datatrader.biz.
2. Lokann will normally acknowledge receipt of the User’s complaint within three (3) working days of receiving it and Lokann aims to provide a full response within the period stated in the acknowledgement. However, where Lokann needs to ask for further information, it may take longer to respond to the User’s complaint. If, on the other hand, Lokann reasonably anticipates providing a quick full response, Lokann may not send a separate initial acknowledgement. If Lokann is unable to help, Lokann will provide the User with an explanation.
3. Lokann may not be able to help User if User’s complaint is subject to litigation or is pending before the courts.
4. Lokann will also not investigate any complaint which is beyond the scope of this Agreement, including but not limited to any complaint concerning matters that do not relate to Users, the terms of usage of this Website and App, any other matter not touched upon by these terms and conditions or any matter which is properly disposed of by any regulatory or dispute resolution body. In particular, this includes the provision of investment advice, terms of takeover offers, and any complaint the User may have about the commercial management of a quoted company. If Lokann believes that the complaint should be handled by another regulatory or dispute resolution body, Lokann will send it to the appropriate body and let the User know that Lokann is doing so.
5. If Lokann considers that a complaint made by a User is vexatious or frivolous, Lokann will advise that User complainant that no action will be taken. In addition that User shall bear all reasonable incidental expenses incurred by Lokann in the investigation of such complaint.
Copyright Complaints
1. If any User believes that his copyrighted work has been copied and is accessible on this Website or App in a way that constitutes copyright infringement, the User shall provide Lokann the following information by way of written notice :
  1. User’s physical signature or that of the person authorised to act on the User’s behalf.
  2. a description of the copyrighted work that User claims has been infringed and a description of the infringing activity.
  3. identification of the location where the original or an authorised copy of the copyrighted work exists, for example the URL (i.e., web page address) where it is posted or the page of the App in which it has been published.
  4. identification of the URL or other specific location on this Website and App where the material that User claims is infringing is located, including enough information to allow Lokann to locate the material.
  5. User’s full name, address, telephone number, and email address.
  6. a statement by the User that he has a good faith belief that the disputed use is not authorised by him, his agent, or the law.
  7. a statutory declaration made by the User that the above information in User’s written notice is accurate and that User is the copyright owner or authorised to act on the copyright owner’s behalf.
2. Lokann will respond to the User according to its legal obligations under the laws of Singapore. LOKANN EXPECTS ALL USERS TO COMPLY WITH ALL RELEVANT LAWS, AS WELL AS THE TERMS OF THIS AGREEMENT. UPON RECEIVING REASONABLE NOTIFICATION, LOKANN MAY TAKE IMMEDIATE STEPS TO ENSURE THAT THE LAW AND THE TERMS OF THIS AGREEMENT ARE OBSERVED AND COMPLIED WITH INCLUDING THE REMOVAL OR EDITING OF ANY INFORMATION OR MATERIALS MADE AVAILABLE ON OR ACCESSIBLE VIA THIS WEBSITE AND APP, IN LOKANN’S SOLE DISCRETION.
General
1. Severability
  If any provision in this Agreement is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect and the parties to this Agreement shall use their best efforts to negotiate, in good faith, a substitute, valid and enforceable provision or agreement which achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable provision.
2. Agency
  This Agreement creates no agency, partnership, joint venture or employment and neither User, his agents, the Information Provider nor its agents have any authority to bind Lokann in any respect whatsoever.
3. Third Party Rights
  The parties confirm their intent not to confer any rights on any third parties by virtue of this Agreement and accordingly the Singapore Contracts (Rights of Third Parties) Act (Cap 53B) shall not apply to this Agreement.
In-App-Purchase and Subscriptions
The App allows you to subscribe to premium features via in-app-purchase. The price and period of the subscription is provided at the point of purchase. A purchase will be applied to your PlayStore or AppStore account on confirmation or at the end of the free trial. Subscriptions will automatically renew unless canceled according to the terms on PlayStore or AppStore. You can cancel anytime on PlayStore or AppStore.
Governing Law and Jurisdiction
By accessing this Website and App, User agrees that Singapore law, including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Singapore Electronic Transactions Act (Chapter 88), shall govern such access as well as the above terms and User agrees to submit to the non-exclusive jurisdiction of the Singapore courts in respect of any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination.