agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Site
and/or the Service, either as a registered user or a recipient of an e-mail or picture file from a registered user ("you" or "your" or the "User"), you
agree to the Agreement. You agree the Agreement is a binding contract between you and Trek Technology (S) Pte Ltd ("TREK"), the company that owns and
operates the Flucard Portal website (the "Site"). If you do not wish to be bound to these Terms, please immediately stop using the Site and the
. You agree that no contract or agreement is formed and you have no rights to the Service, unless and until TREK has agreed to provide you the Service,
with a written or email agreement. You agree that TREK may amend or modify the Agreement at any time, without prior notice. The changes become
effective immediately upon posting such amended or modified terms on the Site or if TREK otherwise notifies you of such amended or modified terms. You
agree that, if you use the Site and/or the Service after TREK so posts or provides such notice of such amendments or modifications, you have accepted
the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you may not use the Site or the Service.
Subject to the terms and conditions of the Agreement, agreement to the Agreement allows you to view the portions of the Site that are generally
available to the public and download such portions (but only as strictly necessary to aid in the viewing of the Site and only if all copyright and
other proprietary notices are duplicated) solely for the User's personal, non-commercial uses.
The Service. The Flucard Portal service is a multi-media file (including and not limited to picture, audio and video file) transfer and storage
service offered by TREK through the Site, the attributes and functionality of which varies depending on the level of service to which you may
subscribe, all as more specifically described in the Site (the "Service"). One level of the Service includes accounts for limited Service to registered
users, who are not charged fees for use of the Service (each a "Free User"). Other levels of the Service to registered users are obtained by payment of
fees (each a "Paid User"). Depending which level of Service you choose, you understand and agree that the Service may include advertisements of third
parties and from TREK. Subject to the other terms and conditions of the Agreement, agreement to the Agreement allows you utilize the Service in
accordance with the applicable level specified only for your lawful purposes and only as strictly necessary to utilize the Services. Additional terms
and restrictions applicable to use of content are specified in this Agreement. Except as specifically stated in this Agreement, no other right or
license is granted to you for the Site or the Service, and any other use is strictly prohibited.
Fees and Payment
. Paid Users shall be responsible for paying TREK the fees and other charges and expenses as described on the Site for the applicable Services. TREK
may modify such fees at its discretion, which shall take effect at the end of the current term of Service. Such fees and expenses are due and payable
prior to TREK performing the Service, but if TREK performs the Service prior to receiving payment or if your form of payment is not in good funds or is
reversed for whatever reason, your payment is due upon notice from TREK. All such payments shall be paid in full when due, without right of deduction
or set-off. You are solely responsible for the payment of any and all taxes resulting from the Service or the Agreement. In addition to any other
remedies available to TREK, you agree to pay a charge for any amounts that are more than thirty (30) days past due at the rate of the lesser of one and
one percent (1%) per month or the greatest rate allowed by law. When paying by credit or debit card, Paid User authorizes TREK to charge such card for
the full amount authorized, together with any other amounts due and owing to TREK as specified in the Agreement, or in the Site, and Paid User agrees
to pay such amounts in accordance with Paid User's agreement with the card issuer.
Your Obligations and Agreements
. As a condition for using the Site and/or the Service, you understand and agree:
(a) Account Information. You will provide current, accurate, and complete information when registering for the Service. You will promptly inform
TREK if any of your account information changes (such as a change of address, a change of email address, the closing of an email account, the
cancellation of a credit card, etc.), and if you do not inform TREK of the change, TREK has the right to take appropriate action to protect its
available on the Site.
(b) Use by Minors. The Service is not available to minors. By accepting these Terms, you agree that you are capable of entering into a binding
(c) Security. You must comply with and not attempt to disable or circumvent any security device or procedure associated with the Site or the
Service. You agree you are responsible for maintaining the confidentiality of the password you choose to use in conjunction with the Service. You may
not allow anyone else to use your account without prior, written approval of TREK. You agree that TREK will not be liable for any loss you may incur as
a result of someone else using your password, either with or without your knowledge. You agree not to impersonate anyone else, or falsely represent
your affiliation with any other person or entity.
(d) Unlawful Use. You will not use the Site or Service, in whole or in part, for any unlawful purpose. It is not the responsibility of TREK to
monitor your activities to insure compliance with any federal, state, or local laws or regulations, although TREK reserves the right to do so at its
(e) Content. You are solely responsible for all your activities when using the Service, including, without limitation, all content you transmit
through the Site or with the Service. TREK is not responsible for the content of other persons (including, without limitation, viruses or content
available through links). TREK does not have an obligation to monitor your activities, your content, or the content of other person, although TREK
reserves the right to do so in its sole discretion. TREK may take any action with respect to your activities, your content, or the content of any other
person as TREK deems necessary (including, without limitation, accessing, reading, preserving, disclosing, removing, or refusing to distribute the
same) in order to (1) satisfy any applicable law or governmental order, (2) enforce the Agreement or investigate any potential violation of the
Agreement, (3) detect, prevent, or otherwise address acts of fraud or security or technical issues, (4) protect the rights, property, or safety of TREK
or any person or preserve any of the foregoing from liability, or (6) exercise any other right or remedy available to TREK.
(f) Interference with Others. You will do nothing to impair the normal operation of the Site or Service, and you will do nothing to restrict or
inhibit any other person from using and enjoying the Site and Service. You will do nothing that will damage or disable the Site or Service. You will
not attempt to access unauthorized access to information or content belonging to any other party using the Site or Service.
(g) Prohibited Activities. You will not use the Service to send chain letters, unsolicited commercial email (also known as spam), junk email, or
other unsolicited messages; transfer any material that is protected by any patent, trademark, trade secret, copyright or other proprietary rights of
any party unless you have sole ownership over that material or have received all necessary consents to distribute that material; transmit files that
contain viruses, trojan horses, worms, corrupted files, or any other software, programs, or code that may damage the operation of another's computer or
the data or property of another (a "Virus"); or transmit any material that is harmful to minors. TREK may supplement this list of prohibited activities
from time to time, which will be effective upon notice to you and/or posting on the Site.
(h) Disclosure of Information. TREK, in its sole discretion, may disclose any information about you, your account, or your activities regarding
the Service that TREK deems necessary to satisfy any applicable law, regulation, legal process or governmental request or enforce the Agreement. The
Site and the Service is offered, stored, and processed in Singapore and/or any part of the world that TREK operates to provide the Service. By using
the Service, you consent to transfer of information outside of your country.
(i) Data Storage. When using the Service, regardless of any encryption used, or other precautions taken, you understand that TREK cannot
guarantee complete privacy with regard to the files you transmit over the Service. You agree that TREK has no responsibility or liability for the
deletion, corruption, or failure to store any data stored or transmitted by the Service. You understand that TREK does not back up the files on the
Site or through the Service, and you agree that you are responsible for keeping back-up copies of all files uploaded to the Service. Depending which
level of Service you choose, you understand and agree that the Service may remove some of your uploaded files to keep the total space utilized within
the allowed limit. The files to be removed are typically the oldest; however, you agree that TREK reserves the rights to change this policy and
technology from time to time.
5. Disclaimer of Warranties
. You expressly understand and agree that your use of the Site and/or the Service is at your sole risk. TREK and its suppliers provide the service "as
is" and without any warranty or condition of any kind, express, implied, statutory, or otherwise, including, but not limited to, the implied warranty
of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. TREK makes no warranty that the Site or the
Service will: meet your requirements or be uninterrupted, timely, properly stored or delivered, accurate, secure, error-free, or free of viruses or
other harmful components, and the quality of any products, services, information or other material purchased or obtained by you through the Service
will meet your expectations. any material transmitted or otherwise obtained through the use of the Service is done at your own discretion and risk and
you will be solely responsible for any damage to your computer system or loss of data that results from the transmission of any such material.
TREK has not reviewed all of the sites linked to the Site and is not responsible for the contents of any such linked site. The inclusion of any link
does not imply endorsement by TREK of the site. Use of any such linked web site is at the User's own risk.
7. Governing Law.
Any claim relating to TREK's web site shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions.
using the Flucard Portal, you consent to the data practices described in this Statement, as the same may be updated from time to time.
This Statement covers TREK's treatment of personally identified information that we collect when you are on the TREK website, and when you use our
services. This Statement also covers our treatment of any personally identified information that our business partners share with us.
This Statement does not apply to the practices of companies that TREK does not own or control, or to individuals that TREK does not employ or manage,
including operators of websites to which you may link from the TREK website. This Statement also does not apply to any offline collection of personally
identified information, or the treatment of the same when such information is collected outside of the TREK website.
What information do we gather?
The only individually identified information that we collect about you is that which you choose to share with us during registration, when using our
products and services, or when responding to offers from TREK or from our business partners.
We also collect information about aggregate site usage. Statistics that we gather about unique visits, referring URLs, repeat visits and page views are
all based on IP address, and are not associated with your personal information.
Why do we ask for personal information about you?
In order to use the TREK service, users must set up individual accounts. This requires the completion of a registration form. This information is used
to identify the specific individual utilizing the TREK service. Users may provide optional identifying information, demographic information, and unique
identifiers to enable us to provide a more personalized experience on the site.
We share aggregate information (information that is not specifically identified to you) with our partners and advertisers. We will not share your
personally identified information with any third party, unless we tell you otherwise when we collect the information, you have consented by "opting in"
to being contacted by TREK, its third party partners or advertisers, or we have informed you of a change to our Statement so that you can then choose
to opt out. We will give you a way to "opt out" of being contacted by TREK.
In short, the information you provide us can help us to understand how to make our website more convenient and useful to our audience. We also collect
information about aggregate website usage. Statistics that we gather about unique visits, repeat visits and page views are all based on IP address, not
on your individual activities.
The information we gather is supplemented with information provided by third party sources, and may be used to derive additional data to enhance our
databases. For example, zip code information you provide may be used to derive city and state information or may be used to add demographics data.
How do you update the information you provided during registration?
To update or correct the personally identified information that you shared with us during registration, sign into your member account on the website
using your member ID and password. Once signed in, click on the "Profile" link, and edit your member information and to confirm your changes.
Periodically, we will use your provided email address for the following:
To send you System Alert Messages to let you know about temporary or permanent changes to our Services including planned outages, new features
To communicate with you concerning your account for an informational, as opposed to promotional, purpose.
To send you informational and promotional materials that you elect ("opt-in") to receive.
Our email marketing is permission based. If you received a mailing from us, our records indicate that (a) you have expressly shared this address for
the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with
Unsubscribing - You can unsubscribe or change your subscription to our marketing emails at any time. Simply click the unsubscribe link that appears at
the bottom of your email to modify your subscriptions online.
We do not share personally identified information with anyone, unless we need to do so to provide services to you (e.g., sending credit card
information to a credit card processor), we tell you otherwise when we collect the information, you "opt in" to having your information shared with
third parties, or we have informed you of a change to this Statement so that you can then choose to opt out. Additionally, we may disclose personally
identified information with third parties if (1) we believe in good faith that such disclosure is necessary to comply with an applicable law, a valid
legal process, or to exercise our legal rights (including, without limitation, a violation of the TREK website Terms and Conditions of Use or other
agreement between TREK and you), or to defend against legal claims; (2) we have a good faith belief that access, preservation, or disclosure of such
information is reasonably necessary to protect the rights, property, or safety of us, our users, or the public, including disclosure of criminal
activity or the violation of the rights of others; or (3) if all or a portion of a business of TREK is transferred in connection with a sale, merger,
transfer, exchange, or other disposition (whether assets, stock, or otherwise).
Except as stated above, when we ask you for personally identified information, we will tell you if we intend to share it with others. We will provide
you with a way to tell us that you don't want us to share the information or if you don't want to receive promotional and/or marketing information
about products, services, and offerings from TREK and/or any third parties. We will also provide you with a way to update your personally identified
information that you share with us during registration. Once you have "opted in" and agreed that your information may be shared with third parties or
you have responded to an offer by any third party on the TREK websites, TREK can no longer update any of your personally identified information that
has been transferred to such third parties or opt you out of such third parties so that you no longer receive their promotional and/or marketing
let them know that you no longer want to receive promotional and/or marketing information about their products, services, or offerings. The privacy
policies and practices of these third parties may differ from this Statement. You may not opt-out of the uses stated above or our internal uses of your
personally identified information.
TREK may amend this Statement from time to time. If we make any substantial changes in the way we use your personal information we will notify you by
posting a prominent notice in this Statement or in other locations on our website or by sending you an email to inform you of an updated Statement, at
our choice. We encourage you to periodically review this Statement to stay informed about how we are protecting the personal information we collect.
Your continued use of the TREK website constitutes your agreement to this Statement and any changes to it.