NESTIA TERMS OF USE

The following are terms and conditions of a legal agreement between you ("you" or "your") and Nestia Pte. Ltd. ("we", “us”, “our” or "Nestia").

1. ACCEPTANCE OF TERMS OF USE

1.1. By using and accessing our websites and/or mobile applications (collectively, our “Platform”), you agree to follow and be bound by the following terms and conditions (“Terms of Use”). If you do not agree to these Terms of Use, you must not use our Platform.

1.2. We may amend these Terms of Use at any time without notice to you. The revised Terms of Use will take effect when posted. You agree to review the revised Terms of Use so that you are aware of any changes or modifications. Your continuous use of our Platform will constitute your acceptance and agreement to the revised Terms of Use.

2. USING OUR PLATFORM

2.1. You must satisfy the following conditions to use our Platform and/or to register for an account on our Platform (“Account”) with us:

  1. if you are using our Platform on behalf of another party, you must have authority to bind such party and accept these Terms of Use on their behalf; and

  2. if you are an individual using our Platform for your own purposes, you must be at least 18 years of age and capable under applicable law to accept these Terms of Use.

2.2. We grant you a personal, revocable, non-exclusive, non-transferable, limited right and license to use our Platform, subject to your compliance with these Terms of Use.

2.3. We reserve the right to change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of our Platform at any time with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our Platform or any portion thereof.

2.4. Our Platform and its functionalities are provided for your personal use. In using our Platform, you shall not:

  1. if you have an Account, transfer or share your Account or password with anyone;

  2. copy, sublicence, sell, resell, publish, distribute, transmit, broadcast, circulate or otherwise exploit, transfer or make available our Platform and Intellectual Property (defined below) to any other third party, including posting material found on our Platform to other websites, forums, newsgroups, or mailing lists;

  3. modify, edit, copy, reproduce, create, attempt derive the source code of, decrypt, interfere with, disrupt the integrity or the performance of, or make derivative works based upon our Platform;

  4. reverse engineer or access our Platform in order to: (i) design or build a competitive product or service; (ii) design or build a product using similar ideas, features, functions or graphics of our Platform; or (iii) copy any ideas, features, functions or graphics of our Platform;

  5. delete, alter or obscure the copyright and other proprietary rights notices on our Platform;

  6. violate any applicable laws, rules or regulations in connection with your access or use of our Platform;

  7. cause nuisance, annoyance, inconvenience or property damage to our users or any other party;

  8. use our Platform for any purpose for which it was not designed or intended;

  9. launch an automated program, script, malicious program or any program which may make multiple server requests per second, or scrape, unduly burden or hinder the operation and/or performance of our Platform; or

  10. authorize or encourage any third party to do any of the foregoing.

2.5. You grant to us a non-exclusive, non-transferable, revocable, royalty-free, worldwide licence to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute any content which you upload to, transmit via, share, post, publish, or otherwise make available ("Share") on our Platform, in any and all media or distribution methods, for the operation of our Platform and in all our advertising and promotional activities and materials for our Platform. You represent and warrant that the content that you have provided to us are true, accurate, complete, and current and you undertake that:

2.6. You represent and warrant that the content that you have provided to us are true, accurate, complete, and current and you undertake that:

  1. you have the right to Share your content on our Platform and you have the right to grant to Nestia the said licenses and rights;

  2. none of such content violates or infringes another party’s intellectual property or privacy rights; and

  3. you will maintain and promptly update your content and ensure that such content is kept true, accurate, complete, and current.

2.7. We have the right, in our absolute discretion and without notice to you, to suspend or terminate your Account, or delete any content that you have provided on our Platform, without assigning any reason.

3. THIRD PARTY PRODUCTS

3.1. We make available certain third party platforms, products and/or services (collectively, the "Third Party Products") on our Platform, such as the digital wallet and remittance service functions. The Third Party Products may be accessed and used on our Platform or through a link on our Platform that brings you to an external platform or website for the Third Party Product.

3.2. You acknowledge that your access and use of such Third Party Products will be subject to terms and conditions of the provider of the Third Party Product ("Third Party Terms") in addition to these Terms of Use. If the Third Party Product is accessible on our Platform, the Third Party Terms will be made available on our Platform for your viewing. If the Third Party Product is accessible via a link on our Platform that brings you to an external platform or website, then the Third Party Terms will only be available on those external platforms or websites.

3.3. You must read the Third Party Terms before using the Third Party Products. In using the Third Party Products, you are taken to have read and you agree to be bound by the Third Party Terms. The Third Party Terms may be updated from time to time and you are deemed to have read and agreed to any such changes through your continued use of the relevant Third Party Product.

3.4. You acknowledge that we are not the provider of these Third Party Products. You further acknowledge that we are not responsible for the Third Party Products nor are we liable for your use of the Third Party Products. While we will use reasonable endeavours to assist in should you encounter any issues with a Third Party Product, you are responsible for resolving such issues directly with the provider of the Third Party Product.

4. TRANSACTIONS

4.1. The following applies only to products, services and property which are offered/sold by Nestia (if any) on our Platform:

  1. while we endeavour to provide accurate descriptions of products, services or properties sold by Nestia (if any) on our Platform, we do not warrant that such descriptions are accurate, current or free from error;

  2. all listing prices are subject to taxes, unless stated otherwise. We reserve the right to amend the listing prices at any time without giving any reason or prior notice;

  3. Nestia shall be entitled to cancel or terminate our obligations to fulfill any order, for any reason whatsoever, even after an order is confirmed by, and paid for by you, with or without notice. Nestia shall not be liable to any party for such termination or cancellation; and

  4. Nestia is not under any obligation to entertain any cancellation request once an order is confirmed by, and paid by you. Unless otherwise stated, all sales are non-exchangeable and non-refundable.

4.2. You are responsible for all transactions made through your Account, whether without or without your authority, knowledge or consent, and you may not claim against us in connection with any such use or purported use of your Account for any transaction.

4.3. You acknowledge that parties other that Nestia may list, provide and/or sell products, services or property on our Platform. Whether a particular product, service or property is listed on our Platform by Nestia or a third party vendor may or may not be stated on our Platform. For the avoidance of doubt, you acknowledge and agree that your purchase of any products, services or property via our Platform from a third party vendor and/or any application which you make via our Platform for credit card services offered by a third party vendor, creates a direct relationship between you and that third party vendor. In this respect, we are not responsible or liable for the actions or inactions of a third party vendor in relation to you and vice versa, or for any products, services or property which you purchase from such third party vendors and/or the credit card services which you have applied to obtain from such third party vendors. You will resolve any dispute directly with such third party vendors. If the dispute is notified to us, we will attempt in good faith to facilitate resolution of the dispute but we are under no obligation to resolve the same.

5. CASHBACK

5.1. Our Platform offers the opportunity to earn cashback on purchases made at our merchant partners that are linked on our Platform (the "Cashback Function"). You will need to have an Account with us before you can make use of the Cashback Function. In addition to these Terms of Use, the earning of cashback through the Cashback Function is subject to

  1. certain other terms, conditions and requirements that will be notified to you on our Platform's landing page for each merchant partner (for instance, cashback not being available on purchasing items with promotional codes, etc.); and

  2. the terms and conditions and privacy policies of our merchant partners who operate independently and are not within our control.

5.2. You acknowledge that some purchases made at our merchant partners (such as shipping and handling) are excluded from and do not qualify for cashback. These exclusions and the amount of cashback are subject to change without notice. We disclaim liability for any inaccurate information or failure to include information on the exclusions or the amount of cashback.

5.3. You acknowledge that we operate independently of our merchant partners and that we are not agents of these merchant partners. Your purchase from a merchant partner and your participation

5.4. The cashback in your Account may be redeemed subject to these Terms of Use and the specific conditions that relate to the individual cashback entries in your Account. We may require certain information from you, such as a valid bank account number, to process the redemption of your cashback. You are responsible for any taxes that apply to the cashback amounts that you redeem.

5.5. We reserve the right to make top-ups and/or deductions from the cashback balance in your Account where necessary or expedient to do so, such as when the cashback was incorrectly credited to your Account.

5.6. You do not have any proprietary right over the monies or assets of Nestia when you earn cashback in your Account. The cashback that accrues in your Account does not constitute monies that are held by Nestia for your benefit. You rights and entitlements in respect of any cashback in your account are solely limited to such personal or contract rights of repayment as may arise under these Terms of Use.

6. PAYMENTS

6.1. You may make payments on our Platform using any of the following payment methods:

  1. Major credit cards and debit cards (such as Visa, MasterCard, and UnionPay).

  2. WeChat pay, Alipay.

  3. Any other payment method which we make available on our Platform from time to time.

6.2. The availability of the payment methods may vary depending on the country where your payment account is located. We will display the available payment methods to you on the checkout page before you confirm your purchase or order on our Platform. We reserve the right to discontinue or suspend any payment method on our Platform without giving notice to you.

6.3. Your payment will only be processed upon confirmation of your purchase, order and/or application (“Purchase”) by us or the relevant third party vendor. If you are making payment to a third party vendor, you acknowledge that we are authorised to collect such payment on behalf of the third party vendor.

6.4. If you fail to make payment or if your payment is unsuccessful for any reason, we have the right to suspend your Purchase until payment is made or to cancel your Purchase altogether. We will notify you of any such suspension or cancellation of your Purchase.

6.5. We use third-party payment processors (“Payment Processors”) to facilitate payments on our Platform. The processing of payments will be subject to the terms & conditions and privacy policy of the Payment Processor in addition to these Terms of Use, and you agree that you are subject to such terms & conditions and privacy policy. While we will use all reasonable endeavours to secure the transmission of information to the Payment Processors, we are not responsible for any errors by the Payment Processor. You shall settle any claim against or dispute with any Payment Processor directly with the Payment Processor and not with us.

6.6. Any refund of payment for a Purchase will be made through the payment method used for the payment. In making such refund, we shall have the right to deduct or withhold from the amount to be refunded to you any fees and costs due to us and/or the Payment Processor.

7. OUR INTELLECTUAL PROPERTY

You acknowledge and agree that our Platform and all copyright, patents, trade marks, trade names, trade secrets, computer software (including source codes), proprietary materials and all other intellectual property (“Intellectual Property”) rights associated therewith belong to us and/or our licensors. You are not granted any rights in and to our Platform or Intellectual Property not expressly granted in these Terms and such rights are hereby reserved and retained by us.

8. DISCLAIMER OF WARRANTIES

8.1. Your use of our Platform is at your sole risk. All conditions, representations and warranties, whether express, implied, statutory or otherwise are excluded and disclaimed to the fullest extent permitted by law. We make no warranties of any kind, whether express or implied that:

  1. our Platform will be uninterrupted, timely, secure and error-free or operate in combination with any other hardware, software, system or data;

  2. any results that are obtained from the use of our Platform will be accurate, reliable, or appropriate;

  3. the quality of any services, information or other material purchased or obtained by you through our Platform will meet your expectations;

  4. our Platform will meet your requirements or expectations; or

  5. our Platform or our servers are free of viruses or other harmful components.

8.2. We do not monitor or review every posting, communication, review, or any other content made available by you or others on our Platform. We may, at our sole discretion, remove such content. You acknowledge that we are under no obligation to remove or edit any such content. You agree that we are not liable or responsible for any such content.

9. LIMITATION OF LIABILITY

9.1. We shall not be liable to you for any and all damages of any kind, directly or indirectly, arising out of or in relation to using our Platform, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses or any consequential losses.

9.2. Without limiting the generality of the foregoing, our maximum liability for all claims of every kind arising out of these Terms of Use will not exceed SGD 1.00.

9.3. Notwithstanding the above, nothing in these Terms of Use shall apply to exclude or limit any of our liability (in connection with the Platform) for death or personal injury caused by our negligence, or for our fraudulent actions.

10. INDEMNIFICATION

You agree to indemnify, defend and hold us (and our officers, employees, shareholders and representatives) harmless from, and against, any claims, proceedings, losses, expenses, damages and costs, including legal fees, arising out of or in connection with:

  1. your access and use of our Platform;

  2. your use of your Account other than in accordance with these Terms of Use;

  3. your dealings with any third party via our Platform;

  4. your violation of any applicable law;

  5. your negligence or wilful misconduct; and / or

  6. your violation of the rights of a third party, including the infringement by you of any intellectual property or proprietary rights of any third party.

11. PRIVACY POLICY

Our Privacy Policy explains how we treat personal data which you provide in your use of our Platform. Our Privacy Policy is deemed incorporated into these Terms of Use by reference in this Clause. By using our Platform, you agree that we may collect, use, process and disclose such personal data in accordance with our Privacy Policy.

12. GENERAL

12.1. If any of these Terms of Use is found to be unlawful, void, or unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.

12.2. Our failure to exercise a right or require performance of an obligation in these Terms of Use shall not affect our ability to exercise such right or require such performance at any time thereafter.

12.3. You shall not transfer, assign or delegate any of your rights or obligations in these Terms of Use without our prior written consent. You agree that we may transfer, assign and/or delegate any or all of our rights and obligations in these Terms of Use without consent to any affiliate or to an acquirer of all or substantially all of our business, equity or assets.

12.4. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore.

Last Modified: March 17, 2021

ALETA PLANET MES TERMS AND CONDITIONS OF USE

1. Definitions

1.1. In these Terms and Conditions, references to "we", "us", "our" and "Aleta Planet MES" are to Aleta Planet MES Pte Ltd and references to "you", "your" or "Customer" means the customer of the Aleta Planet MES using the ALETA PLANET MES.

1.2. "ALETA PLANET MES" or "Facility" means MoneyExpress, the money transfer facility made available by the Aleta Planet MES to the Customer in accordance with these terms and conditions.

1.3. "Recipient Card" means all cards bearing service mark of UnionPay and issued by any financial institution supporting MoneyExpress.

1.4. Remittance into a UnionPay card issued in Mainland China is subject to an annual foreign exchange conversion quota which is set for conversion between non-RMB currencies into RMB.

1.5. The quota per annum is US$50,000 or its equivalent. Further, subject to the restrictions set by the local regulator, the maximum amount you may transfer in a day shall not exceed US$10,000 or its equivalent.

2. The Aleta Planet MES and UnionPay International (or such other relevant party) (collectively, the "Relevant Party") shall effect the transfer of such sum to the Recipient Card in accordance with the information and/or instructions provided by you, in the currency of the Recipient Card converted from the Singapore currency or USD (as the case may be) at such prevailing exchange rate on such date as the Aleta Planet MES or the Relevant Party may determine at its discretion.

3. You shall ensure that all information and/or instructions provided by you to the Aleta Planet MES for the purposes of effecting any transfer under the Facility is complete, true and accurate. You further agree to provide any further information that the Aleta Planet MES may require from you.

4. The Aleta Planet MES may act upon, rely on or hold you solely responsible and liable for all instructions transmitted to the Aleta Planet MES (whether actually provided by you or not) and the Aleta Planet MES shall not be under any obligation to investigate the authenticity or authority of persons effecting the instructions or verify the accuracy and completeness of the information. You agree that the Aleta Planet MES may treat the information as valid notwithstanding any error, fraud, forgery, lack of clarity or misunderstanding in the terms of such information and/or instructions.

5. Whilst the Aleta Planet MES endeavours to effect the transfer on receipt of your instructions, you agree that the instructions may not be processed immediately due to:

  1. instructions being inaccurate, inadequate or incomplete in any way; or

  2. any failure, refusal, delay, error or any limits to operation by any third party through whom any such instruction is transacted.

6. Where the Aleta Planet MES chooses to act on an instruction, the Aleta Planet MES acts on a commercially reasonable effort basis and are not responsible for any acts and omissions while acting in a reasonable manner in complying with/acting upon the instructions.

7. You acknowledge and agree that the Aleta Planet MES may:

  1. without stating reasons, require that you identify yourself by alternative means;

  2. require any instruction to be confirmed through alternative means (including but not limited to writing in person at a branch, by facsimile or by phone);

  3. reject any instruction for a funds transfer under the Facility or approve only part of the amount requested for transfer under the Facility without assigning any reason;

  4. decline to act on the instruction in order to verify the authenticity of the instruction;

  5. decline to act on the instruction where the instruction:

    1. is ambiguous, incomplete or inconsistent with your other instructions, information and/or data; or

    2. may have lapsed or is rendered invalid by the Aleta Planet MES and/or UnionPay International (or such other relevant party).

8. The Aleta Planet MES shall not be liable to you in any way for any loss, cost, claims, expense or damage incurred by us whatsoever or howsoever caused, whether arising directly or indirectly, in connection with the Facility (including but not limited to conversion of currencies not undertaken by the Aleta Planet MES, the delay or failure in transmission of instruction by the Aleta Planet MES, delay or failure of transmission of instructions by UnionPay International or any other entity involved in the process of the funds transfer or due to any government order, court order, law, levy, tax or exchange restrictions).

9. The Aleta Planet MES does not warrant the security of any information sent or transmitted to it whether electronically or otherwise and you accept the risk that any information sent or transmitted to the Aleta Planet MES may be accessed by unauthorized third parties.

10. The Aleta Planet MES shall not be liable for any unauthorized transactions and you agree to fully indemnify and hold the Aleta Planet MES harmless against any action, suit or proceedings initiated against it and for any loss, cost (including legal costs on a full indemnity basis) or damage incurred by us as a result thereof or arising from us acting on your instruction to effect the transfer.

11. The Aleta Planet MES may vary these Terms and Conditions, such variation to take effect on the date specified by us. If you use the Facility after such date you are deemed to have accepted such variation.

12. You consent to the Aleta Planet MES, its agents and other persons (who by reason of their scope of work, capacity or office have access to your account and/or personal details) disclosing any information relating to you and any particulars of your accounts to:

  1. any person or organization participating in the provision of electronic services or such services in connection with the Facility;

  2. any person or organization we outsource certain functions or activities;

  3. the police or any public officer purporting to conduct an investigation;

  4. UnionPay International and such other UnionPay entity;

  5. any other financial institution or credit agency for the purposes of verifying the information provided by you;

  6. any person or organization in connection with the marketing or promotion of the Facility and/or such person or organization for the purposes of investigating any compliant or dealing with any query relating to the marketing or promotion of the Facility;

  7. any person or organization in compliance with an order, notice or request of any government agency or authority or court of law;

  8. any person or organization for the purpose of collecting and recovering for and on the Aleta Planet MES's behalf any sums of money owing to us from you;

  9. any related corporation of the Aleta Planet MES for risk management purposes for monitoring credit exposures across the ALETA PLANET MES or the credit exposure of any ALETA PLANET MES related company to you and for cross- selling purposes. "Risk management purposes" includes any conflict clearance exercise;

  10. any regulatory body, government agency and/or statutory board;

  11. any merchant;

  12. any subsidiary and/or any related company or associated company of the Aleta Planet MES in any jurisdiction, such as Aleta Planet Pte Ltd and AletaCard SG Pte Ltd;

  13. any Recipient Card main or supplementary cardholder; and

  14. any person or organisation where the Aleta Planet MES in good faith deems it reasonable to make such disclosure.

13. ALETA PLANET MES's rights under these Terms and Conditions shall be in addition and without prejudice to other rights of disclosures available pursuant to the Payment Services Act 2019 of Singapore, subsidiary legislation, notices and guidelines (as may be amended and substituted from time to time) or any other statutory provision and in law and nothing herein is to be construed as limiting any of these other rights.

14. All personal data (as defined by the Personal Data Protection Act 2012 (“PDPA”)) provided by the Customer or otherwise collected by ALETA PLANET MES from any other sources or in the course of the Customer's relationship with ALETA PLANET MES or any of ALETA PLANET MES's affiliates and related entities will be treated in compliance with the PDPA. You hereby consent to the collection, processing, use and disclosure of personal data in accordance therewith. You further agree that we may use your personal data for customer due diligence purposes for services provided by AletaCard SG Pte Ltd and Aleta Planet Pte Ltd, in the event that you apply for or use their services. Where applicable, if you attend any publicity event(s) organised by us or our related entities, you consent to any use of photography, video and audio recordings involving you at the event(s) on any website, publicity materials, social media or any other medium.

15. A person who is not a party to these Terms and Conditions may not enforce its terms under the Contracts (Rights of Third Parties) Act (Chapter 53B) (as may be amended and substituted from time to time). Notwithstanding any term in these Terms and Conditions, the consent of any third party is not required to vary (including the release or compromise of any liability) or terminate any of these Terms and Conditions.

16. These Terms and Conditions are governed by and construed in accordance with the laws of the Singapore and you irrevocably submit to the exclusive jurisdiction of the Singapore Courts.

Last Modified: March 17, 2021

Aleta Planet-Nestia Virtual Account Terms of Use

The Aleta Planet-Nestia Virtual Account is a co-brand account with terms of use governed by Aleta Planet VBA Pte Ltd.

These terms and conditions apply to your Aleta Planet-Nestia Virtual Account (hereinafter “Account”). You must read them carefully.

In these terms and conditions "you" means the named Account holder and the authorised user of Account.

"We", "us" or "our" means Aleta Planet VBA Pte Ltd.

1. YOUR ACCOUNT

1.1. You can use your Account at any location worldwide that displays the UnionPay® Acceptance Mark, including shops, restaurants or on the internet. Before using your Account, it is your responsibility to ensure that there are sufficient funds in your Account to utilise for your purchases. You will not be able to use your Account if it has insufficient balance for the transaction.

1.2. Your Account is not a credit card and is not in any way connected to your bank account. You will not earn any interest on any funds loaded on your Account.

2. APPLYING FOR AND ACTIVATING YOUR ACCOUNT

2.1. To apply for our Account you must be at least 18 years old. We will require evidence of your identity and your address from time to time. We may ask you to provide some documentary evidence to prove this and/or we may carry out checks on you electronically.

2.2. By using your Account you are agreeing to these terms and conditions.

3. LOADING YOUR ACCOUNT (“VIRTUAL ACCOUNT LIMITS”)

For a personal account user residing in Singapore, the maximum daily amount in your Account is SGD 5,000 and the maximum yearly transaction spend limit is SGD 30,000. For commercial accounts, the limits are subject to your company’s discretion. We reserve the right to decline any particular loading transaction if the said transaction does not meet our due diligence requirements. Upon receipt and clearance, your funds will be available for use on your Account immediately.

4. USING YOUR ACCOUNT

4.1. We will deduct the value of your transactions from the balance on your Account as soon as they are made. We will also deduct any applicable fees as soon as they become payable by you, see our Fees section below for details of our fees. The Account shall remain as a property of Aleta Planet VBA Pte. Ltd.

4.2. For fraud monitoring purposes, your account usage may be queried, and we may block any further usage. In such circumstances, you can simply contact our customer support team contact@nestia.com, to request to have your account reinstated.

4.3. We may at any time, suspend, restrict or cancel your Account or refuse to issue, or replace your Account to you including but not limited to the following reasons:

  1. We have reason to be concerned about the security of your Account or Account(s) we have issued to you;

  2. We have reason to suspect your account is being used in an unauthorised or fraudulent manner;

  3. Or we need to do so to be compliant with the relevant regulatory.

4.4. In the event that we need to suspend, restrict, or cancel the usage of your Account, we shall inform you as soon as possible, or when we are permitted to do so if there is any regulatory enforcement action taken against the use of your Account.

4.5. Like other payment cards, we cannot guarantee that every retailer will accept your Account.

4.6. We also reserve the rights to refuse/ withhold the funds payable to the merchant including but not limited to the following reasons:

  1. If we suspect that your Account is being used in an unauthorised or fraudulent manner;

  2. If there are insufficient funds loaded on your Account at the time of a transaction to cover the amount of the transaction and any applicable fee;

  3. If there is an overdue outstanding amount owed to us on the Account in accordance with the Fees and Charges Guide;

  4. If we have reasonable grounds to suspect that you are acting in breach of this agreement;

  5. If we are required by regulatory authorities to do so.

  6. If certain transactions are suspicious; or

  7. Because of errors, failures (whether mechanical or otherwise) or refusals by merchants, payment processors or payment schemes processing transactions.

4.7. In the event of an unsuccessful transaction due to inaccurate information, we will inform you accordingly. Where such inaccuracy results in an unsuccessful transaction, you may amend, edit, update any information you have provided to us, by contacting us at contact@nestia.com.

5. AUTHORISING TRANSACTIONS

5.1. Subject to the features of the particular Nestia Account, the authorisation of a transaction may include authorising any transaction, a series or recurring transactions (including transactions for an indefinite period) or pre-authorising future transactions.

5.2. An Account transaction will be regarded as authorised by you where you perform the actions such as:

  1. Key in your details onto a merchant’s website;

  2. Provide your Account details and / or providing any other details;

  3. Provide the security code of your Account.

5.3. Authorisation for a transaction may not be withdrawn or revoked by you after it is received.

5.4. We will pay the funds required by the retailer or merchant to cover the transactions authorised by you within 3 working days of us receiving their request. A transaction (the payment order) will be received as follows:

  1. for purchases at the time we receive the transaction instruction from the merchant acquirer;

  2. for other transactions which are communicated directly to us, at the time you ask us to complete the transaction.

5.5. Any pre-authorised transaction on an account that has been replaced and has yet to be completed will automatically be cancelled. You will have to ensure that sufficient funds are available and to inform the retailer or merchant to perform the pre-authorisation transaction again on the replacement account.

5.6. Authorisation will be requested for all transactions at the time of each transaction. In the unlikely event, for any reason whatsoever, a transaction is completed when there are insufficient funds on the Account for that transaction ("Shortfall"), the Shortfall shall be reimbursed by you unless it is due to an error on the part of the retailer where the Account was presented, in this circumstance we may seek the Shortfall from the retailer/merchant.

5.7. You agree that once this Shortfall is made known to you, we may charge you for the Shortfall amount. We may deduct the amount of the shortfall from any other Account(s) that you hold with us. Until we are reimbursed the Shortfall, we may suspend your Account(s). In addition, we reserve the right to charge you an administration fee for each transaction that you make using your Account that results in a Shortfall or increases the Shortfall amount on your Account.

6. CANCELLATION OF YOUR ACCOUNT

6.1. You may cancel your Account by way of the “contact us” function on the Nestia App.

6.2. If you cancel your Account, once all transactions and fees have been deducted, we will arrange for any unused funds to be refunded to you, see "Your Right to a Refund" section below for further information. A Refund Fee may be charged (see Fees and Charges Guide) unless you have arranged to transfer any unused funds to another Virtual Account/ products/ account managed by us, or you cancel your Account within 14 days of receiving it.

6.3. On expiry of your Account, you may choose to renew your account automatically or allow it to expire. If you do not wish to renew your account, you may contact us to request the balance funds on your Account.

6.4. When we issue a renewal Account we may charge a fee. Please see the Fees and Charges Guide.

6.5. We may terminate your account by for reasons such as but not limited to the following:

  1. if this agreement or your account expires on a set date and we have not agreed on renewal;

  2. if there is any breach on the terms and conditions of this agreement, or if you repeatedly breach the agreement and fail to resolve the matter in a timely manner;

  3. if you act in a manner that is threatening or abusive to our staff, or any of our representatives;

  4. if you fail to pay the fees or charges you have incurred, or fail to put right any shortfall; and/ or

  5. in the event of your demise.

6.6. We may also cancel or suspend your account immediately if we suspect that your Account is deliberately being used to commit fraud or other illegal purposes. In the event where we cancel or suspend your account, we will inform you as soon as practicable. The balance in your Account may then be withheld until any investigation is concluded. If your Account is cancelled, we will immediately block your Account for security reasons. You will not be entitled to a refund of money you have already spent on transactions authorised, or pending or any fees for use of the Account before your Account is cancelled or expired.

7. KEEPING YOUR ACCOUNT SECURE

7.1. You should keep your Account secure and not let anyone else use it. If the details are lost or stolen or used in an unauthorised manner, you may lose some or all of your money on your Account. If you suspect that someone else knows the details of your Account, you should request for a replacement account immediately via the mobile application or our secured website.

8. LOST OR STOLEN ACCOUNT AND UNAUTHORISED PAYMENTS

8.1. You must inform us immediately by freezing your account Nestia App, if you know or suspect that your Account details are exposed to an unauthorised person or if you think a transaction has been improperly executed.

8.2. If the account number, PIN or mobile application is used by an unauthorised person, lost or stolen, your liability is limited to S$100 only if:

  1. you have immediately notified us of the loss, theft or unauthorised disclosure;

  2. you assist us in the recovery of the unauthorised charges incurred;

  3. you furnish us with a police report accompanied by written confirmation of the loss, theft or unauthorised disclosure and any other information that we may require; and

  4. we are satisfied that such loss, theft or unauthorised disclosure is not due to your negligence or error.

You shall not be liable for any transactions carried out after we have been notified of the loss, theft or disclosure.

9. OUR LIABILITY

9.1. We will not be liable for any loss arising from:

  1. any cause which results from abnormal or unforeseen circumstances beyond our control, consequences which would have been unavoidable despite our efforts to the contrary; or

  2. a retailer refusing to accept your Account; or

  3. our compliance with legal and regulatory requirements;

  4. loss or corruption of data unless caused by our wilful default.

9.2. We are also not liable for:

  1. business interruption, loss of revenue, goodwill, opportunity or anticipated savings;

  2. any indirect or consequential loss.

10. REFUND UPON TERMINATION OF ACCOUNT

10.1. We may change these terms at any time by notifying you by e-mail or other agreed means at least fourteen (14) calendar days before the change is due to take effect. The up-to- date version of the Account terms and conditions will always be available on ourNestia App. The change will automatically take effect and you will be taken to have accepted the notified change unless you inform us in writing that you do not agree to the change. In that event, we will treat that notice as notification that you wish immediately to terminate your Account. In such circumstances we will refund any balance on the account in accordance with the Fees and Charges Guide and you will not be charged a Refund Fee.

10.2. When submitting your refund request, you must ensure that the information you provide is accurate and complete. We will not be responsible for money sent to the wrong recipient as a result of inaccurate information provided by you. If you have provided inaccurate information to us, you may request our assistance in recovering the money sent to the wrong recipient, but we cannot guarantee that such efforts will be successful.

11. THE FEES

11.1. Fees and charges set out in the Fees and Charges Guide, may be varied from time to time.

11.2. For all transactions made in a foreign currency you may view the applicable exchange rate at the time of the transaction on the UnionPay website.

11.3. We may vary the rate or amount of any charge, fee or interest payable under this agreement. Should you continue to keep or use the Account, you shall be considered to have accepted the changes.

12. YOUR DETAILS

You must inform us immediately if you change name, address, phone number or e-mail address. If we contact you in relation to your Account, for example, to notify you that we have cancelled your Account or to send you a refund by cheque, we will use the most recent contact details you have provided to us. Any email to you will be treated as being received as soon as it is sent by us. We will not be liable to you if your contact details have changed and you have failed to update us.

13. DATA PROTECTION

13.1. In applying for the Account and using it, you agree that we can use your personal information in accordance with our privacy policy. You further agree that we may use your personal information for customer due diligence purposes for services provided by Aleta Planet Pte Ltd and Aleta Planet MES Pte Ltd, in the event that you sign up for such services.

13.2. You understand and agree that we may collect information about how you interact with our services, and utilise such information with our co-brand partners, to develop and enhance our services. We collect transaction details related to your use of our services, including the type of service requested, date and time the service was provided, amount charged and other related transaction details. We may collect information about your mobile device, including for example, the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information and mobile network information.

14. DISPUTES WITH RETAILERS

If you have any dispute about goods or services paid using your Account, you should resolve such dispute with the person you bought the goods or services from. We are not responsible for the quality, safety, legality or any other aspect of any goods or services purchased with your Account. Once you have used your Account to make a purchase, we cannot stop that transaction.

15. COMMUNICATION

f you have an enquiry relating to your Account or if your account is lost or stolen, you may use the "Contact Us" facility on the website or email us at contact@nestia.com.

16. DISCLOSURES

Notice for non-Singapore residents

We provide e-money issuance, which is one of the payment services regulated by the Monetary Authority of Singapore (“MAS”). We comply with the relevant laws and regulatory requirements in Singapore. Please note that this does not mean you will be able to recover all the money you paid to us if Aleta Planet VBA Pte. Ltd’s business fails.

17. ASSIGNMENT

You may not transfer any rights or obligations you may have under this agreement unless Aleta Planet VBA Pte. Ltdhas provided written consent on the assignment. Aleta Planet VBA Pte. Ltdreserves the rights to transfer or any right or obligation under this agreement subject to the approval by MAS and twenty-one (21) calendar days prior notice to the you.

18. GOVERNING LAW

This agreement is concluded in English. All communications with you will be in English. These terms and conditions will be construed in accordance with Singapore law.

19. FUND PROTECTION

As a responsible e-money issuer Aleta Planet VBA Pte. Ltd ensures that once we have received your funds, they are deposited in a secure account with a deposit bank, specifically for the purpose of redeeming transactions made by your Account. In the event that Aleta Planet VBA Pte. Ltdbecomes insolvent, funds that you have loaded which have arrived with and been deposited by Aleta Planet VBA Pte. Ltd are protected against the claims made by our creditors.

20. ACCOUNT ISSUER

Your Account is issued by Aleta Planet VBA Pte. Ltd, located at 6 Temasek Boulevard, #10-05 Suntec Tower 4, Singapore 038986. Your Account is the property of Aleta Planet VBA Pte. Ltdand is not transferable to anyone else.

Last Modified: March 17, 2021

NESTIA UMBRELLA SERVICE
TERMS & CONDITION

1. Introduction

1.1. These Terms & Conditions together with our Platform’s Terms of Use and Privacy Policy (collectively “Service Terms”) govern your use of the umbrella service (the “Service”) provided by Nestia Pte Ltd (“we”, “us”, “our” or “Nestia”).

1.2. Unless otherwise stated, capitalised terms used in these Terms & Conditions shall have the same meanings assigned to them in our Platform’s Terms of Use and Privacy Policy.

1.3. Please read the Service Terms carefully. By using the Service, you agree that you have read, understand and accepted the Service Terms. If you do not agree to the Service Terms, please do not continue with the use of the Service.

1.4. We reserve the right to modify the Service Terms at any time. Such modifications will be effective from the date on which such modifications are posted by us. Your continued use of the Service after such modification shall constitute your acceptance of such modifications to the Service Terms.

2. Using the Service

2.1. Eligibility: In order to use the Service, you will need to have an Account with us and selected your preferred payment method on our Platform which has been updated with valid payment details. In using the Service, you represent and warrant that you satisfy all the requirements in our Platform’s Terms of Use to register for an Account and to use our Platform.

2.2. Network Access and Devices: You are responsible for obtaining network access and compatible devices necessary to use the Service. You acknowledge that the Service may be subject to malfunction and delays inherent in the use of the internet and electronic communications which are beyond our control.

2.3. Accessing the Umbrellas: You may again access to the umbrellas made available through the Service (each an “Umbrella”) by logging into your Account and unlocking the Umbrella from our Service kiosk by following the instructions provided. At the time of unlocking the Umbrella, you may select whether to rent or purchase the Umbrella. If you select to rent the Umbrella, we will collect a deposit from you (“Deposit”) to account for our Charges (as defined below), and the rental period will commence from the time that the Umbrella is unlocked from our Service kiosk.

2.4. Charges: You will be charged for the use of the Service according to our current rates (“Charges”) as published on our Platform. Our Services may be subject to goods and services tax which will be charged to you at the prevailing rate on top of our Charges. If you have selected to rent the Umbrella, you agree that we may deduct our Charges from the Deposit. Subject to Paragraph 2.5 below, the balance of the Deposit will be returned to you upon the return of the Umbrella to our Service kiosk. The refunded amount may take some time to reach you depending on the processing time of your bank or the payment processor.

2.5. Deemed Purchase of Umbrella: If you have selected to rent the Umbrella and you do not return the Umbrella to our Service kiosk before the depletion of your Deposit, you are deemed to have purchased the Umbrella from us for the full amount of the Deposit. In such event, we have the right to retain the full amount of the Deposit which will constitute the purchase price paid by you for the Umbrella.

2.6. Promotions: We may, from time to time, provide certain users of the Service with promotional offers and discounts that may result in different amounts charged for the same or similar services or products that you obtain through the use of the Service, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Service or the Charges applied to you.

2.7. Responsible Usage: Please use our Service kiosks and Umbrellas in a responsible manner that is considerate of other users of the Service. Please contact us at +65 6264 2353 or contact@nestia.com to report any damage of our Service kiosk or any item belonging to us. If we discover that you have wilfully or intentionally damaged / destroyed our Service kiosk or any item belonging to us, a police report may be lodged against you and you will be liable to pay our costs to repair or replace the affected Service kiosk or item. Your liability to pay such costs shall not be construed to negate or otherwise reduce the right or obligation of indemnity described in Paragraph 6 below.

3. Privacy Policy

You agree and consent to our collection, use, processing and disclosure of your personal data in the manner described in our Privacy Policy.

4. Disclaimers

4.1. The Service is provided to you on an “as is” and “as available” basis. You acknowledge and agree that your use the Service (and any Umbrellas, products and/or information made available through the Service) is at your own risk.

4.2. We make no representation, warranty or guarantee as to: (a) the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Service; or (b) the reliability, safety, timeliness, quality, suitability or availability of any Umbrellas, products, information or services made available through the Service. We do not represent or warrant that the Service and/or any products, information or services made available through the Service will meet your requirements or expectations. All conditions, representations and warranties, whether express, implied, statutory or otherwise (including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights) are hereby excluded to the fully extent.

5. Limitation of Liability

5.1. To the fullest extent permitted by law, in no event shall we or our officers, directors, employees, managers, shareholders, agents, representatives, subsidiaries, affiliates, suppliers, licensors and partners be liable to you or any third party for any direct, indirect, punitive, exemplary, incidental, special or consequential damages (whether in contract, tort, or otherwise) arising out of or in connection with your use of our Service (and/or any Umbrellas, products and/or information made available through the Service), including, but not limited to, any loss of use, loss of data, business interruption, loss of income or profits, irrespective of whether it had advance notice of the possibility of any such damages. Our total liability to you arising out of or in connection with the Service shall under no circumstances exceed the total amount paid to us under the Service Terms in relation to the event giving rise to such liability.

5.2. Nothing herein shall limit or exclude a party’s liability for fraud, death or personal injury caused by its negligence, or any other liability to the extent such liability may not be excluded or limited as a matter of law.

6. Indemnity

You agree to indemnify, defend and hold us and our officers, directors, employees, managers, shareholders, agents, representatives, subsidiaries, affiliates, suppliers, licensors and partners, harmless from, and against, any and all claims, demands, losses, liabilities and expenses (including legal fees) arising out of or in connection with: (a) your use of the Service including the products, information or services obtained through your use of the Service; (b) your breach of the Service Terms; (c) your violation of any rights of a third party.

7. Modifications / Discontinuation of the Service

We reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Service or any part thereof, with or without notice. You agree that we will not be liable to you or any third-party for any modification, suspension or discontinuance of the Service or any portion thereof.

8. Suspension / Termination

We reserve the right, at our sole discretion and without liability, to immediately suspend or terminate with or without notice, your Account and/or your use of our Service if you are in breach of the Service Terms.

9. General

9.1. The Service Terms comprise the entire agreement between you and us for the Service and supersedes all prior or contemporaneous agreements (whether written or oral) regarding the Service. If any part of the Service Terms is found to be unlawful, void, or unenforceable, this will not affect the legality, validity and enforceability of any remaining provisions.

9.2. Our failure to exercise a right or require performance of an obligation in the Service Terms shall not affect our ability to exercise such right or require such performance at any time thereafter.

9.3. You shall not transfer, assign or delegate any of your rights or obligations in the Service Terms without our prior written consent. You agree that we may transfer, assign and/or delegate any or all of our rights and obligations in the Service Terms without consent to any affiliate or to an acquirer of all or substantially all of our business, equity or assets.

9.4. The Service Terms shall be governed and construed in accordance with the laws of Singapore. You agree to submit to the exclusive jurisdiction of the courts of Singapore in connection with any dispute arising from the Service Terms and/or your use of the Service.

Last Modified: March 17, 2021

Get paid by taking surveys!

Answer questions and get paid! Sign up for an account with Survey Wall and choose from any of the surveys listed to start earning rewards.

Participation in the surveys are on a first-come, first-served basis, and members can earn up to $1.80 per survey.

This service is a collaboration between Nestia and Survey Wall. By registering as a member of Survey Wall, you agree to and accept all of the terms and conditions set forth below.

If Survey Wall reasonably determines that the member does not comply with the terms and conditions or it is inappropriate to accept an individual as a member, Survey Wall may cancel or terminate the member registration at any time.

1. General rules:

1.1. The objective of these rules ("Member Agreement") is to stipulate the rights and obligations in the relationship between Survey Wall and the member who has been authorised by Survey Wall as a registered online survey respondent ("the member") in accordance with the rules and regulations set by Survey Wall.

1.2. The service is conducted by Survey Wall for the purpose of providing to third parties, such as companies and organisations, with consumer opinions and activities through data collected from the surveys conducted.

1.3. Survey Wall reserves the right to amend or modify this Member Agreement and any rules and regulations contained therein at any time.

1.4. If the member does not agree to the modification of the Member Agreement, the member should not continue to use Survey Wall.

2. Data:

2.1. During the course of membership, information including, but not limited to, personal information and responses to surveys shall be provided by the member to Survey Wall.

2.2. If copyright or any other intellectual property rights subsists in any of the data, to the largest extent permitted by the applicable laws, the member hereby assigns to Survey Wall all such copyright (including the right to reproduce on any media, including print and digital media, and to represent by any means, including electronic communications networks, the data) and other intellectual property rights for the Data to Survey Wall with full title guarantee. The member shall not exercise personal rights related to the said copyright against Survey Wall, Nestia or any third party and to the extent permitted by applicable law shall waive or procure the waiver of all moral rights in the data.

2.3. The member shall not at any time knowingly provide any false data or other information to Survey Wall.

3. Prohibited Acts:

3.1. The member agrees to only use our service for lawful purposes and is prohibited from any act that:

  1. disturbs or disrupts the operations of Survey Wall or Nestia;

  2. results in providing false registration or fraudulent or misleading data to Survey Wall;

  3. results in duplicate membership registrations for and/or by the same person;

  4. results in registration in which an individual falsifies his/her identity;

  5. discloses or divulges the contents of a survey (including confidential business information of the company conducting the research) to a third party without the express written consent of Survey Wall or its clients;

  6. is determined to be inappropriate by Survey Wall.

3.2. Survey Wall reserves the right to take appropriate action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the service.

4. Rewards for Responses:

4.1. As a reward for responding to a survey, Survey Wall may provide the member with a monetary reward. The amount a member can earn varies by survey (which will be stated on the individual survey) and is to be determined solely by Survey Wall.

4.2. The member’s reward will be credited to their cashback account after they complete the survey. This reward will be available in the member’s balance after 60 days. The member can withdraw their balance when the account accumulates any amount above $10.

4.3. Survey Wall also shall not be liable for any transaction failures that are the result of incorrect or inaccurate registered account information or address that is required for providing the reward.

4.3. Survey Wall reserves the right to cancel/forfeit payment if we have reason to believe that data provided by the member is false or inaccurate, or if the Member commits any other prohibited act(s) described above.

5. Personal Data:

5.1. The personal Information that you provide to Survey Wall shall be processed in accordance with the applicable laws and regulations. By being a member and using the service, the member agrees that Survey Wall will manage all personal information provided to Survey Wall, and consents to such collection and management of personal information.

5.2. When responding to a survey on Survey Wall, Survey Wall shall not be liable for any loss or damage caused to the member by the member themselves transmitting personal information to a third-party.

6. Suspension or discontinuation of service:

Survey Wall and may, at their discretion, and at any time, temporarily suspend or permanently discontinue the service without notice to the member. Survey Wall and Nestia assume no responsibility for any loss or damage caused to the member by the suspension and discontinuation of service of Survey Wall.

Last Modified: March 22, 2021