User Terms & Conditions

Definition

In these Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the following meanings:

“Beneficiary” means the recipient of the funds pursuant to the Payment Transactions performed by the User.

“Company” means (Pay N Earn Pte. Ltd & convert CASH (Thailand) Co. Ltd)

“KYC” means the process of validating the identity of a User by verifying the personal details of the User.

“Membership” means the membership of the Program.

“Participating Merchant” means the participating merchant(s) of the Program.

“Payment Transaction” means the credit card payment or any other mode of payment made by the User on the Company’s online platforms for transferring funds or bill payments.

“Points” means the points awarded to the User through the Program.

“Program” means the Rewards program pursuant to the marketing campaign or promotion conducted by the Company from time to time.

“Rewards” means the products, services, rewards, gifts or other benefits made available by the Participating Merchant which can be redeemed by the User using the Points earned through the Program.

“Services” means the services provided by the Company which facilitate the payment of the Payment Transactions.

“Service Fees” means the fixed fees and charges imposed by the Company on the User for the provision of the Services.

“User” means the registered user of the Services provided by the Company and the participating member of the Program.

Acceptance of Terms

These Terms and Conditions (including the Privacy Policy) set out the terms of the agreement between the Company and the User with regards to the Services and Program provided by the Company.

By using the Services and joining the Membership, the User is deemed to have accepted these Terms and Conditions. The Company reserves its right to update these Terms and Conditions at any time without notice to the User. By continuing to use the Services and maintaining the Membership, the User will be deemed to have accepted the updated Terms and Conditions.

Description of Services

Through the Services, the User will be able to perform the Payment Transactions through the Company’s online platform, namely convertCASH (www.convert-cash.com/th), and to redeem Rewards from the Participating Merchant using the Points earned through the Program.

The Company reserves the right to, at any time, vary or terminate the Services or any privileges under the Program with or without prior notification to the User and without being liable in any way to the User.

Disclaimer of Third-Party Content

The Site contains information and materials provided by third parties(“Third Party Content”).

By accessing the Site, the User acknowledges and agrees that the Third-Party Content is not created by the Company. The provision of Third-Party Content is for general informational purposes only and does not constitute a recommendation or solicitation to purchase or sell any product or services or make any other type of purchase or decision.

The Company does not provide any warranty of any kind, express or implied, regarding the Third-Party Content. The Company disclaims any responsibility or liability related to User’s access or use of any Third-Party Content.

Third party links that may be accessed via the Site are for the convenience of browsers only. The Third-Party Content, including any website to which the User links from the Site, is solely the responsibility of the provider of the Third Party Content. Any transactions that the User enters into with the provider of the Third Party Content listed in the Site or linked from the Site are solely between the User and the provider of the Third Party Content and therefore subject to the applicable terms and conditions imposed by that provider of the Third-Party Content. The User shall liaise with the provider of the Third-Party Content directly with matters concerning the transactions that the User enters into with the provider of the Third-Party Content. The Company is not responsible in any way for any such Third-Party Content that may be accessed via the Site. The Company does not endorse the Third-Party Content contained in the Site, nor the provider of the Third-Party Content, and hereby disclaims any responsibility for the Third-Party Content.

The User acknowledges that no guarantees are made by the Company or the Site as to the Third- Party Content’s accuracy, completeness, or timeliness. The User acknowledges and agrees not to hold the Company or the Site liable for any product or services purchase or any decision or other transaction the User may make based on the reliance on or use of the Third Party Content, or any liability that may arise due to the delivery of the Third Party Content for any reason.

User Account and Membership

To use the Services and to join the Membership, the User will need to register with the Company by creating an account with the Company. Creation of the account is free and only individuals of eighteen (18) years and above are eligible to create an account with the Company. The User agrees to provide the necessary information to the Company for registration purposes. The Company may, in its sole discretion, approve or refuse an application made by any person to be a User without the need to assign any reason.

The User may close its account at any time. Upon the closure of its account, all unused Points will immediately expire and be removed from its account. The User will not be entitled to any compensation from the Company arising from such expiry and removal of the Points.

The Company reserves the right to freeze or terminate the account in the event that including but not limited to the User is involved or likely to be involved in dishonest, fraudulent, illegal and/or criminal activities in using the Services, the User is in breach of or likely to breach any acts, statutes, laws, by-laws, rules and/or regulations imposed by any regulatory body or government agency in using the Services, the User is in breach or likely to breach any of the terms of these Terms and Conditions, or the account becomes domain or inactive for a continuous three-month period or any other period stipulated by the Company.

Upon the freezing of the account by the Company, the User may request the Company to reactivate such account. However, the Company will not reactivate such account if the User fails to cooperate with the Company or fails to provide any relevant information upon the request by the Company.

Upon the termination of the account by the Company, all unused Points will immediately expire and be removed from the account and the User will not be entitled to any compensation from the Company arising from such expiry and removal of the Points.

The Company will not be held liable for any losses or damages that the User may incur upon freezing or termination of the account by the Company. Any freezing or termination of the account by the Company pursuant to these Terms and Conditions is without prejudice to the Company’s other rights and remedies under these Terms and Conditions or at law.

The User agrees to immediately notify the Company by contacting its customer care department in the event that there is any fraudulent or unauthorized use of the account. The Company’s customer care department will investigate the complaint and suspend the account as soon as practicable. However, the Company will not be liable to compensate the User any of the loss or damages suffered by the User due to any fraudulent or unauthorized use of its account as it is the User’s duty to take the necessary precautions to safeguard its account.

Payment Transaction

The Company’s authorization of any Payment Transaction performed by the User is subject to the Company’s KYC process and acceptance of the credit card issuer. Typically, the Company will require a User to provide a copy of its NRIC or Passport, the amount of the Payment Transaction, the Beneficiary’s bank account details, and other relevant information.

Upon authorization of the Payment Transaction by the Company, it will take at least Seven (7) working days for the funds to be credited into the Beneficiary’s bank account.

All Payment Transactions are final and non-refundable. The Company will not be held liable to the User if the Payment Transaction fails due to reasons including but not limited to insufficient funds, payment bank denying the transaction, invalid Beneficiary’s bank account number, incorrect bank name, incorrect swift code, improper documentation etc.

If the User discovers any discrepancy or error in its account, the User must notify the Company’s customer care department within seven (7) days from the date of the disputed Payment Transaction. Failing which, the User will be deemed to have accepted the accuracy of the Payment Transaction.

Upon notification by the User of the discrepancy or error in its account, the Company will investigate and inform the User of the outcome of the investigation within thirty (30) days from the date of the User’s notification. The Company’s decision is final and binding. In the event any incorrect sum was deducted from the account, the Company shall have the rights to make the necessary adjustment or deduction from the account as required.

The Company will not be liable to reimburse the User of any Payment Transaction and/or to reverse any Payment Transaction due to the User’s own error or negligence.

Fees and Charges

The Company will impose fees and charges to the User for the provision of the Services. The Company reserves the right to vary the fees and charges from time to time. All fees and charges are final and non-refundable.

Points Awarding

Points awarded to the User through the Program will be at a rate determined by the Company at its own discretion. The Company’s decision on the Points awarded to the User through the Program is final and binding. Every Point awarded to the User through the Program will be recorded in the account. The Company may alter the method and rate at which Points are awarded from time to time at its own discretion without notice.

Points awarded to the User through the Program will expire on the expiry date as determined by the Company at its own discretion. Points awarded to the User through the Program cannot be converted into cash or transferred to any third party.

Redemption of Rewards

The User may redeem the Rewards using the Points earned through the Program. The Rewards may be redeemed at the Participating Merchant’s outlets, website, mobile apps or by any other methods as determined by the Company from time to time.

The User is required to input a valid PIN for each redemption upon request from the Participating Merchant. The Company or the Participating Merchant reserves the right to reject any redemption if the PIN is invalid. Once the redemption has been accepted, it cannot be cancelled, exchanged or returned. Points cannot be exchanged for cash and can only be used for the redemption of Rewards. Upon confirmation of the redemption, Points used for the redemption will be deducted from the account.

Redemption of Rewards is subject to availability and all other applicable terms and conditions as imposed by the Participating Merchant or the Company. The Company or the Participating Merchant makes no representation or warranty of any kind (whether express or implied) with regards to the condition, fitness for purposes, merchantable quality or otherwise of any Rewards redeemed.

The Company shall not be responsible for any failure or delay by the Participating Merchant to supply such Reward, or loss or damage to such Reward during delivery.

General Provisions for Intellectual Property Rights

The User acknowledges that all trademarks, copyrights and other intellectual property rights relating to the Services and the Programs are owned by or licensed to the Company and shall remain the sole property of the Company or its licensor, as the case may be.

The User acknowledges that all trademarks, copyrights and other intellectual property rights relating to the Services and the Programs are owned by or licensed to the Company and shall remain the sole property of the Company or its licensor, as the case may be.

Privacy Policy

The User agrees and accepts all the terms of the Privacy Policy are incorporated herein by reference and shall form an essential and integral part of these Terms and Conditions.

Disclaimer and Limitation of Liability

The Services are provided on an “as is” and “as available” basis. The Company disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Services including but not limited to accessibility, timeliness and uninterrupted use of the Services; and completeness, timeliness, sequence, accuracy or the security of any data, information provided to the User as part of the Services.

The Services are provided on an “as is” and “as available” basis. The Company disclaims all liability and makes no express or implied representation or warranties of any kind in relation to the Services including but not limited to accessibility, timeliness and uninterrupted use of the Services; and completeness, timeliness, sequence, accuracy or the security of any data, information provided to the User as part of the Services.

The User expressly agrees that its use of the Services is at its sole risk and discretion and the User will assume total responsibility thereof. The User will rely on its own review and evaluation of the Services to assess its suitability for its particular purpose. The User’s sole remedy against the Company in the event of dissatisfaction is to cease using the Services.

The Company shall not be liable for any special, incidental, indirect or consequential damages, or for any lost revenue, profits or business arising out of, or in connection with the Services (including any breach hereof).

Identification

The User agrees to, at its sole cost and expense, indemnify, defend and hold harmless the Company against any and all cost, claims, suits, actions, demands, damages, liabilities, expenses (including reasonable fees and disbursements of counsel), judgments, settlements and penalties of every kind (collectively “Losses”) in connection with: (a) any breach by the User of any terms contained herein; (b) any failure by the User to comply with all applicable laws in connection with the Services provided hereunder; (c) any violation or claimed violation of a third party’s rights, including intellectual property rights in connection with the Services; or (d) the negligent or intentionally wrongful acts or omissions of the User.

Governing Law and Jurisdiction

These Terms and Conditions shall be interpreted, construed and enforced in all respects in accordance with the laws of Singapore. Each Party irrevocably submits to the exclusive jurisdiction of the courts of Singapore, in connection with any action under these Terms and Conditions, or otherwise arising under or by reason of these Terms and Conditions.

Queries or Complaints

The User may address its queries or complaints in relation to the Services to the Company’s customer care department via email at support.th@convert-cash.com

Miscellaneous

If any term of these Terms and Conditions is deemed unenforceable, the remaining terms will remain in full force and effect. No failure or delay by the Company in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise of any other rights, power or privilege hereunder.

The Company shall not be liable for any failure to perform its obligations herein caused by event which is outside the Company reasonable control (“Force Majeure Event ”). Force Majeure Event includes an act of God, insurrection or civil disorder, military operations or act of terrorism, all emergency, acts or omission of Government, persons or bodies, or any competent authority, labor trouble or industrial disputes of any kind, fire, lightning, subsidence, explosion, or floods.

The User undertakes to provide the Company with his most updated and current personal particulars and information, including his mailing and correspondence/permanent address, contact number, electronic mail address and other required details in order to ensure that the User’s records with the Company are kept up to date, complete and accurate.

The Company may, in its sole discretion, serve notice to the User under these Terms and Conditions by posting such notice on the Company’s website or any other medium as the Company deems fit.

The Company shall be entitled to assign the whole or any part of its rights or obligations under these Terms and Conditions at its discretion

These Terms and Conditions shall not be assigned by the User to any other third party without the Company’s written consent. These Terms and Conditions shall be binding upon and ensure to the benefit of the Company’s respective successors in title and assigns.

In the event of any inconsistencies between these Terms and Conditions and its translation in any other language, the English language version of these Terms and Conditions shall supersede and prevail over any other language.