Please carefully read the terms of use set out herein (“Terms”) and the privacy policy statement (“Privacy Statement”) before you use this Website. By accessing or otherwise using this Website and/or services offered on this Website, you confirm that you accept these Terms and the Privacy Statement and that you agree to comply with them. Additional terms and conditions may apply to certain services or features of the Website and all such terms shall be made a part of these Terms by this reference, and you agree to abide by all such additional terms and conditions. If you do not agree to these Terms and Privacy Statement, please do not use this Website and/or services.
These Terms may be amended, varied, supplemented and/or modified from time to time by Otto Bullion, at its sole discretion, without any prior notice and all such amendments, variations, supplements and/or modifications shall be effective immediately when they are posted on this Website. Your continued use of this Website and/or services after such amendments, variations, supplements and/or modifications shall constitute your acceptance and agreement to be bound by the amended, varied, supplemented and/or modified Terms. Accordingly, you are urged to check these Terms each and every time you access and/or use this Website and/or services.
Certain features and/or services of this Website may require registration of an account. In such circumstances, you agree to provide Otto Bullion with accurate and complete registration information and to accept responsibility for all activities that occur under your account. You shall be responsible for maintaining the security of your account and password so as to prevent unauthorized use. All transactions and further actions taken with Otto Bullion pursuant to information and/or services provided on this Website are subject to agreements between you and Otto Bullion.
By accessing and/or using the Website and/or services, you agree:-
| 1. | to use the Website and/or services only for the purposes permitted by these Terms and any laws, regulations or generally accepted practices or guidelines in the relevant jurisdictions; |
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| 2. | to pay all associated fees and in accordance with Otto Bullion’s standard payment and invoicing procedures; |
| 3. | not to engage in any activity that interferes with or disrupts the Website and/or services or any connected servers and networks; |
| 4. | not to use the Website to host, transmit, send or distribute any software virus, spyware, worm or other malicious programs; and |
| 5. | not to reproduce, duplicate, copy, sell, trade or resell any information from the Website and/or services for any purposes unless with the prior written consent of Otto Bullion. |
All contents (including but not limited to text, data, information, domain names, brand and trade names, logos, marks, designs, specifications, research and development, graphics, photographs, video and audio contents etc.) and features provided on this Website are protected by copyright, trademark and other forms of intellectual property/proprietary rights. Unless otherwise stated, Otto Bullion is the legal and beneficial owner of this Website (including all subsisting intellectual property rights whether those rights are registerable or unregistrable) or a licensee of the copyright and any other intellectual property right of such contents published or otherwise made available on this Website from time to time.
This Website is for your personal use only. You must not use this Website or any part thereof for commercial purposes or distribute, reproduce or publish any contents provided in this Website without obtaining prior consent from Otto Bullion or its licensor, or to use this Website or any part thereof in a way that is likely or intended to cause confusion about the owner or authorized user of the intellectual property rights. In any event, you agree not to remove, obscure or alter any proprietary rights notices (including without limitation, copyright and trademark notices) which may be affixed to or contained on this Website and/or services. For the avoidance of doubt, nothing in these Terms gives you a right to use any of Otto Bullion’s intellectual property rights nor intended to transfer to you or any third party any right, title or interest in and to any of the intellectual properties of Otto Bullion.
Any unauthorized use of this Website and/or services or any violation of the Terms may cause damage to Otto Bullion and may constitute an infringement of copyright and/or other intellectual property rights and you may be responsible for any and all such damages. You irrevocably and unconditionally agree to indemnify, defend and hold Otto Bullion, its officers, directors, employees, shareholders, agents and affiliates harmless from any and all liabilities, losses, claims, suits, demands, charges, interest, penalties and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of this Website and/or services and any breach of these Terms.
YOU WILL EXERCISE AND RELY ON YOUR OWN JUDGMENT IN USING THIS WEBSITE AND/OR SERVICES OFFERED ON THIS WEBSITE. THOSE WHO ACCESS AND USE THIS WEBSITE AND/OR SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN DISCRETION AND RISK AND SHALL BE RESPONSIBLE FOR COMPLIANCE WITH THEIR LAWS AND RULES.
OTTO BULLION SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND (WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) RESULTING FROM YOUR USE OF THIS WEBSITE AND/OR SERVICES OR ANY FACTS OR OPINIONS OR CONTENTS ON THIS WEBSITE. OTTO BULLION SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION LOSS OF OPPORTUNITY, LOSS OF PROFITS, LOSS OF ANTICIPATED EARNINGS, LOSS OF CONTRACTS, LOSS OF DATA OR GOODWILL OR REPUTATION AND ATTORNEYS’ FEES ETC.) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE OF THIS WEBSITE AND/OR SERVICES. OTTO BULLION’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WITHOUT PREJUDICE TO THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AS AFORESAID, Otto BULLION’S MAXIMUM AGGREGATE LIABILITY SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO OTTO BULLION IN RESPECT OF THE WEBSITE AND/OR SERVICES PROVIDED. OTTO BULLION DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PRODUCT OR SERVICE OFFERED THROUGH IT OR ITS WEBSITE. Otto BULLION IS NOT AND WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
Without prejudice to the foregoing, Otto Bullion shall not be liable for any claim arising out of or in connection with access and/or use of this Website and/or services unless the party bringing such claim has given notice to Otto Bullion in writing of the claim, summarizing the nature of the claim as far as it is known and the amount of the claim within the period of 7 days from the date on which the alleged claim arose after which the claim shall be time barred.
Nothing in these Terms shall exclude or limit Otto Bullion’s liability for death or personal injury caused by negligence or for fraud.
This Website is provided on an “as is” basis. While Otto Bullion endeavours to be as accurate as possible in respect of the contents contained in this Website, however, it does not make any representations or warranties of any kind, express or implied, as to the operation or the accuracy, reliability and completeness of this Website. You acknowledge that there may be variations, omissions or errors in the contents contained in this Website from time to time.
The material and information contained in this Website have not been delivered for registration at any authority in any jurisdiction, and the contents have not been reviewed by any regulatory authority in Malaysia or elsewhere nor is the Company authorized or regulated by any authority except for The Companies Commission of Malaysia (SSM).
You further acknowledge and agree that all material and information contained in this Website have no regard to any specific investment objectives, financial situation or any particular needs of any specific person. Neither the information nor any opinion contained in this Website constitute a solicitation or offer by Otto Bullion to buy and/or sell, whether as principal or agent, any securities, futures, options, precious metals or other financial instruments or valuable items or provide any service or investment advice, analysis or recommendation and should not be relied upon as such. All persons accessing and/or using this Website and/or services should obtain appropriate professional advice from a qualified professional as he/she considers necessary.
Notwithstanding anything to the contrary contained herein, and to the full extent permissible by applicable laws, Otto Bullion disclaims any and all representations and warranties, express or implied, including but not limited to the following:-
| 1. | warranties that the Website will be uninterrupted, accurate, secured and free from errors, viruses or other harmful elements; |
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| 2. | warranties that the contents on this Website are appropriate or available for use in any other jurisdiction; |
| 3. | warranties of merchantability, standard of quality, functionality or fitness of any products included or offered on this Website; |
| 4. | warranties of the investment value of any precious metals or other valuable items; |
| 5. | warranties of any third parties or their websites; and |
| 6. | warranties against infringement of any third party intellectual property rights. |
Otto Bullion reserves the right to, at any time and at its own discretion without prior notice, modify, remove, suspend or discontinue the entire or any part of this Website and/or services for any reason. The service of this Website cannot be guaranteed and may, from time to time, be interrupted due to repairs, modifications, maintenance, network failure or for any other reason.
Otto Bullion further reserves its right to deny or restrict access to and/or use of the Website and/or services to any user at any time without notice and without giving any reason.
This Website may contain links to third party websites and services. The provision of such links is for your reference and convenience only. Otto Bullion does not endorse or accept any responsibility in respect of the accuracy, reliability, completeness or lawfulness of the contents of any third parties or their websites. Otto Bullion shall not be deemed to be part of or affiliated in whatever manner with such third parties or their websites. For the avoidance of doubt, Otto Bullion shall not be liable for any loss howsoever arising from or in connection with your access to, use or misuse of or reliance on those third party websites, or any interruption or inability to access or use those websites. Any access to and use of the linked websites are entirely at your own risk and you are responsible for complying with any terms and conditions of use of such third party websites.
Neither party shall be liable to the other for any failure to perform any obligation hereunder which is due to an event beyond the reasonable control of such party including but not limited to any act of God, war, terrorism, riot, lock-outs, strikes, civil unrest, government action, trade disputes or other industrial actions, earthquake, flood, fire or any other natural disaster, failure of the internet or extraordinary connectivity issues experienced by telecommunication providers.
Any party affected by such event shall forthwith notify the other party of the same and shall use all reasonable endeavours to comply with these Terms. Any delay or failure of this kind shall not be deemed to be a breach of these Terms and the time for performance of the affected obligation shall be extended by a period which is reasonable in the circumstances.
If any provision of these Terms is found to be invalid by any Court having jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms which shall remain in full force and effect. The failure or any delay to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the right or provision.
In case of discrepancies between the English and other language versions of these Terms and content of this Website, the English version shall prevail.
The Terms together with all our policies and procedures are governed by and construed in accordance with the laws of the Singapore. You agree that any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the Court of the Singapore and that you waive any objection to such proceedings in such Courts on the grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
If you have any questions about these Terms, please do not hesitate to contact us at ottobullion@gmail.com.