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PART 1: INTRODUCTION Introduction 1.1 These Terms and Conditions (including all agreements and policies referenced in these Terms and Conditions or otherwise applicable to the use of specific features of the FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet and related services that we may agree to provide to you from time to time. 1.2 By completing the signup process, you are deemed to have expressly read, understood and accepted each and every term when you use the Website, FlexPay by MatchMove Mobile 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. Definitions 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: COUNTRY means the country or territory where you are residing and the FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet account and listed in the Fees and Charges updated on our website at www.flexm.com/sg MATCHMOVE – The issuer refers to MatchMove Pay Pte Ltd, 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. It is Licensed, Authorised and Regulated by the Monetary Authority of Singapore (MAS) under the Money Changing and 1 Remittance Act (Chapter 187) for the provision of remittance services with Registration/License number: 01331 issuing under Section 30 of the Money Changing and Remittance Act (Chapter 187). Please note that such licensing does NOT guarantee the performance of the remittance licensee and you take the risk of any loss suffered from the remittance. MERCHANT – refers to any merchants, vendors, persons, corporations or entity honoured to provide goods, products and services to you through FlexPay by MatchMove Mobile 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. FLEXPAY by MATCHMOVE MOBILE WALLET – refers to the account and/or the physical card which is provided to you upon signup at https://wallet.flexm.sg/ and completion of KYC process with us. The 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. The FlexPay branding is authorised by FlexM Pte Ltd Reg. No 201207298R residing at 160 Robinson road, #18-08 SBF Centre, Singapore 068914, the Program Manager of this FlexPay by MatchMove Mobile Wallet. WEBSITE – refers to our website, the address of which is http://www.flexm.com 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. YOU – yourself refers to the FlexM account holders and FlexPay by MatchMove Mobile Wallet users whether in their capacity as Senders, Recipients, or visitors to any of FlexM’s website and/or its applications on mobile devices. PART 2: FLEXPAY by MATCHMOVE MOBILE WALLET AND RELATED SERVICES Use of the FLEXPAY by MATCHMOVE MOBILE WALLET and Related Services. 3.1 Use of FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet and related services, whether authorized or unauthorised. FlexPay by MatchMove Mobile Wallet is not a Credit Card; hence usage shall be dependent on the funded balance linked to the FlexPay by MatchMove Mobile Wallet. 3.2 When you use the FlexPay by MatchMove Mobile 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 soleproprietorships) and offset credit balances (whether matured or not) in these accounts against any liability. You agree that where such combination, consolidation and setoff requires any conversion from one currency into another, we have the right to convert one currency into another in any manner we may determine and at our prevailing rate of exchange. You must indemnify us for any shortfall and be responsible for any losses and risks arising from the conversion. 3.3 Prohibitions You agree not to use FlexPay by MatchMove Mobile 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 FFlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet, we may require you to contact us or temporarily suspend your privileges until we can verify the activity. Validity, Replacement and Refund. 4.1 Unless terminated or cancelled earlier, FlexPay by MatchMove Mobile Wallet shall be valid for a period of time defined by us. Renewal or replacement of the FlexPay by MatchMove Mobile Wallet will be at our sole discretion. Your FlexPay by MatchMove Mobile Wallet shall be valid for the period (“Validity Period”) stated on the FlexPay by MatchMove Mobile Wallet and shall expire on the first day of the following month. You agree and understand that the Validity Period may not be extended. 4.2 Inactive FlexPay by MatchMove Mobile Wallet: where no access or payment transactions are made on FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet, we may notify you by any notice methods mentioned herein and give you the option of maintaining your FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet and thereafter for every month for which the FlexPay by MatchMove Mobile Wallet remains inactive. 4.3 If there is any unused balance in an inactive FlexPay by MatchMove Mobile Wallet when it expires, you shall no longer be entitled to use that unused balance and we may terminate this FlexPay by MatchMove Mobile Wallet and forfeit the unused balance in accordance with applicable laws, and if permitted, to FlexM Pte Ltd. 4.4 We shall not be obligated to process any refund of the available balance on the FlexPay by MatchMove Mobile Wallet before the expiry date of the card. We shall only be obligated to refund you the remaining balance of your FlexPay by MatchMove Mobile 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 http://www.flexm.com/sg; A refundprocessing fee shall apply for each refund, and shall be deducted from the remaining balance stored on FlexPay by MatchMove Mobile 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. Compromise of FLEXPAY by MATCHMOVE VIRTUAL WALLET. 5.1 The security and proper care of your FlexPay by MatchMove Mobile Wallet, as well as the confidentiality of your Security Code shall be your sole responsibility. You accept that you must not give the FlexPay by MatchMove Mobile 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 theFlexPay by MatchMove Mobile Wallet as a result. 5.2 You shall be relieved from any financial exposure resulting from fraudulent or unauthorized use of the FlexPay by MatchMove Mobile Wallet and related services from the time the report of compromise of your FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet. Should you fail to immediately report to us the compromise of your FlexPay by MatchMove Mobile Wallet account upon discovery, we or our affiliated merchants shall be rendered free and harmless from any and all liabilities arising out of the FlexPay by MatchMove Mobile Wallet account’s compromise. 5.3 You will be required to provide your name, address, FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet is lost or stolen, we may issue you a replacement FlexPay by MatchMove Mobile Wallet account with a value equal to the available balance on your FlexPay by MatchMove Mobile Wallet at the time you notified us of the compromise, at our sole discretion. Reload and Transaction. 6.1 We permit a one time topup of up to an amount of money as set forth in Fees and Charges Table while your FlexPay by MatchMove Mobile Wallet registration is being processed. 6.2 Your FlexPay by MatchMove Mobile Wallet is a reloadable account where you have completed all registration requirements as may be determined by us, meaning KnowYourCustomer (KYC) validated. 6.3 Where FlexPay by MatchMove Mobile Wallet has been designated as a reloadable account, the maximum remaining balance on the FlexPay by MatchMove Mobile 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 http://www.flexm.com/sg. Each time you use your FlexPay by MatchMove Mobile Wallet, the amount of the transaction will be debited from your FlexPay by MatchMove Mobile Wallet’s available balance. You agree not to make a purchase or other transaction in excess of your FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet. 6.4 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 FlexPay by MatchMove Mobile Wallet account. “Cancelled” indicates that a transaction has been stopped or reversed. This could be due to inaccurate or incomplete information about your FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet account information, insufficient funds, or another transaction related reason. Transfer Credit Service 7.1 For Senders These terms and conditions (“Terms”) apply to and regulate your use of FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet Account (“ Account”), that we carry out a transaction (“Transfer Credit Transaction”) to transfer an amount specified by you (“Transfer Amount”) from your FlexPay by MatchMove Mobile Wallet account to your designated recipient (“Recipient”). To use the Transfer Credit Service, you will need to: (i) have a valid and active FlexPay by MatchMove Mobile Wallet Account; and (ii) have Verified Your Identitiy (“KYC”) by us If you wish to carry out a Transfer Credit Transaction, you must submit a Transaction Request to initiate such Transfer Credit Transaction. When submitting a Transaction Request, you shall provide such information as may be requested by us (including the Recipient’s contact details); and You are responsible for ensuring, and you warrant, the truthfulness, accuracy and completeness of all information provided in respect of such Transaction Request, including but not limited to the Recipient’s contact details. Once a Transaction Request has been credited into the Recipient’s Account, you will not be able to withdraw, cancel or make any changes to such Transaction Request. We shall be entitled, at our absolute discretion, to reject or refuse to accept or process or to cancel any Transaction Request or Transfer Credit Transaction and shall not be required to give any reason for the same. Following the acceptance by us of a Transaction Request, the Recipient will, depending on the contact details provided by you, be notified by email, or through SMS, that you have transferred the credit to the Recipient’s Account. The Transfer Amount that has been transferred by you (whether pursuant to a single or multiple Transaction Requests) is subject to a daily limit of SGD 1,000 (one thousand Singapore dollars) per transaction, and/or a monthly limit of SGD 3,000 (three thousand Singapore dollars) worth of total transactions. This limit is reset at midnight (Country time) daily. We may, in our absolute discretion, alter any limit or impose additional limits on the Transfer Amount(s) that may be transferred by you, whether on a per transaction basis or an aggregated basis, without prior notice to you. In relation to each Transfer Credit Transaction: The notifications will be sent to you in connection with you successfully optingin for the Transfer Credit Service either by SMS or and email. You acknowledge and agree that you are responsible for providing the correct Recipient’s contact details to enable the Transfer Credit Transaction into the Recipient’s Account, and ensuring that the Recipient safekeeps and maintains the confidentiality of his own Account. You hereby instruct and authorise us to debit your Account and transfer or procure the transfer of the Transfer Amount to the Recipient’s Account. The Recipient must have a valid FlexPay by MatchMove Mobile Wallet Account. The Recipient must request an OTP to enable the Transfer Credit Transaction to be credited into his Account, must comply with such instructions as may be prescribed by us and have the KYC process done in order for the Transfer Amount to be credited into his/her Account. l. If the Transfer Credit Transaction is unsuccessful but the Transfer Amount has been debited from your Account, we shall arrange for the Transfer Amount to be credited back to your Account. You acknowledge and agree that, for the purposes of the Transfer Credit Service, the Account will be accessing and using the information in your FlexPay by MatchMove Mobile Wallet Account, and you hereby consent to the FlexPay by MatchMove Mobile Wallet accessing and using such information for the provision of the Transfer Credit Service and authorise us to contact your designated Recipients using such information (including through private emails via your FlexPay by MatchMove Mobile Wallet account) on your behalf. We reserve the right to impose charges or to revise at any time such charges for the use of the Transfer Credit Service and/or the Account upon written notice to you. Such charges or revisions shall take effect from the date stated in the notice. Where you continue to use the Account or submit any Transaction Request after such notification, you shall be deemed to have agreed to and accepted such charges or revisions to such charges. We expressly exclude any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of, the Transfer Credit Service or in relation to the processing of or any other matter relating to any Transaction Request or Transfer Credit Transaction. Without prejudice to the foregoing, the acceptance by us of your submission of a Transaction Request does not amount to a representation or warranty by us that it will, and does not impose any obligation on us to, process the Transfer Credit Transaction or transfer the Transfer Amount to the Recipient and we do not represent or warrant that: (i) the Transfer Amount has been successfully transferred to the Recipient’s Account; or (ii) the Transfer Amount has not been credited, or has failed to be credited to the the Recipient’s Account within 7 days from the date of the Transaction Request. (iii) the Transfer Credit Service will meet your requirements; (iv) the Transfer Credit Service will always be available, accessible, function or interoperate with any network infrastructure, system or such other services as FlexPay by MatchMove Mobile Wallet may offer from time to time; or (v) your use of the Transfer Credit Service or FlexPay by MatchMove Mobile Wallet’s processing of any Transaction Request or Transfer Credit Transaction will be uninterrupted, timely, secure or free of any virus or error. You acknowledge and agree that, to the extent permitted under applicable law, we shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with: (i) the provision by us of or your use of the Transfer Credit Service and/or the Account; (ii) the processing of any Transaction Request or Transfer Credit Transaction; (iii) any Transfer Credit Transaction being unsuccessful or considered as unsuccessful or any Transfer Amount not having been transferred to the Recipient’s FlexPay by MatchMove Mobile 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); (iv) any failure, refusal, delay or error by any third party or third party system through whom or which any Transfer Credit Transaction is made; (v) any unauthorised access of the Account; (vi) 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; (vii) any event the occurrence of which we are not able to control or avoid by the use of reasonable diligence; and/or (viii) the suspension, termination or discontinuance of the Transfer Credit Service. To the extent that any of the limitations set out above are not permitted by law, our liability to you arising from or in respect of each Transfer Credit Transaction, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to our provision of the Transfer Credit Service and/or the Account and/or under or relating to these Terms shall not exceed the value of such Transfer Credit Transaction. You represent and warrant that, in relation to each Transfer Credit Transaction, you have obtained the necessary consent of the relevant Recipient to disclose such Recipient’s personal data (including contact details) to us and for us to use and disclose such Recipient’s personal data (including contact details to contact the Recipient in the manner set out in paragraph 6) as required for the purposes of the Transfer Credit Service. We shall be entitled to exercise any of its rights and remedies under this Terms and Conditions governing Online Transaction Services (including the right to withdraw, restrict, suspend, vary or modify FlexPay by MatchMove Mobile Wallet Transfer Credit Service (whether in whole or in part)). 7.2 For Recipients 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 FlexPay by MatchMove Mobile 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: (i) the unique URL which may be accessed via the email or SMS provided to you informing you of the Transfer Credit Transaction; or (ii) 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. In order to receive the Transfer Amount, you must: (i) Have a FlexPay by MatchMove Mobile Wallet Account; and (ii) Have passed the KYC process by us. You are responsible for ensuring, and you warrant, the truthfulness, accuracy and completeness of all information provided in your request to receive the Transfer Amount and/or when using the Transfer Credit Service, including but not limited to the details of your designated FlexPay by MatchMove Mobile Wallet Account. In addition, you represent and warrant that you are the intended recipient of the Transfer Amount and that you are the legal and beneficial holder of the designated FlexPay by MatchMove Mobile Wallet Account to which the Transfer Amount is to be credited. We shall be entitled, at its absolute discretion, to reject or refuse to process any request to receive the Transfer Amount and shall not be required to give any reason for the same. Following verification of OTP, We shall endeavor to credit the Transfer Amount to yourFlexPay by MatchMove Mobile Wallet account. If the Transfer Credit Transaction cannot be or is not completed for any reason, we shall not be liable to you in respect of the incomplete Transfer Credit Transaction, including without limitation, your nonreceipt of the Transfer Amount. We expressly exclude any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of the Transfer Credit Service or in relation to the processing of or any other matter relating to a request to receive the Transfer Amount. Without prejudice to the foregoing, your possession or provision of the Security Code does not amount to a representation or warranty by us that it will, and does not impose any obligation on us to, credit the Transfer Amount to your FlexPay by MatchMove Mobile Wallet Account and we do not represent or warrant that: (i) The One Time Password (“OTP”) sent to your mobile is invalid or has ceased to be valid; or (ii) any information provided by you is invalid or incorrect; (iii) the Transfer Credit Service will meet your requirements; (iv) 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 (v) 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. You acknowledge and agree that, to the extent permitted under applicable law, we shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, 10 actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with: (i) the provision by us of or your use of the Transfer Credit Service; (ii) the processing of a request to receive the Transfer Amount; (iii) any Transfer Credit Transaction being considered as incomplete or any Transfer Amount failing to be credited to your designated FlexPay by MatchMove Mobile 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; (iv) 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; (v) any event the occurrence of which FlexPay by MatchMove Mobile Wallet is not able to control or avoid by the use of reasonable diligence; and/or (vi) the suspension, termination or discontinuance of the Transfer Credit Service. We shall not be liable and you agree to indemnify use and keep FlexM Pte Ltd and its payment services indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by us in providing the Transfer Credit Service, whether or not arising from or in connection with and including but not limited to the following: (i) any improper or unauthorised use of the Transfer Credit Service by you; (ii) any act or omission by any relevant mobile or internet service provider; (iii) any delay or failure in any transmission, despatch or communication facilities; (iv) any access (or inability or delay in accessing) and/or use of the Transfer Credit Service; or (v) any breach by you of any warranty under or provision of these Terms. 7.3 To the extent that any of the limitations set out above are not permitted by law, our liability to you arising from or in respect of the Transfer Credit Transaction, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to the Transfer Credit Service and/or under or relating to these Terms shall not exceed the value of the Transfer Credit Transaction. Transaction History. You may access the FlexPay by MatchMove Mobile 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 FlexPay by MatchMove Mobile Wallet system. Disputes and Erroneous Transactions. 9.1 The details in the SMS/email confirmation message after every transaction and/or the entries in the Transaction History are presumed true and correct unless you notify us in writing of any disputes thereon within twenty four (24) hours from the time of transaction. If no dispute is reported within the mentioned period, all transactions and the entries in the Transaction History are considered conclusively true and correct. 9.2 Disputed transactions shall only be credited back to your FlexPay by MatchMove Mobile 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: REMITTANCE AND RELATED SERVICES REMITTANCE SERVICE FlexPay remittance service is provided by MatchMove Pay Pte Ltd, a regulated remittance business (License RA 01464) by The Monetary Authority of Singapore(MAS). FlexM Pte Ltd is a co-brand partner of MatchMove Pay Pte Ltd under a commercial agreement between FlexM Pte Ltd and MatchMove Pay Pte Ltd 10.1 Definitions and Interpretations In these General Terms and Conditions for Remittance Service, the following words and expressions shall have the following meanings: 10.1.1 “AML” means anti-money laundering. 10.1.2 “Beneficiary” in relation to a Customer, means an individual who is designated by such Customer to receive funds via the Remittance Service, subject nevertheless to Clause 3.5. 10.1.3 “Business Day” means a day, other than a Saturday, Sunday or public holiday in Singapore, on which banks are open for the transaction of general business in Singapore. 10.1.4 “CFT” means countering the financing of terrorism. 10.1.5 “Converted Amount” means, in respect of a Remittance Service Transaction, the amount in the currency of the relevant Territory that is credited into a Beneficiary’s bank account or a Beneficiary’s Mobile Wallet Balance or made available by the relevant MTO Cash-Out Agent for a Beneficiary’s self-collection, after converting the Remittance Amount based on the applicable Exchange Rate for the time being, subject nevertheless to the relevant terms of the MTO Cash-Out Agent, which may apply to such transaction. 10.1.6 “Customer” means a natural person whose Registration Application has been accepted by FlexM Pte Ltd and its service FlexPay by MatchMove and in relation to whom the provision of the Remittance Service by MatchMove has not been suspended or terminated for any reason whatsoever. 10.1.7 “Customer Information” means, in relation to a Customer, all information which FlexM Pte Ltd obtains as a result of the Customer’s use of the Remittance Service or in connection with the contract or agreement between the Customer and FlexM, including any information which relates to a Remittance Service Transaction, information which identifies or which relates to an individual (including Beneficiary), whether true or not, and any information of the Customer collected, used or disclosed as described in the FlexM Data Protection Policy. 10.1.8 “Exchange Rate” in relation to a Remittance Service Transaction, means the rate at which the Remittance Amount is converted into the Converted Amount. 10.1.9 “General Terms” means these General Terms and Conditions for Remittance Service, including any amendments thereto that FlexM may make from time to time in its sole and absolute discretion. 10.1.10 “IMDA” means the Info-communications Media Development Authority. 10.1.11 “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. 10.1.12 “FlexM APP and FlexPay by MatchMove” means the application(s) for mobile devices(available for download from a Play Store) offered, operated and maintained by or on behalf of FlexM from Singapore, whether jointly with any other banks or persons or otherwise, through which certain products, services and functionalities, as FlexM may determine from time to time at its sole and absolute discretion, are offered and may be accessed and used, and shall include any derivation or upgrade of such applications as may be made available by FlexM, whether jointly with any other banks or persons or otherwise, from time to time. 10.1.13 “Remittance Service”, also known as or means the cross-border remittance service provided by MatchMove Pay Pte Ltd, a regulated remittance business (License RA 01464) by The Monetary Authority of Singapore(MAS). FlexM Pte Ltd is a co-brand partner of MatchMove Pay Pte Ltd under a commercial agreement between FlexM Pte Ltd and MatchMove Pay Pte Ltd that enables a Customer to remit funds to the Customer’s designated Beneficiaries in the manner and subject to the terms and conditions set out in these General Terms. 10.1.14 “Remittance Service Transaction” means a remittance transaction performed at the Customer’s request using the Remittance Service to transfer funds to a Beneficiary in the relevant Territory. 10.1.15 “MTO” means an overseas money transfer operator who operates an international money transfer network with cash-out agents (such as banks and retail outlets) in the relevant Territory (“MTO Cash-Out Agent”) and who has entered into an agreement with MatchMove Pay Pte Ltd to participate in the provision of the Remittance Service. 10.1.16 “FlexM Data Protection Policy” means the current version of the data protection policy available at www.flexm.com or such other internet website as may be maintained in respect of such policy. 10.1.17 “Registration Application” shall have the meaning ascribed to it in Clause 3.1. 10.1.18 “Remittance Amount” means, in respect of a Remittance service Transaction, the amount in Singapore Dollars, as specified by a Customer to be remitted to the relevant Beneficiary when making a Transaction Request (prior to any conversion of such amount). 10.1.19 “Singapore Dollars” or “S$” means the lawful currency of Singapore. 10.1.20 “MatchMove” means MatchMove Pay Pte Ltd (Company Registration Number 200902936W) and its successors. MatchMove is the holder of a remittance licence (License RA 01464) issued under the Money-Changing and Remittance Businesses Act. 10.1.21 “FlexM Stores” means a physical counter operated by FlexM in Singapore to provide services in relation to FlexPay by MatchMove and is located at FlexM @ Lucky Plaza, Blk 304 Orchard Road, #02-56 Lucky Plaza, Singapore 238863 and FlexM @ City Plaza, Blk 810 Geylang Road #03-143 City Plaza, Singapore 409286. 10.1.22 “Territory” means the Philippines, Indonesia, India, Bangladesh or any other country designated as a participant country by MatchMove in its sole and absolute discretion from time to time. 10.1.23 “Transaction Request” shall have the meaning ascribed to it in Clause4.1. 10.1.24 The headings or titles to the Clauses in these General Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these General Terms. 10.1.25 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. 10.1.26 Any reference in these General Terms to any Clause shall be construed as a reference to a clause in these General Terms unless otherwise expressly stated. 10.1.27 The words “include” or “including” in these General 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. 10.2 Eligibility for the application and use of the Remittance Service 10.2.1 The Customer acknowledges and agrees that in order to be eligible to apply for and to continue to use the Remittance Service: (a)the Customer is required to comply with the provisions of these General Terms including specific criteria in relation to the relevant Territory as set out by FlexM from time to time; and the Customer is required to register for a FlexM account and comply with the provisions and terms. 10.2.2 The Customer acknowledges and agrees that the Customer: (a) is of legal age of majority to contract in the jurisdiction in which the Customer resides (and in any event, no less than eighteen (18) years of age) and legally capable and permitted to accede to these General Terms; and (b) has full capacity, authority and legal right to enter into and engage in Remittance Service Transactions, and has taken or obtained all necessary action and consents to authorize the Customer’s entry into and performance of the Customer’s obligations in respect thereof in accordance with all applicable laws and regulations. 10.3 Registration for Remittance Service 10.3.1 Any individual who wishes to be registered as a Customer of the Remittance Service must submit an application (in such form as FlexM may require from time to time) (“Registration Application”) through any one of the following channels: (a) in person at a FlexM Stores or such other authorized locations as may be determined by FlexM from time to time; or (b) at road shows organized by FlexM from time to time. Each Registration Application must be followed with the submission, in person and at a FlexM Store (or roadshow location if any), of such supporting documentation and information as FlexM may require from time to time in order to identify the individual. All information provided in or pursuant to such Registration Application must be truthful, accurate and complete as at the time of application and throughout such time as the individual is a Customer of the Remittance Service. FlexM may take up to three (3) Business Days to process any Registration Application. 10.3.2 The Customer is also required to provide FlexM with such information relating to each Beneficiary as may be required by FlexM or MatchMove, and MTO Cash-Out Agent in the Territory to which the Customer proposes to remit monies to such Beneficiary using the Remittance Service. The information to be submitted by the Customer under this Clause 3.2 shall be submitted by the Customer: (a) in person at a FlexM Stores or such other authorized locations as may be determined by FlexM from time to time; or (b) at roadshows organized by FlexM from time to time. The Customer shall notify FlexM of any change to a Beneficiary’s information (including in relation to any change of such Beneficiary). 10.3.3 FlexM retains the sole and absolute discretion to approve or reject any Registration Application in whole or in part (including in relation to the designation of any Beneficiaries). FlexM or MatchMove shall not be required to provide any reason or explanation for its decision. Without prejudice to the foregoing, any reason or explanation provided by FlexM or MatchMove is for information only, shall not be binding on FlexM or MatchMove, and does not constitute any representation, warranty or undertaking as to future action or otherwise. 10.3.4 Each individual shall be notified whether his or her Registration Application has been accepted or rejected by FlexM. 10.3.5 The Customer may only register for and use the Remittance Service on his own behalf and for the transfer of his own funds and not on behalf of any other person (including natural person or legal person). 10.4 Terms of Use for Remittance Service 10.4.1 Each Customer may at any time submit a request, in such manner and form and together with such valid information and supporting documentation as may be required by FlexM from time to time, for MatchMove to perform and complete a Remittance Service Transaction (“Transaction Request”). A Transaction Request may be made by the Customer only: (a) via the FlexM Mobile Application; provided always that a Customer is required to hold a valid FlexM Account in order to submit a Transaction Request. 10.4.2 The Customer shall confirm and endorse the truthfulness, accuracy and completeness (as at the time of the Transaction Request) of all information provided by the Customer to FlexM in respect of such Transaction Request (including, where appropriate or required by FlexM, information provided by the Customer when registering for the Remittance Service) in such manner and form as may be required by FlexM from time to time (including by signing an acknowledgment receipt). Without prejudice to the generality of the foregoing, where a Transaction Request is submitted via the FlexM Mobile App, the completion and submission by the Customer of each procedural step of such Transaction Request shall be deemed to be the Customer’s confirmation and endorsement of the truthfulness, accuracy and completeness of all information provided by the Customer to FlexM in respect of such Transaction Request. 10.4.3 The Customer may make enquiries in relation to FlexM’s prevailing exchange rates between any two currencies: (a) in person at any of the FlexM Stores where FlexM will quote the prevailing exchange rate for the time being to the Customer at the point of the Customer’s enquiry at the FlexM Stores; (b) via the FlexM Mobile App, where FlexM will quote the prevailing exchange rate for the time being to the Customer; or 10.4.4 FlexM does not, and shall not at any time be deemed to, make any representation or warranty to the Customer that the exchange rate quoted is the best available foreign currency exchange rate and/or that the exchange rate quoted will be the Exchange Rate applied at the time of submission of any Transaction Request. The Customer shall at all times rely on the Customer’s own judgment in deciding whether to accept the prevailing Exchange Rate for the Remittance Service Transaction. Once the Customer proceeds to make the Transaction Request, the Customer shall be deemed to have accepted the prevailing Exchange Rate at the time of submission of a Transaction Request (as determined by FlexM in its sole and absolute discretion) and FlexM will not entertain any request for refund or dispute over the Exchange Rate (including any dispute in relation to any disparity between the exchange rate quoted in any of the modes set out in sub-paragraphs (a) to (b) above and the prevailing Exchange Rate in relation to any Remittance Service Transaction). 10.4.5 The Remittance Amount and all applicable fees must be paid by the Customer only through the FlexM Mobile Wallet in order for FlexM to be obliged to perform or process any Remittance Service Transaction via MatchMove. Where a Customer is making a Transaction Request: (a) via the FlexM Mobile App, the Customer shall make such payment by using the available credit in the Customer’s Mobile wallet balance. 10.4.6 The Remittance Amount may only be converted into the local currency of the Territory to which the moneys are to be remitted. The conversion of the Remittance Amount into the Converted Amount in respect of a Remittance Service Transaction shall be performed at the prevailing Exchange Rate at the time of submission of the Transaction Request (as determined by FlexM or MatchMove in its sole and absolute discretion). 10.4.7 The Customer acknowledges and agrees that the continued provision of the Remittance Service to the Customer and the acceptance and performance by MatchMove of each Remittance Service Transaction pursuant to each Transaction Request is subject to the following conditions: (a) that the Customer is at all times acting only on his own behalf and not on behalf of a third party (including natural person or legal person); (b) the Customer having provided FlexM with complete, accurate and up-to-date information (including but not limited to full names, addresses and mobile numbers) of the Customer and the Beneficiaries (as at the date of the Transaction Request); (c) the Customer having successfully passed all due diligence, checks and verifications of information or otherwise including anti-fraud, anti-terrorism and AML verification, as may be conducted by FlexM from time to time; (d) each Beneficiary having successfully passed all due diligence, checks and verifications of information or otherwise including anti-fraud, anti-terrorism and AML verification, as may be conducted by FlexM or MatchMove, MTO and/or MTO Cash-Out Agent from time to time; (e) where applicable, each Beneficiary having been duly registered with the relevant MTO Cash-Out Agent to receive the funds or, if the Beneficiary has not been duly registered at the time of the Transaction Request, such Beneficiary having performed the requisite registration within the time specified by the relevant MTO Cash-Out Agent; (f) each Beneficiary complying with all the terms and conditions imposed by the relevant MTO Cash-Out Agent to receive the funds via Remittance Service; (g) the acceptance of each Remittance Service Transaction by the relevant MTO or the relevant MTO Cash-Out Agent; (h) satisfaction of such criteria as may be notified by FlexM from time to time in respect of the performance of the Remittance Service Transaction in the relevant Territory; (i) where the payment is to be made by using the available credit in the FlexM Mobile Wallet Balance, the Customer having sufficient credit available in the Customer’s the FlexM Mobile Wallet Balance to fulfill each Transaction Request; and (j) the Customer having paid all applicable fees as may be determined by FlexM from time to time via the FlexM Mobile App. 10.4.8 The Customer acknowledges and agrees that in order for a Beneficiary to receive funds via the Remittance Service, such Beneficiary must, and it is the Customer’s sole responsibility to ensure that such Beneficiary shall at all relevant times: (a) where applicable, be eligible to use the relevant MTO Cash-Out Agent’s Service; and (b) comply with the terms relating to the MTO Cash-Out Agent for the receipt of funds via Remittance Service, and the Customer further acknowledges and agrees that the transfer of funds to any Beneficiary under the Remittance Service shall at all times be subject to any applicable limitations or restrictions under the terms referred to in Clause 4.8(b) above. 10.4.9 The Remittance Amounts for the Customer’s Remittance Service Transactions shall be subject to an aggregate daily maximum limit of Singapore Dollars One Thousand (S$1,000) (or such other amount as FlexM may determine in its sole and absolute discretion) and a monthly aggregate maximum limit of Singapore Dollars Three Thousand (S$3,000) (or such other amount as FlexM may determine in its sole and absolute discretion). FlexM along with MatchMove may, at its sole and absolute discretion, alter any limit or impose additional limits on Remittance Service Transactions, whether on a per transaction basis or an aggregated basis, without prior notice to the Customer. 10.4.10 If the Transaction Request is accepted and processed, the Remittance Amount will be remitted and the Remittance Service Transaction will be deemed to have been completed and the Beneficiary will be deemed to have received the funds once the Converted Amount is remitted into the Beneficiary’s Mobile Money or Beneficiary’s bank account or collected in person by the Beneficiary (where applicable). FlexM will make reasonable efforts to ensure that the Remittance Service Transactions are processed and performed in a timely manner, but makes no representations or warranties regarding the time needed to complete processing or to remit the amount to the relevant MTO or the relevant MTO Cash-Out Agent or into the Beneficiary’s Mobile Money or Beneficiary’s bank account, and will not be liable for any loss or damage to the Customer or the Beneficiary due to any delay in the processing of the Remittance Service Transaction, the remittance of the Remittance Amount, or the receipt of the Converted Amount by the Beneficiary, save where such loss or damage is directly and solely caused by FlexM fraud, gross negligence or wilful misconduct. 10.4.11 If the Exchange Amount: (a) cannot be remitted to the Beneficiary’s Mobile Wallet Balance (including where the Beneficiary does not or is unable to register with the relevant mobile wallet within three (3) calendar days of date of the relevant Transaction Request, (b) cannot be remitted to the Beneficiary’s bank account or the MTO or the relevant MTO Cash-Out Agent within three (3) business days of the date of the relevant Transaction Request, or (c) is not made available by the relevant MTO Cash-Out Agent for the Beneficiary’s self-collection (if applicable) within three (3) calendar days of the date of the relevant Transaction Request, or fails to be collected in person by the Beneficiary within seven (7) calendar days of the date of the relevant Transaction Request, the Customer agrees that the Remittance Service Transaction to be carried out pursuant to such Transaction Request shall be cancelled and FlexM shall refund the Remittance Amount to the Customer in accordance with the provisions of Clause 5. 10.4.12 FlexM shall be entitled, in its sole and absolute discretion, to refuse to perform and/or complete any Remittance Service Transaction (including where the Customer fails to fulfil any of the conditions set out in Clause 4.8). 10.4.13 The Customer shall: (a) in making any Registration Application or Transaction Request, or in using the Remittance Service to enter into any Remittance Service Transaction, comply with all applicable laws, regulations, policies and guidelines; (b) ensure that all information provided to FlexM (including any Beneficiary’s information) is complete, accurate and up-to-date, and in the event of any change in such information, promptly inform FlexM of any such change in person at the FlexM Stores, in such form and with such valid supporting documentation as may be required by FlexM from time to time; (c) upon request by FlexM, provide FlexM, to FlexM’ satisfaction, with copies of valid documents issued by a governmental authority evidencing the Customer’s identity; (d) exercise caution when transferring any Remittance Amount to unfamiliar Beneficiaries and always be alert to the possibility of fraud; and (e) bear the sole responsibility for the use and safeguard of its personal information (including password and/or pin number) when using the Remittance Service and be responsible for all its Transaction Requests. 10.4.14 A Transaction Request once given to FlexM may not be cancelled, withdrawn or amended by the Customer unless FlexM in its sole and absolute discretion consents otherwise. FlexM shall not be liable to the Customer if it does not or is unable to stop or prevent the implementation of the Remittance Service Transaction in response to the Customer’s request to cancel, withdraw or amend the Transaction Request, whether such request is consented to by FlexM or otherwise. 10.4.15 Without prejudice to any other rights of FlexM under these General Terms, FlexM shall be entitled to suspend, and the Customer shall not be entitled to utilize, the Remittance Service if there are two (2) days or less to the expiry of any identification document referred to in Clause 4.14(c) or if such identification document has expired. 10.4.16 The Customer shall bear the sole risk and responsibility for the use of the Remittance Service and agrees that it is solely responsible for evaluating the accuracy, completeness and usefulness of all opinions, advice and other information received with respect to the Remittance Service in determining whether to use the Remittance Service. 10.4.17 Without prejudice to Clause 4.8(a), the Customer shall use the Remittance Service solely for the Customer’s personal remittance needs. Any remittance of funds on behalf of any third party (including natural person or legal person) or for any purpose or to any recipient who is prohibited by any applicable law shall be void and the Customer shall have no rights under these General Terms in respect of such remittance. 10.4.18 The Customer accepts FlexM’s records of Remittance Service Transactions via MatchMove Pay as final and conclusive and binding for all purposes, in the absence of manifest error. 10.4.19 FlexM may record any telephone conversation with the Customer without notice to or consent from the Customer and the Customer shall be deemed to have consented to such recordings. The Customer agrees that such recordings shall be admissible in evidence in any proceedings and shall be binding on the Customer. 10.5 Refunds 10.5.1 FlexM shall not be liable to refund to the Customer the Remittance Amount save under the following circumstances and conditions: (a) where the Remittance Transaction / Transaction Request has been cancelled pursuant to Clause 4.12, upon termination of the Remittance Service to the Customer as provided in Clause 11.6 (b) or where FlexM at its sole and absolute discretion agrees to refund the Remittance Amount (or part thereof); and (c) the Remittance Amount (or part thereof) has not been credited to the Beneficiary’s bank account or the Beneficiary’s Mobile Wallet Balance and/or cashed out by the Beneficiary. 10.5.2 Where FlexM approves the Customer’s request for a refund of the Remittance Amount (or any part thereof) pursuant to Clause 5.1, FlexM will notify the Customer via SMS and/or phone to the Customer’s mobile number registered with the Customer’s FlexM Mobile App Balance as soon as practicable. Where the Transaction Request was made by the Customer at the FlexM Stores, the refund shall be made via crediting only to the Customer’s FlexM Mobile App Account. 10.5.3 Refunds will be for the amount of the Remittance Amount or the Converted Amount converted into Singapore Dollars at such exchange rate as may be determined by FlexM at its sole and absolute discretion, whichever is the lesser, less any fees or charges, including any administrative fees charged by FlexM for any refund, and any fees or charges which may be imposed by the relevant MTO. Refund amounts will not be adjusted to account for changes in the value of the Singapore Dollar against the converted currency from the time that the Remittance Service Transaction was submitted. 10.5.4 The Customer shall direct all enquiries related to refunds to FlexM’s Customer Service at 1800 271 1371 (Singapore) or +65 6271 1371 (International). 10.6 Fees and Charges 10.6.1 FlexM shall be entitled to charge the Customer a fee for each Remittance Service Transaction and an administration fee for any refund of the Remittance Amount (or part thereof) in accordance with Clause 5. The quantum of such fees shall be as determined by FlexM. The Customer may at any time make an enquiry as to the quantum of such fees by calling FlexM’s Customer Service at 1800 271 1371 (Singapore) or +65 6271 1371 (International). 10.6.2 FlexM reserves the right to change and amend at any time the fees for the Remittance Service and the administrative fees for any refund of the Remittance Amount (or part thereof) by FlexM to the Customer. Such changes and amendments shall be effective upon posting on the FlexM Website or on such date as may be otherwise stated. The Customer’s continued use of the Remittance Service or submission of any Transaction Request shall be deemed to be the Customer’s conclusive acceptance of such changes and amendments to such fees. 10.6.3 For the avoidance of any doubt, the Customer acknowledges and agrees that the use by the Customer of any mobile services such as SMS, data and/or telephone calls in relation to any Transaction Request may entail additional charges with the respective mobile service providers and the Customer shall be solely responsible for such charges (where applicable). 6.4 The Customer shall bear and pay all taxes (including goods and services taxes) imposed under applicable laws. Intellectual Property Rights (REMITTANCE) 7.1 All Intellectual Property in or relating to the Remittance Service belongs solely to MatchMove and its licensors. Nothing in these General Terms shall be construed as granting the Customer, by implication, estoppel or otherwise, any license or right to use any Intellectual Property in or relating to the Remittance Service without the prior written consent of MatchMove. Any rights not expressly granted herein are reserved. 7.2 The Customer shall not, and shall not attempt or assist another person to, tamper, modify, reverse-engineer, disassemble, decompile or otherwise attempt to derive the source code of the Remittance Service including the software or otherwise, in any manner not expressly permitted by MatchMove or FlexM. For the purposes of this Agreement, “reverse engineer” shall include the examination or analysis of the Remittance Service to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of the Remittance Service. Indemnity 8.1 To the extent permitted by applicable law, the Customer shall indemnify, defend and hold harmless FlexM and MatchMove Pay and each of their directors, officers, employees, suppliers, MTOs, licensors and agents (the “Indemnified Parties”), from and against any and all losses, damages, claims, costs (including legal costs incurred in defending any such actions, claims or proceedings), expenses, actions, claims 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 may be, arising out of or in connection with or by reason of: (a) the Customer’s use of the Remittance Service; (b) any Remittance Service Transaction carried out pursuant to any Transaction Request made by the Customer; or (c) the Customer’s breach of any provision of these General Terms, save where such losses, damages, claims, costs, expenses, actions, claims and proceedings are directly and solely caused by gross negligence or wilful misconduct. 8.2 The Customer’s obligations under this Clause 8 shall survive any termination of the Customer’s relationship with FlexM or the Customer’s use of the Remittance Service Performed by MatchMove. FlexM reserves the right to assume the defence and control of any claims, demands and actions, subject to indemnification by the Customer, in which event the Customer shall cooperate with FlexM in asserting any available defences. Service Limitation, Exclusion and Limitation of Liability 9.1 The Customer acknowledges and agrees that the provision of the Remittance Service performed by MatchMove via FlexM to the Customer is subject to the following: (a) service conditions which may depend on (without limitation) currency availability, regulatory issues, foreign exchange controls, any relevant bank’s, MTO’s, and MTO’s Cash-Out Agent’s hours of operation, local and foreign holidays; (b) availability and connectivity of a suitable network infrastructure at the time when the Remittance Service is requested or performed; and (c) geographic and technical capability of the delivery systems at the time and location when and where the Remittance Service is requested or performed. 9.2 The Customer further acknowledges and accepts that, to the extent permitted by applicable law: (a) without prejudice to Clause 9.4, FlexM 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 the use of the Remittance Service or the performance by MatchMove of any Remittance Service Transaction; (b) the Customer is solely responsible for ensuring the accuracy, adequacy and completeness of each Transaction Request, including details of the Beneficiary. FlexM shall not be obliged to verify the accuracy, adequacy and completeness of any Transaction Request. FlexM shall not be responsible for any losses, liabilities, costs, expenses, damages, claims or compensations suffered by the Customer as a result of any Transaction Request being inaccurate, inadequate, incomplete, ambiguous or inconsistent in any way, or any failure, refusal, delay or error by any third party through whom the Remittance Service Transaction is made to the intended Beneficiary; and (c) FlexM shall not be liable in any way to the Customer for any and all losses, liabilities, costs, expenses, damages, claims or compensations (including damages arising from cyber attacks and any refunds, save for the refunds in Clause 5) whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise), in connection with the following, save where such losses or damages arise directly as a result of FlexM’s fraud, gross negligence or wilful misconduct: (i) the provision and use of the Remittance Service and the performance of any Remittance Service Transaction, including: (I) any fraudulent Remittance Service Transaction; (II) any Remittance Service Transaction being inaccurate, inadequate, incomplete, ambiguous or inconsistent in any way; (III) any unauthorized use and/or access of the Remittance Service; (IV) any unauthorized payments or otherwise; (V) any failure, delay, interruption to or disruption of the Remittance Service (whether due to any failure, refusal, delay or error by any third party or otherwise) or in the transmission or receipt of any data through the performance of the Remittance Service Transaction, in each case, howsoever caused or arising; and (VI) the Customer’s transfer of funds to the wrong bank account or wrong recipient; (ii) any event the occurrence of which MatchMove or FlexM is not able to control or avoid by the use of reasonable diligence, including the failure, shortage or interruption of electrical power or supply, riots or civil commotion, strikes, lock outs or trade or labour disputes or disturbances, plague, epidemic or quarantine, fire, flood, drought or acts of any government or sovereign, change in any laws, acts of war or terrorism (whether real or perceived), the defaults, omissions and actions of the Monetary Authority of Singapore, any other regulatory authority, any law enforcement body, any IDA licensee and/or any telecommunications service provider, inclement or extreme weather conditions and acts of God; (iii) the disclosure by FlexM of any Customer Information where such disclosure is made in compliance with these General Terms; (iv) 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 Customer Information or information transmitted through the use of the Remittance Service and/or relating to the use of the Remittance Service; (v) any error, omission or inaccuracy in any information provided by FlexM whether to the Customer or any person and whether in any publication relating to the Remittance Service or as part of or in connection with the Remittance Service that is performed by MatchMove; (vi) the suspension, termination or discontinuance of the Remittance Service; and/or (vii) any action taken by or on behalf of FlexM to meet any obligation, whether in Singapore or outside of Singapore, to comply with any applicable law and/or any direction, order and/or requirement of any regulatory authority and/or law enforcement body, including any action taken in connection with the prevention of any unlawful activity including fraud, money laundering, terrorist activity, bribery, corruption and/or tax evasion, and/or the enforcement of any economic and/or trade sanction. 9.3 To the extent that the limitation of liability set out above is not permitted by law, FlexM’s liability to the Customer 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 MatchMove’s provision or operation of the Remittance Service or relating to these General Terms shall not exceed the aggregate of the fees paid by the Customer to FlexM for the Remittance Service during the last three (3) months immediately preceding the time of the claim by the Customer. 9.4 FlexM does not represent or provide any warranty that: (a) the Remittance Service will meet the Customer’s requirements; (b) the Remittance Service will always be available, accessible, function or inter-operate with any MTO Service, the Customer’s Mobile Money, any Beneficiary’s Mobile Money, any mobile network, network infrastructure, system or otherwise to any extent, or such other services as MatchMove may offer from time to time; and (c) the Customer’s use of the Remittance Service or MatchMove’s performance of the Remittance Service Transaction will be uninterrupted, timely, secure or error-free. Right to Collect, Use and Disclose Data and Information connected with the Customer Information 10.1 Save with the Customer’s agreement, consent or authority (including agreement, consent and authority given or granted pursuant to Clause 10.3 and the FlexM’s Data Protection Policy), FlexM shall not collect, use or disclose Customer Information for any purpose other than the purposes permitted under the applicable law. In addition to Clause 10.3, the Customer may give its agreement, consent or authority to all collection, use and disclosure by FlexM of Customer Information, for any purpose(s) requested by FlexM, by any form of writing or by the acceptance by the Customer of any relevant terms and conditions (including in the General Terms and FlexM Data Protection Policy) which refer to such consent or authority. 10.2 FlexM shall be entitled to request for, retrieve and collect any information from or relating to the Customer from time to time which FlexM may require for the purposes of the Remittance Service and its performance of any of its obligations under these General Terms. 10.3 The Customer hereby affirmatively agree, consents to and authorizes the collection, retrieval, use and disclosure by and on behalf of FlexM any and all Customer Information disclosed by the Customer to FlexM or collected by FlexM (including any information of a Customer collected, used or disclosed as described in the FlexM Data Protection Policy), in the manner and for the purposes set out in the FlexM Data Protection Policy, including for the following purposes: (a) considering whether to provide Customer with the services that Customer applied for and processing Customer’s application for the services; (b) administering and/or managing Customer’s relationship and/or account with FlexM (including carrying out Customer’s instructions or responding to any enquiries by Customer); (c) carrying out verifications, the conduct of AML and CFT checks or otherwise to facilitate the provision of the Remittance Service and/or the provision of the FlexM Mobile Wallet FlexPay by MatchMove Service; (d) dealing in any matters relating to the services and/or products which Customer is applying for or has applied for (including the mailing of correspondence, statements, invoices, reports or notices to the Customer, which could involve disclosure of certain personal data about Customer to bring about delivery of the same as well as on the external cover of envelopes/mail packages); (e) investigating fraud, misconduct, any unlawful action or omission, whether relating to Customer’s application, Customer’s claims or any other matter relating to the Customer’s relationship and/or account with FlexM, and whether or not there is any suspicious of the aforementioned; (f) for meeting legal, regulatory and other compliance requirements (including disclosure to all government agencies and authorities, regulators, exchanges, clearing houses, markets or depositories); and (g) for providing the Customer with information, offering rewards, conducting market research and other survey, maintaining safety and security, and other purposes as further described in the FlexM Data Protection Policy,(collectively, the “Purposes”). The provisions of this Clause 10.3 shall 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 FlexM from time to time, including as may be described in the FlexM Data Protection Policy. 10.4 The Customer hereby affirmatively agree, consent to and authorize the disclosure and/or transfer out of Singapore, by and on behalf of FlexM, of Customer Information, to its third party service providers or agents (including its lawyers), where such third party service providers or agents engaged by FlexM would be processing the Customer Information for FlexM for any of the Purposes, and to the relevant Beneficiary in respect of the Remittance Service. 10.5 The Customer hereby represents, warrants and undertakes to FlexM that where the Customer is responsible for the provision of any information or data relating to any natural person to FlexM, or actually provides any such information or data to FlexM, the Customer has informed each such person and each such person has given consent to FlexM’s collection, use and disclosure of their personal data as described under these General Terms and in the FlexM Data Protection Policy. 10.6 Customers who wish to withdraw the consent referred to in this Clause 10 shall submit a request (in such form as specified by FlexM from time to time) at any FlexM Stores for such withdrawal whereupon the Remittance Service in relation to the relevant Remittance Service Transaction and the relevant Beneficiary shall be terminated. 10.7 The Customer agrees that FlexM may retain all Customer Information disclosed by the Customer for the purposes of the Remittance Service and in compliance with the applicable laws and regulations. 10.8 The Customer hereby consents to FlexM sending SMS notifications to the Customer or contacting the Customer in any other manner at any time and from time to time in relation to the Remittance Service. Termination 11.1 FlexM reserves all rights, in its sole and absolute discretion, to suspend (indefinitely or for such period as FlexM may consider appropriate) or terminate the Remittance Service (in whole or in respect of any particular Territory) at any time by giving written notice to the Customer, and such notice shall be effective upon posting on the FlexM Website or on such other date as may be otherwise stated by FlexM. 11.2 Notwithstanding anything contained herein and without prejudice to Clause 11.1, FlexM may at any time suspend (indefinitely or for such period as FlexM may consider appropriate) or terminate the provision of the Remittance Service to the Customer, with immediate effect or on such other date as FlexM may state, without notice to the Customer, if: (a) the Customer has, or FlexM has, in its sole and absolute discretion, reason to believe that the Customer has, committed breach of any of the provisions of these General Terms; (b) FlexM has, in its sole and absolute discretion, reason to believe that the Customer has misused or is likely to misuse the Remittance Service (including any unauthorised use or for any criminal or illegal purpose); (c) FlexM has, in its sole and absolute discretion, reason to believe that the Customer is using the Remittance Service or making any Transaction Request, on behalf of another party; FlexM is required to do so in order to comply with any (d) FlexM is required to do so in order to comply with an applicable law or any direction, order or requirement of any regulatory authority or law enforcement body; (e) there is, or FlexM has, in its sole and absolute discretion, reason to believe that there is, a material security threat to the Remittance Service or any other services provided by FlexM (including risk of money laundering or terrorist financing, hacking or through the introduction of viruses or other malicious code); (f) the Customer becomes bankrupt or generally fails or is unable to pay any of its debts as they mature, or any action is taken by any creditor of the Customer to recover, realize or enforce any security over any assets of the Customer or to enforce any judgment against the Customer; (g) the Customer has, or FlexM has, in its sole and absolute discretion, reason to believe that the Customer has, caused or is likely to cause any failure, interruption, disruption or congestion of or in any network, system or services (whether of FlexM or any other person) in connection with the Remittance Service; (h) FlexM, in its sole and absolute discretion, is of the opinion that the Customer has perpetrated a fraud on FlexM or has conducted itself in a manner which may result in perpetrating (or which, in the opinion of FlexM, constitutes an attempt to perpetrate) a fraud on FlexM; (i) the Customer dies, or becomes mentally incapacitated or suffers some other form of legal disability; (j) any information provided by the Customer to FlexM in connection with the Customer’s use of the Remittance Service is found to be false, misleading or incorrect; (k) any representation or warranty made by the Customer to FlexM is incorrect or misleading; (l) the Customer does not make any Transaction Request over a period of such duration as may be determined by FlexM in its sole and absolute discretion from time to time; and/or; (m) FlexM conducts or participates in any investigation into any of the matters described in the foregoing provisions of this Clause 11.2 11.3 Notwithstanding anything to the contrary, FlexM shall not be obliged to act on a Transaction Request and FlexM shall be entitled to decline a Transaction Request and/or suspend the provision of the Remittance Service (including the freezing of the Remittance Amount in respect of the Transaction Request) at any time without giving any reason and without prior notification to Customer if FlexM has received and needs to comply with a court order, regulatory, judicial or statutory requirement or request. 11.4 The Customer shall not be entitled to any payment, compensation or damages from FlexM in relation to the suspension or termination of the provision of the Remittance Service to the Customer for any reason whatsoever, except for the refunds in the circumstances specified in Clause 5.1. The suspension or termination (as the case may be) of the provision of the Remittance Service to the Customer shall not release the Customer from any liability which at the time of termination has already accrued. 11.5 FlexM’s right to suspend and terminate the Remittance Service shall be without prejudice to any other rights or remedies which FlexM may have under these General Terms. 11.6 Upon termination of the provision of the Remittance Service (whether in whole or in respect of any particular Territory or in respect of the Customer): (a) the Customer shall immediately cease to have any right or benefit as a Customer under these General Terms; (b) any Remittance Service Transactions that have not been completed will be terminated and the amounts remitted will be refunded to the Customer in accordance with the provisions of Clause 5; (c) all sums due or accruing due or payable to FlexM under these General Terms up to and including the date of termination shall become immediately due and payable to FlexM; and (d) save for provisions which expressly provide otherwise, neither FlexM nor the Customer shall have any further obligations to the other under these General Terms. 11.7 For the avoidance of doubt, upon termination of the provision of the Remittance Service (whether in whole or in respect of any particular Territory or in respect of the Customer), the Customer may submit a new Registration Application to be re-registered as a Customer of the Remittance Service in accordance with these Terms, if desired. However, without prejudice to any of FlexM’s other rights and remedies (under these General Terms, at law, in equity or otherwise), FlexM retains the sole and absolute discretion to approve or reject any such Registration Application in whole or in part, or to impose any conditions whatsoever to the Registration Application. Set off 12.1 Without prejudice and in addition to any right of set-off to which FlexM is otherwise entitled, FlexM may, at any time, upon written notice to the Customer, set-off any amounts owing by the Customer to FlexM against any amounts which FlexM owes to the Customer, and FlexM is hereby authorized to effect any necessary conversions at its then prevailing exchange rates. Notwithstanding the foregoing, in the event that the Customer breaches any provision of these General Terms, FlexM may perform such set-off without notice to the Customer. Amendment and Variation 13.1 FlexM reserves the right to amend, modify, add to or otherwise vary these General Terms (including any amendments made to the FlexM Data Protection Policy) from time to time by giving seven (7) calendar days’ notice thereof to the Customer and any such amendment, modification or supplement shall take effect as from the date specified in such notice. Any such notice given by FlexM in accordance with this clause, by posting on the FlexM Website or by otherwise making public such notice in any other such manner deemed appropriate by FlexM, shall constitute good and sufficient notice thereof to the Customer by FlexM and shall be deemed to have been received by the Customer in accordance with the Clause or on the date of such posting or the making public of such notice, as applicable. The Customer’s continued use of the Remittance Service or submission of any Transaction Request shall be deemed to be the Customer’s conclusive acceptance of such amendments, modifications or variations to these General Terms and the Customer shall be bound by these General Terms so amended. Waiver 14.1 No failure to exercise or enforce, and no delay on the part of FlexM in exercising or enforcing its rights under these General Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of FlexM at any time. Assignment 15.1 The Customer shall not assign, transfer or encumber any or all of its rights, interest and obligations under these General Terms without the prior written consent of FlexM. 15.2 The Customer agrees that FlexM may assign and transfer any or all of its rights, interests and obligations under these General Terms to any FlexM subsidiaries and affiliates discretion and without any further consent or agreement required on the part of the Customer. Any such assignment or transfer shall take effect upon posting on the FlexM Website or on such date as may be stated. In the event that FlexM assigns and transfers all its rights, interest and obligations under these General Terms: (a) all references to FlexM in these General Terms shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of FlexM; and (b) such assignee and transferee shall be entitled to enforce all rights and perform all obligations of FlexM and to be paid all sums due from the Customer under these General Terms as at the date of such assignment and transfer thereafter. Applicable Laws, Jurisdiction and Service of Process 16.1 These General Terms herein shall be subject to and construed in accordance with the laws of Singapore and the Customer hereby submit to the non-exclusive jurisdiction of the courts of Singapore. 16.2 Without prejudice to FlexM right to serve process in any other manner permitted by law, FlexM may effect service on the Customer of any writ, summons or other process or documents by leaving it at or sending it by ordinary post to the Customer’s last known address. Such process shall be deemed validly served on the Customer: (a) in the case of service by leaving at the Customer’s last known address, immediately; and (b) in the case of service by post, (i) to any address in Singapore, two (2) days after it was posted by FlexM; or (ii) to any address outside Singapore, seven (7) days after it was posted by FlexM, and the Customer agrees that the Customer shall be deemed to have adequate and sufficient notice of such process. Notices and Correspondence 17.1 All notices and communications by FlexM to the Customer may be sent or dispatched to the Customer by delivery, post, e-mail, SMS or facsimile transmission or any other means deemed appropriate by FlexM to the e-mail or other address or mobile or facsimile number of Customer appearing in any record of the Customer maintained by FlexM or from which any communication by the Customer to FlexM was dispatched or issued or otherwise last known to FlexM. Any such notice, demand or communication addressed and so dispatched to the Customer shall be deemed to have been received by the Customer: (a) in the case of dispatch by e-mail, SMS or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by FlexM; (b) in the case of dispatch by delivery to the address of the Customer, on the date and at the time it was so delivered or left at that address; and (c) in the case of dispatch by post: (i) to any address in Singapore, 2 days after it was posted by FlexM; or (ii) to any address outside Singapore, 7 days after it was posted by FlexM. 17.2 All notices and requests from the Customer to FlexM shall be inwriting unless FlexM specifies to the Customer otherwise. FlexM shall be entitled to regard as ineffective and invalid any notice or request of the Customer the receipt of which has not been confirmed by FlexM to the Customer. Severability 18.1 Any part of any provision of these General 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 General Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law. Third Party Rights 19.1 No person who is not a party to these General Terms has any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or enjoy the benefit of any term in these General Terms. MoneyGram Send Form Terms and Conditions Introduction 1.1 The MoneyGram® money transfer service (“Service”) is provided by MoneyGram International B.V. (“we” or “us”) through MatchMove Pay Pte Ltd(“MatchMove”). These Terms and Conditions, along with the Documentation (as defined in Section 1.3 below) used in connection with the Service to which these Terms and Conditions may be included or attached, constitute the entire agreement (“Agreement”) between us with you, the individual sender of the Service (“you” or “Sender”). 1.2 This Agreement and the Service allow you to send a money transfer (a“Transfer”) either at a designated MatchMove location (“Cash Transfer”) or via their mobile wallet account (“Mobile Transfer”) to the person named on the form in the case of Cash Transfer or in the assigned field in the case of Mobile Transfer (the “Recipient”) and allows them (i) to collect in cash at a MoneyGram location (“cash to cash” service); or (ii) to receive into their bank account or other type of physical or virtual account, for example a mobile wallet account (“cash to account” service). These terms and conditions apply to both services, except where we say they apply to only one of them. 1.3 You must sign any other documentation related to the Transfer, or otherwise confirm your acceptance of the same in the prescribed manner, including all forms, receipts, or acknowledgments, whether in physical form or otherwise (collectively, the “Documentation”) in order to use the Service. 1.4 By using, or attempting to use, the Service in any capacity, you are acknowledging that you (i) accept the terms of this Agreement and the Fraud Warnings; and (ii) have read the Documentation relating to the Transfer and that the information as described on the Documentation is accurate. 1.5 For cash to cash Transfers, you can either send money within the same country or to a different “receive country”. The Recipient can only collect the money in the receive country selected. Once MatchMove has processed your send request and collected the required money, the Recipient can collect the money at any MoneyGram location in the receive country within minutes (during opening hours) in cash, in the currency selected unless condition 2.2 below applies. We will not contact the Recipient when the money is ready to collect; this is something you will need to do. 1.6 We do not offer the Service in all countries. You can call us, visit our website or ask MatchMove to find out the availability of our Service, and addresses and opening times of locations offering the Service. 1.7 For Mobile Transfers, the General Terms and Conditions for Mobile Remittance (Remittance Service) will apply in addition to the MoneyGram Send Form Terms and Conditions. Charges and currency exchange 2.1 You must pay us the fee stated to complete the Transfer. We will not charge you any other fee for the Transfer. You can only send money in a certain currency or currencies. MatchMove will tell you whether a payout currency is available in the receive country and (if different to the currency in which you pay us) what exchange rate will apply. Your chosen currency, the agreed exchange rate and the converted amount will be stated in the form or displayed on your mobile as the case maybe. 2.2 For cash to cash Transfers to certain countries: (i) if the Transfer amount is stated in U.S. Dollars, and the Recipient’s agent does not pay out in that currency, they will convert the money into the local currency using either their or MoneyGram’s standard exchange rate; (ii) if the money (whatever foreign currency it is sent in) is not collected within 45 days, the Recipient’s agent may recalculate the converted amount at the time of collection, using their or MoneyGram’s standard exchange rate. Restrictions on Transfers 3.1 There are limits on the amount you are able to send. MatchMove will, as necessary, tell you what they are. We may refuse to send the money or allow it to be collected if we reasonably believe that: (a) by doing so we might break any law, regulation, code or other duty that applies to us; (b) doing so may expose us to action from any government or regulator; or (c) it may be linked with fraudulent or illegal activity. Cancelling and refunding a Transfer 4.1 You do not have a right to cancel the Transfer. We may nevertheless be able to cancel it before the Recipient collects or receives the money. If you wish to cancel the Transfer and request a refund of the Transfer amount, you can write to us enclosing a copy of your completed form or in the case of Mobile Transfers the relevant Transfer information as required by us. We aim to process such requests promptly but in any case within 30 days. Identification and pay out for cash to cash Transfers 5.1 In order to collect the money and complete a Transfer, certain information must be provided, including but not limited to: (i) Identification; (ii) the Recipient’s details; (iii) the Sender’s name; and (iv) the Transfer amount. Additional information may be required to process the Transfer. 5.2 For certain Transfers (depending on the receive country and amount – your Agent has the details) the test answer you have set in the form, and/or the 8 digit reference number given to you at the time of the Transfer, may also be required to collect the money. 5.3 You must not give the details referred to in condition 5.1 or (if they are required to collect the money) in condition 5.2 to anyone other than your chosen Recipient. You must also do all you reasonably can to make sure no one else can obtain them – for example, by (i) not letting anyone see the form or the mobile screen; (ii) not writing down the test question and answer or the reference number in a way that can be recognised, nor letting anyone overhear you tell the Recipient what they are; and (c) not trusting a person (other than the Recipient) who tries to assure you it is safe to disclose some or all of those details to them. Additional conditions for cash to account Transfers 6.1 We will send the money to the account you specify in the form. For information on when a payment will be credited to such an account, you need to contact the Recipient’s account provider. 6.2 The Recipient’s account provider may apply its own charges to the Transfer, which do not involve us. 6.3 f you ask us to send money to an account and the Transfer was not made properly or never arrived, we will promptly refund your money and our fee – unless we can show that the account provider received the money or that there was a mistake in the Recipient’s account details that you gave us. Separate arrangements In addition to their offering of our Service, agents may offer you their own products or services such as currency exchange. These additional products or services are separate and independent from the Service, are offered under the agent’s own terms and conditions, and do not involve MoneyGram in any way. These additional products and services are likely to have their own fees associated with them. Our Liability 8.1 We will not be liable to you if we break this Agreement due to: (i) abnormal and unforeseeable circumstances outside our control where we could not avoid breaking this Agreement despite all efforts to the contrary – this may include, for example, delays or failures caused by industrial action, problems with another system or network, mechanical breakdown or data-processing failures; or (ii) our obligations under English or other applicable laws to which we may be subject to. 8.2 We are not liable to you for more than the amount of money you send and our fee. We will not be liable for any incidental, indirect, special or consequential losses or costs you suffer or, as this Agreement is made with you as a consumer, any business losses or costs (such as loss of business profits or opportunities). 8.3 Our Service is for persons 18 years and over and may not be used for escrow or trust or gambling purposes, and may only be used for a lawful purpose. Please also read the fraud warnings on the form and their abbreviated version on the mobile screen prior to conducting any Transfer. If you ask us to pay someone who turns out to have defrauded you, or who fails to meet their obligations to you, we will not be liable as a result. Other terms 9.1 We will report money transfers to any government authorities if we are required to do so by law. 9.2 The Transfer and use of our Service does not involve you or the Recipient having a “deposit” or an account with MoneyGram. 9.3 In the event of any conflict between the General Terms and Conditions for Mobile Remittance (Remittance Service) and the MoneyGram Send Form Terms and Conditions, the latter shall prevail only if the remittance is fulfilled by MoneyGram. 9.4 These conditions have been prepared, and will be executed, in the English language, which shall be the governing language for all purposes. In the event of any conflict between the English version of the Agreement and any translated version of the Agreement, the English version of the Agreement shall govern and we will communicate with you in English. Data Protection and Privacy 10.1 We may process your and the Recipient’s personal information and the details of your Transfer on our systems in order to provide you and the Recipient with Service and to prevent fraud. We may also obtain information about you from reputable reference sources as part of verification processes and other servicing of your relationship with us (including market research, special promotions, and sending you information about our services) as permitted by applicable law. You warrant that you have the Recipient’s consent to share his personal information with us. 10.2 We may, for the above purposes, share the collected personal information with our parent, affiliates, agents, or service providers, any of whom may be in a country other than your own. We will not share the information with anyone else except as permitted or required by law or regulation. 10.3 You may request access to your personal information, ask for the information to be corrected or updated, or withdraw your consent for marketing use at any time by e-mailing us at [email protected] or calling us at 8001206597. Please allow at least 4 weeks for processing of your request. 10.4 By completing and signing the form, you agree to our collection, use and transfer of your and the Recipient’s personal information for the above purposes, including transfers to the United States and to the receive country. Our Privacy Statement describes how we collect, protect, use and disclose your personal information and is available at www.moneygram.com. Contact Details and Customer Service Information 11.1 We are committed to ensuring that you receive high quality service from us. In the event that you are dissatisfied with our Service or believe an error has occurred with your Transfer, please contact us as soon as possible. For full details of our complaints procedure or consumer protection advice, or to submit a complaint, you can: (a) call us on our free phone number 8001206597 (you may be charged for calls to this number by mobile phone); (b) visit our website www.moneygram.com and submit the online form; (c) write an email to [email protected] ; or (d) write to us at: MoneyGram International, Attn: Complaints Management, 2828 North Harwood Street, Dallas, Texas 75201, USA. PART 4: GENERAL 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 FlexPay by MatchMove Mobile Wallet and relating Services and/or Remittance 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. 11.1 Only qualified members can use FlexPay by MatchMove Mobile Wallet, Remittance Services and related services by registering online at https://wallet.flexm.sg/ You will not access, use or attempt to use our Remittance Service as a Sender unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in the relevant jurisdiction; 11.2 You represent and warrant to us that you: are at least eighteen (18) years of age; are eligible to register and use FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance Services and related services and have the right, power, and ability to enter into and perform under these Terms and Conditions; provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes. Upon application, you must fill 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. update your personal information, including current email address; and e. will not impersonate any other person, operate under an alias or otherwise conceal your identity. We will use the information provided by you, as well as the information that we receive from the use of the FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance Services and related services, to facilitate your participation in the services and for other purposes consistent with our Privacy Policy. 11.3 It is paramount that all funds deposited by you from time to time, are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drugs trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc. When you place a Remittance Order source of funds and reasons of Remittance in the form of authentic documentation are required. 11.4 We may, from time to time, at its sole discretion, require you to provide proof of identity (such as notarized copy of passport or other means of identity verification as we deems required under the circumstances) and may at its sole discretion suspend an account until such proof has been provided to its satisfaction. 11.5 Necessary documentation to authenticate authorized personnel will be required from time to time and we reserved the right to seek further clarification and of such clarification cannot be obtained for any reason or whatsoever, We are entitled not to act on conflicting and incomplete instructions. 11.6 Transaction limits. We may, from time to time, impose transaction limits (such as minimum transaction amounts) in connection with the FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance Services or vary the frequency or manner of use of the Services. Fees. 12.1 To be entitled to FLEXPAY by MATCHMOVE VIRTUAL 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 FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance Services, including related fees. We shall, in most cases, give reasonable notice to you of the rates and other relevant information on any fees before they become effective provided that the variation is within our control. We reserve the right to amend charges of fees/commission in lieu. he continued use of the FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance Services and related services shall be taken as acceptance by you of the terms, benefits, and fees. 12.2 Fees for Remittance Services: In consideration of our’ agreement to provide the Remittance Services, you shall pay to us the fees set out in (i) the remittance estimate provided by us to you if and when you submit a request to us for such remittance estimate; and (ii) the applicable notification by email/SMS from us and/or the Website (all fees set out therein to be collectively referred to as the “Fees”). 12.3 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. 12.4 If a transaction is made in a foreign currency (not the national currency of the place where the FLEXPAY by MATCHMOVE VIRTUAL 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. 12.5 Currently, the conversion rate we use for a transaction in a foreign currency is no greater than (a) the highest official conversion rate published by a government agency, or (b) the highest interbank conversion rate identified by us from customary banking sources on the conversion date or the prior business day. This conversion rate may differ from rates in effect on the day of your transactions. 12.6 Mode of Payment: All payments made hereunder shall be made in accordance with our instructions including instructions regarding the mode of payment and the currency of payment, and shall be made net of all bank charges (including any charges which may be levied by the receiving bank), which shall be borne by you. Unless otherwise stipulated by us, all payments hereunder to us shall be made in Singapore Dollars. 12.7 Taxes & charges: The Fees are exclusive of all or any taxes, duties and charges imposed or levied by the appropriate local or overseas governmental agencies, financial institutions or other third parties in connection with the Services or otherwise pursuant to this Terms and Conditions (including any applicable sales, use, valueadded, 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. Your Information and Consent. 13.1 We may be required by law to provide information about you and your Transactions to government or other competent authorities as described in our Privacy Policy. You acknowledge and consent to our doing this. 13.2 Singapore law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you. In addition to the information that you submit, our systems are programmed to gather certain anonymous data to help us understand how 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”. 13.3 Verification and Checks. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a 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 the Personal Data Protection Act 2012. 13.4 By accepting these Terms and Conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, requiring you to take steps to confirm ownership of your billing address or email address; or by verifying your information against third party databases; or through other sources. 13.5 Privacy Policy. You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data for communicating with you, and for statutory, accounting and archival purposes. You acknowledge that you have read and consented to our Privacy Policy. The Privacy Policy can be found by clicking here: Privacy Policy. 13.6 You agree that we may (a) record telephone conversations between you and us and (b) use such recordings, or electronic transcripts from such recordings, as evidence in any dispute or anticipated dispute. To ensure quality of customer service, you agree to allow us to monitor telephone calls between you and us from time to time. 13.7 Consent to disclosure & 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. Electronic Instructions and Your Responsibilities 14.1 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 referable 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. 14.2 We are under no obligation to investigate the authenticity or authority of persons effecting the Electronic Instructions or to verify the accuracy and completeness of the Electronic Instructions. Accordingly, we may treat the Electronic Instructions as your authentic and duly authorised instructions which are valid and binding on you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of the Electronic Instructions. 14.3 Any risk of misunderstanding, error, loss, damage or expense resulting from the use of the Services are entirely at your own risk and we shall not be liable therefor. 14.4 All Electronic Instructions will be deemed to be irrevocable and unconditional upon transmission through the Services and we shall be entitled (but not obliged) to effect, perform or process such Electronic Instruction(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances you may request to cancel or amend the Electronic Instructions which we shall endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any Electronic Instruction. 14.5 You acknowledge and agree that: 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. 14.6 Notwithstanding any provision to the contrary in this Terms and Conditions, you acknowledge and agree that in the event that we discover or have been notified by the Service Providers that the funds to be or which have been remitted under the Services are to be or have been debited from any other internet banking account or card account you may have other than your internet banking account and/or your card account maintained with us, we may at any time, at its sole discretion and without stating reasons or notice, reverse any or all Electronic Instructions which you have transmitted or issued to, and which have been received by, us and/or impose an administration processing fee for such reversal and/or terminate this Terms and Conditions and your right to use the Services. 14.7 You acknowledge and agree that funds to be or which have been remitted under the Services shall be net of applicable duties, fees or charges imposed or levied by any local or overseas governmental agencies, financial institutions or other third parties in connection with effecting, processing and/or receiving the remittance, all of which shall be borne and paid by you (and may be deducted from any sums paid to or received by us in connection with the Services). 14.8 You hereby agree to indemnify and render us, our directors, officers, employees, agents and assign free and harmless from and against any claim, cause of action, suit, liability, and loss or damage of whatever nature that may arise as a result of or in connection with the use of your account and the transactions made with it in the following instances: (a) Disruption, failure, or delay relating to or in connection with the use of your account due to circumstances beyond our control; fortuitous events such as, but not limited to, prolonged power outages, breakdown in computers and communication facilities, computer related errors, system errors, system enhancements, system migration and integration, typhoons, floods, public disturbances and calamities, and other similar or related cases; (b) Fraudulent or unauthorized utilization of your account due to unauthorized disclosure, or breach of its security or confidentiality with or without your participation; or (c) Inaccurate, incomplete, or delayed information received by us due to disruption or failure of any communication facilities or electronic device used for your account. Suspension, Cancellation, Termination, Nonrenewal. Your ACCOUNT and/or the FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance Services or any part thereof may be cancelled by us at any time without prior notice to you. After cancellation, ACCOUNT and/or the FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance 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. 15.1 Discretion. Without giving any reason or prior notice, and without prejudice to the other provisions in these Terms and Conditions, we have absolute discretion to: (a) refuse approval of 23 any proposed transaction even if the MATCHMOVE wallet linked to the FLEXPAY by MATCHMOVE VIRTUAL WALLET has sufficient balance; (b) terminate or cancel your right to use your ACCOUNT, FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance and related services; (c) increase or decrease the transaction limit; (d) refuse reissuance, renewal, or replacement of FLEXPAY by MATCHMOVE VIRTUAL 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, FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance. 15.2 Termination by Us Notwithstanding anything, we may close and revoke any one or all your ACCOUNT, FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance accounts and services, with or without notice to you, if: you do not follow our instructions in connection with your FLEXPAY by MATCHMOVE VIRTUAL WALLET account or related services or you do not comply with any applicable law; we believe you have (i) offered, promised or given any bribe; or (ii) agreed to receive or accepted any bribe; in our opinion, any FLEXPAY by MATCHMOVE VIRTUAL WALLET Account is not operated in a proper or regular manner; in our opinion, a business relationship with you is no longer appropriate; you threaten to breach or you have breached, any term in these Terms and Conditions , or any other agreement whether relating to the borrowing of funds or the granting of advances or credit or otherwise; you have given us untrue, inaccurate, incomplete or misleading information; you do not pay on time any amount due to us; you pass away or become incapacitated; you become insolvent or bankrupt or subject to judicial proceedings; your assets are in jeopardy or subject to enforcement of a judgment by any party; any legal proceeding (civil or legal) or action (including garnishee order, writ of seizure and sale, injunction) is commenced or levied against you, or you have been convicted of a crime, or you or any security provider has acted inappropriately; 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 ; any other event of default occurs under any other agreements or arrangements between us; any of the events or proceedings under this clause occurs in relation to any third party who has agreed to provide or is providing security; o. it would constitute a breach of our agreement with any other party; it is necessary for us to do so in order for us to meet any obligation, either in Singapore or elsewhere in the world, in connection with the prevention of fraud, money laundering, terrorist activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanctions; or it is unlawful for us to continue to provide FLEXPAY by MATCHMOVE VIRTUAL WALLET account or any service or allow the use of the Card. 15.3 You may, at any time, suspend, cancel, terminate or reactivate FLEXPAY by MATCHMOVE VIRTUAL 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. 15.4 Upon cancellation or termination of your ACCOUNT, FLEXPAY by MATCHMOVE VIRTUAL WALLET, Remittance or any part thereof: all rights and benefits granted to you shall immediately be terminated and shall revert to us; you cannot and must not use your FLEXPAY by MATCHMOVE VIRTUAL WALLET; We may at our absolute discretion, decide not to act on any confirmation or request received by you after the effective date of termination; We may at our absolute discretion, decide not to act on any confirmation or request received by us between the date of notice given to you and the effective date of termination (if there is a lapse of time between the two dates). Intellectual Property Rights 16.1 The MatchMove Services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by MatchMove Pay Pte Ltd. 16.2 The MatchMove Services may be used only for the purposes permitted by these Terms and Conditions or described on this website. You are authorized solely to view and to retain a copy of the pages of the MatchMove website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the MatchMove website, the MatchMove Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the MatchMove website or the MatchMove Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the MatchMove website (or printed pages of the website). The name MatchMove and other names and indicia of ownership of our products and/or services referred to on the MatchMove website are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners. 16.3 FLEXPAY by MATCHMOVE VIRTUAL 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. FLEXPAY by MATCHMOVE VIRTUAL 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 FLEXPAY by MATCHMOVE VIRTUAL WALLET and related services. Using the FLEXPAY by MATCHMOVE VIRTUAL WALLET and related services does not grant you any rights to our trademarks or service marks. 16.4 For the purpose of these Terms and Conditions, intellectual property rights shall mean all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals and extensions thereof, under the laws of Singapore and any country, territory or other jurisdiction. 16.5 You may choose to, or we may invite you to submit comments or ideas about FLEXPAY by MATCHMOVE VIRTUAL 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. Notices. 17.1 All notices and documents required to be given by us to you shall be sent by any one of following methods: ordinary or registered post to your last known address according to our record; electronic mail to your last known electronic mail address according to our record; posting notice or communication on the FLEXPAY by MATCHMOVE VIRTUAL WALLET website; notices placed with or in any of the FLEXPAY by MATCHMOVE VIRTUAL WALLET written communications to you; phone call to your last known phone number according to our records; notices placed through any media; or any manner of notification as we may at our absolute discretion determine. 17.2 Unless otherwise expressly provided in writing, our notices and communications to you are effective: if sent by post to an address within your country, the following business day after posting; if sent by post to an address outside of your country, 5 business days after posting; if sent by fax, electronic mail or SMS, at the time of transmission; if sent by hand, at the time of delivery or when left at the address; if posted on our Website, on the date of display or posting; if advertised in the newspaper, on the date of advertisement; and if broadcast via radio or television, on the date of broadcast. Promotional Offers, Advertisements, and Surveys. 18.1 We may inform you about promotional offers through mail, email, fax, SMS, telephone, or any other means of communication. You agree that we and our affiliates, and third parties selected by any of them can offer specially selected products and services to you through any means of communication provided above. For this purpose, you agree that we may transfer and disclose customer information to our affiliates and third parties selected by any of them. 18.2 Third parties’ services and links to other websites. You may be offered services, products and promotions provided by third parties and not by us. If you decide to use these services, you shall be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services. 18.3 Our website may contain links to third parties’ websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, or recommendation by us. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Terms and Conditions. We expressly disclaim any liability for these websites. 18.4 If you wish to be excluded from the recipient lists for our promotional offers, or find any incorrect entry in the information held by us or in the information provided by us to a consumer reporting or reference agency, you have to immediately write to MatchMove Pay Pte. Ltd., 137 Telok Ayer Street, #0303, Singapore 068602 or send an email to [email protected] or call the Customer Service by dialling 18002711371 (TollFree Hotline) or +6562711371 (International). 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. Compliance. 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 set Remittance facilities 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 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. 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 FLEXPAY by MATCHMOVE VIRTUAL WALLET agreement shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative. Other Means of Communication. You undertake to notify us of any additional means of communicating with you aside from those disclosed in your FLEXPAY by MATCHMOVE VIRTUAL 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. 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 FLEXPAY by MATCHMOVE VIRTUAL 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. Your Complaints. Any complaint regarding your FLEXPAY by MATCHMOVE VIRTUAL WALLET and related services or their use, or both, shall be communicated to the FLEXPAY by MATCHMOVE VIRTUAL 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. (a) 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. No Deposit Insurance Coverage. The MatchMove wallet linked to your FLEXPAY by MATCHMOVE VIRTUAL WALLET is not a deposit account and is not covered by the Law on Deposit Insurance of the Country. Disclosure. We shall keep all your files and records in strictest confidence in accordance with the provisions of your residence country’s legislation and its Privacy Policy. 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. 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. Miscellaneous Article 30.1 Governing laws. This Terms and Conditions and any and all amendments thereto shall be governed by and construed in accordance with the substantive laws of Singapore, without reference to its conflicts of law provisions. 30.2 Act in good faith. We may act in any instruction we believe in good faith has been given by you according to the operating mandate. 30.3 Dispute resolution. Any dispute arising from or relating to MatchMove Remittance Services shall be resolved by final and binding arbitration. The arbitrator shall also decide what is subject to arbitration. The arbitration will be administered by Singapore International Arbitration Centre under (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. 30.4 Indemnity. You agree to indemnify us and all our servants, employees, nominees, directors and agents for any loss and embarrassment suffered by us (other than such loss and embarrassment arising from us or our employees’ and agents’ wilful misconduct or negligence) in connection with: any FLEXPAY by MATCHMOVE VIRTUAL WALLET account, related services or transaction; acting on or carrying out or delaying or refusing to act on any instruction you give us; searches and enquiries we make in connection with you, or a security provider; the provision of any service to you and the performance of our functions; any service provided by any third party; 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 FLEXPAY by MATCHMOVE VIRTUAL WALLET or related services or as a result of your noncompliance with any of these terms; any action by us or any party against you relating to any FLEXPAY by MATCHMOVE VIRTUAL WALLET, FLEXPAY by MATCHMOVE VIRTUAL WALLET account or services; any involvement by us in any proceeding of whatever nature for the protection of or in connection with the FLEXPAY by MATCHMOVE VIRTUAL WALLET, FLEXPAY by MATCHMOVE VIRTUAL WALLET account or services; our compliance with any existing or future law or regulation or official directive in respect of any of these terms; taxes payable by us in connection with your FLEXPAY by MATCHMOVE VIRTUAL WALLET account; and any increased cost in our funding if there is a change in law or circumstances. 30.5 Waiver. Any failure or delay by us in exercising or enforcing any right we have under the terms of these Terms and Conditions does not operate as a waiver of and does not prejudice or affect our right subsequently to act strictly in accordance with our rights. 30.6 Illegality. We may close and revoke any FLEXPAY by MATCHMOVE VIRTUAL 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. 30.7 General Construction And Interpretation. In our opinion: when we determine a matter in our opinion, the determination is made at our absolute discretion. When we act or refuse to act: on any matter including any instruction or transaction, we do not need to provide any reason for our act or refusal unless required by the law. Timing: if we receive any instruction on a nonbusiness day or after the specified clearance or cutoff times, we may treat the instruction as received on the following business day. 30.8 Amendments. We reserve the right to amend these Terms and Conditions at any time and for whatever reason it may deem proper, and any such amendment shall be binding upon notice to you by publication or other means of communication, electronic or otherwise. This is unless you object to those amendments by manifesting the intention to terminate your membership in writing within five (5) days from notice of the amendment. Your failure to notify us about this intention to terminate your membership as provided, and your continued use of your FLEXPAY by MATCHMOVE VIRTUAL WALLET and related services, or both, shall be taken as your conclusive acceptance of the amendments. 30.9 Any external links to thirdparty 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. 30.10 Subcontracting and delegation: We reserve the right to use any service providers, subcontractors and/or agents on such terms as we think appropriate. 30.11 Force Majeure: We shall not be liable for any nonperformance, error, interruption or delay in the performance of its obligations or in the Services’ operation, or for any inaccuracy, unreliability or unsuitability of the Materials or any of the Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes without limitation acts of God, natural disasters, acts of any government or authority, power failures, and the acts or a party for whom we is not responsible for). 30.12 We take security very seriously at MatchMove, and we work hard, using stateoftheart 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. 30.13 Contact Information Questions, notices, and requests for refunds or further information should be sent to us, as follows: Web/Email: https://flexm.com/contact-us/ Tel CUSTOMER SERVICE: 1800 271 1371 (Singapore) Mail: FlexM Pte Ltd, attn: Customer Service, 160 Robinson Road, #18-08 SBF Centre Singapore 068914.
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UVJETI KORIŠTENJA INTERNET STRANICE INFOPLUS.HR NIŽE IZLOŽENI UGOVOR („UGOVOR”) REGULIRA VAŠE KORIŠTENJE INTERNET STRANICE INFOPLUS.HR, U DALJEM TEKSTU INTERNET STRANICE. VAŽNO JE DA PROČITATE I RAZUMIJETE SLJEDEĆE UVJETE. UKOLIKO PRILIKOM REGISTRACIJE KOD UVJETA POSLOVANJA OZNAČITE "DA", PRIHVAĆATE PRIMJENU OVIH UVJETA. Internet stranica u vlasništvu je tvrtke INFOPLUS d.o.o., Augusta Harambašića 6, 10000 Zagreb, Hrvatska, OIB: 59176370397. KUPOVINA PROIZVODA I USLUGA Kupac može postati svaka punoljetna i poslovno sposobna osoba koja prihvaća naše uvjete poslovanja što se potvrđuje narudžbom proizvoda i usluga. Prihvaćanje uvjeta poslovanja kupac potvrđuje prilikom narudžbe za kupnju proizvoda putem ove internet stranice. Sve cijene su izražene u kunama i/ili eurima i/ili dolarima a mogu biti iskazane sa PDV-om, a i bez PDV-a. Postupak, te uvjeti poslovanja (kupnje i prodaje) robe putem internet stranice definirani su kroz slijedeće parametre: registracija kupca, narudžba, plaćanje, dostava, povrat i reklamacija robe. Isporučitelj robe je Infoplus d.o.o. Kupcem se smatra svaka osoba koja elektronski naruči barem jedan proizvod putem ove internet stranice. REGISTRACIJA Da biste se registrirali na internet stranicu, morate imati najmanje 18 godina. Ugovor u ime i za račun maloljetnika ili potpuno poslovno nesposobne osobe mogu sklopiti samo njihovi zakonski zastupnici, a djelomično poslovno sposobne osobe mogu sklopiti ugovor samo uz suglasnost njihova zakonskog zastupnika. ZAŠTITA PODATAKA Osobne podatke koje dajete dobrovoljno, pohraniti ćemo u našoj evidencijskoj bazi kupaca. Te podatke prikupljamo i koristimo u svrhu obrade narudžbe, te za unaprjeđenje odnosa sa kupcima, u mjeri i vremenu koje je neophodno za ostvarenje navedene svrhe u svakom pojedinom slučaju. Prilikom prijave dajete suglasnost za obradu Vaših podataka u naprijed navedene svrhe. Vaše osobne podatke štitimo sukladno zakonu o zaštiti osobnih podataka, te ih nećemo ni na koji način učiniti dosupnima trećima. Vaše je pravo zatražiti ispravak, izmjenu ili nadopunu netočnih, nepotpunih ili neažuriranih podataka, a ukoliko više ne želite primati naš promidžbeni materijal dovoljno je da kliknete na link: "odjavi me za primanje newslettera" koji će biti prikazan na svakom promidžbenom materijalu. Jamčimo Vam da Vašu email adresu i ostale podatke nećemo staviti trećim pravnim i fizičkim osobama na raspolaganje bez Vašeg pristanka, jer je to protivno našoj politici o privatnosti. Od navedenog se izuzima uvid od strane ovlaštenih službi izvršne državne vlasti Republike Hrvatske, za potrebe istražnih radnji temeljem valjanog sudskog naloga. Ne odgovaramo za slučajnu pogrešku ili pogrešku zbog više sile, ili drugih objektivnih okolnosti kojima se uzrokuje slučajno kršenje zajamčene zaštite Vaših podataka, ali jamči da će pogreška biti otklonjena, ukoliko je to moguće, čim prije. NARUDŽBA Kupac naručuje proizvode ili usluge putem elektronskog obrasca narudžbe. Proizvodi ili usluge se naručuju elektronskim oblikom, odabirom određenog proizvoda i njegovim spremanjem u košaricu. Nakon odabira svih željenih proizvoda klikom na link "Spremi", sustav vas dalje automatski vodi do stranica na kojima morate potvrditi točnost unesenih podataka te odabrati neki od ponuđenih načina plaćanja, isporuke i dr. Ako odaberete online plaćanje karticama, sustav vas preusmjerava na sigurne stranice na kojima ćete odabrati vrstu kartice, te će od vas tražiti ostale potrebne podatke. Nakon što zaprimimo vašu narudžbu dobiti ćete povratni e-mail sa potvrdom o uspješno obavljenoj narudžbi odnosno kupovini, što ovisi o odabranom načinu plaćanja. PLAĆANJE U internet stranici možete plaćati kako je navedeno u NAČINIMA PLAĆANJA i u nastavku ovoga teksta: - virmanom ili općom uplatnicom DOSTAVA Dostavu proizvoda naručenih putem naše internet trgovine vršimo u suradnji sa najkvalitetnijim dostavnim službama, po načelu "od vrata do vrata". Dostavu naplaćujemo prema težini paketa. Nema minimalne vrijednosti narudžbe. Artikle naručene radnim danom do 12:00h predajemo dostavnoj službi istoga dana. Artikle naručene radnim danom iza 12:00h predajemo dostavnoj službi idućeg radnog dana. Dostavna služba se obavezuje obaviti ekspresnu uslugu prijevoza pošiljke od trenutka preuzimanja do trenutka uručenja u roku od (1) jednog radnog dana (osim u slučajevima slanja izvan ili preko više tranzitnih centara prijevoznika prema rasporedu vožnje prijevoznika). Svaku pošiljku primatelj ovjerava i potpisuje dostavnu listu po primitku pošiljke. Sukladno odredbama Zakona o obveznim odnosima, ovjerom dostavne liste od strane primatelja smatra se da je pošiljka uručena u neoštećenom stanju i nakon toga je prijevoznik oslobođen bilo kakve naknadne odgovornosti. Pošiljatelj će u listi preuzimanja naznačiti referentni broj prateće dokumentacije, pri čemu će kasnije potpisana dostavna lista s referentnim brojem biti dokaz o izvršenoj dostavi. Ukoliko se radi o licencama i ostalim digitalnim uslugama, iste se šalju kupcu putem interneta. POVRAT I ZAMJENA Kupac ima pravo na povrat robe u slijedećim slučajevima: - ako je isporučena roba koja nije naručena, - ako je isporučena roba koja ima grešku - oštećenja koja nisu nastala u transportu - ako se ne radi o elektronskim licencama Kupac također ima pravo raskinuti ugovor sukladno članku 45. Zakona o zaštiti potrošača. Kupac nema pravo na raskid ugovora ukoliko se radi o prodaji audio ili videozapisa te računalnih programa koje je kupac otpakirao, ili proizvoda koji se prodaju u rinfuzi (CD, DVD mediji, ili potrošnog materijala i sl.). Artikli koje vraćate moraju biti kompletni, u originalnoj ambalaži sa svim pripadajućim dijelovima, priborom i dokumentacijom. Kupac je proizvode dužan vratiti o svom trošku na našu adresu. JAMSTVO I SERVISI Za proizvode iz naše ponude vrijedi jamstvo u trajanju koje je označeno na Jamstvenom listu određenog proizvoda kojeg ovjerenog dobivate uz svaki proizvod, a koji je izdao ovlašteni uvoznik ili distributer. Kako bi se izbjegli nepotrebni problemi i eventualni nesporazumi, molimo Vas da proučite odredbe na Jamstvenom listu te da se istih pridržavate kod reklamiranja neispravnih uređaja u jamstvenom roku. Dogodi li se unutar jamstvenog roka da je artikl, primjerice, promijenio svojstva, a što proizlazi iz nepridržavanja propisanih postupaka njege i održavanja, ne odgovaramo za nastala oštećenja. U jamstvo ne spadaju softwerski problemi, softwersko podešavanje uređaja i podaci na medijima uređaja, potrošni materijal, CD i DVD mediji, tinte, toneri i sl. PRAVILA KORIŠTENJA INTERNET STRANICE Suglasni ste koristiti internet stranicu i pripadajuće usluge u skladu s ovim pravilima korištenja. Suglasni ste da NEĆETE koristiti internet stranicu kako biste: a. vršili bilo koju povredu autorskog prava ili nekog drugog prava intelektualnog vlasništva ili otkrili bilo koju trgovinsku tajnu ili povjerljiv podatak u povredi odnosa povjerljivosti, radnog odnosa ili ugovora o neotkrivanju; b. krivotvorili bilo koje zaglavlje paketa TCP-IP ili bilo koji dio podataka zaglavlja u elektroničkoj poruci ili podnesku grupe za vijesti, ili drugačije stavili podatke u zaglavlje u svrhu krivog navođenja primatelja glede izvora bilo kojeg sadržaja prenesenog putem Usluge („podvala“ - „spoofing“); c. predali, postavili, poslali putem elektroničke pošte, prenijeli, pohranili ili drugačije učinili dostupnim bilo koji materijal koji sadrži viruse ili bilo koji drugi računalni kod, datoteke ili programe načinjene da naštete, ometaju ili ograniče normalno djelovanje Usluge (ili bilo kojeg njenog dijela) ili bilo kojeg drugog računalnog softvera ili hardvera; d. ometali ili remetili Uslugu (uključujući pristupanje Usluzi putem bilo kojih automatiziranih sredstava poput komandnih datoteka (scripts) ili indeksera (web crawlers)), ili bilo koje servere ili mreže povezane s Uslugom ili bilo koja pravila, zahtjeve ili odredbe mreža povezanih s Uslugom (uključujući bilo koji neovlašteni pristup, korištenje ili praćenje podataka ili prometa o njima); e. planirali ili vršili bilo koju protuzakonitu aktivnost; i/ili prikupljali i pohranjivali osobne podatke bilo kojih drugih korisnika Usluge radi korištenja u svezi s bilo kojom od ranije navedenih zabranjenih aktivnosti; KOLAČIĆI Ova internet stranica koristi Google Analytics, internet servis za analitiku tvrtke Google Inc. Google Analytics koristi "kolačiće", tekst datoteke koje su pohranjeneu Vašem računalu, a pomažu analizirati na koji način korisnici koriste internet stranicu. Informacije generirane korištenjem kolačića o Vašoj upotrebi stranice (uključujući IP adresu Vašeg računala, koja je ipak anonimna zbog korištenja metode _anonymizeIp() tako da više ne može biti povezana s Vama) se šalju na Google server u USA gdje su i pohranjene. Google će koristiti te dobivene informacije da procijeni korištenje stranice, izradom izvještaja o aktivnosti stranice. Google također te informacije može dati trećim stranama na korištenje, osim ako to zahtijeva zakon, ili gdje treća strana obrađuju informacije u ime Google-a. Google neće povezati Vašu IP adresu sa bilo kojim drugim informacijama koje Google posjeduje. Vi možete onemogućiti korištenje koliačića odabirom odgovarajuće opcije u internet pregledniku, međutim želimo Vam napomenuti da u tom slučaju nećete biti u mogućnosti koristiti svu funkcionalnost ove stranice. Korištenjem ove stranice, slažete se da obradu informaciju o Vašem korištenju stranice vrši Google na prethodno opisan način i u navedenu svrhu. Korištenje Google Analytics možete onemogućiti instaliranjem dodatka u Vaš internet preglednik koji onemogućava njegovo korištenje. INTELEKTUALNO VLASNIŠTVO Suglasni ste da Usluga, uključujući, ali ne ograničavajući se na grafiku, korisničko sučelje, audio sadržaje, urednički sadržaj i skripte i softver koji su korišteni za implementaciju Usluge, sadrži podatke i sadržaj koji su u vlasništvu autor-a i/ili njegovih davatelja licencije, te su zaštićeni primjenjivim propisima o intelektualnom vlasništvu i drugim propisima, uključujući ali ne ograničavajući se na propise o autorskom pravu. Suglasni ste da nećete koristiti takve podatke ili materijale na bilo koji drugi način osim za korištenje Usluge u skladu s ovim Ugovorom. Niti jedan dio Usluge ne smije se reproducirati u bilo kojem obliku, niti bilo kojim sredstvom, osim ako je to izričito dopušteno ovim uvjetima. Suglasni ste da nećete ni na koji način mijenjati, iznajmljivati, davati u najam, posuđivati, prodavati, distribuirati ili stvarati prerađena djela na temelju Usluge, te da nećete iskorištavati Uslugu ni na koji nedopušteni način, uključujući ali ne ograničavajući se na neovlašteni pristup ili opterećen je mrežnih kapaciteta. Bez obzira na bilo koju drugu odredbu iz ovog Ugovora, autor i njegovi davatelji licencije zadržavaju pravo izmijeniti, obustaviti, ukloniti ili onemogućiti pristup bilo kojem proizvodu, sadržaju ili drugim materijalima koji čine dio Usluge u svako doba bez obavijesti. Ni u kojem slučaju autor neće biti odgovoran zbog vršenja ovakvih promjena. Autor također može u bilo kojem slučaju ograničiti korištenje odnosno pristup određenim mogućnostima ili dijelovima Usluge bez obavijesti ili odgovornosti. Sva autorska prava iz i na Uslugu (uključujući kompilaciju sadržaja, postavljene sadržaje, veze na druge Internetske izvore i opise tih izvora) i odnosni softver u vlasništvu su autor-a i/ili njegovih davatelja licencije, koji zadržavaju sva svoja prava koja imaju po zakonu i pravičnosti. KORIŠTENJE SOFTVERA ILI BILO KOJEG DIJELA USLUGE, OSIM KORIŠTENJA USLUGE KAKO JE DOPUŠTENO OVIM UGOVOROM, JE STROGO ZABRANJENO I PREDSTAVLJA POVREDU PRAVA INTELEKTUALNOG VLASNIŠTVA TREĆIH I MOŽE VAS PODVRGNUTI GRAĐANSKIM I KAZNENIM SANKCIJAMA, UKLJUČUJUĆI MOGUĆU NOVČANU NAKNADU ŠTETE, ZA POVREDU AUTORSKIH PRAVA. RASKID Ukoliko ne poštujete ili autor sumnja da ne poštujete bilo koju odredbu ovog Ugovora, autor može po svojoj vlastitoj diskreciji bez obavijesti Vama: (i) raskinuti ovaj Ugovor i/ili ukinuti Vaš Račun; i/ili (ii) raskinuti licenciju za Uslugu; i/ili (iii) spriječiti pristup Usluzi (ili bilo kojem njezinom dijelu). Autor zadržava pravo izmijeniti, obustaviti ili prekinuti Uslugu (odnosno bilo koji njen dio ili sadržaj) u bilo koje vrijeme sa ili bez obavijesti Vama, i autor neće biti odgovoran Vama ili bilo kojoj trećoj strani ukoliko iskoristi takva prava. ODRICANJE OD JAMSTAVA; OGRANIČENJA ODGOVORNOSTI Autor NE GARANTIRA, NE IZJAVLJUJE NITI JAMČI DA ĆE VAŠE KORIŠTENJE PROGRAMA ILI USLUGE BITI BEZ PREKIDA I GREŠAKA, I SUGLASNI STE DA AUTOR POVREMENO MOŽE UKLONITI USLUGU NA NEODREĐENA VREMENSKA RAZDOBLJA, ILI UKINUTI USLUGU U BILO KOJEM TRENUTKU, BEZ OBAVIJESTI VAMA. IZRIČITO STE SUGLASNI DA JE VAŠE KORIŠTENJE, ILI NEMOGUĆNOST KORIŠTENJA, PROGRAMA ILI USLUGE NA VAŠ ISKLJUČIVI RIZIK. USLUGA I SVI PROIZVODI I USLUGE KOJI SU VAM DOSTAVLJENI PUTEM USLUGE SU (OSIM AKO JE autor IZRIČITO NAZNAČIO DRUGAČIJE) ISPORUČENI U STANJU „KAO ŠTO JEST“ I „KAO ŠTO JE DOSTUPNO“ ZA VAŠE KORIŠTENJE, BEZ JAMSTAVA BILO KOJE VRSTE, IZRIČITIH ILI IMPLICITNIH, UKLJUČUJUĆI SVA IMPLICITNA JAMSTVA UTRŽIVOSTI, PRIKLADNOSTI ZA POJEDINU SVRHU, VLASNIŠTVA I NEPOSTOJANJA POVREDE PRAVA. BUDUĆI DA NEKE JURISDIKCIJE NE DOPUŠTAJU ISKLJUČENJE IMPLICITNIH JAMSTAVA, GORE NEVEDENO ISKLJUČENJE IMPLICITNIH JAMSTAVA SE MOŽDA NE PRIMJENJUJE NA VAS. NI U KAKVOM SLUČAJU AUTOR, NJEGOVI SURADNICI, SLUŽBENICI, RADNICI, POVEZANA DRUŠTVA, ZASTUPNICI, PODUGOVARATELJI, NALOGODAVCI ILI DAVATELJI LICENCIJE NEĆE BITI ODGOVORNI ZA BILO KOJU IZRAVNU ILI NEIZRAVNU, SPOREDNU, KAZNENU, POSEBNU ILI POSLJEDIČNU ŠTETU KOJA PROIZLAZI IZ VAŠEG KORIŠTENJA ILI NEMOGUĆNOSTI KORIŠTENJA BILO KOJIH PROGRAMA ILI USLUGA, ILI ZA BILO KOJI DRUGI ZAHTJEV POVEZAN NA BILO KOJI NAČIN S VAŠIM KORIŠTENJEM PROGRAMA ILI USLUGA, UKLJUČUJUĆI ALI NE OGRANIČAVAJUĆI SE NA BILO KOJE GREŠKE ILI PROPUSTE U BILO KOJEM SADRŽAJU, ILI BILO KAKAV GUBITAK ILI ŠTETU BILO KOJE VRSTE NASTALIH NA TEMELJU KORIŠTENJA BILO KOJEG SADRŽAJA (ILI PROIZVODA) KOJI JE POSTAVLJEN, PRENEŠEN, ILI NA DRUGI NAČIN UČINJEN DOSTUPNIM, PA I U SLUČAJU SAVJETA O MOGUĆNOSTI TAKVE ŠTETE. AUTOR ĆE UPOTRIJEBITI RAZUMNE NAPORE RADI ZAŠTITE MATERIJALA ILI PODATAKA KOJE STE PODNIJELI U SVEZI S USLUGAMA, ALI PRIHVAĆATE DA JE VAŠE PODNOŠENJE TAKVIH PODATAKA ISKLJUČIVO NA VAŠ RIZIK, I DA SE AUTOR OVIME ODRIČE SVAKE ODGOVORNOSTI PREMA VAMA ZA BILO KAKAV GUBITAK ILI ODGOVORNOST KOJI SE NA BILO KOJI NAČIN ODNOSI NA TAKVE PODATKE. AUTOR NE IZJAVLJUJE NITI GARANTIRA DA ĆE USLUGA BITI SLOBODNA OD GUBITKA, KVAROVA, NAPADA, VIRUSA, SMETNJI, HAKIRANJA, ILI DRUGIH POVREDA SIGURNOSTI, I autor SE ODRIČE SVAKE S TIME POVEZANE ODGOVORNOSTI. ODRICANJE I ODŠTETA KORIŠTENJEM INTERNET STRANICE, PROGRAMA ILI USLUGE, SUGLASNI STE DA ĆETE ŠTITITI I OBEŠTETITI AUTORA, NJEGOVE SURADNIKE, SLUŽBENIKE, RADNIKE, POVEZANA DRUŠTVA, ZASTUPNIKE, PODUGOVARATELJE, NALOGODAVCE I DAVATELJE LICENCIJE U ODNOSU NA SVA POTRAŽIVANJA KOJA PROIZIĐU IZ VAŠEG KRŠENJA OVOG UGOVORA, VAŠEG KORIŠTENJA PROGRAMA ILI USLUGE, ILI BILO KOJE RADNJE KOJU JE AUTOR PODUZEO KAO DIO SVOJE ISTRAGE O SUMNJI NA POVREDU OVOG UGOVORA ILI KAO REZULTAT UTVRĐENJA ILI ODLUKE AUTORA-A DA SE DOGODILA POVREDA OVOG UGOVORA. OVO ZNAČI DA NE MOŽETE TUŽITI NITI DOBITI BILO KAKVO OBEŠTEĆENJE OD AUTORA-A, NJEGOVIH SURADNIKA, SLUŽBENIKA, RADNIKA, POVEZANIH DRUŠTAVA, ZASTUPNIKA, PODUGOVARATELJA, NALOGODAVACA I DAVATELJA LICENCIJE, USLIJED NJEGOVE ODLUKE DA UKLONI ILI ODBIJE PROCESUIRATI BILO KOJI PODATAK ILI SADRŽAJ, DA VAS UPOZORI, SUSPENDIRA ILI ONEMOGUĆI VAŠ PRISTUP USLUZI, ILI DA PODUZME BILO KAKVU DRUGU RADNJU TIJEKOM ISTRAGE O SUMNJI NA POVREDU ILI KAO REZULTAT ZAKLJUČKA AUTORA-A DA JE DOŠLO DO POVREDE OVOG UGOVORA. OVA ODREDBA O ODRICANJU I ODŠTETI PRIMJENJUJE SE NA SVE POVREDE OPISANE ILI ZAMIŠLJENE PREMA OVOM UGOVORU. PROMJENE Autor zadržava pravo da u bilo koje izmjeni ovaj Ugovor te odredi nove ili dodatne uvjete Vašeg korištenja Usluge. Takve izmjene i dodatni uvjeti odmah će stupiti na snagu te postaju sastavni dio ovog Ugovora. Vaše kontinuirano korištenje Usluge smatrati će se Vašim pristankom na te izmjene i dodatne uvjete. RAZNO Ovaj Ugovor čini cjelokupni sporazum između Vas i autor-a te regulira Vaše korištenje programa ili Usluge i zamjenjuje sve dosadašnje sporazume i ugovore između Vas i autor-a u odnosu na Uslugu. Na Vas se također mogu primjenjivati dodatni uvjeti ako koristite povezane usluge, sadržaj trećih strana ili softver trećih strana. Ako se za bilo koji dio ovog Ugovora utvrdi da je nevaljan ili neprovediv, taj dio će se tumačiti sukladno primjenjivom pravu na način koji će odražavati, što je bliže moguće, originalne namjere ugovornih strana, a ostali dijelovi ostati će u punoj snazi i učinku. Propust autor-a da iskoristi bilo koje svoje pravo ili odredbu iz ovog Ugovora neće se smatrati odricanjem od te odredbe ili od bilo koje druge odredbe. autor nije odgovoran za propuste ispunjavanja bilo koje obveze uslijed razloga koji su izvan njegove kontrole. Autor upravlja Uslugom iz svog ureda. Suglasni ste pridržavati se svih lokalnih, državnih, saveznih i nacionalnih propisa, zakona, uredbi i pravilnika koji se odnose na Vašu upotrebu programa ili Usluge. Autor Vam može poslati obavijest u pogledu Usluge elektroničkom poštom na Vašu elektroničku adresu koju navedete u programu, ili pismom putem pošte na poštansku adresu navedenu u programu, ili postavljanjem obavijesti na samoj Usluzi. Obavijesti stupaju na snagu odmah. Autor zadržava pravo poduzimanja radnji za koje autor smatra da su razumno potrebne ili prikladne radi provođenja i/ili provjeravanja sukladnosti s bilo kojim dijelom ovog Ugovora. Suglasni ste da autor ima pravo, bez ikakve odgovornosti prema Vama, otkriti Registracijske podatke i/ili podatke o Računu tijelima nadležnim za provedbu propisa, državnim službenicima i/ili trećoj strani, kada autor smatra da je to razumno potrebno ili prikladno radi provođenja i/ili provjeravanja sukladnosti s bilo kojim dijelom ovog Ugovora (uključujući, ali ne ograničavajući se na pravo autor-a da se uskladi s bilo kojim pravnim postupkom povezanim s Vašim korištenjem Usluge i/ili proizvoda, i/ili navodom treće strane da je Vaše korištenje Usluge i/ili proizvoda nezakonito i/ili povređuje prava te treće strane). Posljednja izmjena: 25.11.2014. g.