Terms of Use

This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls. Date of Last Revision: October 15, 2016

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND FXTURF (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND FXTURF FOR THE USE OF THE WEBSITE AND/OR MOBILE APPLICATION (DEFINED BELOW).

These Terms of Use of the website located at the URL www.fxturf.com and mobile application under the name and style "FXTURF" is between Fintech Lab Pte. Ltd. (hereinafter referred to as "Fintech Lab" or "FXTURF" or "We" or "Us" or "Our" or "Platform") and the guest users or registered users of the Website or mobile application (hereinafter referred to as "You" or "Your" or "Yourself" or "User" or "Users") describe the terms on which FXTURF offers You access to the Website, the mobile application and such other services as are incidental and ancillary thereto ("Services").

Fintech Lab is a company incorporated in Singapore, which is its registered office.

Fintech Lab and its associates, directors, employees and representatives are not stockbrokers, financial or investment advisors and do not recommend any stocks, bonds, options, CFD's, currencies or any securities of any kind. Any financial securities that are mentioned throughout the website, the mobile application or other products are cited only for illustrative and educational purposes.

IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE, THE MOBILE APPLICATION AND/OR USING THE ONLINE SERVICES, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS OR CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OF THIS WEBSITE, THE MOBILE APPLICATION AND/OR USE OF THE ONLINE SERVICES.

If you are accessing the FXTURF mobile application or accessing the Services through the FXTURF mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

Copyright and Trademark Notices

Except as otherwise expressly stated herein, the copyright and all other intellectual property in the contents of this website and the mobile application (including, but not limited to, all design, text, sound recordings, images or links) are the property of FinTech Lab. As such, they may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of FinTech Lab.

Disclaimer

FinTech Lab does not warrant the truth, accuracy, adequacy, completeness or reasonableness of the information and materials contained in or accessed through this website or FXTURF mobile application and expressly disclaims liability for any errors in, or omissions from, such information and materials. No warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given in conjunction with such information and materials, FXTURF mobile application or this website in general.

Under no circumstances shall FinTech Lab be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this website, mobile application and/or using the online services even if FinTech Lab had been advised as to the possibility.

In no event shall FinTech Lab be liable to you or any other party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your use of this website or mobile application, or reliance on any information, materials or online services provided at this website, regardless of the form of action and even if FinTech Lab had been advised as to the possibility of such damages.

Indemnity

You hereby agree to indemnify and save FinTech Lab harmless against all damages, losses, expenses and costs (including legal costs) suffered or incurred by FinTech Lab in connection with or arising from (1) your access of this website and/or use of the online services, or (2) any other party's access of this website, the mobile application and/or use of the online services using your user id and/or login password, or (3) your breach of any of these Terms and Conditions of Access, or (4) any other party's breach of any of these Terms and Conditions of Access where such party was able to access this website and/or use the online services by using your user id and/or login password.

Governing Law and Jurisdiction

Nothing herein shall be construed as a representation by FinTech Lab that the information and materials contained in or accessed through this Platform is appropriate or available for use in geographic areas or jurisdictions other than Singapore. By accessing this website and/or using the online services, you agree that such access and/or use, as well as these Terms and Conditions of Access shall be governed by, and construed in accordance with, the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore courts.

The Platform can be accessed by anyone globally. Because of this, we cannot guarantee that the Platform or the information thereon complies with or is appropriate for use in other places. If you are located outside of Singapore and you choose to access the Platform, you are advised that it may not be legal in your jurisdiction for you to access or use the facilities available on this Platform.

You are wholly responsible for use of the Platform by any person using your computer and you must ensure that any such person complies with these Terms. The information provided on this Platfrom is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. This Platform should not be regarded as an offer or solicitation to sell investments in any country.

Rules of the Platform

FXTURF is a learning based ecosystem for professional as well as amateur FX traders/ enthusiasts. It intends to create a community where members participate in sharing market views and forecasting prices for different currency pairs for different dates and are scored/ ranked based on multiple factors including (but not limited to) accuracy compared to peers and actual fix, realized volatility, length of the forecasting time horizon etc. From time to time, The platform may, at its own discretion, incentivize top forecasters based on their cumulative score over a pre-determined period to encourage users to put in their best efforts since the success of the platform largely depends on the quality of contributions. The platform uses a set of proprietary algorithms to calculate its own projections based on the contributions from all the members. the purpose of publishing those forecasts is purely informational/ educative and should not be construed as a recommendation to trade the currencies based on the forecasts.

• The Users submit their forecasts for different currency pairs for future dates. On the fixing date, the Platform will calculate the scores for all the submissions using its own proprietary set of algorithms which take into account various parameters including (but not limited to) accuracy compared to peers and actual fix, realized volatility, length of the forecasting time horizon etc. Users' scores will keep adding up and the Platform will keep track of the users' scores for individual currency pairs as well as aggregate scores on a Month-To-Date ('MTD'), Year-To-Date('YTD'), and Inception-Till-Date('ITD') basis.
  • The scores calculated by the Platform are final and binding and cannot be contested. Furthermore, all matters to do with the final results of any contest will be final and no correspondence will be entered into.
  • From time to time, the Platform may announce contests based on one of the score types ('MTD','YTD','ITD') and the accompanying incentive structure for the top performers. Details of such contests will be announced in advance and the Users need to regularly check the Website or FXTURF's Facebook page (https://www.facebook.com/FXTURFAPP/) for such updates. It is the Users' responsibility to stay updated about such events and FXTURF cannot be held liable for any User's lack of awareness about a certain contest.
  • Periodic incentive structures will be designed purely at the discretion of the Platform. It can be changed from time to time or terminated at any point at sole discretion of the Platform and cannot be contested.
  • Users acknowledge by participation that all cash incentives will be distributed in Singapore dollars and recipients living abroad will bear any transaction costs, currency conversion costs etc.
  • The Platform will determine the daily Fixings for different currencies in a reasonable and good faith manner. The Platform may opt to inform the source and time of the Fixings to the Users at its own discretion and may opt to change the source and time of the Fixings at any time. The Fixings will be final and binding and cannot be contested.
  • FXTURF reserves the right to disqualify and block the account of any user who tries to hack the Platform, creates multiple fictitious accounts, or indulges in any other suspicious activities that would bolster his chances of winning unfairly.
  • The User will share his/ her Currency Forecasts to the best of his/ her knowledge and effort and agree that by sharing information online there is a risk of data theft or misuse of data and that FXTURF cannot be held responsible for any loss of data or content. The User also agrees that the Platform can use his/ her submissions as inputs to its analytic tools to generate various results/ reports/ market projections. Such products will be Intellectual Property of the Platform and may be further sold to third parties for a fee.
  • Singapore laws will govern the contest and these terms and conditions and any disputes will be subject to the exclusive jurisdiction of the courts of the Singapore.
  • All taxes associated with the receipt or use of the cash incentives are the sole responsibility of the recipient. In the event that the awarding of the cash incentives of the contest is challenged by any Authority, FXTURF reserves the right, in its sole discretion, to determine whether or not to award or adjust such cash incentives, which shall be in compliance with the Applicable Law.
• You are responsible for keeping your information on the platform private and accurate. FXTURF will not be held liable for any misconduct in your account and payment being erroneously sent to the wrong person.
• FXTURF reserves the right to cancel or change the incentive structure of the contest, in its sole discretion, without any restrictions.
• Employees of Fintech Lab or their immediate family members or anyone else connected in any way with the contest or helping to set up the contest can participate ONLY for the purpose of testing the User experience and functionalities of the Platform but they won't be eligible for any of the incentives.

Results, Incentives and Taxation

• Within a reasonable time period after the time period for a contest ends, the top performers for that period will be announced, but remain subject to final verification by FXTURF. FXTURF may, in its sole discretion, distribute cash or non-cash incentives, to the top performers.
• The details of the incentive structure that may be earned by the Users will be finalized and displayed on the Platform or its Facebook page (https://www.facebook.com/FXTURFAPP/) prior to the start of the corresponding contest.
• FXTURF may make adjustments or withhold incentives, in the event of a non-compliance by any of the Users with the Terms of Use.
• In all disputes arising out of the determination of the incentive recipients, FXTURF is the sole judge and its actions are final and binding on all the Participants.
• All cash incentives shall be subject to deduction of tax at source ("TDS") as per the provisions of the relevant laws in the recipient's country of residence. The recipient shall be responsible for payment of any other tax/ cess/ surcharge under the Applicable Law, including but not limited to, gift tax, etc. in respect of the cash incentive.

Publicity

• By entering into a contest, You consent to the Platform's and its service providers' and business partners' use of Your name, voice, likeness, photograph and other information provided by You, in connection with the development, production, distribution and/or exploitation (including marketing and promotion) of the selected contest and/or other contests made available through the Platform.
• The incentive recipients agree that FXTURF has the right to ask them to make themselves available to FXTURF for publicity, advertising and promotional activities relating to the contests or other FXTURF products, services or events, without additional compensation, from the date of notification of their status as a best performer and continuing until such time when notified by FXTURF that they no longer need to do so.
• FXTURF and its business partners reserve the right to make public statements about the Participants and the incentive recipient(s), on-air, on the internet, or otherwise, prior to, during, or following the contest. You agree that FXTURF may announce any top performers' name on-air or on any of its websites or any other location at any time in connection with the marketing and promotion of the Platform, its business or other contests conducted by FXTURF.

Sharing Your Content and Information

You own all of the content and information you post on FXTURF, and you can control how it is shared through your privacy and application settings. In addition:

• For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with FXTURF (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
• When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
• When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of FXTURF, to access and use that information, and to associate it with you (i.e., your name and profile picture).
• We always appreciate your feedback or other suggestions about FXTURF, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).

Safety

We do our best to keep FXTURF safe, but we cannot guarantee it. We need your help to keep FXTURF safe, which includes the following commitments by you:

• You will not post unauthorized commercial communications (such as spam) on FXTURF.
• You will not collect users' content or information, or otherwise access FXTURF, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
• You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on FXTURF.
• You will not upload viruses or other malicious code.
• You will not solicit login information or access an account belonging to someone else.
• You will not bully, intimidate, or harass any user.
• You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
• You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
• You will not use FXTURF to do anything unlawful, misleading, malicious, or discriminatory.
• You will not do anything that could disable, overburden, or impair the proper working or appearance of FXTURF, such as a denial of service attack or interference with page rendering or other FXTURF functionality.
• You will not facilitate or encourage any violations of this Statement or our policies.

Registration and Account Security

FXTURF users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

• You will not provide any false personal information on FXTURF, or create an account for anyone other than yourself without permission.
• You will not create more than one personal account.
• If we disable your account, you will not create another one without our permission.
• You will not use FXTURF if you are under 13.
• You will keep your contact information accurate and up-to-date.
• You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
• If You select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
• If You provide any information that is inaccurate, not current or incomplete, or if FXTURF has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, FXTURF may deny You access to the platform, or terminate/ suspend Your Account, at its sole discretion, unless You prove otherwise.

Data Charges and Mobile Phones

You are responsible for any mobile charges that you may incur for using our Services, including text-messaging and data charges. If you're unsure what those charges may be, you should ask your service provider before using the Services.

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

• You will not post content or take any action on FXTURF that infringes or violates someone else's rights or otherwise violates the law.
• We can remove any content or information you post on FXTURF if we believe that it violates this Statement or our policies.
• If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
• If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
• You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
• If you collect information from users, you will: obtain their consent, make it clear you (and not FinTech Lab) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.
• You will not post anyone's identification documents or sensitive financial information on FXTURF.
• You will not tag users or send email invitations to non-users without their consent. FXTURF offers social reporting tools to enable users to provide feedback about tagging.

Amendments

We reserve the right to make changes to these Terms of Use at any time. FXTURF shall not be required to notify You, whether as a registered User or not, of any changes made to the Terms of Use. Any such modifications will become effective immediately upon posting to the Platform. You shall be responsible for reviewing and becoming familiar with any such modifications. We may also, in our sole discretion, notify you of such modifications, by contacting you through the registered email address associated with Your Account (defined below). Use of the Platform by You after any modification to the Terms of Use, constitutes Your acceptance of the Terms of Use as modified. You are requested to regularly visit the homepage to view the most current Terms of Use. You can determine when FXTURF last modified the Terms of Use by referring to the "Date of Last Revision" legend above. FXTURF may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Platform. If no such separate consent is sought, Your continued use of the Platform, following the changes to the Terms of Use, will constitute Your acceptance of those changes.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of FXTURF to you. We will notify you by email or at the next time you attempt to access your account.

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or FXTURF exclusively in Singapore. You agree to submit to the personal jurisdiction of Singapore courts for the purpose of litigating all such claims. The laws of Singapore will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on FXTURF, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on FXTURF and are not responsible for the content or information users transmit or share on FXTURF. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on FXTURF. We are not responsible for the conduct, whether online or offline, of any user of FXTURF.

Limitation of Liability

WE TRY TO KEEP FXTURF UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING FXTURF AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT FXTURF WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT FXTURF WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FXTURF AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF FXTURF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FXTURF'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 SGD OR THE AMOUNT YOU PAID FXTURF, IF ANY, IN THE LAST 12 MONTHS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Other

• This Statement makes up the entire agreement between the parties regarding FXTURF, and supersedes any prior agreements.
• If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
• If we fail to enforce any of this Statement, it will not be considered a waiver.
• Any amendment to or waiver of this Statement must be made in writing and signed by us.
• You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
• All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
• Nothing in this Statement shall prevent us from complying with the law.
• This Statement does not confer any third party beneficiary rights.
• We reserve all rights not expressly granted to you.
• You will comply with all applicable laws when using or accessing FXTURF.

Contact us at support@fxturf.com with any doubts or enquiries.