Terms & Conditions

Terms & Conditions

Updated on February, 3rd 2020

Please review regularly to note the changes.

We, Galen Growth Asia Pte. Ltd. (UEN: 201540833C), a company incorporated under the laws of Singapore, and its subsidiaries, affiliates and related corporations (“we“, “our“, “us“, or the “Company”), welcome you to use and access our website located at https://galengrowth.com/, all affiliated websites (including mobile websites) and any applications published by us or our affiliates for access to or use of the website or any Services owned and operated by us, our predecessors or successors in interests or our affiliates (the “Website“). We ask that you review these terms and conditions of use, which are intended to constitute a binding agreement that describes when and the terms under which you are allowed to access or use the Website (the “Terms“). Please also read the Privacy Policy to find out how we collect, use, disclose, process and protect your personal data, in accordance with the Personal Data Protection Act 2012 (No. 26 of 2012) of Singapore and other applicable data protection and privacy laws, such as the General Data Protection Regulation (EU) 2016/679. 

The Company reserves the right to change, modify, add or remove any of Terms and Privacy Policy, at any time, for any reason. We will provide notice of such amendments by posting the revised Terms and Privacy Policy on this Website, (and changing the “Updated on” date reflected in the top left-hand corner of these Terms accordingly), or by providing written notice in any other manner at the Company’s sole discretion, and such amendments shall be effective immediately upon posting, and shall apply to your subsequent access to or use of the Website. You acknowledge that by continuing to access or use our Website after we have posted changes to these Terms and the Privacy Policy, you are agreeing to such modified terms.

1. Purpose.

The purpose of the Website is to provide information (e.g. on our initiatives, background and history) and access to our all services, applications and products that are publicly accessible through the Website (the “Services”).

2. Terms & Conditions of Use; Privacy & Data Protection Policy.

By using our Website, you agree to be contractually bound to these Terms and the Privacy & Data Protection Policy (accessible at: https://galengrowth.com/privacy/) (the “Privacy Policy”), which shall have the same legal effect as if the Terms and Privacy Policy had been personally signed by you. To the extent permitted by law, the Terms are intended to supersede any provisions of applicable law which might otherwise limit its enforceability or effect. You agree not to challenge the validity of all electronic records related to your use of the Website as evidence admissible in the courts of law on the grounds of its being in electronic form. If you do not agree to these Terms, you should stop accessing or using the Website immediately. If you do not agree to these Terms and the Privacy Policy, as updated from time to time, you must stop accessing or using the Website immediately.

4. Limited License.

Material which we post on the Website including but not limited to photographs, images, illustrations, text, video clips, audio clips, designs, logos, trademarks, trade dress and other materials contained in this Website, and the software used in the design and development of this Website (“Our Content“) are protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable, non-sub-licensable, revocable worldwide license, to use Our Content, to the extent required for the limited purpose of reviewing material on our Website, PROVIDED THAT such use: (a) is not for resale or for and on behalf of any other person or organisation; (b) is subject to these Terms and all applicable laws; (c) involving any such external distribution of Our Content shall only be permitted without obtaining the prior written consent of the Company where: (i) you comply with all applicable laws and fair dealing thresholds (where applicable); and (ii) the Company and the source material (if applicable) are attributed by way of a reasonably conspicuous notice stating “Galen Growth Asia”, “GGA”, or “Galen Growth” and included using a font size which is not substantially lesser than any other included font. All other external distribution of Our Content is subject to the prior written consent of the Company. You acknowledge and agree that the Website and all associated Intellectual Property Rights are owned by Company (or its licensor, where applicable) and are protected by Singapore copyright laws and other laws.

Except as expressly stated in these Terms, the Company grants you no other right or license, express or implied, to the Services, including without limitation, any right to use, copy, publish, display, compile, transmit, broadcast or otherwise exploit the Website. No proprietary rights are intended to be transferred or conferred by these Terms.

The Company reserves all rights to and in the Website, including any Intellectual Property Rights, developed or in existence and in all forms of media throughout the world for the Company’s use and disposition at its sole discretion without any obligation to you. You are not authorised to use the names ‘HealthTech Alpha’, ‘Galen Growth’, Galen Growth Asia’ or any other trademarks owned or controlled by the Company in any manner whatsoever, regardless of whether they are registered, without the prior written approval from the Company.

You are granted a limited, non-exclusive right to create a hyperlink to the Website, provided that such Hyperlink does not portray the Company or any part of the Website in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time, at the sole discretion of the Company.

In these Terms, “Intellectual Property Rights” means any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights and rights in data, semiconductor chip topography rights, mask works, the right to sue for passing off, utility models, domain names and all similar rights, and any other intellectual property rights and all applications for any of the foregoing, anywhere in the world and, in each case: (a) whether registered or not; (b) including any applications to protect or register such rights; (c) including all renewals and extensions of such rights or applications; (d) whether vested, contingent or future, and wherever existing.

6. Disclaimer.

a. Warranty Disclaimer.

While we have endeavoured to create secure and reliable websites, apps and platforms, please be advised that the confidentiality of any communication or material transmitted to/from in the course of your access and/or use of the Website cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted via the internet, the accuracy of the information contained on our Website, or for the consequences of any reliance on such information. We shall have no liability for interruptions or omissions in internet, network or hosting services. You assume the sole and complete risk of using the Website.

The Website and our Content is for informational purposes only and provided ‘as is’ by the Company, without any warranty. The Company disclaims all warranties, express or implied, relating to the Website and Our Content including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the site and the information, content and materials contained therein. The Company does not represent or warrant that the Website and Our content are accurate, complete, reliable, current or error-free. The Company shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading Our Content.

You expressly agree that: (i) any ratings, recommendations, analytics and other opinions provided as a part of the Website and Our Content are, and will be construed solely as, statements of opinion as of the date they are expressed and not statements of current or historical fact or recommendation as to profitability, investment or financial advice, recommendations regarding investment decisions or decisions to purchase, hold or sell any securities, endorsements of the accuracy of any of the data or conclusion, attempts to independently assess or vouch for the financial condition or profitability of any company or assurances of any company’s performance or promise of profits; (ii) you will not rely solely on the Services in making any investment decision; (iii) any tools or information made available on our Website are not a substitute for the exercise of independent judgment and expertise and you should always seek the assistance of a professional for advice on investments, tax, law, or other professional matters; and (iv) any use of the Website is at your own risk and we disclaim all related liability.

b. Third Party Intellectual Property Rights.

This Website may contain images, materials, information, news, advertisements, listings, blogs, data, text, songs, audio, videos, graphics, software, webcasts, podcasts, broadcasts, messages, software and other material (“Third Party Content“) licensed to the Company for use on the Website. Such content is the sole property of its respective owners. Except to the extent required for the limited purpose of reviewing Third Party Content on our Website, electronic reproduction, adaptation, distribution, performance or display of Third Party Content is prohibited. This Website may also contain references to third party trademarks and names. Such trademarks and names are the sole property of their respective owners.

c. Third Party Links.

This Website may also contain hyperlinks and other links to sites operated by publishers other than the Company, including, but not limited to, content distributed by the Company but owned by third parties (“Hyperlinks”). Such Hyperlinks are provided for your reference and convenience only. These linked sites are not under the Company’s control and may be governed by their own terms of use. We have not developed or reviewed the content appearing in or on such linked sites and you agree not to hold us responsible for the content or operation of such linked sites. A Hyperlink does not and should not be deemed to imply that the Company in any way endorses, sponsors or supports the content, operator or owner of such linked sites. You understand that the linked sites may contain illegal or objectionable content or dangerous viruses or other disabling or harmful components. If you decide to access any third party sites linked from our Website, you do so at your sole and exclusive risk. You assume your complete responsibility for any loss or injury sustained by you as a user or visitor of any linked site, including those caused by malicious actions of third parties in relation to infection by computer virus programs, malicious code or unwanted software that may infect your computer after selecting a link to a third party website provided on our Website, or any harm whatsoever that may come about from the use of any content on the Website. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that the Company is not in any way responsible for any such use by you. We make no representation or warranty that the linked sites will conform to any description thereof or perform any desired operations or functions, be uninterrupted or error-free, or be free of viruses, worms, trojan horses or other disabling or harmful components. We do not represent or endorse and hereby disclaim any obligation or responsibility to verify the correctness, quality, accuracy, reliability, performance, completeness, timeliness, or continued availability of any of the content contained on linked sites. No guarantee is made that the links will successfully direct you to the intended third party website, that such website remains available for viewing or that you are not re-directed to an unintended third party website in error or by the action of third parties.

7. Limitation of Liability.

In no event will the Company, its directors, employees or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Website, the materials or content of, or the materials contained in or accessed through the Website, including without limitation any damages caused by or resulting from your reliance on any information obtained from the Company, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorised access to the Company’s records, programmes or the Website.

8. Privacy.

We collect information about you that you provide to us and from cookie files. We use this information for internal analysis or to contact you about offers or promotions that we sponsor. We will not knowingly provide any of this information (except in the form of aggregate statistics that do not link you or your identity to any specific information and do not identify you as a visitor to this Website) to third-parties unless we obtain your permission or are compelled to do so by court order. You agree to respect the privacy rights of other visitors by not publishing or harvesting email addresses obtained at this Website.

We reserve the right to view, monitor, and record activity with regard to our Services and Website, without notice to or further permission from you, to the fullest extent permitted by, or as required by applicable law. Any information obtained by monitoring, reviewing, or recording is also subject to review by governmental or law enforcement organisations in connection with the investigation or prosecution of possible criminal activity on any of our websites, apps or platforms. We will also comply with all applicable laws and court orders that require us to provide such information.

9. Indemnification.

Your access privileges are conditioned on your adherence to the terms of the Terms. If you violate any of the terms of the Terms, you agree that we may deny you access to the Website. You further agree, at your own expense, to defend and indemnify us and hold us harmless against all claims which may be asserted against us, and all losses incurred, as a result of any violations of the Terms, including your infringement of any third party Intellectual Property Rights.

We reserve the right to view, monitor, and record activity with regard to our Services and Website, without notice to or further permission from you, to the fullest extent permitted by, or as required by applicable law. Any information obtained by monitoring, reviewing, or recording is also subject to review by governmental or law enforcement organisations in connection with the investigation or prosecution of possible criminal activity on any of our websites, apps or platforms. We will also comply with all applicable laws and court orders that require us to provide such information.

10. Severability.

If any provision of these Terms is declared to be unenforceable, the remainder of these Terms will continue in full force and effect, and the unenforceable provision will be deemed modified to the extent necessary to comply with the applicable requirements of law, while retaining to the maximum extent permitted by law its intended effect, scope and economic effect.

11. Rights Cumulative.

The rights and remedies provided by these Terms are cumulative, and the exercise of any right or remedy by either party hereto (or by its successor), whether pursuant to this these Terms, to any other agreement, or to law, shall not preclude or waive its right to exercise any or all other rights and remedies.

12. Assignment.

These Terms are not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The Company may transfer, assign or delegate this Agreement and its rights and obligations without your consent.

13. Remedies & Waiver.

No action of either party, other than express written waiver, may be construed as a waiver of any provision of this these Terms. A delay on the part of either party in the exercise of its rights or remedies will not operate as a waiver of such rights or remedies, and a single or partial exercise by either party of any such rights or remedies will not preclude other or further exercise of that right or remedy. A waiver of a right or remedy on any one occasion will not be construed as a bar to or waiver of rights or remedies on any other occasion.

14. Entire Agreement.

The terms of the Privacy Policy are incorporated herein to these Terms by reference in its entirety. In the event of any conflict or inconsistency, the following shall establish the order of precedence and priority (with governing precedence listed first and interpreted to afford most favourable protection to the Company): these Terms, and the Privacy Policy.

15. Dispute Resolution/Jurisdiction.

These Terms shall be governed by, construed under and enforced in accordance with the laws of Singapore, without regard to any conflict of law provisions. Any dispute, controversy or claim, whether contractual or not, arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall be referred to and finally resolved by arbitration in Singapore, conducted in the manner set out below, in accordance with the rules of the Singapore International Arbitration Centre (“SIAC”), for the time being in force. The arbitration tribunal shall consist of one (1) arbitrator, to be appointed by the parties, or failing agreement within fourteen days after a Party has given to the other party or parties a written request to concur in the appointment of the arbitrator, to be appointed on the request of any party by the President of the Court of Arbitration for the time being of the SIAC. The language of the arbitration shall be English, and each Party shall have the right to have its legal advisers present throughout the arbitration. The seat of arbitration shall be Singapore. 

Any judgment, decision, or award of the arbitration tribunal (the “Award”) shall be set forth in a reasoned award stating the basis for the Award. The Award will be enforceable through a court of competent jurisdiction. The parties agree that the Award shall be final, binding and conclusive upon each of them without appeal. Any costs, fees or taxes incident to enforcement of the Award shall, to the extent permitted by law, be charged against the party resisting enforcement. In addition, a damage Award shall include interest, as determined by the arbitration tribunal, from the date of injury, up to and including the date of payment of the Award.

16. Notices, Support & Questions.

Any notice, request, consent or approval required or permitted to be given under these Terms or pursuant to law shall be sufficient if in writing, and in your case, when sent by email and/or registered mail to the relevant address provided by you, and in the case of the Company, to the address as set out below:

Email address: info@galengrowth.com
Office Address: Galen Growth Asia, Found8, 100 Amoy Street, Singapore 069920