TERMS AND CONDITIONS

These terms and conditions (the “Agreement”) govern your use of the AXS Network (as defined below) and/or the AXS Services (as defined below).

By using and/or accessing the AXS Network and/or the AXS Services, you agree to be bound by and comply with this Agreement. If you do not accept this Agreement, please immediately discontinue your use of and/or access to the AXS Network and/or the AXS Services.

1. DEFINITIONS

1. In this Agreement, the following words and expressions shall have the following meanings: –

1.1. “Account” means an account that you have created and registered with AXS;

1.1.1. “AXS”, “we”, “us” or “our” means AXS Pte Ltd;

1.1.2. “AXS Mobile Application” means the software application called ‘AXS m-Station’ and any upgrades to it from time to time, provided by AXS to offer you the AXS Services, which you may use on a mobile device;

1.1.3. “AXS Network” means the AXS network comprising of the AXS Mobile Application, the AXS Website, the AXS Stations, the AXS Selection Website, and any other channel through which AXS may offer AXS Services;

1.1.4. “AXS Receive” means a service you registered to receive payments and notifications (for example, refunds, payouts, claims, notices, statements and notifications) from AXS and participating organisations;

1.1.5. “AXS Selection” means a service which is made available on Internet website at www.axs-selection.com.sg  (or such other address which may be prescribed by us at any time which is similar or associated to such website) (“AXS Selection Website”) and AXS Mobile Application with product and service offerings for you to sign up/apply (for example, application of credit cards, application of insurance);

1.1.6. “AXS Services” means all products and services and any other features, technologies and/or functionalities which AXS and/or any Participant may make available on the AXS Network from time to time;

1.1.7. “AXS Stations” means the AXS physical self-service kiosks used in the provision of AXS Services;

1.1.8. “AXS Website” means the Internet website at www.axs.com.sg (or such other address which may be prescribed by us at any time which is similar or associated to such website) and the contents available on such website (including the AXS Services); 

1.1.9. “FIN” means foreign identity number issued to an individual who is a permanent resident of Singapore and long-term pass holders by the Singapore government.;

1.1.10. “Information” means any information or particulars relating to you, the Account, the Instructions or any Transaction;

1.1.11. “Instructions” means any communication, instruction, order, message, data, information or other materials received by us via the AXS Services and referable to your Security Codes, from you or purporting to come from you; 

1.1.12. “NRIC” is the identity document used in Singapore for Singapore citizens and Singapore permanent residents;

1.1.13. “Participant” means any person or company (for example, billing organisations), including any third party, which at any time participates or is involved directly or indirectly in providing the AXS Services;

1.1.14. “Payment” means a Transaction which effects a transfer of money;

1.1.15. “Payment Method” means method of effecting Payment;

1.1.16. “Payment Method Provider” means the party providing and/or facilitating the Payment Method (for example, banks and eNETS);

1.1.17. “Security Codes” means any personal or log-in details and other codes and access procedures for use in connection with use of and/or access to the AXS Services, including AXS Plus log-in details and AXS Mobile Application passcodes;

1.1.18. “Transaction” means any transaction or instruction effected or issued, or purported to be effected or issued, by you through the AXS Services; and

1.1.19. “User” means an end user of the AXS Website and/or the AXS Services (including you).

2. AXS SERVICES

2.1. In using the AXS Services, you agree not to:

2.1.1. breach this Agreement;

2.1.2. violate any law, statute or regulation;

2.1.3. infringe any intellectual property right;

2.1.4. impersonate any person or entity;

2.1.5. provide false, inaccurate or misleading information;

2.1.6. engage in money laundering activities;

2.1.7. engage in potentially fraudulent, suspicious or illegal activity;

2.1.8. refuse to cooperate in any risk review or investigation conducted by AXS, or provide any confirmation of any information about yourself as
AXS may request;

2.1.9. take any action that imposes an unreasonable or disproportionately large load on AXS’ s infrastructure;

2.1.10. use any unauthorised third-party software designed to access, crawl or collect from the AXS Website, AXS Selection Website; or

2.1.11. use any unauthorised third-party software that intercepts, mines or otherwise collects information from or through the AXS Website and AXS Selection Website. 

2.2. For providing you with the convenience of AXS Services, we may charge a service fee for using any of the AXS Services. If a service fee will be charged, we will display that service fee to you in the applicable AXS Service before you use the applicable service. Your use of the service after the display of service fee shall constitute acceptance of the service fee. The fees are non-refundable.

3. ACCESS

3.1. We and/or the Participants may at any time without notice to you or giving any reason:

3.1.1. change the manner of use of the AXS Network;

3.1.2. limit, suspend or terminate any or all of the AXS Services;

3.1.3. disallow any Transaction or allow a Transaction subject to such conditions as we and/or any relevant Participants see fit;

3.1.4. add or delete any Participant; or

3.1.5. revoke or suspend any User’s right and authority to use and/or access the AXS Services.

3.2. We may deny you access to the AXS Network and/or the AXS Services without notice to you or giving any reason. We may also impose such limitations on the use or your termination of the AXS Services as we may notify you from time to time.

4. INSTRUCTIONS

4.1. Any use of and/or access to the AXS Services referable to your Security Codes shall be deemed to be use of and/or access to the AXS Services by you.

4.2. Any Instructions shall be deemed to be transmitted or validly issued by you.

4.3. We are under no obligation to verify the authenticity or accuracy of the Instructions.

4.4. All Instructions are irrevocable and unconditional upon transmission through the AXS Services. We are entitled (but not obliged) to effect or process such Instructions without any further consent from or reference or notice to you. 

4.5. You will be responsible for all Transactions through the AXS Services made by any person, with or without your authority, knowledge or consent, and may not claim against us in connection with any such use or purported use.

4.6. You shall settle any claims against or disputes with any Participant and/or Payment Method directly with the Participant and/or Payment Method Provider, and not with us.

5. PAYMENTS

5.1. Payment may be effected through eNETS, credit card, or any other Payment Method we and/or the Participants make available to you.

5.2. AXS reserves the right at any time to modify or discontinue, temporarily or permanently, any Payment Method without notice to you or giving any reason.

5.3. You agree that you are subject to the applicable user agreement of your Payment Method.

5.4. You may not claim against us for any failure, disruption or error in connection with your chosen Payment Method. 

5.5. You acknowledge that where payment is initiated by you, there will be no refund by AXS whatsoever because your payment is recognised as paid to the Participant as soon as it is made.

6. AXS PLUS

6.1. You may create an Account with AXS Plus and are entitled to choose the log-in details which you will use to access your Account on the AXS Stations.

6.2. You agree that you are solely responsible for maintaining the confidentiality of your log-in details, and may not claim against us for any loss or damage resulting from your failure to do so.

6.3. You agree that your Account will only be used to effect Transactions for yourself and/ or your related party not on behalf of another unrelated party.

6.4. By creating an Account, you agree that we will store your bill account numbers and Transaction information/history in an information retrieval system and link your billing information to your log-in details.

7. AXS MOBILE APPLICATION

7.1. You may download the AXS Mobile Application onto your mobile device and are entitled to choose the passcode which you will use to access your billing information on your mobile device. Once the passcode is enabled, you may also where applicable use the security login feature afforded by your mobile device, e.g. Touch ID, Face ID, etc. to access AXS m-Station.

7.2. You agree that you are solely responsible for maintaining the confidentiality of your passcode, and may not claim against us for any loss or damage resulting from your failure to do so.

7.3. You agree that the AXS Mobile Application downloaded onto your mobile device will only be used to effect Transactions for yourself or your related party.

7.4. By creating a passcode, you agree to store your bill account numbers and Transaction information/history on your mobile device and link your billing information to your passcode.

7.5. If you lose your passcode and/or access to the AXS Mobile Application downloaded onto your mobile device, AXS cannot retrieve your passcode for you. You may however create a new passcode.

8. AXS RECEIVE

8.1. AXS Receive is a service bought to you by AXS to facilitate and simplify refunds, payments and notifications to you by the participating organisations. By creating an AXS Receive Account, you will have access to payment and information (such as refunds, payouts, claims, notices, statements, and notifications) on the AXS m-Station application.

8.2. To protect the data and confidential information, AXS Receive service is only available to AXS m-Station that has passcode enabled. Once the passcode is enabled, you may also where applicable use the security login feature afforded by your mobile device, e.g. Touch ID, Face ID, etc. to access AXS m-Station.

8.3. The AXS Receive Account is an individual account created for the sole purpose of receiving payment and information by a validated user.

8.4. By creating an AXS Receive Account, confidential information such as full name, NRIC number/FIN, contact number, email address, payment information/history will be stored on your mobile device protected by the passcode you have created and accessed by AXS for the purpose of facilitating AXS Receive services to you.

8.5. You agree that the NRIC number/FIN registered in your AXS Receive Account will be collected and used for the purposes of receiving refunds and payments by PayNow, and information retrieval for notifications (such as fines, road tax, season parking and other vehicle information).

9. RECURRING PAYMENT

9.1. The AXS Recurring Payment Service (“Recurring Service”) is open to participating payment option(s) whose card and/or payment accounts remain valid for the monthly bills to be charged successfully .  Only participating payment option(s) activated on AXS Mobile Application will be eligible for the Recurring Service.

9.2. The Recurring Service is only available on AXS Mobile Application.

9.3. By using the Recurring Service, you authorize AXS to charge your selected payment option every month for:

9.3.1. the full payment of the bill(s) selected, where the monthly outstanding amounts are available to AXS from the billing organization(s); or

9.3.2. the payment of the fixed amount to the billing organization(s) of the bill(s) selected as specified by you.

9.4. By using the Recurring Service, you agree to AXS and the participating billing organization(s) from collecting, using and disclosing your Personal Data (as defined in the Personal Data Protection Act of Singapore) and bill information (e.g. account number, outstanding bill amount, due date, etc.) to each other and such parties as AXS and/or the billing organization(s) considers necessary for the purposes of processing the recurring payment arrangement, payments and refunds in connection with the Recurring Service. This shall include the retention of transaction record as proof of authorization of your set up of the Recurring Service.

9.5. The Recurring Service is an agreement solely between you and AXS to charge the specified amounts for the corresponding billing organization(s) on an ongoing basis, and the transactions will continue until the occurrence of any of the following events:

9.5.1. you terminate the Recurring Service by deleting the recurring payment arrangement on AXS Mobile Application;

9.5.2. the relevant bill(s) is invalid for whatever reason, including but not limited to invalid account number, or closed account;

9.5.3. AXS at its sole discretion decides to discontinue the Recurring Service, AXS will notify you one month before the discontinuation date.

9.6. For the avoidance of doubt, the participating payment option is not a party to the Recurring Service, except as a payment facility.

9.7. All applications to the Recurring Service are subject to approval from AXS, and AXS reserves the right to reject/decline any application at its sole discretion without giving any reason.

9.8. Upon successful activation of the Recurring Service, a push notification and email will be sent 3 days before the next recurring payment date. Please ensure notification is allowed for AXS Mobile Application.  AXS use reasonable efforts to ensure that the push notification is accurate and up-to-date.  However, we are unable to guarantee that you will receive the push notifications in a timely manner (or not at all), and take no responsibility for any error, omission or effect contained in the push notifications.

9.9. In addition, an eReceipt will be sent to your email address registered in AXS Mobile Application for every successful recurring transaction. The next recurring payment date and payment intervals will be as setup by you for the Recurring Service.

9.10. You can change or delete the recurring payment arrangement anytime in AXS Mobile Application.

9.11. Should there be any change to your selected payment option (e.g. card and/or payment account expiry or cancellation) or bill (e.g. account number change or account closure), please delete the existing recurring payment arrangement in AXS Mobile Application, and, where applicable, setup a new Recurring Service.

9.12. You may use other AXS Network to make alternative payments to the relevant billing organization(s) should you wish to terminate the Recurring Service and AXS shall not be responsible for any loss arising from your termination of the Recurring Service.

9.13. If any payment charged to your selected payment option is , you will be responsible for arranging payment to that billing organization(s) by other means. AXS shall not be responsible for any unsuccessful bill payment including but not limited to expired, cancelled or insufficient card or payment account limits.

9.14. You accept and agree that no refunds of recurring payment amount or fees are permitted once charged to your selected payment option.

9.15. All correspondences between AXS and you regarding your application will be sent to your last known email address on AXS’s records.

9.16. AXS will not be liable for any loss, expenses, delays, mistakes, fraud, neglect or omission in the transmission of payment under the Recurring Service or for any unsuccessful recurring transaction.

9.17. AXS is not an agent of any of the participating billing organization(s) and vice versa. Any dispute about the quality of billing organization(s) service, disruption of service or service standards must be resolved directly with respective billing organization(s).

10. SECURITY CODES

You agree that you are solely responsible for maintaining the confidentiality of the Security Codes, and may not claim against us for any loss or damage resulting from your failure to do so.

11. INTELLECTUAL PROPERTY RIGHTS

10.1. All the intellectual property rights in and to the contents of the AXS Network and AXS Services are owned by or licensed for use by AXS. You may not reproduce, distribute, publish, modify, display, broadcast or transmit in any manner or store in an information retrieval system any part of the contents without our prior written consent.

10.2. The trade and service marks displayed on the AXS Network are the sole and exclusive property of AXS, the relevant Participants or other relevant third parties. You do not have any right or license for any reproduction or use of any such trade and service marks.

10.3. Any third party software application you use via the AXS Network is subject to the user agreement of the third party. AXS does not own, control nor have any responsibility or liability for any third party software application you use on the AXS Network and/or in connection with AXS Services. You may not claim against us for any loss or damage resulting from such use.

12. ERRORS AND UNAUTHORISED TRANSACTIONS

12.1. You must immediately notify AXS if you believe, or have reason to believe:

12.1.1. there has been any unauthorised Transaction or Payment;

12.1.2. there has been any unauthorised access to your Account;

12.1.3. there has been any unauthorised use of Security Codes;

12.1.4. the confidentiality of your Security Codes has been compromised; or

12.1.5. there has been an error in your Transaction information/history or you need more information about a Transaction listed in your Transaction information/history.

12.2. In view of the above, you should regularly check your bank or other applicable statements and records relating to your Payment Method to ensure that there are no errors or unauthorised Transactions. You should ensure that the information that you have provided AXS is updated, complete and accurate.

12.3. To notify AXS, please contact AXS by completing the online feedback form and provide the following details:

12.3.1. Your name, or the name you registered to your Account (if any);

12.3.2. A description of the suspected unauthorised Transaction or error and an explanation as to why you believe it is incorrect or why you need more information to identify the transaction; and

12.3.3. The amount of any unauthorised Transaction or error.

12.4. After we receive the notification above, we may choose to assist you by requesting on your behalf that the relevant Participant or Payment Method Provider conduct an investigation to see if there has been an unauthorised Transaction or error. AXS chooses to assist you out of goodwill. You shall settle any claims against or disputes with any Participant and/or Payment Method directly with the Participant and/or Payment Method Provider, and not with us.

12.5. The decision of the relevant Participant and/or Payment Method Provider with respect to any unauthorised Transaction or error is final and AXS is entitled to honour it.

12.6. We may choose to issue replacement Security Codes (if applicable) and charge a replacement fee.

12.7. If you send a Payment to the wrong party or send a Payment for the wrong amount, AXS may choose to assist you out of goodwill in contacting the party that received the Payment to ask for a refund. However, AXS shall not be liable to reimburse any Payment or to reverse any Transaction that you have made as a result of your error or negligence.

13. TERMINATION

13.1. We may terminate this Agreement at any time, without prior notice to you or giving any reason. Where we have not given prior notice, we shall as soon as practicable notify you of such termination by any notification method we choose. Such termination shall be effective on and from the date we specify in the notice to you.

13.2. Termination will not affect any rights or obligations accrued prior to the date of termination. You will still be responsible for any Transaction or Payment authorised or purportedly authorised by you prior to the date of termination.

13.3. Any provision of this Agreement capable of having effect after the termination of this Agreement shall remain in full force and effect following the termination of this Agreement. This includes but is not limited to Clauses 10, 11 and 13 to 17.

14. NO WARRANTIES

14.1. You agree that you use and/or access the AXS Network and/or the AXS Services entirely at your own risk.

14.2. The AXS Network and the AXS Services are provided ‘as is’, and ‘as available’. Except as specified in this Agreement or any other applicable terms and conditions, AXS provides the AXS Network and AXS Services without warranties of any kind. AXS does not warrant the truth, accuracy, adequacy, completeness or reasonableness of the contents of the AXS Network and the AXS Services.

14.3 AXS expressly disclaims liability for any and all errors or omissions whatsoever in the performance of the AXS Services.

14.4. No warranty of any kind, implied, express or statutory (including but not limited to any warranty of title, non-infringement of third party rights, merchantability, satisfactory quality, fitness for a particular purpose and freedom from computer virus or malicious code), is given in conjunction with the AXS Network and/or the AXS Services.

15. HYPERLINKS

15.1. For your convenience, the AXS Network and/or the AXS Services may include, refer to or make available hyperlinks to other third-party websites or content (including that of the Participants and Payment Method Providers). Such linked websites or content are not under our control and we are not responsible for the contents of or the consequences of accessing any such linked website, nor for any goods or services provided through any such linked websites.

15.2. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content. You agree that you use and/or access such linked websites or content entirely at your own risk.

16. EXCLUSION AND LIMITATION OF LIABILITY

16.1. Without prejudice to anything contained in this Agreement, AXS shall not be liable in any manner whatsoever for any damage, loss or expense including without limitation, direct, indirect, special, or consequential damage, or economic loss arising from or in connection with:

16.1.1. any use and/or access or the inability to use and/or access the AXS Network and/or the AXS Services;

16.1.2. any information or data available on the AXS Network;

16.1.3. any Transaction or Payment or AXS Services (including reminder service);

16.1.4. any loss or abuse or unauthorised disclosure of information (including Security Codes); or

16.1.5. any system, server or connection failure, error, omission, interruption, interception, delay in operation or transmission, or computer virus.

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

16.3. AXS tries our best to ensure that the information and data available on the AXS Network is correct and up-to-date. AXS reserves the right to periodically make changes to the information or data on the AXS Network.

16.4 In any event, AXS’s liability to you (in contract, tort or any other theory of liability) shall not exceed the higher of the fees paid by you to AXS for the AXS Services or the sum of S$ 100.

16.5This clause 15 shall take effect to the fullest extent permitted by law.

17. LIMITATION PERIOD

Any claim of any nature by the User against AXS must be commenced within two (2) years after the date on which the cause of action arises, following which the User shall have no further claim whatsoever against AXS.

18. INDEMNITY

You agree to indemnify and hold AXS, and its affiliates, officers, agents, employees or personnel harmless from any claim or demand, including legal fees, made by any third party in connection with your use of the AXS Network and/or the AXS Services, your breach of this Agreement, or your violation of any rights of another party.

19. MISCELLANEOUS

19.1. Safeguarding of Money.  As a holder of a major payment institution licence, AXS is required to ensure that your money received by AXS is safeguarded in a manner prescribed by MAS.  In this regard, AXS has established a designated trust account with a safeguarding institution, DBS Bank Ltd, pursuant to the Payment Services Act for the purpose of safeguarding your money. Money in this trust account are strictly from payments made by users, like yourself, and are not commingled with AXS’s money. In the unlikely event of AXS’s insolvency, the money in the trust account cannot be used for payment of our debts and will be disbursed out in accordance to payment records made by users.

19.2. No Solicitation. The information and materials contained in or accessed through the AXS Network shall not be considered or construed as an offer or solicitation to sell, buy, give, take, issue, allot or transfer, or as the giving of any advice in respect of shares, stocks, bonds, notes, interests, unit trusts, mutual funds or other securities, investments, loans, advances, credits or deposits in any jurisdiction.

19.3. Severability. If any term (or part of the 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 which shall remain valid and enforceable.

19.4. Entire Agreement. This Agreement and any subsequent amendments to it constitute the entire agreement between you and AXS.

19.5. Subject to Change. This Agreement may be amended by us at any time by posting a revised version on the AXS Network. You should check the terms regularly. The revised version shall be effective on and from the date we specify. Should you not agree with the revised version, you should discontinue your use and/or access of the AXS Network and/or the AXS Services.

19.6. No Waiver. The failure of AXS to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties. intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

19.7. Evidence. You agree to treat as conclusive evidence, and not to dispute the validity, accuracy or authenticity of, any evidence of your instructions and communications transmitted between yourself and AXS. This includes such evidence in the form of AXS’s computer records, transaction logs, computer printouts, copies of any communication or any written statement by AXS’s personnel.

19.8. Communications. All communications (including but not limited to notices) from AXS to you may be made available on the AXS Network. We will not be responsible for your failure to receive such communications if such failure is due to (without limitation): (a) errors, faults or defects in your electronic device or telecommunication service provider; or (b) your failure to regularly check the AXS Network. We may from time to time designate other acceptable modes of communications and the time by which such notice shall be deemed given.

20. PROVISION OF INFORMATION

20.1. By using the AXS Services, you acknowledge and accept that your Information may be disclosed to the Participants or such other third party for the purpose of providing you with the AXS Services. Such disclosure and use of your Information may be necessary or inevitable for the purposes of giving effect to any Electronic Instruction from you and/or to facilitate or enable your use of the AXS Services. We may not be able to provide the AXS Services to you if you do not allow such disclosure, access to or use of your Information.

20.2. Neither we nor any of our personnel shall be liable for any loss or damage suffered by you as a result of 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.

20.3. Our authority to collect, use or disclose Information in this Clause shall be in addition to and without prejudice to our other rights of disclosure pursuant to any applicable laws.

20.4. You will provide us with any information or documentation that we may reasonably request relating to your use of the AXS Services and shall cooperate with us in any related investigation or litigation.

21. PRIVACY POLICY

21.1. We will comply with all applicable data protection laws on protecting personal data (as defined in the Personal Data Protection Act 2012) that we receive in connection with the use of the AXS Network and/or the AXS Services.

21.2. Your personal information is covered by our Privacy Policy which is deemed to be part of this Agreement.

22. CONTRACTS (RIGHTS OF THIRD PARTIES) ACT

A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce anything in this Agreement (except as expressly described in this Agreement).

23. ANTI-MONEY LAUNDERING

23.1. AXS is required to comply with laws in Singapore which relate to the prevention of money laundering, terrorist financing and the provision of financial and other services to any persons or entities which may be subject to sanctions. AXS may take any action which it considers appropriate to take to comply with such laws.

23.2. AXS will not be liable for any loss or damage suffered by any party arising out of any delay or failure of AXS in the performance of this Agreement or other obligations caused in whole or in part by any steps which AXS considers appropriate to take in accordance with this Clause.

24. GOVERNING LAW

24.1. AXS makes no representation that the information and materials contained in or accessed through the AXS Network is appropriate or available for use outside of Singapore.

24.2. This Agreement shall be interpreted and governed by the laws of Singapore.

24.3. You agree to submit to the non-exclusive jurisdiction of the Singapore courts with respect to any legal proceedings which may be initiated in connection with your use and/or access of the AXS Network and/or the AXS Services or with this Agreement.

By using and/or accessing the AXS Network and/or the AXS Services, you agree to be bound by and comply with this Agreement. If you do not accept this Agreement, please immediately discontinue your use of and/or access to the AXS Network and/or the AXS Services.