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1. Welcome to ipaymy
ipaymy Technology Pte. Ltd. is a Singapore registered entity (UEN No. 201535772K). It is a technology company having its headquarters at 8 Marina Boulevard, Marina Bay Financial Centre Tower 1, Level 11, Singapore 018981 (“ipaymy SG”). ipaymy for Business SDN. BHD. is a Malaysia registered entity (1280421-T) having its office at Megan Avenue II Jalan Yap Kwan Seng B-11-10, 50450, Kuala Lumpur (“ipaymy MY”). ipaymy Limited is a Hong Kong registered entity (2692807) having it’s office at No 5 17/F Bonham Trade Centre, 50 Bonham Strand Sheung Wan, Hong Kong “ipaymy HK”). ipaymy Pty. Ltd. is an Australian registered entity (IND100740538-001) having it’s office at 5 Marseille Court, Bundall, Queensland 4217 Australia (“ipaymy AU”). ipaymy SG, ipaymy MY, ipaymy HK and ipaymy AU are hereinafter collectively referred to as “ipaymy”. ipaymy offers an online platform which allows you to pay rent, salaries and invoices using your credit card. It works like credit card but pays like cash. Our goal is to empower individuals and SMEs to meet their payment obligations via their credit cards lying in their wallets.
These terms and conditions lay down the policies and procedures which govern us and the services we provide via our platform. The information on the ipaymy website is intended to be general in nature and is not personal financial product advice. It does not take into account your objectives, financial situation or needs. Before acting on any information, you should consider the appropriateness of the information provided and the nature of the relevant financial product having regard to your objectives, financial situation and needs.
2. Purpose
These Terms and Conditions (“Agreement”) apply to your use of www.ipaymy.com (referred here as “ipaymy”, “website” “us” “we”, “our company” or “platform”) and the Services and products provided by us. This is a legal and enforceable contract between you and ipaymy.
THIS IS AN IMPORTANT DOCUMENT, AND WE URGE YOU TO READ THIS AGREEMENT CAREFULLY WHEN CHOOSING WHETHER TO USE IPAYMY SERVICES. PLEASE READ THIS AGREEMENT PRIOR TO USING OUR WEBSITE. BY BROWSING, REGISTERING FOR IPAYMY ACCOUNT, ACCESSING OR USING ANY IPAYMY SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ANY ADDITIONAL GUIDELINES REFERENCED IN THIS AGREEMENT (INCLUDING OUR PRIVACY POLICY https://ipaymy.com/privacy-policy/ WHICH GOVERNS OUR COLLECTION AND USE OF PERSONAL DATA). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORISED TO USE OUR SERVICES AND YOU MUST CLOSE YOUR ACCOUNT AND FOLLOW THE APPROPRIATE INSTRUCTIONS IN THIS AGREEMENT.
3. Definitions
When used in this Agreement, each of the following words and phrases shall have the meanings set out below:
(a) “Agreement” means these Terms and Conditions, including related schedules, policies and other documents referenced herein as may be amended from time to time;
(c) “Beneficiary” means a business entity or individual authorized by you as the receiver of Payment Amount.
(c) “Business Days” means Monday to Friday excluding public holidays in Singapore, Malaysia, Hong Kong and Australia;
(d) “Licence Fee” means the non-refundable flat percentage fee charged by ipaymy to you for use of our Services and will include any other promotional licence fee that you may be charged from time to time for the use of Services
(e) “Payment Amount” refers to the aggregate Singapore dollar value, or Malaysian Ringgit value, or Hong Kong dollar value, or Australian dollar value of a payment exclusive of licence fee, which shall be transferred to the Beneficiary.
(f) “Card”- means an accepted Credit/Debit Card” used or to be used by you in relation to the Services and for debit card it includes only debit card issued by Visa and MasterCard and for credit cards it includes only the credit cards issued by MasterCard, Visa or American Express.
(g) “Payment” means the successful act of fund transfer against the goods and services availed.
(h) “Card Charging Date" is the date on which your Card is charged to initiate the making of a Payment.
(i) "Scheduled Payment" is a Payment which has been created on the platform with a future Card Charging Date.
(j) “Services” means and includes all the products, facilities, services, features, technologies or functionalities provided by us on our Website or through any other means.
(k) “Site” means the website located at www.ipaymy.com and all related webpages as well as any app (“Applications”) or any other media in an electronic form.
(l) “user”, “you” or "your" “client” means you and any other person (authorized by you) or any entity using the Services;
(m) “User Account”- means a user’s account that is created by an individual consumer or business for accessing and using ipaymy Services;
4. ipaymy Services
ipaymy provides Services which enable Users to pay rent, salaries and invoices to a relevant Beneficiary which may be a landlord, employee and/or supplier via credit/debit card(s). ipaymy charges users a Licence Fee for use of the Services. Users may be located anywhere in the world. All they need is an account on the website to pay to their beneficiaries. Our Company is merely providing a service to facilitate the above mentioned transactions between yourself and your Beneficiary and we are not and do not hold ourselves out as a bank, remittance agent or payment systems or payment gateways and we do not offer banking, money remittance or payment system services as defined by the applicable laws or the law of the Republic of Singapore, or the laws of republic of Malaysia, or the laws of Hong Kong, or the laws of Australia. Our Company is merely providing a platform and we act as per your the instructions in providing all the Services.
5. Capacity to enter into these terms and conditions
You represent and warrant to ipaymy that: a) if you are an organisation, you are duly organised and validly existing (or, if an individual, are of legal age and under no legal disability or incapacity) and have full power and authority to enter into, and take all necessary steps to enable you to lawfully enter into, these Terms & Conditions and the transactions contemplated herein, and perform obligations as mentioned herein.
6. Your Representations and Warranties
You represent and warrant to ipaymy that:
7. Geographies covered
ipaymy currently has offices in Singapore, Malaysia, Hong Kong and Australia. Using ipaymy, a user can make payments to his Beneficiary either located in Singapore, or in Malaysia, or in Hong Kong, or in Australia. ipaymy users can make payments to their Beneficiaries having a bank account in Singapore, or a bank account in Malaysia, or a bank account in Hong Kong, or a bank account in Australia only. The transfers to Singapore bank account shall be done only in Singapore dollars, transfers to Malaysian bank account shall be done in Malaysian Ringgit, transfers to Hong Kong bank account shall be done in Hong Kong Dollar and transfers to Australian bank account shall be done in Australian dollar. We shall only transfer the funds to the beneficiary account in the currency in which the funds are received by ipaymy. Please note that our Company is not involved in cross border payments. We are planning to expand to other countries soon, so follow our Facebook Page and keep checking our Site for latest updates. Additionally, you can use and access the Site from anywhere in the world to create a Payment as long as you use a Card for that. Some Services may only be supported for certain geographies. Write to us on support@ipaymy.com to know more on what services are available in which geography.
8. An Independent Party
ipaymy is an independent party providing services to you and is in no way related to your Beneficiaries, except where otherwise indicated. Accordingly, ipaymy has no responsibility and will not be liable for any consequences/disputes resulting from your communication or contracts with your Beneficiaries, including but not limited to payment terms, the proper and timely delivery of goods or services. ipaymy may use third party service providers which may include other SAAS companies, software providers, technical partners who are not liable to you in any manner with regard to the Services we provide you through our website.
9. ipaymy Account
In order to use our Services, you are required to create ipaymy account and provide us the following information:
You agree to provide at all times complete, accurate, and up-to-date information with regard to the above. ipaymy reserves the right to impose restrictions on access and usage of the Services and the volume, frequency, and delivery timeline of Payments submitted.
10. Data Protection and Privacy Policy
All personal and business-related data and documents that you provide us while accessing or using our Services is governed by our Privacy Policy found here. To be compliant with the anti-money laundering and CFT rules/guidelines ipaymy may obtain and conduct due diligence/KYC checks on yourself and your beneficiaries. You authorize ipaymy, directly or through third parties, to make any inquiries we consider necessary to verify your identity, your beneficiaries identity and the respective documents. This may include asking you for further information, and verifying your information against third party KYC databases or through public and private sources. If ipaymy cannot establish you or your beneficiary’s identity, ipaymy has the right to deny you use of the Services.
11. Non-Acceptable Use
Our Site is private property. All interactions on this Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion), restricts or inhibits any other user from using or enjoying any part of this Site, we may limit your privileges on the Site and seek other remedies
You agree not to engage or use the Services:
12. Suspected non-acceptable use
ipaymy may reject any payment that is believed to be unauthorized or made by someone other than the account holder, may violate any law, rule or regulation, or if ipaymy has reasonable cause not to honour it.
If any single transaction is investigated and is determined to be fraudulent, ipaymy may terminate the relevant user’s account and such default and fraudulent transaction may be reported to legal authorities.
ipaymy may request more information relating to your use of the Services to seek to identify any non-acceptable use listed above. You agree to cooperate in any investigation and to provide confirmation of your identity and any information you provide to us, as we may require.
If we have reason to believe that you have engaged in any non-acceptable use, ipaymy may in its sole discretion and at any time, take any or all of the following actions:
ipaymy will provide you with notice of any of the above actions. If applicable, ipaymy may request more information regarding your use of the Services to better determine whether any non-acceptable usage has occurred.
13. Closing ipaymy Account
You may request for closing of your ipaymy account by e-mailing us at any time at support@ipaymy.com.
You will remain liable for all obligations related to your account even after your Account is closed, including any fees or charges already due to ipaymy. You may not close your account to evade an investigation. ipaymy also reserves the right to close your account at any time with or without notice to you.
Any Payments processed prior to account closure will be completed, all Scheduled Payments whose Card Charging Date has not yet passed at the time of account closure will be considered cancelled.
ipaymy may retain data associated to your usage of the Services in accordance with applicable regulatory and compliance obligations.
14. Payments
A. Payment Creation
Payments can be created for immediate or future processing using the Services. Payment creation requires you to specify the following:
B. Scheduled Payments
I. One Off Scheduled Payment
Payments may be scheduled with a future date which will be the date on which a Card is charged (“Card Charging Date”). Such Payment are called One Off Scheduled Payments. The Card Charging Date is attached to a Card at time of Payment creation and remains valid throughout until the Card is charged. The details of a One Off Scheduled Payment, including Licence Fees rates and promotions, are determined at time of Payment creation, except where noted otherwise.
Prior to its Card Charging Date, a One Off Scheduled Payment may be turned inactive or edited by the user. Editing a One Off Scheduled Payment is treated as turning off the original One Off Scheduled Payment and creation of a new One Off Scheduled Payment and accordingly may result in alterations not specifically requested including but not limited to recalculation of associated licence fees, qualification for current promotion, or disqualification of expired promotions.
II. Recurring Scheduled Payment
Recurring Payments may be scheduled with a future start date and a future end date. Such Payment are called Recurring Scheduled Payments. The future start date for a Payment shall be the date on which a Card is charged for the first time (“First Card Charging Date”) and the Future end date is the date on which the Card is charged for the last time (“Last Card Charging Date). The First Card Charging Date and Last Card Charging Date is attached to a Card at time of Payment creation and remains valid until the Last Card Charging Date. The details of a Recurring Scheduled Payment, including Licence Fees rates and promotions, are determined at time of Recurring Scheduled Payment creation, except where noted otherwise.
Prior to First Card Charging Date, a Recurring Scheduled Payment may be turned inactive or edited by the user. Editing a Recurring Scheduled Payment is treated as turning off the original Recurring Scheduled Payment and creation of a new Recurring Scheduled Payment and accordingly may result in alterations not specifically requested including but not limited to recalculation of associated licence fees, qualification for current promotion, or disqualification of expired promotions.
C. Payment Processing
Payments submitted for immediate processing will require successful debiting of the Card at time of payment creation, while Payments which will accrue on a future date will require the Card to be charged on the Card Charging Date indicated for the Payment. If a Card is not charged, ipaymy will be not be able to transfer the funds to your Beneficiary. You agree not to hold ipaymy responsible for any delay as a result of failure in charging of card on a Card Charging Date. After each Payment is processed you are provided with a unique receipt number in relation to your Payment.
D. Transfer of Funds to Beneficiary
Once your card is charged it will take 4 business days from the Card Charging Date for the funds to reach your Beneficiary. However, the funds transferred to your Beneficiary may fail because of a number of reasons including but not limited to invalid beneficiary account number, incorrect bank name, incorrect swift code, improper documentation etc. You agree not to hold ipaymy responsible for any delay beyond 4 days in transferring the funds to your Beneficiary. ipaymy has the absolute discretion to refuse/stop the transfer of any Payment for reason/reasons that may or may not be notified to a user.
E. Licence Fee
When making a Payment using the Services, our company will charge you a non-refundable Licence Fee. The Licence fee is charged on a per transaction basis. This Licence Fee is payable in addition to the Payment Amount.
Licence Fees for immediately processed Payments are charged in real-time upon submission. Licence Fees for Scheduled Payments are determined at time of submission and will be charged on the Payment’s Card Charging Date. If a Scheduled Payment is edited prior to its Card Charging Date, the applicable Licence Fee will be recalculated based on the presently defined rules which may result in a change in Licence Fee
F. Changes in Licence Fees
Licence Fees may change, depending upon factors including but not limited to the Card used, any applicable Promotions, and other variables both which may or may not be controlled by ipaymy. Fees are subject to change at any time without prior notice and are calculated in real time and presented to you during review of your Payment, prior to submission. Any promotion will have a subset of terms and conditions and the user will be entitled to the promotion only if they adhere to all the terms and conditions attached to a promo code.
G. Payment Dispute and Refund of Licence fees
If your Payment is not processed or wrongly processed for any reason including but not limited to the following reasons:
ipaymy shall not be responsible for any delays in payments or incorrect transferring of the Payment Amount. ipaymy may choose to assist the user out of goodwill in contacting the party that received the payment to request a refund to be issued to the user. However, ipaymy shall not be liable to reimburse any Payment Amount or to reverse any transaction that has been made as a result of the user’s error or negligence.
Upon completion of Payment, the user accepts and agrees that no refunds, cancellations or charge backs are permitted through the ipaymy site. Additionally, the user accepts and agrees not to request a refund, cancellation or charge back of Licence Fees from his/her Card issuing bank, bank or any other person or ipaymy.
In the case that Payment should be refunded, cancelled or charged back by the user’s Card issuing bank or any other person, the user is not entitled to the return/refund of any associated ipaymy Licence Fees, irrespective of the reason for such refund, cancellation or charge back. The user is also responsible for the payment of any associated payment dispute and refund fees.
In order to ensure adequate operational support for customers in respect of refunds and cancelations (where applicable), the following 4 entities shall be responsible for transactions conducted in the following countries:
H. Card Delays and Non-Completion
Notwithstanding anything contained in these Terms and Conditions some Card Payments may take up at least 5 Business Days or such number of Business Days. Furthermore, completion of a Card payment is contingent on both the authorization of the Card Payment and acceptance of the Card. In the event that a Card payment is unable to be completed, we will attempt to notify you at least once using the contact information in your User Account. In the case of such delay or non-completion, your liability to the intended recipient of the Card Payment may be subject to penalties, late fees and interest charges assessed by such recipient, all of which remain your responsibility (and not us). If a Payment is not completed, you are not entitled to a return of any licence fees charged by us, irrespective of the reason for non-completion.
I. Payment Limits
We may, at our sole discretion, impose limits on the Payment Amount you can send through our Services.
15. Acceptable Card
ipaymy platform supports Cards issued by Visa and MasterCard.
16. Taxes
It is your responsibility to determine what, if any, taxes apply to the Payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Our company is not responsible for determining whether taxes apply to your Payment transaction, or for collecting, reporting or remitting any taxes arising from any Payment transaction.
17. Availability of the Site
You acknowledge that there may be interruptions in Services or events that are beyond our control. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. Our company retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
18. Ownership of the Site
Your access to the Service is subject to a licence from us to use the same and nothing herein shall be construed as a sale of any part the Site or the rights or title to you. The content and information on the Site and the Service, as well as the infrastructure used to provide both, and all materials therein or transferred thereby and all intellectual property rights related thereto, are the exclusive property of our company and its licensors and other partners where relevant. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a licence in or under any such intellectual property rights and you shall not modify, adapt, edit, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, or sell or resell any information, software, products or services obtained from or through the Site.
19. Limitation of Liability
YOU AGREE THAT OUR COMPANY IS MERELY PROVIDING A PLATFORM AND THEREFORE, YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR (A) ANY BREACHES, FRAUD, DISHONESTY, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY THIRD PARTIES CONTRACTING WITH YOU ON THE SITE AND (B) ANY CLAIMS FOR INJURIES, ILLNESSES, DAMAGES, LIABILITIES AND COSTS (“LIABILITIES”) THAT YOU MAY SUFFER, DIRECTLY OR INDIRECTLY, IN FULL OR IN PART AS A RESULT OF THE ACTS OR OMISSIONS OF SUCH PAYORS OR THIRD PARTIES OR ANYTHING IN RELATION TO ANY CONTRACT OR TRANSACTIONS YOU MAY ENTER INTO WITH SUCH PAYORS OR THIRD PARTIES, WHETHER RELATED TO THE USE OF THE SERVICE AND/OR THE SITE. 10.2 GENERAL LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO AND HEREBY WAIVE AND RELEASE OUR COMPANY, ITS SUBSIDIARIES, AFFILIATES PARTNERS, OFFICERS, DIRECTORS, STAFF MEMBERS, STOCKHOLDERS AND AGENTS FROM ANY LIABILITIES ARISING FROM OR RELATED TO (I) ANY BREACHES, MISFEASANCE OR FAILURE TO DISCHARGE ANY DUTY OF CARE OR OBLIGATIONS ON THE PART OF ANY LANDLORDS OR THIRD PARTIES CONTRACTING WITH YOU ON THE SITE AND/OR (II) ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, (INCLUDING, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF IPAYMY EXCEED 500 SINGAPORE DOLLARS.
10.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. WHILE RECEIVING AND PROCESSING PAYMENTS WE MERELY ACT ON THE INSTRUCTIONS OF OUR USERS AND WE SHALL NOT BE LIABLE FOR ANYTHING EITHER BEFORE PROCESSING OF THE PAYMENT OR AFTER WE HAVE PROCESSED THE PAYMENT.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
20. Links to Third Party Sites
The Site may contain links to third party websites that are not owned, operated, or controlled by us. We cannot and do not assume responsibility for the content, privacy policies, or practices of such websites or the companies that own or operate them. We cannot and will not censor or edit the content of any third-party site. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website.
21. Intellectual Property
A. Ownership
(a) Everything located on or in the Site and the application is the exclusive property of our company or is being used with permission. Any copying, distributing, transmitting, posting, linking, deep linking, or otherwise modifying of this Site (or microsites) or the application without the express written permission of our company is prohibited. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
(b) This Site and the Application contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site and Application are protected by copyright as a collective work under the Singapore copyright laws. WE own the copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. You may download, print, and/or save copyrighted material for your personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express written permission of us or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or deletion of any author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material from the Site and the Application.
(c) You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. We do not have any express burden or responsibility to provide you with indications, markings or anything else that may aid you in determining whether the material in question is copyrighted or trademarked. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted our company the royalty free, perpetual, irrevocable, nonexclusive right and licence to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other Users to access, view, store or reproduce the material for that End User’s personal use. You also grant us the right to edit, copy, publish and distribute any material that you make available on this Site and the Application.
B. Copyright Policy
Our company reserves the right to terminate its agreement with you or any other User who infringes third party copyright. If you believe that your materials has been copied, reproduced or otherwise dealt with by another party in a manner that may constitute copyright infringement, or if your intellectual property rights have been otherwise violated, please provide us with the following information:
(a) a description of the copyrighted work or other intellectual property that you claim has been infringed
(b) the nature of the authorization or relationship where it is alleged that a third party authorizes the infringement by another
(c) where the material that you claim is infringing is located on the site
(d) your full name, address, telephone number, and email address
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the lawful owner
(f) a statement by you, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
If you believe any of your materials that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the advertisement or materials, you may send a counter-notice containing the following information to us:
(a) your full name, address, telephone number, and email address
(b) identification of the material that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(c) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the contents removed
(d) A statement that you consent to the jurisdiction of the Singapore courts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we may send a copy of the Counter-notice to the original complainant informing that we will replace the removed content or cease disabling it within 10 business days unless an action is filed in court against you the content provider. If no action is filed by the original complainant in court, the removed content may be replaced, or access to it restored, within 10 to 14 business days or more after receipt of the counter-notice.
In accordance with copyrights and other applicable law, our company has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
22. Disclaimer of Warranty
Without prejudice to the foregoing, you expressly agree that use of this Site and the application is at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Without limiting the foregoing, neither our company, its subsidiaries, affiliates or any of their respective staff members, agents, licensors, or any of their officers, directors, staff members or agents, warrant that use of the Site and the Application will be uninterrupted or error free; nor do they make any warranty as to (a) the results that may be obtained from use of this site, or (b) the accuracy, reliability or content of any information or service provided through this Site and the Application. The Site and Application are made accessible on an “as is” and “as available” basis. We hereby disclaim any representations, warranties and conditions, whether express or implied, including those to title non-infringement, merchantability, and fitness for a particular purpose.
The Site and the Application is controlled and offered by us from our offices in Singapore. We make no representations that the Site and the Application are appropriate or available for use in other locations. Those who access or use the Site and the application from other jurisdictions will have to satisfy themselves and ensure that they comply with local law or regulations.
By posting or placing any information or other material such as but not limited to any pictures, photographs or videos in the Site (including but not limited to posting messages, uploading files, inputting data or engaging in any other form of communication), you automatically grant (or warrant that the owner of such content has expressly granted) to us a perpetual, royalty free, non-exclusive, irrevocable, unrestricted, worldwide licence to use, copy, sublicence, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any such materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to the Site alone or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sub licences.
23. Indemnity
You agree to defend, indemnify and hold harmless our company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their staff members, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third party rights, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code or (viii) the acts, omissions and default of your agents or representative in relation to the Site and Services.
24. Termination
We may terminate or update these Terms of Use at any time, or suspend access to the Site immediately, without prior notice or liability, if you breach any terms of this Agreement in particular the terms at clause 2 herein or for any other reason. Without limiting the foregoing, we shall have the right to immediately terminate or suspend any of your passwords or accounts in the event our company considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.
25. Additional Disclosures
No waiver by either you or our company of any breach or default or failure to exercise any right allowed under this Agreement is a waiver of any preceding or subsequent breach or default or a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court or arbitrator of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.
The provisions of these Terms of Use apply equally to and are for the benefit of our company, its subsidiaries, affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
26. Miscellaneous
A. Entire Agreement
This agreement constitutes the entire agreement between the you and ipaymy and supersedes and extinguishes all previous drafts, agreements, arrangements and understandings between you and ipaymy, whether written or oral, relating to our Services.”. Further the following documents are incorporated into these terms and conditions-:
In the event of any inconsistency between these Terms & Conditions and the above mentioned documents, these Terms & Conditions shall prevail.
B. Reservation of Rights
The failure of either party to exercise in any respect any right provided in this Agreement will not be deemed a waiver of such rights.
C. Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
D. Assignability
This Agreement, and any rights and licences granted hereunder, are not assignable, transferable or sub-licensable by you except with our company’s prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment is violation hereof and shall be null and void.
E. Merger
Both parties agree that these Terms & Conditions and any other legal notices published by us on the Site or the Application, are the complete and exclusive statements of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter hereof, and that all modifications must be in a writing signed by us, except as otherwise provided herein.
F. Independent Contractors
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
G. Governing Law
The Terms & Conditions or any legal relationship between you and us shall be governed by the laws of Singapore without regard to its conflict of law provisions. Where a Payment relates to Malaysia these Terms and Conditions including the parties shall be governed by the laws of Malaysia. Where a Payment relates to Hong Kong these Terms and Conditions including the parties shall be governed by the laws of Hong Kong. Where a Payment relates to Australia these Terms and Conditions including the parties shall be governed by the laws of Australia. Both you and we agree to submit to the non-exclusive jurisdiction of the courts of Singapore. The United Nations Convention on International Sales of Goods shall not apply here.
H. Causes of Action
Any cause of action or claim you may have with respect to our company must be commenced within one (1) year after the claim or cause of action arises. If any action in law or in equity is necessary to enforce the terms of this Agreement, and/or our Privacy Policy herein, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled.
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