We grant you a limited worldwide, non-transferable, non-assignable, non-exclusive, revocable license to install, download, access and use the App in accordance with these Terms, effective upon your installation of and/or subscription to the App.
You are not obligated to register with us in order to access or use the Service. However, use of the Service is available only to users who have registered with us or certain other persons affiliated with us, who have been granted accounts (“Accounts”) with usernames and passwords. You must keep confidential and not share with any third party the details of your Account, including your username, password or any other information required for accessing and/or using the Services. You are responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account, whether or not you are aware of such activity. If you become aware that the confidentiality of such information has been compromised, you must immediately change your password and notify us. If we have any reason to believe that there may be a breach of security or misuse of the Services through your account or use of your password, we may notify you and require you to change your password, or suspend your account or use of the Services or terminate the provision of services to you.
You warrant and represent that you are the owner of and/or have relevant permission from the owner(s) of:
i. devices and/or equipment that you use; and
ii. data and/or online accounts to which you may choose to connect via the App, for the purposes of registering for, installing, downloading, accessing and/or using the App.
You accept responsibility in accordance with the Agreement whether or not you are the owner of such devices, equipment, data or online accounts.
2. You represent and warrant that all required registration information you submit regarding your Account is truthful and accurate, and that you will maintain the accuracy of such information (including email). You represent and warrant that you are at least eighteen (18) years of age and that you possess the legal right and ability to enter into this Terms of Service. FinPod may, in its sole discretion, refuse to accept or terminate your registration or account due to noncompliance with any eligibility requirement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to other restrictions, you must abide by such limits or other restrictions. In case of change of legislation in your jurisdiction FinPod may, in its sole discretion, suspend or terminate your registration or account without any notice, penalty or responsibility.
You consent to receive electronic communications from FinPod. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (including by posting on our Website) satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. By participating in certain Services you acknowledge that you will automatically receive certain messages related to the Services. We default to opt-in. You may control your notifications preferences from the Website or App or mobile phone settings and opt-out or (or opt back into) messaging at any time
This Terms of Service shall continue in effect until cease to have effect. We may modify or change the Terms of Service at any time without notice to reflect the changes, with or without cause. Every time you wish to use Finpod Services, please review this Terms of Service to ensure you understand the terms that apply at that time.
As a condition of your use of Finpod Services, you warrant to us that you shall not use the service for any purpose that is unlawful or prohibited by this Terms of Service and notices. You shall not use the site in any manner which could damage, disable, overburden, or impair Finpod Services or interfere with any other party’s use and enjoyment of the service. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App or Website.
Your use of the Finpod Services shall not:-
1) In any manner:
1..a) be false, inaccurate or misleading;
1..b) be violation of any applicable law, statute, ordinance, regulation or these Terms of Service.
1..c) use any portion of the Website, Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable or intimidate, bully, shame, or harass other users;
1..d) use any portion of the Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation
1..e) use the Website for any commercial purpose except as expressly permitted herein
2) upload, post, transmit, share, store, or otherwise input any false or misleading content or data with the intent of cheating or subverting the intended Services
3) infringe, misappropriate or violate a third party’s intellectual property rights, rights of publicity or privacy, or any applicable law or regulation
4) Encourage or enable any other individual to do any of the foregoing.
Except as otherwise permitted herein, you agree not to provide/post/authorize a link to any of the Services from a third party website. You agree that you shall not authorize others to use your Account; that you may not and shall not assign or otherwise transfer your Account to any other person or entity.
FinPod reserves the right to take whatever lawful actions it may deem appropriate in response to abovementioned violations and to cooperate with legal authorities in any investigation of any suspected or alleged crime or civil wrong, including, without limitation, the suspension or termination of your access to the Services. FinPod will not have any liability whatsoever to you for any termination of your rights or transmission of information mentioned in these Terms of Service.
Your use of the Services may now or in the future be subject to your payment of the applicable fees (“Fees”). If you use any paid Services, you must specify a verified account with one of FinPod’s [PCI-compliant payment processors] (the “Payment Processor”) that will be used to make payments to FinPod (the “Authorized Payment Method”). FinPod does not itself see or store any of your credit card details. In the future, FinPod may discontinue supporting any particular Payment Processor, or it may support additional Payment Processors. Unless specified otherwise, all amounts payable hereunder shall be paid when due in the indicated currency, in immediately available funds by the Authorized Payment Method that you specified, in full without set-off, counterclaim or deduction. Use of the third party Payment Processor is subject to such Payment Processor’s terms and conditions. in the event of a disputed charge, you should contact FinPod first and attempt to resolve the matter with our customer service representatives, who can be reached at [[email protected]]. Failure to first contact customer services by directly contacting the payment processor may result in a loss of app privileges. All payments are exclusive of local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments (including without limitation, sales taxes, use taxes and value added taxes), and you agree to bear and be liable for the payment of all such charges (excluding taxes based upon the payee’s net income). All refund requests must be made by you to Customer Service within one month after the date of the disputed charge. If any hold or charge-back is made to your Authorized Payment Method without first contacting Customer Services, then we have the right to suspend the User’s account indefinitely, until the dispute is resolved.
Right to Remedies: You agree that any violation or threatened violation of these Terms of Service may cause us irreparable and unquantifiable harm, and you agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.
Right to Monitor: FinPod neither actively monitors use of the Services nor exercises editorial control over the content of any third party’s website, e-mail transmission, or other material created or accessible over or through the Services. However, FinPod does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials or user content that, in FinPod’s sole discretion may, be illegal, subject FinPod to liability, violate these Terms of Service, or are, in the sole discretion of FinPod, inconsistent with FinPod’s purposes for this Website or the Services.
The Services, including the Website, App, or any related service, is provided on an “as is” and “as available” basis, with all faults. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, we disclaim any and all warranties and representations of any kind, whether express or implied, or statutory, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, no liens, no encumbrances, workmanlike effort, and non-infringement, or any warranties or conditions arising out of course of dealing or usage of trade. If you are dissatisfied or harmed by anything relating to the Services, you may leave the Services and this will be your sole and exclusive remedy. We (and our suppliers) make no warranty that the Services will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, complete, reliable, free of viruses or other harmful code. If applicable law requires any warranties regarding the Services, we limit all such warranties to thirty (30) days from the date of first use. Some jurisdictions do not allow exclusion of implied warranties or limitations on their duration so the foregoing sentence may not apply to use. No oral or written information or advise given by FinPod or its authorized representatives shall create a warranty or in any way increase the scope of this warranty. You are responsible for compliance with local laws. FinPod is not responsible or liable in any manner for any material submitted by you or by a Third Party that is posted on or accessible through the Services. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit, or share on the Services or for the conduct, whether online or offline, of any user. We may post testimonials for informational purposes only. Any information that could be regarded as a testimonial or endorsement on the Website or Services does not constitute a guarantee, warranty, or prediction by us regarding the outcome of any past, ongoing, or future conversation or interaction with you.
Finpod and its affiliates, vendors, licensors, and other third parties mentioned on the site are neither responsible nor liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages whatsoever (including, without limitation, those resulting from lost profits, lost data, or business interruption) arising out of or relating in any way to the service, website, app, content or information contained within any of the foregoing, and/or any hyperlinked web site, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages, to the fullest extent permitted by law. your sole remedy for dissatisfaction with the service, and/or hyperlinked web sites is to stop using the websites and/or the service. You acknowledge that this paragraph shall apply to all content, merchandise and services (if applicable) available through the Services. Your access to, and use of, the Services is at your own risk and you are solely responsible for any damage to your computer, device, system, or data.
The App may contain links and/or references to third party websites, content, information, products and/or services (“Third Party Content”). Any such links, references and Third-Party Content are provided for your convenience only and do not mean that we endorse them. We have no control over such Third-Party Content and accept no legal responsibility for them. Your use of such Third-Party Content will be subject to the terms and conditions and privacy statements of that third party. We will not assess the suitability, legality or ability of any third party service providers and you expressly waive and release FinPod from any and all any liability, claims or damages arising from or in any way related to the third party service provider. We will not be a party to disputes, negotiations of disputes between you and any third party providers. Finpod makes no representation, warranty, or guaranty as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service. You agree that it is your responsibility to take reasonable precautions in all actions and interactions (including advertising) with any third party you interact with through the Service.
Some software packages, archives, or parts of the App may be authorised under an open source software permit (“Open Source Components”). You understand that your use, replication and/or distribution of any such Open Source Components are exclusively dictated by the terms of the applicable open source software authorization and not the Agreement. We have not incorporated or otherwise used any Open Source Components, in whole or in part, in the App in any manner that requires or has as a condition of use of such Open Source Components that the App be: (i) disclosed or distributed in source code form, (ii) licensed for the purpose of making derivative work(s), (iii) redistributable at no or minimal charge, or (iv) that otherwise imposes any limitation, restriction or condition on our right or ability to make use of or distribute the App.
You understand, acknowledge, and freely assume all risks, including psychological and emotional risks (whether or not foreseeable), relating to your access to and activities with respect to the Services, or relating to information, or services, provided by us or any of our agents or employees or agents. You assume personal responsibility for any injury or harm of any kind (including, but not limited to, psychological or emotional injuries), illness, damage, loss, claim, liability or expense, of any kind or nature, that your person or property may suffer arising out of or in connection with the Services or use therein.
By viewing the Website or using the Services you agree to fully release, indemnify, and hold harmless, including costs and attorneys’ fees, FinPod from any claim or liability whatsoever and for any damage or injury, personal, financial, emotional, psychological or otherwise, arising at any time out of or in relation to: (a) your use of or reliance on the information presented on the Website or through the Services; (b) your violation of these Terms of Service or of applicable laws or regulations; or (c) any user content you uploaded to the Website or Services. FinPod reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FinPod. FinPod will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
If FinPod believes, in its sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, FinPod will investigate the situation until an adequate resolution has been reached, as determined by us, and which may require the involvement of third parties, including any applicable credit card company. FinPod will make commercially reasonable efforts not to exceed a ninety-day (90) hold on your account as we and/or a third-party investigate.
Copyright: Except as otherwise expressly stated, the Website, App, Services, and all content thereon is the copyrighted work of FinPod Limited and/or its suppliers, affiliates, vendors, and third party licensors and content suppliers and is protected by local and international copyright laws. If you provide FinPod with any feedback, suggestions, enhancements requests, ideas, recommendations regarding the Website or the Services you hereby assign to FinPod all rights to such information and agree that FinPod shall have the right to use and fully exploit such information in any manner it deems appropriate. FinPod will treat any of such information as non-confidential and non-proprietary. You agree that you will not submit any information that you consider to be confidential or proprietary. Any rights not expressly granted by these Terms of Service or any applicable end user license agreements are reserved by FinPod and/or its vendors and licensors.
Download and Use of Information: You may download information from the Website or Services and print out a hard copy for your personal use provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained in the information. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any information, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of FinPod or any applicable third party suppliers. The use of information by you is prohibited unless specifically permitted by FinPod. Any unauthorized use of text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You may not link to the Website or Services from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is other inappropriate (in FinPod’s sole discretion). FinPod reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with FinPod’s Website or this Terms of Service. Any unauthorized use terminates the permission or license granted to you by FinPod to use the Website.
Infringement: FinPod does not warrant or represent that your use of any information or other materials displayed on the Services will not infringe rights of third parties. Your use of any of the information or materials beyond the scope of personal use may require a license from the owner of the rights to the data with respect to the use of portrait right, trademark, copyright, design right, right of utilization or any other rights of the persons, products or landscape portrayed in the provided information or materials. FinPod is not responsible for any claims of ownership rights to any images or data against you. You will indemnify, defend and hold harmless FinPod from and against any claims, by an owner of data or image rights or any third party resulting from violation of these Terms of Service.
Trademarks and Service Marks: Certain trademarks on the Services are the service marks and trademarks of FinPod, or other licensees of FinPod. The domain name for the Website, all page headers, graphics, and button icons are service marks, trademarks, logos, and/or trade dress of FinPod. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website or the Services without the prior written authorization of FinPod.
You can click to unsubscribe or opt-out of email communications from FinPod at any time or reply by typing “unsubscribe” in e-mails you receive from us. It is important to note that you cannot opt-out from receiving all communications from us if you wish to subscribe to our service. If you opt-out or unsubscribe from all email from FinPod while remaining a user, you will become ineligible for receipt of and use of our services.
Entire Agreement: These Terms of Service constitutes the sole agreement between you and FinPod relating to your use of the Service, and supersedes all prior or contemporaneous communications of any kind between you and FinPod with respect to the Service, and no representations, statements or inducements, oral or written, not contained in these Terms of Service shall bind either you or FinPod.
If any part of these Terms of Service are found to be unenforceable under applicable law, then that part will be replaced with terms that most closely match the intent of the unenforceable part to the extent permitted by law. The invalidity of part of these Terms of Service will not affect the enforceability of the remaining provisions.
No Assignment: You may not assign, transfer or delegate your rights or obligations within these Terms of Service in whole or in part without our prior written consent. We may freely transfer, assign or delegate all or any part of these Terms of Service, and any rights and duties hereunder, at any time, without notice to you. These Terms of Service shall be binding upon and inure to the benefit of each of the parties, their heirs, successors and permitted assignees.
No Waiver: Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of these Terms of Service, shall not be considered waiver thereof, which can only be made by signed writing. No waiver by FinPod of any right under these Terms of Service will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
The Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region and the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service or related subject matter or formation.
Force Majeure: The performance of FinPod hereunder is subject to interruption and delay due to causes beyond its reasonable control including acts of God, acts of government, war, pandemic, civil disorder, fire, power failure, equipment failure, labor dispute, inability to obtain necessary supplies, and the like.
Notwithstanding any provision in these Terms of Service to the contrary, the following provisions shall survive termination or expiration of these Terms of Service: Disclaimer; Limitation of Liability; Assumption of Risks; Indemnification; Intellectual Property; Third-Party Content; Miscellaneous Terms.
Contact Us. If you have any questions about these Terms of Service, please contact us at [email protected]. We will attempt to respond to your questions or concerns promptly.
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FinPod and the FinPod logo are trademarks owned by FinPod Limited.
Any unauthorized use of trademarks or proprietary content from this document is prohibited.