By using and/or registering for the Service in any manner, including visiting, browsing and using the Website, and/or ticking on the checkbox and clicking the acceptance button below, you signify your agreement to follow and be bound by:
All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Deed.
The clause headings used herein are for convenience only and shall not be given any legal import.
Participant Accounts. You may browse the Website to a limited extent, without signing up for an account. However, in order to use and/or access the Service, you must be registered for a Participant Account. You may only register for a Participant Account if you have entered into a Core Platform Deed with CapSol (“Deed”). For details on how to become a registered user, please email us at [insert email]. We reserve the right, in the exercise of our sole discretion, to refuse to offer access to or use of the Service to any person or entity, and to suspend or terminate any Participant Account to the Service and/or to change the eligibility criteria for registration at any time, for any reason and without notice to you. You acknowledge that the functionalities, features and services which we offer or make available on the Service to different users may differ.
Minimum Age. The Service is available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law (“Minimum Age”). If you are under 18 years of age, please do not use the Service. To use the Service, you agree that you must be the Minimum Age or older.
Changes to Service. We may update, change, remove or discontinue the Service or change any features, component or content of the Service at any time, for any reason, with or without notice to you, in the exercise of our sole discretion, without liability or responsibility to you or any other party. We do not guarantee that any specific content, component and/or feature will always be available on the Service.
Service Suspension. You acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Notwithstanding the foregoing, you acknowledge and agree that we may need to interrupt or suspend your access to the Service from time to time, for maintenance, technical or other reasons. We reserve the right to change, suspend, remove or disable access to the Service or any part thereof at any time without notice and without liability to any party.
Restrictions. You agree:
Compliance. You shall comply (and shall ensure that your employees, agents, contractors, service providers and affiliates comply) with all applicable laws, statutes, ordinances and regulations with respect to your use of the Service. When accessing and using the Service, you must also comply with directions, instructions or protocols communicated to you by us either through the Service, online correspondence or personal communication.
Service Content. All Service Content shall be our sole and exclusive property, and we shall have the exclusive right to reproduce, sell, resell, distribute and such information for any purpose whatsoever at our sole discretion (including for marketing and promotional purposes). You shall use Service Content only for your internal purposes of considering or making transactions through the Service and for no other purpose.
Login Codes. Any use of the Service and any acts, information, data, instructions, transactions or communications referable to your Login Codes and/or your Participant Account, shall be deemed to be use of the Service by you, or acts, information, data, instructions, transactions or communications emanating from you, whether they are in fact made or authorised by you. It is your sole responsibility to keep the Login Codes confidential and you shall be solely and fully liable for any disclosure or unauthorised use thereof by you, or otherwise. You must not share your Login Codes or sensitive information relating to your Participant Account with anyone else or allow anyone else to access the Service using your Login Codes.
If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that this is the case, we have the right to suspend or terminate your use of the Service (or to take any of the actions set out in Clause 1 below).
Each Company authorises us to make available to the Finance Providers and prospective Finance Providers any of the information that the Company may provide to us from time to time (including its business and financial information, information on the Company’s customers) as we may see fit.
Fees. We reserve the right to charge users for fees associated with the access to and use of, and in respect of specific transactions that occur on our Service, and to waive or change our fees at any time. All fees shall be paid by you in accordance with our instructions and through such modes of payment as we may accept, from time to time.
No refunds. All fees paid by you to us with respect to your Participant Account or otherwise for your access to and use of the Service, are not refundable under any circumstance.
We may offer discounts or change or suspend our fees as a promotional offer, or run other promotions from time to time on the Service. Such promotions shall be effective only for the applicable promotional period and shall be subject to the additional terms and conditions therefore as described on our Service.
You agree that we are not responsible for missed payments, fraud, unavailability or hacking of our third party payment processors, or any other issues related to payments.
The Service acts as a neutral venue where users, who are parties to the Deed, can enter into agreements with each other for various types of financing arrangements.
You further acknowledge that:
You acknowledge and agree that all Intellectual Property Rights in the Service (including its content, features, design, compilations, domain name(s), trade marks and the “look”, “feel”, “appearance” and “graphic function” of the Service and Website including but not limited to its colour combinations, sounds, layouts and designs) belong to us. You shall not reproduce, modify, display, sell, or distribute the Intellectual Property Rights, or use it in any other way for any public or commercial purpose.
You shall in no way contest or deny the validity of, our rights, title and interest to the Intellectual Property Rights in the Service, and you shall not encourage or assist others directly or indirectly to do so. You shall not copy, reproduce, display or use our trade marks in any manner without our express written permission. You shall not use or register any domain name that is identical to or similar to any of our trade marks or domain names.
“Confidential Information” shall mean information:
You shall fully indemnify CapSol Pte. Ltd., its officers, directors, employees, partners and agents (“Indemnitees”), from and against any and all damage, loss, claim, action and/or demand (including economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis), suffered or incurred by any of the Indemnitees arising whether directly or indirectly from:
The Service and Service Content are provided to you “as is”, “as available”, without warranty of any kind, whether express or implied (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description, or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed). We also do not warrant that the operation of the Service will be uninterrupted or error free or that the Service or Website are free of viruses or other harmful components, that defects will be corrected, or that the transmission of any data or information (including Participant Content and Personal Data) through the Service will be entirely secure. You further acknowledge that operation of and access to our Service or Website may be interfered with as a result of technical issues or numerous factors outside of our control.
We do not warrant that the use of the Service or that the use of any functionality or feature of the Service will be lawful, non-infringing, or not in breach of any contractual obligations, and you agree that you have full and sole responsibility for ensuring the same.
The information made available on the Service is subject to change without notice and its accuracy is not guaranteed.
You agree that the entire risk arising out of your use of the Service remains solely with you, to the maximum extent permitted under applicable law.
By using the Service, you acknowledge and agree that internet transmissions are never completely private or secure, and that it is possible that the data on the Service can be mistakenly released, lost, hacked or accessed by unauthorised users. You understand that any data (including Participant Content and Personal Data) you upload or send using the Service or make available to us through the Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
To the fullest extent permissible under law, we hereby disclaim all liability to you and/or any third party for any direct, indirect, incidental, special, consequential or exemplary damages, whether foreseeable or not, under contract or tort, including damages for loss of profits, loss of business, revenue, use, data, money, goodwill, reputation or other economic advantage, personal injury or property damage, even if we are aware of or advised of the possibility of the same, resulting from:
For the avoidance of doubt, you shall not be entitled to any refund of any payments (including subscription fees for your Participant Account) made by you, in the event of the termination of your Participant Account or your access to or use of the Service for any reason whatsoever, or in the event we take any actions pursuant to Clause 1 above.
Upon termination of your Participant Account and your access to or use of the Service, all rights granted to you hereunder shall immediately cease and terminate, and you must immediately cease using the Service or any Service Content.
Equitable remedy. You agree that in the event of any breach or non-performance of the terms of Clause 6 and 7 by you (or any of your employees, contractors and/or agents), money damages would not be a sufficient remedy, and that Clause 2 shall not prevent us from applying to court to obtain injunctive, equitable and other relief for such breach, non-performance, or threatened breach or non-performance. You hereby submit to the exclusive jurisdiction of the Singapore courts for this purpose.
Force majeure. We shall not be liable for any non-performance, error, interruption or delay in the performance of our obligations, the provision of the Service (or any part thereof) or in the operation of the Service or Website, or any unavailability of the Service, that is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control including without limitation (i) Acts of God, nature, court or government; (ii) failure or interruption in public or private telecommunication networks, communications channels or information systems used in the provision of services; (iii) acts or omissions of the provider of telephone data communication lines, or any third party service provider or party for whom we are not responsible; (iv) delay, failure or interruption in, or unavailability of, third party services; and (v) viruses, other malicious computer codes or the hacking by any party of the Service.
Effective date: 2015
Last updated: 15 September 2015