Terms and Conditions

Effective Date:  1st November 2020

These Terms and Conditions (“Terms”) govern the use of the electronic platform, including any website (“Website”) or mobile application (“App”) for accessing the platform, and any services provided through the platform (collectively, the “Platform”) provided by ABCOMO Ecommerce Pte. Ltd.  [a company established under the laws of Singapore] (“ABCOMO”, “we”, “us” or “our”).  The Terms form a binding agreement between ABCOMO and you, as an individual user (“you”, “your” or “User”) for your individual usage of the App and Platform. By registering for and downloading the App and using the Platform, you confirm your acceptance of these Terms and our associated Personal Information Collection Statement and Privacy Policy. If you do not agree to these Terms, you must immediately uninstall the App and cease using the App and the Platform.

Securities Disclaimer: No material or any other information which may be made available on the App or Platform shall constitute or be construed as a recommendation, endorsement, offer, invitation or solicitation to enter into any transaction with or purchase any product, or otherwise deal with securities or other products.  You further understand that none of the information providers, including any Third-Party Providers (as defined below) are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter, and any information provided is not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the App or Platform may not contain a list or description of relevant risk factors. Please note that markets change continuously, and so any information, content, Third-Party Content (as defined below) or other material provided on or through the App or Platform may not be complete or current, or may be superseded by more current information. You rely on such information at your own risk. 

No Professional or Investment Advice. Our App, Website and Platform are not intended to provide tax, legal, insurance or investment advice, and nothing on the App or Platform should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by ABCOMO. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. You should consult an attorney or tax professional regarding your specific legal or tax situation.

1. Definitions
   
   • Unless otherwise defined or the context otherwise requires, all capitalized terms shall have the meaning given to them in these Terms:
     • “App” means the mobile application provided by ABCOMO to access the Platform.
     • “Authorized Individual” means any person that is authorized to access and use the App and Platform on behalf of a User.
     • “Biometric Authentication” means the identity authentication function using biometric credentials including fingerprint, facial recognition or any other biometric data, as we may permit from time to
     • “Digital Platforms” refers to third-party distribution platforms where mobile applications or other software programs can be accessed or downloaded, including, but not limited to, the Apple App Store and Google
     • “ABCOMO User Account” means the account established by a User that has downloaded the App and registered with ABCOMO to use the App and Platform.
     • “Material” means any offering material, term sheet, research report, product or service documentation or any other information provided through the Platform.
     • “Personal Information Collection Statement” means the terms and conditions governing the collection, use and disclosure of each User’s Personal Information, as set out here. Each User must read and agree to the Personal Information Collection Statement and Privacy Policy in order to use the App or the Website.
     • “Personal Information” refers to information supplied by a User from which the identity of such User may be directly or indirectly ascertained.
     • “Privacy Policy” means the additional terms and conditions governing the collection, use and disclosure of each User’s Personal Information, as set out here policy set out here. Each User must read and agree to the Personal Information Collection Statement and Privacy Policy in order to use the App or Website.
     • “Service Notifications” are one-way notifications from ABCOMO (which may include security-related notifications) via text message or emails and, where applicable, push notifications through the App or the Website. These notifications are sent to the User in respect of certain information or events relating to an account to which an User has access through the Platform.
     • “Third-Party Partner” is any third party that ABCOMO collaborate with in order to provide marketing or other services account that can be registered and accessed through the Platform.
     • “Payment Account” means a separate trading or financial services account that a User establishes with ABCOMO to receive payments and conduct other financial transactions.
     • “User” means any person that has registered with ABCOMO to use the App or Website and access the Platform and any Authorized Individual acting on their behalf.
     • “User Credentials” means the set of user identification, password, personal identification number, token and any other information or device provided to an User to access the Platform.

2. Changes
   
   • We reserve the right at any time to:
     • modify, update or change the terms and conditions of the Terms or our Privacy Policy;
     • modify, update, or change the App, Website and Platform, including eliminating or discontinuing any content or feature of the App or Platform; or
     • impose fees, charges or other conditions for use of the Platform or parts thereof (with reasonable notice) (all of the foregoing referred to as “Changes”).
   • We may make such Changes at any time without prior notice (except as noted in subsection (c) above). Any Changes to the Terms may be posted on the ABCOMO website or notified to you through push notifications through the App or Website or an email the email address in your ABCOMO User Account. For this reason, you should check our website regularly, allow the App to receive such push notifications, and keep your email address and other contact information up to date in the ABCOMO User Account.   You accept any Changes if you continue to use the App,  Website and Platform after such Changes are effected.
3. Digital Platform Terms
   
   • The App may be available for download from one or more Digital Platforms. Your download, installation, access to or use of the App is also bound by the terms and conditions and privacy policies of the applicable Digital Platform (“Digital Platform Terms”).  If there is any conflict between these Terms and the Digital Platform Terms, then these Terms will prevail.
   • The App is independent of and is not associated, affiliated, sponsored, endorsed or in any way linked to any Digital Platform. You and we acknowledge that these Terms are entered into between you and us only, and not with any Digital Platform, and we, not the Digital Platform, are solely responsible for the App and the content thereof to the extent specified in these Terms.
   • You and we acknowledge and agree that the relevant Digital Platform, and that Digital Platform’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, that Digital Platform will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
4. Mobile Device and Carrier Requirements
   
   • You acknowledge that your agreement with your mobile network provider (“Mobile Provider”) will apply to your use of the App or the Website. You acknowledge that you may be charged by your Mobile Provider for data services while using certain features of the App, the Website or any other third-party charges as may arise and you accept sole responsibility for such charges.  If you are not the bill payer for the mobile device being used to access the App, you will be assumed to have received permission from the bill payer for using the App.  You must also ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement.
5. Eligibility and Registration
   
   • You must be at least 18 years of age to access and use the App, Website and Platform. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.  You must register with ABCOMO to use the App, Website and Platform; you agree to provide complete and accurate information when registering to use the App, Website and Platform, and to keep that information updated.
   • You may be offered the ability to register and establish a Payment Account with ABCOMO, through which you could make payment to and receive payment from third parties including ABCOMO, your business partner or otherwise.
   • ABCOMO may cooperate with third party service providers (“Third-Party Financial Service Providers”) in providing the Payment Account to you. As such the Payment Account shall be subject to terms and condition and policies established by the Third-Party Financial Services Provider (“Third-Party Financial Services Provider Terms”).
   • You should read the ABCOMO Terms and Third-Party Financial Services Provider Terms carefully before opening a Payment Account. If you do not agree to the ABCOMO Terms and Third-Party Financial Services Provider Terms, you should not register and open a Payment Account.  All transactions conducted through the Payment Account will be subject to the ABCOMO Terms and Third-Party Financial Services Provider Terms.  In addition, you understand agree that:
     • ABCOMO will collect your Personal Information and other information in the process of opening the Payment Account and providing the Platform for transactions conducted through the Payment Account. Such Personal Information will be processed by ABCOMO in accordance with its Privacy Policy and may be shared with the Third-Party Financial Services Provider, which will process such Personal Information in accordance with its own privacy policy.
     • ABCOMO has no responsibility or liability for such Payment Account or any transactions conducted through the Payment Account, or for any acts or omissions of the Third-Party Financial Services Provider with respect to the Payment Accounts, Third-Party Financial Services Provider Terms, or their processing of your Personal Information. All inquiries and questions regarding the transactions with respect to the Payment Accounts that you submit to us will be directed by ABCOMO to Third-Party Financial Services Provider.
     • You have sufficient knowledge to use the Platform and place orders through the Payment Account. You are responsible for making sure that any orders you place are accurate and intentional.

6. Intellectual Property
   
   • All title, ownership rights and intellectual property rights in or relating to the App, the Website and Platform, any information transmitted by, to or over the Platform and information regarding use of the Platform will remain with ABCOMO or its licenses. Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any of ABCOMO’s or any third party’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.
   • The Platform, the Website and the App may provide you access to content, information, quote, videos, photos or other materials (“Third-Party Content”) supplied by certain third parties (“Third-Party Content Providers”). ABCOMO does not endorse or recommend, and is not responsible for verifying the accuracy, validity or completeness of any Third-Party Content provided through the App, Website or     Your use or reliance on such Third-Party Content is at your sole risk.  All title, ownership rights and intellectual property rights in or relating to the Third-Party Content will remain with the applicable Third-Party Content Provider.   Nothing on the Platform will be construed as conferring on any User any license, save as expressly set out herein, of any Third-Party Content Provider’s title, ownership rights and/or intellectual property rights, whether by estoppel, implication or otherwise.
   • Provided you are in compliance with these Terms, you can download and access the App on a single mobile device and access the Platform using properly issued User Credentials.  All other rights in the App or Website are reserved by ABCOMO.  In the event of your breach of these Terms, we will be entitled to terminate your use and access to the App, Website and Platform immediately.
   • You agree not to (i) modify, adapt, translate or create derivative works of the App, Website or Platform, or any data or content (including Third-Party Content) provided through the App or Platform, or any portion thereof, or attempt to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or Platform; (ii) remove any copyright notice, trade mark, legend, logo or product identification from the App or Platform; (iii) make any commercial use of the App or Platform; or (iv) rent, lease, distribute or lend the App or Platform to third parties.
   • Each User authorizes ABCOMO to use any information or content provided by the User or processed in connection with the use of the App and Platform (e.g. Personal Information, geographic information, device information) in the context and for the purpose of providing the Platform and the secure use of the App.
7. Use of User’s Third Party Content
   
   • You agree that ABCOMO shall have the right to access and use all contents including pictures, articles or other postings (“Social Media Content”) you post on third party social media platforms so long as such Social Media Content is related to or in connection with the transactions or contracts on the Platform.
8. Fees

There is no charge to download the App and register for an AbComno User Account, but we may charge for certain in-app purchases and other features as we may specify from time to time.  You may be charged transaction and other fees in connection with a Trading Account.  Any such fees are specified in the Long Bridge Terms and Third-Party Financial Services Provider Terms.

9. User Access Obligations
   
   • Issuance of User Credentials. ABCOMO will issue a set of unique User Credentials to each User that is registered to use the App, Website and Platform.  Such User Credentials only allow the User to access the ABCOMO User Account.  Each User shall promptly provide acknowledgment of receipt of such User Credentials to ABCOMO. You may be issued a separate set of User Credentials if you create a Trading Account.
   • No Transfer of User Credentials. Each User acknowledges that each set of User Credentials is non-transferable and shall only be used by the User to whom it is   Such User Credentials shall not be disclosed to or transfer to any third person without written permission of ABCOMO.
   • Each User shall:
     • keep their User Credentials strictly confidential and not share them with any other person for any purpose including, but not limited to, initiating or executing any payment transaction involving the Trading Account. Further, the User shall not disclose her User Credentials in a recognizable way to third parties on any device (for example, by writing down or recording the User Credentials without disguising them);
     • take all reasonable efforts to secure all records relating to her User Credentials, including, but not limited to, keeping such records in a secure or physical location accessible or known only to the User and keeping such records in a place where the records are unlikely to be accessed by a third party;
     • take all reasonable measures to follow security instructions provided by ABCOMO and otherwise protect the security, prevent tampering or use by any other person of the User Credentials, App or Platform, including those security measures prescribed in our Privacy Policy;
     • notify ABCOMO immediately through any channel prescribed by ABCOMO in the event:
       • of loss of your User Credentials;
       • of your User Credentials having been disclosed to third parties or otherwise compromised;
       • that you reasonably suspect any unauthorized use of your User Credentials;
     • create strong passwords (for example, using a mixture of letters, numbers and special characters, and not using easily accessible personal information) and strong PINs (for example, by not using numbers that are consecutive or basing the PIN on the User’s contract ID, birth date, telephone number, identification number, or any other easily accessible personal information).

10. Prohibited Uses
    
    • You shall not use the App or Platform in any way, provide any information or content, or engage in any conduct in using the App or Platform that:
      • is unlawful, illegal or unauthorized;
      • is defamatory of any other person;
      • is obscene, sexually explicit or offensive;
      • advertises or promotes any other product or business;
      • is likely to harass, upset, embarrass, alarm or annoy any other person;
      • is likely to disrupt the Platform in any way; or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
      • infringes any copyright, trademark, trade secret, or other proprietary right of any other person;
      • restricts or inhibits any other person from using the Platform, including, without limitation, by means of “hacking” or defacing any portion of the Platform;
      • disables, damages or alters the functioning or appearance of the Platform;
      • “frames” or “mirrors” any part of the Platform without our prior written authorization;
      • uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, retrieve, index, “data mine”, “scrape”, “harvest” or in any way reproduce or circumvent the navigational structure or presentation of the Platform or its contents;
      • harvests or collects information about other Users without their express consent;
      • sends unsolicited or unauthorized advertisements, spam, or chain letter to other Users of the Platform;
      • transmits any content which contains software viruses, or other harmful computer code, files or programs; or
      • advocates, promotes or assists any violence or any unlawful act.
    • You agree and understand that the information and services provided by the Platform are not provided to, and may not be used by, any individual or institution in any jurisdiction where the provision or use thereof would be contrary to any applicable law, or where we are not authorized to provide such Platform or information and services. The Platform may not be available in all jurisdictions.
    • We reserve the right, but do not have the obligation, at our sole discretion to edit, delete, remove or block any information that violates these Terms.
11. Security
    
    • We may use authentication or verification technologies, services or measures as we deem desirable or appropriate. Such measures may include multi-factor authentication or use of Biometric Information to access the App and the Platform. There can be no assurance that such authentication technologies, services or measures will be completely secure, adequate or successful to prevent unauthorized access to or use of the Platform or your Long bridge Account or Trading Account, or hacking or identity theft.
    • Biometric Information. We may offer access to the App and the Platform using a mobile device by using Biometric Authentication.  The User acknowledges that by enabling Biometric Authentication for the Platform, unauthorized third parties can gain access to the Platform without entering User Credential and query banking information.  The User acknowledges and accepts the risks and obligations associated with using the Platform in conjunction with Biometric Authentication, and, in particular, also the risk of third parties querying their Trading Account information. By choosing to use Biometric Authentication on the User’s mobile device, the User consents to the collection and use of such Biometric Information s to provide access to App and the Platform in accordance with these Terms and the Privacy Policy.  The User further is relying on the functionality provided by the hardware and the operating system on the mobile device.  We shall not be liable for any malfunction, error, inaccuracy or unauthorized access to a User’s Biometric Information.
    • Security Breaches. While we employ reasonable security measures to protect the security and confidentiality of the Platform and your Personal Information in accordance with applicable law, we cannot guarantee the security of all transmissions or any network or system on which your Personal Information or account or transaction information is stored or processed.  To the extent required by law, we will notify you of an unauthorized access, use or disclosure of your Personal Information of which we become aware.   In the event you receive such notice, you are responsible for following the instructions set forth in the notice, including immediately changing your User Credentials and other steps to prevent unauthorized access to your account or Personal Information.
12. Authorized Individuals
    
    • Each User and Authorized Individual acknowledges that they have received and accepted these Terms. When applying for any Authorized Individual to receive access to the Platform and a Trading Account on their behalf, the User  acknowledges and represents that the Authorized Individual  is duly authorized to (i) access and use the Platform on the User’s behalf and, if applicable, to exercise the same powers conferred by the User upon the Authorized Individual  in accordance with any underlying power of attorney to the same extent as is technically feasible and that services offered under the Platform are analogous to services that the User may utilize through other channels; (ii) accept any Changes to these Terms on the User’s behalf; and (iii) apply or subscribe to any of the Platform services that require separate application or subscription.
    • Each User shall procure that each Authorized Individual acting on their behalf is informed of and agrees to and complies with these Terms and, as applicable, the Third-Party Financial Services Provider Terms. You shall be fully liable for all acts or omissions or non-compliance of your designated Authorized Individual in the access and use of the Platform and any transactions conducted through your Trading Account.
    • Each User fully indemnifies ABCOMO, all Third-Party Financial Services Providers and Third-Party Partners and each of their respective affiliated subsidiaries and affiliates, officer, directors, employees, agents and representatives against any liabilities, costs, claims, losses, expenses (including but not limited to legal fees) and damages arising out of or relating to (i) a breach of these Terms by their Authorized Individual ; and (ii) any claim or action by their Authorized Individual against a Third-Party Financial Services Provider, Third-Party Partner or ABCOMO.
    • You represent, undertake and confirm that the you have procured the consent of your Authorized Individuals to the collection, use, transfer, disclosure and processing of the Personal Information of such Authorized Individuals in accordance with these Terms and the Platform Privacy Policy.
13. Provision of Material and Information
    
    • By choosing to use the Platform, each User acknowledges that:
      • ABCOMO is under any obligation whatsoever to accede to the User’s request to provide Material on any products and/or services; and
      • any Material, where provided, was provided for the User only and is not to be further distributed without the written consent of ABCOMO.
    • Information provided under the Platform is prepared for your convenience and may not fully and accurately reflect all transactions which have been carried out on your account during a relevant period.
    • The content and information displayed through the Platform relating to products and services s may not be eligible for sale or available to residents of certain nations or certain categories of users due to regulatory
14. Service and Other Notifications
    
    • The use of Service Notifications involves communications through unsecured communications networks and in the case of Payment Accounts shall be governed by the relevant provisions of the Third-Party Financial Services Provider Terms relating to such electronic or unsecured You shall provide us with complete and accurate email address(es) or phone number(s) to allow us to send Service Notifications to you.  Where you have provided multiple email address(es) and phone number(s) to us, you shall specify your preferred contact details for receiving Service Notifications.  Where your account is a joint account, you shall inform us whether Service Notifications should be sent to a specific account holder or to all of them.
    • You agree to accept notifications regarding the App, Website, Platform, ABCOMO User Account, Payment Account and Terms through Service Notifications. You agree that such Service Notifications shall constitute effective notice in lieu of written, mailed or other forms of notice required by applicable law.
    • It is your sole responsibility to monitor the applicable email account or phone number without further reminders or repeat notifications from ABCOMO. You shall immediately report any unauthorized use or access of the Platform.
    • You release Third-Party Financial Services Provider and ABCOMO from any liability for losses or damages resulting from the use of the Service Notifications, to the extent permitted by law. Third-Party Financial Services Providers and ABCOMO provide no warranty and accepts no liability that the information provided through Service Notifications is up-to-date, correct or
15. Personal Information
    
    • As part of the Platform, Personal Information of the User may be collected, used, transferred, disclosed or otherwise processed by ABCOMO in accordance with the Personal Information Collection Statement and Privacy Policy. You should read the Personal Information Collection Statement and Privacy Policy carefully before registering for and using the App and Platform.  You consent to the collection, use and disclosure of your Personal Information in accordance with these Terms and the Personal Information Collection Statement and Privacy Policy, including without limitation, disclosure to the Third-Party Financial Services Provider or Third-Party Partners for purposes of providing services and conducting transactions on the Platform.
16. Disclaimer and Risks of Use of Platform
    
    • The Platform and App, including all content (including Third-Party Content), features and any related services are provided on an “As Is” and “As Available” basis at the User’s sole risk and without any representations or warranties. We do not guarantee that all or any part of the Platform, Website or  App will be available or accessible by the User at all
    • The use of the Platform, due to the download, installation or use of the App and the associated reference points with third parties (for example, distribution platform providers, network providers, device manufacturers) involves risks, in particular:
      • disclosure of your Personal Information or other information and the existence of your relationship with the Third-Party Financial Services Provider to third parties;
      • system outages, security-related restrictions and unauthorized removal of use restrictions on the end device, and other disturbances which may make use impossible; and
      • misuse due to manipulation by malware or unauthorized use, including in the event the User’s device used to access the App or the Platform is lost or stolen.

You are aware of and assume these risks in connection with the App, Website and Platform.

• We are entitled to block or disable the use of the App on end devices if the security features devised by the operating system or manufacturer of such device on which the App is installed have been modified at any time (for example, a device that has been “jailbroken”). Accordingly, we do not guarantee the functioning and operation of the App on end devices which have been modified in this way or on older end devices that no longer meet the technical requirements for the use of the App or access to the Platform.
• ALL WARRANTIES, CONDITIONS OR TERMS (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) INCLUDING WITHOUT LIMITATION RELATING TO QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, OR UNINTERRUPTED, ERROR-FREE ACCESS ARE EXPRESSLY EXCLUDED FOR THE APP AND PLATFORM TO THE FULLEST EXTENT PERMITTED BY
• We may, at our sole discretion:
  • suspend or terminate part or all of the Platform at any time; or
  • suspend, block or terminate access to any User at any
• We will not be liable to you, your Authorized Individuals and/or any third party for loss or damage suffered due to delay, transmission errors, technical faults or defects, breakdowns and illegal intrusion or intervention in the information provided and services offered, or any failures or delays in completing any transactions on the Platform. Similarly, we will not be liable for any loss or damage suffered due to delays, technical faults or interruptions in the availability of the App, Website, the Platform, the ABCOMO User Account or the Payment Account (including maintenance work required by our systems).
• No representation or warranty, express or implied, can be given as to the accuracy or completeness of the information provided in the Platform.
• Each User acknowledges and accepts the risks that may arise from Internet transactions conducted via open systems accessible to anyone and acknowledges that despite the encryption of data, the connection from the User’s personal computer or electronic mobile device to the Platform over the Internet may be observable. We may also use servers and other computer hardware situated in any jurisdiction worldwide for the provision of any portion of the Platform.
• We exclude any and all liability for loss or damage caused by transmission errors, technical faults, breakdowns, business interruptions or illegal interventions into transmission networks, IT systems/computers of the User or of any third party (including systems in the public domain).

17. Release
    
    • To the maximum extent permitted by applicable law, you hereby discharge, acquit, and otherwise release us, our parent company, affiliates and subsidiaries and each of their respective officers, directors, shareholders, members, partners, attorneys, employees, independent contractors, telecommunication providers, and agents (collectively, the “Indemnified Parties”), from any and all allegations, counts, charges, debts, causes of action, claims and losses, relating in any way to the use of, or activities relating to the use of the App, Website, Platform and any services or Third-Party Content provided through the App, Website or Platform, including, but not limited to, claims relating to the following: negligence, gross negligence, intentional interference with contract or advantageous business relationship, defamation, privacy, publicity, misrepresentation,  false identities, fraudulent acts by others, invasion of privacy, release of Personal Information, failed transactions, purchases or functionality of the Platform, unavailability of the App, Website, Platform or Third-Party Content, their functions and any other technical failure that may result in inaccessibility to the App, Website, Platform, or Third-Party Content, or any claim based on vicarious liability for torts committed by you encountered or transacted with through the App, Website, Platform, or Third-Party Content, including, but not limited to, fraud, computer hacking, theft or misuse of Personal Information, assault, battery, stalking, rape, cheating, perjury, manslaughter, or murder.  The above list is intended to be illustrative only, and not exhaustive of the types or categories of claims released by us.  This release is intended by the parties to be interpreted broadly in favor of us, and thus any ambiguity shall be interpreted in a manner providing release of the broadest claims.  This release is intended to be a full release of claims, and the parties acknowledge the legally binding nature of this provision, and the nature of the rights given up in connection therewith.
18. Indemnification and Limitation of Liability
    
    • Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Indemnified Parties, from and against any and all claims (including third-party claims), actions, loss, liabilities, expenses, costs, or demands, including, without limitation, legal and accounting fees, directly or indirectly, resulting from or by reason of  (i) your (or if you are under another person’s authority, including, without limitation, Governmental Authorities, such other person’s) use, misuse, or inability to use the App, Website,  Platform, the Payment Account, or any of the content, including Third-Party Content contained therein or any content or information that you provided to the Platform; or (ii) your breach of this these Terms or the Third-Party Financial Services Provider Terms, including those documents that are expressly incorporated into these Terms or the Third-Party Financial Services Provider Terms by reference and form a part of these Terms or the Third-Party Financial Services Provider Terms.
    • Notice of Indemnification; Defense. We shall notify you by email, mail, or other appropriate means, of any such claim or suit, and reasonably cooperate (at your expense) in the defense of such claim or suit.  We reserve the right to participate in the defense of such claim or choose our own legal counsel, but are not obligated to do so.
    • Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO THEORY OF LAW (TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), SHALL WE OR ANY OF THE INDEMNITEES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES ARISING FROM THE USE OR MISUSE OF, OR INABILITY TO USE, THE APP, WEBSITE, PLATFORM, THIRD PARTY CONTENT OR THIRD-PARTY PARTNERS, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR TRADING LOSSES, LOSS OF INFORMATION, BUSINESS INTERRUPTION OR LOST PROFITS, LOST SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE APP, WEBSITE, PLATFORM, THIRD-PARTY CONTENT OR THIRD PARTY PARTNERS OR FOR ANY CLAIM OR DEMAND BY ANY THIRD PARTY, EVEN IF WE KNEW OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES, CLAIM OR DEMAND IF THE FOREGOING DISCLAIMER AND WAIVER OF LIABILITY SHOULD BE DEEMED INVALID OR INEFFECTIVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES, SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
    • Maximum Liability. IN NO EVENT SHALL OUR LIABILITY, REGARDLESS OF THE FORM OF ACTION AND DAMAGES SUFFERED BY YOU, EXCEED THE HIGHEST AGGREGATE FEES PAID BY YOU TO US IN CONNECTION WITH THE PLATFORM, OR THE APP, OR 10,000 SINGAPORE DOLLARS, WHICHEVER IS GREATER.
    • Force Majeure. We will not be liable for our failure to perform any obligations under these Terms due to events beyond our control, and the time provided for performing such obligations shall be extended by a period of time equal to the duration of such events.  Events beyond our control include, but are not limited to, acts of God, war, riot, arson, embargoes, civil commotion, strikes, labor disputes, equipment failures, bank failures, virtual currency market collapse or fluctuations, credit or debit card transaction processing failures, strikes, fire, flood, earthquake, hurricanes, tropical storms or other natural disaster or casualty, shortages of labor or material, shortage of transportation, facilities, fuel, energy, government regulation or restriction, acts of civil or military authority or terrorism, fiber cuts, weather conditions, breaches or failures to perform by third parties, technical problems, including hardware and software crashes and other malfunctions, failure of the telecommunications or information services infrastructure, hacking, SPAM or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, Internet disruptions, viruses, and mechanical, power or communications failures.
19. Termination In Whole or In Part
    
    • Access to the Platform may be terminated in whole or in part at any time either by the User or by us in accordance with the Terms or the Third-Party Financial Services Provider Terms. In addition, we reserve the right at our sole discretion to terminate immediately and without notice any User’s access to or use of the App and the Platform if they violate Section 10 or any other provision of these Terms. Your access to the Platform will be automatically terminated upon termination of your ABCOMO User Account or Trading Account.  Sections 1,2 3, 6.1, 6.2, 6.4, 6.5, 7.2, 9, 10, 11, 12, 13, 14, 15 16, 17 18, 19,20.1, 21.1and 22 and any claims for breach of these Terms shall survive such termination.
20. Records Conclusive
    
    • Our records in relation to the Platform will be final and conclusive and be binding on each User for all purposes. Each User agrees that such records are admissible in evidence and further undertakes to waive any rights to challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were produced by or were the output of a computer system or are set out in electronic
21. General
    
    • These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between you and ABCOMO with respect to the subject matter of these Terms, and supersede any and all prior or contemporaneous agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of these Terms. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  These Terms may not be changed, waived or modified except by ABCOMO as provided herein.  Neither these Terms nor any right, obligation or remedy hereunder is assignable, transferable, delegable or sublicensable by you except with our prior written consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void.  No waiver by any party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Any heading, caption or section title contained in these Terms is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
22. Governing Law and Dispute Resolution
    • These Terms shall be governed by the laws of Singapore.
    • Any dispute arising out of or in connection with these Terms or the Platform, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore 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. The Tribunal shall consist of one (1) arbitrator.  The language of the arbitration shall be English.  The seat of the arbitration shall be Singapore.  Any award is final and may be enforced in any court of competent jurisdiction.  The parties shall duly and punctually perform their obligations hereunder pending issuance of the arbitral award.
23. Contacting Us

You may contact ABCOMO regarding these Terms, the App, Website or the Platform as follows:

contact@abcomo.com