1. Terms of Use
1.1 By accessing, browsing or using our platform, and any websites, any mobile application operated by us or linked to our platform, or any page thereof ("Platform"), through any direct or indirect means (individually or collectively), or by using or accessing the facilities or services (each a "Service", as the case may be) offered in or through the Platform or through alternative methods (including, for example, telephone, mail, email or facsimile). You accept and agree to be bound by these Terms of Use and any other document, terms or conditions that form part of the same, as may be amended, supplemented, modified or added from time to time (these "Terms of Use"). The Services will be provided in accordance with the relevant agreements or terms ("Terms of Service").
1.2 If you do not agree to these Terms of Use, you are not authorised to access or use the Platform, and you are to cease accessing or otherwise using the Platform. The details, description, functions and process in respect of each Service will be set out on the Platform itself and may be revised, amended or supplemented from time to time. You agree that for your use of each Service, you will from time to time satisfy yourself by fully reading and understanding the details, description, functions, process and Terms of Service in respect of each Service, prior to using or purchasing any of the Services.
1.3 Lendingpot Private Limited ("Lendingpot") operates the Platform and shall have the right at any time to change or discontinue any aspect or feature of the Platform and the right to modify these Terms of Use, Terms of Service and/or any other terms and conditions applicable to users of the Platform, or any part thereof. Such changes, modification, additions or deletions shall be effective immediately upon posting on the Platform. Any continued use by you of the Platform or the use of the Services offered in or through the Platform shall be deemed to constitute your acceptance of such changes.
1.4 In these Terms of Use, "we", "our" and "us" refers to Lendingpot and "you" and "your" is defined to any person who accesses and uses the Platform.
1.5 In the event of any express conflict between these Terms of Use and the Terms of Service for the use of any of our Services, or any other such terms and policies which may be promulgated from time to time, the terms in the Terms of Service shall take precedence.
1.6 By using the Platform, you acknowledge that you have read, understood, and (i) agree to be bound by these Terms of Use; (ii) where you use our Service, agree to also be bound by the relevant Terms of Service; and (iii) you represent and warrant that you are at least 21 years of age.
2. Accessing the Platform
2.1 We will use our best efforts to keep the Platform accessible at all times and while we will use our best efforts, we cannot guarantee that the Platform will be fully or partially operational at all times. You agree that we will not responsible for any losses that may arise from the inability to access to the Platform, from visiting the Platform and/or from the reliance on the information provided within the Platform.
2.2 We reserve the right to withdraw or amend any Services that are provided on the Platform without any notice.
3. Acceptable Use
3.1 We intend for the Platform to be used for the Services only. The use of the Platform for any other purpose is strictly prohibited.
3.2 You also agree:
3.2.1 not to reproduce, duplicate, copy or re-sell any part of or information on the Platform in contravention of any applicable law and the provisions of these Terms of Use and Terms of Service; and
3.2.2 not to access without authority, interfere with, damage or disrupt any part of the Platform or any software used in the provision of the Services on the Platform.
3.3 You further agree that if you are allowed to publish, post, transmit, transfer, distribute, or upload any content, on or through the Platform, you will not, and will not permit any representative, nominee or agent of yours to, publish, post, transmit, transfer, distribute, or upload any content, on or through the Platform that:
3.3.1 contains any material which is defamatory of any person;
3.3.2 contains any material which is obscene, offensive, hateful or inflammatory;
3.3.3 provides sexually explicit material;
3.3.4 promotes violence;
3.3.5 promotes discrimination based on race, sex, religion, nationality, disability, or sexual orientation;
3.3.6 infringes any copyright, database right, or trademark of any other person or entity;
3.3.7 contains any content that is not entirely your own or for which you do not have any full rights to use;
3.3.8 is likely to deceive any person;
3.3.9 is threatening, abusive, or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
3.3.10 is likely to harass, upset, embarrass, alarm or annoy any other person;
3.3.11 is used to impersonate any person, or to misrepresent your identity or affiliation with any person; or
3.3.12 gives the impression that they emanate from us if it is not the case.
3.4 We reserve the right, but not the obligation, to monitor any content you post on the Platform. We will have the right, but not the obligation, without your consent or any prior notice to you, to remove any content that in our sole opinion violates, or may violate any applicable law or these Terms of Use or upon the request of any third party.
4. Lendingpot's employees, agents and officers
4.1 You will not harass, annoy, intimidate, or threaten any of our employee(s) or agent(s) engaged in providing any portion of the Services to you. If we feel that your behaviour towards any of our employees, agent or officer is at any time threatening or offensive, we reserve the right to deny you any further access to the Platform and Services provided, as well as to take all such steps as may be available at law against you.
5. Reliance on information
5.1 We may provide general information on the Platform and do not purport to be a financial, legal, tax or professional advisor. Nothing on the Platform shall be construed as financial, legal or any other professional advice.
5.2 Any information provided by us is to be used at your own discretion and judgment. We strive to provide accurate information and unbiased opinions (if any) but we shall not be responsible in any way if any information is found to be inaccurate or contain any errors and/or omissions.
6. Changes to Content
6.1 We reserve the right to modify, add, delete or move any information, content, material, and data on the Platform at any time, without any prior notice to you.
7. Cookies and Your Information
7.1 We may use cookies and may also process information about you in accordance with our internal policy. By using the Platform, and accepting these Terms of Use, you consent to such processing and you warrant that all data provided by you is accurate.
7.2 For further information in this aspect, please refer to our privacy policy at [https://www.lendingpot.sg/privacy-policy] ("Privacy Policy") on how we collect, use and disclose information collected and received from you. By contracting with us under these Terms of Use, you also agree to be bound by our said Privacy Policy (as may be supplemented, amended or revised from time to time) or any part thereof.
8. Links on the Platform
8.1 We may provide links to third party websites as part of our service to you but it is not an endorsement of any of such third party websites. Third party websites are governed by their own terms of use and/or privacy policies and thus, we have no control over them. You may access these third party websites at your sole discretion and own risk. We shall not be liable for any loss you may incur, arising from your access to the third party websites. To the extent that any of these third parties may be carrying out any activities which are required to be regulated or approved by any government, regulator or agency under the laws of any jurisdiction, we do not represent that nor have the obligation to verify or ascertain that they are in fact so regulated or approved.
9. Intellectual Property
9.1 The content of the Platform including the text, graphics, and logo is our property and is protected by copyright and/or other proprietary rights. You may download, print, and store any copyright material for your personal use, but you shall not republish, distribute or commercially exploit the contents in any form without first obtaining our express written consent. You may not copy, reverse engineer, decompile, or create derivative works of the contents, or frame the Platform or any part of it. You may not modify or alter the contents in any way, or change or delete the copyright notice.
10. Indemnity
10.1 We shall not be liable for any loss that you may incur in any way that may arise from your access of the Platform and the transactions that you may end up conducting as a result of any Service(s) on the Platform. In this regard, you agree and acknowledge that you shall exercise due caution and judgment.
10.2 You undertake fully and effectively to indemnify and keep indemnified at all times us and our officers, employees, agents or authorised representatives against all actions, proceedings, claims, costs, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by us directly or indirectly in respect of:
10.2.1 your access and/or use of the Service;
10.2.2 any information data or material published or transmitted by you; and/or
10.2.3 any breach by you of any of the provisions of these Terms of Use or of any code, law or regulation relating thereto.
10.3 You, and your estate, in the case of your death, further agree that this indemnification provision covers all third party claims, actions or demands, including those filed by your spouse, partner, children, or any family member or relative. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in connection therewith.
11. Limitation of Liability
11.1 The content displayed on the Platform is provided without any guarantees, conditions or warranties as to its accuracy. To the fullest extent permitted by law, we hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and any liability for any losses or damage incurred by any user in connection with the Services or access to the Platform and any materials posted on it.
11.2 We expressly exclude liability for consequential loss, damage or corruption to other software or data or for loss of profit business revenue or goodwill incurred by any user.
11.3 To the fullest extent permitted by law, we will in no event be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or other damages resulting from use of the Platform.
11.4 Notwithstanding the generality of clause 11.3, to the fullest extent permissible under applicable laws, if we are for any reason held to be liable to you, howsoever and whatsoever the cause thereof, our liability will be limited to the amount actually received by us from you.
12. Disclaimers
12.1 We are not responsible for any incorrect or inaccurate content posted on the Platform or in connection with the Services, whether caused by users of the Platform, or by any of the equipment or programming associated with or utilised in the Services.
12.2 We are not responsible for the conduct, whether online or offline, of any user of the Platform.
12.3 We are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or user communications.
12.4 We do not guarantee that the Platform is or will be free of any viruses or anything that may be harmful technologically.
12.5 We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Platform and/or in connection with the Services.
12.6 Under no circumstances will we be responsible for any loss or damage, resulting from anyone's use of the Platform or the Services, any content posted on the Platform or transmitted to any third party, or any interaction or contact between users of the Platform whether online or offline.
12.7 This site is for informational purposes only. To the fullest extent allowed by law, we provide the Platform and Services on an "as is" and "as available" basis and grant no warranties of any kind, either express, implied, statutory or otherwise with respect to the Services or the Platform (including all content contained therein) including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, expectations of privacy, or non-infringement. We do not warrant that the Platform or Services will be uninterrupted or error-free, secure, or that any defects or errors will be corrected. Any material downloaded or otherwise obtained through the use of the Services or Platform is accessed at your own discretion and risk, and you will be solely responsible and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorised to access, download or obtain any material through the Platform or use or access any Services.
13. Legal Jurisdiction and Dispute
13.1 Your use of the Platform and any dispute arising out of such use of the same, the relationship between you and us and these Terms of Use are subject to the laws of Singapore without reference to its conflict of laws principles and that the courts of Singapore shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms of Use. However, we retain the right to bring proceedings against you for breach of any of these Terms of Use in your country of residence or any other relevant country.
13.2 If you access the Platform or use the Services from outside Singapore, to the maximum extent possible, you waive all rights under the laws and regulations of the territory from which you access or use the Platform or Services. Regardless of whether you access the Platform or use the Services from outside Singapore, all disputes shall be resolved in the courts of Singapore.
14. No Waiver
14.1 Any delay to exercise our rights under these Terms of Use does not constitute as a waiver of our rights. All of our rights are expressly reserved.
15. Ownership
15.1 https://www.lendingpot.sg is fully owned and operated by Lendingpot Private Limited. (UEN: 201011505E), a company incorporated in Singapore.
16. Rights of Third Parties
16.1 A person or entity who is not a party to this Terms of Use has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) or any similar legislation in any jurisdiction to enforce any term of the Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class, or as answering a particular description.
17. Severability
17.1 If any part of this Terms of Use are found to be illegal, void, or unenforceable (whether in part or in full), it will not be given any effect and will be deemed not to be part of the Terms of Use. However, such treatment of the relevant part of the Terms of Use does not invalidate any of the remaining parts of the Terms of Use.
Last Updated: 24 January 2020
