These terms and conditions (“Terms”) govern the execution by you of any agreement and document of Crowe Horwath First Trust Outsourcing Pte Ltd (“Crowe”) and/or investment funds which are administered by Crowe in electronic form (“Electronic Signature”) via the utilisation of the DocuSign system (“System”) offered by DocuSign Inc. (“Vendor”).
By proceeding to use the System, you will be treated as confirming your agreement and acceptance of these Terms.
- You agree that Crowe may accept and act on any document, agreement, notice, letter, form or other instructions signed, accepted or executed using electronic signatures by you or your authorised representative via the System (the “Document”) as if the original Document had been duly signed, executed and accepted by you.
- Any fraud, forgery or impersonation of your identity and/or signature or the identity and/or signatures of your authorised representative shall, except for our gross negligence or wilful misconduct, be your responsibility and liability.
- Crowe can refuse to act upon any Document, and take any action Crowe reasonably deem appropriate in the circumstances, if Crowe has reasonable ground to believe that:
(a) it was not given by you;
(b) it was not clear;
(c) it will prevent us from complying with what we consider to be our obligations under any applicable law or regulation, internal policy or guideline;
(d) the System is used by you for any unauthorised or unlawful purposes; or
(e) there has been, or there will be, a breach of these Terms.
In such circumstances Crowe will inform you, as soon as reasonably practicable, that the Document has not been acted upon by us.
- If you request the cancellation of any Document received by us, Crowe will use reasonable endeavours to do so but will not be liable to you if we are unable to do so.
- You agree, represent and warrant that your Electronic Signature on the Document shall be deemed to be valid, accurate and authentic, and shall be given the same effect as though such Electronic Signature had been signed by you in hard copy.
- The System is a third-party service that is neither owned or operated by Crowe and your use of the System is at your own risk. Crowe expressly exclude any guarantee, representation, warranty or undertaking of any kind relating to or arising from any use or inability to use the System. Crowe will not be liable for any loss, damage or cost incurred by you in connection with your use of or inability to use the System.
- Crowe will not be liable to you for any loss, damage, cost or expense whatsoever (whether direct or indirect, whether foreseeable or not) which you may suffer or incur arising from:
(a) your use or inability to use the System;
(b) any breach by you of any provision of these Terms or any information or documents furnished by you, which is or proves to have been incorrect, incomplete or misleading in any material respect when provided; and
(c) any unauthorised or unlawful use of the System.
Under no circumstances will either party be liable to the other for any consequential, indirect, economic, loss of profit, special or punitive losses or damages.
- Your information may be stored on the Vendor’s servers and will be subject to the Vendor’s data privacy policies and we have no responsibility or liability over the Vendor’s use, storage, handling or further disclosure of your information.
- If any of these Terms is invalid, unlawful or unenforceable under any applicable law, it shall not affect or impair the validity, legality or enforceability of the rest of these Terms.
- Any failure or delay by Crowe in exercising or enforcing any right it has under these Terms does not operate as a waiver of and does not prejudice or affect Crowe’s right subsequently to act strictly in accordance with Crowe’s rights.
- A person who is not a party to these Terms has no right under the Contracts (Right of Third Parties) Act (Chapter 53B of Singapore) to enforce or enjoy the benefit of any of these Terms.
- Crowe may at any time amend these Terms by giving reasonable notice to you. Such notice may be sent via email; posted on our website or published in any media or channel we deem appropriate. You are deemed to agree to such amendments if you continue to use the System after the effective date of such amendments.
- These Terms are governed by and interpreted according to the laws of Singapore. You agree to irrevocably submit to the exclusive jurisdiction of the courts of Singapore which means that legal proceedings against Crowe can only be brought in the courts of Singapore.