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GOVERNING THE USE OF NETS CHEQUE » Updated as at 14 June 2010
 
  Terms and Conditions  
     
 
1. DEFINITIONS
  1.1 The following shall be the interpretations of the words used in this Terms:
 
WORDS
 INTERPRETATIONS

“Approved Banks”

Development Bank of Singapore Limited, Oversea-Chinese Banking Corporation Limited, United Overseas Bank Limited, Standard Chartered Bank, and Citibank Singapore Limited collectively, and their respective successors-in-title, and such other banks as may be approved from time to time.

“Bank Account”

A Customer’s savings account at an Approved Bank, from which NETS will deduct such sums as has been used to effect any Transaction using the NETS Cheque.

“Banking Act”

The Banking Act including any amendments and supplements thereto from time to time.

“Customer”

A person who has registered with NETS to use the NETS Cheque services or any other payment modes as may be approved by NETS for use on the iNETS Kiosk Services, iNETS Mobile Services and iNETS Internet Services from time to time to effect a Transaction.

“iNETS Internet Services”

An internet commerce service from NETS that provides aggregated services from various Merchants on the internet using various modes of payment, including NETS Cheque.

“iNETS Kiosk Services”

The payment services provided by NETS through the provisions of iNETS Kiosk terminals under the NETS brand name, trademark and / or logo “iNETS Kiosk” for payment services at various locations in Singapore.

“iNETS Mobile Services”

A mobile commerce service from NETS that provides aggregated services from various Merchants on the mobile phone using various modes of payment, including NETS Cheque.

“Malfunction”

Any disruption, defect, damage, breakdown in or failure of the Network (including any data processing system or the network system) whether due to anything beyond the control of NETS or the Approved Banks or not.

“Merchant”

Any person for the time being and at the sole discretion of NETS who is engaged in the sale of goods and / or provision of services and and who is appointed or authorized by NETS to accept the NETS Cheque as a mode of payment for such goods and / or services.

“MyNETS Account”

Any account of a Customer maintained with NETS which allows, amongst other matters, for his personal, payment and billing information to be aggregated and managed as deemed most appropriate by NETS.

“NETS”

Network for Electronic Transfers (Singapore) Pte Ltd, a company incorporated in the Republic of Singapore and having its registered office at 298, Tiong Bahru Road, #04-01/06, Central Plaza, Singapore 168730, and its successor-in-title.

“NETS Cheque”

A virtual payment solution provided by NETS that allows Customers to make payments using the existing GIRO infrastructure on virtual channels, including but not limited to iNETS Kiosk Services, iNETS Mobile Services and iNETS Internet Services.

“NETS Cheque Reference Number”

The 12 digit unique number generated by NETS to allow Customers to apply for NETS Cheque.

“NETS Self-Service Top-Up Terminals”

The terminals designated by NETS for activation of NETS Cheque and provision of other services as may from time to time be determined by NETS in its sole discretion.

“Network”

The telecommunications network and systems used to provide the iNETS Mobile Service and the MyNETS Account services.

“PSOA”

The Payment Systems (Oversight) Act 2006 including any amendments and supplements thereto from time to time.

“Terms”

These Terms and Conditions Governing the Use of NETS Cheque as varied or amended from time to time by NETS.

“Transaction”

Transactions effected by a Customer by means of the NETS Cheque.

“Payment Limit”

The maximum amount that can be debited from Customers bank account per business day.
   
  1.2. The headings in these Terms are inserted for convenience only and shall be ignored in construing these Terms. Unless the context otherwise requires, words denoting the singular number only shall include the plural and vice versa. The words ‘written’ and ‘in writing’ include any means of visible reproduction. References to Clauses herein shall mean the clauses of these Terms.
   
2.
 ACCEPTANCE OF TERMS
2.1 NETS owns, operates and manages the NETS Cheque, with the usage thereof subject to these Terms which shall bind each and every Customer of the NETS Cheque.
  2.2 For the avoidance of doubt, none of the Approved Banks own, operate or manage the NETS Cheque under the Banking Act and the PSOA.
  2.3 By using or allowing the use of the NETS Cheque, the Customer is deemed to have accepted and be bound by these Terms and that a valid and binding contract between the Customer and NETS comes into effect. Such Terms apply to the Customer’s use of the NETS Cheque and any related products and services available through NETS Cheque.
  2.4 The Customer of the NETS Cheque hereby warrants that he has read and accepted the terms & conditions governing the use of iNETS Kiosk Services, iNETS Mobile Services and MyNETS Account, which are available on the NETS website at http://www.nets.com.sg. By accepting these Terms, the Customer also agrees to subject the use of NETS Cheque to those terms and conditions posted on the NETS website.
 
3.
 APPLICATION FOR NETS CHEQUE
  3.1 NETS allows the Customer to apply for the NETS Cheque by obtaining a NETS Cheque Reference Number via SMS or iNETS Mobile or any other channels as may be determined by NETS from time to time.
  3.2 The Customer may activate the NETS Cheque via any authorised channels, such as application forms, NETS Self-Service Top-Up Terminals, iNETS Kiosk, Approved Banks’ Internet Banking or any other channels as may be determined by NETS from time to time.
  3.3 The Customer may specific a Payment Limit during activation of NETS Cheque. If the Customer does not specify a Payment Limit, NETS default Payment Limit of $5,000 will apply.
  3.4 The NETS Cheque activation process may take up to twenty-one (21) working days for approval / rejection. The Approved Banks shall assess, evaluate and approve or reject the Customer’s applications, and to forward such approval or rejection to NETS. The Customers will be informed by NETS via SMS or any other channels as may be determined by NETS from time to time.
  3.5 NETS may reject the NETS Cheque application if the Customer fails to activate the NETS Cheque application within thirty (30) days after obtaining a NETS Cheque Reference Number.
  3.6 Upon successful NETS Cheque activation, the Customer must link the NETS Cheque to the iNETS Mobile or any other channels as may be determined by NETS from time to time.
  3.7 NETS and the Approved Banks may reject the NETS Cheque application, if:
      1. the NETS Cheque application is suspected to have been fraudulently tampered with;
      2. the Customer is not the authorized signatory of the Customer’s Bank Account; or
      3. such action is deemed necessary by NETS, the Approved Banks or the regulatory authority.
  3.8 The Customer is limited to no more than one (1) active NETS Cheque at any point in time.
 
4.
 TRANSACTION USING NETS CHEQUE
  4.1 Subject to these Terms, NETS allows the Customer to use the NETS Cheque from time to time to effect the Transactions made under the iNETS Kiosk Services, iNETS Mobile Services and iNETS Internet Services.
  4.2 When the Customer uses the NETS Cheque as a means of payment for a Transaction of iNETS Mobile Services and iNETS Internet Services, the balance in the Customer’s Bank Account will be reduced by the payment or Transaction amount. The deduction will be made within three (3) working days after the Transaction.
  4.3 NETS may reject the use the NETS Cheque for effecting payment, if:
  1. the NETS Cheque is suspected to have been fraudulently issued or tampered with;
  2. the balance of the Customer’s Bank Account is insufficient or has been exhausted;
  3. there is any breakdown in the Network or part thereof which disables a Merchant from accepting or processing the NETS Cheque as a means of effecting payment or a transaction; or
  4. NETS determines that the use of the NETS Cheque poses a risk to the Network;

and NETS, the Approved Banks or the Merchants shall not be liable for any loss, cost or damage suffered, if any, by the Customer as a result thereof.
  4.4 The Customer must ensure that there are sufficient funds in the Customer’s Bank Account for the payment of the Transaction amount(s). The Customer may be charged a fee by the Customer’s Bank (which fee shall be determined by the Customer’s Bank in its sole and absolute discretion), if the Customer fails to maintain such sufficient funds in the Customer’s Bank Account at the time when NETS attempts to deduction the Transaction amount(s) from the Customer’s Bank Account
  4.5 Neither NETS, the Approved Banks nor any of their officers, employees or agents shall be liable in any way for the goods and services sold or provided by the Merchants including any defect, damage, quality, failure or unavailability of or relating to the goods purchased from or services provided by Merchants or for any other disputes concerning the said goods or services.
  4.6 The Customer agrees that upon his use of the NETS Cheque as a means of payment, NETS is entitled to deduct payment for the goods or services sold or provided by it from the Bank Account, in such manner as may be determined by NETS.
 
5.
 CUSTOMER’S OBLIGATIONS
  5.1 The Customer confirms that the information provided to NETS about himself is true and accurate and permits NETS to verify this with any third party.
  5.2 The Customer is responsible for using NETS Cheque in compliance with all laws, regulations and user guides governing its use as well as any requirements or restrictions which NETS may impose on the use of the iNETS Kiosk Services.
  5.3 The Customer is responsible for all acts, omissions or payments using his / her NETS Cheque, including use by third parties. In particular, he is responsible for the payment of goods and services ordered or obtained via iNETS Kiosk Services, iNETS Mobile Services and iNETS Internet Services.
  5.4 The Customer should store the NETS Cheque Reference Number and any other security codes that may be assigned carefully and should not disclose the same to a third party.
  5.5 The Customer must take all reasonable steps to prevent fraudulent, improper or illegal use of the NETS Cheque, including taking measures to prevent unauthorised access to the Network and / or NETS Cheque.
  5.6 The Customer must not use or permit the use or allow any part of the NETS Cheque to be used:
  1. so as to cause the operation of the Network or the quality of NETS Cheque to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system; and
  2. to make or attempt any unauthorised access to any part or component of the NETS Cheque, NETS’ Network or any third party systems or Networks to which the Customer can connect through the NETS Cheque directly or otherwise.
   
6.
 SUSPENSION / TERMINATION
  6.1 NETS may, without notice, suspend the NETS Cheque to the Customer wholly or partially for any valid reason and without limitation, including where:-
      1. the Customer does not link the NETS Cheque to iNETS Mobile or iNETS Internet within thirty (30) days after successful NETS Cheque activation;
      2. the iNETS Mobile Services has been terminated;
      3. the Customer has terminated the use of the mobile phone number registered with NETS;
      4. the Approved Banks reject the Customer’s use of NETS Cheque;
      5. the Customer is likely to create imminent physical harm (including but not limited to interruption, disruption or congestion) to the Network or instability to the NETS Cheque services;
      6. there has been three (3) consecutive failed attempts to GIRO the Customers.
      7. the Customer fails to observe any term or obligation set out in these Terms or any relevant law; or
      8. such action is deemed necessary by NETS, the Approved Banks or the regulatory authority (eg for maintenance, security or other valid reasons).
  6.2 NETS may, by written notice or such other forms as NETS deems appropriate, terminate the NETS Cheque application with effect from the date set out in the notice, where:-
  1. the Customer fails to rectify a situation which has given rise to a suspension of the NETS Cheque, within thirty (30) days of the suspension being imposed;
  2. the Customer enters any liquidation or is adjudicated bankrupt, becomes insolvent or makes any composition or arrangement with or assignment for the benefit of creditors; or
  3. if for any reason NETS is unable to provide the NETS Cheque to the Customer.
  6.3 Notwithstanding any other provision contained herein, NETS may terminate or withdraw the NETS Cheque without assigning any reason, by giving the Customer three (3) months prior written notice or such other forms as NETS deems appropriate. NETS will not be liable to provide the NETS Cheque after the expiry of that period.
  6.4 Where NETS exercises any of its powers under this Clause 5, such exercise shall not prejudice or affect the exercise of any other right or remedy which may be available to NETS.
   
7.
 CUSTOMER INFORMATION
  7.1 By using NETS Cheque, the Customer expressly authorises NETS to share his information to such person as authorised by NETS, from time to time, to receive such information and / or relevant authorities, and in any event where required or permitted by law.
  7.2 The Customer hereby authorises NETS to use the information provided for his MyNETS Account to manage and link to the NETS Cheque environment to enable a more efficient flow and aggregation of information between the different channels.
  7.3 NETS, its group members, its board, directors or staff may not be held liable for any damage or loss arising from the access to, consultation or use of the Customer information that NETS has disclosed or utilised in accordance with Clauses 6.1 and 6.2 above, except in cases of proven fraud or serious misconduct on their part.
  7.4 The Customer hereby expressly consents to NETS or NETS’ agents from time to time for contacting the Customer by post, telephone, e-mail, text message, or other method regarding details of specific promotions or information on various products or services, either from NETS or other third parties.
 
8.
 TRADEMARKS
  8.1 The NETS Cheque trademark, logo and any other NETS’ brand name, whether registered or unregistered, are the property of NETS which the Customer will not be entitled to use in the course of trade or otherwise in relation to any goods or services of the Customer so that any person might reasonably import a connection between those goods or services and NETS or any part of NETS. The Customer also agrees not to infringe any copyright, or registered or unregistered trademark rights belonging to any third party in respect of the NETS Cheque.
  8.2 Title to and all intellectual property rights in the software associated with the NETS Cheque, associated documents and all parts thereof will be and remain vested in and be the absolute property of NETS.
  8.3 Nothing in these Terms will be deemed to or require NETS to transfer, assign or license any intellectual property rights to the Customer.
   
9.
 DISCLAIMERS
  9.1 The NETS Cheque is provided on an ‘as is’ and ‘as available’ basis and NETS disclaims any express or implied representation or warranties of any kind in relation to the NETS Cheque including but not limited to availability, accessibility, timeliness and uninterrupted use of the NETS Cheque; or sequence, accuracy, completeness, timeliness or the security of any information transmitted using the NETS Cheque payment services or provided to the Customer as part of the NETS Cheque payment services.
  9.2 By using the NETS Cheque, the Customer acknowledges that his use of the NETS Cheque, may at any time, be affected by various factors, including but not limited to, disruptions, messages not going through, delays or unsuccessful transactions.
  9.3 Notwithstanding anything to the contrary contained herein, NETS, the Approved Banks and their respective officers, employees, contractors or agents shall not be liable in any way to the Customer for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a full indemnity basis) that the Customer may incur or suffer in connection with or arising from:
  1. the issue or use of the NETS Cheque;
  2. any delay or failure in the use of the NETS Cheque;
  3. any period when the processing of the use of the NETS Cheque for payment is unavailable due to any Malfunction;
  4. any delay or any inability to use the NETS Cheque for any reason whatsoever, including the unavailability due to the Malfunction of the iNETS Kiosk Services, iNETS Mobile Services and iNETS Internet Services or damage to or defect in the NETS Cheque;
  5. the NETS Cheque being rejected by the iNETS Kiosk Services, iNETS Mobile Services and iNETS Internet Services for whatever reason; or
  6. any inability to retrieve any data or information to effect the NETS Cheque;

provided that the same is not caused by the gross negligence or wilful default of NETS and the Approved Banks.
  9.4 For avoidance of doubt, NETS provides a payment service, is not a sales agent for any Merchant and makes no representation and gives no warranty as to the content, quality, availability, suitability or timeliness of any goods and services offered by the Merchants. The purchase of such goods and services is at the Customer’s sole risk and NETS shall not be responsible or liable for any direct or indirect loss or damage suffered by the Customer arising from the purchase of such goods or services. Any terms and conditions of the Merchant pertaining to the sale of its goods or services shall apply to such goods and services and Customer should refer to the relevant Merchants for relief.
   
10. EXCLUSION OF LIABILITY
  10.1 NETS shall not be liable for any injury, loss or damage, whether foreseen or unforeseen, directly or indirectly resulting from:-
  1. any failure, interruption, delay, suspension or restriction in providing the NETS Cheque to the Customer which is due to any acts of God, requirements of any governmental or regulatory authority, industrial actions, strikes, lock-outs, power outages, riots, wars, acts of terrorism, accidents, fire, flood, lightning, equipment failure, computer or software malfunction, electrical power failure, faults, interruption or disruption of the Network or of equipment of NETS or the equipment or network of any third party, national emergency or epidemics of infectious diseases or any other cause whatsoever which is beyond the reasonable control of NETS;
  2. any unlawful or unauthorised use of or access to the Network, NETS Cheque by the Customer or third parties;
  3. any claim arising out of any act or omission by the Customer;
  4. any valid suspension or discontinuation of the NETS Cheque;
  5. any claim arising in relation to the provision (or non-provision), maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of Transaction being dropped for any reason;
  6. any claim arising out of or resulting from the quality of fitness for the purpose of, the NETS Cheque supplied to the Customer; or
  7. Any delay or inability of the Customer to access the NETS Cheque due to any Malfunction or Unavailability of the NETS Cheque System, whether caused by NETS or otherwise.
  10.2 Notwithstanding anything in these Terms, NETS shall not be liable in any way for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a full indemnity basis) whether it is foreseen or unforeseen, including but not limited to loss of profits, data, revenue, business, anticipated savings or goodwill, which the Customer may incur or suffer in connection with or arising from the use of NETS Cheque.
  10.3 NETS shall exercise reasonable skill and care in the provision of the NETS Cheque.
  10.4 Except as expressly provided in these Terms, all conditions, terms, warranties and representations whether express or implied by law in relation to the provision of the NETS Cheque are excluded to the fullest extent permitted by the applicable law.
     
11. INDEMNITY
  11.1 The Customer shall indemnify and hold harmless NETS in respect of any and all direct and indirect damages, losses, costs (including costs on a full indemnity basis), expenses, claims, proceedings or actions suffered or incurred by NETS, any Approved Banks or any other third party by reason of any breach or non-compliance of these Terms or by NETS in enforcing any of these Terms or preventing any breach thereof, or by NETS in providing and the Customer’s using the NETS Cheque including but not limited to any personal injuries suffered, or any other liabilities incurred by NETS.
     
12. VARIATION
  12.1 NETS may, at any time and in its absolute discretion, amend or vary the Terms and / or withdraw, suspend or change the NETS Cheque, without reference to the Customer.
     
13. ASSIGNMENT
  13.1 The Customer shall not, except with NETS’ written consent, assign or otherwise transfer its rights and obligations under these Terms in whole or in part to anyone.
  13.2 Notwithstanding the above, NETS reserves the right to transfer all rights and obligations under these Terms to any related corporation or associated company of NETS at any time, and the Customer consents to such transfer. NETS will publish information of such transfer as it deems appropriate, including by posting on the NETS website or such other forms as NETS deems appropriate) of such transfer.
   
14. GOVERNING LAW
  14.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore and the Customer hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the Republic of Singapore in relation to the NETS Cheque.
     
15. MISCELLANEOUS
  15.1 Any waiver or concession permitted by NETS is limited to the specific circumstances in which it is given and does not affect the rights of NETS under these Terms in any other way.
  15.2 If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Terms and the remainder of the provision(s) in question shall not be affected thereby.
  15.3 These Terms may be translated into other languages but in the event of any inconsistency or uncertainty arising there from, this English version shall prevail over any other version(s).
  15.4 Any party, who is not a party to these Terms, shall not have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) or any of its amendments.
     
 
® 2010 Network for Electronic Transfers (Singapore) Pte Ltd.