Terms & Conditions



Terms of Use

By accessing and/or registering with this Website, you agree to be bound by the terms of use set out below (the “Terms” or “Terms of Use”) and the Privacy and Data Protection Policy comprised within these Terms (the “Privacy Policy”), as amended or supplemented from time to time. Any failure to comply with these Terms may constitute a violation of applicable securities law. The website www.youbackit.com, is a platform to bring together real estate enthusiasts (the “Website” or the “Platform”). The Website is provided by Fair Capital Venture Pte Ltd (Company Registration Number: 201605293D), a company registered in Singapore and having its registered address at 18 Boon Lay Way #09-152 Tradehub 21 Singapore 609966 (hereinafter referred to as “Fair Capital Venture”). The Website does not sell or market properties but allow the Opportunity Providers (as defined below) to e-list available real estate opportunities for interested Investors (as defined below) to view. Any collaboration in relation to investments is directly between the Opportunity Providers and the Investors. Fair Capital Venture is only authorised by Opportunity Providers to convey information (as provided by the Opportunity Providers to Fair Capital Venture) to Investors. Fair Capital Venture does not act on behalf of or as agent for either the Opportunity Providers or the Investors. Fair Capital Venture does not hold any license of the Monetary Authority of Singapore.  

  1. THE SERVICE
    • Users of the Website may be either be:
      • Individuals or entities looking to invest (the “Investors”); or
      • Real estate developers, agents or owners seeking investments for real estate projects (the “Opportunity Providers”); or
      • Any other interested party.

(each a “User” and collectively, the “Users”)

    • The Opportunity Providers may, by use of and in accordance with the prerequisites set forth on the Website, submit their Projects (as defined below) to Fair Capital Venture, who shall decide in its absolute discretion which Projects may be e-listed on the Website for the Investors to view. Any such e-listing shall be made in accordance with these Terms.
    • The Opportunity Providers may e-list all types of Projects on the Website including but not limited to:
      • bulk purchase, where Investors invest in multiple real estate units (“Bulk Purchase”);
      • crowdfunding (“Crowdfunding”); and
      • pre-sales, where Investors invest in real estate units before the official launch of the development (“Pre-Sales”).

(each a “Project” and collectively, the “Projects”)

    • Any agreements in relation to the Projects are entered into directly between the Investors and the Opportunity Providers. All information displayed on the Website is provided by the Opportunity Providers.

 

  1. LIABILITY
    • Investors
      • The Investors should be aware that Fair Capital Venture does not invest in any Projects. Neither does Fair Capital Venture provide any advice on investments, Projects or the raising of funds.
      • The Investors are aware that investing in any Project may be connected with high risk and that all or parts of the investment may be lost. Investing in any Project is solely the decision of the Investors and any such investments may never be realised.
    • Opportunity Providers
      • The Opportunity Providers should be aware that Fair Capital Venture does not offer any advice on investments, the Projects or any raising of funds.
      • The Opportunity Providers are solely responsible for the use of the Website and for all information provided to the Investors and any other Users of the Website.
      • The Opportunity Providers who wish to e-list Projects should take note of the legal and regulatory environment as Fair Capital Venture does not provide any advice on investments, Projects or the raising of funds.
    • Fair Capital Venture
      • The Website has been prepared by Fair Capital Venture solely for informational use and may not be taken away, reproduced or redistributed to any other person. Information contained in the Website is intended solely for the Users’ personal reference and is strictly confidential.
      • The delivery of the Website does not constitute an offer or invitation to purchase or subscribe for any securities and no part of it shall form the basis of or be relied upon in connection with any contract, commitment or investment decision in relation thereto. In addition, the Website may not be used for the purpose of and does not constitute an offer or invitation to purchase or subscribe for any securities in any jurisdiction or under any circumstances in which such offer or invitation is unlawful or unauthorised or to any person to whom it is unlawful to make such offer or invitation.
      • The Website contains forward-looking statements that involve known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements to be materially different from any future results, performance or achievements expected, expressed or implied by these forward-looking statements.
      • Given the risks and uncertainties that may cause the actual future results, performance or achievements of the Projects to be materially different from that expected, expressed or implied by these forward-looking statements, undue reliance must not be placed on these statements. Fair Capital Venture does not represent or warrant that such actual future results, performance or achievements will be as discussed in this Website as such actual results may differ materially from those anticipated in these forward-looking statements as a result of the risks faced by the Projects. Fair Capital Venture disclaims any responsibility to update any of these forward-looking statements or publicly announce any revisions to these forward-looking statements to reflect future developments, events or circumstances.
      • The information contained in the Website has not been independently verified. No representation or warranty, expressed or implied, is made as to, and no reliance should be placed on the fairness, accuracy, completeness or correctness of, the information or opinions contained in the Website. It is not the intention to provide, and you may not rely on these materials as providing a complete or comprehensive analysis of the past, present or future results, performance or achievements of the Projects. The information and opinions contained in this Website are subject to change without notice.
      • Fair Capital Venture does not grant any representation or warranty, expressed or implied, as to the accessibility and quality of the Website. There are situations when the Website will not be accessible, including but not limited to maintenance and circumstances outside the control of Fair Capital Venture such as net access failure.
      • The delivery of the Website in certain jurisdictions may be restricted or prohibited by law in such jurisdictions; persons who access the Website or Users must familiarise themselves, and observe and comply, with any such prohibitions and/or restrictions.
      • All investments are made by agreement directly entered into between the Investors and the Opportunity Providers. All information regarding a Project displayed on the Website is provided by the Opportunity Providers. Fair Capital Venture does not at any time warrant the fulfilment of any undertaking and shall therefore not be held to be liable for the realisation (or lack thereof) of any investment in a Project.
      • To the fullest extent permitted by law, none of Fair Capital Venture nor any of our respective affiliates, advisors or representatives shall be liable (in negligence or otherwise) for any loss howsoever arising from any use of the Website. Users shall indemnify Fair Capital Venture in relation to any claims, costs (including reasonable legal costs) damages, expenses, liabilities and losses suffered or incurred by Fair Capital Venture in relation to any breach of these Terms by such Users.
      • Parties should seek professional advice if in doubt to ensure compliance with all applicable laws and regulations, which could vary depending on the specific features of the Project undertaken.

 

  1. INTELLECTUAL PROPERTY
    • The content available on the Website may be provided by third parties and Fair Capital Venture does not have control over such content. Fair Capital Venture shall not be held responsible for any such content provided by third parties which are published, featured, displayed or otherwise used or contained (“Use”) in the Website.
    • Users shall obtain and secure all necessary rights to use content relating to a Project on the Website, including granting Fair Capital Venture with a non-exclusive royalty-free licence to Use such content to enable Fair Capital Venture to roll out the interactive platform.

 

  1. CODE OF CONDUCT
    • Fair Capital Venture may, in its absolute discretion terminate or suspend any e-listing of a Project, subject to prior notice to the respective Opportunity Provider.
    • Fair Capital Venture may, in its absolute discretion immediately remove any content from the Website or Platform that it deems to be in breach of these Terms or is otherwise:
      • false, misleading, untruthful or inaccurate;
      • promotes or encourages illegal activity;
      • is racially or ethnically offensive or attacks sexual orientation or religion or is discriminating in any way;
      • constitutes defamation, contains pornography or is in any other way sexually explicit; or
      • is harmful, abusive, offensive or illegal or infringes the rights of Fair Capital Venture or the Users.
    • The Users shall not register for more than one account or register on behalf of an individual other than the User. You may register for an account on behalf of an entity, provided that the entity has provided such consent and authorisation to enable you to access the Platform.
      • Fair Capital Venture will not be liable for any loss or damage arising from any unauthorised use of the User’s account.
    • The Users shall not imitate, modify, copy, reverse engineer, disassemble, decompile, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell, in full or in part and in any way, the Website or the Platform or any information, software, products or services obtained from the Website or the Platform.
    • The Users shall be solely responsible for the content or information they publish, display, retain, enter into or on the Website or Platform, or transmit to other users of the Platform.
    • The Users undertake not to introduce into the Website or the Platform any code, content or other material which contains any virus, Trojan horse, worm, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
    • The Users undertake not to contact other Users directly or attempt to enter into any note transactions with other Users of the Platform other than through the Platform.
    • The content available on the Website may be provided by third parties and Fair Capital Venture does not have control over such content. Fair Capital Venture shall not be held responsible for any such content provided by third parties which are published, featured, displayed or otherwise used or contained in the Website.

 

  1. PRIVACY POLICY
    • The use of the Website entails various types of personal data being provided for various purposes. Under the Personal Data Protection Act (No. 26 of 2012) (the PDPA), “personal data” means data, whether true or not, about an individual who can be identified from that data; or from that data and other information to which the organisation has or is likely to have access. The PDPA governs and protects the collection, use, disclosure and care of personal data.
    • Unless expressly provided otherwise, capitalised terms used in this Privacy Policy shall bear the respective meanings ascribed to them in the Terms.
    • By accessing the Website and creating a user account with Fair Capital Venture, Users agree and consent to Fair Capital Venture as well as its successors and assigns collecting, using, disclosing and sharing amongst themselves personal data, and disclosing such personal data to the Opportunity Providers and relevant third party service providers in accordance with the Privacy Policy.
    • Collection of Personal Data
      • Users may browse the Website anonymously. However, Users will have to create a user account in order to list a Project, receive more information regarding a Project listed on the Website or to invest in a Project.
      • When creating a user account with Fair Capital Venture, Users consent to provide their personal data, including but not limited to:
        • Name;
        • Email address;
        • Mailing address; and
        • Phone number.
      • Users may, in the event that Fair Capital Venture chooses to make this option available, create a user account using social media credentials as provided for on the Website from time to time. In doing so, Users consent to Fair Capital Venture collecting personal data that may be available through such social media networks, including but not limited to Facebook.
      • Fair Capital Venture may store such personal data for the purposes provided for in paragraph 5.5.1. and if applicable, verify such credentials with the relevant social media network.
      • If Users provide Fair Capital Venture with any personal data relating to a third party, by submitting such information to Fair Capital Venture, Users represent to Fair Capital Venture that they have obtained the consent of the third party to provide Fair Capital Venture with such personal data for the purposes stated in paragraph 5.5.1..
      • Users shall ensure that all personal data submitted to Fair Capital Venture is complete and accurate. Any omission or failure to do so may prevent Fair Capital Venture from fulfilling the purposes stated in paragraph 5.5.1..
    • Use of Personal Information
      • Fair Capital Venture uses personal data for the following purposes:
        • to personalise User experience and respond to individual needs;
        • to improve and receive feedback on the Website;
        • to improve customer service and provide support services;
        • to process interest in a Project; and
        • to send periodic emails, including but not limited to Projects, news, updates and related information.
      • Disclosure
        • Fair Capital Venture may disclose personal data to the Opportunity Providers and other third party service providers in connection with the services provided by Fair Capital Venture on the Website, on condition that the disclosed personal data is kept confidential and not further disclosed.
        • Fair Capital Venture may disclose personal data for legal purposes (including but not limited to compliance, enforcement of legal rights and obligations and to obtain legal advice).
        • Fair Capital Venture may disclose personal data collected from Users to third parties for the purpose of electronic storage or the transmission of the data. However, such third party service providers may not disclose personal data obtained in the course of their engagement to any other parties.
      • Cookies
        • Cookies are small data files that a website or service provider transfers to computer hard drives through a web browser that enables the website or service provider’s systems to recognize the browser and record certain information.
        • Fair Capital Venture uses cookies on the Website to record Users’ usage patterns and trends and customize User experience. Fair Capital Venture may engage third party service providers to assist in such purposes. However, such third party service providers may not disclose personal data obtained in the course of their engagement to any other parties.
        • Users may disable the processing of cookies on their web browsers but this may prevent Users from maximising the services provided by Fair Capital Venture.
      • Third Party Websites
        • Fair Capital Venture shall not be responsible for the collection, use, disclosure and care of personal data by any third party websites linked to the Website.
      • Withdrawal of Consent
        • Users may contact Fair Capital Venture to withdraw their consent to the use of personal data by Fair Capital Venture, following which Fair Capital Venture shall cease to further collect, use and disclose personal data of that User.
        • Users should be aware that the withdrawal of consent may prevent them from utilising the services provided by Fair Capital Venture.
      • Changes to Privacy Policy
        • Upon any amendments to the Privacy Policy, Fair Capital Venture shall update the Website which shall be accordingly considered as notifying the Users.
      • Feedback
        • Users may contact Fair Capital Venture at if there are any questions or feedback regarding the Privacy Policy.

 

  1. GOVERNING LAW AND JURISDICTION
    • The Terms of Use shall be governed by and in accordance with the laws of Singapore. Any dispute arising out of or in connection with the Terms of Use shall be referred to and finally resolved by the Courts of Singapore and the Users hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of Singapore.

 

 

STANDARD TERMS AND CONDITIONS

  1. INTERPRETATION
    • In this note, unless the context otherwise requires, the following expressions shall have the meanings set out against them:
      • Due Date” means the date on which the Principal Backing Amount and Returns are due to the Backers, under this Note;
      • Issue Date” means the date on which the Note is issued by the Company to the Backers;
      • Note” means the Promissory Note and this set of Standard Terms and Conditions;
      • Payment Date” means such date on which the Returns becomes payable to the Backers under this Note;
      • Principal Backing Amount” means the principal amount contributed by the Backers for this Note;
      • Returns” shall have the meaning set out in Clause 2 of this Note;
      • Repayment Date” means such date on which the Principal Backing Amount becomes payable to the Backers under this Note, also being the end date of the Project;

 

  1. RETURNS
    • The Company shall pay Returns on the Principal Backing Amount at the rate or value specified in this Note.
    • Interest shall accrue daily and shall be payable in accordance with this Note.
    • The Company shall pay the Returns accrued, due and payable up to each Payment Date in accordance with this Note.
    • The mode of payment of the Returns shall be by way of cheque in the name of the Backer, which shall be posted to the address of the Backer, as furnished by the Backer to the Company’s representative, being the Project Manager.
    • In the event of any change in personal particulars, the Backer shall forthwith update his personal particulars, including but not limited to his name and address, with the Project Manager.
    • Cheques which remain unclaimed for a period of 6 years will be disposed of by the Project Manager.

 

  1. PRINCIPAL BACKING AMOUNT
    • The Backer agrees to back the Project for recurring periods, with each period lasting up to 12 months, up until the Repayment Date.
    • The Company shall issue the Backer a renewed Promissory Note for each recurring period, each lasting up to 12 months, up until the Repayment Date.
    • The Backer agrees that the Principal Backing Amount which becomes due on each Due Date, as set out in each Promissory Note, shall be used to re-back the Project for a recurring period, with each period lasting less than 12 months, up until the Repayment Date. 
    • With respect to Clause 3.3, the Backers are obliged to re-back the Project, and the Backers hereby authorise the Company to retain any funds due on any Due Date for the purpose of re-backing the Project. Otherwise, the Company can seek specific performance against the Backers to re-back the Project, up until the Repayment date. 
    • The mode of payment of the Principal Backing Amount shall be by way of cheque in the name of the Backer, which shall be posted to the address furnished by the Backer to the Project Manager.
    • In the event of any change in personal particulars, the Backer shall forthwith update his personal particulars, including but not limited to his name and address, with the Project Manager.
    • Cheques which remain unclaimed for a period of 6 years will be disposed of by the Project Manager.

   

  1. EVENT OF DEFAULT
    • In the event that the Company misses, fails to pay, or only partially pays the Principal Backing Amount and/or Returns, on such Payment Date(s) and/or the Repayment Date, as and when such amount is due and payable, the Company will be deemed to be in default of this Note.

 

  1. RECOURSE ON BEHALF OF BACKERS
    • The Backers hereby acknowledge and agree that Fair Capital Venture Pte Ltd has the right to seek recourse on behalf of the Backers, against the Company, or any person or entity related to the Company, for any breach, damage or liability, howsoever occasioned.
    • Where the Company is in default of this Note as per Clause 4, the Parties hereto agree that Fair Capital Venture Pte Ltd has the authority to act as follows:
      • To immediately contact the Company to remedy the default and make such payment within thirty (30) days of the date on which such payment is due and payable;
      • If the payment is not fully paid within thirty (30) days of the date on which such payment is due, to hire a third party professional debt collector to collect from the Company such unpaid amounts. For the avoidance of doubt, the Backers shall bear all costs and expenses incurred in relation to the services provided by the third party professional debt collectors; and
      • If the payment is still not recovered within ninety (90) days of the date on which such payment is due, subject to Clause 9, to act on behalf of the Backers to commence legal proceedings against the Company to recover such sums, provided that the Backers have entered into an agreement providing Fair Capital Venture Pte Ltd with a power of attorney in relation to the recovery of unpaid payments.

 

  1. INDEMNITIES, COSTS AND EXPENSES 
    • The Company and the Backers shall keep each other fully and effectively indemnified against all losses, costs, damages, claims, demands, actions, proceedings, liabilities and expenses whatsoever, that may incur in connection with or arising from any material breach of its representations, warranties, obligations, covenants and undertakings under this Note.
    • Each of the Company and Backers shall bear all their own costs and expenses in relation to the entering of this Note.

 

  1. ENFORCEABILITY
    • This Note shall be jointly and severally enforceable.

 

  1. GOVERNING LAW
    • This Note shall be governed by and construed in accordance with the laws of the Republic of Singapore.

 

  1. JURISDICTION
    • Any dispute arising out of or in connection with this Note shall be referred to and finally resolved by any competent Court which the Backers elect, and the Company hereby unconditionally and irrevocably submits to the exclusive jurisdiction of the Court elected by the Backers.