CHANGI PAY TERMS OF USE
ACCEPTANCE OF TERMS
(b) Liquid is the issuer and operator of Changi Pay, and the UserAccount is issued and operated by Liquid. In addition, the payment servicesrelating to the use of Changi Pay and the User Accounts are provided by Liquid.For the avoidance of doubt, Changi Airport Group (Singapore) Pte. Ltd. (“CAG”) is not the issuer and operator ofChangi Pay and the User Accounts, and CAG does not provide payment servicesrelating to the use of Changi Pay and the User Accounts.
(c) As a User of Changi Pay, you have the option of activatingthe e-money payment function in Changi Pay by linking your User Account with yourLiquid Account. After the e-money payment function is activated, you mayinitiate and execute payment transactions both locally and overseas using thee-money within your linked Liquid Account via Changi Pay at participatingmerchants (currently available in Singapore and China) who accept paymentsrouted through the Payment QR Networks. The creation and use of a LiquidAccount remains subject to Liquid’s terms of use which is available at https://liquidgroup.sg/liquid-account-terms-of-use/ ("Liquid Account Terms of Use”). In theevent of any inconsistency between the terms of this Agreement and the LiquidAccount Terms of Use insofar as it relates to Changi Pay, the terms of thisAgreement shall, unless otherwise provided, prevail.
SERVICES AND ELIGIBILITY
11. You mayupdate your contact information through your Changi Account only.
PAYMENT SERVICE
20A. Whereyour User Account is linked with your Liquid Account and you use your LiquidAccount to carry out payment transactions via Changi Pay and such paymenttransactions are charged in foreign currencies (i.e. not in Singapore dollars),the foreign currency exchange (FX) rate will be determined based on the relevantpayment amount and the payment currency for each transaction. The FX rate istransparent and fully displayed within Changi Pay when you are initiating theforeign currency payment transaction. You will be able to view the FX rateupfront and decide whether to proceed with payment.
CLOSING YOUR USER ACCOUNT
21. You may close your UserAccount at any time by writing to us with your request at support@liquidgroup.sg. Upon the closure of yourUser Account, we will cancel any pending transactions, unless legallyprohibited.
ERRONEOUS AND UNAUTHORISED TRANSACTIONS.
24. Notification Requirements. You should immediately notify us at support@liquidgroup.sg if you believe that:
· there has been an erroneous or unauthorized transactionor unauthorized access to your User Account;
· there is an error in your User Account transaction history(you can access your User Account transaction history by logging into your UserAccount on Changi Pay and clicking on a link to “History”);
· your password has been compromised;
· your Changi Pay mobile-activated phone has been lost,stolen or deactivated; or
· you need more information about a transaction listedon the statement or transaction confirmation.
25. When younotify us, please provide us with all of the following information:
· Your name, email address and mobile number registeredto your User Account;
· A description of any suspected erroneous or unauthorizedtransaction and an explanation as to why you believe it is so or why you needmore information to identify the transaction; and
· the amount of any suspected erroneous or unauthorized transaction.
26. Duringthe course of our investigation, we may request additional information fromyou.
27. After Your Notification. Once we receive your notification to us of anysuspected erroneous or unauthorized transaction, or we otherwise learn of one,we will do the following:
· We will conduct an investigation to determine whetherthere has been an erroneous or unauthorized transaction. We will complete ourinvestigation within a reasonable period from the date we received yournotification of the suspected erroneous or unauthorized transaction.
· We will inform you of our decision after completingour investigation. If we determine that there was an erroneous or unauthorized transaction,we will promptly credit the full amount into your User Account. If we decidethat it was not an erroneous or unauthorized transaction, we will include anexplanation of our decision in our email to you.
28. Credit/Debit/Charge Card Chargebacks. If you wish to dispute or invalidate a payment thatwas made on your credit/debit/charge card, you should contact yourcredit/debit/charge card company directly.
29. Your Errors. If you erroneously send a payment to the wrongparty, or send a payment for the wrong amount (for example, you made atypographical error), your only recourse will be to contact the party to whomyou sent the payment and ask them for a refund of the payment. Liquid will notreimburse you or reverse a payment that you have made in error.
RESTRICTED ACTIVITIES.
30. Restricted Activities. In connection with your use of our website, yourUser Account, our Services, Changi Pay or in the course of your interactionwith Liquid, other Users, or third parties, you acknowledge and agree that youwill not:
· breach this Agreement or any other policy or agreementthat you have agreed to with Liquid;
· violate any law, statute, ordinance, or regulation;
· infringe Liquid’s or any third party's copyright,patent, trademark, trade secret or other intellectual property rights, orrights of publicity or privacy;
· act in a manner that is defamatory, threatening orharassing to our employees, agents or other Users;
· provide false, inaccurate or misleading information;
· engage in any illegal, potentially fraudulent orsuspicious activity and/or transactions;
· refuse to cooperate in an investigation or provideconfirmation of your identity or any information you provide to us;
· control a User Account that is linked to another UserAccount that has engaged in any of these Restricted Activities;
· use our Services in a manner that results in or mayresult in complaints, Disputes, Claims, Chargebacks, fees, fines, penalties andother liability to Liquid, other Users, third parties or you;
· have a credit score from a credit reporting agencythat we may appoint that indicates a high level of risk associated with youruse of our Services;
· use your User Account or our Services in a manner thatLiquid, any card scheme, financial institution or any other electronic fundstransfer network reasonably believes to be an abuse of the card system or aviolation of card association or network rules;
· take any action that imposes an unreasonable or disproportionatelylarge load on our infrastructure;
· facilitate any viruses, trojan horses, worms or othercomputer programming routines that may damage, detrimentally interfere with,surreptitiously intercept or expropriate any system, data or information;
· use an anonymizing proxy; use any robot, spider, otherautomatic device, or manual process to monitor or copy Changi Pay or ourwebsite without our prior written permission;
· use any device, software or routine to bypass ourrobot exclusion headers, or interfere or attempt to interfere with our website,Changi Pay, User Accounts or our Services; or
· take any action that may cause us to lose any of theservices from our internet service providers, payment processors, or othersuppliers.
YOUR LIABILITY
31. General. You are responsible for all Claims, fees, fines, penalties and otherliability incurred by Liquid, a User, or a third party caused by or arising outof your breach of this Agreement, and/or your use of our Services. You agree toreimburse Liquid, a User, or a third party for any and all such liability.
32. Liability for instructions given by you on your UserAccount. Anyinstructions given by you on your User Account (whether verbal or in writing)once you have been authenticated will be relied on by Liquid. Liquid will notbe liable for any loss or damage you or anyone else suffers where we act onthose instructions in good faith, unless it has been proven that we werenegligent.
33. Actions by Liquid. If we, in our sole discretion, believe that you may haveengaged in any Restricted Activities, we may take various actions to protectus, our affiliates, other Users, other third parties or you from Chargebacks,Claims, fees, fines, penalties and any other liability. The actions we may takeinclude but are not limited to the following:
· We may close, suspend, or limit your access to yourUser Account or any of our Services; and
· We may refuse to provide our Services to you now andin the future.
34. Termination. Liquid, in its sole discretion, reserves the rightto terminate this Agreement and/or access to any of our Services for any reasonand at any time upon notice to you. If we limit access to your User Account, wewill provide you with notice of our actions, and the opportunity to requestrestoration of access if, in our sole discretion, we deem it appropriate.Further, you acknowledge that our decision to take certain actions, includinglimiting access to your User Account, may be based on confidential criteriathat is essential to our management of risk, the security of User Accounts andChangi Pay and system. You agree that we are under no obligation to disclosethe details of our risk management or security procedures to you.
DISPUTES WITH LIQUID.
35. Contact Us. If a dispute arises between you and us, pleasecontact us to allow us to learn about and address your concerns and/or toprovide you with options to resolving the dispute quickly. Disputes between youand us regarding our Services may be reported to us via support@liquidgroup.sg. For all queries and issues relating to paymenttransactions carried out with Changi Pay andUser Accounts, including voiding of payment transactions, disputing paymenttransactions, carrying out of refunds, use of vouchers that are published inChangi Pay (that are not issued by CAG), please contact us directly. Forgeneral queries on Changi Pay that are not related to payment transactionscarried out with Changi Pay, you may contact CAG in accordance with the CAGChangi Pay T&Cs.
36. Arbitration. Any claim (excluding claims for injunctive or otherequitable relief), dispute or controversy arising out of or in connection withthe terms of this Agreement, including any questions regarding its existence,validity, breach or termination, shall be referred to and finally resolved byarbitration in Singapore at the Singapore International Arbitration Centre (“SIAC”) or at such other venue inSingapore as the parties concerned may agree in writing or in accordance withthe SIAC Rules. A tribunal shall consist of a single arbitrator to be appointedby the chairman of the SIAC. The decision of the tribunal shall be final andbinding on the parties concerned. The language of the arbitration shall beEnglish. The parties concerned undertake to keep the arbitration proceedingsand all information, pleadings, documents, evidence and all matters relatingthereto confidential.
37. Notices to You. You agree that we may provide you communications aboutyour User Account, our Services and this Agreement electronically. We reservethe right to close your User Account if you withdraw your consent to receiveelectronic communications. Any electronic communication will be considered tobe received by you within 24 hours of the time we post it to Changi Pay oremail it to you. Any notice sent to you by postal mail will be deemed to bereceived by you 3 business days after we send it.
38. Insolvency Proceedings. If any proceeding by or against you is commencedunder any provision of any bankruptcy or insolvency law, we will be entitled torecover all reasonable costs or expenses (including reasonable attorneys’ feesand expenses) incurred in connection with the enforcement of this Agreement.
General Terms.
39. Governing Law. This Agreement shall be governed by and construed inall respects in accordance with the laws of Singapore, without regard toconflict of law provisions.
40. Notices to Us. Except as otherwise stated in this Agreement, allnotices to Liquid must be sent by postal mail to: Liquid Group Pte. Ltd.,Attention:Legal Department, 1 Coleman Street, #10-07, The Adelphi, Singapore 179803.
41. Limitations of Liability. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES ANDAFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES OR SUPPLIERS BE LIABLEFOR LOSS OF PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES(INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA OR LOSS OF BUSINESS)ARISING OUT OF OR IN CONNECTION WITH CHANGI PAY, OUR WEBSITE, OUR SERVICES, ORTHIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE) UNLESS AND TO THE FULLESTEXTENT PROHIBITED BY LAW OUR LIABILITY, AND THE LIABILITY OF OUR PARENT,SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES ANDSUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THEACTUAL AMOUNT OF DIRECT DAMAGES.
42. Services Limitation. We are not a bank and our Services are not bankingservices. We are not acting as a trustee, fiduciary or escrow with respect toyour funds, but for certain Services, we may act only as an agent andcustodian. We do not have control of, nor liability for, the goods or servicesthat are paid for with Changi Pay and User Accounts. We do not guarantee theidentity of any User or ensure that a Merchant will complete a transaction orthat a Merchant, financial institution or relevant third party will honour anyvouchers or balance amount in prepaid cards issued by third parties andpublished on Changi Pay.
43. No Warranty. CHANGI PAY AND OUR SERVICES ARE PROVIDED “AS IS” ANDWITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY.LIQUID, OUR PARENT AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEESAND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We donot have any control over the goods or services that are paid for with ChangiPay and User Accounts and we cannot ensure that a Merchant that you are dealingwith will actually complete the transaction or is authorized to do so. We donot guarantee continuous, uninterrupted or secure access to any part of ourServices, and operation of our website or Changi Pay or User Accounts may betemporarily suspended for maintenance or upgrade or interfered with by numerousfactors outside of our control. We will make reasonable efforts to ensure thatrequests for electronic debits and credits involving credit cards, charge cardsand debit cards are processed in a timely manner but we make no representationsor warranties regarding the amount of time needed to complete processingbecause our Services are dependent upon many factors outside of our control,such as delays in the banking system or mail service.
44. Third Party Hypertext Link or Websites. Any hyperlink from Changi Pay to any third partywebsite exists for information purposes and is for your convenience only. Weaccept no liability for any loss or damage arising directly or indirectly(including special, indirect, incidental or consequential loss or damage) fromany errors, omissions, or defects in any content, goods or services of any suchthird party website or any hyperlink contained in any such third party website,the privacy or security practices employed by such third party websites, or theuse of any content posted on or contained in such third party websites. Theinclusion of hyperlinks on Changi Pay does not imply any endorsement of thematerials on such hyperlinked websites.
45. You agreeto defend, indemnify and hold Liquid, its affiliates and the respectiveofficers, directors, agents, joint ventures, employees and suppliers harmlessfrom any claim, demand (including attorneys’ fees), fine, or other liabilityincurred by any third party due to or arising out of your or your employees’ oragents’ breach of this Agreement and/or use of our Services.
46. Modification to Changi Pay and website and your access. We reserve the right at any time and from time totime to modify, change, suspend, discontinue or restrict, either temporarily orpermanently, (a) any User’s access to Changi Pay or website or User Accounts(or any part thereof); or (b) the whole or any portion of Changi Pay or websiteor User Accounts and the Services provided therein, with or without notice.Liquid shall not be liable to you or any third party for any such modification,change, suspension, discontinuation or restriction.
47. Intellectual Property. All other URLs, logos and trademarks related to ourServices are either trademarks or registered trademarks of Liquid or itslicensors (including but not limited to CAG), as the case may be. You may notcopy, imitate or use them or any part thereof without our prior writtenconsent. In addition, all page headers, custom graphics, button icons, andscripts in relation to Changi Pay are service marks, trademarks, and/or tradedress of Liquid or CAG (as the case may be). You may not copy, imitate, or usethem without our prior written consent. All right, title and interest in and toChangi Pay, any content thereon, our Services, the technology related to ourServices, and any and all technology and any content created or derived fromany of the foregoing is the exclusive property of Liquid or its licensors(including CAG), as the case may be.
48. Calls to You; Mobile Telephone Numbers. By providing Liquid with your mobile number (whetherdirectly or through CAG), you consent to receiving calls, includingauto-dialled and pre-recorded messages from us at that number. You consent toreceiving text messages from us about your use of our Services at that number.
49. Password Security. You are responsible for maintaining adequate securityand control of any and all IDs, passwords, personal identification numbers(PINs), or any other codes or biometrics that you use to access our Services.
50. It isyour responsibility to determine what, if any, taxes apply to the payments youmake, and it is your responsibility to report and remit the correct tax to theappropriate tax authority. We are not responsible for determining whether taxesapply to your transaction, or for collecting, reporting or remitting any taxesarising from any transaction. Please be advised that you may be subject towithholding taxes or other tax liabilities with respect to importing servicesor goods from a foreign entity. It is your responsibility to check with yourlocal tax advisor to determine which taxes apply to you, and it is yourresponsibility to pay such taxes to the appropriate tax authority.
51. You maynot transfer or assign any rights or obligations you have under this Agreementwithout our prior written consent. We reserve the right to transfer (whether byway of novation or otherwise) or assign this Agreement or any right orobligation under this Agreement at any time, and uponsuch transfer, you shall be treated to have consented to such transfer and youshall enter into any agreement with Liquid and its transferee relating to thesaid transfer (if required by Liquid).
52. No Waiver. Our failure or delay to act with respect to a breach by you or othersdoes not waive our right to act with respect to such breach or any subsequentor similar breaches.
53. Entire Agreement. This Agreement and the Liquid Account Terms of Useconstitutes the entire agreement between you and Liquid relating to your use ofChangi Pay.
54. Third Party Rights. Save for Liquid, its affiliates and CAG, no personwho is not a party to this Agreement has any right under the Contracts (Rightsof Third Parties) Act, Chapter 53B of Singapore to enforce or enjoy the benefitof any provision of this Agreement.
55. Force Majeure. We shall not be liable to you or be deemed to be inbreach of this Agreement by reason of any delay in performing, or any failureto perform, any of our obligations (including the provision of our Services toyou), if the delay or failure was due to any event or circumstance (includingany network failure or system downtime) the occurrence and the effect of whichwe are unable to prevent and avoid notwithstanding the exercise of reasonableforesight, diligence and care on our part.
56. Severability. If at any time any provision of this Agreement shallbe or shall become illegal, invalid or unenforceable in any respect, thelegality, validity and enforceability of the remaining provisions of thisAgreement shall not be affected or impaired thereby, and shall continue inforce as if such illegal, invalid or unenforceable provision was severed fromthis Agreement.
DEFINITIONS
“Changi Account User” means a user whohas signed up with CAG for an account issued by CAG to allow such user toaccess the relevant platforms and programmes run by CAG from time to time, suchaccount known as a “Changi Account”.
“Claim”means a challenge to a payment that a User files directly with Liquid.
“Changi App” means the mobile application ownedby CAG known as ‘Changi App’.
“Changi Pay” is a paymentservices widget that is maintained, provided by and operated by Liquid, andsuch widget is hosted on the Changi App.
“Chargeback”means a request that a User files directly with his or her credit/debit/chargecard company or credit/debit/charge card issuing bank to invalidate a payment.
“Dispute” meansa dispute filed by a User directly with Liquid.
“ID” means government-issued identification documents.
“Liquid Account” refers to a payment account issued by Liquid to customerswho have successfully registered the account with Liquid, which allows such customersto (as applicable):-
(1) enable secure top-ups* and/or fund transfers viaPayNow;
(2) enable payments to merchants;
(3) perform real time money transfers by using mobilenumber, NRIC/FIN, UEN, or Virtual Payment Address (VPA) via PayNow or FASTrails; and/or
(4) use such other features and functions as may beenabled by Liquid from time to time.
*For the purposes of Changi Pay, only this featureis available to date which will enable you to make top-ups to your LiquidAccount that is linked to Changi Pay via PayNow. Progressive roll-outs of theremaining features are estimated to be completed and made available for use by earlyQ1 2024 (or such other date as may be notified to you in writing).
“Merchant” means a participating merchant entity that has enteredinto an arrangement with Liquid to accept certain types of payments forproduct(s) or service(s) from you effected through Changi Pay.
“New Services”means any new products, services, applications, programmes, functions and/orfeatures that may be offered on Changi Pay from time to time.
“Payment QR Networks” means the Alipay+,PayNow and/or SGQR acceptances*.
*For thepurposes of Changi Pay, payment via SGQR acceptances will be available from 1November 2023 onwards (or such other date as may be notified to you in writing).
“Personal Data” means data, whether true ornot, about an individual who can be identified from that data and otherinformation to which the organisation has or is likely to have access.
“Third Party Service Provider” means a party other than Liquid or its relatedcorporations that provides any function or Service accessible through or onChangi Pay.
“User” means you or any individual who has successfullyregistered (and who continues to be so registered) with Liquid to use ChangiPay.
“User Account”means the registered Changi Pay payment account issued and operated by Liquid,and issued to a User, which may be used to initiate payment orders or executepayment transactions.
“VerifiedAccount” means a User Account status that reflects that Liquid has verifiedor carried out such due diligence checks as may be required to confirm that aUser has legal control over one or more of his or her payment methods andsatisfies relevant due diligence requirements. A Verified Account status doesnot constitute an endorsement of a User.
CONTACT US
If you have questions or concerns regarding thisAgreement, or any feedback that you would like us to consider, please email usat support@liquidgroup.sg.
Last Updated: 29 November 2023