Liquid Pay : Terms of Use

ACCEPTANCE OF TERMS

Liquid Group Pte. Ltd. (referred to as “Liquid” or “we” or “us” or “our”) is licensed under the Payment Services Act 2019 (No.2 of 2019) (“PSA”) as a Major Payment Institution to carry on the business of (1) account issuance service, (2) e-money issuance service (3) domestic money transfer service, (4) cross-border money transfer service and (5) merchant acquisition service.

1. These terms of use constitute a contract (“Agreement“) between you (referred to as “you” or “your” or “User”) and Liquid and applies to your use of our services (the “Services“) on the Liquid Pay App or otherwise.

2. By accessing the Liquid website and/or registering as a User on the Liquid Pay App (whether through the Liquid website or on any mobile device), you agree that you have read, agree with and accept all of the terms and conditions in this Agreement as well as our Privacy Policy (“Privacy Policy”) which is available at https://liquidpaygroup.com/liquid-pay-privacy-policy/ and is incorporated into this Agreement by this reference. We may amend this Agreement at any time by posting a revised version on our Liquid website or the Liquid Pay App. The revised version shall be effective at the time we post it. If you do not accept the terms of this Agreement, please do not use the Liquid Pay App or access the Liquid website or any of the Services offered or provided therein.

3. While this Agreement applies to your access to and/or use of the Liquid Pay App and/or Liquid website, they may be supplemented or changed by the terms and conditions relating to (i) the use of specific aspects of products, services, offers, promotions, rewards, applications, programmes, functions and/or features made available on or through the Liquid Pay App and/or Liquid website, and/or (ii) more comprehensive and/or updated version(s) of the Liquid Pay App and/or Liquid website (collectively the “Additional Terms”), which shall apply in full force and effect, where applicable. In the event of any inconsistency between these Terms and the Additional Terms, the Additional Terms shall, unless otherwise provided, prevail.

4. You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the Services.

5. We reserve the right to close, suspend, or limit your access to your User Account, the Services or New Services, and/or limit access to your funds if you violate this Agreement or any other agreement you may enter into with us.

SERVICES AND ELIGIBILITY

6. Liquid facilitates payments and acts as such by providing our Services to you via the Liquid Pay App. Our Services allow you to send payments for goods and services, and, where applicable, to receive payments for goods and services via the Liquid Pay App. The availability of our Services may vary from country to country. We do not have any control over, and are not responsible or liable for, the goods or services that are paid for via our Liquid Pay App. We cannot ensure that a Merchant you are dealing with using the Liquid Pay App will actually complete the transaction. We shall have the right (but not the obligation) to introduce New Services to the Liquid Pay App and/or Liquid website from time to time and from country to country.

7. Eligibility. You must be at least eighteen (18) years of age (or the minimum legal contracting age in your country, whichever is the higher) and a resident of one of the countries in which the Services are offered to use the Services. If you are under eighteen (18) or the minimum legal contracting age in your country, you may use the Services only with the involvement of a parent or guardian. Only individuals can register as a User and each individual is entitled to only one User Account. No corporations, trusts, partnerships or other legal entities can be enrolled as a User.

8. Registration. In order to open and maintain a User Account, you must provide us with correct and updated information in accordance with your national identification documents. Your registration must be followed with the submission of such supporting documentation and information as we may require from time to time in order to identify you and perform checks and verification of information or otherwise, including anti-fraud, anti-terrorism and anti-money laundering verification as may be required by law. You agree that all documentation and information provided to us is truthful, accurate and complete as at the time of registration and throughout such time that you remain a User. We retain the sole and absolute discretion to approve or reject any registration in whole or in part. We shall not be required to provide any reason or explanation for our decisions.

9. Your contact information. It is your responsibility to keep your email address and mobile number up to date so that we can communicate with you electronically. You understand and agree that if we send you an electronic communication but you do not receive it because your email address or mobile number in our records is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic communication, we will be deemed to have provided the communication to you effectively. Please add Liquid’s email address to your email address book so that the email communications we send to you are not blocked or re-routed by a spam filter.

10. You may update your contact information by sending us an email at contact@liquidpay.com. If your email address becomes invalid such that electronic communications sent to you by us are returned, we may deem your User Account to be inactive, and you will not be able to use our Services until we receive a valid, working email address from you.

11. Identity Verification. You authorize Liquid, directly or through third parties, to make any inquiries we consider necessary to validate your identity as a User. This may include asking you for further information or documentation, requiring you to take steps to confirm ownership of your email address, mobile number or credit/debit/charge cards or to verify your information against third party databases or through other sources.

12. Mobile Application. You are required to use the latest versions of the Liquid Pay App in order to use our Services. The Liquid Pay App may only be downloaded from official channels provided and approved by us. Only supported devices as defined by the official channel platforms may use the Liquid Pay App. We are not responsible for or obliged to support any devices that do not meet these standards. All terms that have been included in this Agreement are applicable to all versions, past and present, of the relevant Liquid Pay App. You acknowledge that we have entered into agreements with, and owe certain obligations to, owners and operators of app store providers in connection with the distribution of the Liquid Pay App. We accept no liability for any loss or damage arising directly or indirectly from any act or omission of any app store provider, or otherwise from the relationship between Liquid and such app store providers.

13. Mobile Application License. We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Liquid Pay App downloaded directly from the official channels provided and approved by us, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the Liquid Pay App, such open source code is covered by the applicable open source or third-party license, if any, authorising use of such code. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use the Liquid Pay App or Liquid website for any commercial or other purposes.

14 Mobile Services. You acknowledge and agree that your use of any mobile services such as data when using our Liquid Pay App may entail additional charges with your respective mobile service providers and you shall be responsible for such charges (where applicable).

PAYMENT SERVICE

15. Payment Accounts. Subject to the terms herein, you may open either or both of the following payment accounts via the Liquid Pay App:

(a) Liquid Cash Account

(b) Liquid Account

16. Terms Specific to the Liquid Cash Account

(a) Permitted Funding Source. You may fund and/or top-up your Liquid Cash Account via credit cards only.

(b) PayNow and FAST Transactions. PayNow and FAST transactions are not available on the Liquid Cash Account.

17. Terms Specific to the Liquid Account, PayNow and FAST

Permitted Funding Source. You may fund and/or top-up your Liquid Account via PayNow and/or FAST only.

18. Terms Specific to PayNow and FAST

(a) PayNow Registration. In order to receive funds in your Liquid Account via PayNow, you must complete your PayNow Registration with Liquid using your mobile phone number. If you intend to make a PayNow transfer only, you do not need to complete a PayNow Registration. To complete your PayNow Registration with Liquid:

(i) you must have a Liquid Account;

(ii) you must have a mobile phone number on file with us;

(iii) you must link your mobile phone number to your Liquid Account to receive funds via PayNow; and

(iv) you must be a first-time registrant of PayNow using your mobile phone number. If you had previously registered for PayNow with another Participating financial institution and now choose to use the same Registration Type for your PayNow Registration with us, you must first deregister with it before you can proceed with your PayNow Registration with us.

19. Receiving Monies. Your Liquid Account is enabled to receive electronic fund transfers from customers of financial institutions who are participants in the PayNow and FAST schemes. Notwithstanding anything in these Terms, it is your responsibility to ensure that you provide the correct details, including your applicable registered PayNow proxy to any person from whom you wish to receive funds and you shall be solely responsible for any errors or damages suffered by you and/or any person arising from or in connection with any use or misuse of PayNow.

(a) A PayNow Transaction and/or FAST Transaction shall be considered as incomplete if the amount specified by you (“Transfer Amount”) fails to be credited to the relevant PayNow Account for any reason (whether by reason of a failure in the PayNow system, the FAST system or otherwise). If a PayNow Transaction and/or FAST Transaction is not completed for any reason, Liquid shall not be liable to you in respect of the incomplete PayNow Transaction, including without limitation, your non-receipt of the Transfer Amount.

(b) Liquid shall be entitled, at its absolute discretion, to reject or refuse to process any PayNow Registration, PayNow Transaction and/or FAST Transaction and shall not be required to give any reason for the same.

20. Payment Limits. We may, at our discretion or if required by law, impose limits on the amount of payments you can make through our Services or the amount that you can hold in, or top-up to, your Liquid Cash Account and Liquid Account. If you have a Verified Account or if you meet certain requirements that we may impose from time to time or as required by law, we may in our sole discretion increase your limits. As at the date of this version of this Agreement, the maximum aggregated amount of e-money that you can hold in your Liquid Cash Account and Liquid Account at any time is S$999 (or such equivalent aggregate amount in foreign currencies) and the total aggregated value of consumer payment transactions that you can carry out with your Liquid Cash Account and Liquid Account using e-money in a calendar year may not exceed S$30,000 (or such equivalent aggregate amount in foreign currencies).

21. Payment Methods Generally You may register your credit or bank account with our Services to facilitate the processing of payment transactions using the Liquid Pay App. The payment method must be associated with a billing address in a country where our Services are made available. By registering your credit card with us, you authorize us to confirm that your credit card is in good standing with the issuing financial institution, including, but not limited to, us submitting a request for a payment authorization and/or a low dollar credit and/or debit to the relevant credit card, in accordance with the relevant card association rules as applicable. You also authorize us to obtain from time to time a credit report and/or to otherwise make credit or other background inquiries as we deem appropriate to evaluate your registration for or continued use of the Services.

22. Preferred Payment Method. You may select a preferred payment method each time you make a payment or to automatically top-up e-money to your User Accounts. By adding a credit card as a payment method on your Liquid Pay App, you are providing us with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a payment method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a Payment Method in your User Account.

23. Bank/Credit Card Fees. Liquid may levy such fees as may be notified to you in the Application for top-ups to the Liquid Cash Account via credit card. Your bank, credit card company may charge you fees for sending or receiving funds through the Liquid Pay App. You may be charged fees even when your transaction is domestic, and does not require a currency conversion. Liquid is not liable for any fees charged to you by your bank, credit/debit/charge card company or other financial institution based on your usage of the Liquid Pay App.

24. Receiving Funds Generally. Should you receive funds from unverified sources in any of your User Accounts, it is your responsibility to contact us and/or if necessary, make a police report. Please note that it can be an offence to retain and/or appropriate monies which do not belong to you.

25. Third Party Vouchers We may also from time to time work with a Merchant, financial institution or any other third party, to allow electronic vouchers that are issued and operated by such Merchant, financial institution or third party to be downloaded and used for payments on our Liquid Pay App (referred to as “Third Party Vouchers”). Such Third Party Vouchers are subject to the terms and conditions of the relevant issuer and although they may be used for payments via the Liquid Pay App, they are not managed or operated by Liquid. As such, we do not assume any responsibility or liability for any matters relating to your use of these Third Party Vouchers. If you have any queries relating to the use or balance amount in, or any transaction made using, the Third Party Vouchers, please contact the issuers directly.

26. Refused and Refunded Payments. When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned or refunded to your relevant mode of payment for that particular transaction, less any applicable fees or charges that may be imposed.

27. Merchant Processing Delay. When you send a payment to certain Merchants using the Liquid Pay App, you are providing an Authorization to the Merchant to process your payment and complete the transaction with Liquid. The payment will be held as pending until the Merchant processes your payment. Some Merchants may delay processing your payment. In such an instance, your Authorization may remain valid for up to 30 days.

ACCOUNT BALANCES

28. Balance E-money. As required under the PSA, all Balance E-money in your User Account will be deposited and held in safeguarded trust account with our safeguarding institution, DBS Bank Ltd (“DBS”). Your monies in the safeguarded trust account are commingled with other customers’ monies but are kept separate from Liquid’s corporate funds. Liquid will not use the funds held as E-money for its own operating expenses or for any other corporate purposes. If Liquid were to become insolvent, you will be able to make a claim for your funds from the safeguarded trust account. Please note that you may not get all your money back if (a) the funds in the safeguarded trust account held by us with DBS is insufficient to meet the payout instruction; or (b) if DBS becomes insolvent. You will not receive interest or other earnings on the amounts in your balance E-money. Liquid may receive interest on amounts that Liquid holds on your behalf. You agree to assign your rights to Liquid for any interest derived from your funds. We shall not be obliged to return or refund any balance amount in your E-money to you at all times except when you close your User Account (please refer to Clause 31 below).

29. Setoff of Past Due Amounts. If you have a past due amount owed to us, we may debit your User Account to pay any amounts that are past due.

30. Negative Balances and Multiple Currencies. If your User Account has a negative balance, we may set-off the negative balance with any funds that you subsequently add or receive into your User Account.

CLOSING YOUR USER ACCOUNT

31. You may close your User Account at any time by writing to us with your request at contact@liquidpay.com. Upon the closure of your User Account, we will cancel any pending transactions, unless legally prohibited.

32. Withdrawal upon closure. If you close your User Account and there are remaining E-money in your User Account (excluding any E-money that were given to you free pursuant to any marketing or promotional activity), we may hold the balance amount and require you to provide further information or documentation for verification purposes, or as may be required by relevant laws and regulations, before we make any refunds or transfers of the balance amount to you. A processing fee shall be imposed for each refund and you agree that we shall be permitted to deduct such processing fees from the remaining amount in your E-money account. We shall be obliged to process any refunds only if the remaining value of your E-money exceeds the processing fee. All refunds shall only be made to a registered bank account in the country under which your User Account is registered. In the event of an unsuccessful transfer because of any inaccurate or incomplete bank account information provided by you, we reserve the right to further impose an additional administrative fee.

33. Limitations on User Account Closure. You may not evade an investigation by closing your User Account. If you close your User Account while we are conducting an investigation, we may hold your funds to protect us, any of our affiliates or a third party against the risk of reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your User Account even after the User Account is closed.

ERRONEOUS AND UNAUTHORISED TRANSACTIONS.

34. Erroneous and Unauthorized Transactions. An Erroneous or Unauthorized Transaction occurs when a payment is sent from your User Account that you did not authorize and that did not benefit you. For example, if someone steals your password or mobile and uses the Liquid Pay App to access your User Account, and sends a payment from your User Account, an Unauthorized Transaction has occurred. If you give someone access to your User Account (by giving them your login information) and they conduct transactions without your knowledge or permission, you are responsible for any resulting use.

35. Notification Requirements. You should immediately notify us at contact@liquidpay.com if you believe that:

there has been an Erroneous or Unauthorized Transaction or unauthorized access to your User Account;
there is an error in your User Account history statement (you can access your User Account history statement by logging into your User Account on the Liquid Pay App or Liquid website and clicking on a link to “History”);
your password has been compromised;
your Liquid Pay mobile-activated phone has been lost, stolen or deactivated; or
you need more information about a transaction listed on the statement or transaction confirmation.

36. When you notify us, please provide us with all of the following information:

Your name, email address and mobile number registered to your User Account;
A description of any suspected Erroneous or Unauthorized Transaction and an explanation as to why you believe it is so or why you need more information to identify the transaction; and
the amount of any suspected Erroneous or Unauthorized Transaction.

37. During the course of our investigation, we may request additional information from you.

38. After Your Notification. Once we receive your notification to us of any suspected Erroneous or Unauthorized Transaction, or we otherwise learn of one, we will do the following:

We will conduct an investigation to determine whether there has been an Erroneous or Unauthorized Transaction. We will complete our investigation within a reasonable period from the date we received your notification of the suspected Erroneous or Unauthorized Transaction.
We will inform you of our decision after completing our investigation. If we determine that there was an Erroneous or Unauthorized Transaction, we will promptly credit the full amount into your User Account. If we decide that it was not an Erroneous or Unauthorized Transaction, we will include an explanation of our decision in our email to you. If you received a provisional credit, we will remove it from your User Account and notify you of the date and amount of the debit. You may request copies of the documents that we used in our investigation. Our decision shall be final and binding on you.

39. Credit/Debit/Charge Card Chargebacks. If you wish to dispute or invalidate a payment that was made on your credit/debit/charge card, you should contact your credit/debit/charge card company directly.

40. Your Errors. If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (for example, you made a typographical error), your only recourse will be to contact the party to whom you sent the payment and ask them for a refund of the payment. Liquid will not reimburse you or reverse a payment that you have made in error.

VOID TRANSACTIONS AND REFUNDS

41. If a Merchant makes a request through the authorised channels provided to it by Liquid to void any payment transaction made by you using E-money, we may, in certain circumstances agreed between us and the Merchant, refund the relevant amount to you by crediting such amount to your User Account.

42. In respect of any complaints concerning any transaction raised by you to us, you hereby acknowledge that: (a) you shall satisfactorily provide such documentary proof as we may require as relevant evidence toward our investigation of the relevant transaction; (b) you acknowledge that we shall be not be responsible or liable to you in respect of any issues with any transaction that you fail to notify in writing to us within 30 days from the date of that transaction in accordance with the terms herein; and (c) we retain the sole discretion to conduct independent investigations into each and every transaction made by you, and reserve the right to make such determination as we may deem fit. We reserve the right to charge an administration fee for any refund of any payment transaction.

RESTRICTED ACTIVITIES

43. Restricted Activities. In connection with your use of our website, your User Account, our Services, the Liquid Pay App or in the course of your interaction with Liquid, other Users, or third parties, you acknowledge and agree that you will not:

breach this Agreement or any other Policy or agreement that you have agreed to with Liquid;
violate any law, statute, ordinance, or regulation;
infringe Liquid’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
act in a manner that is defamatory, threatening or harassing to our employees, agents or other Users;
provide false, inaccurate or misleading information;
engage in any illegal, potentially fraudulent or suspicious activity and/or transactions;
refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide to us;
control a User Account that is linked to another User Account that has engaged in any of these Restricted Activities;
use our Services in a manner that results in or may result in complaints, Disputes, Claims, Chargebacks, fees, fines, penalties and other liability to Liquid, other Users, third parties or you;
have a credit score from a credit reporting agency that we may appoint that indicates a high level of risk associated with your use of our Services;
use your User Account or our Services in a manner that Liquid, any card scheme, financial institution or any other electronic funds transfer network reasonably believes to be an abuse of the card system or a violation of card association or network rules;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy the Liquid Pay App or our website without our prior written permission;
use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website, the Liquid Pay App or our Services; or
take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers.

YOUR LIABILITY

44. General. You are responsible for all Claims, fees, fines, penalties and other liability incurred by Liquid, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of our Services. You agree to reimburse Liquid, a User, or a third party for any and all such liability.

45. Liability for instructions given by you on your User Account. Any instructions given by you on your User Account (whether verbal or in writing) once you have been authenticated will be relied on by Liquid. Liquid will not be liable for any loss or damage you or anyone else suffers where we act on those instructions in good faith, unless it has been proven that we were negligent.

46. Actions by Liquid. If we, in our sole discretion, believe that you may have engaged in any Restricted Activities, we may take various actions to protect us, our affiliates, other Users, other third parties or you from Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

We may close, suspend, or limit your access to your User Account or any of our Services; and
We may refuse to provide our Services to you now and in the future.

47. Termination. Liquid, in its sole discretion, reserves the right to terminate this Agreement and/or access to any of our Services for any reason and at any time upon notice to you. If we limit access to your User Account, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that our decision to take certain actions, including limiting access to your User Account, may be based on confidential criteria that is essential to our management of risk, the security of User Accounts and the Liquid Pay App and system. You agree that we are under no obligation to disclose the details of our risk management or security procedures to you.

DISPUTES WITH LIQUID

48. Contact Us. If a dispute arises between you and us, please contact us to allow us to learn about and address your concerns and/or to provide you with options to resolving the dispute quickly. Disputes between you and us regarding our Services may be reported to us via contact@liquidpay.com.

49. Arbitration. Any claim (excluding claims for injunctive or other equitable relief), dispute or controversy arising out of or in connection with the terms of this Agreement, including any questions regarding it existence, validity, breach or termination, shall be referred to and finally resolved by arbitration in Singapore at the Singapore International Arbitration Centre (“SIAC”) or at such other venue in Singapore as the parties concerned may agree in writing or in accordance with the SIAC Rules. A tribunal shall consist of a single arbitrator to be appointed by the chairman of the SIAC. The decision of the tribunal shall be final and binding on the parties concerned. The language of the arbitration shall be English. The parties concerned undertake to keep the arbitration proceedings and all information, pleadings, documents, evidence and all matters relating thereto confidential.

50. Notices to You. You agree that we may provide you communications about your User Account, our Services and this Agreement electronically. We reserve the right to close your User Account if you withdraw your consent to receive electronic communications. Any electronic communication will be considered to be received by you within 24 hours of the time we post it to our website or Liquid Pay App or email it to you. Any notice sent to you by postal mail will be deemed to be received by you 3 business days after we send it.

51. Insolvency Proceedings. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, we will be entitled to recover all reasonable costs or expenses (including reasonable attorneys’ fees and expenses) incurred in connection with the enforcement of this Agreement.

GENERAL TERMS

52. Governing Law. This Agreement shall be governed by and construed in all respects in accordance with the laws of Singapore, without regard to conflict of law provisions.

53. Notices to Us. Except as otherwise stated in this Agreement, all notices to Liquid must be sent by postal mail to: Liquid Group Pte. Ltd., Attention: Legal Department, 1 Fusionopolis View, #07-02, Sandcrawler, Singapore 138577.

54. Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOSS OF PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE LIQUID PAY APP, OUR WEBSITE, OUR SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE EXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES.

55. Services Limitation. We are not a bank and our Services are not banking services. We are not acting as a trustee, fiduciary or escrow with respect to your funds, but for certain Services, we may act only as an agent and custodian. We do not have control of, nor liability for, the goods or services that are paid for with the Liquid Pay App. We do not guarantee the identity of any User or ensure that a Merchant will complete a transaction or that a Merchant, financial institution or relevant third party will honour any balance amount in your Third Party Prepaid Cards registered on the Liquid Pay App.

56. No Warranty. THE LIQUID PAY APP AND OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. LIQUID, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not have any control over the goods or services that are paid for with the Liquid Pay App and we cannot ensure that a Merchant that you are dealing with will actually complete the transaction or is authorized to do so. We do not guarantee continuous, uninterrupted or secure access to any part of our Services, and operation of our website or the Liquid Pay App may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. We will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts, credit cards, charge cards and debit cards are processed in a timely manner but we make no representations or warranties regarding the amount of time needed to complete processing because our Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service.

57. Third Party Hypertext Link or Websites. Any hypertext link from the Liquid Pay App or Liquid website to any third party website exists for information purposes and is for your convenience only. We accept no liability for any loss or damage arising directly or indirectly (including special, indirect, incidental or consequential loss or damage) from any errors, omissions, or defects in any content, goods or services of any such third party website or any hyperlink contained in any such third party website, the privacy or security practices employed by such third party websites, or the use of any content posted on or contained in such third party websites. The inclusion of hyperlinks on the Liquid Pay App does not imply any endorsement of the materials on such hyperlinked websites.

58. Indemnification. You agree to defend, indemnify and hold Liquid, its affiliates and the respective officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of our Services.

59. Modification to Liquid Pay App and Liquid website and your access. We reserve the right at any time and from time to time to modify, change, suspend, discontinue or restrict, either temporarily or permanently, (a) any User’s access to the Liquid Pay App or Liquid website (or any part thereof); or (b) the whole or any portion of the Liquid Pay App or Liquid website and the Services provided therein, with or without notice. Liquid shall not be liable to you or any third party for any such modification, change, suspension, discontinuation or restriction.

60. Intellectual Property. “liquidpay.com”, “Liquid Pay”, “liquidpay”, “XNAP” and all other URLs, logos and trademarks related to our Services are either trademarks or registered trademarks of Liquid or its licensors. You may not copy, imitate or use them without our prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Liquid. You may not copy, imitate, or use them without our prior written consent. All right, title and interest in and to the Liquid Pay App, the Liquid website, any content thereon, our Services, the technology related to our Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Liquid and its licensors.

61. Calls to You; Mobile Telephone Numbers. By providing Liquid with your mobile number, you consent to receiving calls, including auto-dialled and pre-recorded messages from us at that number. You consent to receiving text messages from us about your use of our Services at that number.

62. Password Security. You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), or any other codes or biometrics that you use to access our Services.

63. Taxes. It is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.
Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services or goods from a foreign entity. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority.

64. Assignment. You may not transfer or assign any rights or obligations you have under this Agreement without our prior written consent. We reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

64. No Waiver. Our failure or delay to act with respect to a breach by you or others does not waive our right to act with respect to such breach or any subsequent or similar breaches.

66. Entire Agreement. This Agreement constitutes the entire agreement between you and Liquid relating to your use of the Liquid Pay App and website.

67. Assumption of Rights. If we pay out a Claim, reversal or Chargeback that you file against a recipient of your payment, you agree that we assume your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in our absolute discretion.

68. Third Party Rights. Save for Liquid and its affiliates, no person who is not a party to this Agreement has any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or enjoy the benefit of any provision of this Agreement.

69. Force Majeure. We shall not be liable to you or be deemed to be in breach of this Agreement by reason of any delay in performing, or any failure to perform, any of our obligations (including the provision of our Services to you), if the delay or failure was due to any event or circumstance (including any network failure or system downtime) the occurrence and the effect of which we are unable to prevent and avoid notwithstanding the exercise of reasonable foresight, diligence and care on our part.

70. Severability. If at any time any provision of this Agreement shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from this Agreement.

DEFINITIONS

“Chargeback” means a request that a User files directly with his or her credit/debit/charge card company or credit/debit/charge card issuing bank to invalidate a payment.

“Claim” means a challenge to a payment that a User files directly with Liquid.

“Dispute” means a dispute filed by a User directly with Liquid.

“E-money” means the credits stored in your User Account where you can reload or top-up as instructed on the Liquid Pay App.

“FAST” means electronic funds transfer service also known as “Fast And Secure Transfers” that enables customers of participating entities to transfer Singapore dollar funds from one entity to another in real-time.

“Liquid” means Liquid Group Pte. Ltd.

“Liquid Account” means the payment account referred to at Clauses 15 and 17 above.

“Liquid Cash Account” means the payment account referred to at Clauses 15 and 16 above.

“Liquid Pay App” means the Liquid Pay mobile application that is maintained and provided by us for downloading from official channels approved by us from time to time.

“Merchant” means a participating merchant entity that has entered into an arrangement with Liquid to accept payment for product(s) or service(s) from you effected through the Liquid Pay App.

“New Services” means any new products, services, applications, programmes, functions and/or features that may be offered on the Liquid Pay App and/or Liquid website from time to time.

“Services” means the services provided by Liquid, and all other offers, promotions or services that may be provided by Liquid to a User or Merchant from time to time via the Liquid Pay App, the Liquid website or such other resources or platforms operated by Liquid, and includes but is not limited to the services described in this Agreement.

“Third Party Service Provider” means a party other than Liquid or its related corporations that provides any function or Service accessible through or on the Liquid Pay App and/or Liquid website.

“Third Party Prepaid Cards” shall have the meaning ascribed to it in clause 19 above.

“PayNow” means the payment service which allows allows consumers and businesses to make instant payments across accounts using a proxy such as a mobile number, NRIC/FIN number, or Unique Entity Number (UEN).

“User” means you or any individual who has successfully registered (and who continues to be so registered) with Liquid.

“User Account” means the registered account of a User containing stored value purchased by the User, where such stored value is capable of being used, by such User, to carry out transactions for the payment of goods or services. For the avoidance of doubt, both the Liquid Cash Account and Liquid Account are User Accounts.

“Verified Account” means a User Account status that reflects that Liquid has verified or carried out such due diligence checks as may be required to confirm that a User has legal control over one or more of his or her payment methods and satisfies relevant due diligence requirements. A Verified Account status does not constitute an endorsement of a User.

CONTACT US

If you have questions or concerns regarding this Agreement, or any feedback that you would like us to consider, please email us at contact@liquidpay.com.