1.1 ACCEPTANCE OF TERMS
1.2.3 Should Aspire agree to provide its services for a particular product or service, this does not mean that Aspire is providing advice or opinion on the legality of the products or services, or on the appropriateness of such products or services for you.
1.3 PLATFORM ACCESS
1.3.1 The Platform shall be available for access at all time save and except for notified downtime for scheduled or emergency maintenance. However, certain products or services associated with the Platform may be available only within certain hours, the cutoff times for which shall be indicated in the relevant section of the Platform.
1.3.2 You are responsible for all access to the Platform using your credentials. All instructions, actions or notifications carried out or communicated by you via the Platform shall be deemed to be yours, even if the access is by another person.
1.3.3 You may set up multi-user access for your account on the Platform using a letter of authorisation (the “Letter of Authorisation”) and/or amend the access rights of any user for your account, in each case, by completing and submitting to us a Letter of Authorisation.
1.3.4 Where a Letter of Authorisation is provided to us in relation to your account on the Platform, which appears with reasonable care and diligence, to have been validly completed by you and provided to us, we will process such Letter of Authorisation without any further duty of verification and absent any manifest error, will consider any such Letter of Authorisation to have been correctly and validly issued by you, or your authorised user.
1.3.5 We will use reasonable efforts to ensure that the Platform is available at all times. However, we cannot guarantee that the Platform or any individual function or feature of the Platform will always be available and/or error free. The Platform may be unavailable during periods when we are implementing upgrades or carrying our essential maintenance on the Platform.
1.3.6 Aspire reserves the right to impose at its sole discretion limits on your use of the Platform based on criteria determined by Aspire that does not have to be disclosed.
1.3.7 We reserve the right to change, suspend or discontinue any aspect of the Platform at any time, including hours of operation or availability of the Platform feature, without notice and without liability.
1.4 ACCESS TO PLATFORM OUTSIDE OF SINGAPORE
1.4.1 We make no promise that the materials on the Platform are appropriate or available for use in locations outside Singapore. Accessing the Platform from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Platform from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
1.5 YOUR USE OF THE PLATFORM
184.108.40.206 Use the Platform for any fraudulent or unlawful purpose (including the purchase or sale, or the facilitation of the purchase or sale of illegal goods or services), or for any purpose which might directly or indirectly violate any law, statute, ordinance, or regulation. Aspire shall report any suspicious activity and cooperate with any relevant law enforcement agency or regulator;
220.127.116.11 Use the Platform to abuse, exploit or circumvent the usage restrictions imposed by a merchant on the services it provides, or to obtain goods or services without paying the amount due partially or in full, save and except where partial payment is expressly permitted under a product offered on the Platform by Aspire;
18.104.22.168 Use the Platform to defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity;
22.214.171.124 Impersonate any person or entity, false state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform or express or imply that we endorse any statement you make, or otherwise provide Aspire with any false, inaccurate or misleading information;
126.96.36.199 Use the Platform to carry out any activities for which you or Aspire are not duly licensed to the extent required under any applicable law or regulation, or the carrying out of which activity would necessitate Aspire to obtain any license or regulatory consent;
188.8.131.52 Instruct Aspire to send or receive what Aspire reasonably believes to be potentially fraudulent funds on your behalf;
184.108.40.206 Refuse to cooperate in an investigation or provide confirmation of your identity;
220.127.116.11 Conduct your business or use the Platform in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other liability to Aspire, third parties or you;
18.104.22.168 Interfere with or disrupt the operation of the Platform or the servers or networks used to make the Platform available or violate any requirements, procedures, policies or regulations of such networks, or take any action that imposes an unreasonable or disproportionately large load on the Platform or any associated network;
22.214.171.124 Transmit or otherwise make available in connection with the Platform any virus, worm or other computer code that is harmful or invasive or may or is intended to damage the operation of, or to monitor the use of, any hardware, software, or equipment;
126.96.36.199 Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Platform;
188.8.131.52 Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform. If you wish to reverse engineer any part of the Platform to create an interoperable program you must contact us and we may provide interface data subject to verification of your identity and other information;
184.108.40.206 Remove any copyright, trade mark or other proprietary rights notice from the Platform or materials originating from the Platform, or infringe any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
220.127.116.11 Frame or mirror any part of the Platform without our express prior written consent;
18.104.22.168 Create a database by systematically downloading and storing Platform content;
22.214.171.124 Take any action that may cause Aspire to lose any of the services from its Internet service providers, payment processors, or other infrastructure suppliers;
126.96.36.199 Use any manual or automatic device in any way to gather Platform content or reproduce or circumvent the navigational structure or presentation of the Platform without our express prior written consent. Notwithstanding the foregoing, we grant the operators of public online search engines limited permission to use search retrieval applications to reproduce materials from the Platform for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of such materials solely in connection with each operator's public online search service.
1.5.2 We reserve the right to revoke these exceptions either generally or in specific instances. Aspire may withhold or revoke its approval at any time where it finds this to pose a risk to Aspire’s business and/or reputation.
1.5.3 You must ensure that you only enter into transactions relating to the sale or supply of goods and services in compliance with all applicable laws and regulations. The fact that a person or entity accepts payments via the Platform is not an indication of the legality of the supply or provision of the goods and services.
1.5.4 You shall inform Aspire of any litigation, dispute, action or legal proceedings initiated against you by any third party which has or is likely to have an adverse effect on your ability to transact with or make fee payments to Aspire. Further, you shall expressly inform Aspire of any similar action directly or indirectly pertaining to your access to the Platform.
1.5.5 If Aspire, in its sole discretion, believes that you may have breached any provision of this clause 1.5, we may act to protect ourselves, other users of the Platform and third parties. The action Aspire may take includes but is not limited to:
188.8.131.52 closing, suspending, or limiting your access to your account with Aspire or any or the Platform;
184.108.40.206 contacting any person who may have transacted with you; contacting your bank or credit card issuer; and/or warning other users of Aspire, law enforcement, or impacted third parties of your actions;
220.127.116.11 updating inaccurate information you have provided to Aspire;
18.104.22.168 taking legal action against you;
22.214.171.124 terminating or revoking access to any other product offered to you by Aspire through or in connection with your use of the Platform;
126.96.36.199 fully or partially reversing a transaction carried out using the Platform; and/or
188.8.131.52 blocking your access to the Platform temporarily or permanently.
1.5.6 Where possible, Aspire will provide you with the relevant information regarding the actions imposed, but we may be unable to do so in accordance with the appropriate law including avoiding disclosing protected third party information or interfering in the course of an investigation.
1.6 SAFEGUARDING OF FUNDS
Aspire shall hold all funds associated with your Business Account and any payments you make or receive through the Platform with a locally licensed bank in an account that is segregated from the bank account Aspire uses for its own corporate operating expenses ("Segregated Account"). Aspire shall hold such funds as a bare trustee for you and the other users of the Platform. Aspire shall use them only in accordance with your instructions, and not for any other corporate purposes. However, the funds in the Segregated Account may be co-mingled with the money of other users of the Platform. Please note that as a result of such commingling, you may not get all your money back if (i) at the point of time of a claim, the funds in the Segregated Account are insufficient to settle all claims raised against the Segregated Account in full; or (ii) if the safeguarding institution becomes insolvent.
Our obligations as a trustee under any statute are excluded to the fullest extent allowed.
1.7 THIRD PARTY WEBSITES
1.7.1 The Platform may provide links to other websites and online resources. We are not responsible for and do not endorse such external sites or resources. Your use of third party websites and resources is at your own risk.
1.7.2 You may create a link to this Platform, provided that:
184.108.40.206 The link is fair and legal and is presented in a way that is:
220.127.116.11.1 Not misleading or could suggest any type of association, approval or endorsement by us that does not exist, or
18.104.22.168.2 Not harmful to our reputation or the reputation of any of our affiliates;
22.214.171.124 You retain the legal right and technical ability to immediately remove the link at any time, following a request by us to do so.
1.7.3 We reserve the right to require you to immediately remove any link to the Platform at any time and you shall immediately comply with any request by us to remove any such link.
1.8 INTELLECTUAL PROPERTY
1.8.1 Aspire owns all intellectual property rights in the Platform and all of the text, pictures, videos, graphics, user interfaces, visual interfaces, trademarks, logos, applications, programs, computer code and other content made available on it, are owned or licenced by us.
1.8.2 Intellectual property rights mean rights such as copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world).
1.8.3 Aspire’s intellectual property includes all logos related to the Platform. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Aspire.
1.8.4 You may not copy, imitate print or otherwise make copies of any such content or use Aspire’s intellectual property rights without Aspire’s express written permission.
1.9 LIMITATION OF LIABILITY
1.9.2 Aspire will not at any time, in any circumstances, be liable for any loss or damage including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of your use of the Platform.
1.9.4 Without prejudice to or limiting Aspire's rights in this paragraph 1.8, Aspire and Aspire's employees, contractors and agents will not be liable for any failure to perform their and Aspire's obligations if such failure arises from such circumstances reasonably beyond their and Aspire's control. These circumstances include, but are not limited to, strikes, lockouts, riots, labour disputes, epidemics, earthquakes, fire, floods and other acts of nature, government action or their agencies, war, sabotage or inability to obtain sufficient labour, fuel or utilities, communication line failures, power failures, power interruptions or shortages, computer or processing systems failures.
1.9.5 Aspire will not be responsible for delays or failures in accessing the Platform, or processing of transactions, or transactions being declined by any bank or service provider delaying or failing to implement any of the invoice payment instructions.
1.9.6 Aspire will endeavour to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond Aspire's reasonable control, or otherwise
1.9.7 Notice for non-Singapore entities: Aspire FT Pte Ltd is currently exempted from holding a licence by the Monetary Authority of Singapore to provide account issuance, domestic money transfer service and e-money issuance services.
1.10 COLLECTION OF PERSONAL INFORMATION
1.10.3 You agree that any information provided by you may be disclosed to and used by the following parties for processing, servicing or marketing purposes, such as:
126.96.36.199 with credit bureaus and similar institutions to report or ask about your financial circumstances, and to report or collect debts you owe;
188.8.131.52 with regulatory authorities, courts, and governmental agencies to comply with legal orders, legal or regulatory requirements, and government requests;
184.108.40.206 with our service providers, regulatory authorities, and governmental agencies to detect and prevent fraud or criminal activity, and to protect the rights of Aspire or others;
220.127.116.11 with our affiliates and group companies;
18.104.22.168 with our service providers who perform services for us and help us operate our business (we require service providers to safeguard Personal Data and only use your Personal Data for the purposes we specify);
22.214.171.124 with financial institutions or Partners with whom we jointly offer or develop products and services (but they may not use your Personal Data - in particular your email address - to independently market their own products or services to you unless you consent that they can do so);
126.96.36.199 in the context of a sale or investment in Aspire or any of our affiliates or group companies; or
188.8.131.52 for specific products or services, when you have given your consent.
1.11 DURATION OF TERMS
1.12 GOVERNING LAW
This non-exhaustive list reflects the products and services for which Aspire’s services may not be used for, or for which may only be used in circumstances expressly agreed upon in writing by Aspire.
2.1 ONLY FOR LAWFUL USE
You may use Aspire only for lawful purposes. You may not use our Services:
2.1.1 in any way that breaches any applicable local, national, or international law or regulation, or causes Aspire or its partners to breach any applicable law or regulation;
2.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
2.1.3 for the purpose of harming or attempting to harm minors in any way, or for the purpose of promoting of hate, violence, racial or other forms of intolerance that is discriminatory;
2.1.4 to infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction;
2.1.5 for any unsolicited or unauthorised advertising, promotional material, chain letters, door-to-door sales, or any other form of spam;
2.1.6 to deal in harmful programs such as viruses, spyware, or similar computer code designed to adversely affect the operation of any computer software or hardware;
2.1.7 in any way that would locally or internationally evade any applicable taxes or facilitate tax evasion;
2.1.8 to support pyramid or ponzi schemes, matrix programs, other multi-level marketing programs or schemes of similar description;
2.1.8 to offer or receive payments for the purpose of bribery or corruption.
2.2 ONLY FOR YOUR OWN PURPOSE
You may use Aspire only for your own operational expenses. Transfers done on behalf of clients will require specific approval from our compliance team.
2.3 ONLY FOR SUPPORTED BUSINESS ACTIVITIES
You may not use Aspire services for activities that are involved in any of the categories below under illegal or regulated activities and other activities. While this list is representative, it is not exhaustive, and Aspire reserves its right to deny its services to any customers who exceed our risk tolerance.
A. ILLEGAL OR REGULATED ACTIVITIES
2.3.1 Drug paraphernalia, narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety
2.3.2 Gambling and games where participants receive cash or cash equivalents or prizes with/of material value. (e.g. electronics, travel, gift cards etc.);
2.3.3 Weapons, ammunition, firearms, certain firearm parts or accessories, knives regulated under applicable law;
B. OTHER ACTIVITIES
2.3.5 Non-governmental organisations;
2.3.6 Organisations without beneficial owners such as Companies limited by guarantee;
2.3.7 Products or services related to political campaigning, social campaigning, governmental activities such as embassies;
2.3.8 Pseudo pharmaceuticals marketed via-unsubstantiated and/or unlawful health or medical claims and services associated with pseudo-science (e.g., clairvoyance, horoscopes, fortune telling, etc.);
2.3.9 Adult entertainment content & services, including escort agencies, massage parlours, sexual services, adult websites and content;
2.3.10 Atomic power related services;
2.3.11 Shell companies;
2.3.12 Correspondent banks;
2.3.13 Manufacturing or trade of oil additives;
2.3.14 Debt collection, recovery, and settlement services;
2.3.15 Recovery and collection past due receivables, credit repair/restoration, card protection (including identity theft protection), debt consolidation and mortgage reduction/consulting services;
2.3.16 Mining & Oil companies owning extraction/mining licenses.
2.4 BUSINESS ACTIVITIES WITH RESTRICTED ACCESS
Aspire reserves the right to limit the extent of our services for activities that are involved in the categories below. While this list is representative, it is not exhaustive, and we reserve our right to limit our services (including cross-border services) to any of those listed below who we deem outside of our risk tolerance.
A. FINANCIAL SERVICES ACTIVITIES
2.4.1 Investment and money management related activities;
2.4.2 Audit and financial consulting services;
2.4.3 Trading of commodities, metals & and precious stones;
2.4.4 Cryptocurrency services;
2.4.5 Auctions, Bidding fee auctions (a/k/a penny auctions);
B. OTHER ACTIVITIES
2.4.6 Prescription medicines and pharmaceuticals, and dietary supplements;
2.4.7 Products or services with potential military applications;
3.1 You, as the customer (“Customer”) shall be entitled to access a business payment account (the “Business Account”), its use thereof, and related payment services are provided by PayrNet Pte. Ltd., a company incorporated in Singapore (UEN No. 201913150C) with its registered office at 160 Robinson Road #14-04 Singapore 068914 (hereinafter referred to as “PayrNet”).
3.2 You hereby acknowledge and confirm that you have read, understood and accepted Aspire’s (i) Business Payment Account Terms & Conditions and (ii) Cardholder Terms & Conditions (accessible through Aspire’s website https://aspireapp.com). Our complete terms and conditions governing use of the Business Account are contained here.
4.1 INTRODUCTION, SCOPE, AND PARTIES
4.1.1 The Aspire corporate debit cards ("Aspire Cards") are provided by Aspire, and 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. Consumer Advisory – Aspire is currently exempt by the Monetary Authority of Singapore from holding a payment institution licence to provide payment services under the Payment Services Act (No. 2 of 2019). Aspire continues to provide such services pursuant to the Payment Services (Exemption for Specified Period) Regulations 2020.
4.1.2 You may only grant Aspire Card to other users of your account when they have a contractual business relationship with your business, such as directors, employees, shareholders, and contractors. These additional users will need to go through a verification process before the Aspire Cards are issued to them
4.1.3 The complete terms and conditions governing use of the Aspire Card are contained here. You should carefully read these terms and conditions before using the Aspire Card.
5.1 CASHBACK PROMOTION
5.1.2 This Cashback Promotion is valid until such time as may be extended or determined by Aspire in its sole and absolute discretion ("Cashback Promotion Period"). Aspire may terminate this Cashback Promotion with 30 days’ written notice of such termination.
5.2.1 To qualify for the Cashback Promotion ("Eligible Cardmembers"), you must:
184.108.40.206 Apply to open an Aspire Business Payment Account and Aspire Card;
220.127.116.11 Have your Aspire Card approved during the Cashback Promotion Period;
18.104.22.168 Be invited to participate in the Cashback Promotion by Aspire; and
22.214.171.124 Have your Aspire Business Payment Account and Aspire Card in good standing with Aspire during the Cashback Promotion Period.
5.3.2 "Qualifying Spend" means expenses transacted on the Aspire Card that are made at qualifying merchants and which are incurred to purchase online marketing and software as a service* services in order to qualify for the Cashback Promotion. You may refer to the full list of Qualifying Merchants (which Aspire retains the sole and absolute discretion to change from time to time) by accessing the list on Aspire's Website (https://aspireapp.com)
5.3.4 Cashback earned by you will be credited to your Aspire Business Payment Account following the month that the Qualifying Spend is made.
* Where any doubt exists as to whether a transaction qualifies as "online marketing" and "software as a service" for the purposes of the Cashback Promotion, Aspire shall be the sole and final arbiter of any decision as to the qualification of the transaction and will entertain no other disputes, complaints or disagreements thereto.
5.4 GENERAL TERMS
5.4.1 Aspire reserves the right at any time without giving any reason or notice to you to deduct, withdraw or cancel any Cashback awarded to you without liability. You will not be entitled to any payment or compensation whatsoever in respect of such deduction, withdrawal or cancellation.
5.4.2 Aspire's decision on all matters relating to the Cashback Promotion shall be final. No correspondence or claims will be entertained.
5.4.5 All Aspire Card cardholders consent under the Personal Data Protection Act (Cap 26, 2012) to the collection, use and disclosure of their personal data by / to Aspire and such other third party as Aspire may reasonably consider necessary for the purpose of the Cashback Promotion.
5.5 REFERRAL PROMOTION
5.5.2 This Referral Promotion is valid until such time as may be extended or determined by Aspire in its sole and absolute discretion ("Referral Promotion Period"). Aspire may terminate this Cashback Promotion with 30 days’ written notice of such termination.
5.6.1 The Referral Promotion is void where such referral promotions are prohibited by any force of law, regulation or rule where applicable.
5.6.2 To qualify for the Referral Promotion as a Referrer ("Eligible Referrer"), you must:
126.96.36.199 Apply to open an Aspire Business Payment Account and Aspire Card;
188.8.131.52 Have your Aspire Card approved during the Referral Promotion Period;
184.108.40.206 Be invited to participate in the Referral Promotion by Aspire; and
220.127.116.11 Have your Aspire Business Payment Account and Aspire Card in good standing with Aspire during the Referral Promotion Period.
5.6.3 To qualify for the Referral Promotion as a Referred Customer ("Eligible Referred Customer"), you must:
18.104.22.168 Not have had an existing Aspire Business Payment Account and Aspire Card at the time of the referral;
22.214.171.124 Have been validly referred, in good faith, by a Referrer of good standing;
126.96.36.199 Apply for your Aspire Card and have it approved under the Referral Promotion during the Referral Promotion Period; and
188.8.131.52 Make one purchase transaction, with a minimum invoice amount of S$5.00, on your Aspire Card after being referred by the Referrer.
5.7 QUALIFIED REFERRALS
5.7.1 The referral reward will be credited to Eligible Referrers and Eligible Referred Customers upon verification by Aspire that a qualified referral has taken place.
5.7.2 Referrers must respect the spirit of the Referral Promotion by refraining from engaging in dishonest practices, including but not limited to creating fake accounts or harassing potential referral sources.
5.8 GENERAL TERMS
5.8.1 Aspire reserves the right at any time without giving any reason or notice to you to deduct, withdraw or cancel any referral award awarded to you without liability. You will not be entitled to any payment or compensation whatsoever in respect of such deduction, withdrawal or cancellation.
5.8.2 Aspire's decision on all matters relating to the Referral Promotion shall be final. No correspondence or claims will be entertained.
5.8.5 All Aspire Card cardholders consent under the Personal Data Protection Act (Cap 26, 2012) to the collection, use and disclosure of their personal data by / to Aspire and such other third party as Aspire may reasonably consider necessary for the purpose of the Referral Promotion.
6.1.1 Outbound cross-border payment services, initiated by a user of the Platform, are provided through the Platform by Wise Inc. and its various group companies, including amongst others, Wise Asia-Pacific Pte. Ltd. (together, “Wise”). Use of Wise’s cross-border payment services are facilitated by the Platform for your benefit and convenience (“Outbound Forex Services”).
6.1.3 For the avoidance of doubt, Aspire shall not be responsible to you for deficiencies in the provision of Wise’s Forex Services or the manner in which these services are provided, and any direct or indirect loss or damage to you suffered as a consequence, save for where such deficiency occurs as a direct result of gross negligence or wilful misconduct on our part.
6.2.1 Inbound cross-border payment services, where the funds are to be received by a user of the Platform, are provided by Wallex and its various group companies, including amongst others, Wallex Technologies Pte. Ltd. (together, “Wallex”). Use of Wallex’s cross-border payment services are facilitated by the Platform for your benefit and convenience (“Inbound Forex Services”).
6.2.3 For the avoidance of doubt, Aspire shall not be responsible to you for deficiencies in the provision of Wallex’s Inbound Forex Services or the manner in which these services are provided, and any direct or indirect loss or damage to you suffered as a consequence, save for where such deficiency occurs as a direct result of gross negligence or wilful misconduct on our part.
Aspire may modify the Terms of Aspire to reflect changes in Aspire’s business, applicable law, or for other reasons deemed necessary by Aspire. If the terms of the Terms of Aspire change, Aspire will provide notice, which may include, but is not limited to notice provided through the Aspire website or an Aspire user account. Except where prohibited by law, updates to the Terms of Aspire will apply once the changes have been posted or notice has otherwise been given. Changes to the Terms of Aspire will, however, not apply retroactively. If You do not agree to changes made to the Terms of Aspire, you must discontinue your use of the Service.
7.1 YOUR REPRESENTATIONS AND WARRANTIES
7.1.1 You have the authority to enter into the Terms of Aspire and utilise the Service on behalf of your organisation. You represent and warrant that you have the authority and capacity to bind the organisation to these Terms of Aspire.
7.1.2. You represent and warrant that your use of the Service will not (a) infringe any copyright, trademark, or patent; (b) misappropriate any trade secret; (c) be deceptive, defamatory, obscene, pornographic or unlawful; (d) contain any viruses, worms or other malicious computer programming codes intended to damage Aspire's system or data; (e) violate any laws or regulations; and (e) otherwise violate the rights of a third party.
7.2 YOUR OBLIGATIONS AND RESPONSIBILITIES
7.2.1. You are solely responsible for maintaining the confidentiality and security of your account password and other account information. For your protection and the protection of other users, Aspire requests you not to share your registration information with anyone else. If you do share this information with anyone, any use of the Service shall be deemed to have been authorised by you.
7.2.2. You agree to immediately notify Aspire of any unauthorised use, or suspected unauthorised use of the Service or any other breach of security. Aspire cannot and will not be liable for any loss or damage arising from your failure to comply with the requirements in this paragraph 2.
7.2.3. You agree that all information you provide to Aspire to use the Service is correct to the best of your knowledge at the time you supply it.
7.2.4. You agree that it is your responsibility, not Aspire’s, to pay all invoices in a timely manner. It is your responsibility to ensure that sufficient credit is available in your Aspire account at all relevant times to enable payment of the invoice.
7.2.5. Where an invoice payment is declined by the Bank or the Biller for any reason your invoice payment transaction will not result in payment of your invoice and will remain unpaid. You will be responsible for any additional fees and charges levied by the Bank and/or the Biller.
7.2.6. You agree that You:
184.108.40.206. Will supply Aspire, upon request, with all information Aspire reasonably require in order to enable Aspire to provide the Service to you; and
220.127.116.11. You will be responsible for the final approval and payment of the Invoice.
7.3.1. Currently, the Bill Pay is FREE for all existing Aspire customers and you are not charged anything for using this Service.
7.3.2. However, Aspire retains the right to charge fees in order to render the Service in the future. Should Aspire choose to do so, it shall provide you prior written notice of any fees proposed to be charged, in order to allow you to determine whether to continue using the Service or not.
7.4 USING THE BILL PAY SERVICE
7.4.1. Instructions on how to use this Service may be found here aspireapp.com/bill-pay
7.4.2. You must follow the instructions on how to access and use the Service as advised by Aspire from time to time.
5.1. Invoices sent before 3 PM, Singapore time, on a Business Day will be processed on that same Business Day. Other invoices sent after 3 PM Singapore time on a Business Day, or sent on a day that is not a Business Day, will be processed on the next Business Day. Aspire will endeavour to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond Aspire's reasonable control, or otherwise.
5.2. Aspire will add the invoice reference number as description of the payment request to reconcile invoice and payment request.
5.3. Aspire is not responsible for the processing Bank or the Biller delaying or denying an invoice payment.
5.4. Where a payment is declined by the Bank it will result in your invoice remaining unpaid. In the event of a "declined" payment, you will be responsible for any additional fees and charges levied by either the Bank and/or the Biller.
5.5. Aspire is entitled to refuse to process an invoice payment request at any time, or may require additional information from you, before Aspire processes the request. Aspire shall be under no obligation to process any payment request in respect of an invoice where it reasonably suspects a breach of sanctions, anti-money laundering or anti-bribery legislations.
5.6. Transaction Cancellation, Alteration, Dispute or Complaint - you are unable to cancel, alter or reverse transactions that you may have approved, using this Service. If You believe an invoice payment is incorrect, unauthorised or you wish to make a cancellation for any other reason, you must immediately contact Aspire by email email@example.com, or by phone at +65 3165 1500 during business hours (Monday to Friday, 9:30AM to 6:30PM Singapore time).
7.6 WARRANTIES AND LIMITATION OF LIABILITY
6.1. You expressly acknowledge that you shall use the Service at your sole risk, and that Aspire provides the Service on an “as is” and “as available” basis, with all faults and defects. Aspire expressly disclaims any warranties, representations and undertakings of any kind, whether expressed or implied, including, without limitation, any warranties in respect of non-infringement of third party rights, merchantability or fitness for purpose.
6.2. Aspire will not at any time, in any circumstances, be liable for any loss or damage including but not limited to any loss of data, loss of savings, loss of business, loss of profit, or any other direct, indirect, special or consequential damage, in each case whether arising from negligence, breach of contract, breach of statutory duty or otherwise which is in any way connected with or arises out of your use of the Service.
6.3. Without prejudice to or limiting Aspire's rights in paragraph 6.1 above, Aspire and Aspire's employees, contractors and agents will not be liable for any failure to perform their and Aspire's obligations if such failure arises from such circumstances reasonably beyond their and Aspire's control. These circumstances include, but are not limited to, strikes, lockouts, riots, labour disputes, epidemics, earthquakes, fire, floods and other acts of nature, government action or their agencies, war, sabotage or inability to obtain sufficient labour, fuel or utilities, communication line failures, power failures, power interruptions or shortages, computer or processing systems failures.
6.4. Aspire will not be responsible for delays or failures in accessing the Service, or processing of transactions, or transactions being declined by the Bank delaying or failing to implement any of the invoice payment instructions.
6.5. Aspire will endeavour to process all transactions without delay, but expressly disclaim any and all liability for any processing delays, or the consequences of any processing delays, which may occur in any circumstance, whether beyond Aspire's reasonable control, or otherwise.
7.7 DATA PRIVACY
7.8 OWNERSHIP OF INTELLECTUAL PROPERTY
8.1. Except with respect to Personal Data and invoices, you agree that Aspire, its affiliates and its licensors own all rights, title and interest in Bill Pay and all information, materials, and data thereon (including but not limited to, any computer code, objects, stories, dialogue, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, transcripts, documentation, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Bill Pay or the Service.
8.3. You hereby grant Aspire the right to de-identify and analyze any data or information you provide us through the use of the Service, including, without limitation, invoices, and agree that Aspire exclusively owns such de-identified data and any improvements or new services arising therefrom. Additionally, you agree that we shall have the right to collect usage data and metrics with respect to your use of the Service, and may use such data to provide and/or improve the Service.
9.1. These Terms and Conditions remain in effect until your use of the Service is terminated by Aspire.
9.2. Aspire may terminate or suspend the Service, or your use of the Service, for any reason at any time. Aspire shall not be liable to you for any losses or damages which you may suffer as a result of Aspire’s decision to terminate or suspend the Service or your use of the Service.
9.3. Termination of the Service, or your use of the Service, shall not relieve You of any responsibility to pay outstanding fees or charges or other liabilities incurred prior to the date of termination. After termination, You cannot make further use of the Service.
7.11 GOVERNING LAW AND JURISDICTION
11.2. Any disputes arising from or in connection with them, Bill Pay or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Singapore.
7.13.1. “Bill Pay” means the service to pay your business related invoices to recipients who are able to accept FAST transfers. This service is for existing Aspire customers only.
7.13.2. “PDPA” means the Personal Data Protection Act 2012.
7.13.3. Personal Data” means data, whether true or not, about an individual who can be identified: (a) from that data alone; or (b) from that data and other information which Aspire has or is likely to have access to.
8.1 DIRECT DEBIT REQUEST SERVICE FOR PAYMENTS FROM YOUR ASPIRE BUSINESS PAYMENT ACCOUNT
8.1.1 By clicking the checkbox and indicating your acceptance of these Direct Debit Terms & Conditions, you authorise us to arrange for funds to be debited from your Business Account in accordance with your direct debit instructions and these Direct Debit Terms & Conditions.
8.1.2 You authorise Aspire to debit your Account, notwithstanding that doing so may result in an overdraft or an increase of the overdraft on your account. You undertake not to issue any direct debit instructions that would result in an overdraft on your account.
8.1.3 Aspire is under no obligation to make such payments if your account does not have sufficient funds on the day that the payment(s) is/are due nor to effect overdue payments even though funds are deposited in your account subsequent to the due date for payment(s).
8.1.4 You acknowledge that Aspire shall be entitled to deduct fees and charges from your account for each direct debit payment. Please refer to Aspire’s website for the full list of applicable fees and charges.Aspire reserves the right to revise any fees and/or charges from time to time without prior notice.
8.1.5 You acknowledge that a charge may be levied on each direct debit payment that is rejected due to insufficient funds.
8.1.6 You acknowledge that this authorisation regarding the direct debit shall continue to be in force until expressly revoked by you by clicking the relevant “delete/cancel” fields in the Aspire website to stop the recurring payment(s), it being understood that Aspire may, at its sole discretion, determine this arrangement by giving written notice to you at your address last known to Aspire. You acknowledge that any alteration and cancellation of the direct debit instructions should reach Aspire at least seven (7) days before the next successive payment is due. For all matters relating to the direct debit instructions, including cancellation, alteration or suspension of drawing arrangements or to stop or defer a payment, or to investigate or dispute a previous payment, you should:
(a) Contact us on:
Mail: 1 Syed Alwi Road #04-04 Singapore 207628; and
(b) Allow fourteen (14) days for the amendments to take effect or to respond to a dispute. If our investigations show that your Account has been incorrectly debited, we will arrange for your Account to be adjusted accordingly. We will also notify you in writing of the amount by which your Account has been adjusted. If, following investigations, we believe on reasonable grounds that your Account has been correctly debited, we will respond to you by providing reasons and copies of evidence for this finding
It is your responsibility to ensure that sufficient cleared funds are in the Account when the payments are to be drawn.
8.1.7 If the due date for payment falls on a day other than a Business Day, the payment will be processed on the next Business Day. If you are uncertain when the payment will be debited from your Account, please check with Aspire.
8.1.8 You hereby agree to absolve Aspire from any liability whatsoever in respect of any error or omission in the payment(s) to the payee and to indemnify Aspire from and against all claims, demands, losses, actions, proceedings, damages, charges and expenses, including legal costs, on an indemnity basis arising out of Aspire’s acceptance of and actions taken for your authorisation of the direct debit requests.
8.1.9 For returned unpaid transactions, the following procedure applies:
18.104.22.168 Aspire treats the payment as if it was never made;
22.214.171.124 services may be suspended until outstanding charges are paid; and/or
126.96.36.199 a fee may be applied for drawings that are returned unpaid;
188.8.131.52 We may cancel the DDR at any time if drawings are returned unpaid; and/or
184.108.40.206 we may attempt to debit the payment again from your Account.
8.1.10 Customer records and Account details will be kept private and confidential and disclosed only at your request or at the request of any third party financial institutions concerned with the matter in connection with a claim made to correct/investigate an alleged incorrect debit or otherwise as required by law.
8.1.11 If any provision of these Terms & Conditions are found to be illegal or void for any reason (e.g. a court or tribunal declares it so) the remaining provisions of these Terms & Conditions continue to apply to the extent possible.
9.1.1 You shall be responsible for keeping Aspire updated on any changes to the KYC information provided at the time of establishing the Business Account and/ or creating an account for accessing the Platform. In particular, you shall notify Aspire of any changes in your directors or ultimate beneficial ownership, failing which Aspire shall have the right to terminate or restrict your access to the Platform or the Business Account at its sole discretion.
9.1.2 You agree to cooperate with all requests made by us to identify or authenticate the identity of you, your directors, ultimate beneficial owners and partners (as appropriate) who may use the Platform from time to time, and validate your funding sources. Without limitation, we will need to identify and verify any new directors or replacement directors, ultimate beneficial owners and partners prior to such change taking place and it is not guaranteed that any such change will be approved by us. We reserve the right to close or suspend your Business Account and/ or access to the Platform if there is a failure by you to so notify us in advance of any change or we have any issues in identifying, verifying or approving you or any current or proposed directors, ultimate beneficial owners or partners (as appropriate).
9.1.3 We may confidentially verify the information you provide us or we obtain ourselves on you, your directors, ultimate beneficial owners, partners (as appropriate) by carrying out a soft credit check from one or more credit reference agencies.
9.3.1 We do not provide advice. We contract on an execution only basis. Information such as calculations and forecasts, may be provided to you from time to time, for example via the Platform or the Website, but this should not be deemed to be advice either upon the merits of a proposed transaction or upon any other matter. All calculations, forecasts and other information should be independently checked and verified. Before entering into any transaction on the Platform or the Website, you must make your and their own independent assessment as to whether it is appropriate to enter into a transaction based upon your own judgment and upon such advice from such advisers as you consider necessary. It is an express term that you are not relying upon any communication (written or oral) made by Aspire as constituting advice about or a recommendation to enter into any transaction on or using the Platform or the Website. Foreign currency exchange rates are subject to fluctuations outside our control. Past movements or trends in the movement of foreign currency exchange rates should not be taken as an indicator of future movements in such exchange rates.
9.4.1 Business Account means the account nominated by you for the direct debit, held with PayrNet, from which we are authorised to arrange for funds to be debited;
9.4.3 “PDPA” means the Personal Data Protection Act 2012;
9.4.4 Personal Data” means data, whether true or not, about an individual who can be identified: (a) from that data alone; or (b) from that data and other information which Aspire has or is likely to have access to;
9.4.5 ‘we’, ‘our’ or ‘us’ means Aspire FT Pte. Ltd.; and