TERMS OF USE
1. Introduction
Welcome to Fintrade Securities Corporation Limited (“FSCL”) (“Company”, “we”, “our”, “us”)!
FSCL is a company incorporated under the Labuan Companies Act 1990 and is regulated by the Labuan Financial Services Authority.
The products and services as stated on our website are available at our discretion and are subject to specific product and service Terms of Use.
In the event of conflict between these Terms of Use (“Terms of Use”) and the specific product and service Terms of Use, the specific Terms of Use applicable to the relevant product and service shall prevail.
We only offer products and services available on our site in jurisdictions where we may lawfully do so.
Depending on the laws and regulations of your country, region or area, the full range of products or services may not be available in your country, region or area.
We may withdraw or revise any products and services from our site at any time without prior notification.
The information and material on this site are not an advice or recommendation for products or financial services.
Any action by you signifying your agreement or instruction to us in relation to your purchase or subscription or other decisions concerning our products or services may constitute a valid electronic signature of yours.
2. Use of this Site
Our website contains herein information on us and the products and financial services offered by us and include links to our local websites and other sub-sites (collectively “Site”).
Your use of this Site is governed by these Terms of Use and our Privacy Policy located at the Site operated by FSCL.
Our Privacy Policy also governs your use of our Site and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms of Use and our Privacy Policy (“Agreements”). Your use of this Site constitutes an acknowledgement that you have read, understood, and acceptance to be bound by the Agreements.
If you do not agree with (or cannot comply with) the Agreements, then you may not use the Site, but please let us know by emailing us so we can try to find a suitable solution. These Terms of Use shall apply to all visitors, users and others who wish to access or use our Site.
3. Personal Data
Our Privacy Policy may be amended or replaced from time to time. You should check for any updates of our Privacy Policy. Please read our Privacy Policy carefully before inputting or uploading any of your data on this site. By using this site, you must have read and understand our Privacy Policy and consent to us handling and disclosing your personal data, including sensitive personal data in accordance with our Privacy Policy.
To protect the privacy and confidentiality of you and others, please think carefully before you input or upload any private or confidential information of any person, including, but not limited to, personal image or data, account or credit card number, user ID or password, onto or via this site.
4. Communications
By using our Site, you hereby agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by emailing us.
5. Cookies
In these Terms of Use, the term “Cookies” refers to cookies, pixels, and similar technologies that may be used by FSCL.
In particular, Cookies are small data files which are placed on your computer or mobile or other electronic devices when you access our website or online information.
The Cookies function helps us to improve our services to you through personalisation and also reduce internet security frauds.
If you do not agree to our use of cookies, you may disable cookies on your device or do not use this Site.
6. Content
All content including information, introductions, presentations, statements, webpages, messages, photos, pictures, sound etc (“Content”) found on or through this Site are the property of FSCL or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us. You are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via this site.
We including our suppliers, vendors, holding, subsidiary, affiliates, officers, agents or employees, will not be liable in any way for any Content including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via our site.
7. Prohibited Uses
You may only use the Site for lawful purposes and in accordance with the Terms of Use. You agree not to use the Site:
In any way that violates any applicable national or international law or regulation.
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate FSCL, FSCL’s employee, another user, or any other person or entity.
In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm or offend FSCL or users of Site or expose them to liability.
Additionally, you agree not to:
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Upload or install any viruses, trojan horses, worms, logic bombs, or other Internet virus or material which is malicious or technologically harmful to our Site.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Take any action that may damage or falsify FSCL’s rating.
Otherwise attempt to interfere with the proper working of the Site.
8. Analytics
We may use third-party service providers to monitor and analyze the use of our Site
9. No Use by Minors
Our Site is intended only for access and use by individuals who are at least eighteen (18) years age. By accessing or using our Site, you hereby warrant and represent that you are of at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the Terms of Use of Terms of Use. If you are not at least eighteen (18) years age, you are prohibited from both the access and usage of the Site.
10. Intellectual Property
All intellectual property rights on the Contents, the Site and its original content (excluding Content provided by users), features and functionality contained on the site are and will remain the exclusive property of FSCL and its licensors. The Site is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of FSCL.
11. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to us, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “COPYRIGHT ACT 1987, Internal Investigation for Potential Copyright Infringement Claims”
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.
12. COPYRIGHT ACT 1987, Internal Investigations for Potential Copyright Infringement Claims
You may submit to our Copyright Agent with the following information in writing for our internal investigation:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of false statement, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Upon completion of our internal investigation, we will provide you a summary of our investigation for your further reference accordingly.
13. Reporting and Feedback
You may provide us either directly via email or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Site (“Feedback”). You acknowledge and agree that:
you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
Company may have development ideas similar to the Feedback;
Feedback does not contain confidential information or proprietary information from you or any third party; and
Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
14. Hyperlinks
Our Site may contain links to third party’s web sites or services that are not owned or controlled by FSCL. Any inclusion of hyperlinks on the site does not imply any endorsement of the material on such sites.
FSCL has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT FSCL SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF USE AND PRIVACY POLICIES OF ANY THIRD-PARTY WEB SITES OR SERVICES THAT YOU VISIT.
15. Disclaimer of Warranty
THE SITE IS PROVIDED BY FSCL ON AN “AS IS” AND “AS AVAILABLE” BASIS. FSCL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU HEREBY EXPRESSLY AGREE THAT YOUR USE OF THE SITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER FSCL NOR ANY PERSON ASSOCIATED WITH FSCL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER FSCL NOR ANYONE ASSOCIATED WITH FSCL REPRESENTS OR WARRANTS THAT THE SITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
FSCL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF FSCL HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF FSCL, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. Jurisdictions and Governing Law
These Terms of Use shall be governed and construed in accordance with the laws of Labuan and the laws of Malaysia, which governing law applies to agreement without regard to its conflict of law provisions. Any dispute, controversy or claim arising out of or in connection with these Terms of Use shall be subject to exclusive jurisdiction of the Malaysian Courts. However, we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.
Our failure to enforce any right or provision of these Terms of Use will not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site.
18. Changes to the Site
We reserve the right to withdraw or amend our Site, and any services or materials which we may provide via the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
19. Amendments to Terms of Use
We may amend the Terms of Use at any time by posting the amended terms on this site. Notice may be posted at the Site, however it is your responsibility to review these Terms of Use periodically to keep you up to date. Your use of this site will signify your consent and acceptance to any changes made to the Terms of Use from time to time. We may suspend or stop this Site and/or any of its service for any reason whatsoever and are not liable for any suspension or unavailability of any contents of this site.
Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site.
20. Waiver And Severability
No waiver by FSCL of any term or condition set forth in the Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FSCL to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms of Use will continue in full force and effect.
21. Language
In the event there are inconsistencies or conflict arising between the English and other language versions of the Terms of Use, the English version shall prevail.
22. Acknowledgement
BY USING OUR SITE OR OTHER SITES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.