Getzpay Terms of Service
These Terms of Service are a legal agreement, between you and Getz Group Pte Ltd ("Getzpay" or "we") that govern your access to and use of the Services (as defined below). Please review these Terms of Service before you decide whether to accept them and continue with the registration process. These Terms of Service are divided into the following parts:
- A. Definitions
- B. Getzpay Terms
- C. General Terms
We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version includes a Substantial Change, we will provide you with 30 Days' prior notice of any Substantial Change by posting a notice on the "Policy Updates" page of our website. All future changes set out in the Policy Update already published on the "Legal Agreements" page of the Getzpay website at the time you register for the Getzpay Services are incorporated by reference into this Agreement and will take effect as specified in that Policy Update.
Consumer advisory - The Getzpay payment service is regarded as a stored value facility under Singapore law. Getzpay Pte. Ltd., the holder of the Getzpay stored value facility, follows the regulation of Monetary Authority of Singapore. Consumers (Users) are advised to read these terms and conditions carefully.
This Agreement is not a solicitation of the Getzpay Services and Getzpay is not targeting any country or market through this Agreement.
By agreeing to these Terms of Service, you represent the following:
- You are 18 years of age or older; and
- Capable of entering into a legally binding agreement.
If you are a business entity, you also represent that you are:
- Duly authorized to do business in the country or countries where you operate; and
- Your employees, officers, representatives, and other agents accessing the Services are duly authorized to access the Services and to legally bind you to these Terms of Service and all transactions conducted under your username and password.
By agreeing to these Terms of Service, you authorize Getzpay to charge your Payment Instrument and/or debit your Getzpay Wallet Balance, as applicable, when you incur transactions or fees using any of the services offered hereunder.
A. Definitions
1. Definitions Appearing in These Terms of Service
1.1 The following expression shall have the meanings as set out:
- "Account Profile"
- means the location on our website where you can, after logging in, view and manage your profile, including your personal information, Payment Method details, Preapproved Payments authorizations, your selling tools, and your Account settings including your notification preferences and API Access permissions.
- "Account" or "Getzpay Account"
- means a Personal or Business Getzpay Account.
- "Applicable Law"
- refers to any and all federal, state and local laws, rules and regulations applicable to the Services.
- "Buyer"
- refers to a Customer using a Service to purchase goods and/or services from a Merchant.
- "Chargeback"
- means a request that a buyer files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
- "Merchant" and "Seller""
- are used interchangeably and mean a User who is selling goods and/or services and using the Getzpay Services to receive payments.
- "Payment Transaction"
- refers to the processing of a payment that results in the debiting, charging, or other related transaction, of the Purchase Amount to a Buyer's Payment Instrument.
- "Policy" or "Policies"
- means any Policy or other agreement between you and Getzpay that you entered into on the Getzpay website, or in connection with your use of the Getzpay Services.
- "Product"
- refers to any merchandise, good or service that a Buyer may purchase using a Service.
- "Purchase Amount"
- refers to the dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
- "User"
- means any person or entity using the Getzpay Services including you.
- "Seller"
- – see "Merchant" definition.
- "Getzpay Account"
- The account you create with Getz Group Pte Ltd. for the use of Getzpay Services, as defined in the Getzpay Terms of Service.
- "Getzpay," "we," "us," "our,"
- means Getz Group Pte Ltd.
- "Getzpay Services," "Services"
- means all our products and services and any other features, technologies and/or functionalities offered by us on our website or through any other means.
- "Top Up"
- - see "Add credits" definition.
B. Getzpay Terms
2. Registration for Getzpay Payments
2.1 Setting Up a Getzpay Payments Account
When you accept these Terms of Service , you are creating a Getzpay Payments Account that is associated with your Getzpay Account, and which may be accessed at https://user.getzpay.com. Depending on the Services of Getzpay Services you use, you may be asked to provide information such as your name, contact information, (including your mobile number, bank name, bank account number, credit card, debit card, if applicable), date of birth. We may verify your registration information with a third party verification vendor. In some cases, we may ask you to send us additional information, such as a copy of your driver's license or passport, or to answer additional questions to help us verify your identity.
The information you provide will be used by us to determine if you are eligible to begin and/or continue to use the Services.
2.2 Accuracy of Registration Information
You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes. Changes to your primary residence address may require you to accept new Getzpay Payments terms of service for the country to which you have moved. In addition, as certain services are currently offered only in select countries, changes to your primary residence address may result in your becoming ineligible for certain services.
2.3 Relation to your Getzpay Account
In order to use the Services, you must have a Getzpay Account which is in good standing with Getzpay, in accordance with the Getzpay Terms of Service. If you or Getzpay closes your Getzpay Account for any reason, your Getzpay Payments Account will also be closed and you will no longer be able to access the Services.
3. Buy using Getzpay
3.1 Processing payments
Getzpay facilitates a credit or debit card purchase by a Buyer from a Merchant that is registered with Getzpay to receive certain merchant payment processing services. Getzpay stores information from Buyers, such as their credit and debit card information. Getzpay processes Payment Transactions on behalf of Merchants, as the agent of the Merchant, through the appropriate credit card or debit card network. Buyer's payment obligation to Seller shall be deemed completed and discharged once payment is made.
You acknowledge and agree that your purchases of Products are transactions between you and the Merchant, and not with Getzpay or any of their affiliates. Neither Getzpay nor Getz are a party to your Payment Transaction for the purchase of Products, and Getzpay or other Getz affiliates are not a Buyer or a Seller in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a Getzpay Web Site.
3.2 Permissible Payment Transactions
You may only use Getzpay to process a Payment Transaction for a Product that is purchased from a Merchant through a legitimate, bona fide sale of the Product. Getzpay may not be used to process a Payment Transaction, or otherwise transfer money between a Buyer and Seller, that is unrelated to a purchase of a Product. Getzpay may not be used to receive cash advances from Merchant or to facilitate the purchase of cash equivalents (travelers checks, prepaid cards, money orders, etc.). You may not use Getzpay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Getzpay to purchase any Products that violate these Terms of Service, other policies or rules applicable to Getzpay, or Applicable Law. Failure to comply with these limitations may result in suspension or termination of your use of the Getzpay
3.3 Service Fees
Getzpay does not charge a fee to use Getzpay as a Buyer. The financial institution that issues your credit or debit card may charge a fee in connection with the debiting or charging of the credit or debit card resulting from the Payment Transaction. You should consult the terms and conditions governing your credit or debit card for more information about any such fees.
3.4 Disputes
In the scenario where a dispute occurs, buyers and merchants have to reach out to each other first and put in substantial effort to resolve the dispute themselves. If users are unable to resolve a dispute, Getzpay can mediate disputes between buyers and merchant if either party requests assistance. If this occurs, Getzpay will review the dispute and propose a non-binding solution, if appropriate. You acknowledge that any such feedback or ranking system represents solely the opinion of other users of the Getzpay, and is not an opinion, representation, or warranty by Getzpay with respect to other users of Getzpay.
You agree to release Getzpay, and other Getzpay affiliates, and their agents, contractors, officers and employees, from all chargebacks, claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute. You agree that you will not involve Getzpay in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement with any Seller, other Buyer, advertiser or other third party in connection with the Service. If you attempt to do so, (i) you shall pay all costs and attorneys' fees of Getzpay and other Getzpay affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth below.
3.5 Refunds
Except as set forth in these Terms of Service, all Payment Transactions processed through the Getzpay Service are non-refundable and non-reversible to Buyer by Getzpay. You should review your periodic statement received from the issuer of your credit card or debit card which will reflect all purchase transactions through the Getzpay.
4. Getzpay
4.1 General Description of Getzpay
Getzpay allows you to make Payment Transactions in two ways using a credit or debit card registered with Getzpay: (i)online on certain merchant websites (ii)in-app purchase. Getzpay may store your credit or debit card information in your Getzpay Account, on Getzpay's servers, for purchases. Getzpay may also enable you to access Offers, Loyalty Programs, rewards and gift cards. Getzpay and its various features may only be available for use in certain regions, with certain cards or card-issuing banks, or with certain merchants. Such regions, cards, banks, and merchants are subject to change at any time.
4.2
(a) Getting Started
You must have a Getzpay Account to use Getzpay. You may set up the Service using either the Getzpay website or the mobile application. After you have provided the requested information and attempted to add a credit or debit card to Getzpay, Getzpay will check both whether your card's issuer currently supports the Service and whether the card itself is eligible to be used with Getzpay. If your card's issuer supports Getzpay and your card is eligible, when adding it you will see a screen asking you to accept the card issuer's terms and conditions.
(b) Use of Getzpay
Your use of Getzpay is governed by these Terms of Service as well as your card issuer's applicable cardholder agreement and privacy policy. Nothing in these Terms of Service modifies such issuer terms or privacy policy. You acknowledge that the Getzpay app may display your recent transaction history for each card used with Getzpay. You agree not to use Getzpay for unlawful or fraudulent purposes, or otherwise in violation of applicable law and regulation. You agree not to directly or indirectly interfere with, disrupt, or otherwise misuse the Getzpay Service, including any of its related servers, networks, or other infrastructure. You agree that Getzpay is for your personal use, with your own credit or debit cards. If you use Getzpay with an eligible corporate card, you agree that you are doing so with your employer's authorization and with the ability to bind your employer to these Terms of Service.
(c) Getz's Role
You acknowledge and agree that your purchases through Getzpay are transactions between you and the merchant and not with Getzpay or any of their affiliates. For disputes relating to Payment Transactions conducted using Getzpay, contact your card's issuer or the appropriate merchant. Getzpay is not a party to your registered credit or debit cardholder agreements, and neither is involved in issuing credit or determining eligibility for credit. Getzpay does not make any representation or verify that any of your credit and debit cards are in good standing or that the issuer of your credit and debit cards will authorize or approve any purchase of Products from a merchant when you use Getzpay in connection with that purchase.
(d) Closing Your Account
(i) How to Close Your Account
You may close your Account at any time by following the instructions in your Account Profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any balances associated with Redemption Codes, unless otherwise legally prohibited.
(ii) Limitations on Closing Your Account
You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect Getzpay, Affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.
(e) Customer Service
If you have an inquiry regarding a payment made with Getzpay or you believe there has been an error or unauthorized transaction regarding a payment transaction using Getzpay please contact Getz at support@getz.me.
(f) Errors and Unauthorized Transactions
Getz provides you with certain rights and protections in the event of an error or unauthorized transaction arising from your use of Getzpay to make a payment to a merchant. You may also have certain rights and protections that are provided to you under your agreement with the issuer of your credit or debit card or Applicable Law with respect to the charges for a purchase payment made to your registered credit or debit card. You should consult your agreement with the issuer of your credit or debit card for details.
(g) Fees
Getzpay does not charge any fees for paying through Getzpay.
C. General Terms
The terms in this Part C (General Terms) are applicable to all Services described in these Terms of Service.
5. Use of Services
5.1 Limitations
Notwithstanding any limitations described elsewhere in these Terms of Service, we may establish general practices and limits concerning use of the Services, including without limitation individual or aggregate transaction limits on the dollar amount or number of transactions during any specified time period(s). We reserve the right to change, suspend or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any Service feature, without notice and without liability. We also reserve the right to impose limits on certain Service features or restrict access to some or all of the Services without notice and without liability. We may decline to process any transaction without prior notice to you.
Getzpay may delay, hold, cancel or reverse processing of any transaction if:
- (a) a Sender makes a claim to Getzpay for a refund or other reversal, or
- (b) Getzpay, in its sole discretion, believes that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates Applicable Law, these Terms of Service, or any applicable Getzpay policies.
Buyer authorizes the charge or debit to Buyer’s credit or debit card, by Getzpay as agent of the Merchant, as necessary to complete processing of a Payment Transaction. Buyer also authorizes the crediting or debiting, as applicable, to Buyer's credit or debit card, by Getzpay as agent of the Merchant, in connection with chargebacks, reversals, refunds, or adjustments through the Service by a Merchant.
We may limit or suspend your use of one or more Services at any time, in our sole and absolute discretion. If we suspend your use of a Service, we will attempt to notify you by electronic mail. Suspension of your use of a Service will not affect your rights and obligations pursuant to these Terms of Service arising before or after such suspension or with respect to any non-terminated Services.
5.2 Fraud
If you believe your Getzpay Account has been opened or used in an unauthorized manner, please contact us at support@getz.me. Also, please see our website for more information on how Getz protects you from fraud.
5.3 Getzpay is Not a Banking Institution or Issuer
Getzpay is not a bank or other chartered depository institution. Getzpay is not an issuer of any credit or debit card or other item stored as a Valuable, unless expressly stated otherwise.
These Terms of Service do not amend or otherwise modify your agreement with the issuer of your credit or debit card, and you are responsible for ensuring your use of the Services complies with such agreements. You also are responsible for all charges and/or debits to your credit and debit card resulting from purchases of Products in accordance with such agreements. In the event of any inconsistency between these Terms of Service and your agreement with the issuer of your credit and debit card, these Terms of Service govern the relationship between you and Getzpay solely with respect to the Services, and your agreement with the issuer of your credit and debit card governs the relationship between you and the issuer of such item. You acknowledge and agree that you are solely responsible for the credit and debit card and any other information you enter or otherwise store in Getzpay. Getzpay is not responsible for the accuracy or availability of any information you enter or otherwise store with the Services, including, without limitation, whether such information is current and up-to-date.
5.4 Communication with Issuers
By electing to use Getzpay, you authorize Getzpay, directly or through such Service, to communicate with the issuer of your credit and debit card, to provide or obtain any information required by that issuer. In providing this information, an issuer does not endorse and is not responsible for Getzpay.
5.5 Third Party Providers
Getz may have arranged for third party providers to provide products or services to you through the Services ("Third Party Providers"). In order to use these products or services, you may be required to agree to additional terms and conditions from those Third Party Providers, and may be subject to additional requirements of the Third Party Provider. By agreeing to these Terms of Service or continuing to use the Services, you hereby agree to any Third Party Provider terms that apply to your use of such products and services through the Services, which may be updated from time to time. For avoidance of doubt, these Third Party Provider terms are between you and the applicable Third Party Provider, not Getz.
5.6 Advertising
Some of the Services' features may be supported by advertising revenue and may display advertisements and promotions. In consideration for Getzpay granting you access to and use of the Services, you agree that Getzpay may place such advertising. In addition, you may have the choice to opt-in to allowing information from the Services to be used by Getzpay, in order to present you with more relevant advertising.
5.7 Third Party Fees
You are responsible for any fees charged by the issuer of your credit and debit cards.
5.8 No Relationship with Issuer of Credit and Debits
Use of the Services is not approved by or offered in conjunction with the issuer of your credit and debit cards. Your credit and debit card issuer may impose fees, transaction limits, or other limitations on transactions incurred using the Services.
5.9 Instruction Regarding Consumer Reports
You instruct and authorize Getzpay to obtain consumer reports about you, as the term "consumer reports" is defined under the Fair Credit Reporting Act, and to use the information contained in such consumer reports to evaluate your prospective or ongoing eligibility to use the Services, to detect and prevent fraud, and to create, evaluate, and modify Getzpay risk management and mitigation tools, and to otherwise improve Getz's Services.
6. Privacy
You understand and agree that personal information provided to Getzpay in connection with the Services is subject to the Getzpay Privacy Agreement.
By agreeing to these Terms of Service you hereby agree to the Getzpay Privacy Agreement, which may be updated by Getzpay from time to time. You understand and agree that, to the extent permitted by Applicable Law, any data you provide to Getzpay in connection with the Services may be shared with Getzpay and, conversely, any data you provide to Getzpay in connection with the Services may be shared with Getzpay.
You may opt-in to providing location data through your mobile device so that Getzpay can provide you with more relevant advertising and payment information. If you opt-in to providing location data, you consent to the collection, use, sharing, and onward transfer of location data, as further set forth in the Getzpay Privacy Policy.
7. Username and Password Information
You are responsible for:
- (a) maintaining the confidentiality of your username and password,
- (b) any and all transactions by persons that you give access to or that otherwise use such username or password, and
- (c) any and all consequences of use or misuse of your username and password. You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security regarding the Services of which you have knowledge.
If you are a business entity, you agree that all officers, employees, agents, representatives and others having access to the username and/or password shall be vested by you with the authority to use the Services and to legally bind you. You shall be responsible for all actions by current and former officers, employees, agents, representatives and others, regardless of whether authorized by you, that access the Services using the business' user name and password.
8. Electronic Communications
Getz and Third Party Providers may be required to provide certain disclosures, notices and communications (collectively "Communications") to you in written form. Pursuant to these Terms of Service, we will deliver such Communications to you in electronic form. Your agreement to these Terms of Service confirms your ability and consent to receive such Communications electronically, rather than in paper form.
9.1 Electronic delivery of communications
You agree and consent to receive electronically all Communications provided to you in connection with your Getzpay Payments Account and your use of the Services.
Communications include:
- (a) agreements and policies you must agree to in order to use the Services (e.g., these Terms of Service and the Getzpay Privacy Agreement), including updates to those agreements and policies;
- (b) payment authorizations and transaction receipts or confirmations;
- (c) account statements and history; and,
- (d) all other communications or documents related to or about your account and your use of the Services.
Electronic Communications shall be deemed to be received by you upon delivery in the following manner:
- (a) posting them to your Getzpay Account on the Getzpay Payments or Getzpay website or in an associated mobile application;
- (b) posting them on or in a website or mobile application associated with Getzpay or the Services;
- (c) sending them via electronic mail to the email address you used to create your Getz and Getzpay Payments Account registrations; or
- (d) otherwise communicating them to you via the Services.
It is your responsibility to open and review Communications that we deliver to you through the methods described above. We may, but are not obligated to under these Terms of Service, provide you with notice of the availability of a Communication that is delivered in one of the methods described above (for example, by informing you of such Communication through a notification sent to your mobile device).
You should maintain copies of electronic Communications by printing paper copies or saving electronic copies, as applicable.
9.2 Hardware and software requirements
In order to access and retain electronic Communications, you will need to maintain or have access to the following computer hardware and software at your own expense:
- (a) a computer or mobile device with Internet or mobile connectivity;
- (b) a current web browser that includes 128-bit encryption (e.g. Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
- (c) the appropriate mobile application, in the case of Communications delivered through such application,
- (d) software capable of opening documents in PDF format;
- (e) access to the valid email address you used to create your Getzpay Account registrations; and,
- (f) sufficient storage space to save past Communications or a printer to print them.
By giving your consent to these Terms of Service, you confirm that you are able to meet the above requirements, and that you can receive, open, and print or save any Communications referenced in these Terms of Services for your records.
9.3 Requesting additional copies and withdrawing consent
The following additional terms will apply to such electronic Communications:
- (a) you may contact Getzpay or the Third Party Provider, as applicable, to request another electronic copy of the electronic Communication without a fee;
- (b) you may request a paper copy of such electronic Communication within ninety days of the original Communication issuance date, and Getzpay, or the Third Party Provider, as applicable, reserves the right to charge a fee to provide such paper copy;
- (c) you may contact Getzpay to update your registration information used for electronic Communications or to withdraw consent to receive electronic Communications; and
- (d) Getzpay or the Third Party Provider reserves the right to terminate your use of the Services and the associated Third Party Provider products and services if you decline or withdraw consent to receive electronic Communications.
You may contact Getz in relation to this Section 9 at support@getz.me.
10. Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of one or more Services for any reason, including without limitation inactivity or violation of these Terms of Service or other policies we may establish from time to time.
Upon termination of your use of the Services, you remain liable for all Payment Transactions and any other obligations you have incurred under these Terms of Service. Upon termination, we have the right to prohibit your access to the Services, including without limitation by deactivating your username and password, and to refuse future access to the Services by you or if a business entity, its parent, affiliates or subsidiaries or its or their successors).
11. Responsibility for Taxes
The reporting and payment of any applicable taxes arising from the use of the Services is your responsibility. You hereby agree to comply with any and all applicable tax laws in connection with your use of the Services, including without limitation, the reporting and payment of any taxes arising in connection with Payment Transactions made through the Services.
12. No Endorsement of Products
Getzpay do not represent or endorse, and shall not be responsible for:
- (a) the reliability or performance of any Seller, merchant or Third Party Provider;
- (b) the safety, quality, accuracy, reliability, integrity or legality of any Product, Offer and Loyalty Program.
- (c) Getzpay hereby disclaim any liability or responsibility for errors or omissions in any Content in the Services. Getzpay reserve the right, but shall have no responsibility, to edit, modify, refuse to post or remove any Content, in whole or in part, that in its sole and absolute discretion is objectionable, erroneous, illegal, fraudulent or otherwise in violation of these Terms of Service.
13. Indemnification
You agree to indemnify, defend and hold harmless Getzpay, and their subsidiaries and other affiliates, and its and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from:
- (a) your use of the Services;
- (b) any breach or non-compliance by you of any term of these Terms of Service or any Getzpay Party policies;
- (c) any dispute or litigation caused by your actions or omissions; or
- (d) your negligence or violation or alleged violation of any Applicable Law or rights of a third party.
14. Disclaimer
THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE SERVICES, ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, GETZPAY, AND THEIR SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR AGENTS, CO-BRANDERS OR OTHER PARTNERS, INCLUDING BUT NOT LIMITED TO, DEVICE MANUFACTURERS (COLLECTIVELY, "GETZPAY PARTIES"), MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER FOR THE SERVICES OR THE CONTENT, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SERVICES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICES. EACH GETZPAY PARTY DISCLAIMS WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE GETZPAY PARTIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. THE GETZPAY PARTIES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS.
THE GETZPAY PARTIES ARE NOT RESPONSIBLE FOR THE ACCURACY OF ANY CREDIT OR DEBIT CARD INFORMATION, INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE. WITHOUT LIMITING THE GENERALITY OF THE PRECEDING SENTENCE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT SUCH INFORMATION IS REPORTED BY THE ISSUER AS OF A PARTICULAR TIME ESTABLISHED BY THE ISSUER AND MAY NOT ACCURATELY REFLECT YOUR CURRENT TRANSACTIONS, AVAILABLE BALANCE, OR OTHER ACCOUNT OR PROGRAM DETAILS AT THE TIME THEY ARE DISPLAYED TO YOU THROUGH THE SERVICES OR AT THE TIME YOU MAKE A PURCHASE OR REDEMPTION. YOU MAY INCUR FEES, SUCH AS OVERDRAFT FEES OR OTHER CHARGES AS A RESULT OF SUCH TRANSACTIONS, PER YOUR AGREEMENT WITH YOUR CREDIT OR DEBIT CARD ISSUER, OR YOUR ATTEMPT TO MAKE A PURCHASE OR REDEMPTION MAY NOT BE SUCCESSFUL.
16. Limitations of Liability; Force Majeure
IN NO EVENT SHALL ANY GETZPAY PARTY BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY, DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH ANY GETZ PARTY OR THE SERVICES, OR ANY GOODS, SERVICES, OR INFORMATION PURCHASED, RECEIVED, SOLD, OR PAID FOR BY WAY OF THE SERVICES, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE GETZPAY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. IN NO EVENT SHALL THE GETZPAY PARTIES' TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THESE TERMS OF SERVICE EXCEED THE NET FEES GETZPAY HAS ACTUALLY RECEIVED AND RETAINED FROM YOUR VALID TRANSACTIONS DURING THE THREE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
Each party acknowledges that the other party has entered into these Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. In addition to and without limiting any of the foregoing, no Getzpay Party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
17. Governing Law
These Terms of Service shall be governed by the laws of Singapore, except for Singapore's choice of law rules, and applicable federal Singapore laws. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.
18. Notice
In addition to the electronic communications authorized under the Section entitled, "Electronic Communications", statements, notices and other communications to you may be made by mail, email, postings on the Getzpay Web Sites or other reasonable means. We may also provide notices of changes to the Terms of Service or other matters by displaying links to notices on the Getzpay Web Sites.
19. Modification of Terms of Service
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of these Terms of Service at any time by posting notification here or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of the Services.
20. Assignment
You may not assign these Terms of Service or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms of Service and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms of Service shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.
21. Survival
Upon termination of your use of the Services or termination of these Terms of Service for any reason, in addition to this section, section (s) 4.2(d) (Closing your account), 3.4 (Disputes), 5 (General Terms), 1 (Definitions) and 17 (Governing Law) as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
22. English Language Controls
Any translation of these Terms of Service is provided for your convenience. The meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
23. Other Provisions
The failure of Getzpay to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms of Service, including Getzpay’s policies governing the Services referenced herein, constitute the entire agreement between you and Getz with respect to the use of the Services. These Terms of Service are not intended and shall not be construed to create any rights or remedies in any parties other than you and Getzpay, and other Getz’s affiliates which each shall be a third party beneficiary of these Terms of Service, and no other person shall assert any rights as a third party beneficiary hereunder.