iChange Card Terms and Condition
PREPAID CONSUMER CARDS PROGRAM TERMS AND CONDITIONS
- THE PREPAID CONSUMER CARDS PROGRAM
- The Prepaid Consumer Cards Program and prepaid cards (the “Card”) are issued by NIUM PTE. LTD. (“NIUM”), pursuant to a card scheme and programme administered by SLIDE, a major payment institution licensed by the Monetary Authority of Singapore to certain institution, body, firm or incorporated corporation approved by SLIDE (“You”) and such individuals approved by SLIDE in writing from time to time (each a “Cardholder”).
- The Card is co-branded in the brand of iChange which is provided by IBV Pte Ltd (“Partner”), together with SlideSG Pte Ltd (“SLIDE”) and the Network (“Network”).
- Network means Visa, MasterCard or such other association, payment network or similar entity as may be determined by NIUM from time to time.
- The Partner is solely responsible for providing the Partner APP to You and the Cardholder. The Partner also provides Customer Services on behalf of SLIDE to You and the Cardholder. “Customer Services” means the primary direct support provided by the Partner to You and the Cardholder through web sites, desktops, e-mail, wireless devices, or from any other communications channel to address any queries and provide response to any issues arising from the Card.
- SLIDE is the holder of the SLIDE WALLET. You may refer to SLIDE Terms and Conditions for more details.
- Notwithstanding clause 1.1, the Card remains the property of NIUM at all times and may be recalled or replaced by NIUM at any time in NIUM’s absolute discretion.
- These terms and conditions govern the Prepaid Consumer Cards Program and the use of the Cards by the Cardholders. By registering for the Prepaid Consumer Cards Program, You accept and agree to be bound by these terms and conditions (“Terms and Conditions”).
- You and the Cardholders must meet all eligibility criteria stipulated by NIUM and satisfy any due diligence checks conducted by SLIDE to be eligible for the Prepaid Consumer Cards Program and the Cards.
- Notwithstanding clause 2.1, NIUM may, in its sole discretion and without having to assign any reason, refuse to issue the Cards to any Cardholder or to recall, suspend or terminate a Card that has been issued to any Cardholder.
- The Card shall be valid for the period stated on the Card (“Validity Period”). Renewal or replacement of the Card will be at NIUM’s sole discretion.
- You shall deliver or cause to be delivered, and shall procure that a Cardholder deliver or cause to be delivered, to NIUM such information as NIUM may reasonably request for the purpose of the Prepaid Consumer Cards Program, the Card and the Terms and Conditions including but not limited to documents and/or information regarding Your or a Cardholder’s financial affairs and/ or identity. You represent and warrant that all information provided by You or any third party on Your or a Cardholder’s behalf is accurate in all material respects and You will not omit or withhold, and shall procure that a Cardholder shall not omit or withhold, any information which would make such information inaccurate in any material respect.
- SCOPE OF USE
- No one else but the Cardholder whose name is printed on the Card may use the Card for personal purposes during the Validity Period in accordance with applicable laws, the Network rules and these Terms and Conditions.
- A Cardholder may use the Card to make payments for goods and services at merchants who accept the prepaid cards for payments.
- CASH WITHDRAWAL
- A Cardholder may use the Card to make cash withdrawal via (a) any ATM that accepts the prepaid card or (b) any Service Provider as notified by NIUM from time to time in jurisdictions where such cash withdrawal would not contravene local laws (“Cash Withdrawal”). “Service Provider” refers to such persons which facilitate the provision of Cash Withdrawal to You and the Cardholder. For the avoidance of doubt, Service Providers do not act as agents of NIUM.
- Notwithstanding clause 4.1, if NIUM determines in its sole discretion that a Cardholder is a resident of Singapore, such Cardholder may not use the Card to make any Cash Withdrawal in exchange for Singapore Dollars in Singapore and may not request NIUM or its Service Provider to carry out any Cash Withdrawal on such Cardholder’s behalf.
- PARTNER APP
- Your access to the Prepaid Consumer Cards Program or a Cardholder’s use of the Card is facilitated by the Partner’s mobile application, iChange (“Partner APP”).
- Your or a Cardholder’s use of the Partner APP is subject to the terms and conditions imposed by the Partner which are separate and independent of these Terms and Conditions. NIUM accepts no responsibility or liability in any way for Your access and use of the Partner APP. NIUM makes no representations or warranty as to the relevancy, adequacy, commercial value, completeness or reliability of the Partner APP.
- You authorise the Partner or SLIDE to (a) supply all information and give Instructions concerning You, any Cardholder, any transaction and the Card to NIUM; and (b) receive any information or instructions in connection with You, any Cardholder, or any Card on Your behalf and in each case, You shall be bound as though You had given or receive the information, notices, instructions or communications. “Instruction” means an instruction provided by You or by any third party on behalf of You including any instruction made by telephone, letter, text message, email or via the Partner APP. Any Instruction shall be binding upon You once it is submitted to the Partner or SLIDE or NIUM.
- You further authorise NIUM to accept, rely and act upon any information and Instructions transmitted to the Partner or SLIDE. Where NIUM receives any information or Instruction from the Partner or SLIDE, NIUM shall be entitled to treat such information and Instruction as having been received from You. NIUM is under no obligation to check the authenticity or accuracy of any instruction received from the Partner or SLIDE and shall not be liable for any Losses incurred or suffered by You, any Cardholder or any person for complying with such information or Instruction.
- Prior to You submitting an Instruction to the Partner or SLIDE, You shall ensure that all information contained in the Instruction is complete and accurate. If You subsequently learn of any error in the Instruction, You must immediately notify the Partner or SLIDE or NIUM in writing.
- If You fail to provide a timely, accurate and complete Instruction, NIUM may be unable to process such Instruction or may have to delay the processing of such Instruction. NIUM shall not be liable for any Losses incurred or suffered by You, a Cardholder or any person as a result of such delay or failure in processing such Instruction.
- NIUM may in its sole discretion screen all Instructions given by You in relation to the Card before carrying out such Instructions.
- NIUM may, at its sole discretion, without providing any explanation or liability, refuse to act upon any Instruction received from You via the Partner or SLIDE. NIUM shall, to the extent permitted by applicable laws and practicable, inform You via the Partner or SLIDE prior to such refusal.
- THE CARD BALANCE
- The Card is linked to your SLIDE WALLET. This means, the Card Balance is the account balance of your SLIDE WALLET.
- You are solely responsible for ensuring that there are sufficient Available Balance in the SLIDE WALLET. “Available Balance” refers to the total balance of funds received by SLIDE WALLET in Singapore Dollars or such other currencies as supported by NIUM or SLIDE WALLET from time to time (“Supported Currencies”) which are no longer subject to a right of recall initiated by the licensed financial institution from which the funds are sent.
- NIUM shall not be liable to make up for any shortfall in the Available Balance unless such shortfall is due to the gross negligence or wilful default of NIUM.
- The SLIDE WALLET shall be governed by SLIDE Terms and Conditions.
- SAFEGUARDING THE AVAILABLE BALANCE
- SLIDE adheres to the safeguarding requirements under the Payment Services Act 2019 of Singapore (“PS Act”) by safeguarding the Available Balance with licensed financial institution in Singapore.
- The availability of the Prepaid Consumer Cards Program is subject to You paying the fees as set out in the pricing schedule made available to You by the Partner.
- All amounts authorised in connection with any transactions, fees and any amounts due and owing under the Card shall be deducted from any Available Balance.
- If the outstanding fees and any other amounts due under these Terms and Conditions exceed the Available Balance, such shortfall represents a debt immediately due and payable under the Prepaid Consumer Cards Program on demand (“Demand Date”).
- A late interest of 2% each month shall be charged on any unpaid amounts owed under the Prepaid Consumer Cards Program for the period beginning on the Demand Date and ending on the date such outstanding amounts are paid in full.
- SUSPENSION AND TERMINATIONOF THE PREPAID CONSUMER CARDS PROGRAM
- You may request NIUM to cancel, suspend or terminate any Cardholder’s ability to use the Card by notifying the Partner via the Partner APP.
- NIUM or the Partner or SLIDE may suspend or terminate any Cardholder’s ability to use the Card at any time without assigning any reason upon notice to You and the affected Cardholder.
- Upon suspension or termination of a Card, the affected Cardholder’s access to the Card shall be disabled and You shall ensure that the affected Cardholder shall promptly return the Card to NIUM or the Partner.
- You may at any time immediately terminate Your subscription to the Prepaid Consumer Cards Program, in whole or in part, by written notice to NIUM if:
- NIUM or the Partner commits a material breach of these Terms and Conditions, which is not capable of remedy, or if capable of remedy, is not remedied to Your reasonable satisfaction within thirty (30) days of service of a notice requiring such remedy;
- NIUM or the Partner becomes insolvent; or
- there is a withdrawal or termination of any licence, permission or authorisation required by NIUM to act as a principal and to operate all its business in connection with the Cards Program.
10.3 NIUM or SLIDE may at any time immediately suspend or terminate the Prepaid Consumer Cards Program in whole or in part, by written notice to You if:
- You commit a material breach of these Terms and Conditions which is not capable of remedy, or if capable of remedy, is not remedied to NIUM’s reasonable satisfaction within thirty (30) days of service of a notice requiring such remedy;
- You become Insolvent;
- NIUM is (i) required to do so pursuant to an order from regulatory authorities, the Network or applicable laws or (ii) reasonably believe that the Card Program is used for any purpose contrary to applicable laws or any unauthorized or fraudulent use; or (iii) the security of any of the Card Program has been compromised or (iv) pursuant to a request from the Partner;
- NIUM has terminated the appointment of the Partner;
- the results of any “know your customer” or other similar checks or screenings under applicable laws or regulations conducted on You are unsatisfactory or if NIUM determines in its reasonable discretion, continuing the Card Program could cause reputational, regulatory, financial or operational harm to NIUM;
- there is a withdrawal or termination of any licence, permission or authorisation required to operate Your business; or
- You undergo a change of Control, or a sale or other disposal of any substantial division or part of Your business provided that NIUM shall not exercise its suspension or termination right if You have notified NIUM of the Change of Control, sale or disposal of Your business and NIUM has determined that NIUM may continue to provide the Card Program to You.
- You may not request for the return of any Remaining Available Balance on:
- the expiry or termination of this Agreement; or
- the suspension or termination of any Cardholder’s ability to use any Card, regardless of whether such suspension or termination was initiated by You or NIUM.
NIUM shall retain the Remaining Available Balance for the benefit of the relevant Cardholders in accordance with such terms and conditions agreed between NIUM and the Cardholders.
10.4 The rights conferred on NIUM under these Terms and Conditions shall survive termination.
11 PERSONAL DATA AND CONSENT TO DISCLOSURE
11.1 You represent and warrant that You have the legal right to disclose or provide any information disclosed or provided by You to NIUM or the Partner or otherwise collected during the duration of the Cardholders use of the Card (“Personal Data”). You agree that any Personal Data may be disclosed to: (i) the Partner; (ii) NIUM’s or the Partner Representatives; (iii) companies within the NIUM group of companies, and Representatives; (iv) third parties who process transactions submitted by merchants on the Network; (v) processors and suppliers NIUM or the Network may engage; (vi) the providers of services and benefits associated with the Card; (vii) consumer credit bureaus, collection agencies and lawyers; (viii) parties who accept the Card in payment for goods and/or services purchased by You; (ix) parties who distribute the Card; (x) the Network, the co-branded partner for the Card; (xi) banks, financial institutions, government agencies, statutory boards or authorities in Singapore or elsewhere; (xii) anyone to whom NIUM may transfer contractual rights; and (xiii) any other party approved by You or to whom NIUM consider it in necessary to make such disclosure for the purpose of performing our obligations or exploiting our rights under the Terms and Conditions.
12 INTELLECTUAL PROPERTY
- You agree that the NIUM and the Partner web-pages (including service marks, logos and trademarks), applications, process and systems, and deliverables produced by NIUM and the Partner for purposes in connection with these Terms and Conditions (including without limitation, reports, compilations and databases in any and all media) and the Card (collectively, NIUM IP) are and shall remain the exclusive property of NIUM and the Partner and are protected by copyright law or other intellectual property laws. You agree that no copyright or other intellectual property rights, title or interest, whether express or implied, in any of NIUM IP shall be acquired by You, except to the extent expressly contemplated in these Terms and Conditions. You shall not distribute, disclose, sell NIUM IP or permit use of NIUM IP by, any third party whether in whole or in part without the express written consent of NIUM. You shall not, directly or indirectly, copy, modify, decompile, disassemble, reverse engineer or otherwise attempt to derive or discern the source code or internal workings of NIUM IP. You may not: (i) reproduce any part(s) of NIUM IP in any form; (ii) create any derivative work based thereon; (iii) incorporate the site into other websites, electronic retrieval systems, publications or otherwise.
13.1 You agree to indemnify, defend and hold harmless NIUM, the Partner and its respective Representatives from and against any and all losses whatsoever and howsoever arising which NIUM or the Partner may sustain, incur, suffer or pay in connection with these Terms and Conditions, any Cardholder’s use of the Card and any other services provided in related thereto.
14 EXCLUSION AND LIMITATION OF LIABILTY
14.1 NIUM and the Partner make no representations or warranties, express or implied, as to:
- the satisfactory quality, fitness for a particular purpose, no infringement and performance or otherwise of the Card and any other services provided in related thereto; and
- any products and services provided by a Service Provider or any other third party and shall not be liable for (i) the delivery, quality, safety, legality or any other aspect of goods or services that You purchase from third party merchants using the Card; (ii) if certain merchants refuse to accept payments made via the Card.
14.2 To the extent permitted under applicable laws, NIUM and the Partner shall not be liable to You for any damages or losses of any kind whatsoever (however arising, regardless of the nature of the claim or the form of cause of action) in connection with these Terms and Conditions, the Card and any other services provided in related thereto. You acknowledge and agree that the exclusion and limitation of liability in this section are reasonable having regard to all relevant factors, including the nature of the services provided and the allocation of risk and liability between the parties.
15.1 Notices may be provided to You in the English language by NIUM or the Partner via (i) electronic mail, (ii) short message service (“SMS”), (iii) personal delivery or ordinary post to Your address last known to NIUM or the Partner or the Customer, (iv) through NIUM’s or the Partner’s website, the statement of account or any electronic medium determined by NIUM; or (v) Partner APP (“Communication Mode”) and You consent and agree to receive notices via any of such Communication Mode. All notices in electronic format shall be considered to be “in writing,” and shall be deemed to have been received by You no later than one (1) Business Day after posting or dissemination, whether or not You have actually received or retrieved such communication. NIUM and the Partner reserve the right to provide notices in paper format. Your consent to receive notices electronically is valid until you revoke Your consent by notifying NIUM or the Partner. If You revoke your consent to receive notices electronically, NIUM may terminate your right to use the Card, and You accept sole liability for any consequence resulting from such revocation of consent.
15.2 You may contact the Partner via the contact details displayed in the Partner APP or as notified by the Partner to You from time to time:
16 VARIATIONS TO TERMS AND CONDITIONS
16.1 NIUM may vary the Terms and Conditions from time to time. Any amendments or variations shall come into effect upon the Partner publishing a revised version on the Partner APP or NIUM publishing a revised version on NIUM website. Your continued subscription to the Prepaid Consumer Cards Program shall constitute acceptance of the revised Terms and Conditions.
- You may not assign or transfer any rights under these Terms and Conditions or the Prepaid Consumer Cards Program to any third party.
- NIUM may assign and transfer any of its rights and obligations under these Terms and Conditions.
- GOVERNING LAW AND JURISDICTION
- The Terms and Conditions are governed by the laws of Singapore and You hereby irrevocably submit to the exclusive jurisdiction of the court of Singaporefor all disputes arising from, as a result of or in connection with these Terms and Conditions (“Proceedings”) and waive any objections to Proceedings in any court on the grounds that the Proceedings have been brought in an inconvenient forum. Such submission shall however not affect the right of NIUM to take Proceedings in any other jurisdiction and NIUM shall be at liberty to initiate and take actions or Proceedings or otherwise against You in Singapore and/or elsewhere as NIUM may deem fit, whether concurrently or not.
- FORCE MAJEURE
- Non-performance of NIUM and the Partner shall be excused to the extent that performance is rendered impossible by strike, fire, flood, other natural disasters, governmental acts, acts of terror or orders or restrictions, failure of suppliers, market disturbance, or act of God, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing Party (“Force Majeure Event”).
20.1 Except by a person who is NIUM’s assignee pursuant to clause 17.2 above, a person who is not a party to these Terms and Conditions shall not have any rights to enforce any term of these Terms and Conditions.
20.2 In the event any provision or part of the Terms and Conditions is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Terms and Conditions, will be inoperative.
20.3 Any delay in enforcing NIUM’s or the Partner’s rights under these Terms and Conditions or any waiver as to a particular default or other matter shall not constitute a waiver of NIUM’s or the Partner’s rights to the future enforcement of its rights under the Terms and Conditions, except with respect to an express written and signed waiver relating to a particular matter for a particular period of time.
20.4 NIUM and the Partner are independent contractors for all purposes and is in no way Your agent or trustee nor the agent or trustee of any person from which payments are received through the Card.
APPENDIX A: RESTRICTED USE
- Betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at race tracks
- Government-owned lotteries
- Government licensed on-line casinos (on-line gambling)
- Government-licensed horse/dog racing (US Region only)
- Manual or automated cash disbursement in Singapore.