Acceptance of Terms of Use

 

1. Please read these terms of use (“Terms”) carefully. These Terms govern your access to and use of the products and services of Call Levels Pte. Ltd. and/or any subsidiaries, affiliates or related companies of Call Levels Pte. Ltd. (“Call Levels Pte. Ltd.”, “We”, “Us”, “Our”) including, without limitation, any applications of Call Levels Pte. Ltd. (including the Call Levels application (the “Call Levels App”) and any related services including notifications (collectively, the “Services”) and any information, data, or other content or materials appearing or otherwise made accessible on or through the Services (collectively, the “Content”). By accessing or using our Services or Content, you agree to be bound by these Terms and conclude a legally binding contract with us. If you do not agree to these Terms, please do not download, access or use our Services.

Changes to Terms of Use

 

2. We reserve the right, at our sole discretion, to modify or update these Terms at any time and all changes will become immediately effective upon posting. Your continued access to or use of our Services after such changes have been posted shall bind you to such changes and the amended Terms. It is your sole responsibility to check these Terms regularly for changes. If you do not agree to the amended Terms, please do not continue to access or use our Services.

Registration

 

3. You represent and warrant that if you are registering for the Services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian, and if you are registering for the Services for and on behalf on an entity, that you are authorized to enter into and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.

4. Your access and use of the Services shall be at your own discretion and risk and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined below, including your username and password and all activities in connection with or that occur on or through your Account, as defined below.

Access to Services

 

5. In order to access any Services offered by us, you must register for an account on the Call Levels App (“Account”) subject to the registration criteria herein. Upon registration, you will receive a unique identifier username and a verification email which shall be assigned exclusively to your Account in order for you to access and use such Services, where applicable, and it shall be your sole responsibility for safeguarding and maintaining the confidentiality of your unique identifier username.

6. Call Levels provides real-time market monitoring and mobile notifications on price alerts services offering a selection of over 10,000 financial assets. Certain Call Levels services are provided to you free-of-charge. Other Call Levels services require payment before you can access them. The Call Levels services that may be accessed after payment are currently referred to as “Call Levels Plus” (“Paid Subscriptions”). The Call Levels service that does not require payment is currently referred to as the “Free Service”. You can learn more about our services by visiting our website.

7. Note that Call Levels Plus may be discontinued in the future, in which case you will no longer be charged for the Service.

Codes and other pre-paid offers

 

8. If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of Call Levels for access to Call Levels Plus (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.

 

Trials

 

9. From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Call Levels reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

10. For some Trials, we’ll require you to provide your payment details to start the Trial. At The End Of Such Trials, We May Automatically Start To Charge You For The Applicable Paid Subscription On The First Day Following The End Of The Trial, On A Recurring Monthly Basis. By Providing Your Payment Details In Conjunction With The Trial, You Agree To This Charge Using Such Payment Details. If You Do Not Want This Charge, You Must Cancel The Applicable Paid Subscription Through Your Call Levels Account’S Subscription Page Or Terminate Your Call Levels Account Before The End Of The Trial. If You Do Not Want To Continue To Be Charged On A Recurring Monthly Basis, You Must Cancel The Applicable Paid Subscription Through Your Call Levels Account’s Subscription Page Or Terminate Your Call Levels Account Before The End Of The Recurring Monthly Period. Paid Subscriptions Cannot Be Terminated Before The End Of The Period For Which You Have Already Paid, And Except As Expressly Provided In These Terms, Call Levels Will Not Refund Any Fees That You Have Already Paid. The Limitation Section Sets Forth Additional Terms Regarding Cancellation Of Your Paid Subscription.

 

Payments and cancellations

 

11. Paid Subscriptions can be purchased either by (1) paying a monthly subscription fee; or (2) paying a yearly subscription fee; or (3) pre-payment giving you access to the Call Levels Service for a specific time period (“Pre-Paid Period”). If you have purchased a Paid Subscription using a Code, your Paid Subscription will automatically terminate at the end of the Pre-Paid Period, or when there is an insufficient pre-paid balance to pay for the Service.

12. When you register for a Paid Subscription, Trial, or Code online, you consent to get access to Call Levels Plus immediately.

13. Unless your Paid Subscription has been purchased as a Pre-Paid Period, your payment to Call Levels (or to a third party through whom you purchased the Paid Subscription, such as a telephone company) will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service.

14. Call Levels may change the price for the Paid Subscriptions, Pre-Paid Period (for periods not yet paid for), or Codes from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Call Levels Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Call Levels Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.

 

Term and termination

 

15. The Agreements will continue to apply to you until terminated by either you or Call Levels. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Call Levels may terminate the Agreements or suspend your access to the Call Levels Service at any time, including in the event of your actual or suspected unauthorised use of the Call Levels Service and/or Content, or non-compliance with the Agreements. If you or Call Levels terminate the Agreements, or if Call Levels suspends your access to the Call Levels Service, you agree that Call Levels shall have no liability or responsibility to you and Call Levels will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Call Levels account, please contact us through the Customer Service contact email which is available on our website. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.

16. Sections 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 herein, as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

Intellectual Property and Limitations on Use

 

17. All rights, title and interest in and to the Services, including all Content pursuant to the Services remains and/or shall be the copyright or intellectual property of either Call Levels Pte. Ltd. or third parties providing the data (“Data Providers”) (as the case may be).

18. You may not use the Services, including all Content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our consent.

19. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Service unless with our consent.

20. We hereby grant you a personal, limited, worldwide, royalty-free, non assignable, non-transferable, revocable, non-exclusive license (without the right to sub-licence) to use the Services and Content for the sole purpose of enabling you to use and enjoy the benefit of the Services in a manner prescribed by these Terms. Such license is subject to these Terms and does not include the distribution of any Content, modifying or otherwise making any derivative uses of the Services or the Content (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Services, Content or information contained therein except as expressly permitted on the Services, and any use of the Services or Content other than for their intended purposes.

21. You Agree That, To The Extent Permitted By Applicable Law, Your Sole And Exclusive Remedy For Any Problems Or Dissatisfaction With The Call Levels Service Is To Uninstall Any Call Levels Software And To Stop Using The Call Levels Service. While Call Levels Accepts No Responsibility For Third Party Applications Or The Content Thereof, And While Your Relationship With Such Third Party Applications May Be Governed By Separate Agreements With Such Third Parties, To The Extent Permitted By Applicable Law, Your Sole And Exclusive Remedy, As With Respect To Call Levels, For Any Problems Or Dissatisfaction With Third Party Applications Or The Content Thereof, Is To Uninstall And/Or Stop Using Any Such Third Party Applications.

22. To The Fullest Extent Permitted By Law, In No Event Will Call Levels, Its Officers, Shareholders, Employees, Agents, Directors, Subsidiaries, Affiliates, Successors, Assigns, Suppliers, Or Licensors Be Liable For (1) Any Indirect, Special, Incidental, Punitive, Exemplary, Or Consequential Damages; (2) Any Loss Of Use, Data, Business, Or Profits (Whether Direct Or Indirect), In All Cases Arising Out Of The Use Or Inability To Use The Call Levels Service, Third Party Applications, Or Third Party Application Content, Regardless Of Legal Theory, Without Regard To Whether Call Levels Has Been Warned Of The Possibility Of Those Damages, And Even If A Remedy Fails Of Its Essential Purpose; Or (3) Aggregate Liability For All Claims Relating To The Call Levels Service, Third Party Applications, Or Third Party Application Content More Than The Amounts Paid By You To Call Levels During The Prior Twelve Months In Question, To The Extent Permissible By Applicable Law.

23. Nothing in the Agreements removes or limits Call Levels’ liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.

User Conduct

 

24. You agree not to, and will not assist, encourage, or enable others to:

  1. disrupt, hinder, abuse or interfere with the security and operations of the Services;
  2. transmit through the Services any spam, viruses, bugs or other harmful, disruptive, or destructive files;
  3. attempt to obtain unauthorized access to any part of the Services which is restricted from general access;
  4. use the Services for any purpose that is illegal, unauthorized or beyond the scope of their intended use;
  5. impersonate, bully, stalk or harm any person or entity including the other users of the Services or any of our staff or representatives;
  6. falsely imply that a product or service is associated with us or our Services;
  7. use domain names or web URLs in your username without our prior written permission; and
  8. violate these Terms or any laws, rules and regulations applicable to your access to or use of the Services and the Content.

25. In the event that you violate any of these Terms or otherwise create risk or possible legal exposure for us, we may, at our sole discretion and in addition to our other rights and remedies, terminate your Account with us and stop providing the Services (or any part thereof) to you.

26. You further agree and acknowledge that the Services are always evolving and that the form, nature, features, availability and limits on the use of the Services may change from time to time without prior notice to you.

Privacy

 

27. Any personal information that you provide to us through our Services is subject to our Privacy Policy www.call-levels.com/privacy which is incorporated into these Terms by reference. Our Privacy Policy governs our collection and use of such information in connection with the Services. By accessing and using the Services, you agree to be bound by the terms of our Privacy Policy.

Disclaimer of Warranties and Liability

 

28. The Content made available through the Services are provided and made available for general information purposes only. It is not intended as investment or financial advice and must not be relied upon as such. Call Levels Pte. Ltd. and its Data Providers are not giving or purporting to give or representing or holding ourselves out as giving personalized financial, investment, tax, legal or other professional advice. You shall always seek the relevant professional advice before otherwise making any such financial, legal or commercial decisions.

29. No such Content provided through the Services is to be construed as an offer, solicitation or recommendation to any person or class of person to buy any of the securities or class of securities referred to in the Services. Call Levels Pte. Ltd. accepts no liability for any loss or damage arising out of the use of the Content through the Services.

30. The Content may include inaccuracies or errors and Call Levels Pte. Ltd. and its Data Providers reserve the right to periodically make changes to the information or data provided.

31. While periodically updated data feeds (including stock quotes or other price or information feeds (if any)) are generally believed to be timely and accurate, Call Levels Pte. Ltd. cannot and do not make any representation or warranty as to its accuracy or completeness.

32. The Services and Content are provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, we do not guarantee, represent or warrant and hereby disclaim all representations, warranties and conditions, whether express or implied, as to the quality, accuracy, correctness, reliability, timeliness, non-infringement, safety or security, title, merchantability or fitness for any particular purpose of the Services or Content.

33. Insofar as permitted by law, we disclaim all warranties, representations and obligations of any type, express or implied, including 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 the Services, 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 viruses or other similar features affecting the performance of the Services, and further disclaim any and all liability for negligence and lack of reasonable care.

34. We shall not be liable for any indirect, incidental, special, consequential loss or damage, including but not limited to exemplary or punitive damages, or any loss of business, profits or revenues, whether incurred directly or indirectly, or business interruption, or reputational harm, or any loss of information, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services including any Content; (b) the provision of the Services including any Content; or (c) the conduct, actions or omissions of the users of the Services or any businesses, advertisers or other third parties listed or featured on the Services, even if we have been advised of the possibility of such damages. However, nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our negligence.

35. Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services.

36. You understand and agree that your access to or use of our Services is predicated upon your waiver of any right to sue us directly or to participate in a class action suit or class-wide arbitration for any loss or damage resulting from your access to or use of our Services.

Indemnity

 

37. Without prejudice to any of our other rights and remedies, you agree to indemnify, defend and hold us harmless from and against all losses, damages, claims, charges, expenses and costs (including legal costs on a full indemnity basis) sustained, incurred or suffered by us in relation to or arising out of (a) your access to or use of the Services including any Content; (b) any breach or violation of any of these Terms by you; and/or (c) any infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity.

Termination

 

38. We reserve the right, at our sole discretion and without notice, to forthwith terminate, suspend, ban, block or prevent your access to or use of the Services (or any part thereof) at any time for any reason whatsoever. Such right shall be without prejudice to any of our other rights and remedies.

39. You may terminate your Account and discontinue your access to or use of the Services at any time.

40. All provisions of these Terms which by their nature are intended to survive termination shall remain in full force and effect following the termination of these Terms including, without limitation, the provisions relating to ownership rights, disclaimer of warranties and liability, indemnity, governing law and dispute resolution.

Jurisdictional Matters

 

41. Our Services are owned by us in Singapore or such other jurisdiction where our subsidiaries, affiliates or related companies are incorporated. We make no representation that our Services are appropriate or available for use outside of Singapore or other applicable jurisdiction. If you choose to access or use our Services from any location, to do so shall be at your own risk and you shall be solely responsible for compliance with local and international laws applicable in such location, if and to the extent such laws are applicable. Any access to or use of our Services is prohibited where it is not allowed by law.

42. Our Services are hosted in the United States. You consent to having your personal information, including your User Content, transferred to and processed in the United States or such other jurisdiction where our servers may be located. You also acknowledge that your purchase of and access to and use of the Services and the Content may be subject to local and international laws applicable in the United States or such other jurisdiction where our servers may be located, and it shall be your sole responsibility to ensure that you purchase, access or use the Services and the Content only in compliance with such applicable laws.

General Terms

 

43. In case any provision in these Terms shall be, or at any time shall become invalid, illegal or unenforceable in any respect under any law, such invalidity, illegality or unenforceability shall not in any way affect or impair any other provisions of these Terms.

44. No exercise or failure to exercise or delay in exercising any right, power or remedy vested in us under or pursuant to these Terms shall constitute a waiver by us of that or any other right, power or remedy.

45. These Terms constitute the entire agreement and understanding between you and us in connection with the Services and supersede all prior oral or written communications, representations or agreements between you and us in relation to the subject matter of these Terms.

46. Any third party shall not be entitled to enforce any provisions of these Terms which may confer a benefit on that third party, whether any such entitlement would, but for this provision, arise under the Contracts (Rights of Third Parties) Act (Cap. 53B) or otherwise.

47. These Terms shall be governed by and construed in accordance with the laws of Singapore.

48. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference into these Terms. The Tribunal shall consist of one (1) arbitrator to be appointed by us. The language of the arbitration shall be English.