Terms & Conditions
1.1 Applicability. These general terms and conditions of use (“General Terms”) apply to:
(a) the use of this website and trial use of our Digital Staff (Collectively called “Our Website”), which is owned and/or operated by Functional AI Partners Pte Ltd (“FunAI”) ;
(b) any specific goods or services offered, supplied, produced, provided and/or delivered by FunAI (collectively, the “Services”), whether via Our Website or any other means that are owned and/or operated by the FunAI; and
In addition, the use of any of Our Website and/or Services may be governed by additional, specific terms and conditions (“Specific Terms”) which will impose additional terms and conditions specific to the relevant Site, Services and which will be deemed incorporated into these General Terms (collectively, the “Agreement”). In the event of any conflict or inconsistency between any of the provisions in these General Terms and any Specific Terms, the applicable Specific Terms shall prevail.
1.2 By accessing or using Our Website and/or Services, you agree to be bound by these General Terms and applicable Specific Terms, as well as any other policies, rules and regulations that may be imposed and/or required by FunAI from time to time.
1.3 Amendments. These General Terms and any Specific Terms may be amended by FunAI from time to time. Such amendments may be posted on Our Website or on any of the other sites operated by FunAI. You are responsible for being aware of such changes, and your continued use of Our Website and/or Services, s shall be deemed and construed as your conclusive and binding acceptance of the amended terms.
2.1 Paid content. Some of the products, services, and/or content made available on Our Website and/or Services, s (whether from FunAI or from a third party) will require a purchase before becoming available for use (“Paid Content”). Such Paid Content may be subject to individual terms and conditions in addition to the terms and conditions in the General Terms and any Specific Terms. By purchasing such Paid Content, you also agree that you will be bound by such individual terms and conditions and agree to pay for Paid Content through Our Website and/or Services.
2.2 Method of payment. Unless otherwise stated, payment may be made by Visa, Mastercard and/or any other methods which may be clearly advertised on Our Website and/or Services from time to time. You agree that FunAI may charge your charge card or other account(s) and/or payment methods for any content, products or services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with you.
2.3 Time of payment. You are liable to pay for Paid Content at such charges and at such times as stated in the terms and conditions accompanying such Paid Content, or such charges and times that FunAI may determine from time to time. Payment for all other Paid Content will be billed at the point of sale. All fees are due and payable as soon as the bill is issued and must be settled by the payment date stated on the bill. The total price on the bill will include the price of the good or service plus any applicable goods and services tax.
2.4 Disputes. In the absence of fraud or manifest error, and subject to this clause, FunAI may rely on each bill as conclusive evidence against you of the accuracy, completeness and truth of all matters stated in it. If you wish to reasonably dispute any amount in the bill, you may withhold payment for such disputed amounts if you inform us in writing prior to the payment date shown on the bill. Otherwise, you are liable to pay us all the charges stated in the bill. FunAI will investigate any such dispute and provide a written response to you within 30 days from the day FunAI is notified of such a dispute. If the dispute is resolved in FunAI’s favour, you must pay FunAI the disputed amount and all costs incurred in recovering the amount. FunAI may charge interest on the outstanding amount at 1.5% per month from the date the outstanding amount was due and payable and calculated daily or at such other rates as we may prescribe from time to time. Alternatively, FunAI may charge the standard late payment fee as we may prescribe from time to time. If FunAI agrees there is a mistake in the bill, FunAI will adjust the next bill accordingly. If you have already paid a bill and subsequently choose to contest it, any such dispute must be raised in writing to FunAI not later than 1 year from the date of that bill.
2.5 Your responsibilities. For the avoidance of doubt, you are responsible for:
(a) the timely payment of all fees, without any counterclaim, deduction, set off or withholding whatsoever;
(b) ensuring and confirming that the credit card (or other payment method) that is being used is yours, or that you have been specifically authorized by the owner of the credit card (or other payment method) to use it;
(c) providing FunAI with a valid charge card or payment account details for payment of all fees, keeping FunAI up to date on any changes. Any change in payment methods may temporarily disrupt your access to any Paid Contents you have purchased; and
(d) complying with any terms and conditions and charges imposed by third party service providers in connection with payment gateway services they provide to facilitate your online payments.
2.6 No refund. All sales and purchases of Paid Content are final and are, unless otherwise expressly stated in each product description, non-refundable.
2.8 Paid Content disclaimer. Whilst FunAI will try and ensure that all details (including but not limited to product description, stock availability and pricing) which appear on Our Website and/or Services are accurate, FunAI does not warrant the accuracy, completeness, reliability or currency of such details. Products sold and/or delivered may therefore differ from the product images presented on Our Website and/or Service. FunAI reserves the right to correct any errors, inaccuracies or omissions in information and to change or update such information at any time without prior notice and without incurring any liability to you, regardless of whether you made any order or purchase based on such errors, inaccuracies, or omissions.
2.9 Additional disclaimer for third party Paid Content. Where you purchase any Paid Content made available by third parties (whether such Paid Content is made available via advertisements displayed on Our Website and/or Services or via sections of Our Website and/or Services enabling the purchase of third party Paid Content), you expressly acknowledge and agree that Our Website and/or Services acts as a venue only. FunAI is not involved nor responsible for:
(a) the correctness, accurateness, or truthfulness of any information that is made available or posted on Our Website and/or Services.
(b) the posting, provision, delivery of such information from FunAI to you; or
(c) the provision of the third party Paid Content.
Any dispute relating to third party Paid Content must be brought to the third party and not to FunAI.
3.1 Territory. Certain Our Websites, Services may only be made available in Singapore. Otherwise, Our Website and/or Service may be accessed by you in any part of the world, provided that it is legal for you to do so in the territory that you are accessing Our Website and/or Service from. You undertake and warrant that you are legally entitled and able to use Our Website and/or Services.
3.2 Notwithstanding the foregoing, neither Our Website, nor any of the Services, are intended for persons resident in the European Union.
3.3 Eligibility of FunAI employees. Employees of FunAI and its affiliates, contractors, vendors, sponsors and advertisers, and each of their immediate family members and individuals living in the same households of each of these individuals, are eligible to use Our Website and/or Services. However, these individuals may not participate in any lucky draws and/or contests offered through Our Website and/or Services.
3.4 Age. Use of any Our Website and/or Services may be subject to specific age restrictions. Unless otherwise stated, if you are under the age of eighteen (18) years old, you must obtain the permission and consent of your parent or legal guardian and agree to these General Terms and any applicable Specific Terms to use Our Website and/or Services.
3.5 FunAI reserves the right, in its sole discretion, to determine whether any particular individual is eligible to use Our Website and/or Services and to accept and/or reject any services we provide.
4.1 Subject to these General Terms and any Specific Terms, FunAI grants you a non-exclusive, non-transferable, revocable right to use Our Website and/or Services for your personal and non-commercial use only.
4.2 Data in your trial use of our Digital Staff. FunAI shall have no liability for misinformation or ambiguity in our digital staff responses based on any information provided by you. FunAI does NOT warrant NOR guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
5.1 FunAI Content. All of the:
(a) content (including without limitation all text, photographs, graphics, video and audio content) located on Our Website and/or Services);
(b) compilation(s) (meaning the collection, arrangement and assembly) of all content on Our Website and/or Services; and
(c) software used on Our Website and/or Services;
is the property of FunAI, its related companies, its content suppliers and/or its software suppliers, and protected by Singapore and international intellectual property laws (including without limitation copyright and trademark laws).
5.2 All rights in and to the foregoing are reserved by FunAI, its content suppliers and/or its software suppliers, and save as expressly permitted herein, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, repost or in any way exploit any part of this Our Website and/or Services for any purpose.
5.3 Without limiting the foregoing provisions, you shall not make use of the content of Our Website and/or Services in any manner that constitutes an infringement of FunAI’s, its content suppliers’, and/or its software suppliers’, rights (including copyright).
5.4 User Submitted Content. FunAI may provide facilities on Our Website and/or Services to permit you to submit materials, information, articles, photographs, text, graphics, video and/or audio content (“Your Information”) to FunAI or to Our Website and/or Services directly. You are solely responsible for Your Information, and FunAI acts as a passive conduit for your online distribution and publication of Your Information. With respect to Your Information:
(a) Your Information (or any materials contained therein) shall not:
i. be false, fraudulent, inaccurate or misleading;
ii. infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
iii. violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
iv. be defamatory, libellous, offensive, unlawfully threatening or unlawfully harassing;
v. be obscene or contain child pornography or anything adult in nature or harmful to minors;
vi. contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
vii. create liability for FunAI or cause FunAI to lose (in whole or in part) the services of its ISPs or other suppliers.
(b) You may not submit any of Your Information if Your Information or the submission thereof could cause FunAI to violate any applicable law, statute, ordinance or regulation.
(c) You hereby grant the FunAI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to use and to exercise the copyright and publicity rights you have in Your Information, in any media now known or not currently known, with respect to Your Information.
(d) You shall not assume a false identity or the identity of some other member when using Our Website or transmit libellous, harassing, vulgar or otherwise objectionable messages through Our Website; or post materials subject to copyright or other intellectual property rights claimed by any third party; or use Our Website for any unlawful or illegal activities (including spamming the other users by sending unsolicited e-mails).
5.5 Feedback. Your Information may contain information that can, directly or indirectly, be used to improve the whole or part of any Our Website and/or Services (“Feedback”). Feedback may include suggestions, comments, ideas, or survey responses. FunAI shall be free to use, disclose, reproduce, or otherwise exploit all Feedback as it sees fit and without obligation or restriction of any kind to you. For the avoidance of doubt, you will not, through your provision of Feedback, acquire any rights or licenses in Our Website and/or Services.
5.6 Removal of Your Information. FunAI shall have the right, but not the obligation, to monitor the content on Our Website and/or Services, and shall have the right to remove or delete any material (including Your Information) that it, in its sole discretion, finds to be in violation of any applicable laws, codes, rules or regulations. FunAI shall have the right to remove any material (including Your information) submitted to or posted on Our Website and/or Services. Without limitation to the foregoing, FunAI shall have the right to remove any material (including Your Information) that it, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or inappropriate without having to assign any reason therefor.
5.7 Linked Content. Our Website and/or Services may provide you with opportunities to link to, or otherwise use, Our Websites and services offered through or by third-parties. Your use of these third-party services is subject to terms posted by the aforementioned third-parties. FunAI has no control over any third-party site or service and it is not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to you. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement of such third party site or service.
6.1 Without prejudice to any restrictions set out elsewhere in the General Terms or any Specific Terms, the following restrictions shall apply to your use of Our Website and/or Services. You MUST NOT, and you must not ATTEMPT to:
(a) display, print, save, cache, copy, reproduce, change, alter, modify, or create any derivative work of, any or any part of Our Website and/or Services;
(b) communicate, distribute or make available for download in any way (including, without limitation, from or through any computer or server or network) any or any part of Our Website and/or Services;
(c) offer, sub-sell, lend, rent, lease, sub-license, or otherwise grant to any third party any right in respect of, or exploit in any way for personal or other gain, any or any part of Our Website and/or Services;
(d) hack, bypass or gain unauthorised access into any part of Our Website and/or Services;
(e) deeplink from any other website to, or frame on any other website, any or any part of Our Website and/or Services;
(f) use any robot, spider, other automatic device, or manual process to monitor or copy any or any part of Our Website and/or Services;
(g) use any or any part of Our Website and/or Services for sending out unsolicited e-mails;
(h) assume a false identity or the identity of some other registered user to access or use any or any part of Our Website and/or Services; or
(i) use any or any part of Our Website and/or Services in any way that
i. will or could violate, or that will or could result in FunAI violating, any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising), or code of practice, direction, order, or guideline issued by any regulatory authority;
ii. cause any form of loss or damage to FunAI or any third party (including, without limitation, loss of reputation and goodwill);
iii. create any liability for FunAI; or
iv. cause FunAI to lose (in whole or in part) the services of any Internet or telecommunication service provider or any other supplier of products and/or services.
7.1 No warranty. Our Website and/or Services are provided on an “AS IS WHERE IS” basis. FunAI does NOT make any representation or warranty, express or implied (to the extent permitted by law):
(a) as to the use, security, accuracy, reliability, non-infringement, satisfactory quality or fitness for any particular purpose of Our Website and/or Services; and
(b) that the use of Our Website and/or Services will be uninterrupted and free of any viruses or bugs.
7.2 Advertising and related services. Where you subscribe for any services on Our Website and/or Services, that relates to any advertisement or other similar services, whether as a potential seller or a potential buyer, you hereby expressly acknowledge and agree that Our Website and/or Services acts as a venue only, and FunAI is NOT involved or responsible for the correctness, accurateness or truthfulness of any information that is posted by other users of Our Website and/or Services; or the posting, provision, delivery of such information to you.
7.3 Access. FunAI shall NOT be responsible for any connection or access to Our Website and/or Services by you. You are responsible for providing your own communications equipment and subscribing to a communications service provider to access Our Website and/or Services as well as any charges (such as Internet access charges) thereon.
7.4 Security. Certain data transmissions between your computer and Our Website and Services are conducted through secure servers and protected by Secure Socket Layer (SSL) technology. Certain services further require you to register, use passwords and/or digital signatures. While FunAI will use reasonable endeavours to provide reasonable precautions to protect any information or material that is confidential in nature, it does not guarantee that information transmitted through the internet is secure or that such transmissions will be free from delay, interruption, interception or error. Furthermore, although FunAI intends to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses” or other destructive materials to Our Website and/or Services, FunAI does not guarantee or warrant that any Our Website and/or Services or materials that may be downloaded from Our Website and/or Services do not contain such destructive features. FunAI shall NOT be liable for any damages or harm attributable to such features.
7.5 Third party conduct. You specifically acknowledge that FunAI is NOT liable for the defamatory, offensive, or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
7.6 LIMITATION OF LIABILITY. IN NO EVENT SHALL FUNAI, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES OF ALL OF THE FOREGOING, BE LIABLE TO YOU AND/OR TO ANY PARTY FOR ANY DAMAGES, EXPENSES, CLAIMS, COSTS OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA, (OTHER THAN FOR DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM YOUR USE OF OUR WEBSITE AND/OR SERVICES, CAUSED IN WHOLE BY FUNAI’S NEGLIGENCE) ARISING OUT OF ANY LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE), YOUR USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITE AND/OR SERVICES, PAID CONTENT, AND/OR THE CONTENT OF THE HYPERLINKS, INCLUDING BUT WITHOUT LIMITATIONS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES. ANY CLAIM AGAINST FUNAI, AFFILIATES, ASSOCIATES AND RELATED COMPANIES, INCLUDING THE EMPLOYEES FO ALL OF THE FOREGOING, SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF OUR WEBSITE AND/OR SERVICES.
9. SUSPENSION AND TERMINATION
9.1 FunAI may suspend and/or terminate your use of and/or access to all or part of any Our Website and/or Services, Paid Content with or without notice to you, if in its sole discretion it determines that:
(a) you have breached the terms of these General Terms or any Specific Terms, or violated or acted inconsistently with the letter or spirit of these General Terms or any Specific Terms;
(b) you have violated the rights of or any third party;
(c) it reasonably suspects that you are using and/or allowing Our Website and/or Services to be used for illegal, improper and/or fraudulent purposes. In such event, you will also be referred to the relevant authorities without notice, and FunAI will comply with the directions or guidelines issued by these authorities without further reference to you;
(d) you become or threaten to become a bankrupt under the laws of any jurisdiction applicable to you;
(e) you pass away; or
(f) for any other reason whatsoever.
9.2 FunAI may modify or discontinue Our Website and/or Services, with or without notice to you, and it will not be liable to you or any third party as a result of such modification or discontinuation.
10.1 You agree to defend and hold FunAI from and against all claims, losses, damages, costs and expenses, including legal fees on an indemnity basis, arising out of your use of Our Website and/or Services or any breach of this Agreement. In addition, FunAI may use whatever information that is available about you to stop any such breach or any unlawful or inappropriate use of Our Website and/or Services, including informing any third party FunAI deems appropriate of such breach or use and/or disclosing your personal information to such third party.
11.1 Severability. If any of these terms is held to be invalid or unenforceable, such term shall be struck out and the remaining terms shall be enforced. Any failure to act by FunAI with respect to any breach by you or others of any of the provisions of these General Terms of Service or any Specific Terms of Service does not waive its right to act with respect to subsequent or similar breaches.
11.2 Electronic transactions. You hereby acknowledge and agree:
(a) that all electronic communications made pursuant to the use of this Our Website, or any Service shall be given legal effect, validity and enforceability and shall have, between the parties thereto, comparable evidential value to that accorded to a signed written document;
(b) not to contest the legally binding nature, validity or enforceability of any transaction on Our Website, or any Service on the ground that it was entered into electronically;
(c) to expressly waive any and all rights it may have to assert any such claims and shall comply with all relevant laws concerning electronic communications; and
(d) any and all transactions, including but not limited to the passing of risk and/or title to any and all products and/or goods purchased and/or transacted on Our Website and/or any Service, shall be deemed and construed to be transacted, transferred and/or passed to you in the Republic of Singapore.
11.3 Governing laws and dispute resolution. These General Terms and Conditions and any Special Terms and Conditions shall be governed by the laws of the Republic of Singapore. Any dispute arising out of the use of Our Website or any Services shall be referred to arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference into these terms and conditions.
Our Terms and Conditions are first enacted on 15th March 2025