Part I. INTRODUCTION
1.1 These terms and conditions (including all agreements and policies referenced in these terms and conditions or otherwise applicable to the use of specific features of the Volopay and related services which are required to be agreed to and accepted before the use of such specific features) set out in the general terms and conditions will apply to the wallet and related services that we may agree to provide to you from time to time.
1.2 By completing the signup process, You are deemed to have expressly read, understood and accepted each and every term when you use the website, wallet and related services. You agree to be bound by these terms and conditions and other specific rules and procedures as determined or as may be amended at our sole discretion.
In this agreement, "We", "Us" or "Our" refers to Volopay, as the case may be. "You" or "Your" refers to the Account User using the Wallet.
Definitions, description and interpretation. Headings and subheadings are inserted for convenience only and do not affect the interpretation of these terms and conditions. In these terms and conditions, unless the context otherwise requires, the following definitions shall apply:
"Access Code" means a password, code or any other arrangement that the Account User must keep secret, that may be required to authenticate any payment transaction or Account User, and may include any of the following:
- personal identification number, password or code;
- internet banking authentication code;
- telephone banking authentication code;
- code generated by an Authentication Device;
- code sent by Volopay by phone text message such as SMS, but does not include a number printed on a Wallet (e.g. a security number printed on a credit card or debit card).
"Account Holder" means any person in whose name a Wallet has been opened or to whom a Wallet has been issued, and includes a joint Account Holder and a supplementary credit card holder;
"Account User" means—
- any Account Holder; or
- any person who is authorised in a manner in accordance with these terms and conditions, by Volopay and any Account Holder of a Protected Account, to initiate, execute or both initiate and execute payment transactions using the Protected Account;
"Authentication Device" means any device that is issued by the responsible FI to the Account User for the purposes of authenticating any payment transaction initiated from a Wallet, including a device that is used to generate, receive or input any access code;
"Country" means the country or territory where you are residing and the wallet is opened.
"Electronic instruction" means any instruction, notice, instruction or other communication which may, from time to time be given through website, telephone, email, or SMS by you. We, however, reserve the right to require the instruction of supporting document/s, before we may decide to act or not on the instruction, if we have reasonable grounds therefore.
"Fees and charges table" efers to the fees and charges table that applies to the wallet account and listed in the fees and charges updated on our website at https://www.volopay.co/
"Volopay, the issuer of Wallet or Responsible FI, together with its employees, directors, affiliates, successors, and assigns. Volopay (UEN: 201927210H)
is a company duly established and operating under the laws of Singapore, has its registered office at 10, ANSON ROAD, #27-15, INTERNATIONAL PLAZA, SINGAPORE 079903.
"Merchant" refers to any merchants, vendors, persons, corporations or entity honoured to provide goods, products and services to you through wallet. You acknowledge that your purchases of those goods, products and services are transactions between you and merchants and not with us or other of our affiliates unless expressly designated as such in the listing of the products or services on our website/electronic catalogue. You agree and confirm that we make no representations or warranties in respect of the products, goods and services offered by merchant, including, without limitation, the quality, accuracy, adequacy, timeliness, fitness for any purpose or completeness of any of the products, goods or services. You are advised to refer carefully to merchant's terms and conditions, refund and return policy before making any purchase.
"Protected Account" means any Wallet that—
- is held in the name of one or more persons, all of whom are either individuals or sole proprietors;
- is capable of having a balance of more than S$500 (or equivalent amount expressed in any other currency) at any one time, or is a credit facility; and
- is capable of being used for electronic payment transactions;
Wallet" refers to the payment account and/or the physical card which is provided to you upon signup at Website and completion of KYC process with us. The payment account is regarded as a stored value facility under country laws, and different types of payment products and services may be available to you from time to time.
"Website" refers to our website, the address of which is website and mobile applications or portals that you can access from mobile devices. All website addresses and URL for your reference in this terms and conditions are subject to be changed from time to time at our sole discretion.
"Unauthorized Transaction" in relation to any Protected Account, means any payment transaction initiated by any person without the actual or imputed knowledge and implied or express consent of an Account User of the Protected Account.
Part II. WALLET AND RELATED SERVICE
3. Use of the wallet and related services
3.1 Use of wallet and related services is subject to the terms and conditions provided herein as may be amended from time to time. You signify agreement with these terms and conditions and assume liability for any and all charges and fees incurred on wallet and related services, whether authorized or unauthorised. Wallet is not a credit card; hence usage shall be dependent on the funded balance linked to the wallet.
3.2 When you use the wallet and related services, you are authorizing us to act as your agent only with respect to holding, sending, or receiving available balance.
- We may without prior reference to you, combine or consolidate any number of your accounts in your country or overseas (whether held alone or jointly, or under any style, name or form including trade names of sole proprietorships) and offset credit balances (whether matured or not) in these accounts against any liability.
- You agree that where such combination, consolidation and setoff require any conversion from one currency into another, we have the right to convert one currency into another in any manner we may determine and at our prevailing rate of exchange. You must indemnify us for any shortfall and be responsible for any losses and risks arising from the conversion.
- You agree not to use wallet for purchase of items or goods for which their importation into your residence country is disallowed under applicable laws.
- You confirm that you shall not use wallet and related services to conduct transactions in connection with any prohibited activities under applicable laws.
- We may limit the number of your purchases that may be approved in one day. If we detect any unusual or suspicious activity on the use of your wallet, we may require you to contact us or temporarily suspend your privileges until we can verify the activity.
4. Validity, replacement and refund
4.1 Unless terminated or cancelled earlier, wallet shall be valid for a period of time defined by us. Renewal or replacement of the wallet will be at our sole discretion. Your wallet shall be valid for the period ("Validity Period") stated on the wallet and shall expire on the first day of the following month. You agree and understand that the Validity Period may not be extended.
4.2 Inactive wallet: where no access or payment transactions are made on wallet for a continuous period of time exceeding that of which is mentioned in the fees and charges page on our website, and there is valid balance in wallet, we may notify you by any notice methods mentioned herein and give you the option of maintaining your wallet operational. If you do not respond to the notice within the given time noticed by us, from time to time, a dormancy fee can be charged and deducted from the remaining stored value on wallet and thereafter for every month for which the wallet remains inactive.
4.3 If there is any unused balance in an inactive wallet when it expires, you shall no longer be entitled to use that unused balance and we may terminate this wallet and forfeit the unused balance in accordance with applicable laws, and if permitted, to us.
4.4 We shall not be obligated to process any refund of the available balance on the wallet before the expiry date of the card. We shall only be obligated to refund you the remaining balance of your wallet, if any, under the following conditions:
- A refund application form is duly completed and submitted to us in accordance with the refund policy posted on https://www.volopay.co/;
- A refund processing fee shall apply for each refund, and shall be deducted from the remaining balance stored on wallet. We shall only be obligated to process a refund if the remaining balance exceeds the refund processing fee. If there is insufficient balance to cover the refund processing fee, we shall notify you in writing of the unsuccessful refund; and
- Any refund shall be transferred to your registered bank account or any bank account notified to us by you. Upon any unsuccessful transfer, we shall be entitled to charge an additional transfer fee.
5. Compromise of Wallet
5.1 The security and proper care of your wallet, as well as the confidentiality of your security code shall be your sole responsibility. You accept that you must not give the Wallet account details to others or allow them to use it for charges, identification or any other purpose. If you do so, you will be liable for all charges made with the wallet as a result.
5.2 You shall be relieved from any financial exposure resulting from fraudulent or unauthorized use of the wallet and related services from the time the report of compromise of your wallet account is received by us from the concerned person. Prior to the receipt of such a report, you expressly agree to be held liable to us for any and all transactions, purchases, and charges made or incurred from the use of the compromised wallet. Should you fail to immediately report to us the compromise of your wallet account upon discovery, we or our affiliated merchants shall be rendered free and harmless from any and all liabilities arising out of the wallet account's compromise.
5.3 You will be required to provide your name, address, wallet number, identification document and other details for identification purposes. You agree to provide us all information and assistance reasonably requested in order to make a timely and complete investigation of the compromise, and we reserve the right to investigate the compromise. If your wallet is lost or stolen, we may issue you a replacement wallet account with a value equal to the available balance on your wallet at the time you notified us of the compromise, at our sole discretion.
6. Reload and transaction
6.1 We permit a one time top-up of up to an amount of money as set forth in fees and charges table while your wallet registration is being processed.
6.2 Your wallet is a reloadable account where you have completed all registration requirements as may be determined by us, meaning Know Your Customer (KYC) validated.
6.3 Where wallet has been designated as a reloadable account, the maximum remaining balance on the wallet shall be up to a specific amount as set forth at our own discretion. You can spend up to a limited amount per day and per month as defined in the fees and charges table on website. Each time you use your wallet, the amount of the transaction will be debited from your wallet's available balance. You agree not to make a purchase or other transaction in excess of your wallet's available balance. We have the right to reject all of your requests to make any purchase or any other transaction or if a fee deducted from your available balance exceeds the available balance on your wallet.
6.4 Transactions are indicated as pending, completed, failed or cancelled.
- "pending" indicates that a transaction is currently undergoing review by us and may not be completed or settled, at our sole discretion. "pending" may also indicate that the transaction is awaiting account confirmation or settlement from a third party.
- "completed" indicates that a transaction has cleared and the funds are available. If we determine that the transaction is related to a restricted or prohibited business or activity or that the transaction is the result of fraudulent activity, we may reverse or refund the transaction at any time. This refund shall be deposited into your wallet account.
- "cancelled" indicates that a transaction has been stopped or reversed. This could be due to inaccurate or incomplete information about your wallet account, our inability to validate the legitimacy of a payment, or merchant, or another proprietary reason. You may contact us for more information. Although payments are cancelled, the removal of an authorization on a return of funds to a member's wallet account may not be immediate, and we cannot guarantee availability within a specific timeframe.
- "failed" indicates that a transaction could not be processed due to inaccurate wallet account information, insufficient funds, or another transaction related reason.
7. Transfer Credit Service
7.1 For Senders
These terms and conditions ("Terms") apply to and regulate your use of wallet's transfer credit service ("Credit Service"). The Transfer Credit Service allows you to request ("Transaction Request"), using the transfer credit function in your wallet account ("Account"), that we carry out a transaction ("Transfer Credit Transaction") to transfer an amount specified by you ("Transfer Amount") from your wallet account to your designated recipient ("Recipient").
- To use the transfer credit service, you will need to:
- have a valid and active wallet account; and
- have verified your identity ("KYC") by us
- If you wish to carry out a transfer credit transaction, you must submit a transaction request to initiate such transfer credit transaction. When submitting a transaction request, you shall provide such information as may be requested by us (including the recipient's contact details); and
- You are responsible for ensuring, and you warrant, the truthfulness, accuracy and completeness of all information provided in respect of such transaction request, including but not limited to the recipient's contact details.
- Once a transaction request has been credited into the recipient's account, you will not be able to withdraw, cancel or make any changes to such transaction request.
- We shall be entitled, at our absolute discretion, to reject or refuse to accept or process or to cancel any transaction request or transfer credit transaction and shall not be required to give any reason for the same.
- Following the acceptance by us of a transaction request, the recipient will, depending on the contact details provided by you, be notified by email, or through SMS, that you have transferred the credit to the recipient's account.
- The transfer amount that has been transferred by you (whether pursuant to a single or multiple transaction requests) is subject to a daily limit of SGD 1,000 (One Thousand Singapore Dollars) per transaction, and/or a monthly limit of SGD 3,000 (Three Thousand Singapore Dollars) worth of total transactions. This limit is reset at midnight (country time) daily. We may, in our absolute discretion, alter any limit or impose additional limits on the transfer amount(s) that may be transferred by you, whether on a per transaction basis or an aggregated basis, without prior notice to you.
- You acknowledge and agree that you are responsible for providing the correct recipient's contact details to enable the transfer credit transaction into the recipient's account and ensuring that the recipient safekeeps and maintains the confidentiality of his own account.
- You hereby instruct and authorise us to debit your account and transfer or procure the transfer of the transfer amount to the recipient's account.
- The recipient must have a valid wallet account. The recipient must request an OTP to enable the transfer credit transaction to be credited into his account, must comply with such instructions as may be prescribed by us and have the KYC process done in order for the transfer amount to be credited into his/her account.
- If the transfer credit transaction is unsuccessful but the transfer amount has been debited from your account, we shall arrange for the transfer amount to be credited back to your account.
- You acknowledge and agree that, for the purposes of the transfer credit service, the account will be accessing and using the information in your wallet account, and you hereby consent to the wallet accessing and using such information for the provision of the transfer credit service and authorise us to contact your designated recipients using such information (including through private emails via your wallet account) on your behalf.
- We reserve the right to impose charges or to revise at any time such charges for the use of the transfer credit service and/or the account upon written notice to you. Such charges or revisions shall take effect from the date stated in the notice. Where you continue to use the account or submit any transaction request after such notification, you shall be deemed to have agreed to and accepted such charges or revisions to such charges.
- We expressly exclude any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of, the transfer credit service or in relation to the processing of or any other matter relating to any transaction request or transfer credit transaction. Without prejudice to the foregoing, the acceptance by us of your submission of a transaction request does not amount to a representation or warranty by us that it will, and does not impose any obligation on us to, process the transfer credit transaction or transfer the transfer amount to the recipient and we do not represent or warrant that:
- the transfer amount has been successfully transferred to the recipient's account; or
- the transfer amount has not been credited, or has failed to be credited to the recipient's account within 7 days from the date of the transaction request.
- the transfer credit service will meet your requirements;
- the transfer credit service will always be available, accessible, function or interoperate with any network infrastructure, system or such other services as wallet may offer from time to time; or
- your use of the transfer credit service or wallet's processing of any transaction request or transfer credit transaction will be uninterrupted, timely, secure or free of any virus or error.
- You acknowledge and agree that, to the extent permitted under applicable law, we shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with:
- the provision by us of or your use of the transfer credit service and/or the account;
- the processing of any transaction request or transfer credit transaction;
- any transfer credit transaction being unsuccessful or considered as unsuccessful or any transfer amount not having been transferred to the recipient's wallet account or transferred to a recipient other than the intended recipient, whether or not arising from: your negligence, misconduct or breach of any of these terms and conditions (including as a result of inaccurate information being provided by you);
- any failure, refusal, delay or error by any third party or third party system through whom or which any transfer credit transaction is made;
- any unauthorised access of the account;
- the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data: (a) relating to you and/or any recipient; (b) transmitted through your use of the transfer credit service and/or the account; and/or (c) obtained through your use of the transfer credit service and/or the account;
- any event the occurrence of which we are not able to control or avoid by the use of reasonable diligence; and/or
- the suspension, termination or discontinuance of the transfer credit service.
- To the extent that any of the limitations set out above are not permitted by law, our liability to you arising from or in respect of each transfer credit transaction, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to our provision of the transfer credit service and/or the account and/or under or relating to these terms shall not exceed the value of such transfer credit transaction.
- You represent and warrant that, in relation to each transfer credit transaction, you have obtained the necessary consent of the relevant recipient to disclose such recipient's personal data (including contact details) to us and for us to use and disclose such recipient's personal data (including contact details to contact the recipient in the manner set out in paragraph 6) as required for the purposes of the transfer credit service.
- We shall be entitled to exercise any of its rights and remedies under this terms and conditions governing online transaction services (including the right to withdraw, restrict, suspend, vary or modify wallet transfer credit service (whether in whole or in part)).
7.2 For Recipients
These terms and conditions ("Terms") apply to and regulate your use of virtual our transfer credit service ("Transfer Credit Service") to receive a specified amount of funds ("Transfer Amount") from a customer ("Sender") of Volopay who has requested wallet to transfer the transfer amount to you (such request to transfer, your request to receive and the transfer to you of the transfer amount, the "Transfer Credit Transaction"). You are required to accept and agree to these terms and conditions before you will be able to receive the transfer amount which is the subject of the transfer credit transaction.
- You may only receive the transfer amount by submitting a request using:
- the unique URL which may be accessed via the email or SMS provided to you informing you of the transfer credit transaction; or
- such other manner as may be prescribed by us in the email or SMS provided to you informing you of the transfer credit transaction, and by complying with such instructions as may be set out therein.
- In order to receive the transfer amount, you must:
- have a wallet account; and
- have passed the KYC process by us.
- You are responsible for ensuring, and you warrant, the truthfulness, accuracy and completeness of all information provided in your request to receive the transfer amount and/or when using the transfer credit service, including but not limited to the details of your designated wallet account. In addition, you represent and warrant that you are the intended recipient of the transfer amount and that you are the legal and beneficial holder of the designated wallet account to which the transfer amount is to be credited.
- We shall be entitled, at its absolute discretion, to reject or refuse to process any request to receive the transfer amount and shall not be required to give any reason for the same.
- Following verification of OTP, we shall endeavor to credit the transfer amount to your wallet account.
- If the transfer credit transaction cannot be or is not completed for any reason, we shall not be liable to you in respect of the incomplete transfer credit transaction, including without limitation, your nonreceipt of the transfer amount.
- We expressly exclude any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of the transfer credit service or in relation to the processing of or any other matter relating to a request to receive the transfer amount. Without prejudice to the foregoing, your possession or provision of the security code does not amount to a representation or warranty by us that it will, and does not impose any obligation on us to, credit the transfer amount to your wallet account and we do not represent or warrant that:
- he one time password ("OTP") sent to your mobile is invalid or has ceased to be valid; or
- any information provided by you is invalid or incorrect;
- the transfer credit service will meet your requirements;
- the transfer credit service will always be available, accessible, function or interoperate with any network infrastructure, system or such other services as we may offer from time to time; or
- your use of the transfer credit service or our processing of a request to receive the transfer amount will be uninterrupted, timely, secure or free of any error, including without limitation that you will receive the transfer amount or that you will receive the transfer amount in a timely manner.
- You acknowledge and agree that, to the extent permitted under applicable law, we shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, 10 actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with:
- the provision by us of or your use of the transfer credit service;
- the processing of a request to receive the transfer amount;
- any transfer credit transaction being considered as incomplete or any transfer amount failing to be credited to your designated wallet account or transferred to a recipient other than you, whether or not arising from: (a) your negligence, misconduct or breach of any of these terms (including as a result of inaccurate information being provided by you); or (b) any failure, refusal, delay or error by any third party or third party system through whom or which the transfer credit transaction is made;
- the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data relating to you, provided by you in the course of using the transfer credit service; and/or obtained through your use of the transfer credit service;
- any event the occurrence of which wallet is not able to control or avoid by the use of reasonable diligence; and/or
- the suspension, termination or discontinuance of the transfer credit service.
- We shall not be liable and you agree to indemnify use and keep us and our payment services indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by us in providing the transfer credit service, whether or not arising from or in connection with and including but not limited to the following:
- any improper or unauthorised use of the transfer credit service by you;
- any act or omission by any relevant mobile or internet service provider;
- any delay or failure in any transmission, dispatch or communication facilities;
- any access (or inability or delay in accessing) and/or use of the transfer credit service; or
- any breach by you of any warranty under or provision of these terms.
to the extent that any of the limitations set out above are not permitted by law, our liability to you arising from or in respect of the transfer credit transaction, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to the transfer credit service and/or under or relating to these terms shall not exceed the value of the transfer credit transaction.
8. Transaction history
You may access the wallet app or website to view the transaction history. You acknowledge and agree that we are not under any obligation whatsoever to issue a monthly statement to you detailing the transactions conducted by you through the wallet system.
9. Disputes and erroneous transactions
9.1 The details in the SMS/email confirmation message after every transaction and/or the entries in the transaction history are presumed true and correct unless you notify us in writing of any disputes thereon within twenty four (24) hours from the time of transaction. If no dispute is reported within the mentioned period, all transactions and the entries in the transaction history are considered conclusively true and correct.
9.2 Disputed transactions shall only be credited back to your wallet once the claim/dispute has been properly processed, investigated, and there has been a clear finding that you are entitled to the credit.
Part III. GENERAL
10. Applications and activation
To help the government fight terrorism and money laundering, the applicable laws require us to obtain, verify and record information that identifies each person who signs up for an account with us to use wallet and relating services. What this means for you: when you sign up for an account, we will ask for your name, address, date of birth, an identification number and other identification documents that local applicable laws require us to obtain. We appreciate your understanding and cooperation.
10.1 Only qualified members can use wallet and related services by registering online at website;
10.2 You represent and warrant to us that you:
- Are at least eighteen (18) years of age;
- Are eligible to register and use wallet and related services and have the right, power, and ability to enter into and perform under these terms and conditions;
- Provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes. Upon application, you must fill into the account opening form all requested details that establish your identity. As such, necessary documents, hard or soft copies must be provided to us to facilitate the account opening procedure. If you are a business entity, an authorized personnel to trade user must establish an enterprise account on your behalf.
10.3 It is paramount that all funds deposited by you from time to time, are of legal origin, are not the proceeds of crime, including but not limited to, proceeds of drugs trafficking or dealings in other prohibited substances or proceeds of illegal arms trades, illegal gambling, prostitution, terror funds etc.
10.4 We may, from time to time, at its sole discretion, require you to provide proof of identity (such as notarized copy of passport or other means of identity verification as we deem required under the circumstances) and may at its sole discretion suspend an account until such proof has been provided to its satisfaction.
10.5 Necessary documentation to authenticate authorized personnel will be required from time to time and we reserved the right to seek further clarification and of such clarification cannot be obtained for any reason or whatsoever, we are entitled not to act on conflicting and incomplete instructions.
10.6 Transaction limits. We may, from time to time, impose transaction limits (such as minimum transaction amounts) in connection with the wallet or vary the frequency or manner of use of the services.
11.1 To be entitled to wallet privileges and benefits, including related services, you shall pay the fees we may require. We reserve the right to and may at its sole discretion, charge and revise from time to time the privileges and benefits under wallet, including related fees. We shall, in most cases, give reasonable notice to you of the rates and other relevant information on any fees before they become effective provided that the variation is within our control. We reserve the right to amend charges of fees/commission in lieu. He continued use of the wallet and related services shall be taken as acceptance by you of the terms, benefits, and fees.
11.2 Fees for services: in consideration of our' agreement to provide the services, you shall pay to us the fees set out in (i) the estimate provided by us to you if and when you submit a request to us for such estimate; and (ii) the applicable notification by email/SMS from us and/or the website (all fees set out therein to be collectively referred to as the "Fees").
11.3 All paid annual fees are nonrefundable even if the privileges are suspended or terminated, or even if you cancel your account with us before its expiry date.
11.4 If a transaction is made in a foreign currency (not the national currency of the place where the wallet is issued), we shall convert the transaction amount into the local currency according to our usual practice. Unless a particular rate is required by applicable law, you authorize us to choose a conversion rate that is acceptable to us for that date.
11.5 Currently, the conversion rate we use for a transaction in a foreign currency is no greater than (a) the highest official conversion rate published by a government agency, or (b) the highest interbank conversion rate identified by us from customary banking sources on the conversion date or the prior business day. This conversion rate may differ from rates in effect on the day of your transactions.
11.6 Mode of payment: all payments made hereunder shall be made in accordance with our instructions including instructions regarding the mode of payment and the currency of payment, and shall be made net of all bank charges (including any charges which may be levied by the receiving bank), which shall be borne by you. Unless otherwise stipulated by us, all payments hereunder to us shall be made in Singapore dollars.
11.7 Taxes & charges: the fees are exclusive of all or any taxes, duties and charges imposed or levied by the appropriate local or overseas governmental agencies, financial institutions or other third parties in connection with the services or otherwise pursuant to this terms and conditions (including any applicable sales, use, value-added, transaction, goods and services or other similar taxes goods and services tax), all of which shall be borne by you. In the event that any amounts payable by you to us under this terms and conditions are subject to any withholding tax, you shall deduct such withholding taxes from payments due to us and forward the balance to us. You shall provide the necessary supporting documentation to us of the payment of such withholding taxes to enable us to obtain the credit for such tax payment in its country of incorporation.
12. Your information and consent
12.2 Singapore law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you. In addition to the information that you submit, our systems are programmed to gather certain anonymous data to help us understand how the services are being used and how we can improve it. This automatically gathered data includes your computer's IP or "internet protocol" address, statistics about how visitors navigate through the services, and information provided through the use of "cookies".
12.3 Verification and checks. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. You can be rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with applicable laws.
12.4 By accepting these terms and conditions you authorise us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, requiring you to take steps to confirm ownership of your billing address or email address; or by verifying your information against third party databases; or through other sources.
12.6 You agree that we may (a) record telephone conversations between you and us and (b) use such recordings, or electronic transcripts from such recordings, as evidence in any dispute or anticipated dispute. To ensure quality of customer service, you agree to allow us to monitor telephone calls between you and us from time to time.
12.7 Consent to disclosure & provision of information. Information relating to any access or use of the services or which have been collected from you may be shared by us with our service providers, agents or business partners and affiliates that we work with in connection with our business. Specifically, the information may be used for the following purposes and you consent to us and/or our personnel disclosing any information, whether in Singapore or otherwise:
- To any of our agents, subcontractors, partners or affiliates which have a legitimate business purpose for obtaining such information, including offering you products or services in connection with or to facilitate the use of the services;
- To any of our agents, personnel, subcontractors or any other third party as we may consider necessary in order to give effect to any electronic instructions or transaction or to comply with any order or request of any court or governmental or regulatory authority in any jurisdiction;
- To any of the following where such disclosure is reasonably regarded by us to be necessary to complete any transaction or to carry out the electronic instructions:
- To any person using the services purporting to be you; and
- To any information gathering or processing organisation or department conducting survey(s) on our behalf; and
- To third parties for the purpose of statistical or trade analysis.
13. Electronic instructions and your responsibilities
13.1 Security code
- Access to and use of password protected and/or secure areas or features of the services are restricted to authorised users only. You may not obtain or attempt to obtain unauthorised access to such parts of the services, or to any other protected information, through any means not intentionally made available by us for your specific use.
- You will be required to select or designate a password, personal or logon identification number and other code and/or adopt certain access or security procedures (such items to be referred to as "security code") for use in connection with access to the services or use of the facilities provided through the services. You hereby agree to keep the security code confidential. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the security code has been compromised or if there has been any unauthorised use of the security code.
- You agree to be bound by any access or use of the services (whether such access or use are authorised by you or not) which are preferable to your security code. You agree and acknowledge that any use of or access to the services referable to your security code and any electronic instructions shall be deemed to be, as the case may be:
- use of or access to the services by you; or
- electronic instructions transmitted or validly issued by you. You agree and acknowledge that any use of or access to the services and any information or data referable to your security code shall be deemed to be (a) use or access of the services by you; or (b) information or data transmitted or validly issued by you, or both and you agree to be bound by any access or use (whether such access or use are authorised by you or not) referable to your security code, and you agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you.
13.2 We are under no obligation to investigate the authenticity or authority of persons effecting the electronic instructions or to verify the accuracy and completeness of the electronic instructions. Accordingly, we may treat the electronic instructions as your authentic and duly authorised instructions which are valid and binding on you notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of the electronic instructions.
13.3 Any risk of misunderstanding, error, loss, damage or expense resulting from the use of the services are entirely at your own risk and we shall not be liable therefor.
13.4 All electronic instructions will be deemed to be irrevocable and unconditional upon transmission through the services and we shall be entitled (but not obliged) to effect, perform or process such electronic instruction(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances you may request to cancel or amend the electronic instructions which we shall endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any electronic instruction.
13.5 You acknowledge and agree that:
- We may at any time at our sole discretion and without stating reasons, require that you identify yourself by alternative means; require any electronic instructions to be confirmed through alternative means (in writing given in person at a branch, by fax, and etc.);
- We may at any time decline to act on the electronic instructions at any time without prior notice or giving any reason, including to: (without incurring any responsibility for loss, liability or expense arising out of so declining to act refrain from acting promptly upon any electronic instructions) (a) verify the authenticity thereof (b) decline to act on the electronic instructions where they are ambiguous, incomplete or inconsistent with your other electronic instructions or instructions, information and/or data (c) decline to act where any electronic instructions would cause you to exceed your applicable transaction limits; or (d) decline to act on the electronic instructions where we did not receive authorisations from other banks or financial institutions in the form required by use; and
- Electronic instructions may not be processed immediately, around the clock or in a timely manner, and that we shall not be liable for any loss, damage or expense arising from any delay in processing or executing any electronic instructions.
13.6 Notwithstanding any provision to the contrary in this terms and conditions, you acknowledge and agree that in the event that we discover or have been notified by the service providers that the funds to be or which have been sent under the services are to be or have been debited from any other internet banking account or card account you may have other than your internet banking account and/or your card account maintained with us, we may at any time, at its sole discretion and without stating reasons or notice, reverse any or all electronic instructions which you have transmitted or issued to, and which have been received by, us and/or impose an administration processing fee for such reversal and/or terminate this terms and conditions and your right to use the services.
13.7 You hereby agree to indemnify and render us, our directors, officers, employees, agents and assign free and harmless from and against any claim, cause of action, suit, liability, and loss or damage of whatever nature that may arise as a result of or in connection with the use of your account and the transactions made with it in the following instances: (a) disruption, failure, or delay relating to or in connection with the use of your account due to circumstances beyond our control; fortuitous events such as, but not limited to, prolonged power outages, breakdown in computers and communication facilities, computer related errors, system errors, system enhancements, system migration and integration, typhoons, floods, public disturbances and calamities, and other similar or related cases; (b) fraudulent or unauthorized utilization of your account due to unauthorized disclosure, or breach of its security or confidentiality with or without your participation; or (c) inaccurate, incomplete, or delayed information received by us due to disruption or failure of any communication facilities or electronic device used for your account.
14. Suspension, cancellation, termination, nonrenewal
Your account and/or the wallet, services or any part thereof may be cancelled by us at any time without prior notice to you. After cancellation, account and/or the wallet, services or any part thereof may be reinstated in such manner and on these terms and conditions as we may at our absolute discretion determine.
14.1 Discretion. Without giving any reason or prior notice, and without prejudice to the other provisions in these terms and conditions, we have absolute discretion to: (a) refuse approval of 23 any proposed transaction even if the Volopay wallet linked to the wallet has sufficient balance; (b) terminate or cancel your right to use your account, wallet and related services; (c) increase or decrease the transaction limit; (d) refuse re issuance, renewal, or replacement of wallet; or (e) introduce, amend, vary, restrict, terminate, or suspend the benefits, related services, facilities, and privileges in respect of or in connection with your account, wallet.
14.2 Termination by us notwithstanding anything, we may close and revoke any one or all your account, wallet and services, with or without notice to you, if:
- You do not follow our instructions in connection with your wallet account or related services or you do not comply with any applicable law;
- We believe you have (i) offered, promised or given any bribe; or (ii) agreed to receive or accepted any bribe;
- In our opinion, any wallet account is not operated in a proper or regular manner;
- In our opinion, a business relationship with you is no longer appropriate;
- You threaten to breach or you have breached, any term in these terms and conditions, or any other agreement whether relating to the borrowing of funds or the granting of advances or credit or otherwise;
- You have given us untrue, inaccurate, incomplete or misleading information;
- You do not pay on time any amount due to us;
- You pass away or become incapacitated;
- You become insolvent or bankrupt or subject to judicial proceedings;
- Your assets are in jeopardy or subject to enforcement of a judgment by any party;
- Any legal proceeding (civil or legal) or action (including garnishee order, writ of seizure and sale, injunction) is commenced or levied against you, or you have been convicted of a crime, or you or any security provider has acted inappropriately;
- Anything happens which, in our opinion, may have a material or adverse effect on your financial condition, assets or compliance with the terms of these terms and conditions;
- Any other event of default occurs under any other agreements or arrangements between us;
- Any of the events or proceedings under this clause occurs in relation to any third party who has agreed to provide or is providing security;
- It would constitute a breach of our agreement with any other party;
- It is necessary for us to do so in order for us to meet any obligation, either in Singapore or elsewhere in the world, in connection with the prevention of fraud, money laundering, terrorist activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanctions; or
- It is unlawful for us to continue to provide wallet account or any service or allow the use of the card.
14.3 You may, at any time, suspend, cancel, terminate or reactivate wallet in accordance with these terms and conditions by following the required steps specified at https://www.volopay.co/
. You acknowledge that such actions may be charged a fixed amount for such changes.
14.4 Upon cancellation or termination of your account, wallet or any part thereof:
- All rights and benefits granted to you shall immediately be terminated and shall revert to us;
- You cannot and must not use your wallet;
- We may at our absolute discretion, decide not to act on any confirmation or request received by you after the effective date of termination;
- We may at our absolute discretion, decide not to act on any confirmation or request received by us between the date of notice given to you and the effective date of termination (if there is a lapse of time between the two dates).
15. Intellectual property rights
15.1 The Volopay services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by Volopay
15.2 The Volopay services may be used only for the purposes permitted by these terms and conditions or described on this website. You are authorized solely to view and to retain a copy of the pages of the Volopay website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Volopay website, the Volopay service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Volopay website or the Volopay service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Volopay website (or printed pages of the website). The name Volopay and other names and indicia of ownership of our products and/or services referred to on the Volopay website are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.
15.3 Wallet and relating services, including services and products are our sole properties and/or its licensors and are subject to our existing policies, rules, and regulations. Wallet and related services are protected by copyright, trade secret and other intellectual property laws. We and/or our licensors own the title, copyright and other worldwide intellectual property rights in all services relating to wallet and related services. Using the wallet and related services does not grant you any rights to our trademarks or service marks.
15.4 For the purpose of these terms and conditions, intellectual property rights shall mean all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals and extensions thereof, under the laws of Singapore and any country, territory or other jurisdiction.
15.5 You may choose to, or we may invite you to submit comments or ideas about wallet and related services, including but without limitation about how to improve any service or product. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and shall not place us under any fiduciary or other obligations, and that we shall be free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.