PLATFORM TERMS OF USE


1 APPLICATION OF TERMS

1.1 These Terms apply to your use of the Platform. By accessing and using the Platform:

  • you agree to these Terms; and
  • where your access and use is on behalf of another person (e.g. a company), you confirmthat you are authorised to, and do in fact, agree to these Terms on that person’s behalfand that, by agreeing to these Terms on that person’s behalf, that person is bound bythese Terms

1.2 If you do not agree to these Terms, you are not authorised to access and use the Platform, andyou must immediately stop doing so.

2 CHANGES

2.1 We may change these Terms at any time by updating them on the Platform. Unless statedotherwise, any change takes effect immediately. You are responsible for ensuring you arefamiliar with the latest Terms. By continuing to access and use the Platform, you agree to bebound by the changed Terms.

2.2 We may change, suspend, discontinue, or restrict access to, the Platform without notice orliability.

These Terms were last updated on [insert date].

3 DEFINITIONS

In these Terms:

including and similar words do not imply any limitLoss includes loss of profits, savings, revenue or data, and any other claim, damage, loss, liability andcost, including legal costs on a solicitor and own client basispersonal information means information about an identifiable, living person

Terms means these terms and conditions titled Platform Terms of Use

Underlying System means any network, system, software, data or material that underlies or isconnected to the Platform

User ID means a unique name and/or password allocated to you to allow you to access certain parts ofthe Platform

We, us or our means Vesl Pte. Ltd.

Platform means http://vesltradefinance.com

You means you or, if clause 1.1b applies, both you and the other person on whose behalf you areacting.

4 YOUR OBLIGATIONS

4.1 You must provide true, current and complete information in your dealings with us (including when setting up an account), and must promptly update that information as required so that the information remains true, current and complete. You are responsible for the accuracy of all information given to Vesl. While Vesl may assist you with the completion of proposals, claim forms or other documents relating to the Services, Vesl does not accept responsibility for the accuracy of any answers, statements or information, nor can Vesl sign any document on your behalf.

4.2 If you are given a User ID, you must keep your User ID secure and:

  • not permit any other person to use your User ID, including not disclosing or providing it toany other person; and
  • immediately notify us if you become aware of any disclosure or unauthorised use of yourUser ID, by sending an email to info@vesltradefinance.com.

4.3 You must:

  • not act in a way, or use or introduce anything (including any virus, worm, Trojan horse, timebomb, keystroke logger, spyware or other similar feature) that in any way compromises, or may compromise, the Platform or any Underlying System, or otherwise attempt to damage or interfere with the Platform or any Underlying System; and
  • unless with our agreement, access the Platform via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method.
  • notify all information pertaining to collecting and payments of counterparties of the invoice. Failure to do so may be used as grounds for us to hinder you to use the benefits of the Platform.
  • notify all claims or potential circumstances that may give rise to a claim. To ensure full protection under your policy, you should familiarise yourself with the provisions of your cover and procedural requirements in relation to claims and to the notification of those claims or circumstance. Failure to adhere to the notification requirements, particularly in relation to timing, as set out in the policy or other coverage document, may entitle insurers to refuse your claim. In presenting a claim, it is your responsibility to disclose all facts, which are material to the claim. False or exaggerated claims information can result in severe consequences including denial of a claim and avoidance of the policy.

4.4 You must obtain our written permission to establish a link to our Platform. If you wish to do so,email your request info@vesltradefinance.com.

4.5 You indemnify us against all Loss we suffer or incur as a direct or indirect result of your failure to comply with these Terms, including any failure of a person who accesses and uses our Platform by using your User ID.

5 INTELLECTUAL PROPERTY

We (and our licensors) own all proprietary and intellectual property rights in the Platform (including all information, data, text, graphics, artwork, photographs, logos, icons, sound recordings, videos and look and feel), and the Underlying Systems

6 DISCLAIMERS

6.1 To the extent permitted by law, we and our licensors have no liability or responsibility to you or any other person for any Loss in connection with:

  • the Platform being unavailable (in whole or in part) or performing slowly;
  • any error in, or omission from, any information made available through the Platform;
  • any exposure to viruses or other forms of interference which may damage your computer system or expose you to fraud when you access or use the Platform. To avoid doubt, you are responsible for ensuring the process by which you access and use the Platform protects you from this; and
  • any site linked from the Platform. Any link on the Platform to other sites does not imply any endorsement, approval or recommendation of, or responsibility for, those sites or their contents, operations, products or operators.
  • any consequences which may arise from any delay or failure by you to notify or disclose information pertaining to the coverage and financing of the receivable(s). Failure to make such disclosure could result in the policy being rendered void, so that claims may not be paid. This duty of disclosure applies before the start of cover, when all material information must be disclosed to insurers to enable terms to be negotiated and cover arranged. This is not limited to answering specific questions that may be asked. Any material changes which may occur or come to light after your policy has been incepted must also be notified to us and your insurers.

6.2 We make no representation or warranty that the Platform is appropriate or available for use in all countries or that the content satisfies the laws of all countries. You are responsible for ensuring that your access to and use of the Platform is not illegal or prohibited, and for your own compliance with applicable local laws.

6.3 Where Vesl collect claims payments, these will be remitted to you in accordance with any regulatory requirements. However, Vesl will not remit claims monies to you before we have received them from insurers. Vesl may charge for claims work assistance, depending on the amount and nature of the claim.

7 LIABILITY

7.1 To the maximum extent permitted by law:

  • you access and use the Platform at your own risk; and
  • we are not liable or responsible to you or any other person for any Loss under or in connection with these Terms, the Platform, or your access and use of (or inability to access or use) the Platform. This exclusion applies regardless of whether our liability or responsibility arises in contract, tort (including negligence), equity, breach of statutory duty, or otherwise.

7.2 Except to the extent permitted by law, nothing in these Terms has the effect of contracting out of the Singapore Consumer Protection (Fair Trading) (Amendment) Act 2012 or any other consumer protection law that cannot be excluded.

8 PRIVACY POLICY

8.1 The information you provide to us (including any information about the entity you represent and you provided if you register for an account) is collected and may be used for communicating with you, statistical analysis, the marketing by us of products and services to you, credit checks (if necessary), and research and development.

8.2 We may also collect technical information whenever you log on to, or visit the public version of, 4 our Platform. This may include information about the way users arrive at, browse through and interact with our Platform. We may collect this type of technical information through the use of cookies and other means. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive to enable our systems to recognise your browser. If you want to disable cookies, you may do so by changing the settings on your browser. However, if you do so, you may not be able to use all of the functions on the Platform. We use the technical information we collect to have a better understanding of the way people use our Platform, to improve the way it works and to personalise it to be more relevant and useful to your particular needs. We may also use this information to assist in making any advertising we display on the Platform more personalised and applicable to your interests.

8.3 Any information you provide to us may be stored on the secure servers of our trusted service providers, which may be located outside Singapore. This may involve the transfer of your personal information to countries which have less legal protection for personal information than Singapore.

8.4 You have the right to request access to and correction of any of the information we hold about you. If you would like to exercise these rights, please email us at info@vesltradefinance.com..

8.5 We will observe the provisions of any data protection or privacy legislation as applicable from time to time. This includes without limitation: (i) an obligation, if any, of the provider of personal data to obtain any required consent(s) in respect of the transfer of information to the recipient by the provider or any third party relating to an identified or identifiable individual that is subject to applicable data protection, privacy or other similar laws and (ii) any obligation with respect to the use, disclosure and transfer by the recipient of personal information as necessary to carry out its obligations under this Terms.

8.6 All personal data it requests is necessary to provide its services and for client relationship management. Personal data will generally be kept confidential but using the Platform consents and authorises us to provide or disclose your personal and company data for general purposes to serve you including placement, renewal, research, benchmarking and statistical analysis, credit assessment, financing and crime prevention. Arranging insurance and financing or providing claims services may involve certain disclosures of personal data to financial institutions, insurers, brokers, agents and service providers, including but not limited to consultants, market research, and quality assurance companies.

9 SUSPENSION AND TERMINATION

9.1 Without prejudice to any other right or remedy available to us, if we consider that you have breached these Terms or we otherwise consider it appropriate, we may immediately, and without notice, suspend or terminate your access to the Platform (or any part of it).

9.2 On suspension or termination, you must immediately cease using the Platform and must not attempt to gain further access.

10 GENERAL

10.1 If we need to contact you, we may do so by email or by posting a notice on the Platform. You agree that this satisfies all legal requirements in relation to written communications.

10.2 These Terms, and any dispute relating to these Terms or the Platform, are governed by and must be interpreted in accordance with the laws of Singapore. Each party submits to the nonexclusive jurisdiction of the Courts of Singapore in relation to any dispute connected with these Terms or the Platform.

10.3 For us to waive a right under these Terms, the waiver must be in writing.

10.4 Clauses which, by their nature, are intended to survive termination of these Terms, including clauses 4.5, 5, 6, 7, 10.1, continue in force

10.5 If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

10.6 These Terms set out everything agreed by the parties relating to your use of the Platform and supersede and cancel anything discussed, exchanged or agreed prior to you agreeing to these Terms. The parties have not relied on any representation, warranty or agreement relating to the Platform that is not expressly set out in the Terms, and no such representation, warranty or agreement has any effect from the date you agreed to these Terms.