01 User Agreement
The terms “we,” “us,” “our,” refer to the Company and its affiliates collectively.
03 Additional Terms & Policies
04 Account & User Details
4.2 Any actions taken, transactions, commitments made through an Account will be held against the user of the account, and we will not be held responsible for any mistakes or illegal usage of an account.
4.3 If you suspect your account, login details, password or other security feature is stolen, lost, used without authorisation or otherwise compromised, you are advised to change your password. We rely on users to inform us immediately in order to help them take the appropriate remedies and mitigate damage in the event of unauthorized usage of their accounts.
05 User Restrictions
5.2 If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services, and that business or entity accepts these terms.
06 User Verification & Checks
In accordance with applicable laws, users and/or their customers may be subject to necessary security and customer due diligence checks in connection with their use of the Services, including without limitation, a verification of identity and criminal background checks. You hereby give your consent for us to perform such verification and background checks in the manner and frequency as we deem reasonably necessary so long as such is performed in compliance with applicable law. Furthermore, any illegal activities will render your privacy protections invalid and we will submit to the relevant authorities such information required by them for compliance with applicable law.
Even though we may conduct such checks, we cannot unequivocally confirm the identity of each user.
As such, we do not assume any liability for the accuracy or reliability of such checks or any information provided through the Services.
07 Ownership, Access Rights & Usage Restrictions
The Platform and the Services and all intellectual property rights contained therein are owned by us, our licensors or both (as applicable). Intellectual property rights include rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and/or our licensors reserve all of our and their rights in any intellectual property in connection with the Platform and the Services. You acknowledge such ownership of the intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with our and our licensors’ ownership the intellectual property rights to the Platform and the Services.
08 Provision Against Prohibited Activities
You agree not to use the Platform or Services other than for purposes related to application(s) for loan(s) or funding from participating financial institutions. Specifically, you agree not to (i) violate or infringe upon the rights of others in any way, including without limitation rights of privacy, publicity and intellectual property, (ii) violate or facilitate the violation of any law, regulation or ordinance or to encourage others to violate any of the same, (iii) send unsolicited communications of any type or nature, including without limitation to contact users or others for employment, contracting or any purpose not related to the use of the Services as set forth herein, (iv) transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, tortious, hateful, libellous, indecent or otherwise offensive or objectionable materials or information, (v) falsify your identity or impersonate another person; or (vi) engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
In addition, you agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Services, in whole or in part, except as expressly permitted by us; (2) post any software, links or content that directly or indirectly contains viruses, corrupted files or any other similar mechanism that may adversely affect the operation of the Platform or its Services; (3) connect, use, attempt to connect or use in any way the Services, for purposes other than your private, personal use as explicitly offered on the Platform; (4) link to, mirror or frame any portion of the Platform except as expressly permitted by us; (5) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services; (6) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform or Services; (7) attempt to gain unauthorized access to or impair any aspect of the Platform or Services or its related systems or networks; or (8) remove any copyright, trademark or other proprietary notices from any portion of the Platform or Services. Finally, you may not authorize or assist any third party to do any of the things described in this Section. By breaching this provision, you may be guilty under the laws of Hong Kong. We will report any such breach to the relevant government authorities and/or law enforcement agencies and co-operate with such authorities/agencies by disclosing your identity to them. In the event of such breach, your right to use our Services will cease immediately.
09 Termination/Suspension of Usage Rights
10 User Content
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content on the Platform (“User Content”). By making available any User Content on or through the Platform, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote, market or advertise the Platform or Service, or for any other purpose in our sole discretion, except that private messaging through the Platform will not be used by us in public advertising or marketing material. For the avoidance of doubt, the license granted to us shall survive termination of the Platform or your account. With the exception of your feedback or comments, we do not claim ownership rights in your User Content.
The following types of content are not allowed on our Platform:
• Content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; and
• Content that contains any viruses and/or other code that has contaminating or destructive elements.
We reserve the right to define the above guidelines and add more restrictions. You are encouraged to
use their common sense and discretion while following the above guidelines. We also hold no responsibility for user actions or content and hold the right to remove any User Content which violates our guidelines.
11 Third Party Services
Our Services may contain links to participating financial institutions and/or third-party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any participating financial institution or third-party web sites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
You are responsible for deciding if you wish to access the websites of such participating financial institutions or third parties by clicking on a link or installing an application. The inclusion of any link or application on the Platform does not imply that we endorse the linked site or application. Your use of the links and access to the websites of such participating financial institutions or third-parties shall be at your own risk and you agree that your use of an application or third-party website via the Platform is on an “as is” and “as available” basis without any warranty for any purpose.
Additional terms and conditions of participating financial institutions or third-party service providers may apply to your transactions. Please read these additional terms and conditions carefully. You acknowledge and accept that a participating financial institution and/or third-party service provider may change, modify or discontinue, temporarily or permanently, any services provided to you without notice to you and we shall not be liable or responsible for such change, modification, suspension and/or discontinuance of services.
12 User Disputes
We reserve the right, but do not have the obligation, to monitor or take any action we deem appropriate regarding disputes between you and any participating financial institutions and/or service providers. We urge parties to cooperate with each other to promptly resolve any such disputes. Should we be forced to step in, all parties agree to accept our decision as final and binding.
13 PROVISION AGAINST WARRANTY
The Services and Platform are provided “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, security, and effort lies with you. To the maximum extent permitted by applicable law, neither we nor our officers, directors, employees, partners, agents, and related entities make any representations, warranties or conditions, express or implied about our Services or the Platform. We disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (i) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title and non-infringement, (ii) warranties or conditions arising through course of dealing or usage of trade, and (iii) warranties or conditions that access to or use of the Platform and/or the Services will be uninterrupted or error-free. We do not warrant that the Platform or Services will operate error-free or that the Platform or its server are free of computer viruses or other harmful mechanisms. You understand and agree that you download or otherwise obtain material or data through the use of the Platform or Services at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. If your use of the Platform or the Services results in the need for servicing or replacement of equipment or data, we are not responsible for those costs.
We cannot and do not warrant that your materials, including any personal or financial information, supplied by you will not be intercepted, deleted, misappropriated or used by others. We do not warrant any recommend or endorse any particular participating financial institution or service provider. While we shall use all reasonable efforts to have your application processed expeditiously, you acknowledge that we have no control over the processes and decisions of the participating financial institutions and cannot be responsible for any rejection or delays in loan approval or closing or for any other matters beyond our reasonable control. For the avoidance of doubt, in no event will we be liable for the online or offline conduct of a user and you hereby release us from any liability relating to such. If a dispute arises between you and one or more participating financial institutions and/or service providers or users, you shall release us from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14 LIABILITY LIMITATION & REMEDY
16 Legal Claims
In the interest of resolving all legal claims expeditiously, you hereby agree that all legal claims must be filed within six (6) months after the cause of action has occurred failing which the claims shall be deemed to be extinguished and we shall not be held liable.
17 International Usage
The Platform and the Services are directed to residents of Hong Kong. Those who choose to access the Platform or use the Services from outside of Hong Kong do so at their own risk and may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Platform. You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Platform. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from Hong Kong.
18 Electronic Communications
The very nature of the Services provides communications between you and us by any electronic means (e.g., via the Platform, email, text message). For purposes of forming a legally binding agreement, you consent to receive communications from us in electronic form and agree that all terms and conditions, agreement, notices, disclosures and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.