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.
- 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. In the
event that a third party is tasked to redeem the pledge(s), you are
required to issue an authorization letter. The redemption will only be
done upon receiving confirmation from you.
- 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 SERVICE
- 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.