Terms of Use

Please read these terms and conditions of use (these “Conditions”) carefully. By accessing and using SGX Data Direct – Market Data Administration Platform (“Platform”), you will be conclusively presumed to have notice of, and you acknowledge that you agree to comply with and be bound, by these Conditions, as amended from time to time. These Conditions govern our relationship with you in relation to the Platform. If you disagree with any part of these Conditions, you must immediately discontinue your access or use of the Platform. The term ‘Singapore Exchange Limited’, ‘Singapore Exchange’, ‘SGX’, ‘we’ or ‘us’ refers to Singapore Exchange Limited and its affiliates (where applicable), and the term ‘our’ has a correlative meaning. The term ‘you’ refers to the viewer or user of the Platform and the term ‘your’ has a correlative meaning.

The term ‘Singapore Exchange Limited’, ‘Singapore Exchange’, ‘SGX’, ‘we’ or ‘us’ refers to Singapore Exchange Limited and its affiliates (where applicable), and the term ‘our’ has a correlative meaning. The term ‘you’ refers to the viewer or user of the Platform and the term ‘your’ has a correlative meaning.

Headings are inserted for convenience and shall not affect the interpretation of these Conditions.

Proprietary rights

1. The information and materials located or hosted on, or linked to, the Platform (the “Materials”) are protected by copyright, trademark and other forms of proprietary rights. Such Materials include, but are not limited to, any price information, data, photographs, graphics, illustrations, designs, trademarks, trade names, service marks, product names, logos, insignias or other devices, software programmes, downloadable files, software applications, interactive features, tools, services, articles, videos or other information or content made available on or through the Platform.
2. Unless otherwise stated, the rights, titles and interests to the Materials are owned by, licensed to or controlled by us.
3. You shall not use any of the names, marks, designs and logos owned or controlled by SGX and/or SGX’s affiliates (collectively, “SGX Marks”, including the words “Singapore Exchange”, “SGX”, SGX’s logo and other service marks, trademarks, trade names, slogans, symbols, designs, insignia, emblems and other identifying characteristics associated with SGX and/or its affiliates, whether used alone or in conjunction with any other name, words or marks) without SGX’s prior written consent.
4. Any use and/or reproduction of any SGX Mark shall be in accordance with these Conditions and SGX’s and/or SGX’s affiliates’ relevant branding guidelines. SGX and/or any SGX affiliate may in its sole discretion request you to modify or remove any SGX Mark, including where such use or reproduction may affect SGX’s and/or SGX’s affiliates’ rights. SGX and SGX’s affiliates reserve all rights to take action against any misuse or infringement of any SGX Mark and/or violations of applicable laws. In the event you enter into any definitive agreement with SGX and/or any of SGX’s affiliates relating to any SGX Mark, the terms of such definitive agreement shall prevail in the event of conflict between such definitive agreement and any of these Conditions.
5. All other trademarks, trade names, service marks, product names and logos contained herein that are not owned by, licensed to or controlled by us are used in an editorial fashion only, and to the benefit of respective owners, with no intention of infringement of any trademark or any other intellectual property rights.

Access to the Platform

1. You may access the Platform and may save an electronic copy or print out a copy of the Materials, solely for your internal usage. If you make a copy of the Materials, you must ensure that such copy must be in the form as presented on our Platform and must include all applicable copyright and other notices on our Platform.
2. Except with our prior written permission, you may not copy, store (either in hardcopy or in an electronic retrieval system), adapt, alter, translate, transmit, disseminate, distribute, perform, broadcast, publish, reproduce, publicly display, hyperlink, sell, license, rent, lease or otherwise transfer any of the Materials, or otherwise transfer any of the Materials to any other person (whether for direct commercial purpose or monetary gain or otherwise) or otherwise use in whole or in part in any manner.
3. Except with our prior written permission, you may not create a derivative work from the Materials, nor decompile, reverse-engineer or disassemble the Materials.
4. Any rights relating to the Materials and our Platform not expressly granted herein are reserved and no licence or right is granted to you by implication, estoppel or otherwise.

No unlawful or prohibited use of the Platform

You acknowledge and agree that, as a condition of your access and use of our Platform, you will not use the Materials or our Platform for any purpose that is unlawful or prohibited by these Conditions. You may not use our Platform in any manner that could damage, disable, overburden or impair any SGX server, or the networks connected to any SGX server, or interfere with any other party’s access and use of our Platform. You may not attempt to gain unauthorised access to our Platform, or any services provided via our Platform, other accounts, computer systems or networks connected to any SGX server or to any of the services provided via our Platform, through hacking, password mining or any other means. You may not obtain, or attempt to obtain, any Materials or other information through any means not intentionally made available on or through our Platform.

Limited linking and framing of the Platform

1. Unless otherwise stated, you may not link (including, but not limited to, hyperlink, in-line link or deep-link) (hereinafter collectively referred to as “Link”), mirror or frame our Platform or any part thereof to any other web page, website, server or otherwise. Except with our prior written permission no trademark, trade name, service mark, product name or logo may be used as a Link or to mark any Link to our Platform or any part thereof or any other web page or website.
2. You may not deep-link to our Platform or any part thereof which contains the following Materials: prices, data products, details of license rights, usage reports, market data usage locations and market data agreement documents.
3. You may not deep-link to our Platform or any part thereof which was dynamically created by our system and customised for particular usage session.
4. You may not hyperlink or deep-link to our Platform or any part thereof from any web page or website which contains materials or information which is inappropriate, profane, defamatory, infringing, obscene, indecent, vulgar, harassing, privacy invading, abusive, threatening, harmful, tortious, objectionable, unlawful or violates any applicable intellectual property or proprietary rights.
5. Notwithstanding anything to the contrary in these Conditions, SGX reserves all rights to terminate any Link from any website to our Platform for any reason. Upon our instructions, you must disable, remove and terminate any Link from any web page or website, or any mirroring or framing of our Platform or any part thereof immediately.
6. We have no responsibility for the content available on any website which Links, mirrors or frames our Platform any part thereof. In no circumstances will we be considered to be associated or affiliated in whatever manner with any trademarks, trade names, service marks, logos, insignia or other devices used or appearing on websites that Links, mirrors or frames our Platform or any part thereof.

Links to other websites

1. Any Links provided on our Platform are provided for your convenience only. Should you leave our Platform via such a Link, the content that you view in such linked web page or website owned or operated by third parties is not provided or controlled by us. We have not developed or reviewed, and are not responsible for the consequences of your accessing the linked web page or website, and/or the content at those web pages or websites. We make no guarantee, representation or warranty as to, and have no liability for, any content at those websites, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose or any representations or warranties arising from usage, custom or trade or by operation of law.
2. Any such Link to other linked web pages or websites on our Platform does not constitute (a) an endorsement, authorisation, verification or representation that we are affiliated with the operators or owners of those linked websites; or (b) an endorsement, authorisation, verification, or representation of or as to the contents of such linked websites.
3. You agree that your access to and/or use of such linked web pages or websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein (including without limitation their privacy and data processing policies and practices).

Information about You

Use of Cookies

Our Platform, may contain or use cookies, web beacons, pixel tags or other similar technology (collectively, “Cookies”). Such Cookies enable (i) you to browse our Platform and use certain features; and/or (ii) us or third party companies we work with to measure, research and analyse how our visitors use our Platform, remember our visitors’ online preferences, but do not capture any information that can be used to identify you personally.

Most browsers allow you to (i) adjust or change the settings on your browser so that it deletes the Cookies stored on your device, blocks acceptance of Cookies or notifies you before a Cookie is stored on your device; or (ii) activate a “do-not-track” function. Please refer to the help and support sections on your browser or device for instructions on how to do this. Please note, however, that by blocking, deleting or disabling Cookies or by disabling the tracking function, some features, services, functions or parts of our Platform may not be accessible or available to you or may not function properly. Otherwise, by using our Platform, you consent to the (a) aforesaid collection, monitoring, storage and use of Non-Personal Data; and (b) storing of Cookies on your device and consent to us (or third parties we work with) accessing such Cookies when you visit our Platform in the future.

Identification key and password

1. Our Platform can be used or accessed through an identification key and password.
2. Identification key and/or password may either be assigned to you or selected by you. Where they have been selected or changed by you, we have the discretion to reject any selection or change without assigning any reason. We recommend that you change your passwords often, use a combination of letters and numbers, and ensure that you use a secure browser.
3. You will be solely responsible to keep the identification key and password confidential, secret and secure. You must not disclose it, or allow it to be disclosed, to any other person.
4. If you believe that the security or confidentiality of your identification key or password has been compromised, you have the responsibility to change your identification key or password. You authorize us to accept and act on all documents, instructions and/or transactions made with your identification key and/or password, whether made by you, or with or without your knowledge, authority or consent, or otherwise. You will be liable for any unauthorised use or access of such web pages and/or sections of our Platform with your identification key and/or password. We are not liable for any damages resulting from any security breaches, unauthorised and/or fraudulent use or access of such web pages and/or sections of our Platform with your identification key and/or password.

Disclaimers and exclusion of liability

1. The Materials are of a general nature which have not been verified, considered or assessed by us and are provided to you on an “as is” and “as available” basis without warranties of any kind. Your use of the Materials is at your own risk. We hereby disclaim all liability and responsibility to update the Materials. We do not make any representations, and hereby disclaim all warranties, express or implied, statutory or otherwise to the extent permitted by law, in respect of our Platform or the Materials, including, but not limited to, guarantees, representations and warranties regarding truth, adequacy, originality, accuracy, timeliness, completeness, reasonableness, non-infringement, suitability, satisfactory quality, merchantability or fitness for any particular purpose, or any representations or warranties arising from usage, custom or trade or by operation of law.
2. Due to the inherent defects of electronic distribution, there may be errors, delays, omissions, interruption, breach of security, corruption, unavailability of access in connection with or inaccuracies in the Materials or our Platform (“Defects”). We do not guarantee, represent or warrant that access and use of our Platform will be uninterrupted. We assume no responsibility for consequences of any such Defects even if either of us had been advised as to the possibility.
3. We do not guarantee, represent or warrant that our Platform is free of malicious software, including, but not limited to, viruses, computer worms, Trojan horses, spyware or other harmful components (“Malicious Software”). We accept no liability for any loss, damage, claim liability, expense or costs that may result from any transmission of such Malicious Software via our Platform (including, but not limited to, files downloaded from our Platform).
4. We will not be liable to you or anyone for any loss, damage, claim, liability, expense or costs, whether in contract, tort (including negligence) or otherwise, arising out of or in relation to:
   • anything done or omitted to be done in relation to the Materials or any delay, inaccuracies or omissions in the Materials or any interruption to the supply of Materials;
   • the use of the Materials; or
   • the use or access of our Platform.
5. We will not be liable for any direct, indirect, consequential, incidental, special or punitive loss, damage, claim, or liability including, but not limited to, loss of data, profits, business contracts or business opportunities, whether in contract, tort (including negligence) or otherwise.
6. You hereby agree to indemnify and hold us harmless against all loss, damage, claim, liability, expense or costs suffered or incurred by you in connection with or arising from:
   • your access and/or use of our Platform;
   • any other party's access of this Platform and/or use of the online services using your username and/or login password;
   • your breach of any of these Conditions; and/or
   • any other party's breach of any of these Conditions where such party was able to access and/or our Platform and/ by using your identification key and/or your password.

No investment recommendation or advice

1. The Materials are not intended for distribution to or for use by or to be acted on by any person or entity located in any jurisdiction where such distribution, use or action would be contrary to applicable laws or regulations or would subject us to any registration or licensing requirement.
2. The availability of any Materials on, or the grant of access or use of, our Platform should not be taken in any way as an inducement to trade or a solicitation for orders or entry into any legal relations, nor taken as intended in any way to prompt any action or decision on your part whether to undertake or consider undertaking any investment decision or otherwise.
3. The Materials are not an offer or solicitation to buy or sell, nor financial advice or recommendation for any investment product. Any Materials relating to investment products are and should be taken as prepared for general circulation only. It does not address the specific investment objectives, financial situation or particular needs of any person. Advice should be sought from a financial adviser regarding the suitability of any investment product before investing or adopting any investment strategies. Investment products are subject to significant investment risks, including the possible loss of the principal amount invested. Past performance of investment products is not indicative of their future performance.

Violations of these Conditions

We reserve the right, in our absolute discretion, to monitor any and all access and use of our Platform. We reserve our right to terminate your access and/or use of our Platform or any part thereof and we may block access from a particular internet protocol address to our Platform or any part thereof in the event of any violation of these Conditions. In addition, we reserve the right to seek all remedies available under these Conditions, at law and in equity for violations of these Conditions. These may include, without limitation, take-down requests to online locations, network service providers, search engines and/or app stores and/or notification to domain registration service providers.

Changes to these Conditions

We may, from time to time and at any time, update or revise these Conditions. Such update or revision is effective upon publication on our Platform. You are responsible for ensuring that you have read the most current version of these Conditions. Your continued access and/or use of our Platform will be deemed to constitute your conclusive acceptance of the updated or revised Conditions. The Materials are subject to change including, without limitation, modification, deletion or replacement thereof without notice.

Severability

If any provision of these Conditions, in whole or in part, is held to be illegal, invalid or unenforceable under any enactment or rule of law or by any court in any jurisdiction: (i) such provision or part will, to that extent, be deemed not to form part of these Conditions, but the legality, validity and enforceability of the remainder of these Conditions is not affected; and (ii) the legality, validity and enforceability of that or any other provision or part under any other jurisdiction will not be affected.

Governing law and jurisdiction

These Conditions shall be governed by, and construed in accordance with, the laws of Singapore. You agree to submit to the non-exclusive jurisdiction of the Singapore courts.