Site Terms and Conditions

 

 

PLEASE READ THESE TERMS AND CONDITIONS (INCLUDING OUR PRIVACY POLICY) CAREFULLY BEFORE USING THIS SITE AND/OR THE SERVICES OR FUNCTIONS OF THE SITE.

 

Please read the following terms and conditions carefully before using this site www.lazardassetmanagement.com (“Site”). These terms and conditions (together with the documents referred to in it which are hereby incorporated by reference) (collectively, “Site T&Cs”) sets out the terms of use under which you may make use of our Site. Use of the Site includes accessing, browsing, or registering to use the Site and the functions and services offered on or made available through the Site (collectively “Site Functions”).

 

You will be asked to accept these terms and conditions by clicking on a box entitled “Accept & Continue”. If you click on that box, then we will take that as acceptance by you of these Site T&Cs as they may be updated from time to time. If you do not click that box, then you will not be able to access this Site.

 

We reserve the right to change, modify, suspend or discontinue the whole or any portion of the Site Functions or the Site at any time. We may also impose limits on Site Functions or restrict your access to parts or the entire Site Functions or the Site without notice or liability.

 

We may from time to time modify, vary or amend these Site T&Cs at any time by posting the amended Site T&Cs at the Site. Such modification shall be effective immediately upon posting on the Site. Any use of the Site Functions or the Site after the amendment of these Site T&Cs shall be deemed to be acceptance of the amended Site T&Cs by you. If you do not agree to the amended Site Conditions, you have the right to cease your use of the Site Functions.

 

 

Agreement

 

1.1     This agreement governs your use of the Lazard Asset Management (Singapore) Pte. Ltd’s ("Lazard Singapore," "we," or "us") Site and the Site Functions.

 

1.2     The information contained on and/or accessed from this Site ("Information") is only intended for use by accredited investors and/or institutional investors, as defined under the Securities and Futures Act (Chapter 289 of Singapore) read with the Securities and Futures (Prescribed Specific Classes of Investors) Regulations, and persons other than such accredited investors and institutional investors shall not act upon or rely upon any of the Information.

 

1.3     By accessing the Site you represent and warrant to us that:

    

i.     You have read and agreed to the Site T&Cs;

 

ii.     Where you are an individual, you are at least 18 years old and have the necessary legal capacity, right, power or authority to agree to these Site T&Cs; and

 

iii.     You are either an accredited investor or an institutional investor, as defined under the Securities and Futures Act (Chapter 289 of Singapore) read with the Securities and Futures (Prescribed Specific Classes of Investors) Regulations.

 

 

Who operates this Site

 

2.1    This Site is operated by Lazard Singapore. These Site T&Cs are in addition to, and do not nullify or supersede any other agreement that you may have signed with us to govern our relationship.

 

 

Location

 

3.1     The Information is prepared for residents of Singapore only and should not be relied upon by residents of any other jurisdiction. The Information, including any documents on this Site is only intended for use by Singaporean residents. The Information has been prepared in accordance with Singapore law and does not directly or indirectly constitute or form, and should not be construed as, part of any offer for sale or subscription or invitation or solicitation of any offer to buy, subscribe or dispose of any securities in any place other than Singapore.

 

3.2     None of the Information shall be construed as a public offer of products and/or services in a location where Lazard Singapore does not hold the licences and internal permissions for the offer of said products/services. The publication of or provision of access to the Information may be restricted by law or regulation in certain countries. None of the Information is intended to be published or made available in any jurisdiction where to do so would result in the breach of any applicable law or regulation in that jurisdiction. This Site is not directed at you if we are prohibited by any law or regulation of any jurisdiction from making the information on this Site available to you.

 

3.3     None of the Information shall constitute or form, or be construed as, part of any offer for sale or subscription or invitation or solicitation of any offer to buy, subscribe or dispose of any securities, or an invitation or solicitation in relation to services provided by, any member of the Lazard Group which does not carry on business in Singapore.

 

 

Site and Site Functions

 

4.1     You acknowledge and agree that to access and use certain Site Functions, you may be required to open an account and register as a member of the Site. In addition, as a member, you may be required to comply with additional guidelines and rules which we will notify to you from time to time.

 

 

Nature of information provided on this Site

 

5.1     The Information on this Site, including information on investment strategies (“Strategies”) and investment markets, may have been obtained or derived from third party sources. Although we believe these sources to be reliable, the Information's accuracy and currency cannot be assured. The Information (including opinions and estimates) is subject to change from time to time.

 

5.2     This Site contains general information only and has been prepared without taking into account any investor's objectives, financial situation or needs. Investors should get professional advice as to whether investment in any Strategy or any collective investment scheme (“Scheme”) is suitable or appropriate having regard to their particular investment needs, objectives and financial circumstances before investing.

 

5.3     Neither Lazard Singapore nor any member of the Lazard Group, including Lazard Asset Management LLC and its affiliates, guarantees in any way the performance of any Strategy or Scheme, repayment of capital from any Strategy or Scheme, any particular return from or any increase in the value of a Strategy or Scheme.

 

5.4     Any past performance shown for any Strategy and/or Scheme on this Site is for informational purposes only and is not a guarantee or an indication of what the future performance of that Strategy or Scheme may be.

 

5.5     Any references to assets under management for Lazard Asset Management LLC, include those of Lazard Asset Management LLC (New York) and its affiliates, but do not include those of Lazard Frères Gastion (Paris) or other asset management businesses of Lazard Ltd.

 

5.6     You agree that you will not rely on the Information, and you acknowledge that, to the extent permitted by law, we:

 

i.       do not warrant or guarantee the timeliness, currency, accuracy, completeness, merchantability or fitness for a particular purpose of the Information;

 

ii.     take no responsibility for any error, omission or defect contained in the Information; and

 

iii.    are not obliged to update the Information or correct any inaccuracy which may become known to us.

 

5.7     In addition, the Site or Site Functions may display, publish or make available content that is not provided or published by us (including for example, content provided by third party content aggregation services or information providers). Such content is the sole responsibility of the person or entity that makes it available. We are not responsible for such content, and we do not have control over the selection thereof, nor do we routinely monitor such content. Lazard Singapore makes no representations or warranties as to the veracity or accuracy of such content, the reproduction and use of which may be governed by the third party content provider’s terms of use.

 

5.8     Lazard Singapore does not verify and is not in a position to verify any party’s rights to submit any content on or through the Site or Site Functions, and Lazard Singapore takes no responsibility and assumes no liability, whether direct or indirect or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits or any other commercial damages or losses, for any content posted by you or any third party, or for your use of the same. Data provided on this Site may be delayed as specified by financial exchanges information providers. Lazard Singapore and its vendors believe their data and text services to be reliable but accuracy is not warranted or guaranteed.

 

5.9     In addition, all the Information provided herein and any part thereof is for informational and educational purposes only and do not constitute or form, and should not be construed as, investment advice or part of any offer for sale or subscription or invitation or solicitation of any offer to buy, subscribe or dispose of any securities and/or investment products in Singapore or elsewhere nor should it be construed as an offer or solicitation to provide any financial services and will not form the basis or part of any contract. The Information, and any part thereof, is not “investment research” or “financial analysis” as these terms are defined in applicable regulations and has not been prepared by a research analyst. Accordingly, you should not rely solely on the Information in making any investments or purchasing any products. You should always check with your licensed financial, legal and tax advisors to determine the suitability of any investment.

 

 

Intellectual Property Rights

 

6.1     The intellectual property rights in and to the Site, Site Functions and all the content of the Site, including the text, the Information, news, listings, graphics, images, logos and button icons, editorial content, notices, software (including HTML-based computer programs) (“Site Content”) are either owned by us or are licensed to us.

 

6.2     The trademarks, logos and service marks ("Marks") displayed on the Site are the property of Lazard Singapore or other third parties, and all rights to the Marks are expressly reserved by Lazard Singapore or relevant third parties. You are not permitted to use any Marks without the prior written consent of Lazard Singapore or such third party. The name of Lazard Singapore or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Lazard Singapore.

 

6.3     The domain name on which the Site is hosted on is the sole property of Lazard Singapore and you may not use or otherwise adopt a similar name for your own use.

 

6.4     Any company names, products, services and branding cited or used on the Site or the Site Functions may be the trademarks or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks of another party by us is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by Lazard Singapore.

 

 

Use of Site Content

 

7.1     You must not (and must not authorise or assist any person to) reproduce, modify, adapt, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, create derivative works, sell, trade, on-sell, or exploit for any commercial or other purposes, any portion of, or any access to (unless otherwise expressly permitted in accordance with written law or otherwise stated in paragraph 7.3):

 

i.         the Site;

 

ii.        any of the Site Functions;

 

iii.       the Information;

 

iv.       any Site Content or the products or services obtained from any part of the Site, except to the extent expressly permitted in these Site T&Cs or with the prior written consent of Lazard Singapore; or

 

v.       any other content submitted, distributed or otherwise reproduced by any person accessing or using the Site or the Site Functions (“Third Party Content”) except with the prior written consent of Lazard Singapore and the owner of such Third Party Content.

 

7.2     Without prejudice to the generality of the foregoing, you agree not to reproduce, display or otherwise provide access to the Site and/or the Site Functions, Site Content or Third Party Content on another Site or server, for example through linking, framing, mirroring or any other technological means whether available now or in the future unless the prior written consent of Lazard Singapore is obtained.

 

7.3     You may, for your personal, internal and non-commercial use only, download or print one copy of the Information available on the Site, provided that you do not to remove any copyright or other notices appearing with that Information. Permission to reprint or electronically reproduce any part of the Site, Site Functions, Site Content or Third Party Content whether in whole or in part for any other purpose is expressly prohibited without Lazard Singapore's prior written consent, and the written consent of the owners of Third Party Content.

 

7.4     You may not decompile, reverse engineer or otherwise attempt to discover the source code of any Site Content available on the Site or provided through a Site Function except under the specific circumstances expressly permitted by law or Lazard Singapore in writing.

 

7.5     Without prejudice to the rights and remedies which are available to us at law, we reserve the right to terminate your privileges if you repeatedly breach paragraphs 6 and 7.

 

 

Online Conduct

 

8.1     The Site and Site Functions are made available for your personal, non-commercial use only.

 

8.2     Without prejudice to the foregoing you hereby undertake:

 

i.      to comply with these Site T&Cs, and such other notices or guidelines that may be posted on the Site by Lazard Singapore from time to time (which are hereby incorporated by reference into these Site T&Cs);

 

ii.     not to use any Site Function or Site Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law;

 

iii.    not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site or the Site Functions, including without limitation denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;

 

iv.   not to use the account of another member at any time for any purpose, whether with or without his/her permission; and

 

v.   not use any information obtained from the Site or the Site Functions to harass, abuse or harm another person.

 

 

Your Account and Password

 

9.1     If you are provided with, a user name code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any third party for any purpose. You also agree that you will be the only authorized user of the Site and/or the Site Functions using your user name and password.

 

9.2     We have the right to disable any user identification code or password whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of these Site T&Cs.

 

9.3     If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify your Lazard relationship manager.

 

 

Disclaimers and Limitations

 

10.1     Submitted Content and Third Party Content posted, distributed or otherwise made available on the Site or through the Site Functions are not moderated by us. We are not responsible as author, editor or publisher of any Submitted Content or Third Party Content, whether designated as “experts” or “content partners” or similar designations and you acknowledge and agree that any use by you of any Submitted Content or Third Party Content is entirely at your own risk

 

10.2     You acknowledge and agree that:

 

i.     all content, Third Party Content, postings or Submitted Content made available on the Site or obtained via the Site Functions are of a general nature and do not purport, and shall not in any way be understood as constituting an offer or provision of any inducement, invitation or recommendation relating to any products, services or investments nor constitute investment, financial, legal or tax advice or recommendation, and in any event should be used, accepted and relied upon only with care and discretion and at your own risk, and Lazard Singapore shall not be responsible for any loss, damage or liability incurred by you arising from such use or reliance. You should not rely on such information in making any particular investment or other decision which should only be made after consulting with fully qualified advisors and independent verification of any information available herein;

 

ii.    Lazard Singapore does not endorse or recommend, is not an agent, reseller or distributor of, and has no control over any of the products or services offered or made available by any third party on or through the Site or the Site Functions, and Lazard Singapore hereby expressly disclaims all liabilities and responsibilities arising in relation to any such products or services whether available or advertised via the Site or on a third party Site.

 

10.3     You hereby acknowledge and agree that the Site and Site Functions may use transmissions over the Internet which are never completely private or secure and that any information transmitted to the Site may not be confidential and acknowledge that you have no expectation of privacy with respect to such information, subject always to the Site’s Privacy Policy.

 

10.4     You agree that:

 

i.     Lazard Singapore shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Site Functions without assigning any reason; and

 

ii.    access to or the operation of the Site and/or the Site Functions may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, Lazard Singapore shall not be liable for any loss, liability or damage which may be incurred as a result.

 

 

Disclaimer of Warranties and Liability

 

DISCLAIMER: THIS SITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE ON AN "AS IS AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

11.1     To the maximum extent permitted by law, you irrevocably agree and acknowledge that:

 

i.      the Site (together with any Site Functions, Submitted Content and Third Party Content or other content or information provided by or through the Site) are provided on an “as is” and “as available” basis, with all faults and without any warranty of any kind. Your use of the Site and Site Functions is at your own risk and you are responsible for compliance with all applicable laws;

 

ii.     we convey the Information without responsibility for accuracy and any errors contained in such Information shall not be made the basis for any claim, demand or cause of action;

 

iii.    we do not warrant that the content on this Site, the Site or any of the Site Functions will be free of interruption or that the Site is free of viruses, worms, Trojan horses, other harmful elements or other code that manifest contaminating or destructive properties. Lazard Singapore is not responsible for telecommunications, network, electronic, technical or computer failures of any kind, inaccurate transcription of entry information, errors in any promotional or marketing materials, errors in these rules, any human or electronic error, including but not limited to, the administration of any contests, or for entries that are stolen, misdirected, garbled, delayed by computer transmissions, lost, late or damaged; and

 

iv.    we do not warrant that the Site Functions contained in or performed or enabled by or through the Site will meet your requirements, that the operation of the Site and/or Site Functions will be uninterrupted or error-free, or that defects in the Site and/or Site Functions will be error-free. Without prejudice to the foregoing, Lazard Singapore does not warrant and hereby disclaims any representation, warranty or term with respect to the Site or the Site Functions, whether express, implied or statutory.

 

11.2     You expressly acknowledge and agree that, to the maximum extent permitted by applicable law, use of the Information, the Site and any Site Functions and performed by or accessed through the Site is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

 

11.3     Further, nothing in this Site T&Cs constitutes any representation or warranty by us as to your rights (if any) to use any content submitted by any third parties, including Third Party Content and Submitted Content, all of which representations and warranties are expressly disclaimed.

 

 

Indemnity

 

12.1     You agree to indemnify, defend and hold harmless Lazard Singapore, its officers, directors, employees, agents and affiliates from and against all claims, demands, losses, expenses, damages, costs and liability, including reasonable attorneys' fees, arising out of or relating to any breach of these Site T&Cs or any other wrongful activity related to use of the site (including but not limited to infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the site using your user name and password.

 

12.2     This clause shall survive the termination or expiration of these Site T&Cs (howsoever caused).

 

 

Limitation of Liability

 

13.1     To the maximum extent allowed under applicable law:

 

i.     all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Site T&Cs; and

 

ii.    Lazard Singapore, our affiliates, members, officers, employees, agents, partners and service providers shall not liable (including in negligence) for any claim, damage or loss of any kind of any nature whatsoever caused and howsoever arising as a result (direct or indirect) of or otherwise in connection with your use of or reliance on the Site or Site Functions or in connection with the provision, collection, interpretation, reporting, communication or delivery of any Information (even if we have been advised of the possibility of such loss or damage), as a result of or in connection with any reliance on any Submitted Content or Third Party Content or other content or any other information made available or accessed on or through the Site or contained in or available from the Site or your use or reliance on any products or services on, available or accessed via the Site and / or the Site Functions or any infringement of any rights arising in connection therewith, including without limitation any loss of data, profits, goodwill, anticipated savings, reputation, business or business opportunity, loss of or damage to reputation, loss of capital, downtime costs, loss under or in relation to any other contract, or any other indirect, consequential or special loss or damage incurred by you or any other person.

 

 

Termination

 

14.1     We reserve the right to terminate or suspend your use of the Site without prior notice to you, at any time and for any or no reason.

 

14.2     You agree and acknowledge that any suspension or termination of your access to the Site may be effected without prior notice. You further acknowledge and agree that to the maximum extent permitted by law, we shall not be liable for the discontinuation or termination of your access to the Site.

 

 

Privacy Policy

 

15.1     Our Privacy Policy sets out the purposes for which we may collect, use and/or disclose your Personal Data and is hereby incorporated by reference into this Agreement.

 

 

Links

 

16.1     While Lazard Singapore welcomes links to our Site from other Sites, we, in no way, operate, control or endorse linking sites and reserve the right to disallow any such link at any time in our sole discretion. Should you wish to link to our Site, you must obtain our prior written consent.

 

 

Third Party Sites and Links

 

17.1     This Site may contain links to other Sites ("linked sites"). Those links are provided for convenience only and may not remain current or be maintained.

 

17.2     We are not responsible for the content or privacy practices associated with linked sites and do not endorse or approve of and are not responsible or liable for any content, advertising, products, services or materials on or available through such sites or resources, including Third Party Content, unless and to the extent expressly stipulated to the contrary

 

17.3     You further acknowledge that your access to and/or use of third party sites is entirely at your own risk, and that third party sites usually have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the use of those sites and resources.

 

17.4     We do not warrant that the third party sites will meet your requirements or that the same will not cause you any loss of any kind, and you agree that to the maximum extent permitted by law, Lazard Singapore shall not be liable for any loss or damage of any kind incurred in connection with your use or reliance on any content, information or other materials on or available through such third parties.

 

 

General

 

18.1     You may not transfer any rights or obligations you may have under these Site T&Cs. We reserve the right to transfer or to subcontract any right or obligation under these T&Cs at our sole discretion without your consent.

 

18.2     If any term or provision of these Site T&Cs is found by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, such term or provision shall not affect these Site T&Cs’ other terms or provisions, or the whole of these Site T&Cs, but such term or provision shall be deemed modified to the extent deemed necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent of the parties and these Site T&Cs’ purposes. If we waive any rights available to us under these Site T&Cs on one occasion, this does not means that those rights will automatically be waived on any other occasion.

 

18.3     Nothing in these Site T&Cs shall constitute or be deemed to constitute an agency, partnership or joint venture between Lazard Singapore and you and neither party shall have any authority to bind the other in any way

 

18.4     A person who is not a party to these Site T&Cs has no right to enforce or enjoy the benefit of any term of these Site T&Cs under the Contracts (Rights of Third Parties) Act (Chapter 53B).

 

 

Governing Law

 

19.1     These Site T&Cs shall be governed and construed in accordance with the laws of Singapore and in the event of any dispute, you agree to submit to the non-exclusive jurisdiction of the Singapore courts.