to comply with all applicable laws, regulations and rules in relation to your access to and use of the Platform and/or Services.
ACCESS AND USE OF THE PLATFORM AND/OR SERVICES
Access to the Platform and/or the Services
[Access to the Platform is made available free of charge.]
Incubatrix does not guarantee that the Platform and/or the Services or any content on the Platform will always be available or uninterrupted.
Incubatrix reserves the right to:
terminate, disable, suspend, interrupt, change, update, modify or discontinue any aspect of the Platform and/or Services from time to time at its sole discretion without notice;
reject potential Users that do not meet the reasonable rules and requirements established from time to time by Incubatrix for use of the Platform and/or Services;
impose limits on certain features on the Platform and/or Services, to deny or restrict access to parts or all of the Platform and/or Services to any particular person, or to block access from a particular Internet address to the Platform, at any time, without ascribing any reasons whatsoever.
Incubatrix shall not be liable to you if for any reason the Platform and/or the Services are unavailable at any time or for any period.
Use of Platform and/or Services
You understand and agree that you are strictly prohibited from duplicating, adapting, modifying, commercially distributing, publishing, licensing, exploiting or selling any part of or any information obtained from the Platform and/or Services.
You may not use this Platform and/or the Services:
in any way that violate any applicable laws, regulations, rules, third party rights, or any of our policies;
in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
to decompile, disassemble, reverse-engineer, or derive or attempt to derive the source code form of this Platform and/or the Services;
in any way that circumvents or manipulates our fee structure, the billing process, or the fees owed to Incubatrix;
to circumvent, disable or otherwise interfere with security-related features of the Platform and/or Services or features that prevent or restrict use or copying of any Content (as defined below) or that enforce limitations on the use of Services;
to post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
to develop a competing service or product;
to take any action that may undermine the feedback or ratings systems of the Platform and/or Services;
to transfer your Account to another party without Incubatrix’s consent;
to transmit, distribute, post or procure the transmission, distribution, posting of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (including but not limited to spam, chain letters, or pyramid schemes);
to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
to harvest or otherwise collect personal information about Users, including email addresses, without their consent; and/or
in any way to circumvent or avoid investing limits, restrictions, holds or other policy consequences.
Account and Security Codes
Incubatrix reserves the right in its sole discretion to refuse to approve the creation of an Account.
If you choose, or are provided with, a user identification code, password or any other piece of information as part of Incubatrix’s security procedures (“Security Codes”), you must keep all such Security Codes secure at all times and shall not disclose them to any third party.
You are responsible for the use of your Account and the confidentiality and use of your Security Codes. It is vital that you take steps to prevent disclosure or discovery of the Security Codes provided to you as you are liable for any activity that occurs in connection with your Account, regardless of whether such activity is associated with any unauthorised use of your Account and/or Security Codes.
You agree to notify Incubatrix immediately if you know of or suspect any unauthorised use of your Account and/or Security Codes or if the confidentiality of your Account and/or Security Codes have been compromised. Incubatrix may at their sole discretion require you to use and shall issue to you, replacement Security Codes.
You shall notify Incubatrix immediately at email@example.com upon receipt of any data or information which is not intended for you and you shall delete such data or information from your telecommunications device or equipment immediately.
All information, text, descriptions, data, graphics, images, logos, illustrations, designs, icons, video clips, audio clips, sounds, files, specifications, advertisements, titles, names, intellectual property rights and any other information provided on the Platform (collectively, the “Content”) are owned by the Group and/or a third party (which may be indicated by a link to or from an external source, or otherwise).
Content on the Platform is for general information purposes only and is not binding on Incubatrix in any way except to the extent that it is specifically indicated to be so. The Content has been provided on an "as is" and "as available" basis and are of a general nature which have not been verified, considered or assessed by Incubatrix in relation to the making of any specific investment, business, financial or commercial decision.
The Content is not provided with regard to the specific investment objective, financial situation or needs of any particular person who may receive the Content. Accordingly, you should seek professional advice at all times and obtain independent verification of the information and materials contained herein before taking, or refraining from, any action on the basis of the Content.
The Platform contains a large amount of Content. It is also possible that despite Incubatrix’s reasonable efforts, there may be errors in the Content, including but not limited to information in respect of the Services (e.g. quantum, interest rate, availability). If Incubatrix discovers any such error(s) in connection with a Transaction carried out by you, Incubatrix will inform you of this error and give you the option of continuing with the Transaction based on the revised accurate Content. Incubatrix will not process the Transaction until your instructions have been obtained. If Incubatrix is unable to contact you using the contact details registered under your Account, Incubatrix will treat the Transaction as terminated and to the extent any payment(s) have been made by the User to Incubatrix, such monies shall be refunded. For the avoidance of doubt, notwithstanding any provision to the contrary, if any error in the Content is obvious and unmistakable and could have reasonably been recognised by you as an error, Incubatrix is not bound to provide the Services and/or proceed with the Transaction based on such erroneous Content.
The Platform may include links to third party websites that let you leave the Platform. These linked sites are not under the control of Incubatrix and Incubatrix is not liable or responsible for the accuracy, completeness, timeliness or availability of any third party Content. Links to any third party websites are provided for your convenience only and the inclusion of any link does not imply endorsement by Incubatrix of the website. Your use of such third party website is at your own risk and may be subject to that third party’s terms and conditions.
Intellectual Property Rights
The Group is the owner or the licensee of all intellectual property rights in the Platform and/or the Services. Such intellectual property rights shall include but are not limited to copyrights, trademarks, industrial design rights, patents, know-how, privileged or similar information, whether registered or not, as well as all other rights related to the Group’s trademarks, Services or business activities. All rights, title and interest in the aforementioned materials are owned by, licensed to or controlled by Incubatrix.
No Content shall be reproduced, copied, modified, licensed, transferred, republished, uploaded, posted, transmitted or otherwise distributed in any way without the prior written consent of Incubatrix. Graphics and images on the Platform, including the [TradeFinanceMarket] logo and related images, are protected by copyright and may not be reproduced or appropriated in any manner without the prior written consent of their respective copyright owners.
The downloading of any Content from the Platform by you does not in any way transfer title of such Content to you. You own the medium on which the Content is recorded but Incubatrix retains full and complete right, title and interest in and to the Content and all intellectual property rights therein, excluding any Content provided by other third parties and any User-Generated Content (as defined below). You may not redistribute, sell, de-compile, reverse-engineer or disassemble or otherwise deal with the Content nor create derivative works from the Platform. Any unauthorized use of the Platform, Services and/or the Content is strictly prohibited.
Modification of any of the Content or use of any of the Content for any other purpose will be a violation of Incubatrix’s copyright and other intellectual property rights.
Incubatrix does not claim ownership of the content you provide to Incubatrix (including comments, feedback, ratings, suggestions) or post, upload or submit to the Platform for review by the general public, or by the members of any public or private community (collectively, “User-Generated Content”).
Any User-Generated Content posted, uploaded or submitted on the Platform will be considered non-confidential and non-proprietary and you grant Incubatrix an irrevocable, non-exclusive, worldwide, royalty-free license to use, copy, distribute, reproduce, publish, exploit, sublicense and otherwise disclose to third parties such User-Generated Content for any purpose without providing notice to you. No User-Generated Content submitted shall be deemed confidential.
Incubatrix has the right to disclose your identity to any third party who is claiming that any User-Generated Content posted or uploaded by you to the Platform constitutes a violation of their intellectual property rights, or of their right to privacy and Incubatrix will not be responsible, or liable to any third party, for the User-Generated Content or accuracy of any User-Generated Content posted by you or any other User.
You agree that any User-Generated Content that you post, upload or submit to the Platform:
is accurate (where they state facts);
is genuinely held (where they state opinions); and
complies with applicable laws in the country from which they are posted.
You agree that you are solely responsible for all User-Generated Content that you post, upload or submit to the Platform and understand that you may not have recourse to edit or remove such User-Generated Content.
You agree that you shall not post, upload or submit to the Platform, any User-Generated Content that:
is not related to appropriate subject matters;
is misleading to others;
contains viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
infringes any third party intellectual property rights;
is unlawful, harmful, threatening, abusive, vulgar, obscene, defamatory, pornographic, indecent, hateful, offensive, or racially, ethnically or otherwise biased or offensive;
promotes any illegal activity;
is likely to deceive any person;
is in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
contains or constitutes any unsolicited or unauthorized advertising, promotional materials, junk, spam, chain letters, or any other form of solicitation;
advocates, promotes or assists any unlawful act (including but not limited to copyright infringement or computer misuse); or
intentionally or unintentionally breaches any applicable law, regulations or rules (including but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
The User-Generated Content does not represent Incubatrix’s views, opinions, advice, values or beliefs and Incubatrix makes no warranties, representations or claim of accuracy or completeness of any such User-Generated Content.
If you register for an Account, you hereby agree and consent that Incubatrix may perform an initial background check (and subsequent periodic follow-up checks) on you and any of your directors and officers (as applicable) to help us determine your suitability to participate in our Service(s) (each, a “Background Check”).
Each Background Check may, without limitation, include a review of: (i) your personal data; (ii) credit history; (iii) whether you, or any of your directors and officers (as applicable), has any state or federal convictions and criminal records; (iv) information that is publicly available about you and/or any of your directors and officers (as applicable); (v) information that we obtain from third party service providers; and (vi) whether you, or any of your directors and officers (as applicable), have ever been declared bankrupt. You agree to cooperate with Incubatrix with respect to Background Checks and shall promptly, upon request, provide (or sign) any information, documentation and/or consent that we may require to perform a Background Check.
immediate, temporary or permanent removal of any User-Generated Content from the Platform at any time and for any reason;
immediate, temporary or permanent withdrawal of your right to use the Platform and/or Services;
immediate suspension or termination of your Account;
issue of a warning to you; and/or
institute legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to, reasonable administrative and legal costs) resulting from the breach.
DISCLAIMER AND EXCLUSION OF LIABILITY
INCUBATRIX ASSUMES NO LIABILITY OR RESPONSIBILITY FOR:
ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, USER-GENERATED CONTENT, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE PLATFORM;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE PLATFORM AND/OR SERVICES USING YOUR ACCOUNT AND/OR SECURITY CODES;
ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS (WHETHER PROVIDED BY INCUBATRIX DIRECTLY OR BY THIRD PARTIES APPOINTED BY INCUBATRIX) AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
ANY PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM A USER’S ACCESS TO AND USE OF OR RELIANCE ON ANY CONTENT, USER-GENERATED CONTENT, SERVICES AND/OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE PLATFORM, SERVICES AND/OR ANY LINKED THIRD PARTY WEBSITE(S);
ANY INTERRUPTION, DELAY, INTERCEPTION, FAILURE OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES PROVIDED ON THE PLATFORM AND/OR LINKED THIRD PARTY WEBSITE(S);
ANY VIRUSES, TROJAN HORSES, WORMS, TIME-BOMBS, KEYSTROKE LOGGERS, SPYWARE, ADWARE OR ANY OTHER HARMFUL PROGRAMS OR SIMILAR COMPUTER CODE DESIGNED TO ADVERSELY AFFECT THE OPERATION OF ANY COMPUTER SOFTWARE OR HARDWARE TRANSMITTED THROUGH THE PLATFORM AND/OR ANY LINKED THIRD PARTY WEBSITE(S);
ANY ERRORS OR OMISSIONS IN THE CONTENT, USER-GENERATED CONTENT, INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE PLATFORM AND/OR SERVICES (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)); AND/OR
FOR ANY LOSS OR DAMAGE OF ANY NATURE INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY OF THE FOREGOING.
EXCEPT AS EXPRESSLY STATED HEREIN, INCUBATRIX DOES NOT WARRANT THE TRUTH, ACCURACY, ADEQUACY, COMPLETENESS OR REASONABLENESS OF THE CONTENT, USER-GENERATED CONTENT, UNDERLYING SOFTWARE, THE PLATFORM, THE SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE PLATFORM AND/OR LINKED TO FROM THE PLATFORM. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS OR STATUTORY (INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS AND OTHER MALICIOUS CODE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE) IS GIVEN IN CONJUNCTION WITH SUCH CONTENT, USER-GENERATED CONTENT, THE UNDERLYING SOFTWARE, THE PLATFORM, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE PLATFORM AND/OR SERVICES.
INCUBATRIX DOES NOT OPERATE AS A BROKER OR AN ACCOUNTING, FINANCIAL OR INVESTMENT PLANNER OR ADVISOR. ACCORDINGLY, IT DOES NOT PROVIDE ANY FINANCIAL, BUSINESS, ACCOUNTING, SECURITIES, TAX OR LEGAL ADVICE. THE USE AND RELIANCE UPON ANY AND ALL OF THE CONTENT, USER-GENERATED CONTENT, UNDERLYING SOFTWARE, PLATFORM, SERVICES OR ANY OTHER INFORMATION OR MATERIAL SET OUT OR MADE AVAILABLE THROUGH THE PLATFORM IS AT THE USER’S OWN DISCRETION AND RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS.
UNDER NO CIRCUMSTANCES SHALL INCUBATRIX BE LIABLE TO THE USER FOR:
ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE;
LOSS OF DATA OR OTHER EQUIPMENT OR PROPERTY;
ECONOMIC LOSS OR DAMAGE;
ANY LIABILITY INCURRED BY THE USER FOR LOSS OR DAMAGE OF ANY NATURE WHATSOEVER SUFFERED BY THIRD PARTIES (INCLUDING IN EACH CASE INCIDENTAL AND PUNITIVE DAMAGES); AND/OR
ANY LOSS OF ACTUAL OR ANTICIPATED PROFIT, USE, OPPORTUNITIES, INTEREST, REVENUE, ANTICIPATED SAVINGS, BUSINESS OR DAMAGE TO GOODWILL, EVEN IF INCUBATRIX IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
YOU AGREE THAT INCUBATRIX’S ABILITY TO OFFER THE PLATFORM AND/OR SERVICES ON THE TERMS PROVIDED HEREIN IS PREMISED UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT ALL SUCH LIMITATIONS AND EXCLUSIONS FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE USER AND INCUBATRIX.
The User shall keep Incubatrix fully indemnified against all actions, claims, demands, proceedings, liabilities, losses (whether direct, indirect or consequential), costs (including legal costs on a full indemnity basis) and expenses of every kind suffered or incurred by Incubatrix, its officers, employees, servants, representatives, manufacturers, distributors, corporate affiliates and/or agents, arising out of or in connection with:
any claim made by any third party due to or arising out of any Content and/or User-Generated Content posted by the User on the Platform;
any infringement or misappropriation by the User of any third party’s patent, copyright, trademark or other intellectual property rights in connection with the use of the Platform and/or Services; and
Severability. All covenants, undertakings and other obligations given or entered into by the parties hereto are given or entered into severally unless the context otherwise requires.
Notices. Except as explicitly stated otherwise, any legal notices shall be served on (i) Incubatrix via pre-paid first class post or recorded delivery post, to 420 North Bridge Road, #05-03, North Bridge Centre, Singapore 188727 and (ii) the User at the email address set out in the Account. Notice shall be deemed to have been received by the User at the time of transmission, unless Incubatrix is notified that the email address is invalid. Alternatively, Incubatrix may give you legal notice by pre-paid first class post or recorded delivery post to the mailing address set out in your Account. A correctly addressed notice sent by pre-paid first class post or recorded delivery post shall be deemed to have been received at the time at which it would have been delivered in the normal course of post.
Limits of Services. Services referred to in the Platform are offered only in jurisdictions where and when they may be lawfully offered by Incubatrix. The Services are not intended for use by persons located in or resident in jurisdictions that restrict the provision of Service(s) by Incubatrix. Users are required to inform themselves about and observe any relevant restrictions under any applicable law(s).
For all User related enquiries, you may email us directly at firstname.lastname@example.org or call us at + 1 888 310 7773.