FundFluent Terms of Use

Effective Date: 24 December 2021

1. General

1.1  We areFundFluent Limited (“FundFluent”, “we”, “our” or “us’ or other similar pronouns),and we are a company incorporated in Hong Kong Special Administrative Region(“HK SAR”).

1.2  Please read these Terms of Use carefully. It is a contract that governs the use of our products and services including but not limited to websites, mobile applications, products, deliverables, reports, data, outputs and other relevant services such as SME portal services, funding services, insight services, and lender portal services (collectively referred as "Products and Services"), and when we use “you” and “your”, it refers to anyone or any entity who uses our Products and Services.

1.3  By signing up for an Account (as defined in clause 1.5) or by accessing or using ourProducts and Services, you are agreeing to these Terms of Use and you are of legal age in your country to enter into a binding agreement. You also confirm that you have appropriate authority to sign up an Account and enter into a binding agreement on behalf of the relevant legal entity indicated by you as required during the Account creation process (“Company”). On behalf of yourCompany, you confirm that you have read, understood, and agreed FundFluent’sTerms of Use, Lender Specific Terms and Privacy Policy. You understand that we may contact you and the Lender.

1.4  If you doNOT agree to any part of these Terms of Use and the Privacy Policy, do not continue to access or otherwise use our Products and Services. Failure to comply with the Terms of Use and other applicable additional terms may result in a variety of consequences, including the removal of information you have placed and/or the termination of your account. The exception to this is if that you have a separate written agreement with us covering the use of Products andServices, in which case that agreement will govern such use.

1.5  To access and use the Products and Services, you must register for a FundFluent account“Account” by providing your full legal name, your company legal entity name as appropriate and other information indicated as required.

1.6  You confirm that you are accessing and using the Product and Services for the purposes of carrying on a business activity and not for any personal or family purpose.

1.7  You have obtained consent and will obtain consent from the person(s) and any individual third party for the provision of their information to us.

1.8  You also confirm that we will use the phone numbers and email addresses provided by you as the key methods for communication with you, your Company and any individual third party.

1.9  You agree that we may reject your application for Account creation, or terminate yourAccount anytime for any reason in our sole discretion.

2. Our Products and Services

2.1 Our Products and Services are primarily intended for those who access it from and/or within HK SAR. We cannot guarantee that our Products and Services complies with law or regulation of other countries/regions, or is appropriate for use, in other places. You are responsible for use of our Products and Services by any person using your device and you must ensure that any such person complies with these Terms of Use.

2.2 Our Products and Services and information contained in this site should only be used for reference and discussion purposes only. We do not represent that any data, projections, recommendations, charts and reports you may have access to through our Products and Services are suitable for you, your Company, and should not be treated or construed as an accounting, regulatory, financial or other professional advice, solicitation, inducement, proposal or recommendation to buy or sell any financial products, banking and financial services, investments, securities, or other financial instruments.

2.3 It is your sole and absolute responsibility to conduct research, and obtain your own independent investment, financial, tax and professional advice as appropriate. Ultimately, it is your sole and absolute decision to purchase any Products or Services, whether it has been featured on our Services or not.

2.4 For funding, money lending and relevant Products and Services, by giving us your personal details and business information, it is NOT treated as an application for a loan or a request to be pre-approved loan, but you are making a request for information or request for quotation of the relevant Product, Services or third party services via us, subject to its own terms and conditions, as applicable. Any descriptions of funding services, packages, interest and payment calculations, and terms set forth herein are only a summary of certain terms, are not intended to be complete. We do not guarantee acceptance into any particular loan program, rates and fees, or any specific loan terms or conditions with any lender; loan approval standards are established and maintained solely by individual lender(s), governed by the applicable laws and regulations. Nothing contained herein shall constitute an offer or promise for a loan commitment or agreement.

2.5 For the avoidance of doubt, we do NOT charge you a fee in any manner for matching or request for quotation of funding services with money lenders.

2.6 Orders for other Products and Services – We may make certain specific Products and Services (not in relation to funding services) available for purchase, such as company incorporation services, and insight services. Certain Products and Services that you purchase may be subject to Additional Terms made available by us, our relevant affiliates and/or relevant sub-contractors from time to time. For example, we use a third party payment processor to manage and process your payment when you make a purchase any specific Products and Services, and you should refer to such relevant third party terms and conditions.

2.7 We have the right to modify, or terminate the Products and Services anytime for any reason without notice. We are under no obligation to make any Products and Services available in any jurisdiction.

3. Trademarks, Copyright and Intellectual PropertyRights

3.1 We and the respective content owners (as applicable) own the trademarks, trade names, logos and service marks ("Trademarks") that are used or displayed on our Products and Services. You are not allowed to use any Trademark used or displayed our Products and Services, without our or the relevant content/Trademark owners' prior written consent. We also own all the intellectual property rights such as domain names, ethical rights, software, data technical specification, and strategies in and about our Products and Services.

4. Exclusion of liability

4.1 All contents, information, data, graphics, links, opinions and all other items appeared or contained in our Products and Services are provided "as is" without warranty of any kind, whether express, implied, or statutory. We shall not be liable for any failure of performance or connection, system or application programming interfaces (API) as well as error or unavailability, computer virus, other harmful item, delay in operation, transmission error or blackout, unauthorised access, breach of security, or interruption in connection with your using or accessing our Products and Services even if we had been advised as to the possibility.

4.2 You specifically acknowledge that We accept NO liability (express or implied) for any loss, destruction, damage or injury or other liability whatsoever, or any consequential, incidental indirect, or other damages including but not limited to any loss of profits or loss of savings, breach of contract, negligence, in connection with or as a result of your using or accessing our Products and Services or under any other cause of action, whether or not we or any third party has been advised of the possibility of such damages.

4.3 You also specifically agree that in any event our total liability to you not exceed i) HK$3,000 or ii) 100% of the Fees paid by you to us in the calendar year, whichever is the lower. This limit on liability is not applicable to claims for death and personal injury, and fraudulent statements.

5. Linked Websites

5.1 Our Products and Services may contain links or connections to third party websites including but not limited to all websites, mobile apps, services operated or provided by any third party, or any of our affiliates and sub-contractors (“Third Party Services”). Examples of such Third Party Services include stripe.com the payment processor, and Sleek.com for the provision of company incorporation service. Accessing to external websites or external parties is at your own risk. We are not responsible for the contents or resources available on other external websites linked to our Products and Services. We do not verify or monitor the content and accuracy provided by these external websites or external parties. When you access such Third Party Services you acknowledge and agree that a) We have no control to these Third Party Services, and b) you assume all responsibilities from such ricks and under no circumstances will we be responsible for any consequences resulting from such risks, and c) additional or different terms and conditions may apply when you accessing and using such Third Party Services.

6. Privacy

6.1 Please read our Privacy Policy carefully, which may be updated from time to time. We cannot use your personal data for direct marketing purpose unless we have received your consent or indication of no objection. Subject to your consent, you agree that we will process and manage your personal data collected via our Products and Services in accordance with our Privacy Policy.

6.2 It is not mandatory for you to provide personal data to us. However, in the event that you do not provide such personal data, we may not be able to provide you with our Products and Services.

7. Cookies

7.1 We employ the use of cookies. By accessing our Products and Services, you agreed to use cookies in agreement with our Security and Cookies Policy.

8. Email and Transmitting over the Internet

8.1 Due to the nature of the Internet, messages and transactions may be subject to interruption, transmission blackout, delayed or incorrect data transmission. We are not liable for malfunctions in communications facilities beyond our control that may affect the accuracy or timeliness of messages and transactions between you and us. We have a right to delay acting or refuse to act on an instruction if we are aware of or suspect a breach of security or other suspicious circumstances relating to the use of our Product and Services.

9. Indemnification

9.1 You agree to defend, indemnify and keep us and our affiliates, subcontractors indemnified, and hold us and our affiliates, subcontractors harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses arising in any way from i) your purchase, use of or reliance on our Products and Services, or  ii) your placement or transmission of any data message or other materials, and iii) your fraudulent or deceptive acts or omissions, or violation of the law or of these Terms of Use.

10. Other Terms and Amendments

10.1 Some parts of our Products and Services may contain other terms and conditions, including but not limited to the terms and conditions made available by our relevant affiliates and/or relevant sub-contractors from time to time (“Additional Terms”) and sometimes Additional Terms may apply. In the event of a conflict,  the relevant Additional Terms will govern for those relevant part(s) of our Products and Services.

10.2 We have the right in our sole discretion to make amendments and changes to these Terms of Use and other terms and conditions from time to time without notice for any reasons. However, it is also your responsibility to regularly visit this page to review the updated Terms of Use. The updated Terms of Use will apply from the date that the updated Terms of Use are posted or as stated in the relevant notice, and you will be bound by such updated Terms of Use.

10.3 We reserve the rights to make the final decision in case of any disputes or in the event of a conflict of terms and conditions.

11. Governing Law and Jurisdiction

11.1 By accessing or using our Products and Services, you agree that such access and/or use, as well as these Terms of Use and all applicable Additional Terms shall be governed by the laws of the HK SAR, and you agree to submit to the exclusive jurisdiction of the courts of the HK SAR.