E-Services Terms
Please read
these MoneyMax E-Services Terms and Conditions ("E-Services
Terms") carefully (including our Privacy Policy
[moneymax.com.sg/privacy-policy] before applying for and/or using the
E-Services (defined below), or downloading or installing the MoneyMax E-Services App (defined below), so that you are
aware of your legal rights and obligations with respect to MoneyMax
Financial Services Ltd. ("MoneyMax",
"we", "our" or "us") .
MoneyMax
E-Services facilitates access to information on your E-Services Account
(defined below) in order for you to carry out certain transaction services by
electronic means with the MoneyMax Group, including
interest payment and pawn loan renewal, subject to the terms and conditions set
out below.
By applying for and/or using the E-Services, or
downloading or installing the MoneyMax App, you agree
to be bound by the E-Services Terms and Conditions ("E-Services
Terms") and such other terms and conditions relating to the
E-Services Service or MoneyMax E-Services App as may
be prescribed by MoneyMax from time to time.
Updates
on MoneyMax’s collection, use and
disclosure of NRIC/ FIN/ Passport numbers following 22 November 2019:
In line with the NRIC Guidelines effective from 1
September 2019, MoneyMax has ceased to use NRIC, FIN
and Passport numbers as its User ID for MoneyMax’s E-Services.
Users are required to use their email address as their User ID.
- DEFINITIONS
- In these E-Services Terms, the following words and expressions
shall have the following meanings: -
- "Accounts" means all
eligible linked accounts that you now or hereafter have with the MoneyMax Group in respect of items you have pawned
or pledged with the MoneyMax Group.
- "Authorised Signature" means
a signature signed by you upon registration of your E-Services Account
with MoneyMax.
- "E-Services" means
all services to be performed electronically relating to interest
payment, pawn loan renewal, instalment payment and any other services,
features, technologies and/or functionalities which MoneyMax
may make available on or through the MoneyMax
E-Services App or MoneyMax E-Services Website
or any other channel through which MoneyMax
may offer the above services from time to time.
- "e-Ticket" means an
electronic record confirming the successful interest payment, pawn loan
renewal or other Transaction through the E-Services and shall include
printouts of such electronic records.
- "Instructions" means
any communication, instruction, order, message, data, information or
other materials received by us via your E-Services Account, or otherwise
from you or purporting to come from you.
- "MoneyMax Affiliate" means any entity which controls, is controlled by or is
under common control with MoneyMax.
- "MoneyMax Group" means MoneyMax and the MoneyMax Affiliates.
- "MoneyMax E-Services App" means the mobile application known as MoneyMax
E-Services App, which can be downloaded and installed by you in your
compatible mobile device.
- "MoneyMax E-Services Website" means the Internet website at [eServices.moneymax.com.sg]
and the contents available on such website (including the E-Services).
- "Password" means any
personal identification number, word, phrase, symbol, code or other
identification (electronic or otherwise, transient or permanent
including One-Time Passwords) that is needed for:
(a) access and use of the E-Services or any E-Services Account; and/or
(b) identification, authorization and/or authentication of the user of
the E-Services.
- "Payment" means a
Transaction which effects a transfer of money from you to MoneyMax for one or more Accounts.
- "Payment Method" means
a method of effecting Payment provided through the E-Services (for
example, PayNow), as may be updated by MoneyMax from time to time.
- "Payment Method Provider" means
the third party providing and/or facilitating the Payment Method.
- "Transaction" means
any transaction or instruction effected or issued, or purported to be
effected or issued, by you through the E-Services.
- "Transaction Information" means
any information or particulars relating to you, the E-Services Account,
the Instructions or any Transaction.
- "Username" means the
personal identification name, number, character or combination of any of
these which identifies the registered user of the E-Services
- "you" or "your" means
the registered user of the E-Services.
- E-SERVICES TERMS
- These E-Services Terms apply to your access and use of the
E-Services and MoneyMax E-Services App.
- The E-Services is owned and operated by MoneyMax.
E-Services or parts of the E-Services may at times be performed by any MoneyMax Affiliate for and on behalf of MoneyMax. You acknowledge and agree that the MoneyMax Affiliates will be entitled to provide the
E-Services to you.
- In order to use the E-Services, you must open and maintain an
E-Services Account, which is available to persons whom we deem to be
eligible and who possess a valid and existing mailing and email address,
and mobile number. If at any time you cease to have an eligible
E-Services Account or if your mailing or email address or mobile number
is invalid or not current, we reserve the right to suspend [and/or
terminate] your access to the E-Services without notice or liability.
- These E-Services Terms supplement and are to be read together with
the terms and conditions of any other document or agreement governing
your relationship with us, collectively referred to as the
"Applicable Terms".
- If there is any conflict or inconsistency between these E-Services
Terms and the Applicable Terms, these E-Services Terms shall take
precedence over the Applicable Terms to the extent necessary to give
effect to these E-Services Terms.
- Interest Interest is charged on a monthly/ 30-day
or part thereof basis. When you renew a pawn ticket, a new pawn ticket is
issued and the next renewal date shall be based on the issuance date of
the new pawn ticket.
- Renewal Transactions Upon successful payment of interest through E-Services,
the relevant pawn ticket shall be automatically renewed for a further
period of six (6) months in accordance with the applicable terms under
the Pawnbrokers Act.
All payments made via MoneyMax eServices are final and strictly non-refundable. MoneyMax shall not be obliged to refund any payment once
the renewal has been effected, including but not limited to circumstances
where:
· the Customer has made an error in the
payment amount or transaction;
· the Customer no longer wishes to
proceed with the renewal; or
· the Customer subsequently redeems or
terminates the pledge.
The Customer is responsible for ensuring that all payment and
renewal details are accurate before confirming the transaction.
- Exclusion of Redemption from E-Services. You acknowledge that the pledge(s) with any entity within
the MoneyMax Group can only be redeemed with
the original pawn ticket, along with your proof of identity (NRIC, FIN
card or passport). The redemption of the pledges can only be done by you
at the MoneyMax outlet at which you had originally
pledged your item.
- REGISTRATION AND AUTHORIZATION
- To register for the E-Services, you must proceed to your nearest MoneyMax outlet and you will be required to complete
an E-Services registration form. You undertake to provide us with true,
accurate and complete information and your Authorised Signature, and must
promptly notify us of any change in the information provided. You will be
solely responsible for the consequences of us acting or not acting on any
inaccurate, incomplete, garbled, illegible or outdated information that
you provide us.
- We reserve the right to reject any application to register for the
E-Services Service.
- By submitting an E-Services registration form, you acknowledge and
confirm that we may link your Accounts and that the entities within the MoneyMax Group may collect, process, use and disclose
all information related to your Accounts for the purposes of setting up
and maintaining your E-Services Account, providing you with the
E-Services and the other purposes set out in Clause 14.
- By providing us with your Authorised Signature, you expressly
agree to the following:
- that MoneyMax and the MoneyMax Affiliates are authorised to use and
reproduce the Authorised Signature in electronic form on any e-Ticket
issued in relation to any Transactions under your E-Services Account;
- that all e-Tickets issued under or in relation to your E-Services
Account and which bear the Authorised Signature are valid and binding;
and
- you warrant and undertake not to dispute or otherwise bring any
claim, action or proceeding against MoneyMax
or any MoneyMax Affiliate in relation to the
use of your Authorised Signature in accordance with these E-Services
Terms.
- SECURITY/CONFIDENTIALITY
- Username and Password: You
must take all precautions to safeguard and keep your Username and
Password confidential to prevent fraudulent or unauthorised access to
your E-Services Account and/or use of the E-Services. Your Password may
be sent by us, at your risk by email to your last known email address, or
mobile number. It is your responsibility to inform us of any change of
your email address or mobile number. You shall be responsible for
obtaining and using the necessary software and/or device, hardware and/or
equipment necessary to obtain access to the E-Services at your own risk
and expense.
- Reporting: You must make a report to
us as soon as possible when you suspect or become aware that:
- your Password is lost, stolen, misused or tampered with;
- someone else knows your Username and/or Password;
- there has been unauthorised access to or use of your Username
and/or Password;
- there has been any unauthorised Transaction or Payment;
- there has been any unauthorised access to your E-Services
Account;
- there has been an error in your Transaction
information/history or you need more information about a Transaction
listed in your Transaction information/history.
- To report to us, please contact any MoneyMax
outlets and provide the following details
- Your name, or the name you registered under your E-Services
Account (if any);
- A description of the suspected unauthorised Transaction or error
and an explanation as to why you believe it is incorrect or why you need
more information to identify the transaction; and
- The amount of any unauthorised Transaction or error.
- MoneyMax and
the MoneyMax Affiliates shall not be liable to
reimburse any Payment or to reverse any Transaction that you have made as
a result of your error or negligence or breach of these E-Services Terms.
- Responsibility for any loss/damage You
are responsible for the confidentiality and use of your Username and
Passwords. It is vital that you take steps to prevent disclosure or
discovery of the Username and Passwords provided to you as you are solely
liable for financial loss incurred or any Transactions carried out in
connection with any unauthorized use of the Username or Passwords. You
agree that we shall not be liable for any loss or damage arising from
loss, theft, unauthorised use, misuse or tampering of your Username,
Password or E-Services Account or any defect, default, deficiency,
malfunction, interference or any consequence arising as a result of your
failure to comply with Clause 4.1 Clause 4.2 above or any other security
measures to be undertaken by you pursuant to the Applicable Terms.
Further, you agree that we shall not be liable to reimburse any payment
that you have made as a result of your error or negligence or breach.
- You acknowledge the following Internet-related risks:
- Insufficient technical knowledge and lack of safety precautions
can make it easier for unauthorized third parties to access your systems
or devices (for example, insufficiently protected storage of data on the
hard disk, file transfers and monitor emissions), and it is your responsibility
to take the necessary security precautions.
- Your usage patterns may be monitored by third parties.
- Third parties could gain unnoticed access to your computer system
or device and detect your access to the E-Services and your
communication with us.
- Viruses and other malicious code may interfere with the
E-Services, the channel, the web browser or any relevant
telecommunication device or computer systems.
- SMS Alerts Service You will
automatically be enrolled in the Short Message Service (SMS) alerts ("Alerts") service
subject to your E-Services Account being in good standing. Alert
notifications will be sent via SMS to you. The service is subject to the
terms of your agreement with your mobile phone service provider. You
shall ensure that your mobile phone and number is able to receive text
messaging both in Singapore and overseas and you shall be responsible for
any fee imposed by your respective mobile phone service provider. Each
Alert is not encrypted and may include details pertaining to your
Transaction(s). You are responsible for the security of your mobile
phone. We shall not be liable in any way to any party should any Alert be
viewed or accessed by persons other than you. We shall not be liable for
any or all losses, damages, expenses, fees, costs (including legal costs
on a full indemnity basis) that may arise, directly or indirectly, in
whole or in part from a) the non-delivery, the delayed delivery, or the
misdirected delivery of an Alert; b) the non-receipt of an Alert; c)
inaccurate or incomplete content in an Alert; d) reliance on or use of
the information provided in an Alert for any purpose; or e) any third
party, whether authorized or not, obtaining your E-Services Account
information contained in the Alert by accessing your mobile phone.
- E-SERVICES USAGE
- You will be responsible for all Transactions through the
E-Services made by any person, with or without your authority, knowledge
or consent, and may not claim against us in connection with any such use
or purported use.
- You shall settle any claims against or disputes with any Payment
Method directly with the Payment Method Provider, and not with us.
- In using the E-Services Service, you agree not to:
- breach these E-Services Terms;
- violate any law, statute or regulation;
- infringe any intellectual property right;
- impersonate any person or entity;
- provide false, inaccurate, incomplete or misleading information;
- engage in money laundering activities;
- engage in potentially fraudulent, suspicious or illegal activity;
- refuse to cooperate in any risk review or investigation conducted
by any entity within the MoneyMax Group, or
provide any confirmation of any information about yourself as any entity
within the MoneyMax Group may request;
- take any action that imposes an unreasonable or disproportionately
large load on MoneyMax infrastructure;
- use any unauthorised third-party software designed to access,
crawl or collect from the MoneyMax E-Services
Website or MoneyMax E-Services App; or
- use any unauthorised third-party software that intercepts,
mines or otherwise collects information from or through the MoneyMax E-Services Website or MoneyMax
E-Services App.
- MoneyMax
reserves the right at any time, and without notice or liability to:
- modify, suspend or discontinue, temporarily or permanently, the
whole or any part of the E-Services or MoneyMax
E-Services App; and/or
- restrict, suspend or terminate your access to all or any part of
the E-Services or the MoneyMax E-Services App,
without assigning any reason.
- MoneyMax
reserves the right at any time, and without notice or liability to
terminate, deactivate or suspend your E-Services Account, delete your
E-Services Account and all related information and fields in your
E-Services Account, in the event that your E-Services Account has been
inactive for a period of 3 years or more, or if you are in breach of any
of the E-Services Terms.
- INSTRUCTIONS
- Any use of and/or access to the E-Services Service through your
User Name and Password or via your E-Services Account shall be deemed to
be use of and/or access to the E-Services Service by you.
- Any Instructions shall be deemed to be transmitted or validly
issued by you.
- We are under no obligation to verify the authenticity or accuracy
of the Instructions.
- All Instructions are irrevocable and unconditional upon
transmission through the E-Services Service. We are entitled (but not
obliged) to effect or process such Instructions without any further
consent from or reference or notice to you.
- PAYMENTS
- Payment may be effected through eNETS or
any other Payment Method as we may make available to you from time to
time. You have no claim against us for any failure, disruption or error
in connection with your chosen Payment Method.
- MoneyMax reserves the right at any time to modify or discontinue,
temporarily or permanently, any Payment Method without notice to you or
giving any reason. You agree that you are subject to the applicable user
agreement of your Payment Method.
- If GST is charged on any payment, you will pay such GST in
addition to all sums payable and indemnify us against any payment we are
required by law to collect and make in respect of such GST.
- You authorise us to debit your linked Account for all charges and
payments for the provision and/or use (authorized or unauthorised) of the
E-Services Service and any other liabilities, losses, damages or expenses
suffered or incurred by us as a result of our provision and/or your use
(authorized or unauthorised) of the E-Services Service. It is your
responsibility to ensure sufficient available funds to meet any request
for payment of monies.
- INTELLECTUAL PROPERTY RIGHTS
- All the intellectual property rights in and to the E-Services and
the MoneyMax E-Services App, including their contents, are owned by or
licensed for use by MoneyMax. You may view, electronically copy, and
print in hard copy, portions of the contents of the E-Services and
MoneyMax E-Services App for your own personal, non-commercial use. Save
as set out above, you shall not reproduce, distribute, publish, modify,
display, broadcast or transmit in any manner or store in an information
retrieval system any part of the E-Services Service, the MoneyMax
E-Services App or their contents, without our prior written consent.
- The trademarks, service marks, graphics and logos displayed on the
E-Services and MoneyMax E-Services App are the sole and exclusive
property of MoneyMax and/or the MoneyMax Affiliates, or that of other
relevant third parties. You do not have any right or license for any
reproduction or use of any such trade mark, service mark, graphic and
logo.
- MoneyMax and the MoneyMax Affiliates do not own, control nor have
any responsibility or liability for any third party software application
you may use in connection with the E-Services and MoneyMax E-Services
App. Any such third party software application you may use is subject to
the user agreement of the third party. You may not claim against us for
any loss or damage resulting from such use.
- TERMINATION
- We may terminate the E-Services Terms at any time, without prior
notice to you or giving any reason. Where we have not given prior notice,
we shall as soon as practicable notify you of such termination by any
notification method we choose. Such termination shall be effective on and
from the date we specify in the notice to you.
- Termination will not affect any rights or obligations accrued
prior to the date of termination. You will still be responsible for any
Transaction or Payment authorised or purportedly authorised by you prior
to the date of termination.
- Any provision of these E-Services Terms capable of having effect
after the termination of these E-Services Terms shall remain in full
force and effect following the termination of these E-Services Terms.
This includes but is not limited to Clause 4, Clause 8, Clause 10, and
Clause 12.
- NO WARRANTIES
- You agree that your use and/or access the E-Services and/or
MoneyMax E-Services App is entirely at your own risk.
- While we make every effort to ensure that the E-Services and
MoneyMax E-Services App are accurate and complete, the E-Services and
MoneyMax E-Services App are provided 'as is', and 'as available'. Except
as specified in these E-Services Terms or the Applicable Terms, MoneyMax
and the MoneyMax Affiliates provide the E-Services and MoneyMax
E-Services App without warranties of any kind, whether express or
implied.
- To the fullest extent permitted by law, MoneyMax and the MoneyMax
Affiliates disclaim all warranties, express or implied, including, but
not limited to, implied warranties of satisfactory quality,
merchantability or fitness for a particular purpose, compliance with
description, or the warranty of non-infringement. Without limiting the
generality of the foregoing, MoneyMax and the MoneyMax Affiliates do not
warrant that the functions contained in or access to the E-Services
Service or MoneyMax E-Services App will be timely, available, accurate,
uninterrupted, error-free, or without omission, that defects will be
corrected, or that the E-Services Service or MoneyMax E-Services App are
free of viruses or other harmful components, or that the download,
installation or use of the MoneyMax E-Services App with any device will
not affect the functionality or performance of the device. MoneyMax and
the MoneyMax Affiliates do not warrant the truth, accuracy, adequacy,
completeness or reasonableness of the contents of the E-Services and
MoneyMax E-Services App and expressly disclaims liability for any and all
errors or omissions whatsoever.
- HYPERLINKS
- For your convenience, the E-Services may include, refer to or make
available hyperlinks, plug-ins, widgets or other connections to other
third-party websites or content (including that of the Payment Method
Providers). Such linked websites or content are not under our control and
we are not responsible for the contents of or the consequences of
accessing any such linked website or content, or for the availability,
accuracy or reliability of any such linked website or content, or for any
goods or services provided through any such linked websites.
- Any hyperlinks, plug-ins, widgets or other connections to any
other websites or content are not an endorsement or verification of such
websites or content. You agree that your use and/or access to such linked
websites or content are entirely at your own risk.
- EXCLUSION OF LIABILITY
- Without prejudice to anything contained in these E-Services Terms,
MoneyMax and the MoneyMax Affiliates shall not be liable in any manner
whatsoever for any damage, loss or expense including without limitation,
direct, indirect, special, or consequential damage, or economic loss,
loss of profit or data, arising from or in connection with:
- any use and/or access or the inability to use and/or access the
E-Service;
- any Transaction or Payment;
- any loss or abuse or unauthorised disclosure of information
(including Username or Password); or
- any system, server or connection failure, error, omission,
interruption, interception, delay in operation or transmission, or
computer virus.
- Any downloading of data from the MoneyMax E-Services or MoneyMax
E-Services App is done solely at your risk, and MoneyMax and the MoneyMax
Affiliates do not warrant that such data or the MoneyMax E-Services or
MoneyMax E-Services App is free from any computer virus or other
malicious, destructive or corrupting code, agent, program or macros.
- MoneyMax tries our best to ensure that the information and data
available on the E-Services and MoneyMax E-Services App is correct and
up-to-date. MoneyMax reserves the right to periodically make changes to
the information or data on the E-Services and MoneyMax E-Services App.
This exclusion clause shall take effect to the fullest extent permitted
by law.
- MISCELLANEOUS
- Severability. If any term of these E-Services Terms is unlawful or
unenforceable under any applicable law, it will, to the extent permitted
by such law, be severed from these E-Services Terms and rendered
ineffective where possible without modifying the other terms of these
E-Services Terms, which shall continue in force.
- Entire Agreement. These E-Services Terms and any subsequent
amendments to it constitute the entire agreement between you and
MoneyMax.
- Subject to Change. These E-Services Terms may be amended by us at
any time by posting a revised version on or through the E-Services. You
should check the terms regularly. The revised version shall be effective
on and from the date we specify. Should you not agree with the revised
version, you should discontinue your use and/or access of the E-Services.
- No Waiver. Waiver of any rights or remedies by MoneyMax must be in
writing and signed by an authorised representative of MoneyMax. Any
failure or delay by MoneyMax in exercising or enforcing any right we have
under these E-Services Terms does not operate as a waiver of and does not
prejudice or affect our right subsequently to act in accordance with our
rights.
- Communications. All communications (including but not limited to
notices) from MoneyMax to you may be made available through the
E-Services. We will not be responsible for your failure to receive such
communications if such failure is due to (without limitation): (a)
errors, faults or defects in your electronic device or telecommunication
service provider; or (b) your failure to regularly check the E-Services.
We may from time to time designate other acceptable modes of
communications and the time by which such notice shall be deemed given.
- Force Majeure. MoneyMax shall not be liable for failure to perform
its obligations under these E-Services Terms where such performance is
delayed due to fire, flood, explosion, war, embargo, riot, strikes,
accidents, epidemics, acts of God, acts of terrorism, government action
or regulation, telecommunication or utility failures, power outages, or
an unforeseeable intervention of any government or regulatory authority
that causes complete business interruption or any other event beyond its
reasonable control ("Force Majeure") and shall be excused from
such obligation for the duration of the Force Majeure.
- PROVISION OF INFORMATION
- By using the E-Services and/or MoneyMax E-Services App, you
acknowledge, accept and agree that:
- we may collect information relating to you or your use of the
E-Services and/or MoneyMax E-Services App, including any Transaction
Information which may or may not contain your personal information;
- information that we collect may be used for the following
purposes:
(a) registering an E-Services Account for you;
(b) verifying your identity and Account information;
(c) providing the E-Services or MoneyMax E-Services App to you;
(d) facilitating any Payment or other Transaction upon your Instruction;
(e) communicating with you, including:
(i) to provide Alerts to you in accordance
with Clause 4.7;
(ii) to provide updates to you on Transactions or other matters relating
to your E-Services Account;
(iii) to respond to your queries, requests and/or feedback; and
(iv) to inform you of news, updates, services of MoneyMax, which may be
of interest to you.
(f) improving our services;
(g) preventing, detecting and and/or investigating error, fraud, crime
and criminal activity;
(h) protecting and enforcing our contractual and legal rights and
obligations;
(i) ensuring our compliance with all relevant
laws, regulations, guidelines, and codes of practices; and
(j) any other purposes permitted by law, or otherwise consented by you.
- your information (including Transaction Information) may be
disclosed to the MoneyMax Affiliates or our third party service
providers (including any Payment Method Provider) or such other third
party, to the extent required to carry out the purposes set out in
Clause 14.1.2. Such disclosure and use of your Transaction Information
may be necessary or inevitable for the purposes of giving effect to any
Instruction from you and/or to facilitate or enable your use of the
E-Services or the MoneyMax E-Services App. We may not be able to provide
the E-Services or the MoneyMax E-Services App to you if you do not allow
such disclosure, access to or use of your Transaction Information.
- Neither we nor any MoneyMax Affiliate or any of our personnel
shall be liable for any loss or damage suffered by you as a result of any
disclosure of any of your information (including Transaction Information)
which you have consented to us collecting, using or disclosing or where
such collection, use or disclosure is allowed under the applicable laws
in Singapore.
- Our authority to collect, use or disclose your information in this
Clause shall be in addition to and without prejudice to our other rights
of disclosure pursuant to any applicable laws.
- Where the context permits, all references to "we",
"our" or "us" in this Clause 14 shall include a
reference to the MoneyMax Affiliates.
- PRIVACY POLICY
- We will comply with all applicable data protection laws on
protecting personal data (as defined in the Personal Data Protection Act
2012) that we receive in connection with the use of the E-Services.
- Your personal information is covered by our Privacy Policy which
is deemed to be part of these E-Services Terms.
- CONTRACTS (RIGHTS OF THIRD PARTIES) ACT
- A person who is not a party to these E-Services Terms has no right
under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce
anything in these E-Services Terms (except as expressly described in
these E-Services Terms).
- ANTI-MONEY LAUNDERING
- MoneyMax and the MoneyMax Affiliates are required to comply with
laws in Singapore which relate to the prevention of money laundering,
terrorist financing and the provision of financial and other services to
any persons or entities which may be subject to sanctions. MoneyMax and
the MoneyMax Affiliates may take any action which it considers
appropriate to take to comply with such laws and in so doing, MoneyMax
and the MoneyMax Affiliates will not be liable for any direct, indirect
or consequential loss or damage, including loss of profit or interest
suffered by any party.
- GOVERNING LAW
- The E-Services Terms are governed by and interpreted in accordance
with the laws of Singapore.
- You agree to submit to the non-exclusive jurisdiction of the
courts of Singapore with respect to any legal proceedings which may be
initiated in connection with your use and/or access of the E-Services or
with these E-Services Terms.