- a. All clients whose credit assessment is successfully approved during onboarding are automatically approved for a CA credit facility. The respective Facility Agreement for Cash-IN-Asia Credit Facility shall apply.
- b. For clients who apply for and/or accept a CA Term Loan, the respective Loan Agreement for Cash-IN-Asia Term Loan shall apply.
- c. For each respective CA business financing product, each corresponding Personal Guarantee Agreement shall apply accordingly.
Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to clients with registered accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Misuse Act (Cap. 50A) of Singapore.
- Definitions & Interpretation
- 1.1 “Client” means an authorised user of the Platform and/or the Services who has successfully registered an account on the Platform with Cash-IN-Asia.
- 1.2 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar, corresponding, neighbouring and/or related proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
- 1.3 “Cash-IN-Asia”, “CA”, “we”, “our” and “us” refer to Cash In Asia Pte Ltd, a company incorporated pursuant to the laws of Singapore under registration number 201614262R and having its registered address at 22 Sin Ming Lane #07-77 Midview City Singapore 573969.
- 1.4 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands, and other liabilities, whether foreseeable or not.
- 1.5 “Materials” means, collectively, all web pages, information and content on the Platform, including the information, images, links, sounds, graphics, video, software, applications, articles, reports, projections, analysis and other such content displayed or made available on the Platform and the functionalities or services provided on the Platform.
- 1.6 “Password” refers to the valid password that a Client who has an account with Cash-IN-Asia may use in conjunction with the Username to access the relevant Platform and/or Services.
- 1.8 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by Cash-IN-Asia which is presently located at the following URL: www.cashinasia.com; and (b) the mobile applications made available from time to time by Cash-IN-Asia, including the iOS and Android versions of “Cash-IN-Asia”.
- 1.10 “Product” means a business financing product offered by Cash-IN-Asia to and/or applied by you on behalf of your private limited company and/or limited liability partnership on the Platform.
- 1.11 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that:
- (a) contains any computer virus or other invasive or damaging code, program or macro;
- (b) infringes any third-party Intellectual Property or any other proprietary rights;
- (c) is defamatory, libellous, or threatening;
- (d) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful, or otherwise illegal under the applicable law (including without limitation the provisions of the Singapore Broadcasting Authority (Class Licence) Notification 1996); and/or
- (e) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
- 1.12 “Services” means services, information and functions made available by Cash-IN-Asia to you on the Platform.
- 1.15 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
- 1.16 “Username” refers to the unique login identification name, code or email address which identifies a Client who has an account with Cash-IN-Asia.
- General use of Services and/or access of Platform
(a) to access and/or use the Platform or the Services and to apply for and/or accept the Products only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services or the Products in good faith; and
(b) to ensure that any information or data you provide to the Platform in connection with the Services and/or the application of the Products is correct, current and complete and agree to take sole responsibility for such information and data.
We reserve the right to cancel or reject any use of the Services or offering the Products at our sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent and to recover any Losses incurred from you.
2.3 Restrictions: Use of the Services and application for the Products is limited to authorised Clients that are of legal age, who have the legal capacity, and have the requisite authority to enter into and form contracts on behalf of their business entities (being private limited company and/or limited liability partnership) under any applicable law. Clients who have breached or are in breach of the terms and conditions contained herein and Clients who have been permanently or temporarily suspended from use of any of the Services may not use the Services even if they satisfy the requirements of this Clause 2.3.
2.4 Restricted activities: You represent, agree and undertake NOT to:
(a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
(b) use the Platform, Services or apply for and/or accept the Products for illegal purposes;
(c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services;
(d) post, promote or transmit through the Platform or Services any Prohibited Materials;
(e) interfere with another Client’s utilization and enjoyment of the Platform or Services;
(f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Client’s computer or mobile device or the Platform or Services; and
(g) use the Platform or Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.5 Availability of Platform, Services and/or Products: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform, Services or any Product, including for system and/or server maintance, upgrading, or bug fixes. We may further deny or restrict access to the Platform to any particular person, block access from a particular Internet Protocol address to the Platform or suspend, cancel or delete your account, at any time, without ascribing any reasons whatsoever. We shall not be liable if any such upgrade, modification, suspension, removal, denial or restriction prevents you from accessing the Platform or any part of the Services or applying for any of the Products.
2.6 Right, but not obligation, to monitor content: We reserve the right, but shall not be obliged to:
(b) prevent or restrict access of any Client to the Platform and/or the Services;
(c) report any activity it suspects to be in violation of any applicable law, statute or regulation to the appropriate authorities, and to co-operate with such authorities; and/or
(d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
- Use of Services
3.2 Loan Calculator:
(a) The Loan Calculator (the “Tool”) is an indicative tool and is meant to provide information and estimates of a general nature based on information provided by you.
(b) We do not guarantee the accuracy, adequacy, reliability or completeness of any information or computation or recommendation provided by the Tool.
(c) We shall not be liable or responsible for any errors, inaccuracies or omissions or for any loss or damages suffered by any person in connection with the use of or reliance on the Tool.
(d) The Tool does not and is not intended to provide any investment, legal, tax or accounting advice.
(e) Results from the Tool is not an indication that the product and/or service will automatically be offered by us and we reserve the right to change information or features of the Product and/or service listed at any time without notice.
(f) The Tool is the property of Cash-IN-Asia and is protected by applicable intellectual property laws. No reproduction, sale, publication, modification, dissemination or commercial exploitation the Tool or information provided by the Tool is permitted.
3.3 Third Party Vendors:
(a) Cash-IN-Asia may collaborate with other third party vendors through co-branding, or strategic partnerships or joint promotions, allow the third party vendor to offer its products, services, or software (“Third Party Vendor”) to Cash-IN-Asia’s Clients, under a non-transferrable, non-exclusive, non-sublicenseable right to access and use the said products, services, software and/or platform (the “License”).
(b) By utilising the License, you hereby agree to the Third Party Vendor’s terms and conditions of the License and its use, which for the avoidance of doubt shall be an agreement entered into directly and only between the third Party Vendor and the Client. CA shall in no way be liable for any fees and associated taxes that may be imposed by the Third Vendor on the Client in connection with the access and use of these products, services, software and/or platform, which shall be the sole responsbility of the Client.
- Cash-IN-Asia accounts
4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data such as your email address. If you request to create an account with us, a Username and Password may either be:
(i) determined and issued to you by us; or
(ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorised or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorised use of the Username and/or Password or if your Personal Data requires updating.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be:
(a) access to the relevant Platform and/or use of the Services by you; or
(b) information, data, or communications posted, transmitted, and validly issued by you.
4.3 You agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorised by you or not) and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/ or access to the Platform and/or application for and acceptance of any Product referable to your Username and Password.
4.4 You understand that any quantum of monies reflected under your account that is indicated as available for drawdown shall mean the available credit to borrow and drawdown pursuant to applying for and accepting a Product and shall not constitute an “account”, “e-money” or “digital payment token” under the Payment Services Act 2019.
5.2 Other tracking technologies: In addition to cookies, we may use web beacons, pixel tags, and other tracking technologies on the website and/or mobile device application to help customize the Site and improve your experience. A “web beacon” or “pixel tag” is tiny object or image embedded in a web page or email. They are used to track the number of users who have visited particular pages and viewed emails, and acquire other statistical data. They collect only a limited set of data, such as a cookie number, time and date of page or email view, and a description of the page or email on which they reside. Web beacons and pixel tags cannot be declined. However, you can limit their use by controlling the cookies that interact with them.
5.4 Cookies that we may use may include:
(a) Strictly necessary cookies: these cookies are essential to enable you to use the website effectively such as using the Tool, applying for Products and/or using other Services, and therefore cannot be turned off. Without these cookies, the services available to you on our site cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
(b) Security cookies: security cookies help identify and prevent security risks. We use these cookies to authenticate users and protect user data from unauthorized parties.
(c) Site management cookies: used to maintain your identity or session on the website so that you are not logged off unexpectedly, and any information you enter is retained from page to page. These cookies cannot be turned off individually, but you can disable all cookies in your browser.
(d) Session cookies: these are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.
(e) Persistent cookies: cookie stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. We use persistent cookies for analytics and for personalisation cookies (see below).
(f) Personalization cookies: used to recognize repeat visitors to the website. We use these cookies to record your browsing history, the pages you have visited, and your settings and preferences each time you visit the website.
(g) Performance cookies: these cookies enable us to monitor and improve the performance of our website. For example they allow us to count visits, identify traffic sources and see which parts of the site are most popular. We also use Google analytics for this purpose and all information these cookies collect is aggregated and therefore remains anonymous. These cookies do not collect information that identifies a visitor, as all information these cookies collect is anonymous and is only used to improve how our site works.
(h) Analytics cookies: these cookies monitor how users reached the website, and how they interact with and move around once on the website. These cookies let us know what features on the website are working the best and what features on the website can be improved.
5.5. How to reject cookies: If you don’t wish to receive cookies that are not strictly necessary to perform basic features of our site you may choose to opt out of them by selecting the appropriate box on the top right hand side of this page. Note that most web browsers will accept cookies, but if you would rather that we did not collect data in this way you can choose to accept all or some or reject cookies in your browser’s privacy settings. Rejecting all cookies means that certain features cannot then be provided to you and accordingly you may not be able to take full advantage of all our website’s features. Each browser is different, so check the “Help” menu of your browser to learn how to change your cookie preferences.
- Intellectual property
6.1 Ownership: All rights, title and interest in the Intellectual Property in and to the Platform including the information as well as any software programs available on or through the Website & Platform and the Materials are owned by, licensed to or controlled by us, our affiliates, licensors, or our service providers. We reserve the right to enforce its Intellectual Property to the fullest extent of the law.
6.2 “AS IS” Basis: The use of the Platform, its Services and applying and accepting the Products is at your own risk. Any and all Services, Products, and Materials on this Website are provided on “AS IS” and “AS AVAILABLE” basis and we makes no warranty of any kind, express or implied, as to the accuracy or completeness of any such content, services, data or information.
6.3 Restricted Use: No part or parts of the Platform, or any Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print, or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials. Modification of any of the Contents or use of the Contents for any other purpose will be a violation of Cash-IN-Asia’s copyright and other intellectual property rights. Graphics and images on the Platform are protected by copyright and may not be reproduced or appropriated in any manner without the written permission of their respective copyright owners.
7.1 The Platform may contain third-party Materials, content, services, data or information and we do not endorse or accept any responsibility for the content of such third-party content, services, data or information. You are advised to conduct your own due diligence and if necessary, consult your own professional advisors.
7.3 Save as otherwise explicitly stated, all contents provided on this Website are not advertisements and does not constitute or form part of any offer or solicitation to issue, sell, subscribe or purchase any investment nor shall it or the fact of its distribution form the basis of or be relied on in connection with, any contract for the same. The contents on the Platform, including any data and/or commentary are strictly for information, illustration, reference or discussion purposes only and should not be construed as a recommendation to buy, sell or advice in relation to any investment product, legal or tax matters and do not purport to represent or warrant the outcome of any investment product, strategy program or product. Any research or analysis used to derive, or in relation to, the above information has been procured by us for our own use, without considering the investment objectives, financial situation or particular needs of any specific investor, including you, and may have been acted on for our own purpose. We do not warrant the accuracy, adequacy or completeness of the information herein and expressly disclaims liability for any errors or omissions. The information is given on a general basis without obligation and on the understanding that any person who may act upon or rely on it, does so entirely at his or her own risk. Past performance is not indicative of future performance. Any projections or other forward-looking statements regarding future events or performance of investments, products or markets are not necessarily indicative of, and may differ from, actual events or results. We reserve the right to make changes and corrections to the information, including any opinions or forecasts expressed herein at any time, without notice. No reliance may be placed for any purpose on the information and opinions contained on the Platform or their accuracy or completeness.
8.1 You represent and warrant that you understand the risks associated with using the Platform, the Services provided and the Products offered therein, and is in compliance with any applicable law in your respective jurisdiction. The Platform is not directed or intended for any person who is a citizen, or resident of or located in any jurisdiction where the use of the Platform, the Services provided therein or applying for the Products would be unlawful or contrary to applicable laws and regulation. You are solely responsible for verifying that the use of the Platform is permitted in the jurisdiction where you reside in and comply with all applicable laws, regulations, orders and court decisions. If unsure, please consult independent legal advice.
8.2 You agree not to take any action that might compromise the security of the Platform, render the Platform inaccessible to others or otherwise cause damage to the Platform or the content contained therein.
8.3 You represent and warrant that all the information or data you provide to the Platform
in connection with the Services and/or the application of the Products is correct, current and complete.
9.1 We and/or our related entities make no express or implied warranties, guarantees, representations or endorsements whatsoever with respect to the Platform and the Materials contained therein, the Services provided and the Products offered.
9.2 We and/or our related entities expressly disclaim all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Platform and the Materials contained therein, the Services provided and the Products offered.
9.3 We do not warrant that the Platform is free of errors or viruses, worms or “Trojan horses” or any other harmful, invasive or corrupted files on the internet, and is not liable for any damage you may suffer as a result of such destructive features. We also makes no warranty in respect of the security, reliability or continued and/or uninterrupted availability of the Platform, the Services provided and the Products offered functions or services on this Website and assumes no liability for any delay or inability for you to access the Platform or any part of the Services or applying for any of the Products.
9.4 We and/or our related entities do not make any express or implied warranties of any kind regarding the content, information and data contained in the Materials on the Platform therein, including, without limitation, any warranty of merchantability or fitness for a particular purpose or use; and shall not be liable for any errors, incompleteness, interruption or delay in action taken in reliance therefrom or for any damages resulting therefrom.
9.6 Materials on the Platform may include financial projections and forward looking statements. These forward-looking statements are based largely on the current expectations of the economy in general and are subject to a number of risks and uncertainties that may cause the results, level of activity, performance or achievement to be materially different from future results, level of activity, performance and achievement, expressed or implied, by such forward-looking statements.
9.7 Materials on this Website may also be based on, or derived from, information provided by industry sources or third parties. Neither us and/or our related entities, can guarantee the accuracy of such information; and has not independently verified such information.
9.8 The Services and Materials including any content, information and data made available on the Platform including facts, views, advice, analyses, opinions and recommendations of individuals and organisations are for general reference and information purposes only. Any facts, views, advice, analyses, opinions and recommendations expressed or made available by any individual or organisation are those of the respective author(s). We and/or our related entities cannot and do not endorse, and cannot be responsible for such facts, views, advice, analyses, opinions and recommendations expressed, or advocate any commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion of a link to other web site(s) or resources imply any form of endorsement by the us and/or our related entities.
9.9 We are not an advisor to tax, financial, business, accounting or regulatory matters in any jurisdiction recommendation regarding the suitability or quality of any investments on the Platform. None of the advice, guidance, functions, Services or Products provided by us and/or on the Platform or the information provided in connection with any offering shall be deemed, construed or interpreted as such and must not be relied upon as such.
- Your Submissions and Information
10.1 Submissions by you: You grant us a non-exclusive licence to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove, or edit your Submissions.
10.2 Consent to Receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 10.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Singapore or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
12.1 Notices from us: All notices or other communications given to you if:
(a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or
(b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
12.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
12.3 Other Modes: Notwithstanding Clauses 12.1 and 12.2, we may from time to time designate other acceptable modes of providing notice (including but not limited to e-mail, SMS, or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
13.6 Except as provided for in Clause 13.5, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Rules for Arbitration of the Singapore International Arbitration Centre (SIAC). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the SIAC. The place of arbitration shall be Singapore. Any award by the arbitration tribunal shall be final and binding upon the parties.
13.7 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
13.8 Time-Bar: You agree that any cause of action arising out of or related to the website must commence within one (1) year after the cause of action accrues, thereafter such cause of action shall be permanently time-barred. This shall not be applicable to any recovery of debt owed by you to us in relation to any outstanding Product(s).
13.9 Correction of Errors: Any typographical, clerical, or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
13.12 Binding and Conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
13.13 Sub-contracting and Delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
13.16 Jurisdictional Issues: The Platform is available worldwide to anyone with Internet access. The Platform contains information on our Services and allows for application and/or acceptance of our products, which may not be available in every location. A reference to a Service on the Platform does not imply that such Service is or will be available in your location. The Materials on the Platform, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Each Service is void where prohibited by law. We makes no representation that the Platform, Materials, Services and Products are appropriate or available for use in your location. You shall access the Platform on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Last revised: 27 March 2020