Important – please read these terms carefully. By using the Service (as defined below), you agree that you have read, understood, accepted and agreed with the Terms of Use: Moolahgo Mobile Application and eWallet and the Terms of Use: Main. If you do not agree to these Terms of Use and wish to discontinue using the Service, please do not continue using the Application (as defined below) or the Service.
The Terms of Use stated herein (collectively, the “Terms of Use” or this “Agreement”) constitute a legal agreement between you (the “User”) and MOOLAHGO PTE. LTD. (the “Company”).
By using the Moolahgo mobile application supplied to you by the Company and/or its affiliates (the “Application”), and downloading, installing or using any associated software supplied by the Company (“the Software”) which overall purpose is to enable persons seeking to establish an account with the Company and use the Moolahgo Digital Wallet (the “moolahgo eWallet” and generally, the “Service”), you hereby expressly acknowledge and agree to be bound by these Terms of Use, and any future amendments and additions to these Terms of Use including the Terms of Use: Main as published from time to time at https://www.moolahgo.com/ or through the Application, and your continued use of the Service after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Terms of Use.
DISCLOSURE* MOOLAHGO PTE. LTD. is licensed and regulated by the Monetary Authority of Singapore as a Major Payments Institution (License No.: PS20200262) to provide Account Issuance, e-Money Issuance, Domestic Money Transfer, Cross-border Money Transfer and Money-changing Services. Please note that this does not mean you will be able to recover all the money you paid to Moolahgo Pte. Ltd. if Moolahgo’s business fails. While Moolahgo Pte. Ltd. is licensed under the Payment Services Act 2019 to carry on a business of providing money-changing services, the Act does not require moolahgo to duly deliver any currency purchased at such later time as may be agreed between moolahgo and you, or otherwise guarantee that any debt owing to you will be settled. You are advised to read the terms and conditions of our services carefully. * Issued pursuant to MAS Notice No.: PSN08 of the Payment Services Act 2019 (w.e.f. 28th January 2020) |
1. Use of moolahgo eWallet
- The moolahgo eWallet may be used for peer payments,
cross-border money transfer, domestic money transfer and foreign
currency exchanges. The moolahgo eWallet may also be used for
the sale and purchase of goods and services from all merchants
and agents lawfully offering moolahgo as a payment solution
(either by way of static/dynamic QR Code payment, settlement via
the Application, or online settlement), PROVIDED HOWEVER that no
payments in violation of the provisions of these Terms of Use,
including the User Conduct Policy (below) shall be permitted.
- There shall be no charges levied by the Company on usage of the
Application other than as agreed with you in writing. However,
Services conducted via the Application are subjected to
transactional charges. These charges will be made known to you
at the time of the transaction and prior to your confirmation.
- A full statement of User’s transactions of up to sixty (60)
calendar days may be requested by writing to moolahgo at
support@moolahgo.com. Transactions history beyond sixty (60)
calendar days and up to one hundred eighty (180) calendar days
is subjected to a fee of SGD 50 per report and may be requested
by writing to the same email address.
- You agree to immediately notify the Company by writing to
support@moolahgo.com or by calling our Customer Service number
listed on our website of any fraudulent activity or theft of
funds in the moolahgo eWallet of which you become aware.
- The Company has the right to suspend, or later reverse, the
processing of any transaction where it reasonably believes that
the transaction may be fraudulent, illegal or involves any
criminal activity or where the Company reasonably believes you
to be in breach of the Terms of Use.
- The Company reserves the right to suspend the use of your
account entirely, disable the cashless feature in the moolahgo
eWallet or block any financial instruments e.g credit or debit
card where it reasonably believes that the account activity may
be fraudulent, illegal or involves any criminal activity or
where the Company reasonably believes you to be in breach of the
Terms Of Use.
- Any charges incurred by the Company to suspend or reverse
transactions as a result of your breach of the Terms of Use will
be borne by you.
- Unless the context dictates otherwise, references in these
Terms of Use to the moolahgo eWallet, shall include all such
stored value facility e-wallets issued to Users by the Company
to include the moolahgo Consumer Wallet and the moolahgo
Merchant Wallet.
2. Use of the Service
- Payments services may be made directly in the moolahgo
application via the addition of a credit or debit card,
or via such other methods of making payment to merchants
as is available in the Application, or by the use of the
moolahgo eWallet.
- Users may choose to add any credit or debit cards or
such other methods of loading funds into the moolahgo
eWallet as are made available in the Application (each,
together with those payments in the first bullet point a
“Funding Source”).
- moolahgo reserves all rights to verify and authorize
the Funding Source details when you first register the
Funding Source with us as well as each time you use the
Service.
- In the case of debit or credit cards as Funding
Sources, you agree that we may issue a reasonable
authorization hold, which is not an actual charge
against your card, in order to verify your payment
method via your card. The hold may appear in your
statement as “pending”. The authorization hold is issued
as a preventive measure against any unauthorized or
fraudulent usage of your card.
- In the event your payment through the moolahgo eWallet
using a debit or credit card as your Funding Source, you
may be liable for any additional charges in relation
thereto.
- Your moolahgo eWallet will hold Singapore Dollars
together with those foreign currencies as are made
available to Users by the Company from time to time.
- In the event your payment through the moolahgo eWallet
is made to an overseas merchant offering goods or
services in a currency other than Singapore Dollars:
- Payment will first be
drawn from those multi-currency wallets which
match the advertised currency of settlement of
the merchant for such goods or services; and
- In the event that no
such currency as matches the currency of
settlement of the merchant is held by the User
in their moolahgo eWallet, payments will be made
by converting the payment amount to the home
currency of the moolahgo eWallet of the User at
moolahgo’s prevailing exchange rate.
- When you make or receive a payment, you are liable to
the Company for the full amount of the payment sent to
you plus any fees if the payment is later invalidated
for any reason including but not limited to claims,
chargebacks, or if there is a reversal of the payment.
You agree to allow the Company to determine (or in the
case where a debit or credit card is used as the Funding
Source, to work with your debit or credit card issuer)
to determine the appropriate party to incur the burden
of such claims, chargebacks or reversals and where
applicable to recover any amounts due to the Company by
debiting your moolahgo eWallet. For the avoidance of
doubt, if there is an error in relation to a transfer or
an entry is incorrect, we reserve the right to submit
corrected entries.
- You shall be responsible to resolve any disputes with
your debit or credit card company, or your bank in
relation to payments or top-ups of your moolahgo eWallet
on your own. The Company shall not be responsible for
any such lost or misdirected payments.
- You may choose to top-up your moolahgo eWallet
automatically by activating the “Auto Top-Up” option via
the Application. By activating “Auto Top-Up”, you
authorize us to transfer into your moolahgo eWallet a
specified amount that you have selected via the
Application by deducting from or charging to your
Funding Source, should the balance in your moolahgo
eWallet fall below a designated amount. To withdraw such
standing instruction, you may deactivate “Auto Top-Up”.
You hereby authorize us to perform such transfer from
the Funding Source in accordance with instructions via
the Application. Such authorizations and standing
instructions will remain effective and unchanged unless
you have requested to deactivate or cancel the “Auto
Top-Up” in accordance with such method as we may
prescribe and such request has been accepted by us. For
the avoidance of doubt, such cancellation shall only be
effective after we have confirmed acceptance of
cancellation of the Auto Top-Up function via the
Application and any transfers prior to such confirmation
shall proceed unaffected. Your instructions in relation
to such prior transfers are irrevocable.
- Where you have activated “Auto Top-Up”, you understand
and agree that you shall, at all times, maintain
sufficient funds available in your Funding Source(s).
Failing to do so may lead to a failure in the “Auto
Top-Up” resulting in failed payment transactions and/or
delays, among other consequences. You understand and
agree that we will not be responsible or liable in any
way for any such consequences of any nature whatsoever
and you agree not to take any action or to release us
from any claims whatsoever in relation to any such
consequences.
3. moolahgo eMoney
(a) You may purchase (“top-up”) and hold credits for the moolahgo
eWallet (“moolahgo eMoney”) via a Funding Source in Singapore
Dollars or such other foreign currencies that are offered.
(b) The maximum amount of moolahgo eMoney that a User of the moolahgo
eWallet can hold at any time is S$5,000 (or such equivalent
aggregate amount in foreign currencies), or such lesser limit as is
notified to you under the Application) and the total value of
personal payment transactions using the moolahgo eWallet in a
calendar year may not exceed S$30,000 (or such equivalent aggregate
amount in foreign currencies).
(c) You may transfer moolahgo eMoney between currencies wallets held
in your moolahgo eWallet at the applicable daily exchange rate,
which rate shall be notified to you immediately prior to completing
the transaction
(d) If you top-up moolahgo eMoney via any Funding Source, you are
deemed to have agreed to the Terms of Use of the Company’s
processing partners and your financial institution. You will bear
all fees that may be charged by such processing partners and/or your
financial institution (if any) for the payment method you have
selected.
(e) The Company may at its sole and absolute discretion reject your
request to purchase moolahgo eMoney or reject a payment transaction,
or refund a payment or other transaction, for any reason whatsoever,
including without limitation, where your proposed moolahgo eMoney
purchase:
I. would cause the
aggregate amount of stored value held by the Company, directly
or indirectly, alone or together with any person over whom the
Company has control or influence, to exceed any value permitted
under the prevailing laws and regulations; or
II. would cause the amount
of moolahgo eMoney held by you (or in the case of transfers of
moolahgo eMoney, the recipient of the transfer) to exceed the
respective maximum amount for the moolahgo eWallet detailed
above or any other regulatory or risk limit prescribed for that
moolahgo eWallet.
(f) You will not receive interest or other earnings on your moolahgo
eMoney. The Company may receive interest on amounts that the Company
holds on your behalf. You agree to assign your rights to the Company
for any interest derived from your moolahgo eMoney.
(g) You may check your moolahgo eMoney balance in the Application.
The moolahgo eMoney balance set out in the Application shall serve
as a conclusive evidence of your moolahgo eMoney balance.
(h) As moolahgo eWallet purchases, including moolahgo eWallet top-ups, may involve credit card
transactions through a financial institution, in the event of any
error in such transaction which results in chargebacks from the
financial institution, the Company reserves the right to clawback
the amount (up to the disputed amount) from your moolahgo eMoney or
by any other way it deems fit in its sole discretion.
(i) You hereby undertake not to hack into, interfere with, disrupt,
disable, over-burden or otherwise interfere with the accessibility
or impair the proper working of the Platform or Services, which
shall include but is not limited to denial-of-service attacks, spoof
attacks, session hacking, sniffing, tampering, reverse engineering
or reprogramming.
(j) You may top-up moolahgo eMoney by charging to your credit or
debit card issued to you locally in Singapore, subject to
administrative charges. You agree that upon the successful payment
via your credit or debit card, moolahgo eMoney purchased are not
refundable and you agree to bear all responsibilities for any
erroneous top-ups made via or to your moolahgo eWallet, accidentally
or otherwise. The Company reserves the right to clawback the amount
(up to the disputed amount) from your moolahgo eMoney or by any
other way it deems fit in its sole discretion should there be
chargebacks occurring as a result of erroneous top-ups.
(k) You may top-up moolahgo eMoney by purchasing prepaid top-up cards from participating retail stores as may from time to time be offered, provided or made available by Moolahgo to you and listed on the Moolahgo website. You agree that if you are affiliated with a retail store selling the Moolahgo prepaid top-up cards by virtue of your pending, current or past employment, consultation, management or ownership of the said retail store, you are prohibited from purchasing the Moolahgo prepaid top-up cards from the said store. The Company has the right to suspend your account and recover all eMoney from you which have been topped up via prepaid top-up cards that are in breach of the above terms.
(l) The prepaid top-up cards provided by Moolahgo are made available through a third-party vendor merchant acquiring services. Moolahgo does not guarantee the reliability, quality and availability of the third-party vendor services at all times.
4. Withdrawal and Transfer of moolahgo eMoney
(a) eMoney stored in the moolahgo eWallet are not redeemable for cash
nor are they refundable except at our absolute discretion. They
cannot be resold or transferred for value. The moolahgo eMoney shall
not be regarded, construed, or used as valuable or exchangeable
instruments under any circumstances.
(b) You may send moolahgo eMoney to, and receive moolahgo eMoney
from, other moolahgo eWallet Users. The Company may decide to
reverse or refuse transfers of moolahgo eMoney at any time and at
its sole discretion.
5. User Conduct Policy
(a) You agree to assume full responsibility and liability for all
loss or damage suffered by yourself, the Company or any third party
as a result of any breach of the Terms of Use.
(b) You agree not to use the Service in such a manner that you
violate any law, statute, ordinance or regulation.
(c) Save as permitted by the Company but subject always to applicable
laws and regulations, you agree not to perform transactions using
the moolahgo eWallet involving:
I. Adult media depicting or
related to illegal activity such as child pornography, rape,
incest, etc.
II. Any goods or services
promoting hate, violence, harm or intolerance in any form.
III. Any goods or services
subject to UN Security Council’s sanctions.
IV. Certain credit repair,
debt settlement services, credit transactions or insurance
activities.
V. Branded, trademarked or
copyrighted goods of any kind unless the seller is the
intellectual property / copyright holder or licensee.
VI. Circumvention services,
devices or software used to circumvent the law or remove
copyright protections.
VII. Deceptive business
practices such as Ponzi / pyramid schemes, multi-level
marketing, guaranteed results, investment or trading courses and
services.
VIII. Flammable, explosive,
pyrotechnic, toxic and hazardous materials including but not
limited to fireworks, explosives, radioactive materials and
substances, gunpowder.
IX. Gambling, gaming and/or
any other activity with an entry fee and a prize, including, but
not limited to casino games, sports betting, horse or greyhound
racing, fantasy sports, lottery tickets, other ventures that
facilitate gambling, games of skill (whether or not legally
defined as gambling) and sweepstakes;
X. Engaging in any foreign
exchange market disruption activities by colluding with another
user of the Platform to perform transactions at significantly
off-market rates;Human parts of any kind, including but not
limited to organs, body parts, human remains, body fluids, stem
cells, embryos.
XI. Illegal drugs. Related
accessories and products used to create or consume them such as
bongs, hookahs and similar devices.
XII. Items that encourage,
promote, facilitate or instruct others to engage in illegal
activity;
XIII. Items that infringe
or violate any copyright, trademark, right of publicity or
privacy or any other proprietary right under the laws of
Singapore or any jurisdiction;
XIV. Money service
businesses offered by entities other than the Company;
XV. Narcotics, steroids,
certain controlled substances or other products that present a
risk to consumer safety;/li>
XVI. No-value-added
services of any kind, including but not limited to resale of
government offerings without authorization or added value,
services that are unfair, deceptive, or predatory towards
consumers.
XVII. Offering or receiving
payments for the purpose of bribery or corruption;
XIX. Products of wildlife
trafficking, illegal hunting and poaching of endangered species
such as marine mammals, shark fins, rhino horns, ivory, deer
musk, bear bile, tiger penis, and any similar products;
XX. Sexually oriented
materials or services;.
XX. Stolen goods including
unlawfully acquired or copied digital and virtual goods;
XXI. The personal
information of third parties in violation of Singapore law;
XXII. The sale of
travelers’ cheques or money orders;
XXIII. The sales of
products or services identified by Singapore government agencies
to have a high likelihood of being fraudulent or to be being
transacted by the User in violation of Singapore law.
XXIV. Unlicensed travel
agents; or
XXV. Weapons of any kind
including firearms, ammunition, knives, nunchakus and related
products, parts or accessories thereof. Weapons or knives
regulated under Singapore law. Toys, gift and replicas of any
kind resembling closely any of such items.
6. Taxes, Fees & Charges
(a) You agree that this Agreement shall be subject to all prevailing
statutory taxes, duties, fees, charges and/or costs, however
denominated, as may be in force and in connection with any future
taxes that may be introduced at any point of time.
(b) You further agree to use your best efforts to do everything
necessary and required by the relevant laws to enable, assist and/or
defend the Company to claim or verify any input tax credit, set off,
rebate or refund in respect of any taxes paid or payable in
connection with the Service supplied under this Agreement.
(c) You agree that details of your moolahgo eWallet account and all
transactions thereunder may be provided on request to any tax
authorities either in Singapore or overseas where the purpose of
such request is the lawful payment of tax obligations and/or the
identification of assets for taxation.
7. License Grant & Restrictions
(a) The Company, its affiliates, where applicable hereby grant you a
revocable, non-exclusive, non-transferable, non-assignable,
personal, limited license to use the Application and/or the
Software, subject to the Terms of Use herein. All rights not
expressly granted to you are reserved by the Company.
(b) You hereby agree that you shall not:
- I. license, sublicense,
sell, resell, transfer, assign, distribute or otherwise
commercially exploit or make available to any third party the
Application and/or the Software in any way;.
- II. modify or make
derivative works based on the Application and/or the Software;
- III. create internet
“links” to the Application or “frame” or “mirror” the Software
on any other server or wireless or internet-based device;
- IV. reverse engineer or
access the Software in order to (i) build a competitive product
or service, (ii) build a product using similar ideas, features,
functions or graphics of the Application and/or the Software, or
(iii) copy any ideas, features, functions or graphics of the
Application and/or the Software;
- V. launch an automated
program or script, including, but not limited to, web spiders,
web crawlers, web robots, web ants, web indexers, bots, viruses
or worms, or any program which may make multiple server requests
per second, or unduly burdens or hinders the operation and/or
performance of the Application and/or the Software;
- VI. use any robot, spider,
site search/retrieval application, or other manual or automatic
device or process to retrieve, index, “data mine”, or in any way
reproduce or circumvent the navigational structure or
presentation of the Service or its contents;
- VII. post, distribute or
reproduce in any way any copyrighted material, trademarks, or
other proprietary information without obtaining the prior
consent of the owner of such proprietary rights; or
- VIII. remove any copyright,
trademark or other proprietary rights notices contained in the
Service.
(c) You may use the Software and/or the Application only for your
personal, non-commercial purposes or on behalf of your company if
you own a business account, and shall not use the Software and/or
the Application to:
- I. send spam or otherwise
duplicative or unsolicited messages;
- II. send or store
infringing, obscene, threatening, libelous, or otherwise
unlawful or tortious material, including but not limited to
materials harmful to children or violative of third party
privacy rights;
- III. send material
containing software viruses, worms, trojan horses or other
harmful computer code, files, scripts, agents or programs;
- IV. interfere with or
disrupt the integrity or performance of the Software and/or the
Application or the data contained therein;
- V. attempt to gain
unauthorized access to the Software and/or the Application or
its related systems or networks;
- VI. impersonate any person
or entity or otherwise misrepresent your affiliation with a
person or entity; or
- VII. engage in any conduct
that could possibly damage the Company’s reputation or amount to
being disreputable.
8. Intellectual Property Ownership
(a) The Company and its affiliates, where applicable, shall own all
right, title and interest, including all related intellectual
property rights, in and to the Software and/or the Application and
by extension, the Service and any suggestions, ideas, enhancement
requests, feedback, recommendations or other information provided by
you or any other party relating to the Service.
(b) These Terms of Use do not constitute a sale agreement and do not
convey to you any rights of ownership in or related to the Service,
the Software and/or the Application, or any intellectual property
rights owned by the Company.
(c) The Company’s name, the Company’s logo, the Service, the Software
and/or the Application and the third-party merchants or
transportation providers’ logos and the product names associated
with the Software and/or the Application are trademarks of the
Company and/or its affiliates or third parties, and no right or
license is granted to use them.
(d) For the avoidance of doubt, the term the “Software” and the
“Application” herein shall include its respective components,
processes and design in its entirety.
(e) Refer to Terms of Use – Main for additional terms.
9. Establishing your Identity
(a) moolahgo is required to collect personal information about you to
verify your identity.
(b) You agree such identity verification as specified in the moolahgo
Privacy and Personal Data Policy and Data Privacy & Personal Data
below.
10. Data Privacy & Personal Data
(a) You agree and consent to the Company collecting, using,
disclosing and processing your Personal Data for the Purposes and in
the manner as identified hereunder.
(b) For the purposes of this Agreement, “Personal Data” means
information about you, from which you are identifiable, directly or
indirectly, including but not limited to your name, identification
card number, birth certificate number, passport number, nationality,
address, telephone number, credit or debit card details, race,
gender, date of birth, email address, any information about you
which you have provided to the Company by any means and/or any
information about you that has been or may be collected, stored,
used and processed by the Company.
If the “Delivery”option is selected by the user, the user shall
provide the complete and accurate delivery address. Whilst MG will
take reasonable precautions to ensure the safe and timely delivery
of the monies, MG shall not be liable for any loss or discrepancies
in the amount of monies received by the user. The user must be
presentat the stipulated delivery address to collect the monies and
must show his / her ID for verification. MG will not handover monies
to another user or person.
(c) The provision of your Personal Data is voluntary. However, if you
do not provide the Company your Personal Data, your request for the
Application may be incomplete and the Company will not be able to
process your Personal Data for the Purposes outlined below and may
cause the Company to be unable to allow you to use the Service.
(d) The Company may collect, use, disclose and process your Personal
Data for business and activities of the Company which shall include,
without limitation the following (the “Purposes”):
- I. Adult media depicting or
related to illegal activitto perform the Company’s obligations
in respect of any contract entered with you;
- II. to provide you with any
services pursuant to the Terms of Use herein;
- III. process, manage or
verify your application for the Service pursuant to the Terms of
Use herein;
- IV. to validate and/or
process payments pursuant to the Terms of Use herein;
- V. to process any refunds,
rebates and/or charges pursuant to the Terms of Use herein;
- VI. to facilitate or enable
any checks as may be required pursuant to the Terms of Use
herein;
- VII. to develop, enhance
and provide what is required pursuant to the Terms of Use herein
to meet your needs;
- VIII. for internal
administrative purposes, such as auditing, data analysis,
database records;
- IX. for purposes of
detection, prevention and prosecution of crime including in
relation to its obligations under any applicable laws,
regulations, guidelines or notices issued by any government or
regulatory authority (whether in Singapore or overseas);
- X. for the Company to
comply with its obligations any applicable laws, regulations,
guidelines or notices issued by any government or regulatory
authority (whether in Singapore or overseas including disclosing
such Personal Data to Singapore and overseas law enforcement
agencies or courts);
- XI. to respond to
questions, comments and feedback from you;
- XII. in accordance with any
applicable laws permitting the use, collection, disclosure and
processing of Personal Data, provided that in the event your
data is shared with an external third party, such third party
shall be contractually obliged to provide no less protection for
that data than the Company.
(e) In addition to the above, the Company may wish to communicate
with you either by email, telephone or text message in relation to
the following matters (the “Marketing Purposes”):
- I. to process your
participation in any events, promotions, activities, focus
groups, research studies, contests, promotions, polls, surveys
or any productions and to communicate with you regarding your
attendance thereto;
- II. to send you alerts,
newsletters, updates, mailers, promotional materials, special
privileges, festive greetings from the Company, its partners,
advertisers and/or sponsors;
- III. to notify and invite
you to events or activities organized by the Company, its
partners, advertisers, and or sponsors; and/or
- IV. to share your Personal
Data amongst the companies within the Company’s group of
companies comprising the subsidiaries, associate companies and
or jointly controlled entities of the holding company of the
group (the “Group”) and with the Company’s and Group’s agents,
third party providers, developers, advertisers, partners, event
companies or sponsors who may communicate with you for any
reasons whatsoever.
- V. If you do not consent to
the Company processing your Personal Data for any of the
Marketing Purposes, or if any of the Personal Data that you have
provided to us changes, for example, if you change your e- mail
address, telephone number, payment details or if you wish to
cancel your account or withdraw your permission to receive
communications, please contact our Data Privacy Officer at
dpo@moolahgo.com.
- VI. The Company will, to
the best of its abilities, effect such changes as requested
within fourteen (14) working days of receipt of such notice of
change.
(f) You consent to and the Company reserves the right to transfer
your Personal Data to its business partners, affiliates and
outsourcees (whether in Singapore or overseas) for the purpose of
the use of such data in the use and operations of the moolahgo
eWallet, including but not limited to where you have subscribed to
other services provided by the Company’s business partners or
affiliates and/or where the operational support is provided to the
Company by such business partners, affiliates or outsourcees.
(g) The Company is committed to full compliance with the provisions
of the Personal Data Protection Act 2012 and has appointed a
Personal Data Protection Officer for these purposes. Such officer
may be communicated with in writing at the above email address.
(h) Refer to the moolahgo Privacy and Personal Data Policy for
additional terms.
11. Third Party Relationships
(a) During use of the Service, you may enter into correspondence
with, purchase goods and/or services from, or participate in
promotions of third-party providers, advertisers or sponsors showing
their goods and/or services through the Service, the Software and/or
the Application.
(b) Any such activity, and any terms, conditions, warranties or
representations associated with such activity, is solely between you
and the applicable third-party.
(c) The Company and its affiliates shall have no liability,
obligation or responsibility for any such correspondence, purchase,
transaction or promotion between you and any such third-party.
(d) The Company does not endorse any applications or sites on the
Internet that are linked through the Service, the Application and/or
the Software, and in no event, shall the Company or the Group be
responsible for any content, products, services or other materials
on or available from such sites or third-party providers.
(e) The Company provides the Service to you pursuant to the Terms of
Use. You recognize, however, that certain third-party merchants may
require your agreement to additional or different terms of use prior
to your use of or access to such goods or services, and the Company
is not a party to and disclaims any and all responsibility and/or
liability arising from such agreements between you and the
third-party providers.
12. Representation and Warranties
(a) By using the Service, you expressly represent and warrant that
you are legally entitled to accept and agree to the Terms of Use. By
using the Service, you further represent and warrant that you have
the right, authority and capacity to use the Service and to abide by
the Terms of Use. You further confirm that all the information which
you provide shall be true and accurate.
(b) You agree that you shall not open more than one moolahgo eWallet
account.
(c) Your use of the Service is for your own sole personal use. You
undertake not to authorize others to use your identity or User
status, and you may not assign or otherwise transfer your User
account to any other person or entity. When using the Service, you
agree to comply with all applicable laws whether in Singapore or
otherwise in the country, state and city in which you are present
while using the Service.
(d) You may only access the Service using authorized means. It is
your responsibility to check and ensure that you have downloaded the
correct application for your device. The Company is not liable if
you do not have a compatible device or if you have downloaded the
wrong version of the application to your device. The Company
reserves the right not to permit you to use the Service should you
use the Application and/or the Software with an incompatible or
unauthorized device or for purposes other than which the Software
and/or the Application is intended to be used.
(e) By using the Application, you agree that:
- I. You will only use the
Service for lawful purposes;
- II. You will only use the
Service for the purpose for which it is intended to be used;
- III. You will not use the
Application for sending or storing any unlawful material or for
fraudulent purposes;
- IV. You will not use the
Application to cause nuisance, annoyance, or inconvenience;
- V. You will not use the
Service, the Application and/or the Software for purposes other
than obtaining the Service;
- VI. You will not impair the
proper operation of the network;
- VII. You will not try to
harm the Service and/or the Application in any way whatsoever;
- VIII. You will not copy, or
distribute the Application or other content without written
permission from the Company;
- IX. You will not download
and install the Application onto a rooted device which bypasses
the standard safety boundaries expected by Google Play store or
Apple App store;
- X. You will only use the
Application for your own use and will not resell it to a third
party;
- XI. You will keep secure
and confidential your account password or any identification we
provide you which allows access to the Service;
- XII. You will provide the
Company with proof of identity as it may reasonably request or
require;
- XIII. You acknowledge and
agree that only one (1) moolahgo eWallet account can be
registered on one mobile phone or other electronic device
operating the Application;
- XIV. You agree to provide
accurate, current and complete information as required for the
Service and undertake the responsibility to maintain and update
your information in a timely manner to keep it accurate, current
and complete at all times during the term of this Agreement. You
agree that the Company may rely on your information as accurate,
current and complete. You acknowledge that if your information
is untrue, inaccurate, not current or incomplete in any respect,
the Company has the right but not the obligation to terminate
this Agreement and your use of the Service at any time with or
without notice;
- XV. You will only use an
access point or device which you are authorized to use to access
the moolahgo eWallet; /li>
- XVI. You shall not employ
any means to defraud the Company or enrich yourself, through any
means, whether fraudulent or otherwise, through any event,
promotion or campaign launched by the Company to encourage new
subscription or usage of the Service by new or existing
customers;
- XVII. You agree that the
Service is provided on a reasonable effort basis; and
- XIX. You agree to abide by
the terms of the moolahgo eWallet User Conduct Policy in
relation to your use of the Service.
13. Indemnification
(a) Refer to the Terms of Use – Main for additional terms.
(b) By agreeing to the Terms of Use upon using the Service, you agree
that you shall defend, indemnify and hold the Company and its
affiliates and each such party’s parent organizations, subsidiaries,
affiliates, officers, directors, members, employees, attorneys and
agents harmless from and against any and all claims, costs, damages,
losses, liabilities and expenses (including attorneys’ fees and
costs and/or regulatory action) arising out of or in connection
with:
- I. your use of the Service, the Software and/or the Application
in your dealings with the third-party merchants, transportation
providers, third party providers, partners, advertisers and/or
sponsors; /li>
- II. your violation or breach of any of the Terms of Use or any
applicable law or regulation, whether or not referenced herein;
- III. your violation of any rights of any third party;
- III. your misuse of the Service, the Software and/or the
Application.
14. Limitation of Liability
(a) The Company makes no representation, warranty or guarantee as to
the reliability, timeliness, quality, suitability, availability,
accurate or completeness of the Service, the Application and/or the
Software.
(b) The Company does not represent or warrant that:
- I. The use of the Service,
the Application and/or the Software will be secure, timely,
uninterrupted or error-free or operate in combination with any
other hardware, software, system or data;
- II. The Service and/or
Rewards will meet your requirements or expectations;
- III. Any stored data will
be accurate or reliable;
- IV. The quality of any
products, services, information, rewards or another material
purchased or obtained by you through the Application will meet
your requirements or expectations;
- V. Errors or defects in the
Application and/or the Software will be corrected; or
- VI. The Application or the
Server that make the application available are free of viruses
or other harmful components.
- VII. The Service and
Rewards (as defined below) are provided to you strictly on an
“as is” basis.
- VIII. All conditions,
representations and warranties, whether express, implied,
statutory or other, including without limitation, any implied
warranty of merchantability, fitness for a particular purpose,
or non-infringement of third party rights, are here excluded and
disclaimed to the highest and maximum extent allowed under
Singapore law.
- IX. The Service, the
Application and/or the Software may be subject to limitations,
delays and other problems inherent in the use the internet and
electronic communications including the device used by you or
other moolahgo eWallet Users being faulty, not connected, out of
range of mobile signals or functioning incorrectly. The Company
is not responsible for any delays, delivery failures, damages or
losses resulting from such problems.
- X. To the fullest extent
permitted by law, the Company shall not be liable for any claim,
loss, damage, data loss, costs or expenses incurred (whether
direct or consequential), suffered or sustained by you arising
from or in connection with you use of the Service, the
Application and/or the Software.
15. Termination
(a) Either the Company or you may terminate this Agreement on one
month’s notice in writing to the other.
(b) You hereby agree that this Agreement shall terminate immediately
in the event that you are: o declared bankrupt, insolvent or enter
into liquidation or such other scheme of arrangement or
administration; or o found in default of your debt obligations to a
licensed bank by a Singapore court; o deceased.
- I. declared bankrupt,
insolvent or enter into liquidation or such other scheme of
arrangement or administration; or
- II. found in default of
your debt obligations to a licensed bank by a Singapore court;
- III. deceased.
(c) In the event of any of the above, the Company reserves the right
to deal with any such trustee, executive or representative of the
Singapore courts as in its sole discretion is considered appropriate
in relation to the administration of any outstanding balance of
moolahgo eMoney in the moolahgo eWallet.
(d) You hereby agree that the Company is entitled to terminate this
Agreement immediately in the event that you are found to be in
breach of any of the terms stipulated in this Agreement
(e) Any outstanding amounts in the moolahgo eWallet will be paid to
you by the Company after deducting all monies due to the Company.
16. Complaints about use of the service
(a) Users are invited to contact the Company in the first instance in
the event they wish to make a complaint about the use of the Service
by writing in to us at support@moolahgo.com.
(b) You agree to raise any complaints and disputes about incorrect
Service within the time stipulated below for each type of service or
as soon as you become aware of a fraudulent activity, whichever is
earlier:
- I. Pay Now (Peer-to-peer
transfer) – five (5) working days
- II. Remit (Cross-border
money transfer) – three (3) working days
- III. Buy Now (payment for
goods and services) – seven (7) working days
- IV. Top Up (Adding eMoney
into moolahgo eWallet) – one (1) working day
- V. Get Paid (Peer-to-peer
payment request) – five (5) working days
- VI. Gift Now (e-gifting
service) – five (5) working days
17. Notices
(a) The Company may give notice by means of a general notice on the
Application, or by electronic mail to your email address in the
records of the Company, or by written communication sent by
registered mail or pre-paid post to your address in the record of
the Company. Such notice shall be deemed to have been given upon the
expiration of 48 hours after mailing or posting (if sent by
registered mail or pre-paid post) or 1 hour after sending (if sent
by email).
(b) You may give notice to the Company (such notice shall be deemed
given when received by the Company) by letter sent by courier or
registered mail to the Company using the contact details as provided
to you after you have contacted our Customer Service at
support@moolahgo.com
18. General
(a) Governing Law and Jurisdiction: This Agreement shall be governed
by Singapore law, without regard to the choice or conflicts of law
provisions of any jurisdiction, and any disputes, actions, claims or
causes of action arising out of or in connection with the Terms of
Use or the Service shall be referred to the Singapore International
Arbitration Centre (“SIAC”), in accordance with the Rules of the
SIAC as modified or amended from time to time (the “Rules”) by a
sole arbitrator appointed by the mutual agreement of the parties
(the “Arbitrator”). If parties are unable to agree on an arbitrator,
the Arbitrator shall be appointed by the President of SIAC in
accordance with the Rules. The seat and venue of the arbitration
shall be Singapore, in the English language and the fees of the
Arbitrator shall be borne equally by the parties, provided that the
Arbitrator may require that such fees be borne in such other manner
as the Arbitrator determines is required in order for this
arbitration clause to be enforceable under applicable law.
(b) No Partnership: No joint venture, partnership, employment, or
agency relationship exists between you, the Company or any
third-party provider as a result of the Terms of Use or use of the
Service.
(c) Severance: If any provision of the Terms of Use is held to be
invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced to the fullest extent under
law. This shall, without limitation, also apply to the applicable
law and jurisdiction as stipulated above.
(d) No Waiver: The failure of the Company to enforce any right or
provision in the Terms of Use shall not constitute a waiver of such
right or provision unless acknowledged and agreed to by the Company
in writing.
(e) No Assignment: This Agreement as constituted by the Terms of Use
as modified from time to time may not be assigned by you without the
prior written approval of the Company but may be assigned without
your consent by the Company. Any purported assignment by you in
violation of this section shall be void.
(f) Entire Agreement: The Terms of Use comprises the entire agreement
between you and the Company and supersedes all prior or
contemporaneous negotiations or discussions, whether written or oral
(if any) between the parties regarding the subject matter contained
herein.
19. moolahgo Rewards
(a) By using the Application, you will automatically become a member
of the moolahgo loyalty program named “moolahgo Rewards” operated by
the Company and/or its Affiliates (the “Program”).
(b) Upon a successful registration for a moolahgo personal,
non-business account, all moolahgo Users shall automatically be
accorded with “moolahgo Rewards Member” status and may commence
accumulating reward points (“M-Coins™”) from qualifying transactions
under the Program. The moolahgo Rewards Program membership is
non-transferable and shall be for personal use of the moolahgo User
only.
(c) As a member of the moolahgo Rewards Program, you will gain access
to e-vouchers, promotions, discounts, free gifts, promotion codes
and other benefits offered by the Company and/or third-party
merchants as shown on the rewards catalogue that is made available
from time to time in the Application (“Rewards”). The Company may,
at its sole and absolute discretion, award you M-Coins™ which can be
used to redeem for rewards upon the completion of the qualifying
transactions. You may earn M-Coins™ by such methods as are provided
for by the Company from time to time.
(d) The Company may, at its sole and absolute discretion, increase or
decrease the rate of M-Coins™ to be awarded for each selected
transaction as may be notified to you from time to time. You shall
not be entitled to request from the Company any explanation
pertaining to the calculation methods (for crediting the M-Coins™) or
other matters relating to the M-Coins™ or discounts for whatsoever
purposes.
(e) M-Coins™ accumulated by the Member shall expire in the event the
Member does not earn any M-Coins within the timeframe stipulated by
the Company for your account. In such an event, the accumulated
M-Coins shall be automatically forfeited at the absolute discretion
of moolahgo and without notice to the Member. Forfeited M-Coins™
cannot be reinstated.
(f) You must use your M-Coins™ earned to redeem for rewards during
their applicable validity period. There shall be no extension of
time for the validity period of any unused M-Coins™. The Company
shall have the right to deal with the expired M-Coins™ in such manner
as it deems fit in its absolute discretion. You agree that you will
have no claim whatsoever against the Company for any expired
M-Coins™.
(g) Partnership Programs: The Company may periodically offer
conversion of M-Coins™ to the points systems of partner rewards
programs, subject to the following:
I. Upon completion of the
M-Coins™ conversion transaction under such conversion, reversal
of the conversion of M-Coins is not possible.
II. The Company accepts no
responsibility for errors in the crediting of points subject to
such conversions, other than in relation to errors resulting
from its own negligence.
III. The conversion of
M-Coins™ from the moolahgo Rewards Program to points under
partner program(s) is subjected to the partner’s terms and
conditions. Once converted into partner program points, the
converted points are also subjected to the partner’s terms and
conditions.
(h) M-Coins™ have no cash or monetary value and are not redeemable for
cash in any form. They cannot be purchased, resold or transferred,
for value or otherwise, under any circumstances. M-Coins™ shall not
be regarded, construed, or used as valuable or exchangeable
instruments or cryptocurrencies under any circumstances.
(i) If you comply with all these Terms of Use and have the required
number of M-Coins™, you may select and redeem applicable rewards via
the Application as and when they are made available from time to
time. Your redemption of a reward that is an e-voucher is subject to
the additional terms and conditions of the Company or the
third-party merchant (as the case may be) that offers the particular
e-voucher that you wish to redeem.
(j) You must use your e-vouchers redeemed during their applicable
validity period. There shall be no extension of time for the
validity period of any e-voucher redemption dates. You agree that
you will have no claim whatsoever against the Company for any
expired e-vouchers.
(k) M-Coins™ that you have successfully redeemed for a Reward cannot
be exchangeable for another Reward under any circumstances. No
requests for exchange of Rewards will be entertained.
(i) The Company may at its sole and absolute discretion and without
prior notice to you, reject your request to redeem M-Coins™ for any
reason whatsoever, including without limitation, where
I. There are insufficient
M-Coins™ to redeem for the particular reward;
II. The reward is no longer
made available or out-of-stock by the third party merchant;
III. The M-Coins™ you wish
to use for redemption of Rewards have been issued to you in
error; or
IV. The Company reasonably
believes that that redemption transaction may be suspicious,
illegal, involves any criminal activity or involves M-Coins™ that
have been obtained through dishonest or fraudulent means or
abusive behavior.
(m) You may check your M-Coins™ balance and redemptions made in the
Application. Your M-Coins™ balance and redemptions as set out in the
Application shall serve as a conclusive evidence of the same.
(n) If you do not wish to be a member of the moolahgo Rewards
Program, you may do so by writing to the Company at
support@moolahgo.com.
(o) Upon your cessation to be a member of the moolahgo Rewards
Program, all then outstanding M-Coins™ at such point of time shall be
automatically cancelled. M-Coins™ should be redeemed before ceasing
membership as once cancelled, M-Coins™ cannot be redeemed. No
accumulation or carry over of M-Coins™ will be permitted even if you
subsequently reinstate your membership.
(p) The Company reserves the right to hold the issuance of M-Coins™
earned until the transactions, including payment, are completed.
M-Coins™ earned from purchases from Partners will only be issued if
the good(s) and services(s) purchased are not returned, cancelled or
refunded.
(q) Fraud, abuse of redemptions or any dishonest activities related
to the moolahgo Rewards Program may result in the forfeiture of
accumulated M-Coins™ as well as, demotion of your membership tier,
cancellation of your membership in the moolahgo Rewards Program or
termination of your account.
(r) To the extent as permitted by applicable laws, the Company
reserves the right at any time to:
I. vary, modify or amend
the terms and conditions of the moolahgo Rewards Program
(including adding or deleting any terms);
II. terminate or modify the
moolahgo Rewards Program;
III. revoke, adjust and/or
recalculate any M-Coins™ awarded;
IV. change the number of
M-Coins™ required for redemption of specific rewards or
substitute any reward with another of a similar value;
V. change the number of
M-Coins™ that can be earned on spendings on qualifying services;
VI. modify the
qualifications and eligibility for earning M-Coins™;
VII. modify the activities
that earn M-Coins™;
VIII. modify the methods
used to calculate the number of M-Coins™ to be awarded;
IX. withhold or cease the
awarding of M-Coins™ to you;
X. change the duration
taken for M-Coins™ to expire. without prior notice to you and at
its sole discretion.
(s) The Company may suspend the calculation and accrual of M-Coins™ to
rectify any errors in calculation or adjust the calculation as it
reasonably deems fit without giving you prior notice or reason.
(t) You shall be responsible for any taxes, levies or duties that
arise in connection with the issuance of M-Coins™ to you, your
redemption of M-Coins™ and/or the utilization of rewards you have
redeemed and all costs and expenses relating to the same shall be
borne by you.