Terms and Conditions Governing the Use of NETS Prepaid Card

This agreement contains the terms and conditions applicable to each user’s use of:

 

  1. The NETS Prepaid Card (“NPC”), as set out in the main body of these terms (“NPC Agreement”);
  2. An NPC as a card or wallet for payment at NETS acceptance points, for payment for Merchant Services and as a card for payment of fares for Transit Services in the Public Transport System;
  3. A Top Up Facility for topping-up NPCs with cash, EFTPOS, or credit cards at a Merchant or on the NPCA, which includes automated debits from a user’s credit card or debit card, and/or such other methods as NETS may specify from time to time (“Top Up Facility”); and
  4. Use of the NETS Prepaid Card Mobile Application (the “NPCA”), the terms of which are set out in Annex A to the NPC Agreement (the “NPCA EULA”);

 

Collectively, the “Agreement”, with NETS.

 

Any of the following will each be subject the terms set out in this Agreement – namely (1) The purchase of an NPC and/or the subsequent use of the NPC, (2) the use of the Top Up Facility, (3) the use of the NPC for payment of fares for Transit Services in the Public Transport System and for payment for Merchant Services, or (4) the use of the NPCA.

 

Without prejudice to the generality of clause 13.1 of this NPC Agreement, NETS may from time to time update and amend this Agreement (or any Annexure), or any part thereof. Where NETS updates or amends this Agreement, it is agreed that NETS will post such an update at this link with such updated terms and conditions, and the updated terms and conditions will take effect from the next calendar day after such posting.  Your continued use of the NPC (including but not limited to the usage of the NPC at NETS acceptance points, payment at for Merchant Services, payment of fares for travel in public transport system, and loading of funds on the NPC), the NPCA, or of the NPC at NETS acceptance points or for the payment of Fares for travel in the Public Transport System, the Top Up Facility or the NPCA after any such amendment or update shall be taken as your agreement to be bound by the Agreement as so amended or updated from time to time.

 

1. Definitions

 

1.1. The following expressions shall have the meanings set out opposite them:

Auto Top Up Facility The meaning given to it in clause 5.12 of this NPC Agreement.
CashCard System The computerised system owned, operated and managed by NETS whereby, inter alia, payment for, or a transaction of, Merchant Services and/or Transit Services may be effected by a NETS Cardholder using the NPC.
Customer Service Points The points designated by NETS for the top-up or refund on NPC and provision of other services as may from time to time be determined by NETS in its sole discretion.
E-Money Has the same meaning under section 2 of the PS Act and is the electronically stored monetary value paid for in advance and stored in an NPC or the residual value remaining therein from time to time which may be used by a NETS Cardholder for the payment for or a transaction of Merchant Services and/or Transit Services.
Merchant Such third parties as designated by NETS from time to time which accept payment for goods and services by NPC, as determined by NETS.
Merchant Services Goods or services provided by a Merchant (excluding Transit Services).
NETS Cardholder The holder or user of an NPC (excluding persons who are appointed or authorized to sell the NPC, effect top-ups or refunds, or replace the NPC).
NETS Network for Electronic Transfers (Singapore) Pte Ltd, a company incorporated in the Republic of Singapore and having its registered office at 351 Braddell Road. #01-03 Singapore 579713, and its successor(s)-in-title.
NPC The NETS Prepaid Card. An E-Money facility (as defined under the PS Act) which is issued with NETS’ brand name, trademark and/or logo “NETS”
NPC Agreement The main body of the terms and conditions as set out here excluding Annex A.
NPC Validity Period has the meaning given to it at clause 8.4 of the NPC Agreement.
NPCA” or “NETS Prepaid Card App means the application for mobile devices offered by NETS from time to time that can be downloaded by any user of an NPC to manage the NPC value, functions and features via a mobile device, which is also known as the NETS App (2021).
PS Act The Payment Services Act 2019 including any amendments and supplements thereto from time to time.
Public Transport System The public bus and rail systems from time to time operated by SBS Transit Ltd, SMRT Trains Ltd, SMRT Buses Ltd, SMRT Light Rail Pte Ltd and such other persons as may be specified by TLPL from time to time.
Safeguarding Institutions DBS Bank Ltd, Oversea-Chinese Banking Corporation Limited and United Overseas Bank Limited collectively and their respective successors-in-title.
Terminals The terminals designated by NETS for NPC transactions and provision of other services as may from time to time be determined by NETS in its sole discretion.
Terms These Agreements as varied or amended from time to time by NETS.
TLPL Transit Link Pte Ltd, its successors and assigns and such other persons as may be authorized by the Land Transport Authority of Singapore from time to time.
Top Up Facility As defined in preamble c above.
Top Up Limitation The limits imposed on how many times E-Money made be added to the balance on an NPC, more particularly set out at clause 5.14 of this NPC Agreement.
Transit Services The services from time to time provided by the operators for or in connection with the transportation of passengers in the Public Transport System (excluding Merchant Services).

 

1.2. The definitions above shall have the same meaning in the Annexures to the NPC Agreement unless otherwise differentiated in the Annexure. “Annexure” means the Annexes to this Agreement, and any reference to any Annexure means the reference to any of them.

 

1.3. Words importing the singular include the plural and vice versa and, words importing a gender include every gender. References herein to “Clauses” shall mean the clauses of this NPC Agreement.

 

1.4. This NPC Agreement governs the use of the NPC. If there is any conflict or inconsistency between this NPC Agreement and other parts of this NPC Agreement as it relates to the use of the NPC, this NPC Agreement will prevail to the extent necessary to resolve such conflict or inconsistency.

 

1.5. The rights of NETS and the obligations on you, each under any Annexure, is cumulative with the terms of the NPC Agreement and other Annexures.

 

2. Relationship

 

2.1. The use of the NPC is subject to these Terms which shall bind every NETS Cardholder.

 

2.2. NETS owns, operates and manages the CashCard System.

 

2.3. NETS is a payment service provider holding the E-Money, paid in advance for all NPC under the PS Act and NETS hold the E-Money, upon these Terms, and subject to these Terms, is accordingly liable to each NETS Cardholder in respect of the E-Money.

 

2.4. For the avoidance of doubt, none of the Safeguarding Institutions own, operate and manage the CashCard System, or are issuers of the NPC or the E-Money under the PS Act. None of the Safeguarding Institutions have any contractual relationship with any NETS Cardholder. However, as safeguarding institutions under the PS Act, the Safeguarding Institutions, in addition to NETS, are also jointly and severally liable to the NETS Cardholder for the refund of the E-Money of his NPC under the PS Act and subject to these Terms.

 

2.5. For avoidance of doubt, and without prejudice to the generality of clause 3 of this NPC Agreement, NETS is not an agent of (nor is it liable for) the Merchant, TLPL, or operators of the Transit Services (or of the Land Transport Authority or any affiliated body). Your agreement to use the NPC is on the condition that you agree that you will not attempt to hold NETS responsible liable in any way in connection with any loss or damage you may suffer or any claim you may have in relation to the supply of Merchant Services or the Transit Services.

 

2.6. Notwithstanding anything stated in this NPC Agreement or the NPCA EULA, NETS is not liable in any way for any claim or dispute arising between yourself and any Merchant(s) in relation to the Merchant Services or the Transit Services as supplied by the Merchant or TLPL respectively, whether purchased or paid for using the NPC or the NPCA. NETS is also not responsible for any benefits, discounts or programmes of (i) the Merchant or (ii) of TLPL. NETS is not responsible for delivery of the Merchant Services provided by the Merchant or TLPL and NETS makes no representation as to the quality, merchantability, fitness for purpose or provision or performance of any of them. You acknowledge that we NETS does not act as an agent for any Merchant or TLPL.

 

2.7. You agree that any complaints, claims, disputes or refunds in relation to Merchant Services, the Transit Services or anything in connection with them: (i) shall be resolved between that yourself and TLPL or the Merchant (as the case may be), and (ii) NETS shall not be responsible in any way for the resolution of the same including but not limited to effecting any refunds in respect of any payment made in relation to the Merchant Services or Transit Services.

 

3. Liability of NETS and the Safeguarding Institutions

 

3.1. Subject to the provisions of these Terms, NETS, is a major payment institution and payment service provider under the PS Act, and the Safeguarding Institutions, as the safeguarding institutions under the PS Act, are only liable to a NETS Cardholder in respect of the refund of the E-Money without any interest accruing.

 

4. Issuance and Purchase of NPC

 

4.1. The NPC may be purchased by any person at a non-refundable cost of S$5.00 and for such other fees or charges, if any, as may be imposed from time to time by NETS. The NETS Cardholder shall examine the NPC upon its issue and each time, he tops up the NPC and shall be solely responsible for ensuring that the E-Money therein is accurate and corresponds to the amount paid or topped up on the NPC. NETS, the Safeguarding Institutions and their respective officers, employees and agents shall not be held liable for any error or omission not drawn to their attention upon the issuance or top-up of the NPC.

 

4.2. The purchase of an NPC and/or the subsequent use thereof by a NETS Cardholder shall be deemed to be acceptance by the NETS Cardholder of:

 

4.2.1. these Terms and any variation or amendment thereto which may be made from time to time by NETS without reference or notice to a NETS Cardholder; and

 

4.2.2. such notices, guidelines, rules and directions in respect of the use of an NPC as prescribed/published by NETS from time to time.

 

5. NPC Transactions

 

5.1. The NPC shall only be used as a means of payment for a transaction of Merchant Services and/or Transit Services and nothing else. Upon such payments or transactions, the E-Money in the NPC shall be reduced by the payment or transaction amount. The E-Money shall also be reduced by deductions made hereunder.

 

5.2. Notwithstanding the aforesaid, (1) NETS, any Merchant, or TLPL may reject the use of the NPC for effecting payment for, or a transaction, of Merchant Services and/or Transit Services respectively, and (2) NETS, the Safeguarding Institutions, TLPL or the Merchant shall not be liable for any loss, cost or damage suffered by the NETS Cardholder (if any)as a result where:

 

5.2.1. the NPC is suspected by NETS, TLPL (or operators of the Transit Services, or of the Land Transport Authority or any affiliated body) and/or any Merchant to be a counterfeit, or to have been fraudulently or illegally issued or revalued, or to have been stolen or tampered with in any way;

 

5.2.2. the NPC has expired;

 

5.2.3. the E-Money of the NPC is insufficient or has been exhausted;

 

5.2.4. there is any breakdown in the CashCard System or part thereof which disables a Merchant from accepting or processing the NPC as a means of effecting payment or a transaction; and/or

 

5.2.5. NETS determines that the use of the NPC poses a risk to the CashCard System; or

 

5.2.6. NETS and/or the Safeguarding Institutions determine that the E-Money in the NPC is incorrectly or erroneously stated or reflected in the NPC or any records as having a higher or other value than its actual value due to any defect, damage, error or failure of, or programming in relation to, the CashCard System (including any data processing system or the network system) or for any reason.

 

5.3. Neither NETS, the Safeguarding Institutions nor any of their officers, employees or agents shall be liable in any way for the goods and services sold or provided by the Merchant including any defect, damage, quality, failure or unavailability of or relating to the goods purchased from or services provided by Merchant or for any other disputes concerning the said goods or services.

 

5.4. The NETS Cardholder agrees that upon his use of the NPC as a means of payment for, or a transaction of, Merchant Services and/or Transit Services, the Merchant is entitled to deduct payment for the goods or services sold or provided by it from the E-Money, in such manner as may be determined by NETS and the Merchant.

 

5.5. For the purposes of the use of the NPC for the payment of fares in Public Transport System, the NETS Cardholder agrees that the NPC may be blacklisted:

 

5.5.1 by TLPL for the purposes as deemed fit and determined by TLPL, or operators of the Transit Services (or of the Land Transport Authority or any affiliated body); or

 

5.5.2 when the E-Money balance in the NPC should fall below S$3.00 at the presentation of the NPC for the purposes of payment for travel in the Public Transport System (in which case it may cease to be blacklist if the NPC is re-valued to more than S$3.00 prior to the next presentation of the NPC for payment for travel in the Public Transport System.

 

5.6. Where so, the NETS Cardholder agrees that NETS shall not be liable for the inability to use the NPC or of any consequences that should follow from such blacklisting or non-removal of the NPC from such blacklisting. Where blacklisted, the NETS Cardholder agrees and acknowledges that the ability to use the NPC is solely dependent on the discretion of TLPL, or operators of the Transit Services (or of the Land Transport Authority or any affiliated body) and that the use of the NPC for payment of such services is dependent on any such process or terms that may apply.

 

5.7. The NETS Cardholder acknowledges and agrees that:

 

5.7.1. An NPC may become a Paired NPC (as defined in the NPCA EULA) using the NPCA. Where so, the NPCA User Account (as defined in NPCA EULA) will thereafter be linked to the NPC.

 

5.7.2. A Paired NPC will continue to have the same functionalities as an ordinary NPC, except that NPCA Services may be enabled by the NPCA from time to time in connection with the Paired NPC, for so long as the Paired NPC is linked to the User Account under the NPCA.

 

5.7.3. The availability of the NPCA Services (as defined in NPCA EULA) in connection with any Paired NPC is subject to due compliance with the NPCA EULA at all times.

 

5.7.4. Once an NPC has become a Paired NPC, the NPC shall cease to become transferable in that its use will be exclusively linked to the User Account (as defined in the NPCA EULA) it is linked with. Any use of the Paired NPC and any features of a Paired NPC and the NPCA Services will require verification with the linked User Account of the NPCA.

 

5.8. The NPC will be supplied with content, markings and indicia including but not limited to the following which you agree you will not tamper with in any way (“NPC Markings”):

 

5.8.1. The trademarks or get-up of NETS;

 

5.8.2. Logos of third parties or certification marks;

 

5.8.3. Other indicia indicating the NPC’s features and functionalities;

 

5.8.4. A unique 16 digit number for the NPC;

 

5.8.5. The “NPC Valid Thru” or “Expiry Date” (as the case may be) set out on the NPC;

 

5.8.6. A summary statement linking / referring to the terms and conditions of this Agreement (and any URL where the same is published);

 

5.8.7. QR code for the download of the NPCA;

 

5.8.8. Acceptance logos of Merchants, TLPL or other parties (if applicable and applied by NETS as may determine or apply at the time of issuance or sale for each batch of NPCs);

 

5.8.9. Contact centre number;

 

5.8.10. 3 digit security code set out on the NPC; and

 

5.8.11. Any additions to, update of or variations of the above as NETS including any other content, markings and indicia as NETS may deem fit at the time of issuance for each batch of NPCs).

 

5.9. The NETS Cardholder agrees to safeguard and preserve the NPC such that NPC Markings are maintained and kept clear and that any failure to do so will entitle NETS to terminate the NPC in accordance with this Agreement.

 

5.10. The NETS Cardholder acknowledges and agrees that the 3 digit security code is required for the converting the NPC to a Paired NPC, and (for a non-Paired NPC) for the purposes of securing a refund on the E-Money amounts contained in the NPC.

 

5.11. The NETS Cardholder may revalue an NPC via use of a Top Up Facility as made available by NETS, whether through the NPCA, or via other means including terminals or other devices (whether operated by NETS or at Merchant premises, as in its sole discretion as determined by NETS). The NETS Cardholder agrees that such Top Up Facility may be subject to any further terms or limitations as NETS may specify or require from time to time, whether by publication via an update of this Agreement or via notification and agreement via any other interface used in a Top Up Facility.

 

5.12. The NETS Cardholder agrees that where a Top Up Facility is made in the form of an automatic transfer of funds (whether transferred from a bank account of a depositor, or on a credit card or direct debit account, or other types of account as permitted by NETS from time to time) (“Auto Top Up Facility”), that the execution of transfers under such Auto Top Up Facility will be subject to:

 

5.12.1. there being adequate funds or credit in the relevant account;

 

5.12.2. clear, unambiguous and un-revoked mandates and instructions issued by NETS Cardholder to the organisations that manage the source of funds for the Top Up Facility (e.g. credit card companies, and other financial institutions, banks or operators of services to provide such accounts) including as to amounts, thresholds and triggers to activate the transfers; and

 

5.12.3. compliance with any requirements or instructions by NETS in relation to the establishment and use of the Auto Top Up Facility as NETS may issue from time to time.

 

5.13. The NETS Cardholder acknowledges and agrees that NETS is not liable for any failures to revalue or top up the NPC due to failure to meet such foregoing conditions or any action or omission of any third party or the NETS Cardholder. The NETS Cardholder acknowledges and agrees that no revaluation or refund of any NPC may be executed through any Automated Teller Machine (“ATM”), and that any revaluation or refund of an NPC may only be through an NPCA, or other designated device or process NETS may permit from time to time.

 

5.14. The NETS Cardholder acknowledges and agrees that the following limitations apply to any top up of the NPC (the “Top Up Limitation”) (including the Auto Top Up Facility):

 

5.14.1. An NPC may only be topped up no more than three (3) times per calendar day, if the E-Money is topped up via credit cards, regardless of whether it is a manual or an automated top up. This limit however, does not apply to cash top ups or top ups performed via a Designated Account (as defined in the NPCA EULA).

 

5.14.2. The maximum top up via credit cards that can be applied as a top up to the NPC at any one time is S$50. However, this limit may be varied by NETS in its sole discretion from time to time.

 

5.14.3. Except in the case of top ups using VISA and MasterCard credit or debit cards issued by DBS or UOB, or other service explicitly designated by NETS from time to time, NETS may charge a fee relating to such top up transaction being the sum of S$0.50 per top up transaction.

 

5.15. Except as permitted by NETS in limited circumstances set out or published by NETS (whether notified via updates to this Agreement, or through NPCA interface or by other means – and in such cases for only limited NPCs), the NETS Cardholder acknowledges and agrees that the maximum value that any NPCs managed by the NPCA, including in combination with any other wallets or any stored values (including other e-money products linked to or) managed by the NPCA is S$1,000 and that the NPCA will prevent this limit from being exceeded.

 

5.16. The NETS Cardholder acknowledges and agrees that an NPC may become “blocked” at any time, meaning that such NPC becomes unusable. Where so, NETS undertakes no liability of any kind, nor will you hold NETS liable in any way as to the inability to use the blocked NPC for the payment for Merchant Services or for payment of Transit Services. A blocked NPC may be re-activated at the discretion of NETS, after which, subject to such time as NETS may notify, the NPC may then resume the functionality of NPCs as may be applicable at the time of the re-activation.

 

5.17. Notwithstanding anything stated in this Agreement (or any Annexure), any reference to functionality, transactions, usage or linkage with any credit or debit card or any account other than a current account or a savings account with a bank approved by NETS as a source of funds or for the payment into of funds is not in force and will not be applicable until such time as NETS will update via an update to this Agreement (or the any Annexure), and such provisions will have no effect at such time until then.

 

6. Care and use of NPC; Loss or theft of NPC

 

6.1. The NETS Cardholder acknowledges that the NPC is and remains at all times the property of NETS and shall:

 

6.1.1. exercise all due care and diligence in the custody, care and use of the NPC;

 

6.1.2. not tamper or allow anyone to tamper with the NPC;

 

6.1.3. not permit the NPC to be used in any unauthorised manner;

 

6.1.4. not intentionally deface or damage the NPC;

 

6.1.5. not affix, print or attach anything or matter onto the NPC or otherwise alter, remove or replace any notice, logo or design on the NPC;

 

6.1.6. not use or attempt to use the NPC through any Terminal that is malfunctioning or has broken down; and

 

6.1.7. comply with all applicable laws and regulations in respect of the NPC and the use thereof.

 

6.2. The NETS Cardholder shall additionally use the NPC in accordance with such terms and conditions as may be applicable to any specific services provided by NETS, the Merchant Services or Transit Services.

 

6.3. Except as permitted by NETS, any attempt to affix, print or attach anything or matter onto the NPC or otherwise alter, remove or replace any notice, logo or design on the NPC will result in damages that NETS may seek against the NETS Cardholder. NETS and the Safeguarding Institutions may, in their sole discretion, refuse any request from a NETS Cardholder to top up or refund the NPC if the NPC has been defaced in the aforesaid manner.

 

6.4. If the NPC is wilfully damaged, lost or stolen or if the NETS Cardholder is in breach of Clause 1 hereof, the NETS Cardholder shall not be entitled to any refund whatsoever and NETS shall be entitled to make deductions from the E-Money for transactions effected through the damaged, lost or stolen NPC. NETS and the Safeguarding Institutions are not liable for any financial losses incurred from the loss or theft of an NPC and have no obligation whatsoever to prevent the use of a lost or stolen NPC by any person other than a NETS Cardholder.

 

6.5. NETS and the Safeguarding Institutions reserve the right to deal with and to take such courses of action as they may deem appropriate with respect to damaged, defective, tampered, lost, stolen or counterfeit NPC.

 

6.6. Notwithstanding anything in these Terms, the onus is on the NETS Cardholder at all times to safeguard the NPC and ensure that it is not lost or stolen or used by any unauthorized person. NETS, the Safeguarding Institutions, the Merchant or TLPL is not any obligation to determine whether any NPC is stolen or is used by an unauthorized person. Each of NETS, the Safeguarding Institutions, the Merchant and TLPL shall be entitled to treat any person for the time being in physical possession and control of any NPC as the rightful holder of the NPC and entitled to all rights and privileges granted to a NETS Cardholder in respect of the NPC including all rights to refund of the E-Money thereof, and shall not in any way be liable for any loss, costs, damages or prejudice suffered by any person including the rightful holder of the NPC with respect to any transaction effected through the stolen or lost NPC.

 

6.7. In the event that any NPC is lost, it may be locked if it is a Paired NPC in which case the NPC shall become a locked NPC as described in Clause 16 of this NPC Agreement.

 

7. Return and Retention of NPC

 

7.1. Notwithstanding the non-refundable cost for a NPC and such other fees or charges, if any, as may be imposed from time to time by NETS for an NPC, the NPC remains the property of NETS and shall be promptly returned to NETS upon request by NETS subject always to the NETS Cardholder’s right to a refund of the E-Money of the NPC in accordance with these Terms in particular Clauses 7 and 8

 

7.2. NETS, the Safeguarding Institutions, the Merchant, TLPL and their respective representatives shall be entitled without assigning any reason therefor to retain at the Terminals any NPC which is reasonably suspected to have been fraudulently issued, stolen or tampered with.

 

7.3. NETS and/or the Safeguarding Institutions may in their sole discretion retain any NPC at the same time or after a full refund of the E-Money has been made to a NETS Cardholder and the NETS Cardholder shall have no claim whatsoever against NETS and/or the Safeguarding Institutions.

 

8. Refunds, Validity and Replacement Applicable to NPC

 

8.1. The refund of the E-Money shall be made in accordance with such procedural or operational requirements as NETS may from time to time prescribe and failure by the NETS Cardholder to observe or comply with such procedural or operational requirements may result in delay in processing any refund.

 

8.2. For the avoidance of doubt, as at the time of the publication of this Agreement, the following are parameters limiting the right to a refund (subject to Clause 6 below):

 

8.2.1. A refund may only be processed where there is a termination of this Agreement or the expiry / termination of an NPC.

 

8.2.2. Refunds must be of the full amount of the remaining balance of E-Money in the NPC, and may not be in relation to a partial balance of the same.

 

8.2.3. Refunds must be paid into a designated account (whether this is a “Designated Account” as defined in the NPCA EULA, or a designated account you apply to NETS for the refund of the money (which is in turn subject to verification and approval by NETS).

 

8.2.4. The account designed in Clause 2.3 of this NPC Agreement may not receive refunds of NPCs for more than five (5) times in a calendar year. In the event that this limit is reached, further requests for refunds to this account will be declined until such time as the time limit restriction has expired.

 

8.2.5. In the event that an NPC that is not a Paired NPC is lost, there will be no refund permitted. You agree that you will have no expectation of, nor any right to a refund in such a situation.

 

8.3 Notwithstanding anything herein contained, NETS and/or the Safeguarding Institutions shall not be liable to make a refund of the E-Money if:

 

8.3.1. For an NPC that is not Paired:

    1. the NPC is not presented by the NETS Cardholder at the time of a request for a refund;
    2. the encoded data in the NPC or any part thereof is erased, altered or tampered with as determined by NETS and/or the Safeguarding Institutions;
    3. the encoded data in the NPC and/or its external card number are not readable for any reason as determined by NETS and/or the Safeguarding Institutions;
    4. NETS and/or the Safeguarding Institutions determine that the E-Money in the NPC is incorrectly or erroneously stated or reflected in the NPC or any records as having a higher or other value than its actual value due to any defect, damage, error or failure of, or programming in relation to, the CashCard System (including any data processing system or the network system) or for any reason; or
    5. the NPC has been damaged or tampered with whether intentionally or otherwise as determined by NETS and/or the Safeguarding Institutions in their sole discretion.

 

8.3.2. For a Paired NPC:

    1. NETS and/or the Safeguarding Institutions determine that the E-Money in the NPC, is incorrectly or erroneously stated or reflected in the NPC or any records as having a higher or other value than its actual value due to any defect, damage, error or failure of, or programming in relation to, the CashCard System (including any data processing system or the network system) or for any reason,
    2. the NPC has been tampered with whether intentionally or otherwise as determined by NETS and/or the Safeguarding Institutions in their sole discretion.

 

8.4. The NPC shall be valid for a period of five (5) years from the date of issue unless otherwise stated on the card (hereinafter called the “NPC Validity Period“). Thereafter, the NPC shall be deemed expired and is not valid for any use. NETS may from time to time and at its sole discretion vary the NPC Validity Period.

 

8.5. Subject to these Terms, NETS and each of the Safeguarding Institutions shall be fully liable to the NETS Cardholder for the refund of the E-Money of the NPC and the NETS Cardholder shall, subject to these Terms, have recourse to NETS and the Safeguarding Institutions for the refund of the E-Money.

 

8.6. Subject to these Terms, the NETS Cardholder shall be entitled to a refund of the E-Money of the NPC effected pursuant to Clause 7 hereof within one (1) year after the NPC Validity Period, PROVIDED THAT if a refund of the E-Money of the NPC is requested or effected not more than one (1) year after the NPC Validity Period. For the avoidance of doubt, the NETS Cardholder agrees and acknowledges that no refund is possible in respect of any NPC that does not meet the refund criteria under Clause 8.2 or is excluded refunds due to Clause 8.3.

 

8.7. The NETS Cardholder shall not be entitled to a refund of the E-Money after the lapse of one (1) year after the NPC Validity Period whereupon the NETS Cardholder shall have no claim whatsoever against NETS and the Safeguarding Institutions.

 

8.8. Subject to the provisions of Clause 7 and Clauses 3 to 8.6, the NETS Cardholder may effect the refund of the E-Money:

 

8.8.1. at any Customer Service Point in which event the NPC in question shall be retained by NETS or disabled after the refund has been completed; or

 

8.8.2. at such other terminal(s) or premises as NETS may from time to time specify.

 

8.9. In the event NETS determines in its sole discretion that an NPC is defective (not through any fault or act of the NETS Cardholder) during its use for payment for, or a transaction of, Merchant Services or Transit Services, NETS shall replace the defective NPC with a new NPC during the NPC Validity Period at no additional charge. No replacement shall be made by NETS for any NPC after the expiry of the NPC Validity Period. PROVIDED ALWAYS THAT NETS is not liable nor shall it be obliged to replace the defective NPC with a new NPC if:

 

8.9.1. the defective NPC is not surrendered by the NETS Cardholder at the time of request for a replacement;

 

8.9.2. NETS or its agent(s) determine in their respective sole discretion that the defective NPC is damaged (whether or not through the fault or act of the NETS Cardholder) by the NETS Cardholder’s failure to take proper care of the card;

 

8.9.3. the defective NPC is de-laminated, peeled, broken or otherwise damaged due to wear and tear or any other act;

 

8.9.4. the external card number of the defective NPC is not readable for any reason as determined by NETS or its agent(s);

 

8.9.5. NETS or its agent(s) determine in their respective sole discretion that the NPC is defective as a result of the improper use or mishandling of the card by the NETS Cardholder.

 

If any of the circumstances in clauses 8.9.1, 8.9.2, 8.9.3, 8.9.4, or 8.9.5 occurs, NETS may in its sole discretion allow a replacement of the NPC upon such terms as NETS may stipulate including imposing a fee or charge for the replacement.

 

8.10. Pursuant to a request by a NETS Cardholder for a replacement under Clause 8.8, the defective NPC shall be surrendered to and retained by NETS or its agent(s) at the time of the request. The determination by NETS or its agent(s) as to the amount of the E-Money of the NPC shall, save for manifest error, be deemed conclusive and binding on the NETS Cardholder. NETS reserves the right to make adjustments or changes to such determination in the event that any subsequent or additional records received by NETS after such determination indicate a different value from the value determined by NETS at the time of replacement.

 

8.11. When a replacement of a defective NPC under Clause 8 is approved by NETS or its agent(s), the NETS Cardholder shall be given a new NPC without any E-Money. The new card shall be activated by NETS and the NETS Cardholder shall complete such documentation as required by NETS or its agent(s) for the refund of the E-Money in the defective NPC and such refund shall be made into the NETS Cardholder’s bank account within seven (7) working days.

 

9. Damaged NPC

 

9.1. In the event that the NPC is damaged or becomes defective solely on account of normal wear and tear or otherwise through no fault of the NETS Cardholder, the NETS Cardholder shall be entitled to seek a refund of the E-Money pursuant to and in accordance with Clauses 7 and 8 Except as provided in Clause 8.6, the NETS Cardholder shall not be entitled to a replacement of his NPC.

 

9.2. Subject to Clause 1 above, NETS and the Safeguarding Institutions reserve the right to deal with and to take such course of action as they may think appropriate with respect to damaged, defective or tampered NPC including but not limited to, withholding any refund of the E-Money thereof (if determinable) or otherwise.

 

10. Termination of NPC; Determination of E-money

 

10.1. The NPC may be terminated at any time prior to its expiry via its termination through the NPCA or through a return of the NPC to NETS. Such termination shall make applicable any relevant provision under this Agreement (including any Annexure) relating to refunds of the E-Money under the NPC.

 

10.2. For the purpose of determining the E-Money of the NPC in the event of a refund from NETS or any of the Safeguarding Institutions, the value as determined by NETS from either the value recorded in the NPC or the central records of NETS shall, save for manifest error, be deemed conclusive and binding against the NETS Cardholder.

 

10.3. The NETS Cardholder shall, upon receipt of the refund, be deemed to have accepted the amount thereof as entirely correct and conclusive, and agrees to discharge each of NETS, the Safeguarding Institutions and their officers, employees and agents from any loss, damage, expense and/or liability whatsoever.

 

11. Disclaimers and Exemptions

 

11.1. Notwithstanding anything to the contrary contained herein, NETS, the Safeguarding Institutions and their respective officers, employees, contractors or agents shall not be liable in any way to the NETS Cardholder 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 NETS Cardholder may incur or suffer in connection with or arising from:

 

11.1.1. the issue or use of the NPC;

 

11.1.2. any delay, suspension, discontinuance or failure in the issuance of the NPC or the NPCA;

 

11.1.3. any delay or suspension in the refund of the E-Money of the NPC;

 

11.1.4. any period when the processing of the use of the NPC for payment is unavailable due to any disruption, defect, damage, breakdown in or failure (collectively “Malfunction“) of the NPC, the , the NPCA, the Terminals and/or the CashCard System (including any data processing system or the network system) whether or not due to anything beyond the control of any of the foregoing persons;

 

11.1.5. any delay or any inability to use the NPC for any reason whatsoever, including but not limited to the unavailability due to the Malfunction of the Terminals, the NPCA and/or

 

11.1.6. CashCard System or damage to or defect in the NPC or the NPCA;

 

11.1.7. the NPC being rejected by the Terminals and/or CashCard System for whatever reason;

 

11.1.8. any inability to retrieve any data or information on the NPC or the NPCA; or

 

11.1.9. any delay or inability to perform any of its obligations due directly or indirectly to the Malfunction of any machine or communication system, industrial dispute, war, act of God, or anything outside the control of NETS and/or the Safeguarding Institutions;

 

PROVIDED in the case of any of the foregoing, that the same is not caused by the gross negligence or wilful default of NETS and the Safeguarding Institutions.

 

11.2. Notwithstanding anything to the contrary contained in this Agreement, the maximum liability of NETS and the Safeguarding Institutions (whether jointly or severally) to the NETS Cardholder, apart from their respective liabilities described in Clause 1 above, shall not exceed in aggregate the sum of Singapore Dollars One Thousand (S$1000) per NPC or an amount equivalent to the aggregate sum of E-Money of the NETS Cardholder’s NPC as at the date the NETS Cardholder’s claim arises, whichever is the lesser.

 

11.3. Unless (and to the extent) expressly stated in this Agreement, all other representations, warranties, conditions or terms relating to fitness for purpose, quality or condition of the NPC, the NPCA, and the CashCard System, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

 

12. Indemnity

 

12.1. The NETS Cardholder shall indemnify and hold harmless NETS and the Safeguarding Institutions in respect of any and all damages, losses, costs (including costs on a full indemnity basis), expenses, claims, proceedings or actions suffered or incurred by NETS, the Safeguarding Institutions or any third party by reason of any breach or non-compliance by the NETS Cardholder of this Agreement (or any Annexure) or by NETS or the Safeguarding Institutions in enforcing any of this Agreement (or any Annexure) or preventing any breach thereof.

 

13. Variation

 

13.1. NETS reserves the right to add to, delete from, vary or otherwise amend all or any of this Agreement (or any Annexure) at any time by publication thereof at its website (including at https://www.nets.com.sg/terms-and-conditions/), appropriate locations at the Terminals, Merchant‘s premises or such other premises as may be determined by NETS. The NETS Cardholder’s continued use of the NPC after the date of such notification shall be deemed to be the NETS Cardholder’s acceptance of such revised Terms.

 

14. Conditions for use of payment for Transit Services

 

14.1. The use of the NPC for the payment of Transit Services shall be subject to the terms and conditions of TLPL, or operators of the Transit Services (or of the Land Transport Authority or any affiliated body).

 

14.2. In the event that any NPC is retained by TLPL, or operators of the Transit Services (or of the Land Transport Authority or any affiliated body) Clauses 7 and 8 of the NPC Agreement shall be subject to the terms and conditions of the operators the Transit Services.

 

15. Governing Law

 

15.1. These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. The NETS Cardholder hereby irrevocably and unconditionally submits to the nonexclusive jurisdiction of the Courts of Singapore for all purposes in relation to these Terms.

 

15.2. These Terms may be translated into other languages but in the event of any inconsistency or uncertainty arising therefrom, this English version shall prevail over any other version.

 

16. Contracts (Rights of Third Parties) Act (Cap 53B)

 

16.1. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of these Terms. For the avoidance of doubt, each of the Safeguarding Institutions are entitled to the benefit of, and to enforce, all provisions of these Terms conferring rights, exemptions or benefits on them.

 

17. Trademarks

 

17.1. All copyright and other intellectual rights in the CashCard System, the “NPC” and the names, marks, designs, logos, acronyms and other insignia (whether registered or unregistered) owned or to be owned by NETS and used or to be used by NETS shall vest in, and be owned by, NETS. Nothing in these Terms shall confer or transfer or deem to confer or transfer any such rights to the NETS Cardholder.

 

18. Waiver

 

18.1. No delay or failure on the part of NETS or the Safeguarding Institutions in exercising any power, right or remedy under these Terms shall operate as a waiver of such power, right or remedy.

 

19. Lost NPCs

 

19.1. In the event of any loss of the NPC, the NETS Cardholder shall promptly report the loss of the card to NETS by calling 62741212 or such other number as NETS may notify on its website during office hours with the following information:

 

19.1.1. Name of NETS Cardholder;

 

19.1.2. NRIC or passport number of NETS Cardholder;

 

19.1.3. 16-digit NETS BIN (indicated at the back of card of the lost NPC).

ANNEX A
(NETS Prepaid Card App End User Licence Agreement)

This agreement contains the terms and conditions applicable to each User’s use of the NETS Prepaid Card App (each capitalized term defined below). Please read this NPCA EULA carefully before you start using the NPCA. By clicking “I Accept”, you are agreeing to the NPCA EULAs and shall be bound by this NPCA EULA.

 

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT START USING THE NPCA APPLICATION.

 

These NPCA EULA are made between NETS and the User with respect to the User’s use of the NPCA and any functionalities, services or features offered via or in connection with the NPCA. References in this NPCA EULA to the use of the NPCA extend to the use of such functionalities, services or features as well.

 

NETS may from time to time update and amend this NPCA EULA. Whenever NETS updates or amends this NPCA EULA, NETS will post, an update to the NPCA. Such updated NPCA EULA as posted will take effect thirty (30) days thereafter.

 

The User’s continued use of NPCA after any such amendment or update shall be taken as the User’s agreement to be bound by the NPCA EULA as so amended or updated.

1. Definitions

 

1.1. In this EULA, in addition to the words and expressions defined in the NPC Agreement and where defined in any other Annexures, the following expressions shall have the meanings set out opposite them:

“Device Password” means the password, pattern or other information used to unlock and enable access your Enabled Device;
“Enabled Device means a compatible mobile communications or other device successfully registered by the User for use in connection with the NPCA;
NPCA Services means the functionality and features under the NPCA which can be used to manage a Paired NPC as may be made available under the NPCA from time to time;
NPCA System means the computerised system owned, operated and managed by NETS whereby, inter alia, a the payment for Merchant Services or Transit Services may be effected by a User using the NPCA with a Paired NPC;
NPCA” or “NETS Prepaid Card App means the application for mobile devices offered by NETS from time to time that can be downloaded by the User and which can be used by a User to make use of the NPCA Services via the User’s mobile device, which is also known as the NETS App (2021);
NPCA Services means the services, functionalities and features of the NPCA as may be made available at any given time in the NPCA by NETS which includes the provision of the Top-Up Facility;
Paired NPC means an NPC which is linked by the User with the NPCA on the User’s Enabled Device;
Third Party Apps means apps, programs or other software owned and operated by third parties which interface with the NPCA, including such apps, programs or other software which allow you to pay or execute transactions with the functionality of the NPCA;
Transaction Amount means such amount as may be authorized by the User to be deducted from the NPC as payment of fares for Transit Services or in payment for Merchant Services  rendered to the User;
User means the user of the NPCA. References in this NPCA EULA to “you” and “your” shall be taken to refer to the User;
User Account Means the account created and referred to in clause 4.1 of this NPC EULA.

1.2. Words importing the singular include the plural and vice versa and, words importing a gender include every gender. References herein to Clauses shall mean the clauses of this NPCA EULA.

 

1.3. This NPCA EULA governs the use of the NPCA and its features and functionalities. If there is any conflict or inconsistency between this NPCA EULA and other parts of the Agreement in relation such features and functionalities, this NPCA EULA will prevail.

 

1.4. Any reference to “We”, “Us”, “Our” or “Ours” in this NPCA EULA shall be a reference to NETS.

 

2. Relationship

 

2.1. NPCA is issued solely by NETS. Use of the NPCA is subject to this NPCA EULA.

 

2.2. NETS owns, operates and manages the NPCA and the NPCA

 

3. Use of NPCA

 

3.1. You acknowledge and agree that as a condition for you to access and use the NPCA, you are required to be bound by this NPCA EULA.

 

3.2. You acknowledge, agree and warrant that you are, and will at all times be, in compliance with the following:

 

3.2.1. you are at least 18 years of age based on year of birth;

 

3.2.2. you have a valid Singapore mobile number;

 

3.2.3. you are the authorised holder of any NPC which you make a Paired NPC through the NPCA;

 

3.2.4. you are the authorized user of the Enabled Device, or you have obtained all relevant consents for your use of the Enabled Device which is used to access and operate the User Account; and

 

3.2.5. unlike an NPC which is not a Paired NPC, the use of the NPCA is linked to a User Account and you will not permit any other person to use the user credentials you have registered for your User Account on an NPCA on any Enabled Device.

 

3.3. Subject always to your continuing compliance with the terms of this NPCA EULA, we agree to grant you a non-transferable, non-exclusive licence to use the NPCA insofar as owned by or licensed through us on your Enabled Device and only for your own personal purposes, on and subject to this NPCA EULA. All other rights not expressly granted to you are reserved. Some software components used in our NPCA may be offered under an open source or other licence as we may notify you of, in which case your use of those components is governed by such terms to the extent only of any inconsistency between this NPCA EULA and those terms.

 

4. Registration and use of the NPCA & NPCA Services

 

4.1. In order to use the NPCA, you must register as a user of the NPCA. For such purposes:

 

4.1.1. You must provide us with an email address and mobile number as part of the You shall ensure that such details provided to us are valid and accurate and that you will use the same to establish and set a password as prompted by the registration process.

 

4.1.2. We may, subject to our sole and absolute discretion thereafter issue a user account (“User Account”) under the NPCA associated and linked with the credentials given.

 

4.1.3. We owe no duty to verify the credentials, and you agree that you will not impersonate anyone, falsify information or misrepresent any information to us in the registration. In the event that we are alerted to any impersonation, falsehood or misrepresentation, we will be entitled to discontinue the use of the NPCA immediately.

 

4.1.4. Notwithstanding the foregoing, you agree that as part of the User Account registration process, NETS will be entitled to execute such due diligence on your identity and your eligibility to use financial services enabled through the Paired NPC and the NPCA including but not limited to any process commonly referred to as Know Your Client processes of Anti-Money Laundering or Combatting of the Financing of Terrorism, and/or as required by law including but not limited to any laws or regulations as administered, regulated or enforced by the Monetary Authority of Singapore or other competent authorities or regulators (collectively “KYC”).

 

4.1.5. Should any KYC processes or steps require that you provide additional information, documents, verifications or the doing of anything, you agree to provide such co-operation at your own cost as may be required by NETS as a condition of the issuance or finalising of a User Account for the NPCA.

 

4.2. To use the Top-Up Facility or refund services as part of the NPCA Services, you will be required to select one bank account or (where NETS as NPCA Services and from the date such functionality is enabled) a credit card account which was identified as the source of funding for any top up to a Paired NPC for your use of the NPCA (“Designated Account”). During the registration process, you will be asked to provide an email address and mobile number which you will use to establish and set a password as prompted by the registration process. A one-time password will also be sent to your mobile number.

 

4.3. Failure to complete any step of the registration process may result in your inability to use the NPCA or the NPCA Services.

 

4.4. You agree that:

 

4.4.1. once you have completed the registration process, you can then proceed to add a Paired NPC to the NPCA. You may add more than one Paired NPC to the NPCA, subject to the limit stipulated in clause 15 of the NPC Agreement.

 

4.4.2. It is necessary to use the security code of an NPC to complete the process of making an NPC a Paired NPC. NETS owes no obligation to facilitate such a process without the provision of the security code.

 

4.4.3. Once you have added a Paired NPC via to the NPCA, you may use your NPCA to effect the NPCA Services to the Paired NPC.

 

4.4.4. It is not necessary to access the NPCA in order to use your Enabled Device to make payments for Merchant Services or as payment of fares for Transit Services. However, once an NPC has become a Paired NPC, the NPC shall cease to become transferable in that its use will be exclusively linked to the User Account (as defined in the NPCA EULA) it is linked with. You acknowledge and agree that any use of the Paired NPC and any features of a Paired NPC and the NPCA Services will require verification with the linked User Account of the NPCA.

 

4.4.5. NPCA Services may be updated, varied, added to, reduced or cancelled at any time by NETS in its sole and absolute discretion. Without prejudice to the foregoing, NPCA Services may include (without limitation):

 

    1. the ability to receive a refund of the remaining E-money balance in a terminated NPC, to be deposited into a Designated Account, subject to the compliance with such security or verification processes the NPCA deploys at the time of such refund and the processing period of at least seven (7) Singapore business days;
    2. the topping up of an NPC via the use of the NPCA, subject at all times to the Top Up Limitation;
    3. the “locking” of a Paired NPC and its re-activation via use of the NPCA, in each case referred to in clause 16 of the NPC Agreement;
    4. the set-up of multiple Paired NPCs for use in the NPCA;
    5. the use of credit cards or the Top-Up Facility through the NPCA;
    6. the setting of daily spending limits under each Paired NPC;
    7. the viewing of balances and transaction history for all paired NPCs and their export to a file format supported by the NPCA; and
    8. subject to such further terms as NETS may provide via update to the Agreement and/or the agreements relating to the other E-Money products, the inclusion or linking of other E-Money products that NETS may issue for topping up of the same.

 

4.4.6. If the Transaction Amount is more than S$100 (or such other amount as we may determine from time to time at our sole discretion), you will be required to enter your PIN into the Terminal in order to effect payment for the Merchant Services or Transit Services (as the case may be).

 

4.4.7. You must keep your Enabled Device secure (in respect of both the physical and electronic environments). You are responsible for safekeeping and maintaining the confidentiality of your Device Password as well as any associated PIN. Without prejudice to the generality of the foregoing, you must ensure that:

 

    1. you do not disclose to any person your Device Password and any associated PIN, and that you do not compromise any security procedures which we have put in place;
    2. you are the only person using your Enabled Device to effect payments for Merchant Services or Transit Services; and
    3. you take reasonable measures and all due care to protect your Device Password against misuse by third parties.

 

4.5. You acknowledge and agree that your use of the NPCA is at all times subject to your compliance with the terms and conditions of the Agreement and any Annexures. In the event that your use of the NPCA is in breach of any of the terms and conditions in the same, we have the right to suspend or terminate your use of the NPCA in accordance with Clause 12 of this Annex A.

 

4.6. NETS is entitled to send you “push notifications” and SMS notifications (“Notification”) relating to your access to and use of the NPCA and any updates on related services. NETS is deemed to have sent the Notification to you even if you are unable to or do not receive the Notification for whatever reason.

 

4.7. NETS may at any time change, add or remove any feature or functionality of the NPCA without prior notice. You are deemed to accept such change if you continue to use the NPCA.

 

4.8. NETS reserves the right to investigate complaints regarding the use of the NPCA, or reported violations of this NPCA EULA and to take any action NETS deems appropriate, including reporting any suspected unlawful activity to law enforcement officials, appropriate authorities or regulators and disclosing any necessary information to such officials, authorities or regulators.

 

4.9. You may, from time to time, make use of Third Party Apps which interface with the NPCA including but not limited to Third Party Apps which interface with the NPCA functions to initiate the transfer of monies (including, without prejudice to the generality of the foregoing and without limitation, authorization or pre-authorization of payment transfers or deductions from a Paired NPC under the NPCA, verification of your identity and status in relation to a Paired NPC as linked with the NPCA, depositing of credit with the merchant or service provider in or through the Third Party App functions using NPCA payment or transaction functions, etc). In such situations, you acknowledge and agree as follows:

 

4.9.1. such Third Party Apps are owned and/or operated by third parties and NETS excludes and disclaims (to the maximum extent under applicable law) all liability for any loss of any kind (except death or personal injury for which NETS is legally liable), arising from or in connection with your use of the Third Party App, their terms and conditions, and any transactions or dealings with third parties conducted or facilitated through or in connection with the Third Party App;

 

4.9.2. you use the Third Party App at your own risk, and NETS makes no representation or warranty of any kind including but not limited to any representations or warranty of merchantability, quality, fitness for purpose, timeliness, accuracy, value, security (including cybersecurity or standard as to protection of data of any kind), legality, continued availability, freedom from disruption, interoperability in respect of the Third Party App , and the third party’s business, operations, IT, administrative, commercial or other aspects of the third parties); and

 

4.9.3. if the Third Party App, through NPCA, enables you to (i) pay to the third party, or deposit monies with the third party, in each case to be debited from the E-Money under the Paired NPC or (ii) pre-authorise / clear approvals or consents for third parties to check balances (or administer transactions) in respect of accounts you manage through the NPCA (via the Paired NPC or other tokens implemented through or in connection with the NPCA), you agree that:

 

    1.  you may be prompted to authenticate instructions by the NPCA including the use of one time passwords (commonly known as “OTP”) or other means of authentication and you agree to accept and apply such methods of authentication as a means of confirming your instructions in granting authorization (including pre-authorizations) to NETS and such third parties operating the Third Party App;
    2. once you have authorized (including pre-authorizations) to NETS via NPCA, NETS is entitled to treat any instructions received by NETS through the further interface or interoperation of the Third Party App and NPCA as an instruction from you relating to the Third Party App;
    3. NETS is entitled to act on such instructions without further reference to you and you will look to your agreement with the third party in respect Third Party App transactions, dealings or instructions; and
    4. NETS owes no obligation to recall or revoke or comply with any such instructions to do the same and you will look to your agreement with the third party in respect Third Party App in respect of the same.

 

5. Your obligations

 

5.1. You acknowledge and agree that:

 

5.1.1. you will be responsible for carrying out the following, at your own cost:

 

    1. obtaining all necessary hardware, software and communications services necessary for your use of the NPCA;
    2. installing antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of the NPCA; and
    3. installing updates and patches in a prompt and timely manner.

 

5.1.2. you will be responsible to your mobile service provider for all data charges relating to:

 

    1. the download of the NPCA;
    2. any upgrades you request in relation to the NPCA; and
    3. your ongoing access to and use of the NPCA;

 

5.1.3. you shall not (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):

    1. use the NPCA to conduct electronic spamming;
    2. use the NPCA to perform unlawful or immoral activities;
    3. use the NPCA to upload content that has viruses, malicious codes, immoral or illegal content;
    4. modify or adapt the whole or any part of the NPCA or combine or incorporate the NPCA into another other programme or application;
    5. disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of the NPCA or any components thereof;
    6. use the NPCA in any manner that would lead to the infringement of our intellectual property rights or those of any third party;
    7. use the NPCA in a way that could damage, disable, impair or compromise the NPCA or NPCA System (or the systems or security of the NPCA or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of NETS; or
    8. engage in any other activities deemed inappropriate by NETS.

 

5.2. You further acknowledge and agree that:

 

5.2.1. the NETS and NPCA trademarks and logos are registered trademarks of NETS, and any other logos, service marks, product names and other proprietary indicia used in the NPCA are the property of either NETS or third party licensors (collectively, the “Trade Marks”);

 

5.2.2. the intellectual property rights in and to the NPCA are either owned by NETS or licensed to us by third party licensors;

 

5.2.3. other than the licence expressly granted by you in this NPCA EULA, no other rights are granted to you in respect of either the Trade Marks or the NPCA;

 

5.2.4. No part or parts of the NPCA may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.

 

6. Liability for Transactions; Loss / Theft of enabled device; Disclosure of Device Password

 

6.1. You are solely responsible and liable for any access to and use of the NPCA effected through the use of your Device Password or Touch ID Function, notwithstanding that your Device Password or Touch ID Function may have been used by any other person without your knowledge, authority or consent. We shall be entitled to effect payment for Merchant Services or Transit Services via the NPCA and we shall not be liable to you for any loss or damage resulting therefrom.

 

6.2. Without prejudice to the terms and conditions of any other part of this Agreement:

 

6.2.1. you shall monitor your Designated Account at all times and notify the relevant bank(s) immediately of any unauthorised transfers or of any matter concerning your Designated Account that may invite suspicion;

 

6.2.2. you shall examine all entries in the transaction history listed in your NPCA (“Transaction History”) and report any transactions wrongly made or made without authority or inaccurate entries in the Transaction History. You must object to any transaction (“Transaction”) or any other inaccuracies in writing to us, by calling our NETS hotline at (65) 62741212 or by visiting 351 Braddell Road. #01-03 Singapore 579713) within fourteen (14) days after the entry appears in the Transaction History. If you do not report the Transaction within fourteen (14) days after the entry appears in the Transaction History, the Transaction will be deemed correct except where (and only to the extent that) you have conclusively established in the Courts of Singapore that a manifest error or fraud has been committed by us, or the Transaction has been determined by the relevant bank to be an unauthorised transaction and such bank has informed us of the same, in which case the relevant ban’s terms and conditions will govern.

 

6.3. In addition to payment for the Merchant Services or Transit Services, you may also be required to pay the following (where applicable):

 

6.3.1. service charges or fees payable in connection with use of the NPCA or transactions made thereunder on your Enabled Device, including such charges or fees imposed by equipment vendors, software companies, internet or communication services providers or other third parties;

 

6.3.2. any service charges / administration fees for any action taken by us in carrying out any of your instructions and/or requests relating to your use of the NPCA, whether such service or action is referred to or contemplated in this NPCA EULA or otherwise.

 

6.4. NETS may impose or vary the fees payable for your access to and use of the NPCA as well as for the closure or termination of the NPCA Service. Such changes shall be deemed effective upon NETS posting these changes on the NETS website at www.nets.com.sg (“Website”) or notifying you via a Notification. You are deemed to accept such changes if you continue to use the NPCA.

 

6.5. Should you discover that your Enabled Device is lost or stolen or has been accessed or used in an unauthorised way, you shall notify us of the loss/theft or unauthorised access/use by calling our Customer Service Hotline or by notifying us in writing. In addition, where your Enabled Device has been accessed or used in an unauthorised manner, you should, as soon as possible, reset your Device Password.

 

6.6. In certain circumstances, we may also require you to make a police report accompanied by written confirmation of the loss/ theft/ misuse/ disclosure and any other information that we may require. If a lost or stolen Enabled Device is subsequently retrieved, you must comply with such registration and security procedures as we may require in order to continue to use the Paired NPC on the NPCA.

 

7. Data Protection

 

7.1.  By using the NPCA, you consent to NETS collecting, using, disclosing and sharing amongst themselves your personal data and disclosing such personal data to our authorised service providers and relevant third parties for purposes reasonably required by us to facilitate your use of the NPCA. These purposes are set out in greater detail in our Data Protection Policy, which is accessible at https://www.nets.com.sg/policies/privacy or which may be provided to you upon request. You confirm that you have read and understood the Data Protection Policy. When using any similar function through the NPCA and any Third Party App, you agree that the use of such function constitutes consent on your part to allow the Third Party App (and the third parties who operate or use the Third Party App) to access, collect, use or disclose personal data relating to the transactions which are administered, facilitated or executed by the Third Party App and you agree that NETS is not responsible for the collection, use, disclosure or processing of personal data with such third parties, and that you will satisfy yourself of the third party’s data protection policy or privacy policy and any terms of use before proceeding with the use of the similar function through the NPCA and any Third Party App.

 

8. Disclaimer of Warranties and Exclusion of Liability

 

8.1. The access to and use of the NPCA is offered to you on an “as available, where available” basis.

 

8.2. To the maximum extent permitted under applicable law, NETS, and their respective officers, employees, contractors or agents shall not be liable for any loss (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a full indemnity basis) suffered by you or any third party arising from and in connection with your registration with, access to and use of the NPCA except where such loss is attributable to our gross negligence or wilful default. Without prejudice to the generality of the foregoing, NETS will not be liable for any inconvenience, loss, cost, damage or injury suffered by you or any third party arising from or caused by any of the following:

 

8.2.1. any delay, suspension, discontinuance or failure of the NPCA;

 

8.2.2. any delay or suspension of your Designated Account;

 

8.2.3. if use of your Enabled Device should be rejected by a Merchant, the TLPL, or any Terminal or if we refuse for any reason to authorise any transaction;

 

8.2.4. your inability to effect or complete any transaction due to system maintenance or breakdown/non-availability of the NPCA, network, hardware or software of NETS or third party recipients of your transfer of funds;

 

8.2.5. our compliance with any instruction given or purported to be given by you relating to a transaction, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction;

 

8.2.6. use of your Enabled Device and the NPCA by third parties, whether authorized or unauthorized by you;

 

8.2.7. your transfer of funds to the wrong mobile number, the wrong recipient or wrong third party;

 

8.2.8. theft or loss of your Enabled Device on which the NPCA is installed;

 

8.2.9. any malfunction, defect or error in any Terminal used to process the transaction or to facilitate the usage of the NPCA, or of other machines or system of authorisation whether belonging to or operated by us or other persons or the inability of any Terminal, machine or system to accurately, properly or promptly transmit, process or store any data;

 

8.2.10. any delay or inability on our part to perform any of our obligations under this NPCA EULA because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our reasonable control or the reasonable control of any of our servants, agents or contractors;

 

8.2.11. any damage to or loss or inability to retrieve any data or information that may be stored in the NPCA or any microchip or circuit or device in your Enabled Device or the corruption of any such data or information, howsoever caused;

 

8.2.12. any claim, loss, damage, delay, inability to use, or any mistake or error arising in connection with any hardware, software or service used or provided in connection with any Paired NPC, Enabled Device or NPCA or any inability to use the same;

 

8.2.13. any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Paired NPC, Enabled Device or NPCA. You acknowledge and understand that use of the NPCA involves the transmission of your personal data and transaction details through third parties which we are unable to control, and we are not responsible or liable to you for their performance or the non-performance of their obligations to you;

 

8.2.14. any loss, theft, use or misuse of any Enabled Device, or disclosure of the PIN;

 

8.2.15. any failure by us to effect payment for Merchant Services or Transit Services due to insufficient available funds in the NPC; or

 

8.2.16. any act or omission by NETS in compliance with any applicable laws and/or regulations, including laws governing personal data protection, and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.

 

8.3. NETS shall not be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from your entering into any transaction, using the NPCA.

 

8.4. You acknowledge and agree that this NPCA may use transmissions over the Internet which are never completely private or secure. You understand that any personal data, message or information which you send in the course of the use of the NPCA may be made public on the NPCA. Use of the NPCA is entirely at your own risk.

 

9. Links to Third Party Sites / Applications

 

9.1. The NPCA may include links to sites on the Internet that are owned and operated by third parties (“Third Party Sites”), and if you choose to access these Third Party Sites, you agree to review and accept the terms of use governing those Third Party Sites. NETS has no control over and excludes all liability for and does not assume any responsibility for material created or published by such Third Party Sites. You further agree not to infringe, or cause NETS to infringe, any third party’s intellectual property rights, and shall keep NETS indemnified against all losses, damages, expenses, costs and fees suffered or incurred by NETS, with respect to such infringement.

 

10. Issues with Merchant Services or Transit Services

 

10.1. Notwithstanding anything stated in the NPC Agreement or this NPCA EULA, NETS is not liable in any way for any claim or dispute arising between yourself and any Merchant(s) in relation to the Merchant Services or the Transit Services as supplied by the Merchant or TLPL respectively, whether purchased or paid for using the NPC or the NPCA. NETS is also not responsible for any benefits, discounts or programmes of (i) the Merchant or (ii) of TLPL. NETS is not responsible for delivery of the Merchant Services provided by the Merchant or TLPL and NETS makes no representation as to the quality, merchantability, fitness for purpose or provision or performance of any of them. You acknowledge that we NETS does not act as an agent for any Merchant or TLPL.

 

10.2. You agree that any complaints, claims, disputes or refunds in relation to Merchant Services, the Transit Services or anything in connection with them: (i) shall be resolved between that yourself and TLPL or the Merchant (as the case may be), and (ii) NETS shall not be responsible in any way for the resolution of the same including but not limited to effecting any refunds in respect of any payment made in relation to the Merchant Services or Transit Services.

 

11. Indemnity

 

11.1. You shall, to the maximum extent permitted under applicable law, indemnify and hold harmless NETS and its related corporations in respect of any and all damages, losses, costs (including costs on a full indemnity basis), expenses, claims, proceedings or actions suffered or incurred by NETS, its related corporations or any third party by reason of (i) any breach or non-compliance by you of this NPCA EULA or (ii) NETS or its related corporations Banks in enforcing any of this NPCA EULA or preventing any breach thereof.

 

12. Conclusive Statements

 

12.1. Our records (including electronic, computer and microfilm stored records) of all matters relating to the Paired NPC, Enabled Device, the Designated Account and/or of you (including Transaction History) at any specified date shall be conclusive of their accuracy and authenticity and shall be binding on you for all purposes whatsoever.

 

13. Termination

 

13.1. We may suspend or terminate NPCA or your use of the NPCA at any time and for any reason by giving you notice by such notification method as we may choose, including through our NETS website, in local newspapers, in displays at NETS office or via publication through any media. Such termination shall be effective on the date specified in the notice.

 

13.2. Should you decide to terminate your use of NPCA or the NPCA you are to inform us by contacting us (by calling our NETS hotline at (65)2741212 or visiting NETS office) and instructing us to close your account.

 

13.3. Upon termination of your use of the NPCA in accordance with this Clause 12, you shall immediately cease to use the NPCA and uninstall and delete the NPCA from your Enabled Device. For the avoidance of doubt, we shall be entitled to charge your Designated Account any outstanding charges for all transactions that are carried out before and after the termination of your use of the NPCA.

 

13.4. Deletion of the NPCA and/or closing your NPCA account without providing instructions to us pursuant to clause 12 will not terminate your use of the NPCA.

 

13.5. You shall not be entitled to any payment, compensation or damages from NETS in relation to the termination of your access to and use of the NPCA.

 

13.6. NETS’ right to suspend or terminate your access to and use of the NPCA and the NPCA Service shall be without prejudice to any other rights or remedies which NETS may have under the NPC Agreement, this NPCA EULA and at law.

 

14. Miscellaneous

 

14.1. Clauses 13, 15 to 18 (inclusive) the NPC Agreement are applicable mutatis mutandis to this NPCA EULA.

 

15. Terms Required by Apple

 

15.1. In the event that you obtain the NPCA through the Apple App Store, offered by Apple, Inc. (“Apple”), the following shall apply. You acknowledge and agree that if any of the terms and conditions of this NPCA EULA are inconsistent or in conflict with Apple’s Instructions for Minimum Terms for Developer’s End-User License Agreement (the “Minimum Terms”), as published on Apple’s website at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ from time to time, the Minimum Terms will apply:

 

  1. You acknowledge and agree to the following:
  • you will only use the NPCA in connection with an Apple device that you own or control;
  • you will comply with any applicable third party terms which may affect or be affected by your use of the NPCA;
  • Apple has no responsibility for the NPCA, including without limitation of the foregoing, no responsibility to furnish any maintenance and support services for the NPCA or to address any claims of the end-user or any third party relating to the NPCA or the end-user’s possession and/or use of that NPCA, including, but not limited to: (i) product liability claims, (ii) any claim that the NPCA fails to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection or similar legislation and (iv) any third party claim that the NPCA or your possession and use of the NPCA infringes that third party’s intellectual property rights; and
  • Apple and Apple’s subsidiaries are third party beneficiaries of this NPCA EULA. Upon your acceptance of this NPCA EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this NPCA EULA against you as the third party beneficiary hereof;

 

b. In the event of any failure of the NPCA to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure. Upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, paid for the NPCA; and

 

c. You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

 

If you have any complaints or queries about the NPCA, please direct all complaints and queries to:

 

NETS

Attention:  NETS Customer Service Centre

Telephone number: +65 6274 1212

Email address: info@nets.com.sg