FundFluent Terms of Use

Effective Date: 24 December 2021
FundFluent’s mission is to accelerate the growth of startups and SMEs through increasing access to innovate and inclusive funding opportunities. We operate with technology partners to derive data and insight to help businesses tap into more funding options.

Our goal is to allow our clients to upload or bring data from other platforms to FundFluent, allow us to analyse and maybe generate new data from it, bringing insight and analytics, as well as enabling our clients to share or reuse them with other partners of FundFluent as they wish.

Please review the following Terms of Use (”Terms”), as this will govern client use of FundFluent platform, Products and Services.
1. Definitions
We are FundFluent Limited (”FundFluent”, “we”, “our”, “us” or other similar pronounces), and we are a company incorporated in Hong Kong Special Administration Region (”HK SAR”).

Our Product and Services include but not limited to websites, mobile applications, products, deliverables, reports, data, outputs and other relevant services such as SME portal services, funding services, insight services and lender portal services (collectively “Product and Services”), when we use “Client”, it refers to users who have registered and consented to the use of our Product and Services.

An Account (”Account”) is created when user registered with FundFluent by providing the full legal name, company legal entity name and other information requested in the process.
2. Agreement to these Terms
Guests become our Clients when they register and sign up to our Product and Services, part of the registration journey, Guests will have to agree to these Terms. If Guests do not agree with our Terms, we suggest to refrain from registering and or accessing or other wise use any of FundFluent’s Product and Services.

If Guests decide to access and register on behalf of the company or any other legal entity, the Guest confirms possession of consent and or will obtain consent from the person(s) and any individual third party for the provision of the information to us.

By signing up for an Account with FundFluent, or by accessing or using our Product and Services, the Client is of legal age at the country and has agreed to these Terms of Use. The Client also confirms to have the appropriate authority to sign up for an Account and entering a binding agreement on behalf of the relevant legal entity indicated.

On behalf of the company, Client confirms to have read, understood and agreed to FundFluent’s Terms of Use, Lender Specific Terms and Privacy Policy. Client understands that we may contact them and the lender.

By registering, the Client also confirms that access and use of our Product and Services are for the purposes of carrying out a legal business activity and not for any personal, family or illegal purposes.

Client also agrees that FluentFund can reject the application for Account creation and may terminate the Account anytime for any reason in its sole discretion.
3. Product and Services
Our Product and Services are primarily intended for those who access it from and/or within HK SAR. We cannot guarantee that our Products and Services complies with law or regulation of other countries/regions, or is appropriate for use, in other places. You are responsible for use of our Products and Services by any person using your device and you must ensure that any such person complies with these Terms.

Our Product and Services may offer information, insight and data analytics, they should only be used for reference purposes only. We do not represent any data, projections, recommendations, charts and reports in which you may come across on our platform being suitable for the Client, Client’s business, they should not be treated or construed as an accounting, regulatory, financial or other professional advice, solicitation or recommendation to purchase or sell any financial products, banking and financial services or instruments.

It remains Client’s sole responsibility to conduct research, and obtain independent investment, financial, tax and professional advice as appropriate. It is Client’s sole responsibility and decision to purchase any Product and Services regardless whether where they are featured on FundFluent’s platform or not.
4. Complaints, Infringement & Termination
Clients may terminate their Account with FundFluent at anytime without giving a reason, to terminate the Account, Client may send an email request to: support@fundfluent.io (it is recommended to send this email from the email address the Account is registered under).

If Client have concerns, issues or complaints, these can be shared to support@fundfluent.ioWe suggest Client to provide descriptive explanations, screenshots and any evidence possible within 14 days, using the registered email address of the Account.

In circumstances where FundFluent detects or receives reliable information on unlawful behaviour, activity or nature of data, we have the rights to prevent access or terminate the Account without giving prior notice. FundFluent will not be held liable for any damages resulting from preventing or terminating access to the Account.
5. Trademarks, Copyright and Intellectual Property Rights
FundFluent and respective content owners (as applicable) own the trademarks, trade names, logos and service marks (”Trademark”) that are used or displayed throughout our Product and Services. Clients and Guests are not allowed to use any Trademark without the consent of FundFluent or the relevant content and Trademark owners. FundFluent also owns all the intellectual property right such as domain names, ethical rights, software, data technical specification and strategies in and on our Product and Services.

FundFluent is not obliged to publish any information or content, and is allowed to to remove it at our sole discretion, with or without prior notice. By using our Product and Services, the Client agrees to provide content or information that does not violate the law or anyone’s rights (including intellectual property rights). FundFluent may be required by law or regulation to remove certain information or content.
6. Exclusion of Liability
FundFluent strive to provide the best technology and services to help startups and SMEs grow with access to capital, but we do not provide any guarantees on the quality of our Product and Services, or the absence of errors, bugs or any disruptions.

With respect to all the regulations, each Product and Services is provided without the promise of any kind, expressed or implied, nor warranty that Clients will receive accurate or reliable information of any kind, to meet the Clients’ requirements or expectations.

To the extent permissible by applicable law, in no event will FundFluent be liable for any direct or indirect damages arose from the use of our Product and Services. Clients shall be responsible and be held liable for all the activity on FundFluent, including interactions with third parties on the platform. Client agrees to discharge FundFluent’s any responsibilities and liabilities.
7. Indemnification
By using our Product and Services, Client agree to indemnify FundFluent for all claims, liabilities, costs, losses and expenses.
8. Linked Websites & Platforms
FundFluent partners with ecosystems and third parties to provide the best Product and Services to the Clients. As such, our Product and Services may contain links or connections to third party websites or applications, for example, Sleek and Stripe. It is at Client’s risk and discretion to access products and services from these third parties.

FundFluent shall not be held liable for any damages or liability for any consequences resulting from the use of these third party services.
9. Privacy & Cookies
We encourage our Clients and Guests to read Privacy Policy and Security and Cookies Policy. These are attached here for your reference.
10. Other Terms & Amendments
Should any of the provisions of these Terms be deemed invalid, illegal or unenforceable, validity of the other Terms shall remain intact.

Some parts of our Products and Services may contain additional terms and conditions, which are made available from time to time, these terms and conditions are to be formed as a part of the Terms for the use of our Product and Services. In the event of conflict, the relevant additional terms and conditions can govern for specific parts of our Products and Services.

FundFluent has the right and sole discretion to make amendments and changes to these Terms and other terms and conditions from time to time without prior notice for any reasons. It is in Guests and Clients responsibility to regularly visit these pages to review our updated Terms. Updated Terms will be effective from the Last Updated dated specified above. FundFluent reserves the rights to make the final decision in cases of dispute or conflict on any of these Terms.
11. Governing Law & Jurisdiction
By accepting the Terms and becoming a Client of FundFluent, you agree to submit to the exclusive jurisdiction of HK SAR.