Terms of Use

Table of Contents

Legal notice

You have reached a webpage of the Bordier & Cie domain for the Bordier & Cie Group entities located worldwide and in particular the webpage of Bordier & Cie (Singapore) Ltd (“Bordier & Cie Singapore”) domain. The various entities of Bordier & Cie have their own separate legal personality and provide their services in their own name and exclusively at their own risk.

Access to this Site is not permitted to any person in any jurisdiction (by way of domicile, residence, nationality, or otherwise) where the publication or availability of the website would result in a violation of any applicable law or regulation. In particular, this website is not intended for residents of the United States. If you are from such a jurisdiction, you are not authorized to proceed and must exit this website immediately. If you are not from such a jurisdiction, you may proceed to the website after reading and agreeing to the following terms and conditions

Country or regulatory requirements may prevent certain visitors from (1) being solicited, (2) offered certain services or financial products and (3) engage in business with certain entities of the Bordier & Cie Group.

This is why you may be redirected in certain cases to specific websites of certain entities of the Bordier & Cie Group. Furthermore, you are strongly recommended to consult the relevant legal notice.

Investment performance

The value of investments and the income from them may go down as well as up and investors may not get back the amount invested. Past performance is not necessarily a guide to future performance. Bordier & Cie is not intending to provide investment or other advice to you or any other party, and no information or material at the site is to be relied upon for the purpose of making or communicating investments or other decision.

This Site may contain links to web sites controlled or offered by third parties (non-affiliates of the Bordier & Cie Group). Bordier & Cie, Singapore. Bordier & Cie Group and its affiliates hereby disclaim liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this web site. By creating a link to a third party web site, Bordier & Cie Singapore, Bordier & Cie Group and its affiliates do not endorse or recommend any products or services offered or information contained at those web sites, nor shall Bordier & Cie Singapore, Bordier & Cie Group or its affiliates be liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of the Bordier & Cie Group and the third party web site may provide less security.

No offer

Neither the information nor any opinion expressed in this website constitutes a solicitation, an offer or a recommendation to buy, sell or dispose of any investment, to engage in any other transaction or to provide any investment advice or service. None of the services, investments or mutual funds referred to in this site is available to persons resident in any country, state or jurisdiction where it would be contradictory to local laws and/or regulations to publicly offer such products.

Prospectuses in respect of such products/services will not be distributed in any country, state or jurisdiction in which it would not be lawful to do so.

Deposits may only be accepted by entities of Bordier & Cie authorized to do so, and shall not be accepted from any investors in any jurisdiction in which such activity would violate local laws or regulations.

The website may contain information on a large number of mutual funds registered and managed in different jurisdictions. You shall be required to inform us about your place of residence before you may access any specific information on such funds. Consequently, your access will be limited to the funds registered for sale in your country of residence.

Local legal restrictions

The Bordier & Cie website is not directed at any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of the Bordier & Cie website is prohibited.

United Kingdom: The material on this website is not directed at UK persons and should not be treated as a solicitation by persons in the UK. Persons dealing with Bordier & Cie entities outside the UK are not covered by the rules and regulations made for the protection of investors in the UK. This means that such persons will not have the benefit of rights designed to protect investors under the Financial Services Authority. In particular such persons will not benefit from the right to claim through the Financial Ombudsman Service for losses resulting from a default of obligations owed under relevant regulations.

United States of America: Bordier & Cie Singapore does not offer any investment services to persons located in the United States.

No reliance and no warranty

The information and materials contained on the Site has been prepared by Bordier & Cie, which has used all reasonable care to ensures that all information, it is including text, graphics, links or other items are provided “as is”, “as available”. Bordier & Cie does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials.

Limitation of liability

Bordier & Cie and its information providers expressly disclaim all liability to any person in respect of anything and in respect of the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents on the Bordier & Cie site. Moreover, Bordier & Cie and its information providers shall have no liability for any losses or damage arising from the use of or reliance on the information contained on the site, including, without limitation, any loss of profit or any other direct or indirect damage.

Nothing contained in the Site shall be construed as constituting specific investment, legal, tax, or other advice. The information or opinions contained therein have no relevance to the specific investment objectives, financial situation, or particular needs of any individual recipient of said information. You are advised to obtain specific, personal, and appropriate professional advice before making any investment decision. The information and opinions contained in the Site are provided for personal and informational purposes only and are subject to change without notice.

The value of investments in any securities, derivative products, shares, or mutual funds may go down as well as up, and, as a result, the investor may not get back the amount originally invested. Past performance is no guarantee of future performance.

To the extent permitted by law, Bordier & Cie shall not be liable, including in the case of negligence, for any loss or damage howsoever caused, including but not limited to any direct, indirect, or consequential loss or damage, arising out of or related to the access to, use of, browsing in, or downloading from the Site or any other site linked thereto.

Bordier & Cie cannot guarantee that the information found on the Site has not been distorted as a result of technical malfunctions (disconnection, interference by third parties, viruses, etc.). In no event will Bordier & Cie be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Bordier & Cie, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

This website allows you to contact Bordier & Cie by e-mail. As such communications use the Internet, a public network over which Bordier & Cie no control, they may be intercepted, altered, or lost. Bordier & Cie disclaims all liability in respect thereof.

Material interests

Bordier & Cie and/or its partners, directors, officers, and employees may have or may have had an interest or positions in, or may, as market makers, trade or have traded in the securities described on the Site. Furthermore, such entities or persons may have or may have had a seat on the boards of the companies issuing such securities.

Copyright and reproduction notice

The entire content of this Bordier & Cie website is subject to copyright with all rights reserved. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose the website without Bordier & Cie’s prior written permission.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of Singapore. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore.

Terms of Use for Bordier Eservices

The Client has elected to access the Account with the Bank by means of the Bank’s Internet solution of secure electronic connection via the Bank’s Website and the Bordier App which allows the Authorised User to view the Account on line on mobile applications, together hereinafter referred to as the “E-services”.

Type of E-services

The E-Services currently provided by the Bank to a Client comprise the following:

(i) Secure access to any Account of the Client via a separate log-in section of the Bank’s Website (“the Web Access Service”);

(ii) Secure access to any Account of the Client via an application installed on a mobile device (“the Mobile Access Service”);

With an E-Service, the Client can, amongst other things, see the current state of those of his Accounts which he has specified that he wishes to access through the E-Service, and obtain information as to his current Investments. He may also use at his own risk certain analytical tools provided by the Bank. While the Bank endeavours to ensure that comparable functionalities are offered through the Web Access Service and through the Mobile Access Service, the Client acknowledges that, due to technical constraints, there may be differences over what he is able to do through the Web Access Service and what he is able to do through the Mobile Access Service.

To use any E-Service, the Client must first register with the Bank by such means as the Bank might specify (which will include identifying the specific Accounts accessible through the E-Service) and abide by this Part Eight to these General Conditions as well as with any other terms specified by the Bank in respect of a particular E-Service. The Client will be deemed to have agreed (without reservation) to these terms herein as well as any other terms specified by the Bank to be applicable to an E-Service, from the time he clicks or taps on any confirmation button or from the time he first uses the E-Service (whichever is earlier).

Without limiting the generality of the foregoing, use of the Mobile Access Service is subject to the mobile device being compliant with specifications determined by the Bank and the Mobile Application End User Licence Agreement (“Mobile App EULA”). The Mobile App EULA will be accessible from within the application after the application is downloaded. Before the Client first uses the application, he must signify his acceptance to the Mobile App EULA. The Bank has the right to update or amend the Mobile App EULA at any time, but will give notice of this to the Client. In such a case, the Client must signify his acceptance of such changes before he can proceed further with the Mobile Access Service.

Access to E-Services

Access to an E-Service is by way of:

(a) a user identification code (“user ID”) to be assigned by the Bank;

(b) a personal identification number (“PIN”), initially to be assigned by the Bank but to be changed by the Client at the first available opportunity to one of the Client’s own choosing, provided that specifications set by the Bank are met); and

(c) a authentication device (“OTP device”) that will generate a one-time password (“OTP”) to be used in conjunction with the user ID and PIN each time access is required.

There shall be only one user ID and PIN in respect of each Client. However, for each Client, the Bank will issue to the Client up to two OTP devices.

It shall be the sole responsibility of the Client to ensure the safekeeping of the user ID, the PIN and all OTP devices issued by the Bank (even if such OTP device may not be physically in the Client’s possession). The Client must notify the Bank as soon as possible if he believes or suspects that his user ID, PIN or any OTP device might be stolen, lost or compromised. Unless notified, the Bank is entitled to assume that any person who uses an E-Service by using the combination of the user ID, the PIN and an OTP generated from an OTP device, is either the Client himself or a person duly authorised by the Client. For the avoidance of doubt, the Client undertakes to the Bank that he will, where necessary, ratify (or adopt as his own) all action taken by a person who accesses an E-Service in accordance with the process specified herein.

The Bank has the discretion to impose on the Client a fee to cover the costs of issuing to the Client additional OTP devices beyond the second.

Disclaimer in respect of Information available from the E-Services.

With the E-Services, the Client is able to gain access to information concerning those of his Accounts which he has chosen to be able to access through an E-Service and of transactions undertaken on such Accounts. The Bank may also make available to the Client various analytical tools, which may be used at the Client’s own risk.

All information provided to the Client through the E-Services (including through analytical tools) remain information that is of a non-personal nature. The Client acknowledges that all such information does not take into account the specific investment objectives, financial situation, or particular needs of the Client.

All information provided to the Client through the E-Services (including through analytical tools) are either provided by the Bank and its Affiliates or obtained from third party sources selected by the Bank and its Affiliates. While all reasonable care is taken to ensure that all information provided are fair, accurate and complete, the Bank and its Affiliates makes no representation or warranty as to the accuracy or completeness of such information or the outcomes generated by the analytical tools. In particular, where stock prices or exchange rates are provided through an E-Service, these are merely indicative and are not binding on the Bank. For technical reasons, there may be a time lag between the time that information such as stock prices and other data are displayed or made known on a relevant market and the time that such information is provided to the Client through the E-Services. The Bank is not liable for any loss or damage suffered by the Client due to or in connection with any such time lag or in connection with the use of the analytical tools.

To the extent that any information provided through the E-Services includes expressions of opinion by the Bank, such opinions only reflect the Bank’s judgement as at the date on which the opinion was expressed, and may be subject to change without notice, particularly as market conditions evolve. Such opinions are not to be construed as a recommendation by the Bank for the Client to enter into any Investment or to dispose or liquidate any Investment. To the extent that any information provided through the E-Services includes expressions of opinion by third parties, the Client acknowledges that the Bank is not responsible or liable for such expressions of opinion and the Bank is not to be regarded as endorsing them.

Consistent with Part I, Section II, Clause 6 of the General Conditions, the Bank is not, by virtue of providing any of the E-Services, to be considered as providing investment advice as a service to the Client, nor acting as an adviser or fiduciary. The Client must not rely on any of the information provided through the E-Services as authoritative or as a substitute for using their own skills and judgment in making any decision. Such information may not have taken into account the specific investment objectives, financial situation and particular needs of the Client. Before making a decision in respect of any Investment, the Client agrees that he would familiarise himself with the nature of the transaction and read all relevant legal or disclosure documentation (including the prospectus or information memorandum). The Client acknowledges that the Bank has no obligation to give advice to the Client and that he is responsible for consulting his own advisers if he requires advice. Accordingly, the Client agrees that the Bank has no liability whatsoever for the consequences of any decision he makes arising from the use of any E-Service.

Access by the Bank’s employees

The Client acknowledges and agrees that the Bank may, by various means (including the use of software modules (commonly known as cookies) and other similar technology tools) access and collect information relating to the Client’s usage of the E-services (which, in the case of the Mobile Access, may extend to information relating to the Client’s general usage of his mobile device), and the Client agrees and authorises the Bank to have such access.

To the extent that any such access as aforesaid involves the collection of personal data governed by the Personal Data Protection Act, the manner in which such personal data is handled will be governed by the Bank’s Privacy Policy.

E-MAILBOX PROVIDED BY THE BANK

Description

Through the E-Services, the Client will have at his disposal a secure electronic mailbox into which he may use to receive routine and non-urgent communications from the Bank as well as to send routine and non-urgent communications to the Bank.

All documents transmitted electronically to this secure electronic mailbox (including but not limited to notices, current account statements, and valuations) shall be deemed to be original documents having the same legal effect as if sent by normal mail. They shall be deemed to have been delivered to the Client once they are received into the electronic mailbox, as determined by the Bank’s records, which the Client accepts to be final and conclusive in the absence of manifest error. Documents will generally be stored in the electronic mailbox for a period of two years from the date of receipt (or such other retention period as the Bank may decide upon). At the end of this retention period, documents that remain unread by the Client may be deleted by the Bank from the mailbox without the Bank coming under any responsibility to the Client.

However, unless and until the Client logs into the E-Service, the Client will receive no notification of any incoming communications arriving into this mailbox. The Bank is also under no duty whatsoever to remind or prompt the Client to periodically check this mailbox. Accordingly, the Client acknowledges that the electronic mailbox is not a suitable medium for him to receive urgent or time-sensitive communications from the Bank.

GENERAL PROVISIONS

Technical Support

To assist the Client with technical issues concerning the E-Services, the Bank will make available to the Client a technical support service between the hours of 9 am and 6 pm on weekdays (other than bank holidays and public holidays).

Risks associated with Access through the Internet Use

The E-services are provided by the Bank over the Internet, whether through the internet browser of a computer or mobile device, or through an application that is downloaded and installed onto a mobile device used by the Client.

The Internet is a public network over which the Bank has no control. The Client acknowledges that the use of the Internet carries various risks for which he agrees to bear full responsibility. These risks may include electronic theft of the Client’s user name and password and also of hacking into any of the Client’s Account, which may lead to unauthorised access to funds and other assets, theft of other information and other losses.

The Client also runs the risk of his computer or mobile device being infected by viruses, spyware and other forms of malicious software, and of third parties surreptitiously gaining unauthorised access to his computer or mobile device (and any information kept therein) through the use of software modules (commonly known as cookies) and other similar technology tools.

The Client also acknowledges that messages which he sends to the Bank by means such as email or text messages are not necessarily safe from hacking or interception, even if these are sent by secure or encrypted means. While the Bank will take all reasonable security measures to guard against such risks, including use of encryption protocols to secure information in its possession and to secure messages sent to it, there can be no certainty that unauthorised hacking or interception can be prevented. The Client also agrees to bear the risk of technical failures arising generally from the use of computers, mobile devices, software applications and other technology tools. Such failures can lead to loss or damage in various forms, both direct and consequential, in respect of which the Bank assumes no liability whatsoever. The Client has the responsibility to take reasonable steps to prevent unauthorised access to his computer or mobile device. User names and PINs should not be divulged to unauthorised persons. These, together with the OTP devices issued by the Bank, must be kept safe and secure at all times and all reasonable measures must be taken to prevent unauthorised access. The Client must regularly change his PIN and must not choose PINs that are easily deduced by others. OTPs generated by an OTP device must not be divulged to anyone. These obligations herein are assumed by and are the responsibility of the Client despite the fact that the Client might choose to allow some other authorised individual to access the E-Services on his behalf. If the Client suspects that his user name, password or security token might have been stolen, lost or in some way compromised, the Client has a duty to inform the Bank immediately.

2.5 To the fullest extent permitted by law, the Bank will not be liable or responsible for any loss or damage that may be suffered by the Client arising from his use of the E-Services, including any loss or damage from system malfunctions, network failures, transmission errors and delays, or the malicious acts of third parties.

Copyright

Unless otherwise mentioned, all information provided through any E-Service is protected by copyright and such copyright may be vested in the Bank, another member of the Bordier Group or other third parties. The Client is granted a limited, non-transferable and non-sublicensable licence to use the Services only for the purposes of accessing information relating to those of his Accounts which he has chosen to be able to access through the E-Service and of transactions undertaken on such Accounts. The Client does not acquire any intellectual property rights by merely using the Web Access Service or by merely downloading and storing software in connection with the Mobile Access Service. The E-Services are for private and personal use only and the provision of the E-Services shall not be construed as a grant to the Client of any wider license or right to use information or content (including text, charts, images, registered trademarks, service marks, and logos) for any other purposes (including any commercial or business purposes). The Client undertakes not to reproduce or distribute any information which he obtains through the E-Services to third parties.

Local Restrictions

Depending on the local regulations and the regulations in force at the domicile of the Client, the Bank reserves the right not to provide certain types of information or tools and may vary the availability of the E-Services or the terms under which an E-Service is provided, without prior notice.

Termination of E-Services

The Client may at any time choose to terminate access to the E-Services by giving written notice to the Bank. Likewise, the Bank may at any time choose to terminate provision of the E-Services to the Client by giving written notice to the Client and to do so without having to give any reasons.

Termination by the Client of the Web Access Service necessarily involves termination of the Mobile Access Service, but the Client may choose to terminate only the Mobile Access Service while retaining the Web Access Service. However, upon termination of the Mobile Access Service, for security reasons, the Client must uninstall or delete the application from all mobile devices used for the Mobile Access Service.

Termination of any E-Service does not necessarily have the effect of terminating any broader contractual relationship between the Bank and the Client, unless the parties otherwise agree. Upon such termination of access or provision of the E-Service, the Bank is entitled to require the Client to return to the Bank all OTP devices, and such other installation kits as the Bank may have previously provided to the Client.

Applicable Law and Place of Jurisdiction

All relations between the parties under this Agreement shall be exclusively governed by and construed in accordance with the laws of the Republic of Singapore.

The parties irrevocably agree that the courts of the Republic of Singapore are to have jurisdiction to settle any dispute which may arise out of or in connection with this Agreement and that accordingly any proceedings arising out of or in connection with this Agreement may be brought in such courts. Nothing contained in this clause shall limit the right of the Bank to take proceedings against the Client in any other court of competent jurisdiction nor shall the taking of any such proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction whether concurrently or not, unless precluded by applicable law. The Client irrevocably waives any objection which he may have now or in the future to the courts of the Republic of Singapore being nominated for the purpose of this Agreement on the grounds of venue or otherwise and agrees not to claim that any such court is not a convenient or appropriate forum.