Terms and Conditions of Use

• SGCM Pte Ltd, Singapore Company Registration No. 200722249K ("SGCM", "we", "our", "us"), makes available to you the information on this website (the "Website") in accordance with the following Terms and Conditions of Use, and any other rules posted on the Website (collectively, the "Terms"). By using the Website you are agreeing to these Terms. We may modify these Terms from time to time. Please read these Terms and check back often. If you do not agree to these Terms or changes thereto then you must immediately stop using the Website.
• If you choose to access the Website from locations outside the Republic of Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.

• We provide most of this Website on an open access basis but you will need to register an account with us to use certain features.
• In addition to these Terms, Registered Members will be bound by the Member Terms And Conditions.
• In addition to these Terms, Registered Advertisers will be bound by the Direct Owner Advertising Terms & Conditions & Advertising General Terms & Conditions.
• In addition to these Terms, where you use the MVF Application Services, you will be bound by the Sgcarmart Smart Loan General Terms & Conditions (formerly know as "Sgcarmart Car Loan")
• Please refer to our Privacy Policy for information about how we use your personal data.

You agree that you will not:

• use the Website for purposes of conducting and/or disseminating surveys, contests, pyramid schemes, chain letters, junk email, spamming or sending of any duplicative or unsolicited messages;
• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy) of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
• upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you have ownership or control the rights thereto or have received all necessary consent to do the same;
• use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
• engage in mass automated, systematic or any form of extraction of the material ("the Content") on our Website, or use it to create or include it within another electronic database or public portal or try to re-sell it or re-distribute it. We also reserve the right to prohibit or restrict the way in which other websites link to or frame or represent any of our Website content;
• violate any applicable laws or regulations, including without limitation, the Protection from Online Falsehoods and Manipulation Act 2019 (No. 18 of 2019) and the Protection from Harassment Act (Cap. 256A);
• hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Website, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming;
• use any automated process, use any kind of scripting software or bots or service to access and/or use the Website; and/or
• create a false identity for the purpose of misleading others.

If you detect any suspected vulnerabilities or weaknesses in the Website, systems, resources and/or processes which may potentially affect SGCM's internet-accessible services, notify us immediately or as soon as practicable by submitting a report to us at [email protected]. This Clause does not authorise or permit the taking of any action which may contravene applicable laws and regulations, including without limitation the Computer Misuse Act (Cap. 50A) and all of SGCM's rights and remedies are expressly reserved. Without limiting the generality of the foregoing, any exploitation or testing of suspected vulnerabilities or gaining unauthorised access to any computer program or data is prohibited, and you agree and undertake not to:

1. publish or publicly disclose any suspected vulnerability to any third party;
2. deploy destructive, disruptive or other unlawful means to detect vulnerabilities, including without limitation any attacks on physical security, social engineering, denial of service, brute force attacks; and
3. exploit, test or otherwise use any suspected vulnerability, including without limitation taking any step(s) to access, copy, create, delete, modify, manipulate or download any data or programme, build system backdoor(s), modify system configuration(s), facilitate or share system access.

You acknowledge and agree that we own, or have the license to use the Content on the Website and any and all intellectual property rights used or embodied in or in connection with the Website. The Content shall not be reproduced, republished, transmitted or distributed in any way, without prior written permission from us.

• If you believe that your copyright has been infringed, and such infringement is occurring on this Website, please notify us in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) ("Infringement Notice").
• All Infringement Notices shall be delivered by hand to us at the following address:

  Attn : The Administrator
  151 Lorong Chuan, Lobby D #04-04
  Singapore 556741

• We will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against us in respect of any copyright infringement, unless you have first given us the Infringement Notice and sufficient opportunity to remove the infringing material, and only if we refuse or fail to remove the infringing material within a reasonable time. Where we remove the infringing material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under any applicable laws which you may have in respect of any infringing material appearing on the Website prior to such removal by us.
• You acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of infringing material appearing on third-party sites linked on the Website.

• By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Website while logged in as a Member, you hereby grant to us rights as stated in the Member Terms And Conditions.
• By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Website while logged in as an Advertiser, you hereby grant to us rights as stated in the Advertising General Terms & Conditions.
• For all other Website users, by submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Website, you hereby grant us a perpetual, worldwide, non-exclusive, sub-licensable, royalty-free license to use, reproduce, display, perform, adapt, modify, sell, distribute and promote such content in any form, in all media now known or hereinafter created and for any purpose, subject to our Privacy Policy. You represent and warrant that you have sufficient rights to grant us this license. We also reserve the right to remove any content submitted by you from our Website at our sole and absolute discretion, including where SGCM receives a complaint from another user or a notice of intellectual property infringement or other direction for removal, or where in SGCM's sole and absolute opinion such content is in breach of these Terms, or is illegal or otherwise objectionable, or for any other reason as SGCM may see fit. SGCM may use automated systems that analyse any content made available by you to help detect infringement and abuse, such as spam, malware, and illegal content. SGCM may delete, archive, block or remove communications by you (including but not limited to feedback, postings, messages and/or chats).
• By submitting any content (including without limitation, any photograph, words, pictures, or symbols) to our Website while logged in as a merchant under SGCM's E-SHOP program, you hereby grant to us rights as stated in the General E-Shop Terms And Conditions.

Links on the Website to third-party websites are provided solely as a convenience to you. If you use these links, you will leave the Website. We have not reviewed all of these third-party sites and do not control and are not responsible for any of these sites or their content. Thus, we do not endorse or make any representations about them, or any information, software or other goods or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the Website, you do this entirely at your own risk.

• It is a continuing condition of your use of the Website that you agree and consent to the terms of our Privacy Policy as amended from time to time, and the terms of the Privacy Policy are incorporated into these Terms by reference. The foregoing consent supplements but does not supersede nor replace any other consents you may have previously provided to SGCM in respect of your personal data, and your consents herein are additional to any rights which we may have at law to collect, use or disclose your personal data.
• If in connection with your use of the Website, you provide the personal data of any third parties, you warrant and represent that the said third parties have also consented to the terms of the Privacy Policy, and to the collection, use and disclosure of their personal data in accordance with the aforesaid.
• You warrant and represent to us that all personal data which is submitted to us by you through your use of the Website is complete, accurate, true and correct.
• The Website may provide links to external sites whose data protection and privacy practices may differ from those set forth here. We are not responsible for the content and privacy practices of these other websites and you agree to review and abide by the data protection and privacy notices of those sites.
• The Website uses cookies. A cookie is a small text file which is placed on your device whenever you run or use the Website. These cookies collect information about your use of the Website. We use cookies and other related technologies to facilitate your use of the Website and to improve your experience of the Website. You may change the settings on your device to block the use of cookies. However, if you do choose to block the cookies used in the Website, you may not be able to use certain features and functions of the Website.

We do not guarantee access to our Website, since access over the internet can sometimes be affected by technical failures or third party activity (such as the transmission of viruses and other malicious acts) outside our control. In addition, from time to time we may have to suspend service on our Website in order to make changes to it or to correct technical problems that have arisen.

• You agree that you will be personally responsible for your use of the Website and for all of your communication and activity on and pursuant to the Website. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated these Terms, we may deny you access to the Website on a temporary or permanent basis.
• We reserve the right to suspend, terminate, change or discontinue any aspect of the Website, including the availability of any feature(s) if the Website, at our sole and absolute discretion, at any time and without notice. Grounds for such termination may include, but are not limited to: (a) a breach of any of the terms under these Terms; (b) violation of any applicable law; (c) fraudulent, harassing, defamatory, threatening or abusive behaviour; and/or (d) behaviour that is harmful to other users, third parties, or the business interests of SGCM. Use of an account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you.
• Upon suspension or termination of your account or your access to all or any part of the Website,
  1. all rights and/or licences granted to you under these Terms shall immediately terminate;
  2. we may remove or discard from the Website any content associated with your account;
  3. you remain liable for all obligations you may have incurred under these Terms.

At our request, you agree to indemnify us fully, defend us, and hold us harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from (i) your use or misuse of the Website; (ii) your breach of these Terms; (iii) and/or your violation of any law or the rights of a third party, including the use by any other persons accessing the Website using your Internet account caused by your action or inaction. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

• We shall in no event be liable for any death, injury, direct, indirect, incidental, special, consequential, exemplary damages or other indirect damages or costs of any kind suffered or incurred by you arising from or in connection with:
  • any access, use or the inability to access or use the Website, or reliance on the content and/or any information in the Website;
  • any system, server or connection failure, error, omission, interruption, delay in transmission, or computer virus;
  • any use of or access to any other website linked to the Website, even if we or our agents or employees are advised of the possibility of such damages, losses and/or expenses. Any hyperlinks to any other websites are not an endorsement of such websites and such websites should only be accessed at your own risks;
• We are not obligated to monitor, control or endorse the content on the Website, and therefore specifically disclaims any liability arising from or in connection with your use of the Website. We also reserve the right to review materials posted, to edit, refuse to post, to remove any content, terminate your access to the Website at our sole discretion at any time, without notice, for any reason whatsoever.
• We disclaim all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your personal data, including but not limited to any loss of, or any inability to retrieve, any personal data, howsoever caused, or any inaccuracy in the personal data presented, used or transmitted
• This exclusion clause shall take effect to the fullest extent permitted by Singapore law.

• No partnership/agency: You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Website. You agree that you may not and will not hold yourself out as our representative, agent, or employee, and we shall not be liable for any representation, act, or omission on your part.
• Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under these Terms to any person.
• Force majeure: We shall not be liable for any breach of our obligations under these Terms where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
• Entire agreement: These Terms (and our Privacy Policy) contains all these Terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to these Terms except as expressly stated in these Terms. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into these Terms (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party's ability to perform these Terms) and that party's only remedies shall be for breach of contract as provided in these Terms.
• No waiver: No failure by us to exercise and no delay by us in exercising any right, power or remedy under these Terms will operate as a waiver. Nor will any single or partial exercise by us of any right, power or remedy preclude any other or further exercise of that or any other right, power or remedy by us. No waiver shall be valid unless signed in writing by us. The rights and remedies herein are in addition to any rights or remedies provided by law.
• Notices: Unless otherwise stated within these Terms, notices to be given to either party shall be in writing and shall be delivered by electronic mail or in such other method as required by law.
• Survival: In any event, the provisions of Clauses 5 (Notification of Infringement), 6 (User Generated Content), 7 (Third Party Sites), 8 (Data Use & Privacy), 11 (Indemnity), 12 (Exclusion of Liability) and 13 (General) of these Terms shall survive termination of these Terms. In the event you use the Website again, then the provisions of these Terms and conditions that then apply will govern your re-use of the Website.
• Severability: If any provision of these Terms is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of these Terms shall not be affected.
• Third Party Rights: No person shall have any right pursuant to the Contracts (Right of Third Parties) Act (Cap 53B) to enforce any of the above terms and conditions.
• Governing law: These Terms shall be construed and its performance governed in accordance with the law of the Republic of Singapore, and you fully agree to submit to the exclusive jurisdiction of the Singapore courts.