Terms and Conditions

EN Version 1- 14 Feb 2023

ONLINE FRIENDS OF MILLIONAIREASIA ONLY (F0Mo) PLATFORM

TERMS AND CONDITIONS

These terms and conditions (“Terms”) govern your access to and use of the [www.millionaireasia.com website as well as any other media form, media channel, mobile website, software, tools, features, or functionalities provided on or in connection with Millionaireasia Pte Ltd’s (“MA”) Platforms (collectively, the “Platform”). As a member, you shall be deemed to have read and accepted the Terms. The Terms may be amended by MA from time to time without prior notice. The amended Terms shall be effective as soon as it is published on MA’s website and/or the Platform. Please review these Terms periodically as your continued participation in the membership is deemed acceptance of any revised Terms in force at the time.

By using the Platform, you confirm that you are of legal age in your jurisdiction and in compliance with all applicable laws to use the Platform and enter into any transactions under the Platform.

1 Membership; License to Access and Use
1.1 The FoMo Platform is an exclusive online membership platform that serves members who wish to connect and grow mutually beneficial relationships.
1.2 You may apply for membership at www.millionaireasia.com/msma/fomo/personal-application (Personal) or www.millionaireasia.com/msma/fomo/corporate-application (Corporate). MA will, at its sole discretion, approve your membership class based on your eligibility. MA shall notify you once your membership application has been processed. MA shall be under no obligation to provide any reason(s) in respect of any of its decisions.
1.3 Membership classes and related membership fees, utility and benefits are set out in Annex A.
1.4 You are obliged to provide correct personal details when you apply for membership. Failure to do so may invalidate your membership and any subsequent transactions. You are also required to submit a photograph showing your front-facing visage for the purposes of your member profile. Your responsibility to provide accurate information is a continuing obligation and you must notify MA promptly if any information provided by you in connection with your membership changes.
1.5 Your membership is personal to you. You are responsible for ensuring that no third party (other than your authorised personal assistant, where applicable) uses your membership.
1.6 Access to and use of your personalised membership Platforms through MA’s platforms is through a combination of username and password. You are solely responsible for maintaining the confidentiality of your username and password and you agree to notify the MA immediately if you believe that there has been any breach of security, including the unauthorised use of your membership card, username and password.
1.7 You are hereby granted a limited, non-exclusive, non-sublicensable, revocable, personal license to access and use the Platform, subject to your compliance with these Terms. If you are prohibited under applicable law from using the Platform, you may not use it.
1.8 If you provide MA with any input and suggestions regarding problems with or proposed modifications or improvements to the Platform (“Feedback”), then you hereby grant MA an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and Platforms.
1.9 MA reserves the right to terminate your access to and use of the Platform, in whole or in part, at any time, with or without notice, at MA’s discretion for any or no reason. MA reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MA’s sole discretion.
1.10 In MA’s sole discretion and without limitation, MA reserves the right, but not the obligation, to: (a) monitor the Platform for violations of these Terms; (b) take appropriate legal action against anyone who violates the law or these Terms, including without limitation, reporting such member to law enforcement authorities; (c) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your use of the Platform; (d) without notice and liability to remove from the Platform or otherwise disable all files and content that interfere with the proper functioning of the Platform or otherwise is burdensome to the Platform; and (e) otherwise manage the Platform in a manner designed to protect all MA’s rights and property and to facilitate the proper functioning of the Platform.
1.11 By using the Platform, you represent and warrant that: (1) all registration and other information you submit will be true, accurate, current and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use this Platform; (5) you will not access the Platform through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Platform for any illegal or unauthorised purpose; and (7) your use of the Platform will not violate any applicable law or regulation.
1.12 If you provide any information that is untrue, inaccurate, not current or incomplete, MA has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

2 Privacy Policy
2.1 MA’s Privacy Policy applies to your use of the Platform and to any personal data we collect from you. Please review our Privacy Policy carefully. By using the Platform, you agree to be bound by MA’s Privacy Policy, which is incorporated into these Terms.
2.2 As the Platform is a networking platform, you consent to the disclosure of certain personal information on the Platform as part of your member’s profile. Before any personal information is displayed on your profile which will be available to other members, you will have the opportunity to consent or remove such personal information. You may withdraw your consent at any time by written notice to MA and/or the Platform and the Platform will remove such personal information from your profile within reasonable time.

3 Membership Fees and Payment
3.1 All members are required to pay a registration fee of $100, whether your membership is purchased by or transferred to you. This fee shall be refunded to you if your application is rejected. Registration fees are non-refundable in all other circumstances. The registration fee is currently waived till further notice.
3.2 Details on membership fees are in Annex A below. Additional fees may apply for members who are in the sales industry. If you are a holder of MA’s membership NFT, you will be entitled to discounts on services offered on the Platform.
3.3 Membership fees are due within ten (10) days upon acceptance of your membership application and annually thereafter (the “Renewal Date”), and full payment will be taken by MA annually in advance by direct debit or payment by a credit or debit card which you have authorised MA to deduct such payment from (“Payment Card”) in accordance with the relevant invoice. Membership fees will be pro-rated according to the proportion that such period bears to the full year in which the effectiveness or termination of your membership occurs.
3.4 Where you have provided MA with details of a Payment Card or have authorised a direct debit mandate, you hereby expressly authorise MA to deduct and collect renewal membership fees up to thirty (30) days prior to or on your Renewal Date. This arrangement will continue to be in effect until you notify MA in writing to terminate your payment method or membership. MA may contact you directly in order to renew your membership. Subject to Clause 3, there shall be no refund in respect of any unused period of your membership.
3.5 MA and its affiliated companies reserve the right to refuse to provide you with any services should any payment due under these Terms not be received.
3.6 MA may at your request purchase goods or services on your behalf. If MA acts as a credit agent in this regard, you hereby authorise MA to deduct the credit sum from your Payment Card immediately.
3.7 If you cancel or amend any services, you acknowledge that cancellation and/or amendment charges may be incurred and that MA shall be entitled to claim from you any such charges. You hereby authorise MA to debit your Payment Card in respect of any such charges.

4 Renewal Fee
To renew your annual membership, you are required to purchase at least S$500 worth of credits on the FoMo Platform before each Renewal Date. If you do not wish to renew your membership, you must notify MA at least thirty (30) days prior to your Renewal Date.

5 Membership Transfer
5.1 Members are allowed to transfer their membership via MA’s Platform only.
5.2 Transfer fees are payable for each transfer of membership and shall be an amount equivalent to 10% of the sales price of the membership between the selling and buying parties or S$50, whichever is higher.
5.3 Transfers are subject to MA’s approval process in accordance with these Terms.
5.4 Unused credits of the selling member are not transferable to the new member.

6 Cancellation
6.1 You have the right to cancel your membership until the end of fourteen (14) days after the day on which MA accepts your membership application (the “Cancellation Period”) by providing you with written notice. If you wish to cancel your membership, you shall inform MA of your decision in writing.
6.2 If you cancel your membership within the Cancellation Period, MA will refund your membership fees, less (a) deductions for any services rendered to you by MA up until you informed MA of your decision to cancel and (b) an administrative charge of S$[100].
6.3 MA reserves its right in its sole discretion to cancel or suspend your membership where it has reason to do so. If MA cancels your membership where it is reasonable to do so, MA shall refund the balance of the current annual membership fees on a pro rata basis in respect of the unexpired period to which the membership fee relates.

7 Membership and Platform Utility
7.1 All members will go through an identity verification process with MA before your profile may be displayed by MA on the Platform. All verified members’ profiles will be categorised and displayed on the Platform in order of various Platform features, including but not limited to features such as “likes” and “gifts”.
7.2 Members may interact with each other through the Platform’s messaging function. Members may also receive advertisement and other notices.
7.3 Members will be categorised under the following classes (see Annex A): Diamond, Titanium, Platinum, Gold and Standard.
7.4 Messaging: Diamond and Titanium members will be able to customise their chat request permissions. As a default rule, only members of a higher class may initiate conversations to another member of a lower class.
7.5 Profile and Privacy: Diamond, Titanium and Platinum members will have more anonymity and privacy options, including removing photo profiles.
7.6 Event hosting: Diamond and Titanium members may request the Platform to invite members to events for a minimum fee of S$2,000, or request the Platform to organise an event for a minimum fee of S$20,000 (exclusive of venue costs and other expenses).
7.7 Platform Credits:
(a) Members may purchase credits for use only on the Platform. The monetary value that you spend on any credits is pre-payment only for the goods and services provided by the Platform. No credit card, credit line, overdraft protection or deposit account is associated with the Platform. No interest, dividends or any other value will accrue or be paid or credited to you by the Platform. Your credits are not insured or guaranteed by any person or entity.
(b) Credits are non-refundable and may not be exchanged for cash unless required by law or permitted by these Terms. Credits are also non-transferable.
(c) Credits may be used for upgrading of membership (where applicable) or payment of renewal fees for membership.
(d) MA may process refunds on a case-by-case and exceptional basis only provided that your refund request is made personally to MA’s office, together with all relevant documentation as may be required by MA, including details as to your identity and purchase history. Any such refund will be made in the same mode of payment for the last purchase.
(e) Credits will expire two (2) years from the date of purchase. Notwithstanding Clause 7.7(d), expired credits are strictly non-refundable.
(f) MA reserves the right to reject any purchase of credits if in its sole and absolute discretion it determines that you have not satisfied all necessary requirements, including but not limited to the provision of supporting documents evidencing your identity.

8 Member Content on Platform
8.1 MA may permit members to submit, upload, publish, broadcast, or otherwise transmit content to the Platform, including messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“Member Content”). You retain any copyright and other proprietary rights that you may hold in the Member Content except those rights that you explicitly choose to waive.
8.2 By posting Member Content to or via the Platform, you grant MA a worldwide, non-exclusive, perpetual, irrevocable, sublicensable, royalty-free license to host, store, transfer, use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Platform for MA’s current and future business purposes, including to provide, promote, and improve the Platform. You also grant to other members of the Platform a non-exclusive license to access and use that Member Content as permitted by these Terms and functionality of the Platform.
8.3 You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Platform. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant MA the license described above, and that the content does not violate any laws.
8.4 MA is under no obligation to edit or control Member Content that you or other members post and will not be in any way responsible or liable for any Member Content. MA will not be liable for any errors, misrepresentations, or omissions in, of, and about, the content, nor for the availability of the content. MA will not be liable for any losses, injuries, or damages from the purchase, inability to purchase, display, or use of content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against MA with respect to Member Content. If notified by a member or content owner that Member Content allegedly does not conform to these Terms, MA may investigate the allegation and determine in our sole discretion whether to remove the Member Content, which MA reserves the right to do at any time and without notice. To avoid doubt, MA does not permit infringing activities on the Platform.

9 Member Conduct
You agree to use the Platform in compliance with these Terms and that you will not violate any law, contract, intellectual property or other third-party right. You are solely responsible for your conduct and activities in connection with the Platform. You also agree that you will not, whether directly or indirectly:

(a) use the Platform for any illegal and/or commercial purposes inconsistent with these Terms or in violation of any applicable law;
(b) violate, or permit others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

(c) reverse engineer, decompile, decode, dissemble, hack, port, or otherwise attempt to discover source code or bypass or circumvent measures intended to prevent or limit access to any Platform, area or code of the Platform;
(d) trick, defraud or mislead on or through the Platform, especially in any attempt to learn sensitive or confidential information such as access passwords;
(e) circumvent, disable or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Platform and/or the content contained therein;
(f) engage in any automated use of systems, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
(g) threaten, harass, demean, embarrass, bully or otherwise harm any other member of the Platform;
(h) attempt to impersonate another member or person or use the username of another member, access another member’s account without permission, or falsifying your age, date of birth or any other essential information as determined and required by MA for your use of the Platform;
(i) upload or transmit (or attempt to upload or to transmit) any spyware or passive collection mechanisms;
(j) engage in any act, practice or course of business that operates or would operate as a fraud or deceit upon MA or any other members;
(k) publish, post, distribute or disseminate any profane, obscene, pornographic, indecent or unlawful content, pictures, topic, name, material or information, or create or display anything on or through the Platform that promote suicide or self-harm, incites hate or violence against others, or dozes another individual;
(l) disparage, tarnish or otherwise harm, in MA’s opinion, any members of the Platform, MA and/or the Platform;
(m) use the Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully utilising and enjoying the Platform
(n) use the Platform for money laundering, terrorist financing, or other illicit finance; or
(o) attempt to do any of the acts described in this section 7 or assist or permit any person in engaging in any of the acts described in this section 7.

10 Electronic Communications, Transactions and Signatures
10.1 Using the Platform, sending us communications (including marketing and promotional materials) and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications MA provides to you electronically, via email and on the Platform, satisfy any legal requirement that such communication be in writing.
10.2 You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions, initiated or completed by MA or via the Platform.
10.3 You hereby waive any rights or requirements under any statues, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or to the granting of credits by any means other than electronic means.

11 Supply of Services
11.1 MA shall supply Services to the member during the membership in accordance with the member’s particular requests, provided always that MA shall not be required to provide or facilitate the provision of goods and/or Services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
11.2 MA shall use its reasonable endeavours to meet any performance dates specified, provided always that any such dates shall be estimates only and time shall not be of the essence for the performance of any Services.
11.3 MA shall have the right to make any changes to any Services which it considers in its sole discretion are necessary to comply with any applicable law or health and safety requirement, or which do not materially affect the nature or quality of the Services, and MA shall notify the member in any such event.
11.4 You acknowledge that MA reserves the right to accept commissions upon the supply of products and/or Services or performance of Services by it or any supplier.

12 Third-Party Website and Content
12.1 MA may provide tools through the Platform that enable you to export information, including Member Content (defined below), to third-party Platforms, including through features that allow you to link your Account with an account on the third-party Platform, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using any of these tools, you agree that MA may transfer that information to the applicable third-party Platform. Third-party Platforms are not under MA’s control, and, to the fullest extent permitted by law, MA is not responsible for any third-party Platform’s use of your exported information. The Platform may also contain links to third-party websites. Linked websites are not under MA’s control, and MA is not responsible for their content.
12.2 The Platform may contain third party links or functionality to access or use third-party websites and applications, or otherwise display, include or make available content, data, information, Platforms, applications or materials from third parties. You are subject to the terms and conditions that apply to such third-party Platforms and MA is not responsible or liable for any of such third-party Platforms. MA does not endorse or assume any responsibility for any products or Platforms offered by third parties.

13 Intellectual Property Rights
13.1 The Platform is owned and operated by MA. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, Platforms, and all other elements of the Platform (“Materials”) provided by MA are protected by intellectual property and other laws. All Materials included in the Platform are the property of MA or its third-party licensors. Except as expressly authorized by MA, you may not make use of the Materials. “MA” or “Millionaireasia” and its logos are trademarks of MA. All other trademarks appearing in the Platform are the property of their respective owners. MA reserves all rights to the Materials not granted expressly in these Terms.
13.2 All other third-party trademarks, registered trademarks and product names mentioned on the Platform are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, Platforms, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by MA.

14 Feedback and Suggestions
Complaints or violations of these Terms by any member should be reported to MA immediately. Any member with a suggestion or complaint concerning any other member or any aspect of the membership or Terms may direct his or her comments to MA in writing.

15 Limitation of Liability
15.1 To the fullest extent permitted by law, you agree that in no event will MA or its Platform providers be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the Platform, products or third-party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if MA or its Platform providers have been advised of the possibility of such damages; or (b) for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these Terms of the delivery, use, or performance of the Platform. Access to, and use of, the Platform, products or third-party sites, and products are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data resulting therefrom.
15.2 All information provided by or on behalf of MA is for information purposes only and should not be construed as professional, account or legal advice. You understand and agree that you should not take or refrain from taking any action in reliance on any information contained in these Terms or provided by or on behalf of MA.
15.3 This Clause 13 shall survive termination of these Terms.

16 Miscellaneous
16.1 MA reserves the right to interpret, apply and communicate these Terms as posted on its website and/or the Platform. All decisions made by MA shall be final and conclusive in each case.
16.2 These Terms and any policies or operating rules posted by MA in connection with the Platform constitute the entire agreement and understanding between you and MA. Any failure to exercise or enforce any right or provision of these Terms by MA shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. MA may assign any or all of its rights and obligations to others at any time. MA shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond MA’s reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and MA as a result of these Terms or use of the Platform. You agree that these Terms will not be construed against MA by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

17 Disclaimer
The Platform is provided on an as-is and as-available basis. You agree that your use of the Platform will be at your sole risk. To the fullest extent permitted by law, MA disclaims all warranties, express or implied, in connection with the Platform and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MA makes no warranties or representations about the accuracy or completeness of the Platform’s content or the content of any websites linked to the Platform and MA will assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Platform, (c) any unauthorised access to or use of MA’s secure servers and/or any and all personal information and/or financial information stored therein, (d) any interruption or cessation of transmission to or from the Platform, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Platform by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Platform. MA does not warrant, endorse, guarantee or assume responsibility for any product or Platform advertised or offered by a third party through the Platform, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and MA will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or Platforms. As with the purchase of a product of Platform through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

18 Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any unresolved dispute arising under, out of, or in connection with these Terms, including any questions 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. Notwithstanding anything in these Terms, in the event of any dispute no party shall proceed to any dispute resolution unless the parties have made reasonable efforts to resolve the same through mediation in accordance with the mediation rules of the Singapore Mediation Centre for the time being in force.

19 Contact Us
In order to resolve a complaint regarding the Platform or to receive further information regarding the use of the Platform, please contact us at fomo@millionaireasia.com.

Any translation from English to any other languages is purely for reference only. If there is any dispute as to the interpretation of any term or clause in any document, the English version shall govern.

Annex A

Individual Membership

[1] MA will verify your profile status in accordance with its internal procedures.

[2] To upgrade your membership, you need to purchase the NFT for Diamond, Titanium & Platinum

Corporate Membership