Terms of Use

Governing Electronic Services

A. RECITAL

1. This Terms of Use Governing Electronic Services explains the terms and conditions that apply when you use any Electronic Services (as defined below) that may be provided by us.

2. This Agreement will replace all previous terms and conditions relating to the provision of Electronic Services. Nothing in this Agreement will supersede or vary any term set out in other terms and conditions governing our relationship with you. This is especially so when you enter into separate agreements with us for the provision of Products & Services. The terms laid down therein shall apply.

3. When you use any of our Electronic Services described in this Agreement, or authorise others to use them, you acknowledge and agree to the entire terms and conditions of this Agreement which forms the basis and entirety of the agreement between you and us.

B. DEFINITIONS

4. The following terms shall bear the meanings set out in the table below:-

Account	Shall mean any and all accounts which is accessed by you through Electronic Services and shall include any Account that you may be required to create for the access to any Products & Services.
Authorised User	Shall mean any person(s) authorised by you or your joint account holder from time to time to use the Electronic Services in relation to your Account.
Channel	Shall mean any mode of access to our Electronic Services and shall include any Content.
Electronic Instructions	Shall mean any electronic instructions, communications, instructions, orders, messages, data, information or other materials received by us through Electronic Services, which we reasonably believe come from you or your Authorised User. For the avoidance of doubt, we are under no obligations to verify the veracity and/or authenticity of such Electronic Instructions.
Electronic Services	Shall mean any services that we may offer to you from time to time via electronic means, including any modification thereof made by us (the scope and nature of which shall be determined at our sole discretion). They may include screening of wallet or transaction addresses, purchase, sale, subscription and/or redemption of any Products or the use of any other Services offered by us whether in or outside Singapore.
Electronic Transaction	Shall mean any transactions initiated or effected from your Account through Electronic Services.
Information	Shall mean information regarding the money or other relevant particulars relating to you, or any Authorised User, or the Account or any Electronic Instructions.
Provider	Shall include:- (1) any person (individual or non-individual) in Singapore or otherwise, which offer services or products, directly or indirectly through the Electronic Services; (2) any person (legal or natural) to whom we outsource certain functions or activities to allow us to operate our Electronic Services; (2) any government, regulator, law enforcement agency, financial institution, and ancillary service provider (for example, telecommunication, internet access, cloud network, logistics, facilities management, data centres, system hosting, call centres, equipment and software providers), agent or subcontractor involved in our provision of Electronic Services; and (4) our agents or storage or archival service providers for the purpose of making, printing, recording, mailing, storage, and/or filing any documents or items on which such Information appear.
Security Codes	Shall mean personal identification numbers, passwords, personal identifiers, biometrics identifiers, digital identifiers, other codes and verification procedures whether set by you or us that would allow you access to our Electronic Services.
“We”, “Us”, “Our” and “Ours”	shall mean MetaComp and/or its Affiliates, including their successors and assignees, as the case may be.
“Affiliates”	shall mean any related entities to MetaComp Pte. Ltd. (“MetaComp”) and may include but are not limited to its parent, sister and/or holding company.
“Agreement”	shall mean these Terms and Conditions Governing Electronic Services.
“CAMP”	shall mean an online client asset management platform owned and operated by us.
“Content”	shall mean to any information, images, links, sounds, graphics, videos, software or other materials including quotes, news and research data that are available through our Electronic Services.
“Products & Services”	shall include but are not limited to CAMP, any services or products offered through CAMP, any electronic wallets offered by us, any on-chain screening services provided by us (whether these are chargeable or otherwise).
“You”, “Your” or “Yours”	shall mean everyone named on your Account, together, individually and includes you and/or any of your Authorised User as the case may be.

C. AUTHORIZED USER & USE

5. Your use and access to our Electronic Services shall be subject to this Agreement. You shall be wholly responsible for all transactions made by you or, from our view, authorized by you, your Authorised User. We shall not have any responsibility to take any further steps to authenticate and/or determine the veracity of any Electronic Instructions issued through the Electronic Services.

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

7. In the event that you have authorised any person to give us Electronic Instructions on your behalf, you will be responsible for their acts and/or omissions, including any and all losses and/or damage arising from Electronic Payment which they may undertake. For the avoidance of doubt, such losses and/or damage shall also include any loss and/or damage that may be

8. We shall have the right to decline to proceed with any Electronic Instructions in the event that:-

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

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

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

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

(5) any Electronic Instructions would cause you to exceed your applicable transaction or Account limits; and/or

(6) any Electronic Instructions would result in insufficiency of funds in your Account; without incurring any responsibility for loss, liability or expense arising out of so declining to act.

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

D. ACCESS TO ELECTRONIC SERVICES

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

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

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

E. AUTHENTICATION SERVICE

13. From time to time, we may introduce new or different forms of authentication service for you and/or your Authorized User’s authentication when you use our Electronic Services. We may replace the authentication service from time to time without prior notice to you.

F. RESPONSIBLE USE OF OUR ELECTRONIC SERVICES

14. You shall ensure that the use our Electronic Services in accordance with all applicable laws, regulations, guidelines and within our reasonable expectations. You shall not use our Electronic Services for any purposes which are not authorised by us, wrongful and/or illegal purposes. In particular, you may not use our Electronic Services for the harvesting or extraction of any data. Where we are aware of any misuse of our Electronic Services by you and/or your Authorised User, we reserve the right to terminate or suspend our provision of Electronic Services to you immediately without any prior notice. In such instances, we shall not be liable for any loss suffered by you or any third party as a result of such termination or suspension.

15. Where you or your Authorised User has misused our Electronic Services and caused loss and damage to you and/or any third party, you agree and undertake to fully indemnify us, our Affiliates, Providers and sub-contractors for such loss and damage suffered and shall pay such monies to us upon our demand.

G. RIGHT OF SET OFF

16. We may set-off from your Accounts with us any fees, Goods and Services Tax (“GST”), loss, damage or expense suffered by us, as a result of our provision and/or your use of our Electronic Services. This means if you have not paid back the money you owe us under this Agreement or any other agreements that you may have entered with us for the use of our Products & Services, we may use the money in any of your accounts with us to partially or fully repay the money you owe. You agree that such exercise of our right of set off shall not require any further notice.

H. SECURITY & AUTHENTICATION

17. For security and authentication purposes, you may be required to create Security Codes in connection with your Accounts and/or Electronic Instructions. You are advised to ensure that your Security Codes and email accounts are sufficiently secure and not easily compromised.

18. To ensure that your Account is protected, you agree to:-

(1) notify us immediately if you change your mobile number or email/mailing address which are used to generate and/or receive any Security Codes;

(2) notify us immediately if you have lost any of your Security Codes or your device used to generate and/or receive Security Codes or email addresses have been compromised;

(3) to tell us immediately if any Authorised User to whom the Security Code is given is no longer authorised to use the Electronic Services;

(4) not disclose your Security Codes to any third party;

(5) to ensure that your Security Codes are kept in a secure manner and not accessible by any third party;

(6) to take due care of the devices that you use to generate or receive Security Codes, access online banking and email addresses and ensure that they are not vulnerable to unauthorised access;

(7) not to use any equipment, device, software or email address which you know or have reason to suspect contains any viruses, malicious code or damaging components which may interfere with or compromise your use of the Electronic Services; and/or

(8) not to install, or cause to be installed (for example clicking on suspicious links), any malware or viruses that would result in your devices, email addresses or Security Codes being compromised by any third party.

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

20. Where we are of the view that your Account or your Security Codes might have been compromised, in order to protect your Account, we may:-

(1) require that you identify yourself by alternative means;

(2) require any Electronic Instruction to be confirmed through alternative means (in writing given in person at a branch, etc.); and/or

(3) refrain from acting promptly upon any Electronic Instructions in order to confirm any Electronic Instructions or your identity.

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

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

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

(2) require information relating to such unauthorised or erroneous transactions, including how such transactions occurred; and/or

(3) require you to report to relevant law enforcement and/or regulatory authorities as the case for any necessary directions and/or assistance.

If you are unable to or decline to provide the requested information above, this would have a negative impact on our recovery efforts.

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

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

24. We shall retain the right to decline providing you with any Electronic Services where we have reasons to believe that you do not intend to use our Electronic Services responsibly. In this case, we shall not be obligated to provide you with any reasons whatsoever for such refusal to provide.

I. WARRANTIES, DISCLAIMER AND LIMITATIONS

25. We do not provide any warranty of any kind of:-

(1) our Electronic Services, including warranties of accessibility, quality, provision or performance of any goods or services;

(2) our Content, including warranties of accuracy, adequacy, currency or reliability;

(3) our hyperlinks to any other websites or content, if any, which are not an endorsement or verification of such websites or content.

26. We will not be responsible for any loss suffered by you arising from or in connection with your use of Electronic Services even if we are advised of, or otherwise might have anticipated, the possibility of such loss, damage or expense. In particular, we will not be liable to you for any loss as a result of:-

27.

(1) any Electronic Services not being available due to system maintenance or breakdown/non-availability of any network;

(2) the non-delivery, delayed delivery, misdirected delivery or the non-receipt of any Electronic Services.

(3) any non-processing or delay in processing of Electronic Instructions by us or by any Provider through whom your Electronic Instructions are transacted;

(4) inaccurate or incomplete Content, reliance on or use of the information provided on any Channel for any purpose;

(5) any disclosure of any Information which you have consented to us collecting, using or disclosing or where such collection, use or disclosure is allowed under the applicable laws in Singapore;

(6) any unauthorised and/or unlawful access to our machines, data processing system or transmission link;

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

(8) any event outside our control.

J. OUR RECORDS

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

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

K. FEES

30. We may charge and revise fees for our services (for example, processing and transaction fees relating to our Electronic Services). In most cases, we shall endeavor to notify you in advance of such changes before they become effective, unless it is not practicable to give such advance notice.

31. For certain Electronic Services, we may share fees, brokerages, commissions and other charges with our Provider. We are not required to account to you for all or any part of these sums.

32. If GST is charged on any payment, you shall pay such GST in addition to all sums payable. You agree to indemnify us against any payments that we are required by law to collect and make in respect of such GST.

L. TERMINATION

33. We may stop or suspend any of our Electronic Services immediately without giving any reason. This includes limiting or replacing the Electronic Services as we may tell you from time to time.

34. If we need to end this agreement (and close your Accounts linked to our Electronic Services), we may do so at any time without giving any reason or advance notice to you. We shall notify you as soon as practicable by any notification method, including through Electronic Services, local newspapers, displays at our branches or media publications. Such termination shall be effective on and from the date specified in the notice.

35. Unless notified by us in writing and/or otherwise provided in the agreements for relevant Products & Services, you may terminate your use of any Electronic Services by giving us seven (7) days advance written notice. Terminating your use of the Electronic Services shall not affect any rights or obligations accrued before the effective termination date.

M. INTELLECTUAL PROPERTY

36. Without our prior written consent, no part or parts of the Channel or the Electronic Service or any Content may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system.

37. You shall be permitted to view, print or use the Content for personal, non-commercial use only, provided that you do not modify the Content and that you retain all copyright notices and other proprietary notices contained in the Content.

38. Trademarks, service marks, and logos (the “Trade Marks”) used and displayed on or through the Channel or the Electronic Services are registered and unregistered Trade Marks of ours and others. You agree not to use any Trade Marks displayed on or through the Channel or the Electronic Service, without our written permission.

N. USE OF THIRD PARTIES

39. We reserve the right to use any Provider, subcontractors and/or agents on such terms as we deem appropriate.

O. OTHER TERMS

40. This Agreement shall be governed by Singapore law and shall be subject to the exclusive jurisdiction of the Singapore courts.

41. No failure to exercise, nor any delay in exercising, on our part any right or remedy under this Agreement will operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise thereof or the exercise of any other right or remedy. Our rights and remedies in this Agreement are cumulative and not exclusive of any other rights or remedies provided by law.

42. If any term of this Agreement is unlawful or unenforceable under any applicable law, it will, to the extent permitted by such law, be severed from this Agreement and rendered ineffective where possible without modifying the other terms of this Agreement.

43. In the event of any contradiction or inconsistencies with other terms, this Agreement shall prevail in respect of your use of Electronic Services and resolution of any disputes or issues arising out of your use of our Electronic Services. Where the dispute or issues relates to your Accounts or terms pertaining to the use or provision of the Products & Services, the terms in those agreements executed between us and you shall prevail.