Terms & Conditions

By accessing this website, you are deemed to have accepted these terms and conditions, the privacy notice (www.cheongcapital.co/privacy-policy), and any additional terms and conditions, rules, disclaimers and notices displayed by us elsewhere on this website from time to time (hereinafter collectively referred to as the “Terms and Conditions ”). WE RESERVE THE RIGHT TO AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME. The Terms and Conditions shall apply to all visits and use of this website, as well as to the content, information, recommendations, products and/or services provided to you on or through this website. Please read the Terms and Conditions carefully before using this website. If you disagree with any of these Terms and Conditions or any other applicable law or regulation that applies to this website, you must immediately discontinue your access to this website and your use of the services offered on this website.  

1. Notices

1.1 All notices, requests, consents, demands and other communications required or permitted to be given or made under or in connection with these General Terms & Conditions and/or Specific Service Terms & Conditions shall be given or made in writing and sent by:-

  1. hand;
  2. pre-paid registered mail or courier with recorded delivery;
  3. facsimile transmission; or
  4. email,

addressed to the intended recipient Party at its address, facsimile number or email address as may be notified to the other Party in writing from time to time.

2. Confidentiality

2.1 Each Party acknowledges that during the course of the performance of these General Terms & Conditions and/or Specific Service Terms & Conditions, it may have access to Confidential Information of the other Party or one of its affiliates, and the Parties acknowledge that they are in a confidential relationship with the other. Confidential Information shall be used by Receiving Party only in performing or receiving the benefit of these General Terms & Conditions and/or Specific Service Terms & Conditions and may not be used for other purposes, except upon such terms as may be agreed upon in writing by the Disclosing Party. The Receiving Party agrees to maintain the confidentiality of the Confidential Information disclosed to it under these General Terms & Conditions and/or Specific Service Terms & Conditions and to use the same degree of care as it uses with regard to its own Confidential Information of similar importance to prevent the disclosure, publication or unauthorised use of the Confidential Information and in any case, no less than reasonable care. Neither Party may duplicate or copy Confidential Information of the other Party other than to the extent necessary for legitimate business use in connection with these General Terms & Conditions and/or Specific Service Terms & Conditions.

2.2 The Receiving Party shall not be liable for the disclosure or use of Confidential Information if the same:

  1. is in or enters the public domain, other than by breach of these General Terms & Conditions and/ or Specific Service Terms & Conditions; or
  2. is known to the Receiving Party on a non-confidential basis prior to disclosure pursuant to these General Terms & Conditions and/or Specific Service Terms & Conditions; or
  3. is or has been lawfully disclosed to the Receiving Party by a third party without an obligation of confidentiality; or
  4. is required to be disclosed pursuant to any applicable laws, rules or regulations or direction of statutory or regulatory authority or stock exchange or order of a relevant court of law.

2.3 The Customer may, by any form of writing give its consent or authority to Cheong Capital’s collection, use, disclosure and/or retention of Customer Information for any purpose(s) requested by Cheong Capital.

3. Dispute Resolution

3.1 If a dispute arises out of or in connection with these General Terms & Conditions and/or Specific Service Terms & Conditions, either Party may, by notice, require the other Party to seek to resolve the dispute by negotiation in good faith.

3.2 Notwithstanding Clause 3.1, nothing in these General Terms & Conditions and/or Specific Service Terms & Conditions shall prevent a Party, with the consent of the other Party, from attempting to settle any dispute arising out of these General Terms & Conditions and/or Specific Service Terms & Conditions by the following methods:

  1. mediation conducted in private and in accordance with the rules of the Singapore Mediation Centre, with each Party bearing its own costs for participation and halving the costs of engaging the mediator, with any agreement binding the Parties on its terms. Where the parties fail to reach agreement under this Clause, the dispute may be referred to the arbitration process under Clause 12.2(b) below; and/or
  2. arbitration, conducted in private and in accordance with the Arbitration Rules of Singapore International Arbitration Centre (“SIAC”) with each Party bearing its own costs for participation and halving the costs of engaging the arbitrator with any agreement binding the Parties on its terms.

3.3 Where the Parties fail to reach agreement on the appointment of a mediator or arbitrator for the purposes of Clause 3.2, the Parties will agree:

  1. in the case of mediation, to refer the dispute by mutual agreement to arbitration; or
  2. in the case of arbitration, to the arbitrator being appointed by the chairperson of SIAC.

4. Exclusion of Rights of Third Parties

4.1 A person who is not a Party to these General Terms & Conditions and/or Specific Service Terms & Conditions has no rights under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any term of these General Terms & Conditions and/or Specific Service Terms & Conditions.

5. Independent Contractors

5.1 The relationship of the Parties shall be solely that of independent contractors. Nothing in this contract shall be deemed to constitute, create or give effect to or otherwise recognise a joint venture, partnership or formal business entity of any kind, and the rights and obligations of the Parties shall be limited to those expressly set forth herein. Nothing herein contained shall be construed as authorising either Party to act as an agent or representative of the other Party.

6. Entire Agreement

6.1 These General Terms & Conditions and/or the relevant Specific Service Terms & Conditions (as may be amended from time to time) shall constitute the entire understanding between the Parties hereto concerning the provision of the Service and supersedes and replaces any prior agreements and negotiations related to the subject matter herein.

7. Applicable Law and Jurisdiction

7.1 These General Terms & Conditions and/or Specific Service Terms & Conditions shall be subject to and construed in accordance with the laws of the Republic of Singapore.

7.2 For the avoidance of doubt and without prejudice to Clause 7.1 hereof, it is hereby agreed and understood that these General Terms & Conditions and/or Specific Service Terms & Conditions shall, notwithstanding anything contained herein, be subject to the Postal Services Act (Cap. 237A) including any statutory modification or re-enactment thereof and any rules and regulations made there under and any directions whatsoever which the Authority has given or may give to Cheong Capital or under any provisions of any license granted by the Authority, where applicable.

8. Information Security

8.1 We will use our best efforts to ensure that all data handled by this website, including your data and information, login process, and all transactions are subject to security measures as mandated by the relevant authorities and compliance standards such as PCI DSS. However, we do not warrant that the information provided in this website is complete, accurate or error-free.

8.2 You agree to the following:

  1. Not to reveal to anyone your Cheong Capital account username, password and/or any identifier number allocated by Cheong Capital. You agree to be fully responsible for maintaining the confidentiality of such information;
  2. To be fully responsible for all transactions resulting from the use of your Cheong Capital account, Cheong Capital account username, password and/or any identifier number allocated by Cheong Capital;

8.3 To immediately inform us if you suspect that:

  1. your Cheong Capital account, Cheong Capital account username, password and/or any identifier number allocated by Cheong Capital has been compromised in any manner; or
  2. there has been any unauthorized use of your Cheong Capital account, Cheong Capital account username, password and/or any identifier number allocated by Cheong Capital.

8.4 We are authorized to act on all instructions received using your Cheong Capital: account username, password and/or any identifier number allocated by Cheong Capital. We are not obliged to verify the authenticity of such instructions or transactions made using your Cheong Capital account, Cheong Capital account username, password and/or any identifier number allocated by Cheong Capital;

8.5 We retain the right to monitor, screen, censor, or control any activity, content or material appearing on this website, and to investigate any violation or non-compliance with these Terms and Conditions ; and

8.6 We retain the right to do all such acts as may be necessary to ensure the smooth operation of this website and provision of the services offered in this website.

8.7 We shall not be responsible for unauthorized transactions incurred by you arising from or in connection with the misuse or disclosure (as the case may be) of your Cheong Capital account, Cheong Capital account username, password and/or identifier number.

9. Use of this website

9.1 you must not:

  1. attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website;
  2. distribute, modify, copy, publish, transmit, display, sell, license, use, reuse or create derivative works of any of the contents of or material displayed on the website for any public or commercial purpose without our written consent;
  3. access or use this website in any way that could or is intended to damage or impair the website, or any server or network underlying the website, or interfere with anyone else’s use and enjoyment of the website;
  4. use the website to advertise or perform any commercial solicitation unless with specific written consent of Cheong Capital; and/or
  5. upload to your online storage vault (if made available by any of the services offered in this website), any material which is illegal or which could constitute or encourage conduct that would be considered a criminal offence, would violate the rights of any party or which may otherwise give rise to civil liability or violate any law, unlawful, threatening, false, misleading, inflammatory, defamatory, invasive of privacy pornographic, obscene, abusive, discriminating or in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our services or hardware system.

10. Links to the website

10.1 You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website, you do so at your own risk and the exclusions and limitations set out herein will apply to your use of this website by linking to it.

11. Links from this website

11.1 Cheong Capital do not monitor or review the content of other parties’ websites that may be linked from this website. These links take you outside this Cheong Capital website and are beyond Cheong Capital’s control. This includes links to partners that may use any of Cheong Capital’s trademarks as part of a co-branding agreement. The sites you can link to may have their own separate terms and conditions as well as privacy policy. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and Cheong Capital is not responsible and cannot be held liable for the content and activities of these sites.

11.2 Cheong Capital do not represent or intend for such links to be approvals, referrals or endorsements of the sites or the entities operating such sites and we take no responsibility for any dealings with such entities, whether or not such dealings are related to the services. You understand and acknowledge that any access to such sites is at your own risk, we are not responsible for the contents of any site linked from this website and we do not control nor contribute to such sites or the information contained therein. You will not hold us liable for any loss or damage that may occur as a result of any reliance on or use of such information. Please note that these other sites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those websites prior to using them.

12. Delivery & Collection

12.1 The article will be made available for collection at the designated Cheong Capital (as stated in an e-mail or website notification, being the delivery notice “Delivery Notice”, which will be sent by Cheong Capital to the Customer) for a period of five (5) calendar days from the date of the Delivery Notice. If the Customer fails to collect the article within the period stipulated, or such other period as may be stipulated in the Delivery Notice, the article stored for another fourteen (14) working days. Should the Customer fail to collect the article within the said period, Cheong Capital may, at its sole discretion, and without notice and without liability to the Customer or any other party, (i) dispose of the article in any manner Cheong Capital deems fit;. The Customer will be liable for costs incurred in forwarding, disposing of or returning the shipment and charges, including but not limited to storage charges, administrative fees, duties and taxes (if any) for making additional delivery attempts and/or for performing the agreed action to be taken and shall ensure prompt payment of all such fees.

12.2 Cheong Capital reserves the right to review, amend or remove the list of users/agents from time to time and make changes thereof without any or prior notice to Customers and/or any third party.

12.3 The Customer acknowledges and agrees that Cheong Capital shall have the right to shut down the Cheong Capital facilities for any reason including regular maintenance. Cheong Capital shall not be liable for any loss or damage suffered, whether by Customer or any third party, as a result of such closure.

12.5 The Customer acknowledges and agrees that, where applicable, the customs authorities of Singapore or any other country has the right to detain any article for whatsoever reason they deem appropriate, and that Cheong Capital is not liable for any consequences of such delay.

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