1. Terms of Use
1.1 Please read the Terms of Use (the “Terms of Use”) which applies to your access and use of our services in our various websites of the FundingReach Holdings Ltd and its subsidiaries, including FundingReach Ltd, iFinHealth Ltd, iFinPulse Ltd, iFinGate Ltd and its affiliates (“FundingReach”) (the “Service”). By accessing the websites, the pages contained on it includes APIs, emails notifications, applications, buttons and widgets, and any text, graphics, photos or other materials uploaded, downloaded, and the products, services, information, tools and material contained or described herein (the "Site"), you acknowledge your acceptance and agreement with the following Terms of Use.
1.2 By using the Site, you consent to such processing and you warrant that all data provided by you is accurate. You understand that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information both within and outside of Hong Kong for storage, processing and use by us. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements, notifications and administrative messages. These communications are considered part of the Services and your www.fundingreach.com, www.ifinhealth.com, www.ifingate.com and/or www.ifinpulse.com account(s), which you may not be able to opt-out from receiving.
2. Use of Information and Materials
2.1 The Service set out in the Site, includes its pages, is not directed at, or intended for distribution to or use by, any person or entity who is a citizen or resident of or located in any jurisdiction where such distribution, publication, availability or use would be contrary to applicable law or regulation or which would subject FundingReach to any registration or licensing requirement within such jurisdiction. Persons intending to access these pages are required to inform themselves about and observe any relevant restrictions.
2.2 The information contained in the Site is provided for reference only and should not be treated as any professional advice. Users who are accessing these pages should obtain appropriate professional advice when necessary. No information herein constitutes general or specific investment, legal, tax or accounting advice of any kind.
2.3 These pages should not be regarded as an offer or solicitation of an offer to buy or sell any products and services, including but not limited to any securities, financial instruments or other investments or investment advice.
3. Ownership of Site Copyright and Trademarks
3.1 FundingReach, and/or other parties own the trademarks, trade names, logos and service marks that are used and displayed on the Site. These may not be used without the written permission of FundingReach or the party owning these.
3.2 All materials available on the Site are protected by copyright. No part of these materials may be modified, reproduced, stored in a retrieval system, transmitted, copied, distributed or used in any other way for commercial or public purposes without FundingReach’s prior written consent.
4. Changes of Terms
We may amend these terms from time to time at our sole discretion. By continuing to use the Services following such amendments to the terms, you agree to be bound by such amendments.
5. Changes of our Service
5.1 As the Service we provide is evolving, we may suspend, withdraw, discontinue or change all or any features within the Service without notice to you or to users. We also retain the right to create limits on use and storage at our sole discretion at any time and without prior notice to you.
5.2 While every care has been taken in preparing the information and materials contained in this site. We make no representations, warranties or guarantees, whether expressed or implied, that our Service or any content in the Site is accurate, complete or up to date.
6. Our intellectual property rights
6.1 FundingReach grants to Subscriber (the Corporate) a non-transferable, non-assignable, non-sublicenseable and non-exclusive license to allow Authorised Users to access and use the Service.
6.2 All intellectual property rights subsisting in respect of the Services belong to FundingReach or have been lawfully licensed to FundingReach for use in connection with the Services. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the website itself or create derivative works with respect thereto, as the website is copyrighted under applicable laws.
6.3 You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, knowhow, proposals, suggestions, comments and other communications and information provided by you to us (the “Feedback”) in connection with the Service and/or your use of the Service without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.
7. Limited liability
Please read this section carefully since it limits the liability of FundingReach and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of FundingReach”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited. All Information is for your general reference only. We do not accept any responsibility whatsoever in respect of such information.
a. We will not be liable to you if for any reason our Service is unavailable at any time or any period.
b. The information contained in the Service or Site is provided on an “as is” basis without warranty of any kind, either express or implied. Whilst we endeavor to prepare the accurate and updated information materials contained in the Site, FundingReach makes no warranty/ no representation as to its accuracy, timeliness, suitability, completeness or availability of the information. In particular, no warranty regarding non-infringement, security, accuracy, fitness for a purpose or freedom from computer viruses is given in connection with such information and materials.
c. The Entities of FundingReach shall not guarantee or assume any responsibility, and will not be liable for any loss or damage from your use of the Service and/or the Site in the following instances (this list is not exhaustive):
i. the use or reliance on information provided on or via the Site;
ii. any defects or malfunctions caused to any equipment and other software in connection with your access or use of the Site, or any tampering with your computer system by unauthorised parties;
iii. the modification or misuse of information transmitted by you to us or transmitted by us to you;
iv. any interruptions to the service, transmission blackouts, delayed transmission or the incorrect data transmission of the Site at any time;
v. the misuse of the Site;
vi. any loss of data which may be suffered by you;
vii. the downloading of any information or materials from the Site or the use of any software made available by the Site (includes any third party software in connection with the Site); or
viii.any claims from third parties in connection with the use of the Site.
d. In no event shall the aggregate liability of the Entities of FundingReach to the Subscriber shall be governed by the respective Term of Subscription, or sales agreement or sales contract, giving rise to Subscriber’s claim occurred.
e. Without limiting the generality of the foregoing, in no event will the Entities of FundingReach be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential loss or damages, including any loss of business or profit, arising out of any use, or inability to use, the information or the services, even if any of the Entities of FundingReach has been advised of the possibility of such loss or damages.
f. You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the Service. You are responsible to ensure that your use of the information and the Service complies with all applicable legal requirements.
g. Without prejudice to the foregoing, if your use of the Services does not proceed satisfactorily and/or where applicable you do not receive appropriate responses to such use from us, as set out in these Terms of Use or otherwise, you are advised to contact us at sales@fundingreach.com. No such lack of response shall be deemed to constitute any acquiescence or waiver.
h. The limitation of liability contained in these Terms of Use will apply to the fullest extent permitted by applicable laws.
9. Accessing our Service
9.1 You are responsible for making all arrangements necessary for you to have access to our Service. It is your sole responsibility to prevent, safeguard and ensure that no computer virus enters your system and the Site.
9.2 You are also responsible for ensuring that all persons who access our Service through your internet connection, or the Authorized Users as per delegated by you are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
9.3 We reserve the right at all times (but will not have an obligation), to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of FundingReach, its users and the public.
10. Linked Websites
Activating certain links on the Site may cause you to leave the Site. FundingReach is not responsible for the contents available on or the set-up of any other websites linked to the Site. Access to and use of such other links, address, hyperlinks or websites is at the user's own risk and subject to any terms and conditions applicable to such access/use. By providing hyperlinks to other websites, FundingReach shall not be deemed to approve, guarantee, endorse, recommend or introduce any third parties or the service/products they provide on their web site, or have any form of cooperation with such third parties and web sites. FundingReach is not a party to any contractual arrangements entered into between you and the provider of the external website unless otherwise expressly specified or agreed to by FundingReach.
11. Email
Email messages sent to us over the Internet cannot be guaranteed to be completely secure. FundingReach is not responsible for any damages incurred by users if they send a message to FundingReach, or if FundingReach sends a message to them at their request, over the internet. We are not responsible in any way for direct, indirect, special or consequential damages arising from using the Site.
12. Internet Communication
Internet transactions, by its nature, may be subject to interruption, transmission blackout, delayed and/or incorrect data transmission. Messages sent over the Internet cannot be guaranteed to be completely secure. FundingReach will not be responsible for any damages incurred by users as a result of any delay, loss, diversion, alteration or corruption of any message either sent to or received from FundingReach at the users' request, over the Internet. We are not responsible in any manner for direct, indirect, special or consequential damages arising out of the use of this website.
13. Uploading & Downloading
FundingReach does not represent or confirm the following (or any of them):
a. that access to the Site will not be interrupted;
b. that there will be no delay, failure, error or omission or loss of information in transmission
c. that no viruses or other contaminating or destructive properties will be transmitted; and
d. that the Site will be available and meet your requirements;
e. that no damage will occur to your computer system.
1. Users of the Site are responsible for the following:
a. adequate protection and back up of data and equipment; and
b. undertaking reasonable and appropriate precautions to scan for computer viruses and other contaminating or destructive properties.
14. Your account and password
a. You are responsible for safeguarding the password that you use to access the Sites and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers) with your account. You must treat such information as confidential. You must not disclose it to any third party. FundingReach cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
b. We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use.
c. If you know or suspect that anyone other than you knows your password, you must promptly notify us at co@fundingreach.com.
15. Several users
If there are two or more persons adhering to these Terms of Use as user, their liability under the Terms of Use is joint and several, and their rights are joint.
16. Governing law and jurisdiction
This Term of Use is governed by the laws of Hong Kong and the parties hereby agree to refer any dispute to the exclusive jurisdiction of the courts in Hong Kong.
Should there be any inconsistencies between the English and Chinese versions, the English version shall prevail.
iFinGate
March 2021