TERMS OF USE

 

1. General

• 1.1 https://www.efundsme.com (“Platform”) brings together businesses and investors to facilitate the sale and purchase of amounts in relation to invoices. EFUNDSME GLOBAL PTE LTD (“EF”) does not provide investment or financial advice and makes no representations or endorsements. Nothing contained in the Platform constitutes or should be construed to constitute investment, legal, tax or other advice. The calculations provided are for guidance purposes only and shall not be regarded as guaranteed. At all times, EF shall not be liable for any loss or damage including, without limitation, direct or indirect losses arising from the use of, or reliance on the Platform.

 

• 1.2 As a condition of using the Platform, you agree:

 

1. not to defame or disparage anybody in a manner which is obscene, derogatory or offensive;
2. to be responsible for ensuring that your use of the Platform is consistent with all applicable laws, regulations and EF’s guidelines, specifications and policies;
3. not to cause damage to the Platform or impair the availability or accessibility of the Platform;
4. not to use the Platform for any purpose that is unlawful, illegal, fraudulent, harmful, or in any manner unlawful under applicable law or prohibited under this Terms of Use;
5. not to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Platform;
6. not to copy, modify, publish, transmit, distribute, perform, display or sell any material, content or information found on the Platform;
7. not to decompile, reverse engineer or otherwise attempt to discover the source code of any content available on the Platform; and
8. not to transmit or send unsolicited communications.

 

2. Intellectual Property Rights

• 2.1 The names, images and logos (“Marks”) identifying EF or third parties and their products and services are subject to copyright, design rights and trade marks of EF and/or third parties, and all rights to the Marks are expressly reserved by EF or the relevant third parties. Nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of EF or any other third party, without the prior written consent of EF or such third party. The name of EF or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of EF.

 

• 2.2 EF and its affiliates and licensors own and retain all right, title and interest in:
  1. the Platform, including all hardware, software, and other items used to provide services through the Platform; and
  2. all materials, including without limitation, the information, databases, data, documents, online graphics, audio and video, on the Platform

 

which contains proprietary and confidential information that is protected by applicable intellectual property and other applicable laws.

 

3. Personal Data

EF may collect, store, process, disclose, access, review and/or use Personal Data (including sensitive personal data) about you, whether obtained herein, from you or from other sources, in accordance with the PDPA. By accessing the Platform, you confirm that you understand, acknowledge and agree to EF’s Privacy Policy found on the Platform.

 

4. Limitation of Liability and Indemnification

• 4.1 The Platform is provided on an “AS IS” and “AS AVAILABLE” basis without any representations or any kind of warranties whatsoever. EF expressly disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

 

• 4.2 Without limiting the foregoing, EF does not warrant that the services, functions contained in or access to the Platform or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer or electronic device viruses, and/or other harmful or corrupting code, program, macro and such other unauthorised software, or that the download, installation or use of any software or content of Platform in or with any computer or electronic device will not affect the functionality or performance of the computer or electronic device. You shall solely assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer or electronic device. You agree not to hold EF liable for the loss of any of the content in its computer or electronic device that is due to any circumstances beyond the control of EF.

 

• 4.3 You agree that EF shall not be responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform.

 

• 4.4 The Platform may contain links to external websites and vice versa. Links to external website are only for convenience and EF has no control over such external websites. EF disclaims all responsibility and liability, direct or direct, for any damage or loss (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risk.

 

• 4.5 EF, or any of its directors, officers, employees, agents, affiliates, subsidiaries, contractors, suppliers, successors or assigns, shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages, losses, expenses, liabilities under any causes of action or any damages whatsoever, including, without limitation, damages for loss of use or data, loss of opportunity, loss of goodwill, loss of profits (whether revenue or anticipated profits) or losses to third parties, arising out of or in any way connected with:

 

1. the use or performance of the Platform;
2. the delay or inability to use the Platform;
3. the provision of, or failure to provide, the Platform;
4. any information, data, software, products, services and related graphics obtained through the Platform;
5. any reliance on any statement, opinion, representation or information on the Platform; or
6. otherwise arising out of the use of this Platform, whether based on contract, tort, and strict liability or otherwise, except where such loss or damage arises or was caused by the wilful default or fraud by EF

 

• 4.6 Without prejudice to the other provisions herein, you hereby agree to indemnify and hold EF, its subsidiaries, affiliated companies, directors, officers, agents, partners, and employees, harmless at all times against all actions, proceedings, costs, claims, expenses (including all legal costs on a full indemnity basis), demands, liabilities, losses (whether direct, indirect or consequential) and damages (whether in tort, contract or otherwise) whatsoever and howsoever arising, including without limitation claims made by third parties and claims for defamation, infringement of intellectual property rights, death, bodily injury, wrongful use of computers and electronic devices, unauthorised or illegal access to computers and electronic devices (including but not limited to hacking), property damage or pecuniary losses sustained, incurred, suffered or pay arising out of, in connection with or pursuant to the access to and/or the use of the Platform, whether or not such access or use was authorised or whether it was due to any act or omission on its part, the breach by you, the violation by you of any rights of another person or entity or the breach by you of any statutory requirement, duty or law.

 

5. Miscellaneous

• 5.1 Amendment - EF may supplement, vary or amend this Terms of Use from time to time. It is your responsibility to review this Terms of Use upon every access to keep up-to-date. Your continued access or use of the Platform after changes are made, constitutes your agreement to be legally bound by this Terms of Use as updated and amended and for such revised Terms of Use to apply to all current and past usage of this Platform. In the event you do not agree to any of the changes, you must stop using the Platform and services.

 

• 5.2 Severance - The invalidity or unenforceability of any provision of this Terms of Use shall not affect the validity or enforceability of the remainder of this Terms of Use.

 

• 5.3 Survival - All disclaimers, indemnities and exclusions in this Terms of Use shall survive the termination of this Terms of Use.

 

• 5.4 Governing Law and Jurisdiction - This Terms of Use shall be governed by, and construed in accordance with, the laws of Singapore. Any dispute arising out of or in connection with this Terms of Use or the documents referred to herein, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the Courts of Singapore and the Parties hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of Singapore.