TERMS AND CONDITIONS
Last
updated
February 08, 2024
These Terms of Use constitute a
legally
binding
agreement made between you, whether personally or on behalf of an entity
(“you”)
and
Fund
Express Pte Ltd
("
Company
", “we”,
“us”, or “our”), concerning your
access to and
use of
the https://www.fundex.com.sg
website as
well as any other media form, media channel, mobile website or mobile
application
related, linked, or otherwise connected thereto (collectively, the
“Site”).
You agree that by accessing the Site, you have read,
understood,
and
agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF
THESE
TERMS OF
USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST
DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and
conditions or
documents that may
be posted on the Site from time to time are hereby expressly
incorporated herein
by
reference. We reserve the right, in our sole discretion, to make changes
or
modifications to these Terms of Use
at any
time and
for any reason. We will
alert you
about
any changes by updating the “Last updated” date of these Terms of Use,
and you
waive any
right to receive specific notice of each such change. Please ensure that
you
check the
applicable Terms every time you use our Site so that you understand
which Terms
apply.
You will be subject to, and will be deemed to have been made aware of
and to
have
accepted, the changes in any revised Terms of Use by your continued use
of the
Site
after the date such revised Terms of Use are posted.
The information provided on the
Site is
not intended for
distribution to or use by any person or entity in any jurisdiction or
country
where such
distribution or use would be contrary to law or regulation or which
would
subject us to
any registration requirement within such jurisdiction or country.
Accordingly,
those
persons who choose to access the Site from other locations do so on
their own
initiative
and are solely responsible for compliance with local laws, if and to the
extent
local
laws are applicable.
The
Site is intended for users who are at least 18
years
old.
Persons under the age
of 18 are not permitted to use or register for
the Site.
2. INTELLECTUAL
PROPERTY RIGHTS
Unless otherwise
indicated, the Site is our proprietary property and all source code,
databases,
functionality, software, website designs, audio, video, text,
photographs, and
graphics on the Site (collectively, the “Content”) and the trademarks,
service
marks, and logos contained therein (the “Marks”) are owned or controlled
by us
or
licensed to us, and are protected by copyright and trademark laws and
various
other intellectual property rights and unfair competition laws of the
United
States, international copyright laws, and international conventions. The
Content
and the
Marks are provided on the
Site “AS IS” for your information and personal use only. Except as
expressly
provided in
these Terms
of Use, no part of the Site and no Content or Marks may be copied,
reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you
are eligible to use the Site, you are granted a limited license to
access and
use the Site and to download or print a copy of any portion of the
Content to
which you have properly gained access solely for your personal,
non-commercial
use. We reserve all rights not expressly granted to you in and to the
Site, the
Content
and the Marks.
By using the Site, you represent
and
warrant
that:
(1)
all
registration information you submit
will be true, accurate, current, and complete;
(2)
you
will
maintain the accuracy of such information and
promptly
update
such registration information as
necessary;
(3) you have the legal
capacity
and you
agree to comply with these Terms of Use;
(4) you are not a
minor in the jurisdiction in which you reside
; (5) you will not
access
the Site
through automated or non-human means, whether through a bot,
script or
otherwise; (6) you will not
use the
Site for
any illegal or unauthorized
purpose; and (7) your use of
the Site
will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate,
not
current, or
incomplete, we have the right to suspend or terminate
your
account and
refuse any and all current or future use of the Site (or
any
portion
thereof).
You
may be required to register with the
Site. You
agree to
keep your password confidential and will
be
responsible
for all use of your account and
password. We
reserve the
right to remove, reclaim, or change a
username
you
select if we determine, in our sole
discretion,
that
such username is inappropriate, obscene,
or
otherwise
objectionable.
We’re
required by law to carry out security and
customer due diligence checks on you in order to
provide any services to you.
You agree to cooperate with all requests made by
us or any of our third party service providers
in relation to your registration details, to
identify you, authenticate your identity, or
validate your funding sources or transactions.
We may close, suspend, or limit access to the
Site if we’re unable to obtain or verify such
information. You also agree to authorise us –
directly or through our third party service
providers – to make any enquiries we consider
necessary to validate your identity. Some
examples include: asking for your date of birth,
driver’s licence or such other information to
help us to identify you, and may also involve
some assistance on your part, such as taking
steps to confirm ownership of the contact number
or payment instruments linked to the Site.
We make every effort to display as
accurately as
possible the colors, features, specifications,
and
details of
the products available on the Site. However, we
do not
guarantee
that the colors, features, specifications, and
details
of the
products will be accurate, complete, reliable,
current,
or free
of other errors, and your electronic display may
not
accurately
reflect the actual colors and details of the
products.
All products are subject to availability
,
and we cannot guarantee that items will be in
stock
. We reserve the right to
discontinue any products at any time for any reason. Prices for all
products
are subject to change.
We accept the following forms of
payment:
You agree to provide current,
complete,
and accurate
purchase and account information for all purchases made via the Site.
You
further agree
to promptly update account and payment information, including email
address,
payment
method, and payment card expiration date, so that we can complete your
transactions and
contact you as needed. Sales tax will be added to the price of purchases
as
deemed
required by us. We may change prices at any time. All payments shall
be in
Singapore dollars.
You agree to pay all charges at
the
prices then in
effect for your purchases and any applicable shipping fees, and you
authorize us
to
charge your chosen payment provider for any such amounts upon placing
your
order.
We reserve the right to correct
any errors or mistakes in pricing, even if we have already
requested or
received payment.
We reserve the
right to refuse any order placed through the Site. We may, in our sole
discretion, limit
or
cancel quantities purchased per person, per household, or per order.
These
restrictions
may include orders placed
by or under the same customer account, the same payment method, and/or
orders
that use the same billing or shipping address. We reserve the right to
limit or
prohibit
orders that, in our sole
judgment, appear to be placed by dealers, resellers, or
distributors.
All
sales are final and no refund will be
issued.
You
may
not access or use the Site for any purpose other than that for
which we
make the
Site available. The Site may not be used in connection with any
commercial
endeavors except those that are specifically endorsed or
approved by
us.
As
a user of the Site, you agree not
to:
-
Systematically
retrieve data or other content
from the
Site to
create or compile, directly or
indirectly, a
collection, compilation,
database, or
directory
without written permission from
us.
-
Trick,
defraud,
or
mislead
us
and
other
users,
especially
in
any
attempt
to learn
sensitive
account
information
such
as user
passwords.
-
Circumvent,
disable,
or
otherwise
interfere
with
security-related
features
of the
Site,
including
features
that
prevent
or
restrict
the
use or
copying
of any
Content
or
enforce
limitations
on
the use
of the
Site
and/or
the
Content
contained
therein.
-
Disparage,
tarnish,
or
otherwise
harm, in
our
opinion,
us
and/or
the
Site.
-
Use
any
information
obtained
from the
Site in
order
to
harass,
abuse,
or
harm
another
person.
-
Make
improper
use of
our
support
services
or
submit
false
reports
of
abuse or
misconduct.
-
Use
the Site
in a
manner
inconsistent
with any
applicable
laws
or
regulations.
-
Engage
in
unauthorized
framing
of or
linking
to
the
Site.
-
Upload
or
transmit
(or
attempt
to
upload
or to
transmit)
viruses,
Trojan
horses,
or other
material,
including
excessive
use of
capital
letters
and
spamming
(continuous
posting
of
repetitive
text),
that
interferes
with
any
party’s
uninterrupted
use and
enjoyment
of the
Site or
modifies,
impairs,
disrupts,
alters,
or
interferes
with the
use,
features,
functions,
operation,
or
maintenance
of
the
Site.
-
Engage
in any
automated
use of
the
system,
such
as
using
scripts
to
send
comments
or
messages,
or
using
any data
mining,
robots,
or
similar
data
gathering
and
extraction
tools.
-
Delete
the
copyright
or
other
proprietary
rights
notice
from any
Content.
-
Attempt
to
impersonate
another
user or
person
or use
the
username
of
another
user.
-
Upload
or
transmit
(or
attempt
to
upload
or to
transmit)
any
material
that
acts as
a
passive
or
active
information
collection
or
transmission
mechanism,
including
without
limitation,
clear
graphics
interchange
formats
(“gifs”),
1×1
pixels,
web
bugs,
cookies,
or
other
similar
devices
(sometimes
referred
to
as
“spyware”
or
“passive
collection
mechanisms”
or
“pcms”).
-
Interfere
with,
disrupt,
or
create
an undue
burden
on the
Site or
the
networks
or
services
connected
to
the
Site.
-
Harass,
annoy,
intimidate,
or
threaten
any of
our
employees
or
agents
engaged
in
providing
any
portion
of the
Site to
you.
-
Attempt
to
bypass
any
measures
of the
Site
designed
to
prevent
or
restrict
access
to the
Site, or
any
portion
of
the
Site.
-
Copy
or adapt
the
Site’s
software,
including
but
not
limited
to
Flash,
PHP,
HTML,
JavaScript,
or other
code.
-
Except
as
permitted
by
applicable
law,
decipher,
decompile,
disassemble,
or
reverse
engineer
any of
the
software
comprising
or
in any
way
making
up a
part of
the
Site.
-
Except
as may
be the
result
of
standard
search
engine
or
Internet
browser
usage,
use,
launch,
develop,
or
distribute
any
automated
system,
including
without
limitation,
any
spider,
robot,
cheat
utility,
scraper,
or
offline
reader
that
accesses
the
Site, or
using
or
launching
any
unauthorized
script
or
other
software.
-
Use
a buying
agent
or
purchasing
agent
to make
purchases
on the
Site.
-
Make
any
unauthorized
use of
the
Site,
including
collecting
usernames
and/or
email
addresses
of users
by
electronic
or other
means
for the
purpose
of
sending
unsolicited
email,
or
creating
user
accounts
by
automated
means or
under
false
pretenses.
-
Use
the Site
as part
of any
effort
to
compete
with
us or
otherwise
use the
Site
and/or
the
Content
for any
revenue-generating
endeavor
or
commercial
enterprise.
10. USER
GENERATED
CONTRIBUTIONS
The
Site
does
not
offer
users
to
submit
or
post
content.
We
may
provide
you
with
the
opportunity
to
create,
submit,
post,
display,
transmit,
perform,
publish,
distribute,
or
broadcast
content
and
materials
to
us
or
on
the
Site,
including
but
not
limited
to
text,
writings,
video,
audio,
photographs,
graphics,
comments,
suggestions,
or
personal
information
or
other
material
(collectively,
"Contributions").
Contributions
may
be
viewable
by
other
users
of
the
Site
and
through
third-party
websites.
As
such,
any
Contributions
you
transmit
may
be
treated
in
accordance
with
the
Site
Privacy
Policy.
When
you
create
or
make
available
any
Contributions,
you
thereby
represent
and
warrant
that:
- The
creation, distribution, transmission, public
display, or
performance, and the accessing, downloading, or
copying
of your
Contributions do not and will not infringe the
proprietary
rights, including but not limited to the
copyright,
patent,
trademark, trade secret, or moral rights of any
third
party.
- You are the
creator and owner of or have the necessary
licenses,
rights,
consents, releases, and permissions to use and
to
authorize us,
the Site, and other users of the Site to use
your
Contributions
in any manner contemplated by the Site and these
Terms
of
Use.
- You have
the written consent, release, and/or permission
of each
and
every identifiable individual person in your
Contributions to
use the name or likeness of each and every such
identifiable
individual person to enable inclusion and use of
your
Contributions in any manner contemplated by the
Site and
these
Terms of Use.
- Your
Contributions are not false, inaccurate, or
misleading.
- Your
Contributions are not unsolicited or
unauthorized
advertising,
promotional materials, pyramid schemes, chain
letters,
spam,
mass mailings, or other forms of
solicitation.
- Your
Contributions are not obscene, lewd, lascivious,
filthy,
violent, harassing, libelous, slanderous, or
otherwise
objectionable (as determined by
us).
- Your
Contributions do not ridicule, mock, disparage,
intimidate, or
abuse anyone.
- Your
Contributions are not used to harass or threaten
(in the
legal
sense of those terms) any other person and to
promote
violence
against a specific person or class of
people.
- Your
Contributions do not violate any applicable law,
regulation, or
rule.
- Your
Contributions do not violate the privacy or
publicity
rights of
any third party.
- Your
Contributions do not violate any applicable law
concerning child
pornography, or otherwise intended to protect
the health
or
well-being of minors;
- Your
Contributions do not include any offensive
comments that
are
connected to race, national origin, gender,
sexual
preference,
or physical handicap.
- Your
Contributions do not otherwise violate, or link
to
material that
violates, any provision of these Terms of Use,
or any
applicable
law or regulation.
Any
use of the Site or the Marketplace
Offerings in
violation of the foregoing violates
these Terms
of Use
and may result in, among other things,
termination or
suspension of your rights to use the
Site and
the
Marketplace Offerings.
You
and
Site agree that we may access, store, process, and use any
information
and
personal data that you provide following the terms of the
Privacy Policy
and
your choices (including settings).
By
submitting
suggestions or other feedback regarding the Site, you agree that we can
use and
share
such feedback for any purpose without compensation to you.
We
do
not assert any ownership over your Contributions. You retain
full
ownership of
all of your Contributions and any intellectual property rights
or other
proprietary rights associated with your Contributions. We are
not liable
for any
statements or representations in your Contributions provided by
you in
any area
on the Site. You are solely responsible for your Contributions
to the
Site and
you expressly agree to exonerate us from any and all
responsibility and
to
refrain from any legal action against us regarding your
Contributions.
12. GUIDELINES
FOR REVIEWS
We
may
provide
you areas on the Site to leave reviews or ratings. When posting a
review, you
must
comply with the following criteria: (1) you should have firsthand
experience
with the
person/entity being reviewed; (2) your reviews should not contain
offensive
profanity,
or abusive, racist, offensive, or hate language; (3) your reviews should
not
contain
discriminatory references based on religion, race, gender, national
origin, age,
marital
status, sexual orientation, or disability; (4) your reviews should not
contain
references to illegal activity; (5) you should not be affiliated with
competitors if
posting negative reviews; (6) you should not make any conclusions as to
the
legality of
conduct; (7) you may not post any false or misleading statements; and
(8) you
may not
organize a campaign encouraging others to post reviews, whether positive
or
negative.
We
may
accept, reject, or remove reviews in our sole discretion. We
have
absolutely no
obligation to screen reviews or to delete reviews, even if
anyone
considers
reviews objectionable or inaccurate. Reviews are not endorsed by
us, and
do not
necessarily represent our opinions or the views of any of our
affiliates
or
partners. We do not assume liability for any review or for any
claims,
liabilities, or losses resulting from any review. By posting a
review,
you
hereby grant to us a perpetual, non-exclusive, worldwide,
royalty-free,
fully-paid, assignable, and sublicensable right and license to
reproduce,
modify, translate, transmit by any means, display, perform,
and/or
distribute
all content relating to review.
13. MOBILE
APPLICATION LICENSE
Use License
If
you
access
the Marketplace Offerings via a mobile application, then we grant you a
revocable,
non-exclusive, non-transferable, limited right to install and use the
mobile
application
on wireless electronic devices owned or controlled by you, and to access
and use
the
mobile application on such devices strictly in accordance with the terms
and
conditions
of this mobile application license contained in these Terms of Use. You
shall
not: (1)
except as permitted by applicable law, decompile, reverse engineer,
disassemble,
attempt
to derive the source code of, or decrypt the application; (2) make any
modification,
adaptation, improvement, enhancement, translation, or derivative work
from the
application; (3) violate any applicable laws, rules, or regulations in
connection with
your access or use of the application; (4) remove, alter, or obscure any
proprietary
notice (including any notice of copyright or trademark) posted by us or
the
licensors of
the application; (5) use the application for any revenue generating
endeavor,
commercial
enterprise, or other purpose for which it is not designed or intended;
(6) make
the
application available over a network or other environment permitting
access or
use by
multiple devices or users at the same time; (7) use the application for
creating
a
product, service, or software that is, directly or indirectly,
competitive with
or in
any way a substitute for the application; (8) use the application to
send
automated
queries to any website or to send any unsolicited commercial e-mail; or
(9) use
any
proprietary information or any of our interfaces or our other
intellectual
property in
the design, development, manufacture, licensing, or distribution of any
applications,
accessories, or devices for use with the application.
Apple
and Android Devices
The
following
terms apply when you use a mobile application obtained from either the
Apple
Store or
Google Play (each an “App Distributor”) to access the Marketplace
Offerings: (1)
the
license granted to you for our mobile application is limited to a
non-transferable
license to use the application on a device that utilizes the Apple iOS
or
Android
operating systems, as applicable, and in accordance with the usage rules
set
forth in
the applicable App Distributor’s terms of service; (2) we are
responsible for
providing
any maintenance and support services with respect to the mobile
application as
specified
in the terms and conditions of this mobile application license contained
in
these Terms
of Use or as otherwise required under applicable law, and you
acknowledge that
each App
Distributor has no obligation whatsoever to furnish any maintenance and
support
services
with respect to the mobile application; (3) in the event of any failure
of the
mobile
application to conform to any applicable warranty, you may notify the
applicable
App
Distributor, and the App Distributor, in accordance with its terms and
policies,
may
refund the purchase price, if any, paid for the mobile application, and
to the
maximum
extent permitted by applicable law, the App Distributor will have no
other
warranty
obligation whatsoever with respect to the mobile application; (4) you
represent
and
warrant that (i) you are not located in a country that is subject to a
U.S.
government
embargo, or that has been designated by the U.S. government as a
“terrorist
supporting”
country and (ii) you are not listed on any U.S. government list of
prohibited or
restricted parties; (5) you must comply with applicable third-party
terms of
agreement
when using the mobile application, e.g., if you have a VoIP application,
then
you must
not be in violation of their wireless data service agreement when using
the
mobile
application; and (6) you acknowledge and agree that the App Distributors
are
third-party
beneficiaries of the terms and conditions in this mobile application
license
contained
in these Terms of Use, and that each App Distributor will have the right
(and
will be
deemed to have accepted the right) to enforce the terms and conditions
in this
mobile
application license contained in these Terms of Use against you as a
third-party
beneficiary thereof.
14. SUBMISSIONS
You acknowledge
and agree
that
any questions, comments, suggestions, ideas, feedback, or other information regarding
the Site
or the
Marketplace Offerings ("Submissions") provided by you to us are non-confidential and
shall
become our
sole property. We shall own exclusive rights, including all intellectual property
rights, and
shall be
entitled to the unrestricted use and dissemination of these Submissions for any lawful
purpose,
commercial or otherwise, without acknowledgment or compensation to you. You hereby waive
all
moral
rights to any such Submissions, and you hereby warrant that any such Submissions are
original
with you
or that you have the right to submit such Submissions. You agree there shall be no
recourse
against us
for any alleged or actual infringement or misappropriation of any proprietary right in
your
Submissions.
15. SITE
MANAGEMENT
We reserve the
right, but
not the
obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take
appropriate
legal
action against anyone who, in our sole discretion, violates the law or these Terms of
Use,
including
without limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable
(to the
extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our
sole
discretion
and without limitation, notice, or liability, to remove from the Site or otherwise
disable all
files and
content that are excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage
the Site in a manner designed to protect our rights and property and to facilitate the
proper
functioning of the Site and the Marketplace Offerings.
16. PRIVACY
POLICY
We care
about
data
privacy and security. Please review our Privacy Policy: https://www.fundex.com.sg/privacy_policy
. By using the Site or the Marketplace Offerings, you
agree to be
bound
by our Privacy Policy, which is incorporated into these Terms of Use. Please be
advised
the Site
and the Marketplace Offerings are hosted in
Singapore
. If you access the Site or the
Marketplace
Offerings from any other region of the world with laws or other requirements
governing
personal
data collection, use, or disclosure that differ from applicable laws in
Singapore
, then through your continued use of the Site, you are transferring your
data to
Singapore
, and you expressly consent to have your data transferred to and
processed in
Singapore
.
17. TERM
AND TERMINATION
These
Terms of
Use
shall remain in full force and effect while you use the Site. WITHOUT LIMITING
ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION
AND
WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE
OFFERINGS
(INCLUDING
BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING
WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN
THESE
TERMS OF
USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION
IN THE
SITE AND THE MARKETPLACE OFFERINGS OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING,
IN OUR
SOLE
DISCRETION.
If we
terminate
or
suspend your account for any reason, you are prohibited from registering and
creating a
new
account under your name, a fake or borrowed name, or the name of any third
party, even
if you
may be acting on behalf of the third party. In addition to terminating or
suspending
your
account, we reserve the right to take appropriate legal action, including
without
limitation
pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS
AND INTERRUPTIONS
We
reserve the
right to
change, modify, or remove the contents of the Site at any time or for any reason
at our
sole
discretion without notice. However, we have no obligation to update any
information on
our Site.
We also reserve the right to modify or discontinue all or part of the
Marketplace
Offerings
without notice at any time. We will not be liable to you or any third party for
any
modification, price change, suspension, or discontinuance of the Site or the
Marketplace
Offerings.
We
cannot
guarantee the
Site and the Marketplace Offerings will be available at all times. We may
experience
hardware,
software, or other problems or need to perform maintenance related to the Site,
resulting in
interruptions, delays, or errors. We reserve the right to change, revise,
update,
suspend,
discontinue, or otherwise modify the Site or the Marketplace Offerings at any
time or
for any
reason without notice to you. You agree that we have no liability whatsoever for
any
loss,
damage, or inconvenience caused by your inability to access or use the Site or
the
Marketplace
Offerings during any downtime or discontinuance of the Site or the Marketplace
Offerings.
Nothing in these Terms of Use will be construed to obligate us to maintain and
support
the Site
or the Marketplace Offerings or to supply any corrections, updates, or releases
in
connection
therewith.
19. GOVERNING
LAW
These
terms
shall be
governed by and defined following the laws of
Singapore
. Fund Express Pte Ltd and yourself
irrevocably
consent that
the courts of
Singapore
shall have exclusive jurisdiction to resolve any dispute which may arise
in
connection
with these terms.
20. DISPUTE
RESOLUTION
Informal Negotiations
To expedite
resolution and control the cost of any dispute,
controversy, or claim related to these Terms of Use (each "Dispute" and
collectively,
the
“Disputes”) brought by either you or us (individually, a “Party” and
collectively, the
“Parties”), the Parties agree to first attempt to negotiate any Dispute (except
those
Disputes
expressly provided below) informally for at least thirty
(30)
days
before initiating arbitration. Such informal negotiations commence upon written
notice
from one
Party to the other Party.
Binding
Arbitration
Any
dispute
arising out of or in connection with this contract, including any question regarding its
existence,
validity, or termination, shall be referred to and finally resolved by the International
Commercial
Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146)
according to the Rules of this ICAC, which, as a result of referring to it, is
considered as the
part of
this clause. The number of arbitrators shall be one (1). The
seat,
or legal
place, or arbitration shall be
Singapore,
Singapore
. The language of the proceedings shall be English.
The
governing law
of the contract shall be substantive law of
Singapore
.
Restrictions
The
Parties
agree that any arbitration shall be limited to the Dispute between the Parties
individually. To
the full
extent permitted by law, (a) no arbitration shall be joined with any other proceeding;
(b) there
is no
right or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class
action
procedures; and (c) there is no right or authority for any Dispute to be brought in a
purported
representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are not
subject
to the
above provisions concerning informal negotiations binding arbitration: (a) any Disputes
seeking
to
enforce or protect, or concerning the validity of, any of the intellectual property
rights of a
Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of
privacy,
or
unauthorized use; and (c) any claim for injunctive relief. If this provision is found to
be
illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute falling within
that
portion of
this provision found to be illegal or unenforceable and such Dispute shall be decided by
a court
of
competent jurisdiction within the courts listed for jurisdiction above, and the Parties
agree to
submit
to the personal jurisdiction of that court.
21. CORRECTIONS
There
may be
information on the Site that contains typographical errors, inaccuracies, or omissions
that may
relate
to the Marketplace Offerings, including descriptions, pricing, availability, and various
other
information. We reserve the right to correct any errors, inaccuracies, or omissions and
to
change or
update the information on the Site at any time, without prior notice.
22. DISCLAIMER
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU
SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS
OF LIABILITY
IN
NO EVENT WILL WE
OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR
ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE
DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES
ARISING FROM
YOUR
USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY
CONTAINED
HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE
WHATSOEVER
AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT
ALL TIMES
BE
LIMITED TO
THE
AMOUNT PAID, IF ANY, BY
YOU TO
US
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS
DO NOT
ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF
THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT
APPLY TO
YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
24. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) use of the Site;
(2) breach of these Terms of
Use;
(3) any breach of your
representations and
warranties set forth in these Terms of Use; (4) your violation of the
rights of
a third
party, including but not limited to intellectual property rights; or
(5) any overt harmful act
toward any
other
user of the Site with whom you connected via the Site. Notwithstanding
the
foregoing, we
reserve the right, at your expense, to assume the exclusive defense and
control
of any
matter for which you are required to indemnify us, and you agree to
cooperate,
at your
expense, with our defense of such claims. We will use reasonable efforts
to
notify you
of any such claim, action, or proceeding which is subject to this
indemnification upon
becoming aware of it.
25. SERVICE
DELAYS AND DISRUPTIONS
While
we strive to provide
uninterrupted and reliable service, you acknowledge and agree
that the service provided
by the Site and/or App may be subject to limitations, delays,
and other issues beyond
our reasonable control. These may include:
-
Internet
and network outages or disruptions from your internet
service provider, mobile network operator, or other
third-party providers.
-
Hardware
or software failures affecting
your device or our systems.
-
Scheduled
maintenance or updates to the
Site or App.
-
Force
majeure events such as natural
disasters, power outages, or
acts of war or
terrorism.
We will use commercially reasonable efforts to promptly recover from any service
interruptions and restore full functionality. However, we will not be liable for any
damages or losses arising from any service delays or disruptions, regardless of the
cause.
You are responsible for ensuring your device and internet connection are functioning
properly before using the App. We are not liable for any issues arising from your device
or internet connection.
We recommend you regularly back up your data and information stored within the App. We
are not responsible for any data loss or corruption.
26. USER
DATA
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site.
Although we
perform
regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
27. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us
emails,
and completing
online forms constitute electronic communications. You consent to receive
electronic
communications not limited to Whatsapp messages, SMSes, Push Notifications, and
you
agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Site,
satisfy any
legal
requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE
OF
ELECTRONIC
SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES,
POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SITE. You
hereby
waive any rights or requirements under any statutes, regulations, rules,
ordinances, or
other
laws in any jurisdiction which require an original signature or delivery or
retention of
non-electronic records, or to payments or the granting of credits by any means
other
than
electronic means.
28. MISCELLANEOUS
Onboarding: Newly registered customers on the Site, after completing the
submission of the user profile questionnaire, will undergo an onboarding
process. This process includes, but is not limited to, internal vetting and
screenings to comply with the regulatory requirements. The customer’s pawn
ticket records, if any, will only be displayed after onboarding is fully
completed.
The Company extends the renewal service for pawn tickets (“Renewals”) across our
omni-channel touchpoints.
Renewals Mechanics: Tickets that are active (“Open tickets”), that is, within
the renewable period, will be displayed in the Site after onboarding is
completed. Payment for renewals can be completed via Paynow QR or the in-app
wallet account while an administrative fee of up to S$2 may be imposed for
renewal.
The Company provides an in-app wallet account (“Account”) across our
omni-channel touchpoints.
You may top-up and add credit to your Account via the Site using QR payment. The
balance for the time being standing to the credit of your Account (“Balance”) is
held on trust by the Company for you. No interest is borne on the balance.
The balance is utilised for in-app payment only. The account is provided for
(and only for) your own behalf and personal use, and not for the benefit or on
behalf of any other person (including natural person or legal person). Without
prejudice to the foregoing, you shall not assist, cause, permit or authorise any
other person (including natural person or legal person) to access or use your
Account.
Refunds and/or withdrawals (“Withdrawals”) can be performed via the Site by a
direct deposit into your personal bank account. You acknowledge and agree that
Withdrawals will be completed using information that you provide to the Company,
including the destination bank account details and the amount of the
Withdrawals. Please make sure you provide accurate information, since your
obligation to pay for the Withdrawals will not be excused by an error in the
information you provide.
Notwithstanding any provision in these Terms, the Company shall be entitled to,
at any time and without notice to you, to deduct from your Account any amount
deemed by the Company in its sole discretion to have been wrongly credited into
your Account and/or reverse any transaction carried out using your Account,
whether due to mobile networks or delivery systems error or otherwise; deduct
from your Account any fees, charges or other amounts which are payable by you to
the Company; and/or take any action in respect of, any unused Balance for the
time being, if required by and in accordance with any applicable law and/or any
direction, order or requirement of any applicable regulatory authority or law
enforcement body.
The Company offers purchase of pre-owned items on
interest-free
instalment
(“Layaway”) across our omni-channel touchpoints.
Layaway Mechanics:
The duration (“Payment Timeframe”) for a layaway can be 1, 3 or 6
months. This
is the
length of time the layaway will be reserved for you. The price at which
your
order is
submitted, or agreed upon at the physical branch, is being referred to
as the
locked-in
price.
The total sale price of the layaway (“Layaway Price”) includes a storage
and an
admin
fee. An initial deposit of at least 10% the Layaway Price is required to
confirm
the
Layaway transaction.
Should you decide to cancel the Layaway transaction prior to the
completion of
payment,
the accumulated amount paid non-refundable. The accumulated amount paid
for the
Layaway
transaction less the storage and admin fees can be used for payment of
another
pre-owned
item.
Price Confirmations and Binding Agreement:
After confirming a Layaway transaction, by way of placing a deposit, the
transaction
record can be view under “My Layaway” screen in the Fund Express mobile
app
(“Fundex
mobile app”). In addition, should the transaction take place at any of
our
outlet, a
physical card containing the transaction records will be issued as well.
The
receipt of
either record means that you have entered into a binding agreement to
purchase a
pre-owned item at the specified price.
We reserve the right to refuse or cancel any order in the event that the
Company
is
unable for whatsoever reason to satisfy your order, or if payment is not
received by us
within the Payment Timeframe specified, or when the confirmed price is
incorrect,
whether due to
computer-related problems or otherwise, pricing error or sudden
movements in the
precious metals market or export/import restriction. Furthermore, we
reserve the
right
to refuse or cancel
any order deemed questionable, suspicious or of significant risk to the
Company
regardless of payment method and price confirmation.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire
agreement and
understanding between you and us. Our failure to exercise or enforce any right
or
provision of
these Terms of Use shall not operate as a waiver of such right or provision.
These Terms
of Use
operate to the fullest extent permissible by law. We may assign any or all of
our rights
and
obligations to others at any time. We shall not be responsible or liable for any
loss,
damage,
delay, or failure to act caused by any cause beyond our reasonable control. If
any
provision or
part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable,
that provision or part of the provision is deemed severable from these Terms of
Use and
does not
affect the validity and enforceability of any remaining provisions. There is no
joint
venture,
partnership, employment or agency relationship created between you and us as a
result of
these
Terms of Use or use of the Site. You agree that these Terms of Use will not be
construed
against
us by virtue of having drafted them. You hereby waive any and all defenses you
may have
based on
the electronic form of these Terms of Use and the lack of signing by the parties
hereto
to
execute these Terms of Use.
29. CONTACT
US
In order to resolve a complaint
regarding the Site or to
receive further information regarding use of the Site, please contact us
at:
Fund Express Pte Ltd
Blk 345 Jurong East Street 31
#01-11
Singapore
,
Singapore
region
600345
Singapore
Phone: +65
6896 1978
enquiry@fundex.com.sg