TERMS & CONDITIONS

1. BINDING AGREEMENT

  1. The Pegebak Mobile Application (the App) and the www.pegebak.com website (the Website) are products owed by and belong to Pegebak Pte. Ltd. The App and the Website are provided to you for your use subject to these Terms & Conditions (T&C). The T&C forms a binding agreement between you and Pegebak Pte. Ltd.
  2. By accessing, using, downloading or browsing the App and/or the Website, you agree to be bound by the T&C unreservedly. Further, you agree to use the App and/or the Website at your own risk.
  3. The T&C may be updated from time to time for any reason. You will be notified of the changes via the email address provided by you at the time of registration. If you do not accept any of the subsequent changes to the T&C, you should immediately cease and desist from using the App and/or the Website. If you continue to use the App and/or the Website after the date on which the changes come into effect, you are deemed to have agreed to the changes and your actions indicate your agreement to be bound by the new T&C.

2. DEFINITIONS

  1. Google Forms is a free online tool from Google which allows users to create forms, surveys, and quizzes as well as to collaboratively edit and share the forms with other people.
  2. SmartForms is a Pegepay e-commerce platform hosted service that provides the tools and technology for merchants to set up an online store and sell products and services on their own website.
  3. SmartForms Plugin is a Pegepay conduit app that connects and manages data flow between SmartForms and Google Forms.
  4. Site is your customized e-commerce site rendered using Pegepay SmartForms.
  5. QR Code is the EMV Co. compliant QR code issued by your acquiring/issuing bank/e-wallet company and used by your customers to process payment to you.
  6. Services are the various application services provided by Pegepay.
  7. Credit is a form of payment for your services used on Pegepay.
  8. Available Balance means the equivalent of physical money which has the same par value in the Credit account.
  9. Service Fee means charges imposed for certain transactions/services(over and above the actual cost/value of the transaction) using the Available Balance in the Credit account.
  10. You/Your refers to the person/entity agreeing to the T&C or any agent/representative on behalf.

3. REGISTRATION AND ACCOUNT TERMS

  1. Registration is open to all companies, businesses, partnerships and firms. Registration is further open to all individuals above the age of 18. To access and use the Services, you must register for a Pegepay account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Pegebak may reject your application for an Account, or cancel an existing Account, for any reason, at our sole discretion.
  2. It is entirely your responsibility to provide accurate and complete information at the time of registration or at any other time.
  3. You must inform Pegebak Pte. Ltd immediately of any changes to the information that you provided previously by updating your information. You are solely and entirely responsible for the consequences arising out of your failure to do so, inclusive of non-receipt of monies or any form of communication.
  4. Please note that any error, accidental or otherwise, or any form of failure on your part to keep your information, inclusive of your QR code particulars updated will not result in any liability on Pegebak Pte. Ltd.
  5. You acknowledge that you are responsible for the creation and operation of your SmartForms site.
  6. PeGePay is not a marketplace. Any contract of sale through your SmartForms site is directly between you and the buyer.
  7. You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account.
  8. A breach or violation of any term in the T&C, as determined in the sole discretion of Pegebak may result in an immediate termination of your Services.

4. PASSWORD & SECURITY

  1. When you register to use the App and/or Pegepay, you will be asked to create a password. To prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that any unauthorized person knows your password, you should notify Pegebak Pte. Ltd immediately either through the App or Pegepay website directly.
  2. If there is reason to believe that there is likely to be a breach of security or that you are in any way misusing the App and/or Pegepay for other than its intended purpose, your account may be suspended indefinitely and Pegebak Pte. Ltd. will not be liable for any losses or damages as a result, if any.
  3. In addition to a password, you will also have to provide your mobile number as an additional factor to authenticate your identity.

5. INTELLECTUAL PROPERTY

  1. All rights, titles, interest, content inclusive of all logos, button icons and other graphical elements, with the exception of 3rd party advertising banners, are owned by Pegebak Pte. Ltd.
  2. The App and/or Pegepay are protected by copyright, trademark and other intellectual property rights.

6. FUNCTIONALITY

  1. The App and/or Pegepay is a platform enabling you to utilize it in whatever manner deemed fit by you which is compatible with the purpose of the App and/or Pegepay.
  2. The purpose of the App and/or Pegepay is to act as a platform for merchants to create hosted e-commerce sites for their end-user customers to transact orders, pay and receive purchased items via the pickup or delivery option.
  3. There is no guarantee that the App and/or Pegepay will be fault-free, error-free or free of viruses.
  4. Your access to the App and/or Pegepay may occasionally be restricted to allow for maintenance or repairs.

7. USAGE OF THE APP AND/OR PEGEPAY

  1. You are hereby granted a limited, terminable, non-exclusive right to access the App and/or Pegepay only for the purpose for which the App and/or Pegepay was set up for.
  2. You may not use the App and/or Pegepay for any of the following:
    1. disseminating any unlawful, abusive, lewd, pornographic, threatening, spam, vulgar or otherwise objectionable material whether in the form of text, symbols or images;
    2. reproducing any content from the App and/or Pegepay for general use;
    3. transmitting material that encourages conduct which constitutes a criminal offence or otherwise breaches any applicable laws, regulations or code of practice;
    4. interfering with any other person’s use of or enjoyment of the App and/or Pegepay;
    5. making, transmitting or storing electronic copies of materials protected by intellectual property rights without the permission of the owner; and
    6. using it as a channel for money laundering or any other activities that would be an offence under any existing statute or regulation.
    7. Pegebak may, at any time and without notice, remove any materials, and suspend or terminate your Account or your access to the Pegepay if you engage in any of the prohibited activities.
    8. Pegebak has the right, but not the obligation, to monitor or investigate any materials and your use of the Pegepay at any time for compliance with our terms and conditions. Our determination of whether a violation has occurred will be final and binding, and any action taken with respect to enforcing this compliance, including taking no action at all, will be at our sole discretion.
  3. The App and/or Pegepay may only be used by any individual or entity to set up an online store, sell products and services and collect payments.
  4. You further agree:
    1. not to reverse engineer or decompile any parts of the App and/or Pegepay; and
    2. not to post any content or material that facilitates, promotes or endorses scams, false or misleading information or illegal activities such as but not limited to making, selling or buying illegal weapons, narcotics and any violation of privacy.

8. Violations of network security may result in civil and/or criminal liability. All such occurrences will be investigated and cooperation will be given to all law enforcement agencies.

9. If at any time during the use of the App and/or Pegepay, you either intentionally or negligently or by way of omission mislead or misrepresent any fact pertaining to the nature of your business or product, your Account will be terminated without notice.

10. CREDIT ACCOUNT

  1. You shall be responsible for all your transactions and for keeping track of your Credit account.
  2. Pegebak Pte. Ltd. shall not be liable for any costs, loss or damages or any consequential loss whatsoever as a result of the usage of the Credit Account.
  3. You shall be responsible for checking and verifying all transactions including, without limitation, the amount. Pegebak Pte. Ltd. will not entertain any request to reverse a wrongful entry as a result of negligence or error. Refunds will also not be provided in such cases.
  4. Pegebak Pte. Ltd. gives no warranties or assurances as to the availability, accessibility, timeliness and uninterrupted use of service of the Credit account.
  5. Pegebak Pte. Ltd. will use reasonable endeavours to ensure that the Credit account is secure and cannot be accessed by unauthorized 3rd parties but does not warrant the security or confidentiality of any information transmitted.
  6. Free Credits issued by Pegepay are not exchangeable for cash.
  7. Pegebak reserves the right to terminate the issue of free Credits for any reason, without notice at any time.
  8. Top-ups and Available Balance in Credit account are non-refundable. Pegepay credits have no expiry date.

11. SERVICE FEE

  1. Pegebak reserves the right to impose/change/remove service fee charges for any of its service offerings in Pegepay for any reason, without notice at any time.

12. TRANSACTION PAYMENT

  1. Pegepay facilitates your transaction payment only to the extent of generating a dynamic payment QR code image for your specific transaction payment using your QR code settings provided in Pegepay. Actual payment funds transfer is from the buyer’s bank account/e-wallet to your bank account/e-wallet linked to the payment QR code.
  2. You shall be responsible for checking and verifying the correctness of your QR code settings inputs. Under no circumstances will Pegebak be held responsible or liable in any way for any claims, damages, losses, expenses, costs or liabilities whatsoever (including, without limitation, any direct or indirect damages for loss of profits, business interruption or loss of information) resulting from your wrongful entry as a result of negligence or error.

13. CUSTOMER SERVICE

  1. If you need assistance with your account, you may find answers and support on our support knowledge base. You can also reach us with customer service questions at support@pegepay.com.
  2. Pegebak only provides best efforts service response to customer service queries and issues.

14. TERMINATION

  1. Your account will be suspended or cancelled immediately without notice at our discretion if you breach any of the T&C.

15. LIABILITY

  1. In the event of any dispute between any persons or entities utilizing the App and/or Pegepay, such dispute shall be governed by the respective Agreements entered into by the respective parties with each other.
  2. You agree that irrespective of whatever factual scenario that may arise, you have no cause of action against Pegebak Pte. Ltd. Notwithstanding, in the event of a dispute, cooperation will be extended to both parties where permitted by law, in the absence of any conflict of interest and entirely within its discretion.
  3. Pegebak Pte. Ltd. does not screen or censor any listings nor become involved in any actual transaction.
  4. All rights are reserved to remove any content from the App and/or Pegepay from time to time.
  5. Take note that there are risks, including but not limited to, the risk of physical harm, of dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with others with whom you come in contact through the App and/or Pegepay. We expect you to act prudently and with caution and common sense when using the App and/or Pegepay.
  6. You acknowledge and agree that no editorial control is exercised over any postings/content or listings.
  7. As a convenience, the App and/or Pegepay may include links to other websites or material. This should not in any way be construed as an endorsement or a representation that any formal relationship exists, whether contractual or otherwise.

16. INDEMNITY

  1. You agree to defend, indemnify and hold Pegebak Pte. Ltd. and its subsidiaries and affiliates, harmless from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees.
  2. At no point does Pegebak Pte. Ltd. and its subsidiaries and its affiliates have any contact with the packages/items delivered. Neither does Pegebak Pte. Ltd. have any knowledge of the contents of the packages.

17. APPLICABLE LAW

  1. The T&C is subject to the laws of Singapore. You hereby submit to the exclusive jurisdiction of the Singapore Court.

18. WAIVER

  1. Any failure to exercise any particular right or provision of the T&C, shall not constitute a waiver of such right or provision unless acknowledged and agreed in writing.

19. SEVERABILITY

  1. If anything in the T&C shall be found by any court to be invalid or unenforceable, the invalidity or unenforceability of such shall not affect the remaining terms and conditions.

20. ACCURACY

  1. The App and/or Pegepay may contain inadvertent inaccuracies or typographical errors. These will be corrected as and when found.

21. PRIVACY POLICY

  1. The usage of the App and/or Pegepay is further governed by a Privacy Policy. Kindly refer to the Privacy Policy which states, among other things, that you consent to your particulars such as your contact details and the location of Delivery Points to be accessible, available and shared at all times, at the discretion of Pegebak Pte. Ltd.