Terms and Conditions UAT

Acceptance of Terms of Use


AFIN Website Terms of Use

Please read these Terms of Use carefully (including our Privacy Policy (https:/apixplatform.com/privacyandsecuritypolicy) before using our website https:/apixplatform.com (including all its sub-domains) (“ (“Website”) and/or our Services (defined in Section 1.2 below), so that you are aware of your legal rights and obligations with respect to ASEAN Financial Innovation Network Ltd (UEN: 201807650W) (“ (“AFIN”, “we”, “our” or “us”).

By accessing this Website and/or using the Services, you hereby agree:

(i) that you have read and agree to be legally bound by these Terms of Use (including our Privacy Policy (https:/apixplatform.com/privacyandsecuritypolicy); and

(ii) that you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Terms of Use.

If you do not accept these Terms of Use, please leave the Website and discontinue use of the Services immediately.

AFIN may at any time vary or amend these Terms of Use by posting the amended Terms of Use on the Website. Any use of the Website or Services after the amendment of these Terms of Use is deemed acceptance of the amended Terms of Use by you. If you do not agree to the amended Terms of Use, you have the right to stop using the Website and Services.

1. Website and Services

1.1 The Website is owned and maintained by AFIN or its licensors.

1.2  AFIN offers one or more of the following features, functions and services (each a “Service” ” and collectively the “Services”) through the Website:

1.2.1  access to a collection of information, services, data, text, listings, pricing, graphics, images, videos, audio files and other types of works;

1.2.2  search engines or tools;

1.2.3  order forms, contact forms and other communication tools;

1.2.4  access to the APIX Platform, the APIX Community Platform, the APIX Global FinTech Marketplace and the APIX Sandbox (collectively, the “Subscribed Services”), accessible only to subscribers on terms to be set out in a separate User Agreement, for such subscribers to access and use the Subscribed Services; and

1.2.5  any other services, features, content or applications that AFIN may offer through the Website from time to time in our sole and absolute discretion.

1.3 AFIN reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Website at any time. We may also impose limits on certain features or restrict your access to parts of or the entire Services or Website without notice or liability.

2. Licence

2.1 AFIN hereby grants you a personal, non-exclusive, non-transferable and limited licence to use the Website, and access and use the Services available via the Website, subject to the terms set out in these Terms of Use.

2.2 You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:

2.2.1  any Service;

2.2.2 the Website; and

2.2.3  any materials, information, news, advertisements, listings, pricing, data, input, text, songs, audio, video, pictures, graphics, software, ideas and other content, that is made available on or via the Website or Services (collectively, “ The Content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website.”),except, to the extent permitted by law, with the prior written consent of AFIN or unless expressly permitted in these Terms of Use.

2.3 Without prejudice to the generality ofClause 2.2, you agree not to reproduce, display or otherwise provide access to the Website, Services or Content, for example through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of AFIN.

2.4  The Website and all Content are the copyrighted work of AFIN and its licensors. AFIN and its licensors reserve and retain all rights in the Website and Content.

2.5  You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Website or any Content, except under the specific circumstances expressly permitted by law or AFIN in writing.

2.6 You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Website, Services or our servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.

3. Intellectual Property

3.1 The copyright, patents, trademarks, registered designs and all intellectual property rights in the Services, the Website and all Content shall vest in and remain with AFIN and its licensors.

3.2 The trademarks, logos and service marks ( ("Marks") displayed on this Website are the property of AFIN and other third parties, and all rights to the Marks are expressly reserved by AFIN and the relevant third parties. You are not permitted to use the name of AFIN or any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of AFIN or the relevant third party.

3.3 The domain name on which the Website is hosted is the sole property of AFIN and you may not use or otherwise adopt a similar name for your own use.

4. Comments, Feedback and Other Information

4.1 You may provide or submit comments, feedback, suggestions and other content or information (collectively, "Comments" ) provided that the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. AFIN reserves the right (but is not obliged) to review, remove or edit such content.

4.2 You hereby grant AFIN a non-exclusive, transferable, royalty-free, perpetual, irrevocable and sub-licensable license to use, reproduce, modify, adapt, copy, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Website, for any purpose as AFIN may require at its sole discretion. You further agree that AFIN may use and publish your name in connection with such Comments.

4.3 If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Website, please contact us at apixadmin@apixplatform.com

5. Disclaimers & Limitations

5.1 While we use reasonable efforts to ensure that the Website, Services and all Content is accurate and complete, we provide the Website, Services and Content on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, AFIN disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non-infringement. Without limiting the foregoing, AFIN does not warrant that the functions contained in or access to the Website, Services, Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Website, Services, or Content are free of viruses or other harmful components, or that the viewing of the Website on any device will not affect the functionality or performance of the device. AFIN does not warrant or make any representations regarding the use or the results of the use of the Content, the Services or the Website in terms of their correctness, accuracy, completeness, reliability, or otherwise.

5.2 The Content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website.

5.3You agree that:

5.3.1 AFIN shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Website or Services without assigning any reason; and

5.3.2 access to or the operation of the Website and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors,

and in any such event, AFIN shall not be liable for any loss, liability or damage which may be incurred as a result.

5.4 To the fullest extent permitted by law, AFIN shall not be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the Services, the Website, Content or any other website or device. In the event that AFIN is liable for damages despite the foregoing provision, you agree that AFIN’s aggregate liability to you for any and all causes of action shall not exceed One Hundred Singapore Dollars.

5.5 In no event shall AFIN be liable for any indirect, special, consequential, or incidental damages that result from the Services, Website or Content, or your use of, or the inability to use, the Services, Website, Content or any other website or device, even if AFIN or a AFIN authorised representative has been advised of, or should have foreseen, the possibility of such damages.

5.6 You agree that the above exclusions and limitations of liability enable the Services and the Content to be provided by AFIN at either reasonable costs or no costs to you.

6. Linked Websites

6.1 AFIN may provide links, plug-ins, widgets or other connections to other sites (Linked Websites) that may be of relevance and interest to users. AFIN has no control over, and is not responsible for the content on or obtained through the Linked Websites or for any damage you may incur from the Linked Websites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Websites) or the availability, accuracy or reliability of any of the Linked Websites. You hereby agree to assume all risk arising from the use of the Linked Websites and hereby irrevocably waive any claim against us with respect to the Linked Websites. AFIN does not endorse, recommend or guarantee any of the Linked Websites, and AFIN expressly disclaims all liabilities and responsibilities arising in relation to any Linked Websites.

7. Security & Privacy

7.1 AFIN recognises the importance of keeping your personal information and data secure and private. To understand our security and privacy policies and practices, please read our Privacy Policy (https:/apixplatform.com/privacyandsecuritypolicy).

7.2 Please do not submit any personal information or data without first reading our Privacy Policy (https:/apixplatform.com/privacyandsecuritypolicy) which explains our data use and privacy practices in detail.

8. Access

8.1 You acknowledge and agree that you may not have access to certain parts of the Website if your device does not have the appropriate technology. In addition, You acknowledge and agree that access to certain areas of the Website are restricted to users who have registered for Subscribed Services.

9. Suspension and Termination

9.1 You agree that AFIN has the right in its sole and absolute discretion and without notice or liability to restrict, suspend, or terminate your access to all or any part of the Website or Services, without assigning any reason.

9.2 You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them

10. Notification of Infringement

10.1 AFIN reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“ Infringement”) in respect of the Website, Services or Content (“ Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Website or Services, please notify AFIN in writing immediately (“ Infringement Notice”).

10.2All Infringement Notices shall be sent to AFIN addressed as follows:  APIX Platform (Pvt) Ltd. > ASEAN Financial Innovation Network AFIN, Office#7-01, > Suite-5/6, The Octagon, 105 Cecil Street, Singapore – 069534 1234

 Email address: apixadmin@apixplatform.com

 Attn: Manish Diwan, Managing Director AFIN

10.4 You acknowledge and agree that AFIN has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through Linked Websites or other third party sites.

11. Jurisdictional Issues

11.1 The Website is available worldwide to anyone with Internet access. The Website contains information on our Services, which may not be available in every location. A reference to a Service on the Website does not imply that such Service is or will be available in your location. The Content of the Website, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each Service is void where prohibited by law.

11.2AFIN makes no representation that the Services and Contents of the Website are appropriate or available for use in your location. Those who choose to access this Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

12. Indemnity

12.1You agree to indemnify and hold AFIN, and its officers, agents, partners, and employees, harmless from all claims, demands, actions, proceedings, liabilities (including statutory liability and liability to third parties), penalties, and costs (including without limitation, legal costs on a full indemnity basis), awards, losses and/or expenses, due to or arising out of:

12.1.1 any use of the Website or any Service;

12.1.2 your connection to the Website;

12.1.3 your breach of any terms and conditions of these Terms of Use;

12.1.4 your violation of any rights of another person or entity, including intellectual property rights; or

12.1.5 your breach of any statutory requirement, duty or law.

13. Severability

13.1 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.

13.2 If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

14. No partnership or agency

14.1 Nothing in these Terms of Use shall constitute or be deemed to constitute an agency, partnership or joint venture between AFIN and you and neither party shall have any authority to bind the other in any way.

15. Waiver

15.1 No failure or delay by a party to exercise any right or remedy provided under this agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

16. Force Majeure

16.1 AFIN shall have no liability to you under this agreement if it is prevented from or delayed in performing its obligations under this agreement, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of AFIN or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or sub-contractors, or disruption or unavailability of any Linked Websites.

17. Governing Law & Jurisdiction

17.1 These Terms of Use and all matters relating to your access to, or use of, the Website and the Services shall be governed by and construed in accordance with the laws of Singapore including without limitation the provisions of the Singapore Evidence Act (Chapter 97) and the Electronic Transactions Act (Cap. 88), without giving effect to any principles of conflicts of law.

17.2 Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore, the tribunal shall consist of one arbitrator, and the language of the arbitration shall be English.