NETS for Cardholders Agreement

1. DEFINITIONS
2. RELATIONSHIP
3. LIABILITY OF NETS AND THE SAFEGUARDING INSTITUTIONS
4. NETS CARD TRANSACTIONS
5. LIMITS ON E-MONEY STORED IN, AND TRANSACTIONS MADE WITH, NETS CARDS
6. CARE AND USE OF NETS CARD; LOSS OR THEFT OF NETS CARD
7. DETERMINATION OF AMOUNT OF E-MONEY
8. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS
9. DISCLAIMERS AND EXEMPTIONS
10. INDEMNITY
11. DATA
12. TERMINATION
13. NOTICES
14. VARIATION
15. ASSIGNMENT
16. SEVERABILITY
17. WAIVER / CUMULATIVE RIGHTS
18. ELECTRONIC RECORDS
19. GOVERNING LAW AND DISPUTE RESOLUTION
20. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 2001
21. ENTIRE AGREEMENT
22. INTERLLECTUAL PROPERTY RIGHTS
23. COPYRIGHT SAFE HARBOUR
24.VIOLATIONS OF THIS AGREEMENT
25. FORCE MAJEURE
26. TRANSLATIONS

ANNEXES AND SCHEDULES

Annex 1 – Terms and Conditions relating to the NETS CashCard

Annex 2 – Terms and Conditions relating to the NETS vCashCard

Annex 3 – Terms and Conditions relating to the NETS Prepaid Card

Annex 4 – Terms and Conditions relating to the NETS FlashPay Card

Annex 5 – Terms and Conditions relating to the NETS FlashPay Auto Top Up Facility

STANDARD TERMS AND CONDITIONS

Please read this Agreement carefully. By applying for or using any of NETS’ products or services described in the Annexes below or otherwise contemplated under this Agreement (“NETS Product/Service“), you agree that you have read, understood and accepted the terms of this Agreement (which, for the avoidance of doubt, include these Standard Terms and Conditions, and all applicable Annexes, Schedules and Appendices set out below). This Agreement forms a legally binding agreement between you and NETS (“Agreement“) and applies to your use of any NETS Product/Service. If you do not agree to the terms of this Agreement, you should immediately cease any further use of all NETS Products/Services.

In the event of any conflict or inconsistency between provisions in the following parts of this Agreement, the provisions in these documents shall take precedence in the following order, but only to the extent of such conflict or inconsistency:

Schedules and Appendices;
Annexes; and
Standard Terms and Conditions.

1. DEFINITIONS

1.1. In this Agreement, unless the context otherwise requires, the following expressions shall have the respective meanings set out against them:

“Act”	means the Payment Services Act 2019 (including any amendments and supplements thereto from time to time).
“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.
“Block”	has the meaning ascribed to it at Clause 5.3 of these Standard Terms and Conditions.
“Claim”	means any claim, action, application, demand, proceeding, threat or any other analogous claim.
“Customer Service Points”	means the points designated by NETS for the top-ups or refunds of NETS Cards and provision of other services as may from time to time be determined by NETS in its sole discretion.
“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.
“E-Money”	refers to the “e-money” (as defined under section 2 of the Act) which is paid for in advance and stored in a NETS Card or the residual value remaining therein from time to time, which may be used by a NETS Cardholder for any Transaction.
“Flow Cap”	has the meaning ascribed to it at Clause 5.2 of these Standard Terms and Conditions.
“Goods and Services”	means goods and/or services offered by a Service Provider to a NETS Cardholder.
“GST”	means goods and services tax under the Goods and Services Tax Act 1993.
“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).
“Indemnified NETS Persons”	NETS and its related corporations (as defined in section 6 of the Companies Act 1967), as well as their officers, directors, employees, agents, contractors and affiliates.
“Insolvency Event”	in relation to a person, refers to any of the following: (a) the person is deemed by any Applicable Law to be bankrupt, insolvent or unable to pay its debts, admits it is bankrupt, insolvent or unable to pay its debts, or becomes or is declared bankrupt, insolvent or unable to pay its debts; (b) the person is the subject of any actual, threatened or proposed corporate action, proceedings, or other procedure or step, relating to: (i) its bankruptcy or insolvency, including but not limited to liquidation, provisional liquidation, winding up, receivership, judicial management, administration, administrative receivership, moratorium, scheme of arrangement, reorganization, controlled management, or dissolution; (ii) the enforcement of any security over its property, or the repossession of any goods held by it under any chattels leasing agreement, hire purchase agreement or retention of title agreement; and/or (iii) the enforcement of any right of re-entry or forfeiture under any of its leases; (c) the person makes, or intends or proposes to make, an assignment for the benefit of a substantial portion of its creditors or class of its creditors; (d) the person enters, or intends or proposes to enter, into any discussions, negotiations or agreement with one or more of its creditors with a view to the compromise, settlement, composition, extension, readjustment or rescheduling of a substantial portion of its obligations or a class of its obligations; (e) the person suspends, or intends or proposes to suspend, the making of payments relating to a substantial portion of its indebtedness or class of its indebtedness; and/or (f) any event or proceeding that is equivalent or analogous to any of the foregoing under the laws in any jurisdiction applicable to the person.
“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.
“Lock”	has the meaning ascribed to it at Clause 6.7 of these Standard Terms and Conditions.
“Locked NETS Card”	has the meaning ascribed to it at Clause 6.7 of these Standard Terms and Conditions.
“Loss”	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.
“Malfunction”	has the meaning ascribed to it at Clause 9.1(d) of these Standard Terms and Conditions.
“MAS”	means the Monetary Authority of Singapore.
“NETS” or “we” or “our” or “us”	means Network for Electronic Transfers (Singapore) Pte. Ltd., a company incorporated in the Republic of Singapore and having its registered office at 351 Braddell Road #01-03 Singapore 579713, and its successor-in-title.
“NETS App”	means the application for mobile devices offered by NETS from time to time that can be downloaded by a NETS Cardholder to manage the value, functions and features of supported NETS Cards via a mobile device, which is also known as the NETS App (2021).
“NETS App T&Cs”	means the terms and conditions that govern the NETS Cardholders’ access to and/or use of the NETS App, which may be accessed at (https://www.nets.com.sg/terms-conditions/) or via such other means as NETS may designate from time to time.
“NETS Card”	means a valid E-Money facility (in both physical or virtual form) operated and managed by NETS, which is issued by NETS in Singapore under NETS’ brand name, trademark and/or logo, and includes, but is not limited, to the NETS vCashCard, NETS CashCard, NETS Prepaid Card, and the NETS FlashPay.
“NETS Cardholder” or “you” or “your”	means the holder of a valid NETS Card, but excludes persons who are appointed or authorised to sell the cards, effect top-ups or refunds, or replace the cards.
“NETS Card Services”	means the services provided by the Safeguarding Institutions and/or NETS from time to time through or in respect of the NETS Cards, including but not limited to the transfer of funds between the NETS Cards and the NETS Cardholder’s bank account held with any of the Safeguarding Institutions.
“NETS Card Liability Cap”	means: (a) in respect of each CashCard, vCashCard and NETS FlashPay, S$500; and (b) in respect of each NETS Prepaid Card, S$1,000.
“NETS Product/Service”	has the meaning ascribed to it in the preamble.
“NETS System”	means the computerised systems owned, operated and managed by NETS whereby, inter alia, Transactions may be effected by NETS Cardholders using NETS Cards.
“Paired Card”	means any NETS Card linked with the NETS App on any of the NETS App’s user’s compatible mobile communications or other device successfully registered by the NETS App’s user for use in connection with the NETS App.
“PDPC”	means the Personal Data Protection Commission of Singapore.
“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.
“Relevant Money”	has the meaning ascribed to it at Clause 3.3 of these Standard Terms and Conditions.
“Revised Agreement”	has the meaning ascribed to it at Clause 14.1 of these Standard Terms and Conditions.
“Safeguarding Institutions”	means DBS Bank Ltd, Oversea-Chinese Banking Corporation Limited and United Overseas Bank Limited collectively and their respective successor(s)-in-title.
“Service Providers”	means such merchants or service providers as designated by NETS from time to time which accept payment for any Goods and Services via the NETS Cards, as determined by NETS.
“Standard Terms and Conditions”	means the provisions under the “Standard Terms and Conditions” portion of this Agreement, excluding any Annexes, Schedules and Appendices.
“Transaction”	means payments effected via a NETS Card by a NETS Cardholder to a Service Provider for Goods and Services.

1.2. In this Agreement, a reference to:

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 this Agreement; and
2. any subsidiary legislation or regulations made from time to time under that statute or statutory provision;
any agreement or document including this Agreement 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;
“Clauses”, “Appendices”, “Annexes” and “Schedules” are unless indicated otherwise references to the clauses, appendices, annexes and schedules to this Agreement;
in these Standard Terms and Conditions, references to “Clauses”, “Annexes”, “Schedules” and “Appendices” are to be construed as references to the clauses of, annexes to, and schedules and appendices to these Standard Terms and Conditions. In the relevant Annex and/or Appendix, references to “Clauses” and “Schedules” are to be construed as references to the clauses of, and schedules to, the relevant Annex and/or Appendix;
“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;
“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;
“day”, “month” or “year” is a reference to a day, month or year respectively in the Gregorian calendar;
a “right” includes a benefit, remedy, discretion, authority or power;
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
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.

1.3. Unless the context otherwise requires:

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
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.

1.4. Clause headings are inserted for convenience of reference only and shall not affect the interpretation or construction of this Agreement.

1.5. References to “S$” are to Singapore Dollars.

1.6. All references to any exercise of discretion or judgment by NETS, the making of a determination or designation by NETS, the application of NETS’ discretion or opinion, the granting or withholding of NETS’ consent or approval, the consideration by NETS of whether any matter or thing is satisfactory or acceptable, or as to its quality, or any decision to be made on NETS’ part, shall be at NETS’ sole and absolute opinion and discretion, and shall be final and conclusive and binding on the NETS Cardholder.

2. RELATIONSHIP

2.1. NETS owns, operates and manages the NETS System, and issues NETS Cards to NETS Cardholders.

2.2. NETS is a licensed major payment institution under the Act and holds the E-Money in accordance with this Agreement, and is accordingly liable to each NETS Cardholder for the amount of such E-Money in accordance with this Agreement.

2.3. For the avoidance of doubt, none of the Safeguarding Institutions (a) own, operate and/or manage the NETS System, (b) are issuers of any NETS Card, and/or (c) are licensed major payment institutions under the Act. None of the Safeguarding Institutions have any direct contractual relationship with any NETS Cardholder in connection with any NETS Card. However, as set out in Clause 3 below, the Safeguarding Institutions are also liable to the NETS Cardholder for any Relevant Money of such NETS Cardholder which is held by NETS.

2.4. For avoidance of doubt, and without prejudice to the generality of Clause 3 of these Standard Terms and Conditions, NETS is not an agent of (nor is it liable for) the Service Providers. The NETS Cardholder agrees that he/she will not attempt to hold NETS responsible in any way in connection with any Losses he/she may suffer or any claim he/she may have in relation to the supply of Goods and Services by the Service Providers. NETS is not liable in any way for any claim or dispute arising between the NETS Cardholder and any Service Provider in relation to the Goods and Services as supplied by the Service Providers. NETS is also not responsible for any benefits, discounts or programmes of the Service Providers, nor delivery of the Goods and Services provided by the Service Providers and NETS makes no representation as to the quality, merchantability, fitness for purpose or provision or performance of any of them.

2.5. The NETS Cardholder agrees that any complaints, claims, disputes or refunds in relation to the Goods and Services supplied by the Service Providers or anything in connection with them: (a) shall be resolved between the NETS Cardholder and the Service Providers, and (b) NETS shall not be responsible in any way for the resolution of the same including but not limited to effecting any refunds in respect of any Transaction.

3. LIABILITY OF NETS AND THE SAFEGUARDING INSTITUTIONS

3.1. Subject to the terms of this Agreement, NETS (as a licensed major payment institution under the Act) is only liable to a NETS Cardholder in respect of the amount of the E-Money.

3.2. All Relevant Money belonging to a NETS Cardholder will be safeguarded by an undertaking from the Safeguarding Institutions to be fully liable to the NETS Cardholder for the Relevant Money. The NETS Cardholder agrees that he/she will not receive interest or other earnings on any Relevant Money and in entering into this Agreement the NETS Cardholder agrees that he/she has waived any and all entitlement to such interest.

3.3. “Relevant Money” means any money received by NETS from or on account of a NETS Cardholder for purposes of topping up the NETS Cardholder’s NETS Card and that is held by NETS, but excludes any money:

paid to NETS to reduce the amount owed by that Cardholder to NETS;
repaid by NETS to that Cardholder;
paid to NETS or which NETS has informed that NETS Cardholder will be used, to defray any fee or charge imposed by NETS for providing the NETS Card Services to that NETS Cardholder;
paid to and received by a recipient in accordance with instructions provided by that NETS Cardholder to NETS; and/or
paid to any other person that is entitled to the money.

4. NETS CARD TRANSACTIONS

4.1. The NETS Cards shall be used as a means of effecting Transactions. The amount of E-Money in any NETS Card shall be reduced by the relevant Transaction amount(s), and any associated deductions made in connection with such Transactions.

4.2. Notwithstanding the above, NETS or any Service Provider may reject the use of any NETS Card for effecting any Transaction, and/or NETS may terminate any NETS Card, if:

the NETS Card is suspected to (i) have been lost, stolen, or used by a person who has not been authorised by the NETS Cardholder, (ii) be a counterfeit physical NETS Card, and/or (iii) have been fraudulently or illegally issued or revalued, or otherwise tampered with in any way;
(where the NETS Card has an expiry date) the NETS Card has expired;
the amount of E-Money stored in the NETS Card is insufficient;
there is any breakdown in the NETS System and/or NETS App or part thereof which prevents a Service Provider from accepting or processing the NETS Card as a means of effecting any Transaction;
NETS determines, in its sole and absolute discretion, that the use of the NETS Card poses a risk to the NETS System and/or NETS App; and/or
NETS and/or the Safeguarding Institutions determine that the E-Money in the NETS Card is incorrectly or erroneously stated or reflected in the NETS Card or any records as having a higher or other value than its actual value due to any defect, damage, error or failure of, or programming in relation to, the NETS System and/or NETS App (including without limitation, in either/both case(s), any data processing system or the network system) or for any reason.

4.3. NETS, the Safeguarding Institutions and/or the Service Providers shall not be liable for any Losses suffered, if any, by the NETS Cardholder as a result of Clause 4.2 above.

4.4. The NETS Cardholder agrees and acknowledges that withdrawals of cash from any NETS Card are prohibited.

5. LIMITS ON E-MONEY STORED IN, AND TRANSACTIONS MADE WITH, NETS CARDS

5.1. Except as permitted by NETS in limited circumstances set out or published by NETS, the maximum aggregate amount of E-Money that may be stored in all NETS Cards and any other E-Money facilities which are issued and linked to a NETS Cardholder’s unique identifier (including those which are linked to a NETS Cardholder’s User Account (as defined in the NETS App T&Cs), and managed by the NETS Cardholder’s NETS App) is S$1,000.

5.2. Each of (a) the maximum aggregate amount of all Transactions that may be made from all NETS Cards and any other E-Money facilities which are issued and linked to a NETS Cardholder’s unique identifier (including those which are linked to a NETS Cardholder’s User Account (as defined in the NETS App T&Cs), and managed by the NETS Cardholder’s NETS App); and (b) the maximum aggregate amount of all Transactions that may be made from any single NETS Card, shall not exceed the sum of S$28,000.00 in any twelve (12) months’ rolling period (“Flow Cap“). Where a Transaction made from a NETS Card in the preceding twelve (12) months causes the Flow Cap to be exceeded, NETS shall have the right to take any action as it deems fit in its sole and absolute discretion, without further reference to the NETS Cardholder, which includes immediately terminating the NETS Card or Blocking the NETS Card (as described at clause 5.3 below).

5.3. The NETS Cardholder acknowledges and agrees that NETS shall have the right, at its sole and absolute discretion, to “Block” a NETS Card at any time, such that the NETS Card becomes unusable. Where a NETS Card becomes Blocked, NETS undertakes no liability of any kind, nor will the NETS Cardholder hold NETS liable in any way as to the inability to use the Blocked NETS Card for any Transaction. A Blocked NETS Card may be re-activated at the discretion of NETS, after which, subject to such time as NETS may notify, the NETS Card may then resume the functionality of NETS Cards as may be applicable at the time of the re-activation.

6. CARE AND USE OF NETS CARD; LOSS OR THEFT OF NETS CARD

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

6.2. The NETS Cardholder acknowledge that a NETS Card is and remains at all times the property of NETS and shall, to the extent applicable:

exercise all due care and diligence in the custody, care and use of the NETS Card;
not tamper or allow anyone to tamper with the NETS Card or the account associated with such card;
not permit the NETS Card to be used in any unauthorised manner;
not intentionally deface or damage physical NETS Cards;
not affix, print or attach anything or matter onto physical NETS Cards or otherwise alter, remove or replace any notice, logo or design on the cards; and
comply with all Applicable Laws in respect of his/her use of the NETS Card.

6.3. Further to clause 6.2(e) above, except as permitted by NETS, any attempt to affix, print or attach anything or matter onto a physical NETS Card or otherwise alter, remove or replace any notice, logo or design on a physical NETS Card will result in damages that NETS may seek against the NETS Cardholder. NETS and the Safeguarding Institutions may, in their sole discretion, refuse any request from a NETS Cardholder to top up or refund any NETS Card if the physical card has been defaced in the aforesaid manner.

6.4. If a NETS Card is wilfully damaged, lost or stolen or if the NETS Cardholder is in breach of Clause 6.2 hereof, the NETS Cardholder shall not be entitled to any refund whatsoever but NETS shall be entitled to make deductions from the E-Money stored in the NETS Card for Transactions effected through the NETS Card. NETS and the Safeguarding Institutions are not liable for any Losses incurred from the loss or theft of a NETS Card and have no obligation whatsoever to prevent the use of a lost or stolen NETS Card by any person other than a NETS Cardholder.

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

6.6. Notwithstanding anything in this Agreement, the onus is on the NETS Cardholder at all times to safeguard his/her NETS Card and ensure that it is not used by any unauthorised person. Neither NETS nor any of the Safeguarding Institutions or Service Providers is under any obligation to determine whether any NETS Card is used by an unauthorised person. Each of NETS, the Safeguarding Institutions and the Service Providers shall be entitled to treat any person for the time being in control of any NETS Card as the rightful holder of the NETS Card and entitled to all rights and privileges granted to a NETS Cardholder in respect of the NETS Card including all rights to refund of the E-Money thereof, and shall not in any way be liable for any Losses or prejudice suffered by any person including the rightful holder of the NETS Card with respect to any Transaction effected through the stolen or lost NETS Card, to the extent permitted by Applicable Laws (including but not limited to the MAS Guidelines for E-Payments User Protection).

6.7. In the event that any NETS Card is lost, the NETS Cardholder shall promptly “Lock” the NETS Card through the NETS App if it is a Paired Card, in which case such NETS Card shall become a “Locked NETS Card“. While Locked NETS Cards may be topped up, they may not be used for Transactions until and unless they are unlocked by the NETS Cardholder through the NETS App to re-activate the relevant NETS Card.

6.8. The NETS Cardholder shall notify NETS immediately of any unauthorised Transactions concerning his/her NETS Card, by calling the NETS hotline or by making such report to NETS in-person at the NETS Customer Service Centre, or via such other phone number or address or means as NETS may designate for this purpose from time to time.

7. DETERMINATION OF AMOUNT OF E-MONEY

7.1. For the purpose of determining the amount of E-Money stored in any NETS Card, the amount of the E-Money as determined by NETS from either the value recorded in the NETS Card or the central records of NETS shall, save for manifest error, be deemed conclusive and binding against the NETS Cardholder.

7.2. Without prejudice to the generality of Clause 7.1 above, where the NETS Cardholder receives a refund of the E-Money stored in his/her NETS Card, he/she shall, upon receipt of any refund, be deemed to have accepted the amount thereof as entirely correct and conclusive, and agrees to discharge each of NETS, the Safeguarding Institutions and their officers, employees and agents from liability for any Loss.

8. REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS

8.1. The NETS Cardholder hereby makes the following representations, warranties and undertakings to NETS, which shall continue in full force and effect for so long as he/she continues to use any NETS Product/Service:

the NETS Cardholder has the legal capacity to execute, deliver or perform his/her obligations under this Agreement and to enter into any other documents hereunder;
all actions, conditions and things required to be taken, fulfilled and done, in order to: (i) enable the NETS Cardholder to lawfully enter into, exercise the NETS Cardholder’s rights and perform and comply with the NETS Cardholder’s obligations under, this Agreement, and (ii) ensure that those obligations are valid, legally binding and enforceable, have been taken, fulfilled and done;
the NETS Cardholder agrees and understands that the NETS Cardholder’s obligations under this Agreement are valid, binding and enforceable;
the NETS Cardholder undertakes to pay all costs, fees and expenses payable by him/her in connection with his/her NETS Cards and/or NETS Card Services;
no Insolvency Event has occurred in respect of the NETS Cardholder;
the entry into, and exercise of the NETS Cardholder’s rights and/or performance of or compliance with the NETS Cardholder’s obligations under this Agreement does not and will not violate any agreement to which the NETS Cardholder is a party or which is binding on the NETS Cardholder;
any information provided by the NETS Cardholder from time to time to NETS is accurate, true, complete, up-to-date and not misleading, and the NETS Cardholder shall further undertake to update NETS of any changes as soon as practicable. NETS is entitled to and shall rely fully and act on all such information and representations without verifying such information, and without any further inquiry or investigation unless otherwise notified by the NETS Cardholder of any changes with prior written notice;
provide any information or documents requested by NETS, including, where desirable or where required for the purposes of complying with Applicable Laws or pursuant to any order, direction, or request by any Governmental Authority; and
the NETS Cardholder’s use of his/her NETS Cards complies with all Applicable Laws.

9. DISCLAIMERS AND EXEMPTIONS

9.1. Notwithstanding anything to the contrary contained herein and to the fullest extent permitted by Applicable Laws, NETS, the Safeguarding Institutions and their respective officers, employees, contractors or agents shall not be liable in any way to the NETS Cardholder for any Losses that the NETS Cardholder may incur or suffer in connection with or arising from:

the issue or use of any NETS Card;
any delay, suspension, discontinuance or failure in the issuance of any NETS Card or the NETS App;
any delay or suspension in the refund of the E-Money in any NETS Card;
any period when the processing of the use of any NETS Card for Transactions is unavailable due to any disruption, defect, damage, breakdown in or failure (collectively, “Malfunction”) of the NETS Card, NETS App, terminals designated for Transactions and/or the NETS System (including any data processing system or the network system) whether or not due to anything beyond the control of any of the foregoing persons;
any delay or any inability to use any NETS Card for any reason whatsoever, including but not limited to the unavailability due to the Malfunction of the NETS Card, NETS App, terminals designated for Transactions and/or the NETS System;
a NETS Card being rejected by the terminals designated for Transactions and/or NETS System for whatever reason;
any inability to retrieve any data or information associated with any NETS Card; or
any delay or inability to perform any of NETS’ obligations due directly or indirectly to the Malfunction of any machine or communication system, industrial dispute, war, act of god, or anything outside the control of NETS and/or the Safeguarding Institutions,

provided that the same is not caused by the gross negligence or wilful default of NETS and/or the Safeguarding Institutions.

9.2. Notwithstanding anything to the contrary contained herein, the maximum liability of NETS and the Safeguarding Institutions (whether jointly or severally) to the NETS Cardholder, apart from their respective liabilities described in Clause 3 above, shall not exceed (a) the relevant NETS Card Liability Cap in respect of each NETS Card that is not a Paired Card, and (b) in aggregate, the amount of S$1,000 in respect of all of the NETS Cardholder’s NETS Cards that are Paired Cards.

9.3. Unless (and to the extent) expressly stated in this Agreement, all other representations, warranties, conditions or terms relating to fitness for purpose, quality or condition of any NETS Card, the NETS App, and the NETS System, whether express or implied by statute or common law or otherwise, are excluded to the fullest extent permitted by Applicable Laws.

10. INDEMNITIES

10.1. To the maximum extent permitted under Applicable Law, the NETS Cardholder hereby unconditionally and irrevocably agrees and undertakes to fully indemnify, defend and keep the Indemnified NETS Persons and the Safeguarding Institutions harmless 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 the Indemnified NETS Persons or the Safeguarding Institutions out of or in connection with:

any act or omission by you;
any breach by you of any one or more provisions, undertakings, obligations, representations and/or warranties set out in this Agreement and/or any other terms of any other agreements and terms and conditions incorporated herein by reference or which are applicable to you;
enforcement of and protection of NETS’ 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 this Agreement 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 NETS, our related corporations, and/or the Safeguarding Institutions;
any contravention of Applicable Law(s) by you;
NETS 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 the NETS Cardholder’s 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 NETS believed in good faith that the instructions or information were given in excess of the powers vested in you or where NETS believed that NETS so acting would result in a breach of any duty imposed on NETS;
any information (whether personal data or otherwise), records or other material provided by you to NETS that are false, misleading or incomplete and/or subsequently became false, misleading or incomplete;
any failure by you to pay or repay to NETS on demand any sum due to us (including all interest accrued thereon);
any disclosure of any information (whether personal data or otherwise) which you consented to NETS and/or any of our personnel disclosing;
NETS using any system or means of communication or transmission in carrying out the NETS Cardholder’s instructions which results in the loss, delay, distortion or duplication of such instructions;
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);
any lost, stolen or mislaid credential in relation to the NETS Card, the NETS Cardholder’s User Account (as defined in the NETS App T&Cs), and any re-issuance or replacement of the same by NETS (as applicable);
the NETS Cardholder’s access to, use of and/or reliance on the NETS Card and/or the NETS Cardholder’s User Account (as defined in the NETS App T&Cs);
the NETS Cardholder’s negligence, default or misconduct; and/or
any other breach or non-compliance by the NETS Cardholder of this Agreement or by NETS or the Safeguarding Institutions in enforcing any of the terms in this Agreement or preventing any breach thereof.

11. DATA PROTECTION

11.1. The NETS Cardholder hereby expressly consents to NETS collecting, using, and disclosing the NETS Cardholder’s personal data, including without limitation disclosing such personal data to NETS’ authorised service providers and relevant third parties (including without limitation the Service Providers and the Safeguarding Institutions) subject to the terms of the Data Protection Policy (which is hereby incorporated by reference in this Agreement) and for any and all purposes:

described or contemplated by this Agreement;
reasonably required by NETS to facilitate Transactions and the provision of the NETS Products/Services;
set out in Data Protection Policy which the NETS Cardholder confirms they have read, understood and consent to; and
notified to the NETS Cardholder from time to time, including without limitation in relation to particular products, services, or interactions.

11.2. The NETS Cardholder further agrees that where permitted under Applicable Law, NETS may also collect, use, and disclose the NETS Cardholder’s Personal Data for providing or marketing services, product, and benefits to the NETS Cardholder, including without limitation promotions, loyalty and reward programmes, joint marketing, and/or cross-promotions with third parties.

11.3. If the Personal Data relating to any third party individual is disclosed to NETS at the NETS Cardholder’s request or by or through the NETS Cardholder, the NETS Cardholder represents, warrants, and undertakes 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 NETS for the purposes set out in Clause 11.2 above and that such consents are not withdrawn.

11.4. If the NETS Cardholder has provided their Singapore telephone number to NETS and indicated that they consent to receiving marketing or promotional information via their Singapore telephone number, the NETS Cardholder agrees that NETS may, from time to time, contact the NETS Cardholder using such Singapore telephone numbers (including via voice calls, text, fax, and other means) with information about NETS Products/Services (including without limitation discounts and special offers).

11.5. The NETS Cardholder hereby expressly and irrevocably agrees, consents to, permits, and authorises, NETS in respect of the transfer, collection, use, disclosure, divulging, or revealing at any time in any manner and under such circumstances as NETS deems necessary or expedient in its sole and absolute discretion without providing any reason and without prior reference to the NETS Cardholder of any information (whether personal data or otherwise) whatsoever relating to the NETS Cardholder, any NETS Products/Services, Transactions, E-Money, NETS Cards, source of funds, and/or any other matters arising under this Agreement, to and between any person (including without limitation the issuer of the Cardholder’s sources of funds, the Service Providers, Safeguarding Institutions, and any Governmental Authority) at any time and from time to time, for any purpose that NETS deems appropriate, necessary, or desirable, including without limitation for the purposes of:

providing regulatory submissions to, or responding to any instructions and/or directions given by, any Governmental Authority;
assessing the NETS Cardholder’s financial situation or investigating any claim or dispute arising out of this Agreement or in connection with the Transactions; and/or
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.

11.6. NETS’ authority to transfer, collect, use, disclose, divulge, or reveal information (whether personal data or otherwise) as contemplated under this Clause 11, and the NETS Cardholder’s consent therefor, shall survive any suspension of rights hereunder and/or the termination of this Agreement.

11.7. Notwithstanding anything in this Agreement, the NETS Cardholder agrees and acknowledges that:

NETS 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 the NETS Cardholder to NETS through any means and NETS shall not be responsible or liable for any Loss for any such access and/or disclosure whatsoever; and
without limiting the generally of the foregoing sub-paragraph (a), the NETS Cardholder expressly and irrevocably agrees, consents to, permits, and authorises, disclosure contemplated under this Agreement for the purposes of any other disclosure required under Applicable Law.

12. TERMINATION

12.1. NETS reserves the right to, in its sole and absolute discretion, and without providing prior notice to the NETS Cardholder, terminate this Agreement and/or its provision of any NETS Product/Service to the NETS Cardholder with immediate effect. Such termination shall be subject to the NETS Cardholder’s right to a refund of the stored E-Money from NETS and/or the Safeguarding Institutions, in respect of his/her terminated NETS Card(s) and in accordance with this Agreement.

12.2. NETS shall not be liable for any Losses that a NETS Cardholder may incur or suffer in connection with the termination of NETS’ provision of any NETS Product/Service to the NETS Cardholder.

12.3. All disclaimers, indemnities and exclusions in this Agreement shall survive the termination of this Agreement and/or NETS’ provision of any NETS Product/Service to the NETS Cardholder.

13. NOTICES

13.1. All notices, demands or other communications by NETS in connection with this Agreement shall be in writing and will be (a) published on its website (https://www.nets.com.sg/), the NETS App and/or such other websites or locations that NETS may determine at its discretion; and/or (b) sent by short messaging service or email to the respective contact number or email address of the NETS Cardholder in NETS’ records (if any).

13.2. Where a communication is published in the manner described at Clause 13.1(a) above, it shall be effective immediately.

13.3. Where a communication is sent to the contact number or email address of a NETS Cardholder in the manner described at Clause 13.1(b) above, it shall be deemed to have been served at the time of communication / transmission of the message or email.

14. VARIATION

14.1. NETS may amend, supplement or replace, any terms and conditions of this Agreement at any time at its sole and absolute discretion. NETS will provide notice of such changes by posting the amended, supplemented or replacement Agreement (“Revised Agreement“) on its website, or by notifying the NETS Cardholder in accordance with Clause 13 of these Standard Terms and Conditions or by such other means as NETS may, in its sole and absolute discretion, deem fit. The Revised Agreement shall take effect from such date as NETS shall stipulate or in the absence of express stipulation immediately upon notice being given, without the need for any further consent or agreement by any NETS Cardholder. The NETS Cardholder acknowledges and agrees that he/she is responsible for reviewing the terms of the Agreement as posted on NETS’ website regularly, and his/her continued use of any NETS Product/Service after the effective date of any Revised Agreement shall constitute his/her agreement to be bound by such Revised Agreement.

15. ASSIGNMENT

15.1. This Agreement shall be binding upon the parties hereto and their respective successors and assigns and legal representatives and shall not be construed so as to confer any benefit upon any other person except as expressly provided herein.

15.2. The NETS Cardholder shall not assign or novate this Agreement. Any attempted assignment by the NETS Cardholder shall be void and NETS shall have the right, at its election and without prejudice to other rights and remedies as provided in this Agreement or at law or in equity to terminate this Agreement.

15.3. NETS may assign, transfer, novate, sub-contract or otherwise deal with all or part of the NETS Cardholders’ rights and obligations under this Agreement at NETS’ sole and absolute discretion, and any such assignment, transfer, novation, sub-contract or other dealing shall not release the NETS Cardholder from liability under this Agreement. The NETS Cardholder hereby agrees to execute any document NETS’ may require to give effect to such assignment, novation or transfer.

16.SEVERABILITY

16.1. If any provision herein is deemed by any tribunal or court of competent jurisdiction to be illegal, invalid or unenforceable under any Applicable Laws or otherwise, it shall, to the extent required by such law and subject to the agreement of NETS, be severed from this Agreement and rendered ineffective so far as is possible without affecting the legality, validity and enforceability of the remaining provisions of this Agreement.

17. WAIVER / CUMULATIVE RIGHTS

17.1. Any failure or delay by the NETS Cardholder or NETS in exercising or enforcing any right or remedy contained in this Agreement does not constitute a waiver by the party responsible for such delay or failure. It shall also not constitute a bar to the exercise or enforcement at any subsequent time or times. No right under this Agreement shall be deemed to have been waived except in writing signed by the parties hereto and waiver of any particular right in a particular instance shall not constitute or be deemed a waiver of any other right.

17.2. NETS may grant time or other indulgence to the NETS Cardholder or any other person, without impairing or affecting in any way any of NETS’ rights as against the NETS Cardholder or any such other persons.

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

18. ELECTRONIC RECORDS

18.1. NETS’ records (including computer and microfilm stored records or any other electronic records stored by NETS) of all matters relating to the NETS Cardholder, any Transactions on the NETS Cards and/or any services provided to the NETS Cardholder are conclusive evidence of such matters and are binding against the NETS Cardholder for all purposes, save for manifest or clerical error, subject to NETS’ right to rectify any error or omission therein and NETS’ right to adduce other evidence. The NETS Cardholder hereby agrees not to at any time dispute the authenticity or accuracy of any computer output relied upon by NETS for any purpose whatsoever.

18.2. The NETS Cardholder acknowledges and agrees that NETS shall be entitled to destroy or dispose of all registers, statements and other records and documents relating to the NETS Cards: (a) where permitted under Applicable Laws; and/or (b) at any time after the expiration of any applicable period of retention required by Applicable Laws. To the maximum extent permitted under Applicable Laws, NETS shall not be liable in any way for such destruction or disposal.

19. GOVERNING LAW AND DISPUTE RESOLUTION

19.1. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Singapore. The NETS Cardholder hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Singapore for all purposes in relation to this Agreement.

19.2. This Agreement 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.

20. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT 2001

20.1. A person who is not a party to these Standard Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any term of this Agreement. For the avoidance of doubt, each of the Indemnified NETS Persons and the Safeguarding Institutions are entitled to the benefit of, and to enforce, all provisions of this Agreement conferring rights, exemptions or benefits on them.

21. ENTIRE AGREEMENT

21.1. This Agreement shall constitute the entire agreement between the parties in relation to the matters dealt with herein and supersedes all prior oral or written communications or agreements between the parties.

22. INTERLLECTUAL PROPERTY RIGHTS

22.1. Any and all IPR in any NETS Product/Service (including without limitation all works, content, software, information, materials, documents, policies, data, descriptions, names, logos, graphics, images, text, and/or the “look and feel” of each NETS Product/Service) as well as any and all IPR related thereto (collectively “NETS IPR“) are owned by us or relevant third parties, and you shall not have any right, title, or interest in such IPR. Any goodwill and/or custom arising from any use of any NETS Product/Service shall enure solely to us. Use of NETS IPR for any purpose not expressly permitted under this Agreement is strictly prohibited. NETS IPR may not be downloaded, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our (or where applicable, our licensor’s) prior written consent. We and the relevant third parties reserve all rights not expressly granted to you.

22.2. Without prejudice to the generality of the foregoing, the “NETS” trade mark and trade marks and/or logos associated with any NETS Product/Service are owned by us or third party licensors. Nothing in this Agreement confers on you any right(s) to use “NETS” 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 any of the NETS Product/Service, 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.

22.3. You agree and acknowledge that we may generate revenues, increase goodwill or otherwise increase our value from your use of any NETS Product/Service, 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 this Agreement 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.

22.4. Some aspects of a NETS Product/Service may include software or other material offered under third-party licence(s) as we may notify you of, in which case your use of such NETS Product/Service shall be governed by such third-party terms, in addition to this Agreement.

22.5. You agree and acknowledge that when you view content available on or through any NETS Product/Service, you are doing so at your own risk. We make no representations, warranties or guarantees, whether express or implied, that any NETS IPR is/are accurate, complete or up to date.

22.6. 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.

23. COPYRIGHT SAFE HARBOUR

23.1. 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.

24.VIOLATIONS OF THIS AGREEMENT

24.1. NETS reserve the right to investigate complaints relating to the use of the NETS Product/Service and/or reported violations of this Agreement. NETS 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.

25. FORCE MAJEURE

25.1. NETS 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 Product/Service 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.

26. TRANSLATIONS

26.1. This Agreement 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

ANNEX 1: TERMS AND CONDITIONS RELATING TO THE NETS CASHCARD

1. APPLICATION OF THESE TERMS

1.1. The terms and conditions in this Annex 1 (“NCC Terms“) apply to and govern the NETS Cardholder’s use of any NETS CashCard, in addition to the Standard Terms and Conditions, each as may be amended, modified or supplemented from time to time.

1.2. Unless defined otherwise in these NCC Terms, all capitalised words and expressions herein shall have the same meaning as ascribed to them under the Standard Terms and Conditions.

1.3. For purposes of these NCC Terms, unless the context otherwise requires, the following expressions shall have the respective meanings set out against them:

“Automated Teller Machine”	means any automated teller machine installed by any of the Safeguarding Institutions for the top up of a NETS CashCard.
“NCC Terms”	has the meaning ascribed to it in Clause 1.1 of these NCC Terms.
“NETS CashCard”	means the NETS CashCard, which is a NETS Card.
“NETS CashCard Validity Period”	has the meaning ascribed to it in Clause 5.2 of these NCC Terms.
“Terminal”	means the terminals designated by NETS for Transactions involving the NETS CashCard and provision of other services as may from time to time be determined by NETS in its sole discretion.
“TLPL”	means Transit Link Pte Ltd, its successors and assigns and such other persons as may be authorised by LTA from time to time.

2. ISSUANCE AND TOP UPS OF NETS CASHCARDS

2.1. A NETS CashCard may be purchased by any person at a non-refundable cost of S$5.00 (or such other amount as may be determined by NETS at its sole and absolute discretion) and for such other fees or charges, if any, as may be imposed from time to time by NETS. The NETS Cardholder shall examine his/her NETS CashCard upon its issue and each time he/she tops up the NETS CashCard, and shall be solely responsible for ensuring that the E-Money reflected to be stored in the NETS CashCard is accurate and corresponds to the amount paid or topped up on the NETS CashCard. NETS, the Safeguarding Institutions and their respective officers, employees and agents shall not be held liable for any error or omission not drawn to their attention upon the issuance or top-up of any NETS CashCard.

2.2. Without prejudice to the provisions of Clause 5 of the Standard Terms and Conditions, the maximum amount of E-Money that may be loaded into or stored in each NETS CashCard at any one time shall be S$500.00.

2.3. The issuance of a NETS CashCard to a NETS Cardholder and/or the subsequent use thereof by a NETS Cardholder shall be deemed to be acceptance by the NETS Cardholder of this Agreement (including these NCC Terms) and such other notices, guidelines, rules and directions in respect of the use of a NETS CashCard as issued, prescribed and/or published by NETS from time to time.

3. USE OF NETS CASHCARD

3.1. The NETS Cardholder agrees and acknowledges that he/she shall not use or attempt to use a NETS CashCard through any Terminal that is malfunctioning or has broken down.

4. RETURN AND RETENTION OF NETS CASHCARD

4.1. Notwithstanding the non-refundable cost for a NETS CashCard and such other fees or charges, if any, as may be imposed from time to time by NETS for a NETS CashCard, the NETS CashCard remains the property of NETS and shall be promptly returned to NETS upon request by NETS subject always to the NETS Cardholder’s right to a refund of the stored E-Money in the NETS CashCard in accordance with these NCC Terms, in particular Clauses 4 and 5.

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

5. REFUNDS, VALIDITY AND REPLACEMENT OF NETS CASHCARD

5.1. Notwithstanding any other provision in this Agreement, NETS and/or the Safeguarding Institutions shall not be liable to make refund of the E-Money if:

the NETS CashCard is not presented by the NETS Cardholder at the time of a request for a refund;
the encoded data in the NETS CashCard or any part thereof is erased, altered or tampered with, as determined by NETS and/or the Safeguarding Institutions;
the encoded data in the NETS CashCard and/or its external card number are not readable for any reason, as determined by NETS and/or the Safeguarding Institutions;
NETS and/or the Safeguarding Institutions determine that the E-Money in the NETS CashCard is incorrectly or erroneously stated or reflected in the NETS CashCard or any records as having a higher or other value than its actual value due to any defect, damage, error or failure of, or programming in relation to, the NETS System and/or NETS App (including without limitation, in either/both case(s), any data processing system or the network system) or for any reason; and/or
the NETS CashCard has been damaged or tampered with whether intentionally or otherwise as determined by NETS and/or the Safeguarding Institutions in their sole discretion.

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

5.3. Subject to this Agreement, the NETS Cardholder shall be entitled to a full refund of any E-Money remaining in a NETS CashCard effected pursuant to Clause 5 of these NCC Terms. Such refunds shall be effected pursuant to Clause 5 of these NCC Terms within four (4) years after the NETS CashCard Validity Period, provided that if a refund of the E-Money in the NETS CashCard is requested or effected more than two (2) years after NETS CashCard Validity Period, NETS shall be entitled to levy a service charge of S$1.00 per month or such other amount as NETS may determine from time to time, such levy to be deducted monthly from the E-Money balance in the NETS CashCard commencing the month after the end of the aforesaid two (2) years until (a) the E-Money is fully depleted, or (b) the 48^th calendar month from the end of the NETS CashCard Validity Period, whichever is earlier.

5.4. The NETS Cardholder shall not be entitled to a refund of any remaining E-Money in the NETS CashCard after four (4) years after the NETS CashCard Validity Period, and following such period the NETS Cardholder shall have no claim whatsoever against NETS and/or the Safeguarding Institutions in respect of any such remaining E-Money in the NETS CashCard.

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

5.6. Subject to this Agreement, the NETS Cardholder may request for a refund of any E-Money remaining in a NETS CashCard:

at any Customer Service Point in which event the NETS CashCard in question shall be retained by NETS or disabled after the refund has been completed; or
at such other Automated Teller Machines, Terminal(s) or premises as NETS may from time to time specify.

5.7. In the event NETS determines in its sole and absolute discretion that a NETS CashCard is defective (not through any fault or act of the NETS Cardholder) during its use for payment for Transactions, NETS shall replace the defective NETS CashCard with a new NETS CashCard during the NETS CashCard Validity Period at no additional charge. No replacement shall be made by NETS for any NETS CashCard after the expiry of the NETS CashCard Validity Period, provided always that NETS is not liable nor shall it be obliged to replace a defective NETS CashCard with a new NETS CashCard if:

the defective NETS CashCard is not surrendered by the NETS Cardholder at the time of request for a replacement;
NETS or its agent(s) determine in their respective sole and absolute discretion that the defective NETS CashCard is defective (whether or not through the fault or act of the NETS Cardholder) by the NETS Cardholder’s failure to take proper care of the NETS CashCard (including any improper use or mishandling of the NETS CashCard);
the defective NETS CashCard is de-laminated, peeled, broken or otherwise damaged due to wear and tear or any other act; and/or
the external card number of the defective NETS CashCard is not readable for any reason as determined by NETS or its agent(s).

If any of the circumstances in this Clause 5.7 occurs, NETS may in its sole and absolute discretion allow a replacement of the NETS CashCard upon such terms as NETS may stipulate including imposing a fee or charge for the replacement.

5.8. For any NETS CashCard found to be defective at any second or subsequent use, NETS may in its sole and absolute discretion allow a replacement of the NETS CashCard upon terms as NETS may stipulate including imposing a fee or charge for the replacement.

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

6. DAMAGED NETS CASHCARD

6.1. In the event that a NETS CashCard is damaged or becomes defective solely on account of normal wear and tear or otherwise through no fault of the NETS Cardholder, the NETS Cardholder shall be entitled to seek a refund of the E-Money pursuant to and in accordance with Clauses 4 and 5 of these NCC Terms. Except as provided in Clause 5.7 of these NCC Terms, the NETS Cardholder shall not be entitled to a replacement of his/her NETS CashCard.

6.2. Subject to Clause 6.1 of these NCC Terms, NETS and the Safeguarding Institutions reserve the right to deal with and to take such course of action as they may think appropriate with respect to any damaged, defective or tampered NETS CashCard including but not limited to, withholding any refund of the E-Money thereof (if determinable) or otherwise.

7. TRADEMARKS

7.1. The NETS CashCard trademark and logo are registered trademarks of NETS.

ANNEX 2: TERMS AND CONDITIONS RELATING TO THE NETS VCASHCARD

1. APPLICATION OF THESE TERMS

1.1. The terms and conditions in this Annex 1 (“VCC Terms“) apply to and govern the NETS Cardholder’s use of any NETS vCashCard, in addition to the Standard Terms and Conditions, each as may be amended, modified or supplemented from time to time.

1.2. Unless defined otherwise in these VCC Terms, all capitalised words and expressions herein shall have the same meaning as ascribed to them under the Standard Terms and Conditions.

1.3. For purposes of these VCC Terms, unless the context otherwise requires, the following expressions shall have the respective meanings set out against them:

“Designated Account”	means the VCC Designated Account and any bank, credit card, or other account designated by the NETS Cardholder for funds for top up(s) and/or refunds through the NETS App.
“NETS vCashCard”	means the NETS vCashCard, which is a NETS Card.
“VCC Designated Account”	has the meaning ascribed to it in Clause 2.3 of these VCC Terms.
“VCC Terms“	has the meaning ascribed to it in Clause 1.1 of these VCC Terms.

2. ISSUANCE AND TOP UPS OF NETS VCASHCARDS

2.1. A NETS vCashCard may be obtained by any person upon an application being made, and the payment of any minimum top-up amount, fees and/or charges as may be imposed from time to time at NETS’ sole and absolute discretion, to NETS. The issuance of a NETS vCashCard is subject to approval from the Land Transport Authority of Singapore, and NETS may also in its sole and absolute discretion reject any such application without providing reasons. The minimum top-up amount and the amount of fees or charges payable will be indicated on NETS’ vCashCard website (vcashcard.nets.com.sg) or at any websites and/or locations designated by NETS at NETS’ sole and absolute discretion.

2.2. Each NETS vCashCard may be linked or registered with a maximum of three (3) vehicles at any one time.

2.3. NETS may require the NETS Cardholder to designate a bank account or a credit or debit card (which, for the avoidance of doubt, includes a NETS bank card) (“VCC Designated Account“) as the originating account for the funds for top-up(s) of his/her NETS vCashCard. Such designation shall be subject to NETS’ approval.

2.4. Where the NETS Cardholder tops up his/her NETS vCashCard, the NETS Cardholder shall be solely responsible for ensuring that the balance amount of E-Money reflected is accurate and corresponds to the amount paid or topped up on the NETS vCashCard. NETS, the Safeguarding Institutions and their respective officers, employees and/or agents shall not be liable for any error or omission not drawn to their attention upon the issuance or top-up of any NETS vCashCard.

2.5. Where the NETS Cardholder chooses to activate any functionality that NETS may make available in respect of top-ups (including ad hoc, automatic and/or recurring top-ups) of the NETS vCashCard:

NETS shall have the right to, and the NETS Cardholder authorises NETS to, perform the top-ups using funds from the Designated Account(s) according to any parameters specified by the NETS Cardholder;
it shall be the NETS Cardholder’s sole responsibility to provide NETS with timely notices of the NETS Cardholder’s instructions. For the avoidance of doubt, if the NETS Cardholder requests for NETS to cancel any automatic or recurrent top-ups, NETS may not be able to give effect to the request within the same day. If NETS accepts the NETS Cardholder’s cancellation request, the request will be processed according to such timelines as NETS may specify;
the NETS Cardholder is solely responsible for ensuring that his/her Designated Account(s) contain sufficient funds for the top-ups, and NETS shall have no obligation to carry out the top-ups where the Designated Account(s) do not have sufficient funds or where funds cannot be processed from the Designated Account(s) for any reason. In such instances, the NETS Cardholder shall bear any cost associated with such failure to process the funds, and NETS reserves the right to terminate the relevant NETS vCashCard;
NETS may for the NETS Cardholder’s convenience make available functionalities under which the NETS Cardholder can be notified of any failure of a top-up, but the NETS Cardholder shall be solely responsible to activate such functionalities if they are available; and
NETS may at its sole and absolute discretion refuse to perform top-up(s) of any amount(s) for any reason and at any time.

2.6. The issuance of a NETS vCashCard to a NETS Cardholder and/or the subsequent use thereof by a NETS Cardholder shall be deemed to be acceptance by the NETS Cardholder of this Agreement (including these VCC Terms) and such other notices, guidelines, rules and directions in respect of the use of a NETS vCashCard as issued, prescribed and/or published by NETS from time to time.

2.7. Without prejudice to the provisions of Clause 5 of the Standard Terms and Conditions, the maximum amount of E-Money that may be loaded into or stored in each NETS vCashCard at any one time shall be S$500.00.

3. TERMINATION OF NETS VCASHCARDS

3.1. NETS shall be entitled at any time to terminate the NETS vCashCard upon the occurrence of any of the following events:

there is any breach by the NETS Cardholder of any of the VCC Terms;
the NETS Cardholder fails to pay any money due or payable to NETS for the use of the NETS vCashCard or NETS fails to receive any payment for any amount to be charged or deducted from the Designated Account pursuant to the VCC Terms;
the NETS Cardholder fails to effect the top-up referred to in Clause 5.1 of these VCC Terms within a reasonable time (such reasonable time to be determined in the sole and absolute discretion of NETS);
all Designated Account(s) are invalid; and/or
the Designated Account(s) do not have sufficient funds for any top-up of the NETS vCashCard or funds cannot be processed from the Designated Account(s) for such top-ups for any reason whatsoever.

NETS may also at any time, in its sole and absolute discretion, and without providing prior notice, terminate any NETS vCashCard with immediate effect and NETS shall submit any relevant notifications to LTA as may be necessary to effect such termination.

3.2. Upon such termination:

the vehicles associated with the terminated NETS vCashCard will no longer be linked or registered to the NETS vCashCard. Such termination of any NETS vCashCard shall also be subject to the NETS Cardholder’s right to a refund of the stored E-Money from NETS and/or the Safeguarding Institutions, in accordance with the Agreement, in particular Clause 4 of these VCC Terms; and
the relevant NETS vCashCard shall be disabled and all monies owing to NETS by the NETS Cardholder under the terminated NETS vCashCard shall be paid within seven (7) days of the date of notification by NETS of the amount due and payable.

3.3. For the avoidance of doubt, NETS shall not be liable for any Losses that a NETS Cardholder may incur or suffer in connection with the termination of his/her NETS vCashCard in accordance with this Agreement, including but not limited to traffic / parking fines imposed in relation to vehicles that were previously linked or registered with such terminated NETS vCashCard.

4. REFUNDS

4.1. Subject to this Agreement, NETS and each of the Safeguarding Institutions shall be fully liable to the NETS Cardholder for the refund of any E-Money in the NETS vCashCard and the NETS Cardholder shall, subject to this Agreement, have recourse to NETS and the Safeguarding Institutions for the refund of such amounts.

4.2. The NETS Cardholder shall be entitled to a full refund of any E-Money remaining in the NETS vCashCard where the NETS Cardholder deactivates his/her NETS vCashCard and/or the NETS Cardholder’s User Account (as defined in the NETS App T&Cs).

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

4.4. Subject to the provisions of this Clause 4, the NETS Cardholder may effect the refund of any E-Money in a NETS vCashCard by way of a transfer of funds to the Designated Account. Following the completion of such transfer, the relevant NETS vCashCard will be disabled (if applicable). For the avoidance of doubt, cash refunds of the E-Money in the NETS vCashCard are not permitted.

4.5. Notwithstanding anything herein contained, NETS and/or the Safeguarding Institutions shall not be required to make a refund of the E-Money if the encoded data in the NETS vCashCard or any part thereof is erased, unreadable, altered or tampered with as determined by NETS and/or the Safeguarding Institutions in their sole and absolute discretion.

5. NEGATIVE BALANCES AND MONIES OWED TO NETS

5.1. If for any reason, the NETS Cardholder has a negative balance on a NETS vCashCard and/or there are monies owing by the NETS Cardholder to NETS, and the auto top-up functionality has been disabled, the NETS Cardholder agrees to immediately top up the required amount to correct the negative balance and/or repay such sums owing to NETS, without the need for prior notification by NETS.

5.2. If the NETS Cardholder fails to effect the top-up referred to in Clause 5.1 of these VCC Terms within a reasonable time (such reasonable time to be determined in the sole and absolute discretion of NETS), the NETS Cardholder agrees that NETS shall be authorised to initiate a payment transaction for the amount of negative balance and/or amount owing to NETS, from the Designated Account(s), and/or such other account(s) which are linked to the NETS vCashCard by the NETS Cardholder.

5.3. In the event NETS fails to receive any payment for any amount to be charged or deducted from the Designated Account pursuant to the VCC Terms for any reason whatsoever, NETS shall be entitled to exercise any or all of the following rights:

deduct or set-off any monies due to NETS from the remaining E-Money in the NETS vCashCard;
recover from the NETS Cardholder, the outstanding monies due to NETS plus all costs incurred (including legal costs on a full indemnity basis) for the recovery of payment from the NETS Cardholder to NETS through any other means;
charge the NETS Cardholder an administrative fee of S$2 which is inclusive of GST (or such other amount as NETS may determine from time to time) for each unsuccessful charge to or deduction from the Designated Account; and/or
in its sole and absolute discretion, disqualify the NETS Cardholder from using, re-applying for, or being considered for and/or accepted by NETS for, the NETS vCashCard for such period as may be determined by NETS.

ANNEX 3: TERMS AND CONDITIONS RELATING TO THE NETS PREPAID CARD

1. APPLICATION OF THESE TERMS

1.1. The terms and conditions in this Annex 3 (“NPC Terms“) apply to and govern the NETS Cardholder’s use of:

the NPC;
the NPC as a card or wallet for payment at NETS acceptance points; and
a top-up facility for topping-up NPCs with cash, electronic funds transfer at point of sale, or credit cards at a Service Provider or on the NETS App, which includes automated debits from a user’s credit card or debit card, and/or such other methods as NETS may specify from time to time (“Top Up Facility”).

These NPC Terms apply in addition to the Standard Terms and Conditions, each as may be amended, modified or supplemented from time to time.

1.2. Unless defined otherwise in these NPC Terms, all capitalised words and expressions herein shall have the same meaning as ascribed to them under the Standard Terms and Conditions.

1.3. For purposes of these NPC Terms, unless the context otherwise requires, the following expressions shall have the respective meanings set out against them:

“Auto Top Up Facility”	has the meaning ascribed to it at Clause 3.8 of these NPC Terms.
“NPC”	means the NETS Prepaid Card, which is a NETS Card.
“NPC App Functionalities”	has the meaning ascribed to it at Clause 3.3(b) of these NPC Terms.
“NPC Markings”	has the meaning ascribed to it at Clause 3.4 of these NPC Terms.
“NPC Terms”	has the meaning ascribed to it in Clause 1.1 of these NPC Terms.
“NPC Validity Period”	has the meaning ascribed to it at Clause 5.4 of these NPC Terms.
“Public Transport System”	means the public bus and rail systems from time to time operated by SBS Transit Ltd, SMRT Trains Ltd, SMRT Buses Ltd, SMRT Light Rail Pte Ltd and such other persons as may be specified by TLPL from time to time.
“Reserved”	has the meaning ascribed to it at Clause 3.1 of these NPC Terms.
“SimplyGo Conditions”	means the terms and conditions issued by TLPL applicable to the use of SimplyGo (as defined in the SimplyGo Conditions), which may be accessed at (https://www.simplygo.com.sg/terms-conditions).
“Terminals”	means the terminals designated by NETS for Transactions involving the NPC and provision of other services as may from time to time be determined by NETS in its sole and absolute discretion.
“TLPL”	means Transit Link Pte Ltd, its successors and assigns and such other persons as may be authorised by LTA from time to time.
“Top Up Facility”	has the meaning ascribed to it at Clause 1.1(c) of these NPC Terms.
“Transit Services”	means the services from time to time provided by the operators for or in connection with the transportation of passengers in the Public Transport System.

2. ISSUANCE AND PURCHASE OF NPC

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

2.2. The purchase of an NPC and/or the subsequent use thereof by a NETS Cardholder shall be deemed to be acceptance by the NETS Cardholder of this Agreement (including these NPC Terms) and such notices, guidelines, rules and directions in respect of the use of an NPC as prescribed/published by NETS from time to time.

3. USE OF THE NPC

3.1. The NETS Cardholder agrees that if the balance on an NPC is less than S$15.00, a sum of S$3.50 shall be temporarily held (“Reserved“) by NETS from the card balance upon first entry into transit. In addition, the NETS Cardholder agrees and acknowledges that:

reserved sums cannot be utilised by the NETS Cardholder for the duration that it is held by NETS;
NETS may hold an additional Reserved sum of S$3.50 on the same day, if there is active usage of an NPC in transit;
each Reserved sum of S$3.50 shall be released back onto the relevant NPC within five (5) calendar days from the time that the sum of S$3.50 was first Reserved by NETS; and
NETS shall only Reserve sums of S$3.50 if an NPC is used for payments for Transit Services.

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

by TLPL for the purposes as deemed fit and determined by TLPL, or operators of the Transit Services (or of the Land Transport Authority of Singapore or any affiliated body); or
when the E-Money balance in the NPC should fall below S$3.00 at the presentation of the NPC for the purposes of payment for travel in the Public Transport System (in which case it may cease to be blacklisted if the NPC is re-valued to more than S$3.00 prior to the next presentation of the NPC for payment for travel in the Public Transport System).

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

3.3. The NETS Cardholder acknowledges and agrees that:

an NPC may become a Paired Card using the NETS App. Where so, the User Account (as defined in the NETS App T&Cs) will thereafter be linked to the NPC;
a Paired Card will continue to have the same functionalities as an ordinary NPC, except that any functionality in the NETS App that may be used to manage a Paired Card through the NETS App (“NPC App Functionalities“) may be enabled by the NETS App from time to time in connection with a Paired Card, for so long as such Paired Card is linked to the User Account under the NETS App;
the availability of the NPC App Functionalities in connection with any Paired Card is subject to due compliance with the NETS App T&Cs at all times; and
once an NPC has become a Paired Card, the NPC shall cease to become transferable in that its use will be exclusively linked to the User Account (as defined in the NETS App T&Cs) it is linked with. Any use of a Paired Card and any features of a Paired Card and the NPC App Functionalities will require verification with the linked User Account of the NPC App.

3.4. An NPC will be supplied with content, markings and indicia including but not limited to the following, which the NETS Cardholder agrees he/she will not tamper with in any way (“NPC Markings”):

the trademarks or get-up of NETS;
logos of third parties or certification marks;
other indicia indicating the NPC’s features and functionalities;
a unique 16-digit number for the NPC;
the “NPC Valid Thru” or “Expiry Date” (as the case may be) set out on the NPC;
a summary statement linking / referring to the terms and conditions of this Agreement (and any URL where the same is published);
quick response code for the download of the NETS App;
acceptance logos of the Service Providers or other parties (if applicable and applied by NETS as may determine or apply at the time of issuance or sale for each batch of NPCs);
contact centre number;
3-digit security code set out on the NPC; and
any additions to, update of or variations of the above including any other content, markings and indicia as NETS may deem fit at the time of issuance for each batch of NPCs.

For the avoidance of doubt, any and all IPR in NPC Markings shall be deemed to be NETS IPR.

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

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

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

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

there being adequate funds or credit in the relevant account;
clear, unambiguous and un-revoked mandates and instructions issued by the NETS Cardholder to the organisations that manage the source of funds for the Top Up Facility (e.g. credit card companies, and other financial institutions, banks or operators of services to provide such accounts) including as to amounts, thresholds and triggers to activate the transfers; and
compliance with any requirements or instructions by NETS in relation to the establishment and use of the Auto Top Up Facility as NETS may issue from time to time.

3.9. The NETS Cardholder acknowledges and agrees that NETS is not liable for any failures to revalue or top up an NPC due to failure to meet such foregoing conditions or any action or omission of any third party or the NETS Cardholder. The NETS Cardholder acknowledges and agrees that no revaluation or refund of any NPC may be executed through any automated teller machine, and that any revaluation or refund of an NPC may only be through the NETS App, or other designated device or process NETS may permit from time to time.

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

an NPC may only be topped up no more than five (5) times per account per day, if the E-Money is topped up via credit cards, regardless of whether it is a manual or an automated top up. This limit however, does not apply to cash top ups or top ups performed via the NETS Cardholder’s debit card and/or NETS bank card;
the maximum top up via credit/debit and bank cards that can be applied as a top up to any NPC at any one time is S$100. However, this limit may be varied by NETS in its sole and absolute discretion from time to time; and
except in the case of top ups using VISA and MasterCard credit or debit cards issued by DBS Bank Ltd or United Overseas Bank Limited, or other service explicitly designated by NETS from time to time, NETS may charge a fee relating to such top up transaction being the sum of S$0.50 per top up transaction (or such other amount as NETS may determine in its sole and absolute discretion).

3.11. Without prejudice to the provisions of Clause 5 of the Standard Terms and Conditions, and except as permitted by NETS in limited circumstances set out or published by NETS (whether notified via updates to this Agreement, or through the NETS App interface or by other means – and in such cases for only limited NPCs), the NETS Cardholder acknowledges and agrees that the maximum amount of E-Money that may be loaded into or stored in each NPC that is not a Paired Card is S$1,000.

3.12. The NETS Cardholder agrees and acknowledges that he/she shall not use or attempt to use an NPC through any Terminal that is malfunctioning or has broken down.

4. RETURN AND RETENTION OF NPC

4.1. Notwithstanding the non-refundable cost for an NPC and such other fees or charges, if any, as may be imposed from time to time by NETS for an NPC, the NPC remains the property of NETS and shall be promptly returned to NETS upon request by NETS subject always to the NETS Cardholder’s right to a refund of the stored E-Money in the NPC in accordance with these NPC Terms, in particular Clauses 4 and 5.

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

5. REFUNDS, VALIDITY AND REPLACEMENT OF THE NPC

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

5.2. For the avoidance of doubt, as at the time of the publication of this Agreement, the following are parameters limiting the right to a refund (subject to Clause 5.6 of these NPC Terms):

a refund may only be processed where there is a termination of this Agreement or the expiry / termination of an NPC;
refunds must be of the full amount of the remaining balance of E-Money in an NPC, and may not be in relation to a partial balance of the same;
refunds must be paid into a designated account (whether this is a Designated Account as defined in the NETS App T&Cs, or a designated account the NETS Cardholder apply to NETS for the refund of the money (which is in turn subject to verification and approval by NETS)). For avoidance of doubt, cash refunds of E-Money in the NPC will not be permitted;
the account designated in Clause 5.2(c) of these NPC Terms may not receive refunds of NPCs for more than five (5) times in a year. In the event that this limit is reached, further requests for refunds to this account will be declined until such time as the time limit restriction has expired; and
in the event that an NPC that is not a Paired Card (as defined in the NETS App T&Cs) is lost, there will be no refund permitted. The NETS Cardholder agrees that he/she will have no expectation of, nor any right to, a refund in such a situation.

5.3. Notwithstanding any other provision in this Agreement, NETS and/or the Safeguarding Institutions shall not be liable to make a refund of the E-Money if:

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

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

5.5. Subject to this Agreement, NETS and each of the Safeguarding Institutions shall be fully liable to the NETS Cardholder for the refund of any E-Money in the NPC and the NETS Cardholder shall, subject to this Agreement, have recourse to NETS and the Safeguarding Institutions for the refund of such amounts.

5.6. Subject to this Agreement, the NETS Cardholder shall be entitled to a full refund of any E-Money remaining in an NPC effected pursuant to Clause 5 of these NPC Terms. Such refunds shall be effected pursuant to Clause 5.8 of these NPC Terms within one (1) year after the NPC Validity Period, provided that the request for such refund of the E-Money remaining in the relevant NPC is made not more than one (1) year after the NPC Validity Period. For the avoidance of doubt, the NETS Cardholder agrees and acknowledges that no refund is possible in respect of any NPC that does not meet the refund criteria under Clause 5.2 of these NPC Terms or is excluded due to Clause 5.3 of these NPC Terms.

5.7. The NETS Cardholder shall not be entitled to a refund of any remaining E-Money in an NPC after one (1) year following the NPC Validity Period, and following such period the NETS Cardholder shall have no claim whatsoever against NETS and the Safeguarding Institutions in respect of any such remaining E-Money in the relevant NPC.

5.8. Subject to this Agreement, the NETS Cardholder may request for a refund of any E-Money remaining in an NPC:

at any Customer Service Point in which event the NPC in question shall be retained by NETS or disabled after the refund has been completed;
at such other terminal(s) or premises as NETS may from time to time specify; or
using the NETS App, where the NPC has been paired with a User Account (as defined in the NETS App T&Cs).

5.9. In the event NETS determines in its sole and absolute discretion that an NPC is defective (not through any fault or act of the NETS Cardholder) during its use for payment for Transactions, NETS shall replace the defective NPC with a new NPC during the NPC Validity Period at no additional charge. No replacement shall be made by NETS for any NPC after the expiry of the NPC Validity Period. Provided always that NETS is not liable nor shall it be obliged to replace the defective NPC with a new NPC if:

the defective NPC is not surrendered by the NETS Cardholder at the time of request for a replacement;
NETS or its agent(s) determine in their respective sole and absolute discretion that the defective NPC is defective (whether or not through the fault or act of the NETS Cardholder) by the NETS Cardholder’s failure to take proper care of the card (including any improper use or mishandling of the card);
the defective NPC is de-laminated, peeled, broken or otherwise damaged due to wear and tear or any other act; and/or
the external card number of the defective NPC is not readable for any reason as determined by NETS or its agent(s).

If any of the circumstances in this Clause 5.9 occurs, NETS may in its sole and absolute discretion allow a replacement of the NPC upon such terms as NETS may stipulate including imposing a fee or charge for the replacement.

5.10. Pursuant to a request by a NETS Cardholder for a replacement under Clause 5.9 of these NPC Terms, the defective NPC shall be surrendered to and retained by NETS or its agent(s) at the time of the request. The determination by NETS or its agent(s) as to the amount of the E-Money of the NPC shall, save for manifest error, be deemed conclusive and binding on the NETS Cardholder. NETS reserves the right to make adjustments or changes to such determination in the event that any subsequent or additional records received by NETS after such determination indicate a different value from the value determined by NETS at the time of replacement.

5.11. When a replacement of a defective NPC under this Clause 5 is approved by NETS or its agent(s), the NETS Cardholder shall be given a new NPC without any E-Money. The new NPC shall be activated by NETS and the NETS Cardholder shall complete such documentation as required by NETS or its agent(s) for the refund of the E-Money in the defective NPC and such refund shall be made into the NETS Cardholder’s bank account, credit card and/or debit card within seven (7) working days.

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

6. DAMAGED NPC

6.1. In the event that an NPC is damaged or becomes defective solely on account of normal wear and tear or otherwise through no fault of the NETS Cardholder, the NETS Cardholder shall be entitled to seek a refund of the E-Money pursuant to and in accordance with Clauses 4 and 5 of these NPC Terms. Except as provided in Clause 5.9 of these NPC Terms, the NETS Cardholder shall not be entitled to a replacement of his/her NPC.

6.2. Subject to Clause 6.1 of these NPC Terms, NETS and the Safeguarding Institutions reserve the right to deal with and to take such course of action as they may think appropriate with respect to any damaged, defective or tampered NPC including but not limited to, withholding any refund of the E-Money thereof (if determinable) or otherwise.

7. NEGATIVE BALANCES AND MONIES OWED TO NETS

7.1 If, for any reason, the NETS Cardholder has a negative balance on an NPC and/or there are monies owing by the NETS Cardholder to NETS, and the Auto Top Up Facility has been disabled, the NETS Cardholder agrees to immediately top up the required amount to correct the negative balance and/or repay such sums owing to NETS, without the need for prior notification by NETS.

7.2. If the NETS Cardholder fails to effect the top-up referred to in Clause 7.1 of these NPC Terms within a reasonable time (such reasonable time to be determined in the sole and absolute discretion of NETS), the NETS Cardholder agrees that:

NETS shall be authorised to initiate a payment transaction for the amount of negative balance and/or amount owing to NETS, from the NETS Cardholder’s credit card or debit card, and/or a NETS bank card; or
in the alternative, NETS shall be entitled to terminate the NETS Cardholder’s NPC with immediate effect.

8. TERMINATION OF NPC

8.1. The NPC may be terminated at any time prior to its expiry via its termination through the NETS App or through a return of the NPC to NETS. In addition, NETS may at any time, in its sole and absolute discretion, and without providing prior notice, terminate any NPC with immediate effect. Such termination of the NPC shall also be subject to the NETS Cardholder’s right to a refund of the stored E-Money from NETS and/or the Safeguarding Institutions, in accordance with the Agreement in particular Clause 5 of these NPC Terms.

8.2. For the avoidance of doubt, NETS shall not be liable for any Losses that a NETS Cardholder may incur or suffer in connection with the termination of his/her NPC in accordance with this Agreement.

9. CONDITIONS FOR USE OF PAYMENT FOR TRANSIT SERVICES

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

9.2. In the event that any NPC is retained by TLPL, or operators of the Transit Services (or of the Land Transport Authority of Singapore or any affiliated body), Clauses 4 and 5 of these NPC Terms shall be subject to the terms and conditions of the operators the Transit Services.

10. LOST NPCS

10.1. In the event of any loss of an NPC, the NETS Cardholder shall promptly report the loss of the card to NETS by calling +65 6274 1212 or such other number(s) as (NETS may notify) during office hours with the following information:

name of NETS Cardholder;
NRIC or passport number of NETS Cardholder; and
if available to the NETS Cardholder, the 16-digit NPC number (indicated at the back of card of the lost NPC).

10.2. In addition to Clause 10.1 of these NPC Terms, the NETS Cardholder shall also promptly disable the use of the lost NPC by Locking the NPC that is a Paired Card via the NETS App to prevent any further usage of the NPC.

ANNEX 4: TERMS AND CONDITIONS RELATING TO THE NETS FLASHPAY CARD

1. APPLICATION OF THESE TERMS

1.1. The terms and conditions in this Annex 4 (“NFP Terms“) apply to and govern the NETS Cardholder’s use of the NETS FlashPay, in addition to the Standard Terms and Conditions, each as may be amended, modified or supplemented from time to time.

1.2. Unless defined otherwise in these NFP Terms, all capitalised words and expressions herein shall have the same meaning as ascribed to them under the Standard Terms and Conditions.

1.3. For purposes of these NFP Terms, unless the context otherwise requires, the following expressions shall have the respective meanings set out against them:

“Automated Teller Machine”	means any automated teller machine installed by any of the Safeguarding Institutions for the top up of a NETS FlashPay.
“NETS ATU Facility”	means a service provided by NETS whereby a NETS Flashpay can be topped up for a sum which is selected by the NETS Cardholder automatically by any Public Transport System’s fare device or such other means or device authorised by NETS when the remaining value in the NETS FlashPay is equal to or less than the minimum value as stipulated by the NETS Cardholder.
“NETS FlashPay”	means the NETS FlashPay Card (including the NETS FlashPay Card that is named the “NETS Motoring Card”), which is a NETS Card.
“NETS Flashpay Validity Period”	has the meaning ascribed to it at Clause 4.3 of these NFP Terms.
“NFP Terms”	has the meaning ascribed to it at Clause 1.1 of these NFP Terms.
“Public Transport System”	means the public bus and rail systems from time to time operated by SBS Transit Ltd, SMRT Trains Ltd, SMRT Buses Ltd, SMRT Light Rail Pte Ltd and such other persons as may be specified by TLPL from time to time.
“Terminals”	means the terminals designated by NETS for Transactions involving the NETS FlashPay and provision of other services as may from time to time be determined by NETS in its sole and absolute discretion.
“TLPL”	means Transit Link Pte Ltd, its successors and assigns and such other persons as may be authorised by LTA from time to time.
“TLPL Conditions”	means the “Conditions of Issue and Use For Stored Value Cards” issued by TLPL, which may be accessed at (https://www.transitlink.com.sg/stored-value-travel-cards-non-concession/conditions-of-issue-and-use-for-stored-value-travel-cards/).
“Transit Services”	means the services from time to time provided by the operators for or in connection with the transportation of passengers in the Public Transport System as well as operators of carparks and the Electronic Road Pricing system managed by the Land Transport Authority of Singapore.

2. ISSUANCE AND PURCHASE OF NETS FLASHPAY; USE OF NETS FLASHPAY

2.1. A NETS FlashPay may be purchased by any person at a non-refundable cost of S$5.00 (or such other amount as may be determined by NETS at its sole and absolute discretion) and for such other fees or charges, if any, as may be imposed from time to time by NETS. The NETS Cardholder shall examine his/her NETS FlashPay upon its issue and each time he/she tops up the NETS FlashPay, and shall be solely responsible for ensuring that the amount of E-Money reflected to be stored in the NETS FlashPay is accurate and corresponds to the amount paid or topped up on the NETS FlashPay. NETS, the Safeguarding Institutions and their respective officers, employees and agents shall not be liable for any error or omission not drawn to their attention upon the issuance or top-up of any NETS FlashPay.

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

this Agreement (including these NFP Terms);
such notices, guidelines, rules and directions in respect of the use of a NETS FlashPay as prescribed/published by NETS from time to time; and
the TLPL Conditions.

2.3. Without prejudice to the provisions of Clause 5 of the Standard Terms and Conditions, the maximum amount of E-Money that may be loaded into or stored in each NETS FlashPay shall be S$500.00.

2.4. The NETS Cardholder agrees and acknowledges that he/she shall not use or attempt to use a NETS FlashPay through any Terminal that is malfunctioning or has broken down.

3. RETURN AND RETENTION OF NETS FLASHPAY

3.1. Notwithstanding the non-refundable cost for a NETS FlashPay and such other fees or charges, if any, as may be imposed from time to time by NETS for a NETS FlashPay, the NETS FlashPay remains the property of NETS and shall be promptly returned to NETS upon request by NETS subject always to the NETS Cardholder’s right to a refund of the stored E-Money in the NETS FlashPay in accordance with these NFP Terms, in particular Clauses 3 and 4 of these NFP Terms.

3.2. NETS, the Safeguarding Institutions, the Service Providers (which includes TLPL) and their respective representatives shall be entitled without assigning any reason therefor to retain at the Terminals any NETS FlashPay which is reasonably suspected to have been fraudulently issued, stolen or tampered with.

4. REFUNDS, VALIDITY & REPLACEMENT OF THE NETS FLASHPAY

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

4.2. Notwithstanding any other provision in this Agreement, NETS and/or the Safeguarding Institutions shall not be liable to make a refund of the E-Money if:

the NETS FlashPay is not presented by the NETS Cardholder at the time of a request for a refund;
the encoded data in the NETS FlashPay or any part thereof is erased, altered or tampered with as determined by NETS and/or the Safeguarding Institutions;
the encoded data in the NETS FlashPay and/or its external card number are not readable for any reason as determined by NETS and/or the Safeguarding Institutions;
NETS and/or the Safeguarding Institutions determine that the E-Money in the NETS FlashPay is incorrectly or erroneously stated or reflected in the NETS FlashPay or any records as having a higher or other value than its actual value due to any defect, damage, error or failure of, or programming in relation to, the NETS System and/or NETS App (including without limitation, in either/both cases, any data processing system or the network system) or for any reason; and/or
the NETS FlashPay has been damaged or tampered with whether intentionally or otherwise as determined by NETS and/or the Safeguarding Institutions in their sole and absolute discretion.

4.3. A NETS FlashPay shall be valid for a period of seven (7) years from the date of issue unless otherwise stated on the card (the “NETS FlashPay Validity Period“). Thereafter, the NETS FlashPay shall be deemed expired and is not valid for any use. NETS may at its sole and absolute discretion from time to time vary the NETS FlashPay Validity Period.

4.4. Subject to this Agreement, NETS and each of the Safeguarding Institutions shall be fully liable to the NETS Cardholder for the refund of any E-Money in the NETS FlashPay and the NETS Cardholder shall, subject to this Agreement, have recourse to NETS and the Safeguarding Institutions for the refund of such amounts.

4.5. Subject to this Agreement, the NETS Cardholder shall be entitled to a refund of any E-Money remaining in a NETS FlashPay after the NETS FlashPay Validity Period. Such refunds shall be effected pursuant to Clauses 4.7 and 4.8 of these NFP Terms within two (2) years after the NETS FlashPay Validity Period, provided that if a refund of the E-Money in a NETS FlashPay is requested or effected more than one (1) year after the NETS FlashPay Validity Period, NETS shall be entitled to levy a service charge of S$1.00 per month or such other amount as NETS may determine from time to time, such levy to be deducted monthly from the E-Money balance in the NETS FlashPay commencing the month after the expiry of the aforesaid one (1) year until (a) the E-Money is fully depleted, or (b) two (2) years from the end of the NETS FlashPay Validity Period, whichever is the earlier.

4.6. The NETS Cardholder shall not be entitled to a refund of any remaining E-Money in a NETS FlashPay after two (2) years following the expiry of the NETS FlashPay Validity Period, and following such period the NETS Cardholder shall have no claim whatsoever against NETS and the Safeguarding Institutions in respect of any such remaining E-Money in the relevant NETS FlashPay.

4.7. Subject to the provisions of Clauses 3 and 4 of these NFP Terms, the NETS Cardholder may, within one (1) year from the end of the NETS FlashPay Validity Period, request for non-cash refunds of any E-Money remaining in a NETS FlashPay:

at such Transitlink ticketing offices or transit stations as may from time to time be specified by NETS; or
at any Customer Service Point in which event the NETS FlashPay in question shall be retained by NETS or disabled after the refund has been completed; or
at such other Automated Teller Machines, Terminal(s) or premises as NETS may from time to time specify

Where the NETS Cardholder wishes to request for non-cash refunds of any E-Money remaining in a NETS FlashPay after one (1) year from the end of the NETS FlashPay Validity Period, the NETS Cardholder may only do so in-person at the NETS Customer Service Centre.

4.8. Cash refunds of the E-Money in each NETS FlashPay may only be permitted for amounts not exceeding S$100, and will need to be requested at such Transitlink ticketing offices or transit stations as may from time to time be specified by NETS.

For the avoidance of doubt, cash refunds of the E-Money in each NETS FlashPay are not permitted for amounts exceeding S$100.

4.9. In the event NETS determines in its sole and absolute discretion that a NETS FlashPay is defective (not through any fault or act of the NETS Cardholder) during its use for Transactions, NETS shall replace the defective NETS FlashPay with a new NETS FlashPay during the NETS FlashPay Validity Period at no additional charge. No replacement shall be made by NETS for any NETS FlashPay after the expiry of the NETS FlashPay Validity Period. Provided always that NETS is not liable nor shall it be obliged to replace the defective NETS FlashPay with a new NETS FlashPay if:

the defective NETS FlashPay is not surrendered by the NETS Cardholder at the time of request for a replacement;
NETS or its agent(s) determine in their respective sole and absolute discretion that the defective NETS FlashPay is defective (whether or not through the fault or act of the NETS Cardholder) by the NETS Cardholder’s failure to take proper care of the card (including any improper use of mishandling of the card);
the defective NETS FlashPay is de-laminated, peeled, broken or otherwise damaged due to wear and tear or any other act; and/or
the external card number of the defective NETS FlashPay is not readable for any reason as determined by NETS or its agent(s).

If any of the circumstances in this Clause 4.9 occurs, NETS may in its sole and absolute discretion allow a replacement of the NETS FlashPay upon such terms as NETS may stipulate including imposing a fee or charge for the replacement.

4.10. Pursuant to a request by a NETS Cardholder for a replacement under Clause 4.9 of these NFP Terms, the defective NETS FlashPay shall be surrendered to and retained by NETS or its agent(s) at the time of the request. The determination by NETS or its agent(s) as to the amount of the E-Money of the NETS FlashPay shall, save for manifest error, be deemed conclusive and binding on the NETS Cardholder. NETS reserves the right to make adjustments or changes to such determination in the event that any subsequent or additional records received by NETS after such determination indicate a different value from the value determined by NETS at the time of replacement.

4.11. When a replacement of a defective NETS FlashPay under this Clause 4 is approved by NETS or its agent(s), the NETS Cardholder shall be given a new NETS FlashPay without any E-Money. The new NETS FlashPay shall be activated by NETS and the NETS Cardholder shall top-up the card with a minimum E-Money of S$10.00 or such other sum as may be determined by NETS. The NETS Cardholder shall complete such documentation as required by NETS or its agent(s) for the refund of the E-Money in the defective NETS FlashPay and the refund shall be made into the NETS Cardholder’s bank account within fourteen working days.

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

5. DAMAGED NETS FLASHPAY

5.1. In the event that a NETS FlashPay is damaged or becomes defective solely on account of normal wear and tear or otherwise through no fault of the NETS Cardholder, the NETS Cardholder shall be entitled to seek a refund of the E-Money pursuant to and in accordance with Clauses 3 and 4 of these NFP Terms. Except as provided in Clause 4.9 of these NFP Terms, the NETS Cardholder shall not be entitled to a replacement of his/her NETS FlashPay.

5.2. Subject to Clause 5.1 of these NFP Terms, NETS and the Safeguarding Institutions reserve the right to deal with and to take such course of action as they may think appropriate with respect to any damaged, defective or tampered NETS FlashPay including but not limited to, withholding any refund of the E-Money thereof (if determinable) or otherwise.

6. TLPL CONDITIONS

6.1 The use of a NETS FlashPay shall be subject to the TLPL Conditions, with the exception of Clause 4.8 of the NFP Terms which will prevail over the TLPL Conditions.

6.2. In the event that any NETS FlashPay is retained by TLPL and/or the operators of the Transit Services under the TLPL Conditions, the TLPL Conditions applicable to the refund of the E-Money and/or any claim under such NETS FlashPay shall prevail over Clauses 3 and 4 of these NFP Terms.

7. NETS ATU FACILITY TERMS AND CONDITIONS

7.1. The activation and use of a NETS FlashPay with the NETS ATU Facility shall be subject to the Terms and Conditions relating to the NETS Auto Top Up Facility attached at Annex 5 of this Agreement.

8. TRADEMARKS

8.1. The NETS FlashPay trademark and logo are registered trademarks of NETS.

ANNEX 5: TERMS AND CONDITIONS RELATING TO THE NETS FLASHPAY AUTO TOP UP FACILITY

1. APPLICATION OF THESE TERMS

1.1. The terms and conditions in this Annex 5 (“ATU Terms“) apply to and govern the NETS Cardholder’s use of the NETS ATU Facility, in addition to the Standard Terms and Conditions, each as may be amended, modified or supplemented from time to time.

1.2. Unless defined otherwise in these ATU Terms, all capitalised words and expressions herein shall have the same meaning as ascribed to them under the Standard Terms and Conditions.

1.3. For purposes of these ATU Terms, unless the context otherwise requires, the following expressions shall have the respective meanings set out against them:

“ATU Amount”	means the amount (as specified by the NETS Cardholder to NETS via the NETS App or such other website as designated by NETS to be deducted from his/her Funding Source for the purpose of topping up his/her NETS FlashPay (ATU) by the NETS ATU Facility or such other amount as may be subsequently changed by the NETS Cardholder.
“ATU Deposit”	means a refundable security deposit of S$50 or such other amount as may be stipulated by NETS from time to time, to be made by the NETS Cardholder for the use of the NETS ATU Facility which shall be automatically charged or deducted from the NETS Cardholder’s Funding Source by NETS, upon the successful registration of a NETS ATU Facility by a NETS Cardholder.
“ATU Terms”	has the meaning ascribed to it in Clause 1.1 of these ATU Terms.
“Auto Top up”	means the process of adding the ATU Amount to the E-Money held on the NETS Cardholder’s NETS FlashPay (ATU) via the NETS ATU Facility.
“Auto Top up Fee”	means a fee of up to S$0.50 which is inclusive of the applicable GST (or such other amount as NETS may determine from time to time) which may charged to or deducted from the Funding Source for each Auto Top up.
“Funding Source”	means a credit or debit card, or any other source of funds as approved by NETS, which is registered by the NETS Cardholder for use in connection with the NETS ATU Facility.
“NETS ATU Facility”	means a service provided by NETS whereby a NETS Flashpay (ATU) can be topped up for a sum which is selected by the NETS Cardholder automatically by any Public Transport System’s fare device or such other means or device authorised by NETS when the remaining value in the NETS FlashPay is equal or less than the minimum value as stipulated by the NETS Cardholder.
“NETS FlashPay”	means the NETS FlashPay Card, which is a NETS Card.
“NETS FlashPay (ATU)”	means a NETS FlashPay which is activated with the NETS ATU Facility.
“NFP Terms”	means the terms and conditions at Annex 4 of this Agreement that govern the NETS Cardholder’s use of the NETS FlashPay.
“Public Transport System”	means the public bus and rail systems from time to time operated by SBS Transit Ltd, SMRT Trains Ltd, SMRT Buses Ltd, SMRT Light Rail Pte Ltd and such other persons as may be specified by TLPL from time to time.
“Registration”	means the registration by a NETS Cardholder for one (1) or more NETS FlashPay (not exceeding five (5) NETS FlashPay cards for each NETS Cardholder) to be enabled with the NETS ATU Facility via the applicable registration methods as designated by NETS from time to time.
“TLPL”	means Transit Link Pte Ltd, its successors and assigns and such other persons as may be authorised by LTA from time to time.
“Transit Services”	means the services from time to time provided by the operators for or in connection with the transportation of passengers in the Public Transport System as well as operators of carparks and the Electronic Road Pricing system managed by the Land Transport Authority of Singapore.

2. REGISTRATION AND USE

2.1. Upon approval by NETS of the Registration of the NETS ATU Facility by a NETS Cardholder, the nominated NETS FlashPay shall be activated with the NETS ATU Facility.

2.2. In consideration of the activation of a NETS FlashPay with the NETS ATU Facility, the NETS Cardholder hereby agrees and undertakes with NETS that:

NETS may verify and authorise the Funding Source details when the NETS Cardholder registers or changes the Funding Source for the NETS ATU Facility;
NETS is authorised to automatically charge or deduct from the Funding Source for the amount of the ATU Deposit (upon the Registration of the NETS ATU Facility) and each subsequent ATU Amount for each NETS FlashPay (ATU). NETS will notify the NETS Cardholderin accordance with Clause 13.1(b) of the Standard Terms and Conditions upon the successful charge or deduction of the ATU Deposit from the Funding Source;
NETS is authorised to perform such charge or deduction from the Funding Source in accordance with instructions made by the NETS Cardholder. Such authorisations and standing instructions will remain effective and unchanged unless the NETS Cardholder requests to terminate the NETS ATU Facility in accordance with such method(s) as NETS may prescribe and such request has been accepted by NETS;
NETS is entitled to credit the Funding Source with any monies that may be due to the NETS Cardholder in respect of the refund of monies by NETS to the NETS Cardholder under these ATU Terms;
the NETS Cardholder shall comply with the terms and conditions imposed by the issuer of the NETS Cardholder’s Funding Source; and
NETS shall be entitled to charge an Auto Top up Fee for each Auto Top up and NETS is authorised to charge or deduct the Auto Top up Fee from the Funding Source; and
notwithstanding anything contained herein, the NETS Cardholder acknowledges and agrees that a minimum period of three (3) days (or such other period as NETS may determine from time to time) has to elapse between each Auto Top up of a NETS FlashPay (ATU). NETS shall not be obliged to carry out the Auto Top up of any NETS FlashPay (ATU) unless the said period has lapsed and until the amount for any previous Auto Top up has been charged to or deducted from the Funding Source.

3. UNDERTAKINGS BY NETS CARDHOLDER AND LOSS OF NETS FLASHPAY (ATU)

3.1. The NETS Cardholder hereby undertakes as follows:

to maintain at all times sufficient funds available in his/her Funding Source, and to ensure the validity of his/her Funding Source, to enable NETS to charge or deduct the ATU Deposit, ATU Amount and / or Auto Top up Fee (as applicable). Failure to do so may lead to a failure in the Auto Top up of the relevant NETS FlashPay (ATU) resulting in failed payment transactions and/or delays, among other consequences. The NETS Cardholder understands and agrees that NETS will not be responsible or liable in any way for any such consequences of any nature whatsoever and agrees not to take any action or to release NETS from any claims whatsoever in relation to any such consequences;
to inform NETS immediately of any closure, termination or change of the Funding Source that may prevent NETS from charging or deducting the ATU Deposit, ATU Amount and / or Auto Top up Fee (as applicable) to or from the Funding Source;
to furnish any information as may be requested by NETS from time to time in respect of the NETS Cardholder’s use of the NETS ATU Facility with a NETS FlashPay (ATU), the cancellation and the termination thereof and to render the necessary assistance to NETS in relation to any investigation into the use of the NETS ATU Facility or the relevant NETS FlashPay (ATU) by the NETS Cardholder; and
to be liable for all Transactions made by the use or purported use of the NETS FlashPay (ATU) by any person whether with or without his/her consent or knowledge, to the extent permitted by Applicable Laws (including but not limited to the MAS Guidelines for E-Payments User Protection).

3.2. In the event of any loss of a NETS FlashPay (ATU), the NETS Cardholder shall promptly report the loss of the card to NETS by calling +65 6274 1212 or such other number as NETS may notify on its website during office hours with the following information:

name of NETS Cardholder;
NRIC or passport number of NETS Cardholder; and
if available to the NETS Cardholder, the 16-digit CAN (indicated at the back of card of the lost NETS FlashPay (ATU)).

3.3. Upon receipt of a loss report by a NETS Cardholder under Clause 3.2 of these ATU Terms, NETS shall cancel the lost NETS FlashPay (ATU) within 48 hours. Subject to Clause 3.4 of these ATU Terms, NETS shall refund to the NETS Cardholder within four (4) weeks of the date of cancellation:

the remaining E-Money held in the lost NETS FlashPay (ATU), if any; and
the ATU Deposit (less any monies deducted from the lost NETS FlashPay (ATU) for any purpose or use on or before the date of cancellation, whether such deductions were made with or without the consent or knowledge of the NETS Cardholder).

3.4. NETS shall not be liable to refund to the NETS Cardholder any monies deducted from the lost NETS FlashPay (ATU) within 48 hours after a loss report has been made by the NETS Cardholder under Clause 3.2 of these ATU Terms in respect of:

payment of fares for the Transit Services provided that NETS shall refund to the NETS Cardholder the difference between the aggregate of all deductions for fares for the Transit Services deducted from the lost NETS FlashPay (ATU) within 48 hours after a loss report has been made and the sum of S$10.00; and
all payments of Goods and Services other than for payment for fares for the Transit Services within 48 hours after a loss report has been made, whether such deductions were made with or without the consent or knowledge of the NETS Cardholder.

3.5. The NETS Cardholder shall not be liable for any Auto Top up or deductions made on the lost NETS FlashPay (ATU) after the card is cancelled by NETS.

3.6. Where the loss of a NETS FlashPay (ATU) has been reported, the NETS Cardholder will have to reapply for the NETS ATU Facility for any replacement NETS FlashPay.

3.7. Notwithstanding anything contained herein, the NETS Cardholder acknowledges and agrees that NETS shall not liable for any Losses whatsoever which the NETS Cardholder may incur or suffer in connection with or as a result of the registration and/use of the NETS ATU Facility by the NETS Cardholder or in connection with the NETS ATU Facility. The NETS Cardholder shall solely be responsible for resolving any disputes with any third parties (including the issuer of the relevant Funding Source) in relation to any Auto Top ups of a NETS FlashPay (ATU) using the Funding Source on his/her own. NETS shall not be responsible for any such Loss arising from misdirected payments.

4. COLLECTION OF ATU AMOUNT

4.1. In the event NETS fails to receive any payment for any amount to be charged or deducted from the Funding Source pursuant to the ATU Terms or in respect of the NETS ATU Facility for any reason whatsoever, NETS shall be entitled to exercise any or all of the following rights:

deduct from the ATU Deposit to settle the amount of any Auto Top up which is due to NETS and in addition, further charge or deduct an amount equal to the said amount from the Funding Source of the NETS Cardholder, in order to maintain the ATU Deposit for the purpose of the NETS ATU Facility;
deduct or set-off any monies due to NETS from the remaining E-Money in the NETS FlashPay (ATU);
recover from the NETS Cardholder, the outstanding monies due to NETS plus all costs incurred (including legal costs on a full indemnity basis) for the recovery of payment from the NETS Cardholder to NETS through any other means;
charge the NETS Cardholder an administrative fee of S$2 which is inclusive of GST (or such other amount as NETS may determine from time to time) for each unsuccessful charge to or deduction from the Funding Source;
terminate the relevant NETS FlashPay (ATU); and/or
in its sole and absolute discretion, disqualify the NETS Cardholder from using, re-applying for, or being considered for and/or accepted by NETS for, the NETS ATU Facility for such period as may be determined by NETS.

4.2. NETS shall not be liable for any charges or fees imposed by any third party (including the issuer of the relevant Funding Source) for any unsuccessful deduction from the Funding Source of the NETS Cardholder, in respect of any amount due or owing to NETS pursuant to the ATU Terms or the NETS ATU Facility. It is the sole responsibility of the NETS Cardholder to pay the same to such third party (including the issuer of the relevant Funding Source).

5. LIMITATION OF LIABILITY & EXPIRY OF NETS FLASHPAY (ATU)

5.1. The provisions relating to exclusion or limitation of liability in the NFP Terms governing the use of NETS FlashPay shall apply in full to the use of any NETS FlashPay (ATU).

5.2. In respect of the expiry of the NETS FlashPay (ATU), Clauses 4.5 and 4.6 of the NFP Terms governing the use of NETS FlashPay shall apply in full to the NETS FlashPay (ATU). In addition, the NETS Cardholder shall not be entitled to a refund of the ATU Deposit after one (1) year following the expiry of the NETS FlashPay (ATU), and following such period the NETS Cardholder shall have no claim whatsoever against NETS in respect of such ATU Deposit.

6. TERMINATION OF THE NETS ATU FACILITY

6.1. The NETS Cardholder may terminate the NETS ATU Facility of the NETS FlashPay (ATU) at such Customer Service Points as may be designated by NETS from time to time. The NETS ATU Facility shall be disabled and no further use of the NETS ATU Facility will be allowed. For the avoidance of doubt:

such termination shall only be effective after NETS has confirmed acceptance of termination of the NETS ATU Facility and any transfers prior to such confirmation shall proceed unaffected, and the NETS Cardholder’s instructions in relation to such prior transfers are irrevocable;
where the NETS Cardholder performs a top-up (whether an Auto Top Up or otherwise) before receipt of NETS’ confirmation of acceptance of termination, the NETS Cardholder agrees and acknowledges that he remains liable to NETS for such amount(s) and NETS shall have no obligation to reverse such top-up or to provide a refund or reimbursement in respect of such funds; and
where an Auto Top Up is performed before receipt of NETS’ confirmation of acceptance of termination, and NETS fails to receive any payment for any amount to be charged or deducted from the Funding Source, NETS shall be entitled to exercise its rights set out in Clause 4.1 of these ATU Terms, and shall have no obligation to reverse such top-up or to provide a refund or reimbursement in respect of any funds that may be charged to or deducted from the Funding Source.

6.2. NETS shall be entitled at any time to terminate the NETS ATU Facility and the corresponding NETS FlashPay (ATU) upon the occurrence of any of the following events:

there is any breach by the NETS Cardholder of any of the ATU Terms;
the NETS Cardholder fails to pay any money due or payable to NETS for the use of the NETS ATU Facility of a NETS FlashPay (ATU);
the Funding Source is invalid; and/or
NETS is unable to successfully charge or deduct the ATU Deposit or the ATU Amount from the Funding Source for any reason whatsoever.

6.3. Upon termination by NETS of the NETS ATU Facility and the corresponding NETS FlashPay (ATU) under Clause 6.2 of these ATU Terms, the NETS ATU Facility of the relevant NETS FlashPay (ATU) shall be disabled, the NETS FlashPay (ATU) shall be terminated, and:

all monies owing to NETS by the NETS Cardholder under the terminated NETS FlashPay (ATU) shall be paid within seven (7) days of the date of notification by NETS of the amount due and payable; and
subject to Clause 6.4, the ATU Deposit (less all monies owing to NETS under Clause 6.3(a)) shall be refunded to the Funding Source of the NETS Cardholder.

6.4. Notwithstanding anything contained in the Agreement, NETS shall have the right to set-off or deduct any monies owing to it from the remaining E-Money and/or ATU Deposit of the NETS FlashPay (ATU) and as and when requested by NETS, the NETS Cardholder hereby irrevocably authorises NETS to make the charges or deductions referred to in this Clause 6.4 and to pay the said sums to NETS. For the avoidance of doubt, NETS will not be obliged or required to refund any monies to the NETS Cardholder until all monies owing by the NETS Cardholder to NETS under this Agreement have been fully paid.

6.5. Where the NETS Cardholder owes any amount to NETS in respect of the NETS ATU Facility, NETS may in its discretion reject any further applications made by the NETS Cardholder for the NETS ATU Facility in respect of any other NETS FlashPay until any amounts owing has been paid in full.

6.6. In the event that NETS is compelled to commence any legal action to recover outstanding monies due to NETS in respect of the NETS ATU Facility, the NETS Cardholder agrees that NETS shall be entitled to claim legal costs on a full indemnity basis from the NETS Cardholder.

7. REFUND UPON SURRENDER OF NETS FLASHPAY (ATU)

7.1. The NETS Cardholder may surrender his/her NETS FlashPay (ATU) for a refund which is processed by NETS within fourteen working days at any TransitLink’s ticket office, Customer Service Point or location or channel designated by NETS from time to time.

7.2. Following such surrender of the NETS FlashPay (ATU):

the ATU Deposit and any E-Money remaining in the NETS FlashPay (ATU), both as determined by NETS based solely on its records (less any deduction), will be refunded free from any interest and credited to the Funding Source within fourteen working days from the date of surrender; and
the NETS ATU Facility wlll be terminated in respect of the surrendered NETS FlashPay (ATU).