TERMS OF SERVICE

 

1. Introduction

We, Piranha Pte Ltd, provide you with access to our online courses, discussion groups, webinars, tools and materials for educational and informational purposes (collectively, including any new features, the “Service”) through our website located at overstoneetfconsult.net (including any sub-domains therein) (the “Site”), subject to the terms of service herein (the “Terms of Service”). Please read these Terms of Service carefully, as they govern your use of the Site and Service. By purchasing, using and/or accessing the Site and/or Service (as the case may be), you agree to be bound by all the Terms of Service herein.

Certain content or features on the Site and/or Service may be subject to specific terms and conditions that are in addition to these Terms of Service, which will be brought to your attention for your agreement thereto at the time when you subscribe to, sign up for and/or purchase such content or features. Such additional terms and conditions are supplemental to these Terms of Service and do not override these Terms of Service. In the event of any conflict between such additional terms and conditions and these Terms of Service, the relevant term(s) and/or condition(s) that is/are in conflict with these Terms of Service shall prevail only in respect of the content or features on the Site and/or Service that is/are subject to the said term(s) and/or condition(s). All other provisions contained in these Terms of Service shall prevail.

2. Modifications to Terms of Service

We reserve the right, at our sole discretion, to change or modify these Terms of Service at any time. If we do this, we will notify you in advance of the change(s) and/or modification(s). Any such change(s) and/or modification(s) will take effect on the date specified in the relevant notice (the “Effective Date”). Your continued use of the Service after the Effective Date constitutes your acceptance of the new Terms of Service.

3. Privacy

We respect the privacy of our users. Please refer to our Privacy Policy for details. By purchasing, using and/or accessing the Site and/or Service (as the case may be), you consent to our collection and use of your personal data as outlined therein.

4. Disclaimers

4.1. Investments

Nothing in the Site and/or Service is to be construed as a solicitation or offer to sell capital markets products or financial advisory services, and is not to be construed as a source for any kind of professional advice (including but not limited to personal financial or investment advice). No consideration is made to your personal financial circumstances. You should always seek the advice of an appropriately qualified professional before making any financial or investment decision.

Past performance is not necessarily indicative of future results. Investment involves a potentially high level of risk, and may not be suitable for all persons. You may potentially lose some or all of your initial investment, or may even lose more than your initial investment. You agree that you are responsible for using your own judgment when making any investment, including but not limited to making yourself aware of and assessing all the risks associated with any investment as well as seeking advice from an independent financial or investment adviser.

4.2. Contents of the Site and Service

The past performance of any trading system or methodology does not necessarily indicate future results. We do not guarantee that any investment(s) you make will be profitable or will not make any losses.

While we make reasonable endeavours to provide you with reliable information (including but not limited to stocks quotes, charts, articles or any other statement(s) regarding the stock market or other financial and investment information) through the Site and/or Service, we do not warrant or guarantee the timeliness or accuracy of such information.

Nothing on the Site and/or Service shall be construed as stating or implying that past results are an indication of future performance. Neither we nor our information providers shall be liable for any errors or inaccuracies in the contents of the Site and/or Service.

5. Access and Use of Service

5.1. Description of Use

The Service, and any content viewed through the Site and/or Service, is solely for your personal and non-commercial use. With your purchase of the Service, we grant you a limited, non-exclusive, non-transferable, licence to access and view on the Site our online courses, discussion groups, webinars, tools and materials for educational and informational purposes. Except for the foregoing limited licence, no right, title or interest shall be transferred to you. You agree not to use the content on Site and/or Service for any purpose other than for your personal educational and informational purposes. You agree that you shall not copy, reproduce, republish, download (unless we explicitly state otherwise), share, upload, post, transmit, distribute, sell, resell or otherwise exploit for any commercial purpose the content on the Service and/or Site.

We may revoke your licence at any time for any reason whatsoever at our sole discretion. Upon such revocation, you agree that you shall promptly destroy all content downloaded or otherwise obtained through the Site and/or Service, as well as copies of such materials, whether made in accordance with these Terms of Service or otherwise.

You agree that you shall access the content on the Site and/or Service on a single computer, and that any access of the content on the Site and/or Service by you through another website or computer is strictly prohibited.

You agree that you shall keep intact all copyright, trademark and other proprietary rights associated with the content on the Site and/or Service by not modifying any of the said content in a manner that suggests an association with our products, services and/or brands.

5.2. Registration

You may be required to register with the Site in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Site’s registration form(s). Registration data and certain other information about you are governed by our Privacy Policy. You represent, warrant and undertake that you have the capacity, power and authority to enter into, exercise your rights and perform and comply with your obligations under these Terms of Service.

5.3. Account
You may only use your account on the Site, and you may not provide another person with the username and password to your account. You are fully responsible for any and all activities that occur under your account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify us of any unauthorised use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session after accessing the Service. We will not be liable for any loss or damage arising from your failure to comply with this provision.

5.4. Modifications to Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service and/or Site including the content of the said Service and/or Site (or any part thereof), and will notify you in advance of such modification or discontinuance. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service and/or Site including the content of the said Service and/or Site. In the event of such modification, suspension or discontinuance, we are under no obligation to retain your account or your submitted content on the Site for any period of time.

5.5. Use and Storage

You acknowledge that we may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time at our sole discretion. You further acknowledge that we reserve the right to change these general practices and limits at any time, at our sole discretion.

5.6. Mobile Service

The Service may include certain services that are available via a mobile device, including:

To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, you may provide your telephone number. By providing your telephone number, you consent to receive calls and/or text messages of any form at that number. In the event that you change or deactivate your telephone number, you agree to promptly update your account information.

5.7. Refund Policy

All sales are final. As access to the Service is provided to you upon your purchase, there shall be no refund (whether partial or full) for any of your purchase(s) of the Service.

6. Conditions of Use

6.1. User Conduct

You are solely responsible for all content that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service, including but not limited to any code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials. We reserve the right to investigate or take appropriate legal action against anyone who, at our sole discretion, violates this provision, including but without limitation, removing the offending content from the Service, suspending or terminating the account of such violator(s) and reporting such violator(s) to the law enforcement authorities. You agree that you shall not use the Service to:

i. email or otherwise upload any content that:

a. infringes upon any intellectual property or other proprietary rights of any party;
b. you do not have the right to upload under any law or under any contractual or fiduciary relationships;
c. contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
d. poses or creates a privacy or security risk to any person;
e. constitutes unsolicited or unauthorised advertising, promotional materials, commercial activities and/or sales or any other form of solicitation;
f. is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, racially hateful, ethnically or otherwise objectionable; or
g. at our sole discretion, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose us or our users to any harm or liability of any type;

ii. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
iii. violate any applicable local, state, national or international law, or any regulations having the force of law;
iv. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
v. solicit personal information from anyone under the age of consent as prescribed by any applicable law;
vi. harvest or collect email addresses or other contact information of other users from the Service by electronic or other means, for the purposes of sending unsolicited emails or other unsolicited communications;
vii. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised by us;
viii. further or promote any criminal activity or enterprise or provide instructional information about illegal activities; and/or
ix. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

You agree that you shall adhere to all the rules of conduct implemented by us, failing which we may at our sole discretion revoke your access to the Site and/or Service.

6.2. Fees

To the extent that the Service or any portion thereof is made available for any fee, you will be required to (a) either make a one-time payment or select a subscription plan, and (b) provide us with information regarding your credit card or any other payment instrument. You represent and warrant to us that such information is true and that you are authorised to use the payment instrument. You will promptly update your account information with any changes (e.g. any change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount that is specified in the subscription plan in accordance with the terms of such subscription plan and these Terms of Services. You hereby authorise us to bill your payment instrument in accordance with the terms of the applicable subscription plan until you terminate your account, and you further agree to pay any charges so incurred. We reserve the right to update our price(s). You shall be responsible for all taxes applicable to your purchase of the Service.

6.3. Online Courses

Where we have imposed any restrictions on access to the online courses available through the Site and/or Service, you agree that you shall not allow any other person to share your access to such online courses available through the Site and/or Service.

6.4. Recurring Subscriptions

Your purchased subscription plan of the Service is subject to automatic renewal (“Recurring Subscription”) until it is discontinued by us at our sole discretion or cancelled by you. You authorise us to maintain your account information and charge that account automatically upon the renewal of the subscription plan with no further action required from you. In the event that we are unable to charge your account as authorised by you when you purchased a Recurring Subscription, we may, at our sole discretion:

We may update the price(s) of Recurring Subscriptions from time to time and will notify you in advance of any updated price(s). Any updated price(s) for Recurring Subscriptions will take effect at the next applicable subscription period following the date on which we notify you of the updated price(s). You accept the updated price(s) by continuing your Recurring Subscription after the updated price(s) take(s) effect. If you do not agree to the updated price(s), you must cancel your Recurring Subscription before the updated price(s) take(s) effect. You agree that you are responsible for carefully reading any notification from us in relation to any updated price(s).

Payments are non-refundable and there are no refunds or credits given for any partially used subscription plans. You may cancel a Recurring Subscription at any time, but if you cancel your Recurring Subscription before the end of the current subscription period, we will not refund (fully or partially) any subscription fees already paid to us. Following any such cancellation, however, you will continue to have access to the Service until the end of the current subscription period. At any time, and for any reason, we may at our sole discretion provide a refund, discount, or other consideration to some or all of our users. Notwithstanding any provision by us of such refund, discount or other consideration in any particular instance, we are under no obligation to provide such refund, discount or other consideration again under any circumstance.

You may cancel your Recurring Subscription via these 2 different methods: 1) Email to [email protected] 2) Directly through the payment gateway. Upon cancellation of your Recurring Subscription, you will continue to have access to the Service until the end of the current subscription period and thereafter your account will be terminated. You agree that we are under no obligation to assist you in preserving any data and/or other information in relation to your account prior to its termination.

If you are utilising a free trial of the Recurring Subscription and you cancel the said Recurring Subscription before the end of the free trial period, we will not charge you for the Recurring Subscription.

If you are utilising a free trial of the Recurring Subscription and you cancel the said Recurring Subscription before the end of the free trial period, we will not charge you for the Recurring Subscription.

6.5. Privileges and Bonuses

Any privileges and/or bonuses that we may extend to you at our sole discretion (including but not limited to access to certain Discord group chats and channels, etc.) are non-exchangeable for cash or any other products. Such privileges and/or bonuses serve as additional resources to be used in conjunction with the online courses and/or Recurring Subscriptions available through the Site and/or Service (as described herein).

Admin Team and moderators have the authority to warn or ban users (including those with a paid subscription) when they do not follow the community guidelines. No refunds will be offered if you are banned from interacting with others and posting in the community groups as you still have access to the features of your paid subscription during such ban. 

All discussions and information shared by way of the abovementioned resources are for educational and informational purposes only. You acknowledge and agree that such discussions and information shared are based on individual opinions and are not to be taken as investment recommendations or advice. You acknowledge and agree that you are responsible for doing your own due diligence before making any investment decisions.

6.6. Commercial Use

Unless otherwise expressly authorised herein or by us in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

6.7. Non-Competition

You agree that you shall not directly or indirectly conduct, advertise, promote or solicit any business activity in competition with us or any of our associated products and services. We reserve the right to revoke your participation and terminate your privileges enjoyed through the Site and/or Service in the event that we at our sole discretion determine that you are in breach of this provision. There shall be no partial or full refund for any of your purchase(s) of the Service prior to such revocation and termination.

7. Intellectual Property Rights

7.1. Site and Service Content, Software and Trademarks

You acknowledge and agree that the Site and Service contain content or features (the “Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Site, Service or Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Site or Service.

In connection with your use of the Site and/or Service, you agree that you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.

If you are blocked by us from accessing the Site or Service (including but not limited to blocking your Internet Protocol (“IP”) address), which may be done at our sole discretion for any reason whatsoever, you agree not to implement any measures to circumvent such blocking (e.g. by masking your IP address or using a proxy IP address). Any use of the Site, Service or Content other than as specifically authorised herein is strictly prohibited.

The technology and software underlying the Site and/or Service or distributed in connection therewith are the property of us, our affiliates and/or our partners (where applicable) (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.

The content on the Site and/or Service is protected by applicable copyright and intellectual property laws and is the exclusive property of Piranha Pte Ltd and/or the respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms of Service, the Site or the Service should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of the content on the Site and/or Service, without our prior written permission in each instance. All goodwill generated from the use of the content on the Site and/or Service will inure to our exclusive benefit.

7.2. Third Party Material

Under no circumstances will we be liable in any way for (a) any content or materials of any third parties (including users), including but not limited to any errors or omissions in any content, or (b) any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but we and our designees will have the right (but not the obligation) at our sole discretion to refuse or remove any content that violates these Terms of Service or is deemed by us, at our sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

7.3. User Content Transmitted Through the Service

With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, the “User Content”), you represent and warrant that you own all right, title, interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein, and that you have all required rights to post or transmit such content or other materials without violation of any third-party rights. By uploading any User Content you hereby grant and will grant us, our affiliated companies and partners a non-exclusive, worldwide, royalty free, fully paid up transferable, sub-licensable, perpetual, irrevocable licence to copy, display, upload, adapt, perform, publish, distribute (through multiple tiers of distribution and partnerships), store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information relevant to the Service (“Submissions”), provided by you to us, our affiliated companies or partners are non-confidential and we, our affiliated companies and partners will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

You acknowledge and agree that we may (but are under no obligation to) preserve content and may also disclose content if required to do so by law or in good faith that such preservation or disclosure is reasonably necessary to:

You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks, and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Subject to compliance with any applicable personal data protection laws, we reserve the right to publish by any means (including but not limited to the Site) any testimonial(s) provided to us by you in relation to the Site and/or Service.

8. Third Party Websites

The Site and/or Service may provide, or third parties may provide, links or other access to other sites and resources on the internet that are independent from us. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. We do not represent or warrant as to the accuracy, completeness or authenticity of the information contained in such other sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party. You acknowledge that your use of such other sites and resources is at your own risk and subject to their terms of use.

Where applicable, you may be able to access the Site and/or Service via various online third party services, such as social media and social networking services (“Social Networking Services”). We may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. The Social Networking Services may provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy.

You acknowledge that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Site and/or Service.

In addition, you acknowledge that we are not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. We enable these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

9. Disclaimer of Warranties

Your use of the Site and/or Service is at your sole risk. The Site and Service are provided on an “as is” and “as available” basis. We, our affiliates and/or partners (where applicable) disclaim all warranties of any kind, whether express, implied or statutory, including but not limited to the following warranties:

10. Exclusion of Liability

You expressly understand and agree that we will not be liable for any loss or damage of any nature, including but not limited to loss or damage that is:

even if we have been advised of the possibility of such loss or damage, whether or not based on contract, tort, negligence, strict liability, resulting from:

You agree that if you are dissatisfied with any portion of the Site and/or Service or with these Terms of Service, your sole and exclusive remedy is to discontinue your use of the Service.

11. Termination and Suspension of Account

We, at our sole discretion, may suspend or terminate your account (or any part thereof) or use of the Site and/or Service and remove and discard any content you submitted to the Site and/or Service, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for the suspension or termination of your account or use of Site and/or Service may be referred to the appropriate law enforcement authorities. You acknowledge and agree that under such circumstances, we may at our sole discretion immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Site and/or Service. There shall be no partial or full refund for any of your purchase(s) of the Service prior to such termination.

12. Disputes Between Users

You agree that you are solely responsible for your interactions with any other user in connection with the Service and we will have no liability or responsibility with respect thereto. We reserve the right, but are under no obligation, to become involved in any way with disputes between you and any other user of the Service.

13. General

13.1. Entire Agreement

Unless otherwise provided herein, these Terms of Service constitute the entire agreement between you and us, and govern your use of the Service, superseding any prior agreements between you and us with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.

13.2. Governing Law and Jurisdiction

These Terms of Service are governed by the laws of Singapore. You agree to submit to the exclusive jurisdiction of the Courts of Singapore.

13.3. No Waiver

Any failure by us to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.

13.4. Severability

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the other provisions shall remain in full force and effect.

13.5. Assignment

YYou shall not assign these Terms of Service without our prior written consent. We reserve the right to assign or transfer these Terms of Service, in whole or in part, without obtaining your prior written consent.

13.6. Notices

All notices and other communications from us to you as provided for or permitted under these Terms of Service shall be made by way of email to your email address that we have in our records.

13.7. Force Majeure

In the event that we fail or are unable to perform any of our obligations under these Terms of Service due to any force majeure event(s) (including but not limited to acts of God, strikes, equipment or transmission failure or damage beyond our reasonable control) or any other cause(s) beyond our reasonable control, we shall not be liable to you for any loss or damage resulting from such failure or inability to perform our obligation(s) under these Terms of Service.

13.8. Indemnification

You agree that you shall indemnify and hold us, our affiliates and/or our partners (where applicable) harmless from and against any and all losses, claims, damages, liabilities and expenses (including but not limited to attorneys’ fees and costs) arising from or in relation to your use of the Service.

13.9. Third Party Rights

Unless expressly provided to the contrary in these Terms of Service, any person who is not a party to these Terms of Service has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore to enforce or to enjoy the benefit of any term of these Terms of Service.

Notwithstanding any term of these Terms of Service, the consent of any third party is not required for any variation (including but not limited to any release or compromise of any liability) or termination of these Terms of Service.

14. Contact

If you have any queries about the Site, the Service or these Terms of Service, you can reach out to us at [email protected].