Terms & Conditions

TENANTS

Your use of the services offered by iPaymy Technologies Pte Ltd (referenced here as “iPaymy”, “us” “we” or ” our company “) is governed by this Agreement between you and iPaymy.

We are a technology company with the following registered addresses:

  • iPaymy Technologies Pte Ltd: 5 Shenton Way #10-01 UIC Building Singapore 068808

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND iPaymy. IN ORDER TO USE THE SERVICES, YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IN ADDITION, YOU MUST READ, AGREE WITH AND ACCEPT OUR PRIVACY POLICY, AVAILABLE AT: here

BY USING THE SERVICES, OR BY CLICKING THE “I ACCEPT” BUTTON, YOU:
(1) AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME; (2) REPRESENT AND WARRANT THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE OF LEGAL AGE OR POSSESS THE CAPACITY TO CONTRACT OR, IF YOU ARE AN ENTITY, THAT YOU ARE A CORPORATION, PARTNERSHIP, OR OTHER LEGAL ENTITY DULY FORMED (AND INCORPORATED, IF APPLICABLE) IN GOOD STANDING; AND (3) REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM ACTS AS REQUIRED BY YOU UNDER THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, CLICK THE “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE REFUSAL AND DO NOT USE THE SERVICES.

1. Definitions

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

(a) “User Profile” means a user’s account created for unique identification;
(b) “Agreement” means these Terms of Use, including related schedules, policies and other documents that we may add ” on the Site, as may be amended from time to time;
(c) “Business Days” means Monday through Friday excluding national holidays;
(d) “Credit Card Payment” refers to the use of the services in Singapore or other relevant jurisdiction to make a payment of rents or fees via credit card by tenants to their Landlords or such relevant third parties where applicable;
(e) “Direct Debit Payment” refers to the use of the services in Singapore or other relevant jurisdiction to make a payment of rents or fees via a bank account from tenants to their Landlords or such relevant third parties where applicable;
(f) “Merchant Account” means a merchant account established at the Paying Bank into which one or more Payments may be made;
(g) “Payor” means you or any persons or entities using the services to make a Payment;
(h) “Payment” means a Credit Card Payment or a Direct Debit Payment as the case may be;
(i) “Payment Amount” refers to the aggregate dollar value of a Payment exclusive of license fee
(j) “License Fee” means the flat percentage fee charged by us to Payors (You) before a Credit Card Payment is made to the Landlord through the services, or such other promotional license fee that we may charge for the use of Services to make a Payment
(k) “Services” shall include the internet Payment services offered through the Website to facilitate the collection of certain payments by landlords, property owners and property managers including rent, condominium, and other property management fees;
(l) “Paying Bank” means the tenants’ or payors’ bank through which payment will be made; and
(m) “Users” means persons or entities using our services or the site.
(n) “Site” means the website located at www.ipaymy.com and all related webpages as well as any app (“Applications”) or any other media in an electronic form.

Our service and/or site allows Users to register oneself to make payment through our company to such other Users of this Site or services

2. As a condition of your use of this Site, you agree, represent and warrant that:

2.1 Your use of this Site will at all times comply with this Agreement

2.2 If you elect to create an account:

(a) You may create only one account for your personal use
(b) You may only use this Site to undertake genuine and legitimate transactions that comply with the letter and spirit of the terms herein
(c) You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.

If you are not or are unable to comply, you may not use the Site or the service.

2.3 You represent that you have the right to provide any and all information you submit to the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete.

2.4 We reserve the rights to refuse anyone to use the Site or the service in our absolute
discretion

3. Settlement

3.1 Payment Processor

Our Company is merely providing a service to facilitate the transaction of rental payments between you and your landlords and we are not and do not hold ourselves out as a bank, remittance agent or payment systems and we do not offer banking, money remittance or payment system services as defined by the applicable laws or the law of the Republic of Singapore. As a part of our services, our Company collects, analyses and relays information generated in connection with payments between you and your landlord. You authorise us to provide this information to your own bank or other entities as may be designated by you or your landlords in order to facilitate your transactions with them. When you make a Payment using our services, the transfer of the Payment amount is effected between the Paying Bank and the landlord’s bank (and not us). You accept and agree that our company does not collect or hold any Payment. As a result, the Paying Bank or your bank – and not our company – actually conducts the transactions. The Paying Bank is the party with sole responsibility for conducting the settlement of funds between you and the Payors.

3.2 License Fee

Immediately after you make a Payment using the service, our company will charge you a non-refundable license fee. This license fee is payable in addition to (and may at times accrue and fall due in advance of) the Payment Amount, and may be charged as a separate line item transaction on your credit card or bank statement. License fees are never deducted from or adjusted against Payment amounts. License fees are paid into such bank accounts as may be designated by us from time to time.

3.3 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. Our company is not responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction.

3.4 Credit Card Delays and Non Completion

Since Credit Card Payment processing times depend on administrative factors and institutional backlogs beyond our control, Credit Card Payments may take up at least 5 Business Days or such number of Business Days as we may notify to you to complete. Furthermore, completion of a Credit Card Payment is contingent on both the authorisation of the Credit Card Payment and acceptance of the Credit Card. In the event that a Credit Card Payment is unable to be completed, we will attempt to notify you at least once through our Site or using the contact information in your User Profile. In the case of such delay or non-completion, your liability to the intended recipient of the Credit Card Payment may be subject to penalties, late fees and interest charges assessed by such recipient, all of which remain your responsibility (and not us). If a Credit Card Payment is not completed, you are not entitled to a return of any license fees charged by us, irrespective of the reason for non-completion.

3.5 No Reversals

If your Payment is completed, you accept and agree that no refunds, cancellations or charge backs are permitted through the Site. If a Payment is refunded, cancelled or charged back by your credit card issuing bank, bank, or another person, you are not entitled to the return of any associated license fees, irrespective of the reason for such refund, cancellation or charge back. You accept and agree not to request a refund, cancellation or charge back of license fees from your credit card issuing bank, bank or any other person.

3.6 Pre-Authorised Debits and Recurring Payments

You hereby authorise us and our respective vendors and agents to initiate debit entries to any bank or credit card account you authorise us to debit funds from, or any other account maintained by you, all in accordance with this Agreement. YOU HEREBY WAIVE THE RIGHT TO RECEIVE ADVANCE NOTICE FROM US AND OUR VENDORS AND AGENTS OF ANY AND ALL SUCH DEBITS. This authorisation will remain in effect after termination of this Agreement and until all of your obligations to us have been paid in full. If you change your bank account, this authorisation will apply to the new account and you shall provide us, in writing, such information regarding the new account as we deem necessary. Such new account shall thereafter be and become the new bank account for the purpose of this Agreement. It may take us up to ten (10) business days after receipt of a written notice from you to reflect in our system any change to your bank account. If you change your bank account, you agree that you are responsible for all costs incurred by us in connection with your decision to change the account. You may revoke any preauthorisation upon thirty (30) days’ prior written notice to us.

3.7 Payment Limits

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

3.8 Insufficient Funds or Credit

NOTWITHSTANDING ANY OTHER PROVISION, OUR COMPANY IS NOT
RESPONSIBLE FOR THE PAYMENT OF RENT OR FEES TO YOUR LANDLORD OR
PROPERTY MANAGER: YOU ARE SOLELY RESPONSIBLE. ANY FAILURE IN
RELATION TO MAKING A PAYMENT TO YOUR LANDLORD OR PROPERTY MANAGER IS YOUR SOLE RESPONSIBILITY AND OUR COMPANY IS NOT LIABLE, IN ANY WAY, FOR YOUR FAILURE OR INABILITY TO MAKE PAYMENTS TO YOUR LANDLORD OR PROPERTY MANAGER. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SITUATION WHERE YOU HAVE INSUFFICIENT FUNDS OR CREDIT AVAILABLE TO MAKE A PAYMENT TO YOUR LANDLORD OR PROPERTY MANAGER AS A RESULT OF OUR COMPANY CHARGING ANY APPLICABLE LICENSE FEE FOR YOUR USE OF THE SERVICES.

3.9 Declined License Fees

If any license fee is declined for a payment you have made, your account will be considered in arrears. You will have 7 days to pay any outstanding license fees and put your account back into good standing. No additional license fees are applicable when paying the license fee through your account. Failure to do so may result in your account being suspended and/or a third party collections agency contacting you.

3.10 Default and Fraudulent Transactions

If any single transaction is investigated and is determined to be fraudulent, in our company’s sole discretion, we may terminate the relevant user’s account and such default and fraudulent transaction may be reported to legal authorities.

3.11 Payments to Partners

You may only make Payments to property owners, or such third parties who are authorised partners of our company and have entered into such agreements with us to provide such services at www.ipaymy.com.

4. Your Conduct on Our Site.

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. 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, we may limit your privileges on the Site and seek other remedies.

You shall also not engage in the following activities:

a) use the services other than exclusively for the remittance of rental, condominium or other property management fees, and not for the remittance of any other types of payments to other third parties as may be allowed by us from time to time;
b) make Payments using the services to provide yourself or any other person with a credit card cash advance
d) failing to respond in a reasonable and timely fashion to our communications
e) submitting any inaccurate information, committing fraud or falsifying information in connection with your account or in order to create multiple accounts and to provide, if requested, confirmation of your identity or any other information you have provided to us, and to cooperate with any investigations of the same by us or our third party delegates
f) attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorised to access
g) attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorisation;
h) tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by us
i) attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “imitation, by means of submitting a virus to our Site, or
j) disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious
k) take any action that may cause us to lose any of our services from our internet service providers, our Payment Processor or other suppliers.
l) infringe our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights , or rights of publicity or privacy or disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person
m) using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to directly or indirectly compete with or disrupt our activities
n) reselling or repurposing your access to the Site or any purchases made through the Site
o) using the Site or any of its resources to solicit other Users, business partners of our company or such other parties to become users or partners of other online or offline services directly or indirectly compete or disrupt or potentially compete or disrupt with us, including without limitation, aggregating current or previously offered service offerings
p) using any User or third party information from the Site for any commercial purpose, including, but not limited to, marketing
q) accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permissions
r) violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site
s) taking any action that places excessive demand on our services, or imposes, or mayimpose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion)
t) aggregating any live or post feature content or other information from the Site (whether using links or other technical means or physical records associated with Transactions made through this Site) with material from other sites or on a secondary site without our express written permission) deep linking to any portion of this Site without our express written permission;
v) acting illegally or maliciously against the business interests or reputation of our company or the Site and/or the Service
w) engaging in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement
x) intentionally or unintentionally violate any applicable law, statute, ordinance, regulation , rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange
y) stalk or otherwise harass another member
z) commit any fraudulent or unlawful act or use the Service for any commercial purposes.

4.2 Suspected Fraud

IF WE HAVE REASON TO BELIEVE, IN OUR SOLE DISCRETION, THAT YOU OR OTHERS MAY ENGAGE OR MAY HAVE ENGAGED IN ANY CRIMINAL OR CIVIL
VIOLATION OF APPLICABLE LAWS, WE MAY CEASE TO PROVIDE YOU THE SERVICES, AND WILL CONTACT THE APPROPRIATE ADMINISTRATIVE AND LAW
ENFORCEMENT AUTHORITIES. YOU AGREE TO COOPERATE FULLY WITH ANY SUCH INVESTIGATIONS.

5. Availability of the Site

5.1 You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Our company retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

5.2 We reserve complete and sole discretion with respect to the operation of Site. We may, among other things:

(a) Delete where applicable communications or private messages if it has not been accessed by a User within the time established by our policies
(b) Make available to third parties information relating to Site and Users (subject to our privacy policy)
(c) Withdraw, suspend or discontinue any functionality or feature of Site or the whole or such part of the Service
(d) Review uploaded files, conferences, Blogs, forums, chats and User Submissions and authorise restrictions on access thereto.

6. Ownership of the Site

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

7. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with us and the Site while it is being transmitted. In addition, our company is not responsible for any data lost during transmission.

8. Creating an Account on our Site

If you create an account on our Site, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations, we may terminate or suspend your account. If we terminate your account, you may not re-enrol or join under a new account unless we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

9. Information on the Site

We do not control the information provided by our Users. By using the Service, you assume all of the risks associated with the use of the Site and you agree to accept such risks and agree that our company is not responsible for the acts or omissions of any User or other third parties. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials. Our company does not currently conduct criminal background checks or screenings of its users. We do not inquire into the backgrounds of its users or attempt to verify the information provided by users. We make no representations or warranties as to the conduct of the users or other third parties of the Site.

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

We make no representations or warranties as to the conduct of the users or other third parties of the Site.

10. LIMITATION OF LIABILITY

10.1 YOU AGREE THAT OUR COMPANY IS MERELY PROVIDING A PLATFORM TO ALLOW YOU TO OBTAIN SERVICE FROM THIRD PARTIES AND THEREFORE, 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 AND (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 PAYORS OR THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH PAYORS OR THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE AND/OR THE SITE.

10.2 GENERAL LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE OUR COMPANY, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS 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 LANDLORDS OR THIRD PARTIES CONTRACTING WITH YOU ON THE SITE AND/OR (II) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), 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.

10.3 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 SERVICE; (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 SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE 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 SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. Links to Third Party Sites

The Site may contain links to third party websites that are not owned, operated, or controlled by us. Therefore, 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. Additionally, we cannot and will not censor or edit the content of any third party site. By using the Site, you expressly relieve us from any and all liability arising from your use of any third party website.

12. Intellectual Property

12.1 Ownership.

(a) Everything located on or in this Site and the Application is the exclusive property of our company or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this Site (or Microsites) or the Application without the express written permission of our company 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) This Site and the Application contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site and Application are protected by copyright as a collective work under the Singapore copyright laws. WE own the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of us or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Site and the Application.
(c) You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted our company the royalty free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Users to access, view, store or reproduce the material for that End User’s personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available on this Site and the Application.

12.2 Copyright Policy.

Our company reserves the right to terminate its agreement with you or any other User who infringes third party copyright.

12.3 If you believe that your materials has been copied, reproduced or otherwise dealt with by another party in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(a) a description of the copyrighted work or other intellectual property that you claim has been infringed
(b) the nature of the authorisation or relationship where it is alleged that a third party authorises the infringement by another
(c) where the material that you claim is infringing is located on the site
(d) your full name, address, telephone number, and email address
(e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the lawful owner
(f) a statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

12.4 If you believe any of your materials that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to the

Copyright Agent:

(a) your full name, address, telephone number, and email address
(b) identification of the material that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the contents removed
(d) A statement that you consent to the jurisdiction of the Singapore courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
12.5 If a counter-notice is received by the Copyright Agent, we may send a copy of the Counter-notice to the original complainant informing that we will replace the removed content or cease disabling it within 10 business days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, within 10 to 14 business days or more after receipt of the counter-notice.

12.6 In accordance with copyrights and other applicable law, our company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13. Disclaimer of Warranty

13.1 Without prejudice to the foregoing, you expressly agree that use of this Site and the Application is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither our company, its subsidiaries, affiliates or any of their respective staff members, agents, licensors, or any of their officers, directors, staff members or agents, warrant that use of the Site and the Application will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of this site, or (b) the accuracy, reliability or content of any information or service provided through this Site and the Application. The Site and Application are made accessible on an “as is” and “as available” basis. We hereby disclaim any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose.

13.2 The Site and the Application is 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.

14. The Terms of Use or any legal relationship between you and us shall be governed by the laws of Singapore without regard to its conflict of law provisions. Both you and we agree to submit to the nonexclusive jurisdiction of the courts of Singapore. The United Nations Convention on International Sales of Goods shall not apply here.

15. By posting or placing any information or other material such as but not limited to any pictures, photographs or videos in the Site (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to us a perpetual, royalty free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Site alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.

16. Indemnity

You agree to defend, indemnify and hold harmless our company and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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 but not limited to 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 term of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or wilful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code or (viii) the acts, omissions and default of your agents or representative in relation to the Site and Services.

17. Termination

We may terminate or update these Terms of Use at any time, or suspend access to the Site immediately, without prior notice or liability, if you breach any terms of this Agreement in particular the terms at clause 2 herein or for any other reason. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any of your passwords or accounts in the event our company considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

18. Additional Disclosures

18.1 No waiver by either you or our company 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 shall 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 shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

18.2 The provisions of these Terms of Use apply equally to and are for the benefit of our company, its subsidiaries, affiliates, and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

19. Miscellaneous

19.1 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.

19.2 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 shall otherwise remain in full force and effect and enforceable.

19.3 Assignability

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

19.4 Merger

Both parties agree that these Terms of Use and any other legal notices published by us on the Site or the Application, 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.

19.5 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.

19.6 Causes of Action

Any cause of action or claim you may have with respect to our company 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.

AGENTS

Your use of the Services offered by iPaymy Technologies Pte Ltd (referenced here as “iPaymy”, “us” or “we”) is governed by this Agreement between you and iPaymy.

We are a technology company with the following registered addresses:
• iPaymy Technologies Pte Ltd: 19 Cecil Street #04-01 The Quadrant Singapore 049704
• iPaymy Technologies Pte Ltd: 1-4 Argyll St London W1F7LD United Kingdom

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND IPAYMY. IN ORDER TO USE THE SERVICES, YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IN ADDITION, YOU MUST READ, AGREE WITH AND ACCEPT OUR PRIVACY POLICY, AVAILABLE AT: WWW.IPAYMY.COM

BY USING THE SERVICES, OR BY CLICKING THE “I ACCEPT” BUTTON, YOU:
(1) AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME;
(2) REPRESENT AND WARRANT THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE OF LEGAL AGE OR POSSESS THE CAPACITY TO CONTRACT, YOU ARE NOT AN UNDISCHARGED BANKRUPT OR, IF YOU ARE AN ENTITY, THAT YOU ARE A CORPORATION, PARTNERSHIP, OR OTHER LEGAL ENTITY DULY FORMED (AND INCORPORATED, IF APPLICABLE) IN GOOD STANDING AND THAT YOU SHALL COMPLY FULLY WITH ALL APPLICABLE LAWS, BYLAWS, RULES AND REGULATIONS THAT MAY APPLY TO YOU BY VIRTUE OF YOUR POSITION OR THE OFFICE THAT YOU HOLD AS WELL AS ANY APPLICABLE CODE OF CONDUCT OR ETHICS THAT MAY APPLY TO YOU FROM TIME TO TIME INCLUDING BUT NOT LIMTIED TO SUCH FROM THE COUNCIL OF ESTATE AGENCIES (“CEA”) OR SUCH OTHER APPLICABLE BODIES OR ENTITES;
(3) REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM ACTS AS REQUIRED BY YOU UNDER THIS AGREEMENT.

AS AN AGENT OR REPRESENTATIVE OR A SALESPERSON REGISTERED WITH THE COUNCIL FOR ESTATE AGENCIES (CEA) ACTING OR ACCESSING AN ACCOUNT ON BEHALF OF A PROPERTY OWNER OR LANDLORD OR TENANT (E.G., AS AN AGENT, PROPERTY MANAGER, ADMINISTRATOR, CONSULTANT, ANALYST, ETC.), YOU AGREE THAT THESE TERMS APPLY, MUTATIS MUTANDIS, TO YOUR ACTIVITIES ON BEHALF OF SUCH LANDLORD AND THAT YOU ARE DULY AUTHORISED BY THE LANDLORD OR SUCH OTHER THIRD PARTIES TO ENTER INTO THIS AGREEMENT ON THEIR BEHALF.
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT TICK THE “I AGREE TO IPAYMY’S TERMS AND CONDITIONS” OR OTHERWISE INDICATE REFUSAL AND DO NOT USE THE SERVICES.

1 Definitions

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

(a) “User Profile” means a User’s account created for unique identification;
(b) “Agreement” means these Terms of Use, including related schedules, policies and other documents that we may add on the Site, as may be amended from time to time;
(c) “Business Days” means Monday through Friday excluding national holidays;
(d) “Services” shall include the services offered through the Site to facilitate the administration and management of workflow for real estate agents;
(e)” Site” means the website located at www.ipaymy.com and all related webpages as well as any app (“Applications”) or any other media in an electronic form.

2. As a condition of your use of this Site, you agree, represent and warrant that:

2.1 Your use of this Site will at all times comply with this Agreement;

2.2 If you elect to create an account:

(a) You may create only one account for your personal use;
(b) You may only use this Site to undertake genuine and legitimate transactions that comply with the letter and spirit of the terms herein and any applicable laws, bylaws, rules or regulations as well as Code of conduct or ethics including but not limited to such in relation to the conduct and ethics of real estate agents or any other applicable profession or such as may be required from time to time by CEA
(c) You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
If you are not or are unable to comply, you cannot use the Site or the Service.

2.3 You represent that you have the right to provide any and all information you submit to the Site, that the information is about yourself, your clients (Landlords or Tenants), anyone that has authorised you, and that all such information is accurate, true, current and complete.

2.4 We reserve the rights to refuse to allow anyone to use the Site or the Service in their absolute discretion.

3 Default and Fraudulent Transactions

Should you be involved in, abet, undertake or cause to undertake any single transaction which is determined to be fraudulent, in iPaymy’s sole discretion, we may terminate your User’s account and such default and fraudulent transaction may be reported to the legal authorities.

4. Availability of the Site

4.1 You acknowledge that there may be interruptions in service or events that are beyond iPaymy’s control. While iPaymy will use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control, Site access may be interrupted, suspended or terminated. iPaymy retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

4.2 iPaymy reserves complete and sole discretion with respect to the operation of the Site. iPaymy may, among other things:

(a) Delete where applicable communications or private messages if it has not been accessed by a User within the time established by our policies;
(b) Make available to third parties information relating to Site and Users (subject to our privacy policy)
(c) Withdraw, suspend or discontinue any functionality or feature of Site or the whole or such part of the Service;
(d) Review uploaded files, conferences, blog, forums, chats and User Submissions and authorise restrictions to access thereto.

5. Ownership of the Site.

Your access to the Service is subject to a license from iPaymy to use the same and nothing herein shall be construed as a sale of any part of the Site or the rights or title to you. The content and information on the Site and the Service, as well as the infrastructure used to provide both, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of iPaymy and its licensors and other partners where relevant. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights and you shall not modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

6. Transmission of Information.

Because iPaymy do not control the security of the Internet or other networks you use to access the Site or communicate with us, iPaymy cannot be, and are not responsible for, the security of information that you choose to communicate with us and the Site while it is being transmitted. In addition, iPaymy is not responsible for any data lost during transmission.

7. Your Conduct on iPaymy’s Site.

iPaymy’s Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. 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, we may limit your privileges on the Site and seek other remedies.
You shall also not engage in the following activities:

(a) Use the Services other than exclusively for the receipt of rental and remittance of condominium or other property management fees, and the receipt and remittance of any other types of payments to other third parties as may be allowed by us from time to time;

(b) Make Payments using the Services to provide yourself or any other person with a credit card cash advance;

(c) Failing to respond in a reasonable and timely fashion to iPaymy’s communications;

(d) Submitting any inaccurate information, committing fraud or falsifying information in connection with your account or in order to create multiple accounts and attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorised to access;

(e) Attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorisation;

(f) Tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by iPaymy;

(g) Attempting to interfere with service to any User in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site; disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;

(h) Take any action that may cause iPaymy to lose any of our services from our internet service providers, our Payment Processor or other suppliers;

(i) Infringe iPaymy or any third party’s copyright, patent, trade-mark, trade secret or other intellectual property rights, or rights of publicity or privacy or disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;

(j) Using iPaymy’s Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to directly or indirectly compete with or disrupt our activities;

(k) Reselling or repurposing your access to the Site or any purchases made through the Site;

(l) Using the Site or any of its resources to solicit other Users, business partners of iPaymy or such other parties to become Users or partners of other online or offline services that directly or indirectly compete or disrupt or potentially compete or disrupt with iPaymy, including without limitation, aggregating current or previously offered service offerings;

(m) Using any User or third party information from the Site for any commercial purpose, including, but not limited to, marketing;

(n) Accessing, monitoring or copying any content or information from iPaymy’s Site using any robot, spider, scraper or other automated means or any manual process for any purpose without iPaymy’s express written permission;

(o) Violating the restrictions in any robot exclusion headers on the Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;

(p) Taking any action that places excessive demand on iPaymy’s services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);

(q) Aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with transactions made through this Site) with material from other sites or on a secondary site without our express written permission;

(r) Deep-linking to any portion of this Site without iPaymy’s express written permission;

(s) Acting illegally or maliciously against the business interests or reputation of iPaymy or the Site and/or the Service;
(t) Engaging in any other activity deemed by iPaymy to be in conflict with the spirit or intent of this Agreement;

(u) Intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;

(v) “Stalk” or otherwise harass another; or

(w) commit any fraudulent or unlawful act or use the Service for any commercial purposes.

8. Creating an Account on iPaymy’s Site.

If you create an account on iPaymy’s Site, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations, iPaymy reserves the right to terminate or suspend your account. If iPaymy terminate your account, you may not re-enroll or join under a new account unless we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and iPaymy reserves the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

9. Information on iPaymy’s Site.

We do not control the information provided by our Users. You may find other Users’ information to be inaccurate, harmful or offensive. By using the Service, you assume all of the risks associated with the use of the Site and you agree to accept such risks and agree that iPaymy is not responsible for the acts or omissions of any Users or other third parties. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials. iPaymy does not currently conduct criminal background checks or screenings of its Users. iPaymy do not inquire into the backgrounds of its Users or attempt to verify the information provided by Users. However, you agree to provide to iPaymy, if requested, confirmation of your identity or any other information you have provided to us, and to cooperate with any investigations of the same by us or our third party delegates;

We make no representations or warranties as to the conduct of the Users or other third parties of the Site.

10. LIMITATION OF LIABILITY

10.1 YOU AGREE AND ACKNOWLEDGE THAT IPAYMY IS 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 AND
(B) ANY CLAIMS FOR 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 PAYORS OR THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH PAYORS OR THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE AND/OR THE SITE.

10.2 GENERAL LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE IPAYMY, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO:

(A) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY PAYORS OR THIRD PARTIES CONTRACTING WITH YOU ON THE SITE AND/OR
(B) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), 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 IPAYMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IPAYMY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

(A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
(B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF IPAYMY’S SERVICE;
(C) ANY UNAUTHORISED ACCESS TO OR USE OF IPAYMY’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
(D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
(E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH IPAYMY’S SERVICE BY ANY THIRD PARTY;
(F) 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 SERVICE; AND/OR
(G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. Links to Third Party Sites.

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

12. Intellectual Property

12.1 Ownership

(a) Everything located on or in this Site and the Application is the exclusive property of iPaymy or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of the Site (or Microsites) or the Application without the express written permission of iPaymy 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) iPaymy’s Site and the Application contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site and Application are protected by copyright as a collective work under the Singapore copyright laws. iPaymy own the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission from iPaymy or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from iPaymy’s Site and Application.
(c) You will not upload, post or otherwise make available on iPaymy’s Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. iPaymy do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of iPaymy’s Site, you warrant that the owner of such material has expressly granted iPaymy the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Users to access, view, store or reproduce the material for that End User’s personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available on this Site and the Application.

12.3 Copyright Policy.

iPaymy reserves the right to terminate its agreement with you or any other User who infringes third-party copyright.

12.4 If you believe that your materials have been copied, reproduced or otherwise dealt with by another party in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

(a) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(b) The nature of the authorisation or relationship where it is alleged that a third party authorises the infringement by another;
(c) Where the material that you claim is infringing is located on the site;
(d) Your full name, address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

12.5 If you believe any of your materials that were removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to the Copyright Agent:

12.51 Your full name, address, telephone number, and email address;

12.5.2 Identification of the material that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled:

(a) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(b) A statement that you consent to the jurisdiction of the Singapore courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

12.6 If a counter-notice is received by the Copyright Agent, iPaymy may send a copy of the counter-notice to the original complainant informing that iPaymy will replace the removed content or cease disabling it within 10 business days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, within 10 to 14 business days or more after receipt of the counter-notice.

12.7 In accordance with copyrights and other applicable law, iPaymy has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. iPaymy may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13. Disclaimer of Warranty

13.1 Without prejudice to the foregoing, you expressly agree that use of iPaymy’s Site and Application is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither iPaymy, its subsidiaries, affiliates or any of their respective staff members, agents, licensors, or any of their officers, directors or staff members, warrant that use of the Site and Application will be uninterrupted or error free; nor do they make any warranty as to:
(a) The results that may be obtained from use of iPaymy’s Site, or

(b) The accuracy, reliability or content of any information or service provided through iPaymy’s Site and Application. The Site and Application are made accessible on an “as is” and “as available” basis. iPaymy hereby disclaim any representations, warranties and conditions, whether express or implied, including those to title non infringement, merchantability, and fitness for a particular purpose.

13.2 iPaymy’s Site and Application are controlled and offered by iPaymy from our offices in Singapore.
iPaymy make no representations that the Site and Application are appropriate or available for use in other locations. Those who access or use the Site and Application from other jurisdictions will have to satisfy themselves and ensure that they comply with local laws or regulations when doing so.

14. The Terms of Use or any legal relationship between you and iPaymy shall be governed by the laws of Singapore without regard to its conflict of law provisions. Both you and iPaymy agree to submit to the non-exclusive jurisdiction of the Courts of Singapore. The United Nations Convention on International Sales of Goods shall not apply here.

15. By posting or placing any information or other material such as but not limited to any pictures, photographs or videos in the Site (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to iPaymy a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Site alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.

16. Indemnity

You agree to defend, indemnify and hold harmless iPaymy and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:

(a) Your use of and access to the Service, including any data or content transmitted or received by you;
(b) Your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above;
(c) Your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights;
(d) Your violation of any applicable law, rule or regulation;
(e) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information;
(f) Negligent or willful misconduct; or
(g) Any other party’s access and use of the Service with your unique username, password or other appropriate security code or
(h) The acts, omissions and default of your agents or representative in relation to the Site and Services

17. Termination.

iPaymy may terminate or update these Terms of Use at any time, or suspend access to the Site immediately, without prior notice or liability, if you breach any terms of this Agreement in particular the terms at clause 2 herein or for any other reason. Without limiting the foregoing, iPaymy shall have the right to immediately terminate or suspend any of your passwords or accounts in the event iPaymy considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

18. Additional Disclosures

18.1 No waiver by either you or iPaymy 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 shall 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 shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

18.2 The provisions of these Terms of Use apply equally to and are for the benefit of iPaymy, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

19. Miscellaneous

19.1 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.

19.2 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 shall otherwise remain in full force and effect and enforceable.

19.3 Assignability.

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

19.4 Merger.

Both parties agree that these Terms of Use and any other legal notices published by iPaymy on the Site or the Application, 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 iPaymy, except as otherwise provided herein.

19.5 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 iPaymy in any respect whatsoever.

19.6 Causes of Action.

Any cause of action or claim you may have with respect to iPaymy 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.

LANDLORDS

Your use of the Services offered by iPaymy Technologies Pte Ltd (referenced here as “[iPaymy Technologies Pte Ltd (iPaymy)”, “us”, “we” or “our company”) is governed by this Agreement between you and iPaymy.

We are a technology company with the following registered addresses:

  • iPaymy Technologies Pte Ltd: 19 Cecil Street #04-01 The Quadrant Singapore 049704
  • iPaymy Technologies Pte Ltd: 1-4 Argyll St London W1F7LD United Kingdom

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND [iPaymy]. IN ORDER TO USE THE SERVICES, YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IN ADDITION, YOU MUST READ, AGREE WITH AND ACCEPT OUR PRIVACY POLICY, AVAILABLE AT: www.ipaymy.com

BY USING THE SERVICES, OR BY CLICKING THE “I ACCEPT” BUTTON, YOU: (1) AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME; (2) REPRESENT AND WARRANT THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE OF LEGAL AGE OR POSSESS THE CAPACITY TO CONTRACT, YOU ARE NOT AN UNDISCHARGED BANKRUPT OR, IF YOU ARE AN ENTITY, THAT YOU ARE A CORPORATION, PARTNERSHIP, OR OTHER LEGAL ENTITY DULY FORMED (AND INCORPORATED, IF APPLICABLE) IN GOOD STANDING; AND (3) REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM ACTS AS REQUIRED BY YOU UNDER THIS AGREEMENT. IF YOU ARE A THIRD PARTY ACCESSING AN ACCOUNT ON BEHALF OF A PROPERTY OWNER OR LANDLORD (E.G., AS A PROPERTY MANAGER, ADMINISTRATOR, CONSULTANT, ANALYST, ETC.), YOU AGREE THAT THESE TERMS APPLY, MUTATIS MUTANDIS, TO YOUR ACTIVITIES ON BEHALF OF SUCH LANDLORD AND THAT YOU ARE DULY AUTHORISED BY THE LANDLORD OR SUCH OTHER THIRD PARTIES TO ENTER INTO THIS AGREEMENT ON THEIR BEHALF.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, CLICK THE “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE REFUSAL AND DO NOT USE THE SERVICES.

1.1 Definitions

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

(a) “User Profile” means a user’s account created for unique identification;
(b) “Agreement” means these Terms of Use, including related schedules, policies and other documents that we may add on the Site, as may be amended from time to time;
(c) “Business Days” means Monday through Friday excluding national holidays;
(d) “Credit Card Payment” refers to the use of the Services in Singapore or other relevant jurisdictions to make a payment of rents or fees via credit card by tenants to their Landlords or such relevant third parties where applicable;
(e) “Direct Debit Payment” refers to the use of the Services in Singapore or other relevant jurisdiction to make a payment of rents or fees via a bank account of tenants to their Landlords or such relevant third parties where applicable;
(f) “Merchant Account” means a merchant account established at the Underwriting Bank into which one or more Payments may be made;
(g) “Payor” means a person or entity that has entered a lease or other property management agreement with you and uses the Services;
(h) “Payment” means a Credit Card Payment or a Direct Debit Payment as the case may be;
(i) “Payment Amount” refers to the aggregate dollar value of a Payment exclusive of the License Fee;
(j) “License Fee” means the flat percentage fee charged by us to Payors before a Credit Card Payment is made to you through the Service or such other promotional license fee that may be charged to Renters for using the Services to make a Payment to you. Services at such rates may be set out the following Services Fee Charges
(k) “Services” shall include the internet Payment services offered through the Site to facilitate the collection of certain payments by landlords, property owners and property managers including rent, condominium, and other property management fees;
(l) “Paying Bank” means the tenant’s or payor’s bank through which payment will be made;
(m) “Users” means persons or entities using our Services or the Site.
(n)”Site” means the website located at www.ipaymy.com and all related webpages as well as any app (“Applications”) or any other media in an electronic form.

1.2 Our Service and/or Site allows Users to register oneself to select online payment services through our company and our affiliates for their own use or for the use of others;

2. As a condition of your use of this Site, you agree, represent and warrant that:

2.1 Your use of this Site will at all times comply with this Agreement;

2.2 If you elect to create an account:

(a) You may create only one account for your personal use;
(b) You may only use this Site to undertake genuine and legitimate transactions that comply with the letter and spirit of the terms of the respective offers;
(c) You must safeguard your password and supervise the use of your account, and understand and agree that you are responsible for your own use and the use of your account by anyone you allow to access it.
If you are not or are unable to comply, you may not use the Site or the Service.
2.3 You represent that you have the right to provide any and all information you submit to the Site, that the information is only about yourself, and that all such information is accurate, true, current and complete.

2.4 We reserve the rights to refuse to allow anyone to use the Site or the Service in their absolute discretion.

3. Receiving Payments

3.1 Our Company’s Role and Your Responsibilities

Our company provides hosting and data processing services for property owners, landlords and property managers. Our company is merely providing a service to facilitate your transactions and we are not and do not hold ourselves out as a bank, remittance agent or payment systems and we do not offer banking, money remittance or payment system services as defined by the applicable laws or the law of the Republic of Singapore. As a part of our services, our company collects, analyses and relays information generated in connection with payments between the Payor and you. You authorise us to provide this information to your own bank or other entities as may be designated by you in order for the Paying Bank to facilitate the transactions between you and the Payor. As a result, the Paying Bank – and not our company – actually conducts the transactions. The Paying Bank is the party with sole responsibility for conducting the settlement of funds between you and the Payors. In order to do so, we must enter into agreements with other third parties. You are not a third-party beneficiary of these agreements. Some of these third parties may require a direct agreement with you. If you are required to enter into such an agreement and decline to do so, we may suspend or terminate your Merchant Account.

3.2 License Fee

Immediately after receiving a Payment, we will charge a non-refundable License Fee every time a Payor makes a Payment to you using the Service. This License Fee is payable in addition to (immediately after) the Payment Amount, and may be charged to Payors as a separate line item transaction on the Payer’s credit card or bank statement. License Fees are never deducted from or adjusted against Payment amounts. License Fees are paid into such bank accounts as may be designated by us from time to time.

3.3 Taxes

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

3.4 Credit Card Delays and Non-Completion

Since Credit Card Payment processing times depend on administrative factors and institutional backlogs beyond our control, Credit Card Payments submitted by Payors may take at least five (5) Business Days or such number of Business Days as we may notify to you. Furthermore, completion of a Credit Card Payment is contingent on both the authorisation of the Credit Card Payment and acceptance of the Credit Card Payment. In the event that payment from a Credit Card you are expecting to receive is unable to be completed, we will attempt to notify you at least once through our Site or using the contact information in your User Profile. In the case of such delay or non-completion, any liability created as a result of such delay is the responsibility of the applicable Payor. Any penalties, late fees, and interest charges applied against a late Payment are solely the responsibility of the Payor.

OUR COMPANY DISCLAIMS ANY WARRANTY OR GUARANTEE RELATED TO THE TIMELY PAYMENT OF ANY AMOUNTS DUE OR OWING TO YOU AS A RESULT OF ANY DELAY(S) THAT ARE OUTSIDE OF REASONABLE CONTROL OF OUR COMPANY OR THAT WHICH AROSE AS A RESULT OF THE DEFAULT, NEGLIGENCE OR OTHERWISE THE RESULTS OF THE ACTIONS OF THE PAYORS OR SUCH OTHER THIRD PARTIES.

3.5 No Reversals

Once you receive a Payment, you accept and agree that there are no refunds, cancellations or charge backs of Payments or License Fees are permitted through the Site.

3.6 Receiving Pre-authorised Payments

If you receive pre-authorised Payments, you must comply with the following requirements:

(a) Authorisation. You must receive the Payor’s prior authorisation for the amount, frequency, and duration of the pre-authorised Payment.
(b) Required Cancellation Procedures for Preapproved Payments. By using our Site and Service, you agree to provide Payors with the ability to cancel a Preapproved Payment within 10 Business Days of the scheduled date of the Preapproved Payment and that you agree that any such cancellation by the Payor shall be processed by us accordingly and that we will not be liable for any wrongful cancellation or related acts or omissions on the part of the Payors

3.7 Payment Limits

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

3.8 Insufficient Funds or Credit

OUR COMPANY IS NOT RESPONSIBLE FOR THE PAYMENT OF RENT OR FEES TO YOU BY A PAYOR, OTHER THAN TO THE EXTENT WE FACILITATE THE PROCESSING OF SUCH PAYMENT. ANY FAILURE IN RELATION TO A PAYOR’S ABILITY TO MAKE A PAYMENT TO YOU IS THE SOLE RESPONSIBILITY OF SUCH PAYOR, AND WE ARE NOT LIABLE, IN ANY WAY, FOR ANY FAILURE OR INABILITY OF A PAYOR TO MAKE A PAYMENT TO YOU. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SITUATION WHERE A PAYOR HAS INSUFFICIENT FUNDS OR CREDIT AVAILABLE TO MAKE A PAYMENT TO YOU AS A RESULT OF US CHARGING ANY APPLICABLE LICENSE FEE FOR USE OF THE SERVICES.

3.9 Default and Fraudulent Transactions

If any single transaction is investigated and is determined to be fraudulent, in our company’s sole discretion, we may terminate the relevant user’s account and such default and fraudulent transaction may be reported to legal authorities.

3.10 Payments from Payors

You may only receive Payments from Payors who are authorised partners of our company and have entered into the company Payor Terms of Use, available at www.iPaymy.com and its services providers (as applicable).

4. Receiving Payments

4.1 Receiving Payments

When a Payment is made to you using the Services, the Payment Amount will be transferred into your nominated bank account as provided by you and/or your agent, subject to the terms herein or any such other agreement that you may be required to enter into with us.

4.2 Delays and Non-Completion

You agree to accept all Payments made to you through the Services. You agree not to charge any person making Payment to you using the Services any penalties, late fees or interest charges on account of any delays in completing the Payment or if Payment cannot be completed because of any errors or omissions of the bank account details as provided by you and/or your agent, irrespective of the cause of such errors or omissions

5. Availability of the Site

5.1 You acknowledge that there may be interruptions in service or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Our company retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.

5.2 We reserve complete and sole discretion with respect to the operation of the Site. We may, among other things:

(a) Delete where applicable communications or private messages if it has not been accessed by a User within the time established by our policies;
(b) Make available to third parties information relating to Site and Users (subject to our privacy policy)
(c) Withdraw, suspend or discontinue any functionality or feature of Site or the whole or such part of the Service;
(d) Review uploaded files, conferences, blog, forums, chats and User Submissions and authorise restrictions to access thereto.

6. Ownership of the Site.

Your access to the Service is subject to a license from us to use the same and nothing herein shall be construed as a sale of any part of the Site or the rights or title to you. The content and information on the Site and the Service, as well as the infrastructure used to provide both, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of our company and its licensors and other partners where relevant. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights and you shall not modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products or services obtained from or through the Site.

7. Transmission of Information.

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not responsible for, the security of information that you choose to communicate with us and the Site while it is being transmitted. In addition, our company is not responsible for any data lost during transmission.

8. Your Conduct on Our Site.

Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. 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, we may limit your privileges on the Site and seek other remedies.

You shall also not engage in the following activities:

use the Services other than exclusively for the receipt of rental and remittance of condominium or other property management fees, and the receipt and remittance of any other types of payments to other third parties as may be allowed by us from time to time;
make Payments using the Services to provide yourself or any other person with a credit card cash advance;
failing to respond in a reasonable and timely fashion to our communications;
submitting any inaccurate information, committing fraud or falsifying information in connection with your account or in order to create multiple accounts and attempting to, or actually accessing data not intended for you, such as logging into a server or an account which you are not authorised to access;
attempting to scan, or test the security or configuration of the Site or to breach security or authentication measures without proper authorisation;
tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by us;
attempting to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Site, or attempts at overloading, “flooding”, “spamming”, “mail bombing” or “crashing” the Site;
disseminating or transmitting material that, to a reasonable person, may be considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
take any action that may cause us to lose any of our services from our internet service providers, our Payment Processor or other suppliers;
infringe our or any third party’s copyright, patent, trade-mark, trade secret or other intellectual property rights, or rights of publicity or privacy or disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to directly or indirectly compete with or disrupt our activities;
reselling or repurposing your access to the Site or any purchases made through the Site;
using the Site or any of its resources to solicit other Users, business partners of our company or such other parties to become users or partners of other online or offline services that directly or indirectly compete or disrupt or potentially compete or disrupt with us, including without limitation, aggregating current or previously offered service offerings;
using any User or third party information from the Site for any commercial purpose, including, but not limited to, marketing;
accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
aggregating any live or post-feature content or other information from the Site (whether using links or other technical means or physical records associated with transactions made through this Site) with material from other sites or on a secondary site without our express written permission;
deep-linking to any portion of this Site without our express written permission;
acting illegally or maliciously against the business interests or reputation of our company or the Site and/or the Service;
engaging in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement;
intentionally or unintentionally violate any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
“stalk” or otherwise harass another; or
commit any fraudulent or unlawful act or use the Service for any commercial purposes.

9. Creating an Account on our Site.

If you create an account on our Site, you may only create and hold one (1) account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations, we may terminate or suspend your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the Site or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.

10. Information on the Site.

We do not control the information provided by our Users. You may find other Users’ information to be inaccurate, harmful or offensive. By using the Service, you assume all of the risks associated with the use of the Site and you agree to accept such risks and agree that our company is not responsible for the acts or omissions of any users or other third parties. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials. Our company does not currently conduct criminal background checks or screenings of its users. We do not inquire into the backgrounds of its users or attempt to verify the information provided by users. However, you agree to provide to us, if requested, confirmation of your identity or any other information you have provided to us, and to cooperate with any investigations of the same by us or our third party delegates;

We make no representations or warranties as to the conduct of the users or other third parties of the Site.

11. LIMITATION OF LIABILITY

11.1 YOU AGREE THAT OUR COMPANY IS MERELY PROVIDING A PLATFORM TO ALLOW YOU TO OBTAIN SERVICES FROM THIRD PARTIES AND THEREFORE, 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 AND (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 PAYORS OR THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH PAYORS OR THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE AND/OR THE SITE.

11.2 GENERAL LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE OUR COMPANY, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS 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 PAYORS OR THIRD PARTIES CONTRACTING WITH YOU ON THE SITE AND/OR (II) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), 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.

11.3 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 OUR SERVICE; (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 SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE 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 SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

12. Links to Third Party Sites.

The Site may contain links to third-party websites that are not owned, operated, or controlled by us. Therefore, 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. Additionally, we cannot and will not censor or edit the content of any third party site. By using the Site, you expressly relieve us from any and all liability arising from your use of any third party website

13. Intellectual Property

13.1 Ownership

(a) Everything located on or in this Site and the Application is the exclusive property of our company or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this Site (or Microsites) or the Application without the express written permission of our company 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) This Site and the Application contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site and Application are protected by copyright as a collective work under the Singapore copyright laws. WE own the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of us or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Site and the Application.
(c) You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted our company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Users to access, view, store or reproduce the material for that End User’s personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available on this Site and the Application.
13.2 Copyright Policy.

Our company reserves the right to terminate its agreement with you or any other User who infringes third-party copyright.

13.3 you believe that your materials have been copied, reproduced or otherwise dealt with by another party in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:

a description of the copyrighted work or other intellectual property that you claim has been infringed;
the nature of the authorisation or relationship where it is alleged that a third party authorises the infringement by another;
where the material that you claim is infringing is located on the site;
your full name, address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law; and
a statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
13.4 If you believe any of your materials that were removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to the Copyright Agent:

your full name, address, telephone number, and email address;

Identification of the material that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
A statement that you consent to the jurisdiction of the Singapore courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
13.5 If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complainant informing that we will replace the removed content or cease disabling it within 10 business days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, within 10 to 14 business days or more after receipt of the counter-notice.

13.6 In accordance with copyrights and other applicable law, our company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

14. Disclaimer of Warranty

14.1 Without prejudice to the foregoing, you expressly agree that use of this Site and the Application is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither our company, its subsidiaries, affiliates or any of their respective staff members, agents, licensors, or any of their officers, directors, staff members or agents, warrant that use of the Site and the Application will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of this site, or (b) the accuracy, reliability or content of any information or service provided through this Site and the Application. The Site and Application are made accessible on an “as is” and “as available” basis. We hereby disclaim any representations, warranties and conditions, whether express or implied, including those to title non infringement, merchantability, and fitness for a particular purpose.

14.2 The Site and the Application is 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 laws or regulations when doing so.

15. The Terms of Use or any legal relationship between you and us shall be governed by the laws of Singapore without regard to its conflict of law provisions. Both you and we agree to submit to the non-exclusive jurisdiction of the courts of Singapore. The United Nations Convention on International Sales of Goods shall not apply here.

16. By posting or placing any information or other material such as but not limited to any pictures, photographs or videos in the Site (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Site alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.

17. Indemnity.

You agree to defend, indemnify and hold harmless our company and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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 but not limited to 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 term of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code or (viii) the acts, omissions and default of your agents or representative in relation to the Site and Services

18. Termination.

We may terminate or update these Terms of Use at any time, or suspend access to the Site immediately, without prior notice or liability, if you breach any terms of this Agreement in particular the terms at clause 2 herein or for any other reason. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any of your passwords or accounts in the event our company considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

19. Additional Disclosures

19.1 No waiver by either you or our company 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 shall 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 shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.

19.2 The provisions of these Terms of Use apply equally to and are for the benefit of our company, its subsidiaries, affiliates and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

20. Miscellaneous

20.1 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.

20.2 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 shall otherwise remain in full force and effect and enforceable.

20.3 Assignability.

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

20.4 Merger.

Both parties agree that these Terms of Use and any other legal notices published by us on the Site or the Application, 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.

20.5 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.

20.6 Causes of Action.

Any cause of action or claim you may have with respect to our company 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.

EMPLOYERS

Your use of the Services made available by iPaymy Technologies Pte Ltd (Singapore Company Registration No. 201535772K) (referenced here as “iPaymy”, “us” or “we”) through this Site is governed by this Agreement between you and iPaymy.

We are a technology company with the following registered addresses:
iPaymy Technologies Pte Ltd: 19 Cecil Street #04-01 The Quadrant Building Singapore 049794;

PLEASE READ THIS AGREEMENT CAREFULLY. IT IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND iPaymy. IN ORDER TO USE THE SERVICES, YOU MUST READ, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IN ADDITION, YOU MUST READ, AGREE WITH AND ACCEPT OUR PRIVACY POLICY, AVAILABLE AT: (https://ipaymy.com/privacy-policy/)

BY USING THE SERVICES, OR BY CLICKING THE “I ACCEPT” BUTTON, YOU:

(1) AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL AMENDMENTS MADE FROM TIME TO TIME;

(2) REPRESENT AND WARRANT THAT, IF YOU ARE AN INDIVIDUAL, YOU ARE OF LEGAL AGE OR POSSESS THE CAPACITY TO CONTRACT OR, IF YOU ARE AN ENTITY, THAT YOU ARE A CORPORATION, PARTNERSHIP, OR OTHER LEGAL ENTITY DULY FORMED (AND INCORPORATED, IF APPLICABLE) IN GOOD STANDING; AND

(3) REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND PERFORM THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, CLICK THE “I DO NOT AGREE” BUTTON OR OTHERWISE INDICATE REFUSAL AND DO NOT USE THE SERVICES.

1. Definitions

1.1 When used in this Agreement, each of the following words and phrases shall have the meanings set out below:
(a) “Agreement” means these Terms and Conditions governing Services (including related schedules, policies and other documents that we may set out or refer to on the Site) as may be amended or supplemented from time to time;
(b) “Business Day” means a day falling on Monday through Friday, excluding a gazetted public holiday, in Singapore;
(c) “Credit Card Payment” refers to payment by use of credit card;
(d) “Direct Debit Payment” refers to payment by direct debit authorisation;
(e) “Employee” means a person who has entered into or works under a contract of service with an Employer;
(f) “Employer” means a person who employs an Employee under a contract of service;
(g) “Instruction” means any instruction, message, information or other communication transmitted through the Services;
(h) “Paying Bank” means the bank through which the relevant Payment will be made;
(i) “Payment” means a Credit Card Payment or a Direct Debit Payment as the case may be;
(j) “Payment Amount” refers to the aggregate dollar value of a Payment exclusive of Service Fee;
(k) “Salary” means all remuneration including allowances payable to an Employee in respect of work done under his contract of service and payable through the use of the Services (except such item(s) as specifically excluded by iPaymy and Employer);
(l) “Service Fee” means the fee charged by us to Employers in relation to the use of the Services to make a Payment;
(m) “Services” means all services which we may make available on the Site (including services which facilitate the payment of Salary to Employees);
(n) “Site” means the website located at www.ipaymy.com (or such other address as we may prescribe from time to time) and all related webpages as well as any app or any other media in an electronic form;
(o) “Transaction” means any transaction or instruction effected or issued, or purported to be effected or issued, through the Services;
(p) “User Profile” means a user’s account created for unique identification;
(q) “Users” means persons or entities using our Services or the Site.

1.2 In this Agreement:
(a) words importing a gender include every gender;
(b) headings are for convenience only and shall not affect the interpretation of the relevant provisions;
(c) references to a “person” includes any individual, firm, corporation, organisation or other entity;
(d) unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa.

2. Use of Site and Services

2.1 You must create a User Profile and provide all relevant information as we may require in order to make Payment through us to your Employees.

2.2 As a condition of your use of this Site or the Service, you agree, represent and warrant that:
(a) Your use of this Site will at all times comply with this Agreement and not violate any applicable law or regulation (including without limitation laws against money laundering activities);
(b) You may create only one account for your personal use;
(c) You may only use this Site to undertake genuine and legitimate transactions that comply with the letter and spirit of the terms herein;
(d) You shall safeguard your password and supervise the use of your account;
(e) Where you provide any personal data to us (including personal data of Employees), you have obtained the express consent of the relevant individuals to the collection, use and disclosure of their personal data by us for the purposes contemplated in our Privacy Policy;
(f) All information that you provide to us is true, accurate, current and complete in all material aspects.

If you are not agreeable, or are unable to comply, you may not use the Site or the Service.

2.3 By creating a User Profile, you agree that we may store your details, Employee information, account numbers and Transaction information/history for use and processing in connection with the use of the Site or Services. You further agree to be solely responsible for maintaining the confidentiality of your password and other log-in details, and to only use your account to effect Transactions for yourself and not on behalf of another party.

2.4 You shall, upon any change being made to the information that you provide to us (including the particulars of authorised representatives, Employees or their designated bank accounts), forthwith provide any updates and/or changes of your User Profile on the Site. We shall not be bound by such updates and/or changes unless we have given an acknowledgement in writing of the receipt of the notice of such updates and/or changes.

2.5 Any use of and/or access to the Site or Services referable to your password shall be deemed to be your use of and/or access to the Site or Services. We are under no obligation to verify the authenticity or accuracy of any Instruction referable to your password. Such Instruction shall be deemed to be validly transmitted or issued, and you will be responsible for all Transactions effected (with or without your authority, knowledge or consent).

2.6 All Instructions are irrevocable and unconditional upon transmission through the Services. We are entitled (but not obliged) to process such Instructions and effect the relevant Transactions without any further consent from or notice to you. However, Payments are not final upon receipt of Instructions. In this regard, we shall be entitled (but not obliged) to reject Instructions if they are deficient in any way, and request for any additional verification and/or information prior to the execution of Instructions to make Payments.

2.7 We may at any time without giving any notice or reason:
(a) restrict, suspend and/or revoke any User’s right to access and/or use the Site or the Services;
(b) vary the manner of use of the Site or the Services;
(c) limit, suspend or terminate any or all of the Services;
(d) bar or restrict any Transaction, or allow any Transaction subject to such conditions as we deem appropriate;
(e) modify or discontinue, temporarily or permanently, any mode of Payment.

2A. Errors And Unauthorised Transactions

2A.1 You should regularly check your bank or other applicable statements and records relating to Payments effected to ensure that there are no errors or unauthorised Transactions. Transaction information/history in such form and updated at such periodic basis as we deem appropriate will be made available at the Site. You shall carefully examine the Transaction information/history and notify us of any mistakes, discrepancies or omissions contained therein, within 10 Business Days of our posting or update at the Site. If you do notify us of any mistakes, discrepancies or omissions contained therein within the stipulated period, the Transaction information/history shall be deemed correct and shall be conclusive and binding on you. Notwithstanding the foregoing, we reserve the right at any time, upon discovery, to correct any mistake, discrepancy or omission contained in any Transaction information/history and we shall notify you of any such correction as soon as reasonably practicable.

2A.2 You must immediately notify us if you believe, or have reason to believe:
(a) there has been an error in your Transaction information/history;
(b) there has been any unauthorised Instruction, Transaction or Payment;
(c) there has been any unauthorised access to your account, unauthorised use of your password or compromise in the confidentiality of your password.

2A.3 Upon receiving any notification above, we may choose to assist you out of goodwill by requesting on your behalf that the Paying Bank conduct an investigation to see if there has been an unauthorised Transaction or error.

2A.4 If you send a Payment to the wrong party or send a Payment for the wrong amount, we may choose to assist you out of goodwill in contacting the party that received the Payment to ask for a refund. However, we shall not be liable to reimburse any Payment or to reverse any Transaction that you have made as a result of your error or negligence.

3. Settlement

3.1 Payment Facilitation

(a) We are merely providing a service to facilitate the transaction of Salary payments, and we are not and do not hold ourselves out as a bank, remittance agent or designated payment system operator, and we do not offer banking, money remittance or designated payment system services as defined by the applicable laws or the law of the Republic of Singapore.
(b) We may collaborate with, or discontinue our collaboration with any supplier, service provider, aggregator, intermediary or agent in any location in Singapore or elsewhere we may deem appropriate in connection with any Salary payments. As a part of our Services, we collect, analyse and relay information generated in connection with your Salary payments. You authorise us to provide this information to any supplier, service provider, aggregator, intermediary or agent as we may deem appropriate in order to facilitate the Salary payments.
(c) When you make a Payment using our Services, the transfer of the Payment Amount is effected between the Paying Bank and the Employees’ designated bank (whether directly, or via any aggregator or intermediary, including iPaymy as necessary to complete the transfer). You authorise iPaymy to hold, receive, and disburse the Payment Amount to the Employees’ designated bank on your behalf when such Payment Amount from your Credit Card Payment transactions are received from the Paying Bank and any aggregator or intermediary. You further authorise us to hold the Payment Amount in a deposit account at such bank as we may in our sole and absolute discretion deem fit pending disbursement of the Payment Amount to your Employees’ designated bank in accordance with the terms of this Agreement. You agree you are not entitled to any interest (accrued or otherwise) or any other compensation associated with the Payment Amount held in our deposit account pending settlement to the Employees’ designated bank accounts, that you have no right to direct that deposit account (except for compliance with the Instruction for settlement to Employees’ designated bank accounts), and that you may not assign any interest or grant any security interest or lien whatsoever in the Payment Amount or the deposit account. From time to time, we may make available to you information regarding anticipated Payment Amount that we have received on your behalf from the Paying Bank and any aggregator or intermediary, which said Payment Amount are being held by us pending settlement to the Employees’ designated bank accounts. Your authorisations set forth herein will remain in full force and effect until this Agreement or your User Profile has been terminated.
(d) You accept and agree that we do not collect or hold any Payment Amount except in the capacity referred to in sub-clause (c) herein. Save for the foregoing, the Paying Bank and any aggregator or intermediary (as the case may be) are therefore the parties with responsibility for conducting the settlement of the Payment Amount and any related transfer of monies between you and the Employees. You agree that you are subject to the applicable user agreement for your selected mode of Payment, and you may not claim against for any failure, disruption or error in connection with your selected mode of Payment.
(e) For the avoidance of any doubt, you shall remain responsible and fully liable to comply with the Employment Act of Singapore (Cap. 91) and such other relevant laws, regulations, policies, guidelines or rules in relation to employment (including without limitation, the issuance of itemised pay slips to Employees, keeping of record of all pay slips issued and/or the provision of all key employment terms).

3.2 Service Fee

Immediately after you make a Payment using the Service, we will charge you a non-refundable Service Fee. This Service Fee is payable in addition to (and may at times accrue and fall due in advance of the payment of) Payment Amount, and may be charged as a separate line item transaction on your credit card or bank statement. Service Fees are never deducted from or adjusted against Payment Amounts. Service Fees are payable free and clear of any deduction whatsoever to such bank accounts as we may designate from time to time.

3.3 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 will not be responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction.

3.4 Credit Card Delays and Non Completion

Since Credit Card Payment processing times depend on administrative factors and institutional backlogs beyond our control, Credit Card Payments may take up at least 5 Business Days or such number of Business Days as we may notify to you to complete. Furthermore, completion of a Credit Card Payment is contingent on both the authorisation of the Credit Card Payment and acceptance of the Credit Card. In the event that a Credit Card Payment is unable to be completed, we will attempt to notify you at least once through our Site or using the contact information in your User Profile. Any liability that may arise in connection with any delay or non-completion of a Credit Card Payment (including any penalties, fines or late charges imposed by any authority) shall remain your responsibility (and not us). If a Credit Card Payment is not completed, you are not entitled to a return of any Service Fees charged by us, irrespective of the reason for non-completion.

3.5 No Reversals

If your Payment is completed, you accept and agree that no refunds, cancellations or charge backs are permitted through the Site. If a Payment is refunded, cancelled or charged back by your credit card issuing bank or any other person, you shall not be entitled to the return of any associated Service Fees, irrespective of the reason for such refund, cancellation or charge back.

3.6 Pre-Authorised Debits and Recurring Payments
(a) You hereby authorise us and our respective suppliers, service providers, aggregators, intermediaries and agents to initiate, instruct and facilitate any Credit Card Payment or Direct Debit Payment, all in accordance with this Agreement. YOU HEREBY WAIVE THE RIGHT TO RECEIVE ADVANCE NOTICE FROM US AND OUR SUPPLIERS, SERVICE PROVIDERS AND AGENTS OF ANY AND ALL SUCH PRE-AUTHORISED DEBITS AND RECURRING PAYMENTS. This authorisation will remain in effect until termination of this Agreement provided that any authorisation for the recovery of Service Fee charged will remain in effect after termination of this Agreement and until all of your obligations to us have been paid in full.
(b) If you change your bank account or credit card, this authorisation will apply to the new bank account or credit card (as the case may be), and you shall provide us, in writing, such information regarding the new bank account or credit card as we deem necessary. Such new bank account or credit card shall thereafter be and become the new bank account or credit card for the purpose of this Agreement. It may take us up to ten (10) Business Days after receipt of a written notice from you to reflect in our system any change to your bank account or credit card. If you change your bank account or credit card, you agree that you are responsible for all costs incurred by us in connection with your decision to change the bank account or credit card.
(c) You may revoke any pre-authorised debits or recurring payments upon thirty (30) days’ prior written notice to us.

3.7 Payment Limits

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

3.8 Failure, Disruption, Error, Insufficient Funds or Credit

NOTWITHSTANDING ANY OTHER PROVISION, WE SHALL NOT BE LIABLE FOR ANY FAILURE, DISRUPTION OR ERROR ON THE PART OF ANY PAYING BANK AND ANY OTHER THIRD PARTY (INCLUDING ANY SUPPLIER, SERVICE PROVIDER AND AGENT) IN RELATION TO THE MAKING OF SALARY PAYMENTS. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY SITUATION WHERE:
(a) you have insufficient funds or credit available to make a payment to your Employees (whether or not as a result of our charging any applicable Service Fee for your use of the Services);
(b) your relevant funds or credit account is made subject to any legal process or any claim restricting Payment transactions or where the same is otherwise frozen, closed or suspended for any reason whatsoever;
(c) the relevant Paying Bank does not process your Payment promptly or correctly;
(d) the beneficiary account for Employee(s) is invalid or is otherwise frozen, closed or suspended for any reason whatsoever;
(e) you have provided inaccurate or incomplete Instructions relating to the Payment Amount and the details of the beneficiary account for Employee(s) to which such monies are to be transferred or paid to;
(f) there is an error in the Instructions during the course of transmission through the Services;
(g) you have not complied with the current procedures and directions for using the Services;
(h) we know or have reason to believe that a fraud or violation of applicable laws has been or will be committed.

3.9 Declined Service Fees

If the debit or payment of any Service Fee is declined for any reason whatsoever, your account will be deemed to be in arrears. You will have 7 days to pay any outstanding Service Fees and put your account back into good standing. No additional Service Fees are applicable when paying the Service Fee through your account. We reserve the right to suspend your account and/or engage a third party collections agency in relation to any outstanding Service Fee.

3.10 Default and Fraudulent Transactions

If any single transaction is investigated and is determined to be fraudulent, we may in our sole discretion terminate the relevant User account, and such default and fraudulent transaction may be reported to the relevant legal and/or regulatory authorities.

3.11 Payments

(a) You may only make Payments to Employees, or such third parties who have agreed to provide services in relation to the Site or Services.
(b) Certain Instructions has to be processed manually, and as such will not be processed on the Business Day on which such Instruction is received by iPaymy but on the following Business Days depending on the nature of the Instruction.
(c) You shall at all times be responsible to ensure that Employee details and beneficiary account details contained in your Instructions are correct. We will not be liable to in any way should such details be incorrect, inaccurate or incomplete in any way and results in Payment to a person or account other than the intended person or account.

4. Your Conduct on Our Site

4.1 Our Site is private property. All interactions on this Site 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, we may limit your rights of access, use and/or privileges on the Site and seek other remedies.

4.2 You shall use the Services exclusively for making Payment to Employees, and not engage or be engaged in any of the following activities:
(a) making any type of payments to other third parties unless otherwise permitted by us in writing from time to time;
(b) making Payments using the Services to provide yourself or any other person with a credit card cash advance;
(c) failing to respond in a reasonable and timely fashion to our communications;
(d) submitting any inaccurate information, committing fraud or falsifying information in connection with your account or creating multiple accounts;
(e) accessing or attempting to access data not intended for you, such as logging into a server or an account which you are not authorised to access;
(f) attempting to scan, or test the security or configuration of the Site, or to breach security or authentication measures without proper authorisation;
(g) tampering or interfering with the proper functioning of any part, page or area of the Site and any and all functions and services provided by us;
(h) attempting to interfere with any service to any user in any manner, or attempting to overload, duplicate or mirror our Site (including, without limitation, by means of submitting a virus to our Site);
(i) disseminating or transmitting material that may be reasonably considered abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
(j) taking any action that may cause disruption to any of our services from or collaboration with our suppliers, service providers, aggregators, intermediaries or agents;
(k) infringing our or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy or disseminating, storing or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
(l) using the Site or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to directly or indirectly compete with or disrupt our activities;
(m) reselling or repurposing your access to the Site, any content of the Site, or any Service;
(n) using the Site or any of its resources to solicit other users, our business partners or such other parties to become users or partners of other online or offline services which directly or indirectly compete with or disrupt (or which may potentially compete with or disrupt) us, including without limitation, aggregating current or previously offered service offerings;
(o) using any User or third party information from the Site for any commercial purpose, including, but not limited to, marketing;
(p) accessing, monitoring or copying any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permissions;
(q) violating the restrictions in any robot exclusion headers on this Site or bypassing or circumventing other measures employed to prevent or limit access to this Site;
(r) taking any action that places excessive demand on our services, or imposes, or may impose an unreasonable or disproportionately large load on our servers or other portion of our infrastructure (as determined in our sole discretion);
(s) aggregating any live or post feature content or other information from the Site (whether using links or other technical means or physical records associated with Transactions made through this Site) with material from other sites or on a secondary site without our express written permission) deep linking to any portion of this Site without our express written permission;
(t) acting illegally or maliciously against the business interests or reputation of iPaymy or the Site and/or the Service;
(u) engaging in any other activity which we deem to be in conflict with the spirit or intent of this Agreement;
(v) intentionally or unintentionally violating any applicable law, statute, ordinance, regulation, rule or code, including, but not limited to, any regulations, rules, notices, instructions or directives of any regulatory body or authority, governmental agency or national or other securities exchange;
(w) stalking or otherwise harassing another user of the Site;
(x) committing any fraudulent or unlawful act, or using the Service for any commercial purposes.

4.2 Suspected Fraud

IF WE HAVE REASON TO BELIEVE, IN OUR SOLE DISCRETION, THAT YOU OR OTHERS MAY ENGAGE OR MAY HAVE ENGAGED IN ANY CRIMINAL OR CIVIL VIOLATION OF APPLICABLE LAWS, WE MAY CEASE TO PROVIDE YOU THE SERVICES, AND WILL CONTACT THE APPROPRIATE ADMINISTRATIVE AND LAW ENFORCEMENT AUTHORITIES. YOU AGREE TO COOPERATE FULLY WITH ANY SUCH INVESTIGATIONS.

5. Availability of the Site

5.1 We do not warrant that the Services are error free or will operate without interruption or are compatible with any equipment, software or internet configuration. You acknowledge that there may be interruptions, suspension or terminations in connection with the usage of the Site, Service or events that are beyond our control, including without limitation from levels of use which are unusually large and which have the effect of causing disruption or delays in the Services. While we use reasonable efforts to keep the Site accessible, the Site or Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. We will have no liability whatsoever for any and all direct, indirect or consequential loss arising from any delay or failure to provide all or any loss in connection with such interruptions, suspension or terminations.

5.2 We reserve complete and sole discretion with respect to the operation of the Site. We may, among other things:
(a) Delete where applicable communications or private messages if it has not been accessed by a User within the time established by our policies;
(b) Make available to third parties information relating to the Site and Users (subject to our Privacy Policy);
(c) Withdraw, suspend or discontinue any functionality or feature of the Site or the whole or such part of the Service; and/or
(d) Review uploaded files, conferences, blogs, forums, chats and User submissions and authorise restrictions on access thereto.

6. Ownership of the Site

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

7. Transmission of Information

Because we do not control the security of the Internet or other networks you use to access the Site or communicate with us, we cannot be, and are not responsible or liable for, the security of information that you choose to communicate with us and the Site while it is being transmitted. In addition, iPaymy is not responsible for any data lost during transmission.

8. Creating an Account on our Site

You may only create and hold one (1) account that you shall be solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations, we may terminate or suspend your account. If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you to do so. If you commit fraud or falsify information in connection with your use of the Site or the Service, or in connection with your account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages caused by your conduct, to pursue legal action through relevant local and national law enforcement authorities and to notify your internet service provider of any fraudulent activity we associate with you or your use of the Site or the Service.

9. Information on the Site

9.1 We do not control the information provided by our Users. By using the Service, you assume all of the risks associated with the use of the Site and you agree to accept such risks and agree that iPaymy is not responsible for the acts or omissions of any User or other third parties. Notwithstanding the foregoing, we reserve the right to edit or remove any content placed on the Site, including any harmful, offensive, deceptive or unlawful materials. We do not currently conduct criminal background checks or screenings of our Users. We do not inquire into the backgrounds of our users or attempt to verify the information provided by our Users. We make no representations or warranties as to the conduct of the users or other third parties of the Site.

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

9.3 We make no representations or warranties as to the conduct of the users or other third parties of the Site.

10. LIMITATION OF LIABILITY

10.1 YOU AGREE THAT WE MERELY PROVIDE A PLATFORM TO FACILITATE SALARY PAYMENTS AND THEREFORE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE FOR (A) ANY BREACHES, FRAUD, DISHONESTY, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY EMPLOYEES OR THIRD PARTIES IN CONNECTION WITH THE MAKING OF PAYMENTS OR USE OF THE SITE (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 THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH THIRD PARTIES, WHETHER OR NOT RELATED TO THE USE OF THE SERVICE AND/OR THE SITE.

10.2 TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE IPAYMY, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO (A) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY EMPLOYEES OR THIRD PARTIES IN CONNECTION WITH THE MAKING OF PAYMENTS OR USE OF THE SITE AND/OR (B) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), 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.

10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SITE OR SERVICE; (C) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVICE BY ANY THIRD PARTY; (F) 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 SITE OR SERVICE; AND/OR (G) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

11. Links to Third Party Sites

11.1 The Site may contain links to third party websites that are not owned, operated, or controlled by us. You agree that we shall not assume responsibility for the content, privacy policies, or practices of such third party websites or the persons that own or operate them. Additionally, we cannot and will not censor or edit the content of any third party websites.

11.2 Any links to third party websites, including without limitation advertisement or hyperlinks to any other websites or content are not an endorsement or verification of such websites or content. You agree that you use and/or access such linked websites or content entirely at your own risk. By clicking on such links, you expressly relieve us from any and all liability arising from your use of any third party website.

12. Intellectual Property

12.1 Ownership

(a) Everything located on or in this Site is the exclusive property of iPaymy or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this Site (or microsites) without the express written permission of iPaymy 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) This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the Singapore copyright laws. We own the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of iPaymy or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Site.
(c) You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted iPaymy the royalty free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Users to access, view, store or reproduce the material for that User’s personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available on this Site.

12.2 We reserve the right to terminate our agreement with any User who infringes third party copyright.

12.3 If you believe that any of your materials has been copied, reproduced or otherwise dealt with by another party in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide us the following information:
(a) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(b) the nature of the authorisation or relationship where it is alleged that a third party authorises the infringement by another;
(c) where the material that you claim is infringing is located on the Site;
(d) your full name, address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the lawful owner;
(f) a statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.

12.4 If you believe any of your materials that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to us:
(a) your full name, address, telephone number, and email address;
(b) identification of the material that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the contents removed;
(d) A statement that you consent to the jurisdiction of the Singapore courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

12.5 If we receive a counter-notice, we may send a copy of the Counter-notice to the original complainant informing that we will replace the removed content or cease disabling it within 10 Business Days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, within 10 to 14 Business Days or more after receipt of the counter-notice.

12.6 In accordance with copyrights and other applicable law, iPaymy has adopted a policy of terminating, in appropriate circumstances, the right of access of Users who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

13. Disclaimer of Warranty

13.1 Without prejudice to the foregoing, you expressly agree that the use of this Site and the Service is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither iPaymy nor its subsidiaries, affiliates or any of their respective staff members, agents, licensors, or any of their officers, directors, staff members or agents, warrant that use of the Site and the Service 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 (b) the accuracy, reliability or content of any information or service provided through this Site and the Service. The Site and Service are made accessible on an “as is” and “as available” basis. We hereby disclaim any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose.

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

14. Governing Law

This Agreement or any other legal relationship between you and us shall be governed by the laws of Singapore without regard to its conflict of law provisions. Both you and we agree to submit to the nonexclusive jurisdiction of the courts of Singapore.

15. Licence

By posting or placing any information or other material such as but not limited to any pictures, photographs or videos in the Site (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to us a perpetual, royalty free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Site alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicenses.

16. Indemnity

You agree to defend, indemnify and hold harmless iPaymy and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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 but not limited to attorney’s fees) arising out of or related to: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third party rights, including without limitation any right of privacy or intellectual property rights; (d) your violation of any applicable law, rule or regulation; (e) User content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (f) negligent or wilful misconduct; or (g) any party’s access and use of the Service with your unique username, password or other appropriate security code; or (h) the acts, omissions and default of your agents or representative in relation to the Site and Services.

17. Termination

17.1 We may terminate this Agreement without liability at any time, without giving any prior notice or any reason. Without limiting the generality of the foregoing, we shall have the right to immediately terminate or suspend your account in the event we consider, in our sole discretion, any of your conduct to be unacceptable, or in breach of this Agreement.

17.2 The termination of this Agreement will not affect any rights or obligations accrued prior to the date of termination. You will still be responsible for any Transaction or Payment authorised or purportedly authorised by you prior to the date of termination.

17.3 Any provision of this Agreement capable of having effect after the termination of this Agreement shall remain in full force and effect following the termination of this Agreement. Without prejudice to the generality of the foregoing, Clauses 10 (Limitation of Liability), 14 (Governing Law), 16 (Indemnity), 18 (Disclosure) and 19 (Miscellaneous) shall survive the termination of this Agreement.

18. Disclosure

18.1 You acknowledge and accept that information that you have provided to us may be disclosed to any third party for the purpose of providing you with the Services.

18.2 Neither we nor any of our employees, suppliers, service providers, aggregators, intermediaries or agents shall be liable for any loss or damage which you suffer as a result of any disclosure of any information which you have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under applicable laws.

19. Miscellaneous

19.1 Reservation of Rights

(a) 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.
(b) No waiver by either you or iPaymy 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.

19.2 Severability

If any provision of this Agreement is held invalid or unenforceable by any court or arbitrator of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining provisions of this Agreement shall continue in full force and effect

19.3 Assignability

This Agreement, and any rights and licenses 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 shall be null and void.

19.4 Merger

Both parties agree that this Agreement and any other legal notices published by us on the Site or the Service, 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.

19.5 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.

19.6 Limitation Period

Any claim of any nature that you may have against us must be commenced within one (1) year after the claim arises, following which you shall have no further claim whatsoever against us. 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.

19.7 Entire Agreement and Amendments

(a) This Agreement and any subsequent amendments to it constitute the entire agreement between you and iPaymy.
(b) We may in our absolute discretion and forthwith upon notice to you at any time and from time to time add to, alter, vary, amend or modify any of the terms and conditions contained herein and you shall thereupon forthwith (or at such date as we specify) be bound by such addition, alteration, variation, amendment and modification.

19.8 Notices

All notices and communications by one party to the other party may be given in any one of the following ways:
(a) By Advice of Receipt registered or ordinary post to such address as notified in writing from time to time;
(b) By fax, email or other forms of electronic communication to such contact number, email address or other contact particulars as notified in writing from time to time.

In addition, iPaymy may give notice and communicate by display on the screen upon your access to the Site or the Services.

19.9 Evidence

Evidence in the form of iPaymy’s computer records, communication logs, transaction logs and computer printouts shall constitute conclusive evidence of Instructions and/or communications transmitted between iPaymy and you.

19.10 Anti-Money Laundering

We may take any action which we deem to be appropriate for compliance with applicable laws which relate to the prevention of money laundering, terrorist financing and the provision of services to any persons which may be subject to sanctions.

19.11 Third Party Rights

Except as specified herein, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce anything in this Agreement. Each of iPaymy’s subsidiaries, affiliates, and its third party content providers and licensors, shall have the benefit of the relevant provisions in this Agreement and the right to assert and enforce such provisions directly or on its own behalf.

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