NETS In-App Payment Terms & Conditions
This following terms and conditions apply when you register and use NETS Click (“NETS Click”) with a merchant’s application (the “Merchant App”). Please read these Terms and Conditions carefully before you start using NETS Click. By proceeding with the registration, you are agreeing to the terms and conditions as set out below. After registration, if you subsequently continue use of NETS Click on the Merchant App after an update to these terms and conditions is posted to the Merchant App, you are agreeing to the terms and conditions as updated. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT START USING NETS CLICK.
1.1. The following expressions shall have the meanings set out opposite them:
|“Approved Banks”||Means DBS, OCBC, UOB, and any other bank approved by NETS in NETS’ sole discretion, each an “Approved Bank”;|
|“Card”||Means the ATM card issued by any of the Approved Banks, and includes a Tokenised Card;|
|“Credentials”||Has the meaning given to it in clause 4.1(j);|
|“Enabled Device”||Means a compatible mobile communications or other device successfully registered by the User for use in connection with NETS Click;|
|“In-App”||Means occurring within the Merchant App, or activating / causing the use of NETS Click within (or in connection with) the Merchant App;|
|“Merchant”||Means the third party with whom you have executed or entered into an agreement for the use of Merchant App;|
|“Merchant App”||Shall have the meaning ascribed to it above and includes the apps, programs or other software owned and operated by third parties which interface with the NETS Click solution, including such apps, programs or other software which allow you to pay or execute transactions with the functionality of NETS Click;|
|“NETS”||Means Network for Electronic Transfers (Singapore) Pte Ltd, a company incorporated in the Republic of Singapore and having its registered office at 298, Tiong Bahru Road, #04-01, Central Plaza, Singapore 168730, and its successor-in-title. References in these Terms and Conditions to “we”, ‘us” and “our” shall be read as references to NETS;|
|“NETS Click”||Shall have the meaning ascribed to it above and further means the service marketed by NETS as “NETS Click” or other name which involves the creation of a pre-authentication procedure to be used on or within the Merchant App, where the user can essentially execute a one-click payment to the Merchant or a third party within the Merchant App;|
|“Terms and Conditions”||Means these terms and conditions as may be varied or amended from time to time by NETS;|
|“Tokenised Card”||Means the Card in virtual form which is provisioned by the User onto NETS Click;|
|“Transaction Amount”||Means such amount as may be authorised by the User to be paid or transferred through NETS Click;|
|“User”||Means the holder of Card or the account holder of a Tokenised Card, and/or a user of Stored Value (as may be applicable). References in these Terms and Conditions to “you” and “yours” shall be taken to refer to the User;|
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 these Terms and Conditions.
1.3. These Terms and Conditions govern the use of NETS Click. If there is any conflict or inconsistency between these Terms and other terms and conditions, these Terms and Conditions will prevail.
2. RELATIONSHIP WITH MERCHANT APP
2.1. NETS Click is owned, operated and managed solely by NETS. It is a distinct and separate service from the Merchant App.
2.2. You may, from time to time, make use of NETS Click to effect payments for transactions that you conduct or conclude in the Merchant App. In such situations, you acknowledge and agree as follows:
- The Merchant App is 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 Merchant App, their terms and conditions, and any transactions or dealings with third parties conducted or facilitated through or in connection with the Merchant App;
- You are responsible for complying with the terms and conditions for your use of the Merchant App and you will indemnify NETS for any loss, damage or expenses (of any kind, including legal fees on a full solicitor-client basis) which NETS may suffer or incur due to a breach by you that agreement;
- You use the Merchant 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 Merchant App, or the related or connected business, operations, IT, administrative, commercial or other aspects of the Merchant;
- If the Merchant App, through NETS Click, enables you to pay or transfer monies to the Merchant, you agree that:
- You may be prompted to authenticate instructions through the NETS Click interface including the use of One Time Passwords 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 Merchant App;
- Once you have authorized (including pre-authorizations) to NETS via NETS Click, NETS is entitled to treat any instructions received by NETS through the further interface or interoperation of the Merchant App and NETS Click as an instruction from you relating to the Merchant App;
- 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 Merchant App transactions, dealings or instructions;
- 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 Merchant App in respect of the same.
2.3. For the avoidance of doubt, none of the Approved Banks own, operate and manage NETS Click or the Merchant App.
2.4. You may only register and use NETS Click with a validly issued Card which has not been revoked and remains issued. The terms and conditions for your use of the Card are under a separate agreement with your Approved Bank, and you acknowledge and agree that NETS is not liable for the actions or omissions of the Approved Bank in any way. You are responsible for complying with the terms and conditions for your use of the Card under that agreement with the Approved Bank and you will indemnify NETS for any loss, damage or expenses (of any kind, including legal fees on a full solicitor-client basis) which NETS may suffer or incur due to a breach by you that agreement. You acknowledge and agree that an Approved Bank may decline the registration or use of a Card (including suspending, deleting or reactivating such Card), and that you will not hold NETS liable in any way for any decision of the Approved Bank in respect of the same.
2.5. You acknowledge, agree and warrant that you are, and will at all times be, in compliance with the following:
- You have a Card that is validly issued by an Approved Bank that remains validly issued throughout your use of NETS Click;
- You have a Singapore NRIC / Passport, or a Malaysian NRIC
- you are at least 14 years of age based on year of birth;
- you have a valid Singapore mobile number;
- you are the authorized holder of the Card;
- you are the authorized user of the Enabled Device, or you have obtained all relevant consents for your use of the Enabled Device.
3. REGISTRATION FOR NETS CLICK
3.1. In order to use NETS Click, you must register as a user of NETS Click. You must follow the procedures set out in the NETS Click interface within the Merchant App, which will include:
- The provision of your identity card (or other national identification number) in full, identification of the Approved Bank that has issued the Card, and the last 4 digits of the Card;
- The entry of your Card PIN (or ATM account login credentials);
- The sending of (and your authentication via the use of) a One-Time-Password to the Singapore telephone number that you have registered to with the Approved Bank that has issued the Card;
- The storage of information relating to the Card on and for the use of Merchant’s systems relating to the functioning of the Merchant App;
- The receipt of an SMS notification from the Approved Bank for successful NETS Click registration; and
- Any other steps (or variations of the above), that we may require or use as part of the registration process.
3.2. Failure to complete any step of the registration process may result in your inability to use NETS Click.
3.3. In order to de-register NETS Click from any Merchant App, you agree to abide by such relevant procedures as set out at www.nets.com.sg.
4. USE OF NETS CLICK
4.1. You agree that:
- Once you have completed the registration process, you will have added a Card to NETS Click, and to the Merchant App.
- Once you have added a Card to NETS Click in connection with the Merchant App, you may use your Enabled Device to make payments or transfer of monies by use of NETS Click.
- You agree that if the Transaction Amount is less than S$100 (or such other amount as we may determine from time to time at our sole discretion), you will not be required to enter your PIN or other password into the NETS Click interface or Merchant App in order to effect payment or transfer of monies.
- You may, from time to time (and without any obligation on us or an Approved Bank to do so) be requested to the enter your PIN or other Credentials used to validate your identity. This includes but is not limited to registration of NETS Click on any Merchant App, authorisations of transaction values above S$100, authorisation or authentication for any triggering of any risk or event parameters that NETS or an Approved Bank may set in each of their own, sole and absolute discretion.
- NETS, the Merchant or an Approved Bank establish / set a maximum dollar limit to be authorized for payment or transfer through the use of NETS Click, for any particular transaction (or type of transaction), and you agree to abide by that limit. NETS will owe no obligation to you in respect of the setting, variation or cancellation of any such limit.
- By enrolling for NETS Click within the Merchant App, you accept the risk of any unauthorized payment tractions which may occur In-App, and will be solely liable for all In-App transactions made using NETS Click, even including cases in which the Enabled Device, the Merchant App, Card or NETS Click may have been used by any other person without your knowledge or consent;
- We are entitled to treat any instructions received through NETS Click in respect of any In-App purchase (or payment or transfer of monies), as an authenticated and genuine authorization by you that you have instructed the payment transaction;
- We may (but are not obliged to) suspend the use of NETS Click in any Merchant’s App where we, in our sole and absolute discretion, take the view that there has been a fraudulent transaction on any Merchant App involving or in connection with your use of NETS Click, or a breach of these terms and conditions;
- Payments may be effected by you through your Enabled Device once you unlock your Enabled Device using your Enabled Device password (“Device Password”), and you will take full precautions to safeguard any Device Password;
- 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, any associated PIN, Merchant App passwords, or other security passwords or credentials (collectively, “Credentials”). Without prejudice to the generality of the foregoing, you must ensure that:
- you do not disclose to any person your Credentials, and that you do not compromise any security procedures whether within the Merchant App, NETS Click or by the Approved Bank;
- you are the only person using your Enabled Device, the Merchant App and NETS Click to effect money transfers / payments;
- you take reasonable measures and all due care to protect your Enabled Device and Credentials against misuse by third parties;
- you will notify the NETS and Approved Bank immediately if any Credential has been compromised (including unauthorized disclosure or modification) or if your Enabled Device has been lost, and upon such notification NETS may (but does not owe any obligation) to take reasonable efforts to suspend further use of NETS Click in connection with your Card to which such compromised Credential or lost Enabled Device relates, and, until such time as NETS has confirmed such suspension, you agree that NETS may continue to treat any further transactions executed via NETS Click as having been executed by you; and
- you agree to delete and uninstall NETS Click or Merchant App in any Enabled Device which you no longer wish to use and agree and acknowledge that a failure to do so will render you liable to continue to treat any transactions executed via NETS Click on such Enabled Device as having been executed by you.
4.2. You acknowledge and agree that your use of NETS Click and the Cards on NETS Click is at all times subject to your compliance with the terms and conditions of the relevant Approved Bank. In the event that your use of NETS Click is in breach of any of the terms and conditions of the relevant Approved Banks, we have the right to suspend or terminate your use of NETS Click in accordance with Clause 13.
4.3. NETS is entitled to send you “push notifications” and SMS notifications (“Notification”) relating to your access to and use of NETS Click 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.
4.4. NETS may at any time change, add or remove any feature or functionality of NETS Click without prior notice. You are deemed to accept such change if you continue to use NETS Click.
4.5. NETS reserves the right to investigate complaints regarding the use of NETS Click, or reported violations of these Terms and Conditions 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.
4.6. NETS is entitled to conduct transaction monitoring for its own use and benefit, in the exercise of its rights under these Terms and Conditions, and for the purposes compliance with applicable law.
4.7. You agree to assist NETS in any and all investigations, including any proceedings or claims in connection with these Terms and Conditions or with respect of any transaction or dealing involving the use of NETS Click, the Merchant App or any product or service in connection to the same.
5. LICENCE TO USE NETS CLICK
5.1. Subject always to your continuing compliance with the terms of these Terms and Conditions, we agree to grant you a non-transferable, non-exclusive license to use the NETS Click application insofar as owned by or licensed through us on your Enabled Device and only for your own personal purposes, on and subject to these Terms and Conditions. All other rights not expressly granted to you are reserved. Some software components used in the NO NETS Click F application may be offered under an open source or other license 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 these Terms and Conditions and those terms.
6. YOUR OBLIGATIONS
6.1. You acknowledge and agree that:
- You will be responsible for carrying out the following, at your own cost:
- obtaining all necessary hardware, software and communications services necessary for your use of NETS Click;
- installing antivirus or other mobile security software to protect against any security or other vulnerabilities which may arise in connection with the use of NETS Click; and
- installing updates and patches in a prompt and timely manner.
- You will be responsible to your mobile service provider for all data charges relating to:
- the download of the Merchant App;
- any upgrades you request in relation to NETS Click; and
- your ongoing access to and use of NETS Click;
- You shall not (and shall not, knowingly or otherwise, authorize, allow or assist any other party to):
- use NETS Click to conduct electronic spamming;
- use NETS Click to perform unlawful or immoral activities;
- use NETS Click to upload content that has viruses, malicious codes, immoral or illegal content;
- modify or adapt the whole or any part of NETS Click or combine or incorporate NETS Click into another other programme or application;
- disassemble, decompile, reverse-engineer or otherwise attempt to derive the source code of NETS Click or any components thereof;
- use NETS Click in any manner that would lead to the infringement of our intellectual property rights or those of any third party;
- use NETS Click in a way that could damage, disable, impair or compromise the NETS Click application or any of NETS’s IT systems (or the systems or security of NETS Click or any other computer systems or devices used in connection therewith) or interfere with other users or affect the reputation of NETS or that of any of the Approved Banks; or
- engage in any other activities deemed inappropriate by NETS;
6.2. You further acknowledge and agree that:
- The NETS and NETS Click trademarks and logos are registered trademarks of NETS, and any other logos, service marks, product names and other proprietary indicia used in NETS Click are the property of either NETS or third party licensors (collectively, the “Trade Marks”);
- The intellectual property rights in and to NETS Click are either owned by NETS or licensed to us by third party licensors;
- other than the license expressly granted by you in these Terms and Conditions, no other rights are granted to you in respect of either the Trade Marks or NETS Click;
- No part or parts of NETS Click 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.
7. LIABILITY FOR TRANSACTIONS; LOSS/THEFT OF ENABLED DEVICE; DISCLOSURE OF DEVICE PASSWORD
7.1. You are solely responsible and liable for any access to and use of NETS Click effected through the use of your Credentials or Enabled Device, notwithstanding that your Credentials or Enabled Device may have been used by any other person without your knowledge, authority or consent. We shall be entitled to effect payment or transfer of monies via NETS Click and we shall not be liable to you for any loss or damage resulting therefrom.
7.2. Without prejudice to the terms and conditions of any Approved Bank:
- you shall monitor your NETS Click account at all times and notify the relevant Approved Bank(s) immediately of any unauthorized transfers or of any matter concerning the same that may invite suspicion;
- you shall examine all entries listed in your transaction history (“Transaction History”) and report any transactions wrongly made or made without authority or inaccurate entries in the Transaction History. You must object to any NETS Click transaction (“Transaction”) by notifying the relevant Approved Bank(s) within 90 days after the entry appears in the Transaction History. If you do not report the Transaction within 90 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 Approved Bank to be an unauthorised transaction and the Approved Bank has informed us of the same, in which case the relevant Approved Bank’s terms and conditions will govern.
7.3. In addition to payments or transfers made via NETS Click, you may also be required to pay the following (where applicable):
- service charges or fees payable in connection with use of NETS Click or transactions made thereunder on your Enabled Device or through the Credentials, including such charges or fees imposed by equipment vendors, software companies, internet or communication services providers or other third parties;
- 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 NETS Click, whether such service or action is referred to or contemplated in these Terms and Conditions or otherwise.
7.4. Should you discover that your Enabled Device is lost or stolen or has been accessed or used in an unauthorised way, you shall notify the relevant Approved Bank of the loss/theft or unauthorised access/use by calling their Customer Service Hotline or notifying them in writing. In addition, where your Enabled Device has been accessed or used in an unauthorised manner, you should, as soon as possible, reset all of your Credentials.
7.5. 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 use Cards on NETS Click.
8. DATA PROTECTION
9. DISCLAIMER OF WARRANTIES AND LIABILTY
9.1. The access to and use of NETS Click is offered to you on an “as available, where available” basis.
9.2. To the maximum extent permitted under applicable law, NETS, the Approved Banks 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 NETS Click except where such loss is attributable to our gross negligence or willful 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:
- any delay, suspension, discontinuance or failure of NETS Click;
- any delay or suspension of your access to or use of NETS Click;
- if use of your Enabled Device should be rejected by a Merchant or if we refuse for any reason to authorise any transaction;
- your inability to effect or complete any transaction due to system maintenance or breakdown/non-availability of NETS Click, network, hardware or software of NETS or third party recipients of your transfer of funds;
- 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;
- use of your Enabled Device and NETS Click by third parties, whether authorized or unauthorized by you;
- theft or loss of your Enabled Device on which NETS Click or Merchant App is installed;
- any malfunction, defect or error in any Merchant App or equipment used to process the transaction or to facilitate the usage of NETS Click, or of other machines or system of authorisation whether belonging to or operated by us or other persons or the inability of any software, machine or system to accurately, properly or promptly transmit, process or store any data;
- any delay or inability on our part to perform any of our obligations under these Terms and Conditions 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;
- any damage to or loss or inability to retrieve any data or information that may be stored in NETS Click or any microchip or circuit or device in your Enabled Device or the corruption of any such data or information, howsoever caused;
- 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 Card, Enabled Device, Merchant App or NETS Click or any inability to use the same;
- any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Card, Enabled Device, Merchant App or NETS Click.;
- (as you acknowledge and understand that use of NETS Click involves the transmission of your personal data and transaction details through third parties which we are unable to control) any liability to you for the performance or the non-performance of obligations to you arising from or dependent on such failed transmission;
- any loss, theft, use or misuse of any Enabled Device, or disclosure of any of the Credentials;
- any failure by us to effect payment due to insufficient available funds in the Card;
- 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.
9.3. NETS and Approved Banks 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 NETS Click.
9.4. You acknowledge and agree that NETS Click 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 NETS Click may be made public on NETS Click Application. Use of NETS Click is entirely at your own risk.
10. ISSUES WITH MERCHANTS
10.1. NETS is not liable in any way for any claim or dispute arising between yourself and any Merchant in relation to the services or products purchased from (or provided by) Merchants or the Merchant Apps using NETS Click, or for any dealings you may have with Approved Banks. You acknowledge that we are not acting as agent for any Merchant or Approved Banks.
10.2. You agree that any complaints, claims, disputes or refunds in relation to services or products purchased from (or provided by) any Merchant shall be resolved between that Merchant and yourself, and NETS shall not be responsible for any refunds made or to be made by the Merchants in respect of a payment in relation to the products or services purchased from (or provided by) the Merchants.
10.3. You agree to release and not hold NETS from any claims in connection with any dealings with the Merchant whether arising from the use of the Merchant App or in any transactions or interactions with the Merchant.
11.1. You shall, to the maximum extent permitted under applicable law, indemnify and hold harmless NETS and the Approved Banks 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 Approved Banks or any third party by reason of (i) any breach or non-compliance by you of these Terms and Conditions or (ii) NETS or the Approved Banks in enforcing any of these Terms and Conditions or preventing any breach thereof.
12. CONCLUSIVE STATEMENTS
12.1. Our records (including electronic, computer and microfilm stored records) of all matters relating to NETS Click, the Card, Enabled Device, 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.
13.1. We may suspend or terminate NETS Click or your use of NETS Click 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 NETS Click, please follow the procedures indicated within the Merchant App to deregister and remove NETS Click. In the event where the Enabled Device is either lost or stolen, please contact your corresponding issuing bank immediately.
13.3. Upon termination of your use of NETS Click in accordance with this Clause 13, you shall immediately cease to use NETS Click and uninstall and delete NETS Click from your Enabled Device. For the avoidance of doubt, we shall be entitled to charge to you (including to your Card) any outstanding charges for all transactions that are carried out before and after the termination of your use of NETS Click.
13.4. You agree and acknowledge that deletion of NETS Click and/or closing NETS Click without providing instructions to us pursuant to clause 13.2 will not terminate your use of NETS Click.
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 NETS Click.
13.6. NETS’ right to suspend or terminate your access to and use of NETS Click shall be without prejudice to any other rights or remedies which NETS may have under these Terms and Conditions and at law.
13.7. You may delete or de-register NETS Click in respect of any particular Merchant App, but you agree that doing so for one Merchant App will not constitute deletion or de-registration of other Merchant Apps, and you agree to remain bound by these Terms and Conditions as they pertain to your continued use of those other Merchant Apps.
14. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT (CAP. 53B)
14.1. A person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of these Terms and Conditions. For the avoidance of doubt, each of the Approved Banks are entitled to the benefit of, and to enforce, all provisions of these Terms and Conditions conferring rights, exemptions or benefits on them.
15. GOVERNING LAW
15.1. These Terms and Conditions 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 and Conditions.
15.2. These Terms and Conditions 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. TERMS REQUIRED BY APPLE
In the event that you obtain NETS Click 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 these Terms and Conditions 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.