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Terms of Use

Last Updated 26 October 2021

 

The CardsPal mobile application (the “app”) and CardsPal.com (the “site”) is owned by CardsPal Pte. Ltd.

Your use of the app and this site is governed by these Terms of Use and our Privacy Policy. Your use of the app or of the site constitutes your 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 take effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any part of the site or the app. You represent to us that you are lawfully able to enter these Terms of Use.

You confirm that any person who uses your login credentials is authorised to access and use the app on your behalf. You shall be liable for all actions performed under your CardsPal account.

 

Products and services

CardsPal and CardsPal merchants may offer products and services for sale on the app.

– Products and services are subject to availability and any applicable further terms and conditions set out on the deal page.

You agree to comply with all applicable terms and instructions of the offer, including deal page terms and instructions on purchase and redemption (as applicable). CardsPal and CardsPal merchants will not be liable for losses arising out of your failure to comply with the applicable terms and instructions.

– Should you decide to purchase products and services, 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 and conditions.

Purchasing from CardsPal. If you purchase products and services from CardsPal, your contract of sale is between you and CardsPal, and will be governed by these Terms of Use, CardsPal’s Privacy Policy, and any applicable terms and conditions relating to the sale (such as the deal page terms).

Purchasing from CardsPal merchants. CardsPal is not a party to the contract between you and a CardsPal merchant. Your contract of sale will be governed by the merchant’s terms and conditions and any other applicable terms and conditions relating to the sale (such as the deal page terms).

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

– CardsPal does not guarantee that CardsPal or a CardsPal merchant will complete a transaction.

– Unless expressly stated otherwise, CardsPal is not responsible for products and services offered and sold by merchants on the app. CardsPal does not guarantee that a product or service is fit for purpose and does not guarantee the fitness, condition or quality of the products or services.

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

– Warranties for products and services are as stated by the merchant on the app (such as the terms on the deal page). Save as expressly provided in such product or service warranty or in the applicable terms and conditions, a merchant excludes all other express or implied terms, conditions and warranties, to the extent permitted by applicable law.

 

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 CardsPal’s merchants which has not been expressly stated in the applicable merchant terms and conditions, applicable product or service terms and conditions and any other applicable terms and conditions.

 

Cancellations and Refunds

– All requests for cancellations and refunds are at the discretion of CardsPal and/or CardsPal’s merchants.

– Cancellations and refunds may be required to meet specified criteria to be granted and processed. Please check with your respective merchant for the applicable criteria.

 

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 CardsPal. 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 sites 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

CardsPal is not responsible for and makes 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 CardsPal 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, CardsPal merchants and CardsPal third party providers accept no liability for any loss or damage (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 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 information 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 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 that 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 the terms and conditions and privacy policies of such third party websites and service providers.

 

Stripe

CardsPal uses Stripe payment services to enable payments for products and services on the CardsPal app.

When you share your credit/debit card/payment method details in order to purchase products and services from CardsPal and/or CardsPal’s merchants, you acknowledge and agree that you have read and agree to be bound by the Stripe Services Agreement and Privacy Policy, as amended from time to time.

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

Upon your download of the app, CardsPal grants you a revocable, non-transferable, non-sublicenseable, limited license to use the app on a mobile device you own and control for your personal purposes, subject to these Terms of Use.

 

Disclaimer

The material and information contained on the app or the site are provided for general information only. CardsPal makes 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 opinion 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.

CardsPal’s 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 are for your convenience only. CardsPal is not responsible for the contents of third party sites. If you visit third party sites, then your rights and obligations while accessing and using those sites will be governed by the agreements and policies relating to use of those third party sites.

 

Limitation of liability

To the maximum extent permitted by applicable law, CardsPal accepts no liability for any loss or damage (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 site 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 products, services or information 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 contact our Data Protection Officer (details in our Privacy Policy). Please be aware 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 of time. Additionally, opting out of marketing materials does not mean that we cannot continue using and disclosing your personal data for other purposes set out in this Privacy Policy.

CardsPal does not guarantee that any e-mails from the app or the site will be sent to you or received by CardsPal nor does CardsPal warrant the privacy and/or security of e-mails during internet transmission.

 

Personal data

You agree to the terms of our Privacy Policy, which are incorporated herein by reference.

CardsPal does not store your payment details. Your payment details are securely stored with our 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.

 

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 (eg. 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.

– 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 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. This policy was last updated on the date set out at the start of these terms.

 

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 fees paid by you to us in the six months preceding the claim 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

CardsPal may terminate this agreement, your access to the app, this site and use of any service at any time.

 

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 infringes that third party’s intellectual property rights, CardsPal, not Apple, will be solely responsible for the investigation, defense, 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.

 

Contact

You may direct questions, complaints or claims to:

CardsPal

80 Robinson Road, #02-00 Singapore 068898

support@cardspal.com

 

 

Complaints Procedure

Complaints – CardsPal products and services

If you have issues regarding any product or service offered or sold by CardsPal on the app, please contact 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 CardsPal merchants on the app, please contact the CardsPal 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 which 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 which 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 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 a 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 require that they take down the content, failing which we will remove or disable access to the content.

We may at our sole discretion restrict, suspend or terminate access to the app and/or the site for if we suspect breach of these Terms of Use, any suspicious activity, or for any reason. CardsPal is not required to disclose reasons for suspension, removal, or any action taken.