Terms and Conditions

1. Welcome to ipaymy

These Terms lay down the policies and procedures which govern your use of our Services.

We may change these Terms at any time by notifying you of the change by email or by posting a notice on the Site. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Services from the date on which the Terms are changed, you agree to be bound by the changed Terms.

These Terms were last updated on 20 September 2024.

2. Purpose

This Agreement applies to your use of the Site and the Services. This is a legal and enforceable contract between you and the ipaymy entity that you are contracting with under this Agreement, as set out in clause 26G.

THIS IS AN IMPORTANT DOCUMENT, AND WE URGE YOU TO READ THIS AGREEMENT CAREFULLY WHEN CHOOSING WHETHER TO SIGN UP FOR A USER ACCOUNT OR USE THE SERVICES. PLEASE READ THIS AGREEMENT PRIOR TO USING OUR SITE OR SERVICES. BY BROWSING OUR SITE, REGISTERING FOR A USER ACCOUNT, OR ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY ADDITIONAL GUIDELINES REFERENCED IN THIS AGREEMENT (INCLUDING OUR PRIVACY POLICY https://ipaymy.com/privacy-policy/ WHICH GOVERNS OUR COLLECTION AND USE OF PERSONAL INFORMATION). IF AT ANY TIME YOU DO NOT AGREE TO THIS AGREEMENT, YOU ARE NOT AUTHORISED TO ACCESS AND USE OUR SERVICES AND YOU MUST IMMEDIATELY STOP DOING SO, CLOSE YOUR USER ACCOUNT AND FOLLOW THE APPROPRIATE INSTRUCTIONS IN THIS AGREEMENT.

The information on the Site is intended to be general in nature and is not personal financial product advice. It does not take into account your objectives, financial situation or needs. Before acting on any information, you should consider the appropriateness of the information provided and the nature of the relevant financial product having regard to your objectives, financial situation and needs.

3. Definitions

When used in this Agreement, each of the following words and phrases has the meanings set out below:

(a) “Agreement” means these Terms and any Supplementary Agreement;

(b) “Business Days” means Monday to Friday excluding public holidays in Singapore, Malaysia, Hong Kong and Australia;

(c) “Card” means a credit/debit card from a payment network listed on the Site (which may include Visa, MasterCard, American Express or UnionPay), as amended from time to time, used or to be used by the Payer in relation to the Services;

(d) “Card Charging Date" is the date on which the Payer’s Card is charged to initiate the making of a Payment;

(e) “Confidential Information” means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of the Services. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the ipaymy Software. Your Confidential Information includes the Data;

(f) “Data” means all data, content, and information (including personal information) owned, held, used or created by you or on your behalf that is stored using, or inputted into, the Services;

(g) “Fee” means the non-refundable flat percentage or nominal fee charged by us to you for use of our Services and will include any other promotional fee that you may be charged from time to time for your use of our Services;

(h) “Guest” means a user of ourFetchservice which allows Payers to make Payments through the Site in payment of an invoice issued by a Merchant without needing to create a User Account;

(i) “including” and similar words do not imply any limit;

(j) “Intellectual Property Rights” includes copyright and all rights existing anywhere in the world conferred under statute, common law or equity relating to inventions (including patents), registered and unregistered trade marks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity. “Intellectual Property” has a consistent meaning, and includes any enhancement, modification or derivative work of the Intellectual Property;

(k) “ipaymy Software” means the software owned by us (and our licensors) that is used to provide the Services;

(l) “Merchant” means a business authorized by the Payer as the recipient of a Payment Amount (for example, a landlord, employee or supplier);

(m) “Objectionable” includes being abusive, obscene, pornographic, defamatory, harassing, grossly offensive, harmful, vulgar, threatening, malicious or unlawful in any way;

(n) a “party” includes that party’s permitted assigns;

(o) “Payer” means the person providing Card charging and (where applicable) onward bank account payment instructions to us to process the Payment Amount via the Services;

(p) “Payment” means the successful act of funds transfer to the Merchant;

(q) “Payment Amount” means the aggregate value of a payment nominated by the Payer (excluding the Fee), which will be transferred to the Merchant’s bank account;

(r) a “person” includes an individual, body corporate, an association of persons (whether corporate or not), a trust, a government department or any other entity;

(s) “personal information” means information about an identifiable, living person, and includes personal data, personally identifiable information and equivalent information under applicable privacy and data protection laws;

(t) "Scheduled Payment" is a Payment which has been created via the Services by the Payer with a future Card Charging Date;

(u) “Services” means and includes all the products, facilities, services, features, technologies or functionalities provided by us on our Site or through any other means;

(v) “Site” means the website located at www.ipaymy.com and all related webpages, any app or any other media in an electronic form notified to you by us;

(w) “Supplementary Agreement” means any agreement between the parties (other than these Terms) that references these Terms and is signed by both parties, excluding any agreement between the parties that excludes these Terms;

(x) “Terms” means these Terms, including any related addenda, schedules, policies and other documents referenced herein as may be amended from time to time;

(y) “Underlying Systems” means the ipaymy Software, IT solutions, systems and networks (including software and hardware) used to provide the Services, including any third party solutions, systems and networks;

(z) “user”, “you” or "your" means you and any other person authorized by you or on whose behalf you are acting;

(aa) “User Account” means a user’s account that is created by a person (i.e. an individual consumer or business) for accessing and using the Services;

(ab) “User ID” has the meaning given to the term in clause 9; and

(ac) “we”, “us” or “our” means the entities listed in clause 26G collectively, or the ipaymy entity that you are contracting with under this Agreement as set out in clause 26G, as the context requires.

4. Services

We provide Services which enable users to pay rent, salaries and invoices to a relevant Merchant which may be a landlord, employee and/or supplier via Card(s). We charge users a Fee for the use of the Services. Users must be residents or legally registered businesses in the country where they are using our Services. We are merely providing a service to facilitate the above mentioned transactions between users, and we act as per your instructions in providing the Services.

5. Your Representations and Warranties

You represent and warrant to us that, if you are an organisation, you are duly organised and validly existing or, if you are an individual, you are of legal age and under no legal disability or incapacity, and (in either case) that you have full power and authority to enter into, and you have taken all necessary steps to enable you to lawfully enter into, this Agreement and the transactions contemplated under this Agreement, and to perform your obligations under this Agreement.

You represent and warrant that:

● this Agreement constitutes a legal, valid and binding obligation of yourself;

● where your access and use of the Services is on behalf of another person (e.g. a company), you are authorised to, and do in fact, agree to this Agreement on that person’s behalf and that, by agreeing to this Agreement on that person’s behalf, that person is bound by this Agreement and this Agreement constitutes a legal, valid and binding obligation of that person;

● all Payments made using the Services are lawful, valid and genuine and do not constitute or promote any money laundering or terrorism financing;

● in agreeing to and giving effect to this Agreement, you will not infringe any provision of any other document or agreement to which you are a party, nor any law or judgment/order binding upon you;

● all information supplied to us by you is, or at the time it is supplied will be, accurate in all material respects and you will not omit or withhold any information which would make such information inaccurate in any material respect;

● you will provide to us on request such information regarding your financial and business affairs and/or identity, as we may reasonably require from time to time;

● you will take all reasonable steps to obtain and provide to us all information and documents relating to any or all Payments set up by you via the Services;

● we rely on representations and warranties made by you. These representations and warranties and those contained elsewhere in this Agreement are repeated in respect of each Payment; and

● you have obtained the necessary permission from your Merchant to allow us to contact them to collect any necessary information from them for the purposes of us providing the Services to you (and your Merchant) and/or for validating a Payment.

6. Data

6.1 You acknowledge that:

(a) we may require access to the Data to exercise our rights and perform our obligations under this Agreement; and

(b) to the extent that this is necessary but subject to clause 15, we may authorise a member or members of our personnel to access the Data for this purpose.

6.2 You must arrange all consents and approvals that are necessary for us to access the Data as described in clause 6.1.

6.3 You acknowledge and agree that:

(a) we may:

(i) use Data and information about your use of the Services to generate anonymised and aggregated statistical and analytical data (“Analytical Data”); [and]

(ii) use Analytical Data for our internal research and product development purposes and to conduct statistical analysis and identify trends and insights; [and]

(iii) supply Analytical Data to third parties;

(b) our rights under clauses 6.3aii and iii above will survive termination or expiry of this Agreement; and

6.4 You acknowledge and agree that to the extent Data contains personal information, in collecting, holding and processing that information through the Services, we are acting as your agent and/or as a data processor and/or as a service provider for the purposes of applicable privacy and data protection laws. You must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with this Agreement.

6.5 You agree that we may store Data (including any personal information) in secure servers in various countries and may access that Data (including any personal information) in those countries and Singapore from time to time.

6.6 You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Data infringes the rights of that third party (including Intellectual Property Rights and privacy rights) or that the Data is Objectionable, incorrect or misleading.

7. Geographies and currencies covered

Some Services may only be supported for certain geographies or in certain currencies. Write to us on support@ipaymy.com to know more on what Services are available in which geographies and currencies.

8. An Independent Party

We are an independent party providing Services to you and are in no way related to your Merchants, except where otherwise indicated. Accordingly, we have no responsibility and will not be liable for any consequences/disputes resulting from your communications or agreements with your Merchants, including any payment terms and/or the proper and timely delivery of goods or services.

We may use third party service providers which may include other software-as-a-service companies, software providers, technical partners who are not liable to you in any manner with regard to the Services. We do not make any warranty or representation relating to those third party service providers. Without limiting the previous sentence, if a third party service provider ceases to provide that service or ceases to make that service available on reasonable terms, we may cease to make available that service to you. To avoid doubt, if we exercise our right to cease the availability of a third party service, you are not entitled to any refund, discount or other compensation.

9. User Account

Except where you are a Guest, in order to use our Services, you are required to create a User Account and provide us any information we may require from time to time.

You agree to provide at all times complete, accurate, and up-to-date information in your dealings with us (including with regard to your User Account), and must promptly update that information as required so that the information remains complete, accurate and up-to-date. We reserve the right to impose restrictions on access and usage of the Services and the volume, frequency, and delivery timeline of Payments submitted.

You are solely responsible for any activity carried out using your User Account. Without our express written consent, neither you nor your authorized representative may register or attempt to register for a User Account on behalf of a user we previously terminated from use of the Services.

You must keep your username and password or other appropriate security code ("User ID") for your User Account secure and:

(a) not permit any other person to use your User ID, including not disclosing or providing it to any other person; and

(b) immediately notify us if you become aware of any disclosure or unauthorised use of your User ID, by sending an email to support@ipaymy.com.

10. Data Protection and Privacy Policy

All personal information and business-related data and documents that you provide us while accessing or using our Services is governed by our Privacy Policy, found here. To be compliant with applicable anti-money laundering and countering financing of terrorism rules/guidelines, we may obtain and conduct due diligence/know-your-customer (“KYC”) checks on yourself and your Merchants. You authorize us, directly or through third parties, to make any inquiries we consider necessary to verify your identity, your Merchants’ identity and the respective documents. This may include asking you for further information, and verifying your information against third party KYC databases or through public and private sources. If we cannot establish you or your Merchant’s identity, we have the right to deny you use of the Services.

11. Acceptable Use

All interactions on this Site and the Services must be lawful and must comply with this Agreement. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site or the Services, we may limit your privileges on the Site and/or the Services and seek other remedies.

You must use the Services in accordance with this Agreement solely for your own lawful, internal business or personal payment purposes and must not resell or make available the Services to any third party, or otherwise commercially exploit the Services.

You must:

● not use the Services to send money to yourself or for any purpose of cash advance to yourself or any other person;

● not use the Services for payments that fall into our restricted businesses or category;

● not use the Services on behalf of another party unless authorized by that party;

● not use the Services for purposes other than paying for any good or services availed;

● not use the Services other than for legitimate payment purposes;

● not submit any inaccurate information, impersonate another person, misrepresent authorisation to act on behalf of others or us, commit fraud or falsify information in connection with your User Account or create multiple accounts;

● provide, if requested, confirmation of your identity or any other information you have provided to us, and cooperate with any investigations of the same by us or our third-party delegates;

● correctly identify the sender of all electronic transmissions;

● not attempt to undermine the security or integrity of the Services or the Underlying Systems;

● not use, or misuse, the Services in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Services;

● not attempt to view, access or copy any material or data other than that which you are authorised to access and to the extent necessary for you to use the Services in accordance with this Agreement;

● neither use the Service in a manner, nor transmit, input or store any files, graphics, software or other material, that breaches any third party right (including Intellectual Property Rights and privacy rights), that, to a reasonable person, may be considered Objectionable or is incorrect or misleading;

● take any action that may cause us to lose any of our services from our internet service providers, our payment processor or other suppliers;

● unless with our agreement, access the Site and Services via standard web browsers only and not by any other method. Other methods include scraping, deep-linking, harvesting, data mining, use of a robot or spider, automation, or any similar data gathering, extraction or monitoring method; and

● not engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.

12. Suspected unacceptable use

We may reject any payment that we believe to be unauthorized or made by someone other than the account holder, or that we believe may violate any law, rule or regulation or this Agreement, or if we have reasonable cause not to honour it.

If any single transaction is investigated and is determined to be fraudulent or otherwise illegal, we may terminate the relevant user’s User Account and such transaction may be reported to the relevant authorities.

We may request more information relating to your use of the Services to seek to identify any unacceptable use. You agree to cooperate in any investigation and to provide confirmation of your identity and any information we may require.

If we have reason to believe that you have engaged in any unacceptable use, we may in our sole discretion and at any time, take any or all of the following actions:

● close, suspend, or limit your access to your User Account or the Services;

● not process your payment until we are satisfied that it is towards an acceptable use, return, or reclaim funds;

● update inaccurate information you provided to us;

● refuse to provide Services to you in the future;

● contact your bank or notify other users, law enforcement, or impacted third parties of your actions; and/or

● take legal action against you.

We will provide you with notice of any of the above actions, unless otherwise required by law. If applicable, we may request more information regarding your use of the Services to better determine whether any unacceptable usage has occurred.

13. Closing your User Account

You may request for closing of your User Account by e-mailing us at any time at support@ipaymy.com.

You will remain liable for all obligations related to your User Account even after your User Account is closed, including any Fees or charges already due to us. You may not close your User Account to evade an investigation. We also reserve the right to close your User Account at any time with or without notice to you.

Any Payments processed prior to User Account closure will be completed, and all Scheduled Payments whose Card Charging Date has not yet passed at the time of your User Account closure will be cancelled.

We may retain data associated to your usage of the Services in accordance with applicable regulatory and compliance obligations.

14. Payments

A. Payment Creation

Payments can be created for immediate or future processing using the Services. At a minimum, payment creation requires you to specify the following

1. A Beneficiary

2. Beneficiaries bank name and account details

3. Payment Method

4. A Payment amount

5. Purpose of payment

6. Valid document supporting the Payment

B. Scheduled Payments

I. One Off Scheduled Payment

Recurring Payments may be scheduled with a future start date and a future end date. Such Payment are called Recurring Scheduled Payments. The future start date for a Payment shall be the date on which a Card is charged for the first time (“First Card Charging Date”) and the Future end date is the date on which the Card is charged for the last time (“Last Card Charging Date). The First Card Charging Date and Last Card Charging Date is attached to a Card at time of Payment creation and remains valid until the Last Card Charging Date. The details of a Recurring Scheduled Payment, including Licence Fees rates and promotions, are determined at time of Recurring Scheduled Payment creation, except where noted otherwise.

Prior to its Card Charging Date, a One Off Scheduled Payment may be turned inactive or edited by the user. Editing a One Off Scheduled Payment is treated as turning off the original One Off Scheduled Payment and creation of a new One Off Scheduled Payment and accordingly may result in alterations not specifically requested including but not limited to recalculation of associated licence fees, qualification for current promotion, or disqualification of expired promotions.Prior to its Card Charging Date, a One Off Scheduled Payment may be turned inactive or edited by the user. Editing a One Off Scheduled Payment is treated as turning off the original One Off Scheduled Payment and creation of a new One Off Scheduled Payment and accordingly may result in alterations not specifically requested including but not limited to recalculation of associated licence fees, qualification for current promotion, or disqualification of expired promotions.

II. Recurring Scheduled Payment

Prior to First Card Charging Date, a Recurring Scheduled Payment may be turned inactive or edited by the user. Editing a Recurring Scheduled Payment is treated as turning off the original Recurring Scheduled Payment and creation of a new Recurring Scheduled Payment and accordingly may result in alterations not specifically requested including but not limited to recalculation of associated licence fees, qualification for current promotion, or disqualification of expired promotions.

C. Payment Processing

Payments will not be processed unless the Card has been charged. If a Card is not charged, we will be not be able to transfer the funds to your Merchant. We are not responsible for any delay as a result of failure in charging of a Card on a Card Charging Date. After each Payment is processed, you will be provided with a unique receipt number in relation to your Payment.

D. Transfer of Funds to Merchant

Once the Payer’s Card is charged, the Merchant will receive the funds on or around the scheduled date for the Payment. However, the funds transferred to your Merchant may fail because of a number of reasons including invalid Merchant account number, incorrect bank name, incorrect swift code, improper documentation etc. We are not responsible or liable for any delay in transferring the funds to your Merchant. We have absolute discretion to refuse/stop the transfer of any Payment for any reason that may or may not be notified to a user.

E. Fees

When making a Payment using the Services, we will charge you a non-refundable Fee. The Fee is charged on a per transaction basis. This Fee is payable in addition to the Payment Amount. This fee excludes GST and/or other sales tax.

Fees for immediately processed Payments are charged in real-time upon submission. Fees for Scheduled Payments are determined at the time of submission and will be charged on the relevant Card Charging Date. If a Scheduled Payment is edited prior to its Card Charging Date, the applicable Fee will be recalculated based on our presently defined rules at the time such Scheduled Payment is edited, which may result in a change in Fee.

F. Refunds

We are merely acting as a third party payment provider and are not responsible for the goods or services owed to you by your Merchant. Therefore you are not entitled to any refunds through us for goods/services provided by your Merchant. You must handle this directly with the Merchant.

The Fees charged for using our Services are non-refundable once the payment has been initiated and a payment receipt has been issued.

In such cases where we cannot support the payment due to factors such as regulatory reasons, restricted business category etc. we may elect to refund the fees at our sole discretion.

I. Domestic Payments rejected

If your Payment is not processed or wrongly processed for any reasons, including for the following reasons:

Wrong account details of Merchant entered by you;
Wrong amount entered by you;
Duplicate entries created by you; or
Improper documentation provided by you,

The reasons outlined above are not comprehensive and serve as examples only. There may be additional factors, including unexpected or unconsidered circumstances, that could also apply. This list is not meant to cover all possible reasons or situations.

In the event that users do not respond to or cooperate with our queries by the specified deadline, we may be unable to process their request or fully investigate the issue. Consequently, failure to engage with our inquiries may result in the non-refund of platform fees.

We will not be liable for any late charges and our team will issue a refund of your principal amount to you should we not hear back from you regarding your latest updated supporting document. The refund will not consist of our platform fees.

II. International Payments rejected

International payments are subject to foreign exchange rates and may fluctuate over time. ipaymy will not be liable for any foreign exchange losses due to negligence of users, including for the following reasons:

Wrong account details of Merchant entered by you;
Wrong amount entered by you;
Duplicate entries created by you; or
Improper documentation provided by you,

Please note that this list of reasons is illustrative and not exhaustive; other unforeseen or unconsidered factors may also lead to payment rejection. If a refund is necessary, we will refund the total principal amount of the transaction, minus any foreign exchange losses incurred.

We will not be liable for any late charges, penalties, or other fees resulting from payment rejection. If we do not receive the necessary supporting documentation or information, we will refund the principal amount of the payment excluding the foreign exchange rate and excluding our platform fees.

G. Changes in Fees

Fees may change, depending upon factors including the Card used, any applicable promotions, and any other variables which may or may not be controlled by us. Fees are subject to change at any time without prior notice and are calculated in real time and presented to you during review of your Payment, prior to submission. Any promotion will have a subset of terms and conditions and the user will be entitled to the promotion only if they adhere to all the terms and conditions attached to a promo code.

H. Payment Dispute and Refund of Fees

If your Payment is not processed or wrongly processed for any reason, including for the following reasons:

Wrong account details of Merchant entered by you;
Wrong amount entered by you;
Duplicate entries created by you; or
Improper documentation provided by you,

we will not be responsible for any delays in payments or incorrect transferring of the Payment Amount. We may choose to assist the user out of goodwill in contacting the party that received the payment to request a refund to be issued to the user. However, we will not be liable to reimburse any Payment Amount or to reverse any transaction that has been made as a result of the user’s error or negligence. If we have processed your payment according to your instructions, the Payment will be considered correctly completed even if you made an error.

Upon completion of Payment, the user accepts and agrees that no refunds, cancellations or charge backs are permitted through the Services. Additionally, the user accepts and agrees not to request a refund, cancellation or charge back of the Fees from his/her Card issuing bank, bank or any other person or us.

In the case that Payment should be refunded, cancelled or charged back by the user’s Card issuing bank or any other person, the user is not entitled to the return/refund of any associated Fees, irrespective of the reason for such refund, cancellation or charge back. The user is also responsible for the payment of any associated payment dispute and refund fees.

We will provide operational support for users in respect of refunds and cancellations (where applicable) relating to transactions.

I. Card Delays and Non-Completion

Furthermore, completion of a Card payment is contingent on both the authorization of the Card Payment and acceptance of the Card. In the event that a Card Payment is unable to be completed, you will receive an error message via the Services and/or an email that the Card Payment was unsuccessful. In the case of such delay or non-completion, your liability to the Merchant may be subject to penalties, late fees and interest charges assessed by such Merchant, all of which remain your responsibility (and not us). If a Payment is not completed, you are not entitled to a refund of any Fees charged by us, irrespective of the reason for non-completion.

J. Payment Limits

We may, at our sole discretion, impose limits on the Payment Amount you can send through our Services.

15. Confidentiality

15.1 Each party must, unless it has the prior written consent of the other party:

(a) keep confidential at all times the Confidential Information of the other party;

(b) effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and

(c) disclose the other party’s Confidential Information to its personnel or professional advisors on aneed to knowbasis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of, and complies with, clauses 15.1(a) and 15.1(b).

15.2 The obligation of confidentiality in this clause does not apply to any disclosure or use of Confidential Information:

(a) for the purpose of performing a party’s obligations, or exercising a party’s rights, under this Agreement;

(b) required by law (including under the rules of any stock exchange);

(d) which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or

(e) by us if required as part of abona fidesale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause 15.

16. Taxes

It is your responsibility to determine what, if any, taxes apply to the Payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction.

17. Availability of the Site and Services

You acknowledge that there may be interruptions in the Site and/or Services or events that are beyond our control. While we use reasonable efforts to keep the Site and Services accessible, the Site and/or Services may be unavailable from time to time for any reason, including routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site and/or Service access may be interrupted, suspended or terminated. We retain the right at our sole discretion to deny the Services, or access to the Site to anyone or any User Account, at any time and for any reason.

18. Ownership of the Site and Services

Your access to the Services is subject to a licence from us to use the same and nothing herein will be construed as a sale of any part the Site or Services or the rights or title to you. The content and information on the Site and the Services, as well as the infrastructure used to provide both, and all materials therein or transferred thereby and all Intellectual Property Rights related thereto, are our (and our licensors’ and other partners’) exclusive property. Except as explicitly provided in this Agreement, nothing in this Agreement will be deemed to create a licence in or under any such Intellectual Property Rights and you must not modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or resell any information, software, products or services obtained from or through the Site or the Services.

19. Limitation of Liability

19.1 YOU AGREE THAT WE ARE MERELY PROVIDING THE SERVICES AND THEREFORE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR: (A) ANY BREACHES, FRAUD, DISHONESTY, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY THIRD PARTIES CONTRACTING WITH YOU ON THE SITE OR VIA THE SERVICES; OR (B) ANY CLAIMS FOR INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“LIABILITIES”) THAT YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART AS A RESULT OF THE ACTS OR OMISSIONS OF SUCH USERS OR THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH USERS OR THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE AND/OR THE SITE.

19.2 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE US, OUR SUBSIDIARIES, LICENSORS, AFFILIATES PARTNERS, MANAGERS, AND OTHER AFFILIATED COMPANIES, AND OUR AND THEIR OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS, CONTRACTORS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO (I) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY USERS OR THIRD PARTIES CONTRACTING WITH YOU ON THE SITE OR VIA THE SERVICES AND/OR (II) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, ANY LOST PROFITS OR LOST DATA, OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED 500 SINGAPORE DOLLARS.

19.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICES; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WHILE RECEIVING AND PROCESSING PAYMENTS WE MERELY ACT ON THE INSTRUCTIONS OF OUR USERS AND WE WILL NOT BE LIABLE FOR ANYTHING EITHER BEFORE PROCESSING OF THE PAYMENT OR AFTER WE HAVE PROCESSED THE PAYMENT.

THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

20. Links to Third Party Sites

The Site may contain links to third party websites that are not owned, operated, or controlled by us. We cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own or operate them. We cannot and will not censor or edit the content of any third-party site. You expressly relieve us from any and all liability arising from your use of any third-party website.

21. Intellectual Property

(a) Subject to clause 21.A(b), title to, and all Intellectual Property Rights in, the Site, the Services and all Underlying Systems is and remains our property (and our licensor’s property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of the Site (or microsites) or the Services without our express written permission is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

(b) Title to, and all Intellectual Property Rights in, the Data (as between the parties) remains your property. You grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable licence to use, store, copy, modify, make available and communicate the Data for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with this Agreement.

(c) To the extent not owned by us, you grant us a royalty-free, transferable, irrevocable and perpetual licence to use for our own business purposes any know-how, techniques, ideas, methodologies, and similar Intellectual Property used by us in the provision of the Services.

(d) If you provide us with ideas, comments or suggestions relating to the Services or Underlying Systems (together “feedback”):

● all Intellectual Property Rights in that feedback, and anything created as a result of that feedback (including new material, enhancements, modifications or derivative works), are owned solely by us; and

● we may use or disclose the feedback for any purpose.

22. Disclaimer of Warranty

Without prejudice to the foregoing, you expressly agree that use of this Site and the Services is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither us, our subsidiaries, agents, licensors, managers, and other affiliated companies, or any of our and their officers, directors, staff members, contractors or agents, warrant that use of the Site or the Services will be uninterrupted or error free; nor do they make any warranty as to: (a) the results that may be obtained from use of the Site or the Services; or (b) the accuracy, reliability or content of any information or service provided through the Site and the Services. The Site and Services are made accessible on an “as is” and “as available” basis.

The Site and the Services are controlled and offered by us from our offices in Singapore. We make no representations that the Site and the Application are appropriate or available for use in other locations. Those who access or use the Site and the application from other jurisdictions will have to satisfy themselves and ensure that they comply with local law or regulations.

23. Indemnity

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and our and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any Data or content transmitted or received by you; (ii) your violation of any provision of this Agreement, including your breach of any of the representations and warranties set out in this Agreement; (iii) your violation of any third party rights, including any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) your transmission, input or storage of any Data that breaches or may breach this Agreement or any third party rights (including Intellectual Property Rights and privacy rights), or that may be Objectionable, misleading, false or inaccurate; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your User ID or (viii) the acts, omissions and default of your agents or representatives in relation to the Site and Services.

24. Termination

We may terminate immediately without notice to you this Agreement at any time, or suspend access to the Site and/or the Services, without prior notice or liability:

(a) if you breach any term of this Agreement;

(b) if you undermine, or attempt to undermine, the security or integrity of the Site, Services or any Underlying Systems;

(c) if you use, or attempt to use, the Services for improper purposes or in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use the Services;

(d) if you transmit, input or store any Data that breaches or may breach this Agreement or any third party right (including Intellectual Property Rights and privacy rights), or that may be Objectionable, misleading, false or inaccurate; and/or

(e) for any other reason.

Without limiting the foregoing, we will have the right to immediately terminate or suspend your User Account or to the maximum extent permitted by law, delete, restrict or disable access to your Data in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement.

Termination of this Agreement does not affect either party’s rights and obligations that accrued before that termination.

No compensation is payable by us to you as a result of termination of this Agreement for whatever reason, and you will not be entitled to a refund of any Fees that you have already paid.

Except to the extent that a party has ongoing rights to use Confidential Information, at the other party’s request following termination of this Agreement, a party must promptly return to the other party or destroy all Confidential Information of the other party that is in the first party’s possession or control.

25. Additional Disclosures

No waiver by either you or us of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and will be of no legal force or effect. If any provision of our Agreement is held invalid by a court or arbitrator of competent jurisdiction, such invalidity will not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement will continue in full force and effect.

The provisions of this Agreement apply equally to and are for the benefit of us, our subsidiaries, affiliates, and our third-party content providers and licensors, and each will have the right to assert and enforce such provisions directly or on its own behalf.

26. Miscellaneous

A. Entire Agreement

This Agreement constitutes the entire agreement between you and us and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and us, whether written or oral, relating to our Services. If there is any conflict between these Terms and a Supplementary Agreement, the Supplementary Agreement prevails.

B. Reservation of Rights

The failure of either party to exercise in any respect any right provided in this Agreement will not be deemed a waiver of such rights.

C. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

D. Assignability

This Agreement, and any rights and licences granted hereunder, are not assignable, transferable or sub-licensable by you except with our prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment is violation hereof and will be null and void.

E. Merger

Both parties agree that this Agreement and any other legal notices published by us on the Site or the Services, are the complete and exclusive statements of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by us, except as otherwise provided herein.

F. Independent Contractors

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.

G. Contracting Entity and Governing Law

The ipaymy entity that you are contracting with under this Agreement is stated below. This Agreement will be construed in accordance with and governed by the law set out below, and the courts stated below will have jurisdiction in respect of disputes arising out of or related to the use of the Services, the Site or this Agreement. The United Nations Convention on International Sales of Goods does not apply to this Agreement or the Services.

H. Causes of Action

Any cause of action or claim you may have with respect to us must be commenced within one (1) year after the claim or cause of action arises. If any action in law or in equity is necessary to enforce the terms of this Agreement, and/or our Privacy Policy herein, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.

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Fetch Service Addendum

1. Application

If you are using our Fetch Service, the additional terms of this addendum (“Addendum”) will apply.

Only registered businesses and bona fide charitable organizations located in Singapore, Malaysia, Hong Kong or Australia are eligible to use the Fetch Service.

2. Definitions

In this Addendum:

“Fetch Service” are Services that you may use to accept payments from your Payers for Transactions, perform other financial transactions, manage subscriptions, and perform transaction reporting.

“Charge” means a credit or debit instruction to capture funds from an account that a Payer maintains with a bank or other financial institution in connection with a Transaction.

“Dispute” means an instruction initiated by a Payer for the return of funds for an existing Charge (including a chargeback or dispute on a payment card network).

“Fine” means any fines, levies, or other charges imposed by us, a Payment Method Provider or a Payment Method Acquirer, caused by your violation of Laws or this Agreement, or as permitted by the applicable Payment Method Rules.

“Laws” means all laws, rules, and regulations applicable to your use of the Fetch Service and to Transactions.

“Payment Method” means a type of payment method, such as credit and debit cards, that we accept as part of the Fetch Service, as listed on the Site and as amended from time to time.

“Payment Method Acquirer” means an entity that is authorized by a Payment Method Provider to enable the use of a Payment Method by accepting Charges from Payers on behalf of the Payment Method Provider, and routing these Charges to the Payment Method Provider.

“Payment Method Provider” means the provider of a Payment Method.

“Payment Method Rules” means the guidelines, bylaws, rules, and regulations imposed by the Payment Method Providers and Payment Method Acquirers that operate the Payment Methods supported by us.

“Payout Account” the bank account designated by you for the payout of funds in connection with the Fetch Service.

“Prohibited Business” means use of the Fetch Service in or for the benefit of a country, organization, entity, or person that is embargoed or blocked by any government or any other business or activity that we have identified as prohibited here and updated by us from time to time.

“Refund” means an instruction initiated by you to return funds to a Payer for an existing Charge.

“Reversal” means an instruction initiated by a Payment Method Provider, a Payment Method Acquirer or us to return funds for an existing Charge. Reversals may result from (i) invalidation of a charge by a Payment Method Provider or a Payment Method Acquirer; (ii) funds settled to you in error or without authorization; and (iii) submission of a Charge in violation of the applicable Payment Method Rules, or where submission of the Charge or your use of any Fetch Service violates this Agreement.

“Transaction” includes an order, purchase, sale or donation.

3. Your User Account

[Until you have submitted, and we have reviewed and approved, all required information, your User Account will be available to you on a preliminary basis only, and we may terminate it at any time and for any reason.]

At any time during the term of this Agreement and your use of the Fetch Service, we may require additional information from you to verify beneficial ownership or control of your business, validate information you provided, verify your or your authorized representative’s ("Representative”) identity, and assess the risk associated with your business. This additional information may include business invoices, copies of government-issued identification, business licenses, or other information related to your business, its beneficial owners or principals. We may also request that you provide copies of financial statements or records pertaining to your compliance with this Agreement, or require you to provide a personal or company guarantee. Your failure to provide this information or material may result in suspension or termination of your User Account.

You authorize us to retrieve information about you from our service providers and other third parties, including credit reporting agencies and information bureaus and you authorize and direct such third parties to compile and provide such information to us. You acknowledge that this may include your name, addresses, credit history, and other data about you or your Representative. You acknowledge that we may use your information to verify any other information you provide to us, and that any information we collect may affect our assessment of your overall risk to our business. You acknowledge that in some cases, such information may lead to suspension or termination of your User Account.

You agree to promptly notify us in writing if:

(a) you become insolvent, liquidated or bankrupt, or have an administrator, receiver, liquidator, statutory manager, mortgagee’s or chargee’s agent appointed, become subject to any form of insolvency action or external administration, or cease to continue business for any reason;

(b) there is an adverse change in your financial condition;

(c) you transfer or sell 25% or more of your total assets, or there is any change in the control or ownership of your business or parent entity (where a “change of control” means any transfer of shares or other arrangement affecting you or any member of your group which results in a change in the effective control of your business); or

(d) you receive a judgment, writ or warrant of attachment or execution, lien or levy against 25% or more of your total assets.

4. Your Relationship with Your Payers

You may only use the Fetch Service for legitimate transactions with your Payers.

We are not responsible for the goods or services you publicize or sell, or that your Payers purchase using the Fetch Service, or if you accept donations, for your communication to your Payers of the intended use of such donations. You are solely responsible for the nature and quality of the goods or services you provide, and for delivery, support, refunds, returns, and for any other ancillary goods or services you provide to your Payers.

Although we provide the Fetch Service to you, we have no way of knowing if any particular Transaction is accurate or complete, or typical for your business. You are responsible for knowing whether a Transaction initiated by your Payer is erroneous or suspicious. If you are unsure if a Transaction is erroneous or suspicious, you agree to research the Transaction and, if necessary, contact your Payer before fulfilling or completing the Transaction. You are solely responsible for any losses you incur due to erroneous or fraudulent Transactions in connection with your use of the Fetch Service.

It is very important to us that your Payers understand the purpose, amount, and conditions of Charges you submit to us. With that in mind, when using the Fetch Service you agree to: (a) accurately communicate, and not misrepresent, the nature of the Transaction, and the amount of the Charge; (b) provide Payers a meaningful way to contact you in the event that the goods or services are not provided as described; (c) not use Services to sell goods or services in a manner that is unfair or deceptive, exposes Payers to unreasonable risks, or does not disclose material terms of a purchase in advance.

You also agree to maintain and make available to your Payers a fair and neutral return, refund, cancellation, or adjustment policy, and clearly explain the process by which Payers can receive a Refund. If you engage in Transactions with Payers who are individuals (i.e. consumers), you specifically agree to provide all consumer disclosures required by Law.

You agree to indemnify us and our subsidiaries, agents, licensors, managers, and other affiliated companies, and our and their staff members, contractors, agents, officers and directors for any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including the actual legal fees charged by our solicitors) we suffer or incur arising out of or related to your failure to properly describe or deliver goods or services, or comply with your legal or contractual obligations to your Payers.

5. Support

We will provide you with support to resolve general issues relating to your User Account and your use of the Fetch Service.

You are solely responsible for providing support to your Payers regarding any Transaction receipts other than those provided by the Fetch Service, goods or service delivery, support, returns, refunds, and any other issues related to your goods and services and business activities. Unless we have agreed otherwise in a separate agreement with you or your Payers, we are not responsible for providing support for the Fetch Service to your Payers.

6. Processing Transactions; Disputes, Refunds, Reversals

You may only submit Charges through the Fetch Service that are authorized by your Payers. To enable us to process Charges for you, you authorize and direct us, our affiliates, the Payment Method Providers and Payment Method Acquirers to receive and settle any payment processing proceeds owed to you through the Fetch Service. You may not, other than as required by the Payment Method Rules, grant or assign any interest in payment processing proceeds to any third party until such time as the payment processing proceeds are deposited into your Payout Account.

We are not responsible for or liable to you for authorized and completed Charges that are later the subject of a Dispute, Refund, or Reversal, are submitted without authorization or in error, or violate any Laws.

You are immediately responsible to us for all Disputes, Reversals, or Fines regardless of the reason or timing. We may delay execution of payouts or terminate your User Account should a Dispute, or Reversal against your account occur.

Should a Dispute or Reversal occur you agree to fully cooperate and provide all supporting evidence and documentation requested by us to submit against the case. You also agree that we may: (a) withhold execution of payouts equal to or greater than the Dispute or Reversal amount; (b) suspend or terminate your User Account and you agree to: (c) to reimburse us for the amount of the Dispute or Reversal as well as any associated fees until the Dispute or Reversal is ruled in your favour. This reimbursement must be done by bank transfer to the bank account instructed by us within 3 business days after our notification of Dispute or Reversal and request for reimbursement. If the Dispute or Reversal is ruled in your favour these funds will be returned to you within 3 business days. If the Dispute or Reversal is ruled in the Payer’s favour these funds will not be returned to you.

We do not and will not insure you against losses caused by fraud under any circumstances. Even if we work with you to assist you or law enforcement in recovering lost funds, we are not liable to you, or responsible for your financial losses or any other consequences of such fraud. Our Services provide security controls to mitigate the risk of fraud losses, but we do not guarantee no fraudulent transactions can occur.

You must not agree to or initiate any refund or cancellation through the Fetch Service. All refunds issued to your Payer must be handled outside of the Fetch Service. If your Payer requests a refund this must be handled directly between you and your Payer. We will not be responsible for issuing or resolving any requests for refunds.

7. Payment Method Rules

You must comply with all applicable Payment Method Rules.

The Payment Method Rules state that you may only accept payments using payment cards for bona fide legal commercial transactions between you and your Payers for goods or services that are free of liens, claims, and encumbrances. You may only use payment network trademarks or service marks consistent with the Payment Method Rules, and the Payment Method Rules also limit your ability to discriminate by card type or charge surcharges for acceptance of payment cards.

The Payment Method Providers may amend their Payment Method Rules at any time without notice to you, and we reserve the right to change the Fetch Service at any time to comply with the Payment Method Rules. We may share with the Payment Method Provider (and the Payment Method Acquirer) information you provide to us that we use to identify the nature of your goods or services, including the assignment of your business activities to a particular payment network merchant category code.

If you misuse the Fetch Service or engage in activity the Payment Method Provider identifies as damaging to their brand, or if we are required to do so by the Payment Method Rules, we may submit information about you, Representatives, your beneficial owners and principals, and other individuals associated with your User Account, to the terminated merchant listings maintained by the Payment Method Providers. Addition to one of these lists may result in your inability to accept payments from payment cards. You understand and consent to our sharing this information and to the listing itself, and you will fully reimburse us for any losses we incur from third-party claims, and you waive your rights to bring any direct claims against us that result from such reporting. Our reporting of information under this paragraph is separate from any other right that we may exercise under this Agreement, and we may separately terminate this Agreement or suspend your User Account due to the misuse or damaging activity that caused us to make the report.

8. Service Requirements, Limitations and Restrictions

You must comply with all Laws applicable to your use of the Fetch Service and to Transactions. As applicable, this may include compliance with domestic and international Laws related to the use or provision of financial services, notification and consumer protection, unfair competition, privacy, and false advertising, and any other Laws relevant to Transactions.

You must not:

(a) use the Fetch Service to enable any person (including you) to benefit from any Prohibited Business, to facilitate illegal Transactions, or for personal, family or household purposes; or

(b) act, or allow others to act, as service bureau or pass-through agent for the Fetch Service with no added value to Payers.

9. Suspicion of Unauthorized or Illegal Use

We may refuse, condition, or suspend any Transactions that we believe:

(a) may violate this Agreement;

(b) are unauthorized, fraudulent or illegal; or

If we suspect or know that you are using or have used the Fetch Service for unauthorized, fraudulent, or illegal purposes, we may share any information related to such activity with the appropriate financial institution, regulatory authority, or law enforcement agency consistent with our legal obligations. This information may include information about you, your User Account, your Payers, and Charges made through your use of the Fetch Service.

10. Settlement and Payout Schedule

A. Your Payout Account

We will settle funds to your designated bank Payout Account. You affirm that you are authorized to initiate settlements to the Payout Account, and that the Payout Account is owned by you, and administered and managed by a financial institution located in the country in which your business is registered.

To update your Payout Account, you must contact us at support@ipaymy.com. If you request to update your Payout Account, then you must ensure that you continue to comply with the requirements of this section. We may require you to provide us with documentation providing proof demonstrating your compliance with this section, and your failure to provide such proof will constitute a breach of this Agreement.

B. Payout Schedule

The time it takes for us to initiate settlement to your Payout Account (“Payout Schedule”) is specified on our Site and all upcoming payouts will be indicated on your dashboard.

With your first transaction we may require a holding period before making initial settlement to the Payout Account. After the initial settlement of funds, we will settle funds to the Payout Account according to the Payout Schedule. However, please be aware that a Payment Method Provider, a Payment Method Acquirer, or the financial institution holding your Payout Account, may delay settlement for any reason. We are not responsible for any action taken by the institution holding your Payout Account to not credit the Payout Account or to otherwise not make funds available to you as you expect.

We reserve the right to change the Payout Schedule or to suspend settlement to you. Examples of situations where we may do so are: (a) where there are pending, anticipated, or excessive Disputes, Refunds, or Reversals; (b) in the event that we suspect or become aware of suspicious activity; or (c) where we are required by Law or court order.

We have the right to withhold settlement to your Payout Account upon termination of this Agreement if we reasonably determine that we may incur losses resulting from credit, fraud, or other legal risks associated with your User Account. If we exercise our right to withhold a Payout for any reason, we will communicate the general reason for withholding the Payout and give you an anticipated timeline for releasing the funds.

C. Incorrect Settlement

The information required for settlement will depend on the financial institution holding the Payout Account. Please make sure that any information about the Payout Accounts that you provide to us is accurate and complete. If you provide us with incorrect information: (a) you understand that funds may be settled to the wrong account and that we may not be able to recover the funds from such incorrect transactions; and (b) you agree that you are solely responsible for any losses you or third parties incur due to erroneous settlement transactions, you will not make any claims against us related to such erroneous settlement transactions, and you will fully reimburse us for any losses we incur.

11. Fees and Fines

We may revise the Fees at any time. However, we will provide you with at least 30 days’ advance notice before revisions become applicable to you.

In addition to the Fees, you are also responsible for any penalties or fines imposed in relation to your User Account on you or us, by any Payment Method Provider, Payment Method Acquirer or us resulting from your use of Fetch Service in a manner not permitted by this Agreement or the applicable Payment Method Rules.

You are solely responsible for, and we disclaim all liability for, the provision of any goods or services sold to your Payers as part of your use of the Fetch Service, and any obligations you may owe to your Payers. You will, at all times, remain liable to us for Disputes (including chargebacks), Refunds, and any fines that arise from your use of the Fetch Service.

You are also obligated to pay all taxes, fees and other charges imposed by any governmental authority, including any applicable goods and services, value-added, sales or other similar tax on the Fetch Service.

12. Taxes and Other Expenses

The Fees are exclusive of any applicable taxes.

You have sole responsibility and liability for:

(a) determining what, if any, taxes apply to the sale of your goods and services, acceptance of donations, or Payments you receive in connection with your use of the Fetch Service; and

(b) assessing, collecting, reporting, and remitting taxes for your business to the appropriate tax and revenue authorities.

You acknowledge that we will report the total amount of Payments you receive each calendar year as required by the appropriate tax and revenue authorities.

13. Termination

In addition to our termination rights set out in clause 24 of the Terms, we may terminate this Agreement or close your User Account at any time for any reason including if:

(a) we determine in our sole discretion that you are ineligible for the Fetch Service because of significant fraud or credit risk, or any other risks associated with your User Account;

(b) you use the Fetch Service in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement;

(d) we are otherwise entitled to do so under this Agreement.

Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to stop accepting new Transactions and initiating Charges through the Fetch Service. If you terminate this Agreement, we will pay out any remaining funds owed to you.

In addition, upon termination you understand and agree that you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Fetch Service prior to termination.

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