1.1 Marine Online (Singapore) Pte. Ltd. (“MOL”) shall grant each User the Credit for 30 days as a standard term. Products and/ or Services sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendors and User; and for Products and/ or Services sold by MOL, shall be agreements entered into directly and only between MOL and User.
1.2 User is able to use the Credit to make payment to Third Party Vendors and/ or MOL (whichever is applicable) who accepts this Credit, and User shall repay the Credit used within 30 days to MOL from the actual date of order and/or contract (“Payment Day”). The payment methods may be subject to terms as prescribed by MOL from time to time. You hereby acknowledge that MOL is entitled to collect payments from you on behalf of Third Party Vendors. All payments shall be made to MOL’s Platform, subject to Third Party Vendors and/ or MOL’s acceptance of your order and the subsequent definitive contract. In the event the Third Party Vendors accept(s) the credit, it means it agrees to take the credit as payment, subject to User’s (as buyer) full repayment of credit within 30 days to MOL.
1.3 By using the Platform and or the Services or opening an account, you signify your irrevocable acceptance of these terms of Credit. You shall continue to be bound by all your undertakings herein notwithstanding any amendment, extension, renewal, revision or modification of any kind in the term of the Credit.
“User” means an authorised user of the Platform and/or the Services.
“Platform” refers to MOL’s app or a substantially similar electronic transmission system.
“MOL”, “we”, “our”, and “us”, refer to Marine Online (Singapore) Pte. Ltd.
“Payment” means payments made on the MOL platform.
“Third Party Vendor” means a seller which, with our permission, uses the Platform and/or Services to sell Products/ Services to User.
“Chargeback” means a request that a User files directly with his or her debit or credit card company or debit or credit card issuing bank to invalidate a payment.
“Claim” means a challenge to a payment that a User or Third Party Vendors files directly with MOL.
“Reversal” means the reversal of a payment by MOL because (a) it is invalidated by the sender’s bank, (b) it was sent to you in error by MOL, (c) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card), (d) you received the payment for transaction that violated these terms of Credit or any other MOL policy, or (e) MOL decided a Claim against you.
3. APPLICATION AND ACCEPTANCE OF TERMS
3.1 In consideration of MOL granting the Credit, you hereby agree the following:
(a) To comply with any and all the guidelines, notices, operating rules and policies and instruction pertaining to the purchase of Products and/ or Services through the Platform and/or the Services, as wells as any amendments to the aforementioned, issued by MOL from time to time and you are deemed to be aware of and bound by any changes to the foregoing upon our publication on the Platform and/or the Services.
(b) To pay to us on demand any amount drawn under the Credit together with any interest or any late payment charges or any other charges stipulated herein this Agreement, and the subsequent definitive contract.
(c) Any payments due hereunder which are not paid on the date such payments are due under this Agreement shall bear interest at a rate equal to Singapore’s latest prime lending rate as published in The Monetary Authority of Singapore’s official website for the month in which such payments are overdue, plus three percentage points, calculated on the number of days such payment is delinquent, compounded monthly.
(d) To pay any applicable bank charges at any stage of the transaction.
(e) Where the Credit provides for insurance to be effected by ourselves or by any Third Party Vendors we shall be entitled to ensure that the products or other property be covered in the joint names of yourselves and ourselves or to transfer and assign the insurance contract (be it by way of policy or certificate) to ourselves in a manner satisfactory to ourselves and, in the case of the expiry of any insurance, we shall be entitled to renew it or, at our option, to effect a new insurance of the products or other property for your account until such time as we deem necessary.
4. TERM OF USE
4.1 The license for use of this Platform and/ or the Services is effective until terminated. This license will terminate as set forth under these terms of Credit or if you fail to comply with any term or condition of these terms of Credit. In any such event, MOL may effect such termination with or without notice to you.
5. ACCOUNTS AND SECURITY
5.1 You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session, (c) immediately notify MOL of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. MOL will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
5.2 You acknowledge, consent to and agree that MOL may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over MOL or in a good faith belief that such access preservation or disclosure is reasonably necessary.
6. CREDIT LIMIT
6.1 Credit limit referred to in this Credit means the limit of the credit principal balance provided by MOL for User under certain conditions during the valid period of the credit limit.
6.2 Notwithstanding any supporting document that MOL may require User to furnish, MOL shall have the right to amend the credit limit, in each case, at any time and in its sole discretion.
6.3 The validity period of limit under this Credit shall start from the Payment Day. When the validity period of limit expires, the limit shall be automatically terminated and the unused Credit shall be automatically lapsed.
7. CREDIT PURCHASE AND PAYMENT
7.1 MOL’s Platform supports one or more of the following payment methods in each country it operates in:
(i) Credit Card. Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in.
(ii) Bank Transfer. You may make payments through an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to our designated Account.
(iii) Installment Purchase Plan. You agree that (a) in the event that sight drafts required and presented under the Credit will be for our use only, and will not be checked for discrepancies nor be the basis for rejection of the presentation, (b) we, our subsidiaries or affiliates will in our respective sole discretion determine on the basis of the documents presented whether inconsistencies in documents constitute discrepancies warranting rejection or are merely typographical errors and you shall be bound by such determination which you undertake not to challenge.
7.2 We takes no responsibility and assume no liability for any loss or damages to you arising from shipping information and/or payment information entered by you or wrong remittance by you in connection with the payment for the items purchased. We reserve the right to check whether you are duly authorised to use certain payment method, and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
7.3 You may only change the preferred mode of payment for the purchase prior to making payment and you agree that the amount in the Account cannot be redeemed for cash.
7.4 We shall be entitled, at our discretion and without notice to you, to convert at any time into either United States Dollars or Singapore Dollars or any currency has been stated in MOL’s proposal at the prevailing rate of exchange all amounts due hereunder, under the Credit or under drafts or documents negotiated thereunder. Any such action shall be binding on you and you shall be liable for any additional loss damages costs charges and/or expenses incurred by us. Without prejudice to the generality of the foregoing, if there occurs in relation to the Credit or drafts or documents negotiated thereunder, an Extraordinary Event (as defined below under Clause 7.6), we shall have the sole discretion and without notice to you, to effect payment under the Credit or under drafts or documents negotiated thereunder in any alternative currency at such rate of exchange as we may determine in our discretion.
7.5 Without prejudice to the provisions hereunder, your rights under law or otherwise, to hold us free from any liability or responsibility whatsoever for any loss damages costs charges and/or expenses arising out of or in relation to the occurrence of an Extraordinary Event (as defined below under Clause 7.6).
7.6. For the purpose of Clause 7.4 and Clause 7.5, an “Extraordinary Event” shall mean any event which we believe to have a material adverse effect, including any form of exchange control restriction or requirement of whatsoever nature affecting the availability, convertibility, credit or transfers of currencies or funds, any form of debt or other moratorium on jurisdictions, individuals or entities, any devaluation, redenomination or demonetization and/or any form of restriction or requirement which in our good faith opinion adversely alters or changes the rights or obligations which we undertook upon establishment of the Credit or under drafts or documents negotiated thereunder.
7.7 We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason. You agree to hold us harmless and not claim against MOL for any failure, disruption or error in connection with your chosen payment method.
8. CANCELLATION AND TERMINATION
8.1 If the User fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to MOL whether as provider of Platform or Services (whichever is applicable), MOL shall be entitled to cancel the order or suspend delivery of the products until payment is made in full.
9. FRAUDULENT OR SUSPICIOUS TRANSACTION
9.1 If MOL, in its sole discretion, believes that you may have engaged in any potentially fraudulent or suspicious activity and/or transactions, we may take various actions to protect MOL, other User or Third Party Vendors, or other third parties, or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following: (a) We may close, suspend, or limit your access to your Account or the Services, and/or suspend the processing of any transaction; (b) We may suspend your eligibility for this Credit; (c) We may hold, apply or transfer the funds in your Account as required by judgments and orders which affect you or your Account, including judgments and orders issued by courts in Singapore or elsewhere and directed to MOL; (d) We may refuse to provide the Platform and/ or the Services to you; (e) We may hold your funds for a period of time reasonably needed to protect against the risk of liability to MOL or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.
10.1 You agree to indemnify, defend and hold harmless MOL, and its shareholders, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, and employees (collectively, the “Indemnified Parties”) from and against any and all claims, actions, proceedings, and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, any other dispute resolution expenses) incurred by any Indemnified Party arising out of or relating to: (a) any transaction made on the Platform and/ or the Services, or any dispute in relation to such transaction (except where MOL or its Affiliates is the Seller in the transaction that the dispute relates to), (b) this application and the Credit, (c) the hosting, operation, management and/or administration of Platform and/ or the Services by or on behalf of MOL, (d) your violation or breach of any term of Credit or any policy or guidelines referenced herein, (e) your use or misuse of the Platform and/ or the Services, or (f) your breach of any law or any rights of a third party.
11. GOVERNING LAW
11.1 This application and the Credit shall be governed by and construed in accordance with the laws of the Republic of Singapore without regard to its conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act, to the extent applicable, are expressly disclaimed. Unless otherwise required by applicable laws, any dispute, controversy, claim or difference of any kind whatsoever shall arising out of or relating to these terms of Credit against or relating to MOL or any Indemnified Party under this application and the Credit shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this Section. There will be one (1) arbitrator and the language of the arbitration shall be English.
12.1 IN CONSIDERATION OF US ISSUING THE CREDIT IN ACCORDANCE WITH THE PARTICULARS PROVIDED, you hereby jointly and severally guarantee the performance of the undertakings and promises contained herein. This guarantee is an independent undertaking and shall not be affected by or subject to any defences available against the Applicant and will remain intact, and will continue to apply in full force, notwithstanding any extension, amendment, renewal or modification of the Credit or of this Application. You further promise to hold us harmless from and make good upon our demand any loss suffered by us in consequence of us having acted on this Application or of us having issued the Credit. You hereby waive any defences available to you in respect of claims made hereunder and agree that we shall be entitled to pursue remedies available to us, and claims available hereunder or against other parties, in any order chosen by us.