Website Terms and Conditions (ENGLISH VERSION ONLY)

Please review these Website Terms and Conditions before using this site or accessing any data on the Finmonster Platform. If you do not agree to these terms without limitation or exclusion, you should exit this site. These Website Terms and Conditions are effective immediately any users. We can make changes to these Website Terms and Conditions at any time and will post any amended Website Terms and Conditions to the Website. If you continue to use the Website or the Finmonster Platform, you will be deemed to have accepted those amended Website Terms and Conditions.

These Website Terms and Conditions refer to the following additional policies and terms, which also apply to your use of the Website and the Finmonster Platform:

  • our Privacy Policy in the Site, which sets out the terms on which we process any personal data we collect from you, or that you provide to us;
  • to the extent that they apply to you, our Corporate User Terms and Conditions and our Banker Terms and Conditions.

If you have any enquiries in relation to this Website or the information on it, please contact us at enquiry@finmonster.com.

The Finmonster services (collectively, the "Service") are operated by Eureka Holding Limited, a Hong Kong incorporation ("the Company," "we," or "us"). By accessing or using our web site at www.finmonster.com, including any subdomain thereof (the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Website Terms and Conditions ("Terms and Conditions"), regardless of whether you are a registered member of the Service. In addition to these Terms of Use, you may enter into other agreements with us or others that will govern your use of the Service or related services offered by us or others. If there is any contradiction between these Terms and Conditions and another agreement you enter into applicable to specific aspects of the Service, the other agreement shall take precedence in relation to the specific aspects of the Service to which it applies. As used herein, "Users" means anyone who accesses and/or uses the Site. For any terms herein applicable to all Users, all applicants, whether individually or business and other entity Users specifically, or where the context otherwise requires, "Users" shall be deemed to include any business or other entity on behalf of which the Site or Service is accessed by any other User, and "you" shall be deemed to include any such business or other entity and any person acting on behalf of any such business or other entity in connection with the use of the Site or Service.

 

Access to the Website and the Finmonster Platform

We try to ensure that you have uninterrupted access to the Website and its content and features and, if you are a registered user, to the Finmonster Platform and your accounts, but we cannot guarantee that access will always be available or uninterrupted.

From time to time, access may be interrupted, suspended or restricted, including because of a fault, error or other unforeseen circumstance or because we are carrying out planned maintenance. We will not be liable to you for any loss or damage which you may suffer as a result of the Website or the Finmonster Platform being unavailable at any time for any reason.

We may suspend or disable your access to the Website and/or Finmonster Platform at any time if, in our reasonable opinion:

  • you have failed to comply with these Terms and Conditions;
  • you have failed to comply with the Terms and Conditions that apply to you;
  • your behavior for the use of Website or Finmonster Platform is determined as against for the purpose of Website and Finmonster Platform or
  • your account is being misused, illegally or fraudulently used or is subject to other unauthorised use.

 

Intellectual Property Rights

All content of Finmonster Platform, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound, concept knowledge, logic and their selection and arrangement (the "Site Content"), are the proprietary property of the Company with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except as provided in the following sentence and except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Except for your own User Content (as defined below), you may not republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms and Conditions shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

You will retain ownership of all copyright in data you upload or submit to the Website. You grant us a worldwide, royalty-free, irrevocable license to use, copy, distribute, publish and transmit this data in any manner (subject to our Privacy Policy).

Further, you represent and warrant that: (i) you do not have the ability to match any personal information (including credit data) posted by or relating to other Users to the identity of any individual; (ii) you will not make any attempt to obtain data permitting you to match any personal information (including credit data) posted by or relating to other Users to the identity of any individual; (iii) you will not accept any information from any third party that permits such a match; and (iv) you will make no such match.

 

Restrictions on Data Collection/Termination

Without our prior consent, you may not:

·         use any automated means to access this Site or collect any information from the Site (including, without limitation, robots, spiders, scripts or other automatic devices or programs);

·         frame the Site, utilize framing techniques to enclose any Content or other proprietary information, place pop-up windows over this Site's pages, or otherwise affect the display of this Site's pages;

·         engage in the practices of "screen scraping," "database scraping" or any other activity with the purpose of obtaining content or other information;

·         upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Finmonster Users member or third party;

·         Use data provided by Finmonster, provided in any manner whatsoever, for any competing uses or purposes. You further agree that you have never used data, provided in any manner whatsoever, from Finmonster in the past to compete with the products or services of Finmonster; or

·         use this Site in any manner that violates applicable law or that could damage, disable, overburden, or impair this Site or interfere with any other party's use and enjoyment of this Site.

We may terminate, disable or throttle your access to, or use of, this Site and the Services at any time without notice for any reason, with or without cause at Finmonster's sole discretion.

 

User Representations

You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, fraudulent or otherwise unlawful material. You further agree not to harvest or collect email addresses or other contact information of Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Service or the Site or for any other purpose. You further agree that you may not use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. In addition, you agree not to use the Service or the Site to:

·         upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

·         except where authorized by the Company, register for more than one User account, register for a User account on behalf of an individual other than yourself, operate a User account on behalf of or for the benefit of any person who is not eligible to register for or operate a User account in their own name, or register for a User account on behalf of any group or entity;

·         impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with or authority to act on behalf of any person or entity;

·         upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

·         upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, identity numbers and credit card numbers;

·         upload, post, transmit, share or otherwise make available any material that contains software viruses or any other malicious or tracking computer code, files or programs designed to track, interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

·         intimidate or harass another User;

·         upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

·         use or attempt to use another's account, service or system without authorization from that person and the Company, or create a false identity on the Service or the Site; or

·         upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its Users to any harm or liability of any type.

 

User Content Posted on the Site

You are solely responsible for the personal or business information, photos, profiles, messages, notes, text, information, music, video, contact information for you or others, advertisements or other content that you upload, publish, provide or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other Users (collectively the "User Content"). It is against the Terms and Conditions to contact members directly or to attempt to enter into any business transactions with members outside of the Service. You understand and agree that the Company may, but is not obligated to, review and delete or remove (without notice) any User Content in its sole discretion, including without limitation, User Content that in the sole judgment of the Company violates these Terms and Conditions, might be offensive or illegal, or might violate the rights of, harm, or threaten the safety of, Users or others.

By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will not expire.

You may review personal or business information (including credit data) provided by other Users on the Site, but you are not authorized to disclose or otherwise use such information for any purpose other than related to your Services Request.

 

Consent to Electronic Transaction and Disclosures

Because the Finmonster Platform operates only on the Internet, whether you choose to participate on our platform as a Corporate User, Banker or in any other manner, it is necessary for you to consent to transact business with us online and electronically. We also need you to consent to our giving you certain disclosures electronically, either via our Site or to the email address you provide to us. By agreeing to the Terms and Conditions, you agree to receive electronically all documents, communications, notices, contracts, and agreements  arising from or relating to your use of the Site and Service, including your registration as a Corporate User or Banker on our Site, and any your use of this Service. This document informs you of your rights concerning Disclosures

Telemarketing Calls: If you have provided consent for telemarketing calls, you agree that (i) we, our agents, representatives, affiliates, third parties, and anyone calling on our behalf may call, email or SMS messages (including text messages) you at the numbers and addresses you have provided for purposes of describing goods and services that may be of interest to you, offered by us, our affiliates and/or third parties; (ii) agree these calls, text and email messages may be made using an automatic dialing or email system technology and/or involve prerecorded and/or artificial voice messaging. This consent for telemarketing calls shall remain in effect until you revoke it. Your consent to telemarketing calls may be revoked by informing the telemarketing representative, or any other method, which ensures we receive the revocation.

You also understand that your cellular or mobile telephone provider will charge you according to the type of plan you carry.

User Communications: By accepting these Terms of Use, you expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes, at any telephone number, or physical or electronic address you provide or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. In the event that an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via text.

You consent to receive SMS messages (including text messages), calls and messages (including prerecorded and artificial voice and autodialed) from us, our agents, representatives, affiliates or anyone calling on our behalf at the specific number(s) you have provided to us, or numbers we can reasonably associate with your account (through skip trace, caller ID capture or other means), with information or questions about your Services Request and/or account. You certify, warrant and represent that the telephone numbers that you have provided to us are your numbers and not someone else's. You represent that you are permitted to receive calls at each of the telephone numbers you have provided to us. You agree to alert us whenever you stop using a particular telephone number.

Opt-Out: You can revoke your consent by contacting us via email at enquiry@finmonster.com.

Call Recording and MonitoringYou consent to the recording and monitoring, for quality assurance, training, risk management and/or collection purposes, of any call that you place with us (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) or that we (or our agents, representatives, affiliates, third parties or anyone calling on our behalf) place to you.

Electronic Communications. Any Disclosures will be provided to you electronically through finmonster.com either on our Site or via electronic mail to the email address you provided. We may discontinue electronic provision of Disclosures at any time in our sole discretion.

Scope of Consent. Your consent to receive Disclosures and transact business electronically, and our agreement to do so, applies to any transactions to which such Disclosures relate, whether between you and Finmonster. Your consent will remain in effect for so long as you are a User and, if you are no longer a User, will continue until such a time as all Disclosures relevant to transactions that occurred while you were a User have been made.

Withdrawing Consent. You may withdraw your consent to receive Disclosures electronically by email us admin@finmonster.com. However, once you have withdrawn your consent you will not be able to operate your account on our Site. If you have a pending Service Request on our Site we will terminate it and remove it from our system.

You will print a copy of this Agreement for your records and you agree and acknowledge that you can access, receive and retain all Disclosures electronically sent via email or posted on the Site.

Change in Your Contact Information. If you are a User, you will keep us informed of any change in your email address so that you can continue to receive all Disclosures in a timely fashion. If your registered email address changes, you must update your email address in your account. You also agree to update your telephone number on the Site if they change.

 

Registration Data and Your Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you or the business or entity as may be prompted by any registration forms on the Site or otherwise requested by the Company ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; (d) promptly notify the Company regarding any material changes to information or circumstances that could affect your eligibility to continue to use the Site or Service or the terms on which you use the Site or Service; (e) be fully responsible for all use of your account and for any actions that take place using your account; (f) provide such materials as the Company may request to establish and/or verify your or any other person's identity or authority to enter into binding agreements on behalf of the business or entity, or to establish and/or verify the business or entity's legal existence, good standing in any jurisdiction and eligibility to use the Site or Service; and (g) be fully responsible for all use of any accounts opened on behalf of the business or entity and for any actions that take place using such account.

 

Corporate Users Eligibility

Access to the Site for Users that are businesses, other entities or persons acting on behalf of such businesses or entities, including for all Users registered as Corporate User, is intended solely for authorized representatives of businesses or other entities that are in good standing in each jurisdiction in which they are registered to conduct business and persons otherwise authorized by such businesses or entities to act in furtherance of the business or entity's use of the Site or Service. By using the Service or the Site on behalf of a business or other entity, you represent and warrant that you are duly authorized in accordance with the foregoing by the business or other entity on behalf of which you are acting, that you have the power and authority to disclose the information on behalf of the business or entity or in the capacity in which you are acting, and that the business or entity is in good standing in each jurisdiction in which it is registered to conduct business to the best of your knowledge. Furthermore, you confirm that you agree to all of the terms and conditions of these Terms and Condition individually and on behalf of such business or other entity, and represent and warrant that you and such business or other entity will abide by all of the Terms and Conditions. If you, the business or entity, any other person acting on behalf of the business or entity violate any of these Terms and Conditions, or otherwise violate an agreement between the business or entity and the Company, the Company may terminate the business or entity's membership, delete any associated profile and any content or information posted on the Site in connection with the business or entity's membership and/or prohibit you, such business or entity and any other person acting on the business or entity's behalf from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site), at any time in its sole discretion, with or without notice.

 

Additional Representations of Corporate Users

In addition to the User Representations set forth above under "User Representations," which you hereby confirm on behalf of the business or entity member, you further agree, both individually and on behalf of the business or entity, not to use the Service or the Site to:

·         register for multiple User accounts on behalf of the same business or entity;

·         operate or otherwise utilize an account opened in the name of a business or entity for the benefit of any persons other than that business or entity;

·         operate or otherwise utilize an account opened in the name of a business or entity for any purpose prohibited by law or regulation, any activity which that business or entity is not duly authorized to conduct.

·         operate a User account on behalf of any business or entity with regard to which you are not an authorized person with the power to enter into binding agreements on behalf of the business or entity;

·         communicate with any other User regarding the business or entity, or its business operations, other than anonymously and publicly via the Site, or upload, post, transmit, share or otherwise make available any information or informational material identifying the business or entity or its business operations (other than Registration Data provided to the Company or other information requested by the Company or otherwise necessary for your use of the Site or Service); and

·         upload, post, transmit, share, store or otherwise make publicly available on the Site any private information regarding the business or entity, including, without limitation, addresses, phone numbers, email addresses, tax identification numbers and credit, or any personal information regarding persons associated with the business or entity (other than Registration Data provided to the Company).

Furthermore, you represent and warrant and agree, both individually and on behalf of the business or entity, that:

·         all email addresses provided on behalf of the business or entity are and will be used by the business or entity for business purposes; and

·         you will not represent or portray the business or entity as being affiliated with the Company in any capacity other than being a User of the Site or Service without the Company's prior written consent.

 

Links to Other Web Sites and Content

The Site contains (or you may be sent through the Site or the Services) links to other web sites ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

User Disputes

You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

 

Limitation on Liability

In no event will the company or its directors, employees or agents be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the Site or the Service or any of the site content or other materials of the Site or the Service or any of the Site content or other materials on or accessed through the Site, even if the Company is aware or has been advised of the possibility of such damages.

To the extent permitted by applicable law, the Company’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the Company for the Service during the term of membership. You acknowledge that if no fees are paid to the Company for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of action.

 

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the Hong Kong Special Administrative Region, without regard to any principles of conflict of laws that would require or permit the application of the laws of any other jurisdiction, will govern these Terms and Conditions.

 

Indemnity

You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your User Content, any Third Party Content you post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other Users of the Service or the Site, or any violation of these Terms and Conditions or of any law or the rights of any third party.

 

Provision waiver

The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms and Conditions is held invalid, the remainder of these Terms and Conditions shall continue in full force and effect. If any provision of these Terms and Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.