mCash Terms and Conditions
1.
Definitions and Interpretations
1.1
In these mCash Terms and Conditions, the following words and expressions shall have the
following meanings:
1.1.1
“Cash-In Points” means the channels through which you may top-up and add credit
to your mCash Account, which include but are not limited to the following:
(i)
SingCash Counters;
(ii)
SingTel retail shops;
(iii)
(subject to and in accordance with the provisions of Clause 4.5), the mWallet
Application;
(iv)
the Dash Payment Service, accessible via the Dash Application and/or the
Dash website; and
(v)
such other cash-in points (including participating retail stores and payment
kiosks) as may be determined and authorised by TEPL and listed on the
TEPL Website from time to time.
1.1.2
“Customer” means a natural person whose Registration Application has been
accepted by TEPL and in respect of whom the provision of the mCash Service has
not been suspended or terminated for any reason.
1.1.3
“Customer Information” means, in relation to a Customer, all information which
TEPL obtains as a result of Customer’s use of the mCash Service and/or Linked
Services or in connection with the contract or agreement between the Customer and
TEPL, including any information which relates to a transaction, information which
identifies or which relates to an individual, whether true or not, and any information of
a Customer collected, used or disclosed as described in the SingTel Data Protection
Policy.
1.1.4
“Dash Application” means an application for mobile devices (available for download
from online application store(s)) jointly offered by TEPL and SCB by which the Dash
Payment Service is made available by TEPL.
1.1.5
“Dash Payment Service” means such services as TEPL may offer, make available
and/or permit registration for on or via the Dash Application and/or the Dash Website,
which services may include but not be limited to:
(a)
payments to individuals, via the Dash Application, SMS or otherwise;
(b)
payments to Participating Merchants for product(s) and service(s);
(c)
transfers of funds between a mCash Account and a SCB Bank Account; and
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(d)
notifications in relation to transactions carried out using such services,
and for the avoidance of doubt, excludes payment related services offered by SingTel
Mobile and which may be effected or obtained through the use of the mWallet
Application.
1.1.6
“Dash Website” means http://www.dash.com.sg or such other internet website as
TEPL may maintain in respect of the Dash Payment Service.
1.1.7
“Dormant Account” shall have the meaning ascribed to it in Clause 6.2.
1.1.8
“Force Majeure Event” means any event or circumstance (including any network
failure or system downtime in respect of the mCash Service) the occurrence and the
effect of which TEPL is unable to prevent and avoid notwithstanding the exercise of
reasonable foresight, diligence and care on the part of TEPL.
1.1.9
“Intellectual Property” means patents, trade marks, service marks, trade names,
domain names, rights in designs, semiconductor topography rights, database rights of
unfair extraction and reutilisation, copyrights (including rights in computer software),
rights in know-how and other intellectual or industrial property rights (whether
registered or unregistered and including applications for the registration of any of the
foregoing) and all rights or forms of protection having equivalent or similar effect to
any of the foregoing which may subsist anywhere in the world.
1.1.10
“Linked Services” means the services set out in the TEPL Website, and includes the
mRemit Service, the mWallet Service, the Dash Payment Service and the SMS
Service, and “Linked Service” means any one of them.
1.1.11
“mCash Account” means an account that is offered by TEPL containing stored value
purchased or otherwise acquired by a Customer, where such stored value is capable
of being used, by the relevant Customer, to carry out payment transactions under the
Linked Services.
1.1.12
“mCash Service” means the services provided by TEPL as set out in these Terms,
including the provision of an mCash Account to a Customer.
1.1.13
“mRemit Service” means the cross border remittance service offered by SingCash to
its customers, comprising of the remittance of funds to its customers’ designated
beneficiaries.
1.1.14
“mWallet Application” or “SingTel mWallet” means an application for mobile
devices (available for download from online application store(s)) offered by SingTel
Mobile by which the mWallet Service is made available by SingTel Mobile.
1.1.15
“mWallet Service” means such services as may be offered by SingTel Mobile to its
customers from time to time via the mWallet Application, which services may include
notification, payment and top-up services.
1.1.16
“Registration Application” shall have the meaning ascribed to it in Clause 3.1.
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1.1.17
“SCB” means Standard Chartered Bank and its successors.
1.1.18
“Service Providers” means SingCash, SingTel Mobile, TEPL and such other SingTel
Group Corporation as may be notified to you from time to time, and “Service
Provider” means any one of them.
1.1.19
“Singapore Dollars” or “S$” means the lawful currency of Singapore.
1.1.20
“SingCash” means SingCash Pte. Ltd. (Company Registration Number 201106360E)
and its successors.
1.1.21
“SingCash Counter” means a physical counter operated by SingCash in Singapore
to provide services in relation to the mRemit Service to its customers.
1.1.22
“SingTel Data Protection Policy” means the current version of the data protection
policy available at http://info.singtel.com/personal/dataprotection or such other
internet website as may be maintained in respect of such policy.
1.1.23
“SingTel Group Corporation” means any entity within the group of companies under
Singapore
Telecommunications
Limited
(Company Registration
Number
199201624D).
1.1.24
“SingTel Mobile” means SingTel Mobile Singapore Pte Ltd (Company Registration
Number 201012456C) and its successors.
1.1.25
“SMS” means Short Message Service.
1.1.26
“SMS Service” means such services as may be offered by SingTel Mobile to allow
the Customer to top up any pre-paid card(s) offered by SingTel Mobile or any SingTel
Group Corporation, by way of SMS.
1.1.27
“TEPL” means Telecom Equipment Pte Ltd (Company Registration Number
198904636G) and its successors.
1.1.28
“TEPL Website” means http://www.singtel.com/mcash or such other internet
website as TEPL may maintain in respect of the mCash Service.
1.1.29
“Terms” means these mCash Terms and Conditions, including any amendments
thereto that TEPL may make from time to time in its discretion.
1.1.30
“Third Party Content” shall have the meaning ascribed to it in Clause 4.8.13.
1.1.31
“Third Party Sites” shall have the meaning ascribed to it in Clause 4.8.11.
1.2
The headings or titles to the Clauses in these Terms are to facilitate reference and shall not
be referred to or relied upon in the construction of any provision of these Terms.
1.3
Where the context so admits, the singular shall include the plural and words in the masculine
gender shall include the feminine gender and/or neuter gender and vice-versa.
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1.4
Any reference in these Terms to any Clause shall be construed as a reference to the clauses
of these Terms unless otherwise expressly stated.
1.5
The words “include” or “including” in these Terms shall be deemed to be followed by “without
limitation” or “but not limited to” whether or not they are followed by such phrases or words of
like import.
1.6
Any determination or decision that TEPL may make in its discretion under any provision of
these Terms, may be exercised in TEPL’s sole and absolute discretion, and TEPL shall not
be required to provide any reason or explanation for its determination or decision. Without
prejudice to the foregoing, any reason or explanation provided by TEPL is for information only,
shall not be binding on TEPL, and does not constitute any representation, warranty or
undertaking as to future action or otherwise.
2.
Eligibility for the registration for and use of mCash Service
2.1
You acknowledge and agree that in order to be eligible to register for and use the mCash
Service, you are required to comply with the provisions of these Terms and satisfy all the
criteria set forth in Clause 2.3, including any amendments thereto that TEPL may from time to
time make in its discretion.
2.2
In the event any such criteria has not been satisfied or ceases to be satisfied at any time
whatsoever, or any provision of these Terms is not complied with, TEPL shall be entitled in its
discretion to suspend or terminate (as the case may be) the provision of the mCash Service
to you.
2.3
You acknowledge, agree and warrant that you are, and will at all times be, in compliance with
the following:
2.3.1
you are of legal age of majority to contract in the jurisdiction in which you reside (and
in any event, no less than 18 years of age) and legally capable and permitted to
accede to these Terms;
2.3.2
you are a post-paid or pre-paid mobile subscriber of a mobile network in Singapore
and your subscription with your mobile network provider has not been suspended or
terminated; and
2.3.3
you are not in arrears of any payment due to any SingTel Group Corporation.
3.
Registration for mCash Service
3.1
You may register for the mCash Service through any one of the following channels:
3.1.1
in person at a SingCash Counter;
3.1.2
through the TEPL Website (when available);
3.1.3
by using the mWallet Application;
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3.1.4
by using the Dash Application or through the Dash Website (when available); or
3.1.5
such other channels as TEPL may make available from time to time,
and if required in the above channel, by submitting an application in such form and together
with such supporting documentation and information as may be required from time to time for
identification purposes (each a “Registration Application”).
3.2
You agree to provide truthful, accurate and complete information in your Registration
Application and you agree to maintain and update any information so provided. The provision
of any false identification or otherwise misleading information is strictly forbidden and TEPL
shall, in the event any such false identification or otherwise misleading information is provided,
be entitled to suspend or terminate (as the case may be) the provision of the mCash Service
to you.
3.3
TEPL retains the discretion to approve or reject any Registration Application. You will be
notified if your Registration Application has been rejected by TEPL.
3.4
Notwithstanding the foregoing, where you are an existing customer of SingTel Mobile and the
submission of Registration Application is not required, the access to your mCash Account
and/or use by you of the mCash Service (including the carrying out of any transaction relating
to your mCash Account or top-up of credit to your mCash Account through any of the Cash-In
Points) shall be deemed to be your conclusive acceptance of these Terms.
3.5
You may only register for and use the mCash Service for your own behalf and not for the
benefit or on behalf of any other person (including natural person or legal person).
4.
Use of mCash Service
4.1
Subject to Clause 4.2, TEPL will make available the mCash Service for, and you may use
your mCash Account for, the Linked Services.
4.2
You acknowledge and agree that your ability to use your mCash Account for each of the
Linked Services is dependent on your entry into and compliance with a separate agreement
relating to such Linked Service with the relevant Service Provider. In particular, you
acknowledge and agree that nothing in these Terms or the provision of the mCash Service by
TEPL amounts to any representation or warranty that you will be able to use your mCash
Account with any of the Linked Services. Without prejudice to the foregoing, you acknowledge
and agree that TEPL’s obligations and liabilities under these Terms in relation to the Linked
Services shall be limited to the obligations and liabilities set out in Clause 4.3.
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4.3
TEPL’s obligations under these Terms in relation to each of the Linked Services are limited to
taking instructions from the relevant Service Provider and carrying out such instructions with
respect to your mCash Account (including transferring funds from your mCash Account to
such Service Provider) in connection with the Linked Service offered by such Service Provider.
You hereby authorise TEPL to take such instructions from the relevant Service Provider and
carry out such instructions with respect to your mCash Account, and you acknowledge and
agree that TEPL shall be entitled to regard all such instructions as validly and duly authorised
instructions from you in relation to your mCash Account. Where the Linked Service is the
Dash Payment Service, this Clause 4.3 shall not prejudice any rights which you may have
against TEPL under your agreement with TEPL in relation to the Dash Payment Service.
4.4
Notwithstanding anything to the contrary herein, TEPL shall be entitled, in its discretion, to
refuse to carry out and/or complete any transaction carried out by you or on your behalf
pursuant to the Linked Services.
4.5
You may top-up and add credit to your mCash Account through any of the Cash-In Points,
provided that your mCash Account can only hold, in aggregate, a maximum amount of
Singapore Dollars Nine Hundred and Ninety-Nine (S$999.00) (or such other amount as TEPL
may determine in its discretion from time to time) at any point in time.
4.6
When you use the mWallet Application to top-up and add credit to your mCash Account
through SingTel Mobile postpaid mobile bill, you acknowledge and agree that at all material
times, SingTel Mobile is acting as an agent on behalf of TEPL to collect the top-up amount
from you. You agree to pay the charges stated in the SingTel Mobile postpaid mobile bill.
4.7
Notwithstanding anything contained herein and without prejudice to Clause 4.6, you
acknowledge and agree that TEPL has a right to claim directly against you for any top-up
amount that is due and payable by you.
4.8
You acknowledge and agree that:
4.8.1
the mCash Service is offered to you on an "as is where is" basis;
4.8.2
the money in your mCash Account is held on trust by TEPL for you;
4.8.3
without prejudice to Clause 3.5, you are authorised to use your mCash Account for
your personal use only, you shall not allow any other person (including natural person
or legal person) to use your mCash Account for making any payments or carrying out
any transactions, and any use of your mCash Account on behalf of any third party or
for any purpose or to any recipient which is prohibited by any applicable law shall be
void and you shall have no rights under these Terms in respect of such use;
4.8.4
you shall bear the sole responsibility for the use of your mCash Account and you are
solely responsible and liable for all transactions carried out through your mCash
Account, notwithstanding that it may have been used by any other person without
your knowledge or authority;
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4.8.5
you shall bear the sole responsibility for safekeeping and maintaining the
confidentiality of your pin number used in relation to your mCash Account. You shall
not disclose to any person your pin number and shall not permit or authorise any
person to use your pin number for any purpose whatsoever;
4.8.6
upon learning of any unauthorised use of your pin number or of any other
inappropriate access to or use of your mCash Account, or if you believe that any
other person has gained knowledge of your pin number, you shall:
(i)
promptly notify TEPL thereof; and
(ii)
promptly change your pin number;
4.8.7
where you change your mobile number or terminate the mobile line linked to your
mCash Account (the particulars of which were provided to TEPL in your Registration
Application or pursuant to this Clause 4.8.7), you shall forthwith notify TEPL of the
same (in such manner as TEPL may require from time to time) and/or provide to
TEPL your new mobile number or the particulars of your new mobile line (as the case
may be) to be linked to your mCash Account, failing which TEPL shall be entitled to
suspend or terminate the provision of the mCash Service to you. Notwithstanding this,
if you continue to use your mCash Account without notifying TEPL of your terminated
mobile line, you shall be responsible and liable for all transactions carried out using
your mCash Account;
4.8.8
your use of the mCash Service is subject to such other guidelines, procedures,
policies and regulations which may be prescribed, introduced, varied and/or amended
by any applicable regulatory authority or law enforcement body from time to time;
4.8.9
save as otherwise expressly provided for in these Terms, no refunds or withdrawals
may be made from your mCash Account;
4.8.10
you shall comply with all applicable laws and regulations when using the mCash
Service;
4.8.11
the mCash Service may include links to sites on the internet that are owned or
operated by third parties (“Third Party Sites”), and if you choose to use such links to
access such Third Party Sites, you agree to review and accept such Third Party Sites’
terms of use before accessing such Third Party Sites;
4.8.12
you access such Third Party Sites at your own risk, TEPL does not assume any
responsibility for material created or published by such Third Party Sites, and by
providing a link to such Third Party Sites, TEPL does not imply that TEPL endorses
such Third Party Sites or the products or services referenced in such Third Party
Sites;
4.8.13
the mCash Service may include the use of mobile applications, information, tools and
other content that are owned or provided by third parties (“Third Party Content”),
and if you choose to use such Third Party Content, your licence to use such Third
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Party Content may be subject to a valid end user licence agreement entered into
between you and the third party owner or provider of such Third Party Content; and
4.8.14
you use any Third Party Content at your own risk, and TEPL does not assume any
responsibility for such Third Party Content.
5.
Refund
5.1
You may at any time submit a request, in such manner and form as may be required by TEPL
from time to time, for a refund of unused balance in your mCash Account. Upon receipt of
your request, TEPL will provide, subject to verification and Clauses 5.2 and 13.8, a full refund
of the unused balance in your mCash Account based on the information submitted by you in
the Registration Application or based on your information retrieved from SingTel Mobile where
you are an existing customer of SingTel Mobile, in the manner as indicated by you,
whereupon your mCash Account will be terminated.
5.2
The refund of the money in your mCash Account may be subject to additional administrative
fees (the quantum of which shall be as determined by TEPL and posted on the TEPL Website
from time to time).
6.
Fees and Charges
6.1
TEPL shall be entitled to charge you a registration fee for the registration of the mCash
Service, and administration fees for (i) each transaction carried out using your mCash
Account and (ii) any reactivation or termination of the provision of the mCash Service to you.
The quantum of such fees shall be as determined by TEPL and posted on the TEPL Website
from time to time.
6.2
Where you do not carry out any transaction through your mCash Account for a continuous
period of more than six months, TEPL may designate your mCash Account as a “Dormant
Account”. A dormancy fee (to be determined by TEPL and posted on the TEPL Website from
time to time) shall then be charged by TEPL and deducted from your mCash Account for
every month thereafter during which your mCash Account remains a Dormant Account. You
will not be able to carry out transactions with a Dormant Account, and will need to contact
SingTel customer care hotline at 1688 to reactivate a Dormant Account. TEPL shall be
entitled to suspend or terminate the provision of the mCash Service to you where your mCash
Account is a Dormant Account and the balance in your mCash Account is insufficient to meet
the monthly dormancy fee payable.
6.3
In addition to the fees referred to in Clauses 6.1 and 6.2, you acknowledge and agree that
any fees imposed by any of the Service Providers in respect of transactions carried out
through your mCash Account may be directly debited from your mCash Account.
6.4
TEPL reserves the right to change and amend at any time any of the fees referred to in
Clauses 6.1 and 6.2. Such changes and amendments shall be effective upon posting on the
TEPL Website or on such date as may be otherwise stated. Your continued use of the mCash
Service (including the carrying out of any transaction through your mCash Account) shall be
deemed to be your conclusive acceptance of such changes and amendments to such fees.
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6.5
You shall be solely responsible and liable for all fees and charges which may be payable in
respect of transactions made using your mCash Account.
6.6
For the avoidance of any doubt, you acknowledge and agree that the use by you of any
mobile services (such as SMS, data and/or telephone calls) in connection with the use of the
mCash Service may entail additional charges with the respective mobile service providers
and you shall be solely responsible and liable for such charges (where applicable).
6.7
Without prejudice to the provisions in Clause 6.3, TEPL reserves the right to deduct from your
mCash Account any fees, charges or other amounts which are payable by you to TEPL,
whether under these Terms or otherwise.
7.
Erroneous Transaction
7.1
TEPL is entitled to, at any time and without prior notice to you, deduct from your mCash
Account any monies wrongly credited into your mCash Account and/or reverse any
transaction carried out under your mCash Account, whether due to mobile networks or
delivery systems error or otherwise.
8.
Intellectual Property Rights
8.1
All Intellectual Property in or relating to the mCash Service belongs solely to TEPL and its
licensors. Nothing in these Terms shall be construed as granting you, by implication, estoppel
or otherwise, any licence or right to use any Intellectual Property in or relating to the mCash
Service without the prior written consent of TEPL and/or its licensors. Any right not expressly
granted herein is reserved.
8.2
You acknowledge and agree that the grant to you of a right to use the mCash Service and
your mCash Account shall not be construed as granting, by implication, estoppel or otherwise,
any licence or right to use the trademarks, tradenames, logos or service marks appearing on
the mCash Service and your mCash Account without the prior written consent of TEPL and/or
its licensors. Any right not expressly granted herein is reserved.
8.3
You shall not, and shall not attempt or assist another person to, tamper, modify, reverseengineer, disassemble, decompile or otherwise attempt to derive the source code of your
mCash Account (including the software or otherwise), in any manner not expressly permitted
by TEPL. For the purposes of these Terms, "reverse engineer" shall include the examination
or analysis of your mCash Account to determine the source code, structure, organisation,
internal design, algorithms or encryption devices of the underlying technology of your mCash
Account.
9.
Indemnity
9.1
To the extent permitted by applicable law, you shall indemnify, defend and hold harmless
TEPL, all SingTel Group Corporations, and each of their directors, officers, employees,
suppliers, licensors and agents, and any third party content providers (the “Indemnified
Parties”), from and against any and all losses, liabilities, costs (including legal costs incurred
in defending any such actions, claims or proceedings), damages, claims, expenses, actions
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and proceedings whatsoever, which may be brought or commenced against any Indemnified
Party by any person or which any Indemnified Party may sustain, incur or suffer, as the case
maybe, arising from or in connection with:
(a)
your use of the mCash Service; and/or
(b)
your breach of any provision of these Terms.
9.2
Your obligations under this Clause 9 shall survive any termination of the provision of the
mCash Service to you and your use of your mCash Account. TEPL reserves the right to
assume the defence and control of any claim, demand or action, subject to indemnification by
you, in which event you shall cooperate with TEPL in asserting any available defences.
10.
Service Limitation, Exclusion and Limitation of Liability
10.1
You acknowledge and agree that the provision of the mCash Service to you is subject to the
following:
10.2
10.1.1
availability of a suitable mobile handset or device that is compatible for use with the
mCash Service and the relevant Linked Service(s);
10.1.2
availability and connectivity of a suitable network infrastructure at the time when the
mCash Service is used or accessed; and
10.1.3
geographic and technical capability of the mobile networks and delivery systems at
the time and location when and where the mCash Service is used or accessed.
You further acknowledge and accept that, to the extent permitted by applicable law:
10.2.1
without prejudice to Clause 10.4, TEPL expressly excludes any guarantee,
representation, warranty, condition, term or undertaking of any kind (including
warranties of non-infringement of Intellectual Property rights), whether express or
implied, statutory or otherwise, or any representations or warranties arising from
usage or custom or trade or by operation of law, including without limitation as to the
sequence, originality, correctness, completeness, accuracy, merchantability or fitness
for any particular purpose, relating to or arising from your use of the mCash Service;
10.2.2
you are solely responsible for ensuring the accuracy, adequacy and completeness of
each transaction carried out through your mCash Account and TEPL shall not be
obliged to verify the accuracy, adequacy and completeness of any such transaction;
and
10.2.3
TEPL shall not be liable in any way to you for any and all losses, liabilities, costs,
damages, claims, expenses or compensations whatsoever, whether direct, indirect or
consequential (including damages arising from cyber attacks) in respect of any matter
of whatever nature and howsoever arising (whether in contract, tort, negligence or
otherwise) in connection with the provision of the mCash Service and any transaction
carried out through your mCash Account, including:
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(i)
as a result of any transaction carried out through your mCash Account being
inaccurate, inadequate, incomplete, ambiguous or inconsistent in any way;
(ii)
due to any failure, refusal, delay or error by any Service Provider;
(iii)
from any unauthorised payments or otherwise,
(iv)
your transfer of funds to the wrong mCash Account or wrong recipient;
(v)
the disclosure by TEPL and/or any SingTel Group Corporation of any
Customer Information where such disclosure is made in compliance with
these Terms; or
(vi)
the use in any manner and/or for any purpose whatsoever by any person at
any time whatsoever and from to time of any Customer Information or
information transmitted through the use of the mCash Service and/or relating
to the use of mCash Service;
save where such losses or damages arise directly as a result of TEPL’s fraud, gross
negligence or wilful misconduct.
10.3
To the extent that the limitation of liability set out above is not permitted by law, TEPL’s
liability to you 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
your use of the mCash Service or otherwise in relation to these Terms shall not exceed the
amount held in your mCash Account at the material time of loss, or the actual loss or damage,
whichever is the lower.
10.4
TEPL does not represent or provide any warranties that:
10.4.1
the mCash Service will meet your requirements;
10.4.2
the mCash Service and/or your mCash Account will always be available, accessible,
or function or inter-operate with any other system to any extent; or
10.4.3
your access and/or use of the mCash Service and/or your mCash Account will be
uninterrupted, timely, secure or error-free.
11.
Force Majeure
11.1
TEPL shall not be liable to you or be deemed to be in breach of these Terms by reason of any
delay in performing, or any failure to perform, any of its obligations (including the provision of
the mCash Service to you or making the mCash Service and your mCash Account accessible
to you), if the delay or failure was due to a Force Majeure Event.
12.
Right to Collect, Use and Disclose Data and Information connected with the Customer
Information
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12.1
Save with the Customer’s agreement, consent or authority (including agreement, consent and
authority given or granted pursuant to this Clause 12 and the SingTel Data Protection Policy),
TEPL shall not collect, use or disclose Customer Information for any purpose other than the
purposes permitted under the applicable law. In addition to Clause 12, the Customer may give
its agreement, consent or authority to all collection, use and disclosure by TEPL of Customer
Information, for any purpose(s) requested by TEPL, by any form of writing or by the
acceptance by the Customer of any relevant terms and conditions (including in these Terms
and SingTel Data Protection Policy) which refer to such consent or authority.
12.2
TEPL shall be entitled to request for, retrieve and collect any information from or relating to
you from time to time which TEPL may require for the purposes of the Registration
Application, mCash Service and its performance of any of its obligations under these Terms.
12.3
You hereby affirmatively agree, consent to and authorise the collection, retrieval, use and
disclosure, by and on behalf of TEPL, any and all Customer Information disclosed by you to
TEPL and/or any SingTel Group Corporation or collected by TEPL (including any information
of a Customer collected, used or disclosed as described in the SingTel Data Protection
Policy), in the manner and for the purposes set out in the SingTel Data Protection Policy,
including for the following purposes:
12.3.1
considering whether to provide you with the services you applied for and processing
your application for the services;
12.3.2
administering and/or managing your relationship and/or account with TEPL (including
carrying out your instructions or responding to any enquiries by you);
12.3.3
carrying out verifications, conduct of anti-money laundering or countering the
financing of terrorism checks or otherwise to facilitate the provision of the mCash
Service and/or Linked Services to you;
12.3.4
dealing in any matters relating to the services and/or products which you are applying
for or have applied for (including the mailing of correspondence, statements, invoices,
reports or notices to you, which could involve disclosure of certain personal data
about you to bring about delivery of the same as well as on the external cover of
envelopes/mail packages);
12.3.5
investigating fraud, misconduct, any unlawful action or omission, whether relating to
your application, your claims or any other matter relating to your relationship and / or
account with TEPL, and whether or not there is any suspicious of the aforementioned;
12.3.6
for meeting legal, regulatory and other compliance requirements (including disclosure
to all government agencies and authorities, regulators, exchanges, clearing houses,
markets or depositories); and
12.3.7
providing you with information, offering rewards, conducting market research and
other survey, maintaining safety and security, and other purposes as further
described in the SingTel Data Protection Policy,
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(collectively, the “Purposes”).
The provisions of this Clause 12.3 shall also constitute consent of the Customer for the
purpose of the provisions of the Spam Control Act and other applicable law, unless otherwise
notified in writing by the Customer in the procedure as determined by TEPL (or SingTel Group
Corporation) from time to time, including as may be described in the SingTel Data Protection
Policy.
12.4
You hereby affirmatively agree, consent to and authorise the disclosure and/or transfer out of
Singapore (if applicable), by and on behalf of TEPL, of your personal data, to its third party
service providers or agents (including its lawyers), where such third party service providers or
agents engaged by TEPL would be processing your personal data for TEPL for any of the
Purposes.
12.5
The Customer hereby represents, warrants and undertakes to TEPL that where the Customer
or their representative is responsible for the provision of any information or data relating to
any natural person to the TEPL, or actually provides any such information or data to the TEPL,
the Customer has informed each such person and each such person has given consent to the
TEPL’s collection, use and disclosure of their personal data as described under these Terms
and the SingTel Data Protection Policy.
12.6
You agree that TEPL may retain all Customer Information disclosed by you for the purposes
of the mCash Service (and any transaction carried out on your mCash Account in respect
thereof) and in compliance with all applicable laws and regulations.
12.7
If you wish to withdraw your consent given under Clause 12.3, you are required to submit a
request to TEPL (in such form as may be specified by TEPL from time to time), whereupon
the provision of the mCash Service to you will be terminated.
12.8
You hereby consent to TEPL sending SMS notifications to you or contacting you in any other
manner at any time and from time to time in relation to the mCash Service (including in
respect of your mCash Account).
13.
Termination
13.1
TEPL reserves all rights, in its discretion, to terminate the provision of the mCash Service (in
whole or in respect of you) at any time, with immediate effect or on such other date as TEPL
may state, by giving written notice to you in accordance with Clause 19 or upon posting on
the TEPL Website.
13.2
If you decide to suspend or terminate the mCash Service, you are required to submit a
request to TEPL (in such form as may be specified by TEPL from time to time) to effect such
suspension or termination. You acknowledge and agree that you will be subject to such terms
and conditions as may be applicable in respect of such suspension or termination.
13.3
Notwithstanding anything contained herein and without prejudice to Clause 13.1, TEPL may
suspend (indefinitely or for such period as TEPL may consider appropriate) or terminate the
provision of the mCash Service to you immediately by giving written notice to you if:
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13.3.1
you have, or TEPL has reason to believe that you have, committed a breach of any of
the provisions of these Terms;
13.3.2
TEPL has reason to believe that you have misused or are likely to misuse the mCash
Service (including for any unauthorised use or any criminal or illegal purpose);
13.3.3
TEPL has reason to believe that you are using the mCash Service or your mCash
Account on behalf of another party;
13.3.4
TEPL is required to do so in order to comply with any applicable law and/or any
direction, order or requirement of any applicable regulatory authority or law
enforcement body;
13.3.5
there is a material security threat to the mCash Service and/or any other services
provided by TEPL (including risk of money laundering or terrorist financing, hacking
or through the introduction of viruses or other malicious code);
13.3.6
you become bankrupt or generally fail or are unable to pay any of your debts as they
fall due;
13.3.7
in TEPL’s opinion, you have perpetrated a fraud on TEPL or any SingTel Group
Corporation or have conducted yourself in a manner which may result in perpetrating
(or which, in TEPL’s opinion, constitutes an attempt to perpetrate) a fraud on TEPL or
any SingTel Group Corporation;
13.3.8
you die, or become mentally incapacitated or suffer some other form of legal disability;
13.3.9
any information provided by you to TEPL in connection with your use of the mCash
Service is found to be false, misleading or incorrect;
13.3.10 you have, or TEPL has reason to believe that you have, caused or attempted to
cause failure, interruption, disruption or congestion in any network or system in
connection with the mCash Service or the Linked Services; or
13.3.11 any representation or warranty made by you to TEPL in connection with these Terms
is incorrect or misleading.
13.4
TEPL shall be entitled to suspend the provision of the mCash Service to you at any time
without giving any reason and without prior notification to you. Further, TEPL shall be entitled
to freeze the money in your mCash Account pursuant to applicable law, direction or order of
regulatory authorities.
13.5
You shall not be entitled to any payment, compensation or damages from TEPL in relation to
the termination of the provision of the mCash Service to you, except for the refunds specified
in Clause 13.7.4. The termination of the provision of the mCash Service to you shall not
release you from any liability which at the time of termination has already accrued.
13.6
TEPL’s right to suspend or terminate the provision of the mCash Service to you shall be
without prejudice to any other rights or remedies which TEPL may have under these Terms.
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13.7
Upon the termination of the provision of the mCash Service to you in accordance with Clause
13:
13.7.1
you shall immediately cease to have any right or benefit under these Terms;
13.7.2
any transactions made on your mCash Account that have not been completed will be
terminated and the amounts transferred to the relevant Service Provider will be
refunded to your mCash Account;
13.7.3
all sums due or accruing due or payable to TEPL under these Terms up to and
including the date of termination shall become immediately due and payable to TEPL;
13.7.4
TEPL will, subject to Clause 13.8, refund the money in your mCash Account to you.
The refund of the money in your mCash Account may be subject to additional
administrative fees (the quantum of which shall be as determined by TEPL and
posted on the TEPL Website from time to time) and will be made in such manner as
may be specified by TEPL from time to time; and
13.7.5
save for provisions which expressly provide otherwise, neither TEPL nor you shall
have any further obligations to each other under these Terms.
13.8
Where you are a customer of SingTel Mobile or any SingTel Group Corporation and have
outstanding payments due to any SingTel Group Corporation, TEPL shall be entitled to first
set-off the outstanding payments due to such SingTel Group Corporation against the money
in your mCash Account and refund to you the balance of money (if any) in your mCash
Account.
14.
Set-off
14.1
Without prejudice and in addition to any right of set-off to which TEPL is otherwise entitled,
TEPL may, at any time, upon written notice to you, set-off any amounts owing by you to TEPL
against any amounts which TEPL owes to you. Notwithstanding the foregoing, in the event
that you breach any provision of these Terms, TEPL may perform such set-off without notice
to you.
15.
Amendment and Variation
15.1
TEPL reserves the right to amend, modify, add to or otherwise vary these Terms (including
any amendments made to the SingTel Data Protection Policy) from time to time by giving
seven (7) calendar days’ notice thereof to you and any such amendment, modification or
supplement shall take effect as from the date specified in such notice. Any such notice given
by TEPL in accordance with Clause 15.1, by posting on TEPL Website or by otherwise
making public such notice in any other manner deemed appropriate by TEPL, shall constitute
good and sufficient notice thereof to you by TEPL and shall be deemed to have been received
by you in accordance with this Clause or on the date of such posting or the making public of
such notice, as applicable. Your continued use of the mCash Service (including the carrying
out of any transaction relating to your mCash Account) shall be deemed to be your conclusive
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acceptance of such amendments, modifications or variations to these Terms and you shall be
bound by these Terms so amended.
16.
Waiver
16.1
No failure to exercise or enforce, and no delay on the part of TEPL in exercising or enforcing
its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in
any way prejudice or affect the rights of TEPL at any time.
17.
Assignment
17.1
You shall not assign, transfer or encumber any or all of your rights, interests and obligations
under these Terms without the prior written consent of TEPL.
17.2
TEPL may assign and transfer any or all of its rights, interests and obligations under these
Terms to any SingTel Group Corporation. Any such assignment or transfer shall take effect
upon posting on the TEPL Website or on such date as may be otherwise stated. In the event
that TEPL assigns and transfers all its rights, interests and obligations under these Terms:
17.2.1
all references to TEPL in these Terms shall upon and after any such assignment and
transfer be construed as a reference to the assignee and transferee of TEPL; and
17.2.2
such assignee and transferee shall be entitled to enforce all rights and perform all
obligations of TEPL and to be paid all sums due from you under these Terms as at
the date of such assignment and transfer thereafter.
18.
Applicable Laws
18.1
These Terms herein shall be subject to and construed in accordance with the laws of the
Republic of Singapore and you hereby submit to the non-exclusive jurisdiction of the courts of
Singapore.
19.
Notices and Correspondence
19.1
All notices and communications by TEPL to you may be sent or despatched to you by delivery,
post, e-mail, SMS or facsimile transmission or any other means deemed appropriate by TEPL,
to your e-mail or other address or mobile or facsimile number appearing in any of your
records maintained by TEPL or from which any communication by you to TEPL was
despatched or issued or otherwise last known to TEPL. Any such notice, demand or
communication addressed and so despatched to you shall be deemed to have been received
by you:
19.1.1
in the case of despatch by e-mail, SMS or facsimile transmission or other
instantaneous electronic communications, immediately upon transmission by TEPL;
19.1.2
in the case of despatch by delivery to your address, on the date and at the time it was
so delivered or left at that address; and
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19.1.3
in the case of despatch by post:
(i)
to any address in Singapore, on the next day after it was posted by TEPL; or
(ii)
to any address outside Singapore, on the seventh day after it was posted by
TEPL.
19.2
All notices and requests from you to TEPL shall be in writing unless otherwise specified by
TEPL to you. TEPL shall be entitled to regard as ineffective and invalid any notice or request
by you the receipt of which has not been confirmed by TEPL to you.
20.
Severability
20.1
Any part of any provision of these Terms that is invalid, unenforceable or illegal shall be
enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed
severed and shall not affect the enforceability of any other part of these Terms, which shall
continue to be valid and enforceable to the fullest extent permitted by law.
21.
Third Party Rights
21.1
Save for the SingTel Group Corporations, no person who is not a party to these Terms has
any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to
enforce or enjoy the benefit of any provision of these Terms.
mCash Terms and Conditions (Effective 8 May 2015)
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