BANKER USER TERMS AND CONDITIONS
(ENGLISH VERSION ONLY)
- These Banker User Terms and Conditions describe:
- the relationship between an Banker User and Finmonster;
who can be an Banker on the Finmonster Platform;
how an Banker can provide Services to a Corporate User;
the Intermediary Services that we provide on the Finmonster Platform; and
These Banker User Terms and Conditions should be read in conjunction with other important documents and guidance. These are:
- You should keep a copy of these Banker User Terms and Conditions safe for future reference.
- In these Banker User Terms and Conditions "we", "us" or "our" means Finmonster. "You", "your", "it" or "its" means the Banker User. Words which appear in bold are defined in the Glossary at the end of these Banker User Terms and Conditions.
- Before you create a Banker User Account, you must read these Banker User Terms and Conditions.
- By creating and maintaining a Banker User Account, you agree to be bound by these Banker User Terms and Conditions. You agree to access and use the Finmonster Platform and the Website for the purposes of providing indicative offer and your contact information to Corporate User as envisaged by, and in accordance with, these Banker User Terms and Conditions.
- If, after reading these Banker User Terms and Conditions, you feel you are not able to comply with your obligations under them, or you do not wish to be bound by them, then you should not proceed to create a Banker User Account or access the Finmonster Platform.
- If you have any questions or queries, you should contact us by email ([email protected]) or by telephone on +852 3590 8508.
The Finmonster Platform and Finmonster's role
The Finmonster Platform is online software that matches those who wish to provide corporate banking services with those who wish to obtain corporate banking services. Our role is to:
- operate and manage the Website and the Finmonster Platform;
- match corporate banking services provider with Corporate User;
- facilitate services between Corporate User and Banker User; and
- perform Marketplace Services.
- We, or others we instruct, perform the following Marketplace Services:
- distributing Corporate User business background information to services provider;
- disclose Corporate User contact information to Banker User under the consent from Corporate User
- disclose Banker User contact information to Corporate User under the selection by Corporate User
- provide structuring service to Corporate User if there is no available provider
- allow us to update the contact information and business background information of Corporate User Account to those Banker User under the favorite banker of Corporate User Account
- You authorise us to provide or arrange the provision of the Marketplace Services for you.
- In connection with our Marketplace Services, we collect business, financial and personal information from a Corporate User and from third parties when a Corporate User applies for a Service Request, but we cannot guarantee its accuracy. Accordingly, we accept no responsibility or liability for the inaccuracy of such information. We may from time to time update the information we publish when we are provided with new or additional information but we shall have no obligation to do so.
- No information, activity or process undertaken, or outcome reached, in connection with the provision of Marketplace Services is intended to constitute or be construed as advice, recommendations or guarantee by Finmonster or any Eureka Holding Limited Company as to the creditworthiness of any Corporate User in relation to the services requested by Corporate User.
Our agreement with you
- These Banker User Terms and Conditions set out the basis of our relationship with you as an Corporate User.
- We do not guarantee you will be able to provide your indicative offer and contact information through the Finmonster Platform.
- We will not perform any management functions on your behalf in respect of any Service Request that you receive. It is your sole decision whether or not to provide indicative offer to Corporate Users on the Finmonster Platform. You should seek independent financial, legal, tax or other professional advice prior to deciding to provide your indicative offer and contact information through the Finmonster Platform.
- We are not authorised to give investment advice. No information contained on the Finmonster Platform or on the Website constitutes investment advice or a recommendation to lend money, and should not be treated as such.
- Except where you have obtained our specific prior written consent, you:
- understand and agree that the Finmonster Platform is not intended or designed to be used for any loan application;
- undertake that you will not use the Finmonster Platform for the purpose other than provide your indicative offer and contact information; and
- undertake that your usage of Finmonster Platform will not violate any rules or regulation applied by your employer, regulatory bodies, professional associations or mutual agreement between you and third parties. We have no responsibility or liability to verify the rules or regulation applied to your role and any loss incurred from the breach of such rules and regulation.
Banker User Eligibility Criteria
- To access and use the Finmonster Platform for the purposes of providing indicative offer and your contact information you must create and maintain a Banker User Account unless we agree otherwise. To be eligible to do so, unless we agree otherwise, you must satisfy the following Banker User Eligibility Criteria:
- you must be an individual working for limited liability partnership, limited company, public body or other legal entity that able to provide Corporate Banking Services;
- you must be a representative of limited liability partnership, limited company, public body or other legal entity that able to provide Corporate Banking Services;
- if you are an individual, you must be 18 years old or above;
- you must provide us with all information and documents that we may reasonably request about you and about your financial condition, business and affairs from time to time. For example, we may request information from you to allow us to fulfill our legal obligations and to ensure the proper operation of the Finmonster Platform. You must notify us when any of the information or details you have provided to us changes.
- We may change the Banker User Eligibility Criteria from time to time.
- You may not be both a Banker User and a Corporate User unless you have obtained our specific prior written consent.
- If you cease to satisfy the Banker User Eligibility Criteria we may close your Banker User Account in accordance with the process set out in clause 10 (Ceasing to be a Banker User with Finmonster and termination).
Creating an Banker User Account
- Before you can response to your designated Services Request on the Finmonster Platform you must create a Banker User Account.
- We have absolute discretion whether to accept or reject your application to become a Banker User and create a Banker User Account, even if you satisfy the Banker User Eligibility Criteria.
- You confirm and agree that, when you create a Banker User Account and for so long as you maintain a Banker User Account:
- you meet the Banker User Eligibility Criteria;
- the information you provide to us is true and accurate in all respects and is not misleading;
- you will ensure that no unauthorised person can access or use your Banker User Account;
- if you are acting on another person's behalf, you are authorised to act on their behalf and will provide us with written evidence of your authority to act when requested;
- if you are a limited company, limited liability partnership, public body or other legal entity, the person creating and maintaining the Banker User Account is properly authorised to represent you and to enter into a legally binding agreement with us. You will ensure that only authorised persons are able to access or use your Banker User Account and you will provide us with written evidence of your authority to act if and when requested;
- you are properly authorised to provide indicative offer on your own and your contact information, and out of, your Banker User Account.
- You authorize us to verify the information provided by you from external sources and your employers if needed in order to ensure the data integrity of the professional background as Banker User.
- If any of the statements in clause 6.3 cease to be true you must contact us as soon as possible by email ([email protected]) or by telephone (+852 3590 8508) to tell us.
- You must update your Banker User Account when your details change or tell us and we will update your details.
- When you create your Banker User Account you must provide a username, a valid e-mail address, a password and certain security information. Your username and password are unique to your Banker User Account and are non-transferable without our specific prior written consent. You will need them to access certain restricted areas of the Website.
- You must keep your username, password and security information secure and confidential. You are responsible for all activity on or through your Banker User Account and the Finmonster Platform, including all activity by anyone that uses your username, password or security information, whether or not they have been authorised by you. You must provide all authorised persons with a copy of these Banker User Terms and Conditions and ensure that they comply with them when accessing and using the Finmonster Platform and the Banker User Account.
- You must not transfer your Banker User Account to another person, or permit another person to use your Banker User Account, without our specific prior written consent.
- You must notify us immediately if you believe that an unauthorised person is using your Banker User Account or the security of your Banker User Account has been or might be breached.
- We can assume that all correspondence, orders, transfers and instructions made by reference to your username and password are made by you.
- We can decline to act on your instructions or suspend your Banker User Account if we suspect illegal or fraudulent activity or unauthorised use of your Banker User Account.
- If we accept a Corporate User’s Service Request application, it becomes a Services Request.
- You receive the designated Services Request on the Finmonster Platform. The Service Request information and Corporate User’s provided business background information and financial information will be provided to you on an anonymous basis. We have no responsibility or liability to verify the business background information and financial information provided by Corporate User.
- Information regarding the Services Request in your Banker User Account, the indicative offer you provided and other information relating to your replied Service Request is viewable in your Banker User Account.
- Although information in Service Request provided by Corporate User is on anonymous basis, you must not disclose the information to a third party or other users on Finmonster Platform.
- We may:
- withdraw Services Request if they are not market reasonable;
- withdraw Services Request if we consider it necessary to do so;
- monitor and regulate the availability and functionality of the Finmonster Platform; and
- from time to time change the minimum or maximum amount that a Banker User can response to a single Corporate User or in total across the Finmonster Platform.
Fees and charges
- We will not charge you any fee for creating a Banker User Account or response to any designated Services Request through the Finmonster Platform.
- We may charge a Subscription Fee which will allow you to continuous your response to the received Services Request in your Banker User Account. If applicable, it will be included in the Subscription Plan stated in the Key Contract Terms and be deducted by us from monthly payments made by you.
- We reserve the right to change or waive any applicable fees from time to time.
- We may make changes to these Banker User Terms and Conditions from time to time without your consent for any of the following reasons:
- to make these Banker User Terms and Conditions clearer or easier to understand;
- to make changes which benefit you or do not disadvantage you;
- to make changes to the products or services we offer or provide to you, to introduce new products or services or to withdraw products or services we no longer offer;
- to change our existing products or services because of changes to technology, systems, processes or our business policies or procedures; or
- to reflect changes in law, regulation, industry guidance or a decision of a court or by a regulator or ombudsman.
- We will always try to give you at least two week notice of an amendment to these Banker User Terms and Conditions by notifying you of the proposed change through the Website or sending an email to your registered email address. However, this may not always be possible and we may make changes on shorter notice periods.
- Subject to clause 10.2, if you do not agree with any changes that we make to these Banker User Terms and Conditions you are able to close your Banker User Account at any time by contacting us by email ([email protected]). Your indicative offer and contact information are still accessible to the Services Request that is replied.
- By continuing to access and use the Finmonster Platform after any changes to these Banker User Terms and Conditions, you accept and agree to be bound by the updated Banker User Terms and Conditions.
Ceasing to be a Banker User with Finmonster and termination
- If you no longer wish to be a Banker User then, provided you have no outstanding replied Service Request, you can notify us at any time and we will close your Banker User Account.
- We may give you notice that we intend to close your Banker User Account at any time if:
- you cease to be an eligible Banker User because you do not satisfy the criteria in clause 5 (Banker User Eligibility Criteria);
- you do not respond to our reasonable requests for information or you fail to provide such information;
- we suspect that you have committed or have been involved in fraud, money laundering or other criminal activities;
- we discover that any information you have provided to us is materially incorrect, inaccurate, false or misleading;
- you use the Finmonster Platform or any information obtained or discovered through being an Banker User with us to canvass or solicit any person from Finmonster;
- you use the Finmonster Platform for a purpose for which the Finmonster Platform is not intended or other than as a direct lending platform to Corporate Users;
- you use the Finmonster Platform or the Website in an illegal, offensive or defamatory way or in any way which causes inconvenience to other users;
- you misuse the Finmonster Platform in any other way; or
- we believe that any action you undertake (or fail to take) will have an adverse effect on the Finmonster Platform or Finmonster's reputation.
- If we give you notice under clause 10.2, your Banker User Account will remain active for so long as you have outstanding replied Services Request but the functionality of your Banker User Account will be restricted and you will not be able to response to any designated Service Request.
Your Liability To Us
- You will be liable to us for any foreseeable loss or damage suffered by us as a result of:
- any breach by you of these Banker User Terms and Conditions or the Website Terms and Conditions;
- your negligence or willful default;
- any fraudulent use by you of the Finmonster Platform; and
- any and all misuse of your username, password, the Website, the Finmonster Platform or Banker User Account (including as provided for under clause 6 (Creating a Banker User Account)).
Our Liability To You
- We will be liable to you for any foreseeable loss or damage suffered by you as a result of:
- any breach by us of these Banker User Terms and Conditions;
- our negligence or willful default;
- In any event, our total aggregate liability to you shall be limited to the amount paid, if any, by you to the Company for the Service during the term of membership.
- Eureka Holding Limited or Finmonster shall not guarantee or assume any responsibility that:
- the information presented in by Corporate User is accurate, adequate, current or reliable, or may be used for any purpose other than for general reference;
- the information presented in Marketplace Services is free of defect, error, omission, virus or anything which may change, erase, add to or damage your software, data or equipment;
- messages sent through the internet including in connection with the services will be free from interception, corruption, error, delay or loss; and
- use of the Marketplace Services will achieve any particular result;
- You will exercise and rely solely on your own skill and judgment in your use and interpretation of the information and use of the services provided by Finmonster. You are responsible to ensure that your use of the information and the services complies with all applicable legal requirements.
- We always try to offer the best service possible. However, if you are unhappy with any service or product offered by us please contact us by email ([email protected]) or by telephone (+852 3590 8508). We will endeavor to resolve your complaint as quickly and as fairly as possible.
Our intellectual property rights
- All intellectual property rights subsisting in respect of the Finmonster and Finmonster’s Platform belong to Eureka Holding Limited. All rights under applicable laws are hereby reserved. You are not allowed to upload, post, publish, reproduce, transmit or distribute in any way any component of the Finmonster or create similar alternative with respect thereto, as the website is copyrighted under applicable laws.
- All your information, comments, concept and knowledge provided by you in connection to the Finmonster or Finmonster’s Platform are free to use, disclose, adopt and modify. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your information, comments, concept and knowledge.
Other Miscellaneous Terms
- If any provision of these Banker User Terms and Conditions is found to be illegal, invalid or unenforceable by any court of competent jurisdiction, this will not affect the validity and enforceability of the remaining provisions.
- The Finmonster Platform is an online service and all documents or notices that we wish to send you may be delivered to you through the Website to your Banker User Account. You may also receive by email a prompt from time to time for you to log into your Banker User Account. We may also send you letters to the address you have registered with us or in any other manner we consider appropriate.
- Our rights under these Banker User Terms and Conditions may be exercised as often as necessary, are cumulative and not exclusive of any rights or remedies provided by law. Delay in the exercise of any right granted to us in these Banker User Terms and Conditions is not a waiver of that right.
- These Corporate User Terms and Conditions are governed by and construed in accordance with laws of the Hong Kong Special Administrative Region. If any dispute (whether contractual or non-contractual) arises out of, or in connection with, these Corporate User Terms and Conditions, we and the Corporate User agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.
Capitalised terms used in these Banker User Terms and Conditions have the following meanings:
Banker User: a person who has a Banker User Account on the Finmonster Platform, including those who provide corporate banking services.
Banker Terms and Conditions: the terms and conditions that govern the relationship between a Banker User and Finmonster, as amended or replaced from time to time.
Banker User Account: any account which a Banker User has with Finmonster.
Corporate User: a company or its representative or its authorized person signed up as Corporate in Finmonster Platform, if applicable, using Finmonster Platform seeking corporate banking services. .
Corporate User Account: the account which a Corporate User holds with Finmonster.
Corporate User Terms and Conditions: the terms and conditions that govern the relationship between a Corporate User and Finmonster, as amended or replaced from time to time.
Eureka Holding Limited Company: Eureka Holding Limited, Finmonster, Finmonster Platform and all other companies within the Eureka Holding Limited corporate group.
Finmonster Platform: the online banking service marketplace platform operated by Finmonster that facilitates Corporate Banking services between Corporate User and Banker User.
Finmonster: Finmonster.com that operated by Eureka Holding Limited.
Marketplace Services: the services Finmonster provides through it being an online software that facilitate between Corporate User and Banker User, as further outlined in clause 3 (Marketplace Services).
Services Request: a request for corporate banking service made by or on behalf of a Corporate User through Finmonster Platform.
Subscription Fee: The fee Banker User shall be paid for continuous response to the designated Services Request, as amended or replaced from time to time.
Website Terms and Condition: the terms that govern the use of the Website which is accessible her: https://www.finmonster.com.