Please read these Terms of Service (“Terms”) carefully. By using the Platform, opening an account and/or the Acciopay Services (as defined below), you agree to be bound by these Terms and are deemed to have executed these Terms electronically. The headings contained in this document are for reference purposes only. You should print a copy of these Terms for your records.
Last Updated: 29 June 2022
1. Parties to these Terms
- These Terms are a legally binding agreement between you (“you”, “your” or the “Customer”) and Acciopay Pte. Ltd. doing business as Acciopay (“we”, “us”, “our”, “Acciopay”) (collectively, the “Parties” and each a “Party”). These Terms shall govern your use of the Acciopay Progressive Web App ("PWA"), including any subdomains thereof, and any other websites and smart device applications through which Acciopay makes its services available, and the services provided through PWA in the manner described in Clause 2.1.
2. Acciopay Services
2.1 We operate the above-mentioned PWA on which we offer you the option to make payment for goods and/or services that are listed on the PWA on a deferred basis (“Deferred Payment Structure”). The services performed by the PWA that facilitates the Deferred Payment Structure shall be referred to as the “Acciopay Services”.
2.2 For the avoidance of doubt, the Acciopay Services do not constitute a lending or credit facility offered by Acciopay to you, and Acciopay does not provide any credit to you.
2.3 Due to the nature of the internet, Acciopay cannot guarantee the continuous and uninterrupted availability and accessibility of the PWA. Acciopay may restrict the availability of the PWA or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the PWA. Acciopay may improve, enhance, and modify the PWA from time to time. Acciopay shall not be liable in any way to you for any interruption to the use of the Acciopay Service during such period of maintenance or system upgrades.
3. Eligibility; Account Creation; Member Verification
- To be eligible to use the PWA and/or the Acciopay Services, you must:
18.104.22.168 be an individual who is at least eighteen (18) years old;
22.214.171.124 be capable of entering into a legally binding contract;
126.96.36.199 be an existing tertiary student in Singapore;
188.8.131.52 have a valid and verifiable student email address, matriculation card and mobile telephone number;
184.108.40.206 provide a valid physical residential and delivery address;
220.127.116.11 be an authorized holder of an eligible Paynow and Paylah!, bank account card or other payment method as may be accepted by Acciopay from time to time (“Payment Method”). For the avoidance of doubt, a Payment Method shall not include any issued prepaid debit cards, virtual debit cards or virtual account numbers, gift cards or any other type of access card; and
18.104.22.168 create an Account in accordance with Clause 3.2. By creating an Account, you represent and warrant that you are eligible and meet all the requirements in Clause 3.1.1
- You must create and register an account on the PWA (“Account”) by providing Acciopay with such information as may be required for the purposes of creating such an Account, including but not limited to details relating to your Payment Method.
- Notwithstanding your fulfilment of the criteria set out in Clause 3.1 above and your provision of the information referred to in Clause 3.2.1. above, we reserve the right to, at our sole discretion, refuse to allow you to create an Account. In the event of such refusal, you will not be able to use the Acciopay Services.
- You may only hold one Acciopay Account. Your Account is strictly personal to you and cannot be assigned or (re)sold to third parties.
- In consideration for your use of your Account, you agree to:
22.214.171.124 provide true, accurate, current, and complete information about yourself in a timely manner as requested by Acciopay from time to time and to promptly notify us of any changes. We will not be responsible for any losses or charges incurred in relation to your failure to do so;
126.96.36.199 be solely responsible for the safety and security of your Account. Where you believe that your Account has been compromised or that there has been a security breach, you shall notify us immediately, and in the event that you fail to do so, you shall be liable for further purchases made using your Account;
188.8.131.52 be fully responsible for any unauthorized access to your Account, and shall notify us immediately, failing which, you shall be liable for all purchases made using your Account;
184.108.40.206 immediately inform us of any actual or potential fraudulent activities relating to your Payment Method and to allow us to share such information with third party payment providers for the purposes of reducing further fraudulent activities;
220.127.116.11 ensure that your Account is used in a responsible and lawful manner and to not use your Account to misrepresent your identity; to procure any goods or services that are illegal or unlawful in nature or in a manner that contravenes any anti- money laundering laws; or for the purposes of accomplishing a cash advance; and
18.104.22.168 comply with our operating procedures as may be informed to you from time to time.
The Buyer agrees to inform the Seller of any change in the personal particulars provided by the Buyer for the creation of the Account such as the address, phone number and any other details that the Buyer had provided to Seller within  days from the date of such change. This would ensure that the Buyer is able to continue to login to their account using the new number. The Seller shall not be liable to the Buyer for any claims, damages, losses, expenses costs or liabilities whatsoever for the failure of the Buyer to inform the Seller of the same including circumstances where an unauthorised user uses the Buyer’s old number to login to the account to access information of the buyer.
Verification and Other Checks.
- You authorize us to conduct checks, validations, and risk assessments, and to make, directly or through third parties, any inquiries necessary to verify your identity, to assess your capability to make payments under the Deferred Payment Structure, and as required by applicable laws or regulatory requirements. You further agree and authorize us to share such information with our partners, our affiliates and/or any other third party as may be relevant and/or necessary for the provision of the Acciopay Services.
- Payment Methods.
- To complete the payment for a transaction, you will be required to:
22.214.171.124 identify a Payment Method to pay for your transaction, which would include Paylah!, Paynow, eGiro, bank transfer or cash;
126.96.36.199 expressly consent to, authorize, and instruct us to initiate recurring eGiro from the Payment Method in relation to purchases made in connection with your Account.
For the avoidance of doubt, you shall be responsible for ensuring that you have sufficient funds available in relation to your Payment Method(s). As such Payment Methods are provided by other third parties, Acciopay accepts no liability in relation to the same. You agree to be bound by any rules of such other third party and are responsible for all fees charged by the same.
- When you select the Deferred Payment Structure as a means of payment for our goods and/or services, you are deemed to make an order with that under the terms of the Deferred Payment Agreement, available at https://www.acciopay.io/salescontract (“Order”). Orders are subject to Acciopay’s approvals. We may, in our sole discretion, decline to facilitate the Deferred Payment Structure for an Order, or cancel an approved Order before our goods and/or services are delivered or supplied, for any reason including but not limited to your history of Orders or to prevent against fraud, legal, regulatory or non-payment risk.
- The use of the Deferred Payment Structure is available for all purchases of all goods/and or services on our PWA, however we may, at our sole discretion, set a small order fee if a certain prescribed minimum purchase is not reached.
- Upon the completion of an Order and Acciopay’s approval of the same, we will immediately assume rights under the relevant Deferred Payment Agreement.
- If your Order is approved, you will be notified via the PWA of the same. The PWA will also inform you of your payment schedule (“Payment Schedule”) showing the amount and due dates for each deferred payment (“Deferred Payment”). These details are also available for view in your account on the Platform. The Deferred Payment Agreement and Payment Schedule for each Order are both hereby incorporated into these Terms.
- You agree to pay, and accept sole liability for, the full amount of the Deferred Payments. You will need to pay your Deferred Payment on the due date(s) specified in your Payment Schedule.
- If you do not make the Deferred Payments as and when they fall due (including if the Payment Method is declined), or if such payments are not successfully processed on the relevant due date, you will be immediately suspended from making further purchases and orders, and you may be charged late payment charges; for more information, please see Clause 7 below.
- You may additionally be subject to fees or charges assessed by your card provider, payment provider, payment processor and/or any other financial institution providing the relevant Payment Method.
Errors and Refunds
- If you wish to return the goods that have been purchased using the Deferred Payment Structure and/or request for a waiver of outstanding Deferred Payments, or a refund, return, or replacement as may otherwise be accepted or permitted by law, such waiver, refund, return or replacement shall be subject to Acciopay’s internal policies in relation to the refunds, returns and replacements in accordance to https://www.acciopay.io/salescontract.
- Once the refund or waiver process has been completed, the amount that we have agreed to refund to you (“Refunded Amount”) will be returned to you, subject to Acciopay’s absolute discretion to vary the amount, manner and order to which the Refunded Amount shall be applied.
- While we will process refunds as soon as reasonably practicable, the timing to receive any refund will vary based on the Payment Method and any applicable payment system (e.g., third party online payment processor, Hitpay, eGiro, etc.) rules and practices. You acknowledge and agree that any refund amount due to be repaid to your relevant Payment Method is subject to handling methods outside our control and you shall not hold us responsible for any delays in relation to the same.
Account Suspension and Late Fees
- Your eligibility to use the Acciopay Services shall be assessed and determined on an ongoing basis at our sole discretion. We reserve the right to deny, suspend or terminate provision of the Acciopay Services or your Account at any time and for any reason without consent or prior notice. WE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF YOUR ACCOUNT BEING SUSPENDED OR CLOSED FOR ANY REASON. FOR THE AVOIDANCE OF DOUBT, THIS SHALL INCLUDE ANY LOSSES THAT MAY BE INCURRED IN RELATION TO ANY PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR PAYMENT METHOD IS CHARGED.
- Reactivation of Account and Late Payment Fees
- In the event your Account is suspended, you will be required to pay all outstanding amounts due on your Account, including the late payment fees as determined by us in our sole discretion, derived as follows:
188.8.131.52 3-5% of the total goods per month of the outstanding installments, for the non- repayment of each Deferred Payment.
We may, in our sole discretion waive such Late Payment Fees and reactivate your Account if we believe that your Account was suspended due to a system error, failure or security breach. Please provide us with the relevant evidence for our consideration at email@example.com
- You may request to close your Account at any time by contacting us at (email link). Your request may take up to thirty (30) calendar days to process.
- Your request to close your Account will be denied if:
- any amounts due to us are unpaid. We may limit your ability to use your Account;
- you are subject to any investigation, in connection with or arising out of your use of
Acciopay Services or Deferred Payment Structure; or
there are any outstanding disputes between you, us or our Student Affiliates.
9.1 All content included in or made available through the Acciopay Services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is protected under applicable copyrights, trademarks, and other proprietary rights (including but not limited to intellectual property rights) are owned by Acciopay or its affiliates. The copying, redistribution, use or publication by you of any part of the Acciopay Services, unless expressly permitted in these Terms, is strictly prohibited. Use of the Acciopay Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Acciopay Services does not constitute a waiver of any right in such information and materials. For the avoidance of doubt, the use of the term “software” herein shall include its respective components, processes and design in its entirety.
- Trademark Notices
10.1 The trademarks, service marks and logos (the “Trademarks”) used and displayed on the Acciopay Services are registered and unregistered Trademarks of Acciopay. Nothing on the Acciopay Services should be construed as granting you, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Acciopay intellectual property displayed on the Acciopay Services. The name “Acciopay”, and any other Trademarks shall not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Acciopay Services, without prior written permission from Acciopay.
- All notices or other communications between the Parties shall be given in writing in the English language and shall be delivered:
- via registered mail or other third-party agents;
- via electronic mail to the email address you have provided to us;
- via notification through the Acciopay PWA; and/or
- via call and text messages to the mobile phone number you provided to us.
- All emails and text messages shall be deemed received upon successful transmission unless stipulated otherwise.
Transfers or Assignments
- You shall not transfer or assign any rights and/or obligations you may have under these Terms without our prior written consent.
- We may transfer, assign or novate these Terms, and any rights, obligations and conditions under these Terms, to a third party without your consent or notice.
Changes to these Terms; Conflict of Terms
- Additional terms and conditions may apply to purchases of goods or services, such as the Deferred Payment Agreement you will enter into with us, and to specific portions or features of the PWA, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the PWA or for any service offered on or through the PWA, the latter terms shall prevail with respect to your use of that portion of the PWA or the specific service.
- We reserve the right to vary or amend these Terms from time to time without requiring express or implied consent and without prior notice of such variations or amendments. Such variations or amendments to these Terms shall be effective upon such updated version being uploaded on our PWA at https://www.acciopay.io/termsofservice. You agree that it shall be your responsibility to review this Terms regularly whereupon the continued use of the Acciopay Services after such variation or amendment of these Terms shall constitute your consent and acceptance of such variation or amendment, regardless of whether you have reviewed the updated version of the Terms.
14.1 To the extent permitted by applicable law, you acknowledge that you are responsible for and agree to hold harmless Acciopay from and against any all claims, costs, expenses, damages, liabilities, obligations, and losses (including reasonable legal fees) to the extent arising out of or in connection with your breach of these Terms and Conditions, your negligence or willful misconduct and/or your failure to take reasonable steps to mitigate the claim and/or subsequent losses or damages, save to the extent that such claim and/or subsequent damages, or where it could be reasonably expected to do so, arises as a result of the willful misconduct or gross negligence on the part of Acciopay, its directors, employees, officers, agents or representatives.
- Limitation of Liability
15.1 To the extent permitted by applicable law, Acciopay (including its related bodies corporate, directors, employees, officers, agents and representatives) and any third parties providing services for or on behalf of Acciopay will not be liable for any direct, indirect, special, consequential, incidental or punitive damages (including without limitation loss of profits, loss of revenue and loss of data) arising out of or in connection with these Terms and Conditions, the Acciopay PWA and the Acciopay System. Acciopay’s liability to you for any non-excludable damages shall not exceed the value of any Orders that are to the subject matter of such claim, including any Late Payment Charges that have been applied by Acciopay against you.
Disclaimer of Warranties
- THE ACCIOPAY SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY, WHETHER IT IS EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, ACCIOPAY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- ACCIOPAY DOES NOT WARRANT OR GUARANTEE THAT THE ACCIOPAY SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE ACCIOPAY SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE ACCIOPAY SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ACCIOPAY SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- These Terms, as amended from time to time, are effective until you terminate your Account and all amounts due to us or Merchants have been paid. The following provisions of these Terms shall survive termination of your use or access to the Acciopay Services: Clauses 14 (Indemnification), 15 (Limitation of Liability), 16 (Disclaimer of Warranties), 17 (Miscellaneous), 18 (Dispute Resolution), 19 (Applicable Law and Jurisdiction), and any other provision that by its terms or implication survives termination of your use or access to the Acciopay Services.
- If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portion thereof) were not contained in these Terms.
- These Terms constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous oral or written agreements. Each Party acknowledges and agrees that the other Party has not made any representations, warranties or agreements of any kind, except as expressly set forth herein.
- No failure on our part to exercise and no delay on our part in exercising any right under the Terms will operate as a release or waiver thereof, nor will any single or partial exercise of any right preclude any other or further exercise of it.
- Unless indicated otherwise, a person who is not subject to these Terms shall have no right to enforce or enjoy the benefit of any terms under these Terms.
- Nothing in these Terms shall be deemed to constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in these Terms.
- Neither Party shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of these Terms which result from circumstances beyond the reasonable control of that Party, except for payment obligations. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
- Without prejudice to any other rights or remedies a Party may have, the Parties each acknowledge and agree that damages may not be an adequate remedy for any breach of these Terms and the Parties shall be entitled to the remedies of injunction, specific performance and other equitable relief (but for the avoidance of doubt no right of rescission or, unless expressly permitted, termination) for any threatened or actual breach of these Terms.
- In the event of a controversy, dispute or claim (jointly and severally, a “Dispute”) in relation to, in connection with, or arising out of, the quality or delivery of the Acciopay Services, please contact us at firstname.lastname@example.org.
- In the event of a Dispute in relation to, in connection with, or arising out of your use of Acciopay Services, the Dispute shall be referred to and decided by the courts of the Republic of Singapore.
Applicable Law and Jurisdiction
19.1 Except as expressly provided otherwise, these Terms and the relationship between you and us are governed by, and will be construed under, the laws of Singapore, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
20.1 If you have any questions, complaints or claims with respect to the Acciopay Services, please contact us at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.