1 INTRODUCTION, SCOPE, AND PARTIES
1.1 The Aspire corporate debit card (“Aspire Card”) is a Visa debit card powered and issued by NIUM Pte. Ltd. ("NIUM"). NIUM is regulated by the Monetary Authority of Singapore under RA No. 01454 and is a major payment institution under the Payment Services Act No. 2 of 2019.
1.2 Consumer advisory: Aspire FT Pte Ltd ("Aspire") is currently exempted from holding a licence under the Payment Services Act for the provision of Account Issuance Service, Domestic Money Transfer Service, and E-money Issuance Service for a specified period. This can be confirmed on the MAS website here.
1.3 The Agreement (as defined below) applies to the Customer's use of the Aspire Card, which is linked to a designated Account (as defined below).
1.4 Cardholders are advised to read these terms and conditions carefully before acceptance.
1.5 You accept the terms and conditions of the Agreement when you retain or use the Aspire Card. If you do not agree to these terms, you should not use the Aspire Card and you should contact Aspire immediately.
1.6 We may amend, supplement, delete and/or revise any part of this Agreement at any time with notice, and such changes shall take effect on the date specified in the notice. Your continued use of the Aspire Card after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance of the revised Agreement.
1.7 Aspire shall not be responsible to you for deficiencies in the provision of NIUM’s services or the manner in which NIUM’s services are provided in relation to the Aspire Card, or for any direct or indirect loss or damage to you suffered as a consequence, whether foreseeable or not, save for where such deficiency occurs as a direct result of gross negligence or wilful misconduct on our part.
2 DEFINITIONS AND INTERPRETATION
2.1 In this Agreement:
2.1.1 “Account” means each and any of your accounts maintained with Aspire and/or Aspire’s banking partners which you have designated as the account for the settlement of transactions made on your Aspire Card;
2.1.2 “Agreement” means these terms and conditions and any application forms, user guidelines, promotional terms and conditions, policies and any other document relating to the foregoing or forming our agreement, as may be amended and/or supplemented from time to time;
2.1.3 “Aspire”, “we”, “our” or “us” means Aspire FT Pte Ltd, its successors and assigns;
2.1.4 “Aspire Card” or “Card” means an Aspire debit card powered and issued by NIUM and any substitution, replacement or renewal thereof;
2.1.5 “Aspire Group” means Aspire and its related corporations, including any of Aspire’s subsidiaries, Aspire’s holding company and its subsidiaries (in each case wheresoever situate);
2.1.6 “ATM” means automatic teller machine or cashpoint facility or cash dispenser;
2.1.7 “Authority” means any government, quasi government, administrative, regulatory or supervisory body or authority, court or tribunal with jurisdiction over Aspire or its subsidiaries, holding company, affiliates or other related entities;
2.1.8 “Card Limit” has the meaning given to it in Clause 5;
2.1.9 “CVC” means card verification code or card verification value;
2.1.10“Foreign Currency” has the meaning given to it in Clause 7;
2.1.11 “Network” means a major national or international network or association such as American Express, Mastercard, Visa, RuPay, JCB, Discover, UnionPay or any other global or local network or association that Aspire and/or NIUM may work with from time to time to facilitate the use of the Aspire Card;
2.1.12 “NIUM” means NIUM Pte. Ltd., its successors and assigns;
2.1.13 “PIN” means any personal identification number, password, login identification number, customer identification number, electronic identification signatures or codes chosen by or issued to you for the purposes of operating the Account with the Aspire Card; and
2.1.14 “Single Transaction Limit” has the meaning given to it in Clause 5.
2.2 Words importing the singular include the plural and vice versa.
2.3 Words referring to the masculine also refer to the feminine and neuter genders.
2.4 Reference to a person includes references to a company, association or institution.
2.5 Reference to a Clause is to a clause of this Agreement.
2.6 Reference to “law” includes any statute, common law, principles of equity, order, regulation, rule, official directive, request, guideline, sanction, embargo or restrictive measure (whether or not having the force of law) of any Authority, any agreement with the Authority, and any interpretation, application, replacement, amendment or enforcement of such law.
2.7 Unless a contrary indication appears, a reference to a party or a person will be construed as including its subsequent successors in title, permitted transferees and assigns, in each case in accordance with their respective interests. These terms are binding on and enforceable against your heirs, personal representatives, administrators, executors and successors in title.
2.8 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
2.9 The headings to the Clauses are for reference only and are not intended to be taken into consideration in the interpretation of this Agreement.
3 USE OF YOUR ASPIRE CARD
3.1 The Aspire Card is a debit card which you may use to make online payments, and purchase goods and services online related to your business operations.
3.2 The Aspire Card is not a guarantee card, charge card or credit card.
3.3 The Aspire Card is a virtual card. No physical card will be issued to you.
3.5 You and your authorised person(s), and no one else, may use the Aspire Card to effect transactions on your Aspire Card, subject to the terms and conditions of this Agreement.
3.6 The Aspire Card remains the property of NIUM at all times.
3.7 The balance on your Account will be reduced by the amount of each online payment you make with the Aspire Card. You agree not to use the Aspire Card to make any payment in excess of the balance of funds available on your Account.
3.8 You shall, under no circumstances and whether with or without your knowledge, use or allow the use of the Aspire Card to effect any transaction which would contravene the laws of any jurisdiction. You also agree not to use the Aspire Card to pay debts incurred from online gambling, wagering, betting or other unlawful activities, or in countries subject to sanctions (which mean any economic sanctions, laws, regulations, embargoes or restrictive measures administered, enacted or enforced from time to time including by (i) the Monetary Authority of Singapore; (ii) the European Union; (iii) the United Nations; (iv) the United States of America; or (v) any other relevant sanctions authorities).
3.9 You may not use the Aspire Card for any transactions for cash, including but not limited to cash back, cash from a bank, money orders, cash withdrawals from ATM facilities in Singapore and such other jurisdictions where cash withdrawal would contravene the laws of such jurisdictions.
3.10 We reserve the right to terminate, suspend or restrict your Aspire Card, Account and/or PIN without any reason or notice. We may terminate, suspend or restrict your Aspire Card, Account and/or PIN on grounds relating (but not limited) to:
3.10.1 The security of your Aspire Card and/or Account;
3.10.2 Your Aspire Card number, CVC, expiry date or PIN;
3.10.3 The suspected unauthorized or fraudulent use of your Aspire Card or PIN; and/or
3.10.4 Compliance with applicable laws and regulations or any judgment or order of any court or Authority.
3.11 We are not responsible for the goods or services purchased using the Aspire Card. We are also not liable for the consequences of the failure of any merchant to honour the Aspire Card. Aspire is not the agent of any merchant and vice versa.
3.12 We may (but shall not be obliged to) provide additional services in connection with the use of your Aspire Card, on such additional terms and conditions that we may prescribe on our website or notify you from time to time. We may withdraw or change these additional services from time to time without notifying you. You are deemed to have accepted the terms and conditions governing these additional services if you apply for or use such services.
4.1 You undertake and agree that your use of your Aspire Card, your Aspire Card number or PIN constitutes your authorisation and consent to a payment transaction.
4.2 You are not able to stop a transaction after it has been transmitted or once you have given your consent to a merchant for a pre-authorised payment.
4.3 We may refuse to authorise any transaction that you wish to effect, without assigning any reason. Without prejudice to the foregoing, we may refuse to authorise any transaction that you wish to effect for the following (but not limited) reasons:
4.3.1 If the transaction causes you to go over the available balance of your Account;
4.3.2 If the transaction causes you to go over the applicable Card Limit and/or Single Transaction Limit; or
4.3.3 If Aspire reasonably believes that we have to do so in accordance with any applicable laws, rules or regulations in force from time to time.
5 CARD AND TRANSACTION LIMITS
5.1 Aspire may prescribe limits with respect to your spending on your Aspire Card ("Card Limit”), and may vary the Card Limit from time to time without notice to you.
5.2 Aspire may prescribe transaction amount limits on your Aspire Card (“Single Transaction Limit”), and may vary the Single Transaction Limit from time to time without notice to you. As at the date of this Agreement, the Single Transaction Limit of the Aspire Card is SGD25,000 per transaction.
5.3 You may carry out an Aspire Card transaction only if there is sufficient balance in your Account, the transaction amount does not exceed the applicable Single Transaction Limit, and the total charges incurred on the Aspire Card shall not exceed the applicable Card Limit. You shall not carry out or attempt to carry out any transaction that would result in any such limits being exceeded.
5.4 Notwithstanding any applicable Card Limit and/or any applicable Single Transaction Limit, Aspire may in its sole and absolute discretion approve, authorise or allow any transaction to be carried out even if such transaction would result in your Account being overdrawn and/or the Card Limit being exceeded and/or your Single Transaction Limit being exceeded. However, we may charge and debit from your Account, an overdraft fee based on the amount of the overdrawn balance existing at any time on your Account, and you shall pay us such overdrawn amount and fee on demand.
5.5 We have the sole discretion to determine whether your Card Limit and/or Single Transaction Limit has been exceeded, and our decision shall be conclusive and binding on you.
5.6 In calculating whether any Card Limit has been exceeded, Aspire may take into account the amount of any transaction not yet debited to the Aspire Card and of any authorisation given by you and/or Aspire to a third party in respect of a prospective transaction.
6 ACCOUNT BALANCE AND CARD TRANSACTIONS
6.1 You acknowledge and agree that you are solely responsible for ensuring that sufficient available balance in your Account.
6.2 Neither Aspire nor NIUM shall not be liable for any shortfall in the available shortfall and you may not request Aspire or NIUM to make up for any such shortfall.
6.3 You may use the Aspire website to check your available Account balance.
6.4 You may access your transaction data via the Aspire website using your login credentials.
6.5 A transaction performed on the Aspire Card will only be authorised if there is sufficient available balance in your Account to cover such transaction and the applicable Card Limit and applicable Single Transaction Limit has not been exceeded. If a transaction has been processed despite there being insufficient available balance in your Account, you shall be liable to Aspire for the shortfall and any other party for recovering or attempting to recover such shortfall from you.
6.6 Notwithstanding this Clause 6 and Clause 4.3, we may in our sole discretion, without providing any reason and without any liability to you, refuse to authorise any transaction.
6.7 You are fully responsible for ensuring that you only make payments to persons or entities in connection with commercial transactions in compliance with any applicable laws and regulations. At no time and under no circumstances shall you use the Aspire Card or any services provided by Aspire in connection with any illegal activities including but not limited to sanctions, money-laundering, fraud and the funding of terrorist organisations. If you are in doubt as to the legality of a supply or purchase, you should not continue with such payment.
6.8 You are deemed to have consented to all transactions made through the Aspire Card and you may not stop or reverse a payment on any translation after it has been settled to the relevant merchant.
7 FOREIGN CURRENCY TRANSACTIONS
7.1 The Aspire Card can be used for transactions that are denominated in a currency other than Singapore dollars ("Foreign Currency").
7.2 If you make a Foreign Currency transaction on the Aspire Card, the Foreign Currency amount will be converted to an amount in Singapore dollars for a fee and at such currency exchange rate that Aspire, NIUM and/or Visa may apply and levy at our discretion. Such fees and exchange rate are subject to change from time to time without notice. The currency exchange rate that may be applied may not be the rate as at the date of the transaction.
8.1 Your Aspire Card shall expire on the date printed on the Aspire Card. You are not able to use the Aspire Card after the date of expiry.
8.2 We will inform you prior to the expiration of your Aspire Card. You undertake to inform us in writing if you do not wish to have your Aspire Card renewed.
8.3 If no action is taken on your part in relation to the automatic renewal of your Aspire Card, you are deemed to have agreed to the renewal of the Aspire Card and the terms of this Agreement shall continue to apply.
8.4 If you request that your Aspire Card not be renewed, you will not be able to use your Aspire Card after the expiry date.
9 HOLD ON FUNDS
9.1 We may debit or place a hold on the balance on your Aspire Card and/or Account for the amount of a transaction either on the day it is presented to us for payment (including without limitation, a presentation by electronic means) or on the day that we receive notice of the transaction. Such an amount set aside or held is only an estimated sum of the actual transaction and may not be identical to the actual transaction.
9.2 We shall have absolute discretion to place such amounts as are referred to in Clause 9.1 on hold for such periods as we deem fit. Upon the expiry of such periods as we may determine, we shall debit such amounts on hold to your Account if the transactions in connection of which the amounts were placed on hold were presented to Aspire for payment, and Aspire shall credit such amounts placed on hold back to your Account if the transactions in connection of which the amounts were placed on hold were not presented to Aspire for payment, provided always that Aspire shall have the discretion to continue to place such amounts on hold if it is of the opinion that such transactions would be presented for payment within a reasonable time. For the avoidance of doubt, Aspire's right to debit the Account in respect of any transaction shall not be limited to the amount that was placed on hold in connection with that transaction. You agree that Aspire shall be entitled to debit the Account for the full amount of the transaction.
9.3 You may not stop payment on a transaction or use any amount placed on hold. For the avoidance of doubt, the amount placed on hold in respect of any transaction shall not be treated as conclusive of the amount of the transaction that would eventually be debited to the Account and in particular, for transactions denominated in a Foreign Currency, and shall not be deemed that Aspire, NIUM and/or Visa (as applicable) has converted the transaction into Singapore dollars on the day that the amount was placed on hold.
9.4 Where the amount of any transaction is denominated in a Foreign Currency, Aspire may decide in its sole discretion whether to hold that amount in that Foreign Currency or Singapore dollars. It is hereby further agreed that Aspire shall have the right to increase at any time the amount that it would hold in respect of any transaction which is denominated in a Foreign Currency if Aspire is of the view that the amount initially held when converted into that Foreign Currency would not be sufficient to satisfy payment of that transaction in full.
10 ASPIRE'S DISCRETION
10.1 You agree that Aspire is entitled, at any time in its sole and absolute discretion, and without giving any prior notice or reason, to refuse to approve any proposed transaction, notwithstanding that the applicable Card Limit and/or Single Transaction Limit would not be exceeded or if the balance in your Account would not be negative.
10.2 Aspire is entitled, in its sole and absolute discretion, without prior notice and without giving any reason, to:
10.2.1 Suspend your right to use the Aspire Card and/or Account entirely or in respect of specific transactions; and/or
10.2.2 Refuse to re-issue, renew or replace the Aspire Card, without, in any case, affecting your obligations under this Agreement which will continue in force and there will be no refund of any fees paid if the right to use the Aspire Card is so suspended by Aspire or if the Aspire Card is not so renewed or replaced.
10.3 Without prejudice to the other provisions of this Agreement, Aspire reserves the right, at any time, in its sole discretion and without prior notice and without giving reasons, to introduce, amend, vary, restrict or withdraw all or any of the benefits, services, facilities and privileges in respect of or in connection with the use of the Aspire Card and/or this Agreement.
11 FEES AND CHARGES
11.1 Aspire may at its discretion, charge and debit to the Account, the following fees:
11.1.1 Joining fee or annual fee for the issuance, maintenance and renewal of the Aspire Card;
11.1.2 Replacement fee for the Aspire Card;
11.1.3 Administrative fee for the production or retrieval of any documents of and relating to the Accounts and/or Aspire Card; and
11.1.4 Any fees and/or charges for any services provided or action taken by Aspire in connection with the Account and/or Aspire Card.
11.2 The amount of fees and charges payable by you shall be decided by Aspire and may change from time to time.
11.3 You are liable to pay for all GST, all other taxes imposed or payable in respect of any amount incurred on or debited to the Account and Aspire is entitled to debit the amount of such tax(es) to the Account.
11.4 Aspire is entitled to debit the Account at any time in respect of any sum howsoever due and owed to Aspire by you, whether in respect to a transaction, fees or charges or otherwise, and notwithstanding that the Account would be overdrawn as a result. We have the sole discretion to supplement, revise or waive any applicable fees and charges payable under this Agreement, without notice or reason.
11.5 Without prejudice to the foregoing, we may also debit your Account with the corresponding amount (or such other amount as we may notify you) to: (i) rectify any error in payment or record, whether arising from the reversal of any Aspire Card transaction posted on your Aspire Card or otherwise in relation to your Aspire Card use; and/or (ii) recover any loss arising from our payment on your behalf, in relation to your use of electronic or other services offered by us from time to time. Further and/or in the alternative, we may reverse any payment instruction if there is insufficient balance in your Account.
12 LOSS OR THEFT OF ASPIRE CARD / DISCLOSURE OF PIN
12.1 You must safeguard the Aspire Card and must ensure that your card number, CVC, card expiry date and PIN is not disclosed to any person, and you are solely responsible at all times for the security of the Aspire Card, and for all transactions and charges incurred on the Aspire Card.
12.2 You undertake to ensure that you:
12.2.1 Will not reveal or disclose your PIN and will not write down your password, PIN or any other security information you have given Aspire; and
12.2.2 Will only release the Aspire Card, card number or PIN to make a transaction.
12.3 If your Aspire Card is lost or stolen or if you believe that the Aspire Card, card number or PIN may be misused, you must:
12.3.1 Without undue delay, notify and give Aspire written notice thereof;
12.3.2 Assist in the recovery thereof or stop the use of the Aspire Card; and
12.3.3 Stop using the Aspire Card, card number or PIN immediately.
12.4 You must also notify Aspire immediately if the Aspire Card is damaged or not working properly.
12.5 Aspire may, in its sole and absolute discretion, issue a replacement Aspire Card or a new PIN upon such terms and conditions as we deem fit. We may, in our discretion, charge a fee for replacement cards.
12.6 If your Aspire Card has been used without your knowledge or permission, or is lost, stolen or if you think your Aspire Card may have been misused, we may disclose to law enforcement agencies any information we believe could be relevant.
13 PROBLEMS WITH GOODS AND SERVICES
13.1 We do not act as an agent for any merchant of the goods and/or services purchased by you using your Aspire Card. You agree that we are not liable in any way should you encounter any problems with the goods and services that you purchased with your Aspire Card. You are to seek redress directly from such merchant in respect of such goods and services.
13.2 Notwithstanding the non-delivery, non-performance or defects in any such goods and services, we shall be entitled to debit the full amount of such goods and services from your Aspire Card and/or Account. Your liability owing to Aspire is not affected by any dispute or counterclaim or right of set off which you may have against such merchant.
13.3 You acknowledge and agree that we are not responsible for any benefits, discounts or programmes of or offered by any merchant, and we make no representation as to the quality, provision, or performance of any such goods or services. You agree to resolve any complaints about the goods and/or services with the merchant directly, without referring to us.
14 EXCLUSION OF LIABILITY
14.1 Aspire shall not be responsible or liable in any way to you for any inconvenience, loss, damage, cost or expense of any nature or embarrassment or injury suffered or incurred by you or any third party, in each case whether foreseeable or not, resulting from, arising out of or in connection with any of the following:
14.1.1 if any merchant, establishment, or any other person refuses to accept or honour (or delays in accepting or honouring) the Aspire Card, card number or PIN for any reason;
14.1.2 any refusal or delay by Aspire, NIUM or any Network to authorise, process, facilitate or approve any transaction;
14.1.3 if you are deprived of the use of any goods, services, machinery, equipment, products and/or systems (whether electronic, telecommunicative or otherwise) as a consequence of any action, omission or delay by any merchant, establishment, Aspire, NIUM, any Network or any other party;
14.1.4 Aspire is unable to perform its obligations under this Agreement due, directly or indirectly, to the failure, defect or malfunction of any machine, system of authorisation, data processing or communication system or transmission link or any industrial dispute, war, Act of God or anything outside the control of Aspire, its servants or agents;
14.1.5 any damage to or loss of or inability to retrieve any data or information that may be stored in any microchip or circuit howsoever caused or any failure in the performance or function or breakdown or disruption of any of the Aspire's computers (whether hardware or software), machinery, equipment, products and/or systems (whether electronic, telecommunicative or otherwise) maintained by, used for, by Aspire or in connection with Aspire's business or otherwise whatsoever, including but not limited to the failure or inability of such computers, machinery, equipment, products and systems or any one or more of them to accept, recognise, store, process and/or transmit dates or data with respect to dates; and
14.1.6 the unauthorised use of the Aspire Card and/or Account or any services or facilities in connection therewith, or any transaction effected by an unauthorised person.
14.2 Without prejudice to the generality of the provisions of this Clause 14, Aspire is not liable in any way to you for any loss, damage, cost or expense of any nature arising out of or in connection with the use of the Aspire Card and/or this Agreement except where (and only to the extent that) you have conclusively established in the courts of Singapore that the aforesaid has occurred solely owing to gross negligence or willful default on our part.
15 REFUNDS AND CHARGEBACKS
15.1 If you wish to receive a refund after conducting a transaction with a merchant via the Aspire Card ("Refund"), you should approach the merchant directly with your request. If the merchant in its discretion decides to process your request for a Refund, we will credit your Account with the Refund after we receive the relevant amount from the merchant. Neither Aspire nor NIUM shall be obliged to investigate or defend the validity and/or value of any Refund.
15.2 If you wish to receive a refund from a merchant in respect of a disputed transaction ("Chargeback"), you should approach Aspire with your request and supporting documents relating to the transaction. If the dispute is resolved in your favour, we will credit your Account with the Chargeback after we receive the Chargeback. You acknowledge and agree that any decision of Visa regarding the validity and value of any Chargeback is valid and binding. Neither Aspire nor NIUM shall be obliged to investigate or defend the validity and/or value of any Chargeback.
15.3 You acknowledge and agree that the amount of any Refund or Chargeback received pursuant to any transaction made under the Aspire Card may be different to the amount originally processed on the Aspire Card due to exchange rate fluctuations or the amount received with respect to any Refund or Chargeback being a partial refund of the original amount.
16 VARIATION OF THIS AGREEMENT
16.1 Aspire may vary the terms of this Agreement at any time in such manner as Aspire may select and such changes may be notified to you by Aspire either in writing or by publication thereof on our website or by any other means or manner as Aspire may select. Such changes will be binding on you and take effect from the date specified in such notice.
16.2 If you do not accept any such changes, you may, within 14 days after Aspire has given such notice, terminate the use of the Aspire Card.
16.3 If you retain or use the Aspire Card after Aspire has given notice of any changes in this Agreement, you are deemed to have accepted and agreed to such changes without reservation.
17 RECOVERY OF COSTS
17.1 Any costs, fees or expenses (including legal costs) we incur as a result of your breach of the terms of the Agreement or otherwise arising out of our enforcement of any rights under this Agreement shall be recoverable by us from you on a full indemnity basis.
17.2 Without prejudice to the foregoing, you agree to indemnify and keep Aspire fully indemnified against all claims, demands, action, proceedings, losses, damages, costs and expenses of any nature (including legal costs and expenses), in each case on a full indemnity basis, suffered, incurred or sustained by Aspire, directly or indirectly, by reason of or in connection with this Agreement, including without limitation:
17.2.1 any use or misuse of the Aspire Card and/or Account including, without limitation, all transactions regardless of whether or not authorisation has been sought and/or given;
17.2.2 any breach of any provision of this Agreement by you or your authorised representatives;
17.2.3 the enforcement or protection of Aspire's rights and remedies against you and/or your authorised representatives, as applicable, under this Agreement;
17.2.4 an insufficiency of available funds in the Account to meet a request for payment of any transaction or settlement of any other liability hereunder. In this respect, Aspire may in its discretion allow the Account to be overdrawn and charge such payment or settlement to the Account together with any interest thereof as Aspire may deem fit; and/or
17.2.5 any change in any law, regulation or official directive which may have an effect on the Account and/or this Agreement.
18 CONSENT TO DISCLOSURE OF INFORMATION
18.1.1 any person or organisation providing (or participating in the provision of) electronic or other services in connection with payments and/or banking services, usage, or benefits made available to or utilised by you, whether in Singapore or outside Singapore, for the purpose of offering or operating the said services, including but not limited to, investigating discrepancies, errors or claims;
18.1.2 any merchant or establishment which accepts the Aspire Card;
18.1.3 NIUM and/or any partnering merchant, intermediary or third party which has a legitimate business purpose for obtaining such information, including offering you products or services in connection with your Account, Aspire Card and/or any transaction, and/or otherwise to facilitate your use of the Account and/or the Aspire Card;
18.1.4 any Network;
18.1.5 any payment processor, financial institution, intermediary or other party in any jurisdiction involved in facilitating, effecting or processing transactions on your Account and/or Aspire Card;
18.1.6 any party or intermediary in any jurisdiction involved in facilitating, processing or providing any service or facility in connection with your Aspire Card, Account, and/or any Aspire Card transaction;
18.1.7 any member of the Aspire Group and their respective agents, correspondents, independent contractors and/or associates, for the purposes of risk management, regulatory compliance and reporting, customer screening relating to sanctions, anti-money laundering and countering the financing of terrorism compliance processes, monitoring credit exposures across the Aspire Group and cross-selling;
18.1.8 any bank, credit or charge card company or merchants, for the purpose of any credit or other enquiry in connection with your Aspire Card, Account and/or any Aspire Card transaction;
18.1.9 any person or organisation engaged for the purpose of performance of our services or operational functions where these have been outsourced;
18.1.10 any agent appointed by us for the purpose of making, printing, mailing, storing, microfilming and/or filing any personalised statement of accounts, card, label, mailer or any other document or item on which your name and/or other particulars appear, or any data, record or document, and/or otherwise to provide a service to you;
18.1.11 any information garnering or processing organisation or consultant or entity conducting surveys or analysis or research or developing system applications for Aspire or any other member of the Aspire Group;
18.1.12 any person or organisation for the purpose of marketing or promoting any service or product of our own or jointly offered or developed by us;
18.1.13 the police, law enforcement agency or any public officer conducting an investigation into any matter relating to your Account, your Aspire Card or any Aspire Group member in any jurisdiction;
18.1.14 any government agency, authority, tribunal or court of any jurisdiction (or equivalent), in compliance with the order, notice or request of such agency, authority, tribunal or court, and/or applicable laws and regulations, and/or for commencing, defending or otherwise participating in any legal or administrative proceedings or inquiry before any court, tribunal or other agency or authority;
18.1.15 any person for the purpose of collecting or recovering on Aspire's behalf, or for securing for your benefit, or for the repayment on your behalf, any sums of money owing to Aspire by you;
18.1.16 any credit bureau of which Aspire is a member or subscriber or credit reference agents;
18.1.17 auditors and professional advisors including lawyers, insurers and receivers appointed by any member of the Aspire Group;
18.1.18 any person authorised to operate the Account or any guarantor or security provider of the Account;
18.1.19 any rating agency, business alliance partner, insurance company, insurer, insurance broker or direct or indirect provider of credit protection;
18.1.20 any person or organisation who, in the course of the sending and delivering of communication materials (including all forms of direct mailers and advertisements) from us to you or the prior preparation, sees any envelope or communication material sent by us to you, which bears our name and/or logo;
18.1.21 any person or organisation to clarify or correct any wrongful or erroneous belief, representation or allegation to any third party, whether made by you or on your behalf, both in public and in private, regarding any of the our dealings with you or otherwise in relation to our products, processes or policies, regardless of the form of media or platform which may include but is not limited to, published articles, posts, complaints or petitions; and/or
18.1.22 any other person Aspire considers it in its interest to make such disclosure, (and each of the foregoing persons similarly may disclose to the Aspire and to each other) full particulars of the Account, the Aspire Card, the transaction records and statements, and any other information in relation to you, the Aspire Card and/or your use of the Aspire Card where such disclosure is required by law or where Aspire deems appropriate, necessary or desirable in connection with its provision of its services and the enforcement of any rights and/or performance of any obligation in respect of or in connection with the Account, the Aspire Card and/or this Agreement or whenever Aspire considers it in its interest to make such disclosure.
18.2 Without prejudice to the foregoing, you agree that all personal data provided by you for the Aspire Card and information and details of your Account which may be issued to you and transactions made thereunder may be shared by Aspire with NIUM to enable NIUM and its agents, intermediaries and authorised service providers to collect, use and disclose your personal data to any person that NIUM deems appropriate or necessary for the purposes of: (i) processing your Aspire Card application and providing services associated with the Aspire Card; (ii) offering, marketing or promoting any promotion or offer relating to the Aspire Card; (iii) administering any benefit, privilege and term applicable to the Aspire Card; (iv) offering, marketing or promoting any product and/or service provided by NIUM; and (v) conducting research or analysis relating to any product and/or service provided by NIUM, whether conducted by the NIUM or jointly with any other party. You acknowledge and agree that Aspire and NIUM will be separately collecting, using and disclosing your personal data and each party shall only be responsible for its own collection, use or disclosure of your personal data, and shall not be liable for the other party's handling or use thereof. You agree to directly address any queries, access or correction requests, or complaints in relation to the handling of the personal data of you to the relevant party.
19 CANCELLATION, SUSPENSION AND TERMINATION
19.1 Aspire may cancel, suspend or terminate your Aspire Card and/or Account at any time without having to give any reason or notice to you.
19.2 NIUM may cancel, suspend or terminate your Aspire Card at any time without having to give any reason and upon written notice to Aspire and/or you.
19.3 You may terminate this Agreement and your Aspire Card by giving us 30 days written notice. Upon the termination of your Aspire Card, any accrued liabilities and all obligations under this Agreement will remain continuing and we shall remain entitled to debit from your Account, any amount outstanding and owing to us, including any overdraft charges and payments owing from Aspire Card transactions carried out before or after the termination of your Account.
19.4 The rights conferred on Aspire under this Agreement shall survive termination.
20 SET OFF AND CONSOLIDATION
20.1 Aspire may in its absolute discretion at any time and without prior demand or notice combine or consolidate any and all account(s) maintained by you with Aspire and/or set-off or transfer any sum standing to the credit of any or all such account(s) in or towards the discharge or payment of any and all sums due to Aspire from you on any other account including the Account designated hereunder or under this Agreement and Aspire shall be entitled to exercise this right notwithstanding that the balance due to Aspire on any account is not overdue and/or the use of the Aspire Card or the Account has not been closed or terminated.
20.2 Aspire is entitled to apply any and all payments it receives from or for your Account in such manner and order and to such transaction as it may determine or select regardless of any specific appropriation made by you or any person making such payment(s).
21.1 Aspire shall be entitled (but not obliged), at its sole discretion, to rely and act on any communication, requests or instructions which Aspire in its sole opinion believes originates from you (whether orally or in writing (including by email) and whether in person or over the telephone or by facsimile or other means of telecommunication and whether genuine or with or without your consent or authority), and any action taken by Aspire pursuant thereto shall bind you.
21.2 Aspire shall not be liable for any loss incurred in connection with our acting on or acceding to (or our refusal to act on) any instruction, communication or request from (or purportedly from) you, and you will indemnify us against any and all losses, claims and costs incurred by us arising out of or in connection with any request, communication or instruction from (or purportedly from) you.
21.3 Aspire shall not be under any duty to verify the identity of any person communicating purportedly as or on behalf of you.
21.4 Aspire may serve any writ of summons, statement of claim, statutory demand, bankruptcy application or other legal process or document in respect of any action or proceedings under this Agreement required by any relevant law, including without limitation, the rules of court or other statutory provisions, to be served on you by personal service, by leaving the same at, and/or sending the same by ordinary post, to the last known address (whether within or outside Singapore and whether such address is a post office box or is a place of residence or business) as may be provided or disclosed to Aspire or its solicitors. To the fullest extent permitted by law, you agree that such legal process or document is deemed to have been duly served on you even if it is returned undelivered: (a) on the date of delivery, if sent by hand and/or left at the last known address; or (b) on the date immediately following the date of posting, if sent by post. You further agree that service of such legal process is deemed to be good and effective service of such legal process on you and nothing in this Agreement shall affect Aspire's right to serve legal process in any other manner permitted by law.
22.1 If any one or more of the provisions of this Agreement or any part thereof is declared to be illegal, invalid or unenforceable under any applicable law, it will not affect the legality, validity or enforceability of the remainder of this Agreement in such jurisdiction or the legality, validity or enforceability of this Agreement in any other jurisdiction.
22.2 This Agreement covers the use of the Aspire Card, which is additional to those terms and conditions governing the operation of the Account and any other agreements that you have with Aspire. In the event of inconsistency, this Agreement shall prevail with respect to the use of the Aspire Card.
22.3 The remedies under this Agreement are cumulative and are not exclusive of the remedies provided by law.
22.4 No forbearance or failure or delay by Aspire in exercising any right, power or remedy is to be deemed to be a waiver or partial waiver thereof on the part of Aspire; and no waiver by Aspire of any breach of this Agreement on your part is to be considered as a waiver of any subsequent breach of the same or any other provision of this Agreement.
23.1 You may not assign, transfer or otherwise dispose of any of your rights, benefits or obligations under the facilities and/or the Aspire Card.
23.2 We may assign or transfer to any third party (including, without limitation, to any other corporation within the Aspire Group) any of our rights, benefits and obligations under the services and facilities granted to you and/or the Aspire Card without your consent or the need to provide you with any prior notice of such assignment or transfer, and you irrevocably consent to any such assignment or transfer by us.
24 CONCLUSIVENESS OF DOCUMENTS
24.1 Any document relating to any transaction bearing your signature (physical, digital, electronic or otherwise) or authorised by your PIN or otherwise made with your payment instruction shall be conclusive evidence of the fact that the transaction therein stated or recorded was authorised and properly made or effected by you.
24.2 If you do not notify Aspire in writing of any inaccuracy or error in any transaction statements or records within 7 days of the receipt or deemed receipt of such statements or records, it shall constitute conclusive evidence that:
24.2.1 every transaction stated therein has been effected by you; and
24.2.2 every charge stated therein, every amount debited therein has been validly and properly incurred or debited in the amount stated therein.
24.3 Nothing in this Clause 24 shall prevent Aspire from rectifying any errors, omissions in any statement, records or advice and any such amended statement, records or advice shall be binding on you.
25 CONTRACTS (RIGHTS OF THIRD PARTIES) ACT, CHAPTER 53B
A person who or which is not a party to this Agreement shall not have any right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any provision of this Agreement.
26 GOVERNING LAW AND JURISDICTION
26.1 This Agreement is governed by and construed in accordance with Singapore law.
26.2 You hereby submit irrevocably to the exclusive jurisdiction of the Courts of Singapore with respect to any claim or dispute concerning or arising from this Agreement or any transactions.