1.1. The www.pegepay.com website (“Website”), PeGePay Business mobile application (“App”), PeGePay SmartForms Connect (“Plugin”) and other related applications and services offered from time to time through the Website, the App and the Plugin (collectively, the “PeGePay Platform”) are products owned by and belonging to Pegebak Pte. Ltd, its subsidiaries and/or its affiliates (“PeGeBak”).
1.2. By accessing, using, downloading, browsing or otherwise interacting with the PeGePay Platform, you agree unconditionally to be legally bound by these terms and conditions which set out your right to access and use the PeGePay Platform (“T&C”). In short, the T&C supersedes all prior understanding and agreements and represents the entire understanding and complete legally binding agreement between you and PeGeBak.
1.3. We also maintain other terms and policies including our privacy policy. These additional terms and policies (whether referenced below or otherwise found on the PeGePay Platform) are fully incorporated into this T&C, and you agree to them unconditionally as well.
1.4. The T&C may be updated from time to time for any reason at our sole and absolute discretion. You may be notified of the changes via the email address provided by you at the time of registration but accept that you are ultimately responsible to check for changes to the T&C. If you do not accept any of the changes to the T&C, you should immediately cease and desist from using the PeGePay Platform. If you continue to use the PeGePay Platform, you are deemed to have agreed to the changes and your actions indicate your agreement to be bound by the new or revised T&C.
2.1. The PeGePay Platform is an online platform enabling you to utilize it in whatever manner deemed fit by you as long as it is lawful, compatible with the purpose of the PeGePay Platform and in line with the T&C.
2.2. The purpose of the PeGePay Platform is to act as a platform for businesses to either create hosted e-commerce sites for their end-user customers to transact orders, pay and receive purchased items via the pickup or delivery option or simply to effect/make or receive payments in a way where payments are made directly between the intended parties.
2.3. The PeGePay Platform is not a marketplace and PeGeBak is not a party to contracts of sale (or other forms of contract) made between sellers, buyers and other parties utilizing the PeGePay Platform. All contracts of sale (or other forms of contract) are entered into directly between you and the third-party.
2.4. PeGeBak does not screen / censor any listings and has no control over and makes no warranties, representations and/or guarantees in relation to the items offered for sale through the PeGePay Platform, including the existence, quality, quantity, merchantability, safety, accuracy of the description, fitness for purpose or legality of the items offered. Likewise, at no point does PeGeBak have any contact with the packages/items delivered (or the persons/entities delivering or providing the facilities for the collection of the packages/items) nor does PeGeBak have any knowledge of the contents of the packages/items.
2.5. As a matter of convenience, the PeGePay Platform may include links to other websites or material. This should not in any way be construed as an endorsement or a representation that any formal relationship exists, whether contractual or otherwise.
2.6. There is no guarantee that the PeGePay Platform will be fault-free, error- free, free of viruses or impervious to security breaches. The PeGePay Platform may suffer from downtime, connection issues, disruptions, glitches, technical issues or even be targeted by malicious actors. You agree that you are making use of the PeGePay Platform (including the provision of personal information and engaging/interacting with unknown third parties) entirely at your own risk, and that the PeGePay Platform is provided to you on an "AS IS" and "AS AVAILABLE" basis.
2.7. Your access to the PeGePay Platform may be restricted to allow for maintenance, repairs or if we at our sole discretion are no longer able to provide you (or any third party) access to the PeGePay Platform.
3.1. Registration is open to all companies, businesses, partnerships, firms. and individuals above the age of 18 for access and use of the PeGePay Platform.
3.2. To register for a PeGePay Platform’s account (“Account”) you must provide your full legal name, current address, mobile number, a valid email address, and any other information indicated as required. We may also require further information to be provided from time to time for the continued use and access to your Account. If you register an Account on behalf of a company, business, partnership or firm, you represent that you are authorized to act on behalf of such entity and bind the entity to this T&C.
3.3. We may reject your application for an Account, suspend or cancel an existing Account at our sole and absolute discretion.
4.1. When you register for an Account, you will be asked to create a password. To prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that any unauthorized person knows your password, you should change your password.
4.2. In addition to a password, you will also have to provide your mobile number as an additional factor to authenticate your identity.
5.1. We may receive information from you through your use of the PeGePay Platform and it is entirely your responsibility to ensure that accurate and complete information, including your payment particulars (QR code), is provided at all times.
5.2.You must update the provided information in the event such information is no longer accurate and/or complete. You are solely and entirely responsible for all consequences in relation to and/or arising from any error, accidental or otherwise, or any form of failure or omissions on your part to ensure the accuracy and/or completeness of your information, including erroneous transfers of monies, non-receipt of monies or any form of miscommunication.
5.3. You are also responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Content”).
5.4. We may at our sole and absolute discretion and without notice edit, remove or limit any Content made available through the PeGePay Platform.
6.1. All rights, titles, interest, content inclusive of all logos, button icons and other graphical elements, with the exception of 3rd party advertising banners, are owned by PeGeBak.
6.2. The PeGePay Platform is protected by copyright, trademark and other intellectual property rights.
6.3. You warrant that you own all Content or are licensed/authorized to use and grant PeGeBak the rights to make available the Content and to use the Content in connection with the PeGePay Platform. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.
6.4. You agree to grant PeGeBak a royalty-free and perpetual right to make available the Content and to use the Content in connection with the PeGePay Platform.
7.1. You are hereby granted a limited, terminable, non-exclusive right to access the PeGePay Platform only for the purpose for which the PeGePay Platform was set up for.
7.2. You may not use the PeGePay Platform for any of the following:
7.3. The PeGePay Platform may only be used by any individual or entity to set up an online store, sell products and services and collect payments or as a platform to effect/make or receive payments in a way where payments are made directly between the intended parties.
7.4. You further agree:
8. Violations of network security may result in civil and/or criminal liability. All such occurrences will be investigated and cooperation will be given to all law enforcement agencies.
9. If at any time during the use of the PeGePay Platform, you either intentionally or negligently or by way of omission mislead or misrepresent any fact pertaining to the nature of your business or product, your account will be terminated without notice.
10.1. The PeGePay Platform facilitates the making or receipt of payments only to the extent of generating a dynamic payment QR code image for your specific transaction payment using the QR code image you have provided in the PeGePay Platform’s payment settings. Actual transfer of funds is made directly from your bank account/e-wallet to the third party’s bank account/e-wallet linked to the payment QR code or from the third party’s bank account/e-wallet to your bank account/e-wallet linked to the payment QR code.
10.2. You shall be responsible for checking and verifying the correctness of the intended QR code settings inputs. Under no circumstances will PeGeBak be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, but not limited to, loss of money, goodwill or reputation, profits, information, other intangible losses, or any special, indirect, or consequential damages) resulting from the incorrect QR code settings input or from erroneous payments made due to an alteration, change or other technical issues in relation to the QR code for any reasons whatsoever.
11.1. If you need assistance with your account, you may find answers and support on our support knowledge base. You can also reach us with customer service questions at support@pegepay.com.
11.2. PeGeBak only provides best efforts service response to customer service queries and issues.
12.1. Your access to the PeGePay Platform and/or your Account will be suspended indefinitely or terminated immediately without notice at our sole and absolute discretion if you breach any of the T&C, if we deem it necessary to restrict and/or terminate your access to the PeGePay Platform, if there is reason to believe that there is likely to be a breach of security or if you are in any way misusing the PeGePay Platform.
12.2. Under no circumstances will PeGeBak be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, but not limited to, loss of money, goodwill or reputation, profits, information, other intangible losses, or any special, indirect, or consequential damages) resulting from the suspension or termination of your access to the PeGePay Platform and/or your Account.
13.1. In addition to other specific terms of the T&C and to the extent permitted by applicable law, under no circumstances will PeGeBak (including our officers, directors, agents and employees) be liable to you or any third party for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, but not limited to, loss of money, goodwill or reputation, profits, information, other intangible losses, or any special, indirect, or consequential damages) in connection with or resulting directly or indirectly from the access to (or inability to access) or use (or inability to use) of the PeGePay Platform, the actions or omissions of third parties, the unauthorized disclosure / leakage of any information provided to us or for any other reasons whatsoever.
13.2. Regardless of the above, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts which we have made from the specific transaction giving rise to the liability (if any), or (b) Singapore Dollars One Hundred (SGD100.00) only.
14.1. To the maximum extent permitted by applicable law, you agree to release, defend (at PeGeBak’s option), indemnify and hold PeGeBak and its personnel, harmless from and against any claims, actions, liabilities, losses, expenses or demands, including without limitation reasonable legal and accounting fees made by any third party due to or arising out of your breach of this T&C, your improper use of the PeGePay Platform or your breach of any law or the rights of a third party.
15.1. The T&C is subject to the laws of Singapore without regard to principles of conflict of laws. You hereby submit to the exclusive jurisdiction of the Singapore Court.
16.1. Any failure to exercise any particular right or provision of the T&C, shall not constitute a waiver of such right or provision unless acknowledged and agreed in writing.
17.1. If anything in the T&C shall be found by any court to be invalid or unenforceable, the invalidity or unenforceability of such shall not affect the remaining terms and conditions.
18.1. The PeGePay Platform may contain inadvertent inaccuracies or typographical errors. These will be corrected as and when found.