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Please read this agreement carefully. This agreement explains the terms and conditions thatapply when you use the ampä  debit card (“Card”) and its related services including the virtual debit account for the settlement of transactions made on the Card (“Card Account”) and the platform for accessing yourCard Account (“Platform”). The Card may be issued to you in virtual format or physical format or both. References to the Card in this Terms andConditions shall apply equally to the Card in virtual format and physical format unless the context otherwise requires.

The Card is a debitcard powered and issued by M-DAQ Cashport Pte. Ltd. ("Cashport").Cashport is licensed under the Payment Services Act 2019 (No. 2 of 2019) (“PS Act”) as a major payment institution to carry on the business of (1) account issuance service, (2) domestic money transfer service,(3) cross-border money transfer service and (4) e-money issuance service.

The Platform is made available to you by Project Sunray Pte. Ltd. (“Sunray”). Sunray is not an MAS-licensed entity and does not provide any MAS-regulated services.

Terms of Use for amp Card  

1. General

Accepting our Terms. By using theCard, you acknowledge that you’ve read, understood and agreed to be bound bythe terms and conditions set out herein, which shall also include our PrivacyPolicy (available at: [insertlink]) (collectively, “Terms and Conditions”,or “Terms”), as well as any future amendments made to the Terms. Certainservices and functions provided in relation to the Card such as the issuance ofthe Card Account and provision of the Platform (“Partner Services”) areoperated by our partners (“Partners”). Your usage of these PartnerServices shall also constitute your acknowledgement of reading, understandingand agreement to be bound by the relevant Partner’s terms and conditions, aswell as any future amendments made to them (“Partner Terms”). In the event of inconsistency,this Terms shall prevail with respect to the use of the Card. ThePartner Terms may be enforced by the Partner against you directly. For more information about the Partner Terms, please refer to [insert link].

By using the Partner Services, you consent and agree to:

• Cashport sharing information about you, your Card and/or Card Account with the relevant Partner as may be necessary for you to access the Partner Services; and
• promptly fulfil any reasonable request that Cashport or the Partner makes to you in order to provide the Partner Services.

Rejecting our Terms. If you don’t agreeto the Terms or Partner Terms, please discontinue any usage of the Card andPartner Services.

 2. How your monies are safeguarded

 As required by the PSAct:

• All your monies are deposited into a dedicated customer segregated account held by Cashport with  [insert name of bank] which shall be safeguarded separately from any other account in which Cashport deposits its own monies. All monies in this dedicated customer  segregated account are held on trust by Cashport for you and [insert name of bank] will not be entitled to use such monies to repay any debts Cashport may owe [insert name of  bank] or other creditors. 
• As the trustee of the dedicated customer segregated account, where your monies are deposited together with the monies of other customers, rest assured that Cashport will not use the monies held in such account to repay any debts it may owe to any other party. This dedicated customer segregated account is designated for customer monies only, and is kept strictly separate from Cashport’s other accounts. In the event of an insolvency, you will be able to make a claim for your funds from this dedicated customer segregated account.

We may, at our sole discretion, take such action as we consider appropriate to comply with laws, regulations, international guidance, internal policies and procedures and/or requirements and policies of our Partners. These may include the transfer of your funds held with Cashport or otherwise to such other financial institution(s) or partner(s) as we may deem appropriate to beheld for you.

3. Issuance and Activation of the Card

Sign-up process. You may apply for the Card via the Sunray website at [insert link] or the Sunray app (“App”) which is available on theApple App Store or Google Play Store. If you are a corporate customer, you will be required to provide us and our Partners with the details of your contact person, contact number, registered address and email address, as well as other company registration and ownership details relevant to your application. You will also need to provide us and our Partners with your consent to contact you through such email address and/or contact number toassist you with setting up and maintaining your Card Account. You also undertake to inform us and our Partners promptly when you nominate any supplementary account holder and grant any usage access to your Card Account.If you are an individual customer, you will provide us and our Partners withyour contact number, residential address, email address, as well as personalidentification details, and provide us and our Partners with your consent to contactyou through such email address and contact number to assist you with setting upand maintaining your account. For more information about customer duediligence, please refer to Clause 5.

Authority to use the Card Account. If you are a corporate customer, your nominated authorised person will be issued a master account (“Master Card Account[1]”). You may create configurations within the Master Card Account, create supplementary accounts and allocate balances and demarcate usage limits to one or more supplementary account holders. If you are an individual customer, you undertake and represent that you are the beneficial owner of the Card Account by agreeing to theseTerms and Conditions.

 Supplementary account holders. If you are a natural person nominated by a corporate customer to hold a supplementary account, you will provide us and our Partners with your contact number, residential address, email address as well as personal identification details[2], and provide us and ourPartners with your consent to contact you through such email address and contact number to assist you with setting up and maintaining your supplementary account. For more information about customer due diligence, please refer to Clause5.

 Your cooperation is required to set up your unique Card Account. A Card Account that’s unique toyour contact number will be set up for you. During this process, you will be asked to provide certain information necessary to complete the registration and authenticate your access to your Card Account. As setting up your Card Account is the first step before you’re able to use the Card and Partner Services, your cooperation is essential. In addition to the online sign-up process, you may additionally be contacted at your contact number and/or email address for the purposes of completing the account setup process.

 Authentication. You may be required to undergo multi-factor authentication each time before you access your CardAccount. To do this, you may be required to first submit a unique mobile number. Each access attempt will then be authenticated by sending a time-based one-time password (“OTP”) to that mobile number. This information will be used to ensure the security of your foregoing account login and transaction signing activities. You must not share this OTP with any other persons. We reserve the right to introduce new or different forms of authentication from time to time and this may be carried out without any prior notice.

4. Information and security

Securing your credentials. You must safeguard the Card and must ensure that the Card number, CVC, card expiry date and personal identification number (PIN) is not disclosed to any person. You are responsible for maintaining reasonable security and control of your Card and all IDs, passwords, PIN, and/or any other codes or devices that you may use to access the Card Account (“Credentials”).

You undertake to ensure that you:

·   will not reveal or disclose the password, PIN or any other security information given to us or our Partners; and

·   will only release the Card, Card number or PIN to make a transaction.

If the Card is lost or stolen or if you believe that the Card, card number or PIN may be misused, you must:

·   without undue delay, notify and give us and our Partners written notice thereof;

·   assist in the recovery thereof or stop the use of the Card;

·   stop using the Card, card number or PIN immediately; and

·   make a formal police report upon the occurrence of such an event, and furnish us and ourPartners with the police report and a written confirmation of such loss, theft or unauthorised disclosure and any other information we may require.

In the event that the Card is stolen or lost, you shall be liable for all transactions made on the Card, whether authorised or otherwise incurred on the Card, until our Partners and we have been notified by you of such loss, theft, or unauthorised transaction and the Card has been blocked.

If the Card has been used without your knowledge or permission, or is lost, stolen or if you believe that the Card may have beenmisused, our Partners and we may disclose to law enforcement agencies anyinformation we believe could be relevant.

5. Right to make changes to the Card orPartner Services

 Our Partners and we may change, suspend, or discontinue any aspect of the Card or Partner Services at any time without notice and without liability. This includes but is not limited to our hours of operation, access to certain Card features or functions and/orPartner Services (such as imposing limits on certain service features or restricting access to some or all of the Partner Services).

6. Security and customer due diligence

 In order to enable us to comply withanti-money laundering, anti-bribery, anti-corruption and counter terroristfinancing laws, guidelines and regulations and such other know-your-client andcompliance requirements of our Partners and affiliates, we’re required to carryout security and customer due diligence checks on you when you apply for a Card. You agree tocooperate with all requests made by us or any of our third party serviceproviders in relation to your Card and/or Card Account, to identify you,authenticate your identity, or validate your funding sources or transactions. Ifyou are a corporate customer, we will also require information about your business,directors, officers, shareholders, connected parties, authorised representatives/contactpersons, employees, customers and/or suppliers, all of whom may also be subjectto further verification where necessary.

You agree to authorise us and any relevant thirdparty service providers, to make any enquiries we consider necessary tovalidate your identity and physical presence. If you are a corporate customer,some examples include: asking for company registration details andcertificates, collecting proofs of identification of your connected parties,authorised persons, directors and owners, or requesting such other informationto help us to identify you. If you are a natural person, examples of enquiriesmay also include real-time photographs or video conferences. The due diligenceprocess may also involve some assistance on your part, such as taking steps toauthorise the sharing of government-issued identification information, or toconfirm ownership of the contact number or payment instruments linked to your CardAccount.

By accepting these Terms, you hereby agree andconsent that our Partners and we may run further checks on your identity,creditworthiness and other background information by contacting and consultingrelevant registries, credit bureaus and government authorities as we may selectin its sole discretion.

You undertake to:

·  promptly provide, on request, any additionalinformation and supporting documentation as may reasonably be required to ensureour Partners’ and our full compliance with all Know-Your-Client (KYC) requirements;and

·  promptly provide us and our Partnerswith written notice of any change to any KYC information and supportingdocumentation and evidence of any change.

You warrant to us and our Partners that all KYC informationprovided by you is correct, complete, authentic and up-to-date.

Our Partners and we may close, suspend, or limitaccess to your Card, Card Account and/or Partner Services if we’re unable toobtain or verify any of such information.

7. Accuracy of information

You’re responsible for providing us andour Partners with accurate information when using the Card, Card Account andPartner Services. This includes but is not limited to anyapplicable payment information you’re prompted to provide. Any payment request processedusing the information you’ve provided will be considered validly completed evenif you’ve made a mistake. You’re solely responsible for any losses that occuras a result of any inaccurate information you’ve provided.

8. Use of the Card 

Validity Period. Your Card shall bevalid for the period (“Validity Period”) stated on thecard and shall expire on the first day of the following month indicated on theface of the Card. You agree and understand that the Validity Period may not beextended.

Use of the physical Card. If you have applied for and/or areissued a physical Card, the Card shall be delivered to the address stated inyour application. Delivery to postal boxes shall not be accepted.Upon receiving your Card, you must:

• activate your Card in the App within the stipulated time frame; and
• sign the signature panel on the  back of the Card immediately and keep the Card safe.

Our Partners and we shall not be responsible/liableto you for any discrepancy between the signature appearing on the Card and thecorresponding sales slip or for any reason(s) the Card is not accepted during asales transaction. You acknowledge and agree that any discrepancy between thesignature appearing on the Card and the corresponding sales slip shall not byitself be a ground for disputing the validity of the sales transaction. 

If your Card is lost, stolen, damaged or defaced,you may apply for a replacement Card. A replacement and delivery fee may becharged for the application of a replacement Card. Our Partners and we may, in oursole and absolute discretion, issue a replacement Card or a new PIN upon suchterms and conditions as we deem fit. You may be required to comply with suchcard activation, security, and other procedures as may be prescribed by us orour Partners from time to time to re-enrol the replacement Card for use inrespect of any payment service. Any remaining stored value in the lost, stolen,damaged or defaced card shall only be transferred to the replacement Card. Forreplacement of damaged or defaced Cards, you may need to produce the damaged ordefaced card by sending it back to [insert mailing address]. Our Partners and we’re not responsiblefor any losses that occur as a result of your Card being lost or stolen. Formore information on your obligations when your Card is lost or stolen, pleaserefer to Clause 3.

For the avoidance of doubt, the Card remains theproperty of Cashport at all times.

Your use of the Card is subject tocertain obligations and limits. You must, at alltimes:

• keep your Card safe;
• always remember to take your Card back after using it (if applicable);
• not allow any other person to use your Card; and
• keep your Card number and details private to yourself only, and not to reveal to any unauthorised person.

Places where you may use your Card. The Card may be used to carry out Pointof Sale Transactions at point-of-sale terminals and at such other physicalreaders or systems as our Partners or we may approve from time-to-time. Asignature, PIN, or other authentication on your part may be required for eachPoint of Sale Transaction.

9. Acceptable usage policy

You agree that in respect of the Cardand Partner Services, you’ll:

• keep your device’s browser, operating systems and anti-virus software (where applicable) up-to-date inorder to ensure that your access to the Card Account is secure;
• only use an access point or  device which you are authorised to use to access the Card Account and any related Partner Services;

·      monitor the balance of your CardAccount and promptly report to us any unauthorised payments or transfers from your Card Account or of any suspicious matter to do with your Card Account;

·      take reasonable care and precautionsand have adequate internal-control procedures and security arrangements to prevent fraud, forgery or other unauthorised use of your Card, Card Account andPartner Services;

• ensure, prior to each transaction, that you have sufficient balance in your Card Account before each payment transaction, the transaction amount does not exceed the applicable Single Transaction Limit (see Clause 17), and the total charges incurred on the Card does not exceed the applicable Statutory Limit and/or Card Limit (see Clause 17);     and
• in the event of any unauthorised amount paid from or to your Card Account’s available balance, you agree to     provide us with all assistance to recover or rectify such issue.

You agree NOT to carry outthe following activities (“Restricted Activities”):

• impersonate other persons or  use false identities when registering for a Card and/or Card Account;
• use your Card and/or Card Account to facilitate criminal or illegal activities including but not limited to money laundering and predicate offences, terrorist financing and/or unlicensed money lending;
• allow other persons to operate, access and/or control your Card and/or Card Account;
• receive money from strangers[3], dubious sources, or other unverified sources (this includes but is not limited to facilitating top ups to your Card Account in such a manner);
• use the Card or Partner Services for any purpose for which it’s not designed for or intended, including purposes other than for the payment for goods and/or services or making donations to locally registered charities;
• infringe the copyright, patent, trademark, trade secret or other intellectual property rights or rights of publicity or privacy of Sunray and/or its affiliates or any other third party;
• act in a manner that’s defamatory, libelous, threatening or harassing;
• provide false, inaccurate or misleading information;
• use the Card or Partner Services to facilitate debt collection;
• instruct us or our Partners to process on your behalf any transactions, which is in our reasonable  opinion potentially fraudulent or illegal;
• control a Card and/or Card  Account that’s linked to another Card and/or Card Account which has  engaged or is likely to engage in any of these Restricted Activities;
• take any action that imposes an unreasonably or disproportionately large load, capacity, disruption or stress on our or our Partners’ infrastructure; facilitate the transmission and/or exposing our or our Partners’ infrastructure or Partner Services to the risk of 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 anonymising proxy; use any robot, spider, other automatic device, or manual process to monitor or copy the Sunray website and App without our prior written permission; or interfere or attempt to interfere with the Partner Services;
• take any action that may cause any system downtime to our or our Partners’ internet service providers, payment processors, or other suppliers;
• use the Card or Partner Services to make transactions for the primary purpose of earning rewards, perks, miles, points etc. with your credit card, debit card, or bank account (or help others to do so);
• use the Card or Partner  Services for any transactions for cash, including but not limited to cash back, cash from a bank, money orders, cash withdrawals from ATM facilities in Singapore and such other jurisdictions, where such transactions for  cash would contravene the laws of such jurisdictions;
• use the Card and/or Card Account for any payment of debts incurred from online gambling, wagering, betting or other unlawful activities;
• circumvent any of our or our Partners’ policies or determinations in respect of your Card and/or Card  Account, including but not limited to temporary or indefinite suspensions, limitations or restrictions, such as engaging in the following: attempt to register a new or additional Card and/or Card Account when a Card Account has a negative balance or has been restricted, suspended or otherwise limited; register a new or additional Card and/or Card Account using information that does not belong to you (e.g. name, address, email address, etc.); or use a Card and/or Card Account that does not belong to you;
• harass our or our Partners’ employees, agents or other users;
• breach the Terms, or any other agreement or policy that you may have agreed to with Sunray, our Partners, or third party service providers;
• violate any law, statute, ordinance, or regulation of any applicable jurisdictions;
• use the Card or Partner Services to purchase or sell, or to facilitate the purchase or sale of illegal goods or services;
• “Double-dip” during a dispute, chargeback, reversal or other investigation. “Double-dipping” refers to intentionally or knowingly receiving or attempting to receive funds from both Cashport and a merchant for the same transaction;
• use the Card or Partner Services in a manner that’s likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liabilities to Cashport and its affiliates, our Partners, Other Users, third parties or yourself;
• use your Card, Card Account and/or Partner Services in a manner that causes us or the relevant electronic funds transfer network to reasonably conclude that there’s an abuse of the card system or a violation of any applicable electronic payment network rules, card association or network rules or applicable law; or
• obstructing or refuse to cooperate in an investigation, or confirm your identity or any information you provide to us.

Freezing, closing, suspending orterminating your Card and/or Card Account. In the event that you’ve carriedout or attempted to carry out any of the Restricted Activities or transactionsthat we have determined at our sole discretion to not be permitted underthe Terms, our Partners and we may take action at our sole discretion, tofreeze, close, suspend or terminate your Card and/or Card Account.

Sanctions Laws. Our Partners and we are committed tocomplying with sanctions laws and regulations (as may be amended from time totime) passed by Singapore, the United Nations Security Council, the EuropeanUnion and the U.S. Department of the Treasury’s Office of Foreign AssetsControl as well as any applicable sanctions laws in the jurisdictions in whichwe operate (“Sanctions Laws”). Our customer acceptance policy isaligned with Sanctions Laws and our risk appetite. By using the Card, CardAccount and/or Partner Services, you represent and warrant that at all times,you’re not subject to Sanctions Laws and shall not use the Card, Card Account and/orPartner Services for the benefit of sanctioned individuals, entities, countriesor territories. Our Partners and we will not hesitate to take necessary action,including reporting, rejecting and/or blocking transactions, rejecting funds,closing accounts, terminating relationships that, at our sole discretion,appear to violate Sanctions Laws.

10. Card Account closure and refunds

Cancellation of Card and/or CardAccount. Cashport and/or our Partners may cancel, suspend orterminate your Card and/or Card Account at any time without having to give anyreason or notice to you. Without limiting the generality of the foregoing,Cashport and/or our Partners may at any time cancel any Card and/or CardAccount which has not been utilised for any transaction for more than 3 months.[Upon cancellation of your Card and/or Card Account, the remaining storedvalue less any amount owed to Cashport and/or our Partners will be refunded ormade available to you within (60) sixty days from the date of cancellation ofyour Card and/or Card Account.]

Unused stored value. You acknowledge andagree that upon expiry of your Card, you shall no longer be entitled to use anyremaining stored value in the Card Account. If you are an individual customerand wish to apply for a new Card or close your Card Account, you can emailto [insert contact email address]at any time[4].If you had been a supplementary account holder for a corporate customer, pleasenote that a new card or supplementary account cannot be issued directly to youand you should request for a nomination through the customer instead.[5]

Closing your Card Account. If you don’tfile for a refund within (30) thirty days from the expiry date of your Card,you shall be deemed to have forfeited your claim to the remaining stored valueand no longer be entitled to claim the remaining stored value, and we or our Partnersshall have the right to deal with the remaining stored value at our solediscretion.

Refund process. It is encouraged thatyou use up the stored value in your Card Account before closing your CardAccount. An administrative fee may be charged for each refund. All refunds mustfulfil the following conditions before it can be processed:

• a validly completed refund application form must be submitted; and
• an administrative fee can be deducted from the remaining stored value on your Card Account.

No refunds where your Card Account hasinsufficient stored value. Refunds will only be processed wherethe remaining stored value exceeds the refund processing administrative fee andother promotional credits (e.g. any referral bonus) previously offered to you.You’ll be notified of any unsuccessful refund if there’s insufficient storedvalue in your Card Account.

Receiving your refunds. The remaining storedvalue will be refunded or made available to you within (60) sixty days from thedate of receipt of your validly completed refund application form. If you don’tcollect or effect your refund within (50) fifty days from the date the refundis made available, you shall be deemed to have forfeited your claim to theremaining stored value and shall no longer be entitled to the remaining storedvalue, and our Partners or we shall have the right to deal with the remainingstored value at our sole discretion.

11.  Set off

Right to set-off. Our Partners and we mayin our absolute discretion at any time and without prior demand or notice combineor consolidate any and all account(s) maintained by you and/or set-off ortransfer any sum standing to the credit of any or all such account(s) in ortowards the discharge or payment of any and all sums due to us or our Partnerson any other account including the Card Account designated hereunder or underthis Terms and our Partners or we shall be entitled to exercise this rightnotwithstanding that the balance due to us or our Partners on any account isnot overdue and/or the use of the Card and/or the Card Account has not beenclosed or terminated.

Our Partners or we are entitled to apply any andall payments we receive from or for the Card Account in such manner and orderand to such transaction as it may determine or select regardless of anyspecific appropriation made by you or any person making such payment(s).

12.  Fees

The use of the Card, CardAccount and/or Partner Services may be subject to such fees (“Fees
“) as our Partners and/or we may charge from time to time. In addition, ourPartners and we may, at our option, charge you or debit your Card Account forservices or other out of pocket costs and expenses incurred by us in relationto the opening, maintenance and operation of your Card Account (includingprocessing fees for fund transfers from outside of Singapore to your CardAccount). For more information on theapplicable Fees, please refer to [insert weblink]. Our Partners and/or we reserve the right tochange the Fees at our sole discretion without prior notification to you.

You must pay all fees, charges (includingforeign-exchange commission or charges), costs, expenses and commissions inrelation to your Card, Card Account and Partner services at the rates whichapply at that time. All payments made shall be in full, without set-off orcounterclaim and free of any deductions or withholdings on account of any taxor otherwise. If you do not make payment of the Fees by the relevant due date,a late fee and interest on the overdue amount may be charged to you. Inaddition, our Partners and we will be entitled to suspend your use of the Card,Card Account or access to the Partner Services until the overdue amount is paidin full. If any amount owed to our Partners or us is outstanding, you agreethat such outstanding amount may be deducted from your Card Account.

In the event your payment instruction is declinedby us or our Partners, or your intended recipient or payment services provider,applicable foreign currency exchange rates, Fees or other charges may result inthe returned amount being less than the amount you initially attempted to send(“Deficit Amount”). You agree and acknowledge that our Partners and weshall not be liable to you for the Deficit Amount howsoever arising save wherethe Deficit Amount was a direct result of our gross negligence or fraud.

The Fees may be subject to revision without priornotice to you. Your continued use of the Card, Card Account and PartnerServices after any such revision constitutes your consent to the revised Fees. Notwithstandingthe Fees set out above, we may at our sole discretion decide to reduce or waivethe fees payable by you.

13.  Your Card Account balance 

Reported balances and available fundsare only approximate real time balances. While our Partnersand we endeavour to provide you with up-to-date information about your CardAccount balance as far as possible, balances and available funds reportedthrough the App or Sunray website (as may be applicable) are only approximatereal time balances, not the settled balances, and may not include pendingdebits and credits.

14.  Sending, spending or exchanging money

When you send, spend or exchange money,you acknowledge and agree that you’re authorising us or our Partners, as may beapplicable, to execute each relevant transaction. Unlessotherwise expressly provided, all instructions shall continue in full force andeffect until cancelled or superseded. Instructions may be reversed, amended,cancelled or revoked by you only with our Partners’ and/or our consent. An instructionmay not be reversed, amended, cancelled or revoked if our Partners and/or wereasonably determine that it would not be possible to give effect to anyreversal, amendment or revocation.

15.  Receipts

A digital record for all transactionsis accessible through the App. A physical receipt or any otherwritten confirmation in respect of your transactions will not be provided.However if required, you may request for a separate periodic statement of yourusage of the Card and/or Card Account at any time by emailing [insert contact email address].  It is also recommended that you request for acopy of the receipt from each relevant merchant you’ve transacted with.

16.  Pre-authorisation

A pre-authorisationis a temporary hold placed by a merchant on your Card, and reserves funds for afuture payment transaction. Suchtransactions are commonly carried out by hotels and car rental companies. OurPartners and we may debit or place a hold on the balance on the Card and/or CardAccount for the amount of a transaction either on the day it is presented to usor our Partners for payment (including without limitation, a presentation byelectronic means) or on the day that we receive notice of the transaction. Suchan amount set aside or held is only an estimated sum of the actual transactionand may not be identical to the actual transaction. Our Partners and we are notable to release such sum without the merchant’s authorisation.

Our Partners and we shall have absolute discretion to place such amountsas are referred to in this Clause 15 on hold for such periods as it is deemed fit. Upon the expiry of suchperiods as it may be determined, our Partners and/or we shall debit suchamounts on hold to the Card Account if the transactions in connection of whichthe amounts were placed on hold were presented to us and/or our Partners forpayment, and we shall credit such amounts placed on hold back to the CardAccount if the transactions in connection of which the amounts were placed onhold were not presented to us or our Partners for payment, provided always thatour Partners and we shall have the discretion to continue to place such amountson hold if we are of the opinion that such transactions would be presented forpayment within a reasonable time. For the avoidance of doubt, our Partners’ andour right to debit the Card Account in respect of any transaction shall not belimited to the amount that was placed on hold in connection with thattransaction. You agree that our Partners and we shall be entitled to debit the CardAccount for the full amount of the transaction.

You may not stop payment on a transaction or use any amount placed onhold. For the avoidance of doubt, the amount placed on hold in respect of anytransaction shall not be treated as conclusive of the amount of the transactionthat would eventually be debited to the Card Account and in particular, fortransactions denominated in a foreign currency, it shall not be deemed that ourPartners or we have converted the transaction into the relevant Card Account currencyon the day that the amount was placed on hold.

Where the amount of any transaction is denominated in a foreign currency,our Partners and we may decide in our sole discretion whether to hold thatamount in that foreign currency or another currency in your Card Account. It ishereby further agreed that our Partners and we shall have the right to increaseat any time the amount that it would hold in respect of any transaction whichis denominated in a foreign currency if our Partners or we are of the view thatthe amount initially held when converted into that foreign currency would notbe sufficient to satisfy payment of that transaction in full.

In some situations, the amount placed on hold mayalso include an additional 20% to cover taxes and service charge.

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17.  Termination and suspension of your Cardand/or Card Account

Our Partners and we may freeze, terminate, restrictor suspend your Card and/or Card Account at any time without having to give anyreason or notice to you. Without prejudice to the generality of the foregoing, ourPartners and we may freeze, terminate, restrict or suspend your Card and/orCard Account without notice in any of the following circumstances:

·     your activities and/or use of the Cardand/or Card Account are suspected to be involved in anyfraudulent activity, money laundering, terrorism financing or other criminaland/or illegal activity;

·      your activities and/or use of the Cardand/or Card Account are suspected to be in breach of this Terms or any law, regulation, guideline, notice,judgment or order of any court or authority;

·      if any information, certificate ordocument you provide to us is not true, accurate and complete in any respect;

·      in order for us or our Partners tocomply with applicable law, regulation, guideline, notice, judgment or order ofany court or authority or any undertaking or agreement to which our Partners orwe are party or subject to; and/or

·      if you are a corporate customer, wefind out about a continuing or potential dispute or any allegation of fraud orwrongdoing in your organisation or your management team or between yourdirectors, shareholders, authorised signatories or your partners; and/or wereceive instructions from your representatives or any of your directors orpartners (whether or not the director or partner is an authorisedrepresentative or user) which contradict your instructions

Where we are allowed under relevant laws and regulations, we will tell you we haveterminated, froze, suspended or restricted your Card and/or Card Account assoon as we can.

Our Partners and we also have the right to suspend,or later reverse, the processing of any payment transaction if we suspect thatthe payment transaction involves any fraudulent activity, money laundering,terrorism financing or other criminal and/or illegal activity or if we suspectyou to be in breach of the Terms. In such an event, you agree that youshall not hold us or our Partners liable for any withholding of, delay in,suspension of or cancellation of, any payment by or to you. Under no circumstances is our Partners and/or we liable for anyloss, damage, expense, cost, claim or proceeding, whether direct, indirect orconsequential, which you or any other person may suffer or face due to usexercising any of our rights in this Clause 17.

You may terminate your Card and Card Account at anytime by giving us Instructions to do so.

Upon the termination of your Card and Card Account,any accrued liabilities and all obligations under this Terms will remaincontinuing and we shall remain entitled to debit from your Card Account anyamount outstanding and owing to us, including any overdrawn amounts (if any),costs, expenses, fees, commission, charges and payments owing from transactionscarried out before the termination of your Card Account, and any other chargesyou owe on the Card Account.

The rights conferred on us and our Partners underthis Clause 10 shall survive termination.

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18.  Transactions 

Maximumholdings. If you are a personal payment account holder as defined under the PSAct, the maximum amount that can be held in your Card Accountat any point in time is S$5,000 (or such equivalent aggregate amount in foreigncurrencies).[LY1] [LY2] [EP3] 

You’re responsible for all transactionseffected with your Card and/or Card Account regardless of whether such activityis actually carried out or authorised by you. Our Partnersand we shall be entitled to treat all use of or access to the Card, CardAccount and Partner Services, and any information, data, instructions orcommunications issued with your Card Account, as having been transmitted andvalidly issued by you, and you shall be bound by all such use and/or access. Ifyou are a corporate customer, your responsibility extends across the main CardAccount and supplementary accounts registered under you.

Your intended merchant or recipient hasthe right to choose to accept or decline any payment method. In the event amerchant or recipient does not accept the Card as a valid payment method, ourPartners and we shall not be liable for any losses incurred by you associatedwith the merchant or recipient’s refusal to accept such payment. Any unclaimed,refunded or declined sums will be returned to you through the original paymentmethod within 30 days of the date you initiated payment.

Refunds and chargebacks. If you wish toreceive a refund after conducting a transaction with a merchant via the Card (“Refund”),you should approach the merchant directly with the request. If the merchant inits discretion decides to process the request for a Refund, your Card Accountwill be credited with the Refund after our Partners or we have received therelevant amount from the merchant. Neither our Partners nor we shall be obligedto investigate or defend the validity and/or value of any Refund.

If you wish to receive a refund from a merchant inrespect of a disputed transaction ("Chargeback"), pleasecontact the customer support team at [insert contact email address] immediately with thesupporting documents relating to the transaction. If the dispute is resolved inyour favour, your Card Account will be credited with the Chargeback after ourPartners or we have received the Chargeback. For the avoidance of doubt, anydecision regarding the validity and value of any Chargeback will be made byVisa in its sole discretion and you acknowledge and agree that any such decisionis valid and binding. Neither our Partners nor we shall be obliged toinvestigate or defend the validity and/or value of any Chargeback.

You acknowledge and agree that the amount of anyRefund or Chargeback received pursuant to any transaction made under the Cardmay be different to the amount originally processed on the Card due to exchangerate fluctuations, transaction fees, or the amount received with respect to anyRefund or Chargeback being a partial refund of the original amount. Youacknowledge and agree that our Partners or we will not be responsible for anysuch shortfall.

Card and Transaction Limits. If you area personal payment account holder as defined under the PS Act, the total value of payment transactionsmade using your Card Account in any period of one year may not exceed S$30,000(or such equivalent aggregate amount in foreign currencies) (“StatutoryLimit”).  [LY4] [EP5] Our Partners and we may also set anoverall spend limit with respect to the Card ("Card Limit”) and mayvary the Card Limit from time to time without notice to you. You acknowledgethat such limits may be imposed due to services, features and/orfunctionalities provided by our Partners and/or us and agree to abide by andare responsible for ensuring the user of such services, features and/orfunctionalities abide by the relevant terms and conditions that may beapplicable.

For each transaction, our Partners and we may also seta transaction amount limit on the Card and/or Card Account (“SingleTransaction Limit”) and may vary the Single Transaction Limit from time totime without notice to you.

You may carry out a Card transaction only if thereis sufficient balance in your Card Account, the transaction amount does notexceed the applicable Single Transaction Limit, and the total charges incurredon the Card does not exceed the applicable Statutory Limit and Card Limit. Youshall not carry out or attempt to carry out any transaction that would resultin any such limits being exceeded. If a transaction has been processed despitethere being insufficient available balance in your Card Account, you shall beliable to our Partners and us for the shortfall and any other party forrecovering or attempting to recover such shortfall.

Notwithstanding any applicable CardLimit and/or any applicable Single Transaction Limit, our Partners and we mayin our sole and absolute discretion approve, authorise or allow any transactionto be carried out even if such transaction would result in your Card Accountbeing overdrawn and/or the Card Limit being exceeded and/or the SingleTransaction Limit being exceeded. However, our Partners and we may charge anddebit from your Card Account, an overdraft fee (see Clause 11) based on the amount of the overdrawnbalance existing at any time on the Card Account, and you shall pay us or ourPartners such overdrawn amount and fee on demand.

Our Partners and we have the sole discretion todetermine whether the Statutory Limit, Card Limit and/or Single TransactionLimit has been exceeded, and any such decision shall be conclusive and bindingon you. In calculating whether any Statutory Limit or Card Limit has beenexceeded, our Partners and we may take into account the amount of anytransaction not yet debited to the Card and of any authorisation given by you and/orus to a third party in respect of a prospective transaction.

Transaction notifications. As part of ourefforts to help secure your Card and/or Card Account, you acknowledge and agreethat notifications may be provided to you once every 24 hours for certaintransactions performed with your Card and/or Card Account. Please contact thecustomer support team at [insertcontact email address] immediately if any of such notified transactionswere not conducted by you. If you have any specific transaction notificationpreferences, you should notify the customer support team through [insert contact email address].

Liability for losses. You shall beliable for all losses incurred as a result of unauthorised transactions if:

• you’ve acted fraudulently;
• you’ve intentionally, negligently or recklessly compromised the security of your Card and/or Card Account;
• you’ve compromised the security of your Card Account by disclosing your Credentials to another person; or
• you have breached our acceptable use policy at Clause 8 and committed any of the Restricted Activities.

Erroneous transactions. As an Card Accountholder, you shall be responsible for notifying the customer support team whenyou or, as the case may be, your supplementary Card Account holder has placedmoney with or transferred money to the wrong recipient. If you are anindividual customer or sole proprietorship, our Partners or we will attempt tonotify the recipient’s financial institution of the erroneous transaction forpurposes of recovering the sum sent in error. Conversely, if you have receivedsums of money from erroneous transactions, our Partners or we will upon receiptof the necessary information inform you that you have received such a sum inerror and advise you of the relevant procedures to return such funds to therecipient. You shall acknowledge that retention or use of sums sent in error isan offence under the Penal Code in Singapore and that you will be responsiblefor returning such sums.

Right to refuse or approve any proposedtransaction. You agree that our Partners and we are entitled,at any time in our sole and absolute discretion, and without giving any priornotice or reason, to refuse to approve any proposed transaction, notwithstandingthat the applicable Statutory Limit, Card Limit and/or Single Transaction Limitwould not be exceeded or the balance in the Card Account would not be negative.

Transaction Screening. You agree andaccept that our Partners and we may take such steps and require suchinformation from you as it is deemed necessary to:

·      verify and authorise the source offunds in your Card Account or to be credited to your Card Account;

·      verify and authorise the identity andlocation of the recipient of the funds to be debited from your Card Account;and/or

·      verify the purpose of any other transactionrelating to your Card Account,

in each case when you operate or attempt to operateyour Card Account and when you use any of the Partner Services.

Any transaction screening and verification checkthat is performed may increase the time it takes to process your instruction.You agree and accept that our Partners and we shall not be responsible orliable to you or any party for any losses, claims, damages, fees, costs,expenses or delays that may arise in connection with any such transactionscreenings and verification checks.

19.  Availability of funds

If payment into your Card Account is made by anymethod which needs clearing and settlement, or through domestic orinternational transfer of funds, our Partners or we do not have to credit your CardAccount before we or the relevant Partner actually receive the funds. You shallnot have any right to or interest in any incoming funds into your Card Accountuntil we or the relevant Partner receive them in cleared funds.

If our Partners or we credit your Card Account incontemplation of receiving funds for your credit and those funds are notactually received by us or the relevant Partner, or on the faith of atransaction which is subsequently set aside or revoked, or if we or therelevant Partner does not receive funds for your credit for value on the dateadvised by or on your behalf, our Partners and/or we shall be entitled to debityour Card Account with the amount previously credited together with any othercharges and fees as our Partners and/or we may impose.

Our Partners and we reserve the right not toaccept, and to return without interest to the remitter of funds, the amountsreceived for transfer to you, if the aggregate amount of such funds exceeds anystatutorily allowed amounts or to comply with such laws, regulations, orders orguidelines issued by any Authority.

Our Partners and we may accept an instruction totransfer funds between your Card Account and any other account belonging to youor any other person which is maintained with another entity if we have thenecessary arrangements in place. Our Partners and we will try to process yourrequest to transfer funds on the day we receive your instruction or as soon aswe can on the next business day in Singapore. You are responsible for makingsure you give our Partners and us the correct information (including details ofthe person you want to transfer the funds to) so that the transfer issuccessful. Our Partners and we do not have to check any information you giveus in your instruction. Our Partners and we may set limits on transferringfunds (for example, on the amount to be transferred or on how often you use theservice).

You agree to the following:

·      You must keep enough funds in your CardAccount to cover all payments and transfers and make sure these funds arereadily available. If payments cannot be made from your Card Account becausethere are not enough funds in the Card Account, a fee may be charged for theunsuccessful payment. If your Card Account does not have enough funds and ourPartners and/or we decide to allow a payment from your Card Account or for yourCard Account to go overdrawn, you must pay all overdrawn amounts immediately,together with any interest and any other charges at our then current rates.

·      Our Partners and/or we may not allowyou to transfer funds from your Card Account, and may not carry out any instruction,transaction or any matter relating to your Card Account if:

o   the transaction causes you to go overthe available balance of your Card Account;

o   your identity, or that of yourrepresentatives’ cannot be confirmed to our satisfaction;

o   it is believed the instruction is notgenuine, clear or complete;

o   funds in your Card Account have beenearmarked (set aside) for any reason, resulting in there being not enough fundsto meet your instruction; or

o   your Card Account is closed orsuspended; or

o   our Partners or we have to keep to anyregulatory, legal, court or statutory requirement, request or order thatprohibits or prevents the transfer.

20.  Our discretion

Our Partners and we are entitled, in our sole andabsolute discretion, without prior notice and without giving any reason, to:

·      suspend your right to use the Cardand/or Card Account entirely or in respect of specific transactions; and/or

·      refuse to re-issue, renew or replacethe Card, without, in any case, affecting your obligations under this Termswhich will continue in force and there will be no refund of any fees paid ifthe right to use the Card is so suspended by our Partners or us, or if the Cardis not so renewed or replaced.

Our Partners and we may, in our absolutediscretion, request for the Card to be returned at any time, whereupon you shallcease all use of the Card and, in the case of a physical card, cut up andreturn the Card to us.

Our Partners and we reserve the right to terminate,suspend or restrict the Card, Card Account and/or PIN without any reason ornotice. Without prejudice to the foregoing, our Partners and we may terminate,suspend or restrict the Card, Card Account and/or PIN on grounds relating (butnot limited) to any of the following:

·      the security of the Card and/or CardAccount;

·      the suspected unauthorized orfraudulent use of the Card, Card Account or PIN; and/or

·      to ensure that our Partners and we, orany of our affiliates are in compliance with all applicable laws andregulations or any judgment or order of any court or authority.  

Without prejudice to the other provisions of this Terms,our Partners and we reserve the right, at any time, in our sole discretion andwithout prior notice and without giving reasons, to introduce, amend, vary,restrict or withdraw all or any of the benefits, services, facilities andprivileges in respect of or in connection with the use of the Card, CardAccount and/or this Terms.

21.  Exchange rates

Foreign Currency Transactions. Apart from Singaporedollar transactions, the Card can also be used for transactions in otherforeign currencies (“Foreign Currency Transaction”). Ifyou make a Foreign Currency Transaction, such transaction will either besettled in the relevant foreign currency first, or such other Singapore dollar and/orforeign currency balances as may be available in your Card Account. If such atransaction is settled using Singapore dollar and/or other foreign currencybalances, the applicable sums from such balances will be exchanged to therelevant foreign currency at the rate of exchange applicable at the relevanttime of the transaction. For the avoidance of doubt, our Partners and we maydecide at our sole discretion the priority of Singapore dollar and/or otherforeign currency that will be exchanged for each such Foreign Currency Transaction.Please note that exchange rates may vary from time to time and a fee may becharged for any Foreign Currency Transaction (see Clause 11). You may refer tothe App for the latest exchange rates. You agree, acknowledge and accept allrisks and charges involved in making such Foreign Currency Transactions,whether arising from differing currency conversion rates and practices, orotherwise from market fluctuations.

22.  Interest

No interest will accrue or be payable to you inrespect of the amounts standing to the credit of your Card Account.

23.  Liabilities after Card Account has beenclosed

You may be liable for any obligations [7]related to your CardAccount even after it has been closed.

24.  Limitation of liability 

Our Partners and we shall not be responsible orliable in any way for any inconvenience, loss, damage, cost or expense of anynature or embarrassment or injury suffered or incurred by you, in each casewhether foreseeable or not, resulting from, arising out of or in connectionwith any of the following:

·       any act, omissions or delay of any affiliate or any other third party

·      if any merchant, establishment, or anyother person refuses to accept or honour (or delays in accepting or honouring)the Card, card number or PIN for any reason;

·      any refusal or delay by us or ourPartners to authorise, process, facilitate or approve any transaction;

·      if you are deprived of the use of anygoods, services, machinery, equipment, products and/or systems (whetherelectronic, telecommunicative or otherwise) as a consequence of any action,omission or delay by us, our Partners, any merchant, establishment or any otherparty;

·      our Partners or we are unable toperform our obligations under this Terms due, directly or indirectly, to thefailure, defect or malfunction of any machine, system of authorisation, dataprocessing or communication system or transmission link or any industrialdispute, war, act of god, fire, flood, civil or labour disturbance, terrorism,pandemic, act of any governmental authority or any other act or threat of anyauthority (de jure or de facto), fraud or forgery (other than on the part of usor our Partners), legal constraint, or anything outside the control of us, ourPartners, our servants or our agents;

·      any damage to or loss of or inabilityto retrieve any data or information that may be stored in any microchip orcircuit howsoever caused or any failure in the performance or function orbreakdown or disruption of any of the our Partners’ or our computers (whetherhardware or software), machinery, equipment, products and/or systems (whetherelectronic, telecommunicative or otherwise) maintained by, used for, by us orour Partners or in connection with our Partners’ or our business or otherwisewhatsoever, including but not limited to the failure or inability of suchcomputers, machinery, equipment, products and systems or any one or more ofthem to accept, recognise, store, process and/or transmit dates or data withrespect to dates;

·      the unauthorised use of the Card and/orCard Account or any services or facilities in connection therewith, or anytransaction effected by an unauthorised person; and

·       you failing to keep to this Terms and Conditions or in any way beinginvolved in fraud, forgery or other unauthorised use of your Account.

You acknowledge and accept that any limitation orimpairment in your ability to use, access and operate the Card and/or Card Accountmay be due to factors outside the control of us and our Partners. This includesacts of third parties who are not acting on behalf of us and/or our Partners,technical conditions of the internet that cannot be influenced by us and/or ourPartners, and force majeure events. The hardware, software and any othertechnical infrastructure that you use can also influence your ability to use,access and operate the Card and/or Card Account. You acknowledge and acceptthat your usage of any such hardware, software and any other technicalinfrastructure shall be at your own risk.

Without prejudice to the other provisions of this Clause24, our Partners and weare not liable in any way to you for any loss, damage, cost or expense of anynature arising out of or in connection with the use of the Card, Card Accountand/or this Terms except where (and only to the extent that) it has beenconclusively established in the courts of Singapore that the aforesaid hasoccurred solely owing to gross negligence or wilful default on our Partners’ orour part.

Our Partners’ and our liability for any losses ordamages that you may incur arising from the use of the Card and/or Card Accountas a result of our breach or non-performance of our obligations under the Termsshall not exceed the stored value balance in your Card Account or the actualdirect losses or damages, whichever is lower. Notwithstanding anyprovision of this Terms and Conditions to the contrary, our Partners and weshall not in any event be liable under any circumstances for any special,indirect, punitive or consequential loss or damages of any kind whatsoever(including but not limited to lost profits, business, goodwill, reputation oropportunity), in each howsoever caused or arising and whether arising directlyor indirectly and whether or not foreseeable, even if our Partners and/or weare actually aware of or has been advised of the likelihood of such loss ordamage and regardless of whether the claim for such loss or damage is made innegligence, for breach of contract, breach of trust or otherwise.

The provisions of this Clause 24 shall survive the termination or expiry of this Terms and Conditions.

25.  Governing law & jurisdiction 

The construction, validity and performance of theTerms shall be governed by and construed in accordance with Singapore law andany claim or dispute arising out of or in relation to the Terms shall besubject to the non-exclusive jurisdiction of the Singapore courts.

26.  Internet delays 

The Card or Partner Services may besubject to limitations, delays and other issues associated with using theinternet and electronic communications. This includes butis not limited to the device used by you or third party service providers beingfaulty, not connected, out of range, switched off or malfunctions. Our Partnerand we’re not liable for any delays, delivery failures, damages or losses thatoccur as a result of these issues.

27.  Communications and updates

We may notify you directly about newupdates and communications through the App or the Sunray website. However, it’s yourresponsibility to stay up to date by visiting the App or the Sunray websitepersonally from time to time. You’re also responsible for reviewing anynotices sent to you and your transaction history, and to promptly report anyquestions, apparent errors, or unauthorised transactions. Failure to contact thecustomer support team in a timely manner may result in the loss of funds or forfeitof important rights. In addition, forced updates may be implemented on the Appat any time.

Our Partners and we shall be entitled (but notobliged), at our sole discretion, to rely and act on any communication,requests or instructions which we believe originate from you (whether orally orin writing (including by email) and whether in person or over the telephone orby facsimile or other means of telecommunication and whether genuine or with orwithout the your consent or authority), and any action taken by us or ourPartners pursuant thereto shall be binding.

Our Partners and we shall not be liable for anyloss incurred in connection with it acting on or acceding to (or its refusal toact on) any instruction, communication or request from (or purportedly from) you,and you will indemnify us and our Partners against any and all losses, claimsand costs incurred by us or our Partners arising out of or in connection withany request, communication or instruction from (or purportedly from) you.

Our Partners and we shall not be under any duty toverify the identity of any person communicating purportedly as or on behalf of you.

Our Partners and we may serve any writ of summons,statement of claim, statutory demand, bankruptcy application or other legalprocess or document in respect of any action or proceedings under this Termsrequired by any relevant law, including without limitation, the rules of courtor other statutory provisions, to be served on you by personal service, byleaving the same at, and/or sending the same by ordinary post, to the lastknown address (whether within or outside Singapore and whether such address isa post office box or is a place of residence or business) as may be provided ordisclosed to us or our Partners or our solicitors. To the fullest extentpermitted by law, you agree that such legal process or document is deemed tohave been duly served on you even if it is returned undelivered: (a) on thedate of delivery, if sent by hand and/or left at the last known address; or (b)on the date immediately following the date of posting, if sent by post. Youfurther agree that service of such legal process is deemed to be good andeffective service of such legal process on you and nothing in this Terms shallaffect our Partners’ and our right to serve legal process in any other mannerpermitted by law.

28.  Complaints and customer support

Enquiries regarding paymenttransactions. If you discover any errors orunauthorised transactions, please contact the customer support team immediatelythrough the in-App message support system or via [insert contact email address]. You may alsoinitiate a block on your Card through the App at any time.

Transaction disputes or requests forchargeback. Any transaction disputes or requestsfor chargeback shall be raised through the prescribed Cardholder TransactionDispute & Chargeback Form which can be accessed at: [insert link].

Card Account security concerns. If you encounter anysecurity issues with your Card Account or suspect that your Card and/or CardAccount has been fraudulently used or accessed, please contact the customersupport team immediately through the in-App message support system or via [insert contact email address]. Youmay also initiate a block on your Card or Card Account through the App at anytime.

Resolution timeline. While our Partnersand we endeavour to resolve transaction disputes within 5 working days, youshall further acknowledge that some case investigations may be complex innature and result in delayed resolutions. An SMS and email notification will besent to you if delays to resolutions are to be expected.

29.  Consent to disclosure of information

Collection in accordance withrelevant data protection laws. We are committed toprotecting our stakeholders’ and customers’ personal data in accordance withthe Personal Data Protection Act 2012 of Singapore and other applicable dataprotection laws. We will use, collect and disclose personalinformation in accordance with our data privacy policy and prevailing practiceswhich can be found at: [insertlink] as may be amended, supplemented and/or substituted from time totime. You give us consent, and authorise us, to in our absolute discretion, atany time and without notice or liability, disclose any particulars of and/orotherwise relating to you, the Card and/or the Card Account to:

·      any person or organisation providing(or participating in the provision of) electronic or other services inconnection with payments and/or banking services, usage, or benefits madeavailable to or utilised by you, whether in Singapore or outside Singapore, forthe purpose of offering or operating the said services, including but notlimited to, investigating discrepancies, errors or claims;

·      any merchant or establishment whichaccepts the Card;

·      Sunray and/or any partnering merchant,intermediary or third party which has a legitimate business purpose forobtaining such information, including offering you products or services inconnection with the Card, Card Account and/or any transaction, and/or otherwiseto facilitate the use of the Card Account and/or the Card;

·      Visa or any otherglobal or local network or association that we and/or our Partners may workwith from time to time to enable the use of the Card;

·      any payment processor, financialinstitution, intermediary or other party in any jurisdiction involved infacilitating, effecting or processing transactions on the Card and/or CardAccount;

·      any party or intermediary in anyjurisdiction involved in facilitating, processing or providing any service orfacility in connection with the Card, Card Account, and/or any Cardtransaction;

·      any person or organisation for thepurpose of enabling or facilitating the book-keeping and accounting integrationservices available on the Platform including but not limited to book-keepingand accounting services providers and information management servicesproviders;

·      any of Cashport's and its Partners’related corporations including Cashport’s and its Partners’ holding company,subsidiaries and affiliates (the “Group”), as well as their respectiveagents, correspondents, independent contractors and/or associates, for thepurposes of risk management, regulatory compliance and reporting, customerscreening relating to sanctions, anti-money laundering and countering thefinancing of terrorism compliance processes, monitoring credit exposures acrossthe group and cross-selling;

·      any bank, credit or charge card companyor merchants, for the purpose of any credit or other enquiry in connection withthe Card, Card Account and/or any Card transaction;

·      any person or organisation engaged forthe purpose of performance of our Partners’ and our services or operationalfunctions where these have been outsourced;

·      any agent appointed by us or ourPartners for the purpose of making, printing, mailing, storing, microfilmingand/or filing any personalised statement of accounts, card, label, mailer or anyother document or item on which your name and/or other particulars appear, orany data, record or document, and/or otherwise to provide a service to you;

·      any information garnering or processingorganisation or consultant or entity conducting surveys or analysis or researchor developing system applications for Cashport or any other member of theGroup;

·      any person or organisation for thepurpose of marketing or promoting any service or product of us or our Partnersor jointly offered or developed by us or our Partners;

·      the police, law enforcement agency orany public officer conducting an investigation into any matter relating to the Card,Card Account, or any Group member in any jurisdiction;

·      any government agency, authority,tribunal or court of any jurisdiction (or equivalent), in compliance with theorder, notice or request of such agency, authority, tribunal or court, and/orapplicable laws and regulations, and/or for commencing, defending or otherwiseparticipating in any legal or administrative proceedings or inquiry before anycourt, tribunal or other agency or authority;

·      any person for the purpose ofcollecting or recovering on our Partners’ or our behalf any sums of money owingto us or our Partners by you;

·      any credit bureau of which our Partnersor we are a member or subscriber or credit reference agents;

·      auditors and professional advisorsincluding lawyers, insurers and receivers appointed by any member of the Group;

·      any person authorised to operate the CardAccount or any guarantor or security provider of the Card Account;

·      any rating agency, business alliancepartner, insurance company, insurer, insurance broker or direct or indirectprovider of credit protection;

·      any person or organisation who, in thecourse of the sending and delivering of communication materials (including allforms of direct mailers and advertisements) from us or our Partners to you orthe prior preparation, sees any envelope or communication material sent by usor our Partners to you, which bears our Partners’ or our name and/or logo;

·      any person or organisation to clarifyor correct any wrongful or erroneous belief, representation or allegation toany third party, whether made by you, both in public and in private, regardingany of our Partners’ or our dealings with you or otherwise in relation to ourPartners’ or our products, processes or policies, regardless of the form ofmedia or platform which may include but is not limited to, published articles,posts, complaints or petitions; and/or

·      any other person we or our Partnersconsider it in our interest to make such disclosure, (and each of the foregoingpersons similarly may disclose to us or our Partners and to each other) fullparticulars of the Card, Card Account, the transaction records and statements,and any other information in relation to you, the Card and/or the Card Account wheresuch disclosure is required by law or where our Partners or we deem appropriate,necessary or desirable in connection with its provision of its services and theenforcement of any rights and/or performance of any obligation in respect of orin connection with the Card, Card Account and/or this Terms or whenever ourPartners or we consider it in its interest to make such disclosure.

Without prejudice to the foregoing, you agree thatall personal data provided for the Card and/or Card Account, and informationand details of the Card Account which may be issued and transactions madethereunder may be shared by us with our Partners to enable our Partners and theiragents, intermediaries and authorised service providers to collect, use anddisclose your personal data to any person that our Partners deem appropriate ornecessary for the purposes of: (i) processing the Card and/or Card Account applicationand providing services associated with the Card and/or Card Account; (ii)offering, marketing or promoting any promotion or offer relating to the Cardand/or Card Account; (iii) administering any benefit, privilege and termapplicable to the Card and/or Card Account; (iv) offering, marketing orpromoting any product and/or service; and (v) conducting research or analysisrelating to any product and/or service, whether conducted by our Partners orjointly with any other party. You acknowledge and agree that our Partners andwe will be separately collecting, using and disclosing personal data and eachparty shall only be responsible for its own collection, use or disclosure of personaldata, and shall not be liable for the other party's handling or use thereof. Youagree to directly address any queries, access or correction requests, orcomplaints in relation to the handling of the personal data to the relevantparty.

You can ask us or our Partners what personal data wehold about you and, where applicable, you can ask us or our Partners to correctit if it is inaccurate or incomplete. Our Partners and we will need to verify youridentity before the request may be processed.

To submit a question or request regarding yourpersonal data, you may contact us at 15 Playfair Road, Level 2, FGA@Playfair,Singapore 367987 (Attention: Data Protection Officer) or via email at [insert link]. We willrespond to the question or request as soon reasonably possible within 30 daysafter receipt.

Following termination or deactivation of the Cardand/or Card Account, our Partners and we may retain personal data and contentfor backup, archival, audit, disaster recovery, or otherwise in accordance withapplicable law, regulations, guidelines and directives (for example,regulations relating to the prevention of money laundering and countering thefinancing of terrorism).

30.  Representations, warranties andundertakings

By applying for and using the Card and/or CardAccount, you represent, warrant and undertake that:you have all necessaryrights, authority and capacity to accept and agree to this Terms and to use andaccess the Card and/or Card Account as well as any Partner Services.

31.  Updating your contact information

It’s your responsibility to keep yourcontact information up-to-date. You must promptlytell our Partners and/or us in writing about any change in your postal address,phone number, fax number or email address that our Partners and/or we may useto communicate with you, or any relevant change to any of your information wehave in our records. You must also send us any documents we need to supportthis change. We will need at least seven (7) business days from receiving thisinformation to change our records, after which the updated change will apply. Ifyou’re unable to receive electronic communications because your mobile numberor email address on our file is incorrect, out of date, blocked by your serviceprovider, or for any other reason, we shall be deemed to have provided therelevant communication to you, and shall not be liable for any damages orlosses incurred as a result.

If your contact number or email addressbecomes invalid, our Partners or we may at their sole discretion designate yourCard Account as inactive.  In such cases, you won’t beable to use your Card Account until we receive a valid, working contact numberor email address from you.

32.  Waiver 

No forbearance or failure or delay by us inexercising any right, power or remedy is to be deemed to be a waiver or partialwaiver thereof on the part of us; and no waiver by us of any breach of this Termson your part is to be considered as a waiver of any subsequent breach of thesame or any other provision of this Terms.

33.  Third party rights 

Other than Sunray, a person who is not a party tothe Terms has no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any of the Terms.

34.  Amending the Terms

We may amend any part of the Terms, or our policiesrelating to the Card or Partner Services, at any time, by posting the amendedversions on the Sunray website at [insertlink]. We may elect, at our sole discretion, to provide notice of suchamendments to you through email or otherwise, but you shall remain responsiblefor checking for amended Terms and policies regularly. If you don’t agree toany amended Terms or policies, you should initiate closure of your Card Account.Your continued use of the Card and/or Partner Services shall be deemed to beyour acceptance to the amended Terms.  

35.  Tax

Each party will be responsible, as required underapplicable law, for identifying and paying all taxes and other governmentalfees and charges (and any penalties, interest, and other additions thereto)that are imposed on that party upon or with respect to the transactions andpayments under this Terms.

Should our Partners or we, or any of our affiliatesbe required to file tax-related documents with any regulatory authorities, you shallprovide to the relevant entity in a reasonably timely manner any requireddocuments (where applicable) in support of such filing upon request.

You are liable to pay for all goods and servicestaxes, value added taxes, all other taxes imposed or payable in respect of anyamount charged to the Card (including late payments) and our Partners and weare entitled to charge all such amounts to the Card Account.

36.  Problems with goods and services

Our Partners and we do not act as an agent for anymerchant of the goods and/or services purchased using the Card. You agree that ourPartners and we are not liable in any way should any problems with the goodsand services purchased with the Card be encountered. You are to seek redressdirectly from such merchant in respect of such goods and services.

Notwithstanding the non-delivery, non-performanceor defects in any such goods and services purchased using the Card, ourPartners and we shall be entitled to debit the full transaction amount of suchgoods and services from your Card Account. Your liability owing to us and ourPartners is not affected by any dispute or counterclaim or right of set offwhich you may have against such merchant.

You acknowledge and agree that our Partners and weare not responsible for any benefits, discounts or programmes of or offered byany merchant, and our Partners and we make no representation as to the quality,provision, or performance of any such goods or services. You agree to resolveany complaints about the goods and/or services with the merchant directly,without referring to our Partners or us.

37.  Recovery of costs

Any costs, fees or expenses (including legal costs)that our Partners or we may incur as a result of your breach of the terms ofthe Terms or otherwise arising out of our enforcement of any rights under this Termsshall be recoverable from you on a full indemnity basis.

Without prejudice to the foregoing, you agree toindemnify and keep us and our Partners fully indemnified against all claims,demands, action, proceedings, losses, damages, costs and expenses of any nature(including legal costs and expenses), in each case on a full indemnity basis,suffered, incurred or sustained by us and our Partners, directly or indirectly,by reason of or in connection with this Terms, including without limitation:

·      any use or misuse of the Card and/or CardAccount regardless of whether or not authorisation has been sought and/orgiven;

·      any dispute you have or may have withyour directors, officers, employees, agents and beneficiaries (as may beapplicable) about opening, managing, using or maintaining your Card and/or CardAccount;

·      us acting on the instructions of yourrepresentatives which we believe in good faith to be genuine;

·      any breach of any provision of thisTerms by you and/or your representatives;

·      the enforcement or protection of ourPartners’ and our rights and remedies against you and/or your representativesunder this Terms;

·      an insufficiency of available funds inthe Card Account to meet a request for payment of any transaction or settlementof any other liability hereunder. In this respect, our Partners and/or we mayin our discretion allow the Card Account to be overdrawn and charge suchpayment or settlement to the Card Account together with any interest thereof aswe may deem fit;

·      you or your representative’s violationof any applicable laws, rules or regulations, including, without limitation,any violation of applicable laws, rules, or regulations resulting from your useof the Card and/or Card Account; and/or

·      any change in any law, regulation orofficial directive which may have an effect on the Card, Card Account and/orthis Terms.

This Clause 37 shall not apply in case of any claims,demands, action, proceedings, losses, damages, costs and expenses suffered,incurred or sustained by us or our Partners as a direct result of any fraud,gross negligence or wilful misconduct on the part of us or our Partners.

The indemnities in this Terms and Conditions is inaddition to and not in substitution for any other indemnity or right in favourof us or our Partners given by law or otherwise and shall not be affected ordischarged by anything.

The provisions of this Clause 37 shall survive the termination orexpiry of this Terms and Conditions.

38.  Miscellaneous

If any one or more of the provisions of this Termsor any part thereof is declared to be illegal, invalid or unenforceable underany applicable law, it will not affect the legality, validity or enforceabilityof the remainder of this Terms in such jurisdiction or the legality, validityor enforceability of this Terms in any other jurisdiction.

The remedies under this Terms are cumulative andare not exclusive of the remedies provided by law.

 39.  Assignment

You may not assign, transfer or otherwise disposeof any of its rights, benefits or obligations under your Card and/or CardAccount.

 Our Partners or we may assign or transfer to anythird party (including, without limitation, to any other corporation within theGroup) any of our rights, benefits and obligations under this Terms without yourconsent or the need to provide you with any prior notice of such assignment ortransfer, and you irrevocably consent to any such assignment or transfer by usor our Partners.

40.  Intellectual property rights

Nothing in this Terms and Conditions shall beinterpreted or deemed to transfer to you any intellectual property rightsbelonging to us or our Partners. The provisions of this Clause 40 shall survive the termination orexpiry of this Terms.

41.  Conclusiveness of documents

Any document relating to any transaction bearing yoursignature (physical, digital, electronic or otherwise) or authorised by a PINor otherwise made with your payment instruction shall be conclusive evidence ofthe fact that the transaction therein stated or recorded was authorised andproperly made or effected.

If you do not notify us or our Partners in writingof any inaccuracy or error in any transaction statements or records within 7days of the receipt or deemed receipt of such statements or records, it shallconstitute conclusive evidence that:

·      every transaction stated therein hasbeen effected; and

·      every charge stated therein, everyamount debited therein has been validly and properly incurred or debited in theamount stated therein.

Nothing in this Clause 41 shall prevent us or our Partners fromrectifying any errors, omissions in any statement, records or advice and anysuch amended statement, records or advice shall be binding on you.

Schedule 1: Promotion Terms andConditions

1.    Definitions andInterpretation

1.1.  In this Agreement:

1.1.1.“amp. Card” means each amp. debit card, virtual orphysical, requested by you and powered and issued by M-DAQCashport Pte. Ltd.,and any substitution, replacement or renewal thereof;

1.1.2.“CashbackPromotion” means the amp. Card cashback promotion as described in Clause 2.1;

1.1.3."Cashback Promotion Period" means [*];

1.1.4.“Cashport”means M-DAQ Cashport Pte. Ltd., a major payment institution licensedunder the Payment Services Act 2019 (No. 2 of 2019) to carry on the business of(1) account issuance service, (2) domestic money transfer service, (3)cross-border money transfer service and (4) e-money issuance service.

1.1.5.     "EligibleCardmembers” means cardmemberswho: 

1.1.5.1.   Have the amp. Card validly issued andaccount opened during the Cashback Promotion Period;

1.1.5.2.  Have been invited to participate in the Cashback Promotion by us; and 

1.1.5.3.  Have no unpaid amounts past due on their amp. Card and/or account duringthe Cashback Promotion Period;

1.1.6.    “ReferralPromotion” means the amp. Card referral promotion as described in Clause 3.1;

1.1.7.     “ReferralPromotion Period” means [*];

1.1.8.     "Qualifying Spend" means online marketingand software-as-a-service expenses transacted on the amp. Card with qualifyingmerchants. You may refer to the full list of qualifying merchants (which Cashportretain the sole and absolute discretion to change from time to time) at [insert link]). Where anydoubt exists as to whether a transaction qualifies as an "onlinemarketing" or "software-as-a-service" expense for the purposesof the Cashback Promotion, Cashport shall be the sole and final arbiter as towhether the expense in question constitutes “Qualifying Spend”. Forthe avoidance of doubt, the following transactions do not count towards“Qualifying Spend”:

a.     Any fees or charges (including but not limited toannual card fees, service fees, interest charges, cheque processing fees,administrative fees, finance charges, and/or late payment charges and othermiscellaneous fees and charges); 

b.     Any fund transfer; 

c.     Any amount charged to the amp. card that issubsequently cancelled, voided or refunded or reversed; 

d.     AXS, SAM or [ATM] transactions made using the amp.card; 

e.     Any payments made to/via buy now pay later serviceproviders;

f.      Any insurance premium payments; 

g.     Any payments related to betting; 

h.     Any transactions classified under the followingMerchant Category Codes: 

                  i.Financial Institutions – Merchandise, Services, and Debt Repayment(6012); 

                   ii.Non Financial Institutions – Stored Value Purchase / Load (6540) 

                   i. Any top-ups or payment of funds to the following accounts or any other accounts we may specify in future: 

                   i.EZ LINK PTE LTD 

                   ii.EZ LINK PTE LTD (FEVO) 

                   iii.EZ LINK PTE LTD SINGAPORE 

                   iv.EZ LINK TOP-UP KIOSK 

                   v.EZ LINK PTE LTD (IMAGINE CARD) 

                   vi.EZ LINK 

                   vii.EZLINKS.COM 

                   viii.FLASHPAY ATU 

                   ix.TRANSITLINK 

                    x.TRANSIT LINK 

                    xi.TRANSIT LINK PL

                    xii.TRANSIT 

j.       Any transactions classified under one or more of thefollowing Merchant Category Codes: 

                     i.6011 (Financial Institutions) – Automated Cash Disbursements 

                     ii.6051 (Non-FinancialInstitutions – Foreign Currency, Non-Fiat Currency (for example:Cryptocurrency), Money Orders (Not Money Transfer), Card Account Funding (notStored Value Load), Travelers Cheques, and Debt Repayment) 

                     iii.5960 (Direct Marketing– Insurance Services)

                     iv.6300 (Insurance Sales,Underwriting, and Premiums) 

                     v.6211 (SecurityBrokers/Dealers)

                     vi.4829 (Money Transfer)and 6513 (Real Estate Agents and Managers)

                     vii.8062 (Hospitals) 

                     viii.8211 (Elementary andSecondary Schools)

                      ix.8220 (Colleges,Universities, Professional Schools, and Junior Colleges) 

                      x.8241 (CorrespondenceSchools), 8244 (Business and Secretarial Schools)

                      xi.8249 (Vocational andTrade Schools) and 8299 (Schools and Educational Services (Not                       ElsewhereClassified))

                      xii.9211 (Court Costs,Including Alimony and Child Support)

                     xiii.9222 (Fines), 9223(Bail and Bond Payments)

                     xiv.9311 (Tax Payments)

                     xv.9399 (GovernmentServices (Not Elsewhere Classified))

                     xvi.9402 (Postal Services –Government Only) and 9405 (U.S. Federal Government Agencies or Departments);

                      xvii.8398 (Charitable SocialService Organizations), 8651 (Political Organizations) and 8661                        (ReligiousOrganizations);

                       xviii.7523 (Parking Lots,Parking Meters and Garages);

                       xix.7349 (Cleaning,Maintenance and Janitorial Services); and

k.     Anyother charges, fees, transactions or payments as we may stipulate from time totime 

2.    Cashback Promotion

2.1.  The Cashback Promotion allows Eligible Cardmembers to earn up to 1%cashback of monies spent on Qualifying Spends, subject to the eligibilityrequirements in Clause 2.

2.2.  Cashback earned by you will be credited to your account in the monthafter the Qualifying Spend is made. 

2.3.  TheCashback Promotion shall be valid during the Cashback Promotion Period and theCashback Promotion Period may be extended or determined by us in our sole andabsolute discretion at any time.

3.    Referral Promotion

3.1.   The amp. Card Referral Promotion entitles holders of theamp. Card who successfully refer eligible customers to sign up for the amp.Card and those who are referred to earn SGD$50.00 each if the eligibilitycriteria in Clause 3.2 are met.

3.2.               To qualify for the Referral Promotion, the followingeligibility criteria must be met:

3.2.1.             For the referrer, you must:

3.2.1.1.          Have the amp. Card validly issued andaccount opened during the Referral Promotion Period;

 3.2.1.2.         Have been invited to participate in the Referral Promotion by us;

3.2.1.3.          Have referred an eligible referred customer who satisfies all thecriteria stated in Clause 3.2.2 below; and 

3.2.1.4.          Haveyour account and amp. Card in good standing during the Referral PromotionPeriod;

3.2.2.            For the referred customer, you must: 

3.2.2.1.          Not have an existing amp. Card and/or account at the time of thereferral; 

3.2.2.2.          Have been validly referred, in good faith, by an eligible referrer ofgood standing that satisfies all the criteria                        stated in Clause 3.2.1 above; 

3.2.2.3.          Have applied for the amp. Card and/or account during the ReferralPromotion Period; and 

3.2.2.4.          Havemade one purchase transaction, with a minimum invoice amount of S$5.00, on yournew amp. Card                        during the Referral Promotion Period. 

3.3.                 The referral reward will be credited to the accounts of the referrer andreferred customer upon verification                         by us that a qualified referral has takenplace. 

3.4.                  Referrers must respect the spirit of the Referral Promotion byrefraining from engaging in dishonest                         practices, including but not limited tocreating fake accounts or harassing potential referral sources. 

3.5.                   The Referral Promotion shall be valid during the Referral Promotion Period and theReferral Promotion                          Period may be extended or determined by us in our sole andabsolute discretion at any time.

3.6.                   The Referral Promotion is void where such referral promotions areprohibited by any law, regulation or rule                           of any authority. 

4.     General Terms Regarding amp. CardPromotions  

4.1.   Cashport reserve the right to deduct, withdraw orcancel any cashback or referral reward awarded to you (including by deductingthe referral reward from your account) without liability in the event thecashback or referral reward was credited to your account erroneously, or if itwas later found that any of the eligibility criteria had not been satisfied.You will not be entitled to any payment or compensation whatsoever in respectof such deduction, withdrawal or cancellation. 

4.2.   Cashport’s decision on all matters relating to theCashback Promotion and the Referral Promotion shall be final. 

4.3.   In the event of any inconsistency between these termsand conditions and any brochure, marketing or promotional material relating tothe account and/or amp. Card, these terms and conditions shall prevail insofaras the subject matter is the Cashback Promotion or the Referral Promotion. 

4.4.   Cashport may vary these terms and conditions orsuspend the Cashback Promotion and/or the Referral Promotion without any noticeor liability to any party. This includes, but is not limited to, changing thepercentage of cashback or amount of referral reward. 

4.5.   By participating in the Cashback Promotion and/orReferral Promotion, you consent under the Singapore Personal Data ProtectionAct (Cap 26, 2012) to the collection and use of your personal data by Cashport,and the disclosure of your personal data by Cashport to such other third party(including Cashport’s related entities, payment intermediaries, agents and therelevant qualifying merchants) as Cashport may reasonably consider necessaryfor the purposes of the Cashback Promotion and the Referral Promotion.