PLEASE READ THESE TERMS (AS DEFINED BELOW) CAREFULLY BEFORE USING GET OR GET VISA VIRTUAL ACCOUNT (AS DEFINED BELOW). IF IN DOUBT, PLEASE SEEK PROFESSIONAL ADVICE. BY USING GET IN ANY WAY, YOU CONFIRM AND AGREE THAT THESE TERMS FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND GET TECHNOLOGIES APAC PTE LTD (“GET”). IF YOU DO NOT ACCEPT THESE TERMS (OR ANY PART THEREOF), PLEASE DO NOT USE GET AND DO NOT APPLY FOR OR USE ANY OF THE PRODUCTS AND SERVICES OFFERED OR PROVIDED ON OR VIA GET. IN THE EVENT OF A CONFLICT OR INCONSISTENCY BETWEEN THESE TERMS AND ANY OTHER TERMS AND CONDITIONS BETWEEN YOU AND GET IN RELATION TO THE SUBJECT MATTER OF THESE TERMS, THE PROVISIONS OF THESE TERMS SHALL PREVAIL TO THE EXTENT OF SUCH CONFLICT OR INCONSISTENCY.
GET APPLICANTS AND USERS WHO ARE UNDER 18 YEARS OF AGE SHOULD SEEK PARENTAL CONSENT AND CAN USE THIS SERVICE ONLY IN CONJUNCTION WITH AND UNDER THE SUPERVISION OR CONSENT OF A PARENT OR GUARDIAN. BY REGISTERING FOR AND/OR USING GET OR GET VISA VIRTUAL ACCOUNT IN ANY WAY, YOU CERTIFY THAT YOU HAVE UNDERSTOOD THESE TERMS AND THAT YOU ARE EITHER AT LEAST 18 YEARS OLD OR HAVE OBTAINED PARENTAL CONSENT FOR USE OF GET OR GET VISA VIRTUAL ACCOUNT. GET HAS THE RIGHT TO TERMINATE THE ACCOUNT IF IT DISCOVERS THIS HAS BEEN BREACHED.
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 GetTransaction(s); and
(b) the use of theGet Dashboard and other Get Services. Before you can enter into GetTransactions 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.
1.2. These Terms incorporate the Website Terms, the Cookie Policy, the Privacy Policy, theMobile App Terms and any Supplements by this reference. By accepting theseTerms, you are deemed to have accepted the terms and conditions of our third party service providers and the relevant Get Cardholder Terms.
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, but in any event are no less than 14 years of age (*minimum age of eligibility), 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. You shall not be eligible to access and use the Get application (including to effect and obtain any Get Service) if you are less than 14 years of age, or not a Designated Sub-User.
* Minimum age of eligibility was changed from 14 years old to 18 years old on 19 Aug 2021. To maintain service consistency, minimum age of 14 years old was enforced on all users who signed up before 19 Aug 2021, and minimum age of 18 years old is enforced on all users who signs up after 9 July 2021.
1.3A 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 from your parents or guardian, 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 but above 14 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 ofage and you do not have approval from your parents or guardian, or are under 14years of age.
1.4 User(s) thatare parent(s) or legal guardian(s) may designate their child(ren) or ward(s)under 18 yearsof age as a designated sub-User ("DesignatedSub-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 authorisethe following: 1.4 User(s) thatare parent(s) or legal guardian(s) may designate their child(ren) or ward(s)under 18 yearsof age as a designated sub-User ("DesignatedSub-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 authorisethe following:
(a) you confirmand agree by providing details of your Designated Sub-User and nominating suchperson to be your Designated Sub-User, such person shall be authorised to usethe Get Services through your Get Account including carrying out transactionson your Get Account and/or subscribing for additional Get Services;
(b) you instructus that all transactions and/or instructions issued in relation to your GetAccount by such Designated Sub-User are to be treated and considered as beinginstructed to us by you, including any subscription for additional GetServices; and
(c) in providingyour Designated Sub-User access to Get Services through your Get Account, youare solely responsible and liable for monitoring the usage of your Get Accountand/or the Get Services by your Designated Sub-User, and shall be liable forany transactions, fees, charges, debts and/or any liabilities incurred inrelation to the same. In relation to such Designated Sub-User, you acknowledge that these Terms will apply to you and each Designated Sub-User, asapplicable, you hereby expressly accept these Terms on behalf of yourself andeach Designated Sub-User and you hereby agree that you shall ensure that the Designated Sub-Usercomplies with the Terms. You further agree to and accept full responsibilityfor any Designated Sub-User’s use of Get Services.
1.4A. Ifwe are aware of, suspect or have any reason to believe that you are not theparent or legal guardian of the Designated Sub-User, or thelegal parent or guardian of the Designated Sub-User has not provided consentand permission, or you are not above 18 years of age, we have the right to takeany of the measures as discussed in Clause 1.3A above, including but notlimited to locking your Get Account, subject to being provided with proof orevidence of your status as the parent or legal guardian of the DesignatedSub-User, as we may deem acceptable in our sole discretion. If we are satisfiedof your status as parent or legal guardian, we will unlock your account. If youfail to provide such proof within reasonable time, we will terminate your GetAccount and your ability to use our Get Services.
1.5. Once you havecompleted the above and you have passed our internal checks, we shall make the GetDashboard available to you.
1.6. You confirm that you haveprovided the correct Information during the process of creating a Get Account.You undertake that, if your details change, you will notify us immediately. Youshall bear any losses that occur due to the submission of invalid, incorrect orinaccurate Information.
2.Regulatory information
2.1. These Termsare 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 371 Beach Rd, #26-06,Singapore, 199597.2.2. GetTechnologies APAC Pte. Ltd. is exempted from licensing as set out in regulation28 of the PSR to carry on the businessof providing Account Issuance Service, Domestic Money Transfer Service,Cross-border Money Transfer Service and E-money Issuance Service.
2.3. Users areadvised to read the terms and conditions carefully. By agreeing to these Terms,you are deemed to have agreed to the relevant Get Cardholder Terms asstipulated by the Card Issuer which are available on Get'swebsite.
3.Commencement, term and your Get account
3.1. These Termsshall commence on the day that Get confirms to you via the Mobile App that yourGet Account has been approved and shall continue until terminated in accordancewith 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 yourbehalf, is stored. The Electronic Money in your Get Electronic Money Accountmay be used by you to enter into:
1. Get DashboardTransactions; and
2. Get CardTransactions.
3.3. You may berequired to provide supplemental information to us to be able to use all of thefunctionality available.
3.4. When we hold Electronic Money for you, us holding the funds correspondingto the Electronic Money is not the same as a Bank holding money for you inthat:(a) we cannot andwill not use the funds to invest or lend to other persons or entities;(b) yourElectronic Money will not accrue interest; and(c) yourElectronic Money is not covered by the Deposit Insurance Scheme. The fundscorresponding to Electronic Money will be held in one or more segregated bankaccounts separately from our own funds.
3.5. As required by the Payment Services Act, we safeguard money in a corporatebank account held with our Partner Bank United Overseas Bank Ltd. Client Moneyis commingled with other customers’ money.
3.6. We may stopyour access to the Get Dashboard and/or the Get Card on reasonable groundsrelating to:1. the security ofthe Get Dashboard or the Get Card; or
2. the suspectedunauthorised and/or fraudulent use of the Get Dashboard or the Get Card.If we do stop youraccess in such instances, we will inform you via the Mobile App and direct youto our customer services team via the chat function on the Get Dashboard. 4.Sponsor services4.1. If you chooseto become a Sponsor User:1. we shall provideyou with the Sponsor Services; and
2. you shall pay usthe Sponsor Subscription Fees.
Paymentfor Subscription Services4.2 Unless younotify us with appropriate notice before the next due date of your SponsorSubscription Fees that you want to cancel your Sponsor Subscription, we willautomatically charge you the then-applicable periodic Sponsor Subscription Feesusing your preferred payment method.
4.3 If your preferred payment method becomes invalid during your subscriptionperiod, 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 GetAccount, in accordance with clause 17 (Your Balance and Negative Balances). Ifall 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), youmust provide us with a new eligible payment method within 30 days or your SponsorSubscription will be cancelled.Cancellationand refunds4.4 The SponsorSubscription Fees are non-refundable except as expressly set forth in theseTerms.4.5 You may cancelthe annual renewal of your Sponsor Subscription at any time by providing us with one calendar months’ notice. Upon such notice, you will be required tocontact our customer support team via the chat function on the Get Dashboard.4.6 By signing upfor a Sponsor Subscription, you expressly request for the subscription periodof the relevant Sponsor Services to commence from the moment that your SubscriptionSubscription is confirmed. For the avoidance of doubt, in the event that weoffer a one month free trial promotion in relation to the SubscriptionServices, the Cooling-off Period will begin immediately from the moment that wemake the Subscription Services available to you on the Get Dashboard.4.7 If neither younor anyone authorised by you to use your account has taken advantage of any SubscriptionServices in the current membership period, we will refund you the Subscriptionmembership fee in full. Otherwise you may be eligible for a partial refund ofthis membership fee based on benefits usage by you or anyone authorised by youto use your account in your current membership period.4.8 If you cancelthe Subscription Services anytime outside of your Cooling-Off Period andsigned-up to a:1. monthly paymentplan then your cancellation will serve as notice to pay the S$20 Monthly PlanBreak Fee if you cancel within the first ten (10) months. If you cancel inmonth eleven (11) you will pay S$9.99 and retain your subscription for theremaining period of your 12-month payment plan. Example: If you started theMonthly Payment Plan on 1st January, you are able to give notice to cancelearly and pay the S$20 Monthly Plan Break Fee on any day prior to 30th October. 2. yearly paymentplan, subject to clause 4.7, you will still be charged the annual fee inrelation to the Subscription Services.In both cases, youwill not be entitled to a refund of the cost of your Subscription Get Card dueto our provision of the Subscription Services during this time.
Cooling-Off Period4.9 If you paidfor your Subscription Subscription at the point of subscribing for the SubscriptionServices you may withdraw within 7 days. If neither you nor anyone authorisedby you to use your account has taken advantage of any Subscription Services inthe current Subscription membership period, we will refund your Subscriptionmembership fee in full. Otherwise, we will issue you a partial refund based onuse of the Subscription Services during that time by you or anyone authorisedby you to use your account. For the avoidance of doubt, the order and deliveryof a Subscription Get Card will be considered a Subscription Service for thesepurposes.
4.10 To cancel the Subscription Services within the Cooling-Off Period, you canadjust your membership settings by contacting our customer support team via thechat function on the Get Dashboard. To meet the withdrawal deadline, it issufficient for you to send your communication concerning your exercise of theright of withdrawal before the withdrawal period has expired. Acceptance ofmembership.
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 usfor the Subscription Services shall be apportioned up until the time oftermination of the contract and any Subscription Subscription Fees paid inadvance shall be reimbursed to you proportionally.
5.The Get Dashboard5.1. The GetDashboard is our portal where you can, among other things:1. perform Top-Upsvia Stored Card, Electronic Money Exchanges, Instant Transfers and Get BankTransfers including recurring transfers (once accepting all charges asdisplayed on the Get Dashboard);
2. review and acceptor decline Instant Transfers;
3. verify youridentity with us;
4. view your GetTransaction History;
5. view the balanceand currency of the Electronic Money you hold in your Get Electronic MoneyAccount;
6. enable or disableyour Physical Get Card, change the PIN on your Physical Get Card and accessother security features;
7. enable and disablelocation tracking; and
5.2. You mayaccess the Get Dashboard via the Mobile App or the Get App webpage here.
6.Your Get Card6.1. If youregister as a Standard User, once you have been accepted as a Get Accountholder, we shall allow you to issue your Get Card, subject to any issuancecharges 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 MobileApp. Failure to disable the Physical Get Card upon becoming aware of it beinglost or stolen may mean that you lose your right to any compensation for anunauthorised Get Transaction.7.Verification of identity7.1. You agree tocooperate with all requests made by us or any of our third party serviceproviders on our behalf in connection with your Get Account, to identify orauthenticate your identity or validate your funding sources or GetTransactions. This may include, but is not limited to, asking you for furtherinformation that will allow Get to reasonably identify you, including requiringyou to take steps to confirm ownership of your phone number or paymentinstruments or verifying your Information against third party databases orthrough other sources.
7.2. We reserve the right to close, suspend, or limit access to your GetElectronic Money Account and/or the Get Services in the event we are unable toobtain, verify such Information or you do not comply with our requests underClause 7.1 of these Terms.
7.3. We may confidentially verify the information you provide us with or obtaininformation on you ourselves or through third parties from secure databases.Some of the searches which we or a third party may perform, such as a creditcheck, may leave a soft footprint on your credit history. This will not affectyour credit rating. By entering into these Terms, you confirm that you consentto us or a third party on our behalf carrying out such verifications.7.4. You mustensure 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, wemay contact you and request further information or request that you go throughthe verification process again. Your Get Transaction Limit will be adjustedaccordingly while we verify your identity. We shall not be liable for anylosses arising out of your failure to maintain up to date information.
8.Top-ups to your Get Electronic Money Account8.1. In order totop-up the Electronic Money in your Get Electronic Money Account, you will needto 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 limitfraud or credit risk), impose limits on the amount of money you can receivethrough Get Services. In order to increase your receiving limit, you mustprovide us with any supplemental information we request. If you have a top-uplimit on your Get Electronic Money Account, you may be able to view it bylogging onto your Get Dashboard and accessing the Profile section.
Top-ups via Stored Card8.3. In order totop-up via a Stored Card, you will need to add the details of the Stored Cardonto your Get Dashboard. The purchase of Electronic Money via Stored Card willbe for the amount defined by you.
8.4. You have the option of using the automatic top-up function. You can set upor cancel this function at any time using the Get Dashboard. The automatic top-upfunction allows you to automatically top-up your Get Electronic Money Accountif the balance of your Get Electronic Money Account drops below a certainamount, which you set on the Get Dashboard. The top-up will use the Stored Cardyou choose, when you enable the automatic top-up function. Please make surethat there is enough money for the top-up in the account your Stored Card islinked to.
Top-Ups via User Bank Transfer and Third Party Bank Transfer8.5. Whereavailable on the Get Dashboard, you may also fund your Get Electronic MoneyAccount by entering into a User Bank Transfer or a Third Party Bank Transfer.8.6 In connectionwith 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 BankTransfer, we will issue the corresponding value of Electronic Money to your GetElectronic Money Account. The details of the bank account (belonging to Get) tosend the money to will be set out on the Get Dashboard. Please take care (orask the third party making a Third Party Bank Transfer to take care) to enterthe correct bank account details when performing the User Bank Transfer orThird Party Bank Transfer, to make sure the money reaches us. If we receiveyour money in a currency other than the currency you indicated to us when weprovided you with the bank account details, then we will not be liable for anylosses that you incur if our bank performs a currency conversion to change themoney received into the currency of our bank account to which the money wassent.8.7. We arerequired by the Payment Services Act to impose an Electronic Money stock cap onyour daily Electronic Money balance. This means that your electronic moneybalance must not exceed S$ 1,000 or foreign currency equivalent at anytime. 8.8 If you do notset up your External Account, the amount of electronic money you can hold atany given time is restricted to S$ 1,000 or foreign currency equivalent. If forany reason your electronic money balance is larger than the allowable limit,you will not be able to top-up or receive incoming transfers until you have setup your External Account or reduced your balance to below S$ 4,800. 9.Get transactions9.1. The followingare “Get Dashboard Transactions”:1. “Instant Transfer”– this means us sending Electronic Money into your Get Electronic Money Accountor from your Get Electronic Money Account to the Get Electronic Money Accountof a different Get User; and
2. “Get BankTransfer” – this means us redeeming Electronic Money in your Get ElectronicMoney Account, with or without an associated Monetary Exchange taking place,and transferring the equivalent amount of money to the Counterparty BankAccount.9.2.The following are “Get Card Transactions”:1. “ATM Withdrawal” –this means you using your Physical Get Card and Card PIN to obtain cashinternationally from an ATM in countries outside of Singapore with or without aMonetary Exchange taking place; and
2. “Get Card Purchase”means you using your Get Card to purchase goods and/or services from a merchantby entering the details of your Get Card and/or your Card PIN.9.3. Get mayrefuse to enter into a Get Transaction with you at any time and for any reason.9.4. Get providesvirtual receipts for successful Get Transactions (including Instant Transferand Bank Transfer transactions) undertaken by you. These transactions are alsoaccessible on the Get Dashboard and are available via email. In addition tovirtual receipts, merchants should provide you with receipts when you enterinto a Get Card Purchase. Get will not and is under no obligation to provideyou with a physical receipt or other written confirmation in connection withany Get Transaction.
10.Instant transfer10.1. You can sendmoney to, and receive money from, other Get accounts. We call these sort ofpayments Instant Transfers. You can make an Instant Transfer to another Getuser’s account by choosing them as a recipient from the contacts list in the Getapp and following the prompts. The recipient Get user will receive the transferimmediately.10.2. Whereapplicable, you will need to enter the Counterparty’s details requested on the GetDashboard (the ‘unique identifier’) in order to request entry into an InstantTransfer. It is your responsibility to make sure that the Counterparty’s uniqueidentifier is entered correctly. Any error may result in the Instant Transferbeing unsuccessful or delayed. We shall not be liable for any losses you incurfrom entering an incorrect unique identifier.10.3. If theCounterparty 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’sname;2. the amount andcurrency of Electronic Money you wish to send to the Counterparty; and3. the fees for theInstant Transfer (if any).11.4. In order tosubmit the request to enter into the Instant Transfer, you will need to confirmthe details which have been entered by hitting the button entitled “Send” onthe 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 beendeemed to have received your request to enter into the Instant Transfer.
11.5. As required by the Payment Services Act, we impose an Electronic Moneyflow cap (S$ 30,000 or foreign currency equivalent) on an annual rolling basison all your outbound electronic money transactions (including transfers),except:1. Domestic transfersto a personal deposit account held in your own name, including transfers toyour External Account (designated personal deposit account);
2. Domestic transfersto another person's personal deposit account;
12.Get bank transfer and monetary exchange12.1. You can makea request to enter into a Get Bank Transfer by logging onto the Get Dashboardand following the on-screen instructions. You will need to enter theCounterparty Bank Account details. It is your responsibility to make sure thatthe details of the Counterparty and the Counterparty Bank Account (the ‘uniqueidentifiers’) are entered correctly. Any error in information may result in theGet Bank Transfer being unsuccessful or delayed. We shall not be liable for anylosses you incur from entering incorrect Counterparty Bank Account details.12.2. You will beinformed on the Get Dashboard, prior to confirming your request to enter intothe Get Bank Transfer, of:1. the details of theCounterparty Bank Account;
2. the amount andcurrency of money you wish to send to the Counterparty; and
3. the fees for the GetBank Transfer (if any).12.3. In order tosubmit the request to enter into the Get Bank Transfer, you will need toconfirm the details which have been entered by hitting the ‘tick’ button on therelevant part of the Get Dashboard.12.4. The requestto enter into the Get Bank Transfer or a Get Bank Transfer via recurringpayments shall be deemed to be received at the time at which you provide yourconfirmation except that where the request to enter into a Get Bank Transferwould otherwise be deemed to be received on a day which is not a Business Dayor is received after 4.00 pm, Singapore Time on a Business Day, we have theright to treat the request to enter into the Get Bank Transfer as having beenreceived on the next Business Day.12.5. Where thePayment is denominated in SGD, or a currency other than SGD, we shall endeavourto ensure that we action the Get Bank Transfer as soon as is reasonablypracticable, and in any event, within 3 Business Days for domestic banktransfers.
12.6. Once the Get Bank Transfer has been completed, you will be able to viewthe completed Get Bank Transfer on the Get Transaction History part of the GetDashboard.12.7. As requiredby the Payment Services Act, we impose an Electronic Money flow cap (S$ 30,000or foreign currency equivalent) on an annual rolling basis on all your outboundelectronic money transactions (including bank transfers), except:1. Domestic transfersto a personal deposit account held in your own name, including transfers toyour External Account (designated personal deposit account);
2. Domestic transfersto another person's personal deposit account;
14. Get card purchase
14.1. You can useyour Get Card to purchase goods and/or services from a merchant either onlineor at a point of sale terminal anywhere that accepts the Get Card. In such anevent we will redeem Electronic Money in your Get Electronic Money Account andthe merchant will be sent, less any fees from the Card Issuer, theequivalent amount of money. You will need to follow the instructions on therelevant 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, expirydate and CVC number) or your Card PIN.
14.2. Where acurrency conversion is offered to you by the merchant and you choose toauthorise the payment transaction on the basis of the merchant’s exchange rateand charges, Get has no liability to you for that currency conversion. You canfind more information on this here.
14.3. As requiredby the Payment Services Act, we impose an electronic money flow cap (S$ 30,000or foreign currency equivalent) on an annual rolling basis on all your outboundelectronic money transactions (including card purchases), except:1. Domestic transfersto a personal deposit account held in your own name,
2. Domestic transfersto another person's personal deposit account;
15. ReceiveElectronic Money15.1. If youreceive Electronic Money into your Get Electronic Money Account, we will send anotification to the Get Dashboard and display the payment in your GetTransaction History.15.2. You canrequest a payment from another Get User by using the “Request Money” functionor the “Split Bill” function or other functions made available to you from timeto time on the Get Dashboard. You should only use this function for amountsowed to you and that are due for payment in full. This service may not be usedas a debt collection or enforcement tool.15.3. We arerequired by the Payment Services Act to impose an Electronic Money stock cap onyour daily Electronic Money balance. This means that your Electronic Moneybalance must not exceed S$1,000 at anytime.
17.Your balance and negative balances17.1. Youacknowledge that balances and available funds reported on the Get Dashboard areonly approximate real time balances rather than the settled balances in your GetElectronic Money Account. A real time balance may not take into account pendingdebits and credits. Get will provide you with information on pending debits andcredits as soon as it has that information.17.2. If for anyreason (including, but not limited to, any technical errors on our behalf or onbehalf of our third-party providers) you have a negative balance in your GetElectronic Money Account, you agree to immediately Top-Up the required amountto correct the negative balance, such amounts being due without the need forprevious notification. If you fail to do so:1. we may exerciseour right of set-off in accordance with Clause 22 (Our Right to Set-Off) of theseTerms;
2. initiate achargeback procedure for any specific transaction which led to your GetElectronic Money Account having a negative balance;
3. take debtcollection measures including but not limited to mandating a debt collectionagency or solicitors or to pursue the claim in court. We reserve the right tocharge you the expenses we reasonably incur in connection with any debtcollection or enforcement efforts;
4. if Get requeststhat you complete a Top-Up in order to correct a negative balance and you failto do so within 7 Business Days, where applicable, you authorise us to initiatea payment transaction for the amount of the negative balance (or the equivalentin another currency) from one of your Stored Cards or User Bank Accounts (asapplicable).
18. Security18.1. We wouldlike to draw your attention to paragraph 3 of the e-Payments User ProtectionGuidelines issued by the MAS (“User Protection Guidelines”). You have animportant role to play to ensure that your Get Account is protected fromunauthorised access and use by practising good security hygiene.18.2. You mustensure that you take all reasonable steps to:1. ensure that yourMobile and your Mobile PIN is kept safe and secure;2. ensure that accessto the Get Dashboard is kept safe and secure; and3. ensure your GetCard PIN and other unique numbers (including CVC, expiry and card number) arekept safe and secure.18.3. Therequirement in Clause 18.2 includes, but is not limited to, you:1. closing the MobileApp or Get App webpage every time you are not using or have finished using it;
2. keeping the Mobileyou use to gain access to the Get Dashboard safe and secure and locked with asecure password or other security mechanism;
3. not writing downor telling anyone your Mobile PIN;
4. changing yourMobile PIN regularly;
5. if you receive anySMSs or emails, questionnaires, surveys, or other links that require you toprovide your Mobile PIN, not providing your information and contacting ourcustomer services team via the chat function on the Get Dashboard;
6. ensuring that theMobile and e-mail account(s) you use to communicate with us are secure and onlyaccessed by you, as the Mobile and e-mail address may be used to reset yourMobile PIN or to send information relating to the security of the GetDashboard;
7. if at any time youthink that your Mobile PIN has been lost, stolen or any other person knows yourMobile PIN or anyone has access to your e-mail account or Mobile you use tocommunicate with us, informing customer services immediately via the chatfunction on the Get Dashboard;
8. updating theMobile App to the latest version available for your device as it may containsecurity updates;
9. keeping your GetCard safe and secure;
10. not writing downor telling anyone your Card PIN or details of the Get Card; and
11. disabling your GetCard via the Get Dashboard or otherwise reporting to us, at any time if youthink the security of the Get Card is at risk, for example, if it is lost orstolen.18.4. All GetTransactions are processed by automated methods, and anyone who obtains accesscredentials to the Get Dashboard or access to a Get Card could use it to enterinto Get Transactions without your permission. Although Get has systems inplace to detect fraudulent activity, you are responsible for monitoring theactivity of your Get account. As noted in paragraph 3.8 of the User ProtectionGuidelines, 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 mustcontact the customer services team and if possible, enable the appropriatesecurity features on the Mobile App. Where applicable, you may be required to provideall of the information set out in paragraph 3.9 of the User ProtectionGuidelines for the purposes of our review and investigation. If you suspectidentity theft or theft of Electronic Money, we suggest that you contact locallaw enforcement as well.
19.Restrictions on the use of the Get services19.1. It is notpermitted to:1. use the GetServices for any illegal purposes, including, but not limited to fraud andmoney laundering, unlawful sexually oriented materials or services, counterfeitproducts, unlawful gambling activities, fraud, money laundering, the funding ofterrorist organisations, the unlawful purchase or sale of tobacco, firearms,prescription drugs, other controlled substances or other products prohibited bylaw. Get will report any suspicious activity and cooperate with any relevantlaw enforcement agency or regulator;
2. use the GetServices to abuse, exploit or circumvent the usage restrictions imposed by amerchant on the services it provides, or to obtain goods or services withoutpaying the amount due partially or in full;
3. breach theseTerms, the Get Cardholder Terms (as applicable) or any other agreement orpolicy that you have agreed with Get or with the Card Issuer;
4. create more thanone Get Account without our prior written consent;
5. use the GetServices to violate any law, statute, ordinance, or regulation;
6. use the GetServices for any illegal purposes including the purchase or sale, or thefacilitation of the purchase or sale of, illegal goods or services;
7. use the GetServices to conduct activities pertaining to adult entertainment/pornography,auction houses, charities, chemicals and allied products, dating and escortservices, binary options, legal services, political or religious organisations,video game arcades or establishments and business claiming to trade in primebank guarantees, debentures, letters of credit or medium term notes;
8. infringe Get’s orany third party’s copyright, patent, trademark, trade secret or otherintellectual property rights, or rights of publicity or privacy;
9. act in a mannerthat is defamatory, libellous, threatening or harassing when using the GetServices;10. provide us withfalse, inaccurate or misleading information;
11. use the GetServices to engage in debt-collection activities;
12. instruct us tosend or receive what we reasonably believe to be potentially fraudulent fundson your behalf;
13. attempt tointentionally or knowingly receive or attempt to receive funds from both Getand a merchant for the same Get Transaction;
14. control a GetAccount that is linked to another Get Account that has engaged in any of theseRestricted Activities;
15. conduct yourbusiness or use the Get Services in a manner that is likely to result in or mayresult in complaints, disputes, reversals, chargebacks, fees, fines, penaltiesor other liability to Get, other Users, third parties or you;
16. use your GetAccount or the Get Services in a manner that the Card Issuer,Visa, Mastercard, American Express, Discover or any other electronic fundstransfer network reasonably believes to be an abuse of the card system or aviolation of card association or network rules;
17. allow any of thecurrencies in your Get Electronic Money Account to have a negative balance;
18. provide yourselfwith a cash advance from your credit card (or help others to do so);
19. take any actionthat imposes an unreasonable or disproportionately large load on ourinfrastructure; facilitate any viruses, Trojan horses, worms or other computerprogramming routines that may damage, detrimentally interfere with, surreptitiouslyintercept or expropriate any system, data or information; use an anonymisingproxy; use any robot, spider, other automatic device, or manual process tomonitor or copy our Website without our prior written permission; or interfereor attempt to interfere with the Get Services; 20. take any actionthat may cause us to lose any of the services from our Internet serviceproviders, payment processors, or other suppliers; 21. use the GetServices to test credit card behaviours;’ 22. circumvent any Getpolicy or determinations about your Get Electronic Money Account including, butnot limited to, attempting to create a new or additional Get Account when a GetElectronic Money Account has a negative balance or has been restricted,suspended or otherwise limited; creating new or additional Get Electronic MoneyAccounts using Information that is not your own (e.g. name, address, emailaddress, etc.); or using someone else’s Get Electronic Money Account;
23. harass ouremployees, agents, or other Users;
24. refuse tocooperate in an investigation or provide confirmation of your identity or anyInformation you provide to us;
25. use the GetServices in a manner that we believe may be a violation of any applicableelectronic payment network rules, card association or network rules, orapplicable law;
26. use the GetServices to trade FX for speculative purposes or for FX arbitrage;
27. refuse or fail toprovide further information about you or your business activities that we mayreasonably request;
28. conduct yourbusiness or use the Get Services in a manner that leads us to receive adisproportionate number of claims or chargebacks;
29. have a creditscore provided by a third party provider of Get’s choosing which indicates ahigher level of risk associated with your use of the Services; and/or
30. reveal your MobilePIN or Card PIN to anyone or use anyone else’s Mobile App or Get Card.19.2. You mustensure that you only enter into Get Transactions relating to the sale or supplyof 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 notan indication of the legality of the supply or provision of the goods andservices.19.3. We reservethe right to refuse to perform a Get Transaction directly or indirectlyassociated with any Restricted Country.19.4. If Get, inits sole discretion, believes that you may have breached the provision of thisClause, 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 anyor all of the Get Services.2. contacting otherUsers who have transacted with you; contacting your bank or credit card issuer;and/or warning other Users, law enforcement, or impacted third parties of youractions;3. updatinginaccurate Information you have provided to us;4. taking legalaction against you;5. terminating theseTerms or access to the Website;6. fully or partiallyreversing a Get Transaction; and/or7. blocking youraccess to your Get Electronic Money Account and/or Get Dashboard temporarily orpermanently.19.5. Wherepossible, Get will provide you with the relevant information regarding theactions imposed, but we may be unable to do so in accordance with theappropriate law including avoiding disclosing protected third party informationor interfering in the course of an investigation. 20.Get transaction limits20.1. We reservethe right to impose at our sole discretion Get Transaction Limits, based oncriteria determined by us and that does not have to be disclosed.20.2. You may beable to view some of these Get Transaction Limits by logging onto the GetDashboard. Get may, from time to time, provide you with procedures or methodsto remove or increase such limits. We reserve the right to remove GetTransaction Limits from the Get Dashboard.20.3. We arerequired to impose limits on how much electronic money you can hold andtransact. See paragraphs 8, 11, 12, 13, 14, and 15.
21.Suspending your use of the Get services21.1. We reservethe right to change, suspend or discontinue any aspect of the Get Services atany time, including hours of operation or availability of the Get Services orany Get Services feature, without notice and without liability.22.Our right to set-off22.1. On thehappening 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 ourthird-party providers), we shall be entitled to recover any sum due to us byretaining part or all of any sum that you have lodged with us under any GetTransaction or otherwise. You shall have no similar right of set-off. For theavoidance of doubt, this includes if one of the currency balances in your GetElectronic Money Account shows that you owe us an amount of funds for anyreason or has a negative balance, Get may set-off the amount you owe us byusing funds you maintain in that currency or in a different currency balance orby deducting amounts you owe us from money you receive into your Get ElectronicMoney Account, or money you attempt to withdraw or send from your GetElectronic Money Account, or in a different Get Electronic Money Account whichyou control and by deducting funds from any withdrawals you attempt to make.22.2. On thehappening of any event which entitles us to be compensated by you, if forwhatever reason we are unable to exercise our right of set-off pursuant toClause 22.1, we may initiate a payment transaction for the amount we are due tobe compensated by you from one of your Stored Cards or User Bank Accounts. 23.Our liability with respect to instant transfers, Get bank transfers, ATMwithdrawals and Get card purchases23.1. You warrantthat you are an individual acting solely on your own behalf and are acting fora purpose other than a trade, business or profession.23.2. If youbelieve that an Instant Transfer, Get Bank Transfer, ATM Withdrawal and/or a GetCard Purchase has been incorrectly executed or was not authorised by you, youmust 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 ofthe date of the unauthorised or incorrectly executed Instant Transfer, Get BankTransfer, ATM Withdrawal or Get Card Purchase will result in you losing yourentitlement to have the matter corrected.23.3. Where it isestablished that an Instant Transfer, Get Bank Transfer, ATM Withdrawal and/ora Get Card Purchase was not authorised by you, or was incorrectly initiated orexecuted by us (provided we can prove such incorrect transaction has takenplace) and you have notified us within 13 months of the date of theunauthorised Instant Transfer, a Get Bank Transfer, an ATM Withdrawal or a GetCard Purchase, unless Clause 23.4 applies, we shall refund the full amount toyour Get account.23.4. You will beliable for:1. all lossesincurred in respect of an Instant Transfer, a Get Bank Transfer, ATM Withdrawaland Get Card Purchase made by us which was not authorised by you, if you haveacted fraudulently, or have intentionally or with gross negligence failed tocomply with the obligations set out in Clause 18 (Security) or you have notnotified us on time in accordance with Clause 23.2; and
2. where Clause23.4(1) does not apply, up to S$ 60 of any losses incurred in respect ofInstant Transfers, Get Bank Transfers, ATM Withdrawals and Get Card Purchaseswhich were not authorised by you, where you have otherwise failed to complywith your obligations under Clause 18 (Security).24. Generalliability24.1. You canreach us via the chat function on the Get Dashboard.24.2. We shall notbe liable for non-execution or defective execution in relation to an InstantTransfer or Get Bank Transfer we have made in accordance with a uniqueidentifier given to us by you which proves to be incorrect. However, we shallmake reasonable efforts to recover funds involved in that transaction and maycharge you for doing so, including passing on to you charges made byintermediary banks and/or the payee’s bank for their assistance in the tracingprocess.24.3. We are notliable to you for the correct execution of an Instant Transfer, a Get BankTransfer, an ATM Withdrawal or a Get Card Purchase, if we can prove to you (andwhere relevant, to any payee’s payment services provider) that the payee’spayment services provider received the payment within the appropriate timeperiod. We will however, upon your request, make efforts to trace anynon-executed or defectively executed payment transactions or any Get BankTransfers which were correctly executed to an account which is deemed fraudulentand notify you of any outcome involving our investigation.24.4. Please notethat any restriction on your liability in relation to an unauthorised orincorrectly executed payment transaction does not apply to losses arising fromand/or in relation to Electronic Money Exchanges or Monetary Exchanges.
24.5. We are liable to you for the correct transmission of a payment orderrepresenting a Top-Up via Stored Card within the relevant time limit. Where weare liable, we will immediately re-transmit the payment order in question.24.6. We shall notbe liable to you for any:1. loss or damagewhich you may incur as a result of losses or costs caused by abnormal andunforeseeable circumstances outside our reasonable control, which would havebeen unavoidable despite all efforts to the contrary, which might for exampleinclude delays or failures caused by problems with another system or network,mechanical breakdown or data-processing failures;
2. consequential orindirect loss (such as loss of profits or opportunity) you may incur as aresult of us failing to perform our duties under a Get Transaction; or
3. losses as a resultof us taking action (or not taking action) as necessary to meet our legalobligations.24.7. You areresponsible for all liabilities, financial or otherwise, incurred by the Card Issuer, Get, a Get User, or a third party caused by or arisingout of your breach of these Terms, your use of the Get Services, and any use ofyour Get Account. You agree to reimburse the Card Issuer, Get, a GetUser, or a third party for any and all such liability, to the extent notprohibited by applicable law.24.8. You remainliable under these Terms in respect of all charges and other amounts incurredthrough the use of your Get Account at any time, irrespective of termination,suspension or closure.24.9. You aloneare responsible for understanding and complying with any and all laws, rulesand regulations of your specific jurisdiction that may be applicable to you inconnection with your use of the Get Services, including but not limited to,those related to export or import activity, taxes or foreign currencytransactions. You are liable to the state and other subjects for fulfilment ofall tax obligations independently. Get shall not be responsible for theexecution of tax obligations, or calculation and transfer of taxes applied toyou.
24.10. You agree to defend, reimburse or compensate us (known in legal terms to“indemnify”) and hold Get, our third party providers, our employees or agentswho 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 arisingout of your breach of these Terms, breach of any law and/or use of the GetServices.
24.11. Nothing in these Terms shall operate to exclude liability for death orpersonal injury or for fraud or fraudulent misrepresentation or for anyliability cannot be excluded or amended under Singapore law.24.12. In no eventshall Get be liable for loss of profits or any special, incidental orconsequential damages arising out of these Terms or otherwise in connectionwith the Get Services, howsoever arising.24.13. We are notliable for any loss you incur resulting from your use of the Get Card whichshall be the sole responsibility of the Card Issuer and subject tothe Get Cardholder Terms (as applicable).24.14. To theextent permitted by applicable law, Get is not liable, and you agree not tohold it responsible, for any damages or losses (including, but not limited to,loss of money, goodwill, or reputation, profits, or other intangible losses orany special, indirect, or consequential damages) resulting directly orindirectly from:1. your inability touse the Get Services for whatever reason;
2. delays ordisruptions in the Get Services;
3. viruses or othermalicious software obtained by accessing the Website or any associated site orservice;
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 orother action taken with respect to your Get Account;
7. your need tomodify practices, content, or behaviour, or your loss of or inability to dobusiness, as a result of changes to these Terms or Get’s policies; and/or
8. illegal actionsand operations of third persons performed using counterfeited and/or illegaldocuments or illegally received data.25.Closing your account25.1. Your GetAccount will be closed at the end of the term of this agreement in accordancewith Clause 3.1 or upon termination of these Terms in accordance with Clause33.1 (Amendments to these Terms) and Clause 35 (Termination). You accept thatafter your Get Account has been closed, Get will store personal data about youand your Get Transactions for a period of six years.
25.2. If your Get Electronic Money Account holds a balance at the time of itsclosure, we may ask you to withdraw your funds within a reasonable period oftime, during which your Get Electronic Money Account will be accessible for thepurpose of withdrawing the remaining balance only. After the expiry of thisperiod you will not be able to access your Get Electronic Money Account but youmay withdraw any remaining funds for a period of six years from the date ofclosure of your Get Account by contacting customer service and requesting thatthe funds be sent to you by returning the funds by either a card refund or banktransfer. When your Get Account is closed, any pending instructions will becancelled.25.3. You may notclose your Get Account to evade an investigation. If you attempt to close your GetAccount while Get is conducting an investigation, it may freeze the account toprotect all parties to the Get Services, its affiliates, or a third partyagainst any liability. You will remain liable for any obligations related toyour Get Account even after it is closed.
26. Notice andcommunications26.1. You agreeand consent to electronic receipt of all Communications that we provide inconnection with the Get Services. We will provide Communications to you bymaking them available on the Get Dashboard or by emailing them to you at theprimary email address listed in your Get Account Profile.26.2. It is yourresponsibility to enable and monitor the transaction notifications sent to youvia the Get Dashboard and registered email account (where applicable). It isyour responsibility to ensure that you log onto the Get Dashboard regularly andregularly review the Get Dashboard, the Website and your primary email addressand open and review communications that we deliver to you through those means.You are obligated to review your notices and Get Transaction History, and topromptly report any questions, apparent errors, or unauthorised GetTransactions. Failure to contact us in a timely manner may result in loss offunds or important rights.26.3. We maycontact you from time to time to notify you of changes or information regardingyour Get Account. It is your responsibility to ensure you regularly check the GetDashboard and that your contact information stored on your profile in the GetDashboard is up to date. You may contact us in accordance with these Terms viathe chat function on the Get Dashboard.27.Data27.1. Theprocessing of your data is governed by these Terms, any applicable Supplementsas well as our Privacy Policy.
27.2. Get reserves the right to transmit the Information or personal data aboutyou as well as activity in your Account to law enforcement institutions, stateauthorities and financial institutions, if such is necessary to comply withrelevant legislation, and in order to identify whether these Terms and relevantlegislation have not been violated.27.3. When you usethe Get Services we may collect precise location data about a Get Transaction.If you permit the Mobile App to access location services through the permissionsystem used by your mobile operating system, we may also collect the preciselocation of your device when the app is running the foreground or background.We may also derive your approximate location from your IP address. You may optout of providing location data through the Mobile App, unless you opt out ofproviding location data, you consent to the collection, use, sharing and onwardtransfer of location data, as further set forth in the Privacy Policy.27.4. By providingGet with a telephone number (including a mobile telephone number), you agree toreceive autodialed and pre-recorded message calls at that number. The ways inwhich you provide us a telephone number include, but are not limited to,providing a telephone number at Get Account opening, adding a telephone numberto your profile on your Get Dashboard at a later time, providing it to one ofour employees, or by contacting us from that phone number. If a telephonenumber provided to us is a mobile telephone number, you consent to receive SMSor text messages at that number, for service-related matters. We will not shareyour phone number with non-affiliated third parties for their purposes withoutyour consent and we will never market, advertise, or solicit you usingautodialing or pre-recorded messages, but we may share your phone numbers withour affiliates or with other service providers, such as billing or collectionscompanies, who may contact you using autodialed or pre-recorded message callsor text messages.27.5. Youunderstand and agree that Get may, without further notice or warning and in ourdiscretion, monitor or record the telephone conversations you or anyone actingon your behalf has with Get or its agents for quality control and trainingpurposes or for its own protection. You acknowledge and understand that, whileyour communications with Get may be overheard, monitored, or recorded withoutfurther 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 callswill be retained or retrievable.27.6. You agreethat we can use your Information in connection with your Get Account, to enableus to review, develop and improve our products and services. This may involveproviding your Information to our partners, affiliates, agents, distributors andsuppliers to process Get Transactions and for their statistical research andanalytical purposes. We may also disclose your Information as required by law,regulation or any competent authority or agency to investigate possiblefraudulent, unlawful or unauthorised activity.27.7. Youunderstand and agree that we may collect information about how you and other GetUsers interact with the Get Services. We may access the address book on yourdevice and store names and contact information to facilitate socialinteractions through the Get Services and for other purposes. We collecttransaction details related to your use of the Get Services, including the typeof service requested, date and time the service was provided, amount chargedand other related transaction details. We may collect information about yourmobile device, including for example, the hardware model, operating system andversion, software and file names and versions, preferred language, uniquedevice identifier, advertising identifiers, serial number, device motioninformation and mobile network information. You agree that we may use theinformation that we collect to facilitate interactions with the Get Services,including sharing certain non-sensitive information about you with other GetUsers.28.Intellectual property28.1. The GetDashboard and the Website and all intellectual property rights containedtherein, including but not limited to any content, are owned or licenced by us.Intellectual property rights means rights such as: copyright, trademarks,domain names, design rights, database rights, patents and all otherintellectual property rights of any kind whether or not they are registered orunregistered (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 ourprior written consent.28.2. We reserveall 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 aswe see fit.28.3. Nothing inthese Terms grants you any legal rights in the Get Dashboard and/or theWebsite, other than as necessary to enable you to access the Get Dashboard. Youagree not to adjust or try to circumvent or delete any notices contained on theGet Dashboard (including any intellectual property notices) and in particularin any digital rights or other security embedded or contained within the GetDashboard.29. Customersupport and complaints29.1. We take allcomplaints, feedback and queries seriously. Any complaints about us orfeedback/ query regarding the services we provide should be addressed to thechat function on the Get Dashboard. Alternatively, you could send an email to support@useget.com(for complaintsIf you have a complaint, please clearly indicate that you arewishing to make a complaint as this helps us to distinguish a complaint from afeedback/ query. Our complaints procedure (available on our Website) sets outthe process for submitting and resolving any complaints. You may request a copyof our complaints procedure at any time by contacting customer services via thechat function on the Get Dashboard.29.2. A finalresponse to your complaint, or a letter explaining why the final response hasnot been completed, will be sent to you within 14 Business Days of yourcomplaint having been made. Should this not be possible due to unforeseencircumstances or lack of information, we will contact you.
32.Amendments to these terms32.1. These Termsmay 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 tothe contrary. If you do notify us to the contrary, your notification will bedeemed to be a notice that you wish to close your Get Account and terminatethese Terms on the date upon which the changes are to take effect.32.2. Where anamendment to the Terms is required by law or relates to the addition of a newservice, extra functionality to the existing Service, a reduction in the costof the Services or any other change which neither reduces your rights norincreases your responsibilities, the amendment may be made without prior noticeto you and shall be effective immediately.33.Fees33.1. The fees wecharge for the Get Services are set out in the separate Fees and PricingSection here to these Terms. We will provide you with notice of any changes tothe Fees and Pricing Section in accordance with these Terms. It is yourresponsibility to stay informed and review these changes once we have providedyou notice of a change to our fees.33.2. The fees wecharge for any other transactional fees are clearly shown on the Get Dashboardprior to you completing an action and accepted by you or a User.33.3. We shalldeduct the fees that you owe us from the SGD currency balance in your GetElectronic Money Account. If there is not enough SGD balance in your GetElectronic Money Account, we shall deduct the equivalent fees from a differentcurrency balance(s) using our Exchange Rates. If there is not enough ElectronicMoney 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 upfor the Get Services or other Stored Card belonging to you which has beenprovided to us. We reserve the right to suspend your access to your GetServices if we are not paid any monies owing to use by you on time.33.4. Fees for thedelivery of replacement Physical Get Cards shall be charged at the time therequest for Physical Get Card is made. If your Get Electronic Money Accountbalance is insufficient to cover the fees for the delivery of the replacementPhysical Get Card, then we may refuse to issue the replacement Physical GetCard. If your Physical Get Card has been lost, stolen or misappropriated wewill only charge you for the costs associated with replacing your Physical GetCard and sending it to your applicable jurisdiction.34.No warranty34.1. The Get Servicesare provided on an "as is", "as available" basis andwithout any representation or warranty, whether express, implied or statutory. Get,and the officers, directors, agents, joint ventures, employees and suppliers ofGet, make no representation or warranty of any kind whatsoever for the servicesor the content, materials, information and functions made accessible by the GetServices used on or accessed through the Get Services, or for any breach ofsecurity associated with the transmission of sensitive information through the GetServices.34.2. Get does notwarrant that the Get Services will be uninterrupted or error free. Get shallnot be responsible for any service interruptions, including, but not limitedto, system failures or other interruptions that may affect the receipt,processing, acceptance, completion or settlement of Get Transactions or the GetServices.
34.3. Get does not have any control over the products or services that are paidfor using the Get Services.34.4. Get is notresponsible for the quality, performance, or any consequential results of theproducts and/or services purchased using the Get Services.
35.Termination35.1. Get, in itssole 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 oryour obligations arising under these Terms.
35.2. You may terminate these terms at any time by providing us with onemonth’s notice, such notice to be provided using the chat function on the GetDashboard.35.3. Withoutprejudice to any rights that have accrued under these Terms, or any party’sother rights or remedies, either party may at any time terminate these Termswith immediate effect by giving written notice to the other party if:1. the other partycommits a material breach of any term of these Terms and (if such breach isremediable) fails to remedy that breach within a period of 30 days after beingnotified in writing to do so;
2. the other partyrepeatedly breaches any of the terms of these Terms in such a manner as toreasonably justify the opinion that its conduct is inconsistent with it havingthe intention or ability to give effect to the terms of these Terms;
3. the other party issubject to a bankruptcy, insolvency, winding up or other similar event; and/or
4. the result oflaws, payment scheme rules, regulatory authority rules or guidance or anychange in or any introduction thereof (or change in the interpretation orapplication 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 effectto any of its obligations hereunder and such obligation cannot be readilysevered from these Terms.35.4. Withoutprejudice to any rights that have accrued under these Terms or any of theparty’s rights or remedies, we may at any time terminate these Terms withimmediate effect by giving written notice to you if:1. we are unable toverify your information in the manner set out in these Terms;2. you die;3. we have reason tobelieve that your use of the Get Services: damages, corrupts, degrades,destroys and/or otherwise adversely affects the Get Services, or any othersoftware, firmware, hardware, data, systems or networks accessed or used byyou;4. there is asignificant fluctuation (either positive or negative) in the aggregate numberof Get Transactions you enter into;5. you have acted oromitted to act in any way which we reasonably determine to diminish Get's(acting as Card Issuer or otherwise) business operations and/or reputationand/or goodwill and/or which we reasonably determine or suspect to give rise toany offence or any increased risk or liability to us; and/or6. we are unable toprovide the Get Services to you through the inability of any third party toprovide us with any good and/or service that we require to provide the GetServices to you.35.5. Otheractions we may take. If you have breached the terms of these Terms (including abreach of your obligation to pay us any amount owing), we are otherwiseentitled to terminate these Terms, or we may: suspend your use of the GetServices (in whole or in part) in which case we will not treat any order for a GetTransaction that you may wish to make as being received by us; report any GetTransaction or any other relevant information about you and your use of the GetServices to the relevant regulatory authority, law enforcement agency and/orgovernment department; and/or if appropriate, seek damages from you.35.6. Terminationof these Terms requires the closing of your Get Electronic Money Account inaccordance with Clause 26 and the termination of all Get Cards and theassociated Get Cardholder Terms (as applicable). Get will deal with yourremaining balance in accordance with these Terms and the Get Cardholder Terms(as applicable).
35.7. Any terms which by their nature should survive, will survive thetermination of these Terms.36.Third party providers36.1 Ifapplicable, you can choose to allow a Third Party Provider (TPP) to accessinformation on your Get Account, to combine and display information about your GetAccount with information from accounts you have with other payment serviceproviders, and, if applicable to your Get Card, to make payments for you fromyour Get Account, provided the TPP is authorised by the Monetary Authority ofSingapore.36.2 If you do,you must keep us informed of any incorrect or unauthorised transactions thathappen so we can take steps to stop further misuse of your Card and arrange anyrefund you've been entitled to.36.3 If you arethinking of using a TPP, it is important you check with the applicableregulator whether it is authorised before you use it.36.4 We can refuseor stop access to a TPP if we're concerned it isn’t authorised or if we believeit's fraudulent or acting fraudulently. If that happens, we'll contact you toexplain why unless we believe that would compromise our security or it would beunlawful.37.Miscellaneous37.1. In order touse other functions of the Get Services, you may be requested to accept otherterms and conditions, either with Get or with a third party.37.2. To beeligible to use the Get Services, you must:1. pass ourregulatory due diligence checks;2. not be in breachof these Terms; and3. not have had anyprevious Get Account closed by us.37.3. These Termsshall be governed by the laws of Singapore and any claim or dispute arising outof or in relation to these Terms shall be subject to the non-exclusivejurisdiction of the courts of Singapore.
37.4 We may report any unlawful activity (or suspected unlawful activity) byyou or another person to the police or other appropriate authorities, andcooperate with them in any investigation. We may also require your reasonablecooperation in alternative dispute resolution procedures as a means ofdisputing or issuing any claims in relation to these Terms.37.5. These Termsdo not intend to confer any benefit on any third party and no third party shallhave the right to enforce these Terms or any Get Transactions.37.5. TheElectronic Money in your Get Electronic Money Account belongs to the person orlegal entity which is registered as the Get Account holder. We recognise onlythe rights of the holder of the Get Account. You cannot assign or transferlegal ownership of the Get Electronic Money Account to anyone.37.6. It is yourresponsibility to determine what, if any, taxes apply to the payments you makeor receive, and it is your responsibility to collect, report and remit thecorrect tax to the appropriate tax authority. We are not responsible fordetermining whether taxes apply to your Get Transactions, or for collecting,reporting or remitting any taxes arising from any Get Transactions. In certaincircumstances, the laws of the country in which you carry out a Get transactionmay permit Get to collect from you stamp duty or other tax up to the maximumamount specified by applicable laws.It is yourresponsibility to comply with any and all applicable tax laws in connectionwith your use of the Get Services, including without limitation, the reportingand payment of any taxes arising in connection with Get Transactions madethrough the Get Services.37.7. If we failto enforce any of our rights under the Terms, or applicable laws, it shall notbe deemed to constitute a waiver of such right.37.8. You may nottransfer or assign or sell any rights or obligations you have under these Termsor otherwise grant any third party a legal or equitable interest over your GetElectronic Money Account without Get’s prior written consent. Get reserves theright to transfer or assign these Terms or any right or obligation under theseTerms at any time.
37.9. We may comply with any subpoena, levy, or other legal process which webelieve to be valid. We may notify you of such a process electronically, byphone, or in writing.37.10. Get (actingas Card Issuer or otherwise) has the right to change any of its third-partyservice providers, including without limitation the Card Processor, with orwithout notice.37.11. Get reservesthe right, but shall have no responsibility, to edit, modify, refuse to post orremove any provider content, in whole or in part, that in its sole and absolutediscretion is objectionable, erroneous, illegal, fraudulent or otherwise inviolation of these Terms.37.12. Unlessstated otherwise in these Terms, if any provision of these Terms is held to beinvalid or unenforceable, such provision shall be struck and the remainingprovisions shall be enforced.37.13. We do notprovide advice and contract on an execution only basis. We may provideinformation to you from time to time, for example via the Get Dashboard or theWebsite, but we will not and do not provide advice to you either upon themerits of a proposed Transaction or upon any other matter. Before entering intoany Get Transaction you must make your and their own independent assessment asto whether it is appropriate to enter into a Get Transaction based upon yourown 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 usthat you are not relying upon any communication (written or oral) made by us asconstituting advice about or a recommendation to enter into such GetTransaction. Foreign currency exchange rates are subject to fluctuationsoutside our control. Past movements or trends in the movement of foreigncurrency exchange rates should not be taken as an indicator of future movementsin such exchange rates.
37.14. Clause, Schedule and paragraph headings shall not affect theinterpretation of these Terms.37.15. A personincludes a natural person, corporate or unincorporated body (whether or nothaving separate legal personality).38.16. TheSchedules form part of these Terms and shall have effect as if set out in fullin the body of this agreement. Any reference to this agreement includes theSchedules.37.17. A referenceto a company shall include any company, corporation or other body corporate,wherever and however incorporated or established.
37.18. Unless the context otherwise requires, words in the singular shallinclude the plural and in the plural shall include the singular.
37.19. Unless the context otherwise requires, a reference to one gender shallinclude a reference to the other genders.37.20. These Termsshall be binding on, and ensure to the benefit of, the parties to these Termsand their respective personal representatives, successors and permittedassigns, and references to any party shall include that party’s personalrepresentatives, successors and permitted assigns.37.21. A referenceto a statute or statutory provision is a reference to it as amended, extendedor re-enacted from time to time.
37.22. A reference to writing or written includes email and the chat functionon the Get Dashboard.37.23. Anyobligation on a party not to do something includes an obligation not to allowthat thing to be done.
37.24. These Terms shall be concluded and interpreted in the English language.If these Terms are translated into another language, it is for referencepurposes only. All communications between the parties shall be in the Englishlanguage.37.25. A referenceto these Terms or to any other agreement or document referred to in these Termsis a reference to these Terms or such other agreement or document as varied ornovated (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 andSchedules of these Terms and references to paragraphs are to paragraphs of therelevant Schedule.37.26. Any wordsfollowing the terms including, include, in particular, for example or anysimilar expression shall be construed as illustrative and shall not limit thesense of the words, description, definition, phrase or term preceding thoseterms.37.27. Supplementsto these Terms are an integral part of these Terms, under which you and Getagree on usage of specific services as defined in the Supplements.37.28. Thedefinitions set out in Schedule 1 apply to these Terms.Schedule1 — Definitions“ATM Withdrawal”has the meaning set out in Clause 9.2(a).
“Business Day" means a day other than a Saturday, Sunday or public holidayin Singapore"CardIssuer" means NIUM Pte. Ltd. which is licensed by a card scheme to issue GetCards and manage the associated funds across the Visa or Mastercard network.“Card PIN” meanspersonal identification number, which is associated with your Get Card andallows you to enter into Get Card Transactions."CardProcessor" means a third-party payment network card (e.g, GlobalProcessing 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; GetAccount statements and history; and payments authorisations and transactionreceipts or confirmations; documents; and any other information related to yourGet Account or the Get Services.
“Cookie Policy” means the cookie policy relating to the Website which can befound at here.“Cooling-OffPeriod” means your fourteen (14) days cancellation right to cancel your SubscriptionSubscription, starting from the day you first sign up for your SubscriptionServices.“Counterparty”means the person you wish to send Electronic Money or money to.“Counterparty BankAccount” means the bank account of the Counterparty."DesignatedSub-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 MoneyExchange” has the meaning set out in Clause 9.1(a).
“Exchange Rate” has the meaning set out in Clause 16 and the Fees and PricingSection.“External Account”means a designated personal deposit account (current or savings account) heldwith a bank in Singapore.“Fees and PricingSection” means the separate fees schedule outlining the fees we charge inrelation to the Get Services which can be found here.“Force MajeureEvent” means an event which is beyond the reasonable control of an affectedparty including without limit any market disruption, acts or restraints ofgovernment(s) or public authorities, war, Getion, strikes or other industrialaction, fire, flood, natural disaster, explosion, terrorist action, thesuspension or limitation of trading by any execution venue, or any breakdown,failure, defective performance or malfunction of any telecommunicationssettlement or other equipment or systems."Information"means any confidential and/or personally identifiable information or otherinformation, including but not limited to the following: name, email address,date of birth, tax identification number, billing/shipping address, phonenumber and financial information.
“Instant Transfer” has the meaning set out in Clause 9.1(b).“Mobile” meansyour smartphone or other electronic device upon which you have downloaded the GetMobile App.
“Mobile App” means the mobile application accessible through your Mobile whereyou can obtain access to your Get Dashboard.“Mobile App Terms”means the terms and conditions governing your use of the Mobile App which canbe found on the Mobile App.“Mobile PIN” meansyour personal identification number which is entered onto the Get Mobile App togain access to the Get Dashboard.“Monetary Exchange” is not aservice in its own right but will be part of a Get Bank Transfer, an ATMWithdrawal or a Get Card Purchase and means redeeming Electronic Money in your GetElectronic Money Account and using it to purchase money in a different currencyusing our Exchange Rates.
“Monthly Plan Break Fee” means the S$20 charge if you elect to terminate your12-month monthly plan within the first ten (10) months.
“Payment Services Act” is an Act to provide for the licensing and regulation ofpayment service providers, the oversight of payment systems, and connectedmatters. The Act came into effect on 28 January 2020.“Physical GetCard” means both the Standard Get Card and the Subscription Get Card.“Subscription Get Card” meansthe tangible plastic card issued to Subscription Users which allows SubscriptionUsers to enter into ATM Withdrawals and Get Card Purchases.
“Subscription Service” means the benefits you are entitled to as a result ofbeing a Subscription User, which includes, but isn’t limited to, unlimited useof our Standard Exchange Rate, an increased threshold for free ATM Withdrawals,benefitting from the Overseas emergency medical insurance and around the clockcustomer support.“SubscriptionSubscription” means a monthly or annual subscription to the SubscriptionService.“SubscriptionSubscription Fees” means the fees payable for the Subscription Service by a SubscriptionUser, which are set out in the Fees and Pricing Section. “Subscription User” means a holder of a GetAccount who avails of the Subscription Service.“Privacy Policy”means out privacy policy which can be found on the Website.“RestrictedCountries” means those countries that do not appear on the Get Dashboard."Get""we," "us," or "our" means Get Technologies APACPte. 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 GetServices."Get AccountProfile" means your profile, accessible on the Get Dashboard where you canview, among other things, your details, your price plan and your verificationlimits.“Get BankTransfer” has the meaning set out in Clause 9.1(c).
“Get Card” means both Physical Get Cards and Virtual Get Cards.“Get CardholderTerms” means the terms and conditions between you and NIUM (acting as CardIssuer) relating to the issuance to you and the use by you of the Get Card."Get CardPurchase" has the meaning set out in Clause 9.2(b).“Get CardTransaction” has the meaning set out in Clause 9.2.“Get Dashboard”has the meaning set out in Clause 5.1.“Get DashboardTransaction” has the meaning set out in Clause 9.1“Get ElectronicMoney 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 beingable to enter into Get Dashboard Transactions, you being issued with a Get Cardand being able to enter into Get Card Transactions and the management of your GetAccount and if you are a Subscription User the Subscription Service any otherservices provided by Get to you from time to time.“Get Transactions”means both Get Dashboard Transactions and Get Card Transactions. “GetTransaction History” means the list of Get Transactions you have entered into,which is available on the Get Dashboard.“Get TransactionLimits” means the limits Get imposes on the Get Transactions you can enterinto, the details of which will be set out on the Get Dashboard.“Get User” means a user of Getwhich is not you.
“Standard User” means an individual with a Get Account which is not a SubscriptionUser.“Standard GetCard” means the tangible plastic card issued to Standard Users which allowsStandard Users to enter into ATM Withdrawals and Get Card Purchases."StoredCard" means the credit card, debit card, or other payment card, which youregister for use on the Get Dashboard and which will be used by Get to receivefunds against which we will issue Electronic Money to your Get Electronic MoneyAccount or for other purposes under these Terms.“Supplement(s)” means anagreement between Get and you for the provision of separate services by Get orone 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, thedetails of which we shall provide to you, as part of the process of requestinga Top-Up.
“Top-Up” means you or a third party sending money to us in return for usissuing Electronic Money to your Get Electronic Money Account as furtherdescribed in Clause 8."User", “you” or“your” means you being the individual that has agreed to these Terms to use the GetServices. Reference to the term "User", "you" or"your" shall include any Designated Sub-User(s) (if any) whereappropriate and unless indicated otherwise.
“User Bank Account” means a bank account belonging to you.“User BankTransfer” means a transfer from a User Bank Account, performed by the User’spayment service provider, to one of our bank accounts, the details of which weshall provide to you or your bank, as part of the process of requesting aTop-Up.“Virtual GetCards” means the virtual non-tangible cards that allow you to enter into GetCard Purchases.“Website” meansour 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 befound on our Website.
1.9. You acknowledge and agree that before you are eligible to access and use the GET Application (including to effect and obtain any GET Service), you are required to satisfy all the criteria set forth in these Terms, as may be amended from time to time by Get in its sole and absolute discretion, and to have successfully passed all identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, CFT and AML purposes) which Get in its sole and absolute discretion considers necessary.
1.10. You acknowledge, agree and warrant that you are, and will at all times be, in compliance with the following:
1.10.1. you are of legal age of majority to contract (and in any event, no less than 18 years of age) and are legally capable and permitted to accede to these Terms, or if you are under 18 years of age, you have obtained the consent and permission of your parent or legal guardian for use of GET in accordance with these Terms. You shall not be eligible to access and use the GET Application (including to effect and obtain any GET Service) if you are less than 7 years of age;
1.10.2. you shall register for and have in force a valid GET Wallet Account and shall comply with these Terms and all terms and conditions governing the use of GET Services, and your access to and use of the GET Application have not been suspended or terminated for any reason whatsoever; and
1.10.3. you are not in arrears of any payment due to any Get Technologies APAC.
1.11. In the event any of the criteria in these Terms has not been satisfied or ceases to be satisfied at any time whatsoever, and/or any provision of these Terms is not complied with, and/or you fail to successfully pass any identification check, due diligence and/or other check, screening and/or verification (including for anti-fraud, anti-terrorism, CFT and AML purposes) which Get in its sole and absolute discretion considers necessary, or if at any time, Get, at its sole and absolute discretion, suspects any fraud in relation to, and/or misuse of your GET Wallet Account and/or the GET Application, Get shall be entitled to suspend or terminate the availability to you of and/or your access to and/or use of your GET Wallet Account (in whole or in part), the GET Application (in whole or in part) and/or any Base Service, and/or procure the suspension or termination of the availability to you of and/or your access to and/or use of any other GET Service by the relevant GET Service Provider, in each case, without notice to you and without giving any reason.
1.12. To access the Base Services only, you may register for GET Wallet Account (for Base Services) through any one of the following channels by submitting a request in such manner and form and accompanied by such information and supporting documentation as may be required from time to time:
1.12.1. In person at a Get Shop or a Get Exclusive Retailer;
1.12.2. in person at a Get Remittance Counter or such other authorised locations as may be determined by Get from time to time;
1.12.3. in person at roadshows organised by any Get Technologies APAC from time to time;
1.12.4. over the internet through the GET Website (when available);
1.12.5. through the GET Application;
1.12.6. through telesales services offered by Get or any Get Technologies APAC from time to time; or
1.12.7. such other channels as Get may make available from time to time;
1.12.8. Get retains the sole and absolute discretion to approve or reject any request to register GET Wallet Account (for Base Services) in whole or in part, or to impose any conditions whatsoever to the registration of GET Wallet Account (for Base Services).
1.13. You may only register for GET Wallet Account (for Base Services), and access and use the GET Application and the Base Services, for (and only for) your own behalf and personal use, and not for the benefit or on behalf of any other person (including natural person or legal person). Without prejudice to the foregoing, you shall not assist, cause, permit or authorise any other person (including natural person or legal person) to access or use your GET Wallet Account (for Base Services) to effect or obtain any GET Service, including making any payments or carrying out any transactions or other activity pursuant to any GET Service.
1.14. Where you are not the registered owner of the mobile line linked to the mobile number you have provided to Get in order to register for GET Wallet Account, you hereby represent and warrant that you have informed and obtained the consent of the registered owner to use such mobile number and the mobile line linked to such mobile number to register for your GET Wallet Account.
1.15. Any request to change the mobile number registered to your GET Wallet Account shall be subject to any terms, conditions and processes as may be introduced, amended and/or implemented by Get from time to time in relation to the same. Get retains the sole and absolute discretion to approve or reject any such request to change the mobile number registered to your GET Wallet Account, and to terminate or suspend your access to and use of the GET Application and/or your GET Wallet Account upon such rejection.
1.16. GET Wallet Account (for Base Services) may be used only to access Base Services, and may not be used to access any Additional Services.
1.17. Any access or use of your GET Wallet Account in breach of these Terms or any access or use of your GET Wallet Account for any purpose which is prohibited by any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body shall be void and you shall have no rights under these Terms in respect of such access and/or use.
1.18. Where the mobile line linked to the mobile number you have provided to Get in order to register for GET Wallet Account is transferred, suspended or terminated for any reason whatsoever, you shall forthwith notify Get of the same and provide to Get the particulars of a new mobile line to replace such transferred, suspended or terminated mobile line (if any). If you do not provide a new mobile line to replace such transferred, suspended or terminated mobile line, Get shall be entitled to suspend (for such period as Get may in its sole and absolute discretion consider appropriate) or terminate your GET Wallet Account and/or your access to and/or use of the GET Application (in whole or in part), without notice to you. In such event, any balance for the time being standing to the credit of your GET Wallet Account shall, for the purposes of these Terms, be deemed to be Unused Balance (as defined in Clause 1.31). Notwithstanding the foregoing, if you shall fail to promptly notify Get of your transferred, suspended or terminated mobile line, as herein required, you shall nevertheless be responsible and liable for all transactions carried out through your GET Wallet Account using the GET Application or such GET Service (as the case may be), notwithstanding that such transactions may have been carried out, and/or your PIN or such details may have been used by any other person without your knowledge or authority.
1.19. You will need to use your PIN and such other details relating to your GET Wallet Account as Get may from time to time require to access and use the GET Application (including to effect or obtain any GET Service)You are responsible for safekeeping and maintaining the confidentiality of your PIN and all details of your GET Wallet Account. You must not disclose to any person your PIN or any details of your GET Wallet Account, and shall not assist, cause, permit or authorise any person to use your PIN or GET Wallet Account for any purpose whatsoever. You shall take such measures as may be necessary and all due care to protect your PIN and GET Wallet Account against misuse by third parties.
1.20. You shall promptly notify Get upon discovering that there has been any:
1.20.1. inappropriate or unauthorised disclosure of and/or use of your PIN and/or any details of your GET Wallet Account; and/or
1.20.2. inappropriate or unauthorised access to and/or use of the GET Application and/or any GET Service effected using your PIN and/or any details of your GET Wallet Account,
and you shall promptly take such steps as may be specified by Get in relation to the foregoing matters (including to change your PIN).
1.21. You are solely responsible and liable for any access to and use of the GET Application or any GET Service effected through the use of your PIN and/or any details of your GET Wallet Account, notwithstanding that your PIN or such details may have been used by any other person without your knowledge or authority.
1.22. Subject always to these Terms, Get grants you a limited, non-transferable and non-exclusive, revocable, free of charge, personal licence for the period during which (i) you have in force a valid GET Wallet Account and (ii) your GET Wallet Account and/or access to and use of the GET Application have not been suspended or terminated for any reason whatsoever, to access and use the GET Application to effect and obtain GET Services, provided that such access and use shall be made in Singapore on a mobile device that you own or control for non-commercial purposes.
1.23. You acknowledge and agree that the access to and use of the GET Application and GET Services is offered to you on an "as available, where available" basis. Get may, at its sole and absolute discretion, at any time add to, vary or limit the features and/or functions of the GET Application, any GET Service or any GET Content which may be made available to you, and/or provide for, vary, supplement or amend and terms and conditions relating to your use of such the GET Application, any GET Service or any GET Content which may be made available to you without notice to you.
1.24. Any and all access and use by you of the GET Application and GET Services shall be governed by these Terms, where applicable, and is subject to such other guidelines, procedures, policies and regulations which may be prescribed, introduced, varied and/or amended by any applicable regulatory authority or law enforcement body from time to time.
1.25. You must (and may only) pursue any claim, dispute or remedy which you may have in relation to a GET Service with the relevant GET Service Provider.
1.26. Where the relevant GET Service Provider is not Get:
1.26.1. Get’s obligations are limited to taking instructions from you (which instructions shall be in such manner and form and accompanied by such information and supporting documentation as Get may require from time to time) and such GET Service Provider and relaying such instructions to you or the GET Service Provider, as the case may be, in connection with the relevant GET Service. Get shall have no other responsibility in relation to the relevant GET Service.
1.26.2. Any instructions given by you to Get in connection with any GET Service may not be cancelled, withdrawn or amended unless Get in its sole and absolute discretion consents otherwise. Get shall not bear any liability or responsibility for any and all Losses if Get does not or is unable to stop or prevent the carrying out of the relevant GET Service or any transaction as a result of such instructions.
1.27. Notwithstanding any other provision of these Terms, Get shall be entitled, in its discretion, to refuse to carry out and/or complete any request submitted or transaction carried out by you or on your behalf pursuant to any GET Service.
1.28. You may top-up and add credit to your GET Wallet Account through identifiable bank accounts & local charge cards to any terms (those subject to AML/CTF laws), conditions and processes as may be introduced, amended and/or implemented provided that your GET Wallet Account can only hold, in aggregate, a maximum credit amount of S$1000 (or such other amount as Get may determine in its discretion from time to time) at any point in time.
1.29. Notwithstanding and without prejudice to anything contained herein, you acknowledge and agree that Get has a right to claim directly against you for any top-up or credit amount that is due and payable by you to any Get Technologies APAC in relation to your GET Wallet Account or your use of the GET Application.
1.30. The balance for the time being standing to the credit of your GET Wallet Account (“Unused Balance”) is held on trust by Get for you.. Save as otherwise expressly provided in this Clause 1.31, no refunds or cash withdrawals may be made from your GET Wallet Account:
1.30.1. You may at any time submit a request to Get through the GET Hotline at +65 3105 1380 for a refund of the Unused Balance and termination of your GET Wallet Account. Such request shall be made in such manner and form and accompanied by such information and supporting documentation as may be required by Get from time to time. Upon receipt of your request, Get will provide, subject to verification and any deductions as provided in Clauses 1.31.3 and 1.31.4, a full refund of the Unused Balance to you, whereupon your GET Wallet Account shall be terminated. The refund shall be made by Get in such manner and at such time as Get may determine in its sole discretion, as shall be advised by Get.
1.30.2. For avoidance of doubt, Get will not entertain any request for partial refund only of the Unused Balance.
1.30.3. Where you have outstanding payments owing to any Get Technologies APAC, Get shall be entitled to first set-off the outstanding payments due to such Get Technologies APAC against the Unused Balance for the time being.
1.30.4. Any refund of any Unused Balance may be subject to such additional administrative fees as Get may from time to time determine. The imposition of such administrative fees, and any changes and amendments thereto, shall be effective upon posting on the GET Website or on such date as may be otherwise stated. Your continued access to and use of the GET Application, your GET Wallet Account and/or any of the GET Services shall be deemed to be your conclusive acceptance of such fees and charges, and changes and amendments to such fees and charges (if any).
1.31. Notwithstanding any provision in these Terms, Get shall be entitled to, at any time and without notice to you:
1.31.1. deduct from your GET Wallet Account any amount deemed by Get in its sole discretion to have been wrongly credited into your GET Wallet Account and/or reverse any transaction carried out using your GET Wallet Account, whether due to mobile networks or delivery systems error or otherwise;
1.31.2. deduct from your GET Wallet Account any fees, charges or other amounts which are payable by you to Get or any Get Technologies APAC, whether under these Terms or otherwise; and/or
1.31.3. deal with and/or take any action in respect of, any Unused Balance for the time being, if required by and in accordance with any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body.
1.32. You acknowledge and agree that before you are eligible to access and use any Payment Service, you are required to satisfy all the criteria set forth in these Terms, as may be amended from time to time by Get in its sole and absolute discretion. In the event any such criteria has not been satisfied or ceases to be satisfied at any time whatsoever, or any provision of these Terms is not complied with, Get shall be entitled in its discretion to suspend or terminate (as the case may be) the availability to you of and/or your access to and/or use of any Payment Service.
1.33. You acknowledge, agree and warrant that you are, and will at all times be, in compliance with the following:
1.33.1. in relation to the NFC Payment Services, you have applied for and will use the relevant NFC SIM Card, and will at all times comply with the provisions of the relevant NFC SIM Card Terms;
1.33.2. you have full capacity, authority and legal right to enter into and engage in Payment Transactions; and
1.33.3. where the relevant Payment Beneficiary is a Payment Merchant, the transaction and contract between you and such Payment Merchant, and the performance of such transaction and contract, relate to the supply and/or provision of goods and/or services that are legal, valid and enforceable in Singapore and any relevant jurisdiction (including the jurisdiction in which such goods and/or services are to be supplied and/or provided), and the charges incurred under such transaction and contract are legal, valid and enforceable in Singapore and any relevant jurisdiction (including the jurisdiction in which such charges are to be incurred).
1.34. All Payment Amounts shall be denominated in Singapore dollars. If any sum specified by you to be paid to the relevant Payment Merchant under a Payment Transaction Request is denominated in any currency other than Singapore dollars, Get shall be entitled to convert such sum into Singapore dollars at such rate as may be determined by Get or VISA, as the case may be, and such converted sum, including any additional fees and charges that may be imposed by Get or VISA in accordance with these Terms or the GET Visa Virtual Account Terms shall be deemed to be the “Payment Amount” for the purposes of these Terms.
1.35. You further acknowledge and agree that the continued provision of the Payment Services to you, the acceptance by Get of each Payment Transaction Request and the performance by Get of each Payment Transaction, and any refund to your GET Wallet Account in accordance with these Terms are subject to the following conditions (in addition to the other criteria and conditions under these Terms):
1.35.1. the relevant Payment Beneficiary having successfully passed all identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, CFT and AML purposes) as may be required by any applicable regulatory authority or law enforcement body from time to time and/or which Get in its sole and absolute discretion considers necessary;
1.35.2. the relevant Payment Beneficiary complying with all terms and conditions imposed by Get for the receipt of the relevant Payment Amount;
1.35.3. the Unused Balance for the time being in your GET Wallet Account being sufficient to fulfil the relevant Payment Transaction Request;
1.35.4. where the relevant payment is to be made into your GET Wallet Account, the Unused Balance following such payment shall not exceed S$1000 at any point of time;
1.35.5. you having paid all applicable fees and charges (including goods and services tax and all taxes imposed on or payable in respect of such fees and charges) which may be payable in respect of the GET Services you have effected or obtained through the GET Application and/or in relation to your GET Wallet Account.
1.36. Get will make reasonable efforts to ensure that the Payment Transactions are processed and performed in a timely manner, but makes no representation or warranty regarding the time needed to complete processing or to transfer the amount to the relevant Payment Beneficiary, and will not be liable or responsible for any Loss to you or any Payment Beneficiary due to any delay in the processing of any Payment Transaction, the transfer of any Payment Amount, or the receipt of any Payment Amount by any Payment Beneficiary, save where such Loss is directly and solely caused by Get's fraud, gross negligence or wilful misconduct.
1.37. Get shall be entitled, in its sole and absolute discretion, to refuse to perform and/or complete any Payment Transaction (including if any of the conditions set out in the provisions of these Terms are not fulfilled for any reason whatsoever and/or Get has reason to believe, in its sole and absolute discretion, that any representation or warranty given by you under these Terms is or has become untrue or incorrect or is breached in any respect).
1.38. You shall exercise caution when transferring any Payment Amount to any unfamiliar Payment Beneficiary and shall always be alert to the possibility of fraud.
1.39. You acknowledge and agree that:
1.39.1. you are solely responsible for ensuring the accuracy, adequacy and completeness of each Payment Transaction Request, and the requested Payment Amount, are accurate, up-to-date and reflect your intentions and Get shall not be obliged to verify the accuracy, adequacy and completeness of any such Payment Transaction Request; and
1.39.2. a Payment Transaction Request once given to Get may not be cancelled, withdrawn or amended by you unless Get in its sole and absolute discretion consents otherwise, and in this connection, Get has no liability or responsibility if it does not or is unable to stop or prevent the implementation of the Payment Transaction.
1.40. If a Payment Merchant makes a request through the mobile payment system provided to it by Get to void any Payment Transaction made by you, Get may, in its sole discretion, refund the relevant Payment Amount to you by crediting such Payment Amount to your GET Wallet Account, after deducting any fees, charges or other amounts which may be payable by you to Get or any Get Technologies APAC, whether under these Terms or otherwise.
1.41. In respect of any complaints concerning any Payment Transaction Request raised by you to Get, you hereby acknowledge that:
1.41.1. you shall satisfactorily provide such documentary proof as Get may require as relevant evidence toward Get’s investigation of the relevant Payment Transaction Request;
1.41.2. you shall notify in writing to Get of any issues with, discrepancy or dispute in relation to any Payment Transaction Request within 30 calendar days from the date of that Payment Transaction Request, with satisfactory documentary proof as described in Clause 1.42.1; and
1.41.3. without prejudice to any of Get’s other rights and remedies (under these Terms, at law, in equity or otherwise), Get retains the sole and absolute discretion to conduct independent investigations into each and every Payment Transaction Request made by you, and reserves the right to make such determination as it may deem fit.
1.42. You acknowledge and agree that your use of the GET Visa Virtual Account Services is subject to the GET Visa Virtual Account Terms. By using the GET Visa Virtual Account Services or any Base Service, you shall be deemed to have accepted and agreed to be bound by the GET Visa Virtual Account Terms, which shall form an integral part of these Terms.
1.43. Get shall be entitled to at any time impose fees and charges on you, and to change and/or amend such fees and/or charges payable, for your access to and use of the GET Application or any GET Services (including but not limited to your registration for and top up of GET Wallet Account and/or transfer of Unused Balance), any reactivation or termination of the provision of and/or your access and/or use of the GET Application and/or your GET Wallet Account and/or for refund of any Payment Amount (or part thereof) or of the Unused Balance, in accordance with these Terms. The quantum of such fees and charges shall be as determined by Get. The imposition of such fees and charges, and any changes and amendments, shall be effective upon posting on the GET Website or on such date as may be otherwise stated. Your continued access to and use of the GET Application and/or your GET Wallet Account shall be deemed to be your conclusive acceptance of such fees and charges, and changes and amendments to such fees and charges (if any).
1.44. A GET Service Provider shall be entitled to at any time impose fees and charges on you, and to change and/or amend such fees and/or charges payable, for your access to and use of the relevant GET Service and related GET Content, and/or any reactivation or termination of the provision of and/or your access and/or use of the relevant GET Service and related GET Content. The quantum of such fees and charges shall be as determined by such GET Service Provider. The imposition of such fees and charges, and any changes and amendments, shall be effective upon posting on the GET Website or on the website of such GET Service Provider or on such date as may be otherwise stated. Your continued access to and use of the relevant GET Service and related GET Content shall be deemed to be your conclusive acceptance of such fees and charges, and changes and amendments to such fees and charges (if any).
1.45. Where you do not carry out any transaction through your GET for a continuous period of more than six months, Get may designate your GET Wallet Account as a “Dormant Account”. You will not be able to carry out transactions with a Dormant Account, and will need to contact Get at its customer care hotline at +65 3105 1380 to reactivate a Dormant Account. Get shall be entitled to suspend or terminate your ability to access and use your GET Wallet Account to effect or obtain any and all GET Services where your GET Wallet Account is a Dormant Account.
1.46. You shall be solely responsible and liable for all fees and charges (including goods and services tax and all taxes imposed on or payable in respect of such fees and charges) which may be payable pursuant to these Terms. You acknowledge and agree that any such fees and charges (which relate to transactions carried out through your GET Wallet Account) may be directly debited from your GET Wallet Account.
1.47. You acknowledge and agree that your use of any mobile or data services in relation to your download of the GET Application (and/or any updates thereof) and/or any access to and/or use of the GET Application, any GET Service and/or any GET Content may entail additional charges with the relevant mobile and telecommunication service providers and that you shall be solely responsible for such charges (where applicable).
1.48. Without prejudice to any other obligations which you may have (whether under these Terms, at law, in equity or otherwise), you represent, warrant and undertake that:
1.48.1. any and all information provided by you to Get and/or any other Get Technologies APAC in connection with your access to and use of the GET Application, any GET Service or any GET Content (including in the course of registering for a GET Wallet Account) shall be true, accurate and complete, and you shall promptly notify and update Get and/or the relevant other Get Technologies APAC in the event of any change to such information (in such form and with such valid supporting documentation as may be required by Get and/or the relevant other Get Technologies APAC from time to time);
1.48.2. you are not and will not at any time be located in a country that is subject to embargo, or that has been designated as a “terrorist supporting” country by the Government of Singapore or by any regulatory authority and/or law enforcement body in Singapore;
1.48.3. you are not and will not at any time be listed on any list of prohibited or restricted parties by the Government of Singapore or by any regulatory authority and/or law enforcement body in Singapore;
1.48.4. you shall comply with:
(i) all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body, including tax obligations for each jurisdiction in which you may have tax liability; and
(ii) such policies, measures, guidelines, regulations and procedures (such as security and encryption standards, rules and procedures) as Get may specify from time to time in relation to the GET Application, including the provision of the GET Application by Get to you, and your use of the GET Application, any GET Service and any GET Content;
1.48.5. you have taken, obtained and shall maintain in force all necessary action to authorise and all necessary permits, licences, approvals, consents, waivers and exemptions for your entry into and performance of your obligations under these Terms and to access and use your GET Wallet Account, the GET Application and the relevant GET Services and related GET Content, in each case, in accordance with all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body;
1.48.6. you shall not at any time access or use the GET Application, any GET Service or any GET content for any unlawful or illegal activity or purpose or in any manner which will result in you or Get or any other Get Technologies APAC breaching any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body; and
1.48.7. you shall render to each of Get and the other Get Technologies APACs any assistance and co-operation as Get or such other Get Technologies APAC (as the case may be) may require in connection with any investigation undertaken and/or action taken by Get or such other Get Technologies APAC (as the case may be) (including that referred to in Clause 1.54).
1.49. When using the GET Application, you agree not to do (or facilitate or attempt the doing of), and not to permit, cause or procure that any person to do (or facilitates or attempts the doing of), directly or indirectly, any of the following:
1.49.1. compromising or undermining the security or integrity of the GET Application or any of equipment, systems, networks, sites, servers and infrastructure used for the purposes of and in connection with the function of and providing you with the GET Application;
1.49.2. accessing or using the GET Application via any means or interface without obtaining express authorised permission from the relevant party(ies), including using or launching any automated system;
1.49.3. accessing, using or damaging, or disrupting or impeding the operation of, any of equipment, systems, networks, sites, servers and infrastructure used for the purposes of and in connection with the function of and providing you with the GET Application (other than as expressly permitted in these Terms);
1.49.4. renting, leasing, lending, trading, selling, reselling or otherwise charging any person for the use of the GET Application;
1.49.5. breaching any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body or any rule, regulation or policy applicable to any network, server, computer database, website or news group that you may access;
1.49.6. infringing any intellectual property right, proprietary, privacy or publicity rights of any person, or breach any obligation of confidence or any other proprietary right;
1.49.7. breaking into or accessing any computer hardware, software, system or procedure;
1.49.8. relaying any material through any third-party equipment, systems, networks, sites, servers and/or infrastructure without authorisation;
1.49.9. using or storing any bots on Get or any other Get Technologies APACs’ servers;
1.49.10. carrying out any activities which Get may consider to be actually or potentially injurious to any person (including any Get Technologies APAC);
1.49.11. sending, posting (whether through the GET Application, on any website, mobile site, application, interface or platform that displays the “GET” mark, or otherwise), transmitting, distributing, linking to, soliciting, collecting or otherwise dealing with any content or service that:
(i) contains or constitutes unsolicited material (including unsolicited bulk mail messages, masses of electronic mail and other data) that could be expected to adversely affect any network or facilities;
(ii) does not meet acceptable standards of decorum and good taste;
(iii) contains or constitutes any material that is, or that Get considers, in its sole and absolute discretion, to be, obscene, offensive, defamatory, libellous, unlawfully threatening or harassing or otherwise actionable;
(iv) infringes any right of any person (including any proprietary or intellectual property right) or is in violation of any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body;
(v) contains or constitutes any material that is, or that Get considers, in its sole and absolute discretion, to be, misleading;
(vi) compromises or undermines the security or integrity of GET or any of the equipment, systems, networks, sites, servers and infrastructure used for the purposes of and in connection with the function of and providing you with GET;
(vii) contains any errors, whether technical or otherwise; or
(viii) contains or constitutes any material in any form that would render Get or any other Get Technologies APAC liable to any claim or proceedings whatsoever;
1.49.12. transmitting or distributing any viruses, worms, defects, Trojan horses, cancelbots, sniffer, time bombs or any programming or code of a destructive nature;
1.49.13. violating any person’s rights (including privacy rights), interfering with any person’s use of the GET Application, or causing any nuisance, annoyance or inconvenience to any person;
1.49.14. interfering with the proper working, functionality or availability of the GET Application or any other computer program or database in relation to or required in using the GET Application;
1.49.15. exploiting or abusing the GET Application;
1.49.16. breaching, tampering with, circumventing or modifying any security measures used by or on behalf of Get in connection with the GET Application, including any encryption codes or technological protection measures in or used in connection with the GET Application; or
1.49.17. imposing an unreasonably large load on the servers serving the GET Application.
1.50. Get shall be entitled to send, and you hereby consent to Get, sending and to you receiving, “push notifications” and SMS notifications relating to:
1.50.1. your access to and use of the GET Application and your GET Wallet Account (including details of how and when to update the GET Application); and
1.50.2. the Base Services and/or Additional Services.
1.51. Notwithstanding any other provision of these Terms, Get shall be entitled to, and hereby reserve all rights to, at any time disable any links to or frames of any website or mobile application containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body or any applicable proprietary, privacy, publicity or other rights of any person (including Intellectual Property Rights).
1.52. Get shall be entitled to at any time investigate complaints or reported breaches of these Terms or any matter referred to in these Terms, and to take any action Get may consider appropriate, including reporting any suspected unlawful activity to law enforcement officials or regulators and disclosing any information necessary or appropriate to such persons.
1.53. Get may, in its sole discretion, change, add or remove any feature or functionality of the GET Application at any time, including as a result of the acquisition and expiry of rights to any GET Content. Any such changes, additions and removals shall become part of the GET Application and shall apply immediately. Your continued access to and use of the GET Application shall be deemed to be your conclusive acceptance of such changes, additions and removals.
1.54. Notwithstanding any provision in these Terms which require Get to, or envisage that Get will, give notify or inform you of any matter, Get may nevertheless not notify or inform you of such matter if Get considers in its sole and absolute discretion that notifying or informing you of such matter will or may cause
(i) Get or any other Get Technologies APAC to be in breach of any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body and/or
(ii) any prejudice to any investigation or proposed investigation by any person (whether Get, any other Get Technologies APAC, any regulatory authority or law enforcement body, or otherwise).
1.55. You hereby agree and accept that Get’s records of Payment Transactions and any other matter in relation to these Terms (including any communications transmitted electronically or telecommunications between Get and you) as final and conclusive and binding for all purposes, in the absence of manifest error.
1.56. Without prejudice to any of Get’s other rights and remedies (whether under these Terms, at law, in equity or otherwise), Get is required to act in accordance with any and all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body relating to the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons or entities, and may be subject to sanctions in relation thereto. Get shall have the right to take any action which may be required by any applicable regulatory authority and/or law enforcement body or which it, in its sole and absolute discretion, considers appropriate to take in order to comply with such laws, directions, orders and requirements.
1.57. Without prejudice and in addition to any right of set-off to which Get is otherwise entitled, Get may, at any time, upon written notice to you, set-off any amounts owing by you to Get against any amounts which Get owes to you. Notwithstanding the foregoing, in the event that you breach any provision of these Terms, Get may perform such set-off without notice to you.
1.58. All GET Services for GET Wallet Account (for Base Services) are offered and provided from Singapore. All GET Content for GET Wallet Account (for Base Services) is directed at and restricted to natural persons resident in or entities having a place of business in Singapore ONLY. Get makes no representation that the GET Application, the provision of any GET Service or any GET Content for GET Wallet Account (for Base Services) is lawful, appropriate or available for use in other locations or jurisdictions.
1.59. You acknowledge and agree that the GET Application and all GET Services (and your access thereto and use thereof), and all GET Content, are provided on an “as is, as available” basis. Notwithstanding any other provision of these Terms, nothing in the GET Application constitutes or should be regarded as an offer or solicitation on the part of Get to provide any products or services described therein to any person to whom it is unlawful to make such offer or solicitation or where the local law or regulation does not permit the purchase of, subscription for or other use of such products or services.
1.60. All GET Content are provided or made available to you for general information and reference only. In addition, GET Content relating to third parties and/or products and/or services provided by third parties or provided on behalf of third parties (including Third Party Content) are re-transmitted by Get to you in the ordinary course of business. Such products and/or services, and any act or omission of such third parties, shall be the sole responsibility of the relevant third party, and you must (and may only) pursue any claim, dispute or remedy in respect thereof with such third party.
1.61. GET Content may contain or comprise geographic, political, economic, statistical, financial and exchange rate data presented in approximate or summary or simplified form which may change over time, and may be based on material and/or information obtained from third parties which may not be accurate. You should not use any GET Content as a basis for making any decision, including whether to register for GET Wallet Account or to access or use a GET Service. GET Content should not be relied upon without consulting primary or more accurate or more up-to-date sources of information or specific professional advice. You should obtain such professional advice where appropriate.
1.62. Your access to and use of the GET Application, any GET Service and any GET Content shall be solely at your own risk. You are solely responsible for evaluating the accuracy, completeness and usefulness of all opinions, advice and other information received with respect to the Payment Services in determining whether to access and/or use the GET Application, any GET Service and any GET Content.
1.63. In particular, without limitation, if you choose to access and/or use any Third Party Sites and/or Third Party Content, you acknowledge and agree that your access and/or use shall be subject to, and you shall review, accept and comply with, such terms and conditions (including any end user licence agreements) as may be applicable to such Third Party Sites and/or Third Party Content. You shall be solely responsible for any provision or submission of information by or on behalf of you on or through any Third Party Site.
1.64. None of the Indemnified Parties makes, and each of the Indemnified Parties hereby expressly excludes, any representation, warranty, guarantee, endorsement or undertaking of any kind, whether express or implied, statutory, arising from usage or custom or trade or by operation of law, or otherwise:
1.64.1. in relation to these Terms, the GET Application, any GET Service or any GET Content, including:
(i) the provision of the GET Application, any GET Service and any GET Content to you;
(ii) the performance by Get of its obligations under these Terms;
(iii) any failure or delay in, interruption to or disruption of the provision of the GET Application, any GET Service or any GET Content to you, or in the transmission or receipt of any data in connection with the provision of the GET Application, any GET Service or any GET Content to you, howsoever caused or arising;
(iv) your access to and use of the GET Application, any GET Service and any GET Content (whether fraudulent, authorised, unauthorised or erroneous and whether or not you are aware of such access and/or use), and any suspension, termination or discontinuance thereof; and
(v) any transaction or activity carried out pursuant to any GET Service.
1.64.2. as to the accuracy, privacy, reliability, security, timeliness, non-infringement, title, merchantability, fitness for purpose, accessibility, functionality, availability or ability of the GET Application, any GET Service or any GET Content;
1.64.3. as to the inter-operability of the GET Application, any GET Service or any GET Content with any other system, infrastructure, interface, product, service, network or otherwise to any extent;
1.64.4. as to whether the GET Application, any GET Service or any GET Content will meet your needs or requirements in any way or be uninterrupted, timely, secure, or free from computer viruses, Trojan horses, worms, malicious, destructive or corrupting codes or programmes, malicious activities of third parties, software bombs or similar items, defects, delays, errors, spyware, malware, adware, imperfections, faults, mistakes, misrepresentations, omissions, defects or inaccuracies;
1.64.5. as to whether the service conditions on which your access to and/or use of the GET Application, any GET Service or any GET Content depend (as further described in Clause 1.67), will be met; and
1.64.6. as to whether or not your access to and/or use of the GET Application, any GET Service or any GET Content will (i) breach any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body, (ii) contain any obscene, offensive, defamatory material, or (iii) breach or infringe any rights, including Intellectual Property Rights and other proprietary, privacy and publicity rights, of any person and any obligations of confidence, and save to the extent prohibited by applicable law, the Indemnified Parties do not accept and shall not bear any liability or responsibility arising directly or indirectly from or in connection with any or all of the foregoing matters, and you hereby waive claim you may now or in the future have against any Indemnified Party for the same. You shall fully and effectively indemnify, defend and hold harmless each Indemnified Party from and against, any and all Losses arising directly or indirectly from or in connection with any or all of the foregoing matters.
1.65. You acknowledge and agree that your access to and use of the GET Application, any GET Service and any GET Content is subject to the following service conditions being met:
1.65.1. the availability to you of a suitable mobile handset or device that is compatible for use with the GET Application and the relevant GET Service and GET Content;
1.65.2. the availability and connectivity of a suitable network infrastructure at the time when the GET Application or the relevant GET Service or GET Content is accessed and/or used by you;
1.65.3. the geographic and technical capability of the mobile networks and delivery systems at the time and location when and where the GET Application or the relevant GET Service or GET Content is accessed and/or used by you.
1.66. You acknowledge and agree that Get has entered and may enter into agreements and arrangements with, and is and may be subject to certain obligations to, owners and operators of Appstores (“Appstore Providers”) in connection with the distribution of the GET Application as a mobile application. Get accepts no, and shall not bear any, liability or responsibility for any Loss arising from or in connection with any act or omission of any Appstore Provider, or otherwise from the relationship between Get and such Appstore Providers.
1.67. Save to the extent prohibited by applicable law, in no event shall any Indemnified Party be liable or responsible in any way whatsoever for, and you waive any claim you may now or in the future have against any Indemnified Party and hereby agree to fully and effectively indemnify, defend and hold harmless each Indemnified Party from and against, any and all Loss arising from or in connection with or by reason of:
1.67.1. these Terms, the GET Application, any GET Service or any GET Content, any breach of these Terms (whether on your part, by any person acting on your behalf or over whom you have supervision or control, or otherwise) and any exercise by Get or any Get Technologies APAC of their respective rights under these Terms;
1.67.2. any transaction or activity carried out through your GET Wallet Account or pursuant to any GET Service being inaccurate, inadequate, incomplete, ambiguous or inconsistent in any way for any reason whatsoever;
1.67.3. any unauthorised, mistaken, unlawful or wrongful payments made through your GET Wallet Account or pursuant to any GET Service for any reason whatsoever;
1.67.4. the performance by or on behalf of Get of its obligations under these Terms, including the fulfillment of or failure to fulfil any Payment Transaction Request or the performance of or failure to perform any Payment Transaction (whether fraudulent, authorised, unauthorised or erroneous and whether or not you are aware of such fulfilment, performance or failure);
1.67.5. any product or service obtained from any Payment Merchant pursuant to any Payment Transaction (or any description of such product or service);
1.67.6. any breach of any Additional Terms (whether on your part, by any person acting on your behalf or over whom you have supervision or control, or otherwise);
1.67.7. any failure, refusal, delay, error or other act or omission by or on behalf of any GET Service Provider or content provider;
1.67.8. the use or disclosure, in any manner and for any purpose, by any Indemnified Party of any information obtained and/or provided by you in connection with your use of the GET Application, any GET Service or any GET Content, including where such information is (to your knowledge or otherwise) inaccurate, inadequate, incomplete, ambiguous, inconsistent or otherwise;
1.67.9. any error, omission, inadequacy, incompleteness, ambiguity, inconsistency or inaccuracy in or of any information obtained and/or provided by you in connection with your use of the GET Application, any GET Service or any GET Content (including in any Payment Transaction Request);
1.67.10. any inaccurate and incomplete content in the Push Notification, non-delivery or timely delivery of any Push Notification, or any reliance by you or any other party on the content of the Push Notification, and/or your disablement or refusal to accept any Push Notification, including any Loss or fraud arising as a result thereof; and
1.67.11. any Force Majeure Event.
1.68. This Clause shall survive any expiry, termination or other cessation of your relationship with Get and/or your access to and/or use of the GET Application, any GET Service or any GET Content. Get reserves the right to assume the defence and control of any matter subject to indemnification by you, in which event you will cooperate with Get in asserting any available defences.
1.69. You agree that caching, hyperlinking to, and framing of the GET Application or any GET Content are strictly prohibited, and that you shall not, and shall not assist, procure or cause any person to do or omit to do any thing which may constitute any of such activities.
1.70. All Intellectual Property Rights in or relating to the GET Application, any GET Service and any GET Content, including information, communications, software, texts, graphics, links and sounds, belong to Get, the relevant GET Service Provider and/or their respective related corporations, content providers and/or their third party licensors. Nothing in these Terms nor the grant to you of a licence to access and use GET shall be construed as granting you, by implication, estoppel or otherwise, and you shall not in any event be entitled to, any licence or right to use any such Intellectual Property Rights without the prior written consent of the relevant holder of such Intellectual Property Rights. Any right not expressly granted herein is reserved.
1.71. You shall not, and shall not assist, cause, permit or authorise any person to tamper, reproduce, modify, store, copy, use, transfer, distribute, republish, download, post, transmit, translate, pledge, sublicense, rent, lease, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operates or supports, or create any derivative works based on, any GET Content (or part thereof) (including its user interfaces), in any form or by any means, without the prior written permission of the relevant copyright holder for any purpose whatsoever. For the purposes of these Terms, “reverse engineer” includes the examination or analyses of GET Content to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of such GET Content. The source and object code of the GET Application constitute a trade secret of Get and must not be accessed, examined or shared without Get’s prior written consent.
1.72. You acknowledge and agree that the GET Application, the GET Services, and all GET Content may not be used, and you shall not and shall not assist, cause, permit or authorise any person to use GET, any GET Service or any GET Content (or part thereof), for commercial purposes (including commercial distribution).
1.73. You hereby grant to Get a worldwide royalty-free perpetual licence of the copyright and intellectual property rights in all information and material which you provide to Get in accessing and using the GET Application, any GET Service and/or any GET Content, for any purpose Get deems fit (including the copying, transaction, distribution and publication thereof).
1.74. Get and each other Get Technologies APAC shall be entitled to request for, retrieve and collect, and you hereby affirmatively agree, consent to and authorise the collection, retrieval, use and disclosure by and on behalf of Get and each other Get Technologies APAC, or any GET Preferred Partners, any and all Customer Information, in the manner and for the purposes set out in the GET Data Protection Policy and for the following purposes:
1.74.1. considering whether to approve and/or processing your request for registration for a GET Wallet Account and/or to provide you with any GET Service;
1.74.2. administering and/or managing your GET Wallet Account and/or your relationship with Get and any other Get Technologies APAC;
1.74.3. offering, providing and making available to you and carrying out their respective GET Services;
1.74.4. performing their respective obligations under these Terms and any Additional Terms;
1.74.5. carrying out identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, CFT and AML purposes);
1.74.6. dealing in any matters relating to the GET Services and/or GET Content which you access and use (including the mailing of correspondence, statements, invoices, reports or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages);
1.74.7. investigating fraud, misconduct, any unlawful action or omission, whether relating to your application, your claims or any other matter relating to your GET Wallet Account and/or your relationship with Get and any other Get Technologies APAC, and whether or not there is any suspicious of the aforementioned;
1.74.8. for meeting legal, regulatory and other compliance requirements (including disclosure to all government agencies and authorities, regulators (such as, without limitation, the Monetary Authority of Singapore), exchanges, clearing houses, markets or depositories); and
1.74.9. providing you with information, offering rewards and promotions, determining your eligibility for rewards and promotions, conducting market research and other survey, maintaining safety and security, and other purposes as further described in the GET Data Protection Policy, (collectively, the “Purposes”).
1.75. You hereby affirmatively agree, consent to and authorise the disclosure and/or transfer out of Singapore (if applicable), by and on behalf of Get or any other Get Technologies APAC, of your personal data, to its third party service providers or agents (including its lawyers), where such third party service providers or agents engaged by Get or any other Get Technologies APAC Get would be processing your personal data for Get or any other Get Technologies APAC for any of the Purposes.
1.76. You hereby represent, warrant and undertake to Get and each other Get Technologies APAC that where you or your representative is responsible for the provision of any information or data relating to any natural person to the Get and/or any other Get Technologies APAC or any GET Preferred Partner, or actually provides any such information or data to Get and/or any other Get Technologies APAC or any GET Preferred Partner, you have informed each such person and each such person has given consent to the Get’s collection, use and disclosure of their personal data as described under these Terms and the GET Data Protection Policy.
1.77. You agree that Get and each other Get Technologies APAC and any GET Preferred Partner may retain all Customer Information for the Purposes and in compliance with the applicable law.
1.78. If you wish to withdraw your consent given under Clauses 1.76 to 1.85, you are required to submit a request to Get (in such form as may be specified by Get from time to time), whereupon Get shall be entitled to take such action or procure to be taken any such action, as Get may consider appropriate arising from or in connection with such withdrawal of consent (including suspending or terminating the provision of GET (in whole or in part) to you).
1.79. You hereby consent to Get and each GET Service Provider sending SMS notifications to you or contacting you in any other manner at any time and from time to time in relation to the GET Application (including in respect of your GET Wallet Account) or the relevant GET Service, respectively. If you contact Get or any GET Service Provider via email, Get or such GET Service Provider may keep a record of that correspondence.
1.80. You consent to Get’s use of the data files which are placed on your device when you access and/or use the GET Application and/or any GET Service (“Cookies”) and Get’s use of Cookies, as follows:
1.80.1. to collect information about how you access and use the GET Application and GET Services;
1.80.2. to identify your device for the following purposes:
(i) for the operation of the GET Application and the provision of the GET Services;
(ii) to temporarily allow you to carry information between pages or interfaces of the GET Application to avoid having to re-enter such information; and
(iii) to temporarily identify your device after you have logged in to a secure page on the GET Application in order for you to carry out certain transactions;
1.80.3. to enable Get to improve the GET Application by tracking your access to and use of the GET Application and GET Services, so as to gather statistics on new and repeat visitors to evaluate effectiveness;
1.80.4. to enable Get to personalise GET Content for you and make the GET Application more relevant to your interests;
1.80.5. to store and remember your login and preferences in accessing and using the GET Application and GET Services (for example, your choice of language and region) to avoid you having to reenter such information when you return to the GET Application;
1.80.6. to maintain access controls for you to view privileged pages without seeking further permission from you (provided that no additional personal data is collected);
1.80.7. to conduct, operate, facilitate or determine your eligibility to participate in any rewards or promotions relating to the use of GET; and
1.80.8. to provide online advertisements or offers on the GET Application which are most likely to interest you, limit the number of times you see an advertisement or offer, and to evaluate the effectiveness of Get’s online marketing and advertising programs.
1.81. While you can choose not to accept Cookies by changing the settings on your device, you acknowledge and agree that if you ‘block’ or choose not to accept any Cookies, certain GET Services and features on the GET Application may not work as they otherwise would if you had not ‘blocked’ such Cookies.
1.82. You may from time to time give your agreement, consent or authority to all collection, use and disclosure by Get, any other Get Technologies APAC or any GET Preferred Partner of any Customer Information, for any purpose(s) requested by Get, such other Get Technologies APAC or any GET Preferred Partner, by any form of writing or by the acceptance by you of any relevant terms and conditions (including in these Terms and the GET Data Protection Policy) which refer to such consent or authority.
1.83. The provisions of Clauses 1.76 to 1.85 shall also constitute your consent for the purpose of the provisions of the Spam Control Act (Cap. 311A) and other applicable law, unless otherwise notified in writing by you in the procedure as determined by Get or any other Get Technologies APAC from time to time, including as may be described in the GET Data Protection Policy.
1.84. Get shall not be liable to you or be deemed to be in breach of any provision of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations (including the offering, provision and making available of any Base Service to you, or allowing you to access and use your GET Wallet Account to effect or obtain any GET Service) if the delay or failure was due to any Force Majeure Event.
1.85. Get may at any time suspend (for such period as Get may in its sole and absolute discretion consider appropriate) or terminate these Terms and/or the availability to you of and/or your access to and/or use of the GET Application (in whole or in part), your GET Wallet Account and/or any of the GET Services (as the case may be), in each case, without notice to you and without giving any reason. Get may (but shall not be obliged to) post a notice of such suspension or termination on the GET Website or make such notice available in any other manner deemed appropriate by Get.
1.86. A GET Service Provider may at any time suspend (for such period as such GET Service Provider may in its sole and absolute discretion consider appropriate) or terminate the availability to you of and/or your access to and/or use of the relevant GET Service (or any part thereof), in each case, without notice to you and without giving any reason.
1.87. Without prejudice to the foregoing, Get and each GET Service Provider may at any time suspend (for such period as such Get or such GET Service Provider (as the case may be) may in its sole and absolute discretion consider appropriate) or terminate the availability to you of and/or your access to and/or use of the GET Application (in whole or in part), your GET Wallet Account and/or the relevant GET Service (or any part thereof) (as the case may be), including freezing any Unused Balance in your GET Wallet Account, without notice to you, if:
1.88. Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have provided it with any false identification or otherwise misleading information;
1.88.1. you have, or Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have, committed a breach of any of the provisions of these Terms;
1.88.2. Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have misused or are likely to misuse the GET Application or any GET Service (including for any unauthorised use or any criminal or illegal purpose);
1.88.3. Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you are using the GET Application, your GET Wallet Account or any or all of the GET Services, or the relevant GET Service, respectively, on behalf of another party;
1.88.4. Get or such GET Service Provider (as the case may be) is required to do so in order to comply with any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body;
1.88.5. there is a material security threat to the GET Application, your GET Wallet Account or any of the GET Services (as the case may be) (including risk of money laundering or terrorist financing, hacking or through the introduction of viruses or other malicious code);
1.88.6. you become bankrupt or generally fail or are unable to pay any of your debts as they fall due;
1.88.7. Get or such GET Service Provider (as the case may be) is, in its sole and absolute discretion, of the opinion that you have perpetrated a fraud on Get or any Get Technologies APAC, or such GET Service Provider or any of its related corporations, respectively, or have conducted yourself in a manner which may result in perpetrating or attempting to perpetrate such a fraud;
1.88.8. you die, or become mentally incapacitated or suffer some other form of legal disability;
1.88.9. any information provided by you to Get or such GET Service Provider (as the case may be) in connection with these Terms or the relevant GET Service, respectively, is found to be false, misleading or incorrect;
1.88.10. you have, or Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have, caused or attempted to cause failure, interruption, disruption or congestion in any network or system in connection with the GET Application or any or all of the GET Services, or the relevant GET Service, respectively; and/or
1.88.11. any representation or warranty made by you to Get or such GET Service Provider (as the case may be) in connection with these Terms is incorrect or misleading.
1.89. If you wish to suspend or terminate your access to and use of the GET Application and/or your GET Wallet Account, you are required to submit a request to Get (in such manner and form and accompanied by such information and supporting documentation as may be required by Get from time to time) to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such Terms as may be applicable to such suspension or termination.
1.90. If you wish to suspend or terminate your access to and use of any GET Service, you are required to submit a request to Get and the relevant GET Service Provider in such manner and form and accompanied by such information and supporting documentation as may be required by Get and/or the relevant GET Service Provider from time to time) to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as Get and/or the relevant GET Service Provider may consider applicable to such suspension or termination.
1.91. You shall not be entitled to any payment, compensation or damages from Get or any other Get Technologies APAC in relation to any suspension or termination of your access to and use of the GET Application, your GET Wallet Account or any GET Service for any reason whatsoever.
1.92. Any suspension or termination of your access to and use of the GET Application, your GET Wallet Account or any GET Service for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
1.93. The rights of suspension and termination of Get and the GET Service Providers under these Terms shall be without prejudice to any other rights or remedies which Get and each GET Service Provider (as the case may be) may have (whether under these Terms, at law, in equity or otherwise).
1.94. Upon any suspension or termination of these Terms, and/or the availability to you of and/or your access to and/or use of all (and not some) of the GET Services, your GET Wallet Account and/or the GET Application (as a whole):
1.94.1. you shall not have any right, benefit or interest in connection with these Terms, the GET Application, your GET Wallet Account or any GET Service, and without prejudice to the foregoing:
(i) the licence granted by Get to you to access and use the GET Application shall cease and accordingly, you shall immediately cease all access to and use of the GET Application and all GET Services, and shall not, and shall not assist, cause or permit any person to, access or use the GET Application, your GET Wallet Account or any GET Service in any way (such licence, and your access to and use of the GET Application, your GET Wallet Account and the GET Services, shall only resume, in the case of a suspension, when such suspension ceases); and
(ii) any transaction which you have requested be carried out through the GET Application or pursuant to any GET Service that has not been completed shall be terminated (and in the case of a suspension, any such transaction may or may not resume when such suspension ceases);
1.94.2. none of Get and the other Get Technologies APACs shall have any obligation to you in connection with these Terms, the GET Application, your GET Wallet Account or any GET Service;
1.94.3. any and all sums due or accruing due or payable to Get or any other Get Technologies APAC in connection with these Terms and/or your access to and use of the GET Application, your GET Wallet Account and any GET Service, up to and including the date of suspension or termination (as the case may be) shall become immediately due and payable to Get or such other Get Technologies APAC; and
1.94.4. For the avoidance of doubt, upon termination of the availability to you of and/or your access to and/or use of all (and not some) of the GET Services, your GET Wallet Account and/or the GET Application (as a whole), you may register for a new GET Wallet Account in accordance with these Terms, if desired. However, without prejudice to any of Get’s other rights and remedies (under these Terms, at law, in equity or otherwise), Get retains the sole and absolute discretion to approve or reject any such request to register a new GET Wallet Account in whole or in part, or to impose any conditions whatsoever to your registration of a new GET Wallet Account.
1.95. Upon any suspension or termination of the availability to you of and/or your access to and/or use of any (but not all) of the GET Services (but not GET as a whole):
1.95.1. you shall not have any right, benefit or interest in connection with the relevant GET Service that has been suspended or terminated, and without prejudice to the foregoing:
(i) you shall immediately cease all access to and use of such suspended or terminated GET Service, and shall not, and shall not assist, cause or permit any person to, access or use such suspended or terminated GET Service in any way (such access to and use of such GET Service shall only resume, in the case of a suspension, when such suspension ceases); and
(ii) any transaction which you have requested be carried out through such suspended or terminated GET Service that has not been completed shall be terminated (and in the case of a suspension, any such transaction may or may not resume when such suspension ceases);
1.95.2. none of Get and the other Get Technologies APACs shall have any obligation to you in connection with such suspended or terminated GET Service; and
1.95.3. any and all sums due or accruing due or payable to Get or any other Get Technologies APAC in connection with your access to and use of such suspended or terminated GET Service, up to and including the date of suspension or termination (as the case may be) shall become immediately due and payable to Get or such other Get Technologies APAC.
1.96. As required by law, Get will take appropriate actions to safeguard customers’ relevant money (as defined in the Payment Services Act 2019), including the moneys in your GET Wallet Account. Such moneys received by Get from or on account of Get customers
(i) will be deposited into and held by Get on behalf of Get customers in an account opened with a bank in Singapore (“Banking Partner”);
(ii) will not be used for the payment of any Get debts; and
(iii) will not liable to be taken in execution under an order or a process of any court. However, do note that despite such safeguarding measures, there remains a residual risk that you may not be able to recover your moneys in full in the unlikely event of insolvency of the Banking Partner.
1.97. Notwithstanding the above, you acknowledge that the Banking Parter will only owe you such obligations and you shall only have such rights against such Banking Parter as are contemplated by the Payment Services Act 2019 in respect the relevant moneys held in such trust account. Save as provided above and to the extent permitted by applicable law, you acknowledge that you shall have no other relationship, rights and/or claims against such Banking Parter.
1.98. Get shall have the right in its sole and absolute discretion to amend, modify or vary these Terms (including any amendments made to the GET Data Protection Policy) by giving no less than 7 calendar days’ notice thereof to you, by posting on the GET Application and/or GET Website or in any other manner deemed appropriate by Get (which shall constitute good and sufficient notice thereof to you by Get and shall be deemed to have been received by you on the date of such posting or the making public of such notice, as applicable). If you continue to access and use the GET Application and/or any GET Service after such amendment, modification or variation, you shall be deemed to have agreed to be bound by such amended, modified or varied information, material and Terms.
1.99. No failure to exercise or enforce, and no delay on the part of Get or any Get Technologies APAC in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of Get or Get Technologies APAC at any time.
1.100. You agree that Get and/or any Get Technologies APAC shall not be under any obligation of confidentiality to you regarding any such information or material provided by you accessing and using the GET Application and/or any GET Service, unless agreed otherwise in a separate direct contract between you and Get and/or the relevant Get Technologies APAC, or otherwise required under applicable law.
1.101. You shall not assign, transfer or encumber any or all of your rights, interests and obligations under these Terms without the prior written consent of Get.
1.102. Get may assign and transfer any or all of its rights, interests and obligations under these Terms to any person. Any such assignment or transfer shall take effect upon posting on the GET Website or on such date as may be otherwise stated. In the event that Get assigns and transfers all its rights, interests and obligations under these Terms:
1.102.1. all references to Get in these Terms shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of Get; and
1.102.2. such assignee and transferee shall be entitled to enforce all rights and perform all obligations of Get and to be paid all sums due from you under these Terms as at the date of such assignment and transfer thereafter.
1.103. Notwithstanding anything herein contained, Get shall be entitled to sub-contract and delegate any or all of its obligations under these Terms or any other matters contemplated in these Terms, to any third party (including any other Get Technologies APAC) as Get deems fit, whether for such third party to carry out or procure the carrying out of such obligations or matters. In such event, Get shall not be liable to you for, and hereby disclaims all liability and responsibility in relation to, any act, omission, neglect or wilful default on the part of such third party.
1.104. All notices and communications by Get and/or any Get Technologies APAC to you may be sent or despatched to you by delivery, post, e-mail, SMS, eDM or facsimile transmission or any other means deemed appropriate by Get, to your e-mail or other address or mobile or facsimile number appearing in any of your records maintained by Get or from which any communication by you to Get was despatched or issued or otherwise last known to Get. Any such notice, demand or communication addressed and so despatched to you shall be deemed to have been received by you:
1.104.1. in the case of despatch by e-mail, SMS or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by Get and/or the relevant Get Technologies APAC;
1.104.2. in the case of despatch by delivery to your address, on the date and at the time it was so delivered or left at that address; and
1.104.3. in the case of despatch by post:
(i) to any address in Singapore, on the next day after it was posted by Get and/or the relevant Get Technologies APAC; or
(ii) to any address outside Singapore, on the seventh (7th) day after it was posted by Get and/or the relevant Get Technologies APAC.
1.105. All notices and requests from you to Get shall be in writing unless otherwise specified by Get to you. Get shall be entitled to regard as ineffective and invalid any notice or request by you the receipt of which has not been confirmed by Get to you.
1.106. Any part of any provision of these Terms that is invalid, unenforceable or illegal shall be enforced as nearly as possible, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of these Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
1.107. Save for the Get Technologies APACs, no person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any provision of these Terms.
1.108. These Terms shall be subject to and construed in accordance with the laws of Singapore and you hereby submit to the non-exclusive jurisdiction of the courts of Singapore.
2. Definitions and Interpretation
2.1. In these Terms, the following words and expressions shall have the following meanings:
2.1.1. “Additional Services” refers to the following services which may be effected or obtained by you through the use of the GET Application from time to time, and shall include the products and services offered, provided and made available by any person other than Get (including any other Get Technologies APAC and any third party), where your ability to access and use your GET Wallet Account to effect or obtain any of such products and services is dependent on your entry into and compliance with a separate agreement relating to such Additional Service with the person offering, providing and making available such product or service, where applicable:
(i) Payment Services (applicable to local and foreign Payment Merchants);
(ii) GET Visa Virtual Account Services (applicable to local and foreign Payment Merchants);
(iii) P2P Services
2.1.2. “AML” means anti-money laundering.
2.1.3. “Appstore” means an online digital media and/or application store, and includes Apple Inc.’s iTunes Store and Google Inc.’s Google Play store.
2.1.4. “CFT” means countering the financing of terrorism.
2.1.5. “Customer Information” means all information which you provide or which is obtained as a result of or in connection with these Terms and/or your access to and/or use of the GET Application, any GET Service and/or any GET Content, including information you provide in submitting your request to register for a GET Wallet Account, information which relates to a transaction, information which identifies or which relates to an individual, whether true or not, and information collected, used and/or disclosed as described in the GET Data Protection Policy.
2.1.6. “GET Application” means the application(s) for mobile devices (available for download from an Appstore) offered, operated and maintained by or on behalf of Get from Singapore, whether jointly with any other banks or persons or otherwise, through which certain products, services and functionalities, as Get may determine from time to time at its sole and absolute discretion, are offered and may be accessed and used, and shall include any derivation or upgrade of such applications as may be made available by Get, whether jointly with any other banks or persons or otherwise, from time to time.
2.1.7. “GET Content” means all material, information, tools, content, hyperlinks, marks and logos contained in or displayed on, and all software and content which may be downloaded and/or accessed from or are made available through, the GET Application (and/or any access thereto and/or use thereof), including:
(i) all features and functionalities for the time being offered and made available on or via the GET Application;
(ii) all advertisements, promotions and offers (whether from Get, any other Get Technologies APAC or any third party);
(iii) all material, information, tools, content, hyperlinks, marks and logos relating to third parties and/or products and/or services owned or provided by third parties;
(iv) all hypertext links to Third Party Sites; and
(v) Third Party Content.
2.1.8. “GET Data Protection Policy” means the current version of the data protection policy available at www.useget.com or such other Internet website as may be maintained in respect of such policy.
2.1.9. “GET Preferred Partners” means the business partners with whom Get or any other Get Technologies APAC are working with on rewards and promotions relating to GET.
2.1.10. “GET Rewards Programme” means the loyalty rewards programme named “GET Rewards” managed and operated by the Get.
2.1.11. “GET Rewards Programme Terms” means the terms and conditions governing participation in the GET Rewards Program, as provided in Section D (Terms and Conditions for GET Rewards Program), including any amendments thereto that Get may make from time to time in its discretion.
2.1.12. “GET Service Provider” means, in respect of a GET Service, the person offering, providing and making available such GET Service to users of the GET Application. A “GET Service Provider” may be Get, any other Get Technologies APAC, or such other third party service provider as may be set out in the GET Website from time to time.
2.1.13. “GET Services” means such products and services as may be effected or obtained through the use of the GET Application for the time being as may be set out on the GET Website, comprising the Base Services and the Additional Services.
2.1.14. “GET Visa Virtual Account” means the virtual VISA card account issued to you by NIUM Pte. Ltd. pursuant to a card scheme and programme administered by Get upon the GET Visa Virtual Account Terms.
2.1.15. “GET Visa Virtual Account Services” means the payment related services offered by Get through the GET Visa Virtual Account.
2.1.16. “GET Visa Virtual Account Terms” means the terms and conditions relating to the use of the GET Visa Virtual Account in Section C (Terms and Conditions for GET Visa Virtual Account), including any amendments thereto that Get may make from time to time in its discretion.
2.1.17. “GET Wallet Account” means the wallet accounts offered by Get, including GET Wallet Account (for Base Services) and GET Wallet Account (for Additional Services):
(i) through which the holder of such account may, inter alia, effect and obtain GET Services, subject to these Terms; and
(ii) for the purposes of containing e-moneys, which e-moneys is capable of being used by you to carry out such transactions as Get may from time to time specify (including those which may be made pursuant to the GET Services).
2.1.18. “GET Website” means www.useget.com or such other Internet website as Get may maintain in respect of GET from time to time.
2.1.19. “EZL” means EZ-Link Pte Ltd (Company Registration Number 200200086M) and its successors.
2.1.20. “EZ-Link NFC Services” means the payment related services offered by EZL for payment of EZL approved merchants and public transport services through the EZ-Link Purse embedded in the Get Transit NFC SIM Card.
2.1.21. “EZ-Link NFC Terms” means the terms and conditions relating to the use of the EZ-Link NFC Services and the EZ-Link Purse, including any amendments thereto that EZL may make from time to time in its discretion. Please refer to http://www.ezlinknfc.com/terms-conditions for the terms and conditions.
2.1.22. “Force Majeure Event” means any event or circumstance the occurrence and the effect of which Get is unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on the part of Get.
2.1.23. “Indemnified Parties” means Get, the other Get Technologies APACs and each of their respective directors, officers, employees, suppliers, vendors, licensors, agents and representatives.
2.1.24. “Intellectual Property Rights” means patents, trade marks, service marks, trade names, domain names, rights in designs, semiconductor topography rights, database rights of unfair extraction and reutilisation, copyrights (including rights in computer software), rights in know-how and other intellectual or industrial property rights (whether registered or unregistered and including applications for the registration of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world.
2.1.25. “Losses” means all losses, liabilities, costs, damages (including damages arising from cyber attacks), claims, expenses (including legal fees, costs and expenses on a full indemnity basis), compensation, demands, actions and proceedings, howsoever arising, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whether direct, indirect or consequential.
2.1.26. “NFC” means near field communications, which is a short range wireless technology.
2.1.27. “NFC SIM Card” means a smart card on which a user service identity module application resides and which is used for accessing 3G mobile telecommunication services. It includes a secure element, with capabilities to support the function in the NFC SIM Card that enables access to the NFC Payment Services.
2.1.28. “NFC SIM Card Terms” means the terms and conditions relating to the use of the NFC SIM Card, as may be amended from time to time.
2.1.29. “P2P Services” means payment and electronic or mobile money transfer services between natural persons, regardless whether such services are support or facilitated by Get or otherwise, which services shall be subject always to the terms of the separate agreements relating to such services, if any, with the persons offering, providing and making available such services, where applicable.
2.1.30. “Payment Amount” means, in respect of a Payment Transaction, the amount as specified or confirmed in the relevant Payment Transaction Request as the amount to be paid to the relevant Payment Beneficiary, or deemed to be the “Payment Amount” for such Payment Transaction pursuant to Clause 2.39.
2.1.31. “Payment Beneficiary” means a Payment Merchant who is designated by you to receive payment via a Payment Service.
2.1.32. “Payment Merchant” means a merchant entity
(a) who is for the time being recognised by Get as a registered merchant who has entered into a binding subscription, merchant or merchant services agreement (or such other equivalent agreement) with Get to accept payment for product(s) or service(s) effected through the GET Application;
(b) who is for the time being approved by Cross Border Payments Pte Ltd to accept payment for product(s) or service(s) effected through the “VIA” cross border person- to-merchant payment platform operated by Cross Border Payments Pte Ltd; or
(c) participating in the VISA PayWave scheme and approved by Get from time to time.
2.1.33. “Payment Services” means such payment-related services which may be effected or obtained through the use of the GET Application or the GET Visa Virtual Account, as the case may be, pursuant to which payments may be made via such payment instruments, technologies and/or methods as may be determined by Get from time to time, including:
(i) payments to Payment Merchants for product(s) and service(s) offered and/or provided by or on behalf of such Payment Merchants;
(ii) top-up of pre-paid phone and data cards offered by a Payment Service Provider, where applicable;
(iii) such other services as may be set out in the GET Website from time to time.
For the avoidance of doubt, Payment Services shall not include payments to natural persons other than payments to Payment Merchants for product(s) and service(s) offered and/or provided by or on behalf of such Payment Merchants as provided herein.
2.1.34. “Payment Transaction” means a payment transaction performed in fulfilment of a Payment Transaction Request.
2.1.35. “Payment Transaction Request” means a request made to Get to make payment to a Payment Beneficiary.
2.1.36. “PIN” means a personal identification number, which is created when you sign up for GET Services.
2.1.37. “Remittance Services” means the cross border remittance service provided by Get that enables a Customer to remit funds to the Customer's designated beneficiaries in the territories of Philippines, Indonesia, India, Myanmar and China, and such other territories as may be determined by Get from time to time, in accordance with the Remittance Service Terms.
2.1.38. “Remittance Service Terms” means the General Terms and Conditions for Remittance (Remittance Service) relating to the use of the Remittance Services available.
2.1.39. “S$” means the lawful currency of Singapore.
2.1.40. “Get” means GET TECHNOLOGIES APAC Pte. Ltd. (Company Registration Number 201106360E) and its successors. Get is a holder of a Major Payment Institution licence issued by the MAS under the Payment Services Act 2019.
2.1.41. “Get Remittance Counters” means the physical counters operated by Get in Singapore to provide services in relation to Remittance Services and GET Services to its customers.
2.1.42. “Get Technologies APAC” means any related corporation (as defined in the Companies Act (Cap. 50)) of Singapore Telecommunications Limited (Company Registration Number 199201624D).
2.1.43. “Get Transit NFC SIM Card” means a smart card on which a user service identity module application resides and which is used for accessing 3G mobile telecommunication services. It includes a secure Element, with capabilities to support the function in the Get Transit NFC SIM Card that enables access to Payment Service including EZ-Link NFC Services
2.1.44. “SMS” means Short Message Service.
2.1.45. “Terms” means these Terms and Conditions, as may be amended from time to time.
2.1.46. “Third Party Content” means all material, information, tools, content and hyperlinks contained in Third Party Sites (whether relating to third parties and/or products and/or services owned or provided by third parties or otherwise).
2.1.47. “Third Party Sites” means websites and/or mobile applications owned, operated or provided by third parties.
2.2. The headings or titles to the Clauses in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms.
2.3. Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neuter gender and vice-versa.
2.4. Any reference in these Terms to any Clause shall be construed as a reference to the clauses of these Terms unless otherwise expressly stated.
2.5. The words “include” or “including” in these Terms shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import.
2.6. Any reference in these Terms to any person shall be construed as a reference also to such person’s successors and assigns.
2.7. To contact Get in connection with any matter relating to the GET Application or any Base Service, you may call Get’s customer hotline at +65 3105 1380. Get may record any telephone conversation with you without notice to you. You hereby agree to such recordings and that such recordings shall be admissible in evidence in any proceedings and shall be binding on you.
2.8. Any determination, decision or opinion that Get may make or have under or as envisaged in any provision in these Terms may be made or held in the sole and absolute discretion of Get (whether or not it is expressly stated as such in the relevant provision). Get shall not be required to provide any reason or explanation for any of its determinations, decisions and opinions. Without prejudice to the foregoing, if Get nevertheless provides any reason or explanation for any of its determinations, decisions or opinions, such reason or explanation shall not be binding on Get, and does not constitute any representation, warranty or undertaking by Get (as to future action or otherwise).
2.9. You acknowledge and agree that before you are eligible to access and use the GET Application (including to effect and obtain any GET Service), you are required to satisfy all the criteria set forth in these Terms, as may be amended from time to time by Get in its sole and absolute discretion, and to have successfully passed all identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, CFT and AML purposes) which Get in its sole and absolute discretion considers necessary.
2.10. You acknowledge, agree and warrant that you are, and will at all times be, in compliance with the following:
2.10.1. you are of legal age of majority to contract (and in any event, no less than 18 years of age) and are legally capable and permitted to accede to these Terms, or if you are under 18 years of age, you have obtained the consent and permission of your parent or legal guardian for use of GET in accordance with these Terms. You shall not be eligible to access and use the GET Application (including to effect and obtain any GET Service) if you are less than 7 years of age;
2.10.2. you shall register for and have in force a valid GET Wallet Account and shall comply with these Terms and all terms and conditions governing the use of GET Services, and your access to and use of the GET Application have not been suspended or terminated for any reason whatsoever; and
2.10.3. you are not in arrears of any payment due to any Get Technologies APAC.
2.11. In the event any of the criteria in these Terms has not been satisfied or ceases to be satisfied at any time whatsoever, and/or any provision of these Terms is not complied with, and/or you fail to successfully pass any identification check, due diligence and/or other check, screening and/or verification (including for anti-fraud, anti-terrorism, CFT and AML purposes) which Get in its sole and absolute discretion considers necessary, or if at any time, Get, at its sole and absolute discretion, suspects any fraud in relation to, and/or misuse of your GET Wallet Account and/or the GET Application, Get shall be entitled to suspend or terminate the availability to you of and/or your access to and/or use of your GET Wallet Account (in whole or in part), the GET Application (in whole or in part) and/or any Base Service, and/or procure the suspension or termination of the availability to you of and/or your access to and/or use of any other GET Service by the relevant GET Service Provider, in each case, without notice to you and without giving any reason.
2.12. Any persons who wish to access any Additional Services in addition to any Base Service may register for GET Wallet Account (for Additional Services) through any one of the following channels by submitting a request in such manner and form and accompanied by such information and supporting documentation as may be required from time to time:
2.12.1. in person at a Get Shop or a Get Exclusive Retailer;
2.12.2. in person at a Get Remittance Counter or such other authorised locations as may be determined by Get from time to time;
2.12.3. in person at roadshows organised by any Get Technologies APAC from time to time;
2.12.4. such other channels as Get may make available from time to time;
2.13. Upon successful registration for GET Wallet Account (for Additional Services), any existing GET Wallet Account (for Base Services) registered by you will be converted to and replaced by GET Wallet Account (for Additional Services). For the avoidance of doubt, each person may only register for one (1) GET Wallet Account account at any time, which may either be GET Wallet Account (for Additional Services) or GET Wallet Account (for Base Services).
2.14. Get retains the sole and absolute discretion to approve or reject any request to register GET Wallet Account (for Additional Services) in whole or in part, or to impose any conditions whatsoever to the registration of GET Wallet Account (for Additional Services).
2.15. You may only register for GET Wallet Account (for Additional Services), and access and use the GET Application and the GET Services, for (and only for) your own behalf and personal use, and not for the benefit or on behalf of any other person (including natural person or legal person). Without prejudice to the foregoing, you shall not assist, cause, permit or authorise any other person (including natural person or legal person) to access or use your GET Wallet Account (for Additional Services) to effect or obtain any GET Service, including making any payments or carrying out any transactions or other activity pursuant to any GET Service.
2.16. Where you are not the registered owner of the mobile line linked to the mobile number you have provided to Get in order to register for GET Wallet Account, you hereby represent and warrant that you have informed and obtained the consent of the registered owner to use such mobile number and the mobile line linked to such mobile number to register for your GET Wallet Account.
2.17. Any request to change the mobile number registered to your GET Wallet Account shall be subject to any terms, conditions and processes as may be introduced, amended and/or implemented by Get from time to time in relation to the same. Get retains the sole and absolute discretion to approve or reject any such request to change the mobile number registered to your GET Wallet Account, and to terminate or suspend your access to and use of the GET Application and/or your GET Wallet Account upon such rejection.
2.18. GET Wallet Account (for Additional Services) may be used to access any GET Service, including without limitation Base Services and Additional Services.
2.19. Any and all access and use by you of any Additional Service, including P2P Services, shall be dependent on your entry into and compliance with the terms and conditions of a separate agreement relating to such Additional Service with the relevant GET Service Provider, if any, and to any and all other applicable terms, conditions and processes as may be introduced, amended and/or implemented by the relevant GET Service Provider and/or Get from time to time. Nothing in these Terms amounts to any representation or warranty that you will be able to access and use the GET Application to effect or obtain any Additional Service.
2.20. You acknowledge and agree that in order to be use the P2P Services, both the recipient and transferor must be able to mutually identify each other’s name and mobile number via the GET Application when the relevant payment/transfer is sought to be made.
2.21. Get shall be entitled to suspend or terminate the availability to you of and/or your access to and/or use of any Additional Service, and/or procure the suspension or termination of the availability to you of and/or your access to and/or use of any other GET Service by the relevant GET Service Provider, in each case, without notice to you and without giving any reason.
2.22. Any access or use of your GET Wallet Account in breach of these Terms or any access or use of your GET Wallet Account for any purpose which is prohibited by any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body shall be void and you shall have no rights under these Terms in respect of such access and/or use.
2.23. Where the mobile line linked to the mobile number you have provided to Get in order to register for GET Wallet Account is transferred, suspended or terminated for any reason whatsoever, you shall forthwith notify Get of the same and provide to Get the particulars of a new mobile line to replace such transferred, suspended or terminated mobile line (if any). If you do not provide a new mobile line to replace such transferred, suspended or terminated mobile line, Get shall be entitled to suspend (for such period as Get may in its sole and absolute discretion consider appropriate) or terminate your GET Wallet Account and/or your access to and/or use of the GET Application (in whole or in part), without notice to you. In such event, any balance for the time being standing to the credit of your GET Wallet Account shall, for the purposes of these Terms, be deemed to be Unused Balance (as defined in Clause 2.36). Notwithstanding the foregoing, if you shall fail to promptly notify Get of your transferred, suspended or terminated mobile line, as herein required, you shall nevertheless be responsible and liable for all transactions carried out through your GET Wallet Account using the GET Application or such GET Service (as the case may be), notwithstanding that such transactions may have been carried out, and/or your PIN or such details may have been used by any other person without your knowledge or authority.
2.24. You will need to use your PIN and such other details relating to your GET Wallet Account as Get may from time to time require to access and use the GET Application (including to effect or obtain any GET Service)You are responsible for safekeeping and maintaining the confidentiality of your PIN and all details of your GET Wallet Account. You must not disclose to any person your PIN or any details of your GET Wallet Account, and shall not assist, cause, permit or authorise any person to use your PIN or GET Wallet Account for any purpose whatsoever. You shall take such measures as may be necessary and all due care to protect your PIN and GET Wallet Account against misuse by third parties.
2.25. You shall promptly notify Get upon discovering that there has been any:
2.25.1. inappropriate or unauthorised disclosure of and/or use of your PIN and/or any details of your GET Wallet Account; and/or
2.25.2. inappropriate or unauthorised access to and/or use of the GET Application and/or any GET Service effected using your PIN and/or any details of your GET Wallet Account,
and you shall promptly take such steps as may be specified by Get in relation to the foregoing matters (including to change your PIN).
2.26. You are solely responsible and liable for any access to and use of the GET Application or any GET Service effected through the use of your PIN and/or any details of your GET Wallet Account, notwithstanding that your PIN or such details may have been used by any other person without your knowledge or authority.
2.27. Subject always to these Terms, Get grants you a limited, non-transferable and non-exclusive, revocable, free of charge, personal licence for the period during which
(i) you have in force a valid GET Wallet Account and
(ii) your GET Wallet Account and/or access to and use of the GET Application have not been suspended or terminated for any reason whatsoever, to access and use the GET Application to effect and obtain GET Services, provided that such access and use shall be made on a mobile device that you own or control for non-commercial purposes.
2.28. You acknowledge and agree that the access to and use of the GET Application and GET Services is offered to you on an "as available, where available" basis. Get may, at its sole and absolute discretion, at any time add to, vary or limit the features and/or functions of the GET Application, any GET Service or any GET Content which may be made available to you, and/or provide for, vary, supplement or amend and terms and conditions relating to your use of such the GET Application, any GET Service or any GET Content which may be made available to you without notice to you.
2.29. Any and all access and use by you of the GET Application and GET Services shall be governed by these Terms, where applicable, and is subject to such other guidelines, procedures, policies and regulations which may be prescribed, introduced, varied and/or amended by any applicable regulatory authority or law enforcement body from time to time.
2.30. Without prejudice to the above, you acknowledge and agree that in order to be eligible to apply for and continue to use the EZ-Link NFC Service, you are required to apply for and use the Get Transit NFC SIM Card and comply with the EZ-Link NFC Terms relating to the use of the EZ-Link NFC Service. Termination of the EZ-Link purse and EZ-Link NFC Service and refund of monies remaining in the EZ- Link Purse shall be in accordance with the EZ-Link NFC Terms. Please contact EZL Customer Service Hotline and/or refer to www.ezlinknfc.com for EZ-Link Purse and EZ-Link NFC Service related enquiries (including transactions such as top-up and refunds).
2.31. You must (and may only) pursue any claim, dispute or remedy which you may have in relation to a GET Service with the relevant GET Service Provider.
2.32. Where the relevant GET Service Provider is not Get:
2.32.1. Get’s obligations are limited to taking instructions from you (which instructions shall be in such manner and form and accompanied by such information and supporting documentation as Get may require from time to time) and such GET Service Provider and relaying such instructions to you or the GET Service Provider, as the case may be, in connection with the relevant GET Service. Get shall have no other responsibility in relation to the relevant GET Service.
2.32.2. Any instructions given by you to Get in connection with any GET Service may not be cancelled, withdrawn or amended unless Get in its sole and absolute discretion consents otherwise. Get shall not bear any liability or responsibility for any and all Losses if Get does not or is unable to stop or prevent the carrying out of the relevant GET Service or any transaction as a result of such instructions.
2.33. Notwithstanding any other provision of these Terms, Get shall be entitled, in its discretion, to refuse to carry out and/or complete any request submitted or transaction carried out by you or on your behalf pursuant to any GET Service.
2.34. You may top-up and add credit to your GET Wallet Account through the following cash-in points, subject to any terms, conditions and processes as may be introduced, amended and/or implemented by Get or the respective cash-in channel providers from time to time in relation to the same:
(i) The GET Application, or any other platforms as may be determined by Get from time to time at its sole discretion;
(iI) Selected VISA/Master Cards (excluding prepaid VISA/Master Cards)
provided that your GET Wallet Account can only hold, in aggregate, a maximum credit amount of S$1000 (or such other amount as Get may determine in its discretion from time to time) at any point in time.
2.35. Notwithstanding and without prejudice to anything contained herein, you acknowledge and agree that Get has a right to claim directly against you for any top-up or credit amount that is due and payable by you to any Get Technologies APAC in relation to your GET Wallet Account or your use of the GET Application.
2.36. The balance for the time being standing to the credit of your GET Wallet Account (“Unused Balance”) is held on trust by Get for you. Save as otherwise expressly provided in this Clause 2.36, no refunds or cash withdrawals may be made from your GET Wallet Account:
2.36.1. You may at any time submit a request to Get through the GET Hotline at +65 3105 1380 for a refund of the Unused Balance and termination of your GET Wallet Account. Such request shall be made in such manner and form and accompanied by such information and supporting documentation as may be required by Get from time to time. Upon receipt of your request, Get will provide, subject to verification and any deductions as provided in Clauses 1.31.3 and 1.31.4, a full refund of the Unused Balance to you, whereupon your GET Wallet Account shall be terminated. The refund shall be made by Get in such manner and at such time as Get may determine in its sole discretion, as shall be advised by Get.
2.36.2. For avoidance of doubt, Get will not entertain any request for partial refund only of the Unused Balance.
2.36.3. Where you have outstanding payments owing to any Get Technologies APAC, Get shall be entitled to first set-off the outstanding payments due to such Get Technologies APAC against the Unused Balance for the time being.
2.36.4. Any refund of any Unused Balance may be subject to such additional administrative fees as Get may from time to time determine. The imposition of such administrative fees, and any changes and amendments thereto, shall be effective upon posting on the GET Website or on such date as may be otherwise stated. Your continued access to and use of the GET Application, your GET Wallet Account and/or any of the GET Services shall be deemed to be your conclusive acceptance of such fees and charges, and changes and amendments to such fees and charges (if any).
2.37. Notwithstanding any provision in these Terms, Get shall be entitled to, at any time and without notice to you:
2.37.1. deduct from your GET Wallet Account any amount deemed by Get in its sole discretion to have been wrongly credited into your GET Wallet Account and/or reverse any transaction carried out using your GET Wallet Account, whether due to mobile networks or delivery systems error or otherwise;
2.37.2. deduct from your GET Wallet Account any fees, charges or other amounts which are payable by you to Get or any Get Technologies APAC, whether under these Terms or otherwise; and/or
2.37.3. deal with and/or take any action in respect of, any Unused Balance for the time being, if required by and in accordance with any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body.
2.38. You acknowledge and agree that before you are eligible to access and use any Payment Service, you are required to satisfy all the criteria set forth in these Terms, as may be amended from time to time by Get in its sole and absolute discretion. In the event any such criteria has not been satisfied or ceases to be satisfied at any time whatsoever, or any provision of these Terms is not complied with, Get shall be entitled in its discretion to suspend or terminate (as the case may be) the availability to you of and/or your access to and/or use of any Payment Service.
2.39. You acknowledge, agree and warrant that you are, and will at all times be, in compliance with the following:
2.39.1. in relation to the NFC Payment Services, you have applied for and will use the relevant NFC SIM Card, and will at all times comply with the provisions of the relevant NFC SIM Card Terms;
2.39.2. you have full capacity, authority and legal right to enter into and engage in Payment Transactions; and
2.39.3. where the relevant Payment Beneficiary is a Payment Merchant, the transaction and contract between you and such Payment Merchant, and the performance of such transaction and contract, relate to the supply and/or provision of goods and/or services that are legal, valid and enforceable in Singapore and any relevant jurisdiction (including the jurisdiction in which such goods and/or services are to be supplied and/or provided), and the charges incurred under such transaction and contract are legal, valid and enforceable in Singapore and any relevant jurisdiction (including the jurisdiction in which such charges are to be incurred).
2.40. All Payment Amounts shall be denominated in Singapore dollars. If any sum specified by you to be paid to the relevant Payment Merchant under a Payment Transaction Request is denominated in any currency other than Singapore dollars, Get shall be entitled to convert such sum into Singapore dollars at such rate as may be determined by Get or VISA, as the case may be, and such converted sum, including any additional fees and charges that may be imposed by Get or VISA in accordance with these Terms or the GET Visa Virtual Account Terms, shall be deemed to be the “Payment Amount” for the purposes of these Terms.
2.41. You further acknowledge and agree that the continued provision of the Payment Services to you, the acceptance by Get of each Payment Transaction Request and the performance by Get of each Payment Transaction, and any refund to your GET Wallet Account in accordance with these Terms are subject to the following conditions (in addition to the other criteria and conditions under these Terms):
2.41.1. the relevant Payment Beneficiary having successfully passed all identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, CFT and AML purposes) as may be required by any applicable regulatory authority or law enforcement body from time to time and/or which Get in its sole and absolute discretion considers necessary;
2.41.2. the relevant Payment Beneficiary complying with all terms and conditions imposed by Get for the receipt of the relevant Payment Amount;
2.41.3. the Unused Balance for the time being in your GET Wallet Account being sufficient to fulfil the relevant Payment Transaction Request;
2.41.4. where the relevant payment is to be made into your GET Wallet Account, the Unused Balance following such payment shall not exceed S$1000 at any point of time;
2.41.5. you having paid all applicable fees and charges (including goods and services tax and all taxes imposed on or payable in respect of such fees and charges) which may be payable in respect of the GET Services you have effected or obtained through the GET Application and/or in relation to your GET Wallet Account.
2.42. Get will make reasonable efforts to ensure that the Payment Transactions are processed and performed in a timely manner, but makes no representation or warranty regarding the time needed to complete processing or to transfer the amount to the relevant Payment Beneficiary, and will not be liable or responsible for any Loss to you or any Payment Beneficiary due to any delay in the processing of any Payment Transaction, the transfer of any Payment Amount, or the receipt of any Payment Amount by any Payment Beneficiary, save where such Loss is directly and solely caused by Get 's fraud, gross negligence or wilful misconduct.
2.43. Get shall be entitled, in its sole and absolute discretion, to refuse to perform and/or complete any Payment Transaction (including if any of the conditions set out in the provisions of these Terms are not fulfilled for any reason whatsoever and/or Get has reason to believe, in its sole and absolute discretion, that any representation or warranty given by you under these Terms is or has become untrue or incorrect or is breached in any respect).
2.44. You shall exercise caution when transferring any Payment Amount to any unfamiliar Payment Beneficiary and shall always be alert to the possibility of fraud.
2.45. You acknowledge and agree that:
2.45.1. you are solely responsible for ensuring the accuracy, adequacy and completeness of each Payment Transaction Request, and the requested Payment Amount, are accurate, up-to-date and reflect your intentions and Get shall not be obliged to verify the accuracy, adequacy and completeness of any such Payment Transaction Request; and
2.45.2. a Payment Transaction Request once given to Get may not be cancelled, withdrawn or amended by you unless Get in its sole and absolute discretion consents otherwise, and in this connection, Get has no liability or responsibility if it does not or is unable to stop or prevent the implementation of the Payment Transaction.
2.46. If a Payment Merchant makes a request through the mobile payment system provided to it by Get to void any Payment Transaction made by you, Get may, in its sole discretion, refund the relevant Payment Amount to you by crediting such Payment Amount to your GET Wallet Account, after deducting any fees, charges or other amounts which may be payable by you to Get or any Get Technologies APAC, whether under these Terms or otherwise.
2.47. In respect of any complaints concerning any Payment Transaction Request raised by you to Get, you hereby acknowledge that:
2.47.1. you shall satisfactorily provide such documentary proof as Get may require as relevant evidence toward Get’s investigation of the relevant Payment Transaction Request;
2.47.2. you shall notify in writing to Get of any issues with, discrepancy or dispute in relation to any Payment Transaction Request within 30 calendar days from the date of that Payment Transaction Request, with satisfactory documentary proof as described in Clause 2.47.1 and
2.47.3. without prejudice to any of Get’s other rights and remedies (under these Terms, at law, in equity or otherwise), Get retains the sole and absolute discretion to conduct independent investigations into each and every Payment Transaction Request made by you, and reserves the right to make such determination as it may deem fit.
1.109. You may top-up and add credit to your GET Wallet Account through identifiable bank accounts & local charge cards to any terms (those subject to AML/CTF laws), conditions and processes as may be introduced, amended and/or implemented provided that your GET Wallet Account can only hold, in aggregate, a maximum credit amount of S$1000 (or such other amount as Get may determine in its discretion from time to time) at any point in time.
2.48. You acknowledge and agree that your use of the GET Visa Virtual Account Services is subject to the GET Visa Virtual Account Terms. By using the GET Visa Virtual Account Services or any Base Service, you shall be deemed to have accepted and agreed to be bound by the GET Visa Virtual Account Terms, which shall form an integral part of these Terms
2.49. Get shall be entitled to at any time impose fees and charges on you, and to change and/or amend such fees and/or charges payable, for your access to and use of the GET Application or any GET Services (including but not limited to your registration for and top up of GET Wallet Account and/or transfer of Unused Balance), any reactivation or termination of the provision of and/or your access and/or use of the GET Application and/or your GET Wallet Account and/or for refund of any Payment Amount (or part thereof) or of the Unused Balance, in accordance with these Terms. The quantum of such fees and charges shall be as determined by Get. The imposition of such fees and charges, and any changes and amendments, shall be effective upon posting on the GET Website or on such date as may be otherwise stated. Your continued access to and use of the GET Application and/or your GET Wallet Account shall be deemed to be your conclusive acceptance of such fees and charges, and changes and amendments to such fees and charges (if any).
2.50. A GET Service Provider shall be entitled to at any time impose fees and charges on you, and to change and/or amend such fees and/or charges payable, for your access to and use of the relevant GET Service and related GET Content, and/or any reactivation or termination of the provision of and/or your access and/or use of the relevant GET Service and related GET Content. The quantum of such fees and charges shall be as determined by such GET Service Provider. The imposition of such fees and charges, and any changes and amendments, shall be effective upon posting on the GET Website or on the website of such GET Service Provider or on such date as may be otherwise stated. Your continued access to and use of the relevant GET Service and related GET Content shall be deemed to be your conclusive acceptance of such fees and charges, and changes and amendments to such fees and charges (if any).
2.51. Where you do not carry out any transaction through your GET for a continuous period of more than six months, Get may designate your GET Wallet Account as a “Dormant Account”. You will not be able to carry out transactions with a Dormant Account, and will need to contact Get at its customer care hotline at +65 3105 1380 to reactivate a Dormant Account. Get shall be entitled to suspend or terminate your ability to access and use your GET Wallet Account to effect or obtain any and all GET Services where your GET Wallet Account is a Dormant Account.
2.52. You shall be solely responsible and liable for all fees and charges (including goods and services tax and all taxes imposed on or payable in respect of such fees and charges) which may be payable pursuant to these Terms. You acknowledge and agree that any such fees and charges (which relate to transactions carried out through your GET Wallet Account) may be directly debited from your GET Wallet Account.
2.53. You acknowledge and agree that your use of any mobile or data services in relation to your download of the GET Application (and/or any updates thereof) and/or any access to and/or use of the GET Application, any GET Service and/or any GET Content may entail additional charges with the relevant mobile and telecommunication service providers and that you shall be solely responsible for such charges (where applicable).
2.54. Without prejudice to any other obligations which you may have (whether under these Terms, at law, in equity or otherwise), you represent, warrant and undertake that:
2.54.1. any and all information provided by you to Get and/or any other Get Technologies APAC in connection with your access to and use of the GET Application, any GET Service or any GET Content (including in the course of registering for a GET Wallet Account) shall be true, accurate and complete, and you shall promptly notify and update Get and/or the relevant other Get Technologies APAC in the event of any change to such information (in such form and with such valid supporting documentation as may be required by Get and/or the relevant other Get Technologies APAC from time to time);
2.54.2. you are not and will not at any time be located in a country that is subject to embargo, or that has been designated as a “terrorist supporting” country by the Government of Singapore or by any regulatory authority and/or law enforcement body in Singapore;
2.54.3. you are not and will not at any time be listed on any list of prohibited or restricted parties by the Government of Singapore or by any regulatory authority and/or law enforcement body in Singapore;
2.54.4. you shall comply with:
(i) all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body, including tax obligations for each jurisdiction in which you may have tax liability; and
(ii) such policies, measures, guidelines, regulations and procedures (such as security and encryption standards, rules and procedures) as Get may specify from time to time in relation to the GET Application, including the provision of the GET Application by Get to you, and your use of the GET Application, any GET Service and any GET Content;
2.54.5. you have taken, obtained and shall maintain in force all necessary action to authorise and all necessary permits, licences, approvals, consents, waivers and exemptions for your entry into and performance of your obligations under these Terms and to access and use your GET Wallet Account, the GET Application and the relevant GET Services and related GET Content, in each case, in accordance with all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body;
2.54.6. you shall not at any time access or use the GET Application, any GET Service or any GET content for any unlawful or illegal activity or purpose or in any manner which will result in you or Get or any other Get Technologies APAC breaching any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body; and
2.54.7. you shall render to each of Get and the other Get Technologies APACs any assistance and co-operation as Get or such other Get Technologies APAC (as the case may be) may require in connection with any investigation undertaken and/or action taken by Get or such other Get Technologies APAC (as the case may be) (including that referred to in Clause 2.59).
2.55. When using the GET Application, you agree not to do (or facilitate or attempt the doing of), and not to permit, cause or procure that any person to do (or facilitates or attempts the doing of), directly or indirectly, any of the following:
2.55.1. compromising or undermining the security or integrity of the GET Application or any of equipment, systems, networks, sites, servers and infrastructure used for the purposes of and in connection with the function of and providing you with the GET Application;
2.55.2. accessing or using the GET Application via any means or interface without obtaining express authorised permission from the relevant party(ies), including using or launching any automated system;
2.55.3. accessing, using or damaging, or disrupting or impeding the operation of, any of equipment, systems, networks, sites, servers and infrastructure used for the purposes of and in connection with the function of and providing you with the GET Application (other than as expressly permitted in these Terms);
2.55.4. renting, leasing, lending, trading, selling, reselling or otherwise charging any person for the use of the GET Application;
2.55.5. breaching any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body or any rule, regulation or policy applicable to any network, server, computer database, website or news group that you may access;
2.55.6. infringing any intellectual property right, proprietary, privacy or publicity rights of any person, or breach any obligation of confidence or any other proprietary right;
2.55.7. breaking into or accessing any computer hardware, software, system or procedure;
2.55.8. relaying any material through any third-party equipment, systems, networks, sites, servers and/or infrastructure without authorisation;
2.55.9. using or storing any bots on Get or any other Get Technologies APACs’ servers;
2.55.10. carrying out any activities which Get may consider to be actually or potentially injurious to any person (including any Get Technologies APAC);
2.55.11. sending, posting (whether through the GET Application, on any website, mobile site, application, interface or platform that displays the “GET” mark, or otherwise), transmitting, distributing, linking to, soliciting, collecting or otherwise dealing with any content or service that:
(i) contains or constitutes unsolicited material (including unsolicited bulk mail messages, masses of electronic mail and other data) that could be expected to adversely affect any network or facilities;
(ii) does not meet acceptable standards of decorum and good taste;
(iii) contains or constitutes any material that is, or that Get considers, in its sole and absolute discretion, to be, obscene, offensive, defamatory, libellous, unlawfully threatening or harassing or otherwise actionable;
(iv) infringes any right of any person (including any proprietary or intellectual property right) or is in violation of any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body;
(v) contains or constitutes any material that is, or that Get considers, in its sole and absolute discretion, to be, misleading;
(vi) compromises or undermines the security or integrity of GET or any of the equipment, systems, networks, sites, servers and infrastructure used for the purposes of and in connection with the function of and providing you with GET;
(vii) contains any errors, whether technical or otherwise; or
(viii) contains or constitutes any material in any form that would render Get or any other Get Technologies APAC liable to any claim or proceedings whatsoever;
2.55.12. transmitting or distributing any viruses, worms, defects, Trojan horses, cancelbots, sniffer, time bombs or any programming or code of a destructive nature;
2.55.13. violating any person’s rights (including privacy rights), interfering with any person’s use of the GET Application, or causing any nuisance, annoyance or inconvenience to any person;
2.55.14. interfering with the proper working, functionality or availability of the GET Application or any other computer program or database in relation to or required in using the GET Application;
2.55.15. exploiting or abusing the GET Application;
2.55.16. breaching, tampering with, circumventing or modifying any security measures used by or on behalf of Get in connection with the GET Application, including any encryption codes or technological protection measures in or used in connection with the GET Application; or
2.55.17. imposing an unreasonably large load on the servers serving the GET Application.
2.56. Get shall be entitled to send, and you hereby consent to Get, sending and to you receiving, “push notifications” and SMS notifications relating to:
2.56.1. your access to and use of the GET Application and your GET Wallet Account (including details of how and when to update the GET Application); and
2.56.2. the Base Services and/or Additional Services.
2.57. Notwithstanding any other provision of these Terms, Get shall be entitled to, and hereby reserve all rights to, at any time disable any links to or frames of any website or mobile application containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body or any applicable proprietary, privacy, publicity or other rights of any person (including Intellectual Property Rights).
2.58. Get shall be entitled to at any time investigate complaints or reported breaches of these Terms or any matter referred to in these Terms, and to take any action Get may consider appropriate, including reporting any suspected unlawful activity to law enforcement officials or regulators and disclosing any information necessary or appropriate to such persons.
2.59. Get may, in its sole discretion, change, add or remove any feature or functionality of the GET Application at any time, including as a result of the acquisition and expiry of rights to any GET Content. Any such changes, additions and removals shall become part of the GET Application and shall apply immediately. Your continued access to and use of the GET Application shall be deemed to be your conclusive acceptance of such changes, additions and removals.
2.60. Notwithstanding any provision in these Terms which require Get to, or envisage that Get will, give notify or inform you of any matter, Get may nevertheless not notify or inform you of such matter if Get considers in its sole and absolute discretion that notifying or informing you of such matter will or may cause
(i) Get or any other Get Technologies APAC to be in breach of any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body and/or
(ii) any prejudice to any investigation or proposed investigation by any person (whether Get, any other Get Technologies APAC, any regulatory authority or law enforcement body, or otherwise).
2.61. You hereby agree and accept that Get’s records of Payment Transactions and any other matter in relation to these Terms (including any communications transmitted electronically or telecommunications between Get and you) as final and conclusive and binding for all purposes, in the absence of manifest error.
2.62. Without prejudice to any of Get’s other rights and remedies (whether under these Terms, at law, in equity or otherwise), Get is required to act in accordance with any and all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body relating to the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons or entities, and may be subject to sanctions in relation thereto. Get shall have the right to take any action which may be required by any applicable regulatory authority and/or law enforcement body or which it, in its sole and absolute discretion, considers appropriate to take in order to comply with such laws, directions, orders and requirements.
2.63. Without prejudice and in addition to any right of set-off to which Get is otherwise entitled, Get may, at any time, upon written notice to you, set-off any amounts owing by you to Get against any amounts which Get owes to you. Notwithstanding the foregoing, in the event that you breach any provision of these Terms, Get may perform such set-off without notice to you.
2.64. You acknowledge and agree that the GET Application and all GET Services (and your access thereto and use thereof), and all GET Content, are provided on an “as is, as available” basis. Notwithstanding any other provision of these Terms, nothing in the GET Application constitutes or should be regarded as an offer or solicitation on the part of Get to provide any products or services described therein to any person to whom it is unlawful to make such offer or solicitation or where the local law or regulation does not permit the purchase of, subscription for or other use of such products or services.
2.65. All GET Content are provided or made available to you for general information and reference only. In addition, GET Content relating to third parties and/or products and/or services provided by third parties or provided on behalf of third parties (including Third Party Content) are re-transmitted by Get to you in the ordinary course of business. Such products and/or services, and any act or omission of such third parties, shall be the sole responsibility of the relevant third party, and you must (and may only) pursue any claim, dispute or remedy in respect thereof with such third party.
2.66. GET Content may contain or comprise geographic, political, economic, statistical, financial and exchange rate data presented in approximate or summary or simplified form which may change over time, and may be based on material and/or information obtained from third parties which may not be accurate. You should not use any GET Content as a basis for making any decision, including whether to register for GET Wallet Account or to access or use a GET Service. GET Content should not be relied upon without consulting primary or more accurate or more up-to-date sources of information or specific professional advice. You should obtain such professional advice where appropriate.
2.67. Your access to and use of the GET Application, any GET Service and any GET Content shall be solely at your own risk. You are solely responsible for evaluating the accuracy, completeness and usefulness of all opinions, advice and other information received with respect to the Payment Services in determining whether to access and/or use the GET Application, any GET Service and any GET Content.
2.68. In particular, without limitation, if you choose to access and/or use any Third Party Sites and/or Third Party Content, you acknowledge and agree that your access and/or use shall be subject to, and you shall review, accept and comply with, such terms and conditions (including any end user licence agreements) as may be applicable to such Third Party Sites and/or Third Party Content. You shall be solely responsible for any provision or submission of information by or on behalf of you on or through any Third Party Site.
2.69. None of the Indemnified Parties makes, and each of the Indemnified Parties hereby expressly excludes, any representation, warranty, guarantee, endorsement or undertaking of any kind, whether express or implied, statutory, arising from usage or custom or trade or by operation of law, or otherwise:
2.69.1. in relation to these Terms, the GET Application, any GET Service or any GET Content, including:
(i) the provision of the GET Application, any GET Service and any GET Content to you;
(ii) the performance by Get of its obligations under these Terms;
(iii) any failure or delay in, interruption to or disruption of the provision of the GET Application, any GET Service or any GET Content to you, or in the transmission or receipt of any data in connection with the provision of the GET Application, any GET Service or any GET Content to you, howsoever caused or arising;
(iv) your access to and use of the GET Application, any GET Service and any GET Content (whether fraudulent, authorised, unauthorised or erroneous and whether or not you are aware of such access and/or use), and any suspension, termination or discontinuance thereof; and
(v) any transaction or activity carried out pursuant to any GET Service.
2.69.2. as to the accuracy, privacy, reliability, security, timeliness, non-infringement, title, merchantability, fitness for purpose, accessibility, functionality, availability or ability of the GET Application, any GET Service or any GET Content;
2.69.3. as to the inter-operability of the GET Application, any GET Service or any GET Content with any other system, infrastructure, interface, product, service, network or otherwise to any extent;
2.69.4. as to whether the GET Application, any GET Service or any GET Content will meet your needs or requirements in any way or be uninterrupted, timely, secure, or free from computer viruses, Trojan horses, worms, malicious, destructive or corrupting codes or programmes, malicious activities of third parties, software bombs or similar items, defects, delays, errors, spyware, malware, adware, imperfections, faults, mistakes, misrepresentations, omissions, defects or inaccuracies;
2.69.5. as to whether the service conditions on which your access to and/or use of the GET Application, any GET Service or any GET Content depend (as further described in Clause 2.71), will be met; and
2.69.6. as to whether or not your access to and/or use of the GET Application, any GET Service or any GET Content will
(i) breach any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body,
(ii) contain any obscene, offensive, defamatory material, or
(iii) breach or infringe any rights, including Intellectual Property Rights and other proprietary, privacy and publicity rights, of any person and any obligations of confidence,
and save to the extent prohibited by applicable law, the Indemnified Parties do not accept and shall not bear any liability or responsibility arising directly or indirectly from or in connection with any or all of the foregoing matters, and you hereby waive claim you may now or in the future have against any Indemnified Party for the same. You shall fully and effectively indemnify, defend and hold harmless each Indemnified Party from and against, any and all Losses arising directly or indirectly from or in connection with any or all of the foregoing matters.
2.70. You acknowledge and agree that your access to and use of the GET Application, any GET Service and any GET Content is subject to the following service conditions being met:
2.70.1. the availability to you of a suitable mobile handset or device that is compatible for use with the GET Application and the relevant GET Service and GET Content;
2.70.2. the availability and connectivity of a suitable network infrastructure at the time when the GET Application or the relevant GET Service or GET Content is accessed and/or used by you;
2.70.3. the geographic and technical capability of the mobile networks and delivery systems at the time and location when and where the GET Application or the relevant GET Service or GET Content is accessed and/or used by you.
2.71. You acknowledge and agree that Get has entered and may enter into agreements and arrangements with, and is and may be subject to certain obligations to, owners and operators of Appstores (“Appstore Providers”) in connection with the distribution of the GET Application as a mobile application. Get accepts no, and shall not bear any, liability or responsibility for any Loss arising from or in connection with any act or omission of any Appstore Provider, or otherwise from the relationship between Get and such Appstore Providers.
2.72. Save to the extent prohibited by applicable law, in no event shall any Indemnified Party be liable or responsible in any way whatsoever for, and you waive any claim you may now or in the future have against any Indemnified Party and hereby agree to fully and effectively indemnify, defend and hold harmless each Indemnified Party from and against, any and all Loss arising from or in connection with or by reason of:
2.72.1. these Terms, the GET Application, any GET Service or any GET Content, any breach of these Terms (whether on your part, by any person acting on your behalf or over whom you have supervision or control, or otherwise) and any exercise by Get or any Get Technologies APAC of their respective rights under these Terms;
2.72.2. any unauthorised, mistaken, unlawful or wrongful payments made through your GET Wallet Account or pursuant to any GET Service for any reason whatsoever;
2.72.3. any unauthorised, mistaken, unlawful or wrongful payments made through your GET Wallet Account or pursuant to any GET Service for any reason whatsoever;
2.72.4. the performance by or on behalf of Get of its obligations under these Terms, including the fulfillment of or failure to fulfil any Payment Transaction Request or the performance of or failure to perform any Payment Transaction (whether fraudulent, authorised, unauthorised or erroneous and whether or not you are aware of such fulfilment, performance or failure);
2.72.5. any product or service obtained from any Payment Merchant pursuant to any Payment Transaction (or any description of such product or service);
2.72.6. any breach of any Additional Terms (whether on your part, by any person acting on your behalf or over whom you have supervision or control, or otherwise);
2.72.7. any failure, refusal, delay, error or other act or omission by or on behalf of any GET Service Provider or content provider;
2.72.8. the use or disclosure, in any manner and for any purpose, by any Indemnified Party of any information obtained and/or provided by you in connection with your use of the GET Application, any GET Service or any GET Content, including where such information is (to your knowledge or otherwise) inaccurate, inadequate, incomplete, ambiguous, inconsistent or otherwise;
2.72.9. any error, omission, inadequacy, incompleteness, ambiguity, inconsistency or inaccuracy in or of any information obtained and/or provided by you in connection with your use of the GET Application, any GET Service or any GET Content (including in any Payment Transaction Request);
2.72.10. any inaccurate and incomplete content in the Push Notification, non-delivery or timely delivery of any Push Notification, or any reliance by you or any other party on the content of the Push Notification, and/or your disablement or refusal to accept any Push Notification, including any Loss or fraud arising as a result thereof; and
2.72.11. any Force Majeure Event.
2.73. This Clause shall survive any expiry, termination or other cessation of your relationship with Get and/or your access to and/or use of the GET Application, any GET Service or any GET Content. Get reserves the right to assume the defence and control of any matter subject to indemnification by you, in which event you will cooperate with Get in asserting any available defences.
2.74. You agree that caching, hyperlinking to, and framing of the GET Application or any GET Content are strictly prohibited, and that you shall not, and shall not assist, procure or cause any person to do or omit to do any thing which may constitute any of such activities.
2.75. All Intellectual Property Rights in or relating to the GET Application, any GET Service and any GET Content, including information, communications, software, texts, graphics, links and sounds, belong to Get, the relevant GET Service Provider and/or their respective related corporations, content providers and/or their third party licensors. Nothing in these Terms nor the grant to you of a licence to access and use GET shall be construed as granting you, by implication, estoppel or otherwise, and you shall not in any event be entitled to, any licence or right to use any such Intellectual Property Rights without the prior written consent of the relevant holder of such Intellectual Property Rights. Any right not expressly granted herein is reserved.
2.76. You shall not, and shall not assist, cause, permit or authorise any person to tamper, reproduce, modify, store, copy, use, transfer, distribute, republish, download, post, transmit, translate, pledge, sublicense, rent, lease, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operates or supports, or create any derivative works based on, any GET Content (or part thereof) (including its user interfaces), in any form or by any means, without the prior written permission of the relevant copyright holder for any purpose whatsoever. For the purposes of these Terms, “reverse engineer” includes the examination or analyses of GET Content to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of such GET Content. The source and object code of the GET Application constitute a trade secret of Get and must not be accessed, examined or shared without Get’s prior written consent.
2.77. You acknowledge and agree that the GET Application, the GET Services, and all GET Content may not be used, and you shall not and shall not assist, cause, permit or authorise any person to use GET, any GET Service or any GET Content (or part thereof), for commercial purposes (including commercial distribution).
2.78. You hereby grant to Get a worldwide royalty-free perpetual licence of the copyright and intellectual property rights in all information and material which you provide to Get in accessing and using the GET Application, any GET Service and/or any GET Content, for any purpose Get deems fit (including the copying, transaction, distribution and publication thereof).
2.79. Get and each other Get Technologies APAC shall be entitled to request for, retrieve and collect, and you hereby affirmatively agree, consent to and authorise the collection, retrieval, use and disclosure by and on behalf of Get and each other Get Technologies APAC, or any GET Preferred Partners, any and all Customer Information, in the manner and for the purposes set out in the GET Data Protection Policy and for the following purposes:
2.79.1. considering whether to approve and/or processing your request for registration for a GET Wallet Account and/or to provide you with any GET Service;
2.79.2. administering and/or managing your GET Wallet Account and/or your relationship with Get and any other Get Technologies APAC;
2.79.3. offering, providing and making available to you and carrying out their respective GET Services;
2.79.4. performing their respective obligations under these Terms and any Additional Terms;
2.79.5. carrying out identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, CFT and AML purposes);
2.79.6. dealing in any matters relating to the GET Services and/or GET Content which you access and use (including the mailing of correspondence, statements, invoices, reports or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages);
2.79.7. investigating fraud, misconduct, any unlawful action or omission, whether relating to your application, your claims or any other matter relating to your GET Wallet Account and/or your relationship with Get and any other Get Technologies APAC, and whether or not there is any suspicious of the aforementioned;
2.79.8. for meeting legal, regulatory and other compliance requirements (including disclosure to all government agencies and authorities, regulators (such as, without limitation, the Monetary Authority of Singapore), exchanges, clearing houses, markets or depositories); and
2.79.9. providing you with information, offering rewards and promotions, determining your eligibility for rewards and promotions, conducting market research and other survey, maintaining safety and security, and other purposes as further described in the GET Data Protection Policy,
(collectively, the “Purposes”).
2.80. You hereby affirmatively agree, consent to and authorise the disclosure and/or transfer out of Singapore (if applicable), by and on behalf of Get or any other Get Technologies APAC, of your personal data, to its third party service providers or agents (including its lawyers), where such third party service providers or agents engaged by Get or any other Get Technologies APAC Get would be processing your personal data for Get or any other Get Technologies APAC for any of the Purposes.
2.81. You hereby represent, warrant and undertake to Get and each other Get Technologies APAC that where you or your representative is responsible for the provision of any information or data relating to any natural person to the Get and/or any other Get Technologies APAC or any GET Preferred Partner, or actually provides any such information or data to Get and/or any other Get Technologies APAC or any GET Preferred Partner, you have informed each such person and each such person has given consent to the Get’s collection, use and disclosure of their personal data as described under these Terms and the GET Data Protection Policy.
2.82. You agree that Get and each other Get Technologies APAC and any GET Preferred Partner may retain all Customer Information for the Purposes and in compliance with the applicable law.
2.83. If you wish to withdraw your consent given under Clauses 2.80 to 2.89, you are required to submit a request to Get (in such form as may be specified by Get from time to time), whereupon Get shall be entitled to take such action, or procure to be taken any such action, as Get may consider appropriate arising from or in connection with such withdrawal of consent (including suspending or terminating the provision of GET (in whole or in part) to you).
2.84. You hereby consent to Get and each GET Service Provider sending SMS notifications to you or contacting you in any other manner at any time and from time to time in relation to the GET Application (including in respect of your GET Wallet Account) or the relevant GET Service, respectively. If you contact Get or any GET Service Provider via email, Get or such GET Service Provider may keep a record of that correspondence.
2. 85. You consent to Get’s use of the data files which are placed on your device when you access and/or use the GET Application and/or any GET Service (“Cookies”) and Get’s use of Cookies, as follows:
2.85.1. to collect information about how you access and use the GET Application and GET Services;
2.85.2. to identify your device for the following purposes:
(i) for the operation of the GET Application and the provision of the GET Services;
(ii) to temporarily allow you to carry information between pages or interfaces of the GET Application to avoid having to re-enter such information; and
(iii) to temporarily identify your device after you have logged in to a secure page on the GET Application in order for you to carry out certain transactions;
2.85.3. to enable Get to improve the GET Application by tracking your access to and use of the GET Application and GET Services, so as to gather statistics on new and repeat visitors to evaluate effectiveness;
2.85.4. to enable Get to personalise GET Content for you and make the GET Application more relevant to your interests;
2.85.5. to store and remember your login and preferences in accessing and using the GET Application and GET Services (for example, your choice of language and region) to avoid you having to re- enter such information when you return to the GET Application;
2.85.6. to maintain access controls for you to view privileged pages without seeking further permission from you (provided that no additional personal data is collected);
2.85.7. to conduct, operate, facilitate or determine your eligibility to participate in any rewards or promotions relating to the use of GET; and
2.85.8. to provide online advertisements or offers on the GET Application which are most likely to interest you, limit the number of times you see an advertisement or offer, and to evaluate the effectiveness of Get’s online marketing and advertising programs.
2.86. While you can choose not to accept Cookies by changing the settings on your device, you acknowledge and agree that if you ‘block’ or choose not to accept any Cookies, certain GET Services and features on the GET Application may not work as they otherwise would if you had not ‘blocked’ such Cookies.
2.87. You may from time to time give your agreement, consent or authority to all collection, use and disclosure by Get, any other Get Technologies APAC or any GET Preferred Partner of any Customer Information, for any purpose(s) requested by Get, such other Get Technologies APAC or any GET Preferred Partner, by any form of writing or by the acceptance by you of any relevant terms and conditions (including in these Terms and the GET Data Protection Policy) which refer to such consent or authority.
2.88. The provisions of Clauses 2.80 to 2.89 shall also constitute your consent for the purpose of the provisions of the Spam Control Act (Cap. 311A) and other applicable law, unless otherwise notified in writing by you in the procedure as determined by Get or any other Get Technologies APAC from time to time, including as may be described in the GET Data Protection Policy.
2.89. Get shall not be liable to you or be deemed to be in breach of any provision of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations (including the offering, provision and making available of any Base Service to you, or allowing you to access and use your GET Wallet Account to effect or obtain any GET Service) if the delay or failure was due to any Force Majeure Event.
2.90. Get may at any time suspend (for such period as Get may in its sole and absolute discretion consider appropriate) or terminate these Terms and/or the availability to you of and/or your access to and/or use of the GET Application (in whole or in part), your GET Wallet Account and/or any of the GET Services (as the case may be), in each case, without notice to you and without giving any reason. Get may (but shall not be obliged to) post a notice of such suspension or termination on the GET Website or make such notice available in any other manner deemed appropriate by Get.
2.91. A GET Service Provider may at any time suspend (for such period as such GET Service Provider may in its sole and absolute discretion consider appropriate) or terminate the availability to you of and/or your access to and/or use of the relevant GET Service (or any part thereof), in each case, without notice to you and without giving any reason.
2.92. Without prejudice to the foregoing, Get and each GET Service Provider may at any time suspend (for such period as such Get or such GET Service Provider (as the case may be) may in its sole and absolute discretion consider appropriate) or terminate the availability to you of and/or your access to and/or use of the GET Application (in whole or in part), your GET Wallet Account and/or the relevant GET Service (or any part thereof) (as the case may be), including freezing any Unused Balance in your GET Wallet Account, without notice to you, if:
2.92.1. Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have provided it with any false identification or otherwise misleading information;
2.92.2. you have, or Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have, committed a breach of any of the provisions of these Terms;
2.92.3. Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have misused or are likely to misuse the GET Application or any GET Service (including for any unauthorised use or any criminal or illegal purpose);
2.92.4. Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you are using the GET Application, your GET Wallet Account or any or all of the GET Services, or the relevant GET Service, respectively, on behalf of another party;
2.92.5. Get or such GET Service Provider (as the case may be) is required to do so in order to comply with any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body;
2.92.6. there is a material security threat to the GET Application, your GET Wallet Account or any of the GET Services (as the case may be) (including risk of money laundering or terrorist financing, hacking or through the introduction of viruses or other malicious code);
2.92.7. you become bankrupt or generally fail or are unable to pay any of your debts as they fall due;
2.92.8. Get or such GET Service Provider (as the case may be) is, in its sole and absolute discretion, of the opinion that you have perpetrated a fraud on Get or any Get Technologies APAC, or such GET Service Provider or any of its related corporations, respectively, or have conducted yourself in a manner which may result in perpetrating or attempting to perpetrate such a fraud;
2.92.9. you die, or become mentally incapacitated or suffer some other form of legal disability;
2.92.10. any information provided by you to Get or such GET Service Provider (as the case may be) in connection with these Terms or the relevant GET Service, respectively, is found to be false, misleading or incorrect;
2.92.11. you have, or Get or such GET Service Provider (as the case may be) has, in its sole and absolute discretion, reason to believe that you have, caused or attempted to cause failure, interruption, disruption or congestion in any network or system in connection with the GET Application or any or all of the GET Services, or the relevant GET Service, respectively; and/or
2.92.12. any representation or warranty made by you to Get or such GET Service Provider (as the case may be) in connection with these Terms is incorrect or misleading.
2.93. If you wish to suspend or terminate your access to and use of the GET Application and/or your GET Wallet Account, you are required to submit a request to Get (in such manner and form and accompanied by such information and supporting documentation as may be required by Get from time to time) to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such Terms as may be applicable to such suspension or termination.
2.94. If you wish to suspend or terminate your access to and use of any GET Service, you are required to submit a request to Get and the relevant GET Service Provider in such manner and form and accompanied by such information and supporting documentation as may be required by Get and/or the relevant GET Service Provider from time to time) to request for and effect such suspension or termination. You acknowledge and agree that you will be subject to such terms and conditions as Get and/or the relevant GET Service Provider may consider applicable to such suspension or termination.
2.95. You shall not be entitled to any payment, compensation or damages from Get or any other Get Technologies APAC in relation to any suspension or termination of your access to and use of the GET Application, your GET Wallet Account or any GET Service for any reason whatsoever.
2.96. Any suspension or termination of your access to and use of the GET Application, your GET Wallet Account or any GET Service for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
2.97. The rights of suspension and termination of Get and the GET Service Providers under these Terms shall be without prejudice to any other rights or remedies which Get and each GET Service Provider (as the case may be) may have (whether under these Terms, at law, in equity or otherwise).
2.98. Upon any suspension or termination of these Terms, and/or the availability to you of and/or your access to and/or use of all (and not some) of the GET Services, your GET Wallet Account and/or the GET Application (as a whole):
2.98.1. you shall not have any right, benefit or interest in connection with these Terms, the GET Application, your GET Wallet Account or any GET Service, and without prejudice to the foregoing:
(i) the licence granted by Get to you to access and use the GET Application shall cease and accordingly, you shall immediately cease all access to and use of the GET Application and all GET Services, and shall not, and shall not assist, cause or permit any person to, access or use the GET Application, your GET Wallet Account or any GET Service in any way (such licence, and your access to and use of the GET Application, your GET Wallet Account and the GET Services, shall only resume, in the case of a suspension, when such suspension ceases); and
(ii) any transaction which you have requested be carried out through the GET Application or pursuant to any GET Service that has not been completed shall be terminated (and in the case of a suspension, any such transaction may or may not resume when such suspension ceases);
2.98.2. none of Get and the other Get Technologies APACs shall have any obligation to you in connection with these Terms, the GET Application, your GET Wallet Account or any GET Service;
2.98.3. any and all sums due or accruing due or payable to Get or any other Get Technologies APAC in connection with these Terms and/or your access to and use of the GET Application, your GET Wallet Account and any GET Service, up to and including the date of suspension or termination (as the case may be) shall become immediately due and payable to Get or such other Get Technologies APAC; and
2.98.4. For the avoidance of doubt, upon termination of the availability to you of and/or your access to and/or use of all (and not some) of the GET Services, your GET Wallet Account and/or the GET Application (as a whole), you may register for a new GET Wallet Account in accordance with these Terms, if desired. However, without prejudice to any of Get’s other rights and remedies (under these Terms, at law, in equity or otherwise), Get retains the sole and absolute discretion to approve or reject any such request to register a new GET Wallet Account in whole or in part, or to impose any conditions whatsoever to your registration of a new GET Wallet Account.
2.99. Upon any suspension or termination of the availability to you of and/or your access to and/or use of any (but not all) of the GET Services (but not GET as a whole):
2.99.1. you shall not have any right, benefit or interest in connection with the relevant GET Service that has been suspended or terminated, and without prejudice to the foregoing:
(i) you shall immediately cease all access to and use of such suspended or terminated GET Service, and shall not, and shall not assist, cause or permit any person to, access or use such suspended or terminated GET Service in any way (such access to and use of such GET Service shall only resume, in the case of a suspension, when such suspension ceases); and
(ii) any transaction which you have requested be carried out through such suspended or terminated GET Service that has not been completed shall be terminated (and in the case of a suspension, any such transaction may or may not resume when such suspension ceases);
2.99.2. none of Get and the other Get Technologies APACs shall have any obligation to you in connection with such suspended or terminated GET Service; and
2.99.3. any and all sums due or accruing due or payable to Get or any other Get Technologies APAC in connection with your access to and use of such suspended or terminated GET Service, up to and including the date of suspension or termination (as the case may be) shall become immediately due and payable to Get or such other Get Technologies APAC.
2.100. As required by law, Get will take appropriate actions to safeguard customers’ relevant money (as defined in the Payment Services Act 2019), including the moneys in your GET Wallet Account. Such moneys received by Get from or on account of Get customers
(i) will be deposited into and held by Get on behalf of Get customers in a trust account opened with a bank on Singapore (“Banking Parter”);
(ii) will not be used for the payment of any Get debts; and
(iii) will not liable to be taken in execution under an order or a process of any court. However, do note that despite such safeguarding measures, there remains a residual risk that you may not be able to recover your moneys in full in the unlikely event of insolvency of the Banking Parter.
2.101. Notwithstanding the above, you acknowledge that the Banking Parter will only owe you such obligations and you shall only have such rights against such Banking Parter. as are contemplated by the Payment Services Act 2019 in respect the relevant moneys held in such bank account. Save as provided above and to the extent permitted by applicable law, you acknowledge that you shall have no other relationship, rights and/or claims against such Banking Parter.
2.102. Get shall have the right in its sole and absolute discretion to amend, modify or vary these Terms (including any amendments made to the GET Data Protection Policy) by giving no less than 7 calendar days’ notice thereof to you, by posting on the GET Application and/or GET Website or in any other manner deemed appropriate by Get (which shall constitute good and sufficient notice thereof to you by Get and shall be deemed to have been received by you on the date of such posting or the making public of such notice, as applicable). If you continue to access and use the GET Application and/or any GET Service after such amendment, modification or variation, you shall be deemed to have agreed to be bound by such amended, modified or varied information, material and Terms.
2.103. No failure to exercise or enforce, and no delay on the part of Get or any Get Technologies APAC in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of Get or Get Technologies APAC at any time.
2.104. You agree that Get and/or any Get Technologies APAC shall not be under any obligation of confidentiality to you regarding any such information or material provided by you accessing and using the GET Application and/or any GET Service, unless agreed otherwise in a separate direct contract between you and Get and/or the relevant Get Technologies APAC, or otherwise required under applicable law.
2.105. You shall not assign, transfer or encumber any or all of your rights, interests and obligations under these Terms without the prior written consent of Get.
2.106. Get may assign and transfer any or all of its rights, interests and obligations under these Terms to any person. Any such assignment or transfer shall take effect upon posting on the GET Website or on such date as may be otherwise stated. In the event that Get assigns and transfers all its rights, interests and obligations under these Terms:
2.106.1. all references to Get in these Terms shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of Get; and
2.106.2. such assignee and transferee shall be entitled to enforce all rights and perform all obligations of Get and to be paid all sums due from you under these Terms as at the date of such assignment and transfer thereafter.
2.107. Notwithstanding anything herein contained, Get shall be entitled to sub-contract and delegate any or all of its obligations under these Terms or any other matters contemplated in these Terms, to any third party (including any other Get Technologies APAC) as Get deems fit, whether for such third party to carry out or procure the carrying out of such obligations or matters. In such event, Get shall not be liable to you for, and hereby disclaims all liability and responsibility in relation to, any act, omission, neglect or wilful default on the part of such third party.
2.108. All notices and communications by Get and/or any Get Technologies APAC to you may be sent or despatched to you by delivery, post, e-mail, SMS, eDM or facsimile transmission or any other means deemed appropriate by Get, to your e-mail or other address or mobile or facsimile number appearing in any of your records maintained by Get or from which any communication by you to Get was despatched or issued or otherwise last known to Get. Any such notice, demand or communication addressed and so despatched to you shall be deemed to have been received by you:
2.108.1. in the case of despatch by e-mail, SMS or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by Get and/or the relevant Get Technologies APAC;
2.108.2. in the case of despatch by delivery to your address, on the date and at the time it was so delivered or left at that address; and
2.108.3. in the case of despatch by post:
(i) to any address in Singapore, on the next day after it was posted by Get and/or the relevant Get Technologies APAC; or
(ii) to any address outside Singapore, on the seventh (7th) day after it was posted by Get and/or the relevant Get Technologies APAC.
2.109. All notices and requests from you to Get shall be in writing unless otherwise specified by Get to you. Get shall be entitled to regard as ineffective and invalid any notice or request by you the receipt of which has not been confirmed by Get to you.
2.110. Any part of any provision of these Terms that is invalid, unenforceable or illegal shall be enforced as nearly as possible, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of these Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
2.111. Save for the Get Technologies APACs, no person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any provision of these Terms.
2.112. These Terms shall be subject to and construed in accordance with the laws of Singapore and you hereby submit to the non-exclusive jurisdiction of the courts of Singapore.
1. Definitions and Interpretation
1.1. In these Terms, the following words and expressions shall have the following meanings:
1.1.1. “AML” means anti-money laundering.
1.1.2. “Bus(es)” refers to bus(es) operated by Go-Ahead Loyang Pte Ltd, SBS Transit Ltd, SMRT Buses Ltd, Tower Transit Singapore Pte Ltd and any other entities contracted by the Land Transport Authority.
1.1.3. “Card” means the GET Virtual/Physical Prepaid Visa Card issued to you by NIUM Pte. Ltd. pursuant to a card scheme and programme administered by Get upon these Terms.
1.1.4. “Card Issuer” refers to NIUM Pte. Ltd., the issuer of the Cards who is a member of the VISA scheme permitted to issue VISA prepaid cards under a card scheme and programme, including the card scheme and programme administered by Get.
1.1.5. “Card Transaction” means any payment made or any amount charged for any goods, services and/or other benefits by, through or from the use of the Card or the Card number appearing on the Card itself or in any other manner, including but not limited to Contactless Payments, online, offline or mail, telephone or facsimile orders or reservations (as may be determined and communicated by Get), regardless of whether a sales draft or other voucher or form is signed by you and whether authorisation has been sought from or given by Get and whether with or without your knowledge or authority.
1.1.6. “Card Limit” means the maximum permissible limit prescribed by Get or the Card Issuer in connection with the use of the Card, and whether with reference to time periods, total Card Transaction values, types of transaction, types of accounts or with reference to any other factors that Get may deem fit or a combination of one or more of the aforesaid factors.
1.1.7. “CFT” means countering the financing of terrorism.
1.1.8. “Contactless Payment” means the facility that allows you to execute Card Transactions either by tapping or waving your Card against a Contactless Payment Reader without requiring any signature, PIN or other authentication on your part.
1.1.9. “Contactless Payment Reader” means a point-of-sale device or system (as approved by the Card Issuer/Visa in its sole and absolute discretion from time to time) at which the Card may be used to execute Card Transactions, either by tapping or waving the Card against such reader.
1.1.10. “Customer Information” means all information which you provide or which is obtained as a result of or in connection with these Terms and/or your use of the Card, including information which relates to a Card Transaction, information which identifies or which relates to an individual, whether true or not, and information collected, used and/or disclosed as described in the GET Data Protection Policy.
1.1.11. “GET Data Protection Policy” means the current version of the data protection policy available at www.useget.com or such other Internet website as may be maintained in respect of such policy.
1.1.12. “GET Wallet Account” means the wallet accounts offered by Get, including GET Wallet Account (for Base Services) and GET Wallet Account (for Additional Services):
(i) through which the holder of such account may, inter alia, effect and obtain GET Services, subject to these Terms; and
(ii) for the purposes of containing e-moneys, which e-moneys is capable of being used by you to carry out such transactions as Get may from time to time specify (including those which may be made pursuant to the GET Services).
1.1.13. “Enabled Device” means a compatible mobile communications or other device associated with the Card issued to you for use in connection with or to effect any Card Transactions.
1.1.14. “Force Majeure Event” means any event or circumstance the occurrence and the effect of which Get is unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on the part of Get.
1.1.15. “Indemnified Parties” means Get, the other Get Technologies APACs and each of their respective directors, officers, employees, suppliers, vendors, licensors, agents and representatives.
1.1.16. “Losses” means all losses, liabilities, costs, damages (including damages arising from cyber attacks), claims, expenses (including legal fees, costs and expenses on a full indemnity basis), compensation, demands, actions and proceedings, howsoever arising, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whether direct, indirect or consequential.
1.1.17. “Get Technologies APAC” means any related corporation (as defined in the Companies Act (Cap. 50)) of Singapore Telecommunications Limited (Company Registration Number 199201624D).
1.1.18. “SimplyGo Terms” means the terms and conditions relating to Transit Payment Transactions under the SimplyGo system introduced by the Land Transport Authority (LTA) and Transit Link Pte Ltd (TransitLink), including any amendments thereto that LTA and/or TransitLink may make from time to time in their discretion. Please refer to https://simplygo.transitlink.com.sg/TermsAnd-Conditions for the terms and conditions.
1.1.19. “Security Procedures” means any security procedure specified by Get from time to time for use by you in connection with the use of the Card, and/or payment or other transactions made therewith as applicable to the Card.
1.1.20. “SMS” means Short Message Service.
1.1.21. “Terms” means these Terms and Conditions, as may be amended from time to time.
1.1.22. “Train(s)” refers to mass rapid transit (“MRT”) and light rait transit (“LRT”).
1.1.23. “Transit Payment Transactions” means Card Transactions, contactless payments made or any amounts charged for public transport, transit and related services on Buses and Trains through or by use of the Card or the unique Transit Card Number assigned to the Card.
1.2. The headings or titles to the Clauses in these Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these Terms.
1.3. Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neuter gender and vice-versa.
1.4. Any reference in these Terms to any Clause shall be construed as a reference to the clauses of these Terms unless otherwise expressly stated.
1.5. The words “include” or “including” in these Terms shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import.
1.6. Any reference in these Terms to any person shall be construed as a reference also to such person’s successors and assigns.
2. Get
2.1. To contact Get in connection with any matter relating to the Card, you may call Get’s customer hotline at +65 3105 1380. Get may record any telephone conversation with you without notice to you. You hereby agree to such recordings and that such recordings shall be admissible in evidence in any proceedings and shall be binding on you.
2.2. Any determination, decision or opinion that Get may make or have under or as envisaged in any provision in these Terms may be made or held in the sole and absolute discretion of Get (whether or not it is expressly stated as such in the relevant provision). Get shall not be required to provide any reason or explanation for any of its determinations, decisions and opinions. Without prejudice to the foregoing, if Get nevertheless provides any reason or explanation for any of its determinations, decisions or opinions, such reason or explanation shall not be binding on Get, and does not constitute any representation, warranty or undertaking by Get (as to future action or otherwise).
3. Use of Card
3.1. The Card is a virtual prepaid Visa card that can be used on Enabled Devices approved by the Card Issuer/Visa to purchase goods or services at participating merchants approved by Get from time to time. The Card may not be used to obtain cash from automated teller machines (ATM) or for any other type of purchase or cash advance.
3.2. Get is entitled, at any time in its absolute discretion and without giving prior notice or reason, to determine and vary the types of Card Transactions that may be carried out using the Card, and the participating merchants where Card Transactions may be carried out.
3.3. Your Card may be used to carry out Contactless Transactions at Contactless Transaction Readers that accept Visa Cards and at such other readers or systems as the Card Issuer/Visa may from time to time approve. Any usage of a Card at any Contactless Transaction Reader, if permitted by Get and the Card Issuer/Visa, shall be subject to such terms and condition as Get and the Card Issuer/Visa may prescribe from time to time.
3.4. Get shall be authorised to debit your GET Wallet Account with the amount of all Card Transactions and any fees and charges payable by you under these Terms. You must ensure that you have sufficient balance in your GET Wallet Account for the Card Transaction before use.
3.5. You must keep a secure record of your Card number and the date on which your Card expires. You are responsible for keeping your Card safe and within your possession. You must not allow any other person to use your Card, give your Card number and details to any unauthorised person.
3.6. You are responsible for all transactions initiated and fees incurred by use of your Card. Without prejudice to the foregoing, if you permit another person to have access to your Card or Card number, we will treat this as if you have authorised such use and you will be liable for all transactions and fees incurred by those persons. You are wholly responsible for the use of the Card according to these Terms.
3.7. You shall not use any Card (whether to effect payment or otherwise) in relation to any transaction or activity which is illegal or prohibited under the law of the country in which such transaction or activity is effected or the law of your country of residence. You must safeguard your Enabled Device and maintain the integrity and security of any Security Procedures associated with your Card.
3.8. You shall be liable for all Card Transactions whether or not executed with your knowledge or authority, regardless of how such transactions were effected and notwithstanding that the available GET Wallet Account or Card Limit (as the case may be) applicable to the Card shall have been exceeded, including without limitation where arising in connection with any negligence on your part (which shall be deemed to include without limitation where you fail to adopt any Security Procedures. In this regard you acknowledge the ease of which unauthorised Card Transactions may be carried out and accept the risk of unauthorised Card Transactions.
3.9. Get shall be entitled to treat any person in physical possession and control of any Card and/or any Enabled Device as the rightful holder or user thereof, and are entitled to rely upon any signature, digital certificate or token or use of the Card as conclusive evidence of the fact that the Card Transaction relating thereto was authorised and properly made or effected by you. Get shall not in any way be liable for any loss, costs, damages suffered by any person including the rightful holder of the Card with respect to any transaction effected through the Card and/or any Enabled Device.
3.10. It is your responsibility to keep track of your spending on the Card. If you attempt to use the Card when there is an insufficient funds in your GET Wallet Account available to cover the full amount of a proposed Card Transaction, the Card Transaction in most instances will be declined. However, if due to a system malfunction or for any reason whatsoever, a Card Transaction occurs despite insufficient balance in your GET Wallet Account, creating a negative balance in your GET Wallet Account, you agree to reimburse us, upon request, for the amount of the Card Transaction in excess of the balance in your GET Wallet Account.
3.11. Get may set aside or place a hold on your GET Wallet Account in respect of any Card Transaction on the day such Card Transaction is presented to Get for payment or on the day we receive notice of such Card Transaction. Such an amount set aside or held is only an estimated sum of the actual Card Transaction and may not be identical to the actual Card Transaction. Should Get set aside or hold any amount, the balance in your GET Wallet Account shall be notionally reduced by such amount that Get set aside. You may not stop payment on such Card Transaction nor use any sum set aside or held by Get from your GET Wallet Account. Where applicable, Get may set aside or hold such sums from your GET Wallet Account for such period(s) as Get deems fit after which Get shall debit your GET Wallet Account for the full amount of the actual Card Transaction.
3.12. Get shall be entitled to at any time impose fees and charges on you, and to change and/or amend such fees and/or charges payable, for
(i) your use of the Card,
(ii) any reactivation or termination of the Card,
(iii) the processing of any dispute regarding the validity of any Card Transaction or any refund or chargeback request,
(iv) any cancellation fee for “no show reservations” or charges for cancelling or failing to fulfil any pre-order or reservation for goods and/or services;
(v) any service charge/administration fee for any action taken by Get in carrying out any of your instructions and/or requests relating to your Card and/or GET Wallet Account, whether such service or action is referred to or contemplated in these Terms or otherwise; and/or
(vi) the production or retrieval of any document of and relating to any Card Transaction.
The quantum of such fees and charges shall be as determined by Get from time to time. Your continued use of the Card shall be deemed to be your conclusive acceptance of such fees and charges, and changes and amendments to such fees and charges (if any).
3.13. Card Transactions in a foreign currency (whether made overseas or online) shall be converted into Singapore dollars at such rate as may be determined by Get or VISA, as the case may be. Get shall be entitled to charge an administrative fee for foreign currency and overseas transactions, including Card Transactions with any Payment Merchants outside Singapore (whether made overseas or online), at such rates as may be determined by Get from time to time. All foreign currency and overseas transactions, including Card Transactions with any Payment Merchants outside Singapore (whether made overseas or online), will also be subject to additional charges which may be imposed by Visa from time to time. All such converted sums, inclusive of any applicable additional fees and charges in relation to such transactions provided in this clause shall be deemed to be the “Payment Amount” for the purposes of these Terms.
3.14. Any use by you of the Card shall be governed by these Terms between you and Get, where applicable, and is subject to such other guidelines, procedures, policies and regulations which may be prescribed, introduced, varied and/or amended by any applicable regulatory authority or law enforcement body from time to time. For the avoidance of doubt, you shall have no rights against the Card Issuer / Visa whether under these Terms or otherwise for your use of the Card and the Card Issuer / Visa shall not be liable to you or any person for any loss, liability, damages, or expense whatsoever, howsoever arising in connection with your use of the Card.
4. Transit Payment Transactions
4.1. To be eligible to make Transit Payment Transactions under the “SimplyGo” system, you shall be deemed to accept and agree to be bound by the SimplyGo Terms.
4.2. You must ensure that you have sufficient balance in your GET Wallet Account for your Transit Payment Transaction before use. In the event that any Transit Payment Transaction occurs despite insufficient balance in your GET Wallet Account, Get reserves the right to suspend (for such period as such Get may in its sole and absolute discretion consider appropriate) or terminate, without liability to you, the availability to you of your GET Wallet Account and/or your use of the Card (in whole or in part), including freezing any Unused Balance in your GET Wallet Account, without notice to you. Notwithstanding such suspension or termination, you agree to be fully liable for and to reimburse us, upon request, the amount of your Transit Payment Transactions and any other unpaid Card Transactions.
4.3. You hereby waive claim you may now or in the future have against Get and shall fully and effectively indemnify, defend and hold harmless Get from and against, any and all Losses arising directly or indirectly from or in connection with your Transit Payment Transactions, including your ability to access and use your Card to make any Transit Payment Transaction.
5. Card Limit
5.1. Get or the Card Issuer may at its sole and absolute discretion set such Card Limits with respect to the use of the Card and may vary the Card Limit without notice.
5.2. You shall not at any time carry out or attempt to carry out such Card Transactions by the use of the Card, the aggregate value of which will cause the Card Limit as applicable to the Card to be exceeded without Get’s prior written approval.
5.3. In calculating whether the Card Limit has been exceeded, Get may take into account the amount of any Card Transaction not yet debited from your GET Wallet Account and of any authorisation given by Get to a third party in respect of a prospective Card Transaction.
5.4. For the avoidance of doubt, and notwithstanding the above, we shall be entitled, at our sole and absolute discretion, to allow Card Transactions to be effected notwithstanding that the available GET Wallet Account or Card Limit has been overdrawn or exceeded, and shall not be liable to you for any loss, charges or damages resulting therefrom.
5.5. Notwithstanding anything herein contained, Get is entitled, at any time in its absolute discretion and without giving prior notice or reason, to refuse to approve any proposed Card Transaction that you wish to effect even if such transaction would not cause the Card Limit to be exceeded.
6. Disputes and Chargebacks
6.1. You may call Get’s customer hotline at +65 3105 1380 in the event of any dispute regarding the validity of any Card Transaction or request for refund or chargeback. Get shall assist you in resolution of the dispute and may at its discretion direct such dispute, refund or chargeback request to the Card Issuer/Visa for resolution and processing.
6.2. Where required, you shall promptly take such steps as may be specified by Get, the Card Issuer/Visa in relation to such dispute, refund or chargeback request, including furnishing a written explanation of the dispute, refund or chargeback request and/or a copy of the related sales transaction receipt and any other information and supporting documents that Get, the Card Issuer/Visa may require.
6.3. Any fees and charges imposed by Get, the Card Issuer/Visa for the processing of such dispute refund or chargeback request may be deducted from your GET Wallet Account or claimed from you and shall not be refundable for any reason whatsoever.
6.4. You hereby agree and accept that
(a) the Card Issuer / Visa may, but are not obliged to (whether under these Terms or otherwise) assist you with or process your dispute, refund, or chargeback request; and
(b) the decisions of Get, the Card Issuer/Visa on all matters relating to or in connection with such dispute, refund or chargeback request is final and conclusive and binding on you for all purposes unless otherwise provided in such terms, conditions, rules, procedures and/or guidelines as may be issued by the relevant card scheme from time to time.
6.5. You acknowledge and agree that any refund of any amount previously charged to your Card may be subject to such terms, conditions, rules, procedures and/or guidelines as may be issued by the relevant card scheme from time to time.
6.6. Neither Get nor the Card Issuer / VISA shall be liable to you in any circumstance for any matters relating to or in connection with such dispute, refund or chargeback request.
7. Notification
7.1. You shall promptly notify Get upon discovering that your Card or Enabled Device is lost or stolen or has been there has been any inappropriate or unauthorised disclosure of and/or use of your Card and/or any details of your Card and/or inappropriate or unauthorised access to and/or use of your GET Wallet Account effected using your Card and/or any details of your GET Wallet Account. You shall notify Get of such loss/theft or inappropriate or unauthorised access/use by calling our Customer Service Hotline or by notifying Get in writing. Where required, you shall promptly take such steps as may be specified by Get in relation to the foregoing matters, including making a police report accompanied by written confirmation of the loss/theft/misuse/disclosure and any other information that Get may require.
7.2. Subject to these Terms, you shall not be liable for any fraudulent transactions not authorised by you after you have reported the loss to Get. However, Get shall be entitled to debit your GET Wallet Account for all Card Transactions carried out before Get is notified of such loss/ theft/ disclosure, even if such transactions were carried out without your authorisation.
8. Termination
8.1. Get may at any time suspend (for such period as Get may in its sole and absolute discretion consider appropriate) or terminate these Terms and/or the availability to you of and/or your use of the Card (in whole or in part), or use of your Card on any Enabled Device, without notice to you and without giving any reason. Get may (but shall not be obliged to) post a notice of such suspension or termination on the GET Website or make such notice available in any other manner deemed appropriate by Get.
8.2. Without prejudice to the foregoing, Get may at any time suspend (for such period as such Get may in its sole and absolute discretion consider appropriate) or terminate the availability to you of and/or your use of the Card (in whole or in part), without notice to you, if:
8.2.1. Get has, in its sole and absolute discretion, reason to believe that you have provided it with any false identification or otherwise misleading information, or that any information provided by you to Get in connection with these Terms or your GET Wallet Account is false, misleading or incorrect;
8.2.2. you have, or Get has, in its sole and absolute discretion, reason to believe that you have, committed a breach of any of the provisions of these Terms or that you have misused or are likely to misuse the Card (including for any unauthorised use or any criminal or illegal purpose);
8.2.3. Get has, in its sole and absolute discretion, reason to believe that you are using the Card on behalf of another party;
8.2.4. Get is required to do so in order to comply with any applicable law and/or any direction, order or requirement of any applicable regulatory authority or law enforcement body;
8.2.5. there is a security threat or suspected security threat in relation to your use of the Card (including risk of money laundering or terrorist financing, hacking or through the introduction of viruses or other malicious code);
8.2.6. you become bankrupt or generally fail or are unable to pay any of your debts as they fall due;
8.2.7. Get is, in its sole and absolute discretion, of the opinion that you have perpetrated a fraud on Get or any Get Technologies APAC, or have conducted yourself in a manner which may result in perpetrating or attempting to perpetrate such a fraud;
8.2.8. you die, or become mentally incapacitated or suffer some other form of legal disability;
8.2.9. any representation or warranty made by you to Get in connection with these Terms or your GET Wallet Account is incorrect or misleading.
8.3. Your obligations under these Terms will continue and Get shall remain to be entitled to debit your GET Wallet Account for any amount and charges incurred in or related to Card Transactions that are carried out before or after the termination of your Card. Until such amounts and charges are paid in full, you shall remain liable to Get for such amounts and charges.
8.4. You shall not be entitled to any payment, compensation or damages from Get or any other Get Technologies APAC in relation to any suspension or termination of your use of the Card for any reason whatsoever.
8.5. Any suspension or termination of your use of the Card for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
8.6. The rights of suspension and termination of Get under these Terms shall be without prejudice to any other rights or remedies which Get may have (whether under these Terms, at law, in equity or otherwise).
9. Additional Privileges, Offers and Benefits
9.1. Get may provide or make available at our sole discretion, any additional services, programmes, benefits, schemes or plans from time to time with respect to the use or the promotion of the use of Cards, under which additional privileges, offers or benefits may be offered to you from time to time (“Programme”). Such Programme may be subject to its own terms and conditions and by participating in the Programme, you agree to be bound by such terms and conditions. Get shall not be liable for any failure by any third party merchant to honour any privileges, offers or benefits offered in respect of any Programme or for any breach of the terms thereof.
9.2. Any privilege or benefit to be obtained from or conferred by any merchant under any Programme may be unavailable, suspended or withdrawn by that merchant at any time for any reason and whether temporarily or otherwise. We shall not be liable for any refusal of any merchant to extend or confer any privilege or benefit under any Programme for any reason whatsoever.
10. General Rights of Get
10.1. You hereby agree and accept that Get’s records of Card Transactions and any other matter in relation to these Terms (including any communications transmitted electronically or telecommunications between Get and you) as final and conclusive and binding for all purposes, in the absence of manifest error.
10.2. Without prejudice to any of Get’s other rights and remedies (whether under these Terms, at law, in equity or otherwise), Get is required to act in accordance with any and all applicable laws and directions, orders and requirements of any applicable regulatory authority and/or law enforcement body relating to the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons or entities, and may be subject to sanctions in relation thereto. Get shall have the right to take any action which may be required by any applicable regulatory authority and/or law enforcement body or which it, in its sole and absolute discretion, considers appropriate to take in order to comply with such laws, directions, orders and requirements.
10.3. Without prejudice and in addition to any right of set-off to which Get is otherwise entitled, Get may, at any time, upon written notice to you, set-off any amounts owing by you to Get against any amounts which Get owes to you. Notwithstanding the foregoing, in the event that you breach any provision of these Terms, Get may perform such set-off without notice to you.
10.4. In addition to any other rights to which we may be entitled by law, we are entitled at our absolute discretion, at any time and without notice or liability, to set-off or transfer any monies standing to the credit of any account(s) maintained by you with any Get Technologies APAC, whether such other account is held by you alone or jointly with others, in or towards the full or partial discharge of any sum due from or owed by you to us.
11. Disclaimers, Indemnity and Liability
11.1. Get shall not in any event be liable in any way to you or any person for any loss, liability, damages or expense whatsoever, howsoever arising:
(i) in connection with the use of the Card;
(ii) should use of your Card or any Enabled Device(s) or any Security Procedure be rejected by a merchant or any terminal used to process Card Transactions or if Get or any merchant refuses for any reason to authorise any Card Transaction or to accept or honour the Card;
(iii) for any malfunction, defect or error in any terminal used to process Card Transactions or to facilitate the usage of the Card, or of other machines or systems of authorisation whether belonging to or operated by Get or other persons or the inability of any terminal, machine or system to accurately, properly or promptly transmit, process or store any data;
(iv) for any delay or inability on our part to perform any of our obligations under these Terms because of any electronic, mechanical system, data processing or telecommunication defect or failure, Act of God, terrorism, civil disturbance or any event outside our reasonable control or the reasonable control of any of our servants, agents or contractors;
(v) for any breach of any obligation of confidentiality by any third party provider of any service or facility associated with any Card or Enabled Device. You acknowledge and understand that use of the same involves the transmission of your personal data and transaction details through third parties which Get may be unable to control, and Get is not responsible or liable to you for their performance or the non-performance of their obligations to you;
(vi) for any loss, theft, use or misuse of any Card or Enabled Device and/ or compromise of any Security Procedure or any breach of these Terms;
(vii) for any injury to your credit, character and reputation in relation to your use of the Card or any inability to use any Enabled Device;
(viii) for any delay in the release of any amount placed on hold in your GET Wallet Account;
(ix) for the use of any the Card on any Enabled Devices which may not be supported by the Card Issuer/Visa; and
(x) for any failure by Get to follow payment instructions (including but not limited to GIRO or other standing payment instructions) given by you due to insufficient available funds in your GET Wallet Account or insufficient available funds arising from us putting amounts in your GET Wallet Account on hold or the delay in releasing such hold and any hold placed on your GET Wallet Account upon receipt of a request for authorisation of a Card Transaction or a notice of a Card Transaction or a request for payment (including but not limited to a request by electronic means) notwithstanding that such request or notice were unauthorised or forged or that the Card Transaction was not carried out or rescinded.
and you hereby waive claim you may now or in the future have against Get for the same. You shall fully and effectively indemnify, defend and hold harmless the Indemnified Parties from and against, any and all Losses arising directly or indirectly from or in connection with any or all of the foregoing matters.
11.2. Get makes no warranty or representation as to the quality, value, merchantability or fitness for purpose of the any goods and/or services purchased via the Card and assumes no liability or responsibility for the acts or omissions of the merchants and/or suppliers of such goods/services. Any dispute about the value, condition or performance of any of such goods/services is to be resolved directly with the relevant merchants and/or suppliers of such goods/services.
11.3. You shall indemnify and keep the Indemnified Parties fully indemnified against all claims, demands, actions, proceedings, losses, damages, costs and expenses of any nature (including legal costs on an indemnity basis) incurred, suffered or sustained by the Indemnified Parties, directly or indirectly, by reason of or in connection with these Terms, including but not limited to:
(i) any use or misuse of the Card including without limitation all Card Transactions regardless of whether or not authorisation has been sought and/or given;
(ii) breach of any provision of these Terms on your part;
(iii) the enforcement or protection of the Indemnified Parties’ rights and remedies against you under these Terms, or in obtaining or seeking to obtain payment of all or any part of the monies hereby agreed to be paid by you;
(iv) insufficiency of available funds in your GET Wallet Account to meet a request for payment of any Card Transaction or settlement of any other liability hereunder; and/or
(v) any change in any law, regulation or official directive which may have an effect on your GET Wallet Account and/or these Terms.
11.4. This Clause shall survive any expiry, termination or other cessation of your relationship with Get and/or your use of the Card.
12. Personal Data
12.1. Get, each other Get Technologies APAC and the Card Issuer/Visa shall be entitled to request for, retrieve and collect, and you hereby affirmatively agree, consent to and authorise the collection, retrieval, use and disclosure by and on behalf of Get, each other Get Technologies APAC and the Card Issuer/Visa , any and all Customer Information, in the manner and for the purposes set out in the GET Data Protection Policy and for the following purposes (collectively, the “Purposes”):
12.1.1. carrying out identification checks, due diligence and other checks, screenings and verifications (including for anti-fraud, anti-terrorism, CFT and AML purposes);
12.1.2. dealing in any matters relating to the Card (including the mailing of correspondence, statements, invoices, reports or notices to you, which could involve disclosure of certain personal data about you to bring about delivery of the same as well as on the external cover of envelopes/mail packages);
12.1.3. Investigating fraud, misconduct, any unlawful action or omission, whether relating to your claims or any other matter relating to your Card and/or your relationship with Get and any other Get Technologies APAC, and whether or not there is any suspicious of the aforementioned;
12.1.4. for meeting legal, regulatory and other compliance requirements (including disclosure to all government agencies and authorities, regulators (such as, without limitation, the Monetary Authority of Singapore), exchanges, clearing houses, markets or depositories); and
12.1.5. providing you with information, offering rewards, conducting market research and other survey, maintaining safety and security, and other purposes as further described in the GET Data Protection Policy,
12.2. You agree that Get is entitled, in its absolute discretion, at any time and without notice or liability, to disclose any information relating to you or your Card Transaction(s) or your GET Wallet Account (“Information”) to:
(i) the Card Issuer/Visa;
(ii) any merchant or establishment which accepts the Card,
(iii) any bank or financial institution,
(iv) any credit bureau and/or its compliance committee and for such credit bureau and/or its compliance committee to disclose the Information to third party or parties, including but not limited to its member banks or financial institutions,
(v) any government agency, statutory board or authority in Singapore or elsewhere,
(vi) any party involved in facilitating, effecting or processing the Card Transactions,
(vii) any other person to whom we consider it in our interest to make such disclosure,
and each of the foregoing persons similarly may disclose to Get and to each other, full particulars of any Card Transaction and any other information in relation to you or the use of the Card where such disclosure is required by law or where Get deems appropriate, necessary or desirable in connection with its provision of services and the enforcement of any rights and/or performance of any obligation in respect of or in connection with these Terms or whenever Get considers it in its interest to make such disclosure.
12.3. You hereby affirmatively agree, consent to and authorise the disclosure and/or transfer out of Singapore (if applicable), by and on behalf of Get or any other Get Technologies APAC, of your personal data, to its third party service providers or agents (including its lawyers), where such third party service providers or agents engaged by Get or any other Get Technologies APAC Get would be processing your personal data for Get or any other Get Technologies APAC for any of the Purposes.
12.4. You hereby represent, warrant and undertake to Get and each other Get Technologies APAC that where you or your representative is responsible for the provision of any information or data relating to any natural person to the Get and/or any other Get Technologies APAC, or actually provides any such information or data to Get and/or any other Get Technologies APAC, you have informed each such person and each such person has given consent to the Get’s collection, use and disclosure of their personal data as described under these Terms and the GET Data Protection Policy.
12.5. You agree that Get, each other Get Technologies APAC, and the Card Issuer / Visa may retain all Customer Information for the Purposes and in compliance with the applicable law.
12.6. If you wish to withdraw your consent given under this Clause, you are required to submit a request to Get (in such form as may be specified by Get from time to time), whereupon Get shall be entitled to take such action, or procure to be taken any such action, as Get may consider appropriate arising from or in connection with such withdrawal of consent, including suspending or terminating the Card (in whole or in part).
12.7. The provisions of this Clause shall also constitute your consent for the purpose of the provisions of the Spam Control Act (Cap. 311A) and other applicable law, unless otherwise notified in writing by you in the procedure as determined by Get or any other Get Technologies APAC from time to time, including as may be described in the GET Data Protection Policy.
13. Force Majeure
13.1. Get shall not be liable to you or be deemed to be in breach of any provision of these Terms by reason of any delay in performing, or any failure to perform, any of its obligations if the delay or failure was due to any Force Majeure Event.
14. Suspension and Termination
14.1. Get may at any time suspend (for such period as Get may in its sole and absolute discretion consider appropriate) or terminate the availability to you of and/or your use of the Card without notice to you and without giving any reason.
14.2. You shall not be entitled to any payment, compensation or damages from Get or any other Get Technologies APAC in relation to any suspension or termination of your use of the Card for any reason whatsoever.
14.3. Any suspension or termination of your use of the Card for any reason whatsoever shall not release you from any liability or responsibility on your part, which at the time of such suspension or termination, has already accrued.
14.4. The rights of suspension and termination of Get under these Terms shall be without prejudice to any other rights or remedies which Get may have (whether under these Terms, at law, in equity or otherwise).
15. Modification
15.1. Get shall have the right in its sole and absolute discretion to amend, modify or vary these Terms (including any amendments made to the GET Data Protection Policy) by giving no less than 7 calendar days’ notice thereof to you, by posting on the GET Application and/or GET Website or in any other manner deemed appropriate by Get (which shall constitute good and sufficient notice thereof to you by Get and shall be deemed to have been received by you on the date of such posting or the making public of such notice, as applicable).
15.2. If you do not accept such change(s), you shall forthwith discontinue use of the Card and instruct Get to terminate the Card. Where you continue to use the Card after such notification, you shall be deemed to have agreed with and accepted such change(s).
16. Waiver
16.1. No failure to exercise or enforce, and no delay on the part of Get or any Get Technologies APAC in exercising or enforcing its rights under these Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of Get or Get Technologies APAC at any time.
17. Confidentiality
17.1. You agree that Get and/or any Get Technologies APAC shall not be under any obligation of confidentiality to you regarding any such information or material provided by you using the Card, unless agreed otherwise in a separate direct contract between you and Get and/or the relevant Get Technologies APAC, or otherwise required under applicable law.
18. Assignment
18.1. You shall not assign, transfer or encumber any or all of your rights, interests and obligations under these Terms without the prior written consent of Get.
18.2. Get may assign and transfer any or all of its rights, interests and obligations under these Terms to any person. Any such assignment or transfer shall take effect upon posting on the GET Website or on such date as may be otherwise stated. In the event that Get assigns and transfers all its rights, interests and obligations under these Terms:
18.2.1. all references to Get in these Terms shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of Get; and
18.2.2. such assignee and transferee shall be entitled to enforce all rights and perform all obligations of Get and to be paid all sums due from you under these Terms as at the date of such assignment and transfer thereafter.
18.3. Get shall be entitled to sub-contract and delegate any or all of its obligations under these Terms or any other matters contemplated in these Terms, to any third party (including any other Get Technologies APAC) as Get deems fit, whether for such third party to carry out or procure the carrying out of such obligations or matters. In such event, Get shall not be liable to you for, and hereby disclaims all liability and responsibility in relation to, any act, omission, neglect or wilful default on the part of such third party.
19. Notices and Correspondence
19.1. All notices and communications by Get and/or any Get Technologies APAC to you may be sent or despatched to you by delivery, post, e-mail, SMS, eDM or facsimile transmission or any other means deemed appropriate by Get, to your e-mail or other address or mobile or facsimile number appearing in any of your records maintained by Get or from which any communication by you to Get was despatched or issued or otherwise last known to Get. Any such notice, demand or communication addressed and so despatched to you shall be deemed to have been received by you:
19.1.1. in the case of despatch by e-mail, SMS or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by Get and/or the relevant Get Technologies APAC;
19.1.2. in the case of despatch by delivery to your address, on the date and at the time it was so delivered or left at that address; and
19.1.3. in the case of despatch by post:
(i) to any address in Singapore, on the next day after it was posted by Get and/or the relevant Get Technologies APAC; or
(ii) to any address outside Singapore, on the seventh (7th) day after it was posted by Get and/or the relevant Get Technologies APAC.
19.2. All notices and requests from you to Get shall be in writing unless otherwise specified by Get to you. Get shall be entitled to regard as ineffective and invalid any notice or request by you the receipt of which has not been confirmed by Get to you.
20. Severability
20.1. Any part of any provision of these Terms that is invalid, unenforceable or illegal shall be enforced as nearly as possible, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of these Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
21. Third Party Rights
21.1. Save for the Get Technologies APACs, no person who is not a party to these Terms has any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce or enjoy the benefit of any provision of these Terms.
22. Applicable Law and Jurisdiction
22.1. These Terms shall be subject to and construed in accordance with the laws of Singapore and you hereby submit to the non-exclusive jurisdiction of the courts of Singapore.
