Please read all of the following terms and conditions of service ("TOS") carefully before using this website. By continuing to access, link to, or use this website and the information contained hereon, including but not limited to text, content, photographs, video, audio and graphics (the "Website"), or any service on the website, you acknowledge that you have read the TOS and that you agree to be bound by the TOS.
Asia Finance ("AF") reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever accessing, linking to, or using this Website. Your access, link to, or use of the Website, or any service on this Website, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you are not an authorised user of these services and you should not access, link to, or use the Website. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by AF and shall be of no force or effect.
You represent that you have read and agree to be bound by the TOS.
This Website is owned by AF (company registration number 201306875M).
This Website is designed for private companies seeking funding, private market deal professionals and accredited investors to connect with each other for the purposes of general networking, seeking and managing investment or acquisition opportunities, and identifying investors and providers of capital.
AF provides the Business Vault platform (the "Platform") for listing investment opportunities and generating leads, but does not sell the investment opportunities directly, nor collects any funds or deposits. Any collaboration in relation to investments is directly between the Fund Seekers and Investors. AF does not act as agent for either party.
2.1 AF as Crowdfunding Administrator:
2.1.1 AF is sometimes involved in the actual transaction between buyers and sellers, but does not render any investment or legal advice in connection therewith. Nothing contained on this Website constitutes tax, accounting, legal, insurance or investment advice. Neither the information, nor any opinion, contained on this Website constitutes a recommendation or advice, solicitation or offer, by AF or its affiliates, to buy or sell interests in any securities or other financial instruments, or to enter into any investment or transaction. AF has not made any recommendations regarding the merit of any company identified on the Website, made any recommendation regarding the purchase or sale of any security, or endorsed or sponsored any company identified on the Website. For that reason, all users of the platform agree to be responsible for their own due diligence and the legal and regulatory compliance of any transaction they enter into, and AF makes no representation or assurance about such compliance. As a user of the Website, you are required to provide true and accurate information about your businesses, and to update and maintain such information, but AF cannot and does not confirm the accuracy of information provided.
2.1.2 You are solely responsible for the decisions you make based on the information contained on this Website. In using this Website, you agree to indemnify and hold AF, its suppliers, directors, officers, employees, affiliates, representatives, agents, licensors and successors harmless against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of this Website, from your violation of these TOS or from any decisions that you make based on such information. Although this material is based upon information that AF considers reliable and endeavours to keep current, AF does not guarantee the sequence, accuracy, completeness, or timeliness of the Website, and it should not be relied upon as such. The provision of certain parts of the Website is subject to the terms and conditions of other agreements to which AF is a party.
2.1.3 Accordingly, anything to the contrary herein set forth notwithstanding, AF, its suppliers, directors, officers, employees, affiliates, representatives, agents, licensors and successors shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Website including, but not limited to, information, text, graphics, links or other items contained on this Website; (b) delays, errors, or interruptions in the transmission or delivery of the Website; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of non-performance.
2.2 AF, as the crowdfunding administrator, offers the following models of crowdfunding:
(a) Investment-based crowdfunding, where Investors who are accredited investors (as defined in section 4A of the Securities and Futures Act (Cap. 289)) may invest funds in Companies that have listed a fundraising round on this Website by purchasing non-transferable notes, convertible notes or equity issued by such Companies to the Investors, and may receive a return in the form of interest payments under such notes as pre-defined by such Company.
(b) P2P Lending-based crowdfunding, where Investors agree to subscribe for promissory notes with face values of not less than S$100,000 and maturity periods of not more than 12 months issued by the Company seeking funding (the "Fund Seeker"). The Fund-Seeker shall indicate the target fundraise amount and repayment period for the promissory notes on the Website.
(2.2.1) You agree that AF is only a social and meeting platform for Entrepreneurs seeking funds for their Companies and Investors interested in funding these Companies. AF does not provide any advice (financial or otherwise).
(2.2.2) As an Investor, you are aware and agree that any Investment Agreement you enter into will be between the Company and yourself only. AF will not be a party to the transaction and will not collect any funds or deposits. Any decision to subscribe for investment products is solely the decision of the Investor. AF will not be liable for the non-payment of any investment amount by an Investor, or any part of the settlement process.
(2.2.3) Upon indicating interest in funding a Deal, the Investor shall transfer the indicated amount into an account maintained by AF with a local bank ("AF Account") within 5 business days, failing which AF may not process the relevant Investor’s investment. The AF Account is a segregated client account specifically set up to hold funds belonging to the Investors, for the purpose of transfer to the Fund Seeker, and is not co-mingled with AF’s funds.
Entrepreneurs seeking funds for their Companies agree, represent and warrant that any posting of the Company profile or campaigns shall be made in full compliance with: (i) all applicable legislation and regulations; and (ii) the instructions set forth on the Website from time to time. AF has the right to deny access to any Company profile, campaign, the Website and/or Services at any time and for any reason. When posting the Company profile or campaign on the Website, Entrepreneurs agree, represent and warrant that all processes are executed in accordance with all applicable legislation and regulations, and that all prerequisites for the Company profile or campaign shall be set by the Company. Entrepreneurs also agree, represent and warrant that all the content, information, data and/or materials provided on or through the Website and/or Services is complete and accurate. Entrepreneurs agree to provide Investors with all information requested by AF and/or as set forth on the Website from time to time. The relevant Entrepreneur (acting on behalf of the Company) further agrees to, without undue delay at the end of the campaign, accept or reject any binding offer to invest submitted by an Investor by sending a confirmation or rejection to that Investor via the Website. After closure of a campaign where the Target Amount is successfully raised in full, the relevant Entrepreneur (acting on behalf of the Company) undertakes to ensure that the Company issues the relevant Instruments (notes or equity) and/or contracts for the Investment to the Investors in accordance with all applicable legislation and regulations and the terms of the relevant Subscription Agreements and/or Master Agreements. Entrepreneurs (each acting on behalf of the relevant Company) are responsible for drafting and providing all documentation needed (including legally required documentation) for completing the campaign. AF has the right to, at any time and at its convenience, cancel, interrupt or suspend any campaign, subject only to prior notice to the relevant Entrepreneur and the Company, which notice shall be deemed to have been provided if AF sends an email to the email account the Entrepreneur provides to AF, regardless of whether such email is actually received by the Entrepreneur or the Company. Such cancellation, suspension or interruption may be made due to such reasons as the violation, by the relevant Entrepreneur, Company or campaign, of any applicable legislation or regulation, this Terms of Service and/or any terms and conditions applicable to the Website and/or Services.
This Website, including but not limited to text, content, photographs, video, audio, graphics, user interface design or logos are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the SINGAPORE and other countries. The Website is also protected as a collective work or compilation under SINGAPORE copyright and other laws and treaties. All individual articles, columns and other elements making up the Website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. You acknowledge that the Website has been developed, compiled, prepared, revised, selected, and arranged by AF, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of AF and such others. You agree to protect the proprietary rights of AF and all others having rights in the Website during and after the term of this agreement and to comply with all reasonable written requests made by AF or its suppliers and licensors of content, equipment, or otherwise ("Suppliers") to protect their and others’ contractual, statutory, and common law rights in the Website. You agree to notify AF in writing promptly upon becoming aware of any unauthorized access or use of the Website by any individual or entity or of any claim that the Website infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website (the "Intellectual Property Rights") shall, as between you and AF, at all times be and remain the sole and exclusive property of AF. All present and future rights in and title to the Website (including the right to exploit the Website and any portions of the Website over any present or future technology) are reserved to AF for its exclusive use. Except as specifically permitted by the TOS, you may not copy or make any use of the Website or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Website, or the names of any individual participant in, or contributor to, the Website, or any variations or derivatives thereof, for any purpose, without AF’s prior written approval.
You may not use the Website for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the TOS. You agree to use the Website solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Website in any manner that could compete with the business of AF or any of its suppliers.
You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, or in any way exploit any part of the Website, except that you may download material from the Website and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Website without AF’s prior written consent. You may use the "e-mail this article" function solely to inform others about a AF news article, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. You may not offer any part of the Website for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of AF. The Website and the information contained therein may not be used to construct a database of any kind. Nor may the Website be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Website. You may not use the Website in any way to improve the quality of any data sold or contributed by you to any third party.
You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Website that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of AF, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose.
You may not use any of the trademarks, trade names, service marks, copyrights, or logos of AF in any manner which creates the impression that such items belong to or are associated with you or are used with AF’s consent, and you acknowledge that you have no ownership rights in and to any of such items.
You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Website, any activities conducted on or through the Website or any servers or networks connected to the Website. You may neither obtain nor attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by public display on the Website or through accessibility by a visible link on the Website. You shall not violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of AF, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of the Website. You shall not use or attempt to use any "scraper," "robot," "bot," "spider," "data mining," "computer code," or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Website, any data or content found on or accessed through the Website, or any other Website information without the prior express written consent of AF. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.
AF also reserves 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 TOS, 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 us, our users and the public.
AF reserves the right to edit, restrict or remove any content you provide for any reason or no reason at any time. The information and materials made available through the Website may contain typographical errors or inaccuracies. In addition, AF does not control the information provided by other users that is made available through the Platform. AF reserves the right to refuse service, terminate relationships, and/or cancel orders in its discretion.
6.1 You acquire absolutely no rights or licenses in or to the Website and materials contained within the Website other than the limited right to utilize the Website in accordance with the TOS. Should you choose to download content from the Website, you must do so in accordance with the TOS. Such download is licensed to you by AF ONLY for your own personal, non-commercial use in accordance with the TOS and does not transfer any other rights to you.
6.2 If you submit material to this site or to AF or its representative, unless AF indicates otherwise, you grant to AF a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit , such content for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in AF’s discretion without additional notice, attribution or consideration to you or to any other person or entity.. You also permit any other user to access, store, or reproduce such material for that user’s personal use. You grant AF the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify AF and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from material you supply. AF and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any material submitted by you or any third party.
7.1 AF reserves the right at any time to charge fees for access to portions of the Website or the Website as a whole. If at any time AF requires a fee for portions of the Website or the Website as a whole, AF will require you to register and create an account. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website by AF or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Website through your account, and the purchase of any other products or services. Save as described in paragraph 7.2 and 7.3 below, AF does not charge Investors any fees or commission for use of the Website, any investment in Deals and any returns on investments in Deals.
7.2 AF charges the Fund Seekers for crowdfunding administration services, which may include membership fees and fees for additional add-on services.
7.3 AF reserves the right to invoice a Fund Seeker notwithstanding that the Deal might not have achieved the targeted levels of interest from Investors. Such Fund Seeker shall pay all invoices regarding the Deal to AF within 14 business days of the invoice date. AF reserves the right to charge interest on any late payment.
Users of the Website may register as a Fund Seeker or a Investor. To register as a Investor on our Website, you must be an Accredited Investor as defined under the Securities and Futures Act, Chapter 289 of Singapore: (i) an individual – (A) whose net personal assets exceed in value S$2 million (or its equivalent in a foreign currency) or such other amount as the Monetary Authority of Singapore may prescribe in place of the first amount; or (B) whose income in the preceding 12 months is not less than S$300,000 (or its equivalent in a foreign currency) or such other amount as the Monetary Authority of Singapore may prescribe in place of the first amount; or (ii) a corporation with net assets exceeding S$10 million in value (or its equivalent in a foreign currency) or such other amount as the Monetary Authority of Singapore may prescribe, in place of the first amount, as determined by – (A) the most recent audited balance-sheet of the corporation or (B) where the corporation is not required to prepare audited accounts regularly, a balance-sheet of the corporation certified by the corporation as giving a true and fair view of the state of affairs of the corporation as of the date of the balance-sheet, which date shall be within the preceding 12 months.
If you are registering as a Investor, you will be required to complete our accredited investor declaration. As an Investor, you acknowledge that you are familiar with and willing to accept the high risk associated with private investments. In consideration of you using the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form and accredited investor declaration (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).
It is your obligation and responsibility to ensure that you only register if you are such an investor and any registration and/or future activity on our Website or ancillary thereto is in compliance with your local laws and regulations (including any applicable securities regulations). You agree and acknowledge that it is your own responsibility to consult your legal, financial, tax or other professional adviser with respect to evaluation, agreeing, establishing and/or implementing any relationship or investment based on any of the material or information which may be on our Website.
Registered users including Fund Seekers and Investors ("Registered Users") will have additional access to certain restricted areas of the Website. Certain content may be accessible to the general public, including persons who have not signed up as Registered Users. Such persons, nevertheless, are bound by this TOS.
As part of the registration and account creation process necessary to obtain access to certain portions of the Website, including those portions that require a fee or payment for access, you will select a username and a password. You will provide AF with certain registration information, all of which must be accurate, truthful, and updated. You shall not: (i) select a username already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that AF, in its sole discretion, deems offensive or inappropriate. AF reserves the right to deny creation of your account based on AF’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify AF by submitting feedback to [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. You are fully responsible for all usage and activity on your account, including, but not limited to, use of the account by any third party authorized by you to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Website is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through use of the Website. AF reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by submitting feedback. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within five (5) business days. You are responsible for all charges incurred up to the time the account is terminated. Notwithstanding anything else herein, AF reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Website at any time and certify that you currently have no other account(s) with the Website.
AF uses email to communicate with users. You hereby authorize and agree that AF may communicate with you via email and you consent to receiving and giving any notice required under the TOS or any other agreement with AF via email. AF will use reasonable efforts to honour any request you may have to opt out from receiving emails, but under no circumstance will AF have any liability for sending any email to you or to any of its customers.
Information on our Website from Fund Seekers and Investors may contain statements that constitute forward-looking statements which involve risks and uncertainties. These statements include descriptions regarding the intent, belief or current expectations of such Fund Seekers and Investors (or their officers, representatives and/or agents) with respect to their results of business operations and financial condition, industry, environment and future events and plans. These statements can be recognised by the use of words such as "anticipate", "believe", "could", "estimate", "profit estimate", "expect", "intend", "may", "plan", "projection", "will", "would", or words of similar meaning. Such forward-looking statements are not guarantees of future events, performance and actual results may differ from those in the forward-looking statements as a result of various factors and assumptions. By their nature, forward-looking statements involve risks and uncertainties because they relate to events and depend on circumstances that may or may not occur in the future. In light of these risks and uncertainties, actual events, results and developments could differ materially from those expressed or implied by the forward-looking statements. Information on our Website is meant and tailored for accredited, sophisticated, professional and institutional persons and investors. If you are in any doubt, you should always consult your legal, financial, tax or other professional adviser.
Confidentiality of member identity and information is our priority. All functionality of our platform revolves around this core value.
AF may ask you to provide us with information through the criteria sheets, or through your profile on the Website. This information is used only to find you suitable prospects. We do not share this information, or your identity, with third parties. Any prospects we find you are existing members of AF. Even when we find you a suitable prospect, we first ask you for authorization to introduce you to the prospect. It is only when you authorize us, do we disclose your identity and introduce you to prospects.
However, once the identity of the Fund Seeker and/or Investor ceases to be confidential vis-à-vis between parties, we may disclose to others our involvement with such Client and/or the Investor; unless the Client or the Investor notifies us in writing that it does not wish us to publicise our involvement.
For the avoidance of doubt, we are not obligated to perform any of the following:
We are not obligated to introduce you to any Investor(s) or Fund Seeker(s).
We are not responsible for doing any due diligence on the users you meet through our Website.
We do not recommend any businesses for investment or endorse their fitness for investment, verify the information on the site or in our emails. Such information is generally generated automatically based on the information that a particular user may input into our system and we make no warranties, express or implied, on the accuracy, appropriateness or correctness of such information.
We have no obligation to monitor or enforce any intellectual property rights that may be associated with content you provide us, but we have the right to enforce any rights which we may have through any means we see fit.
In the event we invest in any business, we are not obligated to make that investment opportunity available to anyone else. We are also not obligated to inform any user of our interest in any such business.
We do not control or endorse all of the content, messages or information found on our Website or external sites that may be linked to or from our Website and, therefore, we specifically disclaim any responsibility with regard thereto.
We have no obligation to accept, display, review, monitor, or maintain any content submitted by users, user forum posts, commentary, ratings or compliments ("Comments"). We have the right to delete content or Comments from our Sites without notice for any reason at any time. We may move, re-format, edit, alter, distort, remove or refuse to exploit content or Comments without notice to you and without liability. Notwithstanding the forgoing rights, we reserve the right to treat content provided by users and Comments as content stored at the direction of users for which we will not exercise editorial control except as required to enforce the rights of third parties and applicable content restrictions below when violations are brought to our attention.
(i) You agree that your use of the website is at your sole risk and acknowledge that the website and anything contained within the website, including, but not limited to, content, services, goods or advertisements are provided "as is" and "as available" and that to the fullest extent permissible pursuant to applicable law, AF makes no warranty of any kind, express or implied, as to the website, including, but not limited to, non-infringement, non-infringement of third party rights, title, any implied warranties or merchantability or fitness for a particular purpose or use.
(ii) AF does not warrant that the Website is compatible with your equipment or that the Website, or e-mail sent by AF or its representative, is free of errors or viruses, worms or "Trojan horses," or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that AF and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of AF, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Website and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against AF by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Website caused by your computer equipment or arising from your use of the Website on such equipment. The content of other Websites, services, goods, or advertisements that may be linked to the Website is not maintained or controlled by AF. AF is therefore not responsible for the availability, content, or accuracy of other Websites, services, or goods that may be linked to, or advertised on, the Website. AF does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, goods, or advertisements that may be linked to the Website; or (c) make any endorsement, express or implied, of any other Websites, services, goods, or advertisements that may be linked to the Website. AF is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Website. You understand that AF and/or third-party contributors to the Website may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
(iii) Under no circumstances, including but not limited to negligence, shall AF, its suppliers, agents, directors, officers, employees, representatives, successors, or assigns be liable to you for direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if AF has been advised specifically of the possibility of such damages, arising from use of or inability to use the website or any links or items on the website or any provision of the TOS, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall AF’s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.
You agree, at your own expense, to indemnify, defend and hold harmless AF, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ and experts’ fees, arising out of or in connection with the Website, or any links on the Website, including, but not limited to: (i) your use or someone using your computer’s use of the Website; (ii) use by someone using your account; (iii) a violation of the TOS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Website by you or someone using your computer (or account, where applicable) infringes any intellectual property right of any third party, or any right of privacy or publicity, is libellous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. AF reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AF in asserting any available defence. You acknowledge and agree to pay AF’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by AF under the TOS and any other terms and conditions of service on this site, including without limitation, lawsuits arising from your failure to indemnify AF pursuant to the TOS.
(a) You may terminate the TOS, with or without cause and at any time, by discontinuing your use of the Website and destroying all materials obtained from the Website. (b) You agree that, without notice, AF may terminate the TOS, or suspend your access to the Website, with or without cause at any time and effective immediately. The TOS will terminate immediately without notice from AF if you, in AF’s sole discretion, fail to comply with any provision of the TOS. (c) AF shall not be liable to you or any third party for the termination or suspension of the Website, or any claims related to the termination or suspension of the Website. Upon termination of the TOS by you or AF, you must discontinue your use of the Website and destroy promptly all materials obtained from the Website and any copies thereof.
The TOS shall be governed and construed in accordance with the laws of the Singapore. The courts of Singapore shall have exclusive jurisdiction to hear and determine any suit, action or proceeding, and to settle any disputes which may arise out of or in connection with the Website or from a dispute as to the interpretation or breach of the TOS, and for such purposes, you agree to submit to the jurisdiction of the courts of Singapore. Each party hereby waives any objection which it might at any time have to the courts of Singapore being nominated as the forum to hear and determine any proceedings and to settle any disputes.
You accept that AF has the right to change the content or technical specifications of any aspect of the Website at any time in AF’s sole discretion. You further accept that such changes may result in you being unable to access the Website. The failure of AF to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. Sections 2 through 15, 16(c), and 17 through 21 shall survive any termination of the TOS.
The section titles in the TOS are used solely for the convenience of you and AF and have no legal or contractual significance.
If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
The TOS and any other terms and conditions of service on this site, and its successor, constitute the entire agreement between you and AF and govern your use of the Website.
You may not link to or frame this website, or any portion thereof, except as provided herein.
Upon linking to this Website pursuant to the TOS, you will be granted a non-exclusive, non-transferable, royalty-free sub-license to use the AF mark owned by AF, solely for providing an underlined, textual link from your Website to the AF Website. No other use of AF’s marks, names or logos is permitted without express written permission from AF.
Without limiting other provisions contained in our TOS, you may include a link(s) on your Website to AF’s publicly accessible Web pages (i.e., any Web page which does not require a login and password and/or restrict access). You may not link to AF any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
AF is concerned about the integrity of this Website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, AF is concerned with activities such as bringing up or presenting content of this Website within another Website ("framing"). In this regard, without limiting the provisions contained in our TOS, you may not frame any Web page from AF, except with our express written permission. Further, you may not archive, cache, or mirror any AF Web page or portions of a Web page. If you would like to use, reprint, frame, or redistribute any AF content other than as permitted herein, you must request permission from AF by writing to [email protected]. Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Website address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Website which you would like to use.
Please send general inquiries regarding intellectual property issues to [email protected]