The following describes the terms on which GT Group (Private) Limited (“Finko”) offers you the services and access to the information, communications, compilations, images, software, text, graphics, messages and other materials offered, supplied, produced, provided and/or delivered on www.finko.com.sg (the “Site”), from time to time for your use but only for the lawful purposes described herein.
By accessing or using the Site, you agree to be bound by the terms and conditions, and any other policies, rules and regulations as may be imposed and/or required by Finko from time to time which are incorporated herein by reference, as set forth below (collectively referred to as this “Agreement”). For the purposes of these terms and conditions, the term “Site” shall include all services, information, communications, compilations, images, software, text, graphics, messages and all other materials supplied by Finko to you, whether posted on the Site or otherwise offered, supplied, produced, provided and/or delivered to you whether by way of electronic communications in the form of electronic mails, short-message-send text messages, or any other such method or technology whether now known or hereafter developed.
Finko reserves the right to revise, withdraw or make changes to these terms and conditions and the Site, in whole or in part, at any time. All revisions, withdrawal and/or changes will be posted on the Site and all such revisions, withdrawals and/or changes shall automatically be effective once they are posted on the Site.
Use of Site
Some of the services offered on the Site are only available to parties who have registered as registered users of the Site with Finko and using the application forms available and posted on the Site, in accordance with the provisions of this Agreement and you warrant that all information provided by you, including all information provided in the application form(s) is true, correct and complete and you have the capacity and power to enter into this Agreement and use the services provided on the Site. You acknowledge and consent to Finko collecting and using certain personally identifiable information provided by you for various purposes including without limitation verification and record of your personal particulars including comparing it with information from other sources, to communicate with you and/or to send you information, promotions and updates including marketing and advertising materials in relation to our goods and services and those of third party organisations selected by us.
All content (including without limitation all text, photographs, graphics, video and audio content) located on the Site is the exclusive property of Finko or its content suppliers and protected by Singapore and international copyright and trademark laws. You may download materials displayed on the Site for your own personal and non-commercial use only but you must retain all copyright and proprietary notices on the downloaded and/or copied material. Save as specifically permitted hereunder, and except for any materials that you have posted on the Site, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of this Site for any purpose, except that you may download material from the Site for your own personal use as follows: you may make one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only and provided that all copyright and proprietary notices on such material shall be retained in whole. Without limiting the generality of the foregoing, you may not distribute any part of this Site over any other website or any network, including a local area network, nor sell or offer it for sale. In addition, these files may not be used to construct any kind of database.
The Site has been specially designed and compiled for presentation of content in a unique format and appearance to Finko’s users. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Finko and protected by Singapore and international copyright laws. All software used on the Site is the property of Finko or its software suppliers and protected by Singapore and international copyright laws. Finko is concerned about the integrity of the Site when it is viewed in a setting created by a third party that includes advertising or other materials that Finko has not authorized to be displayed with the Site. Without limiting the foregoing provisions, neither you nor any third party shall make use of the contents of the Site in any manner that constitutes an infringement of Finko’s rights, including copyright.
Finko provides the facilities on the Site to permit you to submit, amongst others, materials, information, articles, photographs, text, graphics, video and/or audio content (“Your Information”) to Finko or to the Site directly. You are solely responsible for Your Information. With respect to Your Information:
a. Your Information (or any materials contained therein): (a) shall not be false, inaccurate or misleading; (b) shall not be false, fraudulent, inaccurate, incorrect or untrue; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) shall not be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or anything adult in nature or harmful to minors; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for Finko or cause Finko to lose (in whole or in part) the services of Finko’s ISPs or other suppliers. Furthermore, you may not submit any of Your Information on the Site that could cause Finko to violate any applicable law, statute, ordinance or regulation.
Certain data transmissions between your computer and the Site are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. While Finko will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, Finko does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error.
The trade marks, service marks and logo (the "Trade Marks") used and displayed on the Site are the registered and/or unregistered Trade Marks of Finko, its affiliates or its licensors. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trade Marks displayed on the Site, without the written permission of Finko.
Finko, its affiliates and licensors aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Finko or the Trade Marks may not be used in any way, including in advertising or publicity pertaining to the distribution of Your Information on the Site, without prior written permission of Finko. Finko prohibits use of the Trade Marks as a "hot" link or inlink to any Finko site or any other site unless establishment of such a link is approved in advance by Finko in writing.
Finko shall have the right, but not the obligation, to monitor the content on the Site, including chat rooms and forums, and Finko shall have the right to remove or delete any material (including Your Information) that Finko, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. Finko shall have the right to remove any material (including Your Information) submitted to or posted on the Site. Without limitation to the foregoing, Finko shall have the right to remove any material (including Your Information) that Finko, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefore.
Finko reserves the right to terminate your use of the Site if it believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, violated the rights of Finko or any third party, or for any other reason whatsoever with or without notice to you. You agree that Finko may modify or discontinue this website, with or without notice to you, and that Finko will not be liable to you or any third party as a result of such modification or discontinuation.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the content contained herein without Finko’s prior express written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Finko’s infrastructure. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Finko by Finko’s users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Finko or the appropriate third party.
Finko shall not be responsible for any connection or access to the Site by you or the quality of the transmission of any information passing between you and the Site. You will be responsible for providing your own communications equipment to access the Site via the Internet, and the Internet access charges thereon.
The Site is available on an “as is where is” basis. Finko does not warrant that the Site will be uninterrupted or error-free. There may be delays, omissions, interruptions and inaccuracies in the news, information or other materials available through the Site. Finko shall not be responsible for the availability or content of other services that may be linked to the Site. Finko does not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to the Site or any information or goods that are available or advertised or sold through the Site. Finko does not make any representations, nor does Finko endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed in the Site or available though links in the Site. Finko reserves the right to correct any errors or omissions in the Site. Although Finko intends to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials to the Site, Finko does not guarantee or warrant that the Site or materials that may be downloaded from the Site do not contain such destructive features. Finko is not liable for any damages or harm attributable to such features. If you rely on the Site and any materials available through the Site, you do so solely at your own risk.
Finko, its employees, subsidiaries, affiliates, associates and related corporations make no warranty and hereby disclaim all and any warranty, express or implied (to the extent permitted by law) (1) in respect of the use, security, accuracy, reliability, timeliness, non-infringement, satisfactory quality or fitness for any particular purpose of the content or of the use of the site; (2) in respect of harm arising from downloading or accessing any information or material through the site, including without limitation, harm caused by viruses or similar contamination or destructive features, whether or not known; and (3) that the content and any functions associated therewith will be uninterrupted or error-free or that the site and its server will be free of all viruses and/or other harmful elements.
In no event shall Finko, its employees, subsidiaries, affiliates, associates and related corporations be liable to you and/or to any party for any damages, expenses, claims, costs or losses of any kind, including without limitation, incidental, indirect, consequential, special, punitive or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, (other than for death or personal injury resulting directly from your use of the site caused in whole by Finko’s negligence) arising out of any legal claim (whether in contract, tort or otherwise), your use of or inability to use the site, the content of the hyperlinks, including but without limitations, special, incidental, indirect or consequential damages. Any claim against Finko shall be limited to the amount you paid, if any, for use of the site.
You agree to indemnify and hold harmless Finko, its directors, officers, shareholders, parents, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of these terms and conditions and/or any other regulations or requirements of Finko. Finko reserve the right to take over the exclusive defense of any claim for which Finko is entitled to indemnification under this section. In such event, you shall provide Finko with such cooperation as is reasonably requested by Finko.
These Terms and Conditions shall be governed by the laws of the Republic of Singapore and any dispute arising out of the use of the Site shall be deemed to have taken place in Singapore and shall be referred by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force which rules are deemed to be incorporated by reference into these terms and conditions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises or will forever be barred.
Waiver / Severability
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced. Any failure to act by Finko with respect to any breach by you or others of any of the provisions of these terms and conditions does not waive Finko’s right to act with respect to subsequent or similar breaches.
You hereby expressly agree and acknowledge:
a. that all electronic communications made pursuant to this Agreement and/or use of the Site shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
b. not to contest the legally binding nature, validity or enforceability of any transaction on the Site on the ground that it was entered into electronically;
c. to expressly waive any and all rights you may have to assert any such claims and shall comply with all relevant laws concerning electronic communications; and
d. not to assume a false identity or the identity of some other member when using the Site or transmit libellous, harassing, vulgar or otherwise objectionable messages through the Site; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use the Site for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).
Reservation of Rights
All rights not expressly granted herein are reserved.