Terms and Conditions

1.

DEFINITIONS AND INTERPRETATIONS

1.1

In these Terms, unless the context otherwise requires:

1.1.1

“Applicable Laws”means all laws, regulations, codes of practice, policies, guidelines,instructions or other instruments having the force of law in whatsoever form that any competent regulatory, governmental or judicial authorities may issue from time to time relating to the Service or otherwise.

1.1.2

Application”means an application to register for the Service.

1.1.3

“AML/CFT” means anti-money laundering and countering financing of terrorism.

1.1.4

“Authorised Representative” is as defined in Clause 8.1.

1.1.5

“Beneficiary” means an individual who is nominated by a Customer to receive funds via the Service.

1.1.6

“Business Day” means a day on which banks are open for the transaction of general business in Singapore.

1.1.7

“Company”means a firm, company, corporation, statutory body, government body, partnership or unincorporated body of persons and “corporate customer” means a Company which has applied to use the Service, and where a corporate customer is a partnership or a body of persons, these Terms will bind the partners or such persons jointly and severally.

1.1.8

“Converted Amount” means, in respect of a Transaction the amount in the local currency of the relevant Territory that is credited into a Beneficiary’s bank account or made available for a Beneficiary’s self-collection, after converting the Remittance Amount based on the applicable Exchange Rate for the time being, subject nevertheless to the relevant terms of any third party service which may apply to such transaction.

1.1.9

“Counter” means the physical counters operated by Steadfast in Singapore to provide the Service and related services to Customers.

1.1.10

“Customer” means an individual or Company whose Application for the Service has been accepted by Steadfast and for whom the provision of the Service has not been suspended or terminated for any reason whatsoever, and (where the context so requires) includes Authorised Representatives of corporate customers.

1.1.11

“Customer Information” means all information which Steadfast obtains in relation to a Customer as a result of Customer’s registration and use of the Service, including any information which relates to Transactions, information which relates to another individual (including Beneficiaries), and any information of a Customer that is collected, used or disclosed as described in the Steadfast Privacy Policy.

1.1.12

“Exchange Rate” means the rate at which the Remittance Amount is converted into the Converted Amount.

1.1.13

“Intellectual Property Rights” means all intellectual property rights whether registered or not, including patent rights, registered designs, design rights, layout-designs, copyrights, trade secrets, trade marks and other similar proprietary rights, and shall include all rights of whatever nature in computer programs, firmware, micro-code and other computer software and data, and all intangible rights and privileges of a nature similar to any of the foregoing.

1.1.14

“Remittance Amount” means, in respect of a Transaction, the amount in Singapore Dollars specified by a Customer to be remitted to the relevant Beneficiary when making a Transaction request (prior to any conversion of such amount).

1.1.15

“Sender ID” means a unique customer identification number issued by Steadfast to each Customer upon successful registration.

1.1.16

“Steadfast Privacy Policy” means the current version of the data protection policy available at [www.steadfastmoneytransfer.com/privacy-policy]

1.1.17

“Steadfast Money Transfer Service” or “Service” means the remittance service provided by Steadfast that enables a Customer to remit funds to nominated Beneficiaries in the manner and subject to these Terms.

1.1.18

“Terms” means these General Terms and Conditions for the Steadfast Remittance Service, including any revisions, changes or amendments thereto from time to time.

1.1.19

“Territory” means the list of countries indicated at the Website or any other country designated as a participant country by Steadfast from time to time.

1.1.20

“Transaction” means a remittance transaction using the Service to transfer funds to a Beneficiary in the relevant Territory, performed by Steadfast at the Customer’s request.

1.1.21

“Transaction Request” shall have the meaning ascribed to it in Clause 4.1.

1.1.22

“Website” means www.steadfastmoneytransfer.com or such other internet website as Steadfast may maintain in respect of the Service.

1.2

Except to the extent that the context requires otherwise:

1.2.1

The headings or titles to the Clauses in these Terms are intended to facilitate reference and shall not be relied upon in the construction of any provision of these Terms;

1.2.2

The singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neuter gender and vice versa;

1.2.3

The words “include” or “including” in these Terms shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import.

2.

ELIGIBILITY

2.1

Applicants shall ensure the satisfaction of the eligibility criteria set out herein, including any revisions which Steadfast may make from time to time at its absolute discretion. Steadfast reserves the right to refuse to provide or suspend or terminate the Service in whole or in part, in the event that the eligibility criteria are not met, or cease to be met, as the case may be.

2.2

In order to be eligible to apply for and use the Service:

2.2.1

Applicants must be of the legal age of majority to contract in the jurisdiction in which they reside (and in any event, no less than eighteen (18) years of age) and be legally capable and permitted to agree to these Terms;

2.2.2

Applicants must have full capacity, authority and legal right to enter into and engage in Transactions, and must have taken all necessary action or obtained all necessary consents to authorise the their entry into these Terms and performance of the their obligations in respect thereof in accordance with Applicable Laws; and

2.2.3

Applicants shall comply with the provisions of these Terms and any registration guidelines or specific criteria in relation to the relevant Territory as may be set out by Steadfast from time to time.

3.

REGISTRATION AND REQUIREMENTS

3.1

Applications may be submitted in person at a Counter or at such other authorised locations or through such authorised channels as Steadfast may determine from time to time.

3.2

Each Application must be accompanied with or followed by the submission of such supporting documentation and information as Steadfast may require to facilitate assessment of the Application.

3.3

Applicants undertake that all information provided in or pursuant to their Application shall be true, accurate, current and complete at the time of application and for such time as they remain a Customer; and shall promptly notify Steadfast of any changes to such information in person and produce the original identification documents for verification at any Counter, unless otherwise instructed by Steadfast.

3.4

Applicants shall provide Steadfast with such information relating to each Beneficiary as may be required by Steadfast including the relevant bank account or cash out agent details in the Territory to which the funds will be transferred to such Beneficiary using the Service, and undertake that all information so provided shall be true, accurate, current and complete at all times. It shall be the applicant’s responsibility to ensure that any changes to information relating to Beneficiaries are promptly notified to Steadfast.

3.5

Steadfast reserves the right at its absolute discretion to decline any Application in whole or in part (including in relation to the nomination of any Beneficiaries) without obligation to provide any reason for its decision.

3.6

Steadfast shall notify applicants as to whether their application has been accepted or rejected. Upon successful registration, each Customer shall be provided with a Sender ID, which Customers shall keep confidential at all times.

4.

TRANSACTIONS

4.1

Each request from a Customer for the transfer of funds to a Beneficiary (“Transaction Request”) shall be submitted to Steadfast in such manner and form and accompanied with such supporting documentation and information as Steadfast may require. The first Transaction Request must be made in person by the Customer or Authorised Representative at a Counter. Subsequent Transaction Requests may be made through the Website or in person or by using such services as Steadfast may offer for this purpose from time to time. Customers undertake that all information provided pursuant to a Transaction Request, including the relevant Sender ID and Beneficiary information, shall be true, accurate, current and complete at the time of the request. Steadfast shall not be responsible for verifying that the information provided is accurate, and shall be entitled to rely on the details provided or purportedly provided by Customers for purposes of performing the Transaction.

4.2

The conversion of the Remittance Amount into the Converted Amount shall be performed at the prevailing Exchange Rate at the time the Transaction Request was made by the Customer, as determined by Steadfast in its absolute discretion.

4.3

Customers may make enquiries in relation to our prevailing Exchange Rates by phone, email or in person. For the avoidance of doubt, Steadfast does not make any representation or warranty to Customers that the exchange rate quoted will be the best available rate and/or that the exchange rate quoted will be the Exchange Rate applied to the Transaction Request. Upon making the Transaction Request, Customers shall be deemed to have accepted prevailing Exchange Rate as determined by Steadfast in its absolute discretion and Steadfast will not entertain any dispute or requests for refunds arising from the Exchange Rate. Customers must make full payment of the Remittance Amount and all applicable fees before any Transaction Request will be processed. Such payment may be made by:

4.3.1

Cash;

4.3.2

NETS debit service; or

4.3.3

Bank transfer/PayNow transfer to our dedicated bank account.
Customers are responsible for including in the bank transfer/PayNow transfer the relevant Sender ID and/or the transaction reference number issued upon submission of the Transaction Request.

4.4

Steadfast uses safeguarding to protect the funds that Customers have transferred to us, keeping the money in established financial institutions. The money is deposited in SGD (or in SGD equivalent), or held in the exact currency in a dedicated and segregated customer account held by Steadfast with DBS Bank Ltd (DBS) and RHB Bank Berhad (RHB) as our safeguarding institutions. Steadfast does not offer or charge interest on the monies in customers’ balances with us, and interest on monies held on trust are not payable to customers. Such customer accounts are kept separate from the accounts used to operate Steadfast, and the monies held in such accounts are not subject to claims by our creditors. Customers’ money may be commingled with money received from other customers. Customers understand and accept that the risk of such commingling is that they may potentially be exposed to the losses of other customers as the monies are deposited together with and commingled in the same account. In the event that Steadfast becomes insolvent, Customers may claim their money from these customer accounts. Customers may not get back all their money if the money in the accounts is insufficient, or if any of the safeguarding institutions become insolvent.

4.5

Steadfast may take its customary steps for the Transaction according to these Terms. In so doing, Steadfast shall be free on behalf of the Customer to transfer or procure the transfer of funds by mail, telex, cable, SWIFT or any other means as it deems fit and to make use of any correspondent, sub-agent or other third party but in no case will Steadfast or any of its correspondents or agents be liable for mutilation, interruptions, omissions, errors or delay occurring in the electronic transmission, wire, cable, or mails, or on the part of any postal authority, telegraph, cable or wireless company, or any employee of such authority or through any other cause. Customers acknowledge that in order for any Beneficiary to successfully receive funds via the Service the Beneficiary must also be eligible to use relevant third party services in the Territory, including banking services and cash out agent services as the case may be. It is the Customer’s sole responsibility to ensure that their intended Beneficiaries are eligible to do so, and comply with all applicable terms relating to such third party services.

4.5

Customers agree that the continued provision of the Service by Steadfast in respect of Transaction Requests is subject to the following conditions:

4.5.1

Customers shall use the Service solely for their personal or business remittance needs (as the case may be) and in compliance with Applicable Laws, and may only register for and use the Service for the transfer of the Customer’s own funds;

4.5.2

Customers shall not use the Service on behalf of a third party or for any purpose or to any Beneficiary that is prohibited by any Applicable Laws;

4.5.3

Customers shall provide Steadfast with complete and accurate information relating to the and the Beneficiaries at the time of each Transaction Request;

4.5.4

Customers shall pass all checks and verifications that Steadfast may conduct from time to time, including such checks for AML/CFT and fraud;

4.5.5

Each Beneficiary shall pass all checks and verifications that Steadfast may conduct from time to time, including such checks for AML/CFT and fraud;

4.5.6

Each Beneficiary shall comply will any terms and conditions imposed by any relevant third party (including banking service providers or cash out agents) for the use of such relevant third party service;

4.5.7

Full payment of all applicable fees; and

4.5.8

The fufillment of any other requirements as Steadfast may notify Customers from time to time in relation to the Transaction Request.

4.6

Without prejudice to any other rights of Steadfast under these Terms, in the event any identification document submitted by the Customer is expired or invalid Steadfast shall be entitled to suspend the Service. Further, Steadfast may at its absolute discretion refuse to perform and/or complete any Transaction (including where the Customer fails to full any of the conditions set out in this Clause 4, in which case Steadfast shall refund the Remittance Amount which has been paid to Steadfast (or part thereof) in respect of such Transaction to the Customer in accordance with these Terms.

4.7

Steadfast does not generally place limits on the amount of money that Customers can send as long as Customers can provide supporting documents to show the purpose of the transaction, and the source of the funds. However, in the absence of supporting documents, the maximum amount of money that can be transferred per month depends on the type of Singapore pass the Customer holds, as follows:

4.7.1

Singapore Pink/Blue NRIC: S$20,000

4.7.2

S Pass / Employment Pass: S$20,000

4.7.3

Work Permit: S$10,000

4.7.4

Social Visit: S$2,000
Steadfast may, at its absolute discretion, revise or impose additional limits on Transactions whether on a per transaction basis or an aggregated basis, without prior notice.

4.8

Once the Transaction Request is accepted and processed, the Remittance Amount will be remitted and the Transaction is completed. The Beneficiary will be deemed to have received the funds once the Converted Amount is remitted into the bank account provided or collected in person through the relevant cash out agent, as the case may be.

4.9

If the Converted Amount cannot be remitted to the Beneficiary’s bank account for whatever reason whatsoever and howsoever arising within seven (7) Business Days or fails to be collected in person by the Beneficiary within thirty (30) Business Days of the date that Steadfast receives the Remittance Amount, the Transaction Request shall be deemed to have failed. Steadfast will notify the Customer of such failure for the Customer’s further instructions.

4.10

The Customer may not amend, cancel or withdraw a submitted Transaction Request unless Steadfast in its absolute discretion otherwise agrees in writing. For the avoidance of doubt, Steadfast shall not be liable to the Customer if Steadfast does not or is unable to stop or prevent the Transaction from going ahead.

4.11

The Customer agrees to bears sole responsibility for the use and safeguard of the Customer’s and Beneficiaries’ personal information when using the Service through the Website. The Customer is responsible for all Transaction Requests and shall exercise caution when transferring any Remittance Amount to unfamiliar Beneficiaries and be alert to the possibility of fraud.

4.12

In the absence of computation or manifest error, the Customer accepts that our record of Transactions shall be final and conclusive and binding for all purposes.

4.13

Subject to Applicable Laws, Steadfast may record any telephone conversation with the Customer and the Customer agrees that such recordings shall be admissible in evidence in any proceedings and shall be binding on the Customer.

5.

REFUNDS

5.1

Subject to Clause 5.3, Steadfast may at its sole and absolute discretion refund the Remittance Amount to the Customer where:

5.1.1

The Customer has provided Steadfast with erroneous Beneficiary information, provided that the Transaction has not been completed;

5.1.2

Where Steadfast has refused to perform and/or complete any Transaction; or

5.1.3

Where Steadfast at its sole and absolute discretion agrees to refund the Remittance Amount (or part thereof).

5.2

Refunds will only be made for the Converted Amount in Singapore Dollars at such exchange rate as may be determined by Steadfast at its sole and absolute discretion, less any fees or charges, including any transfer fees or administrative fees charged by Steadfast for any refund, and any fees or charges which may be imposed by any relevant third party service provider (including any banks).

6.

USE OF THE SERVICE

6.1

In using the Service, the Customer agrees that:

6.1.1

Unless there are sufficient funds transferred to Steadfast in advance for the amount requested to be remitted by the Customer (including all applicable fees), Steadfast shall not be obliged to act on the Customer’s payout instructions;

6.1.2

Steadfast may restrict, decline or refuse to carry out any Transaction Request at any time at Steadfast’s sole discretion without assigning any reasons thereto;

6.1.3

Although the Service may be accessible outside of Singapore via the Website, Steadfast accepts no liabilities whatsoever arising from any non-compliance with the laws of any country other than Singapore for the use of the Service;

6.1.4

The Customer must, if requested, specify the source of the Remittance Amount and the purpose of the Transaction per Transaction Request;

6.1.5

Steadfast may fully rely on all information provided or purportedly provided by the Customer including registration information and information for each Transaction Request. Any erroneous information provided by the Customer including misidentification of Beneficiary, incorrect names and/or account numbers shall be at the Customer’s sole responsibility and risk. The Customer undertakes to hold Steadfast harmless from any and all losses arising from any act or omission of Steadfast in reliance upon any such erroneous information;

6.1.6

In the event the Customer cancels a Transaction/Transaction Request or the Transaction is unsuccessful due to erroneous particulars provided by the Customer, the Customer shall remain liable for all applicable fees unless otherwise stated by Steadfast;

6.1.7

The Customer acknowledges that the timeframe for remittance payout to the Beneficiary shall be as stipulated by Steadfast;

6.1.8

For over the counter payouts to Beneficiaries, Steadfast’s and its partners’ payout timeframe is provided on a best effort basis where such payout to the Beneficiary shall be made in accordance with the Customer’s instructions as soon as reasonably practicable during business hours at the Beneficiary’s designated payout location; and

6.1.9

The use of third party services (including banking services and/or cash out agents’ services) is subject to terms and conditions imposed by the third parties. The Customer shall ascertain and keep updated of such applicable terms and conditions. Steadfast shall neither be liable nor responsible for any losses incurred by the Customer or any other person arising from the Customer’s use of the Service.

6.2

In using the Service, the Customer shall not:

6.2.1

Use the Website for unlawful purposes in any jurisdiction or in breach of these Terms;

6.2.2

Use the Service for any unlawful or illegal activity or in breach of any Applicable Laws; or

6.2.3

Modify, copy, distribute, reproduce, transmit, display, perform, publish, upload, post, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software or services obtained from the Website.

7.

FEES

7.1

Applicable fees will be stated on the Website. Steadfast reserves the right to revise the applicable fees at any time at its absolute discretion. Any revisions will be published on the Website.

7.2

The Customer shall be responsible for all taxes (including goods and services tax) imposed under Applicable Laws.

8.

AUTHORISED REPRESENTATIVES

8.1

Corporate customers acknowledge and confirm that any persons that they have authorised or are deemed to have authorised to access and/or use the Service (all such persons to be collectively referred to as the “Authorised Representatives“), are, subject to any restrictions that Steadfast may impose, severally empowered and authorised to give orders or instructions on the Customer’s behalf and shall act, without prejudice to any other capacity which such person may be transacting under, as the Customer’s agent when accessing and/or using the Service.

8.2

Corporate customers further acknowledge and confirm that Steadfast shall be authorised to disclose their information to their Authorised Representatives or any persons whom Steadfast reasonably believes in good faith to be Authorised Representatives.

8.3

Corporate customers acknowledge and agree that all use and/or access of the Service by the Authorised Representatives shall be deemed the Customer’s use. All references to the Customer’s use of the Service shall be deemed to include the Authorised Representatives’ use and/or access where applicable. Corporate Customers shall procure and ensure that each of their Authorised Representatives is aware of and complies with these Terms.

8.4

Where using the Service as an Authorised Representative, Authorised Representatives agree that:

8.4.1

These Terms shall apply to any such use; and

8.4.2

They shall be bound by and shall comply with all other terms and conditions or restrictions applicable to them in connection with such use (including being responsible for payments thereunder).
Authorised Representatives acknowledge and agree that Steadfast may limit, suspend or terminate their access to the Service as an Authorised Representative and that Steadfast is entitled to decline to act upon any instructions without incurring any responsibility for loss, liability or expense arising out of its decision(s).

9.

TERMINATION

9.1

Subject to Applicable Laws, Steadfast reserves the right to suspend at its absolute discretion for such period as Steadfast may consider appropriate or terminate the Service (in whole or in respect of any particular Territory) at any time upon written notice to the Customer. Such notice shall be effective upon posting on the Website or on such date as may be otherwise stated by Steadfast.

9.2

Without prejudice to Clause 9.1, Steadfast may suspend or terminate the provision of the Service to the Customer immediately by written notice (subject to Applicable Laws) to the Customer if:

9.2.1

The Customer has, or Steadfast has reason to believe that the Customer has, committed a breach of any of the of these Terms;

9.2.2

Steadfast has reason to believe that the Customer has misused or is likely to misuse the Service (including any unauthorised use or for any criminal or illegal purpose)

9.2.3

Steadfast has reason to believe that the Customer is using the Service or making any Transaction Request, on behalf of another party;

9.2.4

Steadfast has reason to believe that use of the Service is unauthorised;

9.2.5

Steadfast is required to do so in order to comply with Applicable Laws;

9.2.6

There is a material security threat to the Service (including risk of money laundering or terrorist financing);

9.2.7

In the opinion of Steadfast, the Customer has perpetrated a fraud on Steadfast or has conducted itself in a manner which constitutes an attempt to perpetrate a fraud on Steadfast;

9.2.8

The Customer causes or is likely to cause any failure, interruption, disruption or congestion of or in any network, system or services (whether of Steadfast or any other entity) relating to the Service;

9.2.9

The Customer is unable to pay his debts as they fall due or becomes bankrupt, or any action is taken by any creditor of the Customer to recover or enforce any security over any assets of the Customer or to enforce any judgment against the Customer;

9.2.10

The Customer dies, or becomes mentally incapacitated or suffers some other form of legal disability; or

9.2.11

Any representation or warranty made by the Customer to Steadfast is incorrect or misleading.

9.3

The Customer shall not be entitled to any payment, compensation or damages from Steadfast in relation to the termination of the provision of the Service to the Customer, except for refunds in accordance with these Terms. The termination of the provision of the Service to the Customer shall not release the Customer from any accrued liability at the time of termination.

9.4

The right to suspend or terminate the Service shall be without prejudice to any other rights or remedies which Steadfast may have under these Terms.

9.5

Upon termination of the provision of the Service (whether in whole or in respect of any particular Territory or in respect of the Customer):

9.5.1

The Customer shall immediately cease to have any right or benefit as a Customer under these Terms and save for provisions which expressly provide otherwise, neither Steadfast nor the Customer shall have any further obligations to the other;

9.5.2

Any Transactions that have not been completed will be terminated and the amounts remitted will be refunded to the Customer in accordance with these Terms; and

9.5.3

All sums due or accruing due or payable to Steadfast under these Terms up to and including the date of termination shall become immediately due and payable to Steadfast.

10.

INTELLECTUAL PROPERTY

10.1

All Intellectual Property in or relating to the Service belongs solely to Steadfast and its licensors. Nothing in these Terms shall be construed as granting the Customer any licence or right to use any Intellectual Property in or relating to the Service without the prior written consent of Steadfast. Any rights not expressly granted herein are reserved.

11.

EXCLUSIONS AND LIMITATIONS OF LIABILITY

11.1

The provision of the Service to the Customer is subject to conditions and third party actions on which the provision of the Service is dependent but which Steadfast has no control over including regulatory issues, currency availability, foreign exchange controls, any relevant bank’s and any cash out agent’s hours of operation, local and foreign business days and public holidays, the availability and connectivity of a suitable network infrastructure at the time when the Service is requested or performed, and capabilities of the relevant networks and delivery systems at the time and location when and where the Service is requested or performed. Notwithstanding anything to the contrary in these Terms, Steadfast shall not be liable in any way for any such conditions or third party actions or omissions.

11.2

The Customer acknowledges that he uses the Service at his own risk. Steadfast does not represent or provide any warranty that the Service will meet the Customer’s requirements or that the Service will always be provided uninterrupted or in a timely secure or error-free manner, or be available accessible or functional at all times. While Steadfast will make reasonable efforts to ensure that the Transactions are processed and performed in a timely manner, Steadfast makes no representations or warranties regarding the time needed to complete processing or to remit the amount to any Beneficiary. Further, all information stated on the Website is subject to change and Steadfast does not guarantee that such information is always printed error-free. To the fullest extent permitted by Applicable Laws, Steadfast expressly excludes any guarantee, representation, warranty or undertaking of any kind (including warranties of non-infringement), whether express or implied, statutory or otherwise, relating to or arising from the use of the Service or our performance of any Transaction.

11.3

The Customer is solely responsible for ensuring the accuracy and completeness of each Transaction Request, including Beneficiary information. To the fullest extent permitted by Applicable Laws, Steadfast shall not be responsible for any costs, losses, liabilities, expenses, claims or damages (whether direct, indirect or consequential) suffered or incurred by the Customer as a result of any Transaction Request being inaccurate, inadequate or incomplete in any way, or any failure, refusal, delay or error by any third party through whom the Transaction is made to the intended Beneficiary.

11.4

To the fullest extent permitted by Applicable Laws, and save for refunds in accordance with these Terms, Steadfast shall not be liable in any way to the Customer for any and all costs, losses, liabilities, expenses, claims or damages whatsoever (whether direct, indirect or consequential) in respect of any matter of whatsoever and howsoever arising (whether in contract, tort, negligence or otherwise), save where such losses or damages arise directly as a result fraud, gross negligence or wilful misconduct on the part of Steadfast, in connection with:

11.4.1

The provision and use of the Service (including any unauthorised use and/or access);

11.4.2

The performance of any Transaction (including any fraudulent Transactions);

11.4.3

Any failure, delay, interruption to or disruption of the Service or in the transmission or receipt of any data through the performance or the processing of the Transaction or the remittance of the Remittance Amount or the receipt of the Converted Amount by the Beneficiary, howsoever caused or arising;

11.4.4

Any event which Steadfast is not able to control or avoid by the use of reasonable diligence, including the failure, shortage or interruption of electrical power or supply, civil commotion, strikes, trade disputes, labour disputes, plaque, epidemic or quarantine, fire, flood, drought or acts of any government or sovereign, change in any Applicable Laws, acts of war or terrorism, the defaults, actions or omissions of any third parties (including third party service providers), extreme weather conditions and acts of God;

11.4.5

The disclosure by Steadfast of any Customer Information where such disclosure is made in compliance with these Terms or Steadfast Privacy Policy;

11.4.6

The use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any Customer Information or information transmitted through the use of the Service;

11.4.7

The Service and/or relating to the use of the Service;

11.4.8

Any error, omission or inaccuracy in any information provided by Steadfast whether to the Customer or any person and whether in any publication relating to the Service or as part of or in connection with the Service; and/or

11.4.9

The suspension, termination or discontinuance of the Service.

11.5

If for any reason Steadfast is unable to rely on the limitations of liability set out above, or is found to be liable to the Customer under other grounds (if any) and Steadfast’s liability is proven by the Customer, Steadfast’s maximum liability to the Customer whether in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever under any cause of action for any and all losses, damages or liabilities caused or arising from or in relation to Steadfast’s provision or operation of the Service or relating to these Terms shall be limited to Singapore Dollars Five Thousand only (S$5000) or the aggregate of the fees paid by the Customer to Steadfast for the Service during the last three (3) months immediately preceding the time of the claim by the Customer, whichever is lower. Steadfast’s maximum liability to the Customer in every one year period notwithstanding any number of events shall be limited to Singapore Dollars Five Thousand only (S$5,000).

12.

INDEMNITY

12.1

To the extent permitted by Applicable Laws, the Customer shall indemnify Steadfast and its directors, officers, employees, licensors and agents (the “Indemnified Parties”), from and against any and all costs, losses, liabilities, expenses (including legal fees), claims, damages or proceedings arising from or in connection with or by reason of (a) the Customer’s use of the Service; (b) any Transaction carried out pursuant to any Transaction Request made by the Customer; or (c) the Customer’s breach of any of these Terms.

12.2

The Customer’s obligations under this Clause shall survive any termination of the Customer’s relationship with Steadfast or the Customer’s use of the Service. Steadfast reserves the right to assume the defence and control of any claims, demands and actions, subject to indemnification by the Customer, and in such event the Customer shall fully cooperate with Steadfast in asserting any available defences.

13.

PERSONAL DATA

13.1

Subject to Applicable Laws, the Customer agrees to the provisions of the Steadfast Privacy Policy concerning the collection, use and disclosure of personal data.

13.2

To the fullest extent permissible under Applicable Laws, Steadfast may at any time, amend, supplement or otherwise vary these Terms and the terms of the Steadfast Privacy Policy, or make any changes to the Service. The Customer will be given reasonable advance notice (which may include advertisement, statements, letters, postings on Website or such other forms as Steadfast deems appropriate) of such amendments which shall constitute good and sufficient notice to the Customer. The Customer’s continued use of the Service after such notice shall be deemed to be the Customer’s acceptance of such amendments, and the Customer shall be bound by the Terms as amended.

14.

WAIVER AND SEVERABILITY

14.1

No failure or delay by Steadfast to exercise or enforce any rights conferred upon it by these Terms shall be deemed to be a waiver of any such rights or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.

14.2

Any part of any clause in these Terms that is held to be unenforceable, illegal or invalid for any reason shall to the extent permissible under Applicable Laws be severed save that the remaining clauses shall remain enforceable and valid to the fullest extent permissible under Applicable Laws.

15.

INCONSISTENCY AND NO ADVERSE INFERENCE

15.1

In the event of any conflict or inconsistency between the terms of any document (including application forms) and these Terms, such conflict or inconsistency shall, in the absence of any express agreement to the contrary, be resolved in a manner most favourable to Steadfast, to the fullest extent permissible under Applicable Laws.

15.2

No adverse inference shall be drawn against Steadfast by virtue of having drafted these Terms under contra proferentem or otherwise.

16.

ASSIGNMENT

16.1

The Customer shall not assign or transfer any or all of his rights, interest and obligations under these Terms without Steadfast’s prior written consent.

16.2

The Customer agrees that Steadfast may assign and transfer any or all of its rights, interests and obligations under these Terms to any related party without restriction. Any such assignment or transfer shall take effect upon posting on the Website or on such date as may be stated. In such event, all references to Steadfast in these Terms shall be construed as a reference to the assignee and transferee of Steadfast; and such assignee and transferee shall be entitled to enforce all rights and perform all obligations of Steadfast under these Terms as at the date of such assignment and transfer thereafter.

17.

NOTICES AND CORRESPONDENCE

17.1

All notices, communication and correspondence by Steadfast (“Communication“) may be sent to the Customer by hand, post, email, facsimile transmission or any other means deemed appropriate by us. Such Communication may be sent to the Customer’s address or email as maintained in Steadfast’s records or from which Steadfast has received any communication from the Customer. Any such Communication addressed and sent to the Customer shall be deemed to have been received by the Customer:

17.1.1

If delivered by hand, on the date and at the time it was delivered to (or left at) the Customer’s address;

17.1.2

If transmitted by way of email, immediately at the time of transmission by Steadfast;

17.1.3

If sent by post within Singapore, one (1) calendar day after it was posted, and if sent by post outside of Singapore, seven (7) calendar days after it was posted by Steadfast.

17.2

Any communication by the Customer to Steadfast shall be in writing in the English language unless Steadfast specifies otherwise. Steadfast reserves the right at its absolute discretion to regard any communication from the Customer as invalid or ineffective if Steadfast has not confirmed its receipt of such communication to the Customer.

18.

RIGHTS OF THIRD PARTIES:

18.1

A person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 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.

19.

GOVERNING LAW

19.1

These Terms are subject to and construed in accordance with the laws of Singapore and the Customer hereby submits to the non-exclusive jurisdiction of the courts of Singapore.