Terms of Use

This Terms of Use Agreement is effective as of 8 August 2017

The following Terms of Use (“Agreement”) govern your use of Finaxar.com (the “Site”) and/or any of the services (the “Services”) offered by Finaxar Pte. Ltd. (“Finaxar”) on and through our Site, including use of any the Site’s information and data, and participation in any public areas which may exist in the Site (the “Public Areas”). By accessing this Site and/or using the online services, you agree to be bound by the following terms and conditions. If you do not accept any of these terms or conditions, you must immediately discontinue your access of this Site and/or use of the online services.

Disclaimer

All information (hereinafter, the “Information”) posted on the Site is subject to change or removal without notice. Finaxar may make changes to the materials, products, features and services available at the Site at any time without notice. You may not use the Information for any commercial purpose, including without limitation:

  1. distribution (electronically or otherwise);
  2. resale; or
  3. display, etc.

The information and materials contained in or accessed through this Site are provided on an “as is” and “as available” basis and are of a general nature which have not been verified, considered or assessed by Finaxar in relation to the making of any specific investment, business, financial or commercial decision. Such information and materials are provided for general information only and you should seek professional advice at all times and obtain independent verification of the information and materials contained herein before making any decision based on any such information or materials.

Finaxar does not warrant the truth, accuracy, adequacy, completeness or reasonableness of the information and materials contained in or accessed through this Site and expressly disclaims liability for any errors in, or omissions from, such information and materials. No warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given in conjunction with such information and materials, or this Site in general.

Under no circumstances shall Finaxar be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this Site and/or using the online services even if Finaxar had been advised as to the possibility.

Use of Site

You may view and use the Site and/or any information contained therein only in accordance with the terms of this Agreement. You may not modify, distribute, publish, license, create derivative works from, transfer or sell any information or content contained on the Site. The Site may be used only as contemplated by this Agreement. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability all as determined by applicable law.

If you wish to use our Services, you will need to provide us with certain information, including information about your identity, finances, and business. You will also need to create a user ID and a password to protect your account information. With your permission, we may also access your banking information, obtain a credit report, retrieve bank account data, or collect other third party data about you (collectively, the “Personal Information”).

You may also invite friends or colleagues to use the Services through our referral program page. When you invite others to join Finaxar by using our referral page, we send them a one-time email for that referral. By using our referral program, you warrant

  1. to only send invitations to people you know;
  2. not to misrepresent your relationship with Finaxar or make any warranty or representation on behalf of Finaxar; and
  3. to comply at all times with this Agreement and applicable law.

As a registered user (“User”) of the Site, you represent and warrant that:

  1. you are 18 years of age or older;
  2. the Personal Information is true, accurate, current and complete;
  3. you will maintain and update Personal Information to keep it true, accurate, current, and complete; and;
  4. the Personal Information belongs to you and does not infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy rights of any third party; and
  5. you own or have obtained the right to all of the intellectual property rights subsisting in the Personal Information provided, and has the right to provide Finaxar the license granted herein to the Information.

Rules of Conduct

You agree and warrant that you will not (and will not permit any third party to) publish, post, transmit, transfer, distribute or upload any content data, information and/or materials on your User account or another User account, through the Site and/or Services which:

  1. is or may be false, indecent, misleading, untruthful or inaccurate;
  2. promotes or encourages, or may promote or encourage illegal activity (including the breach of any financial regulatory licensing requirements);
  3. is or may be racially or ethnically or otherwise offensive; constitutes or may constitute agitation against a minority (such as a national or ethnic group);
  4. constitutes or may constitute defamation; contains or may contain pornography or is in any other way sexually explicit;
  5. attacks or may attack sexual orientation or religion, or is or may be discriminating in any other way;
  6. may not be lawfully disseminated under applicable laws;
  7. you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with the App and/or the Services;
  8. is or may in any way be harmful, abusive, offensive or illegal; or
  9. infringes the rights of any third party (including intellectual property rights).

You agree and warrant that you will not (and will not permit any third party to):

  1. use the Site and/or the Services to defame, harass, discriminate or threaten another person/company or in any other way violate rights;
  2. distribute or reproduce all or any part of the Site and/or the Services;
  3. alter, disassemble, decompile or reverse engineer any part of the Site and/or the Services, unless explicitly permitted by mandatory law;
  4. use software that reads data on the Site and/or the Services automatically;
  5. use the Site and/or the Services to request or encourage other users to breach any provision of this Terms of Use and/or any terms and conditions applicable to the Site and/or the Services;
  6. abuse the Site and/or the Services;
  7. use the Site and/or the Services for any unlawful or unauthorized purpose or other than in conformance with the acceptable policies of any connected computer networks and any applicable Internet standards (which includes transmitting any computer viruses through the Site, or using the Site and/or the Services in a manner which violates or infringes the rights of anyone else); or
  8. use any software or material or upload any materials which contains a virus or damaging component which may corrupt the Site’s data or interfere with the operation of the Site and/or the Services.

Finaxar reserves the right to immediately remove any User materials or other content from the Site that Finaxar, at its sole discretion, deems to be in breach of this Terms of Use and/or any terms or conditions applicable to the Site and/or the Services, or otherwise harmful for Finaxar or its Users.

As a registered User, you hereby undertake to fully cooperate with Finaxar (including providing all requested information) to:

  1. facilitate Finaxar with the provision of the Services with respect to Users;
  2. enable Finaxar to comply with all applicable laws, regulations and other requirements; and
  3. enable Finaxar to comply with requests by any regulator and/or the Site under this Terms of Use and/or any term and conditions applicable to the Site and/or the Services.

You shall strictly comply with all applicable laws, treaties, ordinances, codes and regulations in your access and use of the Site and/or Services.

Limitations of Liability

In no event will Finaxar or other third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the Site, any Sites or other content linked to the Site, or any materials, information, product or service contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not Finaxar has been advised of the possibility of such loss or damages. If your use of the materials, Information or Services from the Site results in the need for servicing, repair of correction of equipment or data, you assume all costs thereof. For the avoidance of doubt, the User is responsible for maintaining and protecting all of the information provided, transmitted, uploaded, imported or made accessible by using the Site. Finaxar will not be liable for any loss or corruption of such information, or for any costs or expenses associated with backing up or restoring any of such information.

Privacy Policy

In addition to reviewing this Agreement, you should also review our (“Privacy Policy”), which is incorporated by reference into this Agreement, to better understand how we collect and use personal information. Your use of the Site and the Services constitutes your agreement to its terms and conditions.

Intellectual Property

The Site, all information and intellectual property referenced on the Site, including, without limitation, patents, copyrights, logos, trademarks and trade secrets are legally owned by Finaxar or third parties. These rights apply to the Information, computer code of the Site, graphical design, products, company names, etc. All contents of the Site are protected by copyright and trademark rights, except as specifically permitted herein.

Hyperlinks

Links on the Site to third-party Sites and/or software products (such as an invoicing or accounting software product that you are using) are provided as a convenience to you. If you use these links or software products, you might leave the Site. Some of the third parties’ software products may require you to have, and actually be signed-in to, an active user account for such third party software product.

Finaxar has not reviewed any of these third-party sites and/or the applications and/or software products and does not control and is not responsible and/or liable for any of these sites or their content. Therefore, Finaxar does not endorse or make any representations about them, or any information, software or other products or materials found on them, or any results that may be obtained from using them. If you decide to access any of the thirdparty Sites and/or applications and/or software products linked to the Site, you do this entirely at your own risk and Finaxar assumes no liability for such use.

Third Party Content, Systems and Transactions

The Site may contain, and/or the Services may provide, links to other websites or content on the Internet that are owned or operated by third parties. Unless we expressly say otherwise, you should assume that these other apps or websites are not under the control of Finaxar or our related corporations. We assume no responsibility and shall not be liable for any errors or other consequences arising from accessing or delays in accessing such apps, websites, content, or any actions taken in reliance thereon, and we disclaim liability for any and all forms of loss or damage arising out of the use of those apps, websites, and their content. Any link to another app, website or content featured on the Site does not constitute Finaxar’s endorsement, recommendation or verification of that other apps, websites or content. Under no circumstances shall it be construed that, in case of your access to and use of systems (including messaging systems), services, content, materials, products, applications or programmes of any third party (“Third Party Systems”), Finaxar is a party to any transaction, if any, between you and such third party or that Finaxar endorses, sponsors, certifies, or is involved in the provision of such Third Party Systems accessible at the Site or through the Services. Finaxar shall not be liable in any way for your access to and use of the systems or for any products obtained and/or purchased from or services rendered by any such third party, and you agree that the same shall be your esponsibility or that of the relevant third party.

You acknowledge and agree that you will be solely responsible for any access to or use of Third Party Systems through the Site or Services. If you access or use any Third Party Systems through the Site or Services, you must comply with the relevant terms and conditions for the access or the use of such Third Party Systems and be responsible for the registration and use of any user names or passwords required to connect to any Third Party Systems. In particular, should access to and use of Third Party Systems through the Site or Services be prohibited (whether in full or in part) by such third party terms and conditions, please discontinue any such access and use as soon as possible upon becoming aware of or receiving notice of such prohibition from the relevant third party.

You acknowledge and agree that Finaxar and its agents may, subject to your authorisation, receive data from Third Party Systems for the purposes of performing the Services. You hereby appoint Finaxar and its agents as your agent for the aforementioned purpose. In addition, each time you submit your user name or password to access or use your designated Third Party Systems for the specific purpose of providing Finaxar with access to your designated Third Party System, you shall be deemed to have authorised Finaxar and its agents to process your request and use information submitted by you and which is retrieved using your user name or password.

Ownership of the Site and Information

The Site is expressly owned and operated by Finaxar. Unless otherwise stated, the design and content features on the Site, including information and other materials, illustrations, product layout and design, icons, navigational buttons, images, artwork, graphics, photography, text, data, audio sound, software and the like, as well as the selection, assembly and arrangement thereof (collectively: the “Information”), are owned by Finaxar, its affiliates or are licensed by Finaxar from third parties. The Site, each as a whole and in part, and the Information is protected by copyright, trademark, service mark, logos, trade names, and other intellectual property and other proprietary rights, and all other applicable rights are reserved and the User shall abide by those laws. By furnishing Information, Finaxar does not grant any licenses to or transfer any title rights for any copyrights, patents or any other intellectual property rights. Save and except with Finaxar’s prior written consent, you may not insert a hyperlink to this Site or any part thereof on any other Site or “mirror” or frame this Site, any part thereof, or any information or materials contained in this Site on any other server, Site or webpage.

Representations and Indemnification

Users

You represent, warrant and fully understand and agree that the provision of the Site and the Services are not:

  1. a representation that Finaxar has performed any due diligence on any User; or
  2. a representation by Finaxar that any information provided by the User is complete, accurate, clear, fair and not misleading.

The use or reliance on any such information is at your own risk and Finaxar shall not be liable for any losses arising from or incurred by you in connection therewith. Finaxar is not responsible or liable for the accuracy and completeness of any such information and for the performance or outcome of any investment made by you after receipt of such information.

You agree that you are solely responsible for the use of the Services and agree to be solely liable for all consequences arising therefrom.

You shall be liable for any damage caused to Finaxar or any third party due to your breach of this Terms of Use and/or any terms and conditions applicable to the Site and/or Services, including the access to or use of the Site and/or Services in breach of this Terms of Use and/or any terms and conditions applicable to the Site and/or Services. Furthermore, you agree to fully indemnify Finaxar and hold Finaxar harmless from and against all claims, costs (including reasonable legal costs), damages, expenses, liabilities and losses that Finaxar may sustain or incur, directly or indirectly, by reason of our having:

  1. made available the Site and/or Services to you;
  2. entered into this Terms of Use or other Finaxar agreements with you;
  3. enforced or attempted to enforce our rights under this Terms of Use or other Finaxar agreements with you; or
  4. acted upon any instructions which you may give in relation to the Site and/or Services, or any negligence, fraud and/or misconduct on your part or your breach of this Terms of Use and/or any terms and conditions applicable to the Site and/or Services.

Finaxar’s liability

The Site and Services are provided on an ‘as is’ and ‘as available’ basis. Finaxar does not make any warranty or representation (express or implied or otherwise) as to the accessibility, quality, suitability, accuracy, adequacy or completeness of the Site and/or Services, and expressly disclaims any liability for errors, delays or omissions in the Site and/or Services, as well as for any action taken in reliance on the Site and/or Services. No warranty of any kind, implied, express or statutory, including the warranties of noninfringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the Site and/or Services. Further, no warranty is given that the Site and/or Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.

There are situations when the Site and/or Services will be inaccessible, unavailable, or disrupted, including:

  1. necessary maintenance;
  2. circumstances outside the control of Finaxar (i.e., external causes such as net access failure, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship); and
  3. modification, upgrading, suspension, discontinuation of the provision of or removal of the Site and/or Services (whether in whole or in part), from time to time and without Finaxar giving any reason or prior notice.

Finaxar shall not be liable for any such inaccessibility, unavailability and/or disruption. Finaxar does not guarantee that any identified defects, errors and/or faults will be corrected. In the event where the Site and/or Services is/are inaccessible, unavailable, or disrupted, you may still view the balance on your User Account by e-mailing

Finaxar does not warrant the security of any information transmitted by or to you through the Site and/or Services. You accept the risk that any information transmitted or received through the Site and/or Services may be accessed by unauthorised third parties and/or disclosed by Finaxar to third parties purporting to be you or purporting to act under your authority. Transmission over the Internet and e-mail may be subject to interruption, transmission blackout, delayed transmission due to Internet traffic or incorrect data transmission due to the public nature of the Internet.

You acknowledge and agree that user authentication on the Internet is generally difficult to establish, and hereby accept the risk that online activities may be subject to fraudulent or deceptive activity. Finaxar does not warrant and/or confirm:

  1. each User’s purported identity; and
  2. that Users have not misused the usernames or passwords; or
  3. that Users have complied, fully or otherwise, with this Terms of Use or any terms and conditions applicable to the Site and/or Services.

Finaxar consequently will not be held liable where there is a dispute or claim involving or relating to the identity of any User.

The Security of the Site

We maintain physical, electronic, and procedural safeguards and personnel policies, consistent with applicable laws that are designed to guard the Site, our systems and Information provided by our Users. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your personal information, we will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.

Electronic Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or posted on the Site satisfy any legal requirement that such communications be in writing if such requirements are applicable.

On your side, unless you otherwise inform us, we will communicate with any person who is, or appears to be from the office or institution by which we were initially contacted, unless you specifically request otherwise.

Miscellaneous

Relation between the User and Finaxar

The User agrees that no joint venture, partnership, or employment or agency relationship exists between the User and Finaxar as a result of this Agreement and/or the User’s use of the Site.

Severability

In the event that any of these provisions are found to be or become unlawful, invalid or otherwise unenforceable, that provision is to be deemed severed from this Terms of Use and shall not affect the legality, validity and enforceability of the remaining provisions of this Terms of Use. This Terms of Use shall continue in force as if such unlawful, invalid or unenforceable provision was severed from this Terms of Use. This clause shall apply only within jurisdictions where a particular term is illegal.

No Waiver

Any failure or delay by yourself or Finaxar in exercising or enforcing any right or remedy contained in this Terms of Use does not constitute a waiver by the party responsible for such delay or failure. It shall also not constitute a bar to the exercise or enforcement at any subsequent time or times. Waiver of any right arising from a breach or non-performance of this Terms of Use or arising upon default under this Terms of Use shall be in writing and executed by the party against whom it is being enforced.

Assignment

The User may not assign any part of its rights and obligations under this Agreement without Finaxar’s prior written consent.

Notices

You may contact Finaxar Pte. Ltd. at

8 Wilkie Rd, #03-01
Singapore 228095
Republic of Singapore

All notices between you and Finaxar provided for or permitted under this Terms of Use or by law shall be in writing and shall be deemed duly served when:

  1. delivered, if delivered by courier or other messenger (including registered mail) during normal business hours of the recipient;
  2. when sent, if transmitted by fax or e-mail;
  3. on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or
  4. on the tenth business day following mailing, if mailed by airmail, postage prepaid;
  5. in each case addressed to the most recent address, e-mail address, or facsimile number notified to you or Finaxar.

Changes to Agreement and Additional Rules of Usage

Finaxar reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. If we vary or update this Terms of Use, we will publish a new version on the Site, and as soon as you access or use the Site after the new version has been published, you will be deemed to have agreed to any changes or revisions to this Agreement. Nevertheless, you will still be bound by the terms of any previous versions to which you have agreed or been deemed to agree. If there is a conflict or inconsistency between the terms and conditions of two or more versions of this Terms of Use to which you have agreed and/or been deemed to agree, the terms and conditions in the most recent version shall take precedence unless it is expressly stated otherwise. If you do not accept the varied or updated version, you should stop accessing or using of the Site and terminate this Terms of Use. Finaxar’s right to vary or update this Terms of Use in the manner aforesaid may be exercised without the consent of any person or entity who is not a party to this Terms of Use. Accordingly, you should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at the Site.

Finaxar also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of the Site, which may be posted in the relevant parts of the Site, and will be identified. Your continued use of the Site constitutes your agreement to comply with these additional rules.

Entire Agreement

This Terms of Use constitutes the entire agreement between the User and Finaxar, relating to the provisions set out in this Terms of Use. This Terms of Use supersedes all prior communications, contracts, or agreements, written or oral, between the User and Finaxar with respect to the provisions set out in this Terms of Use.

Jurisdiction and Governing Law

By accessing this Site and/or using the online services, you agree that such access and/or use, as well as this Agreement shall be governed by, and construed in accordance with the laws of Singapore, and you agree to submit to the non-exclusive jurisdiction of the Singapore courts.

Finaxar makes no representation that the content, the Information, or the Services offered through the Site are appropriate, available or legal in any particular location. Those who choose to access the content, the Information, and the Services offered through the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Those who access the Site from locations outside Singapore are responsible for compliance with applicable local laws. Any claim relating to the Site or use of the Site or the Services will be governed by and interpreted in accordance with the laws of the Singapore, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Site will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the courts of Singapore.

The User understands and agrees that, in addition to monetary damages, Finaxar shall be entitled to equitable relief where appropriate upon The User’s breach of any portion of this Agreement.

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