TERMS OF SERVICE
Sky Asian Trade Co., LTD
Last updated: November 27, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE. THIS IS AN AGREEMENT BETWEEN YOU AND SKY ASIAN TRADE CO., LTD.

The www.fination.com website (the "Site") is comprised of various web pages operated by Sky Asian Trade Co., LTD ("Sky Trade"), and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms.
Eligibility to Use the Site
Sky Trade does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. To be eligible to use the Site, you must be at least 18 years old.

You shall be fully responsible for any declarations, clearances or contributions and any other liabilities, contributions, assessments or claims which may arise from or should be made in connection with the Terms.

You agree that you shall only use the Site for legal purposes and shall:
1. have full power and authority to enter this agreement;
2. be over the age of 18;
3. not engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by Sky Trade in its discretion;
4. not use the Site in any manner inconsistent with the Terms;
5. not act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Site or any operating system;
6. not infringe Sky Trade's intellectual property rights or those of any third party in relation to your use of the Site;
7. not use the Site in a way that could damage, disable, overburden, impair or compromise Sky Trade's systems or security or interfere with other users; and
8. not collect or harvest any information or data from the Site or Sky Trade's systems or attempt to decipher any transmissions to or from the servers running any site.
Privacy
Your use of the Site is subject to the Sky Trade Privacy Policy: . Please review the Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting the Site hosted by Sky Trade, or sending emails to Sky Trade constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites/Third Party Services
The Site may contain links to third party websites ("Linked Sites"). The Linked Sites are not under the control of Sky Trade and Sky Trade is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sky Trade is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sky Trade of the site or any association with its operators.

Certain services made available via the Site may be delivered by third party sites and organizations. By using any third-party product, service or functionality originating from the www.fination.com domain, you hereby acknowledge and consent that Sky Trade may share such information and data with any third party with whom Sky Trade has a contractual relationship to provide the requested product, service, or functionality on behalf of Site users and customers.

Sky Trade has no control over, or liability for, the delivery, quality, safety, legality, or any other aspect of any goods or services that you may purchase or sell to or from a third party (including other users of Sky Trade Services). If you believe a third party has behaved in fraudulent, misleading, or inappropriate manner, or if you cannot adequately resolve a dispute with a third party, you may notify Sky Trade Support at admin@fination.com so that we may consider what action to take, if any.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Sky Trade that you will not use the Site for any purpose that is unlawful or otherwise prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sky Trade or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Sky Trade content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Sky Trade and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Sky Trade or our licensors except as expressly authorized by these Terms.

For the purpose of the Terms, "Intellectual Property" means all rights (present and future) conferred by common law, equity or statute (and all moral rights) connected with business names, computer software, confidential information, copyright, designs, domain names, formulas, inventions, know-how, patents, trademarks, and other results of intellectual activity in the industrial, commercial, scientific, literary or artistic field, the benefit of any site to register such a right and the benefit of any renewal or extension of such a right.

You acknowledge that Sky Trade retains ownership of all Intellectual Property incorporated in the Site (including all improvements, enhancements, updates and corrections). You agree and accept that the Sky Trade and Fination name, trademarks, logo and design are owned absolutely by Sky Trade.

The Site may use software, proprietary systems and Intellectual Property owned by Sky Trade or for which Sky Trade has appropriate authority to use. You warrant that you shall not infringe on any third-party rights through the use of the Site.

You further warrant that by using the Site you will not:
  1. use any Intellectual Property of Sky Trade without express permission;
  2. copy any part of the Site for your own commercial purposes; or
  3. directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in any documentation associated with it.
International Users
The Site is controlled, operated and administered by Sky Trade from its offices within South Korea. If you access the Site from a location outside of South Korea, you are responsible for compliance with all local laws. You agree that you will not use the content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless Sky Trade, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, any user postings made by you, your violation of any of these Terms, or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Sky Trade reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Sky Trade in asserting any available defenses.

Without prejudice to any other provision in the Terms, you agree to fully indemnify Sky Trade for the full amount of all damages, expenses, losses, compensation, demands, actions, liabilities, fines, costs (including legal costs) and/or any other sum of whatever nature which, for any reason whatsoever, Sky Trade incurs or pays to any clients, employees, agents and/or representatives and/or any third party (including own legal costs) or authority (whether pursuant to any court order or by way of any settlement which Sky Trade, acting reasonably in all the circumstances including the costs, risks and time involved in fighting any claim, agrees to pay or otherwise), as a result directly or indirectly in whole or part of:

  1. any your claims relating to your use of the Site; and/or
  2. any breach of any nature whatsoever by you of your obligations expressed or implied under the Terms; and/or
  3. any your act(s) and/or default(s) and/or any person(s) provided or used (directly or indirectly) by you (including employees, agents, suppliers and sub-contractors); and/or
  4. any your access to the Site.

The indemnity in clause shall survive and remain in full force and effect after the termination (for whatever reason) or expiry of the Terms.

To the full extent permissible by applicable law, Sky Trade makes no, and hereby disclaims all, representations or warranties of any kind, expressed or implied, as to the availability, operation and use of the Site or the information, content, materials or services on or accessed via the Site, including but not limited to the warranty of merchantability, fitness for a particular purpose, title and non-infringement. Neither the Site, nor any information, content, materials, or services available via the Site, constitutes or is intended to constitute, or should be construed as, a solicitation or any offer to buy any asset, investment advice or a recommendation or promotion of any transaction or other financial product, investment manager, or trading or investment strategy. In addition, Sky Trade does not represent or warrant that the information accessible via the Site is accurate, complete, reliable or current and is not responsible for any errors or omissions therein or for any adverse consequences resulting from your reliance on any aspect of the Site. Further, Sky Trade makes no representations and warranties that the Site will be uninterrupted, secured, or free of errors or viruses, or other harmful components.

In no event shall Sky Trade or its affiliates, or the directors, officers, employees, agents or representatives be liable to you or any third party for damages of any kind arising out of the use of, access to, reliance on, inability to use or improper use of the Site, any information, content, materials or services available on the Site (including, but not limited to, any direct, indirect, special, punitive, incidental or consequential damages or damages for loss of profits, goodwill or revenue, business interruption, or loss of data), even if advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise.

Notwithstanding any other provision of the Terms, Sky Trade shall be entitled to take any action that Sky Trade considers necessary to ensure compliance with any applicable legislation and regulations. In the event of a conflict between any provision of the Terms and any relevant legislation and regulations, the relevant legislation and regulations shall prevail.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the South Korean Arbitration Act (the Arbitration Act), conducted by a single neutral arbitrator and administered by the , or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The parties agree that the South Korean Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

Class Action Waiver Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.

THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL'S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER.

Further, unless both you and Sky Trade agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SKY TRADE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SKY TRADE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SKY TRADE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKY TRADE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SKY TRADE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Sky Trade reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of South Korea, and you hereby consent to the exclusive jurisdiction and venue of courts in South Korea in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

The information to which this Site gives access does not constitute an offer or an invitation to purchase securities offered through the Sky Trade Services in any jurisdiction in which such offer or invitation is not authorized or to any person to whom it is unlawful to make such offer or invitation. Potential users of information obtained from issuers through the Sky Trade Services are requested to inform themselves about and to observe any such restrictions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sky Trade as a result of these Terms or use of the Site. Sky Trade's performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Sky Trade's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sky Trade with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Unless otherwise specified herein, these Terms and the Privacy Policy that you accept comprise the entire understanding and agreement between you and Sky Trade as to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and Sky Trade with respect to the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Changes to Terms
Sky Trade reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions. The revised version will be effective at the time we post it. Sky Trade encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Sky Trade welcomes your questions or comments regarding the Terms:
Email Address: admin@fination.com
Effective as of November 27, 2019

By accessing and using the Site you confirm that you have read, accepted and agreed to be bound by the terms of the Terms of Service, the Privacy Policy and all other instructions provided in relation to the Site and the services available through the Site. If there is any reason why you would not be able to enter a legally binding agreement for whatever reason, you shall not use the Site.
WARNING: DO NOT USE ANY SERVICE THAT ISN'T EXACTLY LOCATED AT THE DOMAIN
www.fination.com, as there may be fake websites pretending to be Sky Trade and/or Fination known as "phishing scams". Sky Trade is not responsible for funds or information that have been sent to these fake phishing sites. It is important that all users verify they are visiting the correct URL (www.fination.com) and search for the security certificate in the URL bar of their browser.

Users should not trust private messages, solicitations, or requests for funds from people claiming to be connected to Sky Trade unless you have verified that it is an official request from a company employee.

When in doubt, please contact us directly to verify any messaging. Stay diligent - and please report any phishing scams to our support team (admin@fination.com).