Terms of Service

Please read the following terms and conditions of service ("TOS") carefully before using this website. Hmmm Pte. Ltd. ("Hmmm") reserves the right to amend, remove or add to the TOS at any time and any modifications will be effective immediately. Accordingly, please review the TOS on a regular basis when accessing, linking to, or using this website. By continuing to access, link to, or use this website or any service on this website, you signify your acceptance of the TOS and any amendments to it. If at any time you do not accept the TOS, you may not access, link to, or use this website. Any terms and conditions proposed by you which are in addition to or in conflict with the TOS are expressly rejected by Hmmm and shall have no effect.

Terms of Service
1 GENERAL TERMS
1.1 You represent that you have read and agree to be bound by the TOS.
1.2 The TOS is effective so long as you access, link to, or use this website or any content provided by Hmmm.
1.3 You represent, warrant and covenant that
(a) You have the power and authority to enter into this agreement; and
(b) You are at least 18 years old.
2 THE SERVICE
2.1 Upon confirmation by Hmmm of your subscription (the "Commencement Date"), Hmmm shall deliver by email to you a regular newsletter entitled "Things That Make You Go Hmmm..." (the "Newsletter") in PDF format, and shall provide you with access to previous copies of the Newsletter on this website (the "Service")
2.2 In consideration for the performance of the Service, you will pay to Hmmm an annual subscription fee as agreed with Hmmm (the "Subscription Fee"). Hmmm shall deliver to you by email an invoice for the Subscription Fee with payment instructions.
2.3 Hmmm shall provide the Service for an initial period of 1 year (the "Service Period"), to be automatically renewed for further 1 year periods on each anniversary of the Commencement Date thereafter unless terminated in accordance with the TOS.
2.4 Throughout the Service Period, the Subscription Fee shall be due on each anniversary of the due date for payment as stated in the invoice sent to you by Hmmm pursuant to Clause 2.2 above.
2.5 Throughout the Service Period, the Newsletter shall be delivered a minimum of 22 times.
2.6 Hmmm has the discretion to inform you of any periods of time during the Service Period, not exceeding 28 days, when it will not be able to provide the Service.
3 REGISTRATION AND ACCOUNT CREATION
3.1 As part of the registration and account creation process necessary to obtain access to the Service, Hmmm shall issue to you a username and a password. You shall provide Hmmm with certain registration information, all of which must be accurate, truthful, and updated.
3.2 Hmmm reserves the right to deny creation of your account based on Hmmm's inability to verify the authenticity of your registration information.
3.3 You shall be solely responsible for maintaining the confidentiality of your password.
3.4 You shall immediately notify Hmmm in writing in accordance with Clause 13 below of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information.
4 ACCOUNT USAGE
4.1 You are fully responsible for all usage and activity on your account. The use of your account by any individual other than yourself is strictly prohibited.
4.2 If the computer system on which you accessed the Service is sold or transferred to another party, you warrant and represent that you shall delete all cookies and software files obtained by or through use of the Service.
5 TERMINATION
5.1 This Agreement will be effective from the date of subscription and will continue for the Service Period, unless otherwise terminated in accordance with this Clause.
5.2 Hmmm reserves the right to terminate the Service and your account, in its sole discretion, at any time without notice.
5.3 In the event Hmmm exercises its right of termination under Clause 5.2 above, upon your written request to Hmmm in accordance with Clause 13 below, you will be entitled to a pro-rated refund of the amount paid in proportion to the months remaining to the end of the Service Period.
5.4 You may also terminate the Service and your account at any time by giving written notice to Hmmm in accordance with Clause 13 below. Upon termination, you will receive an automated confirmation via email that the request was received, and your account shall be terminated within 5 business days.
5.5 Either of you or Hmmm may, upon giving 30 days prior written notice identifying specifically the basis for such notice, terminate this agreement, the Service and your account if the other Party is in material breach of its obligations under this Agreement and does not remedy such breach within the 30 day notice period.
5.6 Termination of the Service shall not affect any rights or obligations which may have accrued prior to termination, and shall not affect the continuing obligations of either you or Hmmm  such as, but not limited to, the provisions on intellectual property rights, confidentiality, warranty and other clauses that, by their nature, have continuous effect and will survive termination of the Service.
6 CONFIDENTIAL INFORMATION
You shall not disclose, divulge or communicate to any person or entity or otherwise make use of any information relating to the business of Hmmm which was disclosed to you or came within your knowledge in connection with the provision of the Service (“Confidential Information”).
7 DATA PROTECTION
7.1 Hmmm shall keep and use any personal data collected from the Users through this website or otherwise (“Personal Data”), to provide them with access to this website. In addition, Hmmm shall keep and use such personal information:
(a) to respond to your requests;
(b) to personalise your access to this website;
(c) to develop records, including records of Personal Data;
(d) for analytical purposes and to research, develop and improve products, services and content;
(e) to enforce the terms of the TOS and other rules governing the use of this website;
(f) to protect Hmmm’s rights or property;
(g) protect the health, safety or welfare of others; and
(h) to comply with any applicable laws, regulations, court orders or other legal processes.
7.2 You also acknowledge and accept that Hmmm may also contact you with information that may be of interest to you, including information about new publications, reports, products and services of Hmmm.
7.3 Hmmm shall not share the Personal Data with unrelated third parties without your prior written consent, except as otherwise provided in the TOS.
7.4 Hmmm shall not sell, exchange or publish the Personal Data, except in conjunction with a corporate sale, merger, dissolution or acquisition.
7.5 Hmmm shall take reasonable steps to protect the Personal Data from loss, misuse, authorised access, disclosure, alteration or destruction and generally shall comply with all applicable laws in Singapore relating to the protection of personal data.
7.6 You may request access to or the correction of your Personal Data by way of written notice to the addresses as specified in Clause 13.
8 INTELLECTUAL PROPERTY RIGHTS
8.1 All intellectual property rights in the content and design of this website, the Newsletter and any publications or materials emailed or supplied to you in conjunction with the Service are the sole property of Hmmm  save where such intellectual property rights are the property of any third parties or the content refers to material which is freely and publicly available.
8.2 No parts of any of this website, the Newsletter, or any other publications or materials of Hmmm may be reproduced, stored in or introduced into any retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior written permission of Hmmm.
8.3 You agree not to forward, distribute, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of this website or the Newsletter, access to the Service, publications, materials, reports, e-newsletters, write-ups or any other content provided by Hmmm.
8.4 You may not display any portion of this website, the Newsletter or any other content provided by Hmmm on a public bulletin board, FTP site, website, chat room or by any other unauthorised means. Written materials provided in printed or electronic form may not be modified, adapted, translated, or used to create derivative works without the prior written consent of Hmmm.
8.5 You may email, download, or print copies of the materials on this website or in the Newsletter only for your personal, non-commercial use provided all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page, are included and remain intact.
8.6 Any consent of Hmmm expressed to be required by this Clause shall not be unreasonably withheld.
8.7 All rights of Hmmm not expressly granted are hereby reserved.
8.8 Any breach of this Clause shall be a material breach of the TOS and allows Hmmm to terminate your account.
9 LINKING AND FRAMING
9.1 You may not link to or frame this web site, or any portion thereof, except as provided below.
9.2 Upon linking to this website pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the Hmmm mark owned by Hmmm solely for providing an underlined, textual link from your website to this website. No other use of Hmmm's marks, names or logos is permitted without express written permission from Hmmm.
9.3 Without limiting other provisions of the TOS, you may include a link(s) on your website to this website’s publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link to this website any website containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
9.4 Hmmm is concerned about the integrity of this website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Hmmm is concerned with activities such as bringing up or presenting content of this website within another website ("framing"). In this regard, without limiting the provisions contained in the TOS, you may not frame any Web page from Hmmm  except with our express written permission. Further, you may not archive, cache, or mirror any Web page or portions of a Web page on this website. If you would like to use, reprint, frame, or redistribute any of this website’s content other than as permitted herein, you must in writing request permission from Hmmm in accordance with Clause 13 below. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.
10 NO INVESTMENT ADVICE
10.1 No content provided by Hmmm as part of the Service, whether contained in the Newsletter, this website or otherwise:
(a) is providing investment, tax or legal advice, including but not limited to any advice which is listed as a regulated activity by the Monetary Authority of Singapore; or
(b) should be used or regarded as an offer or solicitation of an offer from Hmmm to buy or sell securities.
10.2 You acknowledge that neither Hmmm nor Hmmm staff will give investment advice as part of the Service and agree that it will not ask Hmmm or Hmmm staff to do so.
10.3 The Newsletter, this website and any other content provided by Hmmm merely provide generic factual market information and do not constitute recommendations or investment advice on any specific securities or financial products.
11 WARRANTY, LIABILITY AND INDEMNITY
11.1 The Service is not provided in real time and Hmmm makes no representations or warranties whether express or implied as to the Service, this website or the Newsletter or their content, or with respect to any information, services or products provided through or in connection with the Service, and Hmmm does not adopt any representation or warranty of any manufacturer or merchant of any such information, service or products.
11.2 To the fullest extent permissible by law, Hmmm is not subject to any implied conditions, warranties or other terms, including but not limited to conditions, warranties or other terms as to fitness for purpose, accuracy or content of information or services, care and skill, time for performance and consideration.
11.3 Hmmm may from time to time within the Newsletter, this website and any other content provided by it, refer to links to other third party websites. The materials on such third party websites are not reviewed, controlled or monitored by Hmmm and may contain information about Hmmm research, products or services that have not been approved or endorsed by Hmmm.  Hmmm is not responsible for the performance of such third party websites or any business dealings that you may have with them. Your use of such third party websites is subject to their terms of use and privacy policies.
11.4 Hmmm does not warrant that the functions provided by this website will be uninterrupted, error-free or delayed, or that this website, the server that makes it available, or any links to third party websites are free from computer viruses.
11.5 You shall indemnify and hold harmless Hmmm from and against all Claims and Losses arising from loss, damage, liability, injury to Hmmm employees and third parties, infringement of third party intellectual property, or third party losses by reason of or arising out of the unauthorised use of the Newsletter or any other information supplied to you by Hmmm  its employees or consultants, or supplied to Hmmm by you within or outside the scope of the TOS, other than in accordance with the TOS. For the purposes of this Clause, “Claims” shall mean all demands, claims, proceedings, penalties, fines and liabilities (whether criminal or civil, in contract, tort or otherwise); and “Losses” shall mean all losses including without limitation financial losses, damages, legal costs and other expenses of any nature whatsoever.
11.6 Hmmm’s liability for any damages arising out of the performance of its obligations under the TOS shall be limited to an amount equivalent to the Subscription Fee paid under the TOS.
11.7 To the fullest extent permissible by law, Hmmm shall not be liable in any circumstances to you for any indirect damage or consequential loss howsoever caused in connection with the performance or non-performance of its obligations under the TOS.
12 FORCE MAJEURE
Hmmm shall not be liable for any delay or failure to perform its obligations pursuant to the TOS if such delay is due to circumstances beyond its reasonable control (“Force Majeure”). If a delay or failure of Hmmm to perform its obligations is caused or anticipated due to Force Majeure, the performance of Hmmm s obligations will be suspended.
13 NOTICES
Any notice or communication required to be given by you to Hmmm shall be in writing in the English language and delivered by email, or by pre-paid recorded delivery or registered post, each copied by email, to the following address (or such other address as Hmmm may in the future specify to you):
Hmmm
Address: 175 Tanjong Rhu Road, #12-10, Singapore, 436606
Email: notice@ttmygh.com
Attention: Grant Williams
14 ENTIRE AGREEMENT
The TOS and any other terms and conditions of service on this website and its successor, and the Newsletter, set forth the entire understanding between you and Hmmm hereto and supersedes all prior agreements, arrangements and communications, whether oral or written, with respect to the subject matter hereof.
15 NO WAIVER
The failure to exercise or delay in exercising a right or remedy provided by the TOS or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies.
16 SEVERABILITY
If any provision of the TOS is held invalid, unenforceable or illegal for any reason, the TOS shall remain otherwise in full force apart from such provision which shall be deemed deleted.
17 GOVERNING LAW
The TOS shall be governed by and construed in accordance with the laws of Singapore. Any dispute related to the TOS shall be subject to the non-exclusive jurisdiction of the courts of Singapore.