This section is only applicable if you require Digital Payment Token Services.
ANNEX A1
Terms and disclosures in relation to Digital Payment Token custody services
1. INTRODUCTION
FOMO Pay PTE. LTD. (“FOMO Pay”) provides customers with digital payment token (“DPT”) custody services (the “Services”). By using our custody services, you agree to be bound by these terms. You also confirm that your use of our services complies with applicable laws and regulations.
2. RISK WARNING ON DIGITAL PAYMENT TOKEN SERVICES
In accordance with our obligation under MAS Notice No.:PSN08, The Monetary Authority of Singapore (MAS) requires us to provide this risk warning to you as a customer of a digital payment token (DPT) service provider.
Before you:
(a) pay your DPT service provider any money or DPT; or
(b) pay a third party any money or DPT under an arrangement by your DPT service provider, you should be aware of the following.
FOMO Pay Pte Ltd (“DPT service provider”) is licensed by MAS to provide DPT services. Please note that this does not mean you will be able to recover all the money or DPTs you paid to your DPT service provider, or any other third party referred to above, if your DPT service provider’s or the third party’s business fails.
a. You should be aware that MAS does not supervise or regulate your DPT service provider for the provision of unregulated services[1] This includes any service of trading digital payment token derivatives such as futures.
b. You should not transact in the DPT if you are not familiar with this DPT. This includes how the DPT is created, and how the DPT you intend to transact is transferred or held by your DPT service provider.
c. You should be aware that the value of DPTs may fluctuate greatly. You should buy DPTs only if you are prepared to accept the risk of losing all of the money you put into such tokens.
d. You should be aware that your DPT service provider, as part of its licence to provide DPT services, may offer services related to DPTs which are promoted as having a stable value, commonly known as “stablecoin”.
3. STORAGE ARRANGEMENT
FOMO Pay engages a third-party DPT custodian to maintain the trust account for safeguarding customers’ DPT (“Safeguarding Person”), as a means of segregating customers’ assets from its own assets and ensuring effective controls that mitigate potential conflicts of interest arising from the arrangement in safeguarding of customers’ assets.
Within FOMO Pay, our Treasury Team is responsible for liaising with the Safeguarding Person in respect of the DPT safeguarding arrangements and the storage of customers’ DPT. No member of the Treasury Team, including the Head of the Treasury Team, has any discretion to execute trades, make investment decisions, or make trading decisions – such discretion is held by a separate business unit within FOMO Pay.
4. DISCLOSURE ON SAFEGUARDING
In accordance with regulation 18D(e) of the Payment Services Regulations 2019 with effect from 4 October 2024, FOMO Pay hereby discloses the following —
· The customer’s assets will be held by FOMO Pay on behalf of the customer in a trust account maintained with a Safeguarding Person;
· The customer’s assets will not be deposited in the trust account held with the Safeguarding Person together with, or commingled with, assets belong to other customers of FOMO Pay;
· In relation to the terms and conditions that would apply to FOMO Pay’s safeguarding of the assets with the Safeguarding Person —
4.1 Arrangements for giving and receiving instructions by or on behalf of customer (including the arrangements for giving authority by customer to another person and extent / limitation of that authority).
4.2 Circumstances under which FOMO Pay may realise the assets held as collateral to meet customer liabilities to FOMO Pay. There are generally 3 such circumstances —
· Default on Liabilities.
· Failure to Settle Obligations. If the customer fails to settle any outstanding obligations, including fees or charges due to FOMO Pay as per the terms of its agreement with FOMO Pay, FOMO Pay is entitled to liquidate the collateral to cover any unpaid amounts due from the customer to FOMO Pay.
· Overdue Payments. If the customer’s payments are overdue beyond 14 days after becoming due, FOMO Pay reserves the right to realise the collateral.
· Breach of Agreement. Violation of terms. In the event of a material breach by the customer of the terms of the service agreement entered into with FOMO Pay, including a failure by the customer to comply with required conditions or representations, FOMO Pay may liquidate the collateral held in the trust account to mitigate potential losses by FOMO Pay arising out of the customer’s breach of such terms.
· Insufficient Funds. If there is an indication of insolvency or significant financial distress that may affect the customer’s ability to meet its obligations, FOMO Pay may liquidate the collateral to mitigate potential losses.
4.3 Liability of FOMO Pay in the event of Safeguarding Person’s default. To the extent permitted under applicable law and save in the event of FOMO Pay’s fraud, wilful misconduct, or gross negligence if established —
4.4 Each customer’s DPT is independently held with the Safeguarding Person with separate wallet addresses.
4.5 Arrangements in relation to claiming and receiving entitlements (if any) accruing to the customer, and the exercise of any right and power arising from ownership of the assets belonging to the customer.
4.6 Arrangements for the provision of information to the customer relating to the safeguarding of the assets belonging to the customer.
5. ALL APPLICABLE FEES AND COSTS FOR THE SAFEGUARDING OF THE ASSETS BELONGING TO THE CUSTOMER – THESE FEES WILL BE INCLUDED IN YOUR ACCOUNT OPENING DOCUMENTS
Fees charges are for the following services
6. PROCESS FOR HANDLING LOSSES OF CUSTOMER’S ASSETS ARISING FROM FRAUD OR NEGLIGENCE ON THE PART OF FOMO PAY
FOMO Pay subjects all of its employees to a stringent Code of Conduct which sets out its expectations for employees to conduct themselves in a manner which would not constitute fraud or negligence. Having said that, should such an instance arise —
Discovery of loss.
· FOMO Pay monitors all customer assets periodically. Where FOMO Pay has detected a loss of customer’s assets, for a reason that appears suspicious or out of the ordinary, FOMO Pay will inform the customer immediately of the same.
· Alternatively, a customer may surface any issue relating to an apparent loss of assets or any suspicious activity to any member of staff or through the page set out on its website (https://www.fomopay.com/contact-us/) or to support@fomopay.com. An acknowledgement of receipt of the complaint will be sent to the customer within 48 hours from receipt.
Initial investigation.
· FOMO Pay will commence an internal investigation to determine the purpose of the loss and ascertain the relevant facts. Where relevant, FOMO Pay’s legal team will be informed. In all cases, senior management of FOMO Pay will also be informed.
· FOMO Pay will also inform the Safeguarding Person. Under its own loss-handling framework, the Safeguarding Person will investigate the matters and endeavour to provide a resolution for FOMO Pay within 30 days. In any event, the Safeguarding Person will provide FOMO Pay with an update within this timeline. As part of the Safeguarding Person’s investigations into the matter, the Safeguarding Person may contact FOMO Pay and/or any other relevant third parties for further information.
· Within FOMO Pay, assistance will be sought from the respective department(s) to provide relevant information to conduct its investigation.
· Upon completion of the investigation, an investigation report will be sent to Senior Management for review.
Response to the customer and resolution.
· In the course of investigation, should there be any delay in providing a reply within 30 days, FOMO Pay will write to the customer informing him/her of: (1) the reason for the delay; and (2) an indicative reasonable timeframe within which the customer may expect to receive FOMO Pay’s final response.
· Depending on the outcome of the investigation, FOMO Pay may make an offer of redress or remedial action, including but not limited to the compensation of the sum lost to the customer.
· If the result of the Safeguarding Person’s investigations reveal that the claim is validly based on direct losses suffered by FOMO Pay in connection with the Safeguarding Person’s fraud or negligence, the Safeguarding Person will compensate FOMO Pay for such direct losses. Notwithstanding this, if FOMO Pay may potentially be able to make a claim under any form of insurance coverage, FOMO Pay shall not be entitled to such compensation by the Safeguarding Person to the extent of the sum insured.
7. CONSEQUENCES OF INSOLVENCY OF SAFEGUARDING PERSON
In the event that the Safeguarding Person becomes insolvent, (a) on the basis that such assets are held on trust for the customer or on behalf of the customer, the customer will continue to hold a proprietary interest in the assets that belong to the customer in the trust account opened with the Safeguarding Person; and (b) such assets will not be used for the payment of the debts of Safeguarding Person and will not be liable to be taken under or pursuant to an enforcement order or a process of any court.
By using our custody services, you acknowledge that you have read, understood, and agree to these Terms and disclosures.
[1] Please refer to Section 2.3.1 of the Guide to the Payment Services Act 2019 (which can be found on the MAS website) for the types of payment services which are regulated under the Payment Services Act. Services which do not fall within the list of services in Section 2.3.1 are unregulated services.
This website and/or its mobile applications (the “Site”) is owned and operated by FOMO Pay Pte. Ltd. and/or its subsidiaries or affiliates (“FOMO”). By accessing, browsing or using this Site, you expressly acknowledge that you have read, understood and agreed to be bound by the terms and conditions below (“Terms”). Parts of the Site and the provision of any service or products by FOMO through the Site including any membership you may establish on the Site may be expressly subject to specific terms and conditions of use and such terms and conditions of use shall constitute a part of these Terms. In the event of any conflict between such specific terms and conditions of use and these Terms, the specific terms and conditions of use will prevail to the extent of such conflict.
We grant you a personal, limited, non-transferable, non-exclusive license to access and use the Site. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site or refuse to grant access to Site to any person or entity and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty.
FOMO reserves the right, at our sole discretion, to modify or update these Terms at any times and all changes will become immediately effective upon posting. You are encouraged to review these Terms each time you use the Site because your use of the Site after the posting of changes will constitute your acceptance of the changes.
We may collect personal information about you from various sources, including this Site, when you call or email us or communicate with us through social media or our partners’ live chat functionalities, or when you participate in events or other promotions. To the extent permitted by law, we also may collect information about you from our parent, affiliate or subsidiary companies, business partners and other third parties. Personal information collected by FOMO includes but is not limited to identification and contact data, information about your use of the Site and where applicable your account details.
We may combine the information we collect with publicly available information and information we receive from our parent, affiliate or subsidiary companies, business partners and other third parties. You consent to any personal information we obtain about you (either via this Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the Terms.
We may use that combined information to set up and administer your account (where applicable), verify your identity, processing your registration as a user, providing you with a log-in ID for the Site and maintaining and managing your registration, providing you with customer service and responding to your queries, feedback, claims or disputes, enhance and personalize your experience with us, to communicate with you about products, services and events that may be of interest to you, for other promotional purposes, making such disclosures as may be required for any of the above purposes and for other purposes described in this section.
By providing personal data to FOMO you are consenting for FOMO to collect, use and disclose the information provided and to share the personal information we collect with our parent, affiliate and subsidiary companies, business partners, ad network vendors and their participants, and other third parties for one or more of the purposes for which the information was collected or to be used or disclosed, and other reasonable related purposes as stated in or notified to you in these Terms. This includes to communicate with you about products and services, offers, events and promotions. We also may share personal information with our service providers who perform services on our behalf under data processing or service agreements. These service providers are not authorized by us to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements. The above classes of persons are situated in Singapore where FOMO has business operations and where its staff and data processing agents may perform duties for the Company. FOMO reserves the right to update these Terms from time to time to reflect any new locations which FOMO’s business operations may expand to, which may include Europe, the Americas, and other Asia Pacific locations, and will not disclose any of your personal data without your consent unless required by applicable laws.
We also may disclose information about you (i) if we are required to do so by law or legal process (such as a court order), (ii) in response to a request by law enforcement authorities, or (iii) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
We also reserve the right to transfer personal information we have about you in the event we sell, merge or transfer all or a portion of our business or assets. Following such a sale, merger or transfer, you may contact the entity to which we transferred your personal information with any inquiries concerning the processing of that information.
We will put in place reasonable security arrangements to protect against unauthorized or accidental disclosure, use, alteration or destruction of the personal information you provide to us. If you have any questions about security at our Site, or if you wish to limit the processing of your data, have access to or amend/correct the data that you have given to us you can send an email to enquiry@fomopay.com. We shall retain your personal data for as long as is necessary for the above-mentioned purposes and take reasonable measures to destroy any personal data that is no longer necessary to meet those purposes.
We may use “cookies” to store specific information about you and track your visits to the Site. It is not uncommon for websites to use cookies to enhance identification of their users. You can determine if and how a cookie will be accepted by configuring the browser which is installed in the computer you are using to access the Site. If you choose, you can change those configurations.
By continuing to use this Site, you indicate your understanding, consent and acceptance of the collection, use and disclosure by FOMO of your personal data in accordance with the Terms.
a. All content available on this website, including but not limited to, information, materials located or hosted on the site, text, logos, audio clips, data compilations and software, and the presentation, layout and compilation thereof (collectively, the “Content”) is the property of FOMO, its affiliates, partners or licensors, and is protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and Singapore and international laws. The trademarks, logos, and service marks displayed on this website (collectively, the “Trademarks”) are the registered and/or unregistered marks of FOMO, its affiliates, licensors or partners, in Singapore and other countries, and are protected by copyrights, trademarks, service marks, international treaties and other proprietary rights and Singapore and international laws. All other Content or Trademarks not owned by FOMO, its affiliates, partners or licensors that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FOMO and such Content or Trademarks are used to the benefit of their respective owners, with no intention of trademark infringement and in an editorial manner only. Except as set forth in the limited licence in Clause 3(b) below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of this website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without FOMO’s prior written consent.
b. FOMO grants you a limited, revocable, non-assignable, non-transferable and non-exclusive licence (without the right to sub-licence) to access and make personal use of this Site in accordance with the Terms. This limited licence does not include the right to:
(i) frame or utilise framing techniques to enclose this website or any portion thereof;
(ii) modify or download this website or its Content (except through caching or as necessary to view content);
(iii) sell, sublicence, distribute, display, store, copy or make any use of this website or its Content other than for personal, non-commercial use;
(iv) copy, reproduce, disassemble, reverse engineer, recompile, decompile, copy, reproduce or create any derivative work based upon this Site or its Content;
(v) collect account information for the benefit of another party;
(vi) use any meta-tags or any other “hidden text” utilizing FOMO’s name or the Trademarks; or
(vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on FOMO’s infrastructure.
FOMO also grants you a limited, revocable, and non-exclusive licence to create a hyperlink to the homepage of this website for personal, non-commercial use only. A website that links to this website:
(i) may link to, but not replicate, the Content;
(ii) may not imply that FOMO is endorsing such website or its services or goods;
(iii) may not misrepresent its relationship with FOMO;
(iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages;
(v) may not portray FOMO or its goods or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate FOMO with undesirable goods, services, or opinions;
(vi) may not use any Trade Mark without express written permission; and
(vii) may not link to any page of this website other than the home-page.
FOMO may, in its sole discretion, request that you remove any link to this website, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of this website terminates the limited licence set forth in this Clause without prejudice to any other remedy provided by applicable law.
c. In the event that you believe this website (or any part thereof) infringes your intellectual property rights, please contact FOMO and provide a description of the work that you claim has been infringed, a description of where the material that you claim is infringing is located on this website, and your contact details.
d. Graphics, logos, images and other artwork may be used in an artistic or figurative manner, and do not necessarily denote origin, attributes or other aspects of the Products.
e. Any rights relating to the Content, the Trademarks and the Site not expressly hereby granted are reserved and no licence or right is granted to you whether by way of implication or otherwise.
This Site may contain links to other websites or resources that are operated by third parties not affiliated with FOMO. These links and resources are provided as a convenience to you and as an additional avenue of access to the information contained therein. Any facts, views, advice, analyses, opinion and recommendations expressed or made available by any individual or organization are those of the respective author(s). FOMO cannot and do not endorse, and cannot be responsible for such facts, views, advice, analyses, opinions and recommendations expressed, or advocate any commercial dealing in any securities, investments or classes of securities or investment.
We are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources.
Different terms and conditions and privacy policies may apply to your use of any linked sites or resources. FOMO is not responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.
All information displayed on this site is made available based on publicly available sources or from third-party data providers and has not been independently verified by us. FOMO makes no representation or warranty express or implied as to and no reliance should be placed on, the fairness, reliability, accuracy, completeness, timeliness or correct sequencing of the information. The information appearing on this site is for display and trial purposes only and should not be relied on or construed as legal, accounting, financial, tax, or other professional advice or opinion on any specific facts or circumstances and should not be relied upon in that regard by any individual or entity.
Your use of the information is at your own risk and neither FOMO nor any of its respective affiliates, advisers or representatives shall have any liability whatsoever (in negligence or otherwise) for any loss howsoever arising, whether directly or indirectly, from any use, reliance or distribution of the information displayed on this site. Information displayed on this site is not intended to be personalised investment advice or a solicitation for the purchase or sale of securities. You must always seek the relevant professional advice before otherwise making any such financial legal or commercial decisions.
THIS WEBSITE IS PRESENTED “AS IS”. FOMO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THIS WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY OF CONTINUOUS SERVICES AT ANY PARTICULAR TIME, OR INTEGRITY OF DATA STORED OR TRANSMITTED VIA THE SITE EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. MEMBER COMPANIES OF FOMO, THEIR DIRECTORS, OFFICERS, ASSOCIATES, AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND ABOUT THE SERVICES, CONTENT, INFORMATION AND/OR DATA CONTAINED IN THE WEBSITE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOMO WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS WEBSITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS OR THIRD PARTY CONTENT ON THIS WEBSITE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO DURING HYPERLINKING TO OR FROM THIRD PARTY SITES; (F) ANY INACCURACIES, OMISSIONS OR MISLEADING, FALSE OR DECEPTIVE STATEMENT IN THE CONTENT; OR (G) EVENTS BEYOND FOMO’S REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, FOMO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), LOST OPPORTUNITIES OR ANY OTHER LOSS RELATED TO THIS WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF FOMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL FOMO’S MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED SINGAPORE DOLLARS.
FOMO Pay Pte Ltd ("FOMO Pay") is a Major Payment Institution licensed and regulated by the Monetary Authority of Singapore. FOMO Pay's activities are governed by the Payment Services Act and do not include dealing in capital markets products.
As FOMO Pay does not hold a Capital Markets Services licence, it is prohibited under the Securities and Futures Act of Singapore from dealing in capital markets products. Accordingly, FOMO Pay does not engage in, nor offer to engage in, whether as principal or agent, any activities related to acquiring, disposing of, entering into, effecting, arranging, subscribing for, or underwriting any capital markets products. This includes, but is not limited to, making or offering to make with any person, or inducing or attempting to induce any person to enter into or offer to enter into any agreement related to capital markets products offered by its associated entity, CapBridge Pte Ltd ("CapBridge"), or any other unrelated entity.
While FOMO Pay and CapBridge are related companies, they operate as separate entities. FOMO Pay does not endorse, recommend, or facilitate any transactions related to capital markets products offered by CapBridge or any other unrelated entity. Any reference on this website either in words or graphics to capital markets services or products should not be construed as an endorsement, recommendation, or an attempt to induce any person to enter into or offer to enter into any agreement for capital markets products.
Visitors to this website are advised to seek independent legal and professional advice before making any decisions related to capital markets products, and to exercise their own independent judgment. FOMO Pay shall not be liable in any way, directly or indirectly for any loss or damage arising from investments in capital markets products offered by CapBridge or any other unrelated entities.
Any enquiries concerning CapBridge should be made directly to them at invest@capbridge.sg
When you use the Site or send emails to FOMO, you are communicating with FOMO electronically. You consent to receive electronically any communications related to your use of this Site. FOMO will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from FOMO intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on this Site.
You shall defend, indemnify and hold harmless FOMO, its suppliers, agents, directors, officers, employees, representatives, successors, and assigns from and against any and all claims, liabilities, expenses, loss, damages or costs, including reasonable attorneys’ fees, resulting from your use of this website. You shall also indemnify FOMO from any loss, damages, or costs, including reasonable attorneys’ fees, resulting from the violation of the Terms by you or anyone using your computer (or account, where applicable) including but not limited to your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on FOMO’s infrastructure. FOMO will control the defence of any claim to which this indemnity may apply, and in any event, you shall (i) fully cooperate with FOMO and (ii) not settle any claim without the prior written approval of FOMO. You agree to pay any and all costs, damages, and expenses, including but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim.
FOMO shall take reasonable care to ensure that all details, descriptions, and images of products & services appearing on this website are correct at the time when the relevant information was entered into the system; however, to the extent permitted by applicable law, FOMO does not warrant that the product or Service descriptions, colours or other content available on this website are accurate, complete, reliable, current, or error-free or that your access to the Site will be uninterrupted. Although FOMO aims to keep this website as up-to-date as possible, the information including product or Service descriptions appearing on this website at a particular time may not always reflect the product exactly at the moment you place an order.
When registering for an Account, you may be required to provide us with certain personal information including your name, email address and billing information:
a. You warrant that the personal information which you are required to provide when you register is true, accurate and current in all respects.
b. You are responsible for ensuring that the personal information you provide to FOMO is up-to-date. If your personal information changes, you shall immediately notify FOMO and/or update your account information. If any information provided by you is inaccurate or not up-to-date, FOMO reserves the right to cancel your membership.
c. You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else or is likely to be used in any way that is unauthorised by you, you should contact FOMO immediately. FOMO may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.
d. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. FOMO reserves the right to refuse service and/or terminate accounts without prior notice if you violate these terms and conditions or if FOMO decides, in its sole discretion, that it would be in their best interests to do so.
e. You may terminate your account at any time by sending an email to enquiry@fomopay.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated. FOMO may terminate your account at any time by notifying you via e-mail at least 5 business days prior to the termination of your account. You are responsible for all charges incurred up to the time the account is terminated.
Notwithstanding anything in these Terms, your use of and access to the Services are at your sole discretion and risk. You will bear sole responsibility for safeguarding and maintaining the confidentiality of your Account, including your username and password and all transactions and other activities in connection with or that occur on or through your Account.
Notwithstanding anything to the contrary, no obligation or responsibility shall be imposed on FOMO in relation to the detection and/or prevention of fraud or other types of unauthorised or illegal activity. Without limiting the generality of the foregoing and for the avoidance of doubt, you acknowledge and agree that Clauses 4, 5 and 8 herein shall continue to apply even in the event of fraud or other types of unauthorised or illegal activity.
You acknowledge and agree that these Terms, as well as any other terms and conditions which are found in this website or notified to you in writing by FOMO, constitute the complete and exclusive agreement between the parties concerning your use of this website and supersede and govern all prior proposals, agreements, or other communications. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of this site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
FOMO may, with or without prior notice, terminate any of the rights granted by these terms and conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of this website. Nothing contained in these terms and conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
FOMO’s failure to require your performance of any provision hereof, if any, shall not affect its full right to require such performance at any time thereafter, nor shall FOMO’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. No failure to exercise and no delay on the part of FOMO in exercising any right, remedy, power or privilege of FOMO under these terms and conditions and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
The rights and remedies provided by these terms and conditions are cumulative and are not exclusive of any rights or remedies provided by law. In the event that any provision of these terms and conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. FOMO may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent as reflected in the original provision.
A person who is not a Party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B) to enforce any of its terms which might otherwise be interpreted to confer such rights to such persons.
For the avoidance of doubt, the Terms will continue to apply to you until terminated by either you or FOMO in accordance with these Terms. Any sections of the Terms that, either explicitly or by their nature, must remain in effect even after termination of the Terms in relation to you, shall survive termination including without limitation, the provisions relating to ownership rights, disclaimer of warranties and liability, indemnity, governing law and dispute resolution.
The laws of Singapore shall govern these terms and conditions, your use of this website and/or any purchase you make from this website, and you agree to submit to the exclusive jurisdiction of the Courts of Singapore.
Products and service referred to in this Site are offered only in jurisdictions where and when they may be lawfully offered by FOMO. The contents in the Site are not intended for use by persons located in or resident in jurisdictions that restrict the distribution of such materials by FOMO. Persons accessing these pages are required to inform themselves about and observe any relevant restrictions.