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1.1 These terms apply to the various platforms, including applications (mobile, web-based, or otherwise) and website, www.moneyowl.com.sg, that are provided and owned by MoneyOwl Private Limited (referred to as “MoneyOwl”, “we”, “us” and “our”). In these terms, “Platforms” refers to our applications and websites (including any information, services, contents, products or features that form part of such applications and websites), that you may be accessing or using; and “you” and “your” refer to any person and/or entity accessing or using the Platforms.
1.2 By downloading, installing, browsing, accessing and/or using our Platforms, you accept these terms and agree to be bound by them. If you do not accept these terms, please exit our websites and/or uninstall our applications, and refrain from any further use or access to our Platforms.
1.3 These terms will also apply to any updates or upgrades provided by us that replace and/or supplement our Platforms, unless such updates or upgrades are accompanied by separate terms in which case those separate terms shall apply.
1.4 We may amend these terms from time to time. Amendments shall take effect from the date the amended terms are published on our Platforms. If you use or access our Platforms after such amendments, you agree to the amended terms and to be bound by them. It is your responsibility to check for the latest version of the terms.
1.5 We may from time to time publish additional guidelines, rules, and conditions applicable to your access and use of our Platforms. You agree to comply with these additional guidelines, rules and conditions, which are incorporated by reference into these terms.
1.6 These terms only govern our provision, and your access and use, of our Platforms. Certain transactions and activities, including the provision of services or products, may be performed or facilitated through our Platforms (e.g. financial advisory services or products) will be subject to separate terms and conditions that you have to accept in order to enter into these transactions or perform these activities.
2. NO OBLIGATION TO SUPPORT OR MAINTAIN
2.1 We have no obligation to provide or continue to provide our Platforms, or any part thereof, now or in the future. We reserve the right, at any time, temporarily or permanently, in whole or in part, without prior notification and without incurring any liability to you, to: modify, suspend or discontinue our Platforms; charge for the use of our Platforms; restrict or modify access to our Platforms; and modify and/or waive any charges in connection with our Platforms.
2.2 We have no obligation to provide any maintenance, support or other services in relation to the Platforms, including providing any telephone assistance, documentation, error corrections, updates, upgrades, bug fixes, patches, and/or enhancements. However, if we do provide any updates, upgrade, bug fixes and/or patches, and/or enhancements in respect of our applications, you shall install them and keep your installation of our applications updated to the most recent release or version made available by us.
2.3 If and when we provide maintenance, support or other services in relation to our Platforms, your access and use of our Platforms may be interrupted, suspended or restricted.
3. LICENSE AND ACCESS RIGHTS
3.1 Subject to your compliance with these terms, you may access and use our Platforms. Where we provide you with our applications, you are granted a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, licence and right to download and use our applications for your own personal, non-commercial purposes. Our applications are licensed, not sold, to you, and you may only use our applications as permitted by these terms.
4.1 Our Platforms and its contents, and all proprietary and intellectual property rights associated therewith, whether registered or not, are protected by law and owned by or licensed to us. You acknowledge that you have no right, title, interest in and to our Platforms and you agree not to challenge the validity of our ownership of or rights to them. You shall not reproduce, republish, distribute or otherwise exploit any content of our Platforms in any way without our prior express consent, which may be withheld for any or no reason.
4.2 You will not, and will not permit any other party to: (a) modify, adapt, improve, enhance, alter, translate or create derivative works of our Platforms; (b) use or merge our Platforms, or any component or element thereof, with other software, databases or services not provided by our Platforms; (c) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of our Platforms, or decrypt our Platforms; (d) interfere in any manner with the operation of our Platforms; (e) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to our Platforms; (f) create a database by systematically downloading and storing our Platforms; (g) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine”, “crawl” or in any way gather our Platforms or reproduce or circumvent the navigational structure or presentation of our Platforms; (h) use our Platforms for any commercial purposes; (i) violate any applicable laws, rules or regulations in connection with your access and use of our Platforms; or (j) cache, frame or link to our Platforms without our prior written consent. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with our Platforms.
4.3 Additionally, in respect of our applications, you will not, and will not permit any other party to: (a) sublicense, distribute, sell or otherwise transfer our applications to any third party; (b) use our Platforms as a service bureau, or lease, rent or loan our applications to any third party.
5.1 Our Platforms and any content contained on or provided through our Platforms are provided “as is” and “as available” with no warranties whatsoever.
5.2 To the maximum extent permitted by law, we disclaim all express warranties and implied warranties and make no guarantee, representation or warranty: (a) regarding the timeliness, reliability, accuracy, completeness, accessibility, quality, merchantability, fitness for a particular purpose, operation or usefulness of our Platforms; (b) regarding the availability or appropriateness of our Platforms; (c) that our Platforms do not infringe the intellectual property or other proprietary rights of any party; (d) that our Platforms will be error-free, continuously available or uninterrupted in operation, or free of viruses or other harmful components; (e) that our Platforms will operate or function properly on your devices or operating systems; or (f) that our Platforms will not cause any damage to your devices or operating systems.
5.3 Your access and use of our Platforms is voluntary and at your sole risk. You are solely responsible for: (a) your reliance on our Platforms and its contents; (b) any liability or damage that you may incur through use of our Platforms and its contents; and (c) for all decisions or actions resulting from your access and use of our Platforms and its contents.
5.4 To the maximum extent permitted by law, we, our business partners, respective officers, employees, agents and any other person associated with the creation of the site or part thereof, shall not be liable for any damage or loss of any kind, or any direct, consequential, incidental, special or indirect damages, costs or claims of any nature whatsoever, arising out of or relating to: (a) your use, access or reliance on our Platforms; (b) the operation or performance of our Platforms or any delay or failure thereof; or (c) the conduct or the views of any person who accesses or uses our Platforms, regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
6. THIRD PARTIES
6.1 Our Platforms may also contain information concerning third parties, third party products and services, or links redirecting to third-party websites, services or applications (including links to social media platforms and our service providers). Your access and use of information, products, services, websites or applications of third parties are subject to separate terms and conditions as may be agreed between you and the relevant third parties. We do not monitor, control or endorse these third parties, their products, services, websites or applications. To the maximum extent permitted by law, we are not responsible and disclaim all liability for (a) such third party products, services, websites or applications; (b) for any act or omission of these third parties, or (c) any dealings between you and these third parties, whether or not such dealings have been performed or facilitated through our Platforms.
7.1 We may place advertisements such as banners, java applets and/or such other materials for the purposes of advertising our and/or any third party’s product and/or services in different locations on our Platforms and at different points during your access and use of our Platforms. These locations and points may change from time to time. You will not be entitled to receive any payment, fee and/or commission in respect of these advertisements.
8. USER ACKNOWLEDGEMENTS
8.1 You acknowledge and agree that for our Platforms to function, it may require a compatible device (including a mobile or computing device), appropriate third-party software (such as browsers), and also connectivity to the internet. You are solely responsible for obtaining such device(s), software, and the necessary connectivity services to access and use our Platforms. We assume no responsibility for such devices, software and services, or for any functionality of our Platforms which are dependent on them to operate.
8.4 If we issue you any security credentials to access and use our Platforms, you are solely responsible for controlling access to and the security of such credentials and will notify us immediately if you have reason to believe that the security of such credentials is compromised. You are responsible for all activities that occur under your credentials, and we are entitled to and will treat all such activities as having been conducted by you or with your knowledge and authority.
8.5 You will indemnify and at all times keep us and our related corporations and affiliates (including respective officers, directors, employees and agents) indemnified against any and all losses, damages, actions, proceedings, costs, expenses, claims, demands, liabilities (including full legal costs) which may be suffered or incurred by us or asserted against us by any person, party or entity whatsoever, in respect of any matter or event whatsoever arising out of or in connection with your breach of any provision in these terms, your access and use of our Platforms, or your violation of the rights of any third party.
9.1 Our Platforms are controlled and operated by us from Singapore and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of Singapore. We do not represent or warrant that our Platforms are appropriate or available for use in any particular jurisdiction other than Singapore.
9.2 If any provision of these terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these terms and will not affect the validity and enforceability of the remaining provisions. These terms constitute the entire agreement between you and us relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral representations (including information found on our Platforms). Our failure to insist upon or enforce strict performance of any provision of these terms shall not be construed as a waiver of any provision or right. A person who is not a party to these terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce these terms. You may not assign your rights or obligations under these terms. We may assign our rights or obligations under these terms to any third party at any time without your consent or notice to you.
9.3 These terms shall be construed in accordance with the laws of Singapore. Any claim or dispute arising in connection with these terms or your access and use of our Platforms shall be brought exclusively in the Courts of Singapore. Any claim you may have against us in connection with these terms or your access and use of our Platforms must be commenced within one (1) year from the claim arising.
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