WEBSITE TERMS AND CONDITIONS OF USE

Terms & Conditions

The Site is owned and operated by Golden Agri-Resources Ltd. The following Conditions govern your use and/or access to the Site. By using or accessing the Site, you are deemed to have accepted and agreed to be bound by these Conditions. It is your responsibility to ensure that you have read and understood these Conditions and any accompanying risks, obligations and responsibilities.

Please read these terms of use carefully before you start to use and/or access the Site. If you do not agree to any part of these Conditions, please do not use and/or access the Site.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

“Conditions“: The terms and conditions contained herein and any amendments from time to time, as published on the Site.

“Golden Agri-Resources Ltd“, “GAR”, “we“, “our” and “us“: Golden Agri-Resources Ltd

“MAS”: Monetary Authority of Singapore.

“Personal Data“: Data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.

“RSS”: RDF Site Summary or Really Simple Syndication

“SGX”: Singapore Exchange Limited.

“Site“: Both the mobile and web versions of the website located at www.goldenagri.com.sg.

“you” or “your“: Individuals who are 18 years of age or older, or otherwise under the supervision of a parent or legal guardian.

1.2 Interpretation

(a) The headings in these Conditions are inserted for convenience only and shall not affect the interpretation of these Conditions.

(b) Unless the context otherwise requires, words importing the singular shall include the plural and vice versa and words importing a specific gender shall include the other

genders (male, female or neuter).

(c) Any reference to conduct includes without limitation, an omission, statement or undertaking, whether or not in writing.

2. ACCESS AND USE OF THE SITE

2.1 Terms of Use. By using and/or accessing the Site, you hereby agree that:

(a) if you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Conditions and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the services, information and functions made available on the Site or any transactions or proposed transactions (including any part thereof) to be conducted on the Site; and (iii) your acceptance and compliance with these Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Site;

(b) you will not copy or distribute any part of the Site in any medium without our prior written authorisation; and

(c) you will not use the Site for any purpose that is unlawful or prohibited by these Conditions, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others. Notwithstanding any other rights or restrictions in these Conditions, you may not use the Site to: (i) transmit via or through the Site any information, data, text, images, files, links or software except in connection with your authorised use of this Site or otherwise in response to specific requests for information by us, (ii) introduce to the Site or any other computer or website viruses, worms, Trojan horses and/or harmful code, (iii) obtain unauthorised access to any computer system, (iv) impersonate any other person or falsely state or otherwise misrepresent your affiliation with any person or entity, (v) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity, (vi) misrepresent the identity of a user or use a false e-mail address, (vii) tamper with or obtain access to the Site or any component of the Site, (viii) conduct fraudulent activities, or (ix) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial e-mail.

2.2 Access to the Site. The accessibility and operation of the Site rely on technologies outside our control. We do not guarantee continuous accessibility or uninterrupted operation of the Site.

2.3 Relying on Information. We provide the Site as a general information source only. The contents of the Site do not constitute any advice (legal, financial or otherwise), and no information contained on the Site or communicated to or through the Site is intended to create any legal or implied relationship. Before relying on the Site, you should conduct your own checks or obtain professional advice relevant to your particular circumstances.

2.4 Links to Third Party Sites. The Site may contain links to third party websites that are not affiliated with or owned, operated, or controlled by us. You acknowledge and agree that we are not responsible for the content, privacy policies, or practices of such third party websites or the companies that own them. By using the Site, you expressly relieve us from any and all liability arising from your access and use of any third party website. For the avoidance of doubt, Golden Agri-Resources Ltd is a holding company with several subsidiaries and associate companies. Each subsidiary or associate company may have its own dedicated website, each of which shall be deemed a “third party website” for purposes of this clause.

2.5 RSS Feeds.

(a) RSS service is a means by which the Site offers feeds of story headlines in eXtensible Markup Language (XML) format (RSS Content) to you for the purpose of using RSS aggregators. It is provided to you free for non-commercial use. Any other uses, including but not limited to the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS feeds as provided by the Site, and you may not edit or modify the text, content or links supplied by the Site without our prior written consent.

(b) The RSS service may be used only with those platforms from which a functional link is made available that, when accessed, allows you to see the display of the full article from the originating website. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable original web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable original web page.

(c) You must comply with all applicable laws and all limitations and restrictions placed by us on the use, display or distribution of any RSS Content; give us complete and accurate registration information when requested to do so; and not archive any of the RSS Content for access by users of your website at any future date after the RSS Content has been removed from the Site. You acknowledge that the service must link and redirect to the appropriate original web page when a user of your website clicks on the RSS Content (e.g. a headline).

(d) Where applicable, we retain all ownership and other rights in the RSS Content, and any and all logos and trademarks used in connection with the RSS service. You must provide attribution to the Site in connection with your use of the RSS feeds.

(e) We reserve the right to discontinue providing any or all of the RSS feeds at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including but not limited to your violation of any provision of these Terms. We assume no liability for any of your activities in connection with the RSS feeds or for your use of the RSS feeds in connection with your website.

2.6 Restrictions on use of SGX and MAS Proprietary Material.

(a) Except as otherwise provided, SGX and MAS Proprietary Material (comprising the materials published in the websites of either the Singapore Stock Exchange Ltd or any subsidiary thereto (SGX) or the Monetary Authority of Singapore or any subsidiary thereto (MAS) and any material belonging to the SGX and MAS) shall not be reproduced, republished, uploaded, posted, transmitted or otherwise distributed in any way, without the prior written permission of SGX or MAS as the case may be.

(b) Modification of any of the SGX and MAS Proprietary Material or use of the SGX and MAS Proprietary Material for any other purpose will be a violation of SGX and MAS’ copyright and other intellectual property rights.

2.7 Disclaimer of Warranties and Liability regarding use of SGX and MAS Proprietary Material.

(a) The SGX and MAS Proprietary Material is provided on an “as is” basis without warranties of any kind. To the fullest extent permitted by law, SGX and MAS does not warrant and hereby disclaim any warranty as to the accuracy, correctness, reliability, currency, timeliness, non-infringement, title, merchantability or fitness for any particular purpose of the SGX and MAS Proprietary Material.

(b) SGX and MAS shall also not be liable for any damage or loss of any kind, howsoever caused, as a result (direct or indirect) of the use of the SGX and MAS Proprietary Material, including but not limited to any damage or loss suffered as a result of reliance on the contents of the SGX and MAS Proprietary Material.

(c) The SGX and MAS Proprietary Material does not constitute financial or other professional advice. If financial or other professional advice is required, services of a competent professional should be sought.

3. CHANGES TO THE SITE

We may alter, suspend, or discontinue this Site in whole or in part, at any time and for any reason, without notice or cost. We may, in our sole discretion, terminate or suspend your use of or access to all or part of the Site for any reason, including without limitation, breach of these Conditions. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material. If you create a link or frame to the Site, you do so at your own risk. We reserve the right to object to or disable any link or frame to or from the Site. We also reserve the right to change the Uniform Resource Locator of the Site without notice.

4. TRANSACTIONS CONCLUDED THROUGH THE SITE

Any transactions (including any document or general or specific authorisation granted by Golden Agri-Resources Ltd) formed through the Site or as a result of visits made by you to the Site are governed by the specific terms and conditions governing that particular transaction, as will be highlighted to you prior to any contract of transaction being formed. Nothing in this Site may be read as being included as a term or condition of such contract of transaction and nothing in this Site may be regarded as binding on Golden Agri-Resources Ltd in respect of that contract of transaction.

5. LIMITATION OF LIABILITY

5.1 No Representations or Warranties. The Site, its content, services and all text, images, merchandise and other information provided herein are provided on an “as is” and “as available” basis without representations or warranties of any kind, whether express, implied or statutory, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limitation to the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (a) as to the reliability, accuracy, completeness, and validity of any content or material on the Site, (b) that the functions contained on the Site will be secure, uninterrupted or free of errors, (c) that any defects will be corrected, or (d) that the Site or the server(s) that makes it available are free of viruses or other harmful components. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Site, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access to the Site is at your sole risk.

5.2 No Liability for Indirect or Consequential Losses. To the maximum extent permitted under applicable law, we shall not be liable to any user of the Site or any other person for any direct, indirect, special or consequential loss or damage (including, but not limited to, damages for loss of profits, loss of data or loss of use) arising out of or related to the use, inability to use, performance or failure of this Site or any materials posted thereon, or any information contained therein or stored or maintained by us, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.

5.3 Third Party Service Providers. You acknowledge and agree that your access and use of the Site are dependent on third party service providers such as internet, network, connectivity or other link providers. Any transactions concluded by you or formed through the Site may be processed by third party system providers and are subject to such third party service provider’s terms and conditions, which are beyond our control. We cannot guarantee the security of such third party system(s) or any data on the Site. We are not responsible for any acts or omissions of any third parties and disclaim any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, we are not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using and/or accessing the Site, you expressly relieve us from any and all liability in connection with the acts, omissions or defaults of such third parties.

5.4 Liability Implied by Law. For the avoidance of doubt, nothing in this Condition 5 excludes, restricts or modifies any condition, warranty, right or liability implied into these Conditions where to do so is illegal or would render any provision hereof void.

6. INDEMNITY

By using and/or accessing the Site, you agree to indemnify, hold harmless and defend us and

our partners, affiliates, subsidiaries, advertising agencies, agents and their employees, officers, directors, and representatives from any claims, losses, damages, liabilities, costs and/or expenses, including but not limited to attorneys’ fees, arising directly or indirectly from your access of and/or use of this Site, including without limitation, any claims of infringement of a third party’s rights, any assertion and enforcement of our rights under these Conditions and any breaches of your obligations under these Conditions.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 Ownership. The intellectual property rights in and to the content on the Site, and in the material published on it are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce these intellectual property rights to the fullest extent of the law.

7.2 Restricted Use. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Site in any form or by any means without our prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Site.

8. GENERAL

8.1 Amendments. We may at any time in our sole discretion amend or vary any provision of these Conditions by publication on the Site. If you do not consent to such variation or amendment, you should not use or access the Site. If following such amendment or variation, you continue to use or access the Site, you shall be deemed to have irrevocably consented to such amendment or variation and to have agreed to be bound thereby.

8.2 Correction of Errors. There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Site is inaccurate at any time without prior notice.

8.3 Illegality and Severability. Each of the provisions of these Conditions is severable from the other(s). If any such provision or part thereof is or becomes invalid, unenforceable or illegal in any respect, such provision or part thereof shall, to the extent that such term is invalid, be deemed not to form part of these Conditions but the validity, enforceability or legality of the remaining provisions hereunder shall not in any way be affected or impaired thereby.

8.4 Privacy Policy and Personal Data Protection.

(a) Cookies. It is our policy to always respect the privacy of every visitor to our Website. However, we may from time to time, employ the use of cookies. Cookies are small text files that a site transfers to a user’s (visitor’s) hard disk or browser for added functionality or for tracking site usage. In order to measure the effectiveness of our online presence, we may use cookies to determine the path users take on our site and to identify repeat users of our site. We do not use cookies to gather personal information such as a person’s name or e-mail address. Cookies can be saved to the hard disk, but so-called session cookies are saved to the browser only and disappear when the browser is closed. On the website at www.goldenagri.com.sg homepage (and similar top or index pages), we use cookies that are saved to the hard disk and therefore remain after the browser is closed. Such cookies determine the path users take on our site and also identify repeat users of our site, although not by names or email addresses. On other pages of our site, we use session cookies to determine the path users take on our site. On some pages, we may also use non-session cookies. It is possible to configure your browser to reject cookies by modifying the browser settings or preferences. If you wish to do so, we recommend you consult the information provided in the browser or contact the browser vendor for help and instructions. Any information gathered by the use of cookies is compiled on an aggregate, anonymous basis.

(b) Personal Data Protection. By using and/or accessing the Site, you acknowledge and agree that we may collect, use, disclose or otherwise process your Personal Data as described in this clause. We may also collect, use or disclose your Personal Data if it is required or authorised under applicable laws.

We may collect and use your Personal Data for any or all of the following purposes:
1. Performing obligations in the course of or in connection with our provision of goods and/or services requested by you;
2. Verifying your identity;
3. Responding to, handling and processing queries, requests, messages, applications, complaints and feedback from you;
4. Managing your relationship with us;
5. Sending you marketing information about our goods, services and/or activities;
6. Complying with any applicable laws, regulations, codes of practice, guidelines or rules or to assist in law enforcement and investigations conducted by any governmental and/or regulatory authority;
7. Any other purposes for which you have provided the information;
8. Transmitting to any of our affiliates, unaffiliated third parties including our third party service providers and agents, and relevant governmental and/or regulatory authorities, whether in Singapore or abroad, for the aforementioned purposes; and
9. Any other incidental business purposes related to or in connection with the above.
We may disclose your Personal Data:
1. Where such disclosure is required for performing obligations in the course of or in connection with our provision of the good and services requested by you; or
2. To affiliates, third party service providers, agents and other organizations we have engaged to perform any of the functions listed in clause 8.4(b)(i) above for us.
The consent you provide for the collection, use and disclosure of your Personal Data will remain valid until such time it is withdrawn by you in writing. You may withdraw consent by submitting your request in writing via email to our Data Protection Officer.
If you wish to make an access request for a copy of the Personal Data which we hold about you or information about the ways in which we use or disclose your Personal Data or make a correction request to correct or update any of your Personal Data, you may submit your request via email to our Data Protection Officer. A reasonable fee may be charged for an access request.
To safeguard your Personal Data from unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks, we have introduced measures to secure the Personal Data. You should however be aware that while security cannot be guaranteed, we strive to protect the security of your Personal Data.
You may contact our Data Protection Officer if you have any enquires or feedback on our Personal Data protection policies and procedures or if you wish to make any request: Steven Seow, [email protected]

8.5 Governing Law. Notwithstanding that Golden Agri-Resources Ltd is a company incorporated in the Republic of Mauritius, these Conditions shall be governed by, and construed in accordance with, the laws of Singapore, and you hereby submit to the exclusive jurisdiction of the courts of Singapore. You shall agree to take no action against us in the Republic of Mauritius or apply any law of Mauritius to these Conditions.