Terms and Conditions
Please read these Terms and Conditions (“Terms”) carefully. By using the Platform and the Inypay Services you are deemed to be bound by these Terms and are deemed to have executed these terms electronically. The headings contained in this document are for reference purposes only. You should retain a copy of these for your records.
Last updated• April 2023
1. Parties to these Terms
1.1 These terms are a legally binding agreement between You. (“You”, “Your” or the “Customer”) and INYPAY Pte Ltd doing business as Inypay (“we”, “us”, “our, “Inypay”) (collectively the “Parties” and each a “Party”). use of the Inypay website, including any subdomains thereof. and any other websites device applications, and application program interfaces (collectively, the “Platform”) and the services provided through the Platform in the manner described in Clause 2.1.
2.1 We operate a platform on which participating partners offer you the option to make payment for their products and/or services (“Partner Services””) on a deferred and interest-free basis (Deferred payment structure). The services performed by the platform that facilitates the Deferred Payment Structure shall be referred to as the “Inypay Services”
2.2 By using the Inypay Services, , you acknowledge and agree that, at the election of Inypay: (a) Inypay will arrange for you to apply for a loan, and, where successful and conditional upon lender’s approval, gain access to the loan from a lender through the Platform to pay the partner for Your order (and further terms and conditions imposed by that lender will apply); or (b) (and subject to clause 5.3 below) the partner will sell, and irrevocably assign its rights under the Deferred Payment Structure (“Assigned Payment) to Inypay or a third-party assignee designated by Inypay (the “Assignee””) upon such assignment, You are obliged to pay the assigned Payment to the Assignee. However please note that Your use to the Inypay Services and Deferred Payment Structure is subject to the fees set out in our Rates and Charges schedule.
2.3 For the avoidance of doubt. Inypay does not provide any credit to You.
2.4 Partners remain fully responsible for their Partner Services and the purchase of the Partner Services shall remain a contract between Yourself and the Partner. Inypay expressly disclaims all warranties related to the Partner’s sale or the Partner services, expressed or implied, including any warranties of accuracy, reliability and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. THE PARTNER IS SOLELY RESPONSIBLE FOR ANY LABILITIES INCURRED AND OBLIGATIONS DERIVED FROM AND IN THE COURSE OF PROVIDING THE PARTNER SERVICES. ANY FEES CHARGED BY THE PARTNER FOR THE USE OF INYPAY SERVICE (if any) DO NOT REPRESENT ANY FEES CHARGED OR INTENDED TO BE CHARGED BY INYPAY TO ANY CUSTOMERS IN ANY WAY.
2.5 Due to the nature of the internet. Inypay cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. Inypay may restrict the availability or the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers. or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. Inypay may improve, enhance and modify the Platform from time to time. Inypay shall not be liable in any way to You for an interruption to the use of the Inypay service during such period of maintenance or system upgrades.
3.1.1 To be eligible to use the platform and/or the Inypay services, you must:
i. Be an individual who is at least eighteen (18) years old at the point of application;
ii. Be capable of entering into a legally binding contract as defined by the laws of Singapore;
iii. Have a valid and verifiable email address and mobile telephone number;
iv. Provide a valid physical street and delivery address;
v. create an Account in accordance with clause 3.2.
3.1.2 By creating an account, you represent and warrant that you are eligible to meet all requirements in clause 3.1.a.
3.2.1 You must create and register a password-protected account on the platform (Account) by providing Inypay with such information as may be required for the purposes of creating such Account, including but not limited to details relating to Your Preferred Payment Method (defined in Clause 4.1a.ii).
3.2.2 Notwithstanding your fulfilment of the criteria set out in clause 3.1a above and your provision of the information referred to in Clause 3.2a above. we reserve the right to, at our sole discretion, refuse to allow You to create an account. In the event of such refusal, you will not be able to use the Inypay services.
3.2.4 You can only hold one Inypay Account. Your Account is strictly persona to You and cannot be assigned, controlled, operated or (re)sold to third parties.
3.2.5 In consideration for your use of your account, you agreed to:
a. provide true, accurate, current and complete information about yourself in a timely manner as requested by Inypay from time to time and to promptly notify us of any changes. We will not be responsible for any losses or charges incurred in relation to your failure to do so;
b. be solely responsible for the safety and security of Your password. Where you believe that Your password has been compromised or that there has been a security breach, You shall notify us immediately, and in the event that you fail to do so, you shall be liable for further purchases made using your account;
c. be fully responsible for any unauthorized access to your Account, and shall notify us immediately. failing which, You shall be liable for all purchases made using your account;
d. immediately inform us of any actual or potential fraudulent activities relating to Your Preferred Payment method defined in clause 4.1 and to allow us to share such information with third party payment providers for the purposes of reducing further fraudulent activities;
e. ensure that your Account is used in a responsible and lawful manner and- not to use your Account to misrepresent your identity; to procure any goods or services that are illegal or unlawful in nature or in a manner that contravenes any anti-money laundering laws; or for the purposes of accomplishing cash advance; and
f. comply with our operating procedures as may be informed to you from time to time.
3.3 Verification and other checks you authorize us to conduct checks (including credit checks), validations and risk assessments, and to make directly or through third parties (including credit bureau), any inquiries necessary to verity your identity, to assess your capability to make payments under the Deferred Payment Structure, and as required by applicable laws or regulatory requirements. You further agree and authorise us to share such information with the partner. our affiliates and/or any other third party as may be relevant and/or necessary for the provision of the Inypay services.
4.1 Payment Methods
4.1.1 To complete the opening of an Account, you will be required to:
a. Identify a Payment Method for Your Account by providing the relevant credit, debit card and or other payment details in relation to such Payment method’
b. Indicate Your preferred Payment Method (Preferred Payment Method”) which shall refer to: (1) where you have identified more than one Payment Method. the Payment Method that You have selected: or (2) where you have only selected one Payment Method, that Payment Method and
c. expressly consent to, authorise and instruct us to initiate recurring debit card, credit and/or other payment transactions from the Preferred Payment Method in relation to purchases made in connection with your account.
4.1.2 For the avoidance of doubt, you shall be responsible for ensuring that you have sufficient funds available in relation to Your Payment Methods. As such Payment Methods are provided by other third parties. Inypay accepts no liability in relation to the same. You agree to be bound by any rules of such other third party and are responsible for all fees charged by the same.
5.1. When you select the Deferred Payment Structure as a means of payment for Partner Services at the election of Inypay: (a) You are deemed to request for a loan in the value of those Partner Services under the relevant terms and conditions which will be furnished non electronically of that lender; or b) You are deemed to make an order with that Partner under the terms of the Payment Agreement Orders are subject to the partners, relevant lender’s and/or Inypay’s approvals. We may, in our sole discretion, decline to facilitate the Deferred Payment Structure for an Order, or cancel an approved Order before the Partner Services are delivered or supplied, for any reason including but not limited to Your history of Orders or to prevent against Fraud, legal, regulatory or non-payment risk.
5.2. The use of the Deferred Payment Structure may not be available for all purchases of all partner services, and we may at our sole discretion, set certain prescribed minimum or maximum purchase amounts for which the Deferred Payment Structure will be available.
5.3. In the case of an Order made under the Deferred Payment Agreement, upon the completion of an Order and Inypay’s approval of the same, the Partner will immediately sell and irrevocably assign the Partner’s rights under the relevant Deferred payment agreement to Inypay or the Assignee
5.4. If your Order is approved; you will be notified via the Platform of the same. The Platform will also inform You of (a) Your total Order amount and an applicable service fee which may be charged; (b) a payment schedule (“Payment Schedule”) showing the amount and due dates for each Deferred payment t; and (c) will indicate your preferred Payment Method (“Preferred Payment Method). You will be required to confirm that You have reviewed this information and accepted it (payment schedule confirmation.) These details are also available to view in Your account on the Platform. The terms of the loan or, as the case may be, Deferred Payment Agreement, Payment Schedule and your Payment Schedule Confirmation for each order are both hereby incorporated into these Terms.
5.5. You agree to pay, and accept sole liability for, the full amount of the Deferred Payments and any applicable service fees. Each Deferred Payment will be collected by charging Your Preferred Payment Method on the due dates specified in Your Payment Schedule If you do not make the Deferred Payments as and when they fall due including if the Payment Method is declined, or if such payments are not successfully processed on the relevant due date, You will be immediately suspended from the Platform. Your Account may be deactivated, and you may be charged administrative charges. For more information, please see Clause 7 below. You may additionally be subjected to fees charges assessed by Your card provider, payment provider, payment processor and/or any other financial institution providing the relevant payment method.
5.6. You may make early payments in relation to the payment schedule via the Platform. Please note that in the event that you choose to make such early payments, you will continue to be charged any applicable service fees as if the Payment Schedule had run its full course.
6.1. If you wish to make an Order at a Partner’s physical store, you must key in the correct purchase price for the Order using the Inypay Platform (including any applicable goods and services tax and surcharges) WE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF YOUR FAILING TO INPUT THE CORRECT PURCHASE PRICE. In the event of an error, you may immediately request that we refund you for the proposed Order. We may, but shall not be obliged to, process a full refund and allow You to make another Order afresh.
6.2. If you wish to return or discontinue Partner Services that have been purchased using the Deferred Payment Structure and/or request for a waiver of outstanding Deferred Payments, or a refund, Return, or replacement as may otherwise be accepted or permitted by law. Such waiver, refund or replacement shall be subject to (i) the relevant Partner’s refund process and procedures; and (ii) our own checks in relation to the refunds, returns and replacements. Until the return, discontinuation, refund or waiver has been processed through the Platform. You will remain liable for the full payment of the Partner Services. All Deferred Payments will continue to be processed in accordance with the dates set out in Your Payment Schedule
6.3. Once the refund or waiver process has been completed. the amount that we have agreed to refund to you “Refunded Amount”) will be returned to you. Please note that in the event of refunds, any applicable service fees that You have paid will not be refunded to You, subject to Inypay’s absolute discretion or as the case may be the lenders absolute discretion to vary the amount, manner and order to which the Refunded Amount shall be applied, the Refunded Amount shall first be applied to reduce the next due Deferred Payment, and then to the subsequent Deferred Payment until all of your remaining payment obligations are extinguished, as applicable depending on the Refunded Amount. If the Refunded Amount is greater than the aggregate amount of amounts owed in such subsequent Deferred Payments, such amounts will be refunded to the same payment method used to purchase the partner services.
6.4. While we will process refunds as soon as reasonably practicable, the timing to receive any refund will vary based on the Payment Method and an applicable payment system e.g. third party online payment processer. Visa. Mastercard. etc. rules and practices you acknowledge and agree that any refund amount due to be repaid to your relevant Payment Method is subject to handling methods outside our control and you shall not hold us responsible for any delays in relation to the same.
6.5. In the event or an partial repayments made by you and subject to Inypay’s absolute discretion or, as the case may be, the lender’s absolute discretion) to vary the amount, manner and order to which such payment amount shall Be applied, the payment amount shall first be applied to reduce the next due Deferred payment ant then to the subsequent deferred payment until all of your remaining obligations are extinguished, if and as application depending on the payment amount that has been made.
a. Your eligibility to use the Inypay Services shall be assessed and determined on an ongoing basis at our sole discretion. We reserve the right to deny. suspend or terminate provision of the Inypay Services or your Account at any time and for any reason without consent or prior notice. WE SHALL NOT BEAR ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF YOUR ACCOUNT BEING SUSPENDED OR CLOSED FOR ANY REASON.FOR THE AVOIDANCE OF DOUBT, THIS SHALL INCLUDE ANY LOSSES THAT MAY BE INCURRED IN RELATION TO ANY PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNTS DEBITED OR YOUR PAYMENT METHOD IS CHARGED.
b. Reactivation of account and administrative fees
1. In the event your Account is suspended, you will be required to pay all outstanding amounts due on your account, and an administrative free (Administrative charge) as determined oy us in our sole discretion. derived as follows.
i. A fixed fee upon the non-repayment of each Deferred Payment. Pls refer to our rates and charges schedule.
c. We reserve the right to change the administrative charges at our sole discretion and without prior notice to you. We may, in our sole discretion, waive such Administrative charge and reactivate your Account if we believe that your Account was suspended due to a system error, failure or security breach. Please provide us with the relevant evidence for our consideration at firstname.lastname@example.org
d. Other fees
Depending on the duration of the deferred payment structure, your use of the Inypay Services may be subject to service fees. These service fees will be notified to you before you confirm each Order, and Your confirmation of the same represents your agreement to these service fees.
8. Account Termination
8.1. You may request to close your account at any time by contacting us at email@example.com. Your request may take up to (30) calendar days to process.
8.2. Your request to close your account will be denied if:
8.2.1. any amounts due to us, the relevant lender or the assignee are updating. We may limit your ability to use your account.
8.2.2. you are subject to any investigation, in connection with or arising out of your use of Inypay services or deferred payment structure; or
8.2.3. there are any outstanding disputes between your, us, the relevant lender or any partners.
All content included in or made available through the Inypay Services, such as text, graphics, logos, button icons, images, digital downloads, data compilations, and software is protected under applicable copyrights, trademarks and other proprietary rights (Including but not limited to intellectual property rights) are owned by Inypay or its affiliates. The copying, redistribution use or publication by you of any part of the Inypay Services, unless expressly permitted in these Terms, is strictly prohibited.
Use of the Inypay Services does not give you ownership of any Intellectual property rights in any or the content, documents or other materials You access. The posting or information or materials on the Inypay services does not constitute a waiver of any right in such information and materials. For the avoidance of doubt the use of the term “software” herein shall include its respective components, processes and design in its entirety.
The trademarks, service marks and logos (the “Trademarks) used and displayed on the Inypay services are registered and unregistered trademarks or Inypay and/or the respective partners offerings partner services on the Platform. Nothing on the Inypay services should be construed as granting you, by implication, estoppel or otherwise, any license or right to use any Trademark or any other Inypay intellectual property displayed on the Inypay Services. The name, Inypay and any other Trademarks shall not be used in any way, including any advertising or publicity pertaining to distribution or materials on the Inypay services, without prior written permission from Inypay.
11.1. All notices or other communications between the Parties shall be given in writing in the English language and shall be delivered: a. to You, via electronic mail to the email address you have provided to us, or to us at firstname.lastname@example.org; or via text messages to the mobile phone number, you provided to us.
11.2. All emails and text messages shall be deemed received upon successful transmission unless stipulated otherwise.
12.1. You shall not transfer or assign any rights and or obligations you may have under these terms without our prior written consent.
12.2. We may transfer, assign, or novate these Terms, and any rights, obligations, and conditions under these Terms, to a third party without your consent or notice.
13.1. Additional terms and conditions may apply to purchases or goods or services. such as the terms or the loan you may enter into with the relevant lender or the Deferred Payment Agreement you may enter into with Partners-, and to specific portions of features of the Platform, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Platform or for any service offered on or through the Platform, the latter terms shall prevail with respect to your user of that portion of the platform or the specific service.
13.2. We reserve the right to vary or amend these Terms from time to time without requiring express or implied consent and without prior notice or such variations or amendments. Such variations or amendments to these Terms shall be effective upon such undated version being uploaded on our Platform at https://inypay.com/terms. You agree that it shall be your responsibility to review this Terms regularly whereupon the continued use of the Inypay services after such variation or amendment of these terms shall constitute Your consent and acceptance of such variation of amendment, regardless of whether you have reviewed the updated version of the Terms.
14.1. You agree to release. indemnify and hold harmless Inypay or is subsidiaries, partners, affiliates, employees, directors, officers, agents, representatives and or any third parties providing services for and/or on behalf of Inypay (“indemnified Parties”) from and against any claims. liabilities, damages. losses and expenses, including without limitation reasonable legal and accounting fees. arising out of or in any way related to these Terms, your use of the Platform the Inypay services and or the Deferred payment Structure.
14.2. Inypay reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you. You agree not to settle any matter without the prior written consent of Inypay and shall cooperate as fully and as reasonably required in the defence of any claim including providing Inypay with access to any relevant documents, records or premises for purposes of assessing such claim. For the avoidance of doubt this Clause 14. will survive these Terms and the termination of Your Account.
15.1. To the extent permitted by law, under no circumstances shall the Indemnified Parties be liable to you or any third parties for any indirect, incidental, consequential, special, or exemplary damages (whether in contract, tort., Equity or otherwise), arising out of or relating to the use of the Platform, the Inypay services, the Deferred Payment structure or Inypay’s or your liabilities to third parties arising from any source.
15.2. You agree that the aggregate liability of the Indemnified Parties to You for all claims arising out of or related to the Terms, the use of the Platform, the Inypay Services, the Deferred Payment Structure, or Inypay’s liabilities to third parties arising from any source will not exceed the lower or: (a) the amount of any affected orders giving rise to such damages or (b) the amount of five hundred Singapore dollars (SGD 500). These limitations will apply even if the above stated remedy fails of its essential purpose.
16.1. THE INYPAY SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION OR WARRANTY. WHETHER IT IS EXPRESS. IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING. ATOE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF PARTNERABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
16.2. INYPAY DOES NOT WARRANT OR GUARANTEE THAT THE INYPAY SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THE INYPAY SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE INYPAY SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. UNINTERRUPTED. ERROR-FREE. WITHOUT DEFECT OR SECURE: THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE INYPAY SERVICES ARE FRFF OF VIRUSES OR OTHER HARMFUL COMPONENTS.
16.3. Inypay does not warrant, endorse, guarantee, or assume responsibility for any product or services advertised or offered by a Partner. Inypay does not have control of or liability for Partner Services that are bought or sold through the Platform.
17.1. These Terms, as amended from time to time, are effective until You terminate your account, and all amounts due to us or partners have been paid. The following provisions of these Terms shall survive termination of your use or access to the Inypay Services: Clauses 14 (Indemnification), 15 (Limitation of Liability), 16 (Disclaimer of Warranties), 17 (Miscellaneous), 18 (Dispute resolution), 19 (Applicable law and Jurisdiction), and any other provision that by its terms or implication survives termination of your user or access to the Inypay services.
17.2. If any provision of these Terms (or any portion thereof) is determined to be invalid or unenforceable, the remaining provisions of these Terms shall not be affected thereby and shall be binding upon the parties and shall be enforceable, as though said invalid or unenforceable provision (or portions thereof) unenforceable provision (or portion thereof) were not contained in these terms.
a. These Terms constitute and contain the entire agreement between you and us with respect to the subject matter hereof and supersede any prior to contemporaneous oral or written agreements, each Party acknowledges and agrees that the other Party has not made any representations, warranties, or agreements of any kind, except as expressly set forth herein.
b. No failure on our part to exercise and no delay on our part in exercising any right under the terms will operate as a release or waiver thereof, nor will any single or partial exercise of any right preclude any other of further exercise of it.
c. Unless indicated otherwise, a person who is not subject to these Terms shall have no right to enforce or enjoy the benefit of any terms under these terms.
d. Nothing in these Terms shall be deemed to constitute or imply any partnership, joint venture, agency, fiduciary relationship, or other relationship between the Parties other than the contractual relationship expressly provided for in these Terms.
e. Neither Party shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance of these Terms which result from circumstances beyond the reasonable control of that Party, except for payment obligations. The Party affected by such circumstances shall promptly notify the other Party in writing when such circumstances cause a delay or failure in performance and when they cease to do so.
f. Without prejudice to any other rights or remedies a Party may have, the Parties each acknowledge and agree that damages may not be an adequate remedy for any breach of these Terms and the Parties shall be entitled to the remedies of injunction, specific performance and other equitable relief (but for the avoidance of doubt no right of rescission or, unless expressly permitted, termination) for any threatened or actual breach of these Terms.
18.1. In the event of a controversy, dispute, or claim (jointly and severally, a “Dispute”) in relation to, in connection with, or arising out of, the quality or delivery of the Partner Services, please approach the Partner who provided the Partner Services.
18.2. In the event of a Dispute in relation to, in connection with, or arising out of your use of Inypay Services, the Dispute shall be referred to and decided by the courts of the Republic of Singapore.
Except as expressly provided otherwise, these Terms and the relationship between you and us are governed by, and will be construed under, the laws of Singapore, without regard to choice of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
If you have any questions, complaints or claims with respect to the Inypay Services, please contact us at email@example.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.