Additions (21 March 2023):
1. Services - Clause (h)
2. Collections & Refunds of Deposits
These Terms and Conditions (“Terms and Conditions”) govern your use as a user (the “User”), with respect to:
(a) your access to and use of the website and all its webpages thereunder which are organised and/or managed by the Investment Management Association of Singapore ("IMAS") (the “Website”); orBy accessing and/or using the Website and the E-Learning Platform, the User agrees to be bound by the Terms and Conditions. If the User does not agree with any of the Terms and Conditions contained within, the User must discontinue using the Website.
Services
Users that register with IMAS to access content or services including but not limited to online training courses (“Registered User”) acknowledge and agree:
(a) that they are solely responsible for the protection and confidentiality of any password or User ID that may be issued to or subscribed for by them from time to time (“User Password”);IMAS reserves the right to, at any time to refuse the supply of or access to the Website or E-Learning Platform or any of the Services to any User or E-Learning Platform to any User; or cancel any User’s account.
IMAS may modify (including change the form or content of, or the method of delivery for) or discontinue the Services or any User’s account, with or without notice, without liability to Users or any other person.
Any decision to modify, discontinue or refuse the supply of or access to the Services in accordance with these Terms and Conditions is at our sole discretion. We accept no liability for any consequences of any such modification, discontinuance or refusal of any of the Services.
Collection & Refund of Deposits
Prior to 10 October 2022, IMAS collected full fees for company-sponsored individuals enrolling for our Core CPD & Financial Training Scheme (FTS) accredited programmes. These individuals must be from Singapore-based Financial Institutions (FIs) regulated by MAS (licensed or exempt from licensing by MAS) or Fintech firms certified by Singapore Fintech Association. Where applicable, the FIs/Fintech will submit their own funding claims for our Financial Training Scheme (FTS) programmes directly to IBF through their IBF portal.
From 10 October 2022 onwards , FIs and Fintechs will no longer be able to submit their own funding claims via the IBF Portal. As such, IMAS will be assisting participants who are eligible for funding with their funding claims. To facilitate this, IMAS will be collecting additional information, including NRIC number and date-of-birth from the participants and an upfront deposit amounting to the funding subsidies.
(a) The deposits collected will be returned to the participant’s designated bank account upon the successful claim of funding subsidies from IBF;General Terms of Trade
The disclaimers, liability limitation and indemnity in these Terms and Conditions apply to all transactions effected through, or as a result of accessing, the Website.
If Users order the Services from IMAS through the Website, the following conditions apply.
(a) A User’s order is an offer to buy the products or the Services and the User will be contractually liable to pay for the products or the Services, which IMAS may accept, in whole or in part.Accessing the Website
IMAS does not guarantee the continuous accessibility or uninterrupted operation of the Website and shall not be held liable, if for any reason, any information is or becomes unavailable at any time or for any period. IMAS does not warrant or represent that any information transmitted via electronic mail or the Website to/from the User will be accurately received or is secure.
Variation
IMAS reserves the right to withdraw or vary any of the Terms and Conditions of the Website and/or any part of or information contained in the Website without any prior notice.
Suitability of materials
The material on the Website and/or hosted on the E-Learning Platform and anything provided as part of the Services is only of general informational value and does not in any way constitute legal or other professional advice or an approval, recommendation, endorsement or sponsorship by us. The information and content of the Website and any content made available via the Services and the E-Learning Platform does not address a User’s particular circumstances and accordingly, Users should not rely upon the content of the Website or the E-Learning Platform or anything presented as part of the Services as a substitute for proper professional advice. IMAS accepts no responsibility for any reliance placed on information or content provided on the Website, the E-Learning Platform or via the Services.
IMAS does not warrant the truthfulness, accuracy, currency, completeness, suitability or reliability of any information contained, linked or referred to in the Website and/or the E-Learning Platform, the content provided as part of the Services, or any other website.
Content of Third Party Websites
IMAS is not responsible for, and does not necessarily endorse, the content of any third party websites which may be linked from the Website out of convenience. Links are provided as a courtesy to you only and in no way should be interpreted as an endorsement or approval of or affiliation with any other website.
Other websites accessed through links on the Websites, or advertisements, their referral buttons or embedded hyperlinks, might contain representations or offers which Users can accept by linking to a relevant website and executing a transaction. These are not representations or offers made by us and the relevant third party is solely responsible to Users for the delivery, condition and suitability of any products or services Users purchase by accessing those websites.
Limitations of Use
The User may not copy, display, distribute, modify, publish, reproduce, transmit and/or otherwise transfer any content obtained from the Website and/or E-Learning Platform for any commercial purpose without IMAS’s prior written consent.
The User may not use the Website and/or the E-Learning Platform for any unlawful purpose or in such manner as prohibited by the Terms and Conditions, particularly:
(a) using the Website and/or E-Learning Platform in any manner that could negatively affect the Website, the E-Learning Platform or the network connected thereto (including but not limited to damaging, impairing, interfering with or overburdening the Website and/or the E-Learning Platform (in whole or in part));Disclaimer and Exclusion of Liability
While IMAS endeavours to use reasonable efforts to ensure accuracy in the information presented on the Website, IMAS hereby disclaims all warranties and representations (express or implied), to the fullest extent permissible under the law, as to the accuracy, availability, completeness, timeliness, veracity and any other aspects of the information contained on the Website. IMAS assumes no responsibility for any content on the Website, which are provided on an “as is” and “as available” basis, and may contain inaccuracies and/or typographical errors. IMAS also does not warrant or represent that the Website will be free from any virus or other malicious, destructive or corrupting code, agent, program or macros.
IMAS and its affiliates hereby excludes their liability, to the fullest extent permissible under the law, for any direct, indirect, special or consequential damage or loss arising from any inability to access the Website, any use of the Website and/or any reliance on the information contained in the Website (including the Terms and Conditions) and any variation thereof, by the User.
In no event will IMAS or our employees, agents, suppliers, or contractors be liable to a User (whether such liability arises in contract, tort (including negligence) or otherwise) for (i) any compensatory, incidental, direct, indirect, special, punitive, exemplary or consequential damages; or (ii) any loss of data, loss of income or profit, loss of or damage to property, loss or denial of service, business interruption (in each case whether direct or indirect), even if we have been advised of the possibility of such damages or losses, arising out of or in any way connected with:
(a) access to or use of the Website, the Services, the E-Learning Platform or any other website;No advice or information, whether oral or written, obtained by any User from us via the Website, or the use of the Services and/or E-Learning Platform shall create any warranty or other obligation not expressly stated in these Terms and Conditions.
As stated above, IMAS is not liable if interference with or damage to a User’s computer or computer systems occurs in connection with use of the Website, the E-Learning Platform or a linked website. Users must take their own precautions to ensure that whatever they access, select or use is free of errors, viruses or anything else (such as “worms”, “Trojan horses” or other deleterious data or programs) that may interfere with or damage the operations of any computer or computer systems.
We do not warrant that the Website, the E-Learning Platform and/or the software, data or files contained in, accessed via or linked or referred to in the Website or the E-Learning Platform are free of viruses (or other deleterious data or programs) or defects or that use of the Website and/or the E-Learning Platform will not cause harm.
Notwithstanding anything to the contrary in these Terms and Conditions, nothing shall exclude or restrict our liability for fraud, fraudulent misrepresentation or for death or personal injury arising from our negligence.
Any communications or transactions with advertisers, merchants, and any other third party (the "Third Parties") found on the Website are solely between the relevant User and the Third Parties. To the fullest extent permitted by law, we will not be responsible or liable for any loss or damage incurred as the result of any such dealings or as a result of the presence of such advertisers and merchants on our Website.
We make no representations or warranties with respect to, and accept no responsibility for, the accuracy, suitability, completeness, content or use of the information accessible from, on or via the Website, the Services, the E-Learning Platform or any other website.
These disclaimers are in addition to and are not restricted or modified by any other warnings, limitations and disclaimers contained in these Terms and Conditions.
Warranties
To the fullest extent permitted by law we exclude, whether express or implied, all warranties (including without limitation any implied warranties of merchantability or fitness for a particular purpose), terms, conditions or representations of any kind.
In the event that any warranty cannot by law be excluded, our liability in any way related to the Website (or any third party website) including the use of the Website or any product or Service accessed, obtained or purchased via or from IMAS or the Website, is limited at our sole discretion to:
Copyright and Intellectual Property Rights
All the content on the Website (including but not limited to text, graphics, photographs, logos, icons, videos and sounds) is copyrighted and may not be used without the prior written permission of IMAS. IMAS does not warrant that the use of information contained in the Website will not infringe the intellectual property or other rights of third parties.Indemnification
The User hereby irrevocably indemnifies, defends and hold harmless IMAS, its affiliates, directors, employees, agents, successors or assigns from and against any and all losses, claims, demands, liability, costs, expenses, actions or threat of action arising from or in connection with the User’s breach of the Terms and Conditions and/or in connection with the User’s use of the Website unless IMAS is liable due to its own wilful default, gross negligence or breach of any laws.Governing Law
The Terms and Conditions are governed by the laws of Singapore. In accepting the Terms and Conditions, the User irrevocably agrees to submit to the non-exclusive jurisdiction of the courts of Singapore.