Consumer advisory — HitPay Payment Solutions Pte Ltd, the holder of HitPay Bolt stored value facility, does not require the approval of the Monetary Authority of Singapore. [KS1] Consumers (users) are advised to read the terms and conditions carefully.
By using our App, you confirm that you accept these Terms, authorise us to carry out our roles, responsibilities as mentioned (whether expressly or impliedly) in these Terms, and that you agree to comply with them.
Your use of the App is conditional upon your acceptance of the Terms. By using the App, you are deemed to have agreed to and have accepted the Terms.
We reserve the right to revoke your access to the App if you do not comply with these terms.
2. OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of our App:
● Our Acceptable Use Policy See Schedule 2 sets out the permitted uses and prohibited uses of our App. When using our App, you must comply with this Acceptable Use Policy.
3. INFORMATION ABOUT US AND OUR SERVICES
The App is operated by HitPay Payment Solutions Pte Ltd ("We" or “Us” or “Our”). We are registered in Singapore under company registration number 201605883Wand have our registered office at 1 KEONG SAIK ROAD SINGAPORE 089109
Our Services (“Service”):
HitPay is a mobile service offered by Us that comprises a stored value facility that may be used to transfer funds between HitPay account holders, including both Wallet Accounts and Merchant Accounts as defined below (collectively, the “UserAccounts”).
● Following your successful registration with Us and as part of the App, you will be granted access to a unique wallet account (“Wallet Account”), which you are required to create and register with Us (“Registration”). Each mobile number used for Registration will only have access to one Wallet Account.
● This Wallet Account operates as a stored value account and will be kept separate from your designated bank account (“Designated Account”).
● The Designated Account must be a current or savings bank account in Singapore.
● You must provide your full name (as set out in your NRIC or Passport) as part of the Registration. The full name provided by you will be displayed in the notifications to the recipient of incoming funds from you.
● Your Designated Account will be linked to your Wallet Account in the App to allow the movement of funds between your Designated Account and your Wallet Account. You are entitled to change your Designated Account to another bank account, in accordance with Our prevailing policies.
● Your Designated Account must be registered under your personal name and must not be a joint account.
● You must use your personal password (“Password”) to access and use the App. You are responsible for safekeeping and maintaining the confidentiality of your Password. You must not disclose to any person your Password and shall not authorize any person to use your Password for any purpose whatsoever. You agree to take reasonable measures and all due care to protect your Password against misuse by third parties.
● You should, as soon as possible, reset your Password should you notice that your Wallet Account has been accessed or used without your knowledge, authority or consent.
● Any merchant wishing to receive payments from its customers through the App (“Merchant”) may apply to register a Merchant Account with Us.
● Following the Company’s successful registration with Us and as part of the App, the Company will be granted access to a unique merchant account (“Merchant Account”). Each Merchant will only have access to one Merchant Account.
● The Merchant Account operates as a stored value account and will be kept separate from the Merchant’s designated bank account (“Company Account”).
● The Company Account must be a valid bank account with a bank licenced to operate in Singapore.
● The Merchant must provide its name, registration number and registered address (as set out in the Merchant’s ACRA business profile) as part of the application for the registration of the Merchant Account.
● The Company Account will paired with the Merchant Account in the App to allow the movement of funds between the Company Account and the Merchant Account. The Merchant is entitled to change the paired Company Account to another bank account, in accordance with Our prevailing policies.
● The Company Account must be registered to the Merchant, and must not be a personal or joint account.
● The Merchant will be provided with an initial password (“Password”) to use and access the App. The Merchant is responsible for safekeeping and maintaining the confidentiality of its Password. Other than the Merchant’s employees and officers, the Merchant must not disclose to any person or authorise any person to use its password. The Merchant agrees to take reasonable measures and all due care to protect its Password against misuse by third parties.
● The Merchant should, as soon as possible, reset its Password where its Merchant Account has been accessed or used without its knowledge, authority or consent.
Use of the Service
● Funds may be transferred from a Wallet Account to a third party’s Wallet Account or to a Merchant Account (“Transfer”).
● In the event that the receiving party is not a subscriber of the App, they will receive a SMS notification from us to notify them of the incoming funds from you and requesting that they download the App and open their own Account in order to receive the funds from you. If, within fourteen (14) business days from the date of the Transfer, the recipient has not claimed the funds, we will automatically credit the funds back to your Wallet Account.
● You may top up your User Account through internet banking or mobile banking. The processing time for the topping up of the User Account is subject to various factors, some of which are beyond Our control. Please take into account the processing time when making your payments.
Restriction on use of the App
The following limitations shall apply in respect of your use of the App:
● the maximum amount that your User Account can contain at any one time is S$999 (“Maximum Stored Amount”). You are entitled to adjust the Maximum Stored Amount and may do so under the settings function in the App;
● the maximum daily transfer between two User Accounts (whether from a Wallet Account to a Merchant Account, or from a Wallet Account to another Wallet Account) in two different mobile phones is capped at S$500 (“Maximum Daily Transfer”). You are entitled to adjust the Maximum Daily Transfer limit and may do so under the settings function in the App;
● the maximum amount that can be transferred daily from your Designated Account/Company Account to your User Account is S$999 per day. For the purposes of this paragraph, a ‘day’ means a 24 hours cycle commencing on 0000hrs of a day and ending before 0000hrs on the next day.
● Your balance in the User Account or Merchant Account shall be forfeited to us, in the event that you have not entered into any transaction using your account for a minimum of six (6) months. Notwithstanding anything to the contrary, you have a grace period of ten (10) days from the six (6)-month mark to withdraw your balance into a Designated Account. [KS2]
Kindly note that we do not control or bear responsibility or liability for:
● any link to third party App or service providers;
● the behaviour of other guests and registered users of our App;
● any rewards and offers provided by other third party Apps or service providers.
Acknowledgment and Agreement
You acknowledge and agree that:
● you will be responsible for obtaining and using the necessary software and/or device, hardware and/or equipment necessary to obtain access to the App at your own risk and expense;
● you will be responsible to your mobile service provider for all data charges relating to:
o the download of the App;
o any upgrades you request in relation to the App; and
o your ongoing access to and use of the App.
● the access to and use of the App is offered to you on an “as available, where available” basis;
● you shall ensure that your mobile number is valid and accurate;
● you are solely responsible and liable for any access to and use of the App effected through the use of your Password, notwithstanding that your Password may have been used by any other person without your knowledge, authority or consent;
● you shall monitor the balance of your User Account at all times and notify us at email@example.com immediately of any unauthorized transfers or of any matter concerning your User Account that may invite suspicion;
● you shall examine all entries in the transaction history listed in your App (“Transaction History”) and report any transactions wrongly made or made without authority or inaccurate entries in the Transaction History. You must object to any transaction (“Transaction”) or any other inaccuracies in writing to us at firstname.lastname@example.org within fourteen (14) days after the entry appears in the Transaction History. If you do not do so, the Transaction will be deemed correct and conclusive and you will be bound by the Transaction listed in the Transaction History. We will be free from all claims in respect of and any and every Transaction shown in the Transaction History;
● We are entitled, without being obliged to, at any time and without prior notice to you, to debit from your User Account or your Designated Account/Company Account any sum wrongly credited into your User Account;
● We are entitled to send you “push notifications” and SMS notifications (“Notification”) relating to your access to and use of the App and any updates on related services;
● We are deemed to have sent the Notification to you, even if you are unable to or do not receive the Notification for whatever reason;
● We reserve the right to investigate complaints regarding the use of the App or reported violations of these terms and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, the appropriate authorities or regulators and disclosing any information necessary or appropriate to such officials, authorities or regulators;
● We may impose, change and/or amend at any time the fees payable for your access to and use of the App as well as for the closure of your User Account and the termination of the App.
Closing of the User Account
● We may (at our sole discretion) and without giving any reason suspend or terminate the Service or your use of the App at any time with or without prior notice to you. Where we have not given prior notice, we shall as soon as practicable give notice to you of such termination by such notification method as we may choose. Such termination shall be effective on and from the date specified in the notice.
● If we decide to terminate the provision of the Service, we will close your User Account and will automatically transfer the remaining balance from your User Account to your Designated Account/Company Account. If your Designated Account/Company Account has been closed, we will strive to contact you for alternative means of transferring the remaining balance from your User Account to you. In the event that you remain uncontactable after one year from the date of our first attempt to contact you, then any remaining balance in your User Account shall be dealt with at our absolute discretion.
● Should you decide to terminate your use of the Service:
o You are to contact us at email@example.com and instruct us to close your User Account and transfer the remaining balance from your User Account to your Designated Account/Company Account;
o You are to ensure that the Designated Account/Company Account has not been closed to enable us to process the transfer of the outstanding balance from your User Account to your Designated Account/Company.
o We may impose an administrative charge for processing of the refund. The refund may take up to 7 working days before it is reflected in your iBanking transaction history.
o You are to delete the App from your device, hardware and/or equipment on which the App has been installed. Deletion of the App does not amount to termination of your use of the Service or closure of your User Account if you do not provide instructions to us as provided for above. If you delete the App without providing the necessary instructions to us, the remaining balance will remain in your User Account.
o In the event that:
▪ you fail to provide instructions to us to close your User Account; and
▪ your User Account has not been used for a period of more than 3 months from the date of last activity, then any remaining balance in your User Account shall be dealt with at our absolute discretion.
● You shall not be entitled to any payment, compensation or damages from us in relation to the termination of your access to and use of the App and/or the Service.
● Our right to suspend or terminate your access to and use of the App and the Service shall be without prejudice to any other rights or remedies which we may have under these terms and at law.
4. CHANGES TO THESE TERMS
5. CHANGES TO OUR APP
We may update our App from time to time, and may change the content at any time. However, please note that any content on our App may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our App, or any content in it, will be free from errors or omissions. You agree that it shall be your responsibility to update the App to the latest version as and when such updates become available.
6. ACCESSING OUR APP
You may download, install and generally access Our App free of charge. However, certain acts or use of the App may result in costs being incurred by you.
We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our App without notice. We will not be liable to you if, for any reason, our App is unavailable at any time or for any period.
You agree that we shall have the right to access your mobile phone’s photo library to enable yourself to upload photos onto the App.
7. YOUR ACCOUNT AND PASSWORD
You agree that you will not solicit, collect or use the login credentials of other App users.
8. INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the intellectual property rights in or to the App are owned by us.
No part or parts of the App may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.
The trade marks, service marks, and logo ("Trade Marks") used and displayed in or through the App are registered and unregistered Trade Marks of ours.
Nothing in the App should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trade Marks displayed in or through the App, without our written permission.
9. NO RELIANCE ON INFORMATION
Any content on our App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.
Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up-to-date.
10. LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our App or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
● use of, or inability to use, our App; or
● use of or reliance on any content displayed on our App.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs, data or other proprietary material due to your use of our App or to your downloading of any content on it, or on any other App or websites linked to it.
Without prejudice to the generality of the foregoing, we will not be liable for any inconvenience, loss, cost, damage or injury suffered by you or any third party arising from or caused by:
● our compliance with any instruction given or purported to be given by you relating to a transaction performed via the App (“Transaction”), notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction;
● use of your User Account and the App by third parties, whether authorized or unauthorized by you;
● your transfer of funds to the wrong mobile number or to the wrong recipient;
● theft or loss of your device, hardware and/or equipment on which the App is installed;
● your inability to effect or complete any Transaction due to system maintenance or breakdown/non-availability of the App or any network;
● you being deprived of the use of the App as a consequence of any action by us;
● any failure by us to perform any obligation or observe any of these Terms if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors, or any event outside our control; or
● any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing.
11. UPLOADING CONTENT TO OUR APP
Where you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App, you must comply with the content standards set out in our Acceptable Use Policy.
You irrevocably and unconditionally represent and warrant that any content you upload to our App or through our App complies with the standards set out in our Acceptable Use Policy.
You irrevocably and unconditionally represent and warrant that any content you upload to our App or through our App does not violate, misappropriate or infringe the rights of any third party, including but not limited to privacy rights, copyrights, trade mark and/or any other intellectual property rights.
We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our App.
We have the right to remove your content from our App where your content does not comply with the content standards set out in our Acceptable Use Policy.
You irrevocably and unconditionally agree and undertake that you shall be liable to and shall indemnify us against any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect, consequential loss, loss of profits, reputation, interest, legal and other professional costs and expenses) suffered by us due to your actions, including but not limited to any breach of the terms or conditions of this agreement.
We do not guarantee that our App will be secure or free from bugs or viruses. We will not be responsible for or obligated to carry out bug fixes of the App. We do not guarantee that the App will work on your mobile phone.
You are responsible for configuring your information technology, computer programmes and platform in order to access our App. You should use your own virus protection software.
You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious and/or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse and Cybersecurity Act (Cap 50A). We will not hesitate to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.
14. APPLICABLE LAW
These Terms, its subject matter and its formation, are governed by Singapore law. We agree to that the courts of Singapore will have non-exclusive jurisdiction.
15. TRADE MARKS
The business indicators used in our App are the registered trade marks of HitPay Payment Solutions Pte Ltd.
16. CONTACT US
To contact us, please email to firstname.lastname@example.org.
Thank you for visiting our App.
HITPAY PAYMENT SOLUTIONS PTE LTD ("We") are committed to protecting and respecting your privacy.
a. This policy (together with our Terms and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
b. For the purpose of the Personal Data Protection Act 2012 (the Act), our Data Protection Officers may be reached at email@example.com.
Information we may collect from you
c. You irrevocably and unconditionally agree and consent that we may collect, use, disclose, share and process the following data about you:
(i) Information that you provide at the time of registering to use our App, subscribing to our service, posting material or requesting further services. The information includes but is not limited to your mobile phone number, email address, your name and your gender. We may also ask you for information when you enter a competition or promotion sponsored by our partners, and when you report a problem with our App;
(ii) Information that you provide at the time of uploading content onto the App including information on the general position system (GPS);
(iii) If you contact us, we may keep a record of that correspondence;
(iv) We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
(v) Details of transactions you carry out through our App and of the fulfilment of your orders; and
(vi) Details of your visits to our App and the resources that you access.
d. We may collect information about your mobile phone, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers and Merchants. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
Where we store your personal data
f. All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
g. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Uses made of the information
h. We use information held about you in the following manner:
(i) To ensure that content from our App is presented in the most effective manner for you and for your device;
(ii) To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
(iii) To carry out our obligations arising from any contracts entered into between you and us;
(iv) To allow you to participate in interactive features of our service, when you choose to do so; and
(v) To notify you about changes to our service;
i. We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email, post or telephone.
j. We may provide our business associates, partners or advertisers with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, graduate women). We may make use of the personal data we have collected from you to enable us to comply with our business associates’, partners’ or advertisers' wishes by displaying their advertisement to that target audience.
Disclosure of your information
k. We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act (Cap 50).
l. We may disclose your personal information to third parties:
(i) In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
(ii) If HitPay Payment Solutions Pte Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
(iii) If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms [LINK TO TERMS & CONDITIONS].
m. Our App may, from time to time, contain links to and from the Apps of our partner networks, advertisers and affiliates. If you follow a link to any of these Apps, please note that these Apps have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these Apps.
Access to information
n. The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of S$10.00 to meet our costs in providing you with details of the information we hold about you.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our App This acceptable use policy applies to all users of, and visitors to, our App.
Your use of our App means that you accept, and agree to abide by, all the policies in this acceptable use policy.
a. You may use our App only for lawful purposes. You may not use our App:
(i) In any way that breaches any applicable local, national or international law or regulation;
(ii) In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(iii) To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(iv) To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
b. You also agree:
(ii) Not to access without authority, interfere with, damage or disrupt:
a. any part of our App;
b. any equipment or network on which our App is stored;
c. any software used in the provision of our App; or
d. any equipment or network or software owned or used by any third party.
c. These content standards apply to any and all material which you contribute to or post on our App (“contributions”).
d. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
e. Contributions must:
(i) Comply with applicable law in Singapore and in any country from which they are posted.
f. Contributions must not:
(i) Contain any material which is defamatory of any person;
(ii) Contain any material which is obscene, offensive, hateful or inflammatory;
(iii) Promote sexually explicit material;
(iv) Promote violence;
(v) Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
(vi) Infringe any copyright, database right or trade mark of any other person;
(vii) Be likely to deceive any person;
(viii) Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(ix) Promote any illegal activity;
(x) Contain any content with seditious tendency or political references;
(xi) Promote ill-will and hostility amongst the users or general public of Singapore;
(xii) Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(xiii) Be likely to harass, upset, embarrass, alarm or annoy any other person;
(xiv) Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(xv) Give the impression that they emanate from us, if this is not the case;
(xvi) Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
g. We will determine, in our absolute discretion, whether there has been a breach of this acceptable use policy through your use of our App. When a breach of this policy has occurred, we may take such action as we deem appropriate.
(i) Immediate, temporary or permanent withdrawal of your right to use our App;
(ii) Immediate, temporary or permanent removal of any posting or material uploaded by you to our App;
(iii) Issue of a warning to you;
(iv) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(v) Further legal action against you; or
(vi) Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
i. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
j. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our App.
[KS1]This might change with the new payments regulations. MAS called for feedback on the draft regulations. To monitor mplementing regulations to be issued in the coming months.
[KS2]Procedurally, please send a reminder to users to withdraw their balance once the 6 month mark has been reached, and remind them of the 6 month grace period.