Terms And Conditions
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PART 1: Introduction
1. Introduction
1.1 These Terms and Conditions (including all agreements and policies referenced in these Terms and Conditions or otherwise applicable to the use of specific features of the DelytePay Wallet by Matchmove Pay Pte Ltd and related services which are required to be agreed to and accepted before the use of such specific features) set out in the general terms and conditions will apply to the Cards, and related services that we may agree to provide to you from time to time. 1.2 If you are under 18 years of age, you should seek parental consent and can use DelytePay Wallet, the Cards, and related services only in conjunction with and under the supervision or consent of a parent or guardian. By registering for and/or using DelytePay Wallet, the Cards, and related services in any way, you certify that you have understood these terms and that you are either at least 18 years old or have obtained parental consent for use of DelytePay Wallet, the Cards, and related services. 1.3 By completing the sign-up process, you are deemed to have expressly read, understood and accepted each and every term when you use DelytePay Wallet, the Cards, and related services. You agree to be bound by these Terms and Conditions and other specific rules and procedures as determined or as may be amended at our sole discretion. Where you are sending a money transfer to a Recipient who is not registered with us, you agree to accept the provisions of this Terms and Conditions not only for yourself but also on behalf of the Recipient.
2. Definitions
Definitions, Description, and Interpretation. Headings and sub-headings are inserted for convenience only and do not affect the construction or interpretation of these Terms and Conditions. Words denoting the singular shall (where appropriate) include the plural and vice versa, and words denoting a gender include every gender. The words “including” and “include” are not words of limitation. References to persons shall be construed to include bodies incorporated or unincorporated. In these Terms and Conditions, unless the context otherwise requires, the following definitions shall apply: “Cards” – including the virtual account and/or the physical and/or virtual card which is provided to you upon sign-up through DelytePay Wallet and completion of a Know-Your-Customer (KYC) process with us. The Cards are regarded as a stored value facility/debit under Country laws, and different types of payment products and services may be available to you from time to time. “Country”means the country or territory where you are residing and the Cards are opened. “Destination Country” means the country in which the Recipient receives money through the Service. “Electronic Instruction” means any instruction, notice, or other communication which may, from time to time be given through website, telephone, email, or SMS by you. We, however, reserve the right to require the instruction and supporting document/s, before we may decide to act or not on the instruction, if we have reasonable grounds, therefore. “Fees and Charges” – refers to the Fees and Charges that applies to the Cards and DelytePay Wallet which is made available on www.delytepay.com “Issuer”– refers to Bank or non-Bank institution, including MatchMove who issues the Cards. “Network” – refers to any global card association that is VISA, MasterCard, RuPay, American Express, UnionPay, JCB or any global network that provides and manages BIN of your Cards. “Matchmove”– we, us, ourselves refers to MatchMove Pay Pte Ltd, together with its employees, directors, affiliates, successors, and assignees. MatchMove Pay Pte Ltd (CRN:200902936W) is a company duly established and operating under the laws of Singapore, has its registered office at 137 Telok Ayer Street, #03-03, Singapore 068602. It is Licensed, Authorised and Regulated by the Monetary Authority of Singapore (MAS) under the Money Changing and Remittance Act (Chapter 187) for the provision of remittance services with Registration/License number: 01331 issuing under Section 30 of the Money Changing and Remittance Act (Chapter 187). Please note that such licensing does NOT guarantee the performance of the remittance licensee and you take the risk of any loss suffered from the remittance. “Merchant”– refers to any Merchants, vendors, persons, corporations or entity honored to provide goods, products and services to you through Cards. You acknowledge that your purchases of those goods, products and services are transactions between you and Merchants and not with us, or other of our affiliates, unless expressly designated as such in the listing of the products or services on our website/electronic catalogue. You agree and confirm that we make no representations or warranties in respect of the products, goods, and services offered by Merchant, including, without limitation to, the quality, accuracy, adequacy, timeliness, fitness for any purpose or completeness of any of the products, goods or services. You are advised to refer carefully to Merchant’s terms and conditions, refund and return policy before making any purchase. “DelytePay Wallet” – refers to DelytePay Wallet application on mobile devices, our DelytePay Wallet websites or portals that you can access from mobile devices or computers. DelytePay is a mobile application-based money and card management owned by and offered to you by DelytePay. “Recipient” means someone who receives money through the Service. “Sender” means someone who uses the Service to send money. “Remittance Services” means the money remittance services known as the ” DelytePay Remittance Service” provided or facilitated by Matchmove from time to time through your DelytePay Wallet. “Transaction” means a specific instruction to send money through DelytePay Wallet. Transactions are indicated as Pending, Completed, Failed or Cancelled. “Pending” indicates that a transaction is currently undergoing review by us and may not be completed or settled, at our sole discretion. “Pending” may also indicate that the transaction is awaiting account confirmation or settlement from a third party. “Completed” indicates that a transaction has cleared and the funds are available. If we determine that the transaction is related to a restricted or prohibited business or activity or that the transaction is the result of fraudulent activity, we may reverse or refund the transaction at any time. This refund shall be deposited into your DelytePay Wallet and Cards. “Cancelled” indicates that a transaction has been stopped or reversed. This could be due to inaccurate or incomplete information about your DelytePay Wallet and Cards, our inability to validate the legitimacy of a payment, or Merchant, or another proprietary reason. You may contact us for more information. Although payments are cancelled, the removal of an authorization on a return of funds to a user’s DelytePay Wallet, Cards and related services may not be immediate, and we cannot guarantee availability within a specific timeframe. “Failed” indicates that a transaction could not be processed due to inaccurate DelytePay Wallet, Cards and related services information, insufficient funds, or another transaction related reason. “Transaction limits” – we may, from time to time, impose transaction limits (such as minimum transaction amounts) in connection with the Cards, Remittance Services or vary the frequency or manner of use of related services. “Transfer Credit Service” allows you to request (“Transaction Request”), using the Transfer Credit function in your DelytePay Wallet and Cards (“Account”), that we carry out a transaction (“Transfer Credit Transaction”) to transfer an amount specified by you (“Transfer Amount”) from your DelytePay Wallet and Cards to your designated Recipient. “You” – yourself refers to the DelytePay Wallet and Cards users whether in their capacity as Senders, Recipients, or visitors to any of DelytePay’s website and/or its applications on mobile devices.
PART 2: DelytePay Wallet, Cards and related services
3. Applications and Activation
3.1 Only qualified user can use DelytePay Wallet, Cards and related services by completing sign-up process with us. You will not access, use, or attempt to use our Remittance Service as a Sender unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in the relevant jurisdiction; 3.2 You represent and warrant to us that you: - are of legal age of majority to contract (and in any event, no less than 18 years of age) and are legally capable and permitted to accede to these Terms and Conditions, or if you are under 18 years of age (but in any event, not less than 16 years of age), you have obtained the consent and permission of your parent or legal guardian for use of Cards, Remittance Services and related services in accordance with these Terms and Conditions. You shall not be eligible to access and use the DelytePay Wallet, the Cards, and related services (including to effect and obtain any such service) if you are less than 16 years of age; - are eligible to register and use Cards, Remittance Services and related services and have the right, power, and ability to enter into and perform under these Terms and Conditions; - provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes. Upon application, you must fill the account opening form all requested details that establish your identity. As such, necessary documents, hard or soft copies must be provided to us to facilitate the account opening procedure. If you are a business entity, an Authorized Personnel to Trade User must establish an Enterprise Account on your behalf. - update your personal information, including current email address; and will not impersonate any other person, operate under an alias or otherwise conceal your identity. We will use the information provided by you, as well as the information that we receive from the use of the Cards, DelytePay Wallet, Remittance Services, and related services, to facilitate your participation in DelytePay Wallet, Cards and related services and for other purposes consistent with our Privacy Policy. 3.3 It is paramount that all funds deposited by you from time to time, are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drugs trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc. When you place a Remittance Order source of funds and reasons of Remittance in the form of authentic documentation may be required. 3.4 We may, from time to time, at our sole discretion, require you to provide proof of identity (such as notarized copy of identity card or other means of identity verification as we deem required under the circumstances) and may at our sole discretion suspend an account until such proof has been provided to our satisfaction. 3.5 Necessary documentation to authenticate authorized personnel will be required from time to time and we reserved the right to seek further clarification and if such clarification cannot be obtained for any reason or whatsoever, we are entitled not to act on conflicting and incomplete instructions. 3.6 We reserve the right, but shall not be obliged to, monitor User Content. 3.7 You hereby grant us a non-exclusive, world-wide, royalty-free, perpetual, irrevocable, sub-licensable license to use, reproduce and exploit your User Content (without any duty to account to you for any such use) in any manner and for any purpose as we may require in our sole discretion, including for marketing and promotional purposes. 3.8 If you send us a suggestion, idea, or proposal (whether solicited or otherwise), (“Submission”), you agree that such Submission shall not be considered confidential or proprietary to you, and we shall be entitled to use the same in accordance with Clause 3.7, without any obligations to you contractual or otherwise, and shall not be liable for the use or disclosure thereof.
4. Use of the Cards, DelytePay Wallet and Related Services
4.1 Use of DelytePay Wallet, Cards and related services is subject to the Terms and Conditions provided herein as may be amended from time to time. You signify agreement with these Terms and Conditions and assume liability for any and all charges and fees incurred on Cards, DelytePay Wallet and related services, whether authorized or unauthorized. Cards is not a Credit Card; hence, usage shall be dependent on the funded balance linked to the Cards and DelytePay Wallet. 4.2 When you use the Cards, DelytePay Wallet and related services, you are authorizing us to act as your agent only with respect to holding, sending, or receiving the available balance. You agree to comply with all the guidelines, notices and instructions pertaining to the use of DelytePay Wallet, Cards and related services, as well as any amendments to the aforementioned, issued by us, from time to time. - We may, without prior reference to you, combine or consolidate any number of your DelytePay Wallet and Cards, your Cards in your country or overseas (whether held alone or jointly, or under any style, name or form including trade names of sole-proprietorships) and offset credit balances (whether matured or not) in these accounts against any liability. - You agree that where such combination, consolidation, and offset requires any conversion from one currency into another, we have the right to convert one currency into another in any manner we may determine and at our prevailing rate of exchange. You must indemnify us for any shortfall and be responsible for any losses and risks arising from the conversion. 4.3 Prohibitions - You agree not to use Cards for the purchase of items or goods for which their importation into your residence country is disallowed under applicable laws. - You confirm that you shall not use DelytePay Wallet, Cards and related services to conduct transactions in connection with any prohibited activities under applicable laws.c. We may limit the number of your purchases that may be approved in one day. If we detect any unusual or suspicious activity on the use of your Cards, we may require you to contact us or temporarily suspend your privileges until we can verify the activity. 4.4 You agree and undertake NOT to: - use any software or material that contains a virus or damaging component which may corrupt DelytePay Wallet, Cards and related services’ data or interfere with the operation of the Cards, DelytePay Wallet and related services; - transmit any materials or information through DelytePay Wallet, Cards and related services which are or may be offensive, indecent, defamatory or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses or damaging components which may detrimentally interfere with DelytePay Wallet, Cards and related services or the operation of DelytePay Wallet, Cards and related services; or use DelytePay Wallet, Cards and related services other than in conformance with the acceptable use policies of any connected computer networks and any applicable Internet standards.
5. Validity and Replacement
5.1 Unless terminated or cancelled earlier, Cards shall be valid for a period of time defined by us. Renewal or replacement of the Cards will be at our sole discretion. Your Cards shall be valid for the period (“Validity Period”) stated on the Cards and shall expire on the first day of the following month. You agree and understand that the Validity Period may not be extended. 5.2 Inactive Cards: where no access or payment transactions are made on Cards for a continuous period of time exceeding that of which is mentioned in the Fees and Charges section on www.delytepay.com, and there is valid balance in Cards, we may notify you by any notice methods mentioned herein and give you the option of maintaining your Cards operational. If you do not respond to the notice within the given time noticed by us, from time to time, a dormancy fee can be charged and deducted from the remaining stored value on Cards and thereafter for every month for which the Cards remains inactive. 5.3 If there is any unused balance in an inactive Cards when it expires, you shall no longer be entitled to use that unused balance and we may terminate this Cards and forfeit the unused balance, in accordance with applicable laws, and if permitted, to MatchMove.
6. Suspension, Cancellation, Termination, Non-renewal
Your DelytePay Wallet and Cards or any part thereof may be cancelled by us at any time without prior notice to you. After cancellation, DelytePay Wallet, Cards and related services or any part thereof may be reinstated in such manner and on these Terms and Conditions as we may, at our absolute discretion, determine. 6.1 Discretion. Without giving any reason or prior notice, and without prejudice to the other provisions in these Terms and Conditions, we have absolute discretion to: (a) refuse approval of any proposed transaction even if your DelytePay Wallet linked to the Cards has sufficient balance; (b) terminate or cancel your right to use your DelytePay Wallet and Cards; (c) increase or decrease the transaction limit; (d) refuse reissuance, renewal, or replacement of Cards; or (e) introduce, amend, vary, restrict, terminate, or suspend the benefits, related services, facilities, and privileges in respect of or in connection with your DelytePay Wallet and Cards. 6.2 Termination by Us Notwithstanding anything, we may close and revoke any one or all your DelytePay Wallet and Cards, with or without notice to you, if: - you do not follow our instructions in connection with your DelytePay Wallet and Cards or related services or you do not comply with any applicable law; - we believe you have (i) offered, promised or given any bribe; or (ii) agreed to receive or accepted any bribe; - in our opinion, any DelytePay Wallet, Cards and related services is not operated in a proper or regular manner; - in our opinion, a business relationship with you is no longer appropriate; - you threaten to breach or you have breached, any term in these Terms and Conditions , or any other agreement whether relating to the borrowing of funds or the granting of advances or credit or otherwise; - you have given us untrue, inaccurate, incomplete or misleading information; - you do not pay on time any amount due to us - you pass away or become incapacitated; - you become insolvent or bankrupt or subject to judicial proceedings; - your assets are in jeopardy or subject to enforcement of a judgment by any party; - any legal proceeding (civil or legal) or action (including garnishee order, writ of seizure and sale, injunction) is commenced or levied against you, or you have been convicted of a crime, or you or any security provider has acted inappropriately; - anything happens which, in our opinion, may have a material or adverse effect on your financial condition, assets or compliance with the terms of these Terms and Conditions ; - any other event of default occurs under any other agreements or arrangements between us; - any of the events or proceedings under this clause occurs in relation to any third party who has agreed to provide or is providing security; - it would constitute a breach of our agreement with any other party; - it is necessary for us to do so in order for us to meet any obligation, either in Singapore or elsewhere in the world, in connection with the prevention of fraud, money laundering, terrorist activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanctions; or - it is unlawful for us to continue to provide DelytePay Wallet, Cards and related services or any service or allow the use of the Card. 6.3 You may, at any time, suspend Cards in accordance with these Terms and Conditions. For cancellation, termination and reactivation of the Cards you should direct to our Customer Service for instruction. You acknowledge that such actions may be charged a fixed amount for such changes. 6.4 Upon cancellation or termination of your DelytePay Wallet and Cards or any part thereof: - all rights and benefits granted to you shall immediately be terminated and shall revert to us; - you cannot and must not use your DelytePay Wallet and Cards; - We may at our absolute discretion, decide not to act on any confirmation or request received by you after the effective date of termination; We may at our absolute discretion, decide not to act on any confirmation or request received by us between the date of notice given to you and the effective date of termination (if there is a lapse of time between the two dates).
7. Compromise of Cards
7.1 The security and proper care of your Cards, as well as the confidentiality of your Security Code shall be your sole responsibility. You accept that you must not give DelytePay Wallet, Cards and related services details to others or allow them to use it for charges, identification or any other purpose. If you do so, you will be liable for all charges made with the Cards as a result. 7.2 You shall be relieved from any financial exposure resulting from the fraudulent or unauthorized use of DelytePay Wallet, Cards and related services from the time the report of the compromise of your DelytePay Wallet and Cards is received by us from the concerned person. Prior to the receipt of such a report, you expressly agree to be held liable to us for any and all transactions, purchases, and charges made or incurred from the use of the compromised Cards. Should you fail to immediately report to us the compromise of your DelytePay Wallet and Cards upon discovery, our affiliated Merchants or we shall be rendered free and harmless from any and all liabilities arising out of DelytePay Wallet, Cards and related services’ compromise. 7.3 You will be required to provide your name, address, Cards number, identification documents and other details for identification purposes. You agree to provide us all information and assistance reasonably requested in order to make a timely and complete investigation of the compromise, and we reserve the right to investigate the compromise. If your Cards is lost or stolen, we may issue you a replacement DelytePay Wallet, Cards and related services with an value equal to the available balance on your Cards at the time you notified us of the compromise, at our sole discretion.
8. Load and Reload
8.1 Your Cards is a reloadable account where you have completed all registration requirements as may be determined by us, meaning Know-Your-Customer (KYC)-validated 8.2 Where Cards has been designated as a reloadable account, the maximum remaining balance on the Cards shall be up to a specific amount as set forth at our own discretion. You can spend up to a limited amount per day and per month as defined in the Fees and Charges section on www.delytepay.com. Each time you use your Cards, the amount of the transaction will be debited from your Cards’ available balance. You agree not to make a purchase or other transaction in excess of your Cards’ available balance. We have the right to reject all of your requests to make any purchase or any other transaction or if a Fee deducted from your available balance exceeds the available balance on your Cards.
9. Electronic Instructions and Your Responsibilities
9.1 Security Code a. Access to and use of password protected and/or secure areas or features of DelytePay Wallet, Cards and related services are restricted to authorised users only. i. You may not obtain or attempt to obtain unauthorised access to such parts of DelytePay Wallet, Cards and related services, or to any other protected information, through any means not intentionally made available by us for your specific use. ii. You will be required to select or designate a password, personal or log-on identification number and other code and/or adopt certain access or security procedures (such items to be referred to as “Security Code”) for use in connection with access to DelytePay Wallet, Cards and related services or use of the facilities provided through DelytePay Wallet, Cards and related services. You hereby agree to keep the Security Code confidential. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Security Code has been compromised or if there has been any unauthorised use of the Security Code. iii. You agree to be bound by any access or use of DelytePay Wallet, Cards and related services (whether such access or use are authorised by you or not) which are referable to your Security Code. You agree and acknowledge that any use of or access to DelytePay Wallet, Cards and related services referable to your Security Code and any Electronic Instructions shall be deemed to be, as the case may be: b. Use of or access to DelytePay Wallet, Cards and related services by you; or i. Electronic Instructions transmitted or validly issued by you. You agree and acknowledge that any use of or access to DelytePay Wallet, Cards and related services and any information or data referable to your Security Code shall deem to be (a) use or access of DelytePay Wallet, Cards and related services by you; or (b) information or data transmitted or validly issued by you, or both, and you agree to be bound by any access or use (whether such access or use is authorised by you or not) referable to your Security Code, and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. 9.2 We are under no obligation to investigate the authenticity or authority of persons effecting the Electronic Instructions or to verify the accuracy and completeness of the Electronic Instructions. Accordingly, we may treat the Electronic Instructions as your authentic and duly authorised instructions which are valid and binding by you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of the Electronic Instructions. 9.3 Any risk of misunderstanding, error, loss, damage or expense resulting from the use of DelytePay Wallet, Cards and related services are entirely at your own risk and we shall not be liable therefor. 9.4 All Electronic Instructions will be deemed to be irrevocable and unconditional upon transmission through DelytePay Wallet, Cards and related services and we shall be entitled (but not obliged) to effect, perform or process such Electronic Instruction(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances you may request to cancel or amend the Electronic Instructions, which we shall endeavour to give effect to on a commercially reasonable effort and basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any Electronic Instruction. 9.5 You acknowledge and agree that: a. We may at any time, at our sole discretion and without stating reasons, require that you identify yourself by alternative means; require any Electronic Instructions to be confirmed through alternative means (in writing given in person at a branch, by fax, and etc.); b. We may at any time decline to act on the Electronic Instructions without prior notice or any given reason, including: (without incurring any responsibility for loss, liability or expense arising out of so declining to act refrain from acting promptly upon any Electronic Instructions) (a) verify the authenticity thereof (b) decline to act on the Electronic Instructions where they are ambiguous, incomplete or inconsistent with your other Electronic Instructions or instructions, information and/or data (c) decline to act where any Electronic Instructions would cause you to exceed your applicable transaction limits; or (d) decline to act on the Electronic Instructions where we did not receive authorizations from other banks or financial institutions in the form required by use; and c. Electronic Instructions may not be processed immediately, around the clock or in a timely manner, and that we shall not be liable for any loss, damage or expense arising from any delay in processing or executing any Electronic Instructions. 9.6 Notwithstanding any provision to the contrary in these Terms and Conditions, you acknowledge and agree that in the event that we discover, or have been notified by the Service Providers, that the funds to be or which have been remitted under DelytePay Wallet, Cards and related services are to be or have been debited from any other internet banking account or card account you may have other than your internet banking account and/or your card account maintained with us, we may at any time, at its sole discretion and without stating reasons or notice, reverse any or all Electronic Instructions which you have transmitted or issued to, and which have been received by, us and/or impose an administration processing fee for such reversal and/or terminate this Terms and Conditions and your right to use DelytePay Wallet, Cards and related services. 9.7 You acknowledge and agree that funds to be, or which have been remitted under DelytePay Wallet, Cards and related services, shall be net of applicable duties, fees or charges imposed or levied by any local or overseas governmental agencies, financial institutions or other third parties in connection with effecting, processing and/or receiving the remittance, all of which shall be borne and paid by you (and may be deducted from any sums paid to or received by us in connection with DelytePay Wallet, Cards and related services). 9.8 You hereby agree to indemnify and render us, our directors, officers, employees, agents and assign free and harmless from and against any claim, cause of action, suit, liability, and loss or damage of whatever nature that may arise as a result of or in connection with the use of your DelytePay Wallet and Cards and the transactions made with it in the following instances: (a) Disruption, failure, or delay relating to or in connection with the use of your DelytePay Wallet and Cards due to circumstances beyond our control; fortuitous events such as, but not limited to, prolonged power outages, breakdown in computers and communication facilities, computer-related errors, system errors, system enhancements, system migration and integration, typhoons, floods, public disturbances and calamities, and other similar or related cases; (b) Fraudulent or unauthorized utilization of your DelytePay Wallet and Cards due to unauthorized disclosure, or breach of its security or confidentiality with or without your participation; or (c) Inaccurate, incomplete, or delayed information received by us due to disruption or failure of any communication facilities or electronic device used for your DelytePay Wallet and Cards.
10. Transaction History, Disputes and Erroneous Transactions
10.1 You may view the transaction history on your DelytePay Wallet app or access the Cards through website. You acknowledge and agree that we are not under any obligation whatsoever to issue a monthly statement to you detailing the transactions conducted by you through DelytePay Wallet and Cards system. 10.2 The details in the SMS/email confirmation message after every transaction and/or the entries in the Transaction History are presumed true and correct unless you notify us in writing of any disputes thereon within twenty-four (24) hours from the time of the transaction. If no dispute is reported within the mentioned period, all transactions, and the entries in the Transaction History, are considered conclusively true and correct. 10.3 Disputed transactions shall only be credited back to your Cards once the claim/dispute has been properly processed, investigated, and there has been a clear finding that you are entitled to the credit.
11. Refund
11.1 We shall not be obligated to process any refund of the available balance on the Cards before the expiry date of the card. We shall only be obligated to refund you the remaining balance of your Cards, if any, under the following conditions: a. A refund application form is duly completed and submitted to us in accordance with the refund policy; b. A refund-processing fee shall apply for each refund, and shall be deducted from the remaining balance stored on Cards. We shall only be obligated to process a refund if the remaining balance exceeds the refund-processing fee. If there is insufficient balance to cover the refund-processing fee, we shall notify you in writing of the unsuccessful refund; and c. Any refund shall be transferred to your registered bank account or any bank account notified to us by you. Upon any unsuccessful transfer, we shall be entitled to charge an additional transfer fee. 11.2 For Remittance Services, we will refund to you any benefit which we receive as a result of any breach of our agreement with you (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the Transaction Amount and the Remittance Service Fee). We do not, in any event, accept responsibility for: a. any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control; b. malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us; c. any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under our control; and d. errors on the website or with the Remittance Service caused by incomplete or incorrect information provided to us by you or a third party.
12. Fees, Charges and Tax
12.1 unsuccessful transfer, we shall be entitled to charge an additional transfer fee. 12.2 To be entitled to DelytePay Wallet and Cards privileges and benefits, including related services, you shall pay the fees we may require. We reserve the right to, and may at our sole discretion, charge and revise from time to time the privileges and benefits under DelytePay Wallet, Cards and related services, including related fees. We shall, in most cases, give reasonable notice to you of the rates and other relevant information on any fees before they become effective provided that the variation is within our control. We reserve the right to amend charges of fees/commission in lieu. The continued use of DelytePay Wallet, Cards and related services shall be taken as acceptance by you of the terms, benefits, and fees. 12.3 Fees for Remittance Services: In consideration of our agreement to provide the Remittance Services, you shall pay to us the fees set out in (i) the remittance estimate provided by us to you if and when you submit a request to us for such remittance estimate; and (ii) the applicable notification by email/SMS from us and/or DelytePay application or our DelytePay Wallet website. 12.4 All paid annual fees are non-refundable even if the privileges are suspended or terminated, or even if you cancel your DelytePay Wallet and Cards with us before its expiry date. 12.5 If a transaction is made in a foreign currency (not the national currency of the place where the Cards is issued), we shall convert the transaction amount into the local currency according to our usual practice. Unless a particular rate is required by applicable law, you authorize us to choose a conversion rate that is acceptable to us for that date. 12.6 Currently, the conversion rate we use for a transaction in a foreign currency is no greater than (a) the highest official conversion rate published by a government agency, or (b) the highest interbank conversion rate identified by us from customary banking sources on the conversion date or the prior business day. This conversion rate may differ from rates in effect on the day of your transactions. 12.7 Mode of Payment: All payments made hereunder shall be made in accordance with our instructions including instructions regarding the mode of payment and the currency of payment, and shall be made net of all bank charges (including any charges which may be levied by the receiving bank), which shall be borne by you. Unless otherwise stipulated by us, all payments hereunder to us shall be made in Singapore Dollars. 12.8 Taxes and charges: The Fees are exclusive of any or all taxes, duties and charges imposed or levied by the appropriate local or overseas governmental agencies, financial institutions or other third parties in connection with DelytePay Wallet, Cards and related services or otherwise pursuant to these Terms and Conditions (including any applicable sales, use, value-added, transaction, goods and services or other similar taxes goods and services tax), all of which shall be borne by you. In the event that any amounts payable by you to us under these Terms and Conditions are subject to any withholding tax, you shall deduct such withholding taxes from payments due to us and forward the balance to us. You shall provide the necessary supporting documentation to us of the payment of such withholding taxes to enable us to obtain the credit for such tax payment in its country of incorporation.
13. Your Information and Consent
13.1 We may be required by law to provide information about you and your Transactions to government or other competent authorities as described in our Privacy Policy. You acknowledge and consent to our doing this. 13.2 Singapore law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you. In addition to the information that you submit, our systems are programmed to gather certain anonymous data to help us understand how DelytePay Wallet, Cards and related services are being used and how we can improve it. This automatically gathered data includes your computer’s IP or “Internet Protocol” address, statistics about how visitors navigate through DelytePay Wallet, Cards and related services, and information provided through the use of “cookies”. 13.4 By accepting these Terms and Conditions, you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example, by asking you for additional information, requiring you to take steps to confirm ownership of your billing address or email address; or by verifying your information against third party databases; or through other sources. 13.5 Privacy Policy. You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data for communicating with you, and for statutory, accounting and archival purposes. You acknowledge that you have read and consented to our Privacy Policy. The Privacy Policy can be found by clicking here: Privacy Policy. 13.6 You agree that we may (a) record telephone conversations between you and us and (b) use such recordings, or electronic transcripts from such recordings, as evidence in any dispute or anticipated dispute. To ensure quality of customer service, you agree to allow us to monitor telephone calls between you and us from time to time. 13.7 Consent to disclosure and provision of information. Information relating to any access or use of DelytePay Wallet, Cards and related services or which have been collected from you may be shared by us with our service providers, agents or business partners and affiliates that we work with in connection with our business. Specifically, the information may be used for the following purposes and you consent to us and/or our personnel disclosing any information, whether in Singapore or otherwise: a. to any of our agents, subcontractors, partners or affiliates which have a legitimate business purpose for obtaining such information, including offering you products or services in connection with, or to facilitate the use of DelytePay Wallet, Cards and related services; b. to any of our agents, personnel, subcontractors or any other third party as we may consider necessary in order to give effect to any Electronic Instructions or transaction or to comply with any order or request of any court or governmental or regulatory authority in any jurisdiction; c. to any of the following where such disclosure is reasonably regarded by us to be necessary to complete any transaction or to carry out the Electronic Instructions: d. to any person using DelytePay Wallet, Cards and related services purporting to be you; and e. to any information gathering or processing organisation or department conducting survey(s) on our behalf; and f. to third parties for the purpose of statistical or trade analysis.
Part 3: Transfer Credit Service
14. For Senders:
14.1 To use the Transfer Credit Service, you will need to: a. have a valid and active DelytePay Wallet, Cards and related services; and b. have Verified Your Identity and approved by us as per our Know-Your-Customers policy (“KYC”). 14.2 If you wish to carry out a Transfer Credit Transaction, you must submit a Transaction Request to initiate such Transfer Credit Transaction. When submitting a Transaction Request, you shall provide such information as may be requested by us (including the Recipient’s contact details); and 14.3 You are responsible for ensuring, and you warrant, the truthfulness, accuracy, and completeness of all information provided in respect of such Transaction Request, including but not limited to the Recipient’s contact details. 14.4 Once a Transaction Request has been credited into the Recipient’s Account, you will not be able to withdraw, cancel or make any changes to such Transaction Request. 14.5 We shall be entitled, at our absolute discretion, to reject or refuse to accept or process or to cancel any Transaction Request or Transfer Credit Transaction and shall not be required to give any reason for the same. 14.6 Following the acceptance by us of a Transaction Request, the Recipient will, depending on the contact details provided by you, be notified by email, or through SMS, that you have transferred the credit to the Recipient’s Account. 14.7 The Transfer Amount that has been transferred by you (whether pursuant to a single or multiple Transaction Requests) is subject to a daily limit of SGD 1,000 (one thousand Singapore dollars) per transaction, and/or a monthly limit of SGD 3,000 (three thousand Singapore dollars) worth of total transactions. This limit is reset at midnight (Country time) daily. We may, in our absolute discretion, alter any limit or impose additional limits on the Transfer Amount(s) that may be transferred by you, whether on a per transaction basis or an aggregated basis, without prior notice to you. 14.8 In relation to each Transfer Credit Transaction: The notifications will be sent to you in connection with you successfully opting-in for the Transfer Credit Service either by SMS or and email. 14.9 You acknowledge and agree that you are responsible for providing the correct Recipient’s contact details to enable the Transfer Credit Transaction into the Recipient’s Account, and ensuring that the Recipient safe-keeps and maintains the confidentiality of his own Account. 14.10 You hereby instruct and authorise us to debit your DelytePay Wallet and Cards and transfer or procure the transfer of the Transfer Amount to the Recipient’s Account. 14.11 The Recipient must have a valid DelytePay Wallet, Cards and related services. The Recipient must request an OTP to enable the Transfer Credit Transaction to be credited into his Account, must comply with such instructions as may be prescribed by us and have the KYC process done in order for the Transfer Amount to be credited into his/her Account. 14.12 If the Transfer Credit Transaction is unsuccessful but the Transfer Amount has been debited from your DelytePay Wallet and Cards, we shall arrange for the Transfer Amount to be credited back to your DelytePay Wallet and Cards. 14.13 You acknowledge and agree that, for the purposes of the Transfer Credit Service, the Account will be accessing and using the information in your DelytePay Wallet and Cards, and you hereby consent to the Cards accessing and using such information for the provision of the Transfer Credit Service and authorise us to contact your designated Recipients using such information (including through private emails via your DelytePay Wallet and Cards) on your behalf. 14.14 We reserve the right to impose charges or to revise at any time such charges for the use of the Transfer Credit Service and/or the Account upon written notice to you. Such charges or revisions shall take effect from the date stated in the notice. Where you continue to use the Account or submit any Transaction Request after such notification, you shall be deemed to have agreed to and accepted such charges or revisions to such charges. 14.15 We expressly exclude any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of, the Transfer Credit Service or in relation to the processing of or any other matter relating to any Transaction Request or Transfer Credit Transaction. Without prejudice to the foregoing, the acceptance by us of your submission of a Transaction Request does not amount to a representation or warranty by us that it will, and does not impose any obligation on us to, process the Transfer Credit Transaction or transfer the Transfer Amount to the Recipient and we do not represent or warrant that: a. the Transfer Amount has been successfully transferred to the Recipient’s Account; or b. the Transfer Amount has not been credited, or has failed to be credited, to the Recipient’s Account within 7 days from the date of the Transaction Request. c. the Transfer Credit Service will meet your requirements; d. the Transfer Credit Service will always be available, accessible, function or inter-operate with any network infrastructure, system or such other services as Cards may offer from time to time; or e. your use of the Transfer Credit Service or Cards’ processing of any Transaction Request or Transfer Credit Transaction will be uninterrupted, timely, secure or free of any virus or error. 14.16 You acknowledge and agree that, to the extent permitted under applicable law, we shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with: a. the provision by us of or your use of the Transfer Credit Service and/or the Account; b. the processing of any Transaction Request or Transfer Credit Transaction; c. any Transfer Credit Transaction being unsuccessful or considered as unsuccessful or any Transfer Amount not having been transferred to the Recipient’s DelytePay Wallet, Cards and related services or transferred to a recipient other than the intended Recipient, whether or not arising from your negligence, misconduct or breach of any of these Terms and Conditions (including as a result of inaccurate information being provided by you); d. any failure, refusal, delay or error by any third party or third party system through whom or which any Transfer Credit Transaction is made; e. any unauthorised access of the Account; f. the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data: (A) relating to you and/or any Recipient; (B) transmitted through your use of the Transfer Credit Service and/or the Account; and/or (C) obtained through your use of the Transfer Credit Service and/or the Account; g. any event the occurrence of which we are not able to control or avoid by the use of reasonable diligence; and/or h. the suspension, termination or discontinuance of the Transfer Credit Service. 14.17 To the extent that any of the limitations set out above are not permitted by law, our liability to you arising from, or in respect of each Transfer Credit Transaction, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to our provision of the Transfer Credit Service and/or the Account and/or under or relating to these Terms shall not exceed the value of such Transfer Credit Transaction. 14.18 You represent and warrant that, in relation to each Transfer Credit Transaction, you have obtained the necessary consent of the relevant Recipient to disclose such Recipient’s personal data (including contact details) to us and for us to use and disclose such Recipient’s personal data (including contact details to contact the Recipient in the manner set out in paragraph 6) as required for the purposes of the Transfer Credit Service. 14.19 We shall be entitled to exercise any of its rights and remedies under these Terms and Conditions governing Online Transaction Services (including the right to withdraw, restrict, suspend, vary or modify Cards Transfer Credit Service (whether in whole or in part)).
15. For Recipients
15.1 You may only receive the Transfer Amount by submitting a request using: a. the unique URL which may be accessed via the email or SMS provided to you informing you of the Transfer Credit Transaction; or b. such other manner as may be prescribed by us in the email or SMS provided to you informing you of the Transfer Credit Transaction, and by complying with such instructions as may be set out therein. 15.2 In order to receive the Transfer Amount, you must: a. have a valid and active DelytePay Wallet, Cards and related services; and b. have Verified Your Identity and approved by us as per our Know-Your-Customers policy. 15.3 You are responsible for ensuring, and you warrant, the truthfulness, accuracy, and completeness of all information provided in your request to receive the Transfer Amount and/or when using the Transfer Credit Service, including but not limited to the details of your designated DelytePay Wallet, Cards and related services. In addition, you represent and warrant that you are the intended recipient of the Transfer Amount and that you are the legal and beneficial holder of the designated DelytePay Wallet, Cards and related services to which the Transfer Amount is to be credited. 15.4 We shall be entitled, at our absolute discretion, to reject or refuse to process any request to receive the Transfer Amount and shall not be required to give any reason for the same. 15.5 Following verification of OTP, we shall endeavor to credit the Transfer Amount to your DelytePay Wallet and Cards. 15.6 If the Transfer Credit Transaction cannot be or is not completed for any reason, we shall not be liable to you with respect to the incomplete Transfer Credit Transaction, including without limitation, your non-receipt of the Transfer Amount. 15.7 We expressly exclude any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of the Transfer Credit Service or in relation to the processing of or any other matter relating to a request to receive the Transfer Amount. Without prejudice to the foregoing, your possession or provision of the Security Code does not amount to a representation or warranty by us that it will, and does not impose any obligation on us to, credit the Transfer Amount to your DelytePay Wallet and Cards and we do not represent or warrant that: a. The One Time Password (“OTP”) sent to your mobile is invalid or has ceased to be valid; or b. any information provided by you is invalid or incorrect; c. the Transfer Credit Service will meet your requirements; d. the Transfer Credit Service will always be available, accessible, function or inter-operate with any network infrastructure, system or such other services as we may offer from time to time; or e. your use of the Transfer Credit Service or our processing of a request to receive the Transfer Amount will be uninterrupted, timely, secure or free of any error, including without limitation that you will receive the Transfer Amount or that you will receive the Transfer Amount in a timely manner. 15.8 You acknowledge and agree that, to the extent permitted under applicable law, we shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with: a. the provision by us of or your use of the Transfer Credit Service; b. the processing of a request to receive the Transfer Amount; c. any Transfer Credit Transaction being considered as incomplete or any Transfer Amount failing to be credited to your designated Cards Account or transferred to a recipient other than you, whether or not arising from: (A) your negligence, misconduct or breach of any of these Terms (including as a result of inaccurate information being provided by you); or (B) any failure, refusal, delay or error by any third party or third party system through whom or which the Transfer Credit Transaction is made; d. the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data relating to you, provided by you in the course of using the Transfer Credit Service; and/or obtained through your use of the Transfer Credit Service; e. any event the occurrence of which Cards is not able to control or avoid by the use of reasonable diligence; and/or f. the suspension, termination or discontinuance of the Transfer Credit Service. We shall not be liable and you agree to indemnify use and keep us indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by us in providing the Transfer Credit Service, whether or not arising from, or in connection with and including but not limited to the following: a. any improper or unauthorised use of the Transfer Credit Service by you; b. any act or omission by any relevant mobile or internet service provider; c. any delay or failure in any transmission, despatch or communication facilities; d. any access (or inability or delay in accessing) and/or use of the Transfer Credit Service; or e. any breach by you of any warranty under or provision of these Terms. 15.9 To the extent that any of the limitations set out above are not permitted by law, our liability to you arising from, or in respect of the Transfer Credit Transaction, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from, or in relation to, the Transfer Credit Service and/or under or relating to these Terms shall not exceed the value of the Transfer Credit Transaction.
Part 4: Remittance And Related Services
16. Remittance Services
16.1 The Remittance Services is subject to the Terms and Conditions provided herein as may be amended from time to time. You signify agreement with these Terms and Conditions and assume liability for any and all charges and fees incurred on the necessary Transactions/Remittances and related services, whether authorized or unauthorized. When you place a Remittance Transaction, the source of funds and reasons of Remittance in the form of authentic documentation are required. 16.2 We will facilitate conversions from one currency to another for the purpose of remittance. Cancellation will not be entertained once a Foreign Exchange agreement/contract, verbally or electronically has been entered. 16.3 Remittance Service and funds availability depends on certain factors including amount sent, destination country, currency availability, regulatory issues, consumer protection issues, identification requirements, delivery restrictions, Destination Country hours, and differences in time zones. 16.4 Where available and allowed by laws, we may allow you send money from or to a bank, a prepaid or credit card, an electronic wallet, a biller, or a similar account (collectively, “Accounts”). The bank or other provider of an Account (the “Account Provider”) may impose additional fees on an Account. The agreement with the Account Provider governs the use of an Account and provides the rights and liabilities of the holder of an Account. Unless required by applicable law, we accept no responsibility to you or any Account holder for any fees imposed by an Account provider. If the currency you select for a transaction is not the currency in which an Account is denominated, the Account provider may convert the funds at its own currency exchange rate or reject the transfer. We may use the Automated Clearing House (“ACH”) network, book transfer, electronic funds transfer, wire transfer or other methods to process transactions relating to an Account. We are not responsible for actions taken by the an Account Provider, such as improperly posting a transaction. 16.5 Recipient may be able to elect a payout method that differs from the payout method you specify; you authorize us to honor Recipient’s election of payout method. Recipients who choose to receive funds through a payout method other than crediting in the bank account or in a currency other than the one you selected may incur additional fees to access funds. Certain countries and/or jurisdictions may impose a tax, fee and/or tariff on your transaction and/ or Recipient’s receipt of, or access to, transferred funds. Transactions may be reported to applicable authorities. Messaging and notification services may incur additional fees. 16.6 In addition to the Remittance transfer fees applicable to the remittance transaction, a currency exchange rate will be applied. Singapore currency is converted to foreign currency at an exchange rate set by us unless the laws of the Destination Country do not permit us to set an exchange rate. Any difference between the rate given to you and the rate received by us will be kept by us (and our Agents in some cases) in addition to the transfer fees. Subject to applicable law, the actual or estimated currency exchange rate applicable to your transaction will be provided to you on the written disclosures provided to you by us in connection with your transaction. Payouts will generally be made in the national currency of the Destination Country (“Local Currency”). In some countries, you may designate a payout currency other than the Local Currency; however, the alternate currency you choose may not be available at all Destination Countries. We are not responsible for the currency exchange rate that will be applied if Recipient chooses to receive a currency other than the currency you selected. 16.7 We rely on information you provide and may rely solely on the Account numbers and identifying numbers that you provide for identifying an Account and/ or Account Provider, regardless of whether or not you also provide the name of the Account holder or the name of the Account Provider. Please review all transaction details for accuracy before completing your transaction. Make sure the account number, account provider details, and currency selected are correct before sending. If the account number or account provider details are incorrect, money may be debited or credited to the wrong account and may not be recovered. 16.8 Recipient’s agreement with the Account Provider governs Recipient’s rights, liabilities, and fees (including fees to transfer cash out of an Account), and the Account Provider may impose its own restrictions regarding funds availability, limits that may be transferred to or held in an Account, hours of operations, holidays or other limitations. In most cases, Recipient must be enrolled in the Account program to receive such a transfer. A Recipient who is not enrolled in the Account program may be able to receive funds at an Agent location and may be subject to additional requirements. We may make money from fees associated with the use of Accounts. 16.9 We will not be liable to you for any and all liabilities, losses and damages incurred by you arising from any loss or delay in the transmission or wrongful Interception of any order through an electronic system owned or administered by us. We reserve the right to terminate these Terms and Conditions without notice. You must indemnify us for any shortfall and be responsible for any losses and risks arising from designated conversions. 16.10 You may give us instructions verbally, electronically or in writing. The only persons authorised to give us instructions on your behalf are those notified in writing by yourself to us, an Authorized Personnel to Trade or by written notice to us. We shall not be bound by any such variation until we have received it and reserve the right to seek authentication of any Distribution before being bound by it where we deem it relevant. 16.11 You understand that late arrival of funds might result in next day delivery. Any failure to perform your instructions as a result of circumstances, which could reasonably be considered to be outside our control. 16.12 We have the right not to process any particular transaction. When agreeing to a Transaction, you are requesting that we process the Transaction on your behalf. We may, at our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that outcome and refund the monies paid to us. 16.13 We reserve the right to modify or discontinue the service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion, refuse any Transaction or limit the amount to be transferred, either on a per-transaction basis or on an aggregate basis, and either on individual accounts or on related accounts. 16.14 We may, at our sole discretion, refuse Transactions from certain Senders or to certain Recipients, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the Singapore Government. 16.15 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability. 16.16 We will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that we shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss, which may result from incorrect or incomplete information.
PART 5: General
17. Intellectual Property Rights
17.1 Licence. In consideration of your agreement to abide by these Terms and Conditions and to pay the Fees, we hereby grant you a personal, non-exclusive, non-transferable and revocable licence to access and use the DelytePay Wallet application, Cards our website and related services (including to download and use the Apps on a device that you own or control) subject to and in accordance with these Terms and Conditions. 17.2 The DelytePay application and DelytePay Wallet website, Cards and related services, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by affiliates, our third parties, or us. All rights, title and interest in, and to the DelytePay application, DelytePay Wallet websites, Cards and related services shall remain our property and/or the property of such other third parties. 17.3 The DelytePay application, DelytePay Wallet website, Cards and related services may be used only for the purposes permitted by these Terms and Conditions or described on our DelytePay Wallet website, DelytePay application. You are authorized solely to view and to retain a copy of the pages of the DelytePay Wallet website and DelytePay application for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the DelytePay Wallet website and DelytePay application, related service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the MatchMove DelytePay Wallet website and DelytePay application or the related services; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the DelytePay Wallet website and DelytePay application (or printed pages of the website). The name DelytePay and other names and indicia of ownership of our products and/or services referred to on the DelytePay Wallet website and DelytePay application are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners. 17.4 Cards, DelytePay Wallet and related services, including services and products are our sole properties and/or its licensors and are subject to our existing policies, rules, and regulations. DelytePay Wallet, Cards and related services are protected by copyright, trade secret and other intellectual property laws. We, and/or our licensors, own the title, copyright and other worldwide intellectual property rights in all services relating to Cards, DelytePay Wallet and related services. Using DelytePay Wallet, Cards and related services does not grant you any rights to our trademarks or service marks. 17.5 For the purpose of these Terms and Conditions, intellectual property rights shall mean all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals and extensions thereof, under the laws of Singapore and any country, territory or other jurisdiction. 17.6 You may choose to, or we may invite you to submit comments or ideas about Cards, DelytePay Wallet and related services, including but without limitation about how to improve any service or product. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and shall not place us under any fiduciary or other obligations, and that we shall be free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.
18. Notices
18.1 All notices and documents required to be given by us to you shall be sent by any one of following methods: a. ordinary or registered post to your last known address according to our record; b. electronic mail to your last known electronic mail address according to our record; c. posting notice or communication on the Cards website; d. notices placed with, or in, any of the Cards written communications to you; e. phone call to your last known phone number according to our records; f. notices placed through any media; or g. any manner of notification that we may, at our absolute discretion, determine. 18.2 Unless otherwise expressly provided in writing, our notices and communications to you are effective: a. if sent by post to an address within your country, the following business day after posting; b. if sent by post to an address outside of your country, 5 business days after posting; c. if sent by fax, electronic mail or SMS, at the time of transmission; d. if sent by hand, at the time of delivery or when left at the address; e. if posted on our Website, on the date of display or posting; f. if advertised in the newspaper, on the date of advertisement; and g. if broadcast via radio or television, on the date of broadcast.
19. Promotional Offers, Advertisements, and Surveys
19.1 We may inform you about promotional offers through mail, email, fax, SMS, telephone, or any other means of communication. You agree that we and our affiliates, and third parties selected by any of them can offer specially selected products and services to you through any means of communication provided above. For this purpose, you agree that we may transfer and disclose customer information to our affiliates and third parties selected by any of them. 19.2 Third parties’ services and links to other websites. You may be offered services, products and promotions provided by third parties and not by us. If you decide to use these services, you shall be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services. 19.3 Our website may contain links to third parties’ websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, or recommendation by us. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in these Terms and Conditions. We expressly disclaim any liability for these websites. 19.4 If you wish to be excluded from the recipient lists for our promotional offers, or find any incorrect entry in the information held by us or in the information provided by us to a consumer reporting or reference agency, you have to immediately write to: MatchMove Pay Pte. Ltd., 137 Telok Ayer Street, #03-03, Singapore 068602 or send an email to contactus@matchmove.com or call the Customer Service by dialing 1-800-271-1371 (Toll-Free Hotline) or +65-6271-1371 (International).
20. Consent to Broadcast and Sending of Push Messages
You agree and consent to the sending by us and our affiliates of broadcast and push messages as well as notices and announcements to you via SMS/email blast/mobile notifications and other channels. However, should you opt not to receive these messages, you may make a request to that effect by following the opt-out instructions regularly sent by us to you.
21. Compliance
You shall comply with all laws and regulations related to the use of stored value facilities and the current Anti-Money Laundering/Counter-Terrorism Financing legislation of your residence country. You shall comply with all laws and regulations related to the use of set Remittance facilities and the current Anti-Money Laundering/Counter-Terrorism Financing legislation required. For further information on Anti-Money Laundering/Counter-Terrorism Financing Legislation: https://www.mas.gov.sg/Regulations-and-Financial-Stability/Anti-Money-Laundering-Countering-The-Financing-Of-Terrorism-And-Targeted-Financial-Sanctions.aspx
22. Limitation of Liability
22.1 DelytePay Wallet, Cards and related services are provided on an “as is” and “as available” basis. We do not warrant (i) the accuracy, adequacy or completeness of DelytePay Wallet, Cards and related services, and expressly disclaim any liability for errors, delays or omissions in the website, or for any action taken in reliance on the website; (ii) that DelytePay Wallet, Cards and related services will be provided uninterrupted or error-free, virus-free, free from other invasive or damaging code, or that any identified defect will be corrected, nor that DelytePay Wallet, Cards and related services and the website are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros (iii) the installation or use of the DelytePay Wallet on any device will not affect the functionality or performance thereof; (iv) that the transmission of information through the website, DelytePay Wallet application, Cards and related services will be entirely secure; (v) the use of the website, DelytePay Wallet application, Cards and related services will not give rise to any liability at law or under contract. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, Merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with DelytePay Wallet, Cards and related services. In particular, you should be aware that where Services are initiated or accessed via SMS, your mobile network operator’s confirmation that any SMS you have sent has been sent to us or our Service Provider, does not guarantee that we have executed, or even received, the Electronic Instructions contained within such SMS. 22.2 We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of, or remove, whether in whole or in part, DelytePay Wallet, Cards and related services or any information, functionalities, services or products provided therein, and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing DelytePay Wallet, Cards and related services or associated information, functionalities, services or products. 22.3 Risks and expenses relating to the use of the Internet and other telecommunication systems: We do not warrant the security of any information transmitted by you or to you through DelytePay Wallet, Cards and related services and you accept the risk that any information transmitted or received through DelytePay Wallet, Cards and related services may be accessed by unauthorised third parties. Transactions over the Internet as well as messages sent via SMS are never completely private or secure, and that it is possible that the data on the DelytePay Wallet website, DelytePay application, Cards and related services (including the Login Details, User Content and Personal Data) may be mistakenly released, lost, hacked, intercepted or accessed by unauthorised users or may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet and the SMS system. You shall be responsible for obtaining and using the necessary services, software and/or device, hardware and/or equipment necessary to obtain access to DelytePay Wallet, Cards and related services at your own risk and expense (including all costs levied by your mobile network operator). 22.4 Exclusion of liability: To the fullest extent permissible under law, we hereby disclaim all liability to you or any other person for any loss, damages or expenses whatsoever, or howsoever, caused, and regardless of the form of action (including tort or strict liability) arising directly or indirectly in connection with any access, use or inability to use DelytePay Wallet, Cards and related services, or reliance on any Materials, even if we or our agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same. We shall not at any time be liable for indirect or consequential losses, damages or expenses, even if foreseeable, within our contemplation or if we may have been advised of, or otherwise might have anticipated, the possibility of the same. 22.5 Information available through DelytePay Wallet, Cards and related services: Information displayed at DelytePay Wallet, Cards and related services or sent to you in connection with DelytePay Wallet, Cards and related services, may be from a variety of sources. All data and/or information contained in DelytePay Wallet, Cards and related services or sent to you in connection with DelytePay Wallet, Cards and related services is provided for informational purposes only. We make no representations as to the accuracy, timeliness, adequacy or commercial value of all such information and/or data. You should not act on data or information obtained through DelytePay Wallet, Cards and related services or sent to you in connection with DelytePay Wallet, Cards and related services, without first independently verifying its contents. 22.6 In the event that we are liable for damages despite the foregoing provisions, you agree that (i) no action, whatever its form, may be brought by you more than two (2) months after the date of the first event giving rise to your claim, and (ii) that our maximum aggregate liability to you under any and all causes of action (including contract and tort), shall not exceed the total amount of Fees paid by you to us during the two (2) month period immediately preceding the date of the first event giving rise to your claim. 22.7 IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES WHETHER CAUSED BY NEGLIGENCE ON THE PART OF OUR EMPLOYEES, SUPPLIERS OR AGENTS OR OTHERWISE, BEYOND THE SUM OF SGD 500. IN NO EVENT SHALL WE OR OUR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR THE LIKE.
23. Non-waiver of Rights
No failure or delay on the part of us in exercising any right or power given here shall operate as a waiver of that right or power, and nor shall any partial or single exercise of any such rights or powers preclude any of the other rights or powers provided here. Moreover, no waiver by us or any of its rights or powers under this Cards agreement shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative
24. Other Means of Communication
You undertake to notify us of any additional means of communicating with you aside from those disclosed in your Cards application. Pursuant to such undertaking, you authorize us at its discretion but without any obligation to do so, to secure information from third parties such as, but not limited to, utility companies, insurers, and financial intermediaries, and to receive information on how and where you can be contacted.
25. Assignment of Waiver
You agree that we, without notice to you, may assign, discount, or otherwise transfer part of all of its rights or obligations here or under any Cards transaction. In the event of such assignment, you irrevocably agree not to assert against the assignee set-off rights of any obligation that may be owed by us to you. You may not assign your rights and obligations under these Terms and Conditions without our prior consent.
26. Your Complaints
Any complaint regarding your DelytePay Wallet and Cards or their use, or both, shall be communicated to the Cards Hotline or Contact Us or other means in accordance with these Terms and Conditions. If we deem necessary, we will conduct an investigation of the complaint for its prompt resolution and communicate its findings to you. You agree to fully cooperate with any such investigation by providing the necessary or required data, information, and documents. (a) You must resolve any complaint against any Merchant or other party directly with them. You cannot set-off against us any claim you have against them. If there is a dispute with any Merchant in respect of a payment, a refund for the transaction will be made to you only after the Merchant has refunded the payment to us.
27. Deposit Insurance Coverage
The MatchMove wallet linked to your Cards is not a deposit account and is not covered by the Law on Deposit Insurance of the Country.
28. Disclosure
We shall keep all your files and records in strictest confidence in accordance with the provisions of your residence country’s legislation and its Privacy Policy.
29. Severability Clause
If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
30. Dispute Resolution
MATCHMOVE and you shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination and/or breach of these Terms and Conditions in the first instance through good faith negotiation or mediation between the parties. Any claims or disputes arising from or related to these Terms and Conditions shall be resolved through binding arbitration via the Singapore International Arbitration Centre located in Singapore and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, and solely with respect to breaches or threatened breaches of these Terms and Conditions, either party to these Terms and Conditions may seek a temporary restraining order and injunction to protect its legal rights or interests, without the need to post bond in any court having jurisdiction.
31. Miscellaneous Article
31.1 Governing laws. These Terms and Conditions and any and all amendments thereto shall be governed by and construed in accordance with the substantive laws of Singapore, without reference to its conflicts of law provisions. 31.2 Act in good faith. We may act on any instruction we believe has been given in good faith by you according to the operating mandate. 31.3 Dispute resolution. Any dispute arising from or relating to MatchMove Remittance Services shall be resolved by final and binding arbitration. The arbitrator shall also decide what is subject to arbitration. The arbitration will be administered by Singapore International Arbitration Centre under (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. 31.4 Indemnity. You agree to indemnify us and all our servants, employees, nominees, directors and agents for any loss and embarrassment suffered by us (other than such loss and embarrassment arising from us or our employees’ and agents’ willful misconduct or negligence) in connection with:- a. any DelytePay Wallet, Cards and related services, related services or transaction; b. acting on or carrying out or delaying or refusing to act on any instruction you give us; c. searches and enquiries we make in connection with you, or a security provider; d. the provision of any service to you and the performance of our functions; e. any service provided by any third party; f. any default or the preservation or enforcement of our rights under the terms of these Terms and Conditions or any other applicable terms and conditions in connection with any Cards or related services or as a result of your non-compliance with any of these terms; g. any action by us or any party against you relating to any Cards, DelytePay Wallet, Cards and related services, or services; h. any involvement by us in any proceeding of whatever nature for the protection of or in connection with the Cards, DelytePay Wallet, Cards and related services or services; i. our compliance with any existing or future law or regulation or official directive in respect of any of these terms; j. taxes payable by us in connection with your DelytePay Wallet and Cards; and k. any increased cost in our funding if there is a change in law or circumstances. 31.5 Waiver. Any failure or delay by us in exercising or enforcing any right we have under the terms of these Terms and Conditions does not operate as a waiver of and does not prejudice or affect our right to subsequently act strictly in accordance with our rights. 31.6 Illegality. We may close and revoke any DelytePay Wallet, Cards and related services or related services with or without notice to you if, because of any change to any applicable law, regulation, regulatory requirement or judicial decision, or in our opinion, maintaining or performing any obligation under the terms in these Terms and Conditions becomes illegal, or we are otherwise prohibited from doing so. If this happens, you must pay us all liabilities on demand. 31.7 General Construction and Interpretation. In our opinion: when we determine a matter in our opinion, the determination is made at our absolute discretion. When we act or refuse to act: on any matter including any instruction or transaction, we do not need to provide any reason for our act or refusal unless required by the law. Timing: if we receive any instruction on a non-business day or after the specified clearance or cut-off times, we may treat the instruction as received on the following business day. 31.8 Amendments. We reserve the right to amend these Terms and Conditions at any time and for whatever reason it may deem proper, and any such amendment shall be binding upon notice to you by publication or other means of communication, electronic or otherwise. This is unless you object to those amendments by manifesting the intention to terminate your membership in writing within five (5) days from notice of the amendment. Your failure to notify us about this intention to terminate your membership as provided, and your continued use of your Cards, DelytePay Wallet and related services, or both, shall be taken as your conclusive acceptance of the amendments. 31.9 The Cards, DelytePay Wallet and related services may contain links (including advertising links) to other independent third-party websites (“Third Party Sites”). Third Party Sites are not under our control, and we are not responsible for and do not endorse their advertisements, content, any goods or services which they may provide, or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third Party Sites, including the purchase and use of any products or services accessible through them. Third party applications, websites, platforms, software, social networks and services (including App Store, Google Play, Facebook, Google+) (“Third Party Services”) may be accessed or used by you or in the course of your use of the Cards, DelytePay Wallet and related services (including the download thereof). We may also use Third Party Services in the course of and for the purpose of providing you with the use of the Cards, DelytePay Wallet and related services. You shall ensure that your access and use of Third Party Sites and Third Party Services complies with their applicable terms and conditions. 31.10 Sub-contracting and delegation: We reserve the right to use any service providers, subcontractors, and/or agents on such terms as we think appropriate. 31.11 Force Majeure: We shall not be liable for any non-performance, error, interruption or delay in the performance of its obligations or in DelytePay Wallet, Cards and related services’ operation, or for any inaccuracy, unreliability or unsuitability of the Materials or any of DelytePay Wallet, Cards and related services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom we are not responsible for). 31.12 We take security very seriously at MatchMove, and we work hard, using state-of-the-art security measures, to make sure that your information remains secure. The MatchMove Service is a safe and convenient way to send money to friends and family and to other people that you trust. However, we do advise you to consider very carefully before sending money to anyone that you do not know well. In particular, you should be very cautious of deals or offers that seem too good to be true – they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us using our contact form. Similarly, if you receive any emails, purporting to be from us, which you suspect may be “phishing” (fake) emails, please forward them to us using our contact form.
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