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 Vivid by Singapura Finance/ MatchMove Mobile Wallet (“Wallet”) 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 wallet and related services that we may agree to provide to you from time to time. |
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1.2 | By completing the sign-up process, You are deemed to have expressly read, understood and accepted each and every term when you use the website, wallet 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. |
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1.3 | In this agreement, “We”, “Us” or “Our” refers to MatchMove, or the Singapura Finance Limited acting on behalf of MatchMove, as the case may be. “You” or “Your” refers to the Account User using the Wallet. |
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2. | DEFINITIONS | ||||||||||||||||||||||||||||||||||
2.1 | Definitions, description and interpretation. Headings and subheadings are inserted for convenience only and do not affect the interpretation of these terms and conditions. In these terms and conditions, unless the context otherwise requires, the following definitions shall apply: |
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3. | USE OF THE WALLET AND RELATED SERVICES | ||||||||||||||||||||||||||||||||||||
3.1 | Use of wallet 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 wallet and related services, whether authorized or unauthorised. Wallet is not a credit card; hence usage shall be dependent on the funded balance linked to the wallet. |
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3.2 | When you use the wallet and related services, you are authorizing us to act as your agent only with respect to holding, sending, or receiving available balance. |
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3.3 | Prohibitions |
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4. | VALIDITY, REPLACEMENT AND REFUND | ||||||||||||||||||||||||||||||||||||
4.1 | Unless terminated or cancelled earlier, wallet shall be valid for a period of time defined by us. Renewal or replacement of the wallet will be at our sole discretion. Your wallet shall be valid for the period (“Validity Period”) stated on the wallet and shall expire on the first day of the following month. You agree and understand that the Validity Period may not be extended. |
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4.2 | Inactive wallet: where no access or payment transactions are made on wallet for a continuous period of time exceeding that of which is mentioned in the fees and charges page on our website, and there is valid balance in wallet, we may notify you by any notice methods mentioned herein and give you the option of maintaining your wallet 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 wallet and thereafter for every month for which the wallet remains inactive. |
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4.3 | If there is any unused balance in an inactive wallet when it expires, you shall no longer be entitled to use that unused balance and we may terminate this wallet and forfeit the unused balance in accordance with applicable laws, and if permitted, to us. |
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4.4 | We shall not be obligated to process any refund of the available balance on the wallet before the expiry date of the card. We shall only be obligated to refund you the remaining balance of your wallet, if any, under the following conditions: |
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5. | COMPROMISE OF WALLET | ||||||||||||||||||||||||||||||||||||
5.1 | The security and proper care of your wallet, as well as the confidentiality of your security code shall be your sole responsibility. You accept that you must not give the Wallet account 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 wallet as a result. |
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5.2 | You shall be relieved from any financial exposure resulting from fraudulent or unauthorized use of the wallet and related services from the time the report of compromise of your wallet account 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 wallet. Should you fail to immediately report to us the compromise of your wallet account upon discovery, we or our affiliated merchants shall be rendered free and harmless from any and all liabilities arising out of the wallet account’s compromise. |
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5.3 | You will be required to provide your name, address, wallet number, identification document 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 wallet is lost or stolen, we may issue you a replacement wallet account with a value equal to the available balance on your wallet at the time you notified us of the compromise, at our sole discretion. |
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6. | RELOAD AND TRANSACTION | ||||||||||||||||||||||||||||||||||||
6.1 | Subject to our approval, we may permit a one-time top-up of up to an amount of money as set forth in fees and charges table while your wallet registration is being processed. |
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6.2 | Your wallet is a reloadable account where you have completed all registration requirements as may be determined by us, meaning Know Your Customer (“KYC”) validated. |
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6.3 | Where wallet has been designated as a reloadable account, the maximum remaining balance on the wallet 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 table on Website. Each time you use your wallet, the amount of the transaction will be debited from your wallet’s available balance. You agree not to make a purchase or other transaction in excess of your wallet’s 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 wallet. |
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6.4 | Transactions are indicated as pending, completed, failed or cancelled. |
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7. | TRANSFER CREDIT SERVICE | ||||||||||||||||||||||||||||||||||||
7.1 | For Senders |
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7.2 | For Recipients |
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7.3 | 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. |
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8. | TRANSACTION HISTORY | ||||||||||||||||||||||||||||||||||||
8.1 | You may access the wallet app or website to view the transaction history. 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 the wallet system. |
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9. | DISPUTES AND ERRONEOUS TRANSACTIONS | ||||||||||||||||||||||||||||||||||||
9.1 | 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 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. |
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9.2 | Disputed transactions shall only be credited back to your wallet once the claim/dispute has been properly processed, investigated, and there has been a clear finding that you are entitled to the credit. |
10. | APPLICATIONS AND ACTIVATION
To help the government fight terrorism and money laundering, the applicable laws require us to obtain, verify and record information that identifies each person who signs up for an account with us to use wallet and relating services. What this means for you: when you sign up for an account, we will ask for your name, address, date of birth, nationality, an identification number and other identification documents that local applicable laws require us to obtain. We appreciate your understanding and cooperation. |
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10.1 | Only qualified members can use wallet and related services by registering online at website; |
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10.2 | You represent and warrant to us that you: |
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10.3 | 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. |
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10.4 | We may, from time to time, at its sole discretion, require you to provide proof of identity (such as notarized copy of passport or other means of identity verification as we deem required under the circumstances) and may at its sole discretion suspend an account until such proof has been provided to its satisfaction. |
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10.5 | Necessary documentation to authenticate authorized personnel will be required from time to time and we reserved the right to seek further clarification and of such clarification cannot be obtained for any reason or whatsoever, we are entitled not to act on conflicting and incomplete instructions. |
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10.6 | Transaction limits. We may, from time to time, impose transaction limits (such as minimum transaction amounts) in connection with the wallet or vary the frequency or manner of use of the services. |
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11. | FEES | ||||||||||||||||||||||||||||||||||
11.1 | To be entitled to wallet privileges and benefits, including related services, you shall pay the fees we may require. We reserve the right to and may at its sole discretion, charge and revise from time to time the privileges and benefits under wallet, 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 and the continued use of the wallet and related services shall be taken as acceptance by you of the terms, benefits and fees. |
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11.2 | Fees for services: in consideration of our agreement to provide the services, you shall pay to us the fees set out in (i) the estimate provided by us to you if and when you submit a request to us for such estimate; and (ii) the applicable notification by email/SMS from us and/or the Website (all fees set out therein to be collectively referred to as the “Fees”). |
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11.3 | All paid annual fees are non-refundable even if the privileges are suspended or terminated, or even if you cancel your account with us before its expiry date. |
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11.4 | If a transaction is made in a foreign currency (not the national currency of the place where the wallet 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. |
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11.5 | 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. |
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11.6 | 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. |
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11.7 | Taxes & charges: the fees are exclusive of all or any taxes, duties and charges imposed or levied by the appropriate local or overseas governmental agencies, financial institutions or other third parties in connection with the services or otherwise pursuant to this 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 this 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. |
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12. | YOUR INFORMATION AND CONSENT | ||||||||||||||||||||||||||||||||||
12.1 | 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. |
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12.2 | 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 the 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 the services, and information provided through the use of “cookies”. |
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12.3 | Verification and checks. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a third party service provider(s), which may keep a record of that information. You can be rest assured that this is done only to confirm your identity. All information provided by you will be treated securely and strictly in accordance with applicable laws. |
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12.4 | 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. |
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12.5 | 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: https://www.matchmove.com/privacy-policy/ |
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12.6 | 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. |
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12.7 | Consent to disclosure & provision of information. Information relating to any access or use of the 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: |
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13. | ELECTRONIC INSTRUCTIONS AND YOUR RESPONSIBILITIES | ||||||||||||||||||||||||||||||||||
13.1 | Security code |
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13.2 | 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 on you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of the electronic instructions. |
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13.3 | Any risk of misunderstanding, error, loss, damage or expense resulting from the use of the services are entirely at your own risk and we shall not be liable therefor. |
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13.4 | All electronic instructions will be deemed to be irrevocable and unconditional upon transmission through the 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 basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any electronic instruction. |
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13.5 | You acknowledge and agree that: |
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13.6 | Notwithstanding any provision to the contrary in this 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 sent under the 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 the services. |
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13.7 | 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 account 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 account 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 account 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 account. |
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14. | SUSPENSION, CANCELLATION, TERMINATION, NONRENEWAL
Your account and/or the wallet, services or any part thereof may be cancelled by us at any time without prior notice to you. After cancellation, account and/or the wallet, 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. |
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14.1 | 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 the MatchMove wallet linked to the wallet has sufficient balance; (b) terminate or cancel your right to use your account, wallet and related services; (c) increase or decrease the transaction limit; (d) refuse reissuance, renewal, or replacement of wallet; or (e) introduce, amend, vary, restrict, terminate, or suspend the benefits, related services, facilities, and privileges in respect of or in connection with your account, wallet. |
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14.2 | Termination by us notwithstanding anything, we may close and revoke any one or all your account, wallet and services, with or without notice to you, if: |
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14.3 | You may, at any time, suspend, cancel, terminate or reactivate wallet in accordance with these terms and conditions by following the required steps specified at http://www.singapurafinance.com.sg/. You acknowledge that such actions may be charged a fixed amount for such changes. |
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14.4 | Upon cancellation or termination of your account, wallet or any part thereof: |
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15. | INTELLECTUAL PROPERTY RIGHTS | ||||||||||||||||||||||||||||||||||
15.1 | The MatchMove services 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 MatchMove Pay Pte Ltd. |
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15.2 | The MatchMove services may be used only for the purposes permitted by these terms and conditions or described on this website. You are authorized solely to view and to retain a copy of the pages of the MatchMove website 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 MatchMove website, the MatchMove 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 website or the MatchMove service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the MatchMove website (or printed pages of the website). The name MatchMove and other names and indicia of ownership of our products and/or services referred to on the MatchMove website 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. |
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15.3 | Wallet and relating services, including services and products are our sole properties and/or its licensors and are subject to our existing policies, rules, and regulations. Wallet 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 wallet and related services. Using the wallet and related services does not grant you any rights to our trademarks or service marks. |
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15.4 | 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. |
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15.5 | You may choose to, or we may invite you to submit comments or ideas about 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 nonconfidential basis or otherwise to anyone. |
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16. | NOTICES | ||||||||||||||||||||||||||||||||||
16.1 | All notices and documents required to be given by us to you shall be sent by any one of following methods:
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16.2 | Unless otherwise expressly provided in writing, our notices and communications to you are effective:
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17. | PROMOTIONAL OFFERS, ADVERTISEMENTS, AND SURVEYS
You hereby consent that your Personal data will be collected, used and disclosed by us in accordance with the Personal Data Protection Act 2012, for the provision of all services. We may also send you marketing mailers by post or emails or via SMS text, telephone or fax. You hereby consent that we may disclose your Personal data to our business partners and third-party service providers for these purposes. Where there are joint account holders, you confirm that they have consented to our collection, use and disclosure of their Personal data. In this context, you agree that: |
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17.1 | 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. |
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17.2 | 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. |
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17.3 | 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 this terms and conditions. We expressly disclaim any liability for these websites. |
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17.4 | If you wish to be excluded from the recipient lists for our promotional offers, advertisements or surveys, or find any incorrect entry in the information held by us or in the information provided by us to third service providers, you have to immediately notify us by calling our customer service by dialing +65 68800668. |
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18. | CONSENT TO BROADCAST AND SENDING OF PUSH MESSAGES | ||||||||||||||||||||||||||||||||||
18.1 | 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. However, should you opt not to receive these messages, you may make a request to that effect by following the optout instructions regularly sent by us to you. |
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19. | COMPLIANCE | ||||||||||||||||||||||||||||||||||
19.1 | You shall comply with all laws and regulations related to the use of stored value facilities and the current anti-money laundering/counterterrorism financing legislation of your residence country.
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20. | LIMITATION OF LIABILITY | ||||||||||||||||||||||||||||||||||
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21. | NON-WAIVER OF RIGHTS | ||||||||||||||||||||||||||||||||||
21.1 | 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 wallet agreement shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative. |
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22. | OTHER MEANS OF COMMUNICATION | ||||||||||||||||||||||||||||||||||
22.1 | You undertake to notify us of any additional means of communicating with you aside from those disclosed in your wallet 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. |
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23. | ASSIGNMENT OF WAIVER | ||||||||||||||||||||||||||||||||||
23.1 | 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 wallet transaction. In the event of such assignment, you irrevocably agree not to assert against the assignee setoff 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. |
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24. | YOUR COMPLAINTS | ||||||||||||||||||||||||||||||||||
24.1 | Any complaint regarding your wallet and related services or their use, or both, shall be communicated to the wallet 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. You must resolve any complaint against any merchant or other party directly with them. You cannot setoff 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. |
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25. | NO DEPOSIT INSURANCE COVERAGE | ||||||||||||||||||||||||||||||||||
25.1 | Funds stored on the MatchMove Mobile Wallet and stored value Card provided in conjunction with the Mobile Wallet are not insured deposits under the Deposit Insurance and Policy Owners’ Protection Schemes Act (Chapter 77B of the Singapore Statutes) and are ineligible for protection by the Deposit Insurance Scheme. |
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26. | DISCLOSURE | ||||||||||||||||||||||||||||||||||
26.1 | 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. |
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27. | SEVERABILITY CLAUSE | ||||||||||||||||||||||||||||||||||
27.1 | 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. |
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28. | DISPUTE RESOLUTION | ||||||||||||||||||||||||||||||||||
28.1 | 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. |
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29. | MISCELLANEOUS ARTICLE | ||||||||||||||||||||||||||||||||||
29.1 | governing laws. This 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. |
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29.2 | act in good faith. We may act in any instruction we believe in good faith has been given by you according to the operating mandate. |
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29.3 | dispute resolution. Any dispute arising from or relating to MatchMove 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 SIAC (“SIAC rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. |
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29.4 | 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:
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29.5 | 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 subsequently to act strictly in accordance with our rights. |
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29.6 | Illegality. We may close and revoke any wallet account 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. |
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29.7 | 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 nonbusiness day or after the specified clearance or cutoff times, we may treat the instruction as received on the following business day. |
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29.8 | 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 wallet and related services, or both, shall be taken as your conclusive acceptance of the amendments. |
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29.9 | Any external links to third-party websites on the website are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk. |
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29.10 | Subcontracting and delegation: we reserve the right to use any service providers, subcontractors and/or agents on such terms as we think appropriate. |
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29.11 | Force majeure: we shall not be liable for any nonperformance, error, interruption or delay in the performance of its obligations or in the services’ operation, or for any inaccuracy, unreliability or unsuitability of the materials or any of the 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 is not responsible for). |
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29.12 | 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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29.13 | Contact information
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30. | ACCOUNT HOLDER TO PROVIDE CONTACT INFORMATION AND MONITOR NOTIFICATIONS | ||||||||||||||||
30.1 | The Account Holder of a Protected Account shall be required to provide us with contact details as required by us in order to send the Account Holder transaction notifications. Where the Protected Account is a joint account, the Account Holders should jointly give instructions to us on whether we should send transaction notifications to any or all the Account Holders. The duties of the Account Holders in this Section will apply to all the Account Holders that the responsible FI has been instructed to send transaction notifications to. |
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30.2 | The Account Holder shall be required at a minimum to provide the following contact information which must be complete and accurate, to us:
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30.3 | It is the Account Holder’s responsibility to enable transaction notification alerts on any device used to receive transaction notifications from us and to monitor the transaction notifications sent to the contact address. We may assume that the Account Holder will monitor such transaction notifications without further reminders or repeat notifications. |
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31. | TRANSACTION NOTIFICATIONS | ||||||||||||||||
31.1 | We will provide Transaction Notifications that fulfil the following criteria to you that we have been instructed to send, in respect of all transactions (of any amount) made to or from your account (“Notifiable Transaction”).
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32. | ACCOUNT USER TO PROTECT ACCESS CODES AND ACCESS TO PROTECTED ACCOUNT | ||||||||||||||||
32.1 | You should not do any of the following: |
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32.2 | If you keep a record of any Access Code, you should make reasonable efforts to secure the record, including: |
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32.3 | You shall at the minimum do the following where a device is used to access the Protected Account: |
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32.4 | You should inform all other Account Users, if any, of the security instructions or advice provided by us. An Account User should follow security instructions or advice provided by us to you. |
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33. | REPORT AND PROVIDE INFORMATION OF UNAUTHORIZED TRANSACTIONS | ||||||||||||||||
33.1 | You should report any Unauthorized Transactions to us as soon as practicable after receipt of any Transaction Notification alert for any Unauthorized Transaction. |
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33.2 | Where you are not able to report the Unauthorized Transaction to us as soon as you receive any Transaction Notification alert for any Unauthorized Transaction, you should if we so request, provide us with reasons for the delayed report. This includes the time periods or circumstances where it would not be reasonable to expect us to monitor Transaction Notifications. The report should be made in any of the following ways: |
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33.3 | You should within a reasonable time provide us with any of the following information as requested by us: |
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33.4 | You should make a police report if we request such a report to be made to facilitate the claims investigation process. |
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34. | RECIPIENT CREDENTIAL INFORMATION | ||||||||||||||||
34.1 | Where transactions are made by way of internet banking, any mobile phone application or device arranged for by us for payment transactions, including a payment kiosk, we will provide an onscreen opportunity for any Account User of a Wallet to confirm the payment transaction and recipient credentials before we execute any authorised payment transaction. The onscreen opportunity will contain the following information:
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35. | REPORTING CHANNEL | ||||||||||||||||
35.1 | We will provide Account Holders of Protected Accounts with a reporting channel for the purposes of reporting unauthorised or erroneous transactions. |
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35.2 | The reporting channel should have all the following characteristics.
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36. | CLAIM INVESTIGATION | ||||||||||||||||
36.1 | We will while acting reasonably at our sole discretion assess any claim made by you in relation to any Unauthorized Transaction (“Relevant Claim”) for the purposes of assessing your liability. Where we have assessed that the relevant claim does not fall within Unauthorized Transaction, we will resolve such a claim in a fair and reasonable manner. We will communicate the claim resolution process and assessment to you in a timely and transparent manner. |
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36.2 | We may require that you furnish a police report in respect of Unauthorized Transaction claim, before we begin the claims resolution process. Upon enquiry by you, we will provide you with relevant information that we have of all the Unauthorized Transactions which were initiated or executed from a Protected Account, including transaction dates, transaction timestamps and parties to the transaction. |
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36.3 | We will complete an investigation of any relevant claim within twenty-one (21) business days for straightforward cases or forty-five (45) business days for complex cases. Complex cases may include cases where any party to the Unauthorized Transaction is resident overseas or where we have not received sufficient information from the Account Holder to complete the investigation. We will within these periods give each Account Holder that we have been instructed to send Transaction Notifications to in accordance with manner set out in these terms, a written or oral report of the investigation outcome and its assessment of your liability. We will seek acknowledgement (which need not be an agreement) from that Account Holder of the investigation report. |
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36.4 | Where you do not agree with our assessment of liability, or where we have assessed that the claim falls outside of Unauthorized Transaction, the parties may proceed to commence other forms of dispute resolution including FIDReC. |
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36.5 | We will credit your Protected Account with the total loss arising from any Unauthorized Transaction as soon as we have completed our investigation and assessed that you are not liable for any loss arising from the Unauthorized Transaction. We will disclose this arrangement to you at the time you report the Unauthorized Transaction to us and inform you of the timeline for completing our investigation. |
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37. | LIABILITY FOR LOSSES ARISING FROM UNAUTHORIZED TRANSACTIONS | ||||||||||||||||
37.1 | You are fully liable for actual loss arising from an Unauthorized Transaction where any Account User’s recklessness was the primary cause of the loss. Recklessness would include the situation where any Account User deliberately did not comply with requirements under these terms. You are required to provide us with information we may reasonably require to assist us to determine whether or not any Account User was reckless. |
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37.2 | For the avoidance of doubt, where any Account User knew of and consented to a transaction (“Authorised Transaction”), such a transaction is not an Unauthorised Transaction, notwithstanding that the Account Holder may not have consented to the transaction. This would also include the situation where any Account User acts fraudulently to defraud any Account Holder or us. In such case, the Account Holder shall be solely liable for entire loss. |
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37.3 | You are not liable for any loss arising from an Unauthorized Transaction if the loss arises from, solely on account of, any action or omission by us and does not arise from any failure by any Account User to comply with any duty in this agreement. |
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37.4 | Any action or omission by us includes the following:
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37.5 | You are not liable for any loss arising from an Unauthorized Transaction that does not exceed $1,000, if the loss arises from any action or omission by any third party not referred to in paragraph 37.4 above and does not arise from any failure by any Account User to comply with any duty under this agreement. |
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37.6 | Where the Protected Account is a joint account, the liability for losses set out in this section applies jointly to each Account Holder in a joint account. |
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38. | SPECIFIC DUTIES IN RELATION TO ERRONEOUS TRANSACTIONS | ||||||||||||||||
38.1 | Where you inform us in accordance with this section that you or an Account User has initiated a payment transaction from a Protected Account such that money has been placed with or transferred to the wrong recipient (“Erroneous Transaction”), we will inform the wrongful recipient’s FI of the Erroneous Transaction promptly as much as practicable, to the FI of the wrong recipient and shall make reasonable efforts to recover the sum sent in error. |
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38.2 | For the purposes of paragraph above, reasonable efforts mean the following: |
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