Terms and Condition

Definitions and General Terms

“sg” is a mobile service offered by ecoin.sg Pte Ltd. that comprises a stored value facility that may be used by a user (individually a “User” and collectively, “Users”) as a mobile wallet on their mobile device.

“sg Application” means an application for mobile devices that can be downloaded by the User from the Apple App Store and Google Play store.

“sg Service” means any service offered by (ecoin.sg Pte Ltd) which may be obtained through and from the use of the Ecoin.sg Application, as may be determined by ecoin.sg Pte Ltd from time to time.

“sg Pte Ltd.”, “Ecoin”, “our”, “we” and “us” means ecoin.sg Pte Ltd. and its successors and assigns.

“You” means a User.

These terms and conditions governing the use of the Ecoin.sg Application and the Ecoin.sg Service (“Terms”) incorporates our terms and conditions governing electronic services (“Electronic Terms”) and other terms and conditions which may be expressly stated in these Terms. If there is any conflict or inconsistency between these Terms and other terms and conditions, these Terms will prevail.

Eligibility for the Ecoin.sg Application

You acknowledge and agree that as a condition for you to access and use the Ecoin.sg Application to effect or obtain the Ecoin.sg Service, you are required to comply with all these Terms including any amendments to these Terms that ECOIN may in its discretion from time to time make.

You acknowledge, agree and warrant that you are, and will at all times be, in compliance with the following:

(i) you are at least 16 years of age based on year of birth;

(ii) you have a valid local mobile number.

(iii) the information provided are true and correct

Registration

As part of the Ecoin.sg Application, you will have access to a wallet account (“Wallet Account”). Each Wallet Account operates as a stored value account & the value in the Wallet Account will not be used to offset any fees or charges incurred out of Ecoin.sg services scope.

You are required to create and register your Wallet Account in your Ecoin.sg Application (“Registration”). You must provide a display name as part of the Registration. The display name provided by you will be displayed in the notifications to the recipient of incoming funds transferred from or requested by you or as information of you as a buyer to the seller.

You must use your personal Password (“Password”) to access and use the Ecoin.sg Application. You are responsible for safekeeping and maintaining the confidentiality of your Password. You must not disclose to any person your Password and shall not authorize any person to use your Password for any purpose whatsoever. You agree to take reasonable measures and all due care to protect your Password against misuse by third parties.

You should, as soon as possible, reset your Password should you notice that your Ecoin.sg Application has been accessed or used without your knowledge, authority or consent.

Acknowledgement and Agreement

You acknowledge and agree that:

you will be responsible for obtaining and using the necessary software and/or device, hardware and/or equipment necessary to obtain access to the Ecoin.sg Application at your own risk and expense;

you will be responsible to your mobile service provider for all data charges relating to: (a) the download of the Ecoin.sg Application;

(b) any upgrades you request in relation to the Ecoin.sg Application; and (c) your ongoing access to and use of the Ecoin.sg Application;

you will not use the Ecoin.sg Application to conduct electronic spamming, upload content that contains viruses or malicious codes, perform unlawful activities, or engage in any other inappropriate activities deemed by Ecoin;

the access to and use of the Ecoin.sg Application is offered to you on an “as available, where available” basis;

the mobile number provided by you during the Registration (“Mobile Number”) will only be used for the Ecoin.sg Application and you shall ensure that your mobile number is valid and accurate;

you are solely responsible and liable for any access to and use of the Ecoin.sg Application effected through the use of your Password or Touch ID, notwithstanding that your Password or Touch ID may have been used by any other person without your knowledge, authority or consent;

you shall monitor the balance of your Wallet Account at all times and notify us (in writing, by calling our Ecoin hotline at 64448749 or by visiting any Ecoin customer service branch) immediately of any unauthorized transfers or of any matter concerning your Wallet Account that may invite suspicion;

you shall examine all entries in the transaction history listed in your Ecoin.sg Application (“Transaction History”) and report any transactions wrongly made or made without authority or inaccurate entries in the Transaction History. You must object to any transaction (“Transaction”) or any other inaccuracies in writing to us, by calling our ecoin.sg hotline at 64448749 or by visiting any Ecoin customer service branch) within 14 days after the entry appears in the Transaction History. If you do not do so, the Transaction will be deemed correct and conclusive and you will be bound by the Transaction listed in the Transaction History.

your Mobile Number may be visible to the recipient of incoming funds transferred from or requested by you;

Ecoin will be free from all claims in respect of and any and every Transaction shown in the Transaction History;

Ecoin is entitled, without being obliged to, at any time and without prior notice to you, to debit from your Wallet Account any sum wrongly credited into your Wallet Account;

Ecoin is entitled to send you “push notifications” and SMS notifications (“Notification”) relating to your access to and use of the Ecoin.sg Application and any updates on related services;

Ecoin is deemed to have sent the Notification to you, even if you are unable to or do not receive the Notification for whatever reason;

the Ecoin.sg Application may include links to sites on the Internet that are owned and operated by third parties (“Third Party Sites”), and if you choose to access these Third Party Sites, you agree to review and accept the terms of use. Ecoin has no control over and excludes all liability for and does not assume any responsibility for material created or published by such Third Party Sites;

Ecoin reserves the right to investigate complaints regarding the use of the Ecoin.sg Application, the Ecoin.sg Service or reported violations of these Terms and to take any action Ecoin deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, the appropriate authorities or regulators and disclosing any information necessary or appropriate to such officials, authorities or regulators;

Ecoin may, in its sole discretion, change, add or remove any feature or functionality of the Ecoin.sg Application at any time without any prior notice. Your continued use of the Ecoin.sg Application shall be deemed to be your conclusive acceptance of such changes;

Ecoin may impose, change and/or amend at any time the fees payable for your access to and use of the Ecoin.sg Application and the Ecoin.sg Service as well as for the closure of your Wallet Account and the termination of the Ecoin.sg Service. Such changes shall be deemed effective upon Ecoin’s posting these changes on the Ecoin website at www.ecoin.sg (“Website”) and your continued access to and use of the Ecoin.sg Application shall be deemed to be your conclusive acceptance of such changes; and

Ecoin may without giving any reason vary these Terms at any time. Where possible, we will strive to provide you with prior notice of our amendment of these Terms. Where we have not given prior notice, we shall as soon as practicable give notice of such amendments, deletions and additions to you by such notification method as we may choose, including through our internet banking services, in local newspapers, in displays at our branches or via publication through any media. Such amendments, deletions and additions shall be effective on and from the date specified in the notice.

Limits of Responsibility and Liability

Ecoin is not liable for any loss suffered by you or any third party arising from and in connection with your Registration of, access to and use of the Ecoin.sg Application and the Ecoin.sg Service except where such loss is attributable to our negligence or wilful default. Without prejudice to the foregoing, Ecoin will not be liable for any inconvenience, loss, cost, damage or injury suffered by you or any third party arising from or caused by:

our compliance with any instruction given or purported to be given by you relating to a Transaction, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction;

use of your Wallet Account and the Ecoin.sg Application by third parties, whether authorized or unauthorized by you;

your transfer of funds to the wrong recipient;

theft or loss of your device, hardware and/or equipment on which the Ecoin.sg Application is installed;

your inability to effect or complete any Transaction due to system maintenance or breakdown/non-availability of the Ecoin.sg Application or any network;

you being deprived of the use of the Ecoin.sg Application and/or the Ecoin.sg Service as a consequence of any action by us;

any failure by us to perform any obligation or observe any of these Terms if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors, or any event outside our control;

any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing; or

any act or omission by Ecoin in compliance with any applicable laws and/or regulations, including laws governing personal data protection, and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.

Any downloading of data from the Website is done solely at your risk, and we will not be liable for the integrity or use of any data downloaded in any way.

Ecoin shall not be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from your entering into any Transaction, using the Ecoin.sg Application or using the Ecoin.sg Service.

Intellectual Property

You acknowledge that the intellectual property rights in or to the Ecoin.sg Application are owned by Ecoin.

No part or parts of the Ecoin.sg Application may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.

The trade marks, service marks, and logo (“Trade Marks“) used and displayed in or through the Ecoin.sg Application are registered and unregistered Trade Marks of ours and others.

Nothing in the Ecoin.sg Application should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trade Marks displayed in or through the Ecoin.sg Application, without our written permission.

Termination

We may (at our sole discretion) and without giving any reason suspend or terminate the Ecoin.sg Service or your use of the Ecoin.sg Application at any time with or without prior notice to you. Where we have not given prior notice, we shall as soon as practicable give notice to you of such termination by such notification method as we may choose, including through your internet banking account, in local newspapers, in displays at our branches or via publication through any media. Such termination shall be effective on and from the date specified in the notice.

Pursuant to clause 7.1 above, if Ecoin decides to terminate the provision of the Ecoin.sg Service, Ecoin will close your Wallet Account and will automatically transfer the remaining balance from your Wallet Account to your Designated Account . If your Designated Account has been closed or the remaining balance from your Wallet Account cannot be transferred to your Designated Account for whatever reason, ECOIN will strive to contact you for alternative means of transferring the remaining balance from your Wallet Account to you.

In the event that you remain uncontactable after one year from the date of Ecoin’s first attempt to contact you, then any remaining balance in your Wallet Account shall be dealt with at the absolute discretion of Ecoin. Ecoin shall not be obliged to enter into any correspondence regarding the remaining balance from your Wallet Account and you agree that you shall not hold Ecoin liable for any loss, damage or expenses arising out of or in connection with the remaining balance in your Wallet Account.

Should you decide to terminate your use of the Ecoin.sg Service:

You are to contact Ecoin (by calling our Ecoin hotline at 64448749 or visiting any Ecoin customer service branch ) and instruct Ecoin to close your Wallet Account and transfer the remaining balance from your Wallet Account to your Designated Account;

You are to ensure that the Designated Account has not been closed to enable us to process the transfer of the outstanding balance from your Wallet Account to your Designated Account.

Ecoin may impose an administrative charge for processing the transfer of the outstanding balance from your Wallet Account to your Designated Account. The transfer may take up to 7 working days.

You are to delete the Ecoin.sg Application from your device, hardware and/or equipment on which the Ecoin.sg Application has been installed. Deletion of the Ecoin.sg Application alone does not terminate your use of the Ecoin.sg Service and close your Wallet Account if you do not provide instructions to Ecoin pursuant to clause 7.4.1 above. If you delete the Ecoin.sg Application without providing the necessary instructions to ECOIN in clause 7.4.1 above, the remaining balance will remain in your Wallet Account.

In the event that:

(a) you fail to provide instructions to Ecoin to close your Wallet Account; and (b) your Wallet Account has not been used for a period of one year from the date of last activity, then any remaining balance in your Wallet Account shall be dealt with at the absolute discretion of Ecoin. Ecoin shall not be obliged to enter into any correspondence regarding the remaining balance from your Wallet Account and you agree that you shall not hold Ecoin liable for any loss, damage or expenses arising out of or in connection with the remaining balance in your Wallet Account.

You shall not be entitled to any payment, compensation or damages from Ecoin in relation to the termination of your access to and use of the Ecoin.sg Application and/or the Ecoin.sg Service.

Ecoin’s right to suspend or terminate your access to and use of the Ecoin.sg Application and the Ecoin.sg Service shall be without prejudice to any other rights or remedies which Ecoin may have under these Terms, the terms set out at clause 1.1.6 above and at law.

Applicable Laws

This letter of appointment shall be governed by the laws of Singapore.

Contracts (Rights of Third Parties) Act

A person, company or entity who is not a party to this letter of appointment shall not have any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enjoy the benefit or enforce any term of this letter of appointment.