1. These terms as a framework agreement
1.1. These Terms constitute a framework agreement which sets out the terms of agreement between you and us in relation to:
(a) entering into Get Transaction(s); and
(b) the use of the Get Dashboard and other Get Services. Before you can enter into Get Transactions and benefit from the Get Services with us you are required to:
1. Read these Terms and tick the box confirming the accuracy of the information provided and your agreement with these Terms; and
2. provide us with such documentation, photographs and information as we may reasonably request to comply with our regulatory obligations.
1.3. You acknowledge, agree, represent, and warrant that, at all times, you:
(a) are of legal age of majority to contract (and in any event, are no less than 18 years of age) and legally capable to enter into these Terms; or
(b) if you are under the 18 years of age, and have obtained the consent and permission of your parent or legal guardian for the use of the Get Services and agreement to enter into these Terms. (As of 19 Aug, user s signing up under the age of 18 years of age, an adult of majority age will bear legal responsibility of your account, by approving via the "Parent Account". Those signing up prior to this date, you warrant that you shall not be below 14 years of age & have signed up with parent's consent. To maintain service consistency, minimum age of 14 years old was enforced on all users who signed up before 19 Aug 2021, and all users 18 years old and below who signs up after 19 Aug 2021 will require approval from a Parent Account.)
If at any time, we are aware of, suspect or have reason to believe that you are under 18 years of age and do not have approval a Parent Account, we may:
(a) lock your Get Account and require you to provide updated proof of age to us, as we may deem acceptable in our sole discretion. If we are satisfied that you are 18 years of age and above, we will unlock your account. If you fail to provide such proof within reasonable time, we will terminate your Get Account; and/or
(b) impose restrictions, suspend and/or block and terminate your Get Account, as we deem appropriate, including but not limited to:
(i) where we are aware of, suspect or have reason to believe that you are under 18 years of age and you are a Designated Sub-User, and we may further suspend and/or impose restrictions on the usage of Get Services, including where Get Transactions are to be used for transactions that we deem immoral or inappropriate; and
(ii) where we are aware of, suspect or have reason to believe that you are under 18 years of age and you do not have approval from your a Parent Account
1.4 User(s) that are parent(s) or legal guardian(s) may designate their child(ren) or ward(s) under 18 years of age as a designated sub-User ("Designated Sub-User
") on the basis that you, being parent(s) or legal guardian(s) of a child(ren) or ward(s) under 18 years of age, hereby agree and authorise the following:
(a) you confirm and agree by providing details of your Designated Sub-User and nominating such person to be your Designated Sub-User, such person shall be authorised to use the Get Services through your Get Account including carrying out transactions on your Get Account and/or subscribing for additional Get Services;
(b) you instruct us that all transactions and/or instructions issued in relation to your Get Account by such Designated Sub-User are to be treated and considered as being instructed to us by you, including any subscription for additional Get Services; and
(c) in providing your Designated Sub-User access to Get Services through your Get Account, you are solely responsible and liable for monitoring the usage of your Get Account and/or the Get Services by your Designated Sub-User, and shall be liable for any transactions, fees, charges, debts and/or any liabilities incurred in relation to the same. In relation to such Designated Sub-User, you acknowledge that these Terms will apply to you and each Designated Sub-User, as applicable, you hereby expressly accept these Terms on behalf of yourself and each Designated Sub-User and you hereby agree that you shall ensure that the Designated Sub-User complies with the Terms. You further agree to and accept full responsibility for any Designated Sub-User’s use of Get Services.
1.4A. If we are aware of, suspect or have any reason to believe that you are not the parent or legal guardian of the Designated Sub-User, or the legal parent or guardian of the Designated Sub-User has not provided consent and permission, or you are not above 18 years of age, we have the right to take any of the measures as discussed in Clause 1.3A above, including but not limited to locking your Get Account, subject to being provided with proof or evidence of your status as the parent or legal guardian of the Designated Sub-User, as we may deem acceptable in our sole discretion. If we are satisfied of your status as parent or legal guardian, we will unlock your account. If you fail to provide such proof within reasonable time, we will terminate your Get Account and your ability to use our Get Services.
1.5. Once you have completed the above and you have passed our internal checks, we shall make the Get Dashboard available to you.
1.6. You confirm that you have provided the correct Information during the process of creating a Get Account. You undertake that, if your details change, you will notify us immediately. You shall bear any losses that occur due to the submission of invalid, incorrect or inaccurate Information.
2. Company information
2.1. These Terms are between you (the “User”, “you” or “your”) and Get Technologies APAC Pte. Ltd. (“Get”, “we”, “us” or “our”). Get is a company incorporated in Singapore (U.E.N. 20201833M) and whose registered office is 63 Ubi Avenue 1 #05-01, 408937.
2.1. Users are advised to read the terms and conditions carefully. By agreeing to these Terms, you are deemed to have agreed to the relevant Get Cardholder Terms as stipulated by NIUM (acting as Card Issuer) which are available on Get's website.3. Commencement, term and your Get account
3.1. These Terms shall commence on the day that Get confirms to you via the Mobile App that your Get Account has been approved and shall continue until terminated in accordance with Clause 33 (Amendments to these Terms) and/or Clause 35 (Termination).
3.2. Your Get Electronic Money Account is an account in which Electronic Money, which Get has issued to you in exchange for receiving money from you or on your behalf, is stored. The Electronic Money in your Get Electronic Money Account may be used by you to enter into:
1. Get Dashboard Transactions; and
2. Get Card Transactions.
3.3. You may be required to provide supplemental information to us to be able to use all of the functionality available.
3.4. When we hold Electronic Money for you, us holding the funds corresponding to the Electronic Money is not the same as a Bank holding money for you in that:(a) we cannot and will not use the funds to invest or lend to other persons or entities;(b) your Electronic Money will not accrue interest; and(c) your Electronic Money is not covered by the Deposit Insurance Scheme. The funds corresponding to Electronic Money will be held in one or more segregated bank accounts separately from our own funds.
3.5. As required by the Payment Services Regulations, we hold money in a corporate bank account held with a Partner Bank. Client Money is commingled with other customers’ money.
3.6. We may stop your access to the Get Dashboard and/or the Get Card on reasonable grounds relating to:
1. the security of the Get Dashboard or the Get Card; or
2. the suspected unauthorised and/or fraudulent use of the Get Dashboard or the Get Card.If we do stop your access in such instances, we will inform you via the Mobile App and direct you to our customer services team via the chat function on the Get Dashboard.
4. Sponsor services
4.1. If you choose to become a Sponsor User:
1. we shall provide you with the Sponsor Services; and
2. you shall pay us the Sponsor Subscription Fees.
Payment for Subscription Services
4.2 Unless you notify us with appropriate notice before the next due date of your Sponsor Subscription Fees that you want to cancel your Sponsor Subscription, we will automatically charge you the then-applicable periodic Sponsor Subscription Fees using your preferred payment method.
4.3 If your preferred payment method becomes invalid during your subscription period, or if the charge is refused for any other reason outside our control, you authorise us to use any other payment method we have on file in your Get Account, in accordance with clause 17 (Your Balance and Negative Balances). If all of your payment methods on file are declined or we are unable to exercise our right of set-off in accordance with Clause 22 (Our Right to Set-Off), you must provide us with a new eligible payment method within 30 days or your Sponsor Subscription will be cancelled.
Cancellation and refunds
4.4 The Sponsor Subscription Fees are non-refundable except as expressly set forth in these Terms.
4.5 You may cancel the annual renewal of your Sponsor Subscription at any time by providing us with one calendar months’ notice. Upon such notice, you will be required to contact our customer support team via the chat function on the Get Dashboard.
4.6 By signing up for a Sponsor Subscription, you expressly request for the subscription period of the relevant Sponsor Services to commence from the moment that your Subscription Subscription is confirmed. For the avoidance of doubt, in the event that we offer a one month free trial promotion in relation to the Subscription Services, the Cooling-off Period will begin immediately from the moment that we make the Subscription Services available to you on the Get Dashboard.
4.7 If neither you nor anyone authorised by you to use your account has taken advantage of any Subscription Services in the current membership period, we will refund you the Subscription membership fee in full. Otherwise you may be eligible for a partial refund of this membership fee based on benefits usage by you or anyone authorised by you to use your account in your current membership period.
4.8 If you cancel the Subscription Services anytime outside of your Cooling-Off Period and signed-up to a: yearly payment plan, subject to clause 4.7, you will still be charged the annual fee in relation to the Subscription Services.In both cases, you will not be entitled to a refund of the cost of your Subscription Get Card due to our provision of the Subscription Services during this time.Cooling-Off Period
4.9 If you paid for your Subscription Subscription at the point of subscribing for the Subscription Services you may withdraw within 7 days. If neither you nor anyone authorised by you to use your account has taken advantage of any Subscription Services in the current Subscription membership period, we will refund your Subscription membership fee in full. Otherwise, we will issue you a partial refund based on use of the Subscription Services during that time by you or anyone authorised by you to use your account. For the avoidance of doubt, the order and delivery of a Subscription Get Card will be considered a Subscription Service for these purposes.
4.10 To cancel the Subscription Services within the Cooling-Off Period, you can adjust your membership settings by contacting our customer support team via the chat function on the Get Dashboard. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Acceptance of membership.
4.11 We reserve the right to accept or refuse your Subscription Subscription, to the extent permitted by applicable law.
4.12 Upon termination of these Terms, Subscription Subscription Fees paid to us for the Subscription Services shall be apportioned up until the time of termination of the contract and any Subscription Subscription Fees paid in advance shall be reimbursed to you proportionally.5. The Get Dashboard
5.1. The Get Dashboard is our portal where you can, among other things:
1. perform Top-Ups
2. verify your identity with us;
3. view your Get Transaction History;
4. view the balance and currency of the Electronic Money you hold in your Get Electronic Money Account;
4. enable or disable your Physical Get Card, change the PIN on your Physical Get Card and access other security features;
5. enable and disable location tracking; and
5.2. You may access the Get Dashboard via the Mobile App or the Get App webpage
6. Your Get Card
6.1. If you register as a Standard User, once you have been accepted as a Get Account holder, we shall allow you to issue your Get Card, subject to any issuance charges as set out in Schedule 2 of these Terms.
6.2. Your use of the Get Card is subject to the Get Cardholder Terms.
6.3. You may activate and de-activate a Physical Get Card using the Get Mobile App. Failure to disable the Physical Get Card upon becoming aware of it being lost or stolen may mean that you lose your right to any compensation for an unauthorised Get Transaction.
7. Verification of identity
7.1. You agree to cooperate with all requests made by us or any of our third party service providers on our behalf in connection with your Get Account, to identify or authenticate your identity or validate your funding sources or Get Transactions. This may include, but is not limited to, asking you for further information that will allow Get to reasonably identify you, including requiring you to take steps to confirm ownership of your phone number or payment instruments or verifying your Information against third party databases or through other sources.
7.2. We reserve the right to close, suspend, or limit access to your Get Electronic Money Account and/or the Get Services in the event we are unable to obtain, verify such Information or you do not comply with our requests under Clause 7.1 of these Terms.
7.3. We may confidentially verify the information you provide us with or obtain information on you ourselves or through third parties from secure databases. By entering into these Terms, you confirm that you consent to us or a third party on our behalf carrying out such verifications.
7.4. You must ensure the information on your Get Account is always accurate and up to date. If at any time we believe that your information is outdated or inaccurate, we may contact you and request further information or request that you go through the verification process again. Your Get Transaction Limit will be adjusted accordingly while we verify your identity. We shall not be liable for any losses arising out of your failure to maintain up to date information.8. Top-ups to your Get Electronic Money Account
8.1. In order to top-up the Electronic Money in your Get Electronic Money Account, you will need to perform a top-up via any method we make available to you from time to time.
8.2. We may, at our reasonable discretion (for example, without limitation, to limit fraud or credit risk), impose limits on the amount of money you can receive through Get Services. In order to increase your receiving limit, you must provide us with any supplemental information we request. If you have a top-up limit on your Get Electronic Money Account, you may be able to view it by logging onto your Get Dashboard and accessing the Profile section.Top-ups via a Card
8.3. In order to top-up via a Card, you will need to add the details of the Card onto your Get Dashboard. The purchase of Electronic Money via Card will be for the amount defined by you.
8.4. This Card must be issued by licensed credit or charge card in Singapore.Top-Ups via User Bank Transfer and Third Party Bank Transfer
8.5. Where available on the Get Dashboard, you may also fund your Get Electronic Money Account by entering into a User Bank Transfer or a Third Party Bank Transfer.
8.6 In connection with Clause 8.5 above, upon our receipt of the amount sent via User Bank Transfer (either performed within or outside of the Get Dashboard) or a Third Party Bank Transfer, we will issue the corresponding value of Electronic Money to your Get Electronic Money Account. The details of the bank account (belonging to Get) to send the money to will be set out on the Get Dashboard. Please take care (or ask the third party making a Third Party Bank Transfer to take care) to enter the correct bank account details when performing the User Bank Transfer or Third Party Bank Transfer, to make sure the money reaches us. Transfers must be from within Singapore, otherwise they would be rejected.
8.7. We are required by the Payment Services Regulations to impose an Electronic Money stock cap on your daily Electronic Money balance. This means that your electronic money balance must not exceed S$ 1,000 or foreign currency equivalent at anytime. 9. Get transactions
9.1. The following are “Get Dashboard Transactions”:1. “Instant Transfer” – this means us sending Electronic Money into your Get Electronic Money Account or from your Get Electronic Money Account to the Get Electronic Money Account of a different Get User; and
2. “Get Bank Transfer” – this means us redeeming Electronic Money in your Get Electronic Money Account, with or without an associated Monetary Exchange taking place, and transferring the equivalent amount of money to the Counterparty Bank Account.
9.2. The following are “Get Card Transactions”:
9.2. “Get Card Purchase” means you using your Get Card to purchase goods and/or services from a merchant by entering the details of your Get Card and/or your Card PIN.
9.3. Get may refuse to enter into a Get Transaction with you at any time and for any reason.
9.4. Get provides virtual receipts for successful Get Transactions (including Instant Transfer and Bank Transfer transactions) undertaken by you. These transactions are also accessible on the Get Dashboard and are available via email. In addition to virtual receipts, merchants should provide you with receipts when you enter into a Get Card Purchase. Get will not and is under no obligation to provide you with a physical receipt or other written confirmation in connection with any Get Transaction.10. Instant transfer
10.1. You can send money to, and receive money from, other Get accounts. We call these sort of payments Instant Transfers. You can make an Instant Transfer to another Get user’s account by choosing them as a recipient from the contacts list in the Get app and following the prompts. The recipient Get user will receive the transfer immediately.
10.2. Where applicable, you will need to enter the Counterparty’s details requested on the Get Dashboard (the ‘unique identifier’) in order to request entry into an Instant Transfer. It is your responsibility to make sure that the Counterparty’s unique identifier is entered correctly. Any error may result in the Instant Transfer being unsuccessful or delayed. We shall not be liable for any losses you incur from entering an incorrect unique identifier.
10.3. If the Counterparty is already a Get User, you will be informed on the Get Dashboard, prior to confirming your request to enter into the Instant Transfer, of:
1. the Counterparty’s name;
2. the amount and currency of Electronic Money you wish to send to the Counterparty; and
3. the fees for the Instant Transfer (if any).
10.4. In order to submit the request to enter into the Instant Transfer, you will need to confirm the details which have been entered by hitting the button entitled “Send” on the relevant part of the Get Dashboard. Once you have provided confirmation (provided the Counterparty is a Get User), then at this time we will have been deemed to have received your request to enter into the Instant Transfer.
10.5. As required by the Payment Services Regulations, we impose an Electronic Money flow cap (S$ 30,000 or foreign currency equivalent) on an annual rolling basis on all your outbound electronic money transactions (including transfers)
11. Get bank transfer and monetary exchange
11.1. You can make a request to enter into a Get Bank Transfer by logging onto the Get Dashboard and following the on-screen instructions. You will need to enter the Counterparty Bank Account details. It is your responsibility to make sure that the details of the Counterparty and the Counterparty Bank Account (the ‘unique identifiers’) are entered correctly. Any error in information may result in the Get Bank Transfer being unsuccessful or delayed. We shall not be liable for any losses you incur from entering incorrect Counterparty Bank Account details.
11.2. You will be informed on the Get Dashboard, prior to confirming your request to enter into the Get Bank Transfer, of:
1. the details of the Counterparty Bank Account;
2. the amount and currency of money you wish to send to the Counterparty; and
3. the fees for the Get Bank Transfer (if any).
11.3. In order to submit the request to enter into the Get Bank Transfer, you will need to confirm the details which have been entered by hitting the ‘tick’ button on the relevant part of the Get Dashboard.
11.4. The request to enter into the Get Bank Transfer or a Get Bank Transfer via recurring payments shall be deemed to be received at the time at which you provide your confirmation except that where the request to enter into a Get Bank Transfer would otherwise be deemed to be received on a day which is not a Business Day or is received after 4.00 pm, Singapore Time on a Business Day, we have the right to treat the request to enter into the Get Bank Transfer as having been received on the next Business Day.
11.5. Where the Payment is denominated in SGD, or a currency other than SGD, we shall endeavour to ensure that we action the Get Bank Transfer as soon as is reasonably practicable, and in any event, within 3 Business Days for domestic bank transfers.
11.6. Once the Get Bank Transfer has been completed, you will be able to view the completed Get Bank Transfer on the Get Transaction History part of the Get Dashboard.
11.7. As required by the Payment Services Regulations, we impose an Electronic Money flow cap (S$ 30,000 or foreign currency equivalent) on an annual rolling basis on all your outbound electronic money transactions (including bank transfers)
13. Get card purchase
13.1. You can use your Get Card to purchase goods and/or services from a merchant either online or at a point of sale terminal anywhere that accepts the Get Card. In such an event we will redeem Electronic Money in your Get Electronic Money Account and the merchant will be sent, less any fees from NIUM (acting as Card Issuer), the equivalent amount of money. You will need to follow the instructions on the relevant website or point of sale machine to perform the Get Card Purchase. This may involve you entering the details of Get Card (the card number, expiry date and CVC number) or your Card PIN.
13.2. Where a currency conversion is offered to you by the merchant and you choose to authorise the payment transaction on the basis of the merchant’s exchange rate and charges, Get has no liability to you for that currency conversion.
13.3. As required by the Payment Services Regulations, we impose an electronic money flow cap (S$ 30,000 or foreign currency equivalent) on an annual rolling basis on all your outbound electronic money transactions (including card purchases)
14. Receive Electronic Money
14.1. If you receive Electronic Money into your Get Electronic Money Account, we will send a notification to the Get Dashboard and display the payment in your Get Transaction History.
14.2. You can request a payment from another Get User by using the “Request Money” function or the “Split Bill” function or other functions made available to you from time to time on the Get Dashboard. You should only use this function for amounts owed to you and that are due for payment in full. This service may not be used as a debt collection or enforcement tool.
14.3. We are required by the Payment Services Regulations to impose an Electronic Money stock cap on your daily Electronic Money balance. This means that your Electronic Money balance must not exceed S$1,000 at anytime. 15. Your balance and negative balances
15.1. You acknowledge that balances and available funds reported on the Get Dashboard are only approximate real time balances rather than the settled balances in your Get Electronic Money Account. A real time balance may not take into account pending debits and credits. Get will provide you with information on pending debits and credits as soon as it has that information.
15.2. If for any reason (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers) you have a negative balance in your Get Electronic Money Account, you agree to immediately Top-Up the required amount to correct the negative balance, such amounts being due without the need for previous notification. If you fail to do so:
1. we may exercise our right of set-off in accordance with Clause 22 (Our Right to Set-Off) of these Terms;
2. initiate a chargeback procedure for any specific transaction which led to your Get Electronic Money Account having a negative balance;
3. take debt collection measures including but not limited to mandating a debt collection agency or solicitors or to pursue the claim in court. We reserve the right to charge you the expenses we reasonably incur in connection with any debt collection or enforcement efforts;
4. if Get requests that you complete a Top-Up in order to correct a negative balance and you fail to do so within 7 Business Days, where applicable, you authorise us to initiate a payment transaction for the amount of the negative balance (or the equivalent in another currency) from one of your Stored Cards or User Bank Accounts (as applicable).16. Security
16.1. We would like to draw your attention to paragraph 3 of the e-Payments User Protection Guidelines issued by the MAS (“User Protection Guidelines”). You have an important role to play to ensure that your Get Account is protected from unauthorised access and use by practising good security hygiene.
16.2. You must ensure that you take all reasonable steps to:
1. ensure that your Mobile and your Mobile PIN is kept safe and secure;
2. ensure that access to the Get Dashboard is kept safe and secure; and
3. ensure your Get Card PIN and other unique numbers (including CVC, expiry and card number) are kept safe and secure.
16.3. The requirement in Clause 16.2 includes, but is not limited to, you:
1. closing the Mobile App or Get App webpage every time you are not using or have finished using it;
2. keeping the Mobile you use to gain access to the Get Dashboard safe and secure and locked with a secure password or other security mechanism;
3. not writing down or telling anyone your Mobile PIN;
4. changing your Mobile PIN regularly;
5. if you receive any SMSs or emails, questionnaires, surveys, or other links that require you to provide your Mobile PIN, not providing your information and contacting our customer services team via the chat function on the Get Dashboard;
6. ensuring that the Mobile and e-mail account(s) you use to communicate with us are secure and only accessed by you, as the Mobile and e-mail address may be used to reset your Mobile PIN or to send information relating to the security of the Get Dashboard;
7. if at any time you think that your Mobile PIN has been lost, stolen or any other person knows your Mobile PIN or anyone has access to your e-mail account or Mobile you use to communicate with us, informing customer services immediately via the chat function on the Get Dashboard;
8. updating the Mobile App to the latest version available for your device as it may contain security updates;
9. keeping your Get Card safe and secure;
10. not writing down or telling anyone your Card PIN or details of the Get Card; and
11. disabling your Get Card via the Get Dashboard or otherwise reporting to us, at any time if you think the security of the Get Card is at risk, for example, if it is lost or stolen.
16.4. All Get Transactions are processed by automated methods, and anyone who obtains access credentials to the Get Dashboard or access to a Get Card could use it to enter into Get Transactions without your permission. Although Get has systems in place to detect fraudulent activity, you are responsible for monitoring the activity of your Get account. As noted in paragraph 3.8 of the User Protection Guidelines, if you notice any misuse, theft or unauthorised use of your Mobile, Get Card, Mobile PIN or Card PIN or any other suspicious activity, you must contact the customer services team and if possible, enable the appropriate security features on the Mobile App. Where applicable, you may be required to provide all of the information set out in paragraph 3.9 of the User Protection Guidelines for the purposes of our review and investigation. If you suspect identity theft or theft of Electronic Money, we suggest that you contact local law enforcement as well.17. Restrictions on the use of the Get services
17.1. It is not permitted to:
1. use the Get Services for any illegal purposes, including, but not limited to fraud and money laundering, unlawful sexually oriented materials or services, counterfeit products, unlawful gambling activities, fraud, money laundering, the funding of terrorist organisations, the unlawful purchase or sale of tobacco, firearms, prescription drugs, other controlled substances or other products prohibited by law. Get will report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
2. use the Get Services to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full;
3. breach these Terms, the Get Cardholder Terms (as applicable) or any other agreement or policy that you have agreed with Get or with NIUM (acting as Card Issuer);
4. create more than one Get Account without our prior written consent;
5. use the Get Services to violate any law, statute, ordinance, or regulation;
6. use the Get Services for any illegal purposes including the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
7. use the Get Services to conduct activities pertaining to adult entertainment/pornography, auction houses, charities, chemicals and allied products, dating and escort services, binary options, legal services, political or religious organisations, video game arcades or establishments and business claiming to trade in prime bank guarantees, debentures, letters of credit or medium term notes;
8. infringe Get’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
9. act in a manner that is defamatory, libellous, threatening or harassing when using the Get Services;10. provide us with false, inaccurate or misleading information;
11. use the Get Services to engage in debt-collection activities;
12. instruct us to send or receive what we reasonably believe to be potentially fraudulent funds on your behalf;
13. attempt to intentionally or knowingly receive or attempt to receive funds from both Get and a merchant for the same Get Transaction;
14. control a Get Account that is linked to another Get Account that has engaged in any of these Restricted Activities;
15. conduct your business or use the Get Services in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Get, other Users, third parties or you;
16. use your Get Account or the Get Services in a manner that NIUM (acting as Card Issuer), Visa, Mastercard, American Express, Discover or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
17. allow any of the currencies in your Get Electronic Money Account to have a negative balance;
18. provide yourself with a cash advance from your credit card (or help others to do so);
19. take any action that imposes an unreasonable or disproportionately large load on our infrastructure; facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; use an anonymising proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our Website without our prior written permission; or interfere or attempt to interfere with the Get Services;
20. take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
21. use the Get Services to test credit card behaviours;’
22. circumvent any Get policy or determinations about your Get Electronic Money Account including, but not limited to, attempting to create a new or additional Get Account when a Get Electronic Money Account has a negative balance or has been restricted, suspended or otherwise limited; creating new or additional Get Electronic Money Accounts using Information that is not your own (e.g. name, address, email address, etc.); or using someone else’s Get Electronic Money Account;
23. harass our employees, agents, or other Users;
24. refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
25. use the Get Services in a manner that we believe may be a violation of any applicable electronic payment network rules, card association or network rules, or applicable law;
26. use the Get Services to trade FX for speculative purposes or for FX arbitrage;
27. refuse or fail to provide further information about you or your business activities that we may reasonably request;
28. conduct your business or use the Get Services in a manner that leads us to receive a disproportionate number of claims or chargebacks;
29. have a credit score provided by a third party provider of Get’s choosing which indicates a higher level of risk associated with your use of the Services; and/or
30. reveal your Mobile PIN or Card PIN to anyone or use anyone else’s Mobile App or Get Card.
17.2. You must ensure that you only enter into Get Transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via a Get Transaction is not an indication of the legality of the supply or provision of the goods and services.
17.3. We reserve the right to refuse to perform a Get Transaction directly or indirectly associated with any Restricted Country.
17.4. If Get, in its sole discretion, believes that you may have breached the provision of this Clause, we may take action to protect ourselves, other Users and third parties. The action we may take includes but is not limited to:
1. closing, suspending, or limiting your access to your Get Electronic Money Account or any or all of the Get Services.
2. contacting other Users who have transacted with you; contacting your bank or credit card issuer; and/or warning other Users, law enforcement, or impacted third parties of your actions;
3. updating inaccurate Information you have provided to us;
4. taking legal action against you;
5. terminating these Terms or access to the Website;
6. fully or partially reversing a Get Transaction; and/or
7. blocking your access to your Get Electronic Money Account and/or Get Dashboard temporarily or permanently.
17.5. Where possible, Get will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
18. Get transaction limits
18.1. We reserve the right to impose at our sole discretion Get Transaction Limits, based on criteria determined by us and that does not have to be disclosed.
18.2. You may be able to view some of these Get Transaction Limits by logging onto the Get Dashboard. Get may, from time to time, provide you with procedures or methods to remove or increase such limits. We reserve the right to remove Get Transaction Limits from the Get Dashboard.
18.3. We are required to impose limits on how much electronic money you can hold and transact. See paragraphs 8, 11, 12, 13, 14, and 15.
19. Suspending your use of the Get services
19.1. We reserve the right to change, suspend or discontinue any aspect of the Get Services at any time, including hours of operation or availability of the Get Services or any Get Services feature, without notice and without liability.
20. Our right to set-off
20.1. On the happening of any event which entitles us to be compensated by you (including, but not limited to, any technical errors on our behalf or on behalf of our third-party providers), we shall be entitled to recover any sum due to us by retaining part or all of any sum that you have lodged with us under any Get Transaction or otherwise. You shall have no similar right of set-off. For the avoidance of doubt, this includes if one of the currency balances in your Get Electronic Money Account shows that you owe us an amount of funds for any reason or has a negative balance, Get may set-off the amount you owe us by using funds you maintain in that currency or in a different currency balance or by deducting amounts you owe us from money you receive into your Get Electronic Money Account, or money you attempt to withdraw or send from your Get Electronic Money Account, or in a different Get Electronic Money Account which you control and by deducting funds from any withdrawals you attempt to make.
20.2. On the happening of any event which entitles us to be compensated by you, if for whatever reason we are unable to exercise our right of set-off pursuant to Clause 20.1, we may initiate a payment transaction for the amount we are due to be compensated by you from one of your Stored Cards or User Bank Accounts.21. Our liability with respect to instant transfers, Get bank transfers, and Get card purchases
21.1. You warrant that you are an individual acting solely on your own behalf and are acting for a purpose other than a trade, business or profession.
21.2. If you believe that an Instant Transfer, Get Bank Transfer, or a Get Card Purchase has been incorrectly executed or was not authorised by you, you must inform us as soon as possible via the chat function on the Get Dashboard. Failure to notify us immediately on becoming aware or within the 13 months of the date of the unauthorised or incorrectly executed Instant Transfer, Get Bank Transfer, or Get Card Purchase will result in you losing your entitlement to have the matter corrected.
21.4. You will be liable for:
1. all losses incurred in respect of an Instant Transfer, a Get Bank Transfer, and Get Card Purchase made by us which was not authorised by you, if you have acted fraudulently, or have intentionally or with gross negligence failed to comply with the obligations set out in Clause 18 (Security) or you have not notified us on time in accordance with Clause 21.2; and
2. where Clause 21.4(1) does not apply, up to S$ 60 of any losses incurred in respect of Instant Transfers, Get Bank Transfers, and Get Card Purchases which were not authorised by you, where you have otherwise failed to comply with your obligations under Clause 16 (Security).
22. General liability
22.1. You can reach us via the chat function on the Get Dashboard.
22.2. We shall not be liable for non-execution or defective execution in relation to an Instant Transfer or Get Bank Transfer we have made in accordance with a unique identifier given to us by you which proves to be incorrect. However, we shall make reasonable efforts to recover funds involved in that transaction and may charge you for doing so, including passing on to you charges made by intermediary banks and/or the payee’s bank for their assistance in the tracing process.
22.3. We are not liable to you for the correct execution of an Instant Transfer, a Get Bank Transfer, or a Get Card Purchase, if we can prove to you (and where relevant, to any payee’s payment services provider) that the payee’s payment services provider received the payment within the appropriate time period. We will however, upon your request, make efforts to trace any non-executed or defectively executed payment transactions or any Get Bank Transfers which were correctly executed to an account which is deemed fraudulent and notify you of any outcome involving our investigation.
22.4. Please note that any restriction on your liability in relation to an unauthorised or incorrectly executed payment transaction does not apply to losses arising from and/or in relation to Electronic Money Exchanges or Monetary Exchanges.
22.5. We are liable to you for the correct transmission of a payment order representing a Top-Up via Stored Card within the relevant time limit. Where we are liable, we will immediately re-transmit the payment order in question.
22.6. We shall not be liable to you for any:
1. loss or damage which you may incur as a result of losses or costs caused by abnormal and unforeseeable circumstances outside our reasonable control, which would have been unavoidable despite all efforts to the contrary, which might for example include delays or failures caused by problems with another system or network, mechanical breakdown or data-processing failures;
2. consequential or indirect loss (such as loss of profits or opportunity) you may incur as a result of us failing to perform our duties under a Get Transaction; or
3. losses as a result of us taking action (or not taking action) as necessary to meet our legal obligations.
22.7. You are responsible for all liabilities, financial or otherwise, incurred by NIUM (acting as Card Issuer), Get, a Get User, or a third party caused by or arising out of your breach of these Terms, your use of the Get Services, and any use of your Get Account. You agree to reimburse NIUM (acting as Card Issuer), Get, a Get User, or a third party for any and all such liability, to the extent not prohibited by applicable law.
22.8. You remain liable under these Terms in respect of all charges and other amounts incurred through the use of your Get Account at any time, irrespective of termination, suspension or closure.
22.9. You alone are responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Get Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions. You are liable to the state and other subjects for fulfilment of all tax obligations independently. Get shall not be responsible for the execution of tax obligations, or calculation and transfer of taxes applied to you.
22.10. You agree to defend, reimburse or compensate us (known in legal terms to “indemnify”) and hold Get, our third party providers, our employees or agents who are authorised to act on our behalf harmless from any claim or demand (including legal fees) made or incurred by any third party due to or arising out of your breach of these Terms, breach of any law and/or use of the Get Services.
22.11. Nothing in these Terms shall operate to exclude liability for death or personal injury or for fraud or fraudulent misrepresentation or for any liability cannot be excluded or amended under Singapore law.
22.12. In no event shall Get be liable for loss of profits or any special, incidental or consequential damages arising out of these Terms or otherwise in connection with the Get Services, howsoever arising.
22.13. We are not liable for any loss you incur resulting from your use of the Get Card which shall be the sole responsibility of NIUM (acting as Card Issuer) and subject to the Get Cardholder Terms (as applicable).
22.14. To the extent permitted by applicable law, Get is not liable, and you agree not to hold it responsible, for any damages or losses (including, but not limited to, loss of money, goodwill, or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
1. your inability to use the Get Services for whatever reason;
2. delays or disruptions in the Get Services;
3. viruses or other malicious software obtained by accessing the Website or any associated site or service;
4. glitches, bugs, errors, or inaccuracies of any kind in the Get Services;
5. the content, actions, or inactions of third parties;
6. a suspension or other action taken with respect to your Get Account;
7. your need to modify practices, content, or behaviour, or your loss of or inability to do business, as a result of changes to these Terms or Get’s policies; and/or
8. illegal actions and operations of third persons performed using counterfeited and/or illegal documents or illegally received data.
23. Closing your account
23.1. Your Get Account will be closed at the end of the term of this agreement in accordance with Clause 3.1 or upon termination of these Terms in accordance with Clause 31.1 (Amendments to these Terms) and Clause 35 (Termination). You accept that after your Get Account has been closed, Get will store personal data about you and your Get Transactions for a period of six years.
23.2. If your Get Electronic Money Account holds a balance at the time of its closure, we may ask you to withdraw your funds within a reasonable period of time, during which your Get Electronic Money Account will be accessible for the purpose of withdrawing the remaining balance only. After the expiry of this period you will not be able to access your Get Electronic Money Account but you may withdraw any remaining funds for a period of six years from the date of closure of your Get Account by contacting customer service and requesting that the funds be sent to you by returning the funds by either a card refund or bank transfer. Prior this, our staff will require you to provide photo valid identification on the account for regulatory obligations. When your Get Account is closed, any pending instructions will be cancelled.
23.3. You may not close your Get Account to evade an investigation. If you attempt to close your Get Account while Get is conducting an investigation, it may freeze the account to protect all parties to the Get Services, its affiliates, or a third party against any liability. You will remain liable for any obligations related to your Get Account even after it is closed.
24. Notice and communications
24.1. You agree and consent to electronic receipt of all Communications that we provide in connection with the Get Services. We will provide Communications to you by making them available on the Get Dashboard or by emailing them to you at the primary email address listed in your Get Account Profile.
24.2. It is your responsibility to enable and monitor the transaction notifications sent to you via the Get Dashboard and registered email account (where applicable). It is your responsibility to ensure that you log onto the Get Dashboard regularly and regularly review the Get Dashboard, the Website and your primary email address and open and review communications that we deliver to you through those means. You are obligated to review your notices and Get Transaction History, and to promptly report any questions, apparent errors, or unauthorised Get Transactions. Failure to contact us in a timely manner may result in loss of funds or important rights.
24.3. We may contact you from time to time to notify you of changes or information regarding your Get Account. It is your responsibility to ensure you regularly check the Get Dashboard and that your contact information stored on your profile in the Get Dashboard is up to date. You may contact us in accordance with these Terms via the chat function on the Get Dashboard.
25.2. Get reserves the right to transmit the Information or personal data about you as well as activity in your Account to law enforcement institutions, state authorities and financial institutions, if such is necessary to comply with relevant legislation, and in order to identify whether these Terms and relevant legislation have not been violated.
25.4. By providing Get with a telephone number (including a mobile telephone number), you agree to receive autodialed and pre-recorded message calls at that number. The ways in which you provide us a telephone number include, but are not limited to, providing a telephone number at Get Account opening, adding a telephone number to your profile on your Get Dashboard at a later time, providing it to one of our employees, or by contacting us from that phone number. If a telephone number provided to us is a mobile telephone number, you consent to receive SMS or text messages at that number, for service-related matters. We will not share your phone number with non-affiliated third parties for their purposes without your consent and we will never market, advertise, or solicit you using autodialing or pre-recorded messages, but we may share your phone numbers with our affiliates or with other service providers, such as billing or collections companies, who may contact you using autodialed or pre-recorded message calls or text messages.
25.5. You understand and agree that Get may, without further notice or warning and in our discretion, monitor or record the telephone conversations you or anyone acting on your behalf has with Get or its agents for quality control and training purposes or for its own protection. You acknowledge and understand that, while your communications with Get may be overheard, monitored, or recorded without further notice or warning, not all telephone lines or calls may be recorded by Get, and Get does not guarantee that recordings of any particular telephone calls will be retained or retrievable.
25.6. You agree that we can use your Information in connection with your Get Account, to enable us to review, develop and improve our products and services. This may involve providing your Information to our partners, affiliates, agents, distributors and suppliers to process Get Transactions and for their statistical research and analytical purposes. We may also disclose your Information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.
25.7. You understand and agree that we may collect information about how you and other Get Users interact with the Get Services. We may access the address book on your device and store names and contact information to facilitate social interactions through the Get Services and for other purposes. We collect transaction details related to your use of the Get Services, including the type of service requested, date and time the service was provided, amount charged and other related transaction details. We may collect information about your mobile device, including for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information and mobile network information. You agree that we may use the information that we collect to facilitate interactions with the Get Services, including sharing certain non-sensitive information about you with other Get Users.
26. Intellectual property
26.1. The Get Dashboard and the Website and all intellectual property rights contained therein, including but not limited to any content, are owned or licensed by us. Intellectual property rights means rights such as: copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). Get’s intellectual property include "Get.com," "Get", “Beyond Banking”, “the Global Money App” and all logos related to the Get Services. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Get. You may not copy, imitate, or use them without our prior written consent.
26.2. We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
26.3. Nothing in these Terms grants you any legal rights in the Get Dashboard and/or the Website, other than as necessary to enable you to access the Get Dashboard. You agree not to adjust or try to circumvent or delete any notices contained on the Get Dashboard (including any intellectual property notices) and in particular in any digital rights or other security embedded or contained within the Get Dashboard.27. Customer support and complaints
27.1. We take all complaints, feedback and queries seriously. Any complaints about us or feedback/ query regarding the services we provide should be addressed to the chat function on the Get Dashboard. Alternatively, you could send an email to [email protected]
(for complaintsIf you have a complaint, please clearly indicate that you are wishing to make a complaint as this helps us to distinguish a complaint from a feedback/ query. Our complaints procedure (available on our Website) sets out the process for submitting and resolving any complaints. You may request a copy of our complaints procedure at any time by contacting customer services via the chat function on the Get Dashboard.
27.2. A final response to your complaint, or a letter explaining why the final response has not been completed, will be sent to you within 14 Business Days of your complaint having been made. Should this not be possible due to unforeseen circumstances or lack of information, we will contact you.28. Amendments to these terms
28.1. These Terms may be amended unilaterally by us, by providing you with one months’ notice. These changes will be deemed to have been accepted by you where you do not, before the proposed date of the entry into force of the changes, notify us to the contrary. If you do notify us to the contrary, your notification will be deemed to be a notice that you wish to close your Get Account and terminate these Terms on the date upon which the changes are to take effect.
28.2. Where an amendment to the Terms is required by law or relates to the addition of a new service, extra functionality to the existing Service, a reduction in the cost of the Services or any other change which neither reduces your rights nor increases your responsibilities, the amendment may be made without prior notice to you and shall be effective immediately.
29.1. The fees we charge for the Get Services are set out in the separate Fees and Pricing Section here to these Terms. We will provide you with notice of any changes to the Fees and Pricing Section in accordance with these Terms. It is your responsibility to stay informed and review these changes once we have provided you notice of a change to our fees.
29.2. The fees we charge for any other transactional fees are clearly shown on the Get Dashboard prior to you completing an action and accepted by you or a User.
29.3. We shall deduct the fees that you owe us from the SGD currency balance in your Get Electronic Money Account. If there is not enough SGD balance in your Get Electronic Money Account, we shall deduct the equivalent fees from a different currency balance(s) using our Exchange Rates. If there is not enough Electronic Money in your Get Electronic Money Account to pay your fees in any currency, then we shall take our fee from the Stored Card you supplied when signing up for the Get Services or other Stored Card belonging to you which has been provided to us. We reserve the right to suspend your access to your Get Services if we are not paid any monies owing to use by you on time.
29.4. Fees for the delivery of replacement Physical Get Cards shall be charged at the time the request for Physical Get Card is made. If your Get Electronic Money Account balance is insufficient to cover the fees for the delivery of the replacement Physical Get Card, then we may refuse to issue the replacement Physical Get Card. If your Physical Get Card has been lost, stolen or misappropriated we will only charge you for the costs associated with replacing your Physical Get Card and sending it to your applicable jurisdiction.
30. No warranty
30.1. The Get Services are provided on an "as is", "as available" basis and without any representation or warranty, whether express, implied or statutory. Get, and the officers, directors, agents, joint ventures, employees and suppliers of Get, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by the Get Services used on or accessed through the Get Services, or for any breach of security associated with the transmission of sensitive information through the Get Services.
30.2. Get does not warrant that the Get Services will be uninterrupted or error free. Get shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Get Transactions or the Get Services.
30.3. Get does not have any control over the products or services that are paid for using the Get Services.
30.4. Get is not responsible for the quality, performance, or any consequential results of the products and/or services purchased using the Get Services.31. Termination
31.1. Get, in its sole discretion, may terminate these Terms at any time, by giving you one months’ notice. The termination of these Terms will not affect any of our rights or your obligations arising under these Terms.
31.2. You may terminate these terms at any time by providing us with one month’s notice, such notice to be provided using the chat function on the Get Dashboard.
31.3. Without prejudice to any rights that have accrued under these Terms, or any party’s other rights or remedies, either party may at any time terminate these Terms with immediate effect by giving written notice to the other party if:
1. the other party commits a material breach of any term of these Terms and (if such breach is remediable) fails to remedy that breach within a period of 30 days after being notified in writing to do so;
2. the other party repeatedly breaches any of the terms of these Terms in such a manner as to reasonably justify the opinion that its conduct is inconsistent with it having the intention or ability to give effect to the terms of these Terms;
3. the other party is subject to a bankruptcy, insolvency, winding up or other similar event; and/or
4. the result of laws, payment scheme rules, regulatory authority rules or guidance or any change in or any introduction thereof (or change in the interpretation or application thereof) means that it is unlawful or contrary to any such law, rules, order or regulations for either of the parties to perform or give effect to any of its obligations hereunder and such obligation cannot be readily severed from these Terms.
31.4. Without prejudice to any rights that have accrued under these Terms or any of the party’s rights or remedies, we may at any time terminate these Terms with immediate effect by giving written notice to you if:
1. we are unable to verify your information in the manner set out in these Terms;
2. you die;
3. we have reason to believe that your use of the Get Services: damages, corrupts, degrades, destroys and/or otherwise adversely affects the Get Services, or any other software, firmware, hardware, data, systems or networks accessed or used by you;
4. there is a significant fluctuation (either positive or negative) in the aggregate number of Get Transactions you enter into;
5. you have acted or omitted to act in any way which we reasonably determine to diminish Get's (acting as Card Issuer or otherwise) business operations and/or reputation and/or goodwill and/or which we reasonably determine or suspect to give rise to any offence or any increased risk or liability to us; and/or
6. we are unable to provide the Get Services to you through the inability of any third party to provide us with any good and/or service that we require to provide the Get Services to you.
31.5. Other actions we may take. If you have breached the terms of these Terms (including a breach of your obligation to pay us any amount owing), we are otherwise entitled to terminate these Terms, or we may: suspend your use of the Get Services (in whole or in part) in which case we will not treat any order for a Get Transaction that you may wish to make as being received by us; report any Get Transaction or any other relevant information about you and your use of the Get Services to the relevant regulatory authority, law enforcement agency and/or government department; and/or if appropriate, seek damages from you.
31.6. Termination of these Terms requires the closing of your Get Electronic Money Account in accordance with Clause 23 and the termination of all Get Cards and the associated Get Cardholder Terms (as applicable). Get will deal with your remaining balance in accordance with these Terms and the Get Cardholder Terms (as applicable).
31.7. Any terms which by their nature should survive, will survive the termination of these Terms.
32. Third party providers
32.1 If applicable, you can choose to allow a Third Party Provider (TPP) to access information on your Get Account, to combine and display information about your Get Account with information from accounts you have with other payment service providers, and, if applicable to your Get Card, to make payments for you from your Get Account, provided the TPP is authorised by the Monetary Authority of Singapore.
32.2 If you do, you must keep us informed of any incorrect or unauthorised transactions that happen so we can take steps to stop further misuse of your Card and arrange any refund you've been entitled to.
32.3 If you are thinking of using a TPP, it is important you check with the applicable regulator whether it is authorised before you use it.
32.4 We can refuse or stop access to a TPP if we're concerned it isn’t authorised or if we believe it's fraudulent or acting fraudulently. If that happens, we'll contact you to explain why unless we believe that would compromise our security or it would be unlawful.
33.1. In order to use other functions of the Get Services, you may be requested to accept other terms and conditions, either with Get or with a third party.
33.2. To be eligible to use the Get Services, you must:
1. pass our regulatory due diligence checks;
2. not be in breach of these Terms; and
3. not have had any previous Get Account closed by us.
33.3. These Terms shall be governed by the laws of Singapore and any claim or dispute arising out of or in relation to these Terms shall be subject to the non-exclusive jurisdiction of the courts of Singapore.
33.4 We may report any unlawful activity (or suspected unlawful activity) by you or another person to the police or other appropriate authorities, and cooperate with them in any investigation. We may also require your reasonable cooperation in alternative dispute resolution procedures as a means of disputing or issuing any claims in relation to these Terms.
33.5. These Terms do not intend to confer any benefit on any third party and no third party shall have the right to enforce these Terms or any Get Transactions.
33.6. The Electronic Money in your Get Electronic Money Account belongs to the person or legal entity which is registered as the Get Account holder. We recognise only the rights of the holder of the Get Account. You cannot assign or transfer legal ownership of the Get Electronic Money Account to anyone.
33.7. It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your Get Transactions, or for collecting, reporting or remitting any taxes arising from any Get Transactions. In certain circumstances, the laws of the country in which you carry out a Get transaction may permit Get to collect from you stamp duty or other tax up to the maximum amount specified by applicable laws.It is your responsibility to comply with any and all applicable tax laws in connection with your use of the Get Services, including without limitation, the reporting and payment of any taxes arising in connection with Get Transactions made through the Get Services.
33.8. If we fail to enforce any of our rights under the Terms, or applicable laws, it shall not be deemed to constitute a waiver of such right.
33.9. You may not transfer or assign or sell any rights or obligations you have under these Terms or otherwise grant any third party a legal or equitable interest over your Get Electronic Money Account without Get’s prior written consent. Get reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time.
33.10. We may comply with any subpoena, levy, or other legal process which we believe to be valid. We may notify you of such a process electronically, by phone, or in writing.
33.11. Get (acting as Card Issuer or otherwise) has the right to change any of its third-party service providers, including without limitation the Card Processor, with or without notice.
33.12. Get reserves the right, but shall have no responsibility, to edit, modify, refuse to post or remove any provider content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms.
33.13. Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
33.14. We do not provide advice and contract on an execution only basis. We may provide information to you from time to time, for example via the Get Dashboard or the Website, but we will not and do not provide advice to you either upon the merits of a proposed Transaction or upon any other matter. Before entering into any Get Transaction you must make your and their own independent assessment as to whether it is appropriate to enter into a Get Transaction based upon your own judgment and upon such advice from such advisers as you consider necessary. It is an express term of every Get Transaction which you enter into with us that you are not relying upon any communication (written or oral) made by us as constituting advice about or a recommendation to enter into such Get Transaction. Foreign currency exchange rates are subject to fluctuations outside our control. Past movements or trends in the movement of foreign currency exchange rates should not be taken as an indicator of future movements in such exchange rates.
33.15. Clause, Schedule and paragraph headings shall not affect the interpretation of these Terms.
33.16. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
33.17. The Schedules form part of these Terms and shall have effect as if set out in full in the body of this agreement. Any reference to this agreement includes the Schedules.
33.18. A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.
33.19. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
33.20. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
33.21. These Terms shall be binding on, and ensure to the benefit of, the parties to these Terms and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
33.22. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time.
33.23. A reference to writing or written includes email and the chat function on the Get Dashboard.
33.24. Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
33.25. These Terms shall be concluded and interpreted in the English language. If these Terms are translated into another language, it is for reference purposes only. All communications between the parties shall be in the English language.
33.26. A reference to these Terms or to any other agreement or document referred to in these Terms is a reference to these Terms or such other agreement or document as varied or novated (in each case, other than in breach of the provisions of these Terms) from time to time. References to Clauses and Schedules are to the Clauses and Schedules of these Terms and references to paragraphs are to paragraphs of the relevant Schedule.
33.27. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
33.28. Supplements to these Terms are an integral part of these Terms, under which you and Get agree on usage of specific services as defined in the Supplements.
33.29. The definitions set out in Schedule 1 apply to these Terms.
Schedule 1 — Definitions
“Business Day" means a day other than a Saturday, Sunday or public holiday in Singapore.
"Card Issuer" means NIUM Pte. Ltd. which is licensed by a card scheme to issue Get Cards and manage the associated funds across the Visa or Mastercard network.
“Card PIN” means personal identification number, which is associated with your Get Card and allows you to enter into Get Card Transactions.
"Card Processor" means a third-party payment network card (e.g, Global Processing Services) processor.
"Communications" means information provided relating to your Get Account or any Get Transaction, including: any agreements and policies you agree to, (e.g., these Terms) including updates to these agreements or policies; disclosures and notices, including prospectuses and reports for transaction receipts or confirmations; Get Account statements and history; and payments authorisations and transaction receipts or confirmations; documents; and any other information related to your Get Account or the Get Services.
“Cooling-Off Period” means your fourteen (14) days cancellation right to cancel your Subscription Subscription, starting from the day you first sign up for your Subscription Services.
“Counterparty” means the person you wish to send Electronic Money or money to.
“Counterparty Bank Account” means the bank account of the Counterparty.
"Designated Sub-User" shall have the meaning as ascribed to it in Clause 1.4.
“Electronic Money” means electronically stored value represented by a claim against Get.
“Electronic Money Exchange” has the meaning set out in Clause 9.1(a).
“Exchange Rate” has the meaning set out in Clause 16 and the Fees and Pricing Section.
“Fees and Pricing Section” means the separate fees schedule outlining the fees we charge in relation to the Get Services which can be found here.
“Force Majeure Event” means an event which is beyond the reasonable control of an affected party including without limit any market disruption, acts or restraints of government(s) or public authorities, war, Getion, strikes or other industrial action, fire, flood, natural disaster, explosion, terrorist action, the suspension or limitation of trading by any execution venue, or any breakdown, failure, defective performance or malfunction of any telecommunications settlement or other equipment or systems."Information" means any confidential and/or personally identifiable information or other information, including but not limited to the following: name, email address, date of birth, tax identification number, billing/shipping address, phone number and financial information.
“Instant Transfer” has the meaning set out in Clause 9.1(b).
“Mobile” means your smartphone or other electronic device upon which you have downloaded the Get Mobile App.
“Mobile App” means the mobile application accessible through your Mobile where you can obtain access to your Get Dashboard.
“Mobile App Terms” means the terms and conditions governing your use of the Mobile App which can be found on the Mobile App.
“Mobile PIN” means your personal identification number which is entered onto the Get Mobile App to gain access to the Get Dashboard.
“Monetary Exchange” is not a service in its own right but will be part of a Get Bank Transfer, or a Get Card Purchase and means redeeming Electronic Money in your Get Electronic Money Account and using it to purchase money in a different currency using our Exchange Rates.
“Physical Get Card” means both the Standard Get Card and the Subscription Get Card.
“Subscription Get Card” means the tangible plastic card issued to Subscription Users which allows Subscription Users to enter into Get Card Purchases.
“Subscription Service” means the benefits you are entitled to as a result of being a Subscription User, which includes, but isn’t limited to, unlimited use of our Standard Exchange Rate, an increased threshold for free, benefitting from the Overseas emergency medical insurance and around the clock customer support.
“Subscription Subscription” means a monthly or annual subscription to the Subscription Service.
“Subscription Subscription Fees” means the fees payable for the Subscription Service by a Subscription User, which are set out in the Fees and Pricing Section.
“Subscription User” means a holder of a Get Account who avails of the Subscription Service.
“Restricted Countries” means those countries that do not appear on the Get Dashboard."Get" "we," "us," or "our" means Get Technologies APAC Pte. Ltd., the details of which are set out in Clause 2.1.
“Get Account” means your relationship with us as described in these Terms, including but not limited to your virtual account used to access the Get Services.
"Get Account Profile" means your profile, accessible on the Get Dashboard where you can view, among other things, your details, your price plan and your verification limits.“Get Bank Transfer” has the meaning set out in Clause 9.1(c).
“Get Card” means both Physical Get Cards and Virtual Get Cards.
“Get Cardholder Terms” means the terms and conditions between you and NIUM (acting as Card Issuer) relating to the issuance to you and the use by you of the Get Card.
"Get Card Purchase" has the meaning set out in Clause 9.2(b).
“Get Card Transaction” has the meaning set out in Clause 9.2.
“Get Dashboard” has the meaning set out in Clause 5.1.
“Get Dashboard Transaction” has the meaning set out in Clause 9.1.
“Get Electronic Money Account” means an account with us in which Electronic Money is held.
“Get Services” means you being given access to the Get Dashboard via the Mobile App and being able to enter into Get Dashboard Transactions, you being issued with a Get Card and being able to enter into Get Card Transactions and the management of your Get Account and if you are a Subscription User the Subscription Service any other services provided by Get to you from time to time.
“Get Transactions” means both Get Dashboard Transactions and Get Card Transactions.
“Get Transaction History” means the list of Get Transactions you have entered into, which is available on the Get Dashboard.
“Get Transaction Limits” means the limits Get imposes on the Get Transactions you can enter into, the details of which will be set out on the Get Dashboard.
“Get User” means a user of Get which is not you.
“Standard User” means an individual with a Get Account which is not a Subscription User.
"Stored Card" means the credit card, debit card, or other payment card, which you register for use on the Get Dashboard and which will be used by Get to receive funds against which we will issue Electronic Money to your Get Electronic Money Account or for other purposes under these Terms.
“Supplement(s)” means an agreement between Get and you for the provision of separate services by Get or one of its partners to you, which will be set out on the Website.
“Third Party Bank Transfer” means a payment from a person which is not you to one of our bank accounts, the details of which we shall provide to you, as part of the process of requesting a Top-Up.
“Top-Up” means you or a third party sending money to us in return for us issuing Electronic Money to your Get Electronic Money Account as further described in Clause 8.
"User", “you” or “your” means you being the individual that has agreed to these Terms to use the Get Services. Reference to the term "User", "you" or "your" shall include any Designated Sub-User(s) (if any) where appropriate and unless indicated otherwise.
“User Bank Account” means a bank account belonging to you.
“User Bank Transfer” means a transfer from a User Bank Account, performed by the User’s payment service provider, to one of our bank accounts, the details of which we shall provide to you or your bank, as part of the process of requesting a Top-Up.
“Virtual Get Cards” means the virtual non-tangible cards that allow you to enter into Get Card Purchases.
“Website” means our general website, the web address of which is https://useget.com.
“Website Terms” means the terms and conditions regarding the use of our Website which can be found on our Website.