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Terms of Services These terms and conditions ("Terms and Conditions") set out the respective rights and obligations of and constitute the agreement between the Customer and Mobile Credit Payment Pte Ltd ("MCP") in relation to MCP's supply and the Customer's use of the Services (as defined below). By submitting an application to register with MCP for purposes of opening a MCP Account (as defined below), the Customer agrees to be bound by these Terms and Conditions upon and with effect from the date of MCP's approval and acceptance of the said application. 1. Meanings and Interpretations 1.1 The following capitalized expressions used in these Terms and Conditions shall have the meanings set out opposite them respectively. "Customer" Such person or other legal entity whose application to utilize the Services is approved and accepted by MCP. "Customer Information" All information provided by the Customer to MCP pursuant to these Terms and Conditions or otherwise in connection with the Customer's use of the Services. "Customer Phone" The cellular mobile telephone used or to be used with the SIM Card by the Customer where the Customer may be reached by MCP by dialing the Customer Phone Number. "Customer Phone Number" The unique telephone number embodied in the SIM Card and as notified by the Customer to MCP for purposes of connecting to the Customer Phone in connection with the Customer's use of the Services. "Default Payment System" The payment system to which the Customer subscribes under his Payment Account and which the Customer nominates to MCP as the payment system in respect of which the Services are to be provided by MCP to the Customer. "Internet" The world wide network of computer systems interconnected and accessible by software protocols and telecommunication links including the world wide web of electronic websites. "Instruction" Any request, authorization or instruction, in whatever form and howsoever sent, given or transmitted (whether through use of the Customer Phone or any other telecommunications, computer or electronic terminal, equipment, system or otherwise) to MCP in relation to the Customer's MCP Account. "Merchant"
Any merchant, vendor, distributor, reseller or supplier who offers or
provides goods and/or services over the Internet and who is registered
with MCP for the use of the MCP System and "Merchants"
shall be accordingly construed. "Payment Account Number" The number issued and allocated by the Payment Account Issuer to the Customer for and to identify his Payment Account opened and maintained in his name. "Payment
Account Issuer" The party with whom the Customer opens and maintains
the Payment Account, whether being: "Services" The services provided by MCP through the MCP System to facilitate the Customer's use of his Payment Account for making payments to Merchants without having to disclose his Payment Account Number to such Merchants, as may be modified from time to time and "Service" shall mean any of such services. "SIM Card" The removable subscriber identity module smartcard which identifies the Customer Phone Number issued by the relevant telecommunications service provider on whose network the same is configured to and to be used with the Customer Phone. "MCP" Mobile Credit Payment Pte Ltd, a company incorporated in Singapore. "MCP Web-site" This Internet web-site owned and operated by MCP and accessible at the following uniform resource locater (url) http:// www.mcpayment.com or such other web-site designated by MCP. "MCP
Account" The account opened by MCP in the name of the Customer
under these Terms and Conditions following registration of the Customer
with MCP. "MCP PIN" The personal identification number selected and provided by the Customer to MCP upon his registration with MCP in connection with and for his use of the Services. "MCP System" The proprietary system devised and developed by MCP for the purposes of providing the Services. "Terms
and Conditions" These Terms and Conditions including such amendments
and variations as may be effected by MCP from time to time in
accordance with the provisions of these Terms and Conditions. 1.2 Reference to a law, by-law, rule, regulation, directive or order refers to the same as amended, modified or replaced from time to time and to any such law, by-law, rule, regulation, directive or order made under the same. 1.3 References to persons include bodies corporate or unincorporated, including partnerships, their successors and assigns. 1.4 Words importing the singular shall be construed as the plural and words in the masculine gender shall be construed as the feminine gender and/or neuter gender as required by the context in which such words are used. 2. The Services 2.1 MCP agrees to provide the Customer the Services subject to the provisions of these Terms and Conditions and the Customer's compliance with the same. 2.2 The Services are provided by MCP on the basis that: 2.2.1 the Customer will bear full responsibility for the use his MCP Account, Number and PIN, whether the same is used by the Customer or by any other person with or without the Customer's authorisation; 2.2.2 MCP shall not be responsible for monitoring or controlling any activity carried out in or through any MCP Account, including any verifying whether that any Instruction issued is with the Customer's authorisation; and 2.2.3 the Customer shall not hold MCP (or its operators or licensors) liable in any way for any losses or liabilities arising as a result of any operation or use of or access to his MCP Account or MCP Number, including such operation, use or access by any unauthorised person. 3. Customer's Qualifications 3.1 The Customer shall only be entitled to use the Services if: 3.1.1 the Customer has the legal capacity to enter into and form contracts under the applicable laws; 3.1.2 the Customer has duly submitted his application to register with MCP and truthfully provided to MCP all information required in connection with such application, including without limitation his personal particulars, the particulars of his Payment Account and his Customer Phone Number; 3.1.3 MCP has processed and approved the Customer's application and has registered and opened the MCP Account in the Customer's name and assigned the MCP Number in respect thereof to the Customer; 3.1.4 the Customer has a valid subscription in his own name for the use of the Customer Phone Number with the relevant telecommunications service provider on whose network the same is configured to; 3.1.5 the Customer has paid to MCP all fees due and payable in relation to MCP's provision of the Services to the Customer, at the rates and on the terms as set out at the MCP Website from time to time; 3.1.6 the Merchant to whom the Customer proposes to make payment through use of the Services has been duly registered with MCP for use of the MCP System; 3.1.7 all Customer Information provided by the Customer to MCP (whether in connection with registration or from time to time thereafter) is accurate and complete, and is and shall be further maintained and updated promptly by the Customer so as to ensure the accuracy of the Customer Information at all times; and 3.1.8 the Customer fully abides by and complies with these Terms and Conditions at all times. 3.2 For the avoidance of doubt, MCP reserves the right and discretion to approve or reject any application made by a potential Customer to register with MCP for purposes of using the Services based on its own qualifying criteria from time to time. 3.3 In the event that the Customer is in breach of any of these Terms and Conditions or has been suspended permanently or temporarily from using the Services, whether or not he has been notified, he will be precluded from using the Services, and the MCP Web-site regardless of whether he satisfies the conditions in Clause 3.1. 4. Obligations and Warranties of Customer 4.1 The Customer
hereby represents, warrants and undertakes: 4.1.2 to be solely responsible for the operation and use of the Customer Phone, his MCP Account, MCP Number and the use of the Services under such MCP Account, whether the same is used by the Customer or by any other person with or without the Customer's authorisation; 4.1.3 to maintain the security and confidentiality of his MCP PIN and not permit any other person to have access to or knowledge of the same, and to use the same only for the purposes contemplated by these Terms and Conditions; 4.1.4 not to dispute the source of any Instruction and/or the validity and legitimacy of any transaction carried out by MCP pursuant to such Instruction where the necessary authority and confirmation has been given over the Customer Phone pursuant to Clause 6.2 below; 4.1.5 to ensure that all Customer Information is accurate, truthful and complies with the requirements of MCP (if any) and given on the basis of these Terms and Conditions; 4.1.6 not to do any act which may impose an unreasonably or disproportionately large load on the infrastructure or facilities or interfere with the proper working of the MCP Web-site whether by the use of any device or software; 4.1.7 not to undermine the security or integrity of the MCP System and/or the computer systems or networks used by MCP in any manner whatsoever, including without limitation introducing into the systems or networks any viruses, Trojan horses, time-bombs or other disabling devices intended to detrimentally interfere, damage, surreptitiously intercept or expropriate such systems or networks; 4.1.8 not to gain or attempt to gain unauthorised access to the computer systems or networks of MCP or the MCP Accounts of other Customers; 4.1.9 not to engage in the operation of any unlawful business and not use or permit any person to use the Customer's MCP Account for any unlawful purpose or in contravention of any laws, or rules, byelaws or regulations of any government or quasi-government body; and 4.1.10 generally to comply with the directions or requirements of MCP in the use of the Services and these Terms and Conditions. 4.2 In the event of any breach of these Terms and Conditions or suspected breach of the applicable laws, the Customer agrees to grant MCP or such authority as may be necessary access to his MCP Account for the purposes of investigation if required by MCP. 5. MCP Account, MCP PIN, Customer Phone Number and Security 5.1 The Customer may only access his MCP Account and make use of the Services using his MCP Number and his MCP PIN. 5.2 In the event that the Customer loses or forgets his MCP Number, his MCP PIN, and/or his Customer Phone Number, or discovers that the same has been compromised in any manner, or discovers that his Customer Phone and/or SIM Card has been lost or stolen, the Customer shall:- 5.2.1 notify MCP immediately of the said loss, compromise or theft over the MCP Website pursuant to which MCP will as soon as practicably possible block the usage of the MCP Account, and/or the Customer Phone Number for any transactions under the MCP Account, as the case may be; 5.2.2 confirm the notification under Clause 5.2.1 by letter which may be forwarded to MCP mailing address or contact, which address and/or facsimile number may be substituted from time to time by MCP's notification to the Customer, and following MCP's receipt of such confirmation, it will close the Customer's existing MCP Account, without prejudice to the Customer's obligation to pay to MCP all fees and other sums due and payable under these Terms and Conditions in relation to the said MCP Account; 5.2.3 forthwith cease to use the lost, compromised or stolen MCP Number, MCP PIN, Customer Phone Number and/or MCP Account, as the case may be; and 5.2.4 effect registration and commence use of the substitute MCP Number, MCP PIN, Customer Phone Number and/or MCP Account, as the case may be; 5.3 The Customer shall be responsible for maintaining the use of his MCP Account,the MCP Number, the Customer Phone, the SIM Card and the Customer Phone Number, as well as the confidentiality of his MCP PIN, whether the same is used by the Customer or by any other person with or without the Customer's authorisation. The Customer further undertakes to be responsible for all activities and actions, made under his MCP Account and/or using his MCP Number and/or MCP PIN, whether authorised by the Customer or not. 6. Instructions 6.1 MCP may rely and act upon any Instruction given by the Customer or by any other person with or without the Customer's authorisation with respect to the operation of his MCP Account. 6.2 For the
purposes of these Terms and Conditions, MCP shall be entitled
to assume that an Instruction has emanated from and/or the payment transaction
pursuant to such Instruction has been authorized by the Customer if such
Instruction is confirmed over the Customer Phone by any person using the
MCP PIN that MCP has on its records. 6.4 Following the conclusion of a payment transaction under Clause 6.3 above, MCP will send or post a text message setting out the details of the said payment transaction:- 6.4.1 to either the Customer Phone and/or the e-mail address provided by the Customer upon registration with MCP; and/or 6.4.2 to the statement of the Customer's MCP Account maintained on this MCP Web-site, which statement the Customer may only access with his MCP PIN, and the said text message shall constitute the conclusive record of the payment transaction in question save for manifest error. 6.5 Where MCP is unable to obtain confirmation of the Instruction in accordance with the provisions of Clause 6.3 above despite various attempts on its part, it will NOT proceed with the payment transaction and the particulars of such failed transaction will be posted on the statement of the Customer's MCP Account on the MCP Web-site. 6.6 Without prejudice to the generality of Clause 13, MCP shall not be held liable for any losses, damages or claims arising from delay, failure or inability to:- 6.6.1 act on any Instruction; 6.6.2 obtain confirmation of any Instruction received; or 6.6.3 complete any required payment transaction pursuant to an Instruction received, due either to any act or omission on the part of MCP, its employees, officers or agents, or for any other reason whatsoever. 6.7 Bank Account Direct Debit Where the Customer selects direct debit authorisation from his bank account ("the Bank Account") as the Default Payment System hereunder, the Customer additionally: 6.7.1 undertakes and represents to MCP that - (i) he has
and will maintain sufficient funds in the Bank Account to cover the required
payment to the Merchant in question ("the Required Payment")
through use of the Services; 6.7.2 acknowledges, agrees and consents to - (i) the need for the Customer to use his personal identification number for the operation of the Bank Account in connection with the use of the Services; and (ii) the transfer of funds from the Bank Account to such account as nominated by MCP to facilitate the Required Payment. 7. Goods and Services Supplied by the Merchant 7.1 MCP shall not be responsible in any way for:- 7.1.1 any goods and/or services supplied to or ordered or purchased by the Customer from any Merchant notwithstanding MCP's provision of the Services in connection therewith; or 7.1.2 any disputes or claims relating to such goods or services or the failure or delay by any Merchant in delivering or performing the same. 7.2 The Customer agrees that he shall not involve MCP in any way in any matter relating to the said goods and/or services or claim or dispute arising in connection therewith and shall look to or settle the same directly with the relevant Merchant without recourse to MCP. 7.3 The Customer agrees that notwithstanding the Merchant's registration with MCP, the Merchant is not and shall not be considered in any way to be an agent of or otherwise endorsed, approved or recommended by MCP in any respect and shall accordingly make his own assessment and judgement of each Merchant in purchasing or ordering goods or services from or transacting with such Merchant. 8. Rights of MCP 8.1 MCP has the right, and shall continue to reserve the right (but shall not be obliged) to: 8.1.1 verify with any third parties (including credit card companies, banks, financial institutions, telecommunication service operators and other service providers) all and any Customer Information, which the Customer hereby consents to, and to request additional information and data from the Customer as MCP deems appropriate; 8.1.2 verify and be satisfied with respect to the identity of the person purporting to give any Instruction or the source and origin of any Instruction and MCP may defer relying or acting upon any Instruction unless and until MCP is satisfied as to the matters on which MCP has sought verification regardless of whether MCP is under any obligation to act upon or carry out that Instruction; 8.1.3 monitor, screen, censor or control any activity carried out on or, content or material appearing on the MCP Web-site and investigate any violation or non-compliance with these Terms and Conditions; and/or 8.1.4 do all such acts as may be necessary to ensure the smooth running of the MCP System and the provision of the Services. 8.2 MCP further retains the right, at its discretion, to: 8.2.1 reject, remove, relocate or block any material or content on the MCP Web-site; 8.2.2 modify, delete or edit the Services or part thereof, or stop or suspend the same in respect of any one or more MCP Account(s); or 8.2.3 prevent or restrict the Customer from accessing or using the MCP Web-site, the Services and/or the MCP System or any part thereof. 9. Grant of rights 9.1 All information that the Customer may obtain from or through the MCP Web-site in connection with or in the course of his use of the Services, whether intended or by accident, shall be kept confidential and the Customer shall not disclose such information or use the same other than as obviously contemplated under these Terms and Conditions or with MCP's express written consent. 9.2 The Customer acknowledges that the copyright, trade marks and other intellectual property rights comprised in the information, text, graphics, scripts, software, technology, music, sound, photograph or any other materials or works used on, contained in or used in connection with the MCP System, the Services and the MCP Web-site (collectively "the Materials") are the sole and exclusive property of MCP and/or its licensors. The Customer further undertakes not to challenge, dispute or question such sole and exclusive property. 9.3 The Customer further agrees and undertakes that he shall not without MCP's prior written consent:- 9.3.1 reproduce, copy, reverse compile, adapt, modify, distribute, commercially exploit, display, broadcast, hyperlink or transmit in any manner or by any means or store in an information retrieval system any part of the MCP Web-site or the Materials; or 9.3.2 create derivative works from the Materials or create any hyperlink of any sort or manner to or from the MCP Web-site from or to any other web-site or use any part of the Materials contained at the MCP Web-site on any other server. 10. Links to Other Websites Hyperlinks to other web-sites from the MCP Web-site are provided for convenience and ease of reference only, unless otherwise stated. MCP does not represent or intend for such links to be referrals or endorsements of the web-sites or the entities operating such web-sites and MCP takes no responsibility for any dealings with such entities. The Customer understands and acknowledge that any access to such web-sites is at his own risk and as MCP does not control nor contribute to such web-sites or the information contained therein, he shall not hold MCP liable for any loss or damage that may occur as a result of any reliance on or use of such information. 11. Indemnity The Customer shall defend and indemnify MCP and its licensors/ operators (if any) fully against any claims, actions, damages, expenses liabilities or adverse consequences arising from any breach of his obligations or representations and/or warranties in respect of the use of the MCP Account(s) or otherwise. 12. Termination and Suspension 12.1 MCP reserves the right to terminate or suspend the Services and/or the agreement under these Terms and Conditions without notice to the Customer in the event:- 12.1.1 of a breach of these Terms and Conditions on the part of the Customer; or 12.1.2 the Customer is found to be involved in any illegal or fraudulent activity using his MCP Account. 12.2. For the sake of security, MCP has the right, but not the obligation, to suspend the Services and undertake any investigations as it deems fit where MCP is or becomes aware or suspicious that any illegal or fraudulent activity has been or is being or may be carried out using and/or in relation to the MCP Account. MCP will give to the Customer notice of such suspension as it in its entire discretion deems fit. 12.3 Subject to these Terms and Conditions, the agreement hereunder and the Services may be terminated by either party giving the other 14 days' prior written notice thereof without giving any reason. 13. Disclaimer and Limitation of Liability 13.1 This MCP Web-site, the Services and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied. MCP expressly excludes and disclaims any and all warranties, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade to the extent permissible by applicable law. 13.2 Under no circumstances will MCP be liable for: 13.2.1 any services offered by third parties or accessible from or information found on the MCP Web-site or obtained in connection with the use of the Services; 13.2.2 any exposure of the Customer to prohibited material or other undesired experiences through the use of the MCP Web-site; 13.2.3 any special, consequential or incidental damages including but not limited to lost profits, lost business, lost opportunities or lost data howsoever arising; or 13.2.4 any amount which exceeds S$1,000 based on MCP's total liability for all claims arising under or in connection with the agreement under these Terms and Conditions, save for MCP's liability for personal injury or death caused directly by its negligence. 13.3 Whilst MCP will use commercially reasonable endeavours to make the MCP Website readily accessible by the Customer, the Customer acknowledges that MCP is not able to warrant that the MCP Web-site will always be accessible uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code due to the inherent nature of the Internet. So as to allow MCP to update, upgrade, maintain or carry out any other works in relation to its computer system and the System, the Customer further agrees that MCP may, at its discretion, with or without prior notice, at any time suspend the operations of the MCP Web-site temporarily or any part thereof. The Customer shall not hold MCP liable or responsible for any loss, damage or liability suffered as a result of such suspension of the Services.
14.1 The terms of the privacy policy adopted by MCP are set out separately on the MCP Web-site which form and shall be read as part of these Terms and Conditions. 15. General 15.1 Governing Law 15.1.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore. The Customer submits to the non-exclusive jurisdiction of the courts of the Republic of Singapore with respect to any claim or dispute concerning these Terms and Conditions or arising from his use of any Services provided by MCP. 15.1.2 The Customer shall not commence or continue any legal proceedings against MCP in any jurisdiction other than in Singapore with respect to any matter, claim or dispute. 15.1.3 Service of any process or document by which any proceedings in any court in Singapore are commenced may be effected in any manner permitted for communications hereunder. 15.2 Force Majeure MCP will not be responsible or liable for any delay in or failure to perform any of its obligations as a result of any cause beyond its control, including act of God; civil or ethnic unrest, shortage of material, industrial dispute, power failures, laws and regulations, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes, severance or suspension of use of communication lines or facilities for reasons attributable to third party telecommunication carriers or any act, default, delay or failure of any telecommunications network operator or other service provider. 15.3 Amendments to Terms and Conditions Any amendments to these Terms and Conditions will be posted and reflected at this MCP Web-site from time to time at least 14 days before they become effective. It is the Customer's responsibility to update himself of the same periodically. The Customer shall be deemed to have accepted the terms or amendments if he continues the use of the Services after the amendments become effective. 15.4 Severability If any provision in these Terms and Conditions is held invalid, unenforceable or illegal under any applicable laws for any reason, that provision shall be deemed to deleted and shall not affect the validity, enforceability or legality of the other provisions which shall continue in full force and effect. 15.5 Non-Waiver A failure on MCP's part to act in respect of any breach by the Customer shall not be deemed to be a waiver of its rights in respect of such breach or any other breach on the part of the Customer. 15.6 Notices Any notice,
demand or notification to the Customer may be sent by:- 15.6.1 electronic mail, in which case it shall be deemed to have been transmitted at the date and time of transmission by the mail server operated by MCP or its service provider dong so on its behalf unless MCP has been notified that there was a failure in delivery or the mail is returned; 15.6.2 facsimile transmission, in which case it shall be effective and be deemed to be received by the Customer on the same day; 15.6.3 postage
prepaid mail, in which case it shall be effective and be deemed to be
received if despatched to an address in Singapore, on the business day
next following the date of posting and if to an address outside Singapore,
on the fifth business day following the date of posting; or |