- The website "fynergycapital.com" is operated by Fynergy Capital Technologies Pte Ltd . (UEN No. 201319371D).
These Terms refer to the following additional terms, which also apply to your use of the Website:
- We may amend the terms in the Agreement from time to time. We will notify you when we do so by posting an announcement on the Website (as defined below). Please note that you shall be responsible to regularly review the Agreement. Your continued use of our Services after any such amendments shall be deemed to constitute your acceptance of and agreement to be bound by the amended Agreement.
In these Terms, the following words shall have the meanings ascribed below:
- “Applicable Laws” means, in respect of a party, any laws, rules, regulations, notices, directives or orders of any governmental or regulatory authority that are applicable to, and enforce against, such party, including trading and other rules of any stock exchanges, in each case as may be issued and amended from time to time.
- "Services" means the products and services provided by Fynergy through the Website;
- "User” means any individual who uses the Website; and,
- "Website" means "fynergycapital.com".
- In these Terms, the following words shall have the meanings ascribed below:
ACCESS TO THE WEBSITE
- The Website is available to you free of charge. Access to the Website is offered to you on an “as is” and “as available” basis. As such, we do not guarantee that the Website, or any content or products on it, will always be available or uninterrupted.
- You agree that we may at any time without notice, suspend or terminate operation of or deny access to the Website (or any portion thereof) for any reason whatsoever (including but not limited to business or operational reasons), and/or interrupt the operation of the Website (or any portion thereof) as necessary to perform routine or non-routine maintenance, error correction, or other effect changes. You acknowledge that this may affect your access to your account and/or the availability of any products or services and you agree that we shall not be required to compensate you for any loss or damage suffered by you as a result of such suspension or termination.
- We may update and change the Website from time to time to reflect changes to the products offered, our users’ needs, and our business priorities. We reserve the right to amend any prices or product information at any time without providing prior notice to you.
- Please note that different models or versions of routers, browsers and/or devices may have firmware or settings that may be incompatible with the Website. While we may develop the Website to support commonly used devices, we do not warrant in any manner whatsoever the compatibility of the Website with specific devices or other hardware.
USE OF THE WEBSITE
- The Website may only be used for lawful purposes.
As a User, you agree that you shall not use the Website in any of the following ways:
- Breach or violate any Applicable Laws, or has any unlawful or fraudulent purpose or effect;
- Transmit or send any data or upload any material containing computer viruses, including but not limited to Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other programs or any other similar computer code which (whether by design or effect) adversely affects the operation of any computer software or hardware or any services on the Website;
- Disseminate or upload any unlawful, inflammatory, defamatory, harassing, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable (morally or otherwise) material under the laws of the Republic of Singapore and/or the laws of the country where you access the Website;
- Use, develop, or otherwise support such software, scripts, bots, or other means or processes (including but not limited to browser add-ons, plugins or other technology) to harvest or scrape the Website or otherwise copy data, or facilitating any activities intended to undermine Fynergy’s operations and/or to disrupt the functionalities of the Website;
- Attempt to gain unauthorised access to the Website, any other protected information, the server on which the Website is stored, or any server, computer, or database connected to the Website, through any means not intentionally made available by us for your specific use;
- Attempt to attack the Website via a denial-of-service attack, or a distributed denial-of-service attack, or any such similar attack which would adversely affect the operation of the Website;
- Use crawling or other data-mining technology to search or link to the Website; or
- Download, cache, print, copy or store any content from the Website without any authorisation from us.
- You will need to register an account through the Website and login to the account in order to access and use the Services. You shall only register one Account per email address.
- You will be solely responsible for keeping your account password or any identification we provide you which allows access to the Services to be secure and confidential. You agree to notify us immediately of any unauthorised use of your account or any other breach of security in connection with your account. You shall not share or transfer your Account to others.
- You agree that we may deactivate and/or delete your account at any time if we deem, in our sole and absolute discretion, that you have breached the Terms or if your account activities may, in our view, cause harm to and/or impair the Services or infringe or violate any third-party rights or any Applicable Laws.
- You agree that we may, in our sole and absolute discretion, consider your account to be dormant, if there has been no activity in your account for a period of 12 months from the last date of activity, and to delete, deactivate and/or terminate your account.
- We shall not be required to compensate you for any restriction, modification, suspension or termination of the Account.
REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
By using our Services, you represent, warrant and undertake as follows:
- You are at least 18 years old and have the legal capacity to enter into the Agreement;
- You agree that you will provide accurate, current and complete information for the account registration and update your information in a timely manner to keep it accurate, current and complete at all times. You further agree that that if your information is found to be untrue, inaccurate, not current or incomplete in any respect, we have the right to terminate the Agreement and your use of the Services at any time without notice;
- You agree to assume full responsibility and liability for all loss or damage suffered by you, Fynergy or any other party as a result of your breach of the Agreement;
- You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services (or any part thereof); and
- You will not impersonate any person or entity, falsely claim an affiliation with any person or entity, or access other accounts without permission, or perform any other similar deceitful activities.
- By using our Services, you represent, warrant and undertake as follows:
- We and our licensors (where applicable) own all right, title and interest, including all related intellectual property rights in relation to the Website. Nothing in the Agreement shall be construed as conveying to you any rights to or interests in the Website, or any other intellectual property rights owned by us and/or our licensors.
- By using and/or uploading any content on the Website, you grant us and our sub-licensees the royalty free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license (without any territorial or time limitations and without requiring any approvals and/or compensations) to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such content (in whole or in part) and/or incorporate such content into existing or future forms of work, media or technology.
INDEMNITY AND EXCLUSION OF LIABILITY
- By using the Services, you agree that you shall indemnify and hold Fynergy, its licensors and each such party’s affiliates, officers, directors, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including legal fees on a full indemnity basis) arising out of or in connection with your use (or misuse) of the Services, or breach of any of the Terms, or violation of any thirty-party rights or any applicable law or regulation (whether or not referenced herein).
- Any implied conditions, warranties, representations, or other terms that may apply to the Website or any content on the Website are excluded.
- We shall not be liable to you for any loss of damage (whether in contract, tort, negligence, breach of statutory duty) or otherwise, even if foreseeable, arising out of and/or in relation to the use of (or inability to use) the Website; or the use of or reliance on any contents displayed on the Website. In particular, we will not be liable for any loss of profits, sales, business, or revenue; interruption to your business; loss of anticipated savings; loss of business opportunities, goodwill or reputation; or any indirect or consequential loss or damage.
LIMITATION OF LIABILITY
To the maximum extent permitted by the applicable law:
- You are at least 18 years old and have the legal capacity to enter into the Agreement;
- We do not assume any responsibility or liability for (i) any content generated by users of the Services or for any loss or damage resulting therefrom or, (ii) any mistakes, slander, omissions, falsehoods, defamation, libel, obscenity, pornography or profanity you may encounter when using the Services. You agree that your use of the Services is at your risk; and,
- Our total liability for any claim arising from or in connection with the use of the Website, our platform and/or Services shall be limited to the amount you paid to Fynergy for use and/or access the Services in the past one (1) month (where applicable).
- To the maximum extent permitted by the applicable law:
We make no representations, warranties or guarantees of any kind whatsoever:
- As to the suitability, accuracy or completeness, reliability, timeliness, quality, availability of the Website; and,
- That the use of the Website will be secure, uninterrupted, free of errors or other harmful components or that it will meet your requirements or expectations or that any stored data will be accurate or reliable or the quality of any products, services, information or other materials purchased or obtained by you through the Website will meet your requirements or expectations.
- The Website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you or the third-party provider being faulty, not connected, out of range, switched off or not functioning. We shall in no way be responsible for any such delays, delivery failures, damages or losses resulting from or in connection with such issues.
- We make no representations, warranties or guarantees of any kind whatsoever:
- This Agreement comprises the entire agreement between you and Fynergy with respect to the matters stated herein and supersedes any prior or contemporaneous negotiations or discussions.
- Unless otherwise stated herein, any rights conferred to you under the Terms and/or the Agreement (as amended from time to time) shall not be assigned by you without our prior written consent. However, such rights may be assigned by us without your consent, and we will inform you in writing as and when such assignment occurs.
- Nothing contained in the Terms shall be construed as creating any agency, partnership, or other form of joint venture with us.
- Any omission or delay on the part of Fynergy in exercising any right, power or privilege under this Agreement shall not operate as a waiver of such rights.
- Save as provided for in this Agreement, a person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore to enforce any terms of this Agreement.
- Each provision of this Agreement is severable and distinct from the others and every provision of it shall be and remain valid and enforceable to the fullest extent permitted by law. If any provision is or at any time becomes to any extent invalid, illegal or unenforceable for any reason, it shall to that extent be deemed not to form part of this Agreement but the validity, legality and enforceability of the remaining parts of this Agreement shall not be thereby affected or impaired.
- The Agreement and the Terms shall be governed by Singapore law.
- The courts of Singapore shall have exclusive jurisdiction to hear, settle and/or determine any dispute, controversy or claim arising out of or in connection with these Terms, including any question regarding their existence, validity or termination.