TERMS OF USE

For the purpose of these General Terms of Use, “Finquest”, “we”, “our” or “us” shall refer to Finquest Pte. Ltd.

Finquest is a “members only” platform designed for private market deal professionals to connect with each other for the purposes of general networking, business development, seeking and managing investment or acquisition opportunities, and identifying investors, advisors, and providers of capital. Members use a variety of tools to implement the aforementioned process, including communication and messaging tools, and a variety of analytics (the “Service”). The Service may be delivered through our website which can be found at www.finquest.com (the “Site”).

The Service allows investors and providers of capital (“Investors” or “Investor”) to connect with professional advisors (“Advisors” or “Advisor”) and companies and institutions (“Issuers” or “Issuer”) who have certain investment opportunities which may be suitable for the Investor based on the information which the Investor has provided to Finquest through the Site. Finquest is not involved in the actual transaction between the Investors, Advisors and Issuers, and does not render any investment or legal advice in connection therewith.

By using the Service, you shall be deemed to have accepted and be legally bound by these General Terms of Use (“Terms”) without limitation or qualification. If you do not agree to these Terms, please do not access or use the Service. Any continued access or use of the Service (whether this time or in future) will imply that you have accepted these Terms.

We reserve the right to make changes to these Terms at any time without your prior notice. By using the Service on or after the date on which the Terms have been revised, your use would be deemed as acceptance of the revised Terms.

1. ELIGIBILITY

1.1 Applicants who are interested in becoming members and utilize the Service are required to complete and duly execute a sign-up form provided by Finquest. All applications shall be subject to Finquest’s final approval, in its sole and absolute discretion.

1.2 Finquest reserves the right to conduct independent background checks on the information which you have provided on your sign-up form to verify your identity and reserves the right to reject your application if any information which you have provided is false or misleading.

1.3 If your application is successful, you will be provided with a username and password to access the Service and the Site. Only users with a valid username and password are authorized to access the Site and the Service.

1.4 By using the Site and the Service, you hereby warrant and represent that:

(a) you are at least 18 years of age; and are otherwise of legal age to form a binding contract;

(b) any and all information you submit is true, correct, accurate and complete;

(c) you shall not use a false name or an email address that is owned or controlled by another person;

(d) if you are using the Site and Service for and on behalf of any entity or corporation, such entity or corporation has authorized the acceptance of these Terms as well as the use of the Site and the Service;

(e) if any aspect of your use of the Site or the Service violates any applicable or jurisdiction which you are subject, you shall cease to use the Site and the Service.

2. CONSENT FOR USE OF PERSONAL INFORMATION

2.1 We collect personal information when you voluntarily provide such information to us, such as when you fill in the sign-up form in order to become a member, register for access on the Site, or post any content on the Site when using the Service. This information includes, but is not limited to, your name, email address and the name of the organisation which you are from. Personal information can also be provided when you contact us with inquiries, or provide feedback to us on the Site and the Service, or respond to questions from Finquest.

2.2 You hereby consent to our collection, use and disclosure of your personal information provided to us.

2.3 You agree that we may collect, use or disclose your personal information for the following purposes:-
(a) setting up your account on the Site;

(b) to provide and improve the Service;

(c) to process payments of subscription fees from members;

(d) to send to you emails which are specific to your account and which are necessary for the normal functioning of the Service, including one or more welcome emails which help inform new members about various features of the Service;

(e) for targeted online marketing;

(f) to contact you regarding any complaints, feedback, queries or requests;

(g) handling any issues which have come to our attention;

(h) to facilitate investigations into any suspicious or illegal activity on the Site;

(i) for internal administrative and management purposes;

(j) where required by any act, statute, law, or regulation, or by the order of a government authority or a court or tribunal of competent jurisdiction;

(k) such other purposes consented by you for which your personal information is collected; and

(l) any other purpose reasonably related to the aforesaid.

We may disclose your personal information to our partners, agents, or affiliates whom we have engaged to provide the Service, to maintain the Site or to protect the security or integrity of the Site and our databases. We will use commercially reasonable efforts to ensure that such partners, agents or affiliates do not use your personal information for a purpose other than the purposes for which the personal information were originally given.

2.4 Please review our Privacy Policy at http://finquest.com/PDFs/privacyPolicy.pdf to learn more about how we collect, use and disclose your personal information.

3. USE OF SITE AND SERVICE

3.1 By using the Site or the Service, you agree to abide by all the Terms herein as well as our Privacy Policy at http://finquest.com/PDFs/privacyPolicy.pdf.

3.2 General Conduct Rules – You agree that you will not:

(a) Post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;

(b) Impersonate any person, or misrepresent your identity or affiliation with any person;

(c) Reveal any personal information about another individual, including another person’s address, phone number, email address, credit card number or any information that may be used to track, contact or impersonate that individual, unless prior consent has been obtained from that other individual;

(d) Use the Site or the Service for any unlawful purpose, or for the promotion of illegal activities;

(e) Use the Site or Service in violation of these Terms, or in violation of any local, state, or federal law, rule or regulation or otherwise in violation of any law, rule or regulation which you may be subject to;

(f) Use another member’s account with consent or permission;

(g) Provide false or inaccurate information when registering for an account on the Site;

(h) Interfere or attempt to interfere with the proper functioning of the Site or the Service;

(i) Knowingly disseminate information that you know, or reasonably ought to know, to be confidential in nature, in violation of any duty of confidentiality which you are subject to;

(j) Make an automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonably or disproportionately large load on our servers or network infrastructure;

(k) Promote violence, illegal drug use, or substance abuse or describe how to perform acts of violence, use illegal drugs or abuse other unlawful substances;

(l) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;

(m) Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful material or information; or

(n) Violate any applicable laws or regulations.

3.3 Site Usage Rules – You agree that you will not:

(a) Make improper use of our support services or submit false reports of abuse or misconduct;

(b) Use the Site for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;

(c) Disparage, tarnish or otherwise harm Finquest, including the Site and the Service;

(d) Disseminate or transmit viruses, worms, Trojan horses, RATS, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1 x 1 pixels, web bugs, cookies or other similar devices;

(e) Copy or adapt the Service’s software including but not limited to Flash, PHP, HTML, JavaScript or other code;

(f) Reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service creates to generate web pages or any software or other products or processes accessible through the Service;
(g) Except as may be the result of standard search engine or Internet browser usage, use or launch, develop or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Service, or use or launch any unauthorized script or other software;

(h) Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Finquest, unless you have been specifically allowed to do so in a separate agreement with Finquest;

(i) Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;

(j) Cover or obscure any notice, banner, advertisement or other branding on the Site;

(k) Disguise the source of materials or other information you submit on the Site or use tools which anonymize your internet protocol address to access the Service;

(l) Interfere or circumvent any security feature of the Site or Service or any feature which restricts or enforces limitations on use of or access to the Site or the Service or any user content;

(m) Probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

(n) Sell access to the Service or any part thereof other than through a mechanism approved in writing by an authorised representative of Finquest;

(o) Interfere or disrupt (or attempt to interfere or disrupt) the access of any user, host or network, including without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of content in such a manner as to interfere or create an undue burden on the Service; or

(p) Bypass any measure we take to restrict access to the Service; or use any technology or device to scrape, spider, or crawl the Service to harvest data, or publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

3.4 Rules related to User Content – The following rules pertain to content you post on the Site (hereinafter “User Content”). We reserve the right to remove any information, data or opinions, from the Site or the Service at our sole and absolute discretion. By transmitting and submitting any User Content while using the Service, you further agree that:

(a) You understand that by posting User Content on the Site, we have the right to display such User Content to suitable Investors, Advisors or Issuers so that such Investors, Advisors or Issuers may use the User Content to evaluate investment opportunities;

(b) You will not post any User Content or other information that is malicious, false, inaccurate or misleading;

(c) You will not submit User Content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secrets etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content and grant us a license to display such content;

(d) You understand that User Content posted by you may be republished and if you do not have the right to submit User Content for such use, you may be subject to liability for which Finquest will not be responsible;

(e) You will not post information in breach of any legal duty owed to a third party, such as a contractual duty or duty of confidentiality;
(f) You will not post information that you do not want to share with other Investors, Advisors or Issuers, as the case may be; (g) You will not give the impression that information you post emanates from Finquest, if this is not the case;
(h) You will not post any documents on the Site, in particular private placement memoranda, subscription agreements or stock purchase agreements, or similar agreements that constitute an offer of securities;
(i) You will not use the Site or the Service to market services, including investment advisory services, that may cause Finquest to have to be registered or licensed with any relevant authority, including but not limited to the Monetary Authority of Singapore (MAS), the Securities & Futures Commission of Hong Kong (SFC), or the Commission de Surveillance du Secteur Financier of Luxembourg (CSSF);
(j) You understand and agree that Finquest does not research, verify, endorse, represent, warrant or guarantee the truthfulness, completeness, accuracy, reliability, or veracity of any content on the Site, including User Content, and that you are not relying on Finquest for any User Content and that Finquest has not liability with respect to any User Content;
(k) You understand that you may be exposed to content, including User Content, on the Site and by using the Service, and that such User Content may be offensive, harmful, untruthful, inappropriate, misleading, false, inaccurate and that has not been updated and you further understand Finquest will not liable to you for any loss or damage which you may suffer as a result of your viewing, using or relying on such User Content; or
(l) You will not upload User Content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another. You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is your sole responsibility. Finquest shall not be responsible for any misuse of your User Content. You also agree and understand that Finquest cannot pre-screen and monitor all User Content.

3.5 Rules related to Deals and Investment Opportunities – In using the Site and Service, you will be introduced to various Investors, Advisors and Issuers and discuss the potential of entering into an investment opportunity together. By using the Site and the Service, you further agree as follows:

(a) That you will use your own judgment before making any decision to invest or to accept an investment and Finquest is not providing you any advice or making any recommendation with respect to any investment;

(b) That you do not expect Finquest to, and understand that Finquest does not evaluate, confirm, verify or endorse or otherwise conduct its own independent due diligence on any content, including User Content, whether viewed on the Site or received through the Service or otherwise;

(c) That you are not relying on information that appears on the Site or the Service or that is otherwise provided by Finquest to make any investment decision;

(d) That you are solely responsible for complying with any applicable law regarding any transaction, including without limitation the determination of whether any particular investment complies with the terms of any applicable laws and regulations;

(e) That you will obtain such professional advice as is appropriate to protect your interests, including legal, accounting, tax and other advice; and

(f) That you are aware of the nature of the risks involved in investments.

3.6 Additional Rules

(a) A member, whether an Issuer, Advisor or Investor, may only use the Site and the Service for its own internal business operations and for its own exclusive benefit;

(b) You shall be responsible for ensuring that the systems configuration on your web browser is able to support the latest version of the Site and the Service and Finquest shall not in any way whatsoever be liable to you or any third party if your web browser is not able to support the Site and the Service;
(c) We are not responsible for doing independent due diligence on Investors, Advisors or Issuers and we do not recommend, endorse or advocate any Investors, Advisors or Issuers;

(d) We are not responsible for verifying that any Investor is suitable or otherwise authorized to invest in any deal or investment opportunity from any Issuer, or for determining whether any use of the Site or the Service constitutes an offer of securities under Singapore law;

(e) We do not recommend any Issuers for investment or endorse their fitness for investment, verify the information on our Site or our emails and we do not represent or warrant that any such information is true, correct and accurate.;

(f) We do not act as an investment advisor to any Investor, and no part of the Site or the Service is intended to constitute investment advice;

(g) We are not obliged to monitor or enforce any intellectual property rights that may be associated with any User Content, but Finquest reserves the right to enforce such rights through any means it sees fit, including bringing and controlling actions on your behalf;

(h) Finquest does not control or endorse the content, messages or information found on the Site or the Service or external sites that may be linked to and from the Site and Finquest specifically disclaims any responsibility with regards thereto.

3.7 Finquest may occasionally provide automatic updates to the Site and the Service at its sole and absolute discretion without having to provide any prior notification.

3.8 The Site and the Service has been prepared without reference to any particular members’ investment requirements or financial situation, and is not provided to, and may not be used by, any person or entity in any jurisdiction where the provision or use thereof would be contrary to applicable law, rules or regulations of any governmental authority where Finquest is not authorized to provide such information or services.

4. THIRD PARTY WEBSITES

4.1 The Site and the Service may provide links to other websites or resources on the Internet. When you access such third party websites, you do so at your own risk. You acknowledge that Finquest is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such third party websites or resources.

4.2 The inclusion of any link on the Site or the Service does not imply any affiliation, sponsorship, or endorsement by Finquest, or any association with its operators, investors or principals.

4.3 You understand that Finquest may not have visited such third party websites whose links appear on the Site or Service, and may not have investigated or reviewed such websites or the content on such websites. You further acknowledge and agree that Finquest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any information, goods or services made available on or through any such third party websites or resources.

5. ACKNOWLEDGEMENT

5.1 You hereby agree, understand and accept the following:

(a) you are solely responsible for (and that we have no responsibility to you or to any third party for) any data that you transmit, update or upload while using the Site and for the consequences of your actions (including any loss or damage which we may suffer) by doing so;

(b) your use of the Service and reliance on the content on the Site are entirely at your own risk, and therefore we specifically disclaim any liability arising from or in connection with your use of the Site and the Service, including but not limited to any damages or losses which you may suffer as a result of any deal or investment opportunity which you have entered into with an Investor, Advisor or Issuer which was introduced to you through the Service;

(c) we shall not be responsible for any content or materials posted on the Site, including, but not limited to, any content or materials posted on the communication and messaging tools which are made available on the Site;

(d) we shall not be responsible for any disputes, demands, claims, actions, proceedings, judgments, orders, decrees, damages, costs, losses and expenses of any nature whatsoever arising out of or in connection with any deal or investment opportunity which you have entered into with an Investor, Advisor or Issuer which was introduced to you through the Service;

(e) you are required to use your own judgment, caution, and common sense in evaluating the information provided on the Site and any information provided by us or any third party, including, but not limited to, any content or materials posted on the communication and messaging tools which are made available on the Site;

(f) we reserve the right to review any content or materials posted, to edit, refuse to post, to remove any content, terminate your access to the Site and the Service at our sole discretion at any time, without notice, for any reason whatsoever;

(g) A member who is a corporate entity shall be wholly responsible for the acts of such of its officers, directors, employees, agents, subsidiaries and affiliates who have been authorized and given access to use the Site and the Service for and on its behalf;

(h) the Site may become temporarily unavailable for a number of reasons, including but not limited to, capacity constraints, transmission limitations, equipment modifications, upgrades, relocations, and repairs. Notwithstanding this, we will use reasonable commercial efforts to minimize such non-availability of the Site. For the avoidance of doubt, we shall not be liable for unavailability of the Site or Service.

5.2 You hereby agree, understand and accept the following:

(a) Any investments which you make or receive as a result of the introduction made through the Service are at your own discretion and at your sole risk.

(b) We do not endorse or recommend any deal or investment opportunity from any particular Issuer or Advisor;

(c) We do not endorse or recommend taking any advice from any particular Advisor;

(d) We do not endorse or recommend taking investments from any particular Investor;

(e) We have not performed our own independent due diligence with respect to any Issuer, Advisor or Investor, or on any particular deal or investment opportunity from any Issuer or Advisor;

(f) We make no representation or warranty that any deal or investment opportunity from any Issuer or Advisor is suitable for any Investor;

(g) We strongly urge you to consult your own financial or legal advisor to obtain independent advice before making or receiving any investment; and

(h) All investment opportunities involve some degree of risk. We make no representation or warranty that an Investor will make a return on his investment or that capital will be returned.

6. NO WARRANTY

6.1 The Service, the Site and the content therein are provided on an “as is”, “as available” basis. We do not warrant the correctness, accuracy, adequacy, completeness, timeliness or validity of the Service, the Site and/or the content therein and expressly disclaims liability for errors or omissions in the content. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality and/or fitness for a particular purpose, is given in conjunction with the Service, the Site and the content therein. You assume full responsibility and risk for your use of the Site and the Service.

6.2 We do not make any representation or warranty, express or implied, with respect to any third party information or data provided to Finquest, or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Finquest will not be liable in any way to you or to any third party for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission; (b) non-performance; or (c) interruption in any such third party data due either any negligent act or omission by Finquest or force majeure or any other cause beyond the control of Finquest. You further specifically acknowledge that Finquest or any of its officers, directors, employees, agents, subsidiaries and affiliates are not liable, and you agree not to hold the aforementioned parties liable, for the conduct of third parties, including the other users of the Site and Service and operators of external sites, and that the risk of the Site, the Service and the external sites and of injury, damage or loss from the foregoing rests entirely with you.

6.3 We do not warrant that the Service, the Site and/or any content therein will be provided uninterrupted or free from errors or that any identified faults will be corrected. No warranty is given that the Service, the Site, and the content therein are free from any computer virus or other malicious, destructive or corrupting code/programme. Finquest will not be responsible or liable for any harm to your computer system, loss of data, bugs, viruses, Trojan horses or other harm that results from your access to or use of the Site or the Service, or the content therein. You also agree that Finquest has no responsibility or liability for the deletion of, or the failure to store or transmit, any content and other communications maintained on the Site or by the Service. We make no warranty that the Site or the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Finquest or through the Site or the Service, will create any warranty not expressly made herein.

6.4 Finquest shall not be responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to you or to any other person’s computer, mobile phone, or other hardware of software, related to or resulting from using or downloading materials in connection with the web and/or in connection with the Site or the Service, including any mobile software.

6.5 To the fullest extent permitted by law, the disclaimers of liability contained herein apply to any and all damages or injury whatsoever caused by or related to the use of, or inability to use, the Site or the Service under any cause or action whatsoever of any jurisdiction, including without limitation, actions for breach of warranty, breach of contract or tort, strict liability, negligence or any other legal or equitable principle and that Finquest and each of its officers, directors, employees, agents, subsidiaries and affiliates shall not be liable for any direct, indirect, incidental, special, exemplary or consequential damages in any way whatsoever, including without limitation, any loss of profits, loss of data, cost of procurement of substitute goods or services arising out of, or the inability to use, the Site or the Service.

7. LIMITATION OF LIABILITY

7.1 We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you or any third party arising from or in connection with:

(a) any acts or omissions of any Issuer, Advisor or Investor;

(b) any content or material on the Site, including but not limited to any incorrectness, inaccuracy, inadequacy, incompleteness or invalidity thereof;

(c) any unauthorized access by any person of your account with us;

(d) any access, use or the inability to access or use the Site, or reliance on the materials and/or any information on the Site;

(e) any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;

(f) any use of or access to any other website that may be linked to the Site, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks.

7.2 Under no circumstance will Finquest, or any of its officers, directors, employees, agents, subsidiaries and affiliates be liable to you for an aggregate amount of more than the greater of (i) 20% of the annual membership fee payable by you for use of the Site and the Service, or (ii) US$20,000. 7.3 This provision shall take effect to the fullest extent permitted by the applicable law.

8. INDEMNITY

8.1 You shall indemnify and hold us, our officers, directors, employees, agents, subsidiaries and affiliates, harmless from all demands, claims, actions, proceedings, judgements, orders, decrees, damages, costs, losses and expenses of any nature whatsoever against us by any third party due to or arising out of or in connection with any failure by you to comply with any of these Terms or otherwise by your use of the Site or the Service.

8.2 We reserve the right, at your expense, to assume the exclusive defence and control of any matter that is subject to indemnification under this provision. You agree to cooperate with any reasonable requests to assist in our defence of such matter.

8.3 Your obligations under the foregoing indemnity may not be offset against any other claim you may have against Finquest, or any our officers, directors, employees, agents, subsidiaries and affiliates.

8.4 You hereby release any claims which you have, or may have, against Finquest or any of its officers, directors, employees, agents, subsidiaries and affiliates that are in any way related to the Site or the Service, or your use of the content offered through the Service, including any recommendations or referrals you may receive through the Site and the Service.

8.5 You remain solely responsible for all User Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Site or the Service.

8.6 You agree that this provision shall survive any termination of your account on the Site, or termination of the Service.

9. PROPRIETARY RIGHTS

9.1 Rights to Our Intellectual Property

(a) For the purposes of these Terms, “Trade Marks” means the “Finquest” mark and such other marks and devices used by and belonging to us whether registered or not and all such other trade marks, trade names, service marks, trade dress, logos, and emblems which are under our control or ownership and which we stipulate are to be used from time to time by us.

(b) Finquest owns, retains or has the license to use and operate all proprietary rights in the Site, the Service, the Trade Marks and all materials and information posted thereon, in emails, advertisements, landing pages, and any other items created or disseminated by Finquest or otherwise related to the Site or the Service (hereinafter the “Content”), excluding any User Content, including any suggestions, ideas, enhancement requests, feedback, recommendations or other information that you may provide relating to the Site or the Service. The Site and the content therein shall not be reproduced, republished, transmitted or distributed in any way, without our prior written permission.

(c) You may not alter, modify, publish, distribute, publicly display or sell any Content or such other proprietary information, or otherwise copy or transmit any Content or other such proprietary information without the express written consent from Finquest.

(d) Subject to your acceptance of these Terms, Finquest hereby grants you a geographically limited (as specifically stated in the sign-up form), non-assignable, non-transferrable, nonexclusive, revocable limited license to use the Site and the Service in strict adherence to these Terms (“the License”). Such License is granted to you and not to your affiliates unless otherwise agreed in writing by an authorised representative of Finquest. Finquest reserves the right to revoke such License at any time, with or without cause, with or without notice to you, with immediate effect and will not be liable to you or any third party for any damages, costs, or losses arising from such revocation.

(e) You further acknowledge that we own, or have the exclusive licence to use, the Trade Marks, and may from time to time apply for registration of other trade marks and service marks. We are not aware of other persons using any of the Trade Marks and we do not warrant that we have sole or exclusive rights in and to such Trade Marks. You agree not to at any time contest our ownership of the Trade Marks and undertake not to use the Trade Marks without our prior written consent and/or in derogation of our rights.

9.2 Rights to Your Intellectual Property

(a) You hereby grant to us a perpetual, worldwide, transferrable and assignable license to publish the User Content that you upload on the Site, including any suggestions, ideas, enhancement requests, feedback, recommendations or other information that you may provide relating to the Site or the Service, including but not limited to any deals, investment or acquisition opportunities. Your User Content will be used to find suitable Investors, Advisors or Issuers, as the case may be, based on the information which you have provided on the Site. You should only provide User Content which you are comfortable sharing with others. For the avoidance of doubt, pursuant to this exclusive license, you shall not upload or publish on any other similar or substantially similar content elsewhere.

(b) You hereby grant to us a perpetual, worldwide, transferrable and assignable license to (i) display your trademark on the Site and (ii) to display your trademark on any advertising or promotional material created by Finquest for marketing the Site and the Service.

(c) You agree that Finquest may, at its sole and absolute discretion and to the extent permitted by law, access, read, preserve and disclose your account information, usage history and activity in order to:

(i) Comply with any applicable law, regulation, legal process, or government request;

(ii) Respond to claims that any Content or User Content violates the rights of third parties, including intellectual property rights;

(iii) Enforce these Terms and investigate potential violations thereof;

(iv) Detect, prevent, or otherwise address fraud, security, or technical issues;

(v) Respond to your requests for customer service;

(vi) Protect the rights, property, or personal safety of Finquest, its users, or the public.

10. REGULATORY MATTERS

10.1 Finquest is not required to be registered or licensed with the Monetary Authority of Singapore as it is not a financial advisor, broker, commission agent or fund manager nor does it provide at any time any financial, investment, legal or tax advice.

10.2 By using the Site and the Service, you hereby understand and agree that:

(a) Finquest is not an investment advisor and does not offer investment, financial or legal advice with respect to any deal or investment opportunity;

(b) Finquest does not take part in the negotiation or execution of any transaction related to or in connection with any deal or investment opportunity;

(c) At no time will Finquest possess any funds or securities which are part of any transaction;

(d) No transactions are executed through the Site or any part of the Service;

(e) Finquest bears no responsibility or liability to any party for any failure of a member to fulfil his or her obligations under any deal or investment opportunity.

11. NON-SOLICITATION

11.1 You shall not for a period of one (1) year after the expiration of termination of your membership, without the prior written consent of Finquest on your own or on behalf of any person, firm or company directly or indirectly offer employment to or procure employment of any person (including any director or consultant of Finquest) who has at any time during the one (1) year immediately preceding such cessation been employed by the Company.

12. ELECTRONIC DELIVERY

12.1 Your account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using the Service.

12.2 Where appropriate, we use available technology to protect the security of communications made through the Site. However, as no data transmission over the Internet can be guaranteed to be completely secure, we cannot guarantee the security of any information you transmit to us, and you transmit such information at your own risk. We do not accept liability for the security, authenticity, integrity or confidentiality of any transaction and other communications made through the Site.

12.3 Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the Site is free of viruses or other unauthorised software.

12.4 You should take appropriate steps to keep your information, software and equipment secure. This includes clearing your Internet browser cookies and cache before and after using the Service on the Site.

13. TERMINATION

13.1 The term of your membership, and any subsequent renewal thereof, shall be indicated in the signup form.

13.2 We reserve the right to terminate your membership and restrict, suspend or terminate your access to the Site and the Service at any time at our sole discretion for any reason whatsoever.

13.3 If your account is suspended, restricted, or terminated, you are not permitted to continue to use the Service or the Site under a different or new account without our prior approval.

13.4 Suspension, restriction or termination of your access to the Site or Service may result in the loss or destruction of information associated with your account or otherwise and you agree that Finquest shall not be liable to you or any third party for any losses or damages that may result from such suspension, restriction or termination.

13.5 Upon termination of your access to the Site or Service for any reason, you shall destroy and remove from all computers, and other storage media all copies of any intellectual property owned by Finquest or any other user of the Service that you acquired through the Site.

13.6 In the event of termination, all provisions of these Terms shall survive, including without limitation, all representations, warranties, and indemnities given by you in connection with these Terms.

13.7 You may terminate your account at any time by writing to us at contact@finquest.com. We may terminate your account for inactivity for at least a period of 365 days at our sole discretion.

14. FORCE MAJEURE

Save as is otherwise specifically provided in these Terms, neither Finquest nor you shall be liable for failures or delays in performing its obligations hereunder arising from any cause beyond its control, including without limitation, acts of God, acts of civil or military authority, fires, strikes, lockouts or labour disputes, epidemics, governmental restrictions, wars, riots, earthquakes, storms, typhoons, floods and breakdowns in electronic and computer information and communications systems and in the event of any such delay, the time for all parties’ performance shall be extended for a period equal to the time lost by reason of the delay which shall be remedied with all due despatch in the circumstances.

15. ANNOUNCEMENTS

You hereby agree that Finquest shall be entitled to hold a press release or make any announcement concerning your membership with Finquest.

16. GENERAL

16.1 These Terms, as well as the Privacy Policy, and the sign-up form provided by Finquest contain the entire agreement between you and Finquest with respect to the Service and the use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Finquest with respect to the Site and the Service.

16.2 Nothing contained in these Terms shall be so construed as to create any agency, partnership or joint venture of any kind between the parties hereto.

16.3 No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless in writing signed by us. The rights and remedies herein are in addition to any rights or remedies provided by law.

16.4 All rights and obligations hereunder are personal to the parties and each party shall not assign any such rights and obligations to any third party without our prior written consent.

16.5 Any one or more clauses, stipulations or provisions of these Terms, or any part thereof, which is declared or adjudged to be illegal, invalid, prohibited or unenforceable under any applicable law in any jurisdiction shall be ineffective to the extent of such illegality, invalidity, prohibition or unenforceability without invalidating, vitiating or rendering unenforceable the remaining clauses, stipulations or provisions of these Terms, and any such illegality, invalidity, prohibition or unenforceability in any jurisdiction shall not invalidate, vitiate or render unenforceable any such clauses, stipulations or provisions in any other jurisdiction.

16.6 The section headings used herein are for convenience only and shall not be given any legal import.

16.7 The Site and Service are only intended for jurisdictions where its use is legal by the person viewing or otherwise using the Site or Service. You must not access the Site or use the Service if by reason of your nationality, residence (temporary or permanent) or for any other reason the use of the Site or Service is prohibited or contrary to any law, rule or regulation.

16.8 Finquest operates and controls the Site and the Service from its offices in Singapore. Finquest makes no representation that the Site and the Service is appropriate or available in other jurisdictions or countries. The information provided on or through the Site or Service is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to any law, rule or regulation which would subject Finquest to any registration or licensing requirement within such jurisdiction or country. Accordingly, persons who choose to access the Site or the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws, to the extent that such local laws are applicable.

17. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT (CAP. 53B) NOT APPLICABLE

These Terms govern the relationship between you and Finquest. Any person or entity who is not a party to these Terms whether or not any benefit is conferred or purported to be conferred on him directly or indirectly has no rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term or condition of these Terms.

18. GOVERNING LAW AND JURISDICTION

18.1 These Terms shall be construed and its performance governed in accordance with the law of the Republic of Singapore.

18.2 The courts of Singapore shall have exclusive jurisdiction to hear and determine any action or proceeding arising out of or in connection with these Terms and for that purpose you agree to irrevocably submit to the exclusive jurisdiction of such courts.

Last Updated on 1 November 2016