Nomura Wealth Management Portal
Terms and Conditions of Use
Version Number: 1.0
Date: 9th December 2013
***YOU ARE NOW ENTERING NOMURA WEALTH MANAGEMENT PORTAL, A CLIENT WEB PORTAL OPERATED BY NOMURA SINGAPORE LIMITED.***
YOU MUST READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS CLIENT WEB PORTAL. BY REGISTERING TO USE THIS CLIENT WEB PORTAL, YOU SHALL BE DEEMED TO HAVE ACCEPTED AND BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR IF YOU ARE NOT AUTHORISED TO ACCESS THE CONTENTS OF THIS CLIENT WEB PORTAL, YOU MUST LEAVE THIS SITE IMMEDIATELY.
1. Use of Nomura Wealth Management Portal
1.1 This client web portal ("Nomura Wealth Management Portal") is operated by Nomura Group entities. All references in these terms and conditions to "Nomura Group", "us" or "we" is to Nomura Holdings, Inc. and any company controlled, directly or indirectly, by it.
1.2 We grant you a non-exclusive, non-transferable and limited personal licence to access and use Nomura Wealth Management Portal. This licence is conditioned on your continued compliance with these terms and conditions. You agree not to permit others to access Nomura Wealth Management Portal and not to redistribute any information or material made available through Nomura Wealth Management Portal to others. If you have been assigned any passwords, encrypted keys or secure ID devices or other methods permitting your access and use of Nomura Wealth Management Portal ("Secure Access Means"), you agree and will procure that all Secure Access Means shall be kept strictly confidential and shall not be disclosed to or shared with third parties. You shall promptly notify us of any loss or theft of Secure Access Means, and any actual, suspected or potential unauthorised use of Nomura Wealth Management Portal.
1.3 You acknowledge and agree that Nomura Wealth Management Portal is provided on an "as is" and "as available" basis at your sole risk, and may be restricted, interrupted, withdrawn, varied, terminated, discontinued, suspended or updated by us at any time without prior notice or liability. We expressly disclaim any implied warranties of merchantability, non-infringement or fitness for a particular purpose, including any warranty for the use or the results of the use of Nomura Wealth Management Portal with respect to their correctness, quality, accuracy, completeness, reliability, performance, timeliness, continued availability or otherwise.
1.4 You agree and undertake to comply with any and all procedures, requirements, restrictions, instructions or any additional conditions pertaining to the access and use of Nomura Wealth Management Portal as we may issue from time to time.
2. Information and Material
2.1 The information and materials made available through Nomura Wealth Management Portal are:
(i) intended only for investors in the jurisdiction in which the Nomura Group entity granting access to Nomura Wealth Management Portal is located; ;
(ii) provided by a member of the Nomura Group who is authorised to do so under applicable laws and regulations in the relevant jurisdiction;
(iii) for your private information only, and we are not soliciting any action based upon it, and does not constitute an offer, invitation, solicitation of any offer or advice to enter into any transaction in any jurisdiction; and
(iv) based upon information that the Nomura Group considers reliable, but the Nomura Group does not represent that it is accurate or complete, and should not be relied upon as such.
2.2 Nomura Wealth Management Portal may contain information produced by different entities within the Nomura Group, which may operate under different legal and regulatory regimes. Appropriate disclaimers and further terms and conditions relating to the information are displayed on the relevant documents or web pages ("Specific Disclaimers and Terms") and should be read carefully. In the event of a conflict between these terms and conditions and the Specific Disclaimers and Terms, the Specific Disclaimers and Terms will govern the access/use of those pages/information.
2.3 While reasonable care has been taken to ensure that the information and material made available through Nomura Wealth Management Portal is not untrue or misleading at the time of publication, no representation, warranty or undertaking, expressed or implied, is made and no responsibility or liability is accepted by any member of the Nomura Group nor its directors, officers and employees as to the accuracy, timeliness, completeness, suitability, merchantability or fitness for a particular purpose of such information and material or their distribution or for the results obtained from the use of such information and material.
2.4 We have no obligation to update any content provided through Nomura Wealth Management Portal and any matter, opinion, projection, forecast or estimate, set out in any document made available through Nomura Wealth Management Portal.
2.5 To the extent permitted by applicable laws and regulations, the Nomura Group and its directors, officers and employees do not accept any liability whatsoever for any loss or damage (including, without limitation, direct, indirect or consequential loss or loss of profits or loss of opportunity) suffered by you or any third party in connection with the use of Nomura Wealth Management Portal or any information and material made available through it.
3. No advice
3.1 You expressly acknowledge and agree that the information and material made available through Nomura Wealth Management Portal do not constitute accounting, financial, investment, legal, tax or other professional advice, and should not be relied upon as such.
3.2 The information and material made available through Nomura Wealth Management Portal are provided to you because you have requested access to them If you are in doubt as to any aspect of the information or material made available through Nomura Wealth Management Portal, you should consult your relationship manager.
3.3 The Nomura Group and its directors, officers and employees do not act as adviser nor assume any fiduciary responsibility or liability for any consequences (financial or otherwise) arising from the execution of any transactions referenced in Nomura Wealth Management Portal.
4. Conflicts of Interest
4.1 The Nomura Group and its officers, directors and employees may (i) have long or short positions in and may deal as principal, agent, market maker or otherwise in the underlying relating to any transactions referenced in Nomura Wealth Management Portal, and (ii) from time to time perform investment banking or other services (including acting as advisor, manager or lender) for, or solicit investment banking or other business from, companies or the issuer of the underlying relating to any of the transactions referenced in Nomura Wealth Management Portal.
4.2 Conflicts of interest are managed and mitigated against by the Nomura Group through a number of methods, including, without limitation, Chinese Walls, confidentiality and independence policies, maintenance of a Stop List and a Watch List, personal account dealing rules, policies and procedures for managing conflicts of interest arising from the allocation and pricing of securities and impartial investment research and disclosure to clients via client documentation.
5. Indemnification
You agree to indemnify the Nomura Group, and its officers, directors and employees (each an "Indemnified Party"), against any and all liability, claims, demands, proceedings, damages, costs, charges, and expenses which such Indemnified Party may incur or sustain, directly or indirectly, arising out of or relating to: (i) your breach of these terms and conditions or applicable laws and regulations; or (ii) your use of Nomura Wealth Management Portal or any information or material made available through it.
6. Data Protection and Privacy
6.1 In order for you to access and use Nomura Wealth Management Portal, you agree to voluntarily provide and for us to collect and use certain information pertaining to you such as your name, email address and other personal details. We may also monitor your usage of Nomura Wealth Management Portal, including details of web pages accessed and frequency of access. You agree that we may use the information collected for the following purposes: (i) to generate your log-in or to otherwise facilitate your access to Nomura Wealth Management Portal, (ii) to analyse the frequency and use of Nomura Wealth Management Portal by our clients, (iii) for internal compliance reasons including legal and regulatory requirements, and industry or internal best practices, (iv) for further development of Nomura Wealth Management Portal and other marketing and client relationship purposes, (v) the transfer of any of our rights and obligations under or in connection with these terms and conditions, and (vi) generally to carry out our obligations under these terms and conditions.
6.2 You expressly agree that in accepting these terms and conditions, we may transfer any information collected from you to the following parties (wherever they are located) in relation to any of the purposes set out in the paragraph above:
(a) any agents, contractors or third party service providers who provide services to the Nomura Group in relation to its operations and business;
(b) any proposed or actual transferee of our business or part thereof, and/or of our rights and obligations under these terms and conditions;
(c) any legal, regulatory or other entity of competent jurisdiction, and any person or entity to whom we are under an obligation to disclose information pursuant to a binding legal obligation;
(d) any entity or person who has undertaken to us to keep the information confidential;
(e) any entities in the Nomura Group.
6.3 We shall comply with all laws and regulations applicable to our collection, retention and use of information pertaining to you, and we shall take all practicable steps to ensure that any information collected from you is protected against unauthorised or accidental access, erasure or use.
6.4 Individuals authorised to access Nomura Wealth Management Portal by a Nomura Singapore Limited are entitled at any time to request access to personal data held by such Nomura Group entity about them and to update and correct such information. We may impose a handling charge to cover the costs of complying with such data access requests.
7. Other Terms and Conditions and Amendments
7.1 In addition to these terms and conditions, the use of Nomura Wealth Management Portal is also subject to our disclaimer and such other terms and conditions as we may in our discretion determine from time to time.
7.2 We may revise these terms and conditions at any time without notice. Any revision and/or addition to these terms and conditions shall become effective and binding on you when you continue to use Nomura Wealth Management Portal on or after the effective date of such revision and/or addition.
7.3 We are entitled to prescribe from time to time the form of notice and the mode of communication with respect to each type of notice to be given pursuant to these terms and conditions.
7.4 If any provision of these terms and conditions is found to be invalid, unlawful or unenforceable in whole or in part by any court or authority of competent jurisdiction, such provision or part thereof shall be deemed not to form part of these terms and conditions, but shall not affect the legality, validity or enforceability of the remainder of these terms and conditions.
7.5 You acknowledge that save as expressly provided in these terms and conditions, all copyright, rights in databases, trademarks and other intellectual property rights relating to Nomura Wealth Management Portal remain the property of the Nomura Group, and that your use of Nomura Wealth Management Portal does not confer any right, title and interest in and to any of the content in Nomura Wealth Management Portal.
8. Term and Termination
We may terminate the licence granted under these terms and conditions at any time. Upon such termination, you agree to terminate access to Nomura Wealth Management Portal. Notwithstanding such termination, you will continue to be bound by these terms and conditions to the extent that they relate to any of your obligations or liabilities which remain to be performed or discharged.
9. Governing Law and Jurisdiction
These terms and conditions in so far as any particular user is concerned are governed by and construed in accordance with the laws of the jurisdiction in which the Nomura Group entity granting such user access to Nomura Wealth Management Portal is located. The user irrevocably submits to the non-exclusive jurisdiction of the courts of such jurisdiction. .