CORPORATE USER TERMS AND CONDITIONS
(ENGLISH VERSION ONLY)
- These Corporate User Terms and Conditions describe:
- the relationship between a Corporate User and Finmonster;
- who can be a Corporate User on the Finmonster Platform; and
- the Marketplace Services that we provide on the Finmonster Platform.
- These Corporate User Terms and Conditions should be read in conjunction with other important documents and guidance. These are:
- Website Terms and Conditions
- You should keep a copy of these Corporate User Terms and Conditions safe for future reference.
- In these Corporate User Terms and Conditions “we”, “us” or “our” means Finmonster. “You”, “your”, “it” or “its” means the Corporate User.
- Before you create a Corporate User Account, you must read these Corporate User Terms and Conditions.
- By creating and maintaining a Corporate User Account, you agree to be bound by these Corporate User Terms and Conditions. You agree to access and use the Finmonster Platform and the Website for the purposes of seeking banking services and obtaining indicative offer, from Banker Users as envisaged by, and in accordance with, these Corporate User Terms and Conditions.
- If, after reading these Corporate User Terms and Conditions, you feel you are not able to comply with your obligations under them, or you do not wish be bound by them, then you should not proceed to create a Corporate User Account or start a Services Request.
- If you have any question or queries, you should contact us by email at [email protected] or by telephone on +852 3590 8508.
- We allow certain introducers to make Service Request on behalf of Corporate User who are clients or representatives of those introducers. If an introducer makes a Services Request on behalf of a Corporate User then: (a) the introducer should disclose this fact to us; (b) we will be entitled to assume that the Corporate User has read and accepted these Corporate User Terms and Conditions and the use of Credit for such Services Request, and treat the Service Request as having been made with the Corporate User’s full authority; and (c) these Corporate User Terms and Conditions shall apply.
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 information from you when you create a Corporate User Account and Services Request. We also collect information about you, your business and people connected with your business from third parties in connection with the Marketplace Services we provide and with verifying your identity. We cannot guarantee the accuracy of the information we obtain from third parties.
- 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 Banker User in relation to the indicative offer and contact information provided by Banker User.
Our agreement with you
- These Corporate User Terms and Conditions set out the basis of our relationship with you as a Corporate User.
- We do not guarantee you will be able to obtain your services through the Finmonster Platform.
- The indicative offer and contact information provided by Banker User is in response to your services request. We have no responsibility or liability to verify the accuracy of the information provided by services provider.
- 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 borrow 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; and
- undertake that you will not use the Finmonster Platform for the purpose other than obtain your indicative offer and contact information.
- undertake that your usage of Finmonster Platform will not violate any rules or regulation applied by your internal policy, 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.
Corporate User Eligibility Criteria
- To access and use the Finmonster Platform for the purposes of services request you must create a Corporate User Account and start a Services Request. To be eligible to do so, you must satisfy the following Corporate User Eligibility Criteria (unless we otherwise agree):
- you must have been or will be actively trading as a business but not an individual;
- you must answer our reasonable requests for information from time to time; and
- you must provide us with all information and documents that we may reasonably request about you and your financial condition, business and affairs from time to time. For example, we may request information from you to allow us to fulfil 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 Corporate User Eligibility Criteria from time to time.
- You may not be both a Corporate User and a Banker User unless you have obtained our specific prior written consent.
- If you cease to satisfy the Corporate User Eligibility Criteria we may close your Corporate User Account in accordance with the process set out in clause 10(Ceasing to be a Corporate User with Finmonster and termination).
Creating a Corporate User Account
- Before you can obtain indicative offer and Banker User’s contact information on the Finmonster Platform, you must start a Services Request and create your Corporate User Account.
- We have absolute discretion whether to accept or reject your Services Request and your request to create a Corporate User Account, even if you satisfy the Corporate User Eligibility Criteria.
- You confirm and agree that, when you create a Corporate User Account and for so long as you maintain a Corporate User Account:
- you meet the Corporate 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 Corporate 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 or other legal entity, the person creating and maintaining the Corporate User Account is properly authorised to represent you and to use Finmonster Platform. You will ensure that only authorised persons are able to access or use your Corporate User Account and you will provide us with written evidence of your authority to act if and when requested; and
- you are properly authorised to disclose your business background and contact information, and out of, your Corporate User Account; and
- You authorize us to verify the information provided by you from external sources if needed in order to ensure the data integrity of the business background as Corporate User.
- If any of the statements in clause 6.3 cease to be true while you maintain a Corporate User Account you must contact us as soon as possible by email ([email protected]) or telephone (+852 3590 8508) to tell us.
- You must update your Corporate User Account when your details change, or tell us and we will update your details.
- When you create your Corporate User Account you must provide a username, a valid e-mail address, a password and certain contact information. Your username and password are unique to your Corporate User Account and are non-transferable without our specific prior written consent.
- You must keep your username, password and security information secure and confidential. You are responsible for all activity on or through your Corporate User Account and the Finmonster Platform, including all activity by anyone that uses your username, password and security information, whether or not they have been authorised by you. You must provide all authorised persons with a copy of these Corporate User Terms and Conditions and ensure that they comply with them when accessing and using the Finmonster Platform and the Corporate User Account.
- You must not transfer your Corporate User Account to another person, or permit another person to use your Corporate User Account, without our specific prior written consent.
- You must notify us immediately if you believe that an unauthorised person is using your Corporate User Account or the security of your Corporate 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 Corporate User Account if we suspect illegal or fraudulent activity or unauthorised use of your Corporate User Account.
- If we accept your Service Request application, it becomes a Services Request.
- Banker User receives the Services Request on the Finmonster Platform. The Service Request information and your provided business background information will be provided to the Banker User. Please follow our instruction to input your business background in order to protect your privacy. Your Service Request is sent on anonymous basis with your financial information and business background. We have no responsibility or liability to verify the business background information and financial information provided by you.
- We have no responsibility or liability to guarantee Banker User or third parties unable to estimate the Service Request sender base on the financial information and business background.
- Any content you upload to Finmonster will be considered non-proprietary to public, and we have the right to use, distribute and disclose to third parties for the Marketplace Services. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of Finmonster.
- We may:
- withdraw Service Requests if they are not market reasonable;
- withdraw Services Requests if we consider it necessary to do so;
- monitor and regulate the availability and functionality of the Finmonster Platform;
- from time to time change the minimum or maximum number of Services Request that a Corporate User can submit in total across the Finmonster Platform.
Fees and charges
- We will charge you required Credits if you wish to access the contact information of Banker User related to the Service Request made by you. We will deduct the Credit from your Corporate User Account.
- Corporate User could top up their Credit balance in Corporate User Account. The charge will be shown to you according to the latest offer from us.
- We may charge you a other fee for services other than Finmonster Platform. If applicable, it will be included in the bilateral agreement to be signed for particular services to be agreed.
- We reserve the right to change or waive any applicable fees from time to time.
- We may make changes to these Corporate User Terms and Conditions from time to time without your consent for any of the following reasons:
- to make these Corporate User Terms and Conditions clearer or easier to understand;
- 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 Corporate 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.
- If you do not agree with any changes that we make to these Corporate User Terms and Conditions, you may close your outstanding Services Request and close your Corporate User Account. If you do so, Credit already used for the closed Services Request cannot be refunded.
- By continuing to access and use the Finmonster Platform after any changes to these Corporate User Terms and Conditions, you accept and agree to be bound by the updated Corporate User Terms and Conditions.
Ceasing to be a Corporate User with Finmonster and termination
- If you no longer wish to be a Corporate User then, provided you have no outstanding Services Request, you can notify us at any time and we will close your Corporate User Account.
- We may give you notice that we intend to close your Corporate User Account at any time if:
- you cease to be an eligible Corporate User because you do not satisfy the Corporate User Eligibility Criteria;
- you do not respond to our reasonable requests for, or fail to provide, information or documentation;
- 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 a Corporate 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 marketplace for corporate banking services from Banker User;
- 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 Corporate User Account will remain active for so long as you have outstanding Service Request but the functionality of your Corporate User Account will be restricted and you will not be able to make any further Services Request.
- Once you have no outstanding Services Request, we will close your Corporate User Account without any refund on the remaining credits in your Corporate User Account.
Your Liability To Us
- You will be liable to us for any loss or foreseeable damage suffered by us as a result of:
- 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 Corporate User Account(including as provided for under clause 6 (Creating a Corporate 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 Corporate User Terms and Conditions;
- our negligence or willful default; or
- 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 Banker 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 Corporate 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 Corporate User Account. You may also receive by email a prompt from time to time for you to log into your Corporate User Account. We may also send you notices to the address you have registered with us, your main registered office or in any other manner we consider appropriate.
- Our rights under these Corporate 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 Corporate 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 Corporate 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 Eligibility Criteria: the criteria for eligibility that must be satisfied by a Corporate User as specified in clause 5 (Corporate User Eligibility Criteria).
- 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.
- Credit: the balance of Corporate User Account that could use as resource to access the Banker User contact information from indicative offer.
- Disclaimer:Finmonster’s disclaimer which is accessible here: https://www.finmonster.com.
- 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.
- Monthly Fee: Fee that mutually agreed between Finmonster and Corporate User for particular services to be agreed.
- 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.
- Website: https://www.finmonster.com.
- Website Terms and Condition: the terms that govern the use of the Website.