1. Introduction

1.1 These Standard Terms and Conditions (“Conditions”) apply exclusively between:

1.1.1 any person accessing and using the Services (as defined below) (the “User” or “you”); and;

1.1.2 EZSY Pte. Ltd. (Registration No.: 201806994Z), a company incorporated in the Singapore, owning and operating the ezsy (mobile) Application (“ezsy App”), providing payment services (a) account issuance service, (b) domestic money transfer service, (c) cross-border money transfer service, (d) merchant acquisition service, (e) e-money issuance service, (f) digital payment token service and (g) money-changing service, collectively (“Services”), as well as its Affiliate(s) (collectively, the “Group”)E

 (each a “Party” and collectively, the “Parties”).

1.2 The Group provides the Services through the ezsy App as well as through www.ezsy.com or any ezsy application programming interface (the “Interface”).

1.3 1.3 These Conditions shall prevail notwithstanding any amendments by the User. Any amended conditions submitted, proposed or stipulated by the User, regardless of whether the Group has objected to them explicitly, are expressly waived and excluded.

1.4 The Group reserves the right to amend, modify, delete, update, change or otherwise alter (each, a “Variation”) these Conditions at any time. The User is advised to check regularly for any updates, changes or modifications. As these Conditions will govern the access or use of the Services, the User should review these Conditions each time the User engages the Group for use of the Services. By using the Services or accessing the Interface, the User is deemed to accept the Conditions.

1.5 The Services are not intended for use by individuals who are citizens or nationals of or resident in the United States of America, Belarus, Venezuela, Cuba, Eritrea, Cote d’Ivoire, Liberia, Iran, North Korea, Congo, Syria, Libya, Somalia, South Sudan, Sudan and Yemen (each a “Prohibited Jurisdiction”) or any member of the Sanctions List (collectively, the “Prohibited User”). Any Prohibited User accessing the Interface and/or Services must immediately cease to use the Interface and the Services.

1.6 It is important that the User understands the Applicable Laws that apply in their country in relation to the Services before using the Services. Use of the Services may not be permissible in all countries where this Interface may be accessed or viewed. The User must abide by the Applicable Laws and in the event that use of the Services is not permitted, the User must leave the Interface immediately. If the User has any doubt as to the legal position in their jurisdiction, the User should consult with the relevant authorities in their jurisdiction prior to using the Services.

1.7 The Group cannot advise on the current legal position in any country with respect to the Interface and Services and will not be held responsible for the consequences of the User’s use of the Interface for any purposes whatsoever. Accordingly, by using the Interface, the User expressly indemnifies the Group from any legal consequences and/or claims for damages whatsoever, arising from the User’s use of the Services or Interface.

2 DEFINITIONS AND INTERPRETATIONS

2.1 In these Conditions, unless the context otherwise requires, the following words or expressions shall have the following meanings respectively:

Affiliate” means an entity directly or indirectly controlled by or under common control with EZSY Pte. Ltd. where control means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise, including a Subsidiary or a Holding Group of EZSY Pte. Ltd. or any other Subsidiary of that Holding Group;

Additional Terms” has the meaning ascribed to it in Clause 3.2;

AML Laws” means all laws applicable to the Parties prohibiting money laundering or attempts to conceal or disguise the identity or origin of, change the form of, move, transfer, transport, illegal proceeds, funds or property;

Anti-Bribery Laws” means all laws applicable to the Parties prohibiting the bribery or attempted bribery of government officials or any persons, kickbacks, inducements and any other forms of commercial corruption or bribery;

Applicable Laws” means all laws applicable to the Parties;

Business Day” means a day that is regarded as a business day in the Singapore;

Content” shall have the meaning ascribed to it in Clause 18;

Control” means the holding or possession of the beneficial interest in or the ability to exercise the voting rights applicable to shares or other securities in, any entity (whether directly or indirectly) which confers an aggregate on the holders thereof of more than 50% of the total voting rights exercisable at general meetings of that entity. “Controlled” shall be construed accordingly;

CRS” means the common reporting standard or the Standard for Automatic Exchange of Financial Account Information (“AEOI”);

CTF Laws” means all counter-terrorist financing laws;

Digital Assets” means cryptocurrencies, tokens, digital payment tokens, e-money or other digital assets;

Dispute” shall have the meaning ascribed to it in Clause 32.2;

Encumbrance” means any mortgage, assignment, debenture, lien, hypothecation, charge, pledge, title retention, right to acquire, security interest, option, pre-emptive or other similar right, right of first refusal, restriction, third-party right or interest, any other encumbrance, condition or security interest whatsoever or any other type of preferential arrangement (including without limitation, a title transfer or retention arrangement) having similar effect, or an agreement, arrangement or obligation to create any of the foregoing;

Event of Default” shall have the meaning ascribed to it in Clause 13.2;

FATCA” means the United States Foreign Account Tax Compliance Act;

Fee Schedule” means the schedule of transaction fees payable to the Group by the User in relation to the Services;

Fiat Currencies” means any currency regarded by any government as legal tender and “Fiat “Currency” shall be construed accordingly;

Force Majeure Event” means all causes, foreseen or unforeseen, that are beyond the reasonable control of the affected Party, including but not limited to (a) hacker attacks, or the invasion or outbreak of malware such that the computer system or any hardware or software associated with the running of the Interface is damaged or unable to perform or operate normally; (b) interruption, failure or disruption in electricity provision, internet connection, telephone or other communication system or electronic or mechanical equipment; (c) strikes, fire, flood or other acts of God; and (d) the regulations of any applicable or relevant international organisation or government authority;

Holding Group” means, in relation to a company or corporation, any other company or corporation in respect of which it is a Subsidiary;

Indemnified Parties” shall have the meaning ascribed to it in Clause 14;

Indemnified Party” shall have the meaning ascribed to it in Clause 14;

Insolvency Event” shall have the meaning ascribed to it in Clause 13.2.7;

KYC Process” has the meaning ascribed to it in Clause 4.1;

Legal Disclaimers” means the Group’s legal disclaimers as set out in the EZSY Legal Disclaimers that forms part of these Conditions;

Losses” shall have the meaning ascribed to it in Clause 14;

Notice” shall have the meaning ascribed to it in Clause 22.1;

Permitted Purpose” shall have the meaning ascribed to it in Clause 17.1;

Policies” shall have the meaning ascribed to it in Clause 3.1;

Prohibited Jurisdiction” has the meaning ascribed to it in Clause 1.5;

Prohibited Use” has the meaning ascribed to it in Clause 9.2;

Prohibited User” has the meaning ascribed to it in Clause 1.5;

Privacy Policy” means the privacy policy of the Group as amended from time to time;

Representatives” means, in relation to a Party hereto, its directors, officers, employees, advisers, agents, or other representatives;

Sanctions” means the economic sanctions laws, regulations, embargoes, or restrictive measures administered by any Sanctions Authority including pursuant to the Comprehensive Iran Sanctions, Accountability and Divestment Act of 2010 and Iran Sanctions Act or any equivalent sanctions or measures imposed by any Sanctions Authority.

Sanctions Authority” means:

(i) (i) the Monetary Authority of Singapore (“MAS”) or Singapore generally:

(ii) the United Nations (“UN”) (including any of its related organisations);

(iii) the Office of Foreign Assets Control of the US Department of Treasury (“OFAC”) or the US generally;

(iv) the United Kingdom, the European Union or any member state of the European Union;

(v) the Ministry of Finance of Japan or Japan generally; or

(vi) any other authorities of jurisdictions applicable to the Parties

“Sanctions Laws” means the laws relating to Sanctions or the Sanctions List;

Sanctions List” means the Specially Designated Nationals and Blocked Person List maintained by MAS, UN, OFAC, or any similar list maintained by or public announcement of Sanctions designation made by any of the Sanctions Authorities;

Services” shall have the meaning ascribed to it in Clause 1.1;

Subsidiary” means, with respect to any entity, any other entity directly or indirectly Controlled by that entity;

Surviving Provisions” means Clauses 1, 2, 3, 6, 8, 9, 11, 12, 13, 14, 15, 16, 18, 20, 23, 24, 25, 26, 26, 29 and 30;

target of Sanctions” shall have the meaning ascribed to it in Clause 16.1.11;

Tax” means any tax, levy, impost, duty or other charge or withholding of a similar nature (including any related penalty or interest);

Third Party Data” shall have the meaning ascribed to it in Clause 17.3;

User’s Reps and Warranties” shall have the meaning to ascribed to it in Clause 16.1; and

Variation” has the meaning ascribed to it in Clause 1.4.

2.2 The words “hereof”, “herein”, “hereon”, and “hereunder”, and words of similar import, when used in these Conditions, shall refer to these Conditions as a whole and not to any particular provision of these Conditions.

2.3 Unless the context otherwise requires, words importing the singular shall include the plural and vice versa, and words importing a specific gender shall include the other genders (male, female or neuter).

2.4 The headings in these Conditions are inserted for convenience only and shall not affect the construction of these Conditions.

2.5 Any thing or obligation to be done under these Conditions which requires or falls to be done on a stipulated day, shall be done on the next succeeding Business Day, if the day upon which that thing or obligation to be done falls on a day which is not a Business Day.

3. INCORPORATION OF OTHER TERMS

3.1 References to these Conditions include these Conditions as amended or supplemented in accordance with its terms. References to Clauses are to clauses of these Conditions.

3.1.1 the Group’s Legal Disclaimers;

3.1.2 the Fee Schedule;

3.1.3 the Group’s Privacy Policy;

3.1.4 the EZSY Referral Program Terms and Conditions; and

3.1.5 all other relevant terms.

(collectively, the “Policies”)

3.1.5 all other relevant terms.

3.1.5 all other relevant terms.

3.2 In addition to the Policies, the use of specific aspects of the Interface or the Services may be subject to additional terms and conditions (“Additional Terms”), which will apply in full force and effect upon us notifying you of such Additional Terms. By continuing to access and use the Interface and the Services, you agree to such Additional Terms.

3.3 In the event of any conflicts or inconsistencies between the terms of these Conditions and the Policies, the terms of the subsequent amendment to these Conditions will prevail over the provisions of these Conditions, while the provisions of these Conditions will prevail over the Policies.

4. SETTING UP AN ACCOUNT

4.1 In order to use the Services, the User will need to register for an account on the Interface. The Group may require the User to provide information satisfactory to the Group and relevant third parties that the User is not in breach of or at risk of being in breach of AML Laws, Anti-Bribery Laws, Sanctions Laws, CTF Laws, and other Applicable Laws. During the registration process, the User may need to submit information and documents in order to verify the User’s identity and for know-your-client checks of the Group to prevent fraud, money laundering and financing of terrorism, fraud or any other financial crime (“KYC Process”). The Group may engage the assistance of third party service providers for the KYC Process and the User irrevocably grants the Group the right to share such information with the third party service providers concerned. The User is required to promptly provide whatever information requested and necessary to satisfy such due diligence requirements, including but not limited to a certificate permitting the determination of Tax residency and status under FATCA, CRS and other Applicable Laws.

4.2 The Group shall also regularly monitor and assess activities that may constitute a potential breach of AML Laws, CTF Laws, Sanctions Laws, Anti-Bribery Laws, and other Applicable Laws. Notwithstanding the KYC Process, the User is required to provide further information and documents or conduct any activities as requested by the Group or any of its nominated third parties pursuant to this Clause on an ongoing basis.

4.3 The Group may in its sole discretion, refuse to set up the account, terminate or suspend the User’s account and the User’s access to the Interface or limit the number of accounts the User may hold. The User’s access to one or more of the Services and the limits that may apply may be adjusted as a result of the information collected from the User.

4.4 4.4 By setting up the account on the Interface, the User consents to the collection, use and disclosure of personal data and other information submitted to the Group by the Group, its Affiliates, and its third-party service providers for such purposes. More details relating to the treatment of the User’s personal data is set out in the Group’s Privacy Policy.

5. SCOPE OF SERVICES

5.1 The use of the Services is subject to the User setting up an account on the Interface, which entitles the User access to the following Services, subject to eligibility and certain conditions being satisfied, including:

5.1.1 providing payment solutions, bill payments, merchant payments, multi-currency wallet with ability to hold Fiat Currency e-money and Digital Assets.

5.1.2 allowing Users to exchange Fiat Currencies, convert Digital Assets to Fiat Currencies or other Digital Assets and Fiat Currencies to Digital Assets in transaction with the Group, DPT exchange;

5.1.3 providing access to a platform for top-up through physical fiat currencies into e-money, domestic and cross-border remittances in real-time; and

5.1.4 providing book-keeping accounting and any other permitted financial services.

5.2 The Group may refuse to accept the deposit, top-up currencies, e-money transfers, DPTs, Digital Assets provided by the User if the amount of the deposit or transfer or any transaction provided by the User, does not meet the minimum requirement or standard set by the Group from time to time.

5.3 The Group reserves the right to vary the scope and provision of the Services, and may suspend or terminate any of the Services, at its discretion and without prior notice to the User.

6. AGENCY

The Group does not act as agent in the transactions effected through activities on the Interface. However, in some but not all of the Services, the Group administers and enforces contracts among parties engaged in activities on the Interface.

7. DISCLOSURE OF INFORMATION

7.1 The User represents, warrants and undertakes that all information provided by the User to the Group at any relevant time is true, complete, accurate, current and not misleading in any material respect.

7.2 The User undertakes to maintain and update all such information to keep it true, complete, accurate, current and not misleading in any material respect. The User undertakes to immediately inform the Group of any relevant change in the information which has been provided to the Group in the course of the Group providing the Services.

7.3 The User irrevocably undertakes to provide to the Group, promptly upon demand, any information and/or documentation as the Group may request from time to time. The User hereby expressly and irrevocably permits and authorises the Group and its employees and/or any other persons authorised by the Group to provide any information and copies of any document provided by the User as may be required pursuant to any KYC Process.

7.4 The User shall comply with such identification, customer due diligence and other anti-money laundering requirements that the Group may require from time to time.

8. ACCOUNT SECURITY

8.1 The User shall be fully responsible for all activities that occur under the designated account they are using including all information submitted to the Group, whether publicly posted on the Interface or privately transmitted.

8.2 The User shall (a) immediately notify the Group of any unauthorised use of password or account designation or any other breach of security, and (b) to ensure prompt exit from the account at the end of each session. The Group shall not be liable for any loss or damage arising from failure to comply with this Clause 8.

9. PROHIBITED USES

9.1 The User shall (a) immediately notify the Group of any unauthorised use of password or account designation or any other breach of security, and (b) to ensure prompt exit from the account at the end of each session. The Group shall not be liable for any loss or damage arising from failure to comply with this Clause 8.

9.1.1 use the Interface or Services to disguise the origin or nature of illicit proceeds or to transact or deal in, any illicit Fiat Currencies or illicit Digital Assets, funds, property, or proceeds;

9.1.2 misuse the Interface or Services, as a result of which any Applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Bribery Laws, Sanctions Laws, prohibit, penalise, or sanction the Group, or expose the Group to any legal risks;

9.1.3 use the Interface or Services to facilitate, approve, evade, avoid, or circumvent any Applicable Laws, including but not limited to AML Laws, CTF Laws, Anti-Bribery Laws and Sanctions Laws;

9.1.4 use the Interface or Services to evade Taxes under any jurisdiction(s) applicable to the User, the Interface or the Services;

9.1.5 transact on the Interface, or use any Services, with anything other than Fiat Currencies, Digital Assets, funds, keys or property that have been legally obtained by the User and that belong to the User;

9.1.6 use the Interface or Services to interfere with or subvert the rights or obligations of the Group or the rights or obligations of any other Interface user or any other third party;

9.1.7 transact using misleading or inaccurate information presented to the Interface or to the Group or take advantage of any technical glitch, malfunction, failure, delay, default, or security breach

9.1.8 use the Interface or Services to engage in conduct that is detrimental to the Group or to any other Interface user or any other third party;

9.1.9 falsify any account, registration, exchange, or administration details provided to the Group;

9.1.10 falsify or materially omit any information or provide misleading or inaccurate information requested by the Group, including at registration or during the course of administering any Services to you;

9.1.11 reverse-engineer, decompile, or disassemble any software running on the Interface;

9.1.12 cause injury to, or attempt to harm the Group or any third party through the User’s access to the Interface or the Services;

9.1.13 have more than one account for each Fiat Currency supported by the Interface;

9.1.14 where the User is subject to prohibitions or restrictions under these Conditions,  access the Interface or use any Services utilising any virtual private network, proxy service, or any other third party service, network, or product with the effect of disguising the User’s IP address or location, or access the Interface or use the Services in a form that would be subject to the jurisdiction of any Prohibited Jurisdiction or government or government official thereof; or,

9.1.15  violate, cause a violation of, or conspire or attempt to violate or cause another party to violate these Conditions or Applicable Laws.

10. RIGHTS OF COMPANY

10.1 The Group reserves the right at any time and from time to time, in its sole discretion, to modify or discontinue, temporarily or permanently, the Services (or any part thereof, including the transmission of any related materials or documentation) with or without notice. The Group further reserves the right at any time and from time to time, in its sole discretion, to change or terminate without notice any content or features contained on the Interface. The Group shall not be liable to the User or to any third party for any modification, suspension, or discontinuance of the Services, content, or features provided on the Interface.

10.2 The Group reserves the right to refuse to process or to cancel any pending transaction conducted pursuant to the Services at its sole discretion or as required by law or in response to a court order or other binding government order or to enforce transaction limits. The Group cannot reverse a transaction that has been broadcast to the digital currency network. The Services are available only in connection with those Digital Assets that the Group, in its sole discretion, decides to support. The Digital Assets that the Group supports may change from time to time. The Group assumes no liability in connection with any attempt to use the Services for Digital Assets that the Group does not support.

10.3 The systems used by the Group for its Services and the Interface may encounter technical limitations or other limitations, and computer and communications hardware systems might experience interruptions. Further, the Group may continually enhance and improve these systems in order to accommodate the level of use of the Interface. Furthermore, the Group may add additional features and functionality to its Services and/or Interface that might result in the need to develop or license additional technologies. Increased utilisation of the Services or the Interface or increased transaction volume through its processing systems or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. The Group shall in no circumstances be liable for any loss in respect thereto.

10.4 It may, in certain circumstances, be necessary for the Group to retrieve certain information from offline storage in order to execute a transaction pursuant to the Services. The User acknowledges and agrees that a transaction facilitated by the Group may be delayed

10.5 The Group reserves the right to impose transaction limits upon the User at its sole discretion in accordance with the terms of these Conditions.

11. RIGHTS OF COMPANY

11.1 The Group reserves the right to levy service fees, transaction fees, or fees in relation to any dormant account on Users. Such service fees may be adjusted from time to time and the details of any such service fees or transaction fees shall be set out in the Fee Schedule.

11.2 Subject to all Applicable Laws, any payments in Fiat Currencies to be made by the User for the Services shall be made to the Group in such Fiat Currencies as shall be advised by the Group to the User from time to time.

11.3 If the User fails to make a payment when that payment is due and payable, an interest rate of 12 per cent per annum will apply to the outstanding amount until the default is remedied.

12. TAXES

12.1 It is the User’s sole responsibility to determine whether, and to what extent, any Taxes apply to any transactions the User conducts by utilising the Services, and to withhold, collect, report and remit the correct amounts of Taxes to the appropriate Tax authorities

12.2 If the User or any other person (whether or not a party to, or on behalf of a party to, these Conditions) must, as required by the Applicable Laws, at any time deduct or withhold any Tax or other amount from any sum paid or payable by, or received or receivable from, the User under these Conditions, the User shall pay such additional amount as is necessary to ensure that the Group receives the sum on the due date and retains (free from any liability other than tax on its own overall net income) a net sum equal to what it would have received and so retained had no such deduction or withholding been required or made.

12.3 The User shall (a) pay and, (b) within three (3) Business Days of demand, indemnify the Group against any cost, loss or liability that the Group (in its absolute discretion) determines has been suffered (directly or indirectly) by the Group for or on account of Tax in relation to a payment received or receivable (or any payment deemed to be received or receivable) under these Conditions

13. TERMS AND TERMINATION

13.1 The term of these Conditions shall commence on the date that these Conditions are accepted by the User and terminate upon:

13.1.1 the mutual agreement in writing by the User and the Group to terminate these Conditions; or

13.1.2 the unilateral termination by the Group (i) upon the occurrence of an Event of Default (as defined below), or (ii) if so decided by the Group acting in its absolute discretion.

13.2 For the purposes of these Conditions, “Event of Default” means any one of the following events:

13.2.1 any default by the User to pay on the due date any amount payable pursuant to these Conditions in the mode of payment in which it is expressed to be payable unless:

(a) the default to pay is caused by administrative or technical error; and

(b) payment is made within five (5) Business Days of its due date;

13.2.2 any default by the User in the performance or observance of any covenant or agreement contained in these Conditions (other than those referred to in Clause 13.2) and in the case of any breach which is capable of remedy, such breach is not remedied within three (3) Business Days or such other period as may be determined by the Group;

13.2.3 13.2.3 if any representation or warranty made by the User in these Conditions is or proves to have been untrue, incorrect or misleading in any material respect at the time made or deemed to be made;

13.2.4  the User suspends or ceases to carry on (or threatens to suspend or cease to carry on) all or a material part of its business;

13.2.5 any event or circumstance, which in the opinion of the Group, has or is reasonably likely to have a material adverse effect;

13.2.6  the User commits any fraud or act of dishonesty, and/or acts in any manner which is adverse to the interests of the Group;

13.2.7 any Insolvency Event occurs in respect of the User. For the purpose of this Section, an “Insolvency Event” shall mean the occurrence of any one of the following events, but this Clause 13.2.7 shall not apply to any winding-up petition or any application which is vexatious and is discharged, stayed or dismissed within twenty one (21) days of its commencement:

13.2.8  it is or will become unlawful for the User or the Group to perform or comply with any one or more of its material obligations under these Conditions; and/or

13.2.9 any material provision of these Conditions is or becomes for any reason, illegal, invalid and/or unenforceable.

13.3 The aforesaid termination shall be without prejudice to the right of the Group in respect of any antecedent breach of the terms in these Conditions and shall not affect the validity, continuance or effectiveness of the Surviving Provisions or any other provisions in these Conditions which are intended to survive such termination.

13.4 The User shall notify the Group of any Event of Default (and the steps, if any, being taken to remedy it) promptly upon becoming aware of its occurrence. Promptly upon a request by the Group, the User shall supply to the Group a certificate signed by two of its directors or senior officers on its behalf certifying that no Event of Default is continuing (or if an Event of Default is continuing, specifying the Event of Default and the steps, if any, being taken to remedy it).

14. INDEMNITY

The User irrevocably undertakes to fully indemnify and hold harmless each the Group, its shareholders, officers, directors, employees and agents and their respective successors, heirs and assigns (collectively, the “Indemnified Parties” and each an “Indemnified Party”) promptly upon demand at any time and from time to time, from and against any and all losses, claims, actions, proceedings, damages, demands, judgments, sums payable, liabilities, damages, costs, charges and expenses (including reasonable attorneys’ fees and disbursements), and/or expenses (collectively, “Losses”) to which any Indemnified Party may become subject, insofar as such Losses arise out of, or in any way relate to, or result from:

(a) the information provided by the User;

(b) the breach of any of the User’s obligations, undertakings, representations and warranties, the provisions of these Conditions, or the provisions of any agreements entered into by the User or its Affiliates in relation to the Services; or

(c) the breach of any of the User’s obligations, undertakings, representations and warranties, the provisions of these Conditions, or the provisions of any agreements entered into by the User or its Affiliates in relation to the Services; o

15. EXCLUSION OF LIABILITY

The Group (to the fullest extent permitted by law) shall not in any circumstances be liable for any loss or damage including any direct, indirect, special, consequential, punitive, incidental loss or damage (whether arising in tort, contract or otherwise) incurred by the User, its shareholders, officers, directors, employees and agents, arising out of or in relation to or in connection with these Conditions including but not limited to:

(a) the breach of any of the User’s obligations, undertakings, representations and warranties, the provisions of these Conditions, or the provisions of any agreements entered into by the User or its Affiliates in relation to the Services; or

(b) the use or accuracy of the Interface;

(c) any information contained in any third party materials or on any third party sites that may be accessible or linked to the Interface;

(d) the content of and/or use of any agreement entered into by the User pursuant to the Services, in its original form as provided by the Group, or in such other form as may be negotiated and agreed upon, including any disputes as may arise between the User and any third parties relating to such agreements;

(e) non-compliance, default, action or omission of a third party in respect of any agreement entered into by the User pursuant to the Services;

(f) any loss (whether direct or indirect) of profits, business, business opportunities, revenue, turnover, reputation or goodwill;

(g) lost or damaged data;

(h) damage to or interruption of any local area networks;

(i) the introduction of viruses, worms or other destructive programs or any other commercial or economic losses;

(j) any decision made or action taken by any party in reliance on the Services (or its results or the Interface contents);

(k) any delay, failure interruption or corruption of any data or other information transmitted in connection with use of the Services; and

(l) any inaccuracies, errors or omissions in connection with the Services and any Interface content.

16. REPRESENTATIONS AND WARRANTIES

16.1 The User makes the following representations and warranties to the Group:

16.1.1 the person completing the application to register the User as a member of the Interface is duly authorised by the User to do all things in connection to the use of the Interface;

16.1.2 any factual information provided by the User for the purposes of accessing and using the Services or otherwise is true, complete, accurate, not misleading in any material respect, and does not omit any material fact, the omission of which would make any fact or statement therein misleading as at the date it was provided or deemed to have been provided or as at the date (if any) at which it is stated;

16.1.3 the User is at least 18 years old (or has otherwise attained the age of majority in the User’s jurisdiction), has full capacity to enter into such contracts (including entering into the transactions on the Interface), and these Conditions are valid and enforceable against the User;

16.1.4 the User understands the risks associated with using the Interface and Services and is not a Prohibited User or otherwise prohibited by Applicable Laws from using the Services;

16.1.5 that any trading, transaction or other instructions received or undertaken through the User’s login credentials or from the User’s authorised e-mail address on file with the Group are deemed to be valid, binding, and conclusive, and that the Group may act upon those instructions without any liability or responsibility attaching to it;

16.1.6 1the User will not use the Interface or Services in order to conceal or disguise the origin or nature of proceeds that are illegal or may result in or further any breach of Applicable Laws, including AML Laws or CTF Laws, or to deal in any unlawful Digital Assets, unlawful Fiat Currencies, property, funds, or proceeds;

16.1.7 the User will not trade or use any Services using anything other than Fiat Currencies, Digital Assets or other property that has been legally obtained by the User and belongs to the User;

16.1.8 that the User is, at its own cost and expense, currently in compliance with all Applicable Laws that relate to or affect the Services conducted under these Conditions, including but not limited to AML Laws, CTF Laws, Anti-Bribery Laws, Sanctions Laws, or Tax laws, including FATCA and CRS;

16.1.9 that the User consents to any and all Tax and information reporting under AML Laws, CTF Laws, Anti-Bribery Laws, Sanctions Laws, or Tax laws, including FATCA and CRS, as the Group may reasonably determine;

16.1.10 that neither the User nor any of the User’s Affiliates has directly or indirectly offered, promised, given, or authorised any payment, or offered, promised, given, or authorised the giving of anything else of value, including any Digital Assets, to a government official or individual employed by another entity in the private sector in violation of any applicable Anti-Bribery Laws;

16.1.10 that neither the User nor any of the User’s Affiliates has directly or indirectly offered, promised, given, or authorised any payment, or offered, promised, given, or authorised the giving of anything else of value, including any Digital Assets, to a government official or individual employed by another entity in the private sector in violation of any applicable Anti-Bribery Laws;

16.1.11 neither the User, or, in the event that the User is a company, any of its Affiliates, or to its knowledge, joint ventures or any director, officer, agent, employee or any other person acting on any of its behalf,

(a) is currently

(i) subject to any Sanctions or listed on or owned or controlled by a person listed on, or acting on behalf of a person listed on any Sanctions List;

(ii) located in, incorporated under the laws of, or owned or (directly or indirectly) controlled by or acting on behalf of a person located in or organised under the laws of a country or territory that is the target of country wide or territory wide Sanctions; or

(ii) located in, incorporated under the laws of, or owned or (directly or indirectly) controlled by or acting on behalf of a person located in or organised under the laws of a country or territory that is the target of country wide or territory wide Sanctions; or

(b) has received notice of or is aware of any claim, action, suit, proceeding or investigation against it with respect to sanctions by any Sanctions Authority; or

(c) is acting directly or indirectly on behalf of any person listed on any Sanctions List or any person subject to the jurisdiction of a Prohibited Jurisdiction,

and none of it or, in the event that the User is a company, any of its Affiliates will directly or indirectly use any monies received by the User or any part thereof, or lend contribute or otherwise make available such proceeds to any subsidiary, joint venture partner or other persons or entity for the purpose of financing the activities of any person currently the subject of any Sanctions or any person subject to the jurisdiction of a Prohibited Jurisdiction;

16.1.12 1.1.1 the User will fairly and promptly report all income associated with the User’s activity on the Interface in relation to the Services pursuant to Applicable Laws and pay any Tax due thereon;

16.1.13 the User has:

(a) complied in all material respects with all Tax laws in all jurisdictions in which it is subject to Tax and has filed all Tax returns and paid all Tax and other statutory payments due and payable by it and, to the extent any Tax is not due, has established reserves that are adequate for the payment of such Tax and such payments;

(b) no criminal proceedings instituted against the User; and

(c) complied with all Applicable Laws including applicable AML Laws, CTF Laws, Anti-Bribery Laws, Sanctions Laws, employment laws, rules authorisations issued by the government or governmmental authorities where it is located, its business is being operated and the personnel of the User are located and has taken all required permissions for the operation of its business, as applicable.

16.1.14 in the event that the User is a company, it is a corporation duly incorporated and validly existing under the laws of the jurisdiction of its incorporation, with full power and authority to own its assets and properties, and to conduct its business, either directly or through its subsidiaries or associates, as currently conducted;

16.1.15 it has obtained all necessary corporate approvals (if required) and other actions to authorise the execution, delivery and performance of these Conditions and all such other documents and instruments as are specified or referred to in these Conditions (if any); and

16.1.16 it has obtained all necessary corporate approvals (if required) and other actions to authorise the execution, delivery and performance of these Conditions and all such other documents and instruments as are specified or referred to in these Conditions (if any); and

(d) result in a breach of its constitutional documents or equivalent constitutional documents (if applicable);

(e) result in an infringement, or constitute a default under, any directive, instrument, contract, document or agreement to which it is a party or by which it is bound; and

(f) result in a breach of any law, rule, regulation, ordinance, order, judgment or decree of or undertaking to any court, government body, statutory authority or regulatory, administrative or supervisory body.

(collectively, the “User’s Rep and Warranties

16.2 Each of the User’s Reps and Warranties shall survive and continue to have full force and effect after the execution of these Conditions, and the User warrants to the Group that the User’s Reps and Warranties shall be true and correct and fully observed at all times with reference to the facts and circumstances existing at all such times.

16.3 The Group makes no representations, warranties, or guarantees to the User of any kind. The Interface and the Services are offered strictly on an as-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.

17 . CONFIDENTIALITY

17.1 Subject to the Group’s Privacy Policy, the User hereby expressly and irrevocably permits and authorises the Group and its employees and/or any other persons authorised by the Group to disclose all information provided by the User to the Group under these Conditions for any purposes as deemed fit by the Group under these Conditions (the “Permitted Purpose”), save for any information which the User expressly instructs in writing to be treated as confidential and has been clearly marked by the User as “confidential”.

17.2.1  any information which becomes generally known to the public, other than by reason of any wilful or negligent act or omission of the Group or any of their respective Representatives;

17.2.2 any information which is required to be disclosed pursuant to any Applicable Laws or any requirement of any competent governmental or statutory authority or pursuant to rules or regulations of any relevant regulatory, administrative or supervisory body (including without limitation, any relevant stock exchange or securities council);

17.2.3 any information which is required to be disclosed pursuant to any legal process issued by any court or tribunal; and

17.2.4 any information disclosed by the Group to their respective bankers, financial advisers, consultants and legal or other advisers for the purpose of these Conditions.

17.3 The User hereby acknowledges and agrees that the information (including personal data) of third parties (the “Third Party Data”) may be disclosed by the User to the Group from time to time for the Permitted Purpose. Accordingly, the User agrees and undertakes to the Group that all necessary consents from the relevant individuals to whom such information/ personal data relates either have been obtained, or at the time of disclosure will have been obtained, for the disclosure of their information/ personal data to the Group, for the Group’s collection, use and/or disclosure for the Permitted Purpose and that such consents have not been withdrawn.

17.4 The User represents and warrants to the Group that it has at all times complied with and will continue to comply with the requirements of the Personal Data Protection Act 2012 (“PDPA”), in respect of the collection, use, disclosure and other handling of the Third Party Data and any other data obtained by the User through the Interface. The User shall be fully responsible, for ensuring that all requirements at law (whether applicable to the User and/or the Group) have been complied with.

17.5 The obligations contained in this Clause 17 shall endure, even after the release of any Parties or termination of these Conditions in accordance with and as permitted by the provisions of these Conditions, without limit in point of time except and until any confidential information enters the public domain.

18. LIMITED LICENSE

The User is granted a limited, non-transferable license, subject to these Conditions, to use the Interface and related content, materials and information (collectively, the “Content”) solely for approved purposes as permitted by the Group from time to time. Any other use of the Interface, Services or Content is expressly prohibited and all other right, title and interest in the Interface or Services is exclusively the property of the Group. The User agrees that it will not copy, transmit, distribute, sell license, reverse engineer, modity, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “EZSY”, “ezsy.com” and all logos, trade name, work marks, or design related to the Services or displayed on the Interface are either trade marks or registered marks of the Group or its Affiliate(s). The User shall not copy, imitate or use such logos or marks without the prior written consent of the Group.

19. FURTHER ASSURANCE

Each Party agrees from time to time to perform any further acts and execute and deliver any further documents and instruments and do or refrain from doing all such further acts and things as may from time to time reasonably be requested by the other Parties to carry out effectively or better evidence or perfect the true spirit, intent, meaning and purpose of these Conditions.

20. NO PARTNERSHIP OR AGENCY

Nothing in this agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the Parties or constitute any Party the agent of another Party.

21. NO PARTNERSHIP OR AGENCY

21.1 In the event that trading disputes arise between Users, the Users concerned shall record the particulars of the dispute and report such dispute to the Group in a timely manner. The Group may request that the Users concerned provide further information and supporting evidence in relation to the dispute and the Users shall comply at all times with such requests by the Group.

21.2 When disputes arise between the Users, the Group may provide necessary trading data or other information to the competent administrative or judicial authority pursuant to the Applicable Laws.

21.3 Unless otherwise agreed by the Users or required by Applicable Laws, the Users shall follow the procedure stipulated under Clause 32 to resolve any dispute arising from the use of the Interface or Services.

21.4 Once the dispute between the Users concerned has been settled or the Users have received final and affirmative award or judgment, the Users concerned shall provide evidence of such settlement agreement, award, or judgment to the Group.

22. NOTICES

22.1 Any notice or other communication in connection with these Conditions (each, a “Notice”) shall be: (a) in writing; and (b) delivered by hand, electronic mail or registered post. All Notices shall be delivered to the Party’s address, and each Party may designate by notice in writing to the other a new address to which Notices shall be given.

22.2 A Notice shall be effective upon receipt and shall be deemed to have been received: if delivered by hand or registered post, at the time of delivery; or if delivered by e-mail, at the time that it is received in recipient’s inbox.

23. SEVERABILITY

22.3 The illegality, invalidity or unenforceability of any provision of these Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.

24. INVALIDITY

24.1 If any provision in these Conditions shall be held to be illegal, invalid or unenforceable, in whole or in part, the provision shall apply with whatever deletion or modification is necessary so that the provision is legal, valid and enforceable and gives effect to the commercial intention of the Parties.

24.2 To the extent it is not possible to delete or modify the provision, in whole or in part, under Clause 24.1, then such provision or part of it shall, to the extent that it is illegal, invalid or unenforceable, be deemed not to form part of these Conditions and the legality, validity and enforceability of the remainder of these Conditions shall, subject to any deletion or modification made under Clause 24.1, not be affected.

25. REASONABLENESS

Each of the Parties confirms that it has has the opportunity to seek independent legal advice relating to all the matters provided for in these Conditions and agrees that (a) there shall be no presumption that any ambiguity in these Conditions should be construed in favour of or against any Party solely as a result of such Party’s actual or alleged role in the drafting of these Conditions, and (b) the provisions of these Conditions and all documents entered into pursuant to these Conditions are fair and reasonable.

26. ENTIRE AGREEMENT

These Conditions constitute the whole agreement between the Parties relating to its subject matter and (save as otherwise provided) supersede and extinguish any prior drafts, agreements, undertakings, representations, warranties, assurances and arrangements of any nature, whether in writing or oral, relating to such subject matter.

27. FORCE MAJEURE

The Group shall not be liable for any failure, delay or variation in the performance of its obligations under these Conditions if such failure, delay or variation is caused by any Force Majeure Event.

28. NO ASSIGNMENT

The User may not assign or transfer all or part of his rights or obligations under these Conditions.

29. VARIATIONS

29.1 The Group reserves the right at any time in its absolute discretion to make any variation to any provisions of these Conditions, without prior notice, and the User shall be bound by such variations from such date that such variation is directed by the Group to take effect.

29.2 Unless expressly agreed, no Variation shall constitute a general waiver of any provisions of these Conditions, nor shall it affect any rights, obligations or liabilities under or pursuant to these Conditions which have already accrued up to the date of variation, and the rights and obligations of the parties hereto under or pursuant to these Conditions shall remain in full force and effect, except and only to the extent that they are so varied.

30. REMEDIES AND WAIVER

No failure on the part of any Party to exercise, and no delay on its part in exercising, any right or remedy under these Conditions will operate as a release or waiver thereof, and any single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights provided in these Conditions are cumulative and not exclusive of any rights or remedies provided by law.

31. NO RIGHTS OF THIRD PARTIES

No term of these Conditions is enforceable by a person who is not a Party to these Conditions.

32. GOVERNING LAW AND JURISDICTION

32.1 These Conditions shall be governed by, and construed in accordance with, the laws of the Singapore.

32.2 If any dispute or difference of any kind whatsoever (a “Dispute“) shall arise between the Parties under or in connection with these Conditions, or the existence, breach, termination or validity hereof, the Parties shall attempt, for a period of 30 days after the receipt of written notice from a Party of the existence of the Dispute by the other Party, to settle such Dispute in the first instance by mutual discussion between the Parties.

32.3 If the Dispute cannot be settled within 30 days of such notice issued pursuant to Clause 32.2 above, the Parties agree that any such a Dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this Clause. The seat of the arbitration shall be in Singapore and the language of the arbitration shall be English. The tribunal for the arbitration shall consist of one (1) arbitrator.

Privacy Policy
1.1 Ezsy Privacy Protection Summary

1.1.1 What data we collect about you?

We collect information when you set up your ezsy account and use the services available within ezsy (such as posting photos to your Moments feed or following Official Accounts). To set up your account, we collect your nickname, mobile number, and a password. You can further refine and populate your profile with additional information.

1.1.2 How do we use your info?

We use your information to provide ezsy to you, allowing you to communicate with other users, and to use the features on ezsy. We use your information for account set-up, to facilitate communications, provide support, allow you to access features of ezsy, and to improve ezsy. ezsy uses contact channels provided by you, such as mobile number or email address, for verification and protecting your account and for important administrative reasons and for promotional or marketing of products or services that relate to and/or complement the existing features on ezsy.

1.1.3 Who do we share your data with?

We use third parties for support services, such as SMS service providers for account validation, mapping and points-of-interests services, translation services, and support services. We use these third party services solely to process or store your information for the purposes described in this policy. We also share your information with related companies of ezsy and as required by law. Aside from the previously mentioned purposes, ezsy does not share your data to third-parties without your prior explicit consent. Any third party (selected by us) with whom we share user data will provide the same or equal protection of user data as stated in this policy.

1.1.4 Where do we process your data?
Our servers are located in Singapore and Hong Kong. We also have support, engineering and other teams that support the provision of ezsy to you, located around the world. Your data may be accessed from such locations. Rigorous internal control measures are undertaken to strictly limit access to your data by designated team members.
1.1.5 How long do we keep hold of your data?

The time we retain your information for depends on the type of information – for example, log-in data is retained for as long as you remain an account holder on the ezsy app. If you instruct us to delete your ezsy account, your information is deleted within 60 days of the latter of verification of account ownership and receiving your account deletion request.

1.1.6 How can I exercise my rights over my data?

You may have special rights over your data and how we can use it. These include how you can access the data, erasing the data, restricting how your data can be used, objecting to its use, and getting a copy of your information.

1.1.7 How will we notify you of changes?

If there are any significant changes to this Privacy Policy, we will send you a notification before the change becomes effective. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at privacy@ezsy.com

1.1.8 Contact Information for Dispute Resolution

If you have any concerns or complaints, please contact us privacy@ezsy.com.

1.2 Ezsy Privacy Policy

1.2.1 INTRODUCTION

Welcome to ezsy!

We value your privacy. This Privacy Policy informs you of your choices and our practices regarding any Information you provide to us or that you generate in using ezsy.

The use of our services (being the ezsy mobile app, the website https://www.ezsy.com/ or any third party platforms through which ezsy is provided) (together,”ezsy”) involve the processing of your Information. It is important for you to understand how this happens and how you may control it.

Please read this Privacy Policy carefully.

By using ezsy you agree to the processing of your Information in accordance with this Privacy Policy.

When you use certain features you will be asked to agree to the processing of your Information in certain ways. For certain Information you may withdraw your agreement to the processing of that Information in accordance with this Privacy Policy.

If you do not agree with this Privacy Policy, you must not use ezsy.

If you have any questions or complaints regarding this Privacy Policy or the use of your Personal Information, please contact our Data Protection Officer via email at privacy@ezsy.com (Attention: Data Protection Officer, Legal Department).

SCOPE AND APPLICATION OF THIS PRIVACY POLICY

This Privacy Policy applies to ezsy, as well as any services accessible on the ezsy platform that state that this Privacy Policy applies to the use of such service. Those ezsy services may have further privacy-related terms that you must agree to if you use those services. Any capitalised terms used in this Privacy Policy have the same meaning as the equivalent defined terms in the ezsy Terms of Service, unless they are defined otherwise in this Privacy Policy.

Please note that this Privacy Policy does not apply to Information that you choose to disclose or submit to:

  1. a) services other than ezsy (such as other products or services supplied or operated by us or our affiliates), that do not expressly state that this Privacy Policy applies;
  2. b) any third party services (including any third party websites) that you may access through ezsy; or
  3. c) companies or organisations that advertise products or services on ezsy.

If you are using ezsy on behalf of a company, partnership, association, government or other organisation (your “Organisation”), you agree to notify your Organisation’s relevant individual owners, shareholders, directors, officers, managers, employees and other relevant individuals whose Personal Information we collect or you provide to us from time to time (“Connected Persons”) of the collection of their Personal Information, and you agree to obtain your Connected Persons’ consent to the processing of their Personal Information in accordance with this Privacy Policy as required by applicable laws and regulations. When this Privacy Policy refers to “you” or “your” this includes you and any Connected Persons. If you or any Connected Persons would like to request your personal information be removed from our database, please contact us at privacy@ezsy.com.

1.2.2 CHANGES TO THIS PRIVACY POLICY

We may from time to time revise or add specific instructions, policies and terms to this Privacy Policy. These instructions, policies and terms form part of this Privacy Policy.

Whenever we make any changes to this Privacy Policy that are important for you to know about, we will post the updated Privacy Policy at this link and notify you via ezsy or other means before the change becomes effective.

1.2.3 TYPES OF INFORMATION WE PROCESS

We process different categories of information and data in providing ezsy. These are set out below:

  • Location Data” is information that is derived from your GPS, WiFi, compass, accelerometer, IP address, or public posts that contain location information. You will disclose certain location information to us and to other ezsy users:
    • when you use certain location-based features, and when you share your location with other ezsy users; and
    • when you access ezsy, as we derive location information from your IP address, device, or internet service to prevent multiple or fraudulent log-ins to your account.
  • “Log Data” is information that we automatically collect when you use ezsy, whether through the use of cookies, web beacons, log files, scripts or ETags including:
    • technical information, such as your mobile carrier-related information, configuration information made available by your web browser or other programs you use to access ezsy, your IP address and your device’s version and identification number;
    • information about what you have searched for and looked at while using ezsy, such as web search terms used, social media profiles visited, and details of other information and content accessed or requested by you in using ezsy;
    • general information about communications on the platform, such as the identity of a user that you have communicated with and the time, data and duration of your communications (but not the content of such communications, except where you are communicating with an Official Account or our support services team); and
    • metadata, which means information related to items you have made available through ezsy, such as the date, time or location that a shared photograph or video was taken or posted.
  • “Non-Personal Information” is any information that is not reasonably practicable to directly or indirectly identify you.
  • “Personal Information” is any information, or combination of information, that relates to you, that can be used (directly or indirectly) to identify you.
  • “Shared Information” is information about you or relating to you that is voluntarily shared by you on ezsy. Shared Information may include postings that you make on ezsy (including your public profile, the lists you create, and photos, videos and voice recordings as accessed with your prior consent through your device’s camera and/or microphone sensor), any postings from others that you re-post and Location Data and Log Data associated with such postings. Shared Information also includes information about you (including Location Data and Log Data) that others who are using ezsy share about you.

References to “Information” in this Privacy Policy mean both Personal Information and Non-Personal Information.

1.2.4 HOW WE PROCESS YOUR INFORMATION

The following lists what Personal Information we collect, how we use it

Information

Purpose of Processing

Registration Data and Log-in Data.Your name, user alias, mobile phone number, password, gender, and IP address.

  • to set up and log-in to a user account on ezsy;
  • to notify you about changes to ezsy;
  • to facilitate communication;
  • to provide you with user support;
  • to enforce our terms, conditions, and policies;
  • to place VoIP calls using ezsy;
  • to communicate with you;
  • to provide personalised help and instructions;
  • to better understand how you access and use ezsy;
  • to develop new and improve existing services;
  • to provide language and location customisation;
  • to protect any rights, property or safety of ours, our affiliate companies, or other users of ezsy; and
  • to administer ezsy and for internal operations, including troubleshooting, data analysis, testing, research, security, fraud-detection, account management, and survey purposes.ezsy

User Profile Search Data.Record of search inquiries.

  • to provide quick access to previous searches.

Shared Information – Profile Data.Any information that you include in your publicly-visible ezsy profile, which may include your profile ID, name, and photo.

  • to administer the ezsy platform in accordance with your instructions and requests;
  • to provide personalised help and instructions;
  • to provide language and location customisation;
  • to develop new and improve existing services;
  • to better understand how you access and use ezsy;
  • to maintain your ezsy account in accordance with your instructions and requests.

Shared Information – Profile Media.This comprises all of the information you make available to other users via ezsy, comprising:

  • ezsy Moments posts and responding to other users’ ezsy Moments; and
  • information made available by another user about you via their use of ezsy – for example, any Shared Information that others using ezsy make available about you via ezsy Moments and communications they make to you and others using ezsy.
  • to administer the ezsy platform;
  • to provide personalised help and instructions;
  • to provide language and location customisation;
  • to develop new and improve existing services;
  • to maintain your ezsy account;
  • to better understand how you access and use ezsy.

Chat Data.Content of communications between you and another user or group of users. This is stored on your device and the devices of the users that you have sent communications to. We do not permanently store this information on our servers and it only passes through our servers so that it can be distributed to the users you have chosen to send communications to.

  • to facilitate delivery of communication to another user.

Contacts List.Your on-device contact list.

  • to connect you with other ezsy users using the “Recommended Friends” function.

OpenID.We generate an OpenID each instance your ezsy account activates a third-party ezsy Open Platform service. It is a unique identifier that only exists for one account connecting to a single service and allows it to be identified without using other personal information – for example, your name or email address. In addition, we create a UnionID for each instance your ezsy account connects to a service or services operated by a single third-party operator. This allows the third-party operator to associate your activity more easily across various inter-related services offered by the same operator.

  • to allow you to follow an Official Account;
  • to allow you to use a Mini Program; and to allow you to use your ezsy ID to log-in to third party services

Log Data.See definition above.

  • to better understand how you access and use ezsy;
  • to administer ezsy;
  • for internal operations, including troubleshooting, data analysis, testing, research, security, fraud-detection, and account management.
  •  

Location Information.See definition above.

Please note the use of products and services that use location information.

  • to provide quick access to previous searches.

User Profile Search Data.Record of search inquiries.

  • account management (such as to ensure there are not multiple log-ins or suspicious log-ins on your account);
  • to provide you with location-based services that you choose to use:
    • oShare Location (when you elect to share your location within a chat with other users):
    • Moments/Point of Interest (geo-tagging a place in a Moments post);
    • WeRun (when you elect to use this feature ezsy uses your accelerometer)
    • Official Accounts (if you elect to disclose your location to an Official Account, that information will be shared with the Official Account);
    • Mini Program (if you choose to disclose your location to a Mini Program, or choose to find Mini Programs Nearby);
    • People Nearby, (location-based services that you can choose to use to disclose your general location for a limited period of time (and you can choose to clear such location data at any time);
    • Top Stories (if you access this feature, we use your location to
    • Optimize locally relevant news content for you);
    • Search (if you perform an external search using ezsy, the service uses your location to provide you with locally relevant information);
  • to provide language and location customisation.

Credit card information.

  • In some regions, credit card information is collected and the card information verified via a third-party payment processing service for the purpose of verifying parental or guardian consent to use ezsy by an underage minor. This information is not permanently stored to ezsy’s servers and is immediately disposed after a verification request has been performed by the third-party payment processing service.

Customer Support Information.Any information that you provide to our customer support team.

  • to investigate your support issue.

Device Data.Media stored on your device.

  • to facilitate the sharing of such media using ezsy.

Social Connect Information.Third Party Social Media e.g. Facebook, QQ (as applicable).

  • If you choose to connect a third party social media account to your ezsy account, we process this information to facilitate login to ezsy via social media account.
  • if you publish content on your Moments, ezsy will facilitate the publishing to a authenticated third party social media account if you choose to share this content to the third party account.

Surveys.If you choose to participate in a survey, we may request certain Personal Information from you. We may use a third party service provider to conduct these surveys and this will be notified to you prior to you completing the survey.

  • to better understand how you access and use ezsy;
  • to provide personalised help and instructions;
  • to develop new and improve existing services;
  • to improve ezsy and respond to customer requests and preferences.

Pseudonymised and Aggregated Data. We pseudonymise and aggregate certain Personal Information to improve our services.

  • Analysis of what features or actions are taken within the app in order to improve app experience
  • Fraud detection and account safety analysis
  • User demographic analysis on items such as region, phone model, operating system platform, system language, and ezsy version in order to better understand how our users are using ezsy
  • Web and account traffic statistics of what content and services are used when users access third-party services on the ezsy Open Platform as a method for informing third-party service providers basic analysis of how their service is being used by ezsy users.

Cookies. We further explain such collection in “Tracking Technologies” section.

  • to facilitate log-in and account verification;
  • to assess effectiveness of and improve advertising and other marketing and promotional activities.

Additional Registration Data – Verified Account.Nationality, date of birth, residential address, copy of residential address proof, copy of personal identification document (for example passport, identification card, home return permit, etc.), personal identification document number, occupation, and source of funds.

If you choose to apply for account verification (in order to unlock additional payment and fund settlement features in ezsy), we use this information to:

  • to verify your identity; and
  • to facilitate payment and funds settlement.

Payments Information.Your credit card number, expiry, CVC and cardholder name. Please note that where a payment is processed by a third party payment service provider, we do not collect or store any Personal Information, though we may receive summary information about transactions.

  • to facilitate your purchases within ezsy; and
  • to validate your Identification.

Personal Information within Your Content

If any of your Personal Information comprises Your Content, we and our affiliate companies may (subject to this Privacy Policy) use such Personal Information in accordance with the “Your Content” section of the ezsy Terms of Service.

1.2.5 SHARING OF YOUR PERSONAL INFORMATION

We will not transfer your Personal Information to any other third parties except as specified below, or in circumstances where you consent to such transfer.

We share your information with selected recipients who have a legal basis and valid jurisdiction to request such data. These categories of recipients include:

  • government, public, regulatory, judicial and law enforcement bodies or authorities: where we are required to comply with applicable laws or regulation, a court order, subpoena or other legal process, or otherwise have a legal basis to respond to a request for data from such bodies, and the requesting entity has valid jurisdiction to obtain your personal information;
  • related group companies:we share your Personal Information within our group of companies for the purpose of:
    • providing ezsy to you, assisting us in carrying out the purposes set out under the “How We Collect and Process Your Information” section above, and carrying out our obligations and enforcing our rights under the ezsy Terms of Service or this Privacy Policy; and
    • in the event of an internal restructuring of our or our affiliates businesses, or the sale of ezsy or any of its assets to a third party, the entity that consequently operates ezsy may be a different entity to us and we will transfer your information accordingly so that your service can continue;
  • Third party service providers:service providers supplying services to support, improve, or advertise through our services. These include communication service providers who send SMSs on our behalf, VoIP providers for connection to traditional telephony services card processing and verification, and translation services. We also use service providers to help speed up content delivery to you in your region using acceleration points and content delivery networks; and to provide location and mapping data. Any third party (selected by us) with whom we share user data will provide the same or equal protection of user data as stated in this policy.
  • ezsy Official Accounts and Mini Program operators, other services via which you choose to use ezsy Login for third-party apps, if you elect to follow or use the relevant Official Account / Mini Program / ezsy Login for third-parties.

1.2.6 SHARED INFORMATION

ezsy enables certain information to be shared publicly with your ezsy contacts and other users of ezsy. At any time you can hide your profile from public view and search by unchecking “allow find by phone number in your account settings. This means that other users of ezsy will not be able to find you. We refer to this type of information above as Shared Information. Shared Information will remain publicly-available for so long as you or a user that has shared such information retains it. Even after you delete Shared Information, it may still be separately cached, copied, or stored by, or remain public through, other users or third parties who are not affiliated with and not controlled by us.

Where you have requested that we erase your Personal Information that we have made public and there are grounds for erasure, we will use reasonable steps try to tell others that are displaying the Personal Information or providing links to the Personal Information to erase it too.

Please consider carefully what you post and communicate through ezsy.In some instances, you may control what access the wider public has to your Shared Information via the privacy settings in ezsy.

1.2.7 COMMUNICATIONS FROM US

We may from time to time send you service-related announcements when we consider it necessary to do so (such as when we temporarily suspend ezsy for maintenance, or security, privacy, or administrative-related communications). We communicate these via website announcement, in-app announcement. You may not opt-out of these service-related announcements, which are not promotional in nature and used solely to protect your account and keep you informed of important changes ezsy.

1.2.8 SENSITIVE PERSONAL INFORMATION

In some jurisdictions, certain types of Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterised as “sensitive” and is subject to stricter regulation than other types of Personal Information. Please note that content and information that you input to ezsy, such as photographs or information about your school or social activities, may reveal your sensitive Personal Information to others.

Before communicating any Personal Information of a sensitive nature within ezsy, please consider whether it is appropriate to do so.

By posting any Personal Information of a sensitive nature within ezsy, you are consenting to such information being available within the controls you have selected (for example, available to the audience of users you select as being capable of viewing your post or profile information).

1.2.9 SOCIAL MEDIA SHARING

Sharing Your ezsy Data outside of ezsy

We provide other ezsy-related features that allow you to disclose Shared Information to audiences outside of your ezsy network – for example, publicly accessible blogs and forums, or certain social media features within ezsy (such as “plug-ins” (which create a direct link between two websites) and “widgets” (which are interactive Mini Programs that provide third party services within ezsy)) allow you to re-post and disclosure Shared Information. Any information you distribute using such features may be read, collected, and used by third parties that are not controlled by ezsy.

You may link your ezsy contact list to your contact lists on your device and/or in your account on third party services, in order to search for and connect with contacts on those contact lists who also have a ezsy account. ezsy will ask you to consent to accessing your contact list before doing so.

Accessing and Importing Information using ezsy

ezsy allows you to link your ezsy services with select third party social media services, and import certain content and information from such third party services. For example:

  • you may share content on, or login to, ezsy using services provided by third parties. These third party services will authenticate your identity and provide you with the option of sharing certain Personal Information with us. They may also give you the option to post information from your third party service account to ezsy as Shared Information.
  • you may login to ezsy using other sign-in services such as an Open ID provider. These sign-in services will authenticate your identity and provide you the option to share certain Personal Information with us for account registration and login purposes, such as your name and email address; and
  • ezsy may (whether in advertisements or otherwise within ezsy) provide you with links or features that allow you to access third party services or websites (or access within ezsy content that is hosted on those third party services or websites). For example, you may be able to access videos hosted by a third party without leaving the ezsy application.

Third party social media platforms are hosted by the relevant third party. ezsy services are hosted by us. Third parties that provide third party services may collect your Information (including your Personal Information and Log Data), and set cookies on your computer, or device to enable such features to function properly.

Your use of any third party services (whether social media services or otherwise), including any Personal Information you provide to such third parties and their collection and use of your Personal Information, are subject to the relevant third party’s own terms of services and privacy policies and not the ezsy Terms of Service or this Privacy Policy, so please review those third party terms carefully.

This Privacy Policy only applies to any Information collected by us, and does not apply to any services offered by or information practices of any third parties. If you choose to use third party services or features that are made available within ezsy (for example, you choose to follow an Official Account or use a Mini Program), then we will share certain information with that third party to allow you to use that third party service. The information we share with such a third party is described to you at the time you first use that service or feature, and that third party will provide the same or equal protection of user data as stated in the this policy. You can control which third parties have access to this information in your account. Please note however that if you ask us not to share that information with the third party, you may no longer be able to use that service or feature. We are not responsible for any third party use of any Information provided by you to them.

1.2.10 AGE RESTRICTIONS

ezsy is not intended for Children. Children under the age of 16 must not use ezsy for any purpose without first obtaining parental/guardian agreement to this Privacy Policy (both for themselves and on your behalf). We do not knowingly collect Personal Information from any children under the age of 16 without such consent. Please contact our Data Protection Officer if you believe we have any Personal Information from any children under the age of 16 without such parental/guardian consent – we will promptly investigate (and remove) such Personal Information.

1.2.11 LOCATION OF YOUR PERSONAL INFORMATION

The Personal Information that we collect from you will be transferred to, stored at, or processed in Singapore or Hong Kong. Our engineering, technical support, and other teams that support the supply of ezsy to you are based in our offices around the world and may have incidental access to certain of your data in order to provide the service (for example, in order to fix technical issues that you report).

SECURITY OF YOUR PERSONAL INFORMATION

We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorised access, or disclosure of Information – for example, we use encryption technology (such as SSL) to protect certain sensitive Information (such as Location Data) provided by you to us.

Please be aware that despite our efforts, no data security measures can guarantee 100% security at all times. We do not warrant or guarantee the security of ezsy or any information you provide to us through ezsy.

1.2.12 YOUR RIGHTS

Access & Correction

Upon request ezsy will provide you with information about whether we hold any of your personal information. You also have the right to access personal information we hold about you, how we use it, and who we share it with. You also have the right to correct that information.

You can access and correct your personal information by logging into your ezsy account at any time. For example, you can delete certain Location Data that you have provided us via your device settings or the “Clear Location” option within ezsy.

We may not be able to provide you with certain Personal Information if providing it would interfere with another’s rights (e.g. where providing the Personal Information we hold about you would reveal information about another person).

With respect to correction requests, where we agree that the Personal Information is inaccurate or incomplete, we will try to tell any third party to whom we have disclosed the relevant Personal Information so that they can rectify the Personal Information too.

Erasure

You can delete your account, or remove certain personal information, by logging into your ezsy account and following the account deletion instructions. You may request that we erase the Personal Information we hold about you in the following circumstances:

  • you believe that it is no longer necessary for us to have your Personal Information;
  • we obtained your consent to process the Personal Information and you withdraw that consent (and we have no other grounds for processing the Personal Information);
  • you believe we are unlawfully processing your Personal Information; or
  • you are or were under the age of 13 when we collected the Personal Information and we can verify your age.

Also note that you may exercise your right to restrict our processing of your Personal Information (as described below) whilst we consider a request to erase your data.

Please note, however, that we may retain the Personal Information if there are valid grounds under law for us to do so (e.g., for the defence of legal claims, freedom of expression or some other legal obligation) but we will let you know if that is the case.

Where you have requested that we erase your Personal Information that we have made public and there are grounds for erasure, we will use reasonable steps try to tell others that are displaying the Personal Information or providing links to the Personal Information to erase it too.

Restriction of Processing to Storage Only

You have a right to require us to stop processing the Personal Information we hold about you other than for storage purposes in certain circumstances. Please note, however, that if we stop processing the Personal Information, we may use it again if there are valid grounds under data protection law for us to do so (e.g. for the defence of legal claims or for another’s protection).

Where we agree to stop processing the Personal Information, we will try to tell any third party to whom we have disclosed the relevant Personal Information so that they can stop processing it too.

You may request we stop processing and just store the Personal Information we hold about you where:

you believe the Personal Information is not accurate (for the period it takes for us to verify whether it is accurate);

we wish to erase the Personal Information as the processing we are doing is unlawful (but you want us to retain the Personal Information and just store it instead); or

we wish to erase the Personal Information as it is no longer necessary for our purposes (but you require it to be stored for the establishment, exercise or defence of legal claims).

Portability

You have the right to receive a copy of certain Personal Information we collect from you. This comprises any personal information we process on the basis of your consent (e.g., voluntarily-provided profile data, social media content posted to Moments, content selected to store to Favourites) or pursuant to our contract with you (e.g., profile data). You have the right to receive this information in a structured, commonly used and machine-readable format. You also have the right to request that we transfer that personal information to another party.

If you wish for us to transfer the Personal Information to a third party, please ensure you detail that party. Note that we can only do so where it is technically feasible. We are not responsible for the security of the Personal Information or its processing once received by the third party. We also may not provide you with certain Personal Information if providing it would interfere with another’s rights (e.g. where providing the Personal Information we hold about you would reveal information about another person or our trade secrets or intellectual property).

Objection

You may object to our use of your Personal Information if we use your information on the basis of our legitimate interests (such as when we use your personal information for your account security, such as to prevent malicious log-ins).

To the extent provided by applicable laws and regulations, you may withdraw any consent you previously provided to us.

EZSY User Agreement

About this Agreement (Reg 28 version)

These Terms of Use stated herein constitute a legal agreement between you and EZSY Pte Ltd and its subsidiaries and associate companies, (hereinafter collectively referred to as “the Company”, “we”, “us” or “our”). Depending on the country of registration, different terms may apply to you.

EZSY is a mobile application that allows users to, inter alia, pay and receive funds from his or her contacts, pay and receive refunds from merchants, exchange foreign currencies and obtain merchant tokens from merchants and/or influencers for special promotions and deals (“our Services”).

Ezsy Pte. Ltd. (“ezsy”) is incorporated in Singapore and is currently operating under Regulations 28 (Exemption from requirement to hold standard payment institution licence) under the Payment Services Regulations 2019. As such, specified conditions will be applicable to the following services that we provide:

  1. account issuance service, e.g. e-wallet does not exceed S$1,000;
  2. domestic money transfer service, i.e. transfers within Singapore subject to conditions;
  3. cross-border money transfer service, subject to conditions;
  4. merchant acquisition service, e.g. QR pay; and
  5. e-money issuance service (where the total float held does not exceed S$5 million).

 

Notice for non-Singapore residents

EZSY Pte Ltd is operating under Regulations 28 of the Payment Services Regulations and does not hold a Standard Payment Institution licence nor a Major Payment Institution licence. Please note that you may not be able to recover all the money you paid to EZSY Pte Ltd if EZSY Pte Ltd’s business fails.

By downloading, installing, or using the EZSY mobile application and/or any associated software supplied by the Company (where applicable), you expressly acknowledge and agree to be bound by this User Agreement, our Privacy Policy, our Acceptable Use Policy or such other additional terms and conditions implemented from time to time.

This User Agreement, the Privacy Policy, the Acceptable Use Policy or such other additional terms and conditions shall be collectively referred to as the Legal Documents.

We may amend any of the Legal Documents from time to time. Such revised Legal Documents shall be effective as published on EZSY (https://www.ezsy.com/) or such other means as we may determine. Your continued use of EZSY and any associated software constitutes your consent and acceptance of the revised Legal Documents. If you do not agree to any of the terms and conditions of the Legal Documents, you must stop using EZSY and its associated software and its services and terminate your relationship with us.

EZSY Account

EZSY Account refers to Individual EZSY Account and/or the Corporate EZSY Account, where applicable. Your EZSY Account refers to your account with EZSY wherein you may use your EZSY wallet to transfer, pay, or convert fiat currencies, stablecoins (e.g. USDT) or Merchant tokens.

Eligibility for Individual EZSY Accounts

To open, use and maintain an Individual EZSY Account, you represent and warrant to us that you satisfy the following requirements:

  1. You must have full capacity and authority to bind yourself to the Legal Documents;
  2. You must have a valid mobile number as each Individual EZSY Account is registered to each person’s unique phone number;
  3. You must pass any due diligence checks we may implement from time to time;
  4. You must not have had any previous EZSY account suspended, revoked or closed by us; and
  5. You guarantee to us that your opening, using, and maintaining of the EZSY Individual Account does not violate any laws applicable to you.

Save for Corporate Accounts, each person can have only one Individual EZSY Account in his or her name. We may refuse the creation of duplicate accounts for the same person. Where duplicate accounts are detected, we reserve the right to close and/or merge such duplicate accounts in our sole discretion.

You shall only use your own Individual EZSY Account in your own name and not the account of any other person or entity or on the behalf of any other person or entity.

Eligibility for Corporate Accounts

EZSY welcomes entities to open, use and maintain a Corporate EZSY Account. A Corporate EZSY Account differs from an Individual Account in the following manners:

  • A Corporate EZSY Account does not have the same features as EZSY e-Wallet nor have the same e-money limits. Please contact us at support@ezsy.com if you are interested in having a Corporate EZSY Account for your business needs.

To open, use and maintain a Corporate EZSY Account, you and the entity are to satisfy the following requirements:

  1. You must have full capacity and authority to bind your entity to the Legal Documents;
  2. Your entity must hold a valid mobile number as each Corporate EZSY Account is registered to a unique phone number;
  3. You and your entity must pass any due diligence checks we may implement from time to time;
  4. You and your entity must not have had any previous Corporate EZSY account suspended, revoked or closed by us; and
  5. You and your entity guarantee to us that your opening, using, and maintaining of a EZSY Corporate Account does not violate any laws applicable to you.

Starting Up

In order to open and maintain your EZSY account, you must provide us with your personal information as prompted. We use the personal information you provide to us to establish and verify your identity as well as to conduct due diligence checks, including but not limited to Know-Your-Customer checks. Please visit our privacy policy for more information.

All information you provide to us must be accurate, complete and truthful at all times. You agree to promptly notify us of any changes to your personal information.

From time to time, we or our third party service providers may request for additional information or make additional enquiries necessary to verify your identity, mobile number, funding sources and/or transactions. You agree to cooperate with all such requests and answer all such enquiries with the best of your ability.

We may reject or cancel your EZSY Account registration application to register for a EZSY Account without providing you any reason.

Security Measures

You are responsible for maintaining adequate security and control over your EZSY Account and your mobile phone, including its login credentials and/or personal identification number (“PIN”) or any other codes used to login or access your mobile phone and/or EZSY).

You are advised to adopt the following security precautions and practices:

  1. Install and update your operating system, anti-virus, anti-spyware and firewall software in your mobile devices with the latest version available;
  2. Patch your mobile device with regular security updates provided by the operating system provider;
  3. Use a strong password, such as a mixture of letters, numbers, and symbols;
  4. Make regular backups of your data in your mobile device;
  5. Delete junk or chain emails;
  6. Do not open email attachments from strangers;
  7. Do not disclose personal, financial, or credit card information to suspect websites; and
  8. Do not use a mobile device which cannot be trusted.

With regards to your PIN in particular, you should not do any of the following:

  1. voluntarily disclose your PIN to any third party;
  2. disclose your PIN in a recognisable way in your EZSY username, on your mobile device or mobile device casing;
  3. keep a record of your PIN in any way that allows any third party to easily misuse your PIN.

 

Should you keep a record of your PIN, you should make reasonable efforts to secure the record by keeping it in a secure electronic or physical location accessible or known only to you or unlikely to be found by a third party.

EZSY Wallet

EZSY is equipped with an e-wallet (the “EZSY Wallet”). The EZSY Wallet is equipped to hold a wide range of fiat currencies and stablecoins (i.e. USDT) and at amounts of up to 8 decimal places. We may add additional fiat currencies, stablecoins and/or stop supporting any fiat currencies or stablecoins at any time without prior notice and in our sole discretion.

You may use your EZSY Wallet for a variety of purposes, including but not limited to, paying and receiving funds, paying for goods and services from merchants, and the exchange of currencies and stablecoins (i.e. USDT).

You acknowledge and agree that you are responsible for any taxes that may be applicable to the payments you make or receive.

When you fund, hold, transfer, withdraw or exchange any fiat currencies or stablecoins, you authorize us to execute the transaction and charge you with any applicable fees.

Status with MPI License: Once we obtain our MPI license, kindly note that for Singapore EZSY Account Holders (who reside in Singapore), there is a top up limit of S$5,000 (or its equivalent) and an annual aggregate transaction limit of S$30,000. This means that you will only be allowed to hold S$5,000 (or its equivalent in a foreign currency) in your EZSY Wallet and you will only be able to transfer an annual aggregate of S$30,000 (or its equivalent in a foreign currency). Both figures will be displayed in your EZSY Wallet to ensure you are able to plan your transactions.

You will also acknowledge that EZSY Wallet does not allow any conversion (buying / selling) between fiat currencies and Digital Payment Tokens (“DPTs”), which are crypto currencies or virtual currencies, under MAS’s definitions.

Funding your EZSY Wallet

You may choose to fund your EZSY Wallet by our accepted debit cards, credit cards, bank transfer, payment gateway, or such other methods of loading funds into the EZSY Wallet as are made available in EZSY (each a “Funding Source”). The chosen Funding Source must be in your name.

Where you have topped up your EZSY Wallet such that you hold fiat currency in your EZSY Wallet, such balance shall be referred to as “EZSY Credit” EZSY Credit is e-money as defined under the Payment Services Act 2019.

The number and type of Funding Sources available to you will depend on a variety of factors, including but not limited to, the country in which you have registered with EZSY, and the country in which you are using EZSY.

You acknowledge and agree that utilising any of the Funding Sources to fund your EZSY Wallet is not part of the Company’s Services. Such are services provided by third parties and as such, we are unable to guarantee the efficacy of the use of any particular Funding Source and we may change or stop offering a Funding Source at any time without notice.

If you top up via any Funding Source, you are deemed to have agreed to the terms of service of the Company’s processing partners and/or your financial institution (where applicable), including any fees or charges that may be imposed by such processing partners and/or your financial institution (if any).

Please be aware that you are prohibited from transferring, topping up or funding your EZSY Wallet with DPTs, crypto or virtual currencies or fiat currencies from illicit or anonymised sources. If the source of your DPTs, crypto or virtual currencies are found to have been through Anonymiser (anonymizing tool), Mixer (laundry service, tumbler), Tor, Dark Wallet or any tool to hide, comingle, layers, randomize the source or identity or IP address, you acknowledge and agree that we may reject, cancel and/or report your transactions accordingly.

You agree that we may issue a reasonable authorization hold, which is not an actual charge against your debit or credit card in order to verify your payment method. The hold may appear in your bank or card statement as “pending” The authorization hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.

There may be limits on the amount that can be funded and the number of fund transfers into your EZSY Wallet.

As EZSY Wallet purchases may involve card transactions through a financial institution, in the event of any error in such transaction resulting in chargebacks from the financial institution, the Company reserves the right to set-off the amount (up to the disputed amount) from your EZSY Credits or by any other way it deems fit in its sole discretion.

Current status: You cannot top up or withdraw any currency (physical) notes/coins. Any refunds will be via PayNow or Bank Transfer back to your designated bank account in Singapore that is in your name.

NOTE: Singapore EZSY Account Holders can only withdraw his or her EZSY Credits in Singapore Dollars to his or her personal bank accounts.

Current Status: We do not and will not provide any feature on EZSY which will allow users to trade physical foreign currency notes with one another or give users access to physical foreign currency notes (whether from EZSY itself or from other EZSY users).

Exchange Rates

We implement minimum thresholds for the conversion of EZSY fiat currencies.

The minimum amount required to convert EZSY fiat currencies is 0.01 and the maximum amount allowed to convert EZSY fiat currencies is subject to the stock and flow limits imposed by regulators in each respective country.

Our sources include XE.com, Morning Star, BTSE and a variety of banks and money changers. We may change the rates based on a number of factors: (i) Research conducted by the Operations Team, (ii) Price at which we bought the particular Currency, and (iii) Current market rate.

The Company does not determine the exchange rate and the exchange rate is determined solely by third parties.

You acknowledge and agree that in any exchange for EZSY fiat currencies or stablecoin, the actual exchange rate at which an order is executed may be different from the prevailing rate indicated in EZSY due to the fluctuations in price. You understand that we are not liable for any such price fluctuations.

You are responsible for all risks associated with having multiple fiat currencies or stablecoins in your EZSY Wallet, including any risks associated with fluctuations in the relevant exchanges rates over time.

You may not convert fiat currencies or stablecoins for speculative trading purposes, conversion arbitrage, or conversion options.

We may impose limits on the amount that can be exchanged and the number of exchanges in your EZSY Wallet.

The Company reserves the right to reverse any conversion with EZSY in its sole discretion.

Paying a Merchant

Please ensure that your EZSY Wallet has sufficient balance to pay a Merchant. In the event that your EZSY Wallet balance is insufficient, the transaction will be declined.

We may impose limits on the amount that can be paid to a Merchant and the number of payments to Merchants from your EZSY Wallet.

The Company reserves the right to reverse any payment to any Merchant in its sole discretion.

Merchant Tokens

You may claim or receive a variety of merchant tokens from time to time. Subject to additional terms and conditions as may be implemented by the relevant party, merchant tokens may be used to redeem special promotions and deals with Merchants and/or Influencers.

The merchant tokens are not legal tender or DPT or crypto currency. The merchant tokens are utility tokens that may be exchangeable with Ezsy Credits, subject to relevant governing conditions.

You may send merchant tokens to other EZSY Wallets or exchange merchant tokens with other EZSY Wallet holders according to the prevailing exchange rate.

You acknowledge and agree that in any exchange of merchant tokens, the actual exchange rate at which an order is executed may be different from the prevailing rate indicated in EZSY. You understand that we are not liable for any such fluctuations.

You are responsible for all risks associated with having multiple fiat currencies or stablecoins in your EZSY Wallet, including any risks associated with fluctuations in the relevant exchanges rates over time.

The Company reserves the right to invalidate all or any of the merchant tokens in connection with any fraudulent/unauthorized activity at the Company’s sole discretion.

You acknowledge and agree that the Company may suspend, reject, forfeit, reverse or refund the processing of any top-ups or withdrawals from the EZSY Wallet, any payments sent or received, or conversion transactions for any reason whatsoever. We may suspend, reject, forfeit, reverse or refund any transactions where we suspect you to have breached this User Agreement or be engaged in any illegal activities, including fraudulent transactions, money laundering, terrorism financing or other activities.

You acknowledge that you will not receive interest or other earnings on your EZSY Credits and that the Company is not a bank and therefore any deposit insurance schemes do not apply.

Refunds

Our refund policy is set out on our website. Our refund policy may change from time to time, according to the Company’s sole discretion.

Closing your Account

You may choose to close your EZSY account at any time, subject to any pending transactions. You may email us at support@ezsy.com. The Company shall process the closure of your EZSY account within 3 to 5 working days. The closure of your account is irreversible. All data within your EZSY account, including your transaction history will thereafter be deleted and removed when it is no longer necessary. EZSY keeps a copy of your transaction history for AML/CFT purposes and in the event of any disputes.

Your account may be classified as “dormant” if you do not enter the EZSY Application in 3 years. EZSY will endeavour to contact you from time to time about your EZSY Wallet and the remaining balance in your EZSY Wallet to prevent your account from being classified as dormant. Once classified as dormant, you may be required to verify your identity and your mobile phone number to use your EZSY account again.

Our fees

The charges, commissions and/or fees are set out before you execute any transaction. Please note that any charges, commissions and/or fees are subject to change from time to time at the Company’s sole discretion.

Notifications

By default, we will send you in-app notifications as well as email notifications about any outgoing and incoming transactions you make. We endeavour to notify you of such transactions in real-time. You are responsible for enable transaction notifications and to monitor such notifications sent to you.

You may choose to opt-out of any or all of such notifications at any time and we will comply with your notification preferences accordingly.

Customer Support

You are welcome to contact our Customer support team via e-mail at support@ezsy.com.

You should report any unauthorized, erroneous or disputed transaction to EZSY as soon as practicable to our customer support email. Where you are unable to report the unauthorized transaction as soon as practicable, we may ask for the reasons for the delayed report.

NOTE: For Singapore users, you may refer to our website for our place of business. For any queries, please direct them to support@ezsy.com and we endeavour to respond to you as soon as practically possible.

Our normal business days are Monday through Friday, 9am to 6pm. In the event of any changes to our normal business days or hours, we endeavour to publish such change in publicly available material.

Restrictions on the use of the EZSY mobile application

You must access and use our Services only for legal, authorised and acceptable purposes.

You shall not use (or assist others in using) our Services in ways that:

(a) violate, misappropriate, or infringe the rights of EZSY, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights;

(b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially, or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes;

(c) involve publishing falsehoods, misrepresentations, or misleading statements;

(d) impersonate someone;

(e) Hold negative balances in your EZSY Wallet. In the event that you hold a negative event, you agree to top up the negative balance immediately. We may use a debt collection service or take further legal action towards you to recover the negative balance. We may charge you for any costs incurred as a result of these additional collection efforts.

(f) Intentionally or knowingly providing inaccurate, false or misleading information to us;

(g) Directly or indirectly allowing another person or entity to use your EZSY Account or directly or indirectly using another person or entity’s EZSY Account;

(h) Illegal activities, including but not limited to fraudulent transactions, money laundering, terrorist financing, unlicensed moneylending, bribery and corruption, breach of applicable sanctions laws and regulations, or currency laws or regulations;

(i) Hacking activities such as the unauthorised infiltration, interference or expropriation designed to access, copy, disrupt, modify, delete, corrupt, damage, deactivate, disable, harm, or otherwise impede our software, our associated software, programs, firmwares, hardwares, computer systems, operating systems, or environments or that to our connection or services to or with our internet service providers, payment processors or other third party service providers;

(j) Create accounts for our Services through unauthorized or automated means, collect the information of or about our users in any impermissible or unauthorized manner, sell, resell, rent, or charge for our Services or distribute or make our Services available over a network where it can be used by multiple devices at the same time.

Third-party services

From time to time, EZSY may contain links leading to third party websites, payment channels, hyperlinks, applications which are not operated by EZSY (“third party content and services”). Such third party content and services are provided as a convenience and are operated by third parties, other than the Company. The Company shall not be responsible or liable, whether directly or indirectly, for any damage or loss caused or sustained by the user, in connection with the use or reliance on such third party content and services. Your use of such third party content and services are at your own risk. Please note that when you use third-party services, their own terms and conditions as well as their privacy policies will govern your use of such services.

Examples include, but are not limited to the following circumstances:

  • Using your Visa or Mastercard to top-up your EZSY Wallet;
  • Using Wechat’s QR Code Scanning function to top up your EZSY Wallet; and
  • Clicking on a third-party link whilst you are browsing EZSY.

Please note that when you use third-party services, their own terms and conditions as well as their privacy policies will govern your use of such services.

Intellectual Property

The Company exclusively owns all intellectual property rights embodied by, or contained in the EZSY mobile app, its Application Programming Interface (“API”) or any copies thereof. Such intellectual property rights include, but are not limited to, the trademarks, service marks, names, logos, designs, signs, acronyms and other insignia (whether registered or unregistered) used and displayed in or through the EZSY mobile application (the “Marks”).

The Company grants a non-exclusive and non-transferable license to electronically access and use the Services only in the manner described in the Legal Documents. The Company may revoke or terminate this license at any time in its sole discretion.

Nothing in the Legal Documents or the EZSY mobile application should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Trademarks, without our prior written approval.

Warranties

You represent and warrant the following to the Company:

  1. You are eligible to sign up and use the Services according to the criteria set forth in the Legal Documents and according to any applicable laws, applicable to you;
  2. You have the authority to execute and perform the obligations required according to the Legal Documents;
  3. You provide accurate and complete personal information;
  4. You will fulfill all of your obligations to us and comply with all laws applicable to you.

Disclaimers

The Company provides the services “as is” and “as available” without any warranty whatsoever.

The Company disclaims all express, implied, or statutory representations including but not limited to, any warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of warranty or guarantee.

The Company makes no express, implied, or statutory representations, warranties or guarantees about the following:

  1. the accuracy, reliability or correctness of any data provided through its Services,
  2. that the Services will meet your specific individual or merchant needs or requirements,
  3. that the Services will be available at any particular time or location,
  4. that the Services will function, function in an uninterrupted or timely manner, or be secure,
  5. the transaction processing times
  6. that the Services will correct any defects or errors in the Services, API, documentation or data, or
  7. that the Services are free of viruses or other harmful code.

Liability

You acknowledge that you are responsible for your compliance with any applicable law or regulation in the use of our Services. You agree to indemnify us and hold us harmless for any breach of any applicable law or regulation.

We disclaim and exclude all liability for your defective executions in relation to your use of our Services. This includes circumstances such as the following:

  1. any losses incurred as a result of providing or confirming inaccurate, false or misleading information;
  2. accidentally or unintentionally sending EZSY Credits, sending EZSY Credits to the wrong recipient or merchant;
  3. sending the wrong amount of EZSY Credits to a recipient or merchant;
  4. converting EZSY Credits into the wrong currency or converting the wrong amount of EZSY Credits into a different currency.

Whilst we may make reasonable efforts to assist you in recovering the funds involved in the transaction (and may charge you for doing so), we are unable to guarantee that you will be able to recover the funds involved in the transaction.

We limit our liability for any losses or damages you may incur arising from the use of our Services as a result of our breach of the Legal Documents to your actual direct losses or damages or the balance in your EZSY Wallet, whichever is lower.

We disclaim and exclude all liability for the following:

  1. any losses or damages caused by issues associated with the use of internet or electronic communications or technological attacks affecting you, us, your or our third party service providers, that may delay, interrupt, fail your use of our Services or infect your mobile device, computer equipment, data or other proprietary material;
  2. any consequential, incidental or indirect losses or damages (including but not limited to pure economic loss, loss of profits, loss of business or opportunities, depletion or goodwill and like loss) however caused, to the fullest and maximum extent as allowed by the applicable laws.

We are not responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from your use of EZSY and any of the Services.

Erroneous Transfers

In respect of erroneous transfers made (whether the wrong amount of EZSY Credits sent to a recipient or to the wrong recipient), kindly contact our customer service as soon as practicable. We will make reasonable efforts to recover the sum sent in error.

Refunds from Merchants

In respect of any refunds from merchants, kindly liaise with the merchant directly about the merchant’s own refund policy. Any refunds done by merchants are done at the merchant’s sole discretion.

Liability arising from unauthorised transactions

In accordance with MAS E-Payments User Protection Guidelines, kindly note the following:

You are responsible and liable for actual loss arising from an unauthorised transaction where the primary cause was due to your recklessness. This includes circumstances where you deliberately failed to comply with the Security Measures as set out above.

You are responsible and liable for authorised transactions where you attempt to act fraudulently to defraud any other EZSY user or EZSY itself.

Where you have complied with all the Security Measures above, you will not be responsible for any loss arising from an unauthorised transaction (in which you did not know of and did not consent to), if the loss arises from any action or omission by EZSY.

Where you have complied with all the Security Measures above, you will not be responsible for any loss arising from an unauthorised transaction that does not exceed S$1,000, if the loss arises from any action or omission by any third party.

Other terms and conditions

We may, at our discretion and/or in line with the applicable laws, impose limits on the amount of your balance that can be topped up, sent, paid or converted into another currency or the number of top-ups, transactions and conversions thereof.

The end-user shall not assign or transfer its rights or obligations under this Agreement without the prior written consent of EZSY. The Company may assign or transfer its rights or obligations under this Agreement without the end-user’s consent.

Nothing in this Agreement is intended to grant to any third party any right to enforce any term of this Agreement or to confer on any third party any benefits under this Agreement for the purposes of the Contracts (Rights of Third Parties) Act (Chapter 53B) of Singapore and any re-enactment thereof, the application of which legislation is hereby expressly excluded.

For the avoidance of doubt, your limitations and entitlements when using your EZSY Wallet may vary depending on a variety of factors, including the country in which you are using the application, the place where you registered an account with EZSY, the place where you initiated a transaction, the place where your funds are being transacted and/or your place of residence, in accordance with the respective laws and regulations.

You acknowledge that you will not receive interest or other earnings on your EZSY wallet balance and that the Company is not a bank and therefore any deposit insurance schemes do not apply. The balance set out in the EZSY shall serve as conclusive evidence of your EZSY Credits balance.

 

The governing law of this User Agreement shall be the local laws of where your account is registered. Any dispute between you and us in connection with your EZSY Account and/or this Agreement shall be brought in the courts of where your EZSY Account is registered.

Refund Policy

All requests for refunds are at the sole discretion of Eszy Pte. Ltd. and any subsidiaries or associates of the above mentioned companies (jointly referred to as “ezsy”).

REFUNDS

i)  If you make a request and are due a Refund in accordance with a Merchant’s after-sale service policy or a Refund is required by applicable law, the Merchant will process the Refund on the terminal using the refund code on the original customer or Merchant receipt. For the avoidance of doubt, the Merchant herein refers to any business, shop, retailer, e-commerce platform, user and/or company that uses ezsy application to receive and transfer payment, for profit or otherwise.

ii) Disputes and related grounds for refunds are to be settled between you and the Merchant. ezsy application is merely an enabler of transactions to take place between you and Merchants and/or other users.

iii) Any fee charged for transactions, transfers, withdrawals and related activity is not refundable.

SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US IN THESE TERMS OR FOR A PARTICULAR ITEM OR SERVICE WITHIN THE EZSY APPLICATION, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY ITEMS OR SERVICE WITHIN THE EZSY APPLICATION (WHETHER USED OR UNUSED).

If you believe that we have charged you in error, and subject to applicable laws and regulations: (a) you must contact us within 30 days of the date of the relevant charge; and (b) no refunds will be given for any erroneous charges after such 30 days period. We may process payments from you in the ezsy application via a third party service, and we may provide your relevant Information to such third parties to process your payments.

TERMINATION

These Terms will apply to your use of ezsy application until your access to the ezsy application is terminated by either you or us. You may terminate your use of the ezsy application, or any of the services accessible therein, at any time (including if we have told you about an upcoming change to all or part of the ezsy application or these Terms which you do not agree to).

Contact Us: support@ezsy.com