Last Updated 28 July 2020

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.

The information and material on the app or the site is not an offer, solicitation, invitation, advice or recommendation for products or financial services by CardsPal. The app and the site do not allow you to directly buy or receive financial products and services. You may apply for financial products and services on the app or the site or may be directed to third party sites from which you will be able to complete your application.

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, 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 customer agreements with any third party provider will constitute a breach of these Terms of Use.

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.

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.

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.

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.

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.

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

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.

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.

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.

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 8 May 2020.

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.

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

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.

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:

80 Robinson Road, #02-00 Singapore 068898

support@cardspal.com