1.1 These Terms set out the basis upon which we make SingFinance E-Services available to you, and these Terms shall govern your access and/or use of SingFinance E-Services (each term as hereinafter defined).
1.2 In these Terms:
1.3 In addition to these Terms:
1.4 You acknowledge and confirm that you have read, accepted, agree to be bound by, and shall comply with the entirety of:
each as may be amended, varied, revised, supplemented or substituted from time to time.
1.5 By: (a) accessing and/or using SingFinance E-Services, or continuing to do the same; or (b) by clicking on an “AGREE” or other similarly worded button or entry field to access and/or use SingFinance E-Services, you shall be deemed to have read, understood, accepted and agreed to, and further undertake to, comply with these Terms and our prevailing terms and conditions governing Services and Products.
1.6 You shall immediately cease any access to and/or use of SingFinance E-Services and instruct SingFinance to terminate any of your Access Credential (if any) if you do not agree or accept: (a) these Terms; (b) any variation of these Terms; (c) our prevailing terms and conditions governing Services and Products; and/or (d) MAS E-Payments User Protection Guidelines.
1.7 If you continue to access and/or use SingFinance E-Services after any variation of these Terms (including our prevailing terms and conditions governing Services and Products), you shall be deemed to have accepted and agreed to such variation. If you do not accept any such variation, you shall forthwith discontinue accessing and/or using SingFinance E-Services and instruct SingFinance to terminate your Access Credential (if any).
1.8 In the event of any inconsistency between the main body of these Terms and any other prevailing terms and conditions, the inconsistency shall be resolved in the following order of priority:
2.1 In these Terms, the following words and expressions shall have the following meanings unless the context otherwise requires:
“Access Credential” means any form of access, authentication, and identification credential (including without limitation any form of electronic identification), as well as any combination thereof (including without limitation any Username, Password or other login identification name, personal identification number, OTP, and Biometric Identity) which: (a) identifies a User of SingFinance E-Services; and (b) is accepted, issued or prescribed by or on behalf of SingFinance for use by User to access SingFinance E-Services;
“AML” means anti-money laundering;
“Applicable Law” means any applicable law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other instrument (including without limitation of Singapore or any other country in the world), including any subsidiary legislation, regulations and any codes of practice, standards of performance, advisories, guidelines, frameworks, or written directions issued thereunder, in each case as amended, consolidated, re-enacted or replaced from time to time;
“Biometric Authentication Feature” means any feature made available by SingFinance from time to time which enables a User to access SingFinance E-Services by using his/her Biometric Identity as an Access Credential;
“Biometric Identity” means a biometric identity of a User registered by a Biometric Recognition Feature on a Device;
“Biometric Recognition Feature” means a biometric recognition (or authentication) feature available on the Device, including without limitation fingerprint or facial recognition;
“Business Day” means any day (or such other days that SingFinance may declare) on which SingFinance is open for business in Singapore, and shall exclude Saturdays, Sundays and gazetted public holidays in Singapore;
“CBNI” has the meaning ascribed to it in Condition 13.7;
“claim” includes any claim, action, application, demand, proceeding, threat or any other analogous claims;
“consents” includes all permissions, consents, approvals, certificates, permits, licences, agreements and authorities (whether statutory, regulatory, contractual or otherwise);
“CRS” has the meaning ascribed to it in Condition 14.2;
“Device” means any electronic, magnetic, optical, electrochemical, or other data processing device, or a group of such interconnected or related devices, performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device or group of such interconnected or related devices, including without limitation any portable computing device (e.g. a smartphone or tablet computer), laptop or desktop computer, each as may be used by you to access and/or use SingFinance E-Services, but shall exclude such device as we may, by notification to you from time to time, prescribe;
“E-Instruction” means any instruction:
and “E-Instructions” shall be construed accordingly;
“External Websites” has the meaning ascribed to it in Condition 9.2;
“FATCA” has the meaning ascribed to it in Condition 14.2;
“Finance Account” means any existing or new account:
“Fixed Deposit Account” means a Finance Account designated by SingFinance as a “Fixed Deposit Account” (or as may be renamed by SingFinance from time to time);
“Fixed Deposit Account T&Cs” means SingFinance’s Terms & Conditions Governing Savings and Fixed/Call Deposit Accounts (available at www.singfinance.com.sg or accessible via such other website as may be designated by SingFinance from time to time);
“Force Majeure Event” means an event beyond the control of SingFinance, including but not limited to:
“Foreign Currency” means any currency other than Singapore Dollar(s);
“Government” means the Government of the Republic of Singapore as a whole including all its ministries, government departments and organs of state, but shall not include any statutory board (being a body corporate established by or under written law or perform or discharge any public function under the supervisory charge of a ministry or organ of state);
“GST” means any goods and services tax, which expression shall include any tax of a similar nature that may be substituted for it or levied in addition to it, by whatsoever name called;
“Indemnitee” means SingFinance, its related corporations, agents and service providers and their respective directors, officers, employees and servants, and “Indemnitees” shall be construed accordingly;
“Intellectual Property Rights” means throughout the world and for the duration of the rights:
“Internet E-Services” means the Services and/or Products we offer from time to time through the Internet Application which enables you to access your Finance Account(s) and/or effect financial and/or other transactions electronically (including without limitation the transmission of instructions to SingFinance, funds transfer, and/or bill payments);
“Joint Finance Account” means a Finance Account designated by SingFinance as a “Joint-Alternate Account” which: (a) may be opened with single signing authority; and (b) may be operated (by each holder of such account) singly and independently;
“link” includes without limitation hyperlink, in-line link and deep-link;
“losses” means all losses, damages, settlement sums, costs (including legal costs on a full indemnity basis), penalties, fines, charges, fees, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not;
“MAS” means the Monetary Authority of Singapore as established under the Monetary Authority of Singapore Act 1970 as amended, varied, revised, supplemented, substituted or re-enacted from time to time and shall include any rules and regulations made thereunder;
“Mobile E-Services” means the Services and/or Products we offer from time to time through the SingFinance Mobile Application which enables you to access your Finance Account(s) and/or effect financial and/or other transactions electronically (including without limitation the transmission of instructions to SingFinance, funds transfer, and/or bill payments);
“MyInfo” means the data platform designated as such and made available by the Government where users can manage and use their Personal Data for online transactions across participating public agencies and approved service providers providing electronic services;
“MyInfo Data” means any data obtained or held by SingFinance’s customer or user in connection with the MyInfo Linkup, including Personal Data from MyInfo;
“MyInfo Linkup” means link(s) between SingFinance E-Services with MyInfo for the purpose of allowing user to retrieve his/her data (including Personal Data) from MyInfo;
“Notification Features” means features made available by SingFinance from time to time which enables you to receive notifications from SingFinance in connection with SingFinance E-Services;
“OECD” has the meaning ascribed to it in Condition 14.2;
“OTP” means any one-time password valid for one session (or transaction) issued by SingFinance:
“Password” means, electronic or otherwise, any password (including without limitation any word, phrase, symbol, code, or other credential) in connection with: (a) access and use of any Finance Account or SingFinance E-Services; and/or (b) identification of the User of SingFinance E-Services, and shall include any PIN, Biometric Identity, each OTP or other response codes generated by the Security Token;
“PDPA” means the Personal Data Protection Act 2012 of Singapore as amended, varied, revised, supplemented, substituted or re-enacted from time to time (including any guidelines, rules and regulations made thereunder);
“Personal Data” has the meaning ascribed to it in the PDPA;
“PIN” means personal identification number;
“processing” (and its cognates) has the meaning ascribed to it in the PDPA, and “process” and “processed” shall be construed accordingly;
“Products” means the products offered by SingFinance from time to time to its customers or prospective customers, including without limitation financial products;
“Provided Data” has the meaning ascribed to it in Condition 11.1(e);
“Savings Account” means a Finance Account designated by SingFinance as a “Savings Account” (or as may be renamed by SingFinance from time to time);
“Security Token” means the electronic security token or any other approved device that may be issued by or on behalf of SingFinance (at any time and from time to time in its sole and absolute discretion) for the purpose of enabling SingFinance to verify and authenticate the identity of its customers attempting to access and/or use SingFinance E-Services;
“Services” means the services provided by SingFinance from time to time to its customers or prospective customers, including without limitation financial services;
“SingFinance E-Services” or “E-Services” means:
“SingFinance E-Services IPR” has the meaning ascribed to it in Condition 12.1;
“SMS” means short message service;
“Terms” means all the terms and conditions herein and shall include all additions, variations, amendments, supplements, substitutions and modifications thereto from time to time;
“Third Party Content” has the meaning ascribed to it in Condition 9.3;
“Third Party Service Provider” has the meaning ascribed to it in Condition 9.1;
“Unauthorised Code” means any computer viruses or other malicious, destructive or corrupting code, agent, programme, macros or other software routine or hardware components;
“USA” has the meaning ascribed to it in Condition 14.1;
“User” includes any natural individual who is a registered user of SingFinance E-Services;
“Username” means the personal identification name, number, character or combination of any of these which identifies the User of SingFinance E-Services; and
“variation” has the meaning ascribed to it in Condition 26.1.
2.2 In these Terms, a reference to:
2.3 The rights of SingFinance in these Terms shall be in addition and without prejudice to any other rights of SingFinance under the statutory provisions and at law or in equity and nothing herein is to be construed as limiting any of those other rights.
3.1 It shall be a continuing condition that you agree to comply with all requirements and specifications relating to your access and/or use of SingFinance E-Services (including without limitation in connection with any Access Credential, and/or any provisioning, registration and activation procedures) as may be prescribed by us at any time and from time to time in our sole and absolute discretion which shall include any and all amendments, variations, revisions, supplements or substitutions thereto.
3.2 Without prejudice to the generality of the foregoing, the registration of any Access Credential shall be subject to our approval (in our sole and absolute discretion) and we may from time to time prescribe eligibility criteria, requirements, procedures or policies in relation to such registration and activation and/or require you to submit information to authenticate your identity.
3.3 In addition, to register for the provisioning of any Access Credential to you, you shall:
3.4 We shall have no obligation to approve your registration for the provisioning of any Access Credential to you and we shall have the right at any time in our sole and absolute discretion to reject your registration for the provisioning of any Access Credential and/or deem you ineligible for SingFinance E-Services. In addition, subject to Applicable Law:
4.1 You hereby agree and acknowledge that, subject always to your continuing and full compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable licence to use SingFinance E-Services under these Terms and only for your personal and non-commercial use. You further agree and acknowledge that all rights not expressly granted to you are reserved by us.
4.2 You agree and acknowledge that the Applicable Law of some countries may impose prohibitions or requirements in relation to your access and/or use of SingFinance E-Services, and you may be prevented by SingFinance from accessing or using SingFinance E-Services in such countries as SingFinance may determine from time to time. To the maximum extent permitted under Applicable Law, you shall not hold us liable for such prohibitions or requirements, or prevention by SingFinance from allowing you to access and/or use SingFinance E-Services.
4.3 If you access and/or use SingFinance E-Services whether from Singapore or outside Singapore, you shall be solely responsible for:
You shall fully indemnify SingFinance in full from and against any losses that we may be subject to or suffer in connection with any failure by you to comply with such requirements.
4.4 You agree and acknowledge that we shall have the right not to support, in connection with SingFinance E-Services, any operating system, software, or feature (including any outdated or earlier versions thereof) that may be used by any Device.
4.5 Except insofar as expressly permitted under these Terms or otherwise in writing by us or as may be allowed by Applicable Law and where incapable of exclusion by agreement, you shall not (and shall not knowingly allow, permit, or assist any person to):
4.6 ACCESS AND/OR USE OF E-SERVICES IS ENTIRELY AT YOUR OWN RISK. You acknowledge and accept that SingFinance E-Services may use transmissions over the Internet which are never completely private or secure. You understand that any Personal Data, message, information or instruction (payment or otherwise) which you send in the course of your access and/or use of SingFinance E-Services will always carry the risk of becoming made public, and/or read or intercepted by others (regardless whether accidentally, maliciously, or otherwise).
5.1 You agree and acknowledge that we shall have the right to determine from time to time the type, specifications, requirements, and/or configuration of software and/or hardware (including telecommunications equipment) acceptable for use in connection with SingFinance E-Services.
5.2 Unless expressly specified in these Terms, you shall obtain, and pay for, all telecommunications services, computer equipment, software, technical infrastructure, and data charges necessary to connect to, access and/or use SingFinance E-Services. We do not provide such services, equipment, software, or support and you shall need to obtain these from other providers at your own cost and risk. If you access and/or use SingFinance E-Services outside of Singapore, your access may be limited and subject to the relevant laws and regulations of that country. We will not be responsible for any fees, charges and expenses (such as IDD charges) or any other charges which may be imposed by your telecommunication or other service providers in connection with the use of SingFinance E-Services.
5.3 You hereby represent and warrant that any Device through which you access and/or use SingFinance E-Services is free from any electronic, mechanical, data failure or corruption and/or any Unauthorised Code. You further agree and acknowledge that we shall not responsible for any electronic, mechanical, data failure or corruption and/or any Unauthorised Code that may be attributable to services provided by any relevant internet service provider or information service provider, all of whom you hereby acknowledge are third parties.
5.4 You agree, acknowledge, and undertake as follows:
5.5 Notwithstanding any other agreement to the contrary, you hereby consent for us to disclose any information (including your Personal Data) relating to you or your access and/or use of SingFinance E-Services, to any of our subsidiaries, branches, agents, correspondents, agencies, service providers and representative offices which has a legitimate business purpose for obtaining such information, including without limitation offering you products or services.
5.6 In addition to and without prejudice to the generality of the foregoing, you agree, acknowledge, and undertake as follows:
Access Credential
Security Token
Device
Reporting
You shall make a report to us immediately when you suspect or become aware that:
Responsibility for any Losses
You agree that we shall not be liable for any losses arising from:
5.7 Suspension of Finance Account or Joint Finance Account
We may, at our absolute discretion, make available via SingFinance E-Services, a functionality to suspend the operation of your Finance Account or Joint Finance Account, as the case may be, as we deem fit. If you opt to use such functionality, you shall comply with our prevailing procedures that we may prescribe from time to time for such suspension via SingFinance E-Services, and you further acknowledge and agree that:
6.1 You acknowledge and agree that:
6.2 You shall comply with our instructions, directions, procedures and requirements for the registration and activation of the Biometric Authentication Feature and the applicable terms and conditions of the Third Party Service Provider(s) providing the Biometric Authentication Feature. Without prejudice to the generality of the foregoing:
6.3 In addition, you agree and acknowledge that:
6.4 Notwithstanding anything in these Terms, you agree that we are not the provider of Biometric Recognition Feature, and we shall have no liability for any breach, delay, or failure by the relevant third party independent service provider(s) or vendor(s) (including in respect of software and/or hardware) of the Biometric Recognition Feature. You further acknowledge that we are not responsible for the performance or non-performance of the Biometric Recognition Feature.
6.5 You agree and acknowledge that it shall be a continuing condition of your access to the Biometric Authentication Feature that the provision of the Biometric Authentication Feature shall be subject to such further terms and conditions as may be prescribed by:
including in relation to the types of biometric data, devices, technical specifications, and/or the software versions that you may use in connection with the Biometric Authentication Feature, and that these terms and conditions shall further govern your rights and obligations in relation to your use of the Biometric Authentication Feature.
6.6 Without prejudice to the generality of the foregoing, you agree and acknowledge that your Personal Data may be collected, used, disclosed and/or processed by Third Party Service Provider(s) (who make available the Biometric Recognition Feature, including in respect of software and/or hardware) under their respective data protection practices which we have no control over, and we shall not be responsible for their respective compliance (or non-compliance) with applicable data protection laws (including the PDPA) and any consents required to be separately obtained from you by such Third Party Service Provider(s). We encourage you to learn about the data protection practices of the relevant Third Party Service Provider(s) to determine how they will handle any Personal Data they may collect from you in connection with the Biometric Recognition Feature.
6.7 You agree that any access and/or use of SingFinance E-Services associated with your Biometric Identity (whether such access or use of Biometric Authentication Feature is authorised by you or not) shall be deemed to be access and/or use (as the case may be) of SingFinance E-Services by you, and we shall not be responsible to verify any unauthorised and/or fraudulent use of your Biometric Identity as an Access Credential and/or to issue E-Instructions.
E-Instructions
7.1 Subject to Condition 7.2, you agree and undertake that all E-Instructions shall:
7.2 We shall have the right, in our sole and absolute discretion, to decline to comply with or act on any or all of your E-Instructions without giving any reason or prior notice. Subject to Condition 7.5 hereof, if we exercise our discretion to act on any or all of your E-Instructions, we may impose such additional terms and conditions in our sole and absolute discretion including but not limited to imposing fees for acting on such instructions. We shall have the right at any time and from time to time to vary or amend such fees in our sole and absolute discretion.
7.3 Any access and/or use of SingFinance E-Services associated with any Access Credential shall be deemed your access and/or use, and you agree that we shall be deemed to be authorised to act on any of your E-Instructions. You hereby accept our records of transactions as conclusive and binding on you for all purposes, and we may debit your Finance Account(s) with the amount of any deposit, withdrawal or transfer of monies or any other transaction amount in accordance with our record of transactions.
7.4 We shall not be liable to you and/or your Joint Finance Account holder and/or any third parties for acting upon any of your E-Instructions notwithstanding that it is subsequently shown that such instruction was not given by you. Such instructions shall be deemed irrevocable and unconditional and binding on you upon our receipt thereof notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in respect of the contents of such instructions and we shall have the right (but not obliged) to effect, perform or process such instructions without your further consent and without any further reference or notice to you.
7.5 We shall have the right but shall not be obliged to verify any E-Instructions by any means as we may determine in our sole and absolute discretion, including without limitation any online means or by phone or requiring you to provide us with written confirmation of such E-Instructions by way of a letter, email, SMS or facsimile, or such other mode as may be requested by us. We shall have the right to refuse to act on your E-Instructions unless and until such written confirmation is actually received by us.
7.6 You shall be wholly responsible for all transactions executed via SingFinance E-Services and associated with any Access Credential (whether such transactions executed using SingFinance E-Services were authorised by you or not) and for all of your E-Instructions, all of which shall be binding on you. As such:
7.7 Without prejudice to the generality of the foregoing, we shall have the right in our sole and absolute discretion to refuse to act on any E-Instruction and we shall not be liable to you, your Joint Finance Account holder and/or any third parties for any losses, damages, liabilities or expenses arising out of our refusal to act if:
7.8 We shall not be obliged to verify the accuracy of the account numbers or the identity of the account holders of any account with us and/ or any other financial institution. Where payments and funds transfers are made to other financial institutions (and/or organisations), we shall not be responsible for any losses caused to or suffered by you and/or your Joint Finance Account holder and/or any third parties rising from non-acceptance or rejection by the receiving financial institution (and/or organisation) or any failure, delay or error by the receiving financial institution (and/or organisation) in crediting the account of your payee.
7.9 Without prejudice to the generality of the foregoing, unless we expressly agree otherwise in writing:
Service charges or other fees
7.10 We shall have the right to levy, impose or revise service charges or other fees from time to time in respect of SingFinance E-Services provided to you. Such charges or revisions shall take effect from the date stated in the notice. Where you continue to use the relevant SingFinance E-Services after such notification, you shall be deemed to have agreed to and accepted such charges or revisions to such charges. You hereby irrevocably and unconditionally authorise SingFinance to deduct from any of your Finance Account such service charges as payment to SingFinance for the provision and/or use of SingFinance E-Services.
Joint Finance Accounts
7.11 You agree and acknowledge that SingFinance E-Services is not available for use in relation to Joint Finance Account(s) operated with joint signing authority. For the avoidance of doubt, SingFinance E-Services shall be available in relation to Joint Finance Account(s) operated with single signing authority and all references in these Terms to Joint Finance Account(s) shall be to such Joint Finance Account(s) unless otherwise stated.
7.12 All transactions arising from the access and/or use of SingFinance E-Services to operate Joint Finance Account(s) shall be binding on all the Joint Finance Account(s) holders (whether such transactions executed using SingFinance E-Services were authorised by any or all Joint Finance Account holders or not). Each Joint Finance Account holder accessing and/or using SingFinance E-Services shall be jointly and severally liable to us under these Terms.
7.13 Each Joint Finance Account holder acting singly may be able to view such Joint Finance Account through SingFinance E-Services and subject to these Terms issue E-Instructions in respect of such Joint Finance Account.
7.14 Notwithstanding anything in these Terms, you agree and accept that we may at any time (in our sole and absolute discretion, and without giving any reason or prior notice) limit, restrict, suspend, and/or terminate your access to (including without limitation your ability to view) any of your Joint Finance Account(s) through SingFinance E-Services. You acknowledge and agree that we are entitled to refuse to act on any E-Instruction in respect of any Joint Finance Account without incurring any responsibility for any losses, liabilities or expenses to you and/or your Joint Finance Account holder and/or any third parties arising out of so refusing to act.
7.15 We shall have the right, at any time, to require all Joint Finance Account holders to expressly give consent to us in such manner as we deem appropriate before we choose, in our sole and absolute discretion, to act upon any E-Instruction in respect of any Joint Finance Account.
7.16 You agree, acknowledge, confirm, represent, and warrant that:
8.1 You acknowledge and agree that we may, in our sole and absolute discretion, make available Notification Features to you. The scope and features of Notification Features shall be as determined or specified by us from time to time. We shall have the right as we deem fit to terminate, modify, expand or reduce the Notification Features at any time and from time to time without giving any reason or prior notice.
8.2 You shall comply with our instructions, directions, procedures and requirements for the registration and activation of the Notification Features. Without prejudice to the generality of the foregoing, if you register with us to activate Notification Features:
8.3 Any notification under the Notification Features shall be considered to be sent to you by us upon the broadcast of the notification (including by our duly appointed Third Party Service Provider(s)) to the contact particulars designated by you for the purposes of the Notification Features, regardless whether such notification is actually received by you.
8.4 For a Joint Finance Account, notification under the Notification Features in relation to a transaction will only be sent to the Joint Finance Account holder performing that transaction via SingFinance E-Services, but not to the rest of the account holders.
8.5 Subject to Condition 8.6, it shall be your sole responsibility to:
8.6 We shall have the right to reject or refuse to act on your instruction or request relating to the Notification Features and any threshold limit set by you without giving any notice and/or reason whatsoever.
8.7 Notwithstanding anything in these Terms and without prejudice to any other non-liability conditions herein:
9.1 You agree that SingFinance may use any third party agents, consultants, contractors, sub-contractors, service providers, vendors, correspondents or intermediary financial institutions (each a “Third Party Service Provider“) as SingFinance may deem fit to provide SingFinance E-Services and/or to carry out, perform or procure any of the matters, things or transactions relating to or in connection with SingFinance E-Services under these Terms. Under no circumstances shall it be construed that SingFinance is a party to any transaction between you and any such Third Party Service Provider or that such Third Party Service Provider’s products, services, software and/or content are provided by SingFinance. SingFinance and its directors, officers, nominees, employees and related companies shall not be liable for any act, omission, neglect or default of such Third Party Service Provider.
9.2 SingFinance E-Services, or any part thereof, may contain hyperlinks to external websites which are not managed by us (“External Websites“). For example, External Websites may include the websites of Third Party Service Provider(s) providing you services, including without limitation MyInfo. You agree and acknowledge that:
9.3 You acknowledge that SingFinance E-Services, or any part thereof, may display, publish or make available content that is provided by third parties (including, for example, content from other users, or content provided by Third Party Service Provider(s)), including MyInfo Data (“Third Party Content“). You agree that Third Party Content is the sole responsibility of the person that makes it available, and we make no representations or warranties as to the veracity or accuracy of such content. You further acknowledge and agree that any use by you of Third Party Content is entirely at your own sole risk and subject to the terms and conditions set by such third parties and we take no responsibility and assume no liability (whether direct or indirect, or any incidental, special, consequential damages whatsoever), including without limitation any damages for loss of profits or any other damages or losses in connection with your use of Third Party Content.
9.4 By creating a link or enabling access to External Websites or Third Party Content, SingFinance does not endorse or recommend any product or service offered or information contained on those websites or information made available by any Third Party Service Provider (including but not limited to stock quotes and foreign exchange rates) nor shall SingFinance be liable for any failure of products or services offered or advertised at any of these External Websites or as part of Third Party Content.
9.5 Any claim by you against (or any dispute between you and) a Third Party Service Provider shall be settled between you and the Third Party Service Provider. You will not claim against us in this respect.
10.1 You shall be solely responsible and liable for all losses and consequences arising from or in connection with any failure, neglect or omission by you to comply with any of your obligations, representations and warranties contained in these Terms.
10.2 You shall have a continuing obligation:
10.3 You shall regularly review and comply with all your duties and obligations under the most current and updated version of the MAS E-Payments User Protection Guidelines.
10.4 If you provide information (confidential or otherwise) and the Personal Data of third parties (including but not limited to your Joint Finance Account holder, spouse, children, parents, siblings, relatives etc., and any other parties, as the case may be) to us, including all documents given, provided and submitted to us, you represent and warrant to us that you have the authority and all necessary consent(s) to do so. You confirm that all such information (confidential or otherwise) and the Personal Data of the relevant third parties are true, correct, accurate and complete in all respects and have been processed in accordance with Applicable Law including but not limited to the PDPA.
10.5 Where you or your Joint Finance Account holder has misused any of SingFinance E-Services, we reserve the right to terminate or suspend our provision of SingFinance E-Services to you immediately without any prior notice and we shall not be liable for any losses suffered by your or your Joint Finance Account holder as a result of such termination or suspension. In the event that such misuse has caused losses, you and/or your Joint Finance Account holder, as the case may be, shall indemnify us and our Indemnitee in full for such losses and shall pay such monies to us upon our demand.
11.1 You warrant, represent, and declare that:
12.1 You acknowledge and agree that:
13.1 You agree and consent to SingFinance, its directors, officers, employees or agents collecting (including by way of video recordings and/or recorded voice calls), using, disclosing, processing and transferring at any time without any liability or further notice to you all or any information (confidential or otherwise) or particulars whatsoever regarding you including your Personal Data, details of transactions, your access and/or use of SingFinance E-Services, and/or other relevant particulars of your Finance Account (which you now have or may hereafter have with SingFinance) to any person whether located in or outside Singapore for any purposes which SingFinance considers appropriate, necessary or desirable or deem fit or reasonable including but not limited to the following:
to such person or persons whereby such disclosure is required or imposed by Applicable Law or under a duty to disclose;
to any person to whom SingFinance considers such disclosure to be necessary or expedient for SingFinance to observe and perform its obligations hereunder or is necessary in order to provide you with Products and/or the Services in connection with SingFinance E-Services or your Finance Account;
to any party for commercial financial services and/or E-Services or business purposes as SingFinance may deem fit or reasonable; and/or
to any other party to whom SingFinance and/or its officers, employees or agents reasonably consider it is in the interest of SingFinance to make such disclosure.
13.2 Without prejudice and in addition to Condition 13.1 hereof, you consent to SingFinance and its related companies and their respective agents, service providers, suppliers, business partners, consultants and advisers collecting, using, disclosing, processing and/or transferring your Personal Data upon the terms and conditions as set out in SingFinance’s Privacy Policy (accessible at www.singfinance.com.sg, or via such other website as may be designated by us from time to time). You confirm that you have read, understood and accept all the terms and conditions as set out in SingFinance’s Privacy Policy Notice (as may be amended, revised, supplemented or substituted from time to time).
13.3 For the avoidance of doubt, all our rights under this Condition 13 shall be in addition to and without prejudice to any other rights of collection, use, disclosure, processing or transfer of all confidential information and/or Personal Data and/or Provided Data which we may have under Applicable Law and/or these Terms and nothing herein shall be construed as limiting any of those other rights.
13.4 You hereby irrevocably and unconditionally permit, consent, and authorise SingFinance and/or its related corporations and their officers, employees or agents to act in their sole and absolute discretion in any way they deem fit, without prior notice to you, when served with a court order issued by the Singapore courts or a court of any other jurisdiction and you shall not hold SingFinance and/or its related corporations and their officers, employees or agents liable for any losses or damages incurred or suffered as a result of the actions of SingFinance and/or its related corporations in complying with such orders.
13.5 You consent to the collection, use, disclosure, storage, communication and processing of any of information (including but not limited to transactions and account balances) relating to your Finance Account(s) by any means necessary for SingFinance to maintain appropriate transaction and account records and to the release and transmission to and the retention by the relevant service providers of details of your Finance Account(s), transaction information and other information in connection with your use of SingFinance E-Services (whether in Singapore or elsewhere).
13.6 Where you instruct SingFinance to send or receive any funds by wire or other electronic transfers (be it cross-border or domestic) on your behalf (including as part of SingFinance E-Services), you agree and irrevocably and unconditionally consent to SingFinance, its directors, officers, employees or agents disclosing all information, details and particulars regarding you (including but not limited to your name, Finance Account number or unique reference number assigned by SingFinance where no Finance Account number exists, address, unique identification number, date and place of birth), the type and amount of currency involved and any other details and information pertaining to the transaction in the message or payment instruction that accompanies or relates to the wire or other electronic transfers (as the case may be). Where your electronic transfers involve a currency conversion, you are aware that such currency conversion will be effected at the prevailing rate determined by us and/or our bankers.
13.7 Where you instruct SingFinance to move physical currency or bearer negotiable instrument (hereinafter, a “CBNI“), each as defined in the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act 1992, exceeding the prescribed amount (or its equivalent in a Foreign Currency) or such other amount as may be prescribed or amended from time to time under the said Act into or out of Singapore on your behalf or where SingFinance is the recipient of the CBNI on your behalf, you agree and irrevocably and unconditionally consent to SingFinance, its directors, officers, employees or agents disclosing all information and particulars regarding you (including your name, NRIC/Passport number, date of birth, nationality, occupation, etc.) and the CBNI (including the amount, country to/from which it is moved, owner/purpose of CBNI, name and address of the sender/recipient etc.) to the Commercial Affairs Department of the Singapore Police Force, the Immigration & Checkpoints Authority and/or any other relevant authorities (including regulatory authorities) prior to bringing the CBNI into Singapore or prior to sending the CBNI out of Singapore or upon its receipt of the CBNI, as the case may be.
13.8 For the purposes of the consents and authorisations given pursuant to these Terms by you and/or for the purposes of SingFinance and its related corporations complying with all Applicable Law in Singapore and any other jurisdiction in the world:
13.9 You hereby confirm agree, acknowledge, and accept that upon your withdrawal of your consents and/or authorisations to the collection, use, disclosure, processing and transfer of your Personal Data contemplated under these Terms:
13.10 For the avoidance of doubt, by registering for the provisioning of any Access Credential, and/or accessing and/or using SingFinance E-Services, each Joint Finance Account holder shall be deemed to have consented to our disclosure of their confidential information (including Personal Data) and account details, transactions and information to any other Joint Finance Account holder(s).
13.11 You agree that SingFinance shall not be responsible or liable for any losses suffered by you as a result of the disclosure of any information, account details, transactions and Personal Data concerning you and/or your Finance Account with SingFinance as a result of any unauthorised and/or fraudulent access or otherwise.
14.1 You agree and undertake to comply with all Applicable Law (including without limitation applicable tax laws) in Singapore and any other country in the world which apply to you, including reporting your worldwide income to the relevant and applicable tax authority/authorities in Singapore, the United States of America (“USA“) and any other country in the world.
14.2 Without prejudice to the generality of Condition 14.1 hereof, you agree and undertake that, where applicable, you shall comply with the USA’s Foreign Account Tax Compliance Act (“FATCA“) and the Common Reporting Standard (“CRS“) endorsed by the Organisation for Economic Co-operation and Development (“OECD“) for the exchange and reporting of financial account information and any regulations or guidelines thereunder and any amendments, supplements, revisions, substitutions or re-enactments thereto from time to time.
14.3 If SingFinance is obliged by the Applicable Law to deduct or withhold any sum from your Finance Account, you irrevocably and unconditionally authorizes SingFinance to effect such deduction or withholding and pay the same in accordance with the Applicable Law. Where such payment involves a currency conversion, we shall effect the currency conversion at the prevailing rate determined by us.
14.4 You confirm, warrant, represent, and declare that you have read, understood and accept all the terms and conditions as set out in SingFinance’s “FATCA Policy” and the “CRS Policy” (each accessible at www.singfinance.com.sg or via such other website as may be designated by SingFinance from time to time) as may be amended, supplemented, revised or substituted from time to time which shall form part of these Terms.
15.1 We shall have the right at any time, and for such duration as we deem fit, in our sole and absolute discretion without giving any reason or prior notice to you therefor:
15.2 SingFinance shall have the right, at its sole and absolute discretion, with notification to you in accordance with Condition 27 hereof, to terminate these Terms or any part thereof. Termination of these Terms (howsoever arising) shall not affect any rights or obligations of the Parties accrued prior to the effective date of termination.
15.3 Without prejudice to the generality of the foregoing, we shall have the right, at any time and from time to time, to set, vary, revise or cancel the limits for any transactions (including but not limited to deposits, withdrawals, payments, fund transfers etc) that may be carried out through SingFinance E-Services, whether in monetary or numerical terms or otherwise, and to vary or revise their frequencies and availability periods at our sole and absolute discretion.
15.4 SingFinance shall not be liable for any claims, demands, actions and proceedings, losses, damages, costs (including legal costs on a full indemnity basis) expenses, inconvenience, embarrassment or any other liabilities of any kind whatsoever which you, your Joint Finance Account holder and/or any third parties may incur or suffer directly or indirectly as a result of SingFinance exercising its rights under the above Condition 15.1, 15.2 and/or 15.3.
15.5 You may at any time, upon giving us at least seven (7) days’ prior written notice, terminate your access and/or use of SingFinance E-Services.
16.1 You agree and acknowledge that:
16.2 Notwithstanding anything in these Terms, in no event shall we and our nominees, agents, contractors, service providers and their respective directors, officers and employees be liable to you, your Joint Finance Account holder and/or any parties for:
regardless whether due to any act, omission, mistake, default or negligence by you and/or your Joint Finance Account holder or otherwise;
any use, misuse, purported use or misuse, loss, theft or fraudulent and/or unauthorised use of your Device;
any use, misuse, purported use or misuse or fraudulent and/or unauthorised use of SingFinance E-Services, including without limitation by reason of a third party’s Biometric Recognition Feature being enrolled on your Device;
the exercise by SingFinance of any its rights, powers and remedies under these Terms;
any destruction or alteration of your instructions or any other instructions, data or information confidential or otherwise relating to your Finance Account transmitted by you and/or your Joint Finance Account holder through SingFinance E-Services;
your sharing of any information confidential or otherwise relating to your Finance Account provided through SingFinance E-Services;
your refusal, failure or neglect to follow and comply with SingFinance’s security advisory guidelines and instructions, procedures, policies and directions for accessing to and/or using SingFinance E-Services;
your refusal, failure or neglect to secure your registered Device from any unauthorised or other hardware device(s) attached or loaded and/or software program(s) loaded or installed to/in your computer or registered Device which is used to access any SingFinance E-Services;
your refusal, failure or neglect to install the necessary anti-virus softwares on your Device and/or your computer;
any SingFinance E-Services not being available or functioning;
your computer or hardware or any other device (including any Device) not working or functioning properly or the inability to generate the OTP as a result of any failure or errors of your Device or incompatibility of your Device with such functionality;
the inability of your Device and/or the browser provider to provide the necessary information confidential or otherwise relating to your Finance Account to complete the transaction (including but not limited to deposit, withdrawal, payment or transfer of monies);
the products and/or services of your Internet service provider, network service provider or telecommunication service provider (or their respective agents or sub-contractors) not functioning properly or not being able to be accessed by you;
any failure to receive or delay in receiving your instructions because of any failure of your Device or other facilities or the telecommunication network used;
any failure or delay in completing any transaction relating to your Finance Account where your instructions are ambiguous, incomplete or inaccurate;
any unsuccessful generation of the OTP or transaction code or the Notification Features, whether or not arising from any failure, refusal, delay or error by any Third Party Service Provider or third party system, equipment or device (including Device) through whom such transaction is made;
any failure to perform our obligations if such performance would result in a breach by SingFinance of the Applicable Law and/or the requirements of any government or authority of Singapore and/or any other jurisdictions in the world;
any transaction carried out: (i) with your knowledge and consent; and/or (ii) with the knowledge and consent of your Joint Finance Account holder;
any circumstances where you and/or your Joint Finance Account holder have acted negligently, fraudulently, dishonestly or in a criminal manner, alone, jointly or with others; and/or
any other circumstances beyond SingFinance ‘s control whether in Singapore and/or any other jurisdictions.
16.3. For the avoidance of doubt, without prejudice to any other term of these Terms:
16.4 No action regardless of form arising out of or in connection with SingFinance E-Services may be brought by you against SingFinance more than one year after the cause of action has arisen.
16.5 Where by operation of Applicable Law, SingFinance’s liability may not be excluded or limited in accordance with these Terms, then to the maximum extent permitted under Applicable Law, our maximum liability for any single or aggregate claims, suits, demands, actions or other legal proceedings relating to the same transaction, whether based on an action or claim in contract, negligence, tort or otherwise, shall not exceed (i) the amount of the transaction which gave rise to the claim; or (ii) the direct damages actually sustained by the claimant; or (iii) the sum of Singapore Dollars Five Hundred Thousand (S$500,000.00), whichever is the lowest.
16.6 Unless otherwise expressly agreed by SingFinance in writing, SingFinance does not assume or provide any advisory, fiduciary or financial advice or similar or other duties to you. You acknowledge and accept that you shall obtain and seek the necessary independent legal, tax, financial and other advice in relation to: (a) the opening and/or the operation of your Finance Account; (b) your access and/or use of SingFinance E-Services; (c) the provision of any Services and/or Products by SingFinance; and/or (d) any transaction between you and SingFinance or effected by SingFinance pursuant to E-Instructions or your other instructions by you and/or your Joint Finance Account holder.
17.1 You hereby unconditionally and irrevocably undertake to indemnify, defend and hold harmless SingFinance and its Indemnitees from and against any and all losses which may be sustained, instituted, made or alleged against, or suffered or incurred by SingFinance and/or any of its Indemnitees, and which arise (whether directly or indirectly) out of or in connection with:
18.1 SingFinance shall have the right, at any time and without notice, to impose, revise or vary the transaction fees, processing fees, service charges and any other charges at our prevailing prescribed rate for SingFinance E-Services and SingFinance may debit your Finance Account for all such transaction fees, processing fees, service charges and other charges payable to SingFinance.
18.2 All charges (including administrative and/or bank charges), commission, interest, fees, expenses and any other costs of any nature which may be levied by SingFinance, any financial institution (including but not limited to a bank engaged by SingFinance), non-financial institutions, agents or any other person, firm, company, corporation or any other entity or any third party service providers in connection with or arising out of any transaction or instruction relating to SingFinance E-Services shall be borne by you.
18.3 Any payment by you under these Terms shall be made free of any restrictions or conditions and free and clear of and without deduction or withholding in respect of any tax, penalty, sanction or similar levies. If you and/or your Joint Finance Account holder are required by any Applicable Law to effect such deduction or withholding, then the amount due and payable to SingFinance shall be increased by such amount as shall result in SingFinance receiving an amount equal to the amount SingFinance should have received in the absence of such deduction or withholding.
18.4 In the event that GST or withholding tax or any other tax is now or hereafter chargeable by law on any payment hereunder or is required to be paid on any monies payable to or received or receivable by SingFinance or any expenses incurred by SingFinance, you and/or your Joint Finance Account holder shall pay on demand such GST and/or the withholding tax and/or any other tax at such rate(s) as may be prescribed by Applicable Law from time to time in addition to all other sums payable hereunder or relating hereto, and you agree to indemnify in full SingFinance against the payment if SingFinance is required by Applicable Law to collect and make payment in respect of such GST and/or withholding tax and/or any other tax and such indemnity shall include interests from the date of payment by SingFinance to the date of full payment by you at such rate(s) as SingFinance may stipulate from time to time.
18.5 SingFinance shall have the right at any time to debit (without notice) your Finance Account for all charges, fees, expenses, costs, taxes (including GST), commission, interests or other sums (including all overdraft monies) payable to SingFinance by you notwithstanding that it may result in a debit balance in your Finance Account.
19.1 You shall promptly notify SingFinance in writing of any change in the requirement(s) relating to your access and/or use of SingFinance E-Services, including without limitation any change in your name, occupation, address (including mailing, residential, office, registered or email addresses), contact information for the Notification Features, identification documents, telephone, mobile or facsimile number and/or any other relevant particulars, and such notification shall not be effective until actual receipt by SingFinance.
19.2 SingFinance shall have the right to a reasonable period of time (of not less than seven (7) Business Days from receipt) to process such notification of changes. Pending the completion of the processing of the aforesaid changes, SingFinance is authorised to continue to process your E-Instructions in accordance with your mandate given to SingFinance prior to actual receipt by SingFinance of the changes or to continue to send communications to you in accordance with Condition 20 hereof.
20.1 All statements of account, confirmation advices, notices, letters, emails, documents or demands and any correspondence (hereinafter collectively called “communications”) to you or any other communications with you under these Terms and/or in connection with SingFinance E-Services, or any part thereof, may be sent by ordinary post, facsimile or email or other electronic transmission including but not limited to SingFinance Mobile, or hand-delivery or such other manner as we deem fit to your last known address, facsimile number, email address or other relevant mobile, residential or office telephone numbers as shown in our records and shall be deemed to have been received by you on the day following such posting, or on the day of the facsimile or on the day the email or other electronic transmission was sent or on the day when it was hand delivered, as the case may be, notwithstanding that the communications could not be delivered or transmitted or were returned undelivered or notwithstanding that you may not be alive then. If any communication is returned undelivered, we will not send any further communication to you until you have notified the changes to us in accordance with Condition 19.1 hereof.
20.2 All communications to you may, in addition to or as an alternative means of communication in our sole and absolute discretion, be communicated to you through any part of SingFinance E-Services, our website, the press, radio or television broadcasts, SMS, WhatsApp or any other media chosen by us in our sole and absolute discretion and you shall be deemed to have notice thereof on the date of publication, broadcast or communication. We may also, in our sole and absolute discretion, communicate with you by displaying a notice in our premises at our main office and/or our branches.
20.3 To the maximum extent permitted under Applicable Law:
20.4 You consent to the effecting of personal service of any legal process or any notice, document or summons which is required by any legislation and/or subsidiary legislation to be personally served, by way of registered post to your last known address as shown in our records, and also consent to such service being deemed as good, valid and effective personal service two (2) Business Days after such legal process, notice, document or summons was posted by registered post as aforesaid, even if it could not be delivered or was returned undelivered.
20.5 A written statement by an officer of SingFinance confirming the posting of any communications whatsoever from SingFinance shall be binding and conclusive evidence of this fact as against you and/or your Joint Finance Account holder. SingFinance’s records and any records of the instructions, communications, operations or transactions made or performed, processed or effected through SingFinance E-Services by you or any person purporting to be you (with or without your consent) or any record of transactions relating to the operation of any SingFinance E-Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of the transaction and your liability to SingFinance and you agree not to dispute the validity, accuracy or authenticity of any such records and evidence.
20.6 Where you or your Joint Finance Account holder have given a E-Instruction to SingFinance to retain for your collection any communication, which but for the said E-Instruction SingFinance would have despatched the communication to you or your Joint Finance Account holder, each of such communication shall be deemed to have been despatched and received by you and your Joint Finance Account holder at the time when it first becomes available for collection by you or your Joint Finance Account holder.
20.7 In the case of a Joint Finance Account, any communication (a copy thereof shall be sufficient) including but not limited to the service of any legal process, notice, document or summons under the above Condition 20.4 sent, despatched or delivered to or served on any one of the Joint Finance Account holders as may be selected by SingFinance at its sole and absolute discretion shall be deemed validly sent, dispatched, delivered or served upon all Joint Finance Account holders and shall be binding on each and every Finance Account holder. In addition, any notice or communication relating to SingFinance E-Services (including but not limited to the Notification Features under Condition 8) given by us to one Joint Finance Account holder shall be deemed to have been served on every and all the other Joint Finance Account holders.
21.1 We may take any action we consider appropriate and deem fit in our sole and absolute discretion (including but not limited to the termination of any Access Credential and/or the Finance Account(s)) to comply with Applicable Law (including without limitation the laws and regulations of Singapore and other jurisdictions) concerning AML and anti-terrorist financing and the provision of financial and other services to persons, entities or countries sanctioned or named under those laws and in doing so, we shall not be liable to you and/or your Joint Finance Account holder and/or any party for any direct, indirect or consequential losses or damages including loss of profit or interest suffered or incurred thereto.
21.2 We shall have the right at any time and from time to time to conduct all necessary and relevant searches (including but not limited to AML searches) on you, your Joint Finance Account holder and any parties related to you and/or your Joint Finance Account holder. You and/or your Joint Finance Account holder may not be allowed to access and/or use SingFinance E-Services until and unless we have completed such searches and the same are satisfactory to us.
22.1 In addition to any general lien or similar right to which SingFinance may be entitled by law, SingFinance shall be entitled at any time and without notice to you to combine, consolidate or merge all or any of your accounts with SingFinance (including but not limited to your Finance Accounts) and to set off any amount standing to the credit in such accounts (whether matured or not) against your liabilities to SingFinance including but not limited to any monies due and owing to SingFinance, charges and fees for our provision of SingFinance E-Services, the Goods and Services Tax and any losses incurred or suffered by SingFinance arising out of or in connection with our provision of SingFinance E-Services (collectively the “Liabilities“).
22.2 SingFinance may set off the Liabilities of the Joint Finance Account holder under any Joint Finance Account against the credit balances to which all the Joint Finance Account holders are singly or jointly entitled.
23.1 These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Singapore.
23.2 You agree to irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Republic of Singapore.
23.3 In enforcing these Terms, SingFinance is at liberty to commence legal actions or proceedings in the Republic of Singapore or elsewhere as SingFinance may deem fit and to commence concurrent legal actions or proceedings in more than one country.
24.1 Assignment / Novation: These Terms are personal to you, and shall not be assigned or novated either as to the whole or any part thereof, without our prior written consent. We may, by notification to you, assign or novate the whole or any part of these Terms to any party, and you shall be deemed to have consented to such assignment or novation, which shall be effective on the date that we notify you.
24.2 Binding Effect on Successors-in-title: These Terms shall be binding and enure to the benefit of Parties and their respective successors in title and permitted assigns and shall continue to be binding on you notwithstanding:
24.3 Subcontracting: You shall carry out your obligations hereunder personally. You shall not subcontract the whole or any part of your obligations under these Terms without our prior written consent. SingFinance shall have the right to outsource or sub-contract any part of its finance company operations to any third party or parties (including but not limited to any party outside Singapore) on such terms and conditions as it deem fit at its sole and absolute discretion. Such operations shall include but not limited to information technology services, printing of any documents, forms, creation, maintenance and archiving of documents and records, mailing of documents and debt collection.
24.4 Costs: Unless otherwise stated herein, you shall bear your own legal and other costs and expenses of and incidental to these Terms, and you shall perform all of your obligations under these Terms at your sole cost and expense.
24.5 Entire Agreement: These Terms, and the documents referred to in it, embodies the entire agreement and understanding between the Parties relating to the subject matter of these Terms, and supersedes all prior agreements and understandings relating to the subject matter hereof.
24.6 Force Majeure Event: Save as otherwise specifically provided in these Terms:
24.7 Further Assurance: Each Party shall do and execute or procure to be done and executed all such further acts, deeds, things and documents as may be necessary to give effect to these Terms, and to give the other Party the full benefit of these Terms.
24.8 Illegality: The illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision. Notwithstanding any other provision herein, if by reason of any Applicable Law or regulation or regulatory requirement (whether or not having the force of law) or any change therein or judicial decision relating thereto or the interpretation or administration or application thereof, it shall become (or it shall appear to SingFinance that it has or will become) unlawful or otherwise prohibited for SingFinance to maintain or give effect to any of its obligations herein, SingFinance shall thereupon notify you to that effect and you and/or your Joint Finance Account holder shall immediately upon receipt of such notification from SingFinance repay the whole of all monies (including all overdraft monies) and all outstanding interest, fees, commissions, charges, costs (including legal costs on a full indemnity basis) and expenses due and owing by you and/or your Joint Finance Account holder to SingFinance.
24.9 No Partnership: The Parties hereto are independent contractors, and nothing in these Terms shall create, or be deemed to create, a partnership, joint venture or agency relationship between the Parties.
24.10 No Waiver: No omission, failure or delay by us in exercising any or part of our rights under these Terms shall operate as a waiver thereof and does not prejudice or affect our right subsequently to act strictly in accordance with our rights. The rights and remedies provided in these Terms are cumulative and not exclusive of any rights or remedies (whether provided by law or otherwise). SingFinance is entitled to waive compliance with any terms and conditions herein, but such waiver shall be without prejudice to SingFinance’s right to enforce compliance with any such terms and conditions on any other occasion.
24.11 Severability: The provisions of these Terms are severable, and if any provision, or any portion thereof, is determined by a competent court or tribunal to be illegal, invalid or unenforceable for any reason under Applicable Law (including without limitation the laws of any country), any remaining portion of that provision, and all other provisions of these Terms, shall remain valid and enforceable to the fullest extent permitted by law in order to give effect to the Parties’ intentions.
24.12 Third Party Rights: Unless we expressly consent, a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 2001 of Singapore to enforce any term or condition of these Terms. Notwithstanding any provision (including without limitation any term or condition herein), the consent of any third party is not required for any variation of any of the terms and conditions herein.
24.13 Conclusive Evidence: You shall accept our records relating to any and all forms, documents, instructions (including E-Instructions) or communications and SingFinance E-Services as final and conclusive and the same shall be binding on you for all purposes. You agree that all such records are relevant and admissible in evidence. You shall not dispute the accuracy or the authenticity of the contents of such records merely on the basis that such records were produced by or are the output of a computer system and you hereby waive your rights to object accordingly. This provision shall also apply to all records maintained by our Third Party Service Providers.
24.14 Telephone Recordings: SingFinance, may at its sole and absolute discretion and without any duty or obligation, record all telephone conversations and to retain such recordings for so long as it thinks fit and you agree to the recordings and the use thereof and any transcripts which SingFinance may make for any purpose that SingFinance deems desirable, including their use as evidence in any proceedings against you, your Joint Finance Account holder or any other person.
25.1 Nothing herein shall oblige SingFinance to make available these Terms in any other languages other than in the English language. If SingFinance makes available the terms and conditions herein in English as well as other language(s), then in case of any inconsistency between the any of the terms and conditions of the English version and the version of any other language, the English version shall prevail.
26.1 SingFinance shall have the right at any time and from time to time, at its sole and absolute discretion, to vary in whole or in part any of the terms and conditions of these Terms (including any of the Schedules hereto) without giving any prior written notice. SingFinance may (but shall not be under any duty or obligation) give notification in accordance with Condition 27 hereof. SingFinance shall not be responsible or liable for any losses and/or consequences suffered by you, your Joint Finance Account holder or any third parties arising from or in connection with or by reason of such variation. In these Terms, to “vary” shall include to amend, add to, delete, withdraw, suspend, cancel, change, modify, supplement, revise or substitute.
27.1 In addition to and without prejudice to anything in these Terms, notification by SingFinance to you and/or your Joint Finance Account holder may be effected by any of the following means:
and you and/or your Joint Finance Account holder shall be deemed to have notice thereto on the day following such posting or on the date the email is sent or on the day when it was so left at your last known address as shown in SingFinance’s records or on the date of the notice, advertisement or communication or upon the effective date as may be specified by SingFinance at its sole and absolute discretion.
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