1. Definitions 1.1 The following terms are defined as follows:

Transcription

1 Customer Advisory imetrics Pte Ltd ( imetrics ), the holder of the icard stored value facility ( icard ), does not require the approval of the Monetary Authority of Singapore. Consumers (Cardholders) are advised to read the terms and conditions carefully. The icard Terms & Conditions 1. Definitions 1.1 The following terms are defined as follows: icard Cardholders Service Providers Card Payment System A prepaid stored value facility issued and managed by imetrics Pte Ltd for payment of goods and services in Singapore only. The icards are distributed by imetrics and/or imetrics agents. Any person using an icard to effect transactions for goods and services (excluding persons who are appointed or authorised to sell the icards, effect top-ups or refunds, or replace the icards) Service Providers as designated by imetrics from time to time which accept payment for goods and services by icard, as determined by imetrics. The computerised system owned, operated and managed by imetrics and/or Service Providers whereby, inter alia, payment for or transaction may be effected by the Cardholder using the icards. Terminals The terminals designated by imetrics for icard transactions and provision of other services as may from time to time be determined by imetrics at its sole discretion. Card Retail Counter Card Kiosk Service Charge Products Points manned by Service Providers staff responsible for top-up of or refund from icards and provision of other services as may from time to time be determined by Service Providers at its sole discretion. Self-service Automated Points to effect the checking of value or top-up of icards by the Cardholder. A non-refundable Service Charge is paid by the Cardholder for the issuance of an icard in such amount as may from time to time be determined by imetrics Pte Ltd. Goods sold and/or the services rendered by Service Providers

2 Stored Value The monetary value paid in advance for and stored in an icard or the residual value remaining therein from time to time, which may be used by the Cardholder for the payment for or a transaction of icard Services. 1.2 Words importing the singular include the plural and vice versa and, words importing a gender include every gender. References herein to Clauses shall mean the clauses of these Terms and Conditions. 2. Relationship 2.1 The icard is issued by imetrics Pte Ltd and its Terms and Conditions shall bind every Cardholder. imetrics Pte Ltd shall only be liable to the Cardholder in respect of the Stored Value without any interest accruing. 2.2 The terminals designated by imetrics for icard transactions and provisions of other services as may from time to time be determined by imetrics at its sole discretion. 3. Issuance and Validity of the icard 3.1 The icard is issued subject to the payment of the Service Charge and such other fees or charges, if any, as may be imposed from time to time by imetrics Pte Ltd and to these Terms and Conditions. The purchase of the icard or subsequent use thereof by the Cardholder shall be deemed to be acceptance by the Cardholder of these Terms and Conditions. 3.2 The Cardholder shall examine the icard upon its issue and each time he tops up the icard and shall be solely responsible for ensuring that the stored value therein is accurate and corresponds to the amount paid or topped up on the icard. imetrics and their respective officers, employees, service providers and agents shall not be liable for any error or omission not drawn to their attention upon the issuance or top-up of the icard. 3.3 All icards are valid for a period of 1 year (365 calendar days) from the date of purchase (the Validity Period ), unless otherwise stated. 3.4 Upon expiry, all icards can be renewed at any designated Service Providers Card Retail Counter / Card Kiosk for any number of times for a further period of 1 year on each renewal, subject to the payment of the Service Charge. 3.5 imetrics Pte Ltd may at their sole discretion from time to time vary the Validity Period for the icard. 4. icard Transactions and Stored Value 4.1 icards are available for sale and top up value in denominations of $2, $5, $10, $15, $20 up to $ The icard shall be used as a means of payment for or transaction of icard Services. During such payment or transaction, the Stored Value in the icard shall be reduced by the payment or transaction amount. The Stored Value shall also be reduced by deductions made hereunder

3 4.3 Payment can be made either by using the icard or in cash, but not a combination of both, for any single purchase transaction. 4.4 All icards can be topped up at any designated Service Providers Card Retail Counter and/or Card Kiosk. Topping up an icard does not automatically extend and/or renew the expiry of the icard, which must be renewed separately. 4.5 Notwithstanding the aforesaid, imetrics Pte Ltd or any Service Providers may reject the use of the icard for effecting payment for, or a transaction, of icard Services if: the icard is reasonably suspected to have been fraudulently issued, stolen or tampered with; the icard has expired; the Stored Value of the icard is insufficient or has been exhausted; there is any breakdown in the Card Payment System or part thereof which disables a Service Provider from accepting or processing the icard as a means of effecting payment or a transaction; or imetrics determines that the use of the icard poses a risk to the Card Payment System. and imetrics Pte Ltd shall not be liable for any loss suffered, if any, by the Cardholder as a result thereof unless such loss is the direct consequence of the negligent or wilful default of any of imetrics Pte Ltd employees, in which event, the maximum liability of imetrics Pte Ltd, shall not exceed the aggregate sum of Singapore Dollars Ten Only (S$10) in respect of any one event or connected events regardless of the number of occurrences. 4.6 imetrics Pte Ltd, any of their officers, employees or agents shall not be liable in any way for the goods and services sold or provided by the Service Providers, including any defect, damage, quality, failure or unavailability of or relating to the goods purchased from or services provided by Service Providers or for any other disputes concerning the said goods and services. 4.7 imetrics Pte Ltd shall from time to time introduce promotions, discounts and membership offers to the Cardholder, all of which will be at its sole discretion. 4.8 The Cardholder agrees that upon his use of the icard as a means of payment for, or a transaction of, icard Services, the Service Provider is entitled to deduct payment for the goods and services sold or provided by it from the Stored Value, in such manner as may be determined by imetrics and the Service Provider. 4.9 imetrics and Service Providers shall be entitled to treat any person for the time being in physical possession and control of any icard as the rightful holder of the icard and entitled to all rights and privileges granted to a Cardholder in respect of the icard including all rights to refund the Stored Value thereof, and shall not in any way be liable for any loss, costs, damages or prejudice suffered by any person including the rightful holder of the icard with respect to any transaction effected through the stolen or lost icard

4 5. Care and Use of the icard; Loss or Theft of the icard 5.1 The Cardholder shall: exercise all due care and diligence in the custody, care and use of the icard; not tamper or allow anyone to tamper with the icard; not permit the icard to be used in any unauthorised manner; not intentionally deface or damage the icard; not affix, print or attach anything or matter onto the icard or otherwise alter, remove or replace any notice, logo or design on the icard; not use or attempt to use the icard through any electronic terminal that is malfunctioning or has broken down. 5.2 Any attempt to affix, print or attach anything or matter onto the icard or otherwise alter, remove or replace any notice, logo or design on the icard will result in damages that imetrics Pte Ltd may seek against the Cardholder. 5.3 If the icard is wilfully damaged, lost or stolen or if the Cardholder is in breach of Clause 5.1 hereof, the Cardholder shall not be entitled to any refund whatsoever but imetrics Pte Ltd shall be entitled to deduct the Stored Value for transactions effected through the damaged, lost or stolen icard. 6. Damaged icards 6.1 If, in the opinion of imetrics Pte Ltd, that the Cardholder s icard is damaged or becomes defective on account of normal wear and tear or otherwise through no fault of the Cardholder, the Cardholder shall be entitled to seek a refund of the Stored Value pursuant to and in accordance with Clause 8 hereof. 6.2 Subject to paragraph 6.1, imetrics Pte Ltd reserves the right to deal with and to take such course of action as it may think appropriate with respect to damaged icards including but not limited to, replacement of damaged icards; withholding any refund of the Stored Value thereof (if determinable) or otherwise. 7. Return and Retention of the icard 7.1 The icard remains the property of imetrics Pte Ltd and shall be promptly returned to imetrics upon request by imetrics Pte Ltd subject always to the Cardholder's right to a refund of the Stored Value of the icard in accordance with these Terms and Conditions in particular to Clause 8 hereof. 7.2 imetrics Pte Ltd and the Service Providers shall be entitled without assigning any reason therefore to retain at the Terminals any icard which is reasonably suspected to have been fraudulently issued, stolen or tampered with

5 8. Refunds 8.1 Subject to these Terms and Conditions, imetrics Pte Ltd shall be fully liable to the Cardholder for the Stored Value of the icard and the Cardholder shall, subject to these Terms and Conditions, have recourse to imetrics Pte Ltd for the refund of the Stored Value. 8.2 A full refund of any remaining Stored Value in all icards can be obtained at any designated Card Retail Counter, during operation hours, provided such claim is made during the Validity Period of the icard. 8.3 Where the icard has not been renewed for 5 years or more, the icard shall no longer be valid for further renewal, top up and / or use. The Cardholders shall not be entitled to a refund of the Stored Value after the lapse of 5 years from the Expiry Period whereupon the Cardholder shall have no claim whatsoever against imetrics Pte Ltd. 8.4 The refund of the Stored Value shall be made in accordance with such procedural or operational requirements as imetrics Pte Ltd may from time to time prescribe and failure by the Cardholder to observe or comply with such procedural or operational requirements may result in delay in processing any refund. 8.5 The Cardholder may effect the refund of the Stored Value at any designated Service Providers; Card Retail Counter, during operation hours, in which event the icard in question will be retained by imetrics Pte Ltd after the refund has been completed. 8.6 Notwithstanding anything herein contained, imetrics shall not be liable to make a refund of the Stored Value if : the icard is not presented by the Cardholder at the time of a request for a refund; the encoded date ion the icard or any part thereof is erased, altered or tampered with as determined by imetrics; the encoded data in the icards and/or its external card numbers are not readable for any reason as determined by imetrics; the icard has been damaged or tampered with whether intentionally or otherwise as determined by imetrics at their sole discretion. 9. Determination of Value 9.1 For the purpose of determining the Stored Value of the icard, in the event of a refund from imetrics, the value as determined by any designated Card Retail Counter from either the value recorded in the icard or imetrics Pte Ltd s central records shall, save for manifest error, be deemed conclusive and binding against the Cardholder. 9.2 The Cardholder shall, upon receipt of the refund, be deemed to have accepted the amount thereof as entirely correct and conclusive, and agrees to discharge imetrics Pte Ltd from any loss, damage, expense and/or liability whatsoever

6 10. Disclaimers and Exemptions 10.1 Notwithstanding anything to the contrary contained herein, imetrics Pte Ltd, its respective officers, employees, contractors and / or agents shall not be liable in any way to the Cardholder for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a solicitor and client basis) that the Cardholder may incur or suffer in connection with or arising from: the issue or use of the icard; any delay, suspension, discontinuance or failure in the issuance of the icard; any delay or suspension in the refund of the icard; any period when the processing of the use of the icard for payment is unavailable due to any disruption, defect, damage, breakdown in or failure (collectively malfunction ) of the icard, the Payment System (including any data processing system, the network system or its associated equipment) whether or not due to anything beyond the control of any party or of their respective officers, employees, contractors or agents; any delay or any inability to use the icard for any reason whatsoever, including the unavailability due to the malfunction of Card Payment System or damage to or defect in the icard; the icard being rejected by any designated Card Retail Counter and/or Card Kiosk for whatever reason; any inability to retrieve any data or information on the icard; and / or any delay or inability to perform any of its obligations due directly or indirectly to the malfunction of any machine or communication system, industrial dispute, war, Act of God, or anything outside the control of any party or of their respective officers, employees, contractors or agents; provided that the same is not caused by the gross negligence or wilful default of imetrics Pte Ltd or any of its respective officers Notwithstanding anything to the contrary contained herein, the maximum liability of imetrics Pte Ltd to the Cardholder under these Terms and Conditions and at law shall not exceed in aggregate the sum of Singapore Dollars Ten only (S$10) per icard or the Stored Value of the Cardholder's icard as at the date the Cardholder s claim arises, whichever is the lesser. 11. Indemnity 11.1 The Cardholder shall indemnify and hold harmless imetrics Pte Ltd in respect of any and all damages, losses, costs (including costs on a full indemnity basis) and expenses suffered or incurred by imetrics Pte Ltd or any third party by reason of any breach or noncompliance by the Cardholder of these Terms and Conditions or by imetrics Pte Ltd enforcing any of these Terms and Conditions or preventing any breach thereof

7 12. Variation 12.1 In purchasing the icard, the Cardholder is deemed to have consented to imetricspte Ltd s Terms and Conditions and any variations that imetrics Pte Ltd may from time to time implement imetrics Pte Ltd reserves the right to add to, delete from, vary or otherwise amend all or any of these Terms and Conditions at any time by publication thereof at appropriate locations at designated Card Retail Counters and/or Card Kiosk, Service Providers premises or such other premises as may be determined by imetrics. The Cardholder s continued use of the icard after the date of such notification shall be deemed to be the Cardholder's acceptance of such revised Terms and Conditions. 13. Governing Law 13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore. Each of the parties mentioned herein hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Singapore for all purposes in relation to these Terms and Conditions These Terms and Conditions may be translated into other languages but in the event of any inconsistency or uncertainty arising there from, this English version shall prevail over any other version. 14. Contracts (Rights of Third Parties) Act (CAP.53B) 14.1 A Person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any term of these Terms and Conditions. 15. Trademarks 15.1 The icard logo is a registered Trademark of imetrics Pte Ltd