Terms & Conditions
These Terms and Conditions (“Terms”) govern the use of [www.360tf.trade] (“Website”) and constitute a binding and enforceable contract between us (defined below) and you (defined below). These Terms may be updated by us from time to time and the Terms, as amended, shall apply to you. You may always review the most current version of the Terms on the Website. Please do not use the Website if you do not agree to these Terms.
1. GENERAL TERMS
a. The Website is owned by Nimai Trade Fintech Pte. Ltd., a company incorporated under the laws of Singapore with its registered office at 160, Robinson Road, #23-08 Singapore Business Federation Center, Singapore – 068914 (“we” or “us”).
b. Within these Terms, the terms below shall have the following meanings
ii. “User” or “you” shall mean any person or entity accessing or using the Website.
c.You agree and acknowledge that by accessing the Website, you have read, understood, and are bound by the Terms.
d.The Terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on the Website. It is your responsibility to review these Terms periodically for any updates or changes.
e. You agree to not use the Website for any purpose that is prohibited by these Terms or law. Except as otherwise permitted by these Terms, you are not allowed to copy, modify, distribute, reproduce, publish, license, transfer, or otherwise use in any manner, in whole or in part, this Website or the information and materials on this Website.
2. PURPOSE OF THE WEBSITE
We provide trade finance-related services. The Website contains information about the services and products we offer and is for information purposes only. No information available on or through the Website should be construed as a commercial offer nor does the availability of such information create any professional relationship between you and us. Please note that our products and services are bound by additional terms of service.
3. USER INFORMATION
b. You represent and warrant that your User Information is true, complete, and accurate in all respects. You should immediately contact us at the details provided below if your User Information undergoes any change.
4. ACCURACY OF INFORMATION
The features and services on the Website are provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, reliability of any information provided on or through the Website. We hereby disclaim all implied representations, warranties, or guarantees as to the accuracy, validity, reliability or completeness of any such information and material on the Website.
5. PROPRIETARY RIGHTS
a. The Website contains copyrighted material, trademarks, and other proprietary information that belongs to us and/or our licensors, and you agree not to use or otherwise reproduce separately, our proprietary rights from the textual content associated with them without obtaining our prior written consent. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content on the Website, including copyright, trademark, and other intellectual property notices.
b. You agree that you shall not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing the Website (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (for example, by masking your IP address or using a proxy IP address). Any use of the Website other than as specifically authorized by us is strictly prohibited.
6. THIRD-PARTY WEBSITES OR SERVICES
The Website may provide or facilitate, or third parties may provide, links or access to other sites, services, and resources (“Third Party Services”). We have no control over such Third Party Services and we are not responsible for and do not endorse such Third Party Services. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any Third Party Services. Any dealings you have with third parties while using the Website are between you and the third-party, and you agree that we shall not be liable for any loss or claim that you may have against any such third party.
7. WEBSITE ACCESS
a. By using the Website, you agree not to undertake certain activities which include but are not limited to:
i. infringes any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
ii. except as may be provided hereunder, copying, displaying, distributing, modifying, publishing, reproducing, storing, transmitting, posting, translating, creating any derivative works, renting, or licensing the Website or any portion thereof;
iii. downloading or copying any kind of information for the benefit of another individual, vendor or any other third party;
iv. caching unauthorized hypertext links to the Website;
v. uploading, posting, or transmitting any information through the Website that you do not have a right to make available (such as the intellectual property of another party);
vi. uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
vii. undertaking any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
viii. use of data mining, robots, or similar data gathering and extraction tools;
ix. making any back-up or archival copies of the Website or any part thereof;
x. bypassing any measures used by us to prevent or restrict access to the Website;
xi. accessing, monitoring or copying any information on the Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
xii. violating the restrictions in any robot exclusion headers on the Website or bypassing or circumventing other measures employed to prevent or limit access to the Website;
xiii. deep-linking to any portion of the Website (including, without limitation, the purchase path for any service) for any purpose without our express written permission; or
xiv. “framing”, “mirroring”, or otherwise incorporating any part of the Website into any other website without our prior written authorization.
8. INDEMNITY AND RELEASE
You agree to release, indemnify and hold us and our affiliates and its officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury arising out of or relating to these Terms or your use of the Website.
9. LIMITATION OF LIABILITY
a. To the fullest extent permitted by applicable law, you hereby expressly agree to defend, indemnify and hold harmless us, our affiliates, officers, agents, and successors and assigns against any and all claims, liabilities, damages, losses, costs and expenses, including reasonable attorneys’ fees, caused by or arising out of claims based upon any breach by you of these Terms or applicable law.
b. In no event shall we be liable to compensate you or any third party for any direct, special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising out of or in connection with your use of or access to the Website. We reserve the right to assume exclusive control of its defence, and of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in connection therewith, and hereby expressly agree to bear the cost thereof.
a. You agree that we may, in our sole discretion, suspend or terminate your use of the Website for any reason, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may also at our sole discretion and at any time discontinue the provision of the Website, or any part thereof, with or without notice. You agree that we will not be liable to you or any third party for termination of your access to the Website
b. Upon termination, these Terms shall terminate, except for those clauses that are intended to survive expiry or termination..
11. NO WAIVER AND SEVERABILITY
You agree that no action of ours, other than an express written waiver or amendment, may be interpreted as a waiver or amendment of any of these Terms. In the event any clause of these Terms is found to be unenforceable, then whenever possible, this will not affect any other clause, and each will remain in full force and effect.
12. GOVERNING LAW AND DISPUTE RESOLUTION
a. You agree that the laws of Singapore shall govern these Terms.
b. Subject to other provisions in this Clause, any dispute arising out of or in connection with the Terms, including any question regarding its validity (“Dispute”), shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
i. The seat of the arbitration shall be Singapore.
ii. The Tribunal shall consist of 1 (One) arbitrator mutually appointed by the Parties.
iii. The language of the arbitration shall be English.
c. The Parties further agree that following the commencement of arbitration, they will attempt in good faith to resolve the Dispute through mediation at the Singapore International Mediation Centre (“SIMC”), in accordance with the SIAC-SIMC Arb-Med-Arb Protocol for the time being in force. Any settlement reached in the course of the mediation shall be referred to the arbitral tribunal appointed by SIAC and may be made a consent award on agreed terms.
You may communicate with us, including contacting us for any grievance of dispute that you experience in connection with the Website, by contacting us at:
Name: [Vikram Lodha]