“Neo Group Limited (“NGL”), the holder of the SPEND Card stored value facility (“SPEND Card”), does not require the approval of the Monetary Authority of Singapore. Consumers (Cardholders) are advised to read the terms and conditions carefully’’.
The SPEND Card Terms & Conditions
1.1 The following terms are defined as follows:
“SPEND Card” A prepaid stored value facility issued and managed by NGL for payment of goods and services in Singapore only. The SPEND Cards are distributed by NGL and/or NGL’s agents.
“Cardholders” Any person using a SPEND Card to effect transactions for goods and services (excluding persons who are appointed or authorised to sell the SPEND Cards, effect top-ups or refunds, or replace the SPEND Cards)
“Service Providers” Service Providers as designated by NGL from time to time which accept payment for goods and services by SPEND Card, as determined by NGL.
“Card Payment System” The computerised system owned, operated and managed by NGL and/or Service Providers whereby, inter alia, payment for or transaction may be effected by the Cardholder using the SPEND Cards.
“Terminals” The terminals designated by NGL for SPEND Card transactions and provision of other services as may from time to time be determined by NGL at its sole discretion.
“Card Retail Counter” Points manned by Service Providers’ staff responsible for top-up of or refund from SPEND Cards and provision of other services as may from time to time be determined by Service Providers at its sole discretion.
“Card Kiosk” Self-service Automated Points to effect the checking of value or top-up of SPEND Cards by the Cardholder.
“Service Charge” A non-refundable Service Charge is paid by the Cardholder for the issuance of an SPEND Card in such amount as may from time to time be determined by NGL.
“Products” Goods sold and/or the services rendered by Service Providers.
“Stored Value” The monetary value paid in advance for and stored in a SPEND Card or the residual value remaining therein from time to time, which may be used by the Cardholder for the payment for or a transaction of SPEND Card services.
1.2 Words importing the singular include the plural and vice versa and, words importing a gender include every gender. References herein to Clauses shall mean the clauses of these Terms and Conditions.
2.1 The SPEND Card is issued by NGL and its Terms and Conditions shall bind every Cardholder. NGL shall only be liable to the Cardholder in respect of the Stored Value without any interest accruing.
2.2 The Terminals designated by NGL for SPEND Card transactions and provisions of other services as may from time to time be determined by NGL at its sole discretion.
3. Issuance and Validity of the SPEND Card
3.1 The SPEND Card is issued subject to the payment of the Service Charge and such other fees or charges, if any, as may be imposed from time to time by NGL and to these Terms and Conditions. The purchase of the SPEND Card or subsequent use thereof by the Cardholder shall be deemed to be acceptance by the Cardholder of these Terms and Conditions.
3.2 The Cardholder shall examine the SPEND Card upon its issue and each time he tops up the SPEND Card and shall be solely responsible for ensuring that the Stored Value therein is accurate and corresponds to the amount paid or topped up on the SPEND Card. NGL and their respective officers, employees, service providers and agents shall not be liable for any error or omission not drawn to their attention upon the issuance or top-up of the SPEND Card.
3.3 All SPEND Cards are valid for a period of 1 year (365 calendar days) from the date of purchase (the “Validity Period”), unless otherwise stated.
3.4 Upon expiry, all SPEND Cards can be renewed at any designated Service Providers’ Card Retail Counter / Card Kiosk for any number of times for a further period of 1 year on each renewal, subject to the payment of the Service Charge.
3.5 NGL may at their sole discretion from time to time vary the Validity Period for the SPEND Card.
4. SPEND Card Transactions and Stored Value
4.1 SPEND Cards are available for sale and top up value in denominations of $2, $5, $10, $20, $50 and up to $100 per SPEND Card.
4.2 Each SPEND Card may hold a maximum Stored Value of no more than $1,000 at any time.
4.3 The SPEND Card shall be used as a means of payment for or transaction of SPEND Card services. During such payment or transaction, the Stored Value in the SPEND Card shall be reduced by the payment or transaction amount. The Stored Value shall also be reduced by deductions made hereunder.
4.4 Payment can be made either by using the SPEND Card or in cash, but not a combination of both, for any single purchase transaction.
4.5 All SPEND Cards can be topped up at any designated Service Providers’ Card Retail Counter and/or Card Kiosk. Topping up an SPEND Card does not automatically extend and/or renew the expiry of the SPEND Card, which must be renewed separately.
4.6 Notwithstanding the aforesaid, NGL or any Service Providers may reject the use of the SPEND Card for effecting payment for, or a transaction, of SPEND Card services if:
4.6.1 the SPEND Card is reasonably suspected to have been fraudulently issued, stolen or tampered with;
4.6.2 the SPEND Card has expired;
4.6.3 the Stored Value of the SPEND Card is insufficient or has been exhausted;
4.6.4 there is any breakdown in the Card Payment System or part thereof which disables a Service Provider from accepting or processing the SPEND Card as a means of effecting payment or a transaction; or
4.6.5 NGL determines that the use of the SPEND Card poses a risk to the Card Payment System, and NGL shall not be liable for any loss suffered, if any, by the Cardholder as a result thereof unless such loss is the direct consequence of the negligent or wilful default of any of NGL’s employees, in which event, the maximum liability of NGL, shall not exceed the aggregate sum of Singapore Dollars Ten Only (S$10) in respect of any one event or connected events regardless of the number of occurrences.
4.7 NGL, any of their officers, employees or agents shall not be liable in any way for the goods and services sold or provided by the Service Providers, including any defect, damage, quality, failure or unavailability of or relating to the goods purchased from or services provided by Service Providers or for any other disputes concerning the said goods and services.
4.8 NGL shall from time to time introduce promotions, discounts and membership offers to the Cardholder, all of which will be at its sole discretion.
4.9 The Cardholder agrees that upon his use of the SPEND Card as a means of payment for, or a transaction of SPEND Card services, the Service Provider is entitled to deduct payment for the goods and services sold or provided by it from the Stored Value, in such manner as may be determined by NGL and the Service Provider.
4.10 NGL and Service Providers shall be entitled to treat any person for the time being in physical possession and control of any SPEND Card as the rightful holder of the SPEND Card and entitled to all rights and privileges granted to a Cardholder in respect of the SPEND Card and shall not in any way be liable for any loss, costs, damages or prejudice suffered by any person including the rightful holder of the SPEND Card with respect to any transaction effected through the stolen or lost SPEND Card.
5. Care and Use of the SPEND Card; Loss or Theft of the SPEND Card
5.1 The Cardholder shall:
5.1.1 exercise all due care and diligence in the custody, care and use of the SPEND Card;
5.1.2 not tamper or allow anyone to tamper with the SPEND Card;
5.1.3 not permit the SPEND Card to be used in any unauthorised manner;
5.1.4 not intentionally deface or damage the SPEND Card;
5.1.5 not affix, print or attach anything or matter onto the SPEND Card or otherwise alter, remove or replace any notice, logo or design on the SPEND Card; and
5.1.6 not use or attempt to use the SPEND Card through any electronic terminal that is malfunctioning or has broken down.
5.2 Any attempt to affix, print or attach anything or matter onto the SPEND Card or otherwise alter, remove or replace any notice, logo or design on the SPEND Card will result in damages that NGL may seek against the Cardholder.
5.3 If the SPEND Card is wilfully damaged, lost or stolen or if the Cardholder is in breach of Clause 5.1 hereof, NGL shall be entitled to deduct the Stored Value for transactions effected through the damaged, lost or stolen SPEND Card.
6. Damaged SPEND Cards
6.1 If, in the opinion of NGL, the Cardholder’s SPEND Card is damaged or becomes defective on account of normal wear and tear or otherwise through no fault of the Cardholder, the Cardholder shall be entitled to transfer the Stored Value to a new SPEND Card.
6.2 Subject to paragraph 6.1, NGL reserves the right to deal with and to take such course of action as it may think appropriate with respect to damaged SPEND Cards including but not limited to, replacement of damaged SPEND Cards; withholding any Stored Value thereof (if determinable) or otherwise.
7. Return and Retention of the SPEND Card
7.1 The SPEND Card remains the property of NGL and shall be promptly returned to NGL upon request by NGL subject to the Cardholder’s right to transfer the Stored Value to a new SPEND Card.
7.2 NGL and the Service Providers shall be entitled without assigning any reason therefore to retain at the Terminals any SPEND Card which is reasonably suspected to have been fraudulently issued, stolen or tampered with.
8.1 NGL shall not be contractually liable to any Cardholder for the refund of any Stored Value. Cardholders are encouraged to utilise the Stored Value during the Validity Period.
8.2 NGL may in its sole discretion provide a refund of the Stored Value on a goodwill basis. NGL shall not consider whether to exercise its discretion to grant such refund unless:
(a) the refund is requested at any designated Service Providers’ Card Retail Counter during operation hours, during the Validity Period of the SPEND Card;
(b) any cash refund in excess of S$80 will be subject to the identification and verification of the identity of the Cardholder by NGL, and a photocopy of the User’s photograph identification card will be retained for documentation purposes;
(c) NGL shall retain the SPEND Card upon the completion of any refund granted by NGL in its sole discretion;
(d) the Cardholder complies with any procedural or operational requirements as NGL may prescribe.
8.3 Where the SPEND Card has not been renewed for 5 years or more, the SPEND Card shall no longer be valid for further renewal, top up and / or use, whereupon the Cardholder shall have no claim whatsoever against NGL. Without prejudice to clause 8.2 above, NGL shall not under any circumstances grant a refund of Stored Value after the lapse of 5 years from the Expiry Period.
8.4 Without prejudice to clause 8.2 above, NGL shall not under any circumstances grant a refund of the Stored Value if :
8.4.1 the SPEND Card is not presented by the Cardholder at the time of a request for a refund;
8.4.2 the encoded date on the SPEND Card or any part thereof is erased, altered or tampered with as determined by NGL;
8.4.3 the encoded data in the SPEND Cards and/or its external card numbers are not readable for any reason as determined by NGL;
8.4.4 the SPEND Card has been damaged or tampered with whether intentionally or otherwise as determined by NGL at their sole discretion.
9. Determination of Value
9.1 For the purpose of determining the Stored Value of the SPEND Card, in the event of a refund from NGL on a goodwill basis, the value as determined by any designated Card Retail Counter from either the value recorded in the SPEND Card or NGL’s central records shall, save for manifest error, be deemed conclusive and binding against the Cardholder.
9.2 The Cardholder shall, upon receipt of any refund in accordance with Clause 8 of the Terms and Conditions, be deemed to have accepted the amount thereof as entirely correct and conclusive, and will not hold NGL liable for any loss, damage, expense and/or liability whatsoever.
10. Disclaimers and Exemptions
10.1 Notwithstanding anything to the contrary contained herein, NGL, its respective officers, employees, contractors and / or agents shall not be liable in any way to the Cardholder for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a solicitor and client basis) that the Cardholder may incur or suffer in connection with or arising from:
10.1.1 the issue or use of the SPEND Card;
10.1.2 any delay, suspension, discontinuance or failure in the issuance of the SPEND Card;
10.1.3 any delay or suspension in the refund of the SPEND Card;
10.1.4 any period when the processing of the use of the SPEND Card for payment is unavailable due to any disruption, defect, damage, breakdown in or failure (collectively “malfunction”) of the SPEND Card, the Payment System (including any data processing system, the network system or its associated equipment) whether or not due to anything beyond the control of any party or of their respective officers, employees, contractors or agents;
10.1.5 any delay or any inability to use the SPEND Card for any reason whatsoever, including the unavailability due to the malfunction of Card Payment System or damage to or defect in the SPEND Card;
10.1.6 the SPEND Card being rejected by any designated Card Retail Counter and/or Card Kiosk for whatever reason;
10.1.7 any inability to retrieve any data or information on the SPEND Card; and / or
10.1.8 any delay or inability to perform any of its obligations due directly or indirectly to the malfunction of any machine or communication system, industrial dispute, war, Act of God, or anything outside the control of any party or of their respective officers, employees, contractors or agents, provided that the same is not caused by the gross negligence or wilful default of NGL or any of its respective officers.
10.2 Notwithstanding anything to the contrary contained herein, the maximum liability of NGL to the Cardholder under these Terms and Conditions and at law shall not exceed in aggregate the sum of Singapore Dollars Ten only (S$10) per SPEND Card or the Stored Value of the Cardholder’s SPEND Card as at the date the Cardholder’s claim arises, whichever is the lesser.
11.1 The Cardholder shall indemnify and hold harmless NGL in respect of any and all damages, losses, costs (including costs on a full indemnity basis) and expenses suffered or incurred by NGL or any third party by reason of any breach or non-compliance by the Cardholder of these Terms and Conditions or by NGL enforcing any of these Terms and Conditions or preventing any breach thereof.
12.1 In purchasing the SPEND Card, the Cardholder is deemed to have consented to NGL’s Terms and Conditions and any variations that NGL may from time to time implement.
12.2 NGL reserves the right to add to, delete from, vary or otherwise amend all or any of these Terms and Conditions at any time by publication thereof at appropriate locations at designated Card Retail Counters and/or Card Kiosk, Service Providers’ premises or such other premises as may be determined by NGL. The Cardholder’s continued use of the SPEND Card after the date of such notification shall be deemed to be the Cardholder’s acceptance of such revised Terms and Conditions.
13. Governing Law
13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore. Each of the parties mentioned herein hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Singapore for all purposes in relation to these Terms and Conditions.
13.2 These Terms and Conditions may be translated into other languages but in the event of any inconsistency or uncertainty arising there from, this English version shall prevail over any other version.
14. Contracts (Rights of Third Parties) Act 2001
14.1 A Person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any term of these Terms and Conditions.
15.1 The SPEND Card logo is a registered Trademark of NGL