GENERAL

Fair Capital Pte Ltd, Singapore Company Registration No 201729733E.  (“FC”, “we”, “our”, “us”), makes available to you the information on this website (the “Website”) in accordance with the following Terms and Conditions of Use, and any other rules posted on the Website (collectively, the “Terms”).

We thank you for visiting www.FAIRCAPITAL.com.sg and www.FAIRCAPITAL.sg (“this Site”). This Site is the official website of Fair Capital Private Limited. Your access and use of this Site constitutes your acceptance and agreement to be bound by these terms and conditions of use (“Terms of Use”).

If you do not consent to be bound by these Terms of Use, please discontinue your access and do not use this Site.

If you choose to access the Website from locations outside the Republic of Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

In case of any violation of these Terms of Use, Fair Capital Private Limited reserves the right to seek all remedies available under the law and in equity for such violations. These Terms of Use apply in respect of any and all visits to this Site, both now and in the future. No provision in these Terms of Use will be waived and no failure to comply consented to unless expressly agreed to by Fair Capital Private Limited.

Fair Capital Private Limited may, from time to time and at its sole and absolute discretion, amend these Terms of Use without prior notice. The amended Terms of Use will be posted on this Site. Your access and use of this Site after the amended Terms of Use have been posted, will constitute your acceptance and agreement to be bound by the amended Terms of Use. For the avoidance of doubt, references to these “Terms of Use” shall include such Terms of Use as amended from time to time by Fair Capital Private Limited and posted on this Site.

By using the Website, you are agreeing to these Terms. We may modify these Terms from time to time. Please read these Terms and check back often. If you do not agree to these Terms or changes thereto then you must immediately stop using the Website.

REGISTRATION

We provide most of this Website on an open access basis but you will need to register an account with us to use certain features. Please refer to our Privacy Policy for information about how we use your personal data.

INTELLECTUAL PROPRIETARY RIGHTS

You acknowledge and agree that we own, or has the licence to use the Content on the Website and any and all intellectual property rights used or embodied in or in connection with the Website. The Content shall not be reproduced, republished, transmitted or distributed in any way, without prior written permission from us.

USER OBLIGATIONS

You agree that you will not:

• use the Website for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;
• use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
• upload files 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;
• engage in mass automated, systematic or any form of extraction of the material (“the Content”) on our Website, or use it to create or include it within another electronic database or public portal or try to re-sell it or re-distribute it. We also reserve the right to prohibit or restrict the way in which other websites link to or frame or represent any of our Website content;
• violate any applicable laws or regulations, including without limitation, the Protection from Online Falsehoods and Manipulation Act 2019 (No. 18 of 2019) and the Protection from Harassment Act (Cap. 256A);
• hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Website, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
• use any automated process, use any kind of scripting software or bots or service to access and/or use the Website; and/or
• create a false identity for the purpose of misleading others.
• Unless expressly permitted by FC, you may not reproduce, publish, upload, display, transmit or otherwise distribute this Site or any of the Contents in any manner or form, without the prior written permission of FC and (where relevant) FC’s third party suppliers.
• You acknowledge that any use of this Site or the Contents otherwise than in accordance with these Terms of Use will constitute a violation of the relevant intellectual property rights subsisting therein.
• The rights and permissions granted to you in these Terms of Use shall terminate automatically if you fail to comply with any part of these Terms of Use. Where such rights and permissions have so terminated, they reinstate only upon express reinstatement by FC.

If you detect any suspected vulnerabilities or weaknesses in the Website, systems, resources and/or processes which may potentially affect FC’s internet-accessible services, notify us immediately or as soon as practicable by submitting a report to us at Faircapital.sg@gmail.com This Clause does not authorise or permit the taking of any action which may contravene applicable laws and regulations, including without limitation the Computer Misuse Act (Cap. 50A) and all of GML’s rights and remedies are expressly reserved. Without limiting the generality of the foregoing, any exploitation or testing of suspected vulnerabilities or gaining unauthorised access to any computer program or data is prohibited, and you agree and undertake not to:

• publish or publicly disclose any suspected vulnerability to any third party;
• deploy destructive, disruptive or other unlawful means to detect vulnerabilities, including without limitation any attacks on physical security, social engineering, denial of service, brute force attacks; and
• exploit, test or otherwise use any suspected vulnerability, including without limitation taking any step(s) to access, copy, create, delete, modify, manipulate or download any data or programme, build system backdoor(s), modify system configuration(s), facilitate or share system access.

NOTIFICATION OF INFRINGEMENT

If you believe that your copyright has been infringed, and such infringement is occurring on this Website, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).

• All Infringement Notices shall be delivered by hand to us at the following address:

Attn : The Administrator
140 Robinson Road, Tahir Building #08-08
Singapore 068907

• We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any copyright infringement, unless you have first given us the Infringement Notice and sufficient opportunity to remove the infringing material, and only if we refuse or fail to remove the infringing material within a reasonable time. Where we remove the infringing material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under any applicable laws which you may have in respect of any infringing material appearing on the Website prior to such removal by us.
• You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of infringing material appearing on third-party sites linked on the Website.

DATA USE & PRIVACY

It is a continuing condition of your use of the Website that you agree and consent to the terms of our Privacy Policy as amended from time to time, and the terms of the Privacy Policy are incorporated into these Terms by reference. The foregoing consent supplements but does not supersede nor replace any other consents you may have previously provided to FC in respect of your personal data, and your consents herein are additional to any rights which we may have at law to collect, use or disclose your personal data.

If in connection with your use of the Website, you provide the personal data of any third parties, you warrant and represent that the said third parties have also consented to the terms of the Privacy Policy, and to the collection, use and disclosure of their personal data in accordance with the aforesaid.

You warrant and represent to us that all personal data which is submitted to us by you through your use of the Website is complete, accurate, true and correct.

The Website may provide links to external sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.

The Website uses cookies. A cookie is a small text file which is placed on your device whenever you run or use the Website. These cookies collect information about your use of the Website. We use cookies and other related technologies to facilitate your use of the Website and to improve your experience of the Website. You may change the settings on your device to block the use of cookies. However, if you do choose to block the cookies used in the Website, you may not be able to use certain features and functions of the Website.

NO GUARANTEE OF ACCESS

We do not guarantee access to our Website, since access over the internet can sometimes be affected by technical failures or third party activity (such as the transmission of viruses and other malicious acts) outside our control. In addition, from time to time we may have to suspend service on our Website in order to make changes to it or to correct technical problems that have arisen.

SUSPENSION AND TERMINATION

You agree that you will be personally responsible for your use of the Website and for all of your communication and activity on and pursuant to the Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms, we may deny you access to the Website on a temporary or permanent basis.

We reserve the right to suspend, terminate, change or discontinue any aspect of the Website, including the availability of any feature(s) if the Website, at our sole and absolute discretion, at any time and without notice. Grounds for such termination may include, but are not limited to: (a) a breach of any of the terms under these Terms; (b) violation of any applicable law; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; and/or (d) behaviour that is harmful to other users, third parties, or the business interests of FC. Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you.

Upon suspension or termination of your account or your access to all or any part of the Website,

1. all rights and/or licences granted to you under these Terms shall immediately terminate;
2. we may remove or discard from the Website any content associated with your account; and
3. you remain liable for all obligations you may have incurred under these Terms.

DISCLAIMER OF WARRANTIES AND  LIABILITY

The Contents of this Site are provided on an “as-is” basis. While FC has made every reasonable effort to ensure that the Contents on this Site have been obtained from reliable sources, FC does not make any representations or warranties whatsoever, and to the fullest extent permitted by law, FC hereby disclaims all express, implied and/or statutory warranties of any kind to you or any third party, howsoever arising and whether arising from usage or custom or trade or by operation of law or otherwise, including without limitation to:

1. any representations or warranties as to the accuracy, completeness, correctness, currency, reliability, timeliness, non-infringement, title, merchantability, quality or fitness for any particular purpose of the Contents of this Site; and
2. any representations or warranties that the Contents and functions available on this Site shall be error-free or shall be available without delay or interruption, or that any defect on this Site shall be rectified or corrected, or that this Site, the Contents and the hosting servers are and will be free of all viruses, other malicious, destructive or corrupting code, programme or macro, and/or any other harmful elements.

FC shall not be responsible or liable to you or any third party for any errors or omissions, or for the results obtained or consequences arising from the use of any of the Contents, any damage or loss whatsoever and howsoever caused, including without limitation, any direct or indirect, special or consequential damages, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software, server or any other kind of property, howsoever arising directly or indirectly from:

1. your access to or use of this Site;
2. any loss of access to or use of this Site, howsoever caused;
3. any inaccuracy or incompleteness in, or errors or omissions in the transmission of, the Contents;
4. any delay or interruption in the transmission of the Contents on this Site, whether caused by delay or interruption in transmission over the Internet or otherwise; or
5. any decision made or action taken by you or any third party in reliance upon the Contents, regardless of whether FC has been advised of the possibility of such damage or loss.

NO REPRESENTATIVE

You agreed that you shall not rely on any Contents of this Site to claim or assert any form of legitimate expectation against FC, whether procedural or substantive in nature, in respect of any action that FC may or may not take in the exercise of its discretion as a company.

You shall obtain your own professional and/or legal advice and conduct all necessary due diligence, including but not limited to seeking clarifications as may be appropriate, as regards any decision or action that you intend to take in relation to any matter concerning the Contents of this Site.

AVAILABILITY AND RIGHT OF ACCESS

FC reserves the right to update or modify this Site from time to time. FC may suspend the operation of this Site for any period of time without any prior notice.

FC further reserves the right to deny or restrict access to this Site by any person, or to block access from a particular internet address to this Site, at any time, without prior notice and without ascribing any reasons whatsoever.

This Site and the Contents may be modified, deleted, edited or withdrawn by FC at its sole and absolute discretion and at any time without prior notice. FC reserves the right to update or modify this website from time to time. FC further reserves all rights to deny or restrict access to this website to any particular person, or to block access from a particular Internet address to this website, at any time, without ascribing any reasons whatsoever.

You agree that you will not:

1. use any robot, spider, other automatic device, or manual process to monitor or copy any pages within this Site or the Contents without FC’s prior written permission;
2. use any device, software or routine to interfere or attempt to interfere with the proper working of this Site; and
3. take any action that imposes an unreasonable or disproportionately large load on FC’s hosting servers.

HYPERLINKS FROM THIS SITE TO THIRD PARTY WEBSITIES

This Site contains hyperlinks to third party websites which are not maintained or operated by FC. FC is not responsible for the contents of such other websites and does not endorse the opinions or views expressed in them. FC has no control over and cannot guarantee the accessibility or proper functioning of those websites. FC shall not be liable for any damage or loss whatsoever arising from your access to such other websites. Use of such hyperlinks and access to those websites are entirely at your own risk.

Hyperlinks to third party websites are provided for your convenience and may be removed or replaced by FC at its sole discretion. The inclusion of any hyperlink does not imply endorsement by FC of such websites. Under no circumstances shall FC be regarded as associated or affiliated in any manner whatsoever with any marks, logos, insignia or other devices used or appearing on such other websites to which this Site is hyperlinked.

HYPERLINKS TO THIS WEBSITE FROM THIRD PARTY WEBSITIES

FC reserves the right to remove or disable any unauthorised hyperlinks to or any unauthorised frames of this Site or the Contents, appearing on any other website.

You may hyperlink to the Home Page of this Site, upon prior notification to FC in writing. You must make a specific request for, and secure permission from FC prior to hyperlinking to, or framing, this Site or any of the Contents, or engaging in similar activities. FC reserves the right to impose conditions when permitting any hyperlinking to, or framing of this Site or any of the Contents.

By framing or creating hyperlinks to this Site or any of the Contents, you agree to be bound by these Terms of Use. If you do not agree to be bound by, these Terms of Use, you must immediately remove all frames of, and hyperlinks to, this Site and the Contents. This is deemed to be the case even after the posting of any changes or modifications to these Terms of Use. If you do not accept such revised Terms of Use, you must discontinue linking to, or framing of this Site or any of the Contents.

Under no circumstances shall FC be considered to be associated or affiliated in any manner whatsoever with any marks, logos, insignia or other devices used or appearing on websites which hyperlink to this Site or any of the Contents.

FC reserves the right to remove or disable any hyperlinks to, or any frames of any third party website, if such hyperlinks or frames are on websites containing any information, names, contents or other materials which, in the sole and absolute opinion of FC, is inappropriate, profane, defamatory, infringing, obscene, indecent or otherwise objectionable, or violates any written law or is otherwise unlawful, or is an infringement of any applicable intellectual property rights, proprietary, publicity or other rights.

INDEMNITY

You hereby agree to indemnify FC and hold FC harmless from and against any and all claims, losses, liabilities, costs and expenses (including but not limited to legal costs and expenses on a full indemnity basis) made against or suffered or incurred by FC however arising directly or indirectly from:

(a) your access to or use of this Site;

(b) your use of the Contents and any materials developed based on the Contents; and/or

(c) your breach of any of these Terms of Use

GOVERNING LAW

These Terms shall be construed and its performance governed in accordance with the law of the Republic of Singapore, and you fully agree to submit to the exclusive jurisdiction of the Singapore courts.

CONTACT INFORMATION

Fair Capital Private Limted

Main line: 6282 6873
Email: Faircapital.sg@gmail.com