Last Updated: 20.01.2022
1.1. These terms and conditions (these “Terms”) are prepared by Fusang Corp (Registration No. LL11971), a company incorporated in Labuan, Malaysia (“FSC”, “we”, “us” or “our”), for the purpose of setting out the standard terms and conditions for users (“you” or “your”) who may participate in the:
- Share in Success Social Airdrop (the “Social Airdrop”); or
- Share in Success Referral Program (the “Referral Program”),
(the Social Airdrop and the Referral Program are collectively, the “Programs” and each a “Program”).
1.2. The specific terms and conditions in relation to the Programs are available at
- https://www.fusang.co/social-airdrop (“Specific Terms”)
- https://www.fusang.co/referral (“Specific Terms”)
You agree and understand that these Terms are incorporated into the Specific Terms by reference. In the event of any conflict and/or inconsistency between these Terms and the Specific Terms, the Specific Terms shall prevail.
1.3. By participating in any of the Programs, you represent and warrant that you are eligible to do so, and unconditionally agree that you have read, understood and accepted all these Terms as stated herein and the Specific Terms as stated in
Clause 1.2 above.
1.4. You also accept and agree that you are solely responsible for understanding and complying with all laws, rules, regulations and requirements of the jurisdiction in which you are subject to that may be applicable to your participation in any of the Programs.
1.5. We reserve all rights to restrict or prohibit any natural person, corporate or entity, partnerships of any type or form, trust or any entity, program or protocol that is partly or wholly based on or executing artificial intelligence or machine learning programs or protocols, from participating in any of the Programs.
1.6. Please read these Terms carefully before participating in any of the Programs because they may affect your legal rights and obligations. If you do not agree to these Terms in their entirety, you shall cease to participate in any of the Programs.
2.1. By participating in any of the Programs, you represent and warrant that:
- you are at least eighteen (18) years of age or older and that you have the legal capacity to enter into these Terms;
- you are not prohibited or restricted from registering for an account with us and/or participating in any of the Programs for any reason whatsoever;
- you have registered for an account with us and completed our Know-Your-Customer (KYC) verification process; and
- you have satisfied such other requirements as set out in the Specific Terms.
2.2. Please note that all FSC’s employees (or their Related Persons) are not allowed to participate in any of the Programs unless they have received a prior written approval from FSC.
2.3. For the purposes of Clause 2.2 above, “Related Persons” means, with respect to a natural person or individual or legal entity:
- any member of such individual’s Family (as defined in Clause 2.4 below);
- any employee, agent, contractor, representative (including his/her Family) of such individual or such individual’s Family; or
- any person that is directly or indirectly controlled by, acting in concert, colluding with, under the influence, control, direction and/or advice of such individual or one or more members of such individual’s Family.
2.4. For the purposes of Clause 2.3 above, “Family” of an individual includes:
- the individual;
- the individual’s spouse and former spouse (whether legally designated as spouse or otherwise);
- any other natural person who is related to the individual or the individual’s spouse within the second degree; and
- any other natural person who resides with such individual.
3. REWARDS FROM THE PROGRAMS
3.1. By participating in any of the Programs, you may be rewarded with complimentary FSC tokens (“Reward Tokens”).
3.2. FSC may, at its sole and absolute discretion, decide not to issue any Reward Tokens to you should FSC believes that you have violated any guidelines, rules and/or conditions as set out in these Terms and/or the Specific Terms or where you have conducted any fraudulent, immoral or unethical act in the course of participating in any of the Programs.
3.3. FSC is under no obligation whatsoever to issue any Reward Tokens to anyone who does not strictly follow these Terms and/or the Specific Terms which may be updated from time to time. By continuing to participate in any of the Programs after any update to these Terms and/or the Specific Terms, you are deemed to be bound by the updated Terms and/or Specific Terms.
3.4. Notwithstanding the foregoing provisions, you agree and acknowledge that FSC may, at its sole and absolute discretion, decide not to issue any Reward Tokens to you even if you have complied with all the requirements as set out in these Terms and/or the Specific Terms without giving you any reason whatsoever. In connection herewith, any and all decisions made by FSC shall be final, binding and conclusive on you.
3.5. FSC reserves the right to change, suspend or modify any aspect of any of the Programs or the Reward Tokens at its sole and absolute discretion without providing you with any prior written notice.
4. DISQUALIFICATION AND TERMINATION
4.1. FSC reserves the right, at any time, to:
- disqualify your participation in any of the Programs if we consider it necessary to do so for any reason whatsoever; or
- terminate the Programs for any reason whatsoever.
4.2. We will use our reasonable efforts to provide you with notice of any decision to disqualify your participation in any of the Programs or to terminate the Programs, unless we are prevented from doing so by any legal or regulatory process or requirement, or where doing so may compromise our security and/or risk management procedures. You accept and agree that we are under no obligation to disclose to you the fact of or reason for any decision to disqualify your participation in any of the Programs or to terminate the Programs and shall have no liability to you in connection with the disqualification of your participation in any of the Programs or termination of the Programs.
You are responsible for complying with all these Terms, the Specific Terms, applicable laws and regulations which may be applicable in relation to the Programs. If you have any doubts as to which laws and regulations which are applicable to you, you agree and acknowledge that you should seek independent legal advice.
7. INTELLECTUAL PROPERTY
7.1. All copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with our websites (collectively, “Intellectual Property”) are owned by us or, where applicable, third-party proprietors identified on our websites. No right or license is granted directly or indirectly to you to use or reproduce any Intellectual Property and you shall not claim any right, title or interest therein.
7.2. You agree to comply with all applicable laws, including but not limited to, copyright, trade secret and trademark laws, as well as other state, national and international laws and regulations which protect our Intellectual Property. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of our Intellectual Property. You also may not, without our prior written consent, mirror or frame any part of our Intellectual Property on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy any of our Intellectual Property, without our prior written consent.
8. DISCLAIMER OF WARRANTIES
9. LIMITATION OF LIABILITY
The Programs are offered on a strictly "as-is" and "where-is" basis and we expressly disclaim, and you waive, all warranties of any kind, whether express or implied. Without limiting the generality of the foregoing, the Programs are offered without any warranty as to merchantability or fitness for any particular purpose.
10. INDEMNITY AND DEFENCE
Under no circumstances shall we be liable for any direct, indirect, incidental, punitive, special, or consequential damages for any reason whatsoever related to these Terms, your participation in any of the Programs, your use or inability to use our website(s) or the materials and content of the website(s) or any other websites linked to such website(s) or your provision of any personally identifiable information to back-end service provider or any third party. This limitation applies regardless of whether the alleged liability is based on contract, tort, warranty, negligence, strict liability or any other basis, even if we have been advised of the possibility of such damages or such damages were reasonably foreseeable. Because certain jurisdictions do not permit the limitation or elimination of liability for consequential or incidental damages, our liability in such jurisdictions shall be limited to the greatest extent permitted by such laws. If any provision of this limitation of liability is found to be unenforceable, only such provision shall be removed, and the remainder shall be enforced to the greatest extent permitted by such laws.
10.1. With respect to FSC, as well as its affiliates (including their contractors, agents, employees, officers, directors and shareholders), you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under these Terms and/or any of the Programs, including, without limitation, infringement by you, or any of your representatives, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to any of the Programs.
10.2. When we may be involved in a suit involving a third party and which is relating to you in participating in any of the Programs, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this Clause 10. Your failure to provide such assurances may be considered by us to be a breach of this Clause 10 of these Terms by you. The terms of this Clause 10 will survive any termination or cancellation of these Terms.
12. FINAL AGREEMENT
No part of any of the Programs is directed to persons under the age of eighteen (18). If you are under eighteen (18) years of age, you shall cease to use, access or participate in any of the Programs at any time or in any manner.
13. NO AGENCY OR PARTNERSHIP
These Terms and the Specific Terms constitute the entire agreement and understanding between you and us with respect to their subject matter and supersede any and all prior discussions, agreements and understandings of any kind between you and us (including but not limited to any prior versions of these Terms and/or the Specific Terms).
Nothing contained in these Terms is intended to or shall operate to create a partnership, or to authorise any party to act as agent for the other party or to establish any other fiduciary relationship between the parties. No party has the power or the right to bind, commit or pledge
the credit of the other party.
The failure of us to require your performance of any provision hereof shall not affect our right to require such performance at any time thereafter nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
16. NO ASSIGNMENT
In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
17. FORCE MAJEURE
Except as otherwise set forth herein, your rights and obligations under these Terms or any of the Programs are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under any of the Programs, whether by attachment, levy, garnishment or otherwise, shall render your participation in any of the Programs void.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: pandemic, earthquake, flood, fire, storm, natural disaster, pandemic, act of God, war, terrorism, armed conflict, labour strike, lockout, boycott, supplier failures, shortages, breaches, or delays, or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over FSC, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority, or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this Clause 17 shall:
- have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof; and
- take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based,
provided further, that in the event a force majeure event described in this Clause 17 extends for a period in excess of thirty (30) days in the aggregate, FSC may immediately terminate any or all of the Programs.
The headings in these Terms are inserted as a matter of convenience only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect such clause.
19. GOVERNING LAWS
These Terms shall be governed by and construed in accordance with the laws of Labuan, Malaysia.
20. SUBMISSION TO ARBITRATION
20.1. Injunctive or interim relief
Nothing in this Clause 20 prevents a party seeking for an urgent injunctive or similar interim relief from a court of competent jurisdiction.
If either party gives the other party a written notice claiming that any dispute, disagreements or differences of any nature arising under any of the Programs (“Dispute”) has arisen and the parties are unable to resolve the Dispute within ten (10) business days of service of that notice, then the parties must:
- use their best endeavours to ensure that a meeting is held in an effort to resolve the Dispute; and
- make available a representative who has authority to settle the Dispute to attend that meeting.
20.3. Submission to arbitration
If the meeting referred to in Clause 20.2 either:
- takes place and the parties are unable to resolve the Dispute within ten (10) business days of the meeting taking place; or
- does not take place for any reason within twenty (20) business days of service of the notice referred to in Clause 20.2,
then any party to the Dispute is entitled to refer the Dispute to arbitration in accordance with the requirements and procedures set out in Clause 20.4 below.
- Subject to Clauses 20.1 to 20.3, any Dispute must be referred to and finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the HKIAC Administered Arbitration Rules (“Rules”), as in force when the notice of arbitration is submitted in accordance with those Rules, and as may be amended by the rest of this Clause 20.4. Capitalised terms used in this Clause 20.4 and which are not otherwise defined in these Terms shall have the meaning given to those terms in the Rules.
- The appointing authority shall be the HKIAC.
- The arbitration proceedings must be conducted in English.
- The arbitration must be conducted in Hong Kong.
- The arbitral tribunal is to be constituted by one arbitrator appointed by mutual decision of the parties. If the parties cannot agree upon arbitrator within ten (10) business days after the date the respondent receives the notice of arbitration, the arbitrator is to be appointed by the HKIAC.
- The arbitration award is final and binding on the parties and the parties agree to be bound and to act accordingly. Unless required by applicable laws or regulatory requirements or with the prior written consent of the parties, the content, existence and award of any arbitral proceedings must be kept confidential. The costs of the arbitration and reasonable legal fees will be payable by the parties as the arbitrator directs in the arbitration award.
- Unless the parties otherwise agree in writing or until the arbitral tribunal hands down an award, the parties are obliged to continue to fulfil their obligations under these Terms notwithstanding the commencement of an arbitration.
20.5. Enforcement of arbitration awards
Judgment upon any award rendered by the arbitral tribunal may be entered, and application for judicial confirmation or recognition or enforcement of the award may be made in any court of competent jurisdiction, and each of the parties irrevocably submits to the jurisdiction of such court for the purposes of enforcement of this Clause 20.5 or for confirmation or recognition or enforcement of any award rendered by the arbitral tribunal in accordance with the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
21. CHANGES TO THESE TERMS AND/OR THE SPECIFIC TERMS
21.1. We may, from time to time, modify, update or amend these Terms and/or the Specific Terms to reflect changes in law, our group of companies, our websites or advances in technology, without giving any notice to you. We will post the updated Terms on our website which shall be effective immediately upon being posted on our website.
21.2. Please take note to periodically review these Terms and carefully review any changes made to these Terms.
22. CONTACT US
If you have any questions about these Terms or the Program(s), please contact us at email@example.com