TERMS AND CONDITIONS – UK
- Part 1: Introduction
- 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 STYLOPAY by 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.
- By completing the signup 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.
- In this agreement, “We”, “Us” or “Our” refers to MatchMove, or Stylopay Ltd. acting on behalf of MatchMove, as the case may be. “You” or “Your” refers to the Account User using the Wallet.
- personal identification number, password or code;
- internet banking authentication code;
- telephone banking authentication code;
- code generated by an Authentication Device;
- code sent by the MatchMove by phone text message such as SMS, but does not include a number printed on a Wallet (e.g. a security number printed on a credit card or debit card).
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:
“Access Code” means a password, code or any other arrangement that the Account User must keep secret, that may be required to authenticate any payment transaction or Account User, and may include any of the following:
- any Account Holder; or
- any person who is authorised in a manner in accordance with these terms and conditions, by MatchMove and any Account Holder of a Protected Account, to initiate, execute or both initiate and execute payment transactions using the Protected Account;
“Account Holder” means any person in whose name a Wallet has been opened or to whom a Wallet has been issued, and includes a joint Account Holder and a supplementary credit card holder;
“Account User” means—
“Authentication Device” means any device that is issued by the responsible FI to the Account User for the purposes of authenticating any payment transaction initiated from a Wallet, including a device that is used to generate, receive or input any access code;
“Country” means the country or territory where you are residing and the wallet is opened.
“Electronic instruction” means any instruction, notice, instruction 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 of supporting document/s, before we may decide to act or not on the instruction, if we have reasonable grounds therefore.
“Fees and charges table” refers to the fees and charges table that applies to the wallet account and listed in the fees and charges updated on our website at HTTPS://WWW.STYLOPAY.COM (“Website”)
“MatchMove” refers to MatchMove Pay Pte Ltd, the issuer of Wallet or Responsible FI, together with its employees, directors, affiliates, successors, and assigns. 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, #0303, Singapore 068602.
“Merchant” refers to any merchants, vendors, persons, corporations or entity honoured to provide goods, products and services to you through wallet. 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, 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.
“Protected Account” means any Wallet that—
- is held in the name of one or more persons, all of whom are either individuals or sole proprietors;
- is capable of having a balance of more than S$500 (or equivalent amount expressed in any other currency) at any one time, or is a credit facility; and
- is capable of being used for electronic payment transactions;
“Wallet” refers to the payment account and/or the physical card which is provided to you upon signup at Website and completion of KYC process with us. The payment account is regarded as a stored value facility under country laws, and different types of payment products and services may be available to you from time to time.
“Website” refers to our website, the address of which is website and mobile applications or portals that you can access from mobile devices. All website addresses and URL for your reference in this terms and conditions are subject to be changed from time to time at our sole discretion.
“Unauthorized Transaction” in relation to any Protected Account, means any payment transaction initiated by any person without the actual or imputed knowledge and implied or express consent of an Account User of the Protected Account.
- Part 2: Wallet and Related Services
C) Use of the wallet and related services.
- 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.
- 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.
- We may without prior reference to you, combine or consolidate any number of your accounts 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 setoff require 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.
- You agree not to use wallet for 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 wallet and related services to conduct transactions in connection with any prohibited activities under applicable laws.
- 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 wallet, we may require you to contact us or temporarily suspend your privileges until we can verify the activity.
D) Validity, replacement and refund.
- 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.
- 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.
- 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.
- 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:
- A refund application form is duly completed and submitted to us in accordance with the refund policy posted on https://www.stylopay.com;
- A refund processing fee shall apply for each refund, and shall be deducted from the remaining balance stored on wallet. 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
- 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.
E) Compromise of Wallet.
- 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.
- 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.
- 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.
F) Reload and transaction.
- We 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.
- 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.
- 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.
- 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 wallet account.
- “cancelled” indicates that a transaction has been stopped or reversed. This could be due to inaccurate or incomplete information about your wallet account, 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 member’s wallet account 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 wallet account information, insufficient funds, or another transaction related reason.
G) Transfer Credit Service
- For Senders
These terms and conditions (“Terms”) apply to and regulate your use of wallet’s transfer credit service (“Transfer Credit Service”). The Transfer Credit Service allows you to request (“Transaction Request”), using the transfer credit function in your wallet account (“Account”), that we carry out a transaction (“Transfer Credit Transaction”) to transfer an amount specified by you (“Transfer Amount”) from your wallet account to your designated recipient (“Recipient”).
- To use the transfer credit service, you will need to:
- have a valid and active wallet account; and
- have verified your identity (“KYC”) by us
- the transfer amount has been successfully transferred to the recipient’s account; or
- 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.
- the transfer credit service will meet your requirements;
- the transfer credit service will always be available, accessible, function or interoperate with any network infrastructure, system or such other services as wallet may offer from time to time; or
- your use of the transfer credit service or wallet’s processing of any transaction request or transfer credit transaction will be uninterrupted, timely, secure or free of any virus or error.
- the provision by us of or your use of the transfer credit service and/or the account;
- the processing of any transaction request or transfer credit transaction;
- any transfer credit transaction being unsuccessful or considered as unsuccessful or any transfer amount not having been transferred to the recipient’s wallet account 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);
- any failure, refusal, delay or error by any third party or third party system through whom or which any transfer credit transaction is made;
- any unauthorised access of the account;
- 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;
- any event the occurrence of which we are not able to control or avoid by the use of reasonable diligence; and/or
- the suspension, termination or discontinuance of the transfer credit service.
These terms and conditions (“Terms”) apply to and regulate your use of virtual our transfer credit service (“Transfer Credit Service”) to receive a specified amount of funds (“Transfer Amount”) from a customer (“Sender”) of MatchMove who has requested wallet to transfer the transfer amount to you (such request to transfer, your request to receive and the transfer to you of the transfer amount, the “Transfer Credit Transaction”). You are required to accept and agree to these terms and conditions before you will be able to receive the transfer amount which is the subject of the transfer credit transaction.
- You may only receive the transfer amount by submitting a request using:
- the unique URL which may be accessed via the email or SMS provided to you informing you of the transfer credit transaction; or
- 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.
- have a wallet account; and
- have passed the KYC process by us.
- the one time password (“OTP”) sent to your mobile is invalid or has ceased to be valid; or
- any information provided by you is invalid or incorrect;
- the transfer credit service will meet your requirements;
- the transfer credit service will always be available, accessible, function or interoperate with any network infrastructure, system or such other services as we may offer from time to time; or
- 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.
- the provision by us of or your use of the transfer credit service;
- the processing of a request to receive the transfer amount;
- any transfer credit transaction being considered as incomplete or any transfer amount failing to be credited to your designated wallet 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;
- 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;
- any event the occurrence of which wallet is not able to control or avoid by the use of reasonable diligence; and/or
- the suspension, termination or discontinuance of the transfer credit service.
- any improper or unauthorised use of the transfer credit service by you;
- any act or omission by any relevant mobile or internet service provider;
- any delay or failure in any transmission, dispatch or communication facilities;
- any access (or inability or delay in accessing) and/or use of the transfer credit service; or
- any breach by you of any warranty under or provision of these terms.
H) Transaction history.
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.
I) Disputes and erroneous transactions.
- 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.
- 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.
- Part 3: General
J) 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, an identification number and other identification documents that local applicable laws require us to obtain. We appreciate your understanding and cooperation.
- Only qualified members can use wallet and related services by registering online at website;
- You represent and warrant to us that you:
- Are at least eighteen (18) years of age;
- Are eligible to register and use wallet 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 into 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.
- 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 in lieu. He continued use of the wallet and related services shall be taken as acceptance by you of the terms, benefits, and fees.
- Fees for services: in consideration of our’ agreement to provide the services, you shall pay to us the fees set out in
- the estimate provided by us to you if and when you submit a request to us for such estimate; and
- 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”).
- All paid annual fees are nonrefundable even if the privileges are suspended or terminated, or even if you cancel your account with us before its expiry date.
- 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.
- 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.
- 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.
- 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.
L) Your information and consent
- 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”.
- 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 credit reference agency, which may keep a record of that information. You can be rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with applicable laws.
- 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.
- 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.
- 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:
- 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 the services;
- 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;
- 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:
- To any person using the services purporting to be you; and
- To any information gathering or processing organisation or department conducting survey(s) on our behalf; and
- To third parties for the purpose of statistical or trade analysis.
M) Electronic instructions and your responsibilities
- Security code
- Access to and use of password protected and/or secure areas or features of the services are restricted to authorised users only. You may not obtain or attempt to obtain unauthorised access to such parts of the services, or to any other protected information, through any means not intentionally made available by us for your specific use.
- You will be required to select or designate a password, personal or logon 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 the services or use of the facilities provided through the 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.
- You agree to be bound by any access or use of the services (whether such access or use are authorised by you or not) which are preferable to your security code. You agree and acknowledge that any use of or access to the services referable to your security code and any electronic instructions shall be deemed to be, as the case may be:
- use of or access to the services by you; or
- electronic instructions transmitted or validly issued by you. You agree and acknowledge that any use of or access to the services and any information or data referable to your security code shall be deemed to be (a) use or access of the 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 are 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.
- 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.);
We may at any time decline to act on the electronic instructions at any time without prior notice or giving any reason, including to: (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 authorisations from other banks or financial institutions in the form required by use; and
- 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.
(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.
N) 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.
- 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 23 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.
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:
A. You do not follow our instructions in connection with your wallet account or related services or you do not comply with any applicable law;
B. We believe you have (i) offered, promised or given any bribe; or (ii) agreed to receive or accepted any bribe;
C. In our opinion, any wallet account is not operated in a proper or regular manner;
D. In our opinion, a business relationship with you is no longer appropriate;
E. 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;
F. You have given us untrue, inaccurate, incomplete or misleading information;
G. You do not pay on time any amount due to us;
H. You pass away or become incapacitated;
I. You become insolvent or bankrupt or subject to judicial proceedings;
J. Your assets are in jeopardy or subject to enforcement of a judgment by any party;
K. 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;
L. 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;
M. Any other event of default occurs under any other agreements or arrangements between us;
N. 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;
O. It would constitute a breach of our agreement with any other party;
P. 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
Q. It is unlawful for us to continue to provide wallet account or any service or allow the use of the card.
- 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://MatchMove.cards/. You acknowledge that such actions may be charged a fixed amount for such changes.
Upon cancellation or termination of your account, wallet or any part thereof:
A. All rights and benefits granted to you shall immediately be terminated and shall revert to us;
B. You cannot and must not use your wallet;
C. We may at our absolute discretion, decide not to act on any confirmation or request received by you after the effective date of termination;
D. 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).
O) Intellectual property rights
- 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.
- 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.
- 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.
- 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.
- 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.
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 wallet website;
D. Notices placed with or in any of the wallet 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 as we may at our absolute discretion determine.
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.
Q) Promotional offers, advertisements, and surveys.
- 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.
- 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.
- 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.
- 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, #0303, Singapore 068602 or send an email to contactus@MatchMove.cards or call the customer service by dialing 18002711371 (tollfree hotline) or +6562711371 (international).
R) 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. 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.
You shall comply with all laws and regulations related to the use of stored value facilities and the current antimoney laundering/counterterrorism financing legislation of your residence country.
You shall comply with all laws and regulations related to the use of services and the current antimoney laundering/ counterterrorism financing legislation required. For further information on antimoney laundering/counterterrorism financing legislation: http://www.mas.gov.sg/regulationsandfinancialstability/antimoneylaunderingcountering thefinancingofterrorismandtargetedfinancialsanctions.aspx
T) Limitation of liability.
The services are provided on an “as is” and “as available” basis. We do not warrant
(i) the accuracy, adequacy or completeness of the 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 the services will be provided uninterrupted or free from errors, or that any identified defect will be corrected, nor that the services and the website are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of noninfringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, is given in conjunction with the 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 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.
- 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, the 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 the services or associated information, functionalities, services or products.
- 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 the services and you accept the risk that any information transmitted or received through the services may be accessed by unauthorised third parties. Transactions over the internet as well as messages sent via SMS 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 the services at your own risk and expense (including all costs levied by your mobile network operator).
- Exclusion of liability: we shall in no event be liable 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 the 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.
- Information available through the services: information displayed at the services or sent to you in connection with the services, may be from a variety of sources. All data and/or information contained in the services or sent to you in connection with the 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 the services or sent to you in connection with the services, without first independently verifying its contents.
Refund. 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 service fee). We do not, in any event, accept responsibility for:
(i) any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control;
(ii) 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;
(iii) 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
(iv) errors on the website or with the service caused by incomplete or incorrect information provided to us by you or a third party.
- 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.
U) 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 wallet agreement shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative.
V) Other means of communication.
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.
W) 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 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.
X) Your complaints.
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.
Y) No deposit insurance coverage.
The MatchMove wallet linked to your wallet is not a deposit account and is not covered by the law on deposit insurance of the country.
A1) 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.
A2) 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.
A3) Miscellaneous article
- 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.
- 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.
- 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.
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 wallet account, 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 wallet or related services or as a result of your noncompliance with any of these terms;
G. Any action by us or any party against you relating to any wallet, wallet account or services;
H. Any involvement by us in any proceeding of whatever nature for the protection of or in connection with the wallet, wallet account 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 wallet account; and
K. Any increased cost in our funding if there is a change in law or circumstances.
- 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.
- 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.
- 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.
- 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.
- 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.
- Subcontracting and delegation: we reserve the right to use any service providers, subcontractors and/or agents on such terms as we think appropriate.
- 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).
- 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.
- Contact information
Reports, questions, notices, and requests for refunds or further information should be sent to us, as follows:
Telephone customer service: +447891020089
ADDITIONAL TERMS FOR USER PROTECTION PURSUANT TO EPAYMENTS USER PROTECTION GUIDELINES ISSUED BY MONETARY AUTHORITY OF SINGAPORE
A4) Account Holder to provide contact information and monitor notifications
- 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.
The Account Holder shall be required at a minimum to provide the following contact information which must be complete and accurate, to us:
(a) where the Account Holder has opted to receive transaction notifications by SMS, his Singapore mobile phone number; or
(b) where the Account Holder has opted to receive notification by email, his email address.
- 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.
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”).
(a) the Transaction Notification will be sent to your contact address. If you have provided more than one contact address to us, the Transaction Notification will be sent to every contact address selected by you to receive such notifications.
(b) the Transaction Notification will be sent on a real time basis for each transaction or on a batched basis at least once every 24 hours to consolidate every notifiable transaction made in the past 24 hours. We may but are not obligated to send both real time notifications and daily batched notifications to you.
(c) the Transaction Notification will be conveyed to the Account Holder by way of SMS or email. An in-app notification will be accompanied by an SMS or email notification that meets the deadline in sub-paragraph (b) above.
(d) the Transaction Notification will contain the following information, but we may omit any confidential information provided that the information provided to you still allows you to identify the transaction as being an authorised transaction or Unauthorized Transaction:
(i) information that allows you to identify the Protected Account such as the Protected Account number;
(ii) information that allows you to identify the recipient whether by name or by other credentials such as the recipient’s account number;
(iii) information that allows us to later identify you, the Protected Account, and the recipient account such as each account number or name;
(iv) transaction amount;
(v) transaction time and date;
(vi) transaction type;
(vii) if the transaction is for goods and services provided by a business, the trading name of the merchant and where possible, the merchant’s reference number for the transaction.
A5) Account user to protect access codes and access to protected account
You should not do any of the following:
A) voluntarily disclose any Access Code to any third party, except as instructed by us for any purpose including to initiate or execute any payment transaction involving the wallet;
B) disclose the Access Code in a recognisable way on any Wallet, Authentication Device, or any container for the Wallet; or
C) keep a record of any Access Code in a way that allows any third party to easily misuse the Access Code.
If you keep a record of any Access Code, you should make reasonable efforts to secure the record, including:
A keeping the record in a secure electronic or physical location accessible or known only to the Account User; and
B keeping the record in a place where the record is unlikely to be found by a third party.
You shall at the minimum do the following where a device is used to access the Protected Account:
A update the device’s browser to the latest version available;
B patch the device’s operating systems with regular security updates provided by the operating system provider;
C install and maintain the latest anti-virus software on the device, where applicable; and
D use strong passwords, such as a mixture of letters, numbers and symbols.
- 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.
A6) Report and provide information of Unauthorized Transactions
- You should report any Unauthorized Transactions to us as soon as practicable after receipt of any Transaction Notification alert for any Unauthorized Transaction. 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 time periods or circumstances5 where it would not be reasonable to expect us to monitor Transaction Notifications. The report should be made in in any of the following ways:
A by reporting the Unauthorized Transaction in any communications channel For such purpose as set out in the agreement;
B by reporting the Unauthorized Transaction to us in any other way and where we acknowledge receipt of such a report.
You should within a reasonable time provide us with any of the following information as requested by us:
A the Protected Account affected;
B your identification information;
C the type of Authentication Device, Access Code and device used to perform the payment transaction;
D the name or identity of any Account User for the account;
E whether an account, Authentication Device, or Access Code was lost, stolen or misused and if so:
(i) the date and time of the loss or misuse,
(ii) the date and time that the loss or misuse, was reported to us, and
(iii) the date, time and method that the loss or misuse, was reported to the police;
F where any Access Code is applicable to the account,
(i) how you or any Account User recorded the Access Code, and
(ii) whether you or any Account User had disclosed the Access Code to anyone; and
G any other information about the Unauthorized Transaction that is known to you.
- You should make a police report if we request such a report to be made to facilitate the claims investigation process.
A7) Recipient credential information
- 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:
(a) information that allows the Account User to identify the Protected Account to be debited;
(b) the intended transaction amount;
(c) credentials of the intended recipient that is sufficient for the Account User to identify the recipient, which at the minimum should be the recipient’s phone number, identification number, account number or name as registered for the purpose of receiving such payments; and
(d) a warning to ask the Account User to check the information before executing the payment transaction.
A8) Reporting channel
- We will provide Account Holders of Protected Accounts with a reporting channel for the purposes of reporting unauthorised or erroneous transactions.
- The reporting channel should have all the following characteristics.
(a) The reporting channel may be a manned phone line, phone number to receive text messages, online portal to receive text messages, or a monitored email address.
(b) Any person who makes a report through the reporting channel will receive a written acknowledgement of his report through SMS or email.
(c) We will not charge a fee to any person who makes a report through the reporting channel for the report or any service to facilitate the report.
(d) The reporting channel shall be available at any time every calendar day, unless it is a manned phone line, in which case that reporting channel shall be available during business hours every business day.
A9) Claim Investigation
- 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.
- 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.
- 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.
- 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.
- 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.
A10) Liability for losses arising from Unauthorized Transactions
- 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 determine whether any Account User was reckless.
- 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.
- 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.
- Any action or omission by us includes the following:
(a) fraud or negligence by us, our employee, our agent or any outsourcing service provider contracted by us to provide our services through the Protected Account;
(b) non-compliance by us or our employee with any requirement imposed by a regulatory authority on us in respect of our provision of any financial service;
(c) non-compliance by us with any duty set out in this agreement.
- 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.
- 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.
Specific duties in relation to Erroneous Transactions
- 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.
- For the purposes of paragraph above, reasonable efforts mean the following:
(a) where we are the FI of Account Holder:
(i) within two business days of receiving the necessary information from you under this section, we shall inform the recipient FI of the erroneous transaction;
(ii) within seven business days of informing the recipient FI, we shall ask the recipient FI for the recipient’s response and provide you with any new relevant information to allow you to assess if you should make a police report about the erroneous transaction.
(b) where we are the FI of the wrong recipient:
(i) within two business days of receiving the necessary information about any Erroneous Transaction, we will:
I. Inform the recipient of the erroneous transaction and all necessary information that would allow the recipient to determine if the transaction was indeed erroneous;
II. Ask the recipient for instructions on whether to send the sum sent in error back to you; and
III. Inform the recipient that his retention or use of sums transferred to him erroneously where he has had notice of the erroneous transaction is an offence under the penal code.
(ii) within five business days of receiving the necessary information about any erroneous transaction, we will:
I. Ask the recipient for instructions whether to send the sum sent in error back to the Account Holder; and
Ii. Inform the other FI about the recipient’s response, including nil responses.
(iv) for the purposes of assisting the FIs to recover sums sent in error, you should provide us with any of the following information as requested by us:
(a) all the information set out in section 33.3 except limbs (e), (f) and (g);
(b) the recipient’s unique identifier, including account number, identification number, name or other credentials entered by the Account User; and
(c) the date, time, amount and purpose of the erroneous transaction insofar as such information is known to you.