Terms & Condition

TERMS AND CONDITIONS

These terms and conditions ("Terms") govern your use of the Services on the Sites. By applying for and/or using the Services, you agree to be bound by these Terms and such other terms and conditions relating to the Services as may be prescribed by Maxi-Cash and/or the Pawnbrokers Act 2015 (No. 2 of 2015) from time to time.

1.                DEFINITIONS

1.1             In these Terms, the following words and expressions shall have the following meanings: -

"Account" means an account that you now or hereafter have with Maxi-Cash, which is approved by Maxi-Cash for Transactions to be performed electronically on the Sites;

"e-Shop" means the online store operated by Maxi-Cash for the sale of Products on the Sites;

"Identity Document" means a NRIC (for Singaporeans and Permanent Residents) or passport (for non-Singaporeans residing or working in Singapore);

"Instructions" means any communication, instruction, order, message, data, information or other materials received by us via the Services and referable to your User Name and Password, from you or purporting to come from you;

"iPayment Service" means the interest renewal and loan down payment services available on the Sites;

"Maxi-Cash App" means the mobile application created by Maxi-Cash for the purpose of providing the Services, and the contents available on such application (including the iPayment Service and the e-Shop);

"Maxi-Cash Website" means the website at www.maxi-cash.com (or such other address which may be prescribed by us at any time which is similar or associated to such website) and the contents available on such website (including the iPayment Service and the e-Shop);

"Maxi-Cash", "we", "us" or "our" means Maxi-Cash Group Pte Ltd (including its related corporations);

"Password" means any personal identification number, word, phrase, symbol, code or other identification (electronic or otherwise, transient or permanent including One-Time Passwords) that is needed for:

(a)              access and use of the Services or any Account; and/or

(b)              identification, authorisation and/or authentication of the user of the Services.

"Payment" means a Transaction which effects a transfer of money;

"Payment Method" means method of effecting Payment;

"Payment Method Provider" means the party providing and/or facilitating the Payment Method (for example, banks and eNETS);

"Products" means the products sold by Maxi-Cash via the e-Shop;

 

"Services" means the e-Shop and the iPayment Service, and any other features, technologies and/or functionalities which Maxi-Cash may make available on the Maxi-Cash App and/or the Maxi-Cash Website;

"Sites" means the Maxi-Cash App and the Maxi-Cash Website, and any other mobile applications, web applications and related services made available on or in connection with the Services;

"Transaction" means any transaction or instruction effected or issued, or purported to be effected or issued, by you through the Services;

"Transaction Information" means any information or particulars relating to you, your Account, the Instructions or any Transaction;

"Username" means the personal identification name, number, character or combination of any of these which identifies the registered user of the Services; and

"you" or "your" means the registered user of the Services.

2.                APPLICATION OF TERMS

2.1             These Terms apply every time you access and use the Services. In order to use the Services, you must open and maintain an Account, which is available to persons whom we deem to be eligible and who possess a valid and existing mailing and email address, and mobile number. If at any time you cease to have an eligible Account or if your mailing or email address is invalid or not current, we reserve the right to suspend your access to the Services.

2.2             These Terms supplement and are to be read together with the terms and conditions of any other document or agreement governing your relationship with us, including the privacy policy available at https://ipayment.maxi-cash.com.sg/PrivacyPolicy.aspx. If there is any conflict or inconsistency between these Terms and any other document or agreement governing your relationship with us, these Terms shall take precedence to the extent necessary to give effect to these Terms.

2.3             These Terms and any subsequent amendments to it constitute the entire agreement between you and Maxi-Cash.

2.4             Any new features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and/or changes to our Sites. It is your responsibility to check these Terms regularly for changes. The revised version shall be effective on and from the date we specify. If you do not agree to the revised versions of these Terms, please do not access or use our Sites and/or Services. Your continued use of or access to our Site and/or Services following the posting of any amended Terms constitutes acceptance of those Terms.

3.                REGISTRATION AND AUTHORISATION

3.1             To register for an Account to use the Services, you must provide us with true, accurate and complete information, and must promptly notify us of any change in the information provided. You will be solely responsible for the consequences of us acting or not acting on any inaccurate, incomplete, garbled, illegible or outdated information that you provide us.

3.2             We reserve the right to reject any application to register for an Account.

3.3             You represent and warrant that if you are registering for the Services as an individual, you are at least 18 years old, and that you are fully capable and competent to enter into and to comply with these Terms.

3.4             You may not authorise others to use your user account, and you may not assign or otherwise transfer your user account to any other person or entity.

3.5             You acknowledge and confirm that any persons that you have authorised or are deemed to have authorised to access and/or use the Services in relation to your Account (all such persons to be collectively referred to as the “Authorised Users”), are, subject to any restrictions that we may impose, severally empowered and fully authorised to give orders, or instructions through the Services on your behalf and shall act, without prejudice to any other capacity which such person may be transacting under, as your agent when accessing and/or using the Services, in relation to your Account.

3.6             You acknowledge and confirm that we shall be authorised to disclose your information pertaining to your Account to your Authorised Users or any persons whom we reasonably believe in good faith to be your Authorised Users.

3.7             You acknowledge and agree that all use and/or access of the Services by the Authorised Users shall be deemed your use. You shall procure and ensure that each of your Authorised Users is aware of and complies with the terms of conditions in relation to your Account.

3.8             You may not assign or otherwise transfer your Account to any other person or entity.

4.                SECURITY / CONFIDENTIALITY

4.1             Username and Password. You must take all precautions to safeguard and keep your Username and Password confidential to prevent fraudulent or unauthorised access to your Account and/or use of the Services. If you have forgotten your Password, you may submit a request to reset your Password. The reset link will be sent to your last known email address. It is your responsibility to inform us of any change of your email address. You shall be responsible for obtaining and using the necessary software and/or device, hardware and/or equipment necessary to obtain access to the Services at your own risk and expense.

4.2             Reporting. You must make a report to us as soon as possible when you suspect or become aware that:

4.2.1         your Password is lost, stolen, misused or tampered with;

4.2.2         someone else knows your Username and/or Password;

4.2.3         there has been unauthorised access to or use of your Username and/or Password;

4.2.4         there has been any unauthorised Transaction or Payment;

4.2.5         there has been any unauthorised access to your Account; and/or

4.2.6         there has been an error in your Transaction Information/history or you need more information about a Transaction listed in your Transaction Information/history.

4.3             To report to us, please contact Maxi-Cash Customer Service Team at 1800 226 6888 and provide the following details:

4.3.1         Your name, or the name you registered to your Account (if any);

4.3.2         A description of the suspected unauthorised Transaction or error and an explanation as to why you believe it is incorrect or why you need more information to identify the Transaction; and

4.3.3         The amount of any unauthorised Transaction or error.

4.4             Maxi-Cash 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. It is vital that you take steps to prevent disclosure or discovery of the Passwords provided to you as you are liable for financial loss incurred or Transactions carried out in connection with any unauthorised use of the Passwords and you may not claim against us in respect of any such use or purported use.

4.5             We have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the loss, theft, misuse or tampering, or unauthorised, wrongful or fraudulent use of your Account, Username or Password or any defect, default, deficiency, malfunction, interference or any consequence arising as a result of your failure to comply with Clauses 4.1 and 4.2 above or any other security measures to be undertaken by you pursuant to these Terms.

4.6             You acknowledge the following Internet-related risks:

4.6.1         insufficient technical knowledge and lack of safety precautions can make it easier for unauthorised third parties to access your systems or devices (for example, insufficiently protected storage of data on the hard disk, file transfers and monitor emissions), and it is your responsibility to take the necessary security precautions;

4.6.2         your usage patterns may be monitored by third parties;

4.6.3         third parties could gain unnoticed access to your computer system and detect your access to the Services and your communication with us; and

4.6.4         viruses and other malicious code may interfere with the Services, the channel, the web browser or any relevant telecommunication device or computer systems.

4.7             Alerts Service. You will automatically be enrolled in the short message service (SMS) and Notification Alerts (“Alerts”) service subject to your Account being in good standing. Alert notifications may include SMS, Letter of Forfeiture email notifications, app alerts, sounds and icon badges. The service is subject to the terms of your agreement with your mobile phone and web service provider. You shall ensure that your email address is valid, and your mobile phone and number is able to receive text messaging both in Singapore and overseas. You shall be responsible for any fee imposed by your respective mobile phone service provider. Each Alert is not encrypted and may include details pertaining to your Transaction(s). You are responsible for the security of your mobile phone and email. We shall not be liable in any way to any party should any Alert be viewed or accessed by persons other than you. We shall not be liable for any or all losses, damage, expenses, fees, costs (including legal costs on a full indemnity basis) that may arise, directly or indirectly, in whole or in part from (a) the non-delivery, the delayed delivery, or the misdirected delivery of an Alert; (b) the non-receipt of an Alert; (c) inaccurate or incomplete content in an Alert; (d) reliance on or use of the information provided in an Alert for any purpose; or (e) any third party, whether authorised or not, obtaining your Account information contained in the Alert by accessing your mobile phone or email.

5.                SERVICES

5.1             You will be responsible for all Transactions through the Services made by any person, with or without your authority, knowledge or consent, and may not claim against us in connection with any such use or purported use.

5.2             In accessing or using the Services and/or the Sites, you agree not to:

5.2.1         breach these Terms;

5.2.2         violate any law, statute or regulation;

5.2.3         infringe upon or violate our intellectual property rights or the intellectual property rights of others;

5.2.4         impersonate any person or entity;

5.2.5         provide false, inaccurate or misleading information;

5.2.6         engage in money laundering activities;

5.2.7         engage in potentially fraudulent, suspicious or illegal activity;

5.2.8         solicit others to perform or participate in any unlawful acts;

5.2.9         refuse to cooperate in any risk review or investigation conducted by Maxi-Cash, or provide any confirmation of any information about yourself as Maxi-Cash may request;

5.2.10       take any action that imposes an unreasonable or disproportionately large load on Maxi-Cash infrastructure;

5.2.11       collect or track the personal information of others;

5.2.12       use the Services and/or the Sites for any unlawful, obscene or immoral purpose;

5.2.13       upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services and/or Sites, or of any related website, other websites, or the Internet;

5.2.14       use any unauthorised third-party software designed to access, spam, phish, pharm, pretext, spider, crawl, scrape or collect from the Sites; or

5.2.15       use any unauthorised third-party software that intercepts, mines or otherwise interferes with the security features of the Services and/or the Sites, or any related website, other websites, or the Internet.

5.3             e-Shop

5.3.1         The information set out in these Terms and the details contained in the Sites do not constitute an offer for sale but rather an invitation to treat. All orders made by you shall be deemed to be an offer made by you to purchase the selected Product(s) and quantities set out in your order upon these Terms. To submit an order for a Product on the eShop, you will be required to follow the online shopping process on the Sites.

5.3.2         All orders shall be subject to acceptance by Maxi-Cash. Processing of payment for an eShop order shall not in itself constitute our acceptance of the order, provided that where an order for any Product(s) is rejected or cancelled by us, any payment made for such order shall be reversed or refunded by us in accordance with our prevailing refund policy at such time.

5.3.3         All orders made by you are subject to stock availability. Maxi-Cash reserves the right to cancel, amend or reject your order in whole or in part, at any time and without liability or compensation, where any Product is out of stock, damaged or spoilt, or unavailable for any other reason. We reserve the right to limit your order or the quantity of a particular Product you may order.

5.3.4         Prices and availability of the Products are subject to change at full and absolute discretion of Maxi-Cash. You agree that the Products on the Sites may be re-priced, withdrawn, discontinued, revised or amended at any time and at the sole discretion of Maxi-Cash. You further agree that the Product as described and/or depicted on the Site may vary from the actual Product.

5.3.5         Maxi-Cash endeavours to provide you with accurate and up-to-date pricing, product and promotional information. However, errors may sometimes occur and we do not guarantee that the pricing, images, or other product or promotional information provided will be accurate, reliable, current, error-free, updated, or complete. Prices of Products may also change from time to time and any promotional discounts or offers may also be withdrawn at any time without notice. You agree that Maxi-Cash shall not be liable for any errors in the pricing and product or promotional information listed on our Sites, or through our Services. The price to be paid by you shall be based on our prevailing selling price at the time we receive your order, which may or may not be correctly reflected on the Sites.

5.3.6         If the actual price of any Product ordered by you is higher than that reflected on the Sites, we will inform you and you will be given an option to confirm or cancel your purchase of such Product based on the correct price. By confirming your purchase, you authorise us to charge the additional amounts to you. If you elect to cancel the purchase, we will reverse or refund payment for such Product in accordance with our prevailing refund policy at such time. If we are unable to contact you, we will treat your order in respect of the incorrectly priced Product as cancelled.

5.4             iPayment Service

5.4.1         Any use of and/or access to the iPayment Service referable to your User Name and Password shall be deemed to be use of and/or access to the Service by you.

5.4.2         Any iPayment Service Instructions shall be deemed to be transmitted or validly issued by you. We are under no obligation to verify the authenticity or accuracy of such Instructions.

5.4.3         All iPayment Service Instructions are irrevocable and unconditional upon transmission through the Services. We are entitled (but not obliged) to effect or process such Instructions without any further consent from or reference or notice to you.

5.4.4         You acknowledge that the pledge(s) with Maxi-Cash can only be redeemed at the Maxi-Cash outlet upon presentation of your Identity Document and the pawn ticket.

6.                PAYMENTS

6.1             We reserve the right to and may at our sole discretion, charge and revise fees in relation to the use of the Services and/or the making of any Transactions.

6.2             Payment for Transactions may be effected through eNETS, MasterCard, Visa or any other Payment Method we make available to you from time to time. You have no claim against us for any failure, disruption or error in connection with your chosen Payment Method.

6.3             Maxi-Cash reserves the right at any time to modify or discontinue, temporarily or permanently, any Payment Method without notice to you or giving any reason. You agree that you are subject to the applicable user agreement of your Payment Method.

6.4             By making any Instruction for Payment, you authorise us to:

6.4.1         debit your Payment Method for all charges, fees and payments for the provision and/or use (authorised or unauthorised) of the Services and any other liabilities to, and loss damage or expense suffered by, us as a result of our provision and/or your used (authorised or unauthorised) of the Services; and

6.4.2         transmit information or to obtain information about you from third parties from time to time and this may include verification checks involving your debit or credit card number or credit reports in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation, to protect you and us from fraud, and to enable us to arrange delivery of your order to your nominated delivery address.

6.5             It is your responsibility to ensure sufficient available funds to meet any Instruction for payment of monies. We will not process orders that attempt to use an incorrect, expired, or over-the-limit Payment Method. We will make our best efforts to contact you if this occurs. However, in the event such an Instruction is processed, we reserve the right to collect payment for any uncollected transactions owed to it.

6.6             If you fail to pay any fees or charges when due, we may charge such amount directly to the Payment Method identified in your Account information and we may suspend or terminate your Account's access to the Services and/or the Sites. You shall be responsible and liable for any fees, including attorneys’ fees and collection costs, that Maxi-Cash may incur in its efforts to collect any unpaid balances from you. Your right to use the Services and/or the Sites is subject to limits established by Maxi-Cash and/or by your Payment Method Provider.

6.7             If there are any taxes required to be charged on any payment by applicable law, you will pay such taxes in addition to all sums payable and indemnify us against any payment we are required by law to collect and make in respect of such taxes.

6.8             Payment for all Transactions shall be made in Singapore dollars.

6.9             Where a Transaction, or the debiting of any Payment Method in connection with a Transaction, requires the conversion of one currency into another, we are authorised to effect such conversions at the rate quoted by a reputable bank as determined by us.

6.10           You shall settle any claims against or disputes with any Payment Method directly with the Payment Method Provider, and not with us.

7.                INTELLECTUAL PROPERTY RIGHTS

7.1             All the intellectual property rights in and to the contents of the Services and the Sites (except for information pertinent to your Account or information personal to you in your capacity as our customer) are owned by or licensed for use by Maxi-Cash. You may not reproduce, distribute, publish, modify, display, broadcast or transmit in any manner or store in an information retrieval system any part of the contents without our prior written consent.

7.2             The trade marks, service marks, graphics and logos displayed on the Services and the Sites are the sole and exclusive property of Maxi-Cash, or that of other relevant third parties. You do not have any right or license for any reproduction or use of any such trade mark, service mark, graphic and logo.

7.3             Maxi-Cash does not own, control nor have any responsibility or liability for any third party software application you may use in connection with the Services. Any such third party software application you may use is subject to the user agreement of the third party. You may not claim against us for any loss or damage resulting from such use.

8.                DISCLAIMER OF WARRANTIES

8.1             You agree that you use and/or access the Services and the Sites entirely at your own risk.

8.2             The Products, Services and/or the Sites are provided 'as is', and 'as available', and with all faults. Except as specified in these Terms, the Products, Services and/or Sites are provided without warranties of any kind whatsoever, whether express, implied, oral, written or otherwise. We do not warrant the truth, accuracy, adequacy, completeness or reasonableness of the contents of the Products Services and/or Sites, and expressly disclaim liability for any and all errors or omissions whatsoever. We also do not guarantee, represent or warrant that your use of our Products, Services and/or Sites will be uninterrupted, timely, secure or error-free.

8.3             No warranty of any kind, implied, express, or statutory (including but not limited to any warranty of availability, authenticity, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose, freedom from computer virus or malicious code, and warranties arising by custom, trade usage, promise, example or description), is given in conjunction with the Products, Services and/or Sites.

9.                INDEMNIFICATION; LIMITATION OF LIABILITY

9.1             You agree to indemnify, defend and hold harmless Maxi-Cash and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

9.2             Without prejudice to anything contained in these Terms, in no event shall Maxi-Cash, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable in any manner whatsoever for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation for any lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from or in connection with:

9.2.1         any use and/or access or the inability to use and/or access the Services and/or the Sites;

9.2.2         any Transaction or Payment;

9.2.3         any loss or abuse or unauthorised disclosure of information (including Username or Password); or

9.2.4         any system, server or connection failure, error, omission, interruption, interception, delay in operation or transmission, or computer virus.

9.3             Any downloading of data from the Services and/or the Sites is done solely at your risk, and we do not warrant that such data, the Services and/or the Sites are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.

9.4             We try our best to ensure that the information and data available on the Services and/or the Sites are correct and up-to-date. Maxi-Cash reserves the right to periodically make changes to the information or data on the Services and/or the Sites. This exclusion clause shall take effect to the fullest extent permitted by law.

10.             HYPERLINKS

10.1           For your convenience, the Sites may include, refer to or make available hyperlinks to other third-party websites or content (including that of the Payment Method Providers). Such linked websites or content are not under our control and we are not responsible for the contents of or the consequences of accessing any such linked website nor for any goods or services provided through any such linked websites. Please ensure that you review the third-party's policies and practices and make sure you understand them before you engage in any transaction.

10.2           Any 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. Any complaints, claims, concerns, or questions regarding third-party products or websites should be directed to the third-party.

11.             PROVISION OF INFORMATION

11.1           By using the Services and/or Sites, you acknowledge and accept that your Transaction Information may be disclosed to our third party service providers or such other third party for the purpose of providing you with the Services and/or Sites. Such disclosure and use of your Transaction Information may be necessary or inevitable for the purposes of giving effect to any Instruction from you and/or to facilitate or enable your use of the Services. We may not be able to provide the Services to you if you do not allow such disclosure, access to or use of your Transaction Information.

11.2           Neither we nor any of our personnel shall be liable for any loss or damage suffered by you as a result of any disclosure of any Transaction Information which you have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under the applicable laws in Singapore.

11.3           Our authority to collect, use or disclose Transaction Information in this Clause shall be in addition to and without prejudice to our other rights of disclosure pursuant to any applicable laws.

12.             PRIVACY POLICY

12.1           We will comply with all applicable data protection laws on protecting personal data (as defined in the Personal Data Protection Act 2012) that we receive in connection with the use of the Services.

12.2           Your personal information is covered by our Privacy Policy which is deemed to be part of these Terms.

13.             ANTI-MONEY LAUNDERING

Maxi-Cash is required to comply with laws in Singapore which relate to the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons or entities which may be subject to sanctions. Maxi-Cash may take any action which it considers appropriate to take to comply with such laws and in so doing, Maxi-Cash will not be liable for any direct, indirect or consequential loss or damage, including loss of profit or interest suffered by any party.

14.             TERMINATION

14.1           These Terms of Use are effective unless and until terminated by us. We may terminate the Terms at any time, without prior notice to you or giving any reason.

14.2           If we are of the opinion that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof). Where we have not given prior notice, we shall as soon as practicable notify you of such termination by any notification method we choose. Such termination shall be effective on and from the date we specify in the notice to you.

14.3           Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services or by notifying us that you no longer wish to use our Services.

14.4           Termination 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.

14.5           Any provision of these Terms capable of having effect after the termination of these Terms shall remain in full force and effect following the termination of these Terms. This includes but is not limited to Clause 4, Clause 7, Clause 8, and Clause 9.

15.             MISCELLANEOUS

15.1           Severability. If any term of these Terms are unlawful or unenforceable under any applicable law, it will, to the extent permitted by such law, be severed from these Terms and rendered ineffective where possible without modifying the other terms of these Terms.

15.2           No Waiver. Any failure or delay by Maxi-Cash in exercising or enforcing any right we have under these Terms does not operate as a waiver of and odes not prejudice or affect our right subsequently to act in accordance with our rights.

15.3           Third Parties' Rights. A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce anything in these Terms (except as expressly described in these Terms).

15.4           Communications. All communications (including but not limited to notices) from Maxi-Cash to you may be made available through the Sites. We will not be responsible for your failure to receive such communications if such failure is due to (without limitation): (a) errors, faults or defects in your electronic device or telecommunication service provider; or (b) your failure to regularly check the Sites. We may from time to time designate other acceptable modes of communications and the time by which such notice shall be deemed given.

15.5           Force Majeure. Maxi-Cash shall not be liable for failure to perform its obligations under these Terms where such performance is delayed due to fire, flood, explosion, war, embargo, riot, strikes, accidents, epidemics, acts of God, acts of terrorism, or an unforeseeable intervention of any government authority that causes complete business interruption or any other event beyond its reasonable control ("Force Majeure") and shall be excused from such obligation for the duration of the Force Majeure.

16.             GOVERNING LAW

16.1           The Terms are governed and interpreted in accordance with the laws of Singapore.

16.2           You agree to submit to the non-exclusive jurisdiction of the courts of Singapore with respect to any legal proceedings which may be initiated in connection with your use and/or access of the Services and/or the Sites or with these Terms.

 

Version date: 21 January 2019