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1. INTRODUCTION

1.1 Welcome to ShopeePay (the "Facility"), a payment facility issued by ShopeePay Private Limited (“ShopeePay”). These Terms of Service constitute a contract between you and ShopeePay and it governs your use of all Services (as defined below). Please read the following Terms of Service carefully before using this Facility or opening a ShopeePay account ("Account") so that you are aware of your legal rights and obligations with respect to us and our affiliates and subsidiaries (individually and collectively, "Company", "we", "us" or "our").

1.2 BY USING THE SERVICES OR OPENING AN ACCOUNT, YOU SIGNIFY YOUR IRREVOCABLE ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE FACILITY. IF YOU ARE BELOW 18 YEARS OLD, YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THESE TERMS OF SERVICE ON THE MINOR'S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR SERVICES, INCLUDING ANY TRANSACTION MADE BY THE MINOR, WHETHER THE MINOR'S ACCOUNT IS NOW OPEN OR CREATED LATER AND WHETHER OR NOT THE MINOR IS SUPERVISED BY YOU DURING HIS OR HER USE OF OUR SERVICES.

1.3 We have the right to revise these Terms of Service at any time without providing notice to you. Your use of the Services, this Facility, or your registration of an Account, shall be deemed irrevocable acceptance of these Terms of Service and any such revisions.  We reserve the right at all times, at our sole discretion, to change, modify, suspend or discontinue any portion of this Facility or the Services, including payment methods, temporarily or permanently, without notice to you or giving any reason. We may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. We may also impose limits on certain features or restrict your access to parts of, or the entire, Facility or Services in our sole discretion and without notice or liability.  We reserve the right to refuse to provide you access to the Facility or Services or to allow you to open an Account for any reason.

2. NOTICE FOR NON-SINGAPORE RESIDENTS

2.1 ShopeePay is licensed by the Monetary Authority of Singapore (“MAS”) to provide domestic money transfer services, cross-border money transfer services, merchant acquisition services, account issuance services and e-money issuance services. Please note that this does not mean you will be able to recover all the money you paid to ShopeePay if ShopeePay’s business fails.

3. SERVICES

3.1 The services we provide or make available include (a) the Facility, (b) the services provided through the Facility and by the Company’s client software (“Software”), and (c) all information, websites, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including without limitation any mobile application services) or other materials made available through the Facility or our related services ("Content") (collectively, the “Services”). Any new features added to or augmenting the Services are also subject to these Terms of Service.

3.2 Our Services are designed to facilitate registered users using our Software (“Users”) to place, accept, conclude, manage, and fulfill orders for the provisions of products and services, and to transfer funds between Users, online within the Facility (together, the “Transactions”). We reserve the right to change, upgrade, modify, limit, or suspend the Services or any of our related functions or applications at any time temporarily or permanently without prior notice. We reserve the right to introduce new features, functionalities, or applications to the Services or future versions of the Service. All new features, functionalities, applications, modifications, upgrades, and alterations shall be governed by these Terms of Service unless otherwise stated.

3.3 Top-Up Funds:  You may add funds to your Account via PayNow, credit/debit card, eGIRO, Mari Savings Account or any other payment methods made available to you from time to time. An administrative fee (as notified to you) for certain top-ups may apply. The charge will be reflected as an “Admin Fee” on the top-up page. The administrative fee (if charged) is non-refundable.

3.4 Auto Top-Up via Credit/Debit Card:  In the event you have subscribed, or intend to subscribe, to the auto top-up function available in the Facility (“Auto Reload Function”), you hereby confirm, consent and irrevocably authorize ShopeePay to charge your credit/debit card account for the pre-set reload sum whenever the Auto Reload Function is utilized. You further agree and undertake to comply with the terms and conditions imposed by the issuer of the credit/debit card. Provided none of the exceptions set out in Section ‎3.10 are applicable, and subject always to your compliance with your duties in Section ‎10, if we cause an incorrect amount of funds to be removed from your Account or cause funds from your Account to be directed in a manner inconsistent with your instructions, you agree that your sole remedy shall be to have the wrongly deducted sum returned to your Account.

3.5 Payment Methods

(a) You can keep and manage various kinds of payment methods in your Account (collectively, “Payment Methods”). Availability of a given Payment Method or its compatibility with ShopeePay may depend on your Payment Method and other factors and may change at any time.

(b) You may be able to save a Payment Method to your Account through the Shopee mobile application or website, ShopeePay or the Payment Method issuer’s application or website. In order to save a Payment Method, you must complete required information on any registration forms presented to you. The information that you provide must be current, complete and accurate, and you must maintain it as such. We may require you to provide additional information as a condition of continued use of ShopeePay, or to help us determine whether to permit you to continue using ShopeePay. When you save a Payment Method, ShopeePay may store information relating to the Payment Method, such as your name, User identification ("User ID"), phone number, account number, account information, billing address or delivery address, and other information relating to your account, and share such information with Shopee, to be reflected in the Shopee mobile application or website. ShopeePay reserves the right to modify, suspend, cancel and/or set any conditions, including but not limited to setting minimum spending amounts, for any Payment Method.

(c) Where you provide consent to us to link or save any Payment Method to your Account, you consent to us sharing such Payment Method information with any payment processor, payment gateway, payment facilitator or other payment intermediary, channel or service provider for purposes of storing such Payment Method information and processing payments using such Payment Methods.

(d) Where your Account is linked with your account with Shopee (“Shopee Account”) in accordance with Section ‎9.10, your saved Payment Methods will be able to be used in both your Account and your Shopee Account, and you may use the saved Payment Method on Shopee or on ShopeePay. Shopee’s services are provided pursuant to the terms, conditions and policies of use of service as determined by Shopee. By activating a Shopee Account and using Shopee services, you are deemed to have agreed to the terms, conditions, and policies as determined by Shopee, and hereby provide ShopeePay with your consent to transfer your personal data and Account-related information in ShopeePay’s possession/under ShopeePay’s control for the purpose of activating a Shopee Account, and to manage, operate, administer and provide Shopee services to you, and for all related and incidental purposes. The collection, use and processing of Users' data between Shopee and ShopeePay is governed by the Shopee Privacy Policy and ShopeePay Privacy Policy, respectively.

(e) Where your Account is linked with your Shopee Account, your saved Payment Methods will be able to be used in both your Account and your Shopee Account, and you may use the saved Payment Method with ShopeePay or on the Shopee app or website.

(f) Where we notify you that your saved Payment Methods will be charged in a specific order (“Payment Method Sequence”) for payments to merchants to whom you have linked your ShopeePay Account to ("Linked Services"), the first Payment Method in the Payment Method Sequence will be charged first, followed by the next Payment Method in the Payment Method Sequence (if the first Payment Method fails due to insufficient funds or other reasons), and so on, in the order in which the Payment Methods are listed. You hereby acknowledge and agree to such sequential payments being made for Linked Services and in the order in which your saved Payment Methods are listed. You acknowledge and agree that you will at all times maintain your saved Payment Methods for Linked Services in the order in which you agree to payments being deducted, and you may change the Payment Method Sequence at any time in your Account. You further acknowledge and agree that if you do not change the Payment Method Sequence, your saved Payment Methods will be charged in accordance with the pre-determined Payment Method Sequence set by us at our sole discretion.

(g) Except where ShopeePay or its affiliate is the issuer, neither ShopeePay nor its affiliates are a party to your Payment Methods' accountholder agreements, privacy policy or other terms of use. Nothing in these Terms of Service modifies any such payment method issuer terms. In the event of any inconsistency between these Terms of Service and your payment method issuer's terms or privacy policy, these Terms of Service will govern the relationship between you and ShopeePay, and your payment method issuer's terms will govern the relationship between you and the payment method issuer. ShopeePay does not make any representation or verify that any of your Payment Methods is in good standing or that the issuer of your Payment Method will authorize or approve any transaction with a merchant when you use ShopeePay for that transaction.

(h) Except where ShopeePay or its affiliate is the issuer, neither ShopeePay nor its affiliates are involved in issuing credit or determining eligibility for credit, nor do they exercise control over the availability or accuracy of Payment Methods or funds, the provisioning (or addition) of Payment Methods to ShopeePay, or addition of funds to Payment Method balances. For any concerns relating to the foregoing, please contact your Payment Method's issuer.

3.6 Payment Processing Services:  You may make payment to a third party, such as third party merchants (“3P Merchants”) through our Facility. By using our Services, you agree that we may use all information, including personal, billing, card and other Payment Method information, provided by you to us in the course of using the Services (“Payment Instructions”). You acknowledge and agree that it is your sole responsibility to ensure that all your Payment Instructions are correct, complete and accurate in every respect and you understand that time is required to process your Payment Instructions. The Payment Instructions provided by you will be treated as final and we will not be required to verify the Payment Instructions with you. Further, by providing us with your Payment Instructions, you agree to pay or allow us to deduct from your Account all fees and charges (if any) associated with your Payment Instructions. You will further ensure that any Payment Method associated with your Payment Instructions have sufficient balance.

Where we process your payments to a 3P Merchant, we are solely a payment agent and we do not hold any stock of goods purchased in our inventory. All feedback and complaints about your purchases should be directed to the relevant 3P Merchant. Your Payment Instructions may be made out through your Account balance or other payment source supported by us (and informed to you from time to time).

3.7 Refunds:  Your Account may be used to receive refunds from a cancelled Transaction. The terms of such refunds shall continue to be subject to the terms of service applicable to the Transaction between you and the 3P Merchants. Where you use our Facility to provide to us Payment Instructions, refunds will be received in accordance with Section 13.

3.8 Withdrawal:  Funds in your ShopeePay wallet (i) are not redeemable for cash, (ii) are not refundable except at our absolute discretion, (iii) cannot be resold or transferred for value, and (iv) shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.  We may decide to reverse or refuse transfers of funds at any time and at our sole discretion. There are two types of balances in ShopeePay: Transferable and Non-transferable balances. The Transferable balance includes top-ups from PayNow, eGiro, and local debit cards, Transfers received from other Shopeepay Users, and Refunds for previously made payments that were paid by payment channels other than Shopeepay wallet. Only Transferable balances are withdrawable to Users' bank accounts. Users are entitled to one free withdrawal per month (subject to changes we may communicate to you via the mobile application or website), and subsequent withdrawals are chargeable at amounts to that will be notified to you at the time of withdrawal. The Non-transferable balance includes top-ups from credit cards, and foreign debit cards, as well as cashback. 

3.9 Fees of Services:  We do not currently charge any fees for the use of the Services. However, we reserve the right to introduce or change any fees imposed for the use of the Services in the future and will automatically deduct the amount from your Account.

3.10 No Liability:  You acknowledge and agree that no liability shall be incurred by us if we are unable to complete any Payment Instructions initiated by you for any reason beyond our control including but not limited to the following:

    (i) if through no fault of ours, your Account does not contain sufficient funds or if the payment or purchase would exceed the Transaction limit set by you for your Account; 

    (ii) our payment processing centre is malfunctioning and you know or have been advised by us about the malfunction before you execute the Payment Instructions;

    (iii) you have not provided us with the correct Account information, or information that you provided becomes incorrect; and/or

    (iv) circumstances beyond our control (such as, but not limited to, fire, flood, or interference from an outside force), even if foreseeable or foreseen, that prevent the proper execution of the Payment Instructions and we have taken reasonable precautions to avoid those circumstances.

Provided that none of the foregoing exceptions are applicable, and subject always to your compliance with your duties in Section ‎10, if we cause an incorrect amount of funds to be removed from your Account or cause funds from your Account to be directed in a manner that does not comply with your instructions, you agree that your sole remedy shall be to have the wrongly deducted sum returned to your Account.  You agree and acknowledge to indemnify and hold us and our affiliates harmless from any and all claims, causes of action, damages, and judgments arising out of or relating to the foregoing.

In the event where a Transaction is terminated, we may, at our sole discretion, determine whether to refund part of or all the funds to the User. We may limit any or all of the Services available to any User, in accordance with these Terms of Service. No warranty or representation is given that the same type and extent of transactions, benefits, features and functions will be available to all Users. We reserve the right to refuse or cancel any Transaction for any reason at our sole discretion. Situations that may result in a Transaction being rejected or cancelled, include, but are not limited to problems which have been identified by our credit and fraud control department, and where we have reason to believe that the Transaction is unauthorised, violates any law, rule, or regulation, or may otherwise subject us or any of our affiliates to liability. We may also require additional verifications or information in respect of any Transaction.  We may impose additional restrictions, limitations, prohibitions or any other measures that we, in our sole discretion, deem necessary or reasonable for each Transaction.

You will be responsible for all Transactions made through the Facility via your designated Account, with or without your authority, knowledge or consent, and may not claim against us in connection with any such use or purported use.

4. SHOPEE COINS CASHBACK

4.1 Users may receive a voucher (“Shopee Coin Cashback Voucher”) entitling them to loyalty points ("Shopee Coins") on eligible Transactions made using ShopeePay with certain merchants (“Merchants”). Upon the completion of a successful Transaction where the Shopee Coin Cashback Voucher has been applied, Shopee Coins will be credited to a User’s Account based on the conversion rate as indicated in the terms and conditions of such Shopee Coin Cashback Voucher (“Shopee Coins Rate”) or as determined by ShopeePay in its sole discretion. Shopee Coins credited to a User following the application of a Shopee Coin Cashback Voucher shall have the same terms and conditions (including in relation to expiry) as regular Shopee Coins as set out in the Shopee Terms of Service. 

4.2 ShopeePay may allow Merchants to generate their own Shopee Coin Cashback Vouchers (each a “Merchant Coin Cashback Voucher”), which Users may apply to eligible purchases from the Merchant. If you are a Merchant that generates a Merchant Coin Cashback Voucher, you will be deemed to have consented to the terms and conditions described in this Section 4.

4.3 When generating a Merchant Coin Cashback Voucher, the Shopee Coins Rate will be determined by Merchant at Merchant’s own discretion. Merchant shall be solely responsible for the accuracy of the Shopee Coins Rate.  

4.4 For each completed Transaction where a User successfully applies a Merchant Coin Cashback Voucher, the Merchant shall pay ShopeePay the value of the additional Shopee Coins credited to the User (“Coin Cashback Price”). The Coin Cashback Price is calculated in Singapore Dollars as the number of Shopee Coins to be credited to the User’s Account divided by 100, rounded up to the nearest cent. The Coin Cashback Price is subject to GST (“Coin Cashback Tax Amount”), and the Merchant is responsible for paying such Coin Cashback Tax Amount.

4.5 Following the successful completion of a Transaction, ShopeePay shall deduct the Coin Cashback Price and Coin Cashback Tax Amount from the Merchant Account balance. ShopeePay shall issue receipts or tax invoices for the Coin Cashback Price and Coin Cashback Tax Amount on request. For the avoidance of doubt, the Coin Cashback Price and Coin Cashback Tax Amount applies in addition to any other fees payable under these Terms of Service and the ShopeePay Merchant Terms of Service. 

4.6 The Coin Cashback Price and Coin Cashback Tax Amount are strictly non-refundable.

5. SAFEGUARDING

5.1 All funds held in your Account will be safeguarded by ShopeePay in a trust account held with ShopeePay’s designated safeguarding institution. Your funds may be deposited in the same trust account, and commingled with, any funds topped up into the Accounts of other Users.

5.2 You acknowledge and agree that you are not entitled to accrue any interest in relation to any funds held in your Account.

5.3 You understand and accept that the risk of the commingling mentioned in Section 5.1 above is that you may potentially be exposed to the losses of other customers, as your funds are commingled with funds of other Users in the same trust account.

5.4 You acknowledge that in the unlikely event of insolvency of the safeguarding institution mentioned in Section 5.1 above, there is a risk you may not be able to fully recover your funds.

6. PRIVACY

6.1 Your privacy is very important to us. To better protect your rights we have provided the ShopeePay Privacy Policy to explain our privacy practices in detail. Please review the ShopeePay Privacy Policy to understand how we collect, store, use, disclose and process the information associated with your Account and/or your use of the Services. By using the Services or agreeing to these Terms of Service, you agree and consent to our ShopeePay Privacy Policy, including our collection, storage, use, disclosure and/or processing of your Content and personal data as described in the ShopeePay Privacy Policy.

6.2 Users in possession of another User’s personal data (the “Receiving Party”) must (i) comply with all applicable personal data protection laws; (ii) allow the other User (the “Disclosing Party”) to remove him/herself from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information has been collected about them by the Receiving Party.

7. LIMITED LICENCE

7.1 We grant you a limited licence to access and use the Services subject to the terms and conditions of these Terms of Service for personal use only. Unless we provide you with our consent, this licence does not allow you to make any commercial use or any derivative use of the Services (including without limitation any of our individual elements or Content). All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed in the Facility are the property of Company and where applicable, third party proprietors identified in the Facility. No right or licence is granted directly or indirectly to any party accessing the Facility to use or reproduce any such proprietary Content, trademarks, service marks, brand names, logos and other intellectual property, and no party accessing the Facility shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Facility and our Content. 

7.2 You agree not to copy, distribute, re-publish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Facility or our Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Facility on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given to standard search engine technology employed by Internet search websites to direct Users to this website).

8. SOFTWARE

8.1 Unless accompanied by a separate license agreement, any software provided by us to you as part of the Services is subject to the terms and conditions of these Terms of Service. The software is licensed, not sold, and we reserve all rights to the software not expressly granted by us. Any third-party scripts or code, linked to or referenced from the Services, are licensed to you by the third parties that own such scripts or code, not by us.

9. ACCOUNTS AND SECURITY

9.1 To access our Services, Users are required to register for an Account by providing certain personal information such as your mobile telephone number, selecting a password, and optionally selecting a unique User ID. If you select a User ID that we, in our sole discretion, find offensive or inappropriate, we have the right to suspend or terminate your Account.  

9.2 If you have not completed our know-your-customer measures, you can only store a maximum ("ShopeePay Wallet Limit") of SGD 1,000 (one thousand Singapore dollars) in your Account at any given time. You can upgrade your Account to increase your ShopeePay Wallet Limit to hold up to SGD 5,000 (five thousand Singapore dollars) if you complete the necessary know-your-customer procedures that may be required by us from time to time. 

9.3 Across any 12-month period, your cumulative value of Transactions conducted through the Account, including payments to Sellers and transfers to other Users’ Accounts, cannot exceed SGD 30,000 (thirty thousand Singapore dollars). Certain withdrawals to deposit accounts are excluded from this threshold. If any Transaction causes your Account to exceed this threshold (once executed), you will be notified by ShopeePay and we will not process or execute the relevant Transaction.

9.4 By setting up an Account, you confirm that you have provided us with your consent to use your personal information stored by the relevant 3P Merchant for verification if required; including, but not limited to, when your Account mobile-activated phone has been lost, stolen or deactivated.  By registering for an Account, you confirm that (a) you have provided us with your consent to use your personal information for the provision of Services; and (b) you will pay or allow us to deduct from your Account all fees and charges associated with the use of the Services.

9.5 You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. We have not reviewed, and assume no responsibility for any third party content, functionality, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our ShopeePay Privacy Policy, may also apply to your use of those products, websites or services.

9.6 You agree that we may for any reason, in our sole discretion and without notice or liability to you or any third party, immediately terminate your Account, and remove or discard from the Facility any Content associated with your Account. Grounds for such termination may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) fraudulent, harassing, defamatory, threatening or abusive behaviour, (d) behaviour that is harmful to other Users, third parties, or the business interests of the Company, (e) failure to accurately and promptly verify your identity and keep it up-to-date, such as concealing your real name, using fictitious names, or providing incorrect information, (f) the User's qualifications being inconsistent with the Company’s risk management policy , such as age, nationality, residence, source of income, status or occupation - in such case the Company uses fair criteria for consideration under a standard risk management policy, or (g) there being any cause that the Company considers in its sole discretion may pose a risk to the Company. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If you file a claim (under any cause of action whatsoever) either against us, or which in any way involves us, then we may terminate your Account.

9.7 If your Account is or remains inactive (which means you have not logged into your Account) for such period of time as determined by ShopeePay from time to time at its sole discretion, we reserve the right to adopt the necessary measures such as suspending or terminating your Account.

9.8 Prior to the termination of the Account, the remaining balance of funds in your Account must be nil. Should your Account be frozen or banned due to any investigation (or similar) by any Government/Authorized Body(s), we reserve the right to retain your money indefinitely and/or release it per instruction from the relevant Government or Authorized Body(s).

9.9 Your Account may be used to sign into, use or access the products, applications, websites and services provided by ShopeePay and Shopee as well as those provided by ShopeePay’s affiliates or partners. Such products, websites and services shall be bound by the respective affiliate or partner's terms and conditions and privacy policies, which you agree to and accept when using or accessing such products, applications, websites or services. You may be able to use or access your Account, including any associated Payment Methods, transaction records, or other identifiers, through a variety of user interfaces, including, but not limited to, any application or website through which the Services are offered.

9.10 By registering an Account, you agree and understand that your Account will be linked with your Shopee Account if you have used the same mobile number to register for both accounts. The collection, use and processing of your personal data by and between the Company and Shopee is governed by our ShopeePay Privacy Policy and Shopee Privacy Policy.

9.11 You agree and understand that the Company may offer any products and/or services (including but not limited to Shopee Coins, vouchers and digital products) that are made available on the Shopee platform and/or the Platform by the Company and/or Shopee or its affiliates from time to time. To access these services/products, your Account and Shopee Account must be linked. In accessing or transacting with such products and/or services, and as a condition of your use or purchase of such products and services, you hereby accept and agree to the  Shopee Terms of Service and Shopee Privacy Policy. You acknowledge and agree that the purchase or transaction of these types of products and/or services is subject to the Shopee Terms of Service and, therefore, that the Company is not responsible or liable in the case of any failure or error relating to such products or services. You may contact Shopee customer service directly if you have any questions or encounter any issue in relation to the purchase or transaction of these products or services.

10. YOUR DUTIES AND RESPONSIBILITIES

10.1 You must provide us with contact information as required by us in order for us to send you notification alerts for Transactions and the conduct of high-risk activities in accordance with Section ‎11. “High-risk activities” include, but are not limited to: (a) adding payees to your ShopeePay wallet, (b) increasing the Transaction limits for outgoing payment Transactions from your ShopeePay wallet, (c) disabling Transaction notifications that we will send upon completion of a payment Transaction, and (d) change in your contact information including mobile number, email address and mailing address. In order to register an Account, you must provide the following contact information, which must be complete and accurate:

(a) where you have opted to receive Transaction notifications via SMS, your Singapore mobile phone number; or

(b) where you have opted to receive Transaction notifications via email, your email address. 

10.2 It is your responsibility to (a) enable Transaction notification alerts on any device you use to receive Transaction notifications from ShopeePay, (b) opt to receive all Transaction notifications via SMS, email or in-app push notification for outgoing payment Transactions meeting the Transaction notification threshold set by you and the conduct of high-risk activities made from your ShopeePay wallet, and (c) monitor the Transaction notifications sent to you. Your preferences for Transaction notification alerts will affect your liability for any payment Transactions initiated by any person without your actual or imputed knowledge and implied or express consent including Seemingly Authorised Transactions (“Unauthorised Transactions”) made from your Account. “Seemingly Authorised Transactions” means any payment Transaction which fulfils all of the following limbs: (i) perpetrated through the impersonation of a legitimate business or government entity (such as financial institutions, non-banks and government agencies), (ii) the scammer, pretending to be the impersonated entity, uses a digital messaging platform (such as SMS, email, WhatsApp and social media platforms) to obtain your Account credentials (including your password, code or any other arrangement that you must keep secret, that may be required to authenticate any payment Transaction or User but excludes a number printed on a payment account (“access code”) and User ID), (iii) you enter your Account credentials on a fabricated digital platform (such as a website or application) (“fraudulently obtained credentials”), and (iv) the fraudulently obtained credentials are used to perform transactions that you did not intend to be performed. We assume that you will monitor such notification alerts without further reminders or repeat notifications. 

10.3 You must not (a) voluntarily disclose any password or PIN to any third party, including to any ShopeePay staff, (b) disclose your password or PIN in a recognisable way on any payment account, authentication device or any container for the payment account, or (c) keep a record of any password or PIN in a way that allows any third party to easily misuse such password or PIN. 

10.4 If you do keep a record of any password or PIN, you must make reasonable efforts to secure such record, including (a) keeping it in a secure electronic or physical location that is only accessible and known to you, and (b) in a place where the record is unlikely to be found by a third party.

10.5 You should, at a minimum, do the following to protect your Account:

(a) download our mobile application(s) only from official sources (e.g. Apple App Store, Google Play Store);

(b) update your device’s browser (e.g. Chrome, Safari, Internet Explorer, Firefox) to the latest version available;

(c) patch your device’s operating systems (e.g. Windows operating system (“OS”), Macintosh OS, iOS, Android OS) with regular security updates provided by the OS provider;

(d) install and maintain the latest anti-virus software on your device, where applicable (e.g. periodic updates, patches, version releases initiated by the antivirus software providers from time to time); 

(e) use strong passwords, such as a mixture of letters, numbers and symbols or strong authentication methods made available by the device provider such as facial recognition or fingerprint authentication methods; 

(f)  not root or jailbreak your devices; and

(g) not download and install applications from third-party websites outside official sources, in particular unverified applications which request device permissions that are unrelated to their intended functionalities.

10.6 You should inform all Users of your Account of the security instructions or advice provided by us to you (including in this Section ‎10), and that they should where possible follow these security instructions or advice.

10.7 You should read the content of the messages containing the access codes (e.g. one-time passwords (“OTPs”) sent via SMS or equivalent push notifications via our official mobile application) and verify that the stated recipient or activity is intended prior to completing Transactions or high-risk activities.

10.8 You should refer to official sources such as the MAS’ Financial Institutions Directory (“FID”), our mobile application or Section ‎23 of these Terms of Service to obtain our website addresses and phone numbers (“contact details”). You should only use the contact details that were obtained from official sources to contact us.

10.9 You should not click on links or scan Quick Response codes (“QR codes”) purportedly sent by us unless you are expecting to receive information on products and services via these links or QR codes from us. The contents of these links or QR codes should not directly result in you providing any access code or performing a payment Transaction or high-risk activity. Such links are only to provide information and could be part of regulatory requirements, such as terms and conditions, product description, steps to execute a Transaction and fact sheet for investment products.

10.10 You should read the risk warning message sent by us before proceeding to confirm the performance of high-risk activities.

10.11 If you do not understand the risks and implications of performing high-risk activities, you should access our website for more information on these activities or contact us prior to performing these activities. When you proceed to perform a high-risk activity, you are deemed to have understood the risks and implications as presented by us.

10.12 It is your responsibility to report any Unauthorised Transactions from your Account to us as soon as practicable, and no later than 30 calendar days after receipt of any notification alert for any unauthorised activity, such as Transactions and high-risk activities that has not been initiated by you or with your consent (“Unauthorised Activity Notification Period”). Where you are not able to report the unauthorised activity to us as soon as you receive any notification alert for any unauthorised activity or within the Unauthorised Activity Notification Period, you shall, if we so request, provide us with reasons for the delayed report. The report shall be made by (a) reporting the Unauthorised Transaction to us through the Shopee application (“Me” > “Support” > “Chat with Shopee”) or (b) in any other way where we acknowledge receipt of the report. For avoidance of doubt, where you report the Unauthorised Transaction to us through communication channels other than through the Shopee application (“Me” > “Support” > “Chat with Shopee”) and we do not acknowledge receipt of the report, we will not be responsible for any loss or damage resulting from our failure to do so.

10.13 You should activate the self-service feature (“kill switch”) provided by us to block further mobile and online access to your Account, as soon as practicable, after you are notified of any Unauthorised Transactions and have reason to believe that your Account has been compromised, or if you are unable to contact us. The kill switch will block all further mobile and online access to your ShopeePay wallet and disallow mobile and online payment transfers to third parties from your ShopeePay wallet.

10.14 You should within a reasonable time provide us with any of the following information that we may request:

(a) your Account affected, including your affected accounts with other financial institutions, if any; 

(b) your identification information; 
  
(c) the type of authentication device, access code and device used to perform the payment Transaction;
 
(d) the name or identity of any account User of the Account; 
 
(e) whether the Account, authentication device, or access code was lost, stolen or misused and if so: 

   (i) the date and time of the loss or misuse;
 
   (ii) the date and time that the loss or misuse, was reported to us; and
 
   (iii) the date, time and method that the loss or misuse, was reported to the police;

(f) where any access code is applicable to your Account: 
 
   (i) how you or any User of your Account recorded the access code; and
 
   (ii) whether your or any User of your Account had disclosed the access code to anyone; and
 
(g) any other relevant information about the Unauthorised Transaction that is known to you, such as 
 
  (i) a description of the scam incident, including details of the communications with the suspected scammer(s);
 
  (ii) details of the remote software downloaded (if any) as instructed by the scammer(s);
 

  (iii) whether you had received any OTPs and/or Transaction notifications sent by us, and where applicable/possible a confirmation from telecommunication operators to verify the receipt status only if you are able to obtain it; and 
 
   (iv) suspected compromised applications (if any) in your device 

10.15 You should make a police report as soon as practicable if we request such a report to be made to facilitate our claims investigation process, or if you suspect that you are a victim of scam or fraud. You should cooperate with the police and provide evidence (such as your mobile device for forensics investigation), as far as practicable. You should also furnish the police report to us within three calendar days of our request to do so, in order to facilitate our claims investigation process as set out in Section ‎11.16.

10.16 Once you are logged in to the Account, you will stay logged in until you log out. If someone (you or someone else) has entered the wrong password and/or PIN up to 5 times in a row within one day, your Account will be blocked. To recover your blocked Account, you must contact us. To the extent allowed by law, we will not be liable for any loss or damage arising from unauthorised use of your password or Account or your failure to comply with this section. We may require that you submit documents such as identification documents so that you may access our Services. You are responsible for providing accurate registration information and for keeping your registration information up to date, or notifying us in the event of changes.

11. OUR DUTIES AND RESPONSIBILITIES

11.1 We will inform you of the user protection duties, which includes the duties and responsibilities of the Account holder and each User of the Account, which are set out in Section ‎10. Our duties and responsibilities are set out in this Section ‎11, including providing such information on our website or mobile application.
 
11.2 We will not send clickable links or QR codes via email or SMS to you unless: 
 
(a) it is a link or QR code that only contains information for you and does not lead to (i) a website where you provide your access codes or perform any payment Transaction or (ii) platform where you are able to download and install apps; and 
 
(b) you are expecting to receive the email or SMS from us. 
 
11.3 We will not send phone numbers via an SMS to you unless you are expecting to receive the SMS from us. 
 
11.4 We will ensure that our website address is listed on MAS’ FID and that our contact details reflected on MAS’ FID and other official sources are up to date. 
 
11.5 We will impose a cooling off period of at least 12 hours where high-risk activities cannot be performed (“cooling off period”) or where there is a login to your Account on a new device.
 
11.6 Please refer to the Shopee SG Help Center for the risks and implications of performing high-risk activities. We will obtain additional customer confirmation from you, at the point before you perform the high-risk activities.
 
11.7 We will provide notification alerts on a real-time basis, that fulfil the following criteria, to you, when any high-risk activities are performed: 
 
(a) the notification alert will be sent to your existing Account contact with us. If you have provided more than one Account contact to us, the notification will be sent to every Account contact selected by you to receive such notifications; 
 
(b) the notification alert will be conveyed to you by way of SMS, email or in-app/push notification; 
 
(c) the notification alert will contain details relevant to the high-risk activity, such as information on the payee added, new Transaction limits or a change in contact details; 
 
(d) the notification alert will contain a reminder for you to contact us if the high-risk activity was not performed by you. 
 
11.8 Subject to Section ‎11.9, we will provide Transaction notification alerts that fulfil the following criteria to you that we have been instructed to send Transaction notification alerts to in accordance with Section ‎10.1, in respect of all outgoing payment Transactions (in accordance with the Transaction notification threshold set by you) made from your Account: 
  
(a) the Transaction notification alert will be sent to your Account contact. If you have provided more than one Account contact to us, the Transaction notification alert will be sent to every Account contact selected by you to receive such notifications; 
 
(b) the Transaction notification alert will be sent on a real time basis for each Transaction; 
 
(c) the Transaction notification alert will be conveyed to you by way of SMS, email or in-app/push notification; and 
 
(d) the Transaction notification alert will contain the following information, but we may omit any confidential information provided that the information provided to you still allows you to identify the Transaction as being a Transaction that you knew of and consented to or an Unauthorised Transaction: 
 
    (i) information that allows you to identify the Account such as the Account number;
  
  (ii) information that allows you to identify the recipient whether by name or by other credentials such as the recipient’s account number;

   (iii) information that allows us to later identify you, your Account, and the recipient account such as each account number or the name of the Account or recipient’s account;
  
    (iv) Transaction amount (including currency);
  
    (v) Transaction time and date;
  
    (vi) Transaction type; and
  
   (vii) if the Transaction is for goods and services provided by a business, the trading name of the merchant and where possible, the merchant’s reference number for the Transaction.
 
11.9 Notwithstanding Section ‎11.8, we can elect to comply with your Transaction notification alert preferences. While we will make available to you the option to receive transaction notification alerts for all outgoing payment transactions (of any amount) made from your Account, if you instruct or have instructed us otherwise, we will provide notification alerts for outgoing Transactions in accordance with your instructions. 
 
11.10 We will make available on our website or mobile application information on how you can adjust the transaction notification settings. Your liability under Section 5 of the E-Payments User Protection Guidelines issued by the MAS (“Section 5 EUPG”) may be affected by your transaction notification preferences where your recklessness was the primary cause of the loss, such as:
 
(a) storing access code in a manner that can be easily accessed by any third party;
  
(b) knowingly sharing or surrendering access codes to non-Account Users, resulting in completed Transactions; 
 
(c) ignoring notifications, alerts or warnings from us; 
 
(d) following instructions of third parties to open new bank or card accounts without a reasonable basis; 
 
(e) retaining sideloaded apps which are unverified or request device permissions that are unrelated to their intended functionalities; and 
  
(f) selecting a numeric or alphabetical access code that is easily recognisable, such as one which represents your birth date, or part of your name, if we have: (i) specifically instructed you not to do so, and (ii) warned you of the consequences of doing so. 
 
Please refer to Section ‎11.16 on how a relevant claim (as defined below) will be resolved. We will act fairly and responsibly towards you at all times.
 
11.11 We will provide a kill switch for you to promptly block further mobile and online access to your Account, including terminating existing mobile and online banking session(s). This includes disallowing mobile and online payment transfers to third parties who are not authorised billers. Examples of payment transfers to authorised billers include pre-authorised transfers such as GIRO payments to billing organisations. The kill switch will be made available in a prominent manner via the Shopee application and can be accessed at “Me” > “ShopeePay” > “Settings” or through the reporting channel provided by us under Section ‎11.14 to report Unauthorised Transactions. Please refer to the Shopee SG Help Center on how to activate the kill switch.
 
11.12 We will provide the following information accompanying the access codes, such as OTPs sent via SMS or equivalent push notifications via our official mobile application in the same message sent to you to allow you to identify the payment recipient: 
  
(a) information that allows you to identify your Account such as your Account number; 
  
(b) information that allows you to identify the recipient whether by name or by other credentials; 
  
(c) the intended transaction amount (including currency); and 
 
(d) a warning to remind you not to reveal the access code to anyone. 
 
11.13 Where Transactions are made by way of internet banking or our mobile phone application, we will provide an onscreen opportunity for you to confirm the payment Transaction and recipient credentials before we execute any authorised payment Transaction. The onscreen opportunity will contain the following information:

(a) information that allows you to identify the Account to be debited; 
 
(b) the intended Transaction amount; 
 
(c) credentials of the intended recipient that is sufficient for you to identify the recipient, which at the minimum should be the recipient’s phone number, identification number, account number or name as registered for the purpose of receiving such payments; and 
 
(d) a warning to ask you to check the information before executing the payment Transaction. 
 
11.14 We will provide you with a reporting channel that is available at all times for the purposes for reporting unauthorised or erroneous Transactions and blocking further access via mobile and online channels to your Account. Please refer to the Shopee application (“Me” > “Support” > “Chat with Shopee”) for our reporting channel to report any unauthorised or erroneous Transactions. Where you make a report through our reporting channel, you will receive a written acknowledgement of your report through SMS, email or in-app notification. We will not charge you any fees for making a report through our reporting channel or any service to facilitate the report. 
 
11.15 We will have in place capabilities to detect and block suspected Unauthorised Transactions at all times. We will also have capabilities to inquire into the authenticity of the suspected Unauthorised Transactions before allowing such Transactions to be executed. We will review the effectiveness of our detection parameters for suspected unauthorised transactions on an annual basis, or as and when there are material triggers. 
 
11.16 We will assess any claim made by you in relation to any Unauthorised Transaction (“relevant claim”) for the purposes of assessing your liability in accordance with Section 5 EUPG. We will implement a proper governance structure and investigation process, involving representatives who are independent from business units who are to carry out the above assessment. 

11.17 Where we have assessed that the relevant claim does not fall within Section 5 EUPG, we will resolve such a claim in a fair and reasonable manner. We will communicate the claim resolution process and assessment to you in a timely and transparent manner. 
 
11.18 We may require that you furnish a police report in respect of an Unauthorised Transaction claim, before we begin the claims resolution process. In doing so, we will, upon request by you, provide information on the procedure to file a police report. 
 
11.19 We may request you to provide information set out in Section ‎10.14. Upon your enquiry, we will provide you with relevant information that we have of all the Unauthorised Transactions which were initiated or executed from your Account, including Transaction dates, Transaction timestamps and parties to the Transaction. 
 
11.20 We will complete an investigation of any relevant claim within 21 business days for straightforward cases or 45 business days for complex cases. Complex cases may include cases where any party to the Unauthorised Transaction is resident overseas or where we have not received sufficient information from you to complete the investigation. We will, within these periods, give you a written or oral report of the investigation outcome and its assessment of your liability in accordance with Section 5 EUPG. We will also seek acknowledgement (which need not be an agreement) from you of the investigation report. 
 
11.21 Where you do not agree with our assessment of liability, or where we have assessed that the claim falls outside of Section 5 EUPG, you or ourselves may proceed to commence other forms of dispute resolution, including mediation at the Financial Industry Disputes Resolution Centre Ltd (“FIDReC”) in the event that we are a FIDReC member. 
 
11.22 We will credit your Account with the total loss arising from any Unauthorised Transaction (for the avoidance of doubt, losses arising from Unauthorised Transactions exclude any loss of business or profit, special, punitive, indirect or consequential loss and any other losses) as soon as we have completed our investigation and assessed that you are not liable for any loss arising from the Unauthorised Transaction. We will disclose this arrangement to you at the time you report the Unauthorised Transaction to us, and will inform you of the timeline for completing our investigation in accordance with Section ‎11.20. 

11.23 Where relevant, Sections ‎11.1, ‎11.5, ‎11.7, ‎11.8, ‎11.11, ‎11.14, and ‎11.15 will continue to apply during a scheduled system downtime. We will ensure continued delivery of key services and alternatives, where applicable. We will also ensure that scheduled system downtime is not performed during periods where high volume of transactions are expected. 

12. SUSPENSION OR BREAKDOWN OF SYSTEMS

12.1 You agree that you will not hold us or our affiliates liable if you are unable to use the Services due to any of the following reasons:

(a) failure in transmission of data due to breakdown or suspension of telecommunications equipment and/or systems; 

(b) failure in system operations due to force majeure events including, but not limited to typhoon, earthquake, tsunami, flood, blackout, war, terrorist attack, beyond our reasonable control; or

(c) the Services are interrupted or delayed due to hacking, suspension, maintenance, upgrades, banking or regulatory bodies, and any other reasons.

12.2 You agree and acknowledge that you will indemnify and hold us and our affiliates harmless from any and all claims, causes of action, damages, and judgments arising out of or relating to the matters set out at Section 12.1.

13. REFUNDS

13.1 In the event that a Transaction is cancelled, refunds for Transactions made via:

(a) bank transfer, ShopeePay wallet and other methods of online payment will be credited to your ShopeePay wallet; and

(b) credit card will be credited back to the credit card used in the Transaction.

13.2 In the event that: 

(a) the refund amount exceeds your ShopeePay Wallet Limit, such refund will be transferred to the default bank account linked to your account (“Default Account”); and

(b) a single refund does not exceed your ShopeePay Wallet Limit, but the total value when aggregated with your ShopeePay wallet balance exceeds your ShopeePay Wallet Limit, such refund will be withheld by ShopeePay until you withdraw enough funds from your ShopeePay wallet such that your ShopeePay Wallet Limit is not exceeded as a result of the refund.

Your Default Account is a standalone account, and must be set-up individually.  You can set up the Default Account via the Shopee application ("Me" > "ShopeePay" > "Setting" > "ShopeePay Bank Accounts").

13.3 Refunds via: 

(a) credit card may take 7-14 business days to reach your credit card account;

(b) your Default Account may take 1-3 business days to reach your Default Account; and  

(c) ShopeePay wallet are immediate. 

14. ERRORS

14.1 If there is an error in the processing of any Transaction, you authorize us to initiate debit or credit entries to your Account balance to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit your Account balance for any reason, you authorize us to resubmit the debit, plus any applicable fees, or to deduct the debit and applicable fees from your Account balance in the future. 

14.2 If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), you must notify us and provide all necessary information relating to the erroneous payment. Within two business days of receiving all necessary information, we will inform the recipient’s bank, non-bank credit card issuer, finance company or relevant payment service provider that issued the payment account (“Recipient Financial Institution”) of the erroneous Transaction. Within seven business days of informing the Recipient Financial Institution of such erroneous Transaction, we will ask the Recipient Financial Institution for its response and provide you with any new relevant information to allow you to assess if you should make a police report about the erroneous Transaction. Where you are unable to recover the erroneously transferred payments despite us expending all reasonably efforts to do so and we assess the case to be closed as a result, we will inform you of the decision and advise you on the next steps, which may include filing a police report. We will not reimburse you or reverse a payment that you have made in error. In cases that we deem to be complex, we may take longer to convey these messages.

14.3 Where we are the Recipient Financial Institution and we receive money for the wrong recipient, we will endeavour to (i) within two business days of receiving all necessary information from the sender’s financial institution about the erroneous Transaction (a) inform the recipient of the erroneous Transaction and all necessary information that would allow the recipient to determine if the Transaction was indeed erroneous; (b) ask the recipient for instructions on whether to send the sum sent in error back to the sender; and (c) inform the recipient that his retention or use of sums transferred to him erroneously where he has had notice of the erroneous Transaction is a criminal offence in Singapore; and (ii) within five business days of receiving all necessary information from the sender’s financial institution about the erroneous Transaction (a) ask the recipient for instructions whether to send the sum sent in error back to the account holder; and (b) inform the sender (or the sender’s financial institution) about the recipient’s response, including nil responses. In cases that we deem to be complex, we may take longer to convey these messages.

15. DISCLAIMER

15.1 We are not a bank or other chartered depository institution, nor an issuer of any credit cards, debit cards, savings account or other prepaid payment service method (“Payment Instrument”), unless expressly stated otherwise. For Transactions facilitated with ShopeePay, we handle the payment to 3P Merchants and the charging of your Payment Instrument to conduct your payment for purchase.

15.2 THESE TERMS OF SERVICE DO NOT AMEND OR OTHERWISE MODIFY YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, AND YOU ARE RESPONSIBLE FOR ENSURING YOUR USE OF SOFTWARE COMPLIES WITH ALL SUCH AGREEMENTS. IN ADDITION, YOU ARE RESPONSIBLE FOR ALL CHARGES AND/OR DEBITS TO YOUR PAYMENT INSTRUMENT RESULTING FROM ANY PURCHASES MADE FROM THE ACCOUNT IN ACCORDANCE WITH SUCH AGREEMENTS. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THESE TERMS OF SERVICE AND YOUR AGREEMENT WITH THE ISSUER OF YOUR PAYMENT INSTRUMENT, THESE TERMS OF SERVICE GOVERN THE RELATIONSHIP BETWEEN YOU AND US SOLELY WITH RESPECT TO THE SOFTWARE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR PAYMENT INSTRUMENT AND WE ARE NOT RESPONSIBLE FOR THE ACCURACY, OR AVAILABILITY OF ANY INFORMATION YOU ENTER OR OTHERWISE STORE IN THE SOFTWARE INCLUDING, WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT AND UP-TO-DATE.

15.3 THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY US OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICES, THIS FACILITY OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS FACILITY AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. 

15.4 YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE FACILITY AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN PARTICULAR, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF THE SECURITY CODES PROVIDED TO YOU AND YOU MAY NOT CLAIM AGAINST US FOR ANY LOSS OR DAMAGES RESULTING FROM YOUR FAILURE TO DO SO.

15.5 Any downloading of data from our system is done solely at your risk, and we do not warrant that such data or our system is free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros.

16. EXCLUSIONS AND LIMITATION OF LIABILITY

16.1 IN NO EVENT SHALL WE BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS FACILITY OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

16.2 WE MAY ESTABLISH GENERAL PRACTICES AND LIMITS CONCERNING USE OF THE SERVICES. WE RESERVE THE RIGHT TO CHANGE, SUSPEND, OR DISCONTINUE ANY ASPECT OF THE SERVICES AT ANY TIME WITHOUT NOTICE AND LIABILITY. WE MAY DECLINE TO PROCESS ANY TRANSACTION WITHOUT PRIOR NOTICE TO YOU, PARTICULARLY IF (A) TRANSACTION DOES NOT SATISFY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE OR OTHER APPLICABLE TERMS, RULES AND POLICIES, OR (B) IF WE HAVE REASON TO BELIEVE THAT THE TRANSACTION MAY VIOLATE ANY LAWS, RULES OR REGULATIONS THAT MAY OTHERWISE SUBJECT US OR OUR AFFILIATES TO LIABILITY. 

16.3 YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ANY USE OF THE SERVICES.

16.4 NOTWITHSTANDING THIS SECTION, IF WE ARE FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF SGD 100 (ONE HUNDRED SINGAPORE DOLLARS).

16.5 NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

16.6 You are liable for actual loss arising from any Unauthorised Transaction using your Account that was primarily caused by your recklessness, including your deliberate failure to comply with your obligations under Section 10. For the avoidance of doubt, any loss arising from any Unauthorised Transaction using your Account will be deemed to be primarily caused by your recklessness if you do not enable Transaction notification alerts on any device you use to receive Transaction notifications from ShopeePay, and/or you opt out of receiving Transaction notifications for all outgoing Transactions of any amount made from your ShopeePay wallet. However, your actual loss will be capped at the amount of the daily payment limit of your ShopeePay wallet.

16.7 You will not be liable for any loss arising from any Unauthorised Transaction using your Account that arose from any action or omission by ShopeePay, and does not arise from any failure by you to comply with your obligations under Section ‎10. For the purposes of this Section ‎16.7, an act or omission by ShopeePay shall include (a) fraud or negligence by ShopeePay, or its employees, agents or any outsourcing service provider contracted by ShopeePay to provide the Services to you; (b) non-compliance by ShopeePay or its employees with any requirement imposed by MAS in respect of ShopeePay’s provision of any financial service; and (c) non-compliance by ShopeePay with any of its duties to inform you of your user protection duties, to provide outgoing Transaction notifications, to comply with your Transaction notification preferences, to provide you with an onscreen opportunity to confirm recipient credential information, to provide a reporting channel for reporting Unauthorised Transactions or errors, to assess claims and complete claims investigations in accordance with the terms of these Terms of Service , and to credit your Account in the event that our investigations determine that you are not liable for any loss arising from the Unauthorised Transaction.

16.8 You will also not be liable for any loss arising from an Unauthorised Transaction that does not exceed SGD 1,000 (one thousand Singapore dollars), if the loss arises from any action or omission by any third party and which does not arise from any failure by you to comply with any of your duties in Section ‎10.

17. LINKS TO THIRD PARTY SITES

17.1 The links provided throughout the Facility will let you leave this Facility. These links are provided as a courtesy only, and the sites they link to are not under our control in any manner whatsoever and you therefore access them at your own risk. Therefore, we are in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. The provision of these links are merely a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by us of any linked site and/or any of our content therein.

18. PROHIBITED CONDUCT

18.1 The license for use of this Facility and the Services is effective until terminated. This license will terminate as set forth within these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In such event, no notice shall be required by us to effect such termination.

18.2 You agree not to: 

(a) breach our Terms of Service, ShopeePay Privacy Policy, in-house rules and regulations, including regulations for promotional events, and/or violate any applicable laws and regulations;

(b) act in a manner that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable to our employees, agents or other Users;

(c) use the Services to harm minors in any way;

(d) provide false, inaccurate or misleading information;

(e) use the Services for any illegal activities, including online gambling, regardless of whether online gambling is permitted in your jurisdiction in which you are located;

(f) use your Account in a manner that may result in disputes, claims or other liabilities to us, other Users, third parties, or may be regarded as an abuse of our system;

(g) use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;

(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; 

(i) remove any proprietary notices from the Facility;

(j) cause, permit or authorise the modification, creation of derivative works, or translation of the Services without our express permission;

(k) use the Services in any manner not permitted by the licenses granted herein;

(l) use the Services for fraudulent purposes;

(m) refuse to cooperate in an investigation or provide confirmation of your identity or any information you provide us;

(n) attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by us with respect to the Services and/or data transmitted, processed or stored by us;

(o) harvest or collect any information about or regarding other Account holders, including without limitation any personal data or information;

(p) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(q) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(r) upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other unauthorised form of solicitation;

(s) upload, post, email, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;

(t) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges;

(u) interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User's use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Facility;

(v) take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;

(w) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including without limitation laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism financing;

(x) use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organisation(s) designated by the United States government as a foreign terrorist organisation pursuant to section 219 of the Immigration and Nationality Act of the United States;

(y) use the Services to violate the privacy of others or to "stalk" or otherwise harass another;

(z) use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above; and/or

(aa) use the Services for other illegal activities in your jurisdiction.

18.3 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including but not limited to the following:

(a) suspend, or restrict your access to your Account;

(b) refuse to provide Services to you;

(c) place a hold on your Account for up to one hundred and eighty (180) days if reasonably required to protect against the risk of liability or if you have violated our Terms of Service, ShopeePay Privacy Policy and/or any applicable laws and regulations in your jurisdiction; 

(d) take legal action against you; and/or

(e) take any other appropriate measures or actions in the given circumstances.

18.4 You acknowledge, consent and agree that we may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over us or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Company, our Users and/or the public.

19. YOUR REPRESENTATIONS AND WARRANTIES

19.1 You represent and warrant that:

(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with our terms;

(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations;

(c) you will only use the Services on a device on which such use is authorised by the device's owner; 

(d) you will use the Services in good faith and in compliance with all applicable laws and regulations, including laws related to anti-money laundering and counter-financing of terrorism;

(e) you are solely responsible for maintaining the confidentiality of the password or security codes provided to you and you may not claim against us for any loss or damages resulting from unauthorized use of your password or your failure to do so;  

(f) all information given to the Account or in relation with the registration of the Account is correct, complete, accurate and up-to-date; and

(g) you will be solely responsible for payment of any taxes, duties, or other governmental levies, charges or fees, that may be imposed on the Services.

20. INDEMNITY

20.1 You agree to indemnify, defend and hold harmless the Company, and our shareholders, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees (collectively, the "Indemnified Parties"), at your expense, from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable legal fees and other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to (a) the hosting, operation, management and/or administration of the Services by or on behalf of us, (b) your violation or breach of any term of these Terms of Service or any policy or guidelines referenced herein, or (c) your use or misuse of the Services, or (d) your breach of any law or the rights of a third party.

21. SEVERABILITY

21.1 If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.

22. GOVERNING LAW

22.1 These Terms of Service shall be governed by the laws of the Republic of Singapore, without regard to the conflicts of law principles thereof. Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre ("SIAC Rules") for the time being in force, which rules are deemed to be incorporated by reference in this clause. The tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.

23. CONTACTING US

23.1 If you have complaints, feedback or believe a User on our Facility is violating these Terms of Service, please contact us:

(a) using our feedback function located under settings on the Facility;

(b) through support@shopee.sg;

(c) through our hotline +65 6206 6610

Please send all legal notices to legal.sg@seamoney.com and attention it to the “General Counsel”.

24. GENERAL PROVISIONS

24.1 We reserve all rights not expressly granted herein.

24.2 You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations.

24.3 Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you, 3P Merchants and us, nor does it authorise you to incur any costs or liabilities on our behalf. 

24.4 Our failure at any time or times to require performance of any provision hereof shall in no manner affect our right at a later time to enforce the same unless the same is waived in writing.

24.5 These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for our affiliates and subsidiaries (and each of Company's and our affiliates' and subsidiaries' respective successors and assigns).

24.6 The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Facility and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section 24.6 it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

24.7 You agree to comply with all applicable laws, statutes, regulations and codes relating to anti-bribery and corruption including without limitation the Singapore Prevention of Corruption Act, UK Bribery Act, the US Foreign Corrupt Practices Act and the Singapore Prevention of Corruption Act and confirm that you have and shall have in place all policies and procedures needed to ensure compliance with such requirements.

I HAVE READ THESE TERMS OF SERVICE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP”, "SIGN UP WITH FACEBOOK”, "SIGN UP WITH GOOGLE" OR "SIGN UP WITH APPLE" BUTTON, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

Last updated: 16 December 2024