Terms and Conditions

Effective Date: 31 August 2019

Welcome to our Terms and Conditions of Use. As this affects your legal rights, kindly read them carefully and our Privacy Policy and other terms referenced in this Terms and Conditions of Use carefully.

1 Introduction

By clicking “Apply Now”, or submitting your application or otherwise engaging Capitall Pte. Ltd. (“Capitall”, the “Company”, “we”, “us”, “our”) financial service (“Capitall Service” or “Service” or “Loan”), including via software application or website, you are entering into a binding contract with Capitall Pte. Ltd. (UEN: 201600002G). Capitall Service shall also include our Customer Support and Contact Centre.

Your agreement with us includes these Terms and Conditions (“Terms”) and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are collectively referred to as the “Agreements”). If you wish to review the terms of the Agreements, the latest and effective version of the Agreement can be found on Capitall’s Website – https://capitall.com.sg/ You acknowledge that you have read, understood and accepted these Agreements and to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you are not eligible to use Capitall Service.

Please peruse these Agreements carefully as they encompass important information about Capitall Service provided to you, the Terms, future changes to these Agreements, Privacy Information, waiver, limitation of liability, Governing Law etc.

Any information that you have provided us can be corrected during the application process or otherwise, you may write in to us via the “Contact Us” tab on our website (www.capitall.com.sg).

In order to use Capitall Service, you need to be

(1) 18 or older;

(2) have the power and capability to enter into a legally binding contract with us and not barred from doing so under any applicable laws; and

(3) be a resident or legally employed in Singapore.

You further represent, warrant and promise that any information submitted to Capitall during the application process is true, accurate, complete to the best of your knowledge and belief. In addition, you understand and is well aware that you may be held liable in the event any of the information you have submitted is found to be false or untrue or misleading or misrepresenting.

2 Changes to the Agreements
Occasionally, we may, at our discretion, make changes to the Agreements. When material changes are made to the Agreements, we will provide you with a notice by

(1) notifying you via our software application;

(2) sending you an email; or

(3) sending you a text message, at our discretion. We endeavour to notify you at least 14 days in advance or otherwise, as soon as practicable.

Your continued use after being served such notice shall constitute your acceptance of the changes. Therefore, please ensure you read any such notice carefully. If you do not wish to continue using our Service, you may terminate these Agreements you may write in to us via the “Contact Us” tab on our website (www.capitall.com.sg).

3 Intellectual Property and Copyright
All Capitall trademarks, service marks, trade names, logos, domain names, and any other features of Capitall (“Capitall Brand Features”) may not be used in connection with any product or service without the prior written consent of Capitall. The aforesaid however, may be used by partners and third party in connection with providing the Service so long as they use it in a manner consistent with Capitall’s requirements.

You shall also not reverse-engineering or modifying the system designs of Capitall Service.

If you believe that Capitall has infringed your copyright or constitutes a violation of your intellectual property rights, please submit a notice of the alleged infringement or violation to the following address:

Att: Data Protection Officer,

Capitall Pte Ltd

35 North Canal Road

#02-01

Singapore 059291

Ideally, your notice should include as much detail as possible, including, where applicable:

A physical or electronic signature of the owner (or person authorised to act on behalf of the owner) of the copyright/intellectual property that is allegedly infringed or violated;
Specific identification of the copyrighted work or intellectual property claimed to have been infringed or violated;
Specific description of the infringement (please be as detailed as possible);
Contact information for the complaining party, including the exact name, address, telephone number and email address;
A declaration that the complaining party has done it in good faith belief that use of such copyrighted work of intellectual property that is alleged infringed or violated is not authorised by the proprietary owner, its agent or the law; and
A declaration that the information detailed in the notification is accurate and that the complaining party is the proprietary owner, or an agent for the proprietary owner or authorised to act on behalf of the proprietary owner.
4 Third Party Applications
Capitall Service is integrated with third party applications, websites and services (“Third Party Application”) to enable us to provide you with our Service. The Third Party Application has their own terms and conditions of use and privacy policy of which you will be notified prior to signing your Loan contract with us. Your use of these Third Party Application will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Capitall does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or any transaction you may enter into with the provider of any such Third Party Applications.

5 Our Rights
Capitall reserves the right to remove or disable access to any user/applicant for any or no reason, including but not limited to any violation, in Capitall’s sole discretion, of these Agreements or any applicable law. Capitall may take these actions without prior notification to you or any third party. Removal or disabling access shall be at our sole discretion.

In consideration of the Service provided to you under the Agreement, you grant us the rights to

(1) allow Capitall Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service,

(2) TO PROVIDE ADVERTISING AND OTHER INFORMATION TO YOU, CONTACT YOU VIA TELEPHONE AND EMAIL FOR THE LOAN APPLICATION PURPOSE and

(3) TO ALLOW OUR AFFILIATES TO DO THE SAME FOR THE FOREGOING. HOWEVER, SHOULD YOU OPT TO NOT RECEIVE ANY ADVERTISING OR OTHER INFORMATION FROM CAPITALL OR ITS AFFILIATES, KINDLY CONVEY YOUR INTENTIONS TO BARRETCHAN@CAPITALL.COM.SG

6 User Guidelines
To ensure you experience the best user experience with Capitall Service and to ensure compliance with the applicable laws of Singapore, Capitall has set the following guidelines which you must strictly observe:

you MUST NOT provide or share your Capitall login and account details with a third party or any person other than yourself in order to apply or engage Capitall Service;
you shall not use any automated means (including bots, spiders etc.) to collect information from or to gain unauthorised access (including by means of malware, virus, hacking etc.) to Capitall system;
you shall not impersonate another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;
you shall be solely responsible to ensure your Capitall account login details is kept confidential and secure. If any of the aforesaid is lost/stolen or if you believe there has been unauthorised access to your account by third parties, please notify us immediately by writing in to us via the “Contact Us” tab on our website (www.capitall.com.sg)
you shall not interfere with or in any way disrupts the Capitall Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Capitall systems, network, usage rules, or any of Capitall’s security components, authentication measures or any other protection measures applicable to the Service or any part thereof; or
You shall not contravene the Agreements, as determined by Capitall.
You acknowledge and agree that contravening any of the above may result in the immediate termination or suspension of your user account.

7 Service Limitations and Modifications
Capitall will make reasonable efforts to keep Capitall Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under the applicable law, Capitall reserves the sole right at any time, to modify or discontinue, temporarily or permanently, functions and features of the Capitall Service, with or without notice, without liability to you, except where prohibited by law, for any interruption, modification, or discontinuance of the Capitall Service or any function or feature thereof. You understand, agree and accept that Capitall has no obligation to maintain, support, upgrade, update other service or to notify you of the foregoing.

8 Customer Support
For customer support or any queries related to our Capitall Service, kindly submit a ticket to our Customer Support via our Contact Us section of our website.

We will attempt to respond to all customer support queries within 5 working days. However, in the event the nature or subject of the query is deemed by us to be complicated, we will inform you that the matter has been escalated and to provide you an interim report or an expected time for us to resolve/attend to your queries, where possible. However, we make no guarantees or warranties of any kind that your queries will be responded within the aforesaid timeframe.

9 Term and Termination
This Agreement will continue to apply until it has been terminated by you or Capitall. Capitall reserves the right to terminate this Agreement for any or no reason. However, in the event you wish to terminate this Agreement, you may write in to us via the “Contact Us” tab on our website (www.capitall.com.sg) and we will attend to your request accordingly.

Clauses 3, 6, 7, 9, 10, 11, 12, 13, 14, 15, 16 and 17 as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive the termination.

10 Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT CAPITALL SERVICE IS PROVIDED “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE OUR SERVICE AT YOUR OWN RISK AND AT YOUR OWN ACCORD. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAPITALL AND ALL OWNERS OF THE CONTENT MAKES NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. IN ADDITION, CAPITALL MAKES NO REPRESENTATION NOR DOES IT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE CAPITALL SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT CAPITALL IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED THROUGH THE CAPITALL SERVICE. YOU SHOULD USE YOUR JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM CAPITALL SHALL CREATE ANY WARRANTY ON BEHALF OF CAPITALL IN THIS REGARD.

11 Limitation
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CAPITALL, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS WILL BE LIABLE FOR

(1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; OR

(2) ANY LOSS OF USE, DATA, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE CAPITALL SERVICE AND/OR THIRD PARTY APPLICATION.

12 Entire Agreement
These Agreements constitutes all the terms and conditions agreed upon between you and Capitall and supercede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

Please note, however, that other aspect of your use of the Capitall Service may be governed by additional agreements. For instance, when you are entering into a loan agreement with Capitall. At such, you will be presented with any related additional agreement, and you will have opportunity to agree to the additional terms. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

13 Severability and Waiver
Unless as otherwise stated in these Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity and enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the fullest extent permitted by law.

Any failure by Capitall to enforce the Agreement or any provision thereof shall not waive Capitall’s rights to do so.

14 Assignment
Capitall may assign the Agreements or any part of them and Capitall may delegate any of its obligations under these Agreements. You may not assign the Agreements or any part of them, nor transfer your rights and obligations under these Agreements to any third party.

15 Indemnification
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY AND HOLD CAPITALL HARMLESS AND FREE FROM ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE LEGAL FEES AND COSTS) ARISING OUT OF:

(1) YOUR BREACH OF THIS AGREEMENT; AND

(2) YOUR VIOLATION OF ANY LAW.

16 Counterparts
These Agreements may be executed in separate counterparts, each such counterpart being deemed to be an original instrument, and all such counterparts shall together constitute the same agreement.

17 Governing Law and Jurisdiction
These Agreements and all matters arising herein shall be governed by and construed in accordance with the laws of the Republic of Singapore and the Parties agree to submit to the exclusive jurisdiction of the Courts of Singapore.

18 Contact us
If you have any questions concerning Capitall Service or the Agreements, you may write in to us via the “Contact Us” tab on our website (www.capitall.com.sg)

Thank you for reading our Terms and Conditions. We hope you will enjoy our Service.

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