Terms and Conditions image

Terms & Conditions

Overview

Paywho Pte Ltd (hereinafter referred to as “we”, “us”, “our”) is a company limited by shares and incorporated in Singapore with UEN 201824727D, and having its registered address at 1 Park Road #02-17B People’s Park Complex, Singapore 059108 (“Paywho”). We are exempted by the Monetary Authority of Singapore (“MAS”) from holding a license to provide services under the Payment Services Act 2019 (“PSA”) and continue to provide such services pursuant to the Payment Services Act (Exemption for Specified Period) Regulations 2019. Currently we are regulated by the PSA.

We are the operator of the Paywho Mobile App, web based applications, E-Wallet (collectively known as the “Applications”) and the various Services found therein. We also issue both physical and virtual debit cards.

Paywho Singapore users are advised to read the Terms and Conditions carefully, as they are bound by these Terms and Conditions upon ticking the box in the mobile app. It is also mandatory for Users to agree with the Terms and Conditions before they can use the services.

Glossary of Terms

In this agreement (“Agreement”), unless the context otherwise requires –

“Account” or “Paywho Account” means the Electronic money and payment account the User has opened or is about to open with Paywho in accordance with the terms of this Agreement.

“Appstore Rules” mean the terms and any rules or policy applied by any appstore provider or operator whose sites are located at App Store or Google Play;

“Applications” mean the Mobile app, Web based applications and the E-Wallet collectively.

“Business Day” means a day, other than Saturday or Sunday, or other national holiday day, set forth by the legal acts of Singapore;

“Consumer” means a natural person;

“Commission fee” means a fee applied by us for the Payment transaction and/or related payment services, or Services linked to the Account;

“Electronic money” means electronically stored value represented by a claim on us.

“E-Wallet” means the Paywho electronic wallet which allows a user to store money for any future online/offline transactions.

“Funds” mean banknotes and coins or Electronic money;

“Mobile App” means the mobile application software, the data supplied with the software and the associated media;

“Payment order” means any instruction (payment request) by the payer or payee to his payment service provider requesting the execution of a payment transaction;

“Payment transaction” means depositing, transfer or withdrawal of Funds initiated by or on behalf of the payer or by the payee irrespective of the obligations of the payer and the payee on which the transaction is based;

“Party” means us or the User; and “Parties” mean both us and the User;

“Payer” means a natural or legal person who holds a payment account and allows a Payment order from that payment account, or, where there is no payment account, a natural or legal person who gives a Payment order;

“Payee” means a natural or legal person who is the intended recipient of Funds which have been the subject of a Payment transaction;

“QR Code” means a quick response code which can used to make payment to merchants, financial institutions, or any other Third Party;

“Services” mean all products, services, content, features, technologies or functions offered by Paywho and all related websites and applications.

“Statement” means a document prepared and provided by us, which includes information about Payment transactions executed during the specific period of time;

“Third Party” means any natural or legal person, other than the Parties;

“Uploading Methods” mean one or more methods of uploading Funds into Paywho E-Wallet, including but not limited to bank transfers, Paynow, debit/credit card, ATM transfers or any other method that Paywho may introduce.

“User” means a natural or legal person who uses or has requested to use the services provided by the PAYWHO as the payer and/or the payee;

“User’s Account” means the User’s profile in our system;

“Web based applications” mean the online application software or the web app, the data supplied with the software and the associated media.

General

By using Paywho Services (including but not limited to downloading, registering a Paywho Mobile App, opening an Account and using the Paywho Applications), the User confirms that he/she has read, agreed and accepted all of the terms and conditions set out herein in this Terms & Conditions (“Terms”) or (“Agreement”).

This Agreement shall include any future customer update(s), any other prospective user policy introduced by Paywho for the use of the Applications relating to Paywho’s Services. If any User does not accept the terms and conditions of this Agreement, the User is advised not to use Paywho or access any of the Services provided on it.

While this Agreement applies to the User’s access to and/or the use of PAYWHO services, they may be supplemented or changed by additional terms and conditions (“Additional Terms”) relating to the use of specific aspects of Services, functions and/or features made available on Paywho mobile app;

In the event of any inconsistency between this Agreement and the Additional Terms, the Additional Terms shall, unless otherwise provided, prevail.

The Paywho Card is governed by Paywho Card Terms.

The Paywho Terms and Conditions, Privacy & Data Protection Policy and The Paywho Card Terms are to be read together and are incorporated into the agreement.

The User acknowledges and agrees to be bound by this Agreement and is solely responsible for understanding and complying with any and all laws, rules and regulations that may be applicable to the User in connection with the User’s use of the Services in the country where the User registered to use Paywho. These include the grounds on which we are entitled to suspend or terminate the User’s account without notice.

1. Services

1.1. Paywho provides the following services:

1.1.1. Fund top-up;

1.1.2. Cross Border Fund Transfer;

1.1.3. Online/Offline payments

1.1.4. Multi-currency exchange

1.1.5. Debit card issuance

1.1.5. Domestic money transfer

1.1.6. QR Code Transaction

2. Paywho Mobile App

2.1. The Paywho Mobile App is subject to this Agreement and the terms and any rule or policy applied by any appstore provider or operator whose sites are located at App Store and Google Play (the “Appstore Rules”). We grant Users a limited, non-sublicensable, non-transferable, non-exclusive and revocable license to use Paywho Services on their device subject to this Agreement and the Appstore Rules.

2.2. The User agrees to only use the Paywho Mobile App directly downloaded from the official channels provided and approved by us, solely in executable code format and solely for the User’s lawful purposes. With respect to any open source code that may be incorporated into the Paywho Mobile App or its Services, such open source code is covered by the applicable open source or third-party license, if any, authorizing the use of such code.

2.3. We accept no liability for any loss or damage arising directly or indirectly from any act or omission of any app store provider, or otherwise from the relationship between Paywho and such Appstore providers.

3. Duration of Agreement

3.1. This Agreement shall enter into force and become valid when the User has been approved by us, and shall continue until the User terminates this Agreement by submitting the request to close his/her Account and delete the User's Account from our system, or we terminate the provision of our Services to the User and delete the User's Account from our system whether under Clause 20 (Conditions of Use of Services), or Clause 24 (Termination).

4. Updates

4.1. The Paywho Mobile App will be updated periodically, and the content found on the Paywho Mobile App may change at any given time. We shall not be liable for any information which may be out of date. Users are advised to take notice that the Paywho mobile app may require the latest update to function normally and during each update, services provided on the Paywho Mobile App may be impaired. Any updates installed for the Paywho Mobile App may require Users to accept Additional Terms.

5. Intellectual Property Rights

5.1. The User shall only use materials on the Paywho Applications for personal use and solely as necessary in relation to those Services. The User hereby acknowledges that any intellectual property rights in or relating to Paywho Applications reside with Paywho.

5.2. Materials on the Paywho Mobile App include all related intellectual property rights, in and to the Mobile App software (including without limitation developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) and/or the Paywho Mobile App and by extension, the Services and any enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Services developed and provided by us to the User for download from Paywho.

6. Eligibility

6.1. Paywho Users must be a Resident of Singapore where the User registers to use Paywho at the time of opening an Account with us.

6.2. Individuals can register as a User and each individual is entitled to only one User account. If a corporate apply for a Paywho account, the entity shall authorise a representative to register and transact on its behalf.

6.3. The User who employs the use of the Paywho Applications for business purposes, confirms, acknowledges and agrees that the User has the authority to bind the business or entity’s on it’s behalf, and that business or entity accepts these terms. During the registration process, the legal entity’s representative is obligated to provide an authorisation letter from a beneficial owner/senior management certifying his appointment to act on the entity’s behalf or a copy of a power of attorney which shows that the legal representative of the legal entity is authorised to enter this Agreement with us. We reserve the right to reject the User from opening an Account on behalf of the legal business or entity if we feel that the form of authorisation is insufficient in any way.

6.4. Users may only open an account on Paywho if it is legal to do so in Singapore. The use of Paywho Services is a confirmation that the opening and operation of the Account with Paywho do not violate any laws applicable to the User. The User shall take and accept all responsibilities for any consequences resulting from any breach of this Agreement.

6.5.Users who apply for the use of our remittance service or for a pre-paid card must be a Resident of the country when they apply to use the service and of legal age at the time of applying to use these services.We will authenticate the user’s identity through official, photo ID documents only.

7. Paywho E-Wallet

7.1. The Paywho E-Wallet shall function in the following manner:

7.1.1. The Paywho E-Wallet allows Users to hold, send or receive stored value/payments;

7.1.2. The stored value held in the Paywho E-Wallet does not expire other than when the User’s Account is closed; in such case the Funds held on Paywho E-Wallet shall be be transferred to the User’s indicated account as per Clause 24.7 of this Agreement;

7.1.3. The stored value held in the Paywho E-Wallet will not earn any interest.

7.1.4. Based on regulatory requirements, limits will be placed on the total amount you can use in your e-wallet per year. After you hit the e-wallet spending limit, you can choose to pay our other services via other methods of payment such as internet fund transfer direct to our bank account without topping up the fund into your E-Wallet.

7.1.5. The stored value held in the Paywho E-Wallet belongs to the person or the legal representative acting on behalf of a legal person who is registered as the Paywho Account holder; and unless a written consent is provided, the User must not allow anyone to use the Paywho E-Wallet on their behalf.

8. Commission Fees, Default Interest And Currency Exchange

8.1. We may charge Comission fees to the User in the event of a Cross Border Fund Transfer, which shall be payable by the User and deducted from his/her Paywho Account.

8.2. Currency exchange is based on prevailing market rates, which is valid at the moment of conversion and is constantly updated and published daily on the Company’s website.

8.3. The currency exchange rate shown in the Company’s website or mobile app is only indicative. In the event of a major rate fluctuation, the Company reserves the right to determine the final exchange rate. The User may accept or reject these rates. If the User rejects the given rate, the Company will not proceed with the transaction.

8.4. If the User has placed a remittance order but the payment has not been settled, the Company reserves the right to reject the order in the event of a major rate fluctuation.

9. Signing Up for Paywho Account

9.1. You can either sign up for a Standard or a Major account. For Standard account opening we require the name, e-mail, mobile number and gender of the applicant. If you apply for a Major account or convert from a standard account to a Major account, information requested from the User may include, but are not limited to the following:

9.1.1. A copy of identity card which shall indicate at least his/her name, surname/last name, national registration identity card, date of birth, etc.;

9.1.2. proof of residential address through a copy of the User’s utility bill, mobile phone bill, tenancy agreement or bank statement not older than three months if the user requests to perform cross-border fund transfer service;

9.1.3. where the User is the legal representative acting on behalf of legal person, the business license or the extract from the public registers of the relevant authority about the User as legal entity indicating registered name, registered location, registration number, tax registry number, a letter stating the the User is the legal representative acting on the legal person’s behalf;

9.1.4. to complete a questionnaire, which will be provided by us;

9.1.5. Other official documents which may be requested based on the individual circumstances and which would allow us to verify and confirm the User’s identity.

10. User Due Diligence

10.1. We are required by law to carry out all necessary security and User due diligence checks on the User (including any parties involved in the User’s transactions. For example, the recipient) in order to provide Services to the User. The User agrees to provide us with correct and updated information as requested. The User’s registration must be followed with the submission of such supporting documentation and information as we may require from time to time in order to identify the User and perform checks and verification of information or otherwise directly or through any Third Party, including anti-fraud, anti-terrorism and anti-money laundering verification as may be required by law.We reserve the right to also validate the information provided, including checking official and commercial database or credit reports.

10.2. The User agrees that all documentation and information provided to us is truthful, accurate and complete as at the time of registration and throughout such time that the User has a Paywho account. Users are responsible for updating the information if there are any changes as soon as possible, but not later than 5 Business Days after the changes occurred. We will not be responsible for any financial loss arising out of the User’s failure to do so. The User also agrees to comply with any request from us for further information and provide such information in a format acceptable to us.

10.3. In addition, the User agrees that we may make, directly or through any Third Party, any inquiries considered necessary to identify the User and perform checks and verification of information or otherwise, including anti-fraud, anti-terrorism and anti-money laundering verification as may be required by law. We reserve the right to also validate the information provided, including checking official and commercial databases or credit reports.

10.4. We retain the sole and absolute discretion to approve or reject any registration in whole or in part. We shall not be required to provide any reason or explanation for exercising our discretion in approving/rejecting any registration. However, we assure that the refusal to register will always be based on reasons that are not insignificant.

11. Communication between parties

11.1. The User confirms that he/she accepts that any and all communications, including the personal communication between us and the User, shall be in English, Mandarin or the native language in the country where we operate unless the Parties agree otherwise by signing additional amendments to this Agreement.

11.2. The information shall be provided to the User:

11.2.1. through the User’s Account on the application;

11.2.2. via e-mail; or

11.2.3. publicly posted on our website.

11.3. The User acknowledges that any communication between us and the User shall take place personally and primarily through the User’s Account and e-mail address indicated during the process of opening the Account. Disclosure of any information by us through the User’s Account or via the e-mail address provided means that the relevant information has been duly delivered to the User.

11.4. The User agrees that we may record, with prior notice, any ongoing communication between us and the User using any available technical means, and will archive all the records, as well as the copies of any information and documents that we will receive from the User and Third parties. The User agrees that we may at any time use this information for the purposes stated in this Agreement or for ensuring compliance with this Agreement.

11.5. The parties shall inform each other without undue delay of any changes to their contact information. The User shall also provide the relevant documents proving that the contact information has been changed. The failure to fulfill these obligations means that any notices or communication sent to the latest contact information of the User in our records is duly delivered and we have fulfilled our obligations accordingly. The User also acknowledges that we may change our contact information by way of announcement or publishing the same on our website, or by sending such information to the e-mail address provided by the User during the Account opening.

11.6. In order to protect the User's funds from any possible unlawful acts of Third parties, the User shall immediately freeze his/her Paywho account immediately and notify us via the e-mail provided by the User during the Account opening, or by calling us with regards to the theft of his/her identity document, or any loss that may cause the User to lose control of his/her Account.

11.7. The Parties must promptly inform each other of any circumstances relevant to the proper performance of this Agreement. We may, make a request to the User via e-mail, requesting for evidence that the User’s circumstances have changed (for example, a change of the sample signature of the User or the User's representative, bankruptcy proceedings have been filed against the User, the User's liquidation, reorganization, conversion, etc.) regardless of whether this information has been provided to the public registers or have been registered with the local authorities.

12. Security

12.1. The User shall not disclose their Paywho Account password or User reference number to any Third Party and shall endeavour with their best efforts to keep such details safe.

12.2. The User also agrees to take precautionary measures including but not limited to:

12.2.1. changing password regularly;

12.2.2. not leaving devices used to log in to the Account unattended, in public places or otherwise easily accessible to Third parties;

12.2.3. updating software, applications, anti-virus programs, browsers and other programs regularly;

12.2.4. protecting devices with passwords, PIN codes or other safety instruments;

12.2.5. evaluating received emails with caution, even if Paywho is indicated as the sender.

12.2.6. not clicking on unknown links, open unknown documents, install software or application from unknown, unreliable sources or by visiting unsafe websites.

12.3. Paywho or our affliates, agents or any service provider will never ask the User to provide PIN codes or Credit/Debit Card details to Paywho or any Third Party. The User is obliged to promptly report any such suspicious activity to us directly.

12.4. If the User suspects that their Paywho Account, login details, or other security feature is stolen, lost, used without authorization or otherwise compromised, the User must immediately notify us or any other entity designated by us. The notification shall be submitted primarily to us through the User’s Account and/or at the same by sending us an e-mail. The User is also advised to change the PIN Code and freeze the account immediately.

12.5. The User confirms, acknowledges and agrees to regularly check the transactions history of their Paywho Account. The User should notify customer support immediately at cs@paywho.com if he/she notices any unauthorized or erroneous payment transaction in their transaction history.

12.6. The User further agrees to e-mail customer support, or via phone call, immediately in case of any unauthorized, incorrect, or misdirected transaction.In case where the account has been compromised or if the User suspects that his/her Paywho Account has been used by a Third Party, the user should immediately freeze the account.

12.7. In the event where the User does not notify us about the circumstances described in the clause 12.6 of this Agreement, within the terms specified in the same clause 12.6, and the additional agreements or Additional Terms between the Parties, then it shall be considered that the User has unconditionally confirmed the Payment transactions executed in the Account.

12.8. The User should only refer to information published by our official sources as listed on Paywho’s Website or Mobile App.

13. Electronic money issuance and redemption

13.1. Money held on User's Account is considered Electronic money which shall be issued by us after the User transfers or deposits money to the Account. After we have received the money, we shall credit it to the Account by issuing Electronic money at nominal value.

13.2. Electronic money held in the Paywho Account will not generate or earn any interest.

13.3. Electronic money held on User's Account shall be redeemed at their nominal value.

13.4. All the funds in your E-Wallet will be safeguarded in a customer’s account in accordance with stringent MAS regulations governing customers’ funds.

14. Uploading Money into the Paywho E-Wallet

14.1. There are several methods of uploading Funds into the User’s Paywho E-Wallet, including but not limited to:- Inter Bank transfers, Paynow (Available in Singapore only), or Debit or Credit cards and ATM fund transfers (“Uploading Methods”). We may change or stop offering any of the Uploading Methods at any time.

14.2. Any Uploading Method chosen by the User must be in the User’s name and authorized by the User.

14.3. We will credit the Paywho Account once Funds have been transferred or paid into the User’s Paywho E-Wallet. For Uploading Methods such as the use of Inter Bank transfer, Paynow, Credit or Debit cards, we will credit the Funds to the Paywho Account immediately, subject to our right of reversal. If funds are topped up to the Paywho Account via an automated teller machine (ATM), it will take up to 1 working day to credit the Funds into the Paywho Account.

15. Remitting Money

15.1. The User must set up a Payment order form directly in the Paywho Mobile App, or through the Website.

15.2. The User agrees and undertakes to provide certain information to us as may be required by regulatory requirements, including (a) the full name of the recipient, (b) the recipient’s bank account details or the Paywho Account details and (c) amount to be transferred.

15.3. Each Payment order is given a unique transfer number and is shown in the transaction history found in the User’s Paywho Account. The User is responsible for checking and reconciling the accuracy of the transaction history.

15.4. We reserve the right to inquire on any transfers and perform all other necessary vetting procedures. Verification checks may increase the time it takes to process the User’s Payment order.

15.5. All information provided to us for fund transfers must be accurate. We will not be responsible for any wrong information provided to us that result in any losses for the User. However, we shall make reasonable efforts to recover the funds involved in the Payment transaction though we make no guarantee as to the success of such recovery, and undertake no liability for doing so.

15.6. The User is informed and agrees that we have the right to request additional and/or other mandatory information (this includes, but is not restricted to:- amount and currency, Payee’s name, surname or name of the legal entity, payment code, etc) which must be submitted to us in order to execute the Payment order.

15.7. We may charge a fee to cover the costs for amendments should the User wishes to re-send a remittance that has been rejected by the receiving bank for reasons of wrong beneficiary information, or any other reasons.

15.8. The User shall not revoke a Payment order once it has been received by us unless the user has obtained our approval. If the Payment order has been executed, no cancellation would be allowed for whatever reason.

15.9. In the event of any refund where a foreign currency exchange is involved, the rate will be based on the prevailing buying rate. However, any service fees paid shall not be refunded. The funds will be made available to the user only upon our receipt from our paying bank or agent.

15.10. We will only process your payment instructions till we have received your payment in full.

16. Authentication data

16.1 The log-in session is terminated when the user clicks on the Log out button, and the User has to login again with his PIN code or biometrics such as fingerprint or face identity to access his Account.

16.2 Whenever a user changes his login device, he will need to authenticate his login with a One-time password which will be send to his registered mobile number on top of the PIN code or biometrics that is required.

16.3 User is also required to authenticate with his PIN code or biometrics when he initiates a payment transaction with the Paywho App or when he accesses sensitive information such as his Card Information or Transaction History.

16.4 A notification will be sent to the user via App and Email if the total payment amount exceeds $1000 daily and if the total payment amount exceeds $5000 monthly. All amount is calculated in SGD or foreign currency equivalent. If the user finds any discrepancies, he should freeze the account and notify Paywho immediately.

17. Receiving Funds

17.1 The User can receive money in their Paywho Account through the methods stated in and supported in the Paywho Mobile App.

17.2 Any money the User receives into their Paywho Account will be recorded in the transaction history section of their Paywho Account. The User undertakes to check incoming Funds into their Paywho Account.

17.3. Should the User notice any Funds that do not belong to him/her have been wrongly transferred to their Account, they must immediately notify us to the effect. In such cases the User, as an unauthorized beneficiary of transferred Funds of the Payment transaction, shall be deprived of the right to dispose of the transferred Funds, and must forthwith remit such Funds to our designated Account.

17.4. We have the right to debit the amounts incorrectly credited to the User’s Paywho Account, without the need for a separate consent of the User (as unauthorized beneficiary of transferred Funds of the Payment transaction), and remit such Funds to their due beneficiary.

17.5. If Funds available in the User’s Paywho Account are insufficient for the debit of incorrectly credited Funds, the User must repay the respective amount of Funds to our designated account within 3 (three) Business Days, failing which we may exercise our rights under this Agreement to ensure that the incorrectly credited Funds are recovered from the User.

18. Payments using Paywho E-Wallet

18.1. Our E-Wallet allows you to pay both online and off-line at participating merchants in various countries where we operate, whether through our overseas branches, or in partnership with foreign entities. All transactions at our participating merchants will be subject to the following:

18.1.1. The specific terms and conditions of the merchant offering the products and services.

18.1.2. We bear no responsibility for the quality, suitability or reliability of the goods and/or services offered by participating merchants. The merchants are solely responsible for the goods and services that they offer.

18.1.3. We bear no legal responsibilities for any contractual agreement made between the User and any participating merchants. Our role is strictly that of a payment solutions provider.

19. QR Code Transaction

19.1. If you wish to initiate a QR Code transaction, you may do so by initiating a QR Code transaction request through the Paywho Mobile App by using your mobile device to scan the QR Code on a participating merchant’s terminal, and in accordance with the instructions displayed on the Paywho Mobile App.

19.2. After verification of your credentials, and if the QR Code scanned on your mobile device matches the QR Code generated by the Bank or such participating merchant, you will be shown the name of the merchant and details of the Account from which you may make the QR Code Transaction.

19.3. Before submitting a QR Code transaction request, you are required to check the name of the merchant displayed on the Paywho Mobile App and for ensuring that the relevant merchant or institution is the intended Payee of the Funds.

19.4. By submitting the QR Code transaction request, you confirm and agree that the amount entered by you in the QR Code transaction request and/or the information transmitted by you via the QR Code is correct, and we shall be under no obligation to verify the amount paid and/or the information transmitted. We shall not be held responsible for any losses incurred by the User for a valid QR Code transaction.

20. Conditions of Use of Services

20.1. The User may only use Paywho for lawful purposes. The User may not use Paywho:

20.1.1. in any way that breaches any applicable local law or regulation;

20.1.2. for anything that is abusive or does not comply with our content standards;

20.1.3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation or spam; or

20.1.4. to transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

20.2. Suspension and Termination

20.2.1. Paywho will determine, in its absolute discretion, whether there has been a breach of this Clause through the User’s use of Paywho. When a breach has occurred under this Clause, we may take any action that may be deemed appropriate.

20.2.2. Failure to comply with this Clause constitutes a material breach of this Agreement, and may result in Paywho taking all or any of the following actions:

20.2.2.1. Immediate, temporary or permanent withdrawal of the User’s right to use Paywho and the Services;

20.2.2.2. Suspension or cancellation of the User’s Payment order(s) and/or to take any such other action as Paywho considers necessary;

20.2.2.3. Legal proceedings against the User for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

20.3. Paywho excludes any liability for actions taken in response to breaches of this Clause. The responses described in this clause are not limited, and Paywho may take any other action reasonably deemed appropriate.

21. Right to set-off

21.1. On the breach of any clause in this Agreement, or the happening of any event which entitles us to be compensated by you, we shall be entitled to recover any sum due to us by retaining part or all of any sum that you have lodged with us under your Paywho Account, among any other actions we may take to recover these outstanding amounts from you. There is no similar right of set-off extended to you.

21.2. If for whatever reason we are unable to exercise our right of set-off pursuant to Clause 21.1, we may initiate other means to recover the money from you.

21.3. We may convert any amount due to us by applying our exchange rates as required.

22. Refund conditions

22.1. In the event that your payment order instructions was improperly given and our paying bank or agent could not execute the transaction, you may make amendments or request for a refund. The funds will only be made available to you when our paying bank or agent returns it to us. We will then credit the amount into your account.

22.2. In case you have initiated a payment to any one of our participating merchants, when you require a refund, the agreement is between you and the participating merchant.

22.3. If you are due for a refund, we would credit your account when we receive the advise from the merchant.

23. Suspension or Termination of User’s Account

23.1. We reserve the right to suspend or terminate the User’s Account or otherwise restrict its functionality on the occurrence of any of the events below: -

23.1.1. The security of the Paywho Account and/or payment instrument or any of its security features have been compromised in any way;

23.1.2. We detect any issues with unauthorised or fraudulent use of the Paywho Account or any of its security features;

23.1.3. The User does not, or have not complied with any of the terms of this Agreement or additional documents referred to in this agreement.

23.1.4. We have reasonable suspicions that Funds in the Account may be used by other person for unlawful actions, including but not limited to the commission of criminal activities;

23.1.5. The user has infringed Paywho or any Third Party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

23.1.6. The user acts in a manner that is defamatory, threatening or harassing to Paywho or our employees, agents or other Users;

23.1.7. The user is involved in any fraudulent activity, money laundering, terrorism financing or other criminal and/or illegal activity.

23.1.8. The user’s account, or an account that is linked to another User’s Account has engaged in any of the restricted activities.

23.1.9. We have been requested or directed to do so by any Court of law, government authority, public agency or law enforcement agency;

23.2. We will notify the User of any suspension, termination or restriction of the User’s Account and of the reasons for such suspension or restriction as indicated in this Agreement, unless notifying the User would be unlawful or compromise our security interests.

23.3. We will lift the suspension and/or restriction after the reasons for the suspension and/or restriction have been resolved, or have ceased to exist.

24. Termination

24.1. The User, who is a Consumer, may renounce this Agreement by giving us 14 (fourteen) days notice through the User’s Account and/or by other electronical mean (e.g. by e-mail, by telephone).

24.2. We may, at any time, terminate this Agreement without cause by notifying the User 60 (sixty) days prior to the date of termination.

24.3. We may also terminate this Agreement by notifying the User 60 (sixty) days prior to the date of termination, if the User has not made any Payment transactions for more than 12 (twelve) consecutive months.

24.4. This Agreement may also be terminated immediately by mutual agreement between parties.

24.5. The User may terminate his/her Account with us at any time by contacting Customer Support and notifying us at least 27 (thirty) days prior to the date of termination.

24.6. On termination of this Agreement for any of the reasons listed above, the User is prohibited from using Paywho and its Services, all rights granted to the User in connection with Paywho and its Services shall cease, and the User must also immediately delete or remove the Paywho Mobile App from his/her registered mobile device.

24.7. Unless otherwise specified in this Agreement, money held on the User's Account and the E-Wallet shall be transferred to the User's bank account or to the account of another Paywho user indicated by the User. We have the right to deduct from this sum, any amount that remains unpaid by the User for Services provided by us, and expenses which have not been paid by the User, including but not limited to, withdrawal/transfer charges, administration fees, damages and default interests incurred by us due to a breach of this present Agreement committed by the User. In the event of a dispute between us and the User, we have the right to retain money under dispute until the dispute is resolved.

24.8. The termination of this Agreement shall not release the parties from their obligations to each other arising prior to the date of termination of this Agreement to be properly executed, or any obligations which expressly survive the termination of this Agreement.

24.9. Upon confirming that your registered number is no longer under your use, we have the right to reassign your registered mobile number to the new user.

25. Liabilities

25.1. Other than expressly set out in this agreement, neither we, nor any of our officers, directors, employees, suppliers, agents, and related entities make any specific promises about the services. For example, we do not make any commitments about the content within the services, the specific functions of the services, or their reliability, availability, or ability to meet the user’s needs. We provide the services on a “as is” basis.

25.2. To the fullest extent permitted by law (and without limiting any other provision found in this Agreement), we, and all related entities exclude all liability to the User or anyone else for any loss or damage of any kind (howsoever caused or arising) arising from or in connection with the Services.

25.3. We do not exclude or limit in any way our liability to the User where it would be unlawful to do so, for example, for any fraud or fraudulent misrepresentation.

25.4. If the User employs the Services for any commercial or business purpose, we will not be liable for any loss of profit, loss of business, business interruption, loss of business opportunity, consequential loss or indirect losses suffered.

25.5. We will not be liable for any loss or damage caused by any bugs or virus, or other technological attacks or harmful material that may infect the User’s computer equipment, computer programs, data or other proprietary material, related to the User’s use of the Services.

25.6. We have no control over websites linked to and from Paywho, and as such, assume no responsibility for content or any loss or damage that may arise from the User’s use of them.

25.7. We, and our officers, directors, employees, suppliers, agents and related entities, will not be held liable for any failure to perform, or for any delay in performing, any obligations as a result of events which are outside our control. An event which is outside our control refers to any act or event beyond our reasonable control, including, but without limitation to, strikes, lock-outs or other industrial action by Third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

25.8. To the fullest extent permitted by applicable law, the User shall be responsible and hold us (and our officers, directors, employees, suppliers, agents and related entities) harmless from any and all losses, damage, liabilities, claims, costs and expenses due to, or arising out of or in connection with, the User’s breach of this Agreement or any applicable law or regulation, the User’s use of our Services and/or any fraud or negligence by the User. This provision shall continue to be in force even after the User ceases to use Paywho and its Services.

26. Tax

26.1. Applicable tax laws may apply when you receive or pay money through our services. You agree to comply with all applicable tax laws for transactions made through our services by reporting and paying the relevant tax to the authority.

27. Dispute Resolution

27.1. Any disputes, or complaints between us and the User shall be resolved through negotiations. Any complains or disputes should be sent to us at cs@paywho.com, and we will endeavour to send a response to your dispute or complaint within 14 Business days from us receiving your complaint.

27.2. In the event where the dispute cannot be resolved through negotiations, or you are not satisfied with our response, you may wish to contact the Consumer Association of Singapore if your complaint falls within their jurisdiction.

28. Governing Law and Jurisdiction

28.1. The laws of Singapore are applicable to this Agreement, its annexes, and any Third Parties that are not regulated by this Agreement, including cases when a dispute between the User and us falls within jurisdiction of a court of another state. Any disputes, or claims in connections with or arising out of this Agreement including but not limited to, its negotiation, breach, existence, validity, or termination, shall be governed by and construed in accordance with the laws of Singapore. All parties irrevocably submit to the exclusive jurisdiction of the laws of the Singapore.

29. Miscellaneous

29.1. If any part of this Agreement is found by a Court of law to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Agreement, which shall continue to be valid and enforceable to the fullest extent permitted by law.

29.2. Failure to enforce any of our rights under this Agreement, or applicable laws, shall not be deemed to constitute a waiver of such right under this Agreement.

29.3. We have the right to change any of our Third-Party service providers, without any notice to you.

29.4. Clause, Schedule and paragraph headings are for convenience only, and shall not affect the interpretation of these Terms.

29.5. Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall include the singular.

29.6. Unless the context otherwise requires, a reference to one gender shall include a reference to the other gender.

29.7. Any obligation in the Agreement on a party not to do something includes, an obligation not to agree, allow or permit that thing to be done.

29.8 You are responsible for all liabilities, financial or otherwise, incurred by Paywho, another User, or a Third Party caused by or arising out of your breach of these Terms, your use of the Paywho Services, and any use of your Paywho Account. You agree to reimburse Paywho, another User, or a Third Party for any and all such liability, to the extent not prohibited by applicable law.