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Terms of Use

Last Updated 23 March 2022

 

Welcome to the CardsPal App. We are an all-in-1 credit card comparison mobile application that allows you to make the most of your cards. For the avoidance of doubt, the CardsPal mobile Application (“App”) and CardsPal’s website (“Site”) are owned by CardsPal Pte. Ltd. (each and collectively referred to as “CardsPal”, “us” “our” and/or “we”).

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE APP AND THE SITE IS GOVERNED BY THESE TERMS OF USE AND OUR PRIVACY POLICY. YOUR USE AND ACCESS TO THE APP, THE SITE, AND/OR ANY OF OUR SERVICES SHALL CONSTITUTE AN ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS OR USE OF THE APP AND THE SITE. 

These Terms of Use shall take effect when you click on the “I Accept” button or check box presented with these Terms of Use or, if earlier when you use any part of the Site or the App. You represent that you are lawfully able to agree to these Terms of Use. 

You confirm that any person who uses your login credentials is authorised to access and use the App and/or Site on your behalf. You shall be liable for all actions performed under your CardsPal account. The use of our services, App and/or Site is limited to users that are of legal age and who have the legal capacity to enter into and form contracts.

 

Products and services

 

CardsPal and CardsPal merchants (“Merchants”) may offer products and/or services for sale through promotions, discounts, rebates and/or other offers (“Deals”) on the App.  You acknowledge that the Deals, products and/or services are subject to availability and any further terms and conditions as may be set out on the deal page.  

You agree to comply with all applicable terms and conditions and instructions of the listed Deals, including deal page terms and instructions on purchase and redemption (as applicable). Neither CardsPal nor the Merchants shall be liable for losses arising from your failure to comply with the applicable terms and instructions. 

Should you decide to purchase a Deal from a Merchant (other than CardsPal), your contract of sale is between you and the respective Merchant and will be governed by the respective Merchant’s terms and conditions and any other applicable terms. You acknowledge that we are not a party to this contract and transaction, and we accept no contractual obligation in this regard.

If you are purchasing any Deals from CardsPal, you acknowledge and agree that such sale shall be governed by these Terms of Use and any applicable terms and conditions relating to the sale (such as the deal page terms). In the event of any inconsistency between these Terms of Use and any deal page terms, the Terms of Use shall prevail to the extent of such inconsistency.  

You further agree and acknowledge that:

– all offers and sales are subject to the Merchant’s acceptance of the order at its sole discretion. A Merchant may, at its sole discretion, refuse to process or reject your order without giving any reasons for doing so;  

– we do not guarantee that CardsPal or a Merchant will complete a transaction; 

– unless expressly stated otherwise, CardsPal is not responsible for Deals, products and/or services offered and sold by Merchants on the App;

– while a Merchant endeavours to provide an accurate description of their products and/or services, neither CardsPal nor the Merchant warrant that such description is accurate or free from error; and

– we also do not warrant that a product or service offered by a Merchant is fit for purpose and we do not guarantee the fitness, condition or quality of the products or services.  

 

A sale is not complete until you receive a confirmation from us that your transaction has been accepted. Do note that there may be unforeseen circumstances in which CardsPal and/or a Merchant is unable to process an order despite a successful confirmation of purchase.

CardsPal reserves the right to cancel, reverse or reject any transaction (including but not limited to preventing or restricting your use of the App and/or Site) if there is any suspicion of fraudulent, illicit, unlawful and/or illegal activities being conducted.    

 

Acknowledgement

You accept and acknowledge that you have not relied on any terms, conditions, representations, warranties, undertaking or inducement made on behalf of CardsPal or our Merchants which has not been expressly stated in any applicable terms and conditions.  

 

Cancellations and Refunds

Please note that Deals once purchased are non-refundable, and vouchers issued in respect of the purchased Deals cannot be exchanged for cash. Any requests for cancellations and refunds shall be at the sole and absolute discretion of CardsPal and/or the Merchant’s. CardsPal’s decision on this shall be final.

 

Investment Products and Financial Services

The information and material on the App or the Site is not an offer, solicitation, invitation, advice or recommendation for investment products, financial instruments or financial services by us. The App and the Site do not allow you to directly buy or receive investment products, financial instruments and financial services. You may be directed to third party websites from which you will be able to complete your application. 

The App and Site do not take into account the specific investment objectives, financial situation or particular needs of any particular person, and advice should be sought from a financial adviser regarding the suitability of any product before a commitment for purchase is made. 

 

No Warranty

We are not responsible for and make no representation or warranty of any kind, whether express, implied or statutory regarding such third parties, third party Sites, third party products or third-party providers’ services available through the App. You must comply with the applicable third-party terms of agreement when using the App. Your breach of any of the contracts of sale, customer agreements and applicable terms and conditions with any Merchant or third-party provider will constitute a breach of these Terms of Use. 

 

Third-Party Providers

Your use of the App and Site may require access to or use of, and/or be in connection with, the access or use of websites, software or services of a third-party provider (for example, the platform terms from which you access the App, such as Apple App Store or Google Play Store user terms, or payment services provider terms).  

To the maximum extent permitted by applicable law, CardsPal, the Merchants and our third-party providers accept no liability for any loss or damage, loss of profits or goodwill (including special, incidental or consequential loss or damage) arising directly or indirectly from your breach of any third-party provider terms (e.g. including your third-party service providers, such as breach of payment service provider terms). 

In the event of inconsistency between these Terms of Use and any third-party provider’s terms, these Terms of Use shall prevail to the extent of the inconsistency. 

 

Disclosure of information at your own risk

Third-party websites, apps or service providers may require you to disclose personal data for your use of their services (for example, a payment service provider may require you to disclose personal identification information for verification purposes, and payment information to facilitate your use of their payment services).  

Please note that you disclose information (including personal, financial and payment information) to third-party websites and Apps at your own risk. We are not responsible or liable for the information you disclose to third party websites and Apps.  

Please ensure that you read the terms and conditions and privacy policy of any third-party website and App you access before disclosing any information to these third-party websites or Apps or using their services. Do not disclose your personal data if you do not agree to such third-party websites and service providers’ terms and conditions and privacy policies.  

 

Stripe

CardsPal uses Stripe payment services to enable payments for Deals, products and/or services on the App and/or Site.  When you share your credit/debit card/payment method details to purchase products and services from CardsPal and/or the Merchants, you acknowledge and agree that you have read and agree to be bound by the Stripe Services Agreement and Privacy Policy, and any applicable Stripe’s terms and conditions.  CardsPal does not store your payment details. Your payment details are securely stored with Stripe.  

 

Jurisdiction

The App and the Site are intended for download or access by users from Singapore. If accessing the App or the Site from a particular country or jurisdiction would be illegal, you should not do so. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. 

 

Use of App / Limited Licence

Upon your download of the App, we will grant you a revocable, non-transferable, non-sublicensable and limited license to use the App on a mobile device you own and control for your personal purposes until your account with us is terminated and cease to be in effect, or until such time which we may communicate to you. This limited licence shall be further subject to these Terms of Use.

You agree that:

– your use of the App and access to the Site is for lawful purposes, and you shall conduct any activity in good faith; and

– any information, data or reviews that you post or cause to appear on the App is accurate and not inappropriate.

 

Disclaimer

The information on the App or the Site is provided for general information only. We make no representation or warranty of any kind, whether express, implied or statutory, regarding the material and information contained or referred to in the App or the Site. 

The App and the Site may contain articles and materials written by third party authors or contributors. All opinions or analysis expressed are those of the author (whether the author is from CardsPal or a third-party contributor) and do not reflect the views of CardsPal. 

Any inclusion of hyperlinks on the App or the Site or API connectivity to third parties does not imply any endorsement of the material on such third-party Sites. Any hyperlink exists for information purposes and is for your convenience only. We are not responsible for the contents of third-party websites. If you visit third party websites, then your rights and obligations while accessing and using those Sites will be governed by the agreements and policies relating to the use of those third-party websites. 

 

Limitation of liability

To the maximum extent permitted by applicable law, we accept no liability for any loss or damage, loss of profits or goodwill (including special, incidental or consequential loss or damage) arising directly or indirectly from your use of the App or the Site, howsoever arising from, but not limited to: 

– any defect, error, imperfection, fault, mistake or inaccuracy with the App or the Site, its contents (including content from third-party providers), associated services, or due to any unavailability of this Site or any local website or any part thereof or any contents or associated services; 

– action taken, or not taken in reliance on material, content or information contained on the App or the Site; and 

– any computer viruses, Trojan horses, worms, software bombs or similar items. You click on any hyperlinks or download any software or data at your own risk. 

 

Email subscription service

We may send you email alerts relating to any exciting Deals, products and/or services offered by CardsPal or other third parties. You may choose to unsubscribe from receiving marketing materials at your email address at any time through the unsubscribe button in any email you receive from us. If you wish to opt out of receiving marketing materials via means other than email, please get in touch with us at privacy@cardspal.com.

However, you may wish to note that it may take up to 30 calendar days for your withdrawal of consent to receive marketing materials to be reflected in our systems. Therefore, you may still receive marketing materials during this period. We will continue to use and process your personal data in accordance with our privacy policy to provide services to you. Please refer to our Privacy Policy for more details on how we handle your personal data.

 

Personal data

We are committed to protecting your personal data. You acknowledge that you have read and agree to our Privacy Policy. For the avoidance of doubt, we do not store your payment details. Your payment details are securely stored with our third-party payment services provider.  

 

Security

It is your responsibility to ensure that any user ID and/or password used by you in connection with the App or the Site is kept secure and that no person or entity other than you obtains access to that user ID and/or password, including logging off securely to prevent any unauthorised access to your confidential information. CardsPal shall not be liable to you for any loss or damage arising from any unauthorised use or access of your user ID and/or password.

 

Intellectual property rights

All rights (including, but not limited to, copyright) in and to the contents (including, but not limited to, trademarks, text, graphics, images, links and sounds) contained on the App or the Site is owned by or licensed to CardsPal or our affiliates, and may not, unless expressly permitted, be copied, modified, downloaded, distributed or published in any way without the prior written consent of CardsPal, our affiliates, or licensors, as the case may be. If any content on the App or the Site is permitted for use, you shall comply with all terms of use, conditions, guidelines, or restrictions that apply to that content. 

“CardsPal”, “CardsPal.com” and the CardsPal logo are trademarks, logos or service marks of CardsPal and no permission or licence is granted to use any such trademarks, logos or service marks without the prior written consent of CardsPal. 

In relation to any information or material you submit to CardsPal using the App, the Site and/or to our social media accounts, you hereby grant to CardsPal and our affiliates a worldwide, royalty-free, perpetual, irrevocable, sub-licensable right and licence to use such information or material for any purpose it deems appropriate, including without limitation, the copying, modification, transmission, distribution and publication thereof, unless restricted by applicable law. You represent and warrant that such information or material you submit does not infringe the rights of any other third party. 

You agree that CardsPal shall not be under any obligation of confidentiality to you regarding any such information or material submitted to it using the App, the Site and/or our social media accounts unless otherwise agreed in a separate direct contract between you and CardsPal or required by law. 

 

Social media community guidelines (“Guidelines”)

We welcome you to the CardsPal Community, where we are committed to engaging and serving you in a timely, open and transparent manner. 

To maintain a respectful and safe community for all users, kindly follow the below guidelines: 

– keep your personal information safe. Be aware that social media is a public medium and information shared on social media may be accessible by anyone. To safeguard your accounts, do not post any sensitive information such as bank account number, credit card number, password etc. and other personal details (e.g. NRIC, home address) – yours or anybody else’s, on social media;

– we will not ask for your account information or sensitive personal information on social media. At times, we may request for your contact details if we need further information to assist you. In such cases, please use Private/Direct Message to share this with us;

– respect the community. If you use any offensive, aggressive, condescending, or inappropriate language, we will remove such comments or posts;

– stay on topic. Your comments should be related to the topics posted on our social networks. We reserve the right to delete off-topic comments, and remove any marketing materials, commercial content, and other types of “spam” (such as comments that are posted repeatedly);

– do not impersonate any person or falsely claim to belong to or represent any organisation. 

– by posting on our social media channels, you understand that your posts, and any ideas or techniques contained in them, may be freely used by us in any way and in any media. Please do not submit any ideas or materials that you wish to keep confidential or for which you expect to receive compensation; and

– we do not endorse or take responsibility for content posted by third parties on our social media channels, also known as user-generated content (UGC). This includes text added and uploaded or linked files such as images, video, audio and documents. 

Opinions, statements and viewpoints expressed by community participants do not necessarily reflect the opinions or constitute an official position of CardsPal. We reserve the right to permanently block individuals or groups who post inappropriate content or otherwise breach any of these Guidelines. 

 

Modification

CardsPal reserves the right in its discretion to change without prior notice any information or material contained on the App and/or the Site. 

These Terms of Use may be updated from time to time and amendments take effect from the date they are placed on this Site. You are advised to visit this Site regularly to check for any amendments. Your continued usage of and access to the App, Site and/or any services provided by CardsPal shall be deemed to constitute acceptance of changes to our Terms of Use.

 

Limitation of liability and indemnity

To the maximum extent permitted by applicable law, in no event will we be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. 

If, notwithstanding the other provisions of these terms of use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the App or the Site, our liability shall in no event exceed the greater of the total fees you have paid to a Merchant or S$150. 

You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against us by any third party due to or arising out of or in connection with your use of the App and the Site. 

 

Termination

We may terminate this agreement, your access to the App, this Site and use of any service at any time. We may also at our sole discretion restrict, suspend or terminate your access to the App and/or the Site if we suspect a breach of these Terms of Use, any suspicious activity, or for any reason. We will not be required to disclose reasons for suspension, removal, or any action taken. 

 

Governing law

These Terms of Use shall be governed by and construed according to Singapore laws. Any dispute, controversy or claim arising out of or in connection with these terms of use shall be subject to the non-exclusive jurisdiction of the Singapore courts. 

 

iOS version of the App

Where you have downloaded the iOS version of the App from the Apple App Store: 

– You acknowledge that the EULA is concluded between CardsPal and you only, and not with Apple, and CardsPal, not Apple, is solely responsible for the App and its content. 

– Your license to the App is further limited to a non-transferable license to use the App on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) or Mac OS X, that you own and control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. 

– You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the App and, if you sell your Apple-branded product to a third party, you must remove the App before doing so. 

– You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App 

– In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be CardsPal’s sole responsibility. 

– You acknowledge CardsPal, not Apple, is responsible for addressing any of your or any third party claims relating to the App or your possession and/or use of that App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App’s use of the HealthKit and HomeKit frameworks. 

– You acknowledge that, in the event of any third-party claim that the App or your possession and use of that App infringe that third party’s intellectual property rights, CardsPal, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. 

– You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third-party beneficiary thereof. 

  

Feedback & Complaints

We welcome any feedback on how we may improve the quality of our services. While we endeavour to respond to your feedback or questions as soon as possible, please send us an email at support@cardspal.com instead of postal mail if you wish to have a quicker response from us.

You may direct any questions, feedback, complaints, legal notices or claims to:

CardsPal Pte. Ltd.

80 Robinson Road, #02-00 Singapore 068898

support@cardspal.com

 

Complaints – CardsPal products and services.  If you have feedback regarding any product or service offered or sold by CardsPal on the App, please get in touch with CardsPal at the contact details above.  

Complaints – CardsPal Merchant products and services.  If you have issues regarding any product or service offered or sold by the Merchants on the App, please get in touch with the Merchants directly.  

Complaints – Content on the CardsPal App and/or Site.  If you believe that any content accessible on or through the App and/or the Site contains infringing, offensive or illegal content or if you object to any content accessible on or through the App and/or the Site, please send us a notice containing the following information at the above mailing address and/or email address: 

– Identification of the material that is claimed to be infringing, offensive or illegal or which you otherwise object to, including its location within the App and/or the Site, with sufficient detail so that we are capable of finding it and verifying its existence.

– For material you believe infringes intellectual property rights: Identification of the work or material you allege has been infringed, and if you are not the intellectual property rights owner, a description of your relationship to the intellectual property rights holder.

– For material that you believe is offensive or illegal: Indication of the reasons for why the content is offensive or illegal.

– For objections to any content accessible on or through the App and/or the Site: Indication of the reasons for the objection.

– Your contact information, including your name, address, telephone number, and email address.

– If you are a lawyer submitting the notice on behalf of a person or an organisation, please provide documentary confirmation that you are authorised to submit the notice on behalf of that person or organisation. 

Following receipt of proper written notice, we will conduct investigations. If we determine in our sole and absolute discretion that the content complained of infringing, offensive, illegal or in breach of the Guidelines, we will promptly remove or disable access to the allegedly infringing, offensive, illegal content and/or content in breach, and/or notify the user who was responsible for such content and requires that they take down the content, failing which we will remove or disable access to the content.