Eligibility. By accessing the Website, you represent and warrant that you:
Restricted Person. By accessing the Website, you represent and warrant that you are not a Restricted Person. If a Restricted Person uses the Website, such Restricted Person has done so on an unlawful, unauthorized and fraudulent basis. In such a case, any transactions and operations entered in by the Restricted Person on the Website shall be null and void.
Formosa Financial may, in its sole discretion take all necessary and appropriate actions to apply and enforce the consequences of the operations specified above and notify the relevant authorities on the transaction or the operation in question.
Any Restricted Person using the Website shall be liable for damages caused to Formosa Financial and shall indemnify, defend and hold harmless Formosa Financial from any damages, losses, and expenses incurred by Formosa Financial that arise from or are the result of such Restricted Person’s use of the Website.
Permitted Use. You agree that you will comply with all applicable laws and regulations when accessing the Website. You agree not to use the Website for any unlawful activity, including, but not limited to, illegal gambling, money laundering, fraud, blackmail, extortion, ransoming data, the financing of terrorism, or other violent activities. You further agree that you will not hack, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, or otherwise compromise the integrity and security of the Website. You will not use the Website to:
Formosa Financial grants you a limited, nonexclusive, nontransferable license to access and use the Website, solely for the intended functions of the Website and other approved purposes as expressly permitted by Formosa Financial. Any other use of the Website is expressly prohibited.
Formosa Financial reserves the right to transfer, assign, or sell all the rights, benefits, or obligations thereof to any person and these Terms shall continue to be in force and effect for the benefit of the successors and assigns of Formosa Financial.
Formosa Financial may suspend or terminate your access to the Website if so compelled by applicable laws, rules, or regulations, or if Formosa Financial suspects you or others of using the Website in furtherance of illegal activity.
THE WEBSITE ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND FORMOSA FINANCIAL DOES NOT GUARANTEE OR PROMISE ANY SPECIFIC RESULTS FROM USE OF OR CONTINUOUS AVAILABILITY OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORMOSA FINANCIAL AND ITS AFFILIATES (AND THOSE THAT FORMOSA FINANCIAL WORKS WITH) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FOR A COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FORMOSA FINANCIAL AND ITS AFFILIATES (AND THOSE THAT FORMOSA FINANCIAL WORKS WITH) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. LOSSES ARISING FROM OR RELATING TO TECHNICAL DIFFICULTIES OF THE WEBSITE).
Formosa Financial may provide third party content on the Website and may provide links to web pages and content that are not owned or controlled by Formosa Financial (“Third Party Content”). Formosa Financial does not control, endorse, or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including but not limited to the accuracy or completeness thereof. You acknowledge and agree that Formosa Financial is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. You acknowledge that your use of such Third Party Content is at your own risk. Your business dealings or correspondence with, or participation in promotions of, any third parties, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such third parties. Formosa Financial is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such Third Party Content on the Website.
You agree to indemnify, defend, and hold Formosa Financial and its affiliates and each of their respective officers, directors, agents and employees harmless from any claim or demand (including any fines, fees or penalties imposed by any regulatory authority, attorney’s fees and court costs) arising out of or related to (i) your breach of these Terms, (ii) your use and misuse of the Website, or (iii) your violation of any law, rule, or regulation, or the rights of any third party.
These Terms shall be governed and interpreted in accordance with the laws of the Cayman Islands. Any dispute, controversy or claim arising out of or relating to these Terms, or the interpretation, breach, termination or validity hereof, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause.
If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Any delay or failure by Formosa Financial to enforce any of its rights shall not constitute a continuing waiver of such rights.
These Terms and any policies or operating rules posted by Formosa Financial constitute the entire agreement and understanding between you and Formosa Financial, and supersede any prior or contemporaneous agreements, communications and proposals, in any form, between you and Formosa Financial (including, but not limited to, any prior versions of these Terms).
In addition to applicable disclaimers stated above, Formosa Financial’s performance under these Terms shall be excused in the event of interruption and/or delay due to, or resulting from, causes beyond its reasonable control, including but not limited to acts of God, acts of any government, war or other hostility, civil disorder, fire, flood, snow storm, earthquake, explosion, embargo, acts of terrorism, power failure, equipment failure, industrial or labor disputes or controversies, acts of any third party data provider(s) or other third party information provider(s), third party software, or communication method interruptions.
All notice, requests, demands and other communications under these Terms shall be deemed to have been duly given if given as follows: To contact Formosa Financial: write to [email protected] and Formosa Financial will get back to you as soon as possible. You agree that the foregoing method is the only way to provide Formosa Financial with legal notice.
Formosa Financial may, in its sole discretion and for any reason, temporarily suspend, or take down the Website, with or without advance notice to you.
Formosa Financial: Formosa Financial Holdings, Ltd., a company incorporated in the Cayman Islands. Restricted Person: citizens of, natural and legal persons, partnerships, having their habitual residence or domicile, location or their seat of incorporation in the United States; and citizens of, natural and legal persons, having their habitual residence, location or their seat of incorporation in the country or territory where using the Website. Users: any user of the Website (all references to “you” or “your” herein refer to each User).
Website: Formosa Financial’s website.
Version: August 1, 2018