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GOVERNING THE USE OF MyNETS SERVICES » Updated as at 15 Jan 2010
 
  Terms and Conditions  
     
 
1. DEFINITIONS
  1.1 The following shall be the interpretations of the words used in this Terms:
 
WORDS
 INTERPRETATIONS

“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.

“MyNETS”

An electronic platform where User can store their personal and billing information which can be used inter alia to effect a Transaction using iNETS payment services such as iNETS Kiosk Services and iNETS Internet Services. For avoidance of doubt, MyNETS does not extend to iNETS Mobile Services at the moment.

“MyNETS Account”

Any account of a User maintained with NETS which allows, amongst other matters, for his personal 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 Users 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.

“Network”

The telecommunications network and systems used to provide the iNETS Mobile Services, iNETS Internet Services, iNETS Kiosk Services and the MyNETS Account services.

“PIN”

Personal Identification Number.

“Terms”

These Terms and Conditions Governing the Use of iNETS Mobile Services, iNETS Internet Services, iNETS Kiosk Services, MyNETS Account and NETS Cheque as varied or amended from time to time by NETS.

“Transaction”

Transactions effected by a User by means of the iNETS Kiosk Services, iNETS Mobile Services and iNETS Internet Services.

“User”

A person who has registered and owns a MyNETS Account.

  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 MyNETS, with the usage thereof subject to these Terms which shall bind each and every User of MyNETS.
  2.2 By using or allowing the use of the MyNETS Account, the User is deemed to have accepted and be bound by these Terms and that a valid and binding contract between the User and NETS comes into effect. Such Terms apply to the User’s use of MyNETS and any related products and services available through iNETS Kiosk Services, iNETS Mobile Services and iNETS Internet Services.
  2.3 The User of MyNETS hereby warrants that he has read and accepted the terms & conditions governing the use of iNETS Kiosk Services, iNETS Mobile Services, iNETS Internet Services and NETS Cheque, which are available on the NETS website at http://www.nets.com.sg. By accepting these Terms, the User also agrees to subject the use of MyNETS to those terms and conditions posted on the NETS website.
 
3.
 USE OF MyNETS
  3.1 Only Users resident in Singapore and at least 18 years old may apply for a MyNETS Account. For avoidance of doubt, the Users are not required to have any payment card in order to apply for a MyNETS Account.
  3.2 NETS shall endeavour to connect the User to the MyNETS Account on the same day as the User applies for a MyNETS Account. The successful connection and / or the User’s ability to access and use MyNETS depends on the features and functionality of User’s hardware and software and the nature and quality of the information being accessed.
  3.3 NETS reserves the right to withdraw its MyNETS Account services at any time without notice and shall not be liable to the User for any losses or damages for such withdrawal.
  3.4 NETS will provide the User with the MyNETS Account services using the Network. However, there may be upgrades made to the Network from time to time, which may make any current connections the User has to the MyNETS Account unfeasible. In such instances, it is the User’s responsibilities to upgrade his software or hardware at his own expense.
  3.5 NETS reserves the right, without prejudice to any other provisions of these Terms, to issue such reasonable instructions concerning the use of MyNETS as may be necessary in the interests of safety, quality of MyNETS services, or for any other valid reason NETS deems sufficient.
 
4.
 USER’S OBLIGATIONS
  4.1 The User confirms that the information provided to NETS about himself is true and accurate and permits NETS to verify this with any third party.
  4.2 The User is responsible for using MyNETS Account services 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.
  4.3 The User is advised to activate and periodically change the PIN codes. The User should also store the PIN codes and any other security codes carefully and should not disclose the same to a third party.
  4.4 The User must take all reasonable steps to prevent fraudulent, improper or illegal use of MyNETS, including taking measures to prevent unauthorised access to the Network, and / or MyNETS.
  4.5 The User must not use or permit the use or allow any part of MyNETS to be used:
  1. so as to cause the operation of the Network or the quality of MyNETS 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 MyNETS, NETS’ Network or any third party systems or Networks to which the User can connect through MyNETS directly or otherwise.
  4.6 The User agrees that he will not use any automatic device, or manual process to monitor or copy MyNETS web pages or the content contained herein without prior written authorisation from NETS. The User agrees that he will not take any action that imposes an unreasonable or disproportionately large load on NETS infrastructure.
  4.7 Much of the information on MyNETS web site is proprietary or is licensed to NETS by its Users or third parties. The User agrees that he will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content from MyNETS web site without the prior expressed written permission of NETS or the appropriate third party.
 
5.
 SUSPENSION / TERMINATION
  5.1 NETS may, without notice, suspend the User’s MyNETS Account for any valid reason and without limitation, including where:-
  1. the User is likely to create imminent physical harm (including but not limited to interruption, disruption or congestion) to the Network or instability to the MyNETS services;
  2. the User fails to observe any term or obligation set out in these Terms or any relevant law; or
  3. such action is deemed necessary by NETS or the regulatory authority (eg for maintenance, security or other valid reasons).
  5.2 NETS may, by written notice or such other forms as NETS deems appropriate, terminate the User’s MyNETS Account with effect from the date set out in the notice, where:-
  1. the User fails to rectify a situation which has given rise to a suspension of the User’s MyNETS Account within thirty (30) days of the suspension being imposed;
  2. it is in compliance with applicable regulatory laws and instruments; or
  3. for any reason NETS is unable to provide the MyNETS Account services to the User.
  5.3 Notwithstanding any other provision contained herein, NETS may terminate or withdraw the MyNETS Account services without assigning any reason, by giving the User three (3) months prior written notice, and will not be liable to provide the MyNETS Account services after the expiry of that period.
  5.4 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.
   
6.
 USER INFORMATION
  6.1 By using MyNETS, the User expressly authorises NETS to share his information with such persons 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.
  6.2 The User hereby authorises NETS to use the information provided for his MyNETS Account to manage and link to the iNETS Kiosk, iNETS Mobile, iNETS Internet and NETS Cheque environment to enable a more efficient flow and aggregation of information between the different channels.
  6.3 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 User 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.
  6.4 The User hereby expressly consents to NETS or NETS’ agents from time to time for contacting the User 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.
   
7.
 TRADEMARKS
  7.1 MyNETS trademark, logo and any other NETS’ brand name, whether registered or unregistered, are the property of NETS which the User will not be entitled to use in the course of trade or otherwise in relation to any goods or services of the User so that any person might reasonably import a connection between those goods or services and NETS or any part of NETS. The User also agrees not to infringe any copyright, or registered or unregistered trademark rights belonging to any third party in respect of MyNETS.
  7.2 Title to and all intellectual property rights in the software associated with MyNETS, associated documents and all parts thereof will be and remain vested in and be the absolute property of NETS.
  7.3 Nothing in these Terms will be deemed to or require NETS to transfer, assign or license any intellectual property rights to the User.
 
8.
 DISCLAIMERS
  8.1 MyNETS 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 MyNETS including but not limited to availability, accessibility, timeliness and uninterrupted use of MyNETS; or sequence, accuracy, completeness, timeliness or the security of any information transmitted using MyNETS or provided to the User as part of MyNETS.
  8.2 By using MyNETS, the User acknowledges that his use of MyNETS may at any time, be affected by various factors, including but not limited to, disruptions, messages not going through, delays or unsuccessful transactions.
  8.3 Notwithstanding anything to the contrary contained herein, NETS and its respective officers, employees, contractors or agents shall not be liable in any way to the User 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 User may incur or suffer in connection with or arising from:
      1. the use of MyNETS; or
      2. any delay or failure in the use of MyNETS;

      provided that the same is not caused by the gross negligence or wilful default of NETS.
   
9.
 EXCLUSION OF LIABILITY
  9.1 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 MyNETS Account services to the User 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 MyNETS by the User or third parties;
  3. any claim arising out of any act or omission by the User;
  4. any valid suspension or discontinuation of MyNETS; or
  5. any claim arising in relation to the provision (or non-provision), maintenance or use of telecommunications lines, channels, equipment, networks or services.
  9.2 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 User may incur or suffer in connection with or arising from the use of MyNETS.
  9.3 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 MyNETS are excluded to the fullest extent permitted by the applicable law.
   
10. INDEMNITY
  10.1 The User 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 User’s using MyNETS including but not limited to any personal injuries suffered, or any other liabilities incurred by NETS.
     
11. VARIATION
  11.1 NETS may, at any time and in its absolute discretion, amend or vary the Terms and / or withdraw, suspend or change MyNETS, without reference to the User.
     
12. ASSIGNMENT
  12.1 The User 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.
  12.2 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 User 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.
     
13. GOVERNING LAW
  13.1 These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore and the User hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of the Republic of Singapore in relation to MyNETS.
   
14. MISCELLANEOUS
  14.1 Any waiver, concession or extra time 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.
  14.2 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.
  14.3 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).
  14.4 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.