Terms of Use

Effective date: 20 September 2021

1. TERMS OF USE

1.1. General

1.1.1. These terms of use (“Terms of Use” or “Agreement”) shall apply to your use of the website https://aspireapp.com (or such replacement website) and the Aspire mobile application (together, the “Platform”) and the Electronic Services (as defined below).

1.1.2. The term:

1.1.2.1. “Account” means any and all accounts which is accessed by you in relation to the Electronic Services.

1.1.2.2. “Aspire”, “Company”, “we”, “our” or “us” means Aspire FT Pte. Ltd., a private limited company incorporated in Singapore.

1.1.2.3. “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).

1.1.2.4. “Authorised User” means any person(s) authorised by you from time to time to use the Electronic Services in relation to your Account.

1.1.2.5. “Content” refers to any information, images, links, sounds, graphics, videos, software, user interfaces, visual interfaces, computer code or other materials including quotes, news and research data that is available on the Platform. 

1.1.2.6. “Customer”, “you” and “your” refer to you as a customer of Aspire.

1.1.2.7. “Electronic Instruction” means any Electronic Payment instructions, communications, instructions, orders, messages, data, information or other materials received by us in relation to the Electronic Services which we reasonably believe come from you or your Authorised User.

1.1.2.8. "Electronic Payment" means any payments or transactions initiated or effected from your Account through Electronic Services. 

1.1.2.9. “Electronic Services” means any payment, transaction or other services or facilities which we may offer to you from time to time via electronic means, including any modification thereof made by us (the scope and nature of which shall be determined at our sole discretion). They may include transfer of funds, electronic statements, electronic advices, transaction alerts, debit cards or any electronic modes of operating the Account.

1.1.2.10. "Provider" means:

a) any person (individual or non-individual) in Singapore or otherwise, which offer services or products, directly or indirectly through the Electronic Services;

b) any person to whom we outsource certain functions or activities to allow us to operate and/or provide our Electronic Services;

c) any government, regulator, law enforcement agency, financial institution, and ancillary service provider (for example, telecommunication, internet access, cloud network, logistics, facilities management, data centres, system hosting, call centres, equipment and software providers), agent or subcontractor involved in our provision of Electronic Services; and

d) our agents or storage or archival service providers for the purpose of making, printing, recording, mailing, storage, and/or filing any documents or items on which such information appear.

1.2. Acceptance of terms

1.2.1. The Platform is maintained and operated by Aspire. Your use of the Platform is subject to these Terms of Use. You will be responsible for all transactions made by you or, from our view, authorized by you or your Authorised User. By using the Platform, you are deemed to have accepted and agree to be bound by these Terms of Use. If you do not agree to be bound by these Terms of Use, you should not access or use the Platform or any of the Electronic Services.

1.2.2. 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. Any such notices and updated terms will be published on the Platform. If you do not agree to changes made to this Agreement, you must notify us and discontinue your use of the Platform and all Electronic Services. Your use of the Platform following changes to this Agreement will constitute your acceptance of those changes.

1.3. Your Authorised Users

1.3.1. You may set up multi-user access for your Account and/or amend the access rights of any user for your Account, in each case, by submitting to us an authorisation request in such form and substance as we may require (“Authorisation Request”). 

1.3.2. Where an Authorisation Request provided to us appears to have been validly completed by you or your Authorised User, we may process such Authorisation Request without any further duty of verification and absent any manifest error, will consider any such Authorisation Request to have been correctly and validly issued by you or your Authorised User.

1.3.3. If your Authorised User accesses or uses our Electronic Services, we will deal with that person as if it was you using our Electronic Services and you shall ensure that each of your Authorised User is aware of and complies with this Agreement.

1.3.4. If you have authorised any person to give us Electronic Instructions on your behalf, you will be responsible for their actions and/or omissions, including any losses arising from any payments or transactions initiated or effected from your Account which they may undertake.

1.4. Access to the Platform

1.4.1. We may make Electronic Services available through different devices (for example, personal computers or mobile devices). The features of Electronic Services may vary and the access and features may differ depending on the type, system specifications and configuration of your device. To protect your Account, we may require a certain standard of specification, software version and such other technical requirements of your device used to access our Electronic Services.

1.4.2. If you access Electronic Services outside of Singapore, your access may be limited and subject to the relevant laws and regulations of that country. We will not be responsible for any fees, charges and expenses such as data roaming charges or any other charges which may be imposed by your telecommunication or other service providers in connection with the use of Electronic Services.

1.4.3. There may be circumstances where we may need to change the frequency and manner of use of our Electronic Services, transaction limits, operating hours and types of facilities and services. In certain situations, we may have to suspend the Electronic Services without giving you prior notice. Under such circumstances, we will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party.

1.4.4. We may introduce new or different forms of authentication service when you use our Electronic Services. We may replace the authentication service from time to time without prior notice to you.

1.4.5. We shall have the right to decline to act on any Electronic Instruction without incurring any responsibility for loss, claim, liability, cost or expense arising out of so declining to act if:

a) your Electronic Instructions are unclear, incomplete or inconsistent with other instructions issued to us by you or your Authorised User;

b) the Electronic Instructions have lapsed, been rendered invalid due to failure to comply with applicable conditions or are cancelled by a regulatory or governmental body;

c) the Electronic Instructions cannot be processed due to any disruptions that are beyond our reasonable control;

d) processing the Electronic Instructions might expose us to legal action or censure from any government, regulator or law enforcement agency; or

e) any Electronic Instructions would cause you to exceed your applicable transaction or Account limits.

1.4.6. We will treat all Electronic Instructions as final and unconditional when we receive them through the Platform. This means we shall be entitled (but not obliged) to effect such Electronic Instructions without your further consent and notice to you.

1.5. Integrity of the Platform

1.5.1. You agree that you will not:

1.5.1.1. 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;

1.5.1.2. 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, the Platform, any hardware, software, or equipment;

1.5.1.3. reproduce, duplicate, copy, sell, resell or otherwise exploit for any purposes, any portion of, use of, or access to the Platform;

1.5.1.4. modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Platform;

1.5.1.5. remove any copyright, trademark 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;

1.5.1.6. create a database by systematically downloading and storing any data or content available on the Platform;

1.5.1.7. take any action that may cause Aspire to lose any of the services from its internet service providers, payment processors, or other infrastructure suppliers; and

1.5.1.8. 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.

1.5.2. We will use reasonable efforts to ensure that the Platform is available at all times. However, the Platform will be unavailable during downtimes for scheduled or emergency maintenance and/or upgrades. In addition, certain products or services associated with the Platform may be available only within certain hours, the cut-off times for which shall be indicated in the relevant section of the Platform or otherwise notified to you.

1.5.3. We reserve the right to impose at its sole discretion limits on your access to and use of the Platform based on criteria determined by Aspire that does not have to be disclosed. Further, we reserve the right to change, suspend or discontinue any aspect or feature of the Platform at any time without notice and without liability.

1.6. Access to Platform outside of Singapore

1.6.1. Nothing herein shall be construed as a representation by us that the information and materials contained in or accessed through the Platform is appropriate or available for use in geographic areas or jurisdictions other than Singapore.

1.6.2. 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.

1.7. Security of your Account

1.7.1. If you discover or suspect any unauthorised or erroneous transactions from or to your Account, you must immediately contact us. Upon such discovery, you agree to take such steps to protect your Account, including changing any security codes, passwords to your email accounts and reporting such incidents to us immediately.

1.7.2. Where we are of the view that your Account and any associated security codes might have been compromised, in order to protect your Account, we may:

1.7.2.1. require that you and/or your Authorised Users identify yourselves to us by alternative means;

1.7.2.2. require any Electronic Instruction to be confirmed to us through alternative means; and/or

1.7.2.3. refrain from acting promptly upon any Electronic Instructions in order to confirm any Electronic Instructions, your identity and/or the identity of your Authorised Users.

1.7.3. In such circumstances, your Electronic Instructions might not be processed within expected periods and we will not be responsible for any inconvenience, loss, damage or injury suffered by you or any third party.

1.7.4. In respect of unauthorised or erroneous transactions from your Account, we will do our best to provide assistance to you, but we may not always be able to reverse such transactions. To assist us in our investigations and recovery efforts, we may:

1.7.4.1. request that you report unauthorised or erroneous transactions to the relevant law enforcement and/or regulatory authorities and provide us with such report; and/or

1.7.4.2. require information relating to such unauthorised or erroneous transactions, including how such transactions occurred.

1.7.5. If you are unable to or decline to provide the requested information above, our recovery efforts could be materially impeded or delayed.

1.7.6. Where such erroneous or unauthorised transactions were a result of your or any of your Authorised User’s action, authorisation (whether as a result of fraud or otherwise), recklessness or mistake, we will not be liable to you for any losses. Recklessness would include any failure by you or your Authorised Users to comply with this Agreement.

1.7.7. In respect of unauthorised or erroneous transactions to your Account, where we are satisfied that any sum credited to your Account was in fact unauthorised or erroneous (including any mistake made by us), we have the right to deduct such sums from your Account without your prior consent.

1.7.8. We shall retain the discretion to decline providing you with any Electronic Services where we have reasons to believe that you do not intend to use our Electronic Services responsibly.

1.8. Third party websites

1.8.1. The Platform may provide links to other websites and online resources that are owned or operated by third parties. Such linked websites are not under the control of any member of the Aspire Group and the Aspire Group cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website. Furthermore, the hyperlinks provided on the Platform shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by the Aspire Group. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.

1.8.2. Save and except with our prior written consent, you may not insert a hyperlink to the Platform or any part thereof on any other website or "mirror" or frame the Platform, any part thereof, or any information or materials contained on the Platform on any other server, website or webpage.

1.9. Intellectual property

1.9.1. The Contents on the Platform may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of Aspire.

1.9.2. All trade marks, service marks and logos used on the Platform are the property of the Aspire Group and/or the respective third party proprietors identified on the Platform. No licence or right is granted and your access to the Platform and/or use of the services available thereon should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade marks, service marks or logos appearing on the Platform without the prior written consent of the Aspire Group or the relevant third party proprietor thereof. Save and except with the Aspire Group's prior written consent, no such trade mark, service mark or logo may be used as a hyperlink or to mark any hyperlink to any Aspire Group member's site or any other site.

1.10. Disclaimer

1.10.1. We do not provide any warranty of any kind in respect of:

1.10.1.1. our Electronic Services, including warranties of accessibility, quality, provision or performance of any goods or services;

1.10.1.2. our Content, including warranties of accuracy, adequacy, currency or reliability;

1.10.1.3. hyperlinks on the Platform to any other websites or content, which are not an endorsement or verification of such websites or content.

1.10.2. You acknowledge and agree that we will not be liable to you or any of your Authorised Users for any loss, damage, cost or expense incurred or suffered in connection with:

1.10.2.1. the Platform or any Electronic Services not being available due to system or server maintenance or failure, the breakdown/non-availability of any network, any computer virus or malicious code, or any transmission interruption or failure ;

1.10.2.2. the non-delivery, delayed delivery, misdirected delivery or the non-receipt of any Electronic Services;

1.10.2.3. any non-processing or delay in processing of Electronic Instructions by us or by any Provider through whom your Electronic Instructions are transacted;

1.10.2.4. any transaction or Electronic Instruction initiated by you or your Authorised User being declined by any bank, financial institution, payment intermediary or other service provider;

1.10.2.5. inaccurate or incomplete Content, reliance on or use of the information provided on any channel and medium for any purpose;

1.10.2.6. any disclosure of any information which you have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under the applicable laws in Singapore;

1.10.2.7. any unauthorised and/or unlawful access to our machines, data processing system or transmission link;

1.10.2.8. any act of force majeure such as acts of God, war or warlike hostilities, civil commotions, riots, blockades, embargoes, sabotage, strikes, lock-outs, fire, flood, shortage of material or labour, power failures, delay in deliveries from sub-contractors; or

1.10.2.9. any event outside our control.

1.10.3. Any claims against or disputes that you may have with a Provider are to be settled between you and the Provider. You will not claim against us in this respect.

1.10.4. In no event shall we or any other member of the Aspire Group be liable to you or any other party for any indirect, special, incidental or consequential damages, loss of profits or loss opportunity arising out of or in connection with your use of the Platform or any Electronic Service even if we had been advised as to the possibility of such damages or losses.

1.11. Our Records

1.11.1. Our records and any records of the Electronic Instructions including Electronic Services operations and Electronic Payment maintained by us or by any relevant person authorised by us shall be binding and conclusive on you for all purposes whatsoever. They shall be final evidence of any Electronic Instructions, information and/or data transmitted using Electronic Services.

1.11.2. When we deal with you, we will treat all such records as final evidence and you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were incorporated and/or set out in electronic form or are produced by or were the output of a computer system. You hereby agree to waive any of your rights (if any) to so object. This provision shall also apply to all records maintained by a Provider designated by us.

1.12. Collection and use of personal information

1.12.1. We may collect and use information about you in accordance with our privacy policy (“Privacy Policy”). You may view a copy of the Privacy Policy on the Platform or request a copy from us.

1.12.2. You are advised to read the Privacy Policy carefully. If you do not agree to any terms of the Privacy Policy, you should not use or access the Platform or any Electronic Services and you should contact us immediately.

1.12.3. Without prejudice to the provisions of the Privacy Policy, you agree that any information provided by you may be disclosed to and used by the following parties:

1.12.3.1. credit bureaus and similar institutions to report or ask about your financial circumstances, and to report or collect debts you owe;

1.12.3.2.regulatory authorities, courts, and governmental agencies to comply with legal orders, legal or regulatory requirements, and government requests;

1.12.3.3. our service providers, affiliates, payment intermediaries, regulatory authorities and governmental agencies to detect and prevent fraud and any other criminal activity, and to protect Aspire and others against such fraudulent or criminal activity;

1.12.3.4. our affiliates and other members of the Aspire Group for marketing, risk management and transaction monitoring purposes;

1.12.3.5. our service providers who perform services for us and help us operate our business and the Platform; and

1.12.3.6. banks, financial institutions or other 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); and/or

1.12.3.7. to our professional advisors (including our lawyers) to protect and advance our rights.

1.12.4. We may transfer your personal data to service providers or companies within the Aspire Group throughout the world to process Electronic Instructions and your transactions and provide you with our products or services. You agree that your personal information may be processed, accessed or disclosed in countries outside of Singapore. Regardless of where we process your information, we still protect it in the manner described in our privacy policy and according to the applicable laws of Singapore.

1.13. Our rights

1.13.1. If Aspire, in its sole discretion, believes that you or your Authorised Users may have breached any provision of this Agreement, 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:

1.13.1.1. closing, suspending, or limiting your and/or your Authorised Users’ access to your Account;

1.13.1.2. contacting any person who may have transacted with you;

1.13.1.3. warning other customers of Aspire, law enforcement agencies, or impacted third parties of your and/or your Authorised Users’ actions;

1.13.1.4. updating inaccurate information you and/or your Authorised Users have provided to Aspire;

1.13.1.5. taking legal action against you and/or your Authorised Users;

1.13.1.6. terminating this Agreement;

1.13.1.7. terminating or revoking access to any other product offered to you by Aspire through or in connection with your use of the Platform;

1.13.1.8. fully or partially reversing a transaction carried out using the Platform; and/or

1.13.1.9. blocking your and/or your Authorised Users’ access to the Platform temporarily or permanently.

1.13.2. 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.

1.14. Duration of terms

1.14.1. This Agreement shall remain in form until terminated by Aspire. Aspire may, at any time and without giving any reason or notice, terminate your access to or use of the Platform. We shall tell you as soon as practicable by any notification method, including through Electronic Services. Such termination shall be effective on and from the date specified in the notice.

1.14.2. If we terminate your access to the Platform you will not have the right to bring claims against us, any other member of the Aspire Group or our affiliates with respect to such termination. The Aspire Group shall not be liable to you for any losses, costs, claims, expenses, fees or damages suffered or incurred in connection with any termination of your access to the Platform.

1.14.3. You can end any Electronic Services by giving us fourteen (14) days (or such shorter period as we may agree) advance written notice.

1.15. Governing law and jurisdiction / Rights of third parties

1.15.1. This Agreement is governed by and construed in accordance with Singapore law. You agree that the courts of Singapore will have non-exclusive jurisdiction over any claim or dispute arising under or in connection with this Agreement.

1.15.2. Except as expressly provided in this Agreement, nothing in this Agreement, or any other terms and conditions referred to herein and incorporated by reference, gives rise to any third party rights under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore, to enforce any term of this Agreement. This provision shall not apply to members of the Aspire Group.