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Terms of Use

Crea8 Capital Incorporated Terms of Use

Within these “Terms of Use”, the “Client” shall refer to “you”.

Client access to the Crea8 Capital Incorporated (“Crea8”) webpages and digital platform (referred to, where applicable as “website”) is subject to the terms of use, privacy policy, cookie policy, client agreement, and all applicable laws, which are incorporated within the website (herein referred to collectively as, the “Terms of Use”). Some of these Terms of Use may be amended from time to time.

Minimum Age: Each Client must be at least 18 years of age to become a user of Crea8’s digital platform. Each Client represents and warrants that he/she is 18 years of age or older and are fully able and competent to enter into, and abide by, the contract created by these Terms of Use, including the Client Agreement.

Terms of Use Coverage: By using the website, Clients agree to be bound by the Terms of Use, whether as a “visitor” (which means that he/she simply browses the website) or as a “registered user” (which means that he/she has registered with Crea8 for the purpose of utilising the services provided through Crea8’s digital platform). Each time a Client uses the website, the most current version of the Terms of Use will apply. Please review carefully the Terms of Use before accessing the website.

Services

Crea8 provides a “Thematic goal based investing” service where Clients can target life goals using the digital platform, for example saving towards a retirement, saving to buy a property or house or saving towards his/her children’s college fund. The investments would be made in a portfolio of Exchange Traded Funds consistent with a certain theme.

Crea8 also provides “Thematic factor based investing” where Clients can invest based on certain themes but tilt towards a certain investment style such as dividends, value etc. For example, a strategy could be in Environment, Sustainability and Governance theme and also focus on high dividends stocks.

Crea8 can access the service using “Analytics” and “Advisory” platforms. The “Analytics” platform enables Clients to access Crea8’s reports, tools and analytics to build their own portfolio; while the “Advisory” service enables Clients access to recommendations that have been generated by Crea8’s algorithm.

Crea8 also provides Client order routing, portfolio rebalancing and monitoring services through our broker partner, Interactive Brokers.

These services do not constitute an offer or solicitation to buy or sell financial products or services. In particular, they do not constitute the provision of investment advice.

Registration

Upon registration, the Client agrees and understands that he/she is responsible for maintaining the confidentiality of his/her password which, along with his/her e-mail address, allows the Client to access certain portions of the Crea8 digital platform. The Client’s password, e-mail address, and any other contact information provided, form his/her “User Registration” status with Crea8.

By providing Crea8 their e-mail address, the Client agrees to receive all required notices electronically, to that e-mail address. The Client is responsible for updating or changing that e-mail address, as appropriate. If the Client becomes aware of any unauthorised use of his/her User Registration, he/she should notify Crea8.

Available Content

By accessing or using the website in any way, the Client agrees to comply with these Terms of Use and all applicable laws, rules and regulations and any restrictions defined in the Terms of Use and other applicable agreements, disclosures, and documents. The Client agrees that he/she will not, and will not permit anyone else to: (a) store, copy, modify, or resell any of the information available on the website or compile or collect any such information as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the website or store, copy, modify, distribute, or resell any such information; (c) rent, lease, or sub-license his/her access to the website to another person; (d) use, copy or otherwise exploit the website or any related concepts, content or information available on the website for any purpose except for your own personal, non-commercial use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the website; (f) use the website in a manner that threatens its integrity, performance, or availability; or (g) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the website or information available on the website.

The Client agrees to view the content posted on the website for informational purposes only. No part of such content may be copied, repurposed or otherwise exploited in any form or for any other purpose without the prior written consent of Crea8. While Client may be able to access market data and other financial information from the website, the availability of such information does not constitute a recommendation to buy or sell any of the securities that are published on the website (including securities appearing in any thematic portfolios in the catalogue of thematic portfolios or goal based portfolios) or to engage in any investment strategy. Investing is risky, and not all investments are suitable for all investors. Nothing on the website should be considered investment, tax or legal advice. Clients should consult a financial advisor, attorney or tax advisor regarding the his/her specific investment, legal or tax situation and the impact of any actions he/she decides to take. The information or content contained on or posted to the website is subject to change without prior notice.

Clients agree to utilise the tools available on the website as designed and intended. Crea8 makes available tools that allow Clients to amend components of an existing investment portfolio on the website or build their own investment portfolio. Client-created investment portfolios are available for use and must meet the standards defined in the “Crea8 Analytics & Advisory Terms of Use” defined below. The photo and title, and other content that is provided by the Client as part of the “Build Your Own” service is subject to review, edits, and removal. A Client’s failure to abide by these Terms may result in removal of access to tools, account restriction, up to and including closure.

Information Subject to Limitations

The information and content available on or posted to the website may not be timely or complete; and should not be relied upon for making any investment or other decisions. Information, such as stock prices, is not real-time and the past performance results of a security or thematic portfolio available for purchase through the website is not an indication of future performance. Share prices used to value individual positions, or contribute to other performance information, are provided by third-party data providers and may not be timely and may not reflect certain activities such as corporate actions, fees and commissions. Crea8 cannot guarantee the accuracy or completeness of the information it receives from third-party sources of information and makes available on the website. Crea8 may cause pricing, performance or other information to be unavailable with respect to a particular security or thematic portfolio from time to time if Crea8 determines that such information is inaccurate. Crea8 may make available hyperlinks from the website to third-party websites, as a convenience to users with the intention of allowing users to access additional investment-related information. Clients agree to access any such third-party websites through those hyperlinks at their own risk and to follow any rules and restrictions particular to those websites. Crea8 is not responsible for the content appearing on third-party websites hyperlinked from the website, nor does Crea8 make any endorsements or warranties, express or implied, with respect to the content of third-party websites, including the information, products or services offered on any third-party websites, including but not limited to accuracy, completeness, reliability, suitability, non-infringement, merchantability or fitness for a particular purpose. Crea8 does not guarantee the authenticity of information or documents available on the Internet and reserves the right to terminate any link from the website at any time.

No Warranties

The website and the information or content contained on, posted to or accessed through the website are provided “as-is” and “as available,” and all warranties, express or implied, are disclaimed, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Crea8 assumes no obligation, and disclaims any duty, to update any such information.

Crea8 makes no warranties regarding the timeliness, accuracy, completeness, reliability, suitability or adequacy of the information, services, software, text, graphics, links or other content contained on or posted to the website. Crea8 does not warrant that the website will operate error free, that the website will calculate mathematical and/or financial calculations correctly, or that the website will operate free of “black out” periods. The Client carries the entire risk arising out of the use or performance of the website.

Limited Liability

To the maximum extent permitted by applicable law, in no event shall Crea8 be liable for any damages incurred by the Client as a result of the Client’s use of the website or the information or content available on or posted to the website. Without limiting the foregoing, Crea8 shall not be liable for any consequential losses or damages whatsoever (including, without limitation, any investment related losses, lost profits, loss of information, costs associated with lost data, or losses attributed to the inability to use the website or any harm resulting from downloading or accessing information on the website, including harm caused by viruses or similar destructive features).

The Client expressly agrees that use of the website and content is at their sole risk. The provision for the use of the website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Crea8 shall not be responsible for any delays, delivery failures, or other damage resulting from such problems. Under no circumstances, including but not limited to breach of contract, tort, or negligence, will Crea8 be liable for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages (including lost profits) that arise out of or are related to Clients’ use of the website or the information or content available on or posted to the website.

The information available or obtained through the website may be subject to additional disclaimers and limitations contained within the website and other documents and content, which the Client must abide by as stated therein.

Indemnification of Crea8

The Client agrees to indemnify, hold harmless, and defend Crea8 and any of its officers, directors, agents and employees from or against, as applicable, any and all claims, actions, demands, liabilities, losses, costs, expenses, damages or suits (including, but not limited to, attorneys’ fees) caused by or arising from his/her improper use of the website or information provided to Crea8 by you, including any information or content that you may post to the website, your violation of the Terms of Use or any related agreements or terms of use, or your or any user of your account’s infringement or violation of any intellectual property or other rights of any person or entity. The Client shall be responsible for any actions by any user of his/her account.

Royalty

By accessing the website and creating an investment portfolio, Clients: (a) grant to Crea8 a perpetual, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to copy, use, modify and publish their investment portfolio and all associated content, in each case as the same may be rebalanced or otherwise modified from time to time, on the website for use by persons accessing the website and to use any such information for its own internal use or in connection with processing trades or related activity, (b) represent and warrant to Crea8 that he/she is the sole owner of the thematic portfolio and all associated content and have the right to license the same to Crea8 as described in (a), and (c) agree that Crea8 may terminate this license in whole or in part at any time.

Termination

Crea8 reserves the right to terminate or suspend the Client’s access to all or any part of the website, without notice, for conduct that Crea8 believes violates these Terms of Use or any of its other terms of use, policies or guidelines, or for any other reason in its sole discretion.

Further, if Crea8 believes, in its sole discretion, that a violation of these Terms of Use has occurred, Crea8 may take any other corrective action it considers appropriate. Crea8 reserves the right to investigate suspected violations of these Terms of Use, including, without limitation, any violation relating to Client information. Crea8 may seek to gather information from any Client who is suspected of violating these Terms of Use (or from any other Client). Each Client shall agree to provide Crea8 with such information. The Client understands that Crea8 will fully cooperate with any law enforcement authorities, regulators, or court orders requesting or directing Crea8 to disclose the identity of anyone using the website, without notice to such person. The Client may request termination of his/her user account at any time and for any reason by notifying Crea8.

Trademarks, Proprietary Rights

The website contains copyrighted material, trademarks and other proprietary information, including text, graphics and software. Crea8 is the owner of the copyright in the website, as well as the copyright in any information original to Crea8. Each participant, or other third-party provider of information, owns the copyright in the information original to it. The Client agrees that he/she will not copy, redistribute, publish or commercially exploit the website, or any content, concepts or information from the website without the express written consent of the respective owner(s) thereof.

Crea8’s trademarks (including any service marks) and logos are the property of Crea8. All other trademarks appearing on the website are the property of their respective owners. Nothing contained on the website should be construed as granting by implication, or otherwise, any license or right to use the trademarks or logos appearing on the website without the express written consent of the content owner.

No Advice

The Client understands that Crea8, through the website or any interaction the Client may have with representatives of the Crea8, provides no tax, legal, estate planning, or investment advice of any kind, nor do we give advice or offer any opinion with respect to the nature, potential value or suitability of any particular securities transaction or investment strategy. The Client understands that they are solely responsible for all investment decisions they make regarding the transactions made in your account. The Client further understand that while he/she may be able to access market data and other financial information from the website, the availability of such information does not constitute a recommendation to buy or sell any of the securities made available for purchase on the website (including securities appearing in any thematic portfolios published in the catalogue of thematic portfolios) or to engage in any investment strategy. Any investment decisions the Client makes will be based solely on his/her own evaluation of their financial circumstances and investment objectives and the suitability for them of any security or any investment strategy. Any order entered using the Client’s password is his/hers and he/she is responsible for any outcome as a result of transactions that he/she initiates or that is initiated by any user of his/her account, including the possible loss of principal invested based on an investment decision made. The Client understands the risks involved with transacting in the securities he/she maintains and that his/her investments will fluctuate in value, and he/she agrees that Crea8 is not responsible for any losses the Client may incur as a result of the Client’s investment decisions.

By making information available to the Client on the website, Crea8 is not advising the Client to invest in any particular security or securities, or to pursue any investment strategy. Crea8 does not have access to information related to, and does not review or consider, any Client’s or potential Client’s financial situation or tolerance for risk. Although Crea8 may provide tools that enable Clients to assess your own tolerance for risk, or otherwise assist to educate you in various ways, Crea8 does not determine if the tools and resources made available on the website will result in suitable investments designed to meet a particular Client’s investment needs. All investments have risks, and each Client is responsible for determining whether they can afford the risks of making any investment.

The terms of the immediately preceding two paragraphs apply to themes published by Crea8 and to themes published by any other person, including any “Build Your Own” theme(s) published by a Client, and to any other securities or groups of securities described or made available for review or trading on or through the website.

General

Clients may not assign any rights under these Terms of Use without the prior written consent of Crea8, and any prohibited assignment will be null and void. Crea8 may assign its rights under these Terms of Use without Clients consent. These Terms of Use shall be governed by and interpreted in accordance with the laws of the Labuan Financial Services Act 2010.

To the extent not inconsistent with applicable law, Client and Crea8 agree to settle by mandatory and binding arbitration any controversy between themselves and/or any officers, directors, employees, or agents of Advisor relating to this Agreement, this account or any account transactions, or in any way arising from Client’s relationship with Advisor.  The parties further agree that this arbitration shall be conducted in accordance with the rules of the Asian International Arbitration Centre (AIAC) and shall be submitted to the AIAC for resolution if the AIAC accepts jurisdiction. Clients hereby irrevocably waive any objection to venue or personal jurisdiction therein.

Severability, Waiver and Effectiveness

If any provision of these Terms of Use is held to be invalid, void, or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination will not affect the validity of the remaining provisions of these Terms of Use. Except as specifically permitted in these Terms of Use, no provision of these Terms of Use can be, nor will it be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorised officer of Crea8.

Agreement

Client’s intentional action in agreeing to these Terms of Use is evidenced by his/her use of the website, which demonstrates their consent to be legally bound by these Terms of Use and by other documentation governing their relationship with Crea8. Client’s consent to these Terms of Use, which are readily accessible and which he/she has consented to have accessed, read, and understand, fully satisfies any requirement that they be provided to a particular Client in writing. Each Client is solely responsible for reviewing and understanding all of the terms and conditions of this document, as may be amended from time to time. Each Client should accept as reasonable and proper notice, for the purpose of any and all laws, rules and regulations, notice by electronic means, including, the posting of modifications to these Terms of Use on the website.

Clients agree to be bound by these terms, which will pass on to any successor, heir, agent, attorney-in-fact, or legally appointed representative, that acts on their behalf with respect to their account.