NETS App Terms & Conditions

1. ABOUT THESE TERMS

1.1. These terms and conditions (“Terms“) govern your access and/or use of the NETS App. Please read it carefully before you access and/or use the NETS App. You must agree to these Terms before accessing and/or using the NETS App. By accessing and/or using the NETS App, you acknowledge and agree that you have read and understood the prevailing Terms (as may be updated from time to time) and you agree to be unconditionally bound by them. If you do not agree to the prevailing Terms, you must not access and/or use, nor continue to access and/or use, the NETS App.

1.2. We may at any time in our sole and absolute discretion add to, delete from, vary or otherwise amend any or all of the provisions in these Terms and/or permanently discontinue the provision of the NETS App or aspects thereof by written notice to you. We may notify you of such changes via our website (including at https://www.nets.com.sg/terms-conditions/), placing notices at appropriate locations at the Terminals, Merchants’ premises, and/or such other means of communication as we may determine at our sole and absolute discretion. If you continue to access and/or use the NETS App after the date of such notification, you shall be deemed to have agreed to and accepted the amendments. If you do not accept any such amendments, you must discontinue accessing and/or using the NETS App and instruct us to close your User Account  according to these Terms.

1.3. We may from time to time, without giving any prior reason or notice, upgrade, modify, alter, suspend, discontinue the provision of, or remove, whether in whole or in part, the NETS App (and/or any part thereof), and we shall not thereby be liable to you or any third party.

2. DEFINITIONS AND INTERPRETATION

2.1. In these Terms, the following expressions shall have the following meanings unless the context otherwise requires:

“Apple“has the meaning given in Clause 12.1;
“Applicable Law“means any applicable national, federal, supranational, state, regional, provincial, local or other statute, law, ordinance, regulation, rule, code, guidance, order, published practice or concession, regulatory requirement, judgment or decision of a Governmental Authority and, for the avoidance of doubt, includes all requirements, regulations, notices, directions, guidelines, codes, practice notes, circulars, policy statements, guidance, examples, waivers and other similar materials published or otherwise made by the MAS and/or the PDPC from time to time, and any rules, regulations, guidance and approach document of any other Governmental Authority in Singapore;
“Card“means any card (including any non-physical card) issued by us from time to time, including without limitation:
(a) any card designated by us for use in connection with the E-Money facility currently branded “NETS Prepaid Card”;
(b) any card designated by us for use in connection with the E-Money facility currently branded “NETS FlashPay” or “NETS Motoring Card”;
(c) any card designated by us for use in connection with the services currently branded “CashCard” (including without limitation the “NETS vCashCard”); and
(d) such other cards as we may designate as a “Card” from time to time for the purposes of these Terms,
 
each as may be rebranded by us from time to time;
“Cardholder”means, in relation to a Card, the holder or user of the Card (excluding persons who are appointed or authorized to sell the Card, effect top-ups or refunds, or replace the Card);
“Claim“means any claim, action, application, demand, proceeding, threat or any other analogous claim;
“Data Protection Policy“means the NETS Data Protection Policy accessible at: https://www.nets.com.sg/policies/data-protection or via other means as NETS may designate from time to time;
“Designated Account“has the meaning given in Clause 4.1(a);
“Device Credential“means, in relation to an Enabled Device, the password, pattern, and/or any other credential used to unlock and enable access to the Enabled Device, including without limitation any form of biometric information used for authentication;
“E-Money“refers to the “e-money” (as defined under Section 2 of the Payment Services Act 2019) which is paid for in advance and stored in a Card or the residual value remaining therein from time to time which may be used by a Cardholder for the payment for or a transaction of Merchant Services and/or Transit Services;
“Enabled Device“means a compatible mobile communications or other device successfully registered by you for use in connection with the NETS App;
“Feedback“has the meaning given in Clause 15.1;
“Governmental Authority”means any regulatory authority and any national, federal, supranational, state, regional, provincial, local or other government, government department, ministry, governmental or administrative authority, regulator, agency, commission, secretary of state, minister, court, tribunal, judicial body or arbitral body or any other person exercising judicial, executive, interpretative, enforcement, regulatory, investigative, fiscal, taxing or legislative powers or authority anywhere in the world with competent jurisdiction (including, without limitation, the MAS and/or the PDPC and/or the Land Transport Authority of Singapore);
“IPR” or “Intellectual Property Rights“means throughout the world and for the duration of the rights: (a) patents, trade marks, service marks, logos, get-up, trade names, brand names, internet domain names, rights in designs, copyright (including rights in computer software) and moral rights, database rights, semi-conductor topography rights, utility models, trade secrets, inventions, know-how, confidential, business, scientific, technical or product information and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect; (b) any other rights resulting from intellectual activity in the cybersecurity, commercial, industrial, scientific, literary and artistic fields and whether dealing with manufactured products or services; (c) rights under licences, consents, orders, statutes or otherwise in relation to a right under sub-paragraph (a) above; (d) rights of the same or similar effect or nature as or to those in sub-paragraphs (a) and (c) which now or in the future may subsist; and (e) the right to sue for infringements of any of the foregoing rights;
“Loss” or “Losses“includes all losses (including any indirect, special, or consequential losses), settlement sums, costs, damages, Claims, demands, actions, judgments, proceedings, penalties, fines, charges, fees, expenses of whatsoever nature (including but not limited to all legal costs or attorney’s fees on a full indemnity basis) and other liabilities, whether foreseeable or not;
“MAS“means the Monetary Authority of Singapore
“Merchant“means any third party who accepts payment for goods and/or services via a Card;
“Merchant Services“means any goods or services provided by a Merchant (excluding Transit Services);
“Minimum Terms“has the meaning given in Clause 12.1;
“NETS“, or “our“, “we“, or “us“means the Network for Electronic Transfers (Singapore) Pte Ltd, a company incorporated in the Republic of Singapore with its registered office at 351 Braddell Road, #01-03, 351 On Braddell, Singapore 579713, and its successor(s)-in-title;
“NETS App“means the mobile application offered by us from time to time currently designated by us as the “NETS App” (and as may be rebranded by us from time to time), including any products and services provided by us therein, as well as any other content, features and/or functions made available through such application;
“Notification“has the meaning given in Clause 3.7;
“Paired Card“means any Card linked with the NETS App on any of your Enabled Devices;
“personal data”means data, whether true or not, about an individual who can be identified from that data or from that data and other information to which the organisation has or is likely to have access;
“PDPC”means the Personal Data Protection Commission of Singapore;
“Processing”(and its cognates) in relation to personal data, means the carrying out of any operation or set of operations in relation to the personal data, and includes any of the following: (a) recording; (b) holding; (c) organisation, adaptation or alteration; (d) retrieval; (e) combination; (f) transmission; (g) erasure or destruction;
“Safeguarding Institutions“means DBS Bank Ltd, Oversea-Chinese Banking Corporation Limited and United Overseas Bank Limited collectively, and their respective successors-in-title;
“Terminal“means any terminal designated by us for Card transaction(s) and/or the provision of other services, as we may determine from time to time at our sole and absolute discretion;
“Terms“has the meaning given in Clause 1.1 and shall include any schedules and annexes hereto, including all supplements, variations, amendments, and modifications thereto made from time to time in accordance with the terms hereof;
“Third Party Sites“has the meaning given in Clause 6.4;
“Third Party Software“means any app(s), program(s), or other software which provides functionality through interfacing and/or interoperating with the NETS App, including without limitation functionality relating to:
(a) the transfer of monies (including without limitation, authorisation or
(b) pre-authorisation of payment transfers or deductions);
(c) making of payment and/or the deposit of monies with a third party;
pre-authorisation, approval and/or consent for third parties to access and/or operate your User Account (including without limitation any of your Cards and/or your Designated Account);
(d) verification of your identity and status in relation to a Card; and/or
(e) depositing of credit with any Merchant or service provider;
“TLPL“means Transit Link Pte Ltd, its successors and assigns, and such other persons as may be authorised by the Land Transport Authority of Singapore from time to time;
“Transaction History“has the meaning given in Clause 5.6(a)(ii);
“Transit Services“means the services provided from time to time by operators for or in the connection with the transportation of passengers via the public bus and rail systems operated by such persons as TLPL may specify from time to time;
“User“, or “you“, or “your“means the user of the NETS App; and
“User Account“means an account created in accordance with Clause 3.5 of these Terms.

2.2. In these Terms, a reference to:

  1. any exercise of discretion or judgment by us, the making of a determination or designation by us, the application of our discretion or opinion, the granting or withholding of our consent or approval, the consideration by us of whether any matter or thing is satisfactory or acceptable, or as to its quality, or any decision to be made on our part, shall be at our sole and absolute opinion and discretion, and shall be final and conclusive and binding on you;
  2. any statute or statutory provision includes:
    1. that statute or statutory provision as from time to time modified, re-enacted or consolidated, whether before or after the date of these Terms; and
    2. any subsidiary legislation or regulations made from time to time under that statute or statutory provision;
  3. any agreement or document including these Terms shall include such agreement or document as from time to time may be amended, modified, varied, novated, supplemented or replaced, unless the context shall otherwise require;
  4. “Clauses” are unless indicated otherwise references to the clauses of these Terms;
  5. “written” and “in writing” shall, unless the contrary intention appears, be construed as including references to printing, lithography, photography and other modes of the representing or reproducing words in a visible font;
  6. “person” shall include an individual, corporation, company, partnership, firm, trustee, trust, executor, administrator or other legal personal representative, unincorporated association, joint venture, syndicate or other business enterprise, any Governmental Authority (notwithstanding that “person” may sometimes be used herein in conjunction with some of such words), and their respective successors, legal personal representatives and assigns, as the case may be, and pronouns shall have a similarly extended meaning;
  7. “day”, “month” or “year” is a reference to a day, month or year respectively in the Gregorian calendar;
  8. a “right” includes a benefit, remedy, discretion, authority or power;
  9. an “obligation” includes a warranty or representation, and a reference to a failure to perform an obligation includes a breach of warranty or representation; and
  10. words denoting an obligation on a party to any act, matter or thing, include an obligation to procure that to be done, and words placing a party under a restriction, include an obligation not to permit infringement, default or breach of the restriction.

2.3. Unless the context otherwise requires:

  1. words importing the singular shall include the plural and vice versa, and words imported a specific gender shall include the other genders (male, female or neuter); and
  2. the use of the words “including” or “including without limitation” followed by one (1) or more examples is intended to be illustrative and shall not be construed restrictively to limit the scope or extent of the description or term in respect of which the examples are provided.

2.4. Clause headings are inserted for convenience of reference only and shall not affect the interpretation or construction of these Terms.

2.5. Unless expressly stated otherwise, the rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies (whether provided by Applicable Law or otherwise), and you shall bear all costs and expenses, including legal and other consultant fees, arising in connection with performing or ensuring the due performance of your obligations under these Terms, and/or with any other matters referenced therein.

3. NETS APP

Eligibility

3.1. You represent and warrant to us that, now and throughout the duration of these Terms:

  1. you are at least 18 years of age; and
  2. you have a valid Singapore mobile number.

Use of the NETS App

3.2. Subject always to your timely and continuing compliance with: (a) these Terms; (b) all Applicable Laws; and (c) such additional terms and conditions as we may specify in connection with the NETS App from time to time, we grant you a limited, personal, non-transferable, non-exclusive, non-sublicensable licence to use the NETS App only for your own personal and non-commercial purposes, and on and subject to these Terms. All rights not expressly granted to you are reserved by us.

3.3. Some software components used in the NETS App may be offered under an open source or other licence as we may notify you of, in which case your use of those components shall be governed by those terms to the extent of any inconsistency between these Terms and those terms.

3.4. Due to legal or regulatory restrictions in any jurisdiction, you: (a) may not be able to access or use the NETS App in or from a jurisdiction; and/or (b) may be infringing certain legal or regulatory requirements under Applicable Law when accessing or using the NETS App in or from such jurisdiction. By accessing and/or using the NETS App (or continuing to do the same) you represent and warrant to us that your use and/or access meets all applicable legal or regulatory requirements under Applicable Law. It is your sole responsibility to ascertain whether any such legal or regulatory restrictions exist, and we shall not be liable for any losses arising out of your inability to access or use any of NETS App or any contravention of such legal or regulatory requirements. You shall fully indemnify us from and against any losses that we may be subject to or suffer in connection with any failure by you to comply with any such legal or regulatory restrictions. Notwithstanding anything in these Terms, we shall have the right to take steps to prevent any of the NETS App from being accessed or used in any jurisdiction (or any part thereof) as we may determine in our sole and absolute discretion from time to time. Nothing in the NETS App is intended for distribution to or for use by or to be acted on by any person located in any jurisdiction where such distribution, use, and/or action would be contrary to Applicable Law.

Registration and User Account

3.5. To access and/or use the NETS App (or any part thereof), you may be required to apply for a User Account. You may apply for a User Account by submitting an application to us via the NETS App or through such other procedure as we may prescribe from time to time. By submitting an application for a User Account to us, you agree and acknowledge that:

  1. you shall provide such information and comply with such procedures as we may specify from time to time, including providing certain personal data (such as your mobile number and email address) or documents, transaction notification instructions, and/or creating unique credentials to access and/or use the NETS App. You shall also inform and update us promptly and without delay if any of the information, document or material that you have provided to us has changed;
  2. you shall ensure that such personal data provided to us are valid and accurate throughout the duration of these Terms and you shall not impersonate anyone, falsify information, and/or misrepresent any information provided to us. You further represent and warrant to us that you are authorised under Applicable Laws to provide us with any personal data that you disclose to us;
  3. we shall have the right in our sole and absolute discretion to conduct such due diligence on your identity and your eligibility to use financial services including but not limited to any “Know Your Client” or other processes in connection with anti-money laundering or combatting of the financing of terrorism, and/or as required by Applicable Laws 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“); and
  4. any application you submit may be reviewed by us and may be approved or rejected at our sole and absolute discretion for any reason, and any decision by us in connection therewith shall be final and binding on you.

3.6. You must only access and/or use the NETS App through credentials issued by or on behalf of us or otherwise accepted by us for your User Account, and you shall safeguard such credentials from unauthorised disclosure. You shall keep the credentials to your User Account secure and confidential. Any access, use, and/or interaction of the NETS App associated with your User Account shall be deemed to be your access, use, and/or interaction (as the case may be) and shall be binding on you, regardless whether you have authorized the same or not.

Notifications

3.7. To the maximum extent permitted under Applicable Law, we may from time to time send you “push”, SMS, and/or other notifications (each a “Notification“) in connection with your access to and/or use of the NETS App and/or related services. It is your responsibility to enable notification alerts on your devices, and we shall be deemed to have sent the Notification to you even if you are unable to or do not receive the Notification for whatever reason. We do not guarantee your receipt of any Notification and you agree that your access to and/or use of such Notifications is at your own risk.

4. CARDS

4.1. We may from time to time make available functionality allowing you to use, view, manage and/or administer Cards through the NETS App, including without limitation functionality allowing you to top-up such Cards, request refunds in respect of such Cards, and/or view the transaction in respect of any Card. If you activate any such functionality, you agree and acknowledge that:

  1. we may require you to designate a bank, credit card, or other account as the originating account for the funds for top-up(s) and/or refund(s) (“Designated Account“);
  2. we are not responsible for the Designated Account, and we have no control over and are not responsible for the performance or non-performance by the third party provider of the Designated Account. You shall be solely responsible to ensure that you comply with the agreement(s) between you and such third party provider of the Designated Account in connection with your activation of any such functionality;
  3. you may only top-up Card(s) in such currencies as we may from time to time permit;
  4. if you choose to activate any functionality that we may make available in respect of automatic or recurrent top-ups of your Card(s):
    1. we shall have the right to, and you authorise us to, perform the top-ups using funds from your Designated Account according to the parameters that you may specify using the NETS App;
    2. it shall be your sole responsibility to provide us with timely notices of your instructions. To avoid doubt, if you request us to cancel any automatic or recurrent top-ups, we may not be able to give effect to the request within the same day. If we accept your cancellation request, the request will be processed according to such timelines as we may specify to you;
    3. you are solely responsible for ensuring that your Designated Account contains sufficient funds for the top-ups, and we shall have no obligation to carry out the top-ups where your Designated Account does not have sufficient funds or where funds cannot be processed from your Designated Account for any reason (and if so you shall bear any cost associated with such failure to process the funds);
    4. we may for your convenience make available functionalities under which you can be notified of any failure of a top-up, but you shall be solely responsible to activate such functionalities if they are available; and
    5. we may at our sole and absolute discretion refuse to perform top-up(s) of any amount(s) for any reason and at any time; and
  5. unless we expressly agree otherwise or Applicable Law requires otherwise, Card(s) cannot be resold, transferred for value (or transferred to another person or another person’s User Account) or redeemed for cash.

4.2. Except as expressly set out under applicable refund policies as may be notified to you by us from time to time, any unused balance under the Card(s) will not be refunded. If a refund is granted, you agree to bear all taxes and other duties payable thereon (including in the case of bank transfers). We reserve the right to modify the mechanism of processing refunds from time to time without notice to you.

4.3. We may in our sole and absolute discretion impose or vary transaction limit(s) on any Card which may differ between users, with or without notice to you. We may also impose or vary transaction limit(s) on your Card(s) pursuant to your request. Without prejudice to the generality of any provisions hereunder, any Card that incurs charges exceeding the specified transaction limit(s) may be blocked or suspended by us in our sole and absolute discretion.

4.4. We may from time to time make available functionality allowing you to request for suspension of Card(s) via the NETS App or such other channel(s) as we may designate for this purpose. A request for us to ‘lock’ your Card shall be deemed to be a request to suspend your Card as contemplated under this Clause. If you choose to activate any such functionality, you agree and acknowledge that once you request for a Card to be suspended: (a) any or all of the functionalities of the suspended Card may not be available for use even if you can view certain Card details on the NETS App; (b) you will not be able to use the suspected Card for physical or electronic transactions, or you may only be able to perform limited types of transactions as we may specify; and (c) any standing payment arrangements linked to the suspended Card will not be processed (and you shall be solely liable for the consequences thereof). We shall have no obligation to update details of suspended Card(s) that may be viewable on the NETS App. For the avoidance of doubt, unless we expressly state otherwise, suspension of a Card does not affect any charges or fees payable in connection with the Card (as may be applicable).

4.5. For the avoidance of doubt, we shall have the right in our sole and absolute discretion to designate specific Terminal(s) authorised for use in connection with Card transaction(s) in connection with the NETS App.

Pairing of cards

4.6. In addition, we may from time to time make available functionality allowing you to link Card(s) with the NETS App on your Enabled Device, such that the Card(s) become Paired Card(s). By activating any such functionality, you agree and acknowledge that:

  1. your User Account (and associated credentials) may be linked to each Paired Card, and once a Card has become a Paired Card, such Card shall be exclusively linked to the linked User Account;
  2. any use of the Paired Card as well as access to and/or use of functionality connected with the Paired Card may require verification using credentials of the linked User Account;
  3. additional functionality that we may make available from time to time allowing you to manage Paired Card(s) through the NETS App may only be available for so long as the Paired Card is linked to your User Account in the NETS App; and
  4. your use of such Paired Cards remains subject to the terms and conditions governing the use of the relevant Card.

5. TRANSACTIONS

5.1. You hereby authorise any Safeguarding Institution and/or other financial institution to disclose to us any information (whether personal data or otherwise) relating to you and/or your Designated Account, in connection with the provision of any product, service, and/or functionality contemplated under these Terms (e.g. top-ups using funds from your Designated Account) and/or any transactions relating to the NETS App.

5.2. You shall be solely responsible and liable for any access to and/or use of the NETS App effected through the use of your Device Credential, even if such Device Credential was used by another person without your knowledge, authority, and/or consent. For the avoidance of doubt, you agree and acknowledge that you shall be solely responsible for securing your Device Credential and/or protecting access to the NETS App.

5.3. To the extent permitted by Applicable Laws (including but not limited to the MAS Guidelines for E-Payments User Protection), you agree and acknowledge that: (a) we shall have the right (but not the obligation) to effect payment in connection with Merchant Services and/or Transit Services in accordance with any instructions authorised or purported to be authorised by you and we shall not be liable for any loss or damage resulting therefrom; and (b) we may charge the relevant Card the amount of the transaction(s) entered into using the Card, regardless whether such transactions were entered with or without your knowledge or authority, and notwithstanding that the transaction arose during or after the loss or theft of that Card (and/or any if your credential associated with that Card and/or the NETS App).

5.4. You shall be solely responsible to ensure that the charges incurred under each Card shall at any time not exceed the current balance for the relevant Card.

5.5. Our records (including without limitation electronic, computer and microfilm stored records) of all matters relating to the NETS App, any User Account and/or of you, including without limitation your Transaction History and/or any certificate from us stating your liability to us as at any specified date, shall be conclusive of their accuracy and authenticity and shall be binding on you for any and all purposes whatsoever, except where and to the extent that:

  1. the Courts of Singapore have conclusively established that we have committed fraud and/or a manifest error in respect of the record;
  2. the record to which the entry relates has been determined by the relevant bank to be an unauthorised transaction and the bank has informed us of the same, in which case the bank’s terms and conditions shall apply; or
  3. you report the entry within the period mentioned in Clause 5.6(a) below, provided further that pursuant to our investigations we determine in our sole and absolute discretion that there is an error in respect of the record.

5.6. We may from time to time make available functionalities in the NETS App allowing certain information relating to your Card(s) (for example your Card balance and Transaction History) to be displayed. By choosing to activate any such functionalities, you agree and acknowledge that:

  1. without prejudice to any other provision of these Terms:
    1. you shall monitor your Designated Account at all times and notify the relevant bank(s) immediately of any unauthorised transactions or of any other matter concerning your Designated Account that may invite suspicion; and
    2. you shall examine all entries in the transaction history listed in the NETS App (“Transaction History“) and report any entries and transactions that are inaccurate, wrongly made, made without authority, and/or are suspicious.

You must make such reports to us as soon as practicable, and in any event within fourteen (14) days after the relevant entry appears in the Transaction History, by calling our NETS hotline at +65 6274 1212, or +65 6229 7200 or by making such report to us in-person at 351 Braddell Road, #01-03 Singapore 579713, or via such other phone number or address or means as we may designate for this purpose from time to time; and

  1. such informational functionalities are provided “as is” and are only intended to be convenience features, and shall not serve as an official statement of account. We do not represent or warrant that the information is accurate, useful, adequate, timely or complete and they should not be relied upon as such. Card balances as displayed at any time may not reflect the most current values. Transaction History may not reflect all transactions performed. All information displayed are intended for general information only and should not be used as a basis for making any business or financial decisions. They do not take into account the specific investment objectives, financial situation or particular needs of any particular person who may be in receipt of such information.

6. THIRD PARTY SOFTWARE

6.1. Where any product, service, content, or functionality originates from or is provided by Third Party Software, you agree and acknowledge that:

  1. Third Party Software is owned and/or operated by third parties and we shall not be responsible for the same. We have no control over and are not responsible for any such third party’s performance or non-performance of any obligation in connection with such Third Party Software or arising in any other way;
  2. any use by you of any Third Party Software is entirely at your own risk. To the maximum extent permissible under Applicable Law, we expressly disclaim any representation, warranty, condition, or term of any kind (whether express, implied, statutory, or otherwise) in respect of such Third Party Software and/or the corresponding third parties, including without limitation the 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, and interoperability of the Third Party Software;
  3. Third Party Software may be subject to other terms and conditions, including privacy policies, over which we have no control and which may govern your rights and obligations with respect to the access and/or use of such Third Party Software. You must comply with terms and conditions applicable to Third Party Software and pay all charges associated therewith; and
  4. we may, in our sole and absolute discretion, suspend, discontinue, terminate, or prohibit any interface and/or interoperation between the NETS App and any Third Party Software. We shall not responsible for any Losses which you may suffer as a result of such suspension, discontinuation, termination, and/or prohibition.

6.2. You agree to comply with these Terms (including without limitation Clause 7.5) when giving us instructions in connection with any Third Party Software, such as when granting authorisation (including pre-authorisation) to us and/or to third parties operating the Third Party Software. Once you have provided such authorisation in connection with the Third Party Software, we shall be entitled to treat any instructions received by us through the interface and/or interoperation of the Third Party Software and the NETS App as an instruction from and fully authorised by you, relating to the Third Party Software. We shall be entitled to act on such instructions without further reference to you and shall not be obliged to recall and/or revoke such instructions or comply with any instructions to do the same. For the avoidance of doubt, your transactions, dealings, and/or instructions in connection with the Third Party Software may be subject to other terms and conditions.

6.3. For the avoidance of doubt, to the maximum extent permissible under Applicable Laws, we shall have the right from time to time to switch, modify, or remove Third Party Software(s) in connection with the NETS App without prior notice to you, and you agree and acknowledge that you shall bear the sole risk of changes in functionality, features, interface, and/or user experience arising from such switching, modification and/or removal from time to time.

Third Party Sites

6.4. The NETS App 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 any applicable terms of use governing those Third Party Sites. We have no control over, exclude all liability for, and do not assume any responsibility for material created or published by such Third Party Sites. Third Party Sites are the sole responsibility of the person that makes it available, and we are not responsible for them, and we neither have control over the selection thereof, nor do we routinely monitor it. Any use by you of any Third Party Sites is entirely at your own risk. Third Party Sites may have their own terms and conditions, including privacy policies, over which we have no control and which will govern your rights and obligations with respect to the access and/or use thereof. We do not endorse and are not responsible or liable for any content, advertising, products, services or materials on or available through such externally available Third Party Sites.

7. YOUR OBLIGATIONS

7.1. You agree that:

  1. you shall do, execute, and/or procure to be done and executed all such further acts, deeds, things, and documents as may be necessary to give effect to these Terms and to give us and/or the Safeguarding Institutions the full benefit of these Terms;
  2. you shall be responsible for the following, at your own cost:
    1. obtaining and maintaining all necessary hardware, software, and/or communications services necessary for your use of the NETS App; and
    2. ensuring the security of any mobile or other device on which you access and/or use the NETS App, including installing antivirus or other mobile security software to protect against any vulnerabilities where appropriate and installing updates and patches in a prompt and timely manner;
  3. you shall be responsible for any and all fees or charges relating to:
    1. downloading of the NETS App and/or any components or updates relating to the same; and
    2. your ongoing access and/or use of the NETS App;
  4. any use of the NETS App and/or Cards in connection with transactions carried out over the Internet or other communication networks shall be entirely at your own risk and you shall be solely liable for any such transactions as well as any Losses or Claims arising in connection with any such use. You shall adopt appropriate security measures to prevent and mitigate such risks; and
  5. you shall not, and shall not knowingly or otherwise authorise, allow, or assist any other party to:
    1. use the NETS App to: (1) conduct electronic spamming; (2) perform unlawful or immoral activities (including but not limited to any act or omission that encourages or involves conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any Applicable Law); and/or (3) upload any immoral, illegal, or malicious content (including without limitation any viruses);
    2. modify or adapt the whole or any part of the NETS App or merge, combine or incorporate the NETS App into any other programme, application, or software;
    3. copy, rent, lease, sub-licence, loan, translate, vary, disassemble, decompile, reverse-engineer, reverse-assemble, attempt to derive the source code of, edit, sell, assign, transfer, distribute, or create derivative works based on, or determine or attempt to determine any source code, algorithms, methods or techniques embodied by, the NETS App or any component thereof;
    4. do any of the following: (1) use automated scripts to collect information from or otherwise interact with the NETS App; (2) access or search the NETS App (including without limitation to extract or download any information, data or content from the NETS App) through the use of any engine, software, tool, agent, device, mechanism or means (including spiders, robots, crawlers or any other similar data mining tools or scraping techniques whether manual or automated), to mine or scrape data from the NETS App; (3) store or use information, data or content from the NETS App in an archival file site, database or other searchable repository; and/or (4) develop any third-party applications that interact with the NETS App without our prior written consent;
    5. use the NETS App to develop, test, market, or train artificial intelligence technology, machine learning models, automated analytical technique, or related technology;
    6. provide any information (whether automatically or otherwise) to us that is false or misleading, including without limitation via: (1) creating a false identity using the NETS App, impersonating any person or entity, or falsely stating or otherwise misrepresenting you or your affiliation with any person or entity; (2) forging TCP/IP packets; and/or (3) masking or altering your IP address or the geographical location from which you appear to our systems to be accessing the NETS App;
    7. mask or alter your user agent or other identifiers relating to the software or device from which you appear to be accessing the Services;
    8. attempt to probe, scan, test the vulnerability of, or gain unauthorised access to a system or network in connection with the NETS App or breach or circumvent the security or authentication measures relating to the NETS App without proper authorisation;
    9. use the NETS App is any way that could damage, disable, overburden, impair, or compromise the NETS App or interfere with any other person’s usage of the NETS App;
    10. use the NETS App in any manner that: (1) leads to the infringement of our IPR or those of any third party; or (2) could damage, disable, impair, or compromise the NETS App (or the systems or security of the NETS App, or any hardware or software used in connection therewith), interfere with other users, and/or affect our reputation; and/or
    11. engage in any activities that we may deem inappropriate in our sole and absolute discretion.

7.2. You represent and warrant to us that, now and throughout the duration of these Terms:

  1. you are the authorised holder of any Card which you make a Paired Card through the NETS App; and
  2. you are the authorised holder of any Enabled Device, or you have obtained all necessary consents for your use of any Enabled Device which you use to access and/or operate the NETS App and/or any User Account.

Loss, etc of Enabled Device

7.3. If you discover that your Enabled Device has been lost, stolen, or accessed and/or used in an unauthorised way:

  1. you shall notify us immediately of the loss, theft, or unauthorised access and/or use (as the case may be) by calling our NETS hotline at +65 6274 1212, or +65 6229 7200, or via such other means as we may designate for this purpose from time to time; and
  2. without limiting the foregoing or Clause 7.5, if your Enabled Device has been accessed and/or used without authority, you shall, as soon as possible, reset your Device Credential.

7.4. If we are informed, discover, and/or suspect (in our sole and absolute discretion) that your Enabled Device and/or Device Credential may have been lost, stolen, disclosed, or accessed and/or used in an unauthorised way:

  1. we may require you to make a police report accompanied by written confirmation of the loss, theft, and/or misuse (as applicable) in such form and including such information as we may specify; and
  2. we may require you to comply with such procedures as we may specify in connection therewith, including without limitation security and/or reenrolment procedures.

Security

7.5. You shall comply with such security procedures as we may prescribe from time to time (in our sole and absolute discretion) when giving us instructions, including without limitation authentication using a one-time password, requiring that you additionally enter your PIN in respect of certain transactions where the transaction amount exceeds SGD 100 (or such other amount as we may determine from time to time at our sole and absolute discretion), and/or any other means of confirming your instructions as we may specify.

7.6. Without prejudice to the generality of the foregoing, you shall:

  1. not permit any other person to use your credentials in respect of your User Account;
  2. keep your Enabled Devices secure (in respect of both the physical and electronic environments);
  3. ensure that your credentials relating to your User Account and/or Enabled Devices (including without limitation your Device Credential) are not disclosed to any other person. You are responsible for safekeeping and maintaining the confidentiality of such credentials and we shall not be responsible for the same;
  4. ensure that no other person uses any of your Enabled Devices to effect payments (whether for Merchant Services, Transit Services, or otherwise);
  5. take reasonable measures and all due care to protect your credentials relating to your User Account and/or Enabled Devices against misuse by third parties; and
  6. comply with all security procedures specified by us from time to time in connection with the use of the NETS App and/or any Card.

7.7. If you discover any vulnerabilities or unexpected behaviour in connection with the NETS App, you must promptly notify us in writing and provide details of such vulnerabilities or behaviour (as the case may be).

Payment

7.8. In addition to payment for Merchant Services and/or Transit Services, you may be required to pay such charges or fees as we may notify you of from time to time, including without limitation (where applicable):

  1. service charges or fees payable in connection with the use of the NETS App and/or your Enabled Device, including without limitation charges or fees imposed by equipment vendors, software companies, internet or communication services providers, or other third parties;
  2. service charges or administration fees in connection with any action taken by us in acting on your instructions or requests relating to your use of the NETS App, your Designated Account, your Enabled Device, and/or any Card, whether such service or action is referred to or contemplated in these Terms or not; and
  3. charges or fees payable in connection with the termination of these Terms, the NETS App, your Designated Account, and/or any Card.

7.9. We may notify you of changes to the charges or fees (including new charges or fees) by posting such changes on our website at https://www.nets.com.sg/nets/for-you or via a Notification. You are deemed to accept such changes if you continue to use the NETS App following such notification.

8. DATA PROTECTION

8.1. You hereby consent to us collecting, using, disclosing your personal data, including without limitation disclosing such personal data to our authorised service providers and relevant third parties subject to the terms of the Data Protection Policy (which is hereby incorporated by reference in these Terms) and for any and all purposes:

  1. described or contemplated under these Terms;
  2. reasonably required by us to facilitate your access and/or use of the NETS App under these Terms; and/or
  3. set out in our Data Protection Policy which you confirm that you have read and understood.

8.2. You further agree that where permitted under Applicable Law, we may also collect, use, and disclose your personal data (including without limitation your email address(es)) for providing or marketing services, products and benefits to you, including promotions and loyalty and reward programmes, including joint marketing and/or cross promotions with third parties.

8.3. If the personal data relating to any third party individual is disclosed to us at your request or by or through you, you represent, warrant, and undertake that any and all individuals to whom such personal data relates have, prior to such disclosure, agreed and consented to such collection, use, and disclosure of their personal data by us for the purposes set out in Clause 8.1 above and that such consents are not withdrawn.

8.4. If you have provided your Singapore telephone number(s) and have indicated that you consent to receiving marketing or promotional information via your Singapore telephone number(s), then from time to time, we may contact you using such Singapore telephone number(s) (including via voice calls, text, fax or other means) with information about our products and services (including discounts and special offers).

8.5. In relation to particular products or services or in your interactions with us, we may also have specifically notified you of other purposes for which we collect, use and/or disclose your personal data. If so, we will collect, use and/or disclose your personal data for these purposes as well.

8.6. In addition, you agree that by using any functionality provided by Third Party Software through or by interoperation with the NETS App, you consent to the Third Party Software (and the third parties operating such Third Party Software) collecting, using, disclosing, and/or Processing any personal data necessary to provide such functionality, including without limitation any personal data relating to transactions administered, facilitated, and/or executed by such Third Party Software. We shall not be responsible for such collection, use, disclosure, and/or Processing, and you shall be solely responsible to comply with any data protection policy, privacy policy, and terms of use applicable to such Third Party Software before using any functionality provided by the Third Party Software.

8.7. Without prejudice to our Data Protection Policy, by submitting any query or request for support to us (e.g. under Clause 15.2), you agree and acknowledge that your customer information and/or personal data may be disclosed to and shared amongst NETS, its service providers, Safeguarding Institutions, and their respective affiliates, for processing for the purposes of: (a) responding to, processing and handling your complaints, queries, requests, feedback and suggestions; (b) establishing and verifying your identity; (c) preventing, detecting, and investigating crime (including fraud and money-laundering or terrorist financing); (d) protecting and enforcing our contractual and legal rights and obligations; (e) meeting or complying with any applicable rules, laws, regulations, codes of practice or guidelines issued by any legal or regulatory bodies which are binding on us, or which we have been advised, recommended or informed that we are expected to comply with (including disclosures to regulatory bodies, conducting audit checks, surveillance and investigation, and due diligence), internal policies, and/or assisting law enforcement or investigations by relevant authorities; (f) response measures that are necessary in the event of an emergency; and/or (g) any other purpose relating to or reasonably necessary for any of the foregoing.

8.8. You hereby expressly and irrevocably agree, consent to, permit, and authorise, us in respect of the transfer, collection, use, disclosure, divulging, or revealing at any time in any manner and under such circumstances as we deem necessary or expedient in our sole and absolute discretion without providing any reason and without prior reference to you, of any information (whether personal data or otherwise) whatsoever relating to you, any Card, Cardholder, User Account, or Transaction History, the NETS App, or any Terminal, and/or any other matters arising under these Terms, to and between any person (including without limitation TLPL, any Merchant, the Safeguarding Institutions, and any Governmental Authority) at any time and from time to time, for any purpose that we deem appropriate, necessary, or desirable, including without limitation for the purposes of:

  1. providing regulatory submissions to, or responding to any instructions and/or directions given by, any Governmental Authority;
  2. assessing your financial situation or investigating any Claim or dispute arising out of these Terms or in connection with any transactions; and/or
  3. running of verification and compliance analysis and/or use of data capture, syndication analysis, and/or other similar tools to track, extract, compile, aggregate, archive, disclose or otherwise analyse any data and/or information.

8.9. Our authority to transfer, collect, use, disclose, divulge, or reveal information (whether personal data or otherwise) as contemplated under this Clause 8, and your consent therefor, shall survive any suspension of rights hereunder and/or the termination of these Terms.

8.10. Notwithstanding anything in these Terms, you agree and acknowledge that:

  1. we may be required under Applicable Law to provide unlimited access to any party for any and all information (whether personal data or otherwise), data, and records (whether processed or not) howsoever submitted, provided, supplied, or presented by you to us through any means and we shall not be responsible or liable for any Loss for any such access and/or disclosure whatsoever; and
  2. without limiting the generally of the foregoing sub-paragraph (a), you expressly and irrevocably agree, consent to, permit, and authorise, disclosure contemplated under these Terms as required under Applicable Law.

9. TERMINATION

9.1. We may, at any time and in any matter as we in our sole and absolute discretion consider appropriate, with or without giving any reason and/or with or without notice to you, and without liability whatsoever, immediately amend, update, withdraw, modify, change, terminate, restrict, and/or suspend the NETS App and/or your access to and/or use of the NETS App, for such duration as we deem fit. If we give notice to you of such termination, such as through our website, in local newspapers, via a Notification, in displays at the NETS office, or via publication through any media, such termination shall be effective on the date specified in the notice.

9.2. You may terminate these Terms by deleting the NETS App and/or closing your User Account in accordance with the prescribed procedures under these Terms. If you terminate these Terms:

  1. any amounts represented by the balances in your Card(s) may be forfeited or returned to you in accordance with such processes as we may specify. It is your responsibility to retrieve them (e.g. request for a transfer or refund, if this is permitted by us), before you instruct us to terminate these Terms, if they are available, according to such processes we may specify. For the avoidance of doubt, you are solely responsible to initiate the request for refund of any unused balance under the Card(s) according to Clause 4.2;
  2. once we have processed your instruction:
    1. we may not be able to continue to provide the NETS App (or any part thereof) to you, to administer any contractual relationship already in place, or perform or conclude an existing or prospective agreement. This may result in the termination of agreement(s) you have with NETS, and your being in breach of your contractual obligations or undertakings. In such an event, we reserve our legal rights and remedies; and
    2. you may not be able to enter certain part(s) of the NETS App. This may also affect your user experience while on the NETS App; and
  3. you shall at your cost and expense, furnish documentation as we may request, and comply with all requirements, rules, directions, standards, guidelines, operating procedures, and policies we may specify in relation thereto, including without limitation further assurances, perfection, and such other matters as we may specify.

9.3. In the event of termination of these Terms howsoever caused, save only insofar as prohibited by Applicable Law:

  1. you shall comply with such procedures in connection with such termination as we may prescribe from time to time at our sole and absolute discretion;
  2. you shall immediately cease to use the NETS App and shall uninstall and delete the NETS App from any and all of your devices;
  3. we shall be entitled to charge you (including without limitation your Designated Account) for any outstanding charges for any transactions effected by you or through the use of your Device Credential, whether effected before or after the termination of these Terms, and such charges shall due and payable by you notwithstanding the termination of these Terms;
  4. you shall not be entitled to any payment, compensation, or damages from us in connection with the termination of your access to and/or use of the NETS App and/or any associated services or software (including without limitation any Third Party Software and/or Third Party Sites);
  5. Clauses 2, 8, 10, 11, 12, 13, 14, and 15, and those rights and/or obligations of the parties to these Terms which are expressly or by implication intended to survive termination shall survive and continue to bind the parties to these Terms, their respective successors, and assigns; and
  6. all licences granted to you by us under these Terms shall, if not already terminated or otherwise ceased, immediately terminate.

10. EXCLUSIONS AND LIMITATIONS OF LIABILITY

10.1. To the maximum extent permissible under Applicable Law, the NETS App, the Cards, your User Account, and any security measures or features are each provided on an “as is” and “as available” basis only without any representation, warranty, condition or term of any kind (whether express, implied, statutory or otherwise), all of which are expressly disclaimed by us. Without prejudice to the generality of the foregoing, we expressly disclaim the following:

  1. the merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement of third-party rights, or as to the accuracy, correctness, reliability, timeliness, non-infringement of or compliance with any Applicable Laws, and/or third-party rights in connection with the NETS App, any Card, and/or your User Account, your Enabled Devices, any Third Party Software, and/or any Third Party Sites;
  2. non-interference with your access to and/or use of the NETS App, any Card, your User Account, your Enabled Devices, any Third Party Software, and/or any Third Party Sites; and
  3. the NETS App, any Card, and/or your User Account, your Enabled Devices, and/or any related hardware, software, or technological system (including without limitation any Third Party Software or Third Party Sites):
    1. being uninterrupted or error-free, or that defects will be corrected;
    2. being free from any unauthorised access, intervention, hacking, sabotage, fraud, infiltration by third parties, viruses, worms, trojan horses, software bombs and malicious, destructive or corrupting codes, agents, programs or macros and spyware or similar items or processes or other harmful elements;
    3. being at all times be available and/or accessible;
    4. being compatible or working with any third-party software, applications or third-party services; and/or
    5. meeting your requirements or any requirements prescribed by Applicable Law.

10.2. To the maximum extent permitted under Applicable Law, NETS and our officers, employees, contractors, and agents shall not be liable for any Losses, whether based on an action or Claim in contract, tort (including negligence), breach of statutory duty or otherwise, suffered by you or any third party, even if informed of the possibility thereof, arising from or in connection with any of the following:

  1. your access to, use of, and/or reliance on the NETS App, any Card, your User Account, your Enabled Devices, any Third Party Software, and/or any Third Party Sites;
  2. any delay, suspension, discontinuation, termination, or failure of the NETS App, any Card, your User Account, your Enabled Devices, any Third Party Software, and/or any Third Party Sites;
  3. if use of the NETS App, any Card, and/or your Enabled Device is rejected by a Merchant, the TLPL, or any Terminal;
  4. if we refuse for any reason to effect, authorise, or approve any transaction (including without limitation due to insufficient available funds or credit available in respect of the relevant Card or your Designated Account);
  5. your inability to effect or complete any transaction due to system maintenance or breakdown/non-availability of the NETS App, any Card, your User Account, your Enabled Devices, any Third Party Software, any Third Party Sites, and/or any network, hardware or software of NETS or third party recipients of your transfer of funds;
  6. any malfunction, defect or error in any Terminal used to process the transaction or to facilitate the usage of the NETS App, or of other machines or systems 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;
  7. us acting, delaying to act, or omitting to act, including without limitation on any instructions issued or purportedly issued by you (whether or not such instructions are submitted through the NETS App and/or are given by unauthorised persons);
  8. your transfer of funds to the wrong mobile number, the wrong recipient, or wrong third party;
  9. theft, loss, use, and/or misuse of your Enabled Device or loss, misuse, and/or unauthorised disclosure or compromise of any credentials (including without limitation in connection with your User Account or your Enabled Device);
  10. any damage to or loss or inability to retrieve any data or information that may be stored in the NETS App or any microchip or circuit or device in your Enabled Device or the corruption of any such data or information, howsoever caused;
  11. any delivery, non-delivery, delayed delivery, or misdirected delivery of any Notification;
  12. any inaccurate or incomplete content in any Notification;
  13. any reliance by and/or use of information provided in any Notification for any purpose;
  14. any fraud or forgery perpetrated on us, any Merchant, TLPL, and/or any of the Safeguarding Institutions;
  15. any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Paired Card, Enabled Device or the NETS App (including without limitation any operator of Third Party Software or Third Party Sites);
  16. any act, omission, or default of any operator of Third Party Software;
  17. any delay or inability on our part to perform any of our obligations under these Terms 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;
  18. any loss of data, revenue, profits, goodwill, anticipated savings, reputation, business and/or business opportunity; and/or
  19. any special, indirect and/or consequential Loss or damage of any kind.

10.3. Use of the NETS App is entirely at your own risk. Whilst we may exercise reasonable endeavours to protect your personal data to the extent required under Applicable Law, you agree and acknowledge that:

  1. the NETS App may use transmissions over the Internet which are never completely private or secure;
  2. use of the NETS App 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 non-performance of their obligations to you; and
  3. any personal data, message or information which you send in the course of the use of the NETS App may be made public.

Merchant Services or Transit Services

10.4. To the extent that any transaction is entered into between you and a Merchant (in connection with Merchant Services) and/or TLPL (in connection with Transit Services), and you use the NETS App to facilitate payment(s) (whether directly or indirectly) in connection with such transaction:

  1. such transaction is entered into between you and the relevant Merchant and/or TLPL (as the case may be). Merchant and TLPL are the suppliers of (respectively) the Merchant Services and Transit Services as principals in their own right, and we are not party to such transactions or any agreements that may be entered into between you and the Merchant and/or TLPL, even if terms may be prescribed by us in connection with such transactions;
  2. we neither endorse nor assume any responsibility or liability arising in connection with any such transactions (or any Merchant Services and/or Transit Services in respect of which a transaction is carried out);
  3. we: (1) shall not be responsible for procuring; (2) do not warrant; and (3) do not undertake, that you shall comply or have complied (whether in whole or in part) with the terms and conditions governing any such transaction;
  4. if a chargeback, cancellation and/or refund is granted for any transaction (for any reason), the transaction may be reversed, and you further agree to bear all taxes and other duties payable thereon (including in the case of bank transfers) as applicable. We reserve the right to modify the mechanism of processing chargeback, cancellation, and/or refunds on the NETS App and/or in connection with any Card(s) from time to time without notice to you; and
  5. to the maximum extent permitted under Applicable Law, you agree not to make any Claim against us in respect of any Loss which may arise from or in connection with any Merchant and/or TLPL’s performance or non-performance of the transaction or other sale contract, or which may arise from or in connection with the nature, quality or fitness for purpose of the Merchant Services and/or Transit Services supplied by the Merchant and/or TLPL (or due to any defect therein), or arising in any other way, and you shall release and hold us harmless against any such Loss.

10.5. For the avoidance of doubt, we shall not be liable in any way for any Claim or dispute arising between yourself and any Merchant and/or TLPL in connection with any Merchant Services and/or Transit Services, whether or not purchased or paid for using the NETS App or any Card. Without prejudice to the foregoing:

  1. we shall not be responsible for any benefits, discounts, or programmes of any Merchant or TLPL or the delivery or provision of any Merchant Services and/or Transit Services;
  2. to the maximum extent permissible under Applicable Law, we expressly disclaim any representation, warranty, condition or term of any kind (whether express, implied, statutory or otherwise) as to the quality, merchantability, fitness for purpose, provision, or performance of any Merchant Services and/or Transit Services; and
  3. you agree that we do not act as agent for any Merchant or for TLPL.

10.6. Any complaints, Claims, disputes, or refunds sought in connection with any Merchant Services or Transit Services shall be resolved between yourself and the respective Merchant or TLPL (as the case may be) and we shall not be responsible in any way in connection with the resolution of the same.

11. INDEMNITIES

11.1. To the maximum extent permissible under Applicable Law, you hereby unconditionally and irrevocably undertake to indemnify, defend, and hold us harmless (as well as our related corporations and our employees, servants, officers, agents, directors, partners, and/or permitted assigns) from and against any and all Losses which may be sustained, instituted, made, or alleged against (including without limitation any Claim or prospective Claim in connection therewith) or suffered or incurred by us (and/or any of our related corporations, employees, servants, officers, agents, directors, partners, and/or permitted assigns) and which arise (whether directly or indirectly) out of or in connection with:

  1. any act or omission by you;
  2. any breach by you of any one or more provisions, undertakings, obligations, representations and/or warranties set out in these Terms and/or any other terms of any other agreements and terms and conditions incorporated herein by reference or which are applicable to you;
  3. enforcement of and protection of our rights and remedies (including steps taken to mitigate and/or prevent any breach or potential breach) in respect of any one or more provisions, undertakings, obligations, representations and/or warranties set out in these Terms and/or any other terms of any other agreements and terms and conditions incorporated herein by reference or which are applicable to you, whether by us, our related corporations, and/or the Safeguarding Institutions;
  4. any contravention of Applicable Law by you;
  5. any access to and/or use of Third Party Software or Third Party Sites by you, including without limitation any instructions received by us through the interface and/or interoperation of any Third Party Software that is authorised or purportedly authorised by you;
  6. us taking, relying and acting upon or omitting to act on any instructions given or purported to be given by you or by any person(s) purporting to be your attorney, regardless of the circumstances prevailing at the time of such instructions or the nature of the transaction and notwithstanding any error, misunderstanding, fraud or lack of clarity in the giving, receipt or the contents of such instructions, including where we believed in good faith that the instructions or information were given in excess of the powers vested in you or where we believed that us so acting would result in a breach of any duty imposed on us;
  7. any information (whether personal data or otherwise), records or other material provided by you to us that are false, misleading or incomplete and/or subsequently became false, misleading or incomplete;
  8. any failure by you to pay or repay to us on demand any sum due to us (including all interest accrued thereon);
  9. any disclosure of any information (whether personal data or otherwise) which you consented to us and/or any of our personnel disclosing;
  10. us using any system or means of communication or transmission in carrying out your instructions which results in the loss, delay, distortion or duplication of such instructions;
  11. lack of information or failure by you to provide clear, necessary and complete information for carrying out your instructions (including without limitation effecting any transaction);
  12. any lost, stolen or mislaid credential (including without limitation your Device Credential) in relation to the NETS App, any Card, your User Account, your Enabled Device, and/or your Designated Account, and any re-issuance or replacement of the same by us (as applicable);
  13. your access to, use of and/or reliance on the NETS App, any Card, your User Account, your Enabled Device, and/or your Designated Account; and/or
  14. your negligence, default or misconduct.

12. APPLE STORE MINIMUM TERMS

12.1. In the event that you obtain the NETS App through the Apple App Store, offered by Apple, Inc. (“Apple“), the following shall apply. You acknowledge and agree that if any of these Terms 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/ (or such other location as Apple may designate) from time to time, the Minimum Terms shall apply.

12.2. You acknowledge and agree to the following:

  1. you shall only use the NETS App with an Apple device that you own or control;
  2. you shall comply with any applicable third party terms which may affect or be affected by your use of the NETS App;
  3. Apple has no responsibility for the NETS App, including without limitation, no responsibility to furnish any maintenance and support services for the NETS App or to address any end-user Claims or any third party relating to the NETS App or any end-user’s access to and/or use of the NETS App, including but not limited to:
    1. product liability Claims;
    2. any Claim that the NETS App fails to conform to any applicable legal or regulatory requirement;
    3. Claims arising under consumer protection or similar legislation; and
    4. any third party Claim that the NETS App or any end-user’s access to and/or use of the NETS App infringes that third party’s IPR; and
  4. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms. Upon your acceptance of these Terms, notwithstanding Clauses 15.8 and 15.9, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.

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

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

13. OTHER FUNCTIONALITY

13.1. We may, from time to time, make available other functionality in connection with enabling you to access, operate and/or receive information relating to Cards. Such functionality may be subject to additional terms and conditions that we may specify and we may require you to agree to such additional terms and conditions as a condition of use and/or access.

14. INTERLLECTUAL PROPERTY RIGHTS

14.1. Any and all IPR in the NETS App (including without limitation all works, content, software, information, materials, documents, policies, data, descriptions, names, logos, graphics, images, software, text, source codes, application programming interfaces, music, audio files or other sounds, photographs, videos, test environments, and/or the “look and feel” of the NETS App) as well as any and all IPR related thereto (collectively “NETS App IPR”) are owned by us or relevant third parties, and you do not have any right, title, or interest in such IPR. Any goodwill and/or custom arising from any use of the NETS App shall enure solely to us. We and the relevant third parties reserve all rights not expressly granted to you.

14.2. Without prejudice to the generality of the foregoing, the “NETS” and “NETS App” trade marks and logos are our registered trademarks and any other logos, service marks, product names, and other proprietary indicia used in the NETS App are owned by us or third party licensors. Nothing in these Terms confers on you any right(s) to use “NETS” or “NETS App” and any other trade marks, service marks, logos, get-up, trade-names, goodwill, Internet domain names, slogans, product names and designations and other proprietary indicia used as part of the NETS App, all of which are and remain the property of NETS or the relevant owner(s). We and the relevant third party licensors reserve all rights not expressly granted to you.

14.3. Use of NETS App IPR for any purpose not expressly permitted under these Terms is strictly prohibited. No part or parts of the NETS App 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.

14.4. You agree and acknowledge that we may generate revenues, increase goodwill or otherwise increase our value from your use of the NETS App, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, and usage data, and except as specifically permitted by us in these Terms or in another written agreement you enter into with us, you shall have no right to share in any such revenue, goodwill or value whatsoever.

14.5. You further agree not to infringe, or cause us to infringe, any third party’s IPR, and you shall keep us indemnified against all Losses suffered or incurred by us in connection with any such infringement.

15. GENERAL

Feedback

If you provide us with any comments, feedback, suggestions and/or participate in any surveys regarding the NETS App (collectively “Feedback“), by providing such Feedback to us, you agree that:

  1. we have no obligation to review, consider, or implement the Feedback, or to return all or part of any Feedback;
  2. the Feedback is provided on a non-confidential basis, and we shall not be under any obligation to keep any Feedback confidential or to refrain from using or disclosing it in any way; and
  3. we (or such third party as we may nominate) shall own all right, title, and interest in and to such Feedback. You shall do, execute, or procure to be done and executed all such further acts, deeds, things, and documents as may be necessary to assign all rights, title, and interest in and to such Feedback to us or such third party as we may nominate.

15.2. If you have any complaints or queries about the NETS App, please direct these to:

NETS
Attention: NETS Customer Service Centre
Telephone number: +65 6274 1212 or +65 6229 7200
Email address: info@nets.com.sg

Alternatively, you may visit https://www.nets.com.sg/nets/for-you/support to request for support, as appropriate. You agree and acknowledge that we may not be able to verify requests that are not submitted through approved channels, and we shall have no obligation to respond to such requests.

Violations of these Terms

15.3. We reserve the right to investigate complaints relating to the use of the NETS App and/or reported violations of these Terms. We may take any action that we deem appropriate, including reporting any suspected unlawful activity to law enforcement officials, relevant authorities or regulators, and/or disclosing any relevant information to such officials, authorities, and/or regulators.

Force majeure

15.4. We shall not be responsible for delays or failures, resulting at least in part from acts beyond our reasonable control and without our fault or negligence, in (a) the performance of our obligations hereunder, (b) executing any instructions, or (c) providing the NETS App to you. Such excusable delays or failures may be caused by, among other things, riots, rebellions, accidental explosions, adverse market conditions, unavailability of foreign exchange, floods, storms, acts of God and/or similar occurrences.

No waiver

15.5. No omission, delay, or failure on the part of NETS and/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.

Assignment

15.6. You shall not (nor shall you purport to) assign, novate or transfer all or part of your rights and/or obligations under these Terms, nor grant, declare or dispose of any right or interest in them, without our prior written consent, which may be withheld at our sole and absolute discretion. We may assign, transfer, novate, sub-contract or otherwise deal with all or part of our rights and obligations under these Terms at our sole and absolute discretion, and any such assignment, transfer, novation, sub-contract or other dealing shall not release you from liability under these Terms. You hereby agree to execute any document we require to give effect to such assignment, novation or transfer.

Severability

15.7. If any one or more of the provisions in these Terms are deemed invalid, unlawful or unenforceable in any respect under any Applicable Law, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired.

Third party rights

15.8. 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.

15.9. Save as set out in Clauses 12.2(d) and 15.8 above, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 (or other analogous rights of third parties arising under any law (regardless whether under judicial or statutory law, or under any treaty that exist or that may come to exist anywhere in the world)) to enforce these Terms or any provision thereof.

Copyright Act Notification

15.10. The Copyright Act 2021 of Singapore contains provisions related to limiting the liability of network service providers such as NETS who may provide services such as system caching or user storage and information location. Where a copyright owner furnishes to NETS (through NETS’s designated representatives) a valid notice in the form prescribed by the said Act, NETS will take reasonable steps to remove or disable access to the relevant material in accordance with the said Act. Where the person who made available such material furnishes to NETS a valid notice in the form prescribed by the said Act, NETS will take reasonable steps to restore the relevant material, unless court proceedings are commenced by the copyright owner and NETS is informed in writing in accordance with the said Act. Should you wish to provide a take-down and counter notice to NETS, please ensure that such takedown and counter notices are in conformance with the form prescribed by the said Act. NETS will not act on any notice unless the notice is a valid notice in the form prescribed by the said Act.

Governing law and dispute resolution

15.11. These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. You hereby irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of Singapore for all purposes in relation to these Terms.

Translations

15.12. 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.

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