Terms of Service

Version as at 6 October 2021

A. Important

1. Please read these terms and conditions carefully before accessing this website and using the online services. You agree to be bound by the following terms and conditions. If you do not accept any of these terms and conditions, please immediately discontinue your access to this website and use of the online services. For an explanation of defined terms, please refer to the Definitions section at the end of these terms and conditions.

B. Disclaimer

2. The information and materials contained in or accessed through this website are provided on an “as is” and “as available” basis. We do not warrant the accuracy, adequacy, completeness or reasonableness of the information and materials contained in or accessed through this website and expressly disclaims liability from any errors in, or omissions from, such information and materials. No warranty of any kind, implied, express or statutory (including, but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third party intellectual property rights, fitness for a particular purposes and freedom from computer virus and other malicious code), is given in conjunction with such information and materials, or this website in general.

3. Under no circumstances shall we be liable regardless of the form of action for any failure of performance, system, server or connection failure, error, omission, interruption, breach of security, computer virus, malicious code, corruption, delay in operation or transmission, transmission error or unavailability of access in connection with your accessing this website and using the online services even if we had been advised as to the possibility.

4. In no event shall we be liable to you or any other party for any damages, losses, expenses or costs whatsoever (including, without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your accessing this website and using the online services, regardless of the form of action and even if we had been advised as to the possibility of such damages.

C. Indemnity

5. You hereby agree to indemnify and hold us harmless against all damages, losses, expenses and costs suffered or incurred by us in connection with or arising from (i) your access to this website and use of its online services, or (ii) any other party’s access to this website and use of its online services using your login details, or (iii) your breach of any of these terms and conditions, or (iv) any other party’s breach of any of these terms and conditions using your login details.

D. Hyperlinks

6. For your convenience, we may include hyperlinks to websites that are owned and operated by third parties. Such linked websites are not under the control of us and we cannot accept responsibility for the contents of or the consequences of accessing any linked website or hyperlink contained in a linked website. Furthermore, the hyperlinks provided in this website shall not be considered or construed as an endorsement or verification of such linked website or its contents by us. You agree that your access to and use of such linked websites is entirely at your own risk and subject to the terms and conditions contained therein.

E. Subscriptions & Payments

7. Subscription period

a. The online services or some parts of the online services are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as but not limited to daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

b. At the end of each period, your Subscription will automatically renew for the same period at the prevailing rates unless cancelled by you or us.

8. Subscription cancellation

a. You may cancel your Subscription renewal through the relevant settings page in your Account.

b. You will not receive a refund for the fees you already paid for your current Subscription period and you will be able to access the paid online services until the end of your current Subscription period.

9. Billing

a. All benefit of the online services are provided solely to you and are strictly non-transferable, non-refundable and non-exchangeable for cash, credit or other items and/or benefits.

b. You shall provide us accurate and complete billing and payment method information.

c. Should automatic billing fail to occur for any reason, or if your owings to us are not settled on time, your access to the online services requiring payment may be restricted and/or suspended until full payment is made. We reserve the right to downgrade your Subscription to a free plan (if any), cancel your Subscription or delete your accounts and data if full payment is not received when due.

d. We may bill you for associated services consumed through the online services on behalf of such service providers. We shall not be liable for their services. Your personal information may be transmitted to such service providers for billing purposes. If you cease to be our customer, you will no longer be able to be billed for the associated services through us, but you shall remain responsible for all charges incurred prior to such cessation.

F. Access & Use

14. You agree and undertake, in connection with the website and online services, and whether by yourself or in assisting others, to:

a. not use any equipment, device, software or material which you know or have reason to suspect contains any viruses, malicious code or damaging components which may interfere with the operation of the website or online services, or corrupt data or software on or provided through the website or online services;

b. not transmit any materials or information through the website or online services which are or may be offensive, indecent, defamatory, fraudulent, criminal or which may not be lawfully disseminated under applicable laws or which you know or have reason to suspect contains any viruses, malicious code or damaging components;

c. not probe, scan or test the vulnerability of the website or any online services without our prior express written consent;

d. not breach or otherwise circumvent any security or authentication measures;

e. not abuse referrals or promotions to get more features than deserved or to sell features received from referrals or promotions;

f. not circumvent feature limits;

g. not sell the online services unless specifically authorised to do so;

h. not harass or abuse our personnel or representatives or agents performing services on behalf of us;

i. not violate the privacy of or infringe the rights of others;

j. access the website and use the online services in conformity with all applicable laws, the acceptable use policies of any connected computer networks and any applicable Internet standards.

15. We may at any time without notice to you determine and vary the (a) frequency and operating hours of, and manner of access to, the website and use of its online services, and (b) the types of information, facilities and services available.

16. You will be responsible for all transactions made by the use or purported use of the website and its online services by any person, with or without your authority, knowledge or consent, and may not claim against us in respect of any such use or purported use.

17. We may at any time, without notice to you and without assigning any reason therefor, and without liability for any inconvenience, loss, damage or injury suffered by you or any third party:

a. limit, suspend or terminate any or all of the website and/or its online services;

b. disallow any transaction or allow a transaction subject to such conditions as we see fit; or

c. revoke or suspend your, or any person’s, right and authority to access the website and use the online services.

G. Authorised User

18. You acknowledge and confirm that any persons that you have authorised or are deemed to have authorised to access and/or use the online services directly or indirectly in relation to you (all such persons to be collectively referred to as the "Authorised Users"), are, subject to any restrictions that we may impose, severally empowered and authorised to give orders or instructions through the online services on your behalf and shall act, without prejudice to any other capacity which such person may be transacting under, as your agent when accessing and/or using the website or online services, directly or indirectly in relation to you.

19. You acknowledge and confirm that we shall be authorised to disclose your information to your Authorised Users or any persons whom we reasonably believe in good faith to be your Authorised Users.

20. You acknowledge and agree that all use and/or access of the website and online services by your Authorised Users shall be deemed your use. All references to your access or use of the website or online services shall be deemed to include the Authorised User's use and/or access where applicable. You shall procure and ensure that each of your Authorised Users is aware of and complies with the terms of this Agreement in relation to you.

21. Where you are accessing this website or using the online services as an Authorised User, you agree that:

a. the terms and conditions of this Agreement shall apply to any such access or use; and

b. you shall be bound by and shall comply with all other terms and conditions or restrictions applicable to you in connection with such use.

H. Instructions

22. You agree to be bound by any access or use of the website or online services (whether such access or use are authorised by you or not) which are referable to your information or Security Codes or those of your Authorised User. You agree and acknowledge that any use of or access to the website or online services referable to your information or Security Codes or those of your Authorised Users and any Instructions shall be deemed to be, as the case may be:

a. use of or access to the website or online services by you or your Authorised Users; or

b. Instructions transmitted or validly issued by you or your Authorised Users.

23. You further agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you or your Authorised Users and you waive all rights and remedies against us in respect of any loss, damage or expense thereby arising. You will be responsible and shall be liable for all Instructions.

24. We are under no obligation to investigate the authenticity or authority of persons effecting the Instructions or to verify the accuracy and completeness of the Instructions. Accordingly, we may (a) treat the Instructions as valid and binding on you; and/or (b) reveal your information to such persons notwithstanding any unauthorised access to the website or online services, error, fraud, forgery, lack of clarity or misunderstanding in the terms of the Instructions. Any loss, damage or expense resulting from the use of the website or online services by you or your Authorised Users are entirely at your own risk and we shall not be liable therefor.

25. All Instructions will be deemed to be irrevocable and unconditional upon transmission through the website or online services and we shall be entitled (but not obliged) to effect, perform or process such Instruction(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances you may request to cancel or amend the Electronic Instructions which we will endeavour to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, we are not obliged to give effect to any request to cancel or amend any Instruction.

26. Instructions may not have been received by us and accordingly, may not be carried out or processed, and we will not be liable for any loss, damage or expense which thereby arises. You are therefore advised to check on such Instructions via the website or online services or otherwise. Unless otherwise stated or determined in our absolute discretion any Instruction received by us after the relevant cut-off time on a business day (as determined by us from time to time) or on a non-business day in Singapore will be treated as an Instruction received on the next business day.

27. You acknowledge and agree that we may at any time at our sole discretion and without stating reasons:

a. require that you identify yourself by alternative means;

b. require any Instructions to be confirmed through alternative means;

c. refrain from acting promptly upon any Instructions in order to verify the authenticity of any Instructions or your identity;

d. determine the order of priority in effecting the Instructions,

e. decline to act on the Instructions at any time without prior notice or giving any reason, where:

i. the Instructions are ambiguous, incomplete or inconsistent with your other instructions or instructions, information and/or data;

ii. the Instructions have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by the relevant regulatory or governmental body;

iii. the Instructions cannot be processed due to any disruptions that are beyond our reasonable control;

without incurring any responsibility for loss, liability or expense arising out of so declining to act.

28. You agree and acknowledge that Instructions may not be processed immediately, around the clock or in a timely manner, and that we will not thereby be liable for any loss, damage or expense suffered by you as a result of any delay.

29. You shall be solely responsible for ensuring the accuracy, adequacy and completeness of the Instructions and we shall not be obliged to verify the accuracy, adequacy and completeness of such instructions. You agree that we shall not be liable for any loss, damage or expense suffered by you as a result of any Instructions being inaccurate, inadequate or incomplete in any way.

I. Security

30. Use of the online services may require the use of Security Codes. Your Security Codes may be dispatched by us, at your risk: by mail to your last known address, by email to your last known email address, or in such other manner as we may prescribe. You agree to hold us harmless if any other person obtains possession of any of your Security Codes or Security Device.

31. Separate Security Codes for your Authorised Users may be issued directly to your Authorised User on such conditions as determined by us from time to time and such issuance will be subject to the terms of this Agreement to be accepted in full by the Authorised User in their personal capacity.

32. You are responsible for the confidentiality and use of your Security Codes. It is vital that you take steps to prevent disclosure or discovery of the Security Codes provided to you as you are liable for all losses incurred or transactions carried out in connection with any unauthorised use of the Security Codes or Security Devices and you may not claim against us in respect of any such use or purported use.

33. You must notify us by contacting us in the manner stipulated in the online services immediately if you have lost any of your Security Codes, Security Devices or have knowledge or have reason for suspecting that the confidentiality of the Security Codes have been compromised or if there has been any unauthorised use of the Security Codes (such as where you notice any unauthorised transactions or unauthorised access to your Accounts through the online services). Following the occurrence of any event referred to in this Clause, we may at our discretion issue replacement Security Codes and/or Security Devices and charge a replacement fee.

34. We may at our sole discretion require you to use and shall issue to you, replacement Security Codes or Security Devices.

35. All Security Devices provided to you by us are and will remain our property and you must return all Security Devices promptly upon our request or upon cancellation or termination of the online services. Security Devices must not be altered, tampered with, disassembled or in any way copied or modified, and must not be dealt with or exploited in any way without our written authorisation.

36. You shall notify us immediately upon receipt of any data or information which is not intended for you and you shall delete such data or information from your telecommunications device or equipment immediately.

37. If any Authorised User to whom the Security Codes and/or Security Devices are given is no longer authorised to use the online services in relation to your Account, you shall immediately notify us.

J. Copyright

38. Unless accompanied by an explicit statement to the contrary, all information and materials contained in or accessed through this website are protected by copyrights, trademarks, database rights or other intellectual property rights, and is the property of ours.

39. Except as otherwise specifically agreed in writing or to the extent necessary for your access to this website and use of its online services in accordance with these terms and conditions, you shall not (i) copy the website in whole or in part, (ii) display, reproduce, create derivative works from, transmit, sell, distribute, rent, lease, sublicense, timeshare, lend or transfer or in any way exploit the website in whole or in part, (iii) embed the website into other products, (iv) use the website in any timesharing arrangement, (v) create function calls or other embedded links from any software program to the website, (vi) remove or obscure any copyright notice of ours or any of its third party suppliers, (vii) use any trademarks, service markets, domain names, logos or other identifiers of ours or of any of its third party suppliers, or (viii) save to the extent permitted by law, reverse engineer, decompile, disassemble or access the source code of the website.

40. Nothing on the website is designed to grant any license or right to use any image, trademark or logo. No act of downloading or otherwise copying from the website will transfer any legal entitlement to any software, information or materials on the website to you. We reserve all intellectual property rights (including but not limited to copyrights, trademarks or database rights) to all information and materials on the website, and will enforce such rights to the full extent of the law.

K. Severability

41. To the extent that any provisions in these terms and conditions are found by any competent court or authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed to be severed from these terms and conditions but such finding shall not affect the validity, lawfulness or enforceability of these terms and conditions in any other jurisdiction.

L. Consent to Disclosure &
Use of Information

42. By accessing the website and/or using the online services, you acknowledge and accept the disclosure of your information to us, our affiliates or such other third party for the purpose of providing you access to the website and/or use of the online services, and sending you notices and communications relating to your access to the website and/or use of the online services, or to your business with us. Failure to allow such disclosure, access to or use of your information may result in our inability to offer or continue to offer the online services to you.

43. You will provide us with any information or documentation that we may reasonably request relating to your access of the website or use of the online services and shall cooperate with us in any related investigation or litigation.

44. Our authority to collect, use or disclose your information shall survive the termination of this Agreement, and our rights and abilities under this section shall be in addition to and without prejudice to our other rights of disclosure under and pursuant to any other agreement you have with us, or any other laws and nothing herein is to be construed as limiting any of those other rights.

45. Neither we nor any of our personnel shall be liable for any loss or damage suffered by you as a result of any disclosure of any information which you have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under the applicable laws.

46. For information on how we collect, use and disclose personal data, please request our Personal Data Protection Policy Statement from us using the contact form on www.bantexapp.com.

M. Personal Data Protection Statement

47. This statement applies to any individual’s personal data which is accessible to us in the clear, and in our possession or under our control.

48. In this statement, “personal data” refers to data, whether true or not, that can be used to uniquely identify a natural person. Personal data can be collected from various sources and processed by us. Such data includes but is not limited to your personal particulars, financial details, images and biometrics, personal opinions made known to us and information relating to your activities, preferences and interests arising from your use of the products and services of us, our affiliates or our partners or vendors, and other data or information relating to you through the usage of the online services or as part of the delivery of the online services to you.

49. We may use your personal data for our core business purposes, which includes without limitation:

a. developing and providing products or services (whether made available by us or through us);

b. assessing and processing applications, Instructions or requests from you or any Authorised User;

c. communicating with you, including providing you with updates on changes to products and services (whether made available by us or through us) including any additions, expansions, suspensions and replacements of or to such products and services and their terms and conditions;

d. managing our infrastructure, business operations and complying with internal policies and procedures;

e. responding to queries or feedback;

f. addressing or investigating any complaints, claims or disputes;

g. verifying your identity for the purposes of providing any products or services;

h. conducting credit checks, screenings or due diligence checks as may be required under applicable law, regulation or directive;

i. complying with all applicable laws, regulations, rules, directives, orders, instructions, guidance and requests from any local or foreign authorities, including regulatory, governmental, tax and law enforcement authorities or other authorities;

j. monitoring products and services provided by or made available through us;

k. financial reporting, regulatory reporting, management reporting, risk management (including monitoring credit exposures), audit and record keeping purposes;

l. enabling any actual or proposed assignee or transferee, participant or sub-participant of our rights or obligations to evaluate any proposed transaction;

m. enforcing obligations owed to us

n. in connection with performance of duties when seeking consultancy or professional advice, including legal advice; and/or

o. administering benefits or entitlements in connection with our relationship with you, including the administration of loyalty, rewards programmes, lucky draws, and/or sending gifts and awards sent by post or left at your last known address or sent to your last known email will be deemed to be received by you on the day following such posting or transmission or on the day when it was so left; or

p. for such purposes set out in the terms and conditions governing our relationship with you or Authorized User.

50. We may use your personal data to offer you products or services, including special offers, promotions, contests or entitlements that may be of interest to you or for which you may be eligible. Such marketing messages may be sent to you in various modes including but not limited to electronic mail, direct mailers, short message service, telephone calls, facsimile and other mobile messaging services.

51. If you are in Singapore, in respect of sending telemarketing messages to your Singapore telephone number via short message service, telephone calls (voice or video), facsimile and other mobile messaging services, we will only do so if:

a. you have provided your clear and unambiguous consent in writing or other recorded form for us to do so, which shall override any registration of that number with the Singapore National Do Not Call Registry; or

b. you have not indicated to us in our ongoing relationship that you do not wish to receive telemarketing messages sent to your Singapore telephone number and you have not registered that number with the Singapore National Do Not Call Registry.

52. We may from time to time and in compliance with all applicable laws on data privacy, disclose your personal data to any of our personnel or to third parties, whether located in Singapore or elsewhere, in order to carry out the purposes set out above.

53. We may transfer, store, process and/or deal with your personal data outside Singapore. In doing so, we will comply with applicable data protection laws.

54. Our products and services may use cookies. A cookie is a small text file placed on your computer or mobile device when you visit a web site or use an app. We use cookies and other technologies to facilitate your internet sessions and use of our products and services, offer you products and/or services according to your preferred settings, track use of our products and services and to compile statistics about activities carried out on our web sites and/or through our products and services. We may also use web beacons or similar technologies with or without cookies.

55. You may set up your web browser to block cookies or you may also remove cookies stored from your computer or mobile device. However, this may limit certain features and functions in your use of the relevant products and services.

56. Your personal data is retained as long as the purpose for which it was collected remains and until it is no longer necessary for any other legal or business purposes.

57. You may request access or make corrections to your personal data held by us. We may charge a fee for processing your request for access. Such a fee depends on the nature and complexity of your access request. Information on the processing fee will be made available to you upon reasonable request.

58. This statement may be amended by us from time to time. We will make available the statement on www.bantexapp.com all communications, transactions and dealing with us shall be subject to the latest version of this statement in force at the time.

59. To contact us on any aspect of this statement or your personal data, please contact us using the contact form on www.bantexapp.com.

N. Notices

60. All notices or other communications given by us to you if:

a. sent by post or left at your last known address or sent to your last known email will be deemed to be received by you on the day following such posting or transmission or on the day when it was so left; or

b. communicated through any print or electronic media (including but not limited to via this website or online services) as we may select will be deemed to be notified to you on the date of publication or broadcast.

O. Records

61. Our records of information or transactions shall be conclusive against and binding on you except in the case of manifest error. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system, and you hereby waive any of your rights (if any) to so object.

P. No Waiver

62. No failure to exercise, nor any delay in exercising, on our part any right or remedy under this Agreement will operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. Our rights and remedies in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.

Q. Miscellaneous

63. We reserve the right to use any providers, subcontractors and/or agents on such terms as we deem appropriate.

64. Except for our affiliates, providers, subcontractors and agents, no person or entity who is not a party to this Agreement shall have any right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, this shall not affect the rights of any permitted assignee or transferee of this Agreement.

65. The information and materials contained in or accessed through this website or the online services are subject to change (including, without limitation, modification, deletion or replacement thereof) without notice.

66. We may without giving any reason vary this Agreement at any time with or without prior notice to you. We will post the most current version of this Agreement at www.bantexapp.com. You shall not hold us liable for any loss you may incur due to the discontinuance, suspension or substitution of any benefits or features you previously enjoyed. Your continued access of this website and use of the online services means you are consenting to the latest version of this Agreement in force at the time.

67. We, our affiliates, providers, subcontractors and agents shall not be liable for any non-performance, error, interruption or delay in the performance of any obligations under this Agreement or in the website’s or online services’ operation, or for any inaccuracy, unreliability or unsuitability of the online services if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control (which includes acts of God, natural disasters, acts of terrorism, embargoes, epidemics, acts of any government or authority, power failures, and the acts or a party for whom we, our affiliates, providers, subcontractors and agents are not responsible for).

R. Governing Law and Jurisdiction

68. Nothing herein shall be construed as a representation by us that the information and materials contained in or accessed through this website is appropriate or available for use in jurisdictions other than Singapore. By accessing this website and using the online services, you agree that such access to this website and use of its online services, as well as these terms and conditions shall be governed by, and construed in accordance with, the laws of the Republic of Singapore, and you agree to submit to the exclusive jurisdiction of the Singapore courts.

S. Definitions

69. In this Agreement, unless the context otherwise requires:

a. “Account” means the specific electronic vault or custody account or engagement which you maintain with and through us;

b. "affiliate" means, in relation to any person, a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, such person;

c. “Instructions” means any communication, instruction, order, message, data, information or other materials received by us via the website, online services or any other channel and referable to your information, Security Codes or those of your Authorised Users (including use of your information or Security Codes or those of your Authorised Users by any person, whether authorised or unauthorised by you or your Authorised Users), from you or purporting to come from you or from your Authorised Users or purporting to come from your Authorised Users;

d. “online services” means any services offered or otherwise accessed in any manner through this website;.

e. “Security Codes” means personal or login identification details, Security Devices and other codes (including but not limited to passcodes, whether selected by you, generated for one-time use or otherwise) and access procedures for use in connection with access to and use of the website or online services;

f. "Security Devices" means any software, tokens, electronic devices, hardware or any other equipment required in conjunction with the Security Codes in order to enable you to access and/or use the website or online services;

g. “Subscription” means the online services or access to the online services (or such add-on, component or part thereof) offered on a subscription basis to you;

h. “this Agreement” means these terms and conditions as amended or supplemented;

i. “BDS” (which may also be referred to as “we”, “us” or “our”) means Bino Digital Solutions Pte. Ltd. and/or its affiliates;

j. “you” means the individual accessing or using the website and/or online services, or the company or legal entity on behalf of which such individual is accessing or using the website and/or online services, as applicable;

k. words importing the singular include the plural and vice versa;

l. words importing the masculine gender include the feminine or neuter gender and vice versa;

m. references to persons are to be construed as references to an individual, company or trust as the context requires; and

n. headings are for ease of reference and shall not affect the interpretation of any provision herein.