HITPAY Terms of Service
Updated November 2018
By using our App, you confirm that you accept these Terms, authorise us to carry out our roles, responsibilities as mentioned (whether expressly or impliedly) in these Terms, and that you agree to comply with them.
Your use of the App is conditional upon your acceptance of the Terms. By using the App, you are deemed to have agreed to and have accepted the Terms. We reserve the right to revoke your access to the App if you do not comply with these terms.
CHANGES TO THESE TERMS
CHANGES TO OUR APP
We may update our App from time to time, and may change the content at any time. However, please note that any content on our App may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our App, or any content in it, will be free from errors or omissions. You agree that it shall be your responsibility to update the App to the latest version as and when such updates become available.
ACCESSING OUR APP
You may download, install and generally access Our App free of charge. However, certain acts or use of the App may result in costs being incurred by you.
We do not guarantee that our App, or any content on it, will always be available or be uninterrupted. Access to our App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our App without notice. We will not be liable to you if, for any reason, our App is unavailable at any time or for any period. You agree that we shall have the right to access your mobile phone’s photo library to enable yourself to upload photos onto the App.
YOUR ACCOUNT AND PASSWORD
You agree that you will not solicit, collect or use the login credentials of other App users.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge that the intellectual property rights in or to the App are owned by us.
No part or parts of the App may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without our prior written permission.
The trade marks, service marks, and logo ("Trade Marks") used and displayed in or through the App are registered and unregistered Trade Marks of ours.
Nothing in the App should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trade Marks displayed in or through the App, without our written permission.
NO RELIANCE ON INFORMATION
Any content on our App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our App.
Although we make reasonable efforts to update the information on our App, we make no representations, warranties or guarantees, whether express or implied, that the content on our App is accurate, complete or up-to-date.
LIMITATION OF OUR LIABILITY
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our App or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our App; or
- use of or reliance on any content displayed on our App. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your mobile phone, computer equipment, computer programs, data or other proprietary material due to your use of our App or to your downloading of any content on it, or on any other App or websites linked to it.
Without prejudice to the generality of the foregoing, we will not be liable for any inconvenience, loss, cost, damage or injury suffered by you or any third party arising from or caused by:
- our compliance with any instruction given or purported to be given by you relating to a transaction performed via the App (“Transaction”), notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction;
- use of your User Account and the App by third parties, whether authorized or unauthorized by you;
- your transfer of funds to the wrong mobile number or to the wrong recipient;
- theft or loss of your device, hardware and/or equipment on which the App is installed;
- your inability to effect or complete any Transaction due to system maintenance or breakdown/non-availability of the App or any network;
- you being deprived of the use of the App as a consequence of any action by us;
- any failure by us to perform any obligation or observe any of these Terms if such failure arises from a failure of, or any unauthorised and/or unlawful access to, any machine, data processing system or transmission link or any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, delay in deliveries from sub-contractors, or any event outside our control; or
- any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing.
UPLOADING CONTENT TO OUR APP
Where you make use of a feature that allows you to upload content to our App, or to make contact with other users of our App, you must comply with the content standards set out in our Acceptable Use Policy.
You irrevocably and unconditionally represent and warrant that any content you upload to our App or through our App complies with the standards set out in our Acceptable Use Policy.
You irrevocably and unconditionally represent and warrant that any content you upload to our App or through our App does not violate, misappropriate or infringe the rights of any third party, including but not limited to privacy rights, copyrights, trade mark and/or any other intellectual property rights.
We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights.
We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our App.
We have the right to remove your content from our App where your content does not comply with the content standards set out in our Acceptable Use Policy.
You irrevocably and unconditionally agree and undertake that you shall be liable to and shall indemnify us against any liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect, consequential loss, loss of profits, reputation, interest, legal and other professional costs and expenses) suffered by us due to your actions, including but not limited to any breach of the terms or conditions of this agreement.
We do not guarantee that our App will be secure or free from bugs or viruses. We will not be responsible for or obligated to carry out bug fixes of the App. We do not guarantee that the App will work on your mobile phone.
You are responsible for configuring your information technology, computer programmes and platform in order to access our App. You should use your own virus protection software.
You must not misuse our App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious and/or technologically harmful. You must not attempt to gain unauthorised access to our App, the server on which our App is stored or any server, computer or database connected to our App. You must not attack our App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the Computer Misuse and Cybersecurity Act (Cap 50A). We will not hesitate to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our App will cease immediately.
- Definition of Confidential Information. As used in this Agreement, “Confidential Information” shall mean any information which is disclosed by one Party (“Discloser”) to the other (“Recipient”) or which the Recipient has access to in connection with this Agreement (including all information of a third party) and which is conveyed either: (i) in written, graphic, machine readable, or other tangible form; or (ii) orally or (iii) in any other form. Additionally, “Confidential Information” shall mean information that is by nature or the context in which it was given confidential or proprietary information of the Discloser, regardless of its marking requirement. Confidential information shall include, without limitation, specifications, operations or systems manuals, technological developments, decision processes, profiles, system and management architectures, diagrams, graphs, models, sketches, technical data, research, business or financial information, non-public financial results, market share, customer information, customer names, proprietary ideas, concepts, trade secrets, know-how, inventions, techniques, methodologies, and all other information related to a Party’s business.
- Use and Disclosure. Subject to clause 12.3, Recipient agrees that, during the term of the service and five (5) years thereafter, Recipient shall in no way use, disclose or disseminate any Confidential Information that Recipient has received from Discloser to any person or entity for any purpose without the prior written consent of Discloser. Furthermore, Recipient agrees to use a reasonable degree of care to avoid disclosure, publication, or dissemination of the Confidential Information of Discloser. Recipient may disclose Confidential Information to officers, directors, employees, consultants, attorneys, accountants, agents, or other representatives of Recipient or its affiliate companies who are bound by confidentiality and with obligations at least as stringent to those in this clause 12 and who have a need to know such Confidential Information for purposes of performing the respective obligations hereunder.
- Exceptions. The confidentiality obligations set forth herein will not apply to the extent that the Recipient can demonstrate that: (a) the Confidential Information is, at the time of disclosure, part of the public domain; (b) the Confidential Information became part of the public domain, by publication or otherwise except by breach of the provisions of this agreement; (c) Confidential Information can be established by written evidence to have been in the possession of Recipient at the time of disclosure; (d) Confidential Information is received by Recipient from a third party without restriction and without a breach of confidentiality obligation; (e) the Confidential Information was developed by the Recipient independently; (f) Confidential Information is required to be disclosed by a government agency or by a proper court of competent jurisdiction; provided that the Recipient will minimise the disclosure of such information and will consult and assist the Discloser (at Discloser’s expense) in obtaining a protective order prior to such disclosure.
- Notice of Unauthorised Disclosure. Recipient shall immediately give notice to Discloser of any unauthorised use or disclosure of Confidential Information, upon learning of the same and will cooperate with Discloser in every reasonable way to help regain possession of the Confidential Information.
- Return of Confidential Information. Recipient will at any time, upon receipt of the Discloser’s written request, within five (5) business days return all of the Discloser’s Confidential Information or certify destruction of the same pursuant to an appropriately secure destruction method. Recipient shall not retain any copies or abstracts of the Discloser’s Confidential Information; provided, however, Recipient may retain one copy in its confidential files for evidentiary purposes.
- Press Releases. Discloser and Recipient agree that neither Party will, except as required by law, disclose or issue any press release with respect to this agreement or any transaction contemplated herein without the prior written consent of the other Party to this agreement.
- Injunctive Relief. The Recipient understands and agrees that, in the event it fails to comply with any terms of this clause 12, Discloser may suffer irreparable harm, and that monetary damages may be inadequate to compensate the Discloser for such breach. Accordingly, Recipient agrees that Discloser will, in addition to any other legal or equitable remedies available to it, be entitled to apply for immediate injunctive relief to enforce the terms of this Clause 12.
This agreement and all disputes between the Parties (including without limitation non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Singapore without regard for choice of law principles. The Parties agree to submit to the exclusive jurisdiction of the Singapore courts.
HitPay Payment Solutions Pte Ltd ("We") are committed to protecting and respecting your privacy.
- This policy (together with our Terms and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.
- This policy is subject to amendments from time to time in compliance with the Personal Data Protection Act 2012, General Data Protection Regulation, and other applicable data protection laws that may be enacted and amended from time to time.
- Our Data Protection Officers may be reached at email@example.com.
INFORMATION WE MAY COLLECT FROM YOU
- You irrevocably and unconditionally agree and consent that we may collect, use, disclose, share and process the following data about you:
- Information that you provide at the time of registering to use our App, subscribing to our service, posting material or requesting further services. The information includes but is not limited to your mobile phone number, email address, your name and your gender. We may also ask you for information when you enter a competition or promotion sponsored by our partners, and when you report a problem with our App;
- Information that you provide at the time of uploading content onto the App including information on the general position system (GPS);
- If you contact us, we may keep a record of that correspondence;
- We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them;
- Details of transactions you carry out through our App and of the fulfilment of your orders; and
- Details of your visits to our App and the resources that you access.
- We may collect information about your mobile phone, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers and Merchants. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.
WHERE WE STORE YOUR PERSONAL DATA
- All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share the password with anyone.
- Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our App; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
USES MADE OF THE INFORMATION
- We use information held about you in the following manner:
- To ensure that content from our App is presented in the most effective manner for you and for your device;
- To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes;
- To carry out our obligations arising from any contracts entered into between you and us;
- To allow you to participate in interactive features of our service, when you choose to do so; and
- To notify you about changes to our service;
- We may also use your data, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by email, post or telephone.
- We may provide our business associates, partners or advertisers with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, graduate women). We may make use of the personal data we have collected from you to enable us to comply with our business associates’, partners’ or advertisers' wishes by displaying their advertisement to that target audience.
DISCLOSURE OF YOUR INFORMATION
- We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in the Companies Act (Cap 50).
- We may disclose your personal information to third parties:
- In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
- If HitPay Payment Solutions Pte Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; or
- If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our Terms.
- Our App may, from time to time, contain links to and from the Apps of our partner networks, advertisers and affiliates. If you follow a link to any of these Apps, please note that these Apps have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these Apps.
ACCESS TO INFOMATION
- The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of S$10.00 to meet our costs in providing you with details of the information we hold about you.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our App This acceptable use policy applies to all users of, and visitors to, our App.
Your use of our App means that you accept, and agree to abide by, all the policies in this acceptable use policy.
You may use our App only for lawful purposes. You may not use our App: .
- In any way that breaches any applicable local, national or international law or regulation;
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
- To knowingly 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;
- You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our App;
- any equipment or network on which our App is stored;
- any software used in the provision of our App; or
- any equipment or network or software owned or used by any third party.
- These content standards apply to any and all material which you contribute to or post on our App (“contributions”).
- You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Contributions must:
- Comply with applicable law in Singapore and in any country from which they are posted.
- Contributions must not:
- Contain any material which is defamatory of any person;
- Contain any material which is obscene, offensive, hateful or inflammatory;
- Promote sexually explicit material;
- Promote violence;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any copyright, database right or trade mark of any other person;
- Be likely to deceive any person;
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- Promote any illegal activity;
- Contain any content with seditious tendency or political references;
- Promote ill-will and hostility amongst the users or general public of Singapore;
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- Be likely to harass, upset, embarrass, alarm or annoy any other person;
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
- Give the impression that they emanate from us, if this is not the case;
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
- We will determine, in our absolute discretion, whether there has been a breach of this acceptable use policy through your use of our App. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our App;
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our App;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Further legal action against you; or
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
- We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
- We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our App.
Who can use the app?
You must be 16 years or older to use the HitPay app.
Collection of Data
HitPay tracks user data points that assist with customer support and troubleshooting. This data is stored for our own internal purposes, and includes the items that come with granting access to your Stripe account.
We use an encrypted database that is hidden behind Amazon Web Services’ Elastic Cloud.
Loss of Data
Since HitPay relies on Stripe, we have no control over what happens with their servers. Since we don't store your transactional data (it's stored at Stripe), we can't assist with getting it back. If you wish to delete your Stripe account, you can do so at Stripe.com.
Deleting Your Account
You can delete the app at any moment which will remove your data from the device. Additionally, send an email to: firstname.lastname@example.org with the subject line "DELETE ACCOUNT" and we will remove any data we have related to your account. We'll be sorry to see you go.
The following items are stored on your device:
Request token (so we can make requests to Stripe on your behalf)
The following items are NOT stored by HitPay:
- Credit cards and accompanying information
- Bank account numbers
What data rights do you have?
You have the right to delete your personal information. When you request that we delete your personal information, we take several steps:
- Obfuscate your name
- Obfuscate your email address
- Obfuscate your device ID
- You have the right to access any data that you provide to HitPay for Stripe.
- You have the right to take your data with you. This is commonly referred to as "The Right to Portability".
How do you exercise your data rights?
Send an email to email@example.com with the subject line "DATA RIGHTS" and let us know if you'd like your personal information deleted. We'll ensure your requests are met and completed within the required 30 days.
By creating a HitPay account, you agree to allow us to store the above data.
If you ever need help with the app or have questions, do not hesitate to email: firstname.lastname@example.org.
If you have trouble with your Stripe account, please reach out to them directly at Stripe Support.
ANTI-MONEY LAUNDERING (AML) AND COUNTER-FINANCING OF TERRORISM (CTF) POLICY
Anti-Money Laundering (AML) and Counter-Financing of Terrorism (CTF) Policy
We shall apply a risk-based approach to AML/CTF, which involves an assessment of the ML/TF risks and adopting measures that are proportionate to these risks in order to mitigate such risks appropriately and more cost effectively. The degree, frequency or intensity of AML/CTF controls will be more comprehensive for higher ML/TF risks.
The board of directors shall appoint a point person at management level to address compliance with AML/CTF legal requirements. The first line of defence are the business units, which are accountable for mitigating any ML/TF risks. The second line of defence rests with the compliance team, which is responsible for monitoring and reporting ML/TF risks. The third line of defence is the audit team ([which can be internal or external]), which is responsible for carrying out independent assessments of our procedures and controls.
User agrees to provide any information and/or documents reasonably required by us to comply with any applicable anti-money laundering or counter-terrorism financing laws including any applicable laws imposing know your customer or other identification checks or procedures that we are required to comply with in respect of its provision of services relating to the App (“AML/CTF Laws”), but the foregoing obligation applies only to the extent that such information and such documents are in the possession of the User or may be obtained by it after having undertaken reasonable steps and subject to any confidentiality, privacy or general law obligations owed by the User to any person in relation to whom the information or documents requested relate (except, in all cases, to the extent that the foregoing may be overridden by the relevant AML/CTF Laws). Each party must comply with any AML/CTF Laws applicable to it, to the extent required to comply with its obligations under the Terms. Any party may decline to perform any obligation under the Terms to the extent it forms the view, in its reasonable opinion, that notwithstanding that it has taken all action to comply with any applicable AML/CTF Laws, it is required to decline to perform those obligations under any such AML/CTF Laws. To the maximum extent permitted by law, each party release the other party (the “Released Party”) from any confidentiality, privacy or general law obligations that the Released Party would otherwise owe to it in respect of the Terms and to the extent to which it is able, any applicable confidentiality and privacy laws, but only to the extent that the existence of these obligations or laws would otherwise prevent the Released Party from providing any information or documents requested in accordance with this clause or any similar clause in the Terms.
PRODUCT LISTING POLICY
You are not allowed to post for sale any item which is prohibited by any law from whatever jurisdiction or country. You must be aware that our platform may be used internationally; hence, the sale of certain items may be prohibited by laws outside of the country in which you are based. You agree that it is your sole responsibility to comply with the relevant laws.
Below is a list of restricted or prohibited items. We do not guarantee the completeness of this list. It is your sole responsibility to ensure that you are not posting a product that is in contravention of any law.
We prohibit the listing of items that:
- are discriminatory, derogatory in any way, or encourage violence, hatred or religious or racial intolerance;
- promote illegal activities;
- are related to lottery, gambling, or contests;
- are investment interests such as bonds, stocks, or other security; and
- are sexual in nature.
We reserve the right to impose additional restrictions.
Currency and credit cards
We prohibit the purchase, sale or distribution of credit lines, foreign exchange, bank notes, money, bonds, digital currency, or other security on our platform.
Additional terms and conditions, resale of event tickets
It is your responsibility to ensure that any transaction you enter into on our platform is not in violation of any contract. In addition, certain products listed on our platform may have additional terms and conditions. For example, a concert ticket may have terms and conditions imprinted on the item, which may minimize your ability to use or sell this product after purchase.
We disclaim any responsibility in relation to private legal agreements or the adjudication of any concerns that may arise relating to the above.
We prohibit the listing of any steroid, narcotics, or other controlled substances on our platform.
We forbid listings that may be racially or ethnically offensive. Retailers and buyers must ensure that the choice of words for listings are appropriate to all potential readers of these listings.
Firearms, ammunition, weapons
The posting or promotion of any investment relating to arms, ammunition or weapons is strictly forbidden.
The posting of any tobacco products, including but not limited to cigarettes, cigars, pipes, chewing tobacco, etc. is forbidden.
Items that claim or appear to be an official government-issued identification document, such as driver’s license, birth certificate, etc. cannot be listed on our platform. In addition, application forms that contain personal information may not be listed.
Products prohibited by laws, regulations, or trade restrictions in any jurisdiction is strictly prohibited from our platform.
Notice: The above list is not exhaustive in nature and shall be updated continuously. If you are unsure about a product you wish to list on our platform, you may contact our customer service representative.