User Agreement – Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
  1. Background

    These terms and conditions represent the agreement between Splyt Technologies Pte Ltd and any person who accesses or uses Splyt (User Agreement). The Splyt app and website http://splyt.sg (Splyt) is owned and operated by Splyt Technologies Pte Ltd Registration No. 201614726C. By clicking the [“Accept”], or by accessing and/or using Splyt (whichever occurs first), the user (referred to in this User Agreement as You or Your) agrees to be bound by this User Agreement. Splyt Technologies Pte Ltd may amend or modify Splyt (including changing, deleting, discontinuing or imposing conditions on any of its functionality or features), this User Agreement or any Splyt Technologies Pte Ltd policy at any time. You will be able to discontinue and/or refrain from use of Splyt following such amendment or modification, if You choose to do so. If You don’t choose to do so, the amendments or modifications will apply to You.
  2. License

    Subject to this User Agreement, Splyt Technology Pte Ltd grants to You a non-transferable, nonexclusive, royalty-free, fully paid, worldwide license to install one copy of the Splyt software, in executable object code format only, solely on Your handheld mobile device and solely for Your personal use of the Splyt app. See clause 14 in relation to the restrictions on Your use of Splyt.
  3. Registration

    In order to use the services provided by Splyt, You must register to use Splyt and provide certain information (Customer Information) to Splyt Technologeis Pte Ltd or its third party contractors via Splyt or a nominated website to enable Splyt Technologies Pte Ltd to provide You with the Splyt functionality (Splyt Account). By registering and providing the Customer Information, You warrant that:
    • You are at least 18 years of age;
    • You are eligible to register and use Splyt and have the right, power and ability to enter into and perform under this User Agreement;
    • You will be solely responsible for the activity that occurs on Your Splyt Account;
    • You either:
      • are the authorised account holder of any valid credit card or debit card (Payment Card) registered under your User Account, or
      • Have the express permission of the authorised account holder. Splyt may conduct up to $1 preauthorisation to check the validity of the credit card, it will be voided once the credit card has been validated; or
    • You are the person responsible for the mobile device registered to your User Account or have the express permission of the mobile device owner;
    • You understand that it is your responsibility to ensure that your mobile device is compatible to use Splyt and that the mobile phone is correctly configured;
    • the Customer Information that You provide to Splyt Technologies Pte Ltd is Customer Information which you are lawfully entitled to provide and is not false, misleading, fraudulent or defamatory and does not infringe the intellectual property rights or other rights of any third party;
    • You will only provide current, accurate and up-to-date Customer Information and will continually update all Customer Information as required (including proof of identity which we may reasonably request);
    • You will keep Your registration username and password secure;
    • You will not impersonate any other person or use another person’s registration details nor use another user’s Splyt Account without their permission;
    • You will not harass or interfere with another user’s use and enjoyment of Splyt;
    • You will not use Splyt, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of Splyt (including the transmission of viruses, worms or any software intended to damage or alter computer systems or data); You will not attempt to gain authorised access to Splyt, or other networks or systems connected to or used together with Splyt; and
    • Your use of Splyt will be in compliance with this User Agreement.

    Splyt Technologies Pte Ltd is not responsible for any activity (including purchases made through Splyt) that may occur as a result of the disclosure by You of Your registration details and/or password to third parties, or through unauthorised access to or use of Your personal information.

    You are solely responsible for all activity that occurs via Your registration details and/or the use of Splyt on Your mobile device.

    You grant us permission to use Your Customer Information to provide You Splyt, related services and for related purposes. You acknowledge that in order for Splyt Technologies Pte Ltd to provide the services of Splyt and related services, Splyt Technologies Pte Ltd may share your Customer Information with other parties.

  4. Compatible mobile devices and third party carriers

    Splyt enables You to make payments on compatible mobile devices. Devices modified contrary to the manufacturer’s software or hardware guidelines, including but not limited to those with disabled hardware or software controls (sometimes referred to as “jail broken”) are not compatible devices.

    • You acknowledge that the use of a modified device to use the Splyt app is expressly prohibited, constitutes a violation of this User Agreement, and is grounds for termination of Your Splyt Account.
    • Splyt Technologies Pte Ltd does not warrant that Splyt will be compatible with Your mobile device or third party carrier.
    • It is Your responsibility to ensure that You download the correct application for Your device.
    • Your use of Splyt may be subject to the terms of Your agreements with Your mobile device manufacturer and Your carrier. It is your responsibility to comply with such agreements.
  5. Products

    • By using Splyt You may be able to purchase goods or services (Products). These Products are advertised, promoted, offered, sold and/or supplied by third parties (Vendors).
    • Splyt Technologies Pte Ltd is not the supplier of any Products that You may view or purchase through Splyt. Splyt is designed to facilitate Your transaction with the relevant Vendor(s).
    • Representations about Products are based on information and material provided to Splyt by the relevant Vendor. You acknowledge that Splyt Technologies Pte Ltd takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties or Vendors on Splyt. For the avoidance of doubt any images contained in Splyt are for illustration purposes only and may not reflect the actual Products offered by a Vendor.
    • The Vendor(s) is entirely responsible for all Products made available and or purchased through Splyt. You should refer to any applicable terms and conditions provided by the Vendors in connection with the Products. All disputes relating to the quality of Products must be directed to the Vendor.
    • Any dispute between You and the Vendor (for example in relation to the Product quality or customer service) must be resolved by You and the Vendor. Splyt is under no obligation to resolve or assist You in resolving a dispute with a Vendor.
  6. Purchases

    • Promotions, advertisements, descriptions or other information provided in relation to Products via Splyt (Product Representations) do not constitute an offer to sell You the Products or guarantee the availability of Products. The Product Representations are made available so that You can submit a request for a Product(s) via Splyt (Order).
    • When You make a purchase (Purchase), the applicable Vendor will confirm via Splyt:
      • the details of the Purchase, including item name and value;
      • the final price for the Purchase (including any relevant surcharges);
      • any terms and conditions applicable to the Purchase; and
      • any other information relevant to the Purchase.
    • When You open a tab at a Vendor location (Tab), You agree to authorise Splyt to acquire a pre-authorisation from Your chosen Payment Card. The amount pre-authorised will be in increments of $100 and as You reach within $10 of the pre-authorised limit we will conduct a further authorisation for $100. You acknowledge that this pre-authorisation will be closed when the Purchase amount is settled and that the pre-authorisation can take up to 10 working days to be released from Your nominated Payment Card.
    • Payment for a Purchase will be processed after You close Your Tab or pay the Purchase amount.
    • You will be emailed a tax invoice for Your purchase.
  7. Price and payment

    • If You open a Tab and spend less than $20 You may be charged a $0.50 gateway fee.
    • All prices for Products are shown in Singapore dollars, inclusive of Service Charge and GST where applicable, and are current at the time of display, in accordance with the information provided to Splyt by the relevant Vendor.
    • Payment for Products must be made by Payment Method. You will be asked to nominate a Payment Method on registration with Splyt or when You make Your first Purchase. Payment Method registration and payments are processed on Splyt Technologies Pte Ltd’s behalf by the third party payment provider identified at the time You register Your payment details via Splyt (Payment Provider). Your Payment Method details are sent to the Payment Provider in a secure and encrypted format and will not be viewed, collected or stored by Splyt Technologies Pte Ltd or any other party other than the Payment Provider. You should review the Payment Provider’s terms of service and privacy policy on registration.
    • Splyt Technologies Pte Ltd is not responsible for any errors made by the Payment Provider.
    • Splyt works with any Singapore-issued and most non-Singapore-issued credit cards and debit cards with a Visa, MasterCard or American Express logo.
    • You acknowledge that Your Payment Card provider may charge additional fees in accordance with Your arrangements with that card provider. Splyt Pte Ltd is not responsible for any such fees or charges.
    • It is Your responsibility to ensure that all items on Your Tab are correct and that You pay the correct amount to each Vendor at the time of payment. If You believe an item has been added incorrectly to Your Tab, You must raise this with the Vendor before the Tab is closed. Once the Tab has been closed and payment made, Splyt Technologies Pte Ltd will not be responsible and will have no involvement in any disputes regarding any incorrect final Purchase amount accepted by the Vendor or made by You.
    • Any promotional code (Promotional Code) You wish to use must be applied to Your Splyt Account before opening a Tab with a Vendor. If a Promotional Code is applied after opening a Tab, the Promotional Code will apply to the next Tab You open, or will expire if Your next Tab is not opened before expiry of the Promotional Code.
    • Only one Promotional Code can be used per Tab. If more than one Promotional Code is registered with Your Splyt Account, they will be applied in the order which they were added to Your Splyt Account providing they have not since expired.
    • Promotional Codes cannot be used in conjunction with any other Splyt offers.
    • From time to time via Splyt, a Vendor may offer discount promotion vouchers on the total value of Products that You purchase from the Vendor, which can be linked to a Tab opened at the Vendor’s location via the ‘Campaign’ function (each a ‘Discount Promotion‘). The Discount Promotion that is shown on the Splyt app may be less than the Discount Promotion agreed between Splyt Technologies Pte Ltd and the Vendor.
    • Discount Promotions are limited in number and may be limited to certain times specified in the promotion by the Vendor, and, may specify a minimum value of Products that You must purchase from the Vendor (Minimum Purchase) before You are eligible for the Discount Promotion to be applied to Your Tab. Please note that not all Discount Promotions are shown to all customers at all times and may vary customer to customer. Confirmation of the Discount Promotion will appear in the app once a Tab has been opened. If a Tab does not have confirmation, no discount will be applied.
    • If a Promotional Code is used in conjunction with a Discount Promotion (eg up to 40% off), the Promotional Code amount will not count towards the Minimum Purchase required to activate the Discount Promotion. For example, with a $10 Promotional Code, and a Discount Promotion requires a minimum spend of $50, you will need to spend $60 inclusive of your promotion to activate the saving.
    • Some venues may have a processing fee for using a payment source (Processing Fee) which is always listed prior to opening a Tab. If a venue has a Processing Fee, this amount will not count towards a Minimum Purchase for a Discount Promotion to be activated.
    • Discount Promotions will be applied on a ‘first come first served’ basis, and once the number of Discount Promotions on offer by a Vendor at a particular Vendor location have been claimed, no further Discount Promotion will be applied by Splyt to any Tab.
    • A Discount Promotion cannot be used in conjunction with any Promotional Code or any other offer.
    • If You open a Tab at a Vendor location where the Vendor currently offers a Discount Promotion:
      • the highest percentage Discount Promotion then remaining which is offered by the Vendor at the time You open Your Tab, will be automatically applied to Your Tab, and You are not eligible to choose another Discount Promotion offered by that Vendor at that time; the Discount Promotion will be confirmed when you have opened your Tab;
      • that Discount Promotion will only apply to one (1) Tab, and will not be applied to any subsequent Tab that You open at that Vendor location;
      • if, at any time after You open Your Tab, there is no purchase recorded to your Tab through the Splyt App or You are not present in the venue for a period of up to 3 consecutive hours, Your Tab may automatically be closed and Splyt Technologies Pte Ltd is not responsible if the same Discount Promotion (or any other Discount Promotion) is not available after such closure of Your Tab;
      • if a Vendor has specified a Minimum Purchase for a Discount Promotion, then Splyt will not facilitate the Discount Promotion when Your Tab is closed, unless You have made the Minimum Purchase; Tips for venue staff do not contribute towards the Minimum Purchase.
      • You acknowledge that not all Vendors permit You to increase the limit on Your Tab after You have opened a Tab at the Vendor’s location, and it is Your responsibility to ensure that Your Tab limit will permit You to make any applicable Minimum Purchase at the time You open Your Tab;
      • If a Vendor’s Discount Promotion specifies that it can only be redeemed during a certain period of time, then Splyt will not facilitate any such discount unless You have opened Your Tab during the time specified in the Discount Promotion;
      • Splyt only facilitates a Discount Promotion on the amount of Your Tab where payment is facilitated via Splyt. If You choose to pay any part of your Tab directly to the Vendor in a way which is not facilitated by Splyt, the Discount Promotion will only be applied to that part of Your Tab where payment is facilitated by Splyt and any amount that You pay directly to the Vendor by any other method will not be counted towards the Minimum Purchase; and
      • if a Promotional is applied to your Tab, the discount will only be applied to the Total of the Tab after the promotional value has been subtracted. If the Promotion takes your Tab below the Minimum Purchase of the offer no discount will be applied eg 40% off when you spend $50.
    • If You purchase, or seek to purchase, any liquor Product from a Vendor, and a Discount Promotion applies to that purchase, You acknowledge and agree:
      • Splyt Technologies Pte Ltd supports the responsible service and consumption of alcohol;
      • the service, sale or supply of any liquor Product to You by the Vendor is subject to applicable laws and applicable standards and guidelines issued by regulatory authorities with relevant jurisdiction, including responsible service of alcohol and liquor harm minimisation; and
      • Splyt Technologies Pte Ltd is not responsible if the Vendor:
        • refuses to serve, sell or supply any liquor Product to You, and as a result You are not eligible for a Discount Promotion to be facilitated by Splyt when Your Tab is closed;
        • at any time refuses You access to the Vendor’s location or requires You to leave the Vendor’s location, and as a result You are not eligible for a Discount Promotion to be facilitated by Splyt when Your Tab is closed; or
        • at any time varies, ceases to offer, or withdraws, a Discount Promotion, including after You have opened Your Tab.
      • Any dispute You have regarding a refund must be made by contacting Splyt within 28 days of payment.
      • With the Splyt app, You may be able to share and split payments for Products via the Splyt app on the following terms and conditions:
        • a Tab must be created in accordance with clause 3 and the person who first opens the Tab and is given an account number (Payer);
        • the Tab will then be broadcast to other persons with whom you choose to share the Tab (Sharer);
        • some venues include a credit card surcharge which is applicable to all payments via credit card at that venue, which might be applicable to both the Sharer and the Payer. In both cases, these charges will be highlighted prior to the payment; and
        • no Promotional Codes may be used as a form of split payment. Only Payment Cards may be used to contribute towards a split payment.
      • Some venues may require You to tell your server that you will be paying with Splyt prior to ordering. If this is not done, the discount may not be applied.
  8. Unauthorised or illegal use

    • If You believe that there is an error or unauthorised transaction associated with Your Splyt Account, You should contact us immediately.
    • Splyt Technologies Pte Ltd may decide not to authorise or allow any transaction or Splyt Account if we believe that the transaction or Splyt Account is in violation of this User Agreement or any other Splyt Technologies Pte Ltd agreement, or that it exposes You, other Splyt customers, Splyt Vendors or Splyt Technologies Pte Ltd to harm, including fraud and other criminal acts. If Splyt Technologies Pte Ltd reasonably suspects that Your Splyt Account has been used for an unauthorised, illegal or criminal purpose, You give us express authorisation to share information about You, Your Splyt Accounts, and any of Your transactions with law enforcement.
  9. Termination and suspension

    • Should Splyt Technologies Pte Ltd need to conduct an investigation or resolve any pending dispute related to Your Splyt Account, we may restrict Your access to Your Splyt Account for any period of time necessary. Splyt Technologies Pte Ltd may also restrict Your access to Your Splyt Account as necessary to comply with any applicable law or court order, or if otherwise requested by law enforcement or governmental entity. You will be notified of such restricted access unless Splyt Technologies Pte Ltd is legally prevented from notifying you.
    • Splyt Technologies Pte Ltd reserves the right to terminate or suspend Your access to Splyt for a breach of this User Agreement. If your access is suspended, Splyt Technologies Pte Ltd may renew access once we have reasonably formed the view that the reason for the suspension has been suitably remedied.
    • Without limiting the scope of clause 2 Splyt Technologies Pte Ltd may terminate Your access to Your Splyt Account if You:
      • have breached any other agreement You have with Splyt Technologies Pte Ltd;
      • have breached any of Splyt Technologies Pte Ltd’s policies;
      • pose an unacceptable credit or fraud risk;
      • provide any false, incomplete, inaccurate, or misleading information; or
      • use Splyt in a way associated with unlawful, fraudulent or criminal conduct.
    • If there is no activity in Your Splyt Account (including access or payment transactions) for at least two years (consecutively), we will notify You by sending You an email to the email address associated with Your Splyt Account and give You the option of keeping Your Splyt Account open. If You do not respond to our notice within thirty calendar days, we will close Your Splyt Account.
    • Splyt Technologies Pte Ltd will not be liable to You for compensation, reimbursement, or damages in connection with Your use of Splyt, or in connection with any termination or suspension of Your Splyt Account. Any termination of Your Splyt Account does not relieve You of any obligations to pay any fees or costs accrued prior to the termination and any other amounts owed by You to us as provided in this User Agreement.
  10. Warranties and limitation of liability

    • To the extent permitted by law, these terms and conditions exclude all conditions, warranties, guarantees, rights, remedies, liabilities and other terms implied by statute, custom or the common law. Where legislation implies any condition or warranty, and that legislation prohibits Splyt Technologies Pte Ltd from excluding or modifying application of, or its liability under, any such condition or warranty, that condition or warranty will be deemed included for the minimum timeframe possible but Splyt Technologies Pte Ltd’s liability will be limited for a breach of that condition or warranty to the minimum remedy provided for in that law.
    • Splyt Technologies Pte Ltd and its directors, employees and affiliates do not warrant that the service provided by Splyt is accurate, reliable or correct; that the service will be available at any particular time or location, interrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.
    • You acknowledge that any content or data downloaded or otherwise obtained through the use of Splyt is downloaded at Your own risk and You will be solely responsible for any damage to Your property or loss of data that results from such download.
    • You acknowledge that to the extent permitted by law Splyt Technologies Pte Ltd does not accept liability for any errors, omissions, expenses, losses or damages caused by:
      • Your access to and/or use (or inability to use) the Splyt app and/or website;
      • malware, viruses or any incorrectness or incompleteness of Splyt (unless such damage is the result of any wilful misconduct from Splyt Technologies Pte Ltd);
      • representations made by Vendors via Splyt (including where inaccurate information or material has been provided);
      • Your purchase or use of any Products;
      • Your provision of personal or information via Splyt (including details relating to the Payment Method);
      • any failure or delay in the electronic communication systems, including networks or servers, used to provide Splyt; and/or
      • any act or omission by your Payment Provider, regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Splyt Technologies Pte Ltd has been advised of the possibility of such damage.
  11. Indemnity

    As a condition of Your use of Splyt, You agree to indemnify and keep indemnified Splyt Technologies Pte Ltd and all of its officers, agents, employees and contractors (Personnel) against all claims, obligations, liabilities, expenses, losses, damages and costs (on a solicitor and own client basis and whether incurred by or awarded against Splyt Technologies Pte Ltd or its Personnel) that Splyt Technologies Pte Ltd or its Personnel may sustain or incur as a result, whether directly or indirectly, of:
    • any breach of this User Agreement by You;
    • Your access to and/or use or misuse of Splyt, including any data or content transmitted or received by you;
    • Your violation of any applicable law, rule or regulation;
    • any other party’s access and use of Splyt using your Splyt Account; and
    • any claim or loss of, or damage to, any property, or injury to, or death of, any person (including You) caused by Your access to and/or use of Splyt.
  12. Privacy

    • We care about Your privacy. Upon acceptance of this User Agreement, You confirm that You have read, understood and accepted Splyt Technologies Pte Ltd’s Privacy Policy (see the policy at the attached link:http://www.splyt.sg/privacy). Splyt Technologies Pte Ltd Privacy Policy applies to that part of Your Customer Information that is “Personal Information”.
    • We have implemented technical and organisational measures designed to secure Your personal information from accidental loss and from unauthorised access, use, alteration, or disclosure. However, we cannot guarantee that unauthorised third parties will never be able to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide Your personal information at Your own risk.
  13. Intellectual property rights

    • All copyright, trade marks and other intellectual property rights in Splyt and the information and material contained on Splyt is owned by or licensed to Splyt Technologies Pte Ltd. Trade marks and other rights used under license by Splyt Technologies Pte Ltd (for example, in advertising Vendors or Products) are used with permission and are owned by the relevant third party.
    • Except as permitted under Singapore Personal Data Protection Act 2012 (PDPA), or any other applicable law in the location from which You access Splyt, You may not, regardless of the purposes of Your actions:
      • adapt, reproduce, copy, publish, publicly perform, stream, broadcast, transmit or distribute copies of any information or material found on Splyt in any form (including by e-mail or other electronic means), without Splyt Technologies Pte Ltd’s prior written consent;
      • modify, disassemble, decompile, make derivative works of or reverse engineer the Splyt software;
      • rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Splyt software to any third party;
      • remove, circumvent, disable, damage or otherwise interfere with security-related features of the Splyt software; or
      • access Splyt in order to build a similar or competitive product or service.
  14. Third party services

    • You may be offered through Splyt services, products and promotions provided by other parties that are not owned or controlled by Splyt Technologies Pte Ltd and are not Vendors (Third Party Services). If You decide to use these Third Party Services You will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that Splyt Technologies Pte Ltd is not responsible for the performance or purchase of these services. Splyt may contain links to third party websites as a convenience to You. The inclusion of any website link does not imply an approval, endorsement or recommendation by Splyt Technologies Pte Ltd. You agree that You access any such website at Your own risk, and that the website is not governed by this User Agreement. Splyt Technologies Pte Ltd expressly disclaims any liability for these websites. Once You access a Third Party Service, our Privacy Policy is no longer in effect and You may be subject to the privacy policies and other rules of the third party website.
    • Splyt Technologies Pte Ltd does not warrant, endorse, guarantee or assume responsibility for any Third Party Service or any hyperlinked website or service, or featured in any banner or other advertising, and Splyt Technologies Pte Ltd will not be a party to or in any way monitor any transaction between You and providers of Third Party Services.
  15. Disputes

    • You acknowledge and agree that any disputes in relation to Splyt are to be determined by the laws of Singapore.
    • Upon any dispute with Splyt Technologies Pte Ltd arising, You agree to first contact Splyt Technologies Pte Ltd at support@splytpay.com and attempt to resolve the dispute with us.
    • In the event that You and Splyt Technologies Pte Ltd are unable to resolve the dispute, you agree that the dispute will be referred to mediation conducted according to Singapores respective guidelines.
    • With the exception of urgent interlocutory relief, the mediation of a dispute under clause 3 is a condition precedent to the commencement of any litigation by either You or Splyt Technologies Pte Ltd.
  16. Whole agreement

    • Except as expressly provided for in this User Agreement, the terms and conditions in this User Agreement are a complete statement of the agreement between You and Splyt Technologies Pte Ltd.
    • If the event of a conflict between this User Agreement and any other Splyt Technologies Pte Ltd agreement or policy, the terms and conditions of this User Agreement shall prevail.
    • If any of the terms and conditions of this User Agreement is held to be invalid, unenforceable or illegal for any reason, it shall be changed and interpreted to accomplish the objectives of such term or condition to the extent possible and the remaining terms and conditions will nevertheless continue in full force.
    • Headings are for convenience only and shall not be considered in interpreting the terms and conditions of this User Agreement.
    • Upon termination of this User Agreement and Your Splyt Account, the terms and conditions of this User Agreement which by their nature are intended to survive termination shall survive and remain in effect.
  17. General

    • This User Agreement, and any rights, obligations and licenses granted under it, may not be transferred, assigned or subleased by You.
    • Splyt Technologies Pte Ltd accepts no liability for any failure or delay in complying with any term or condition of this User Agreement where such failure or delay is due to circumstances beyond Splyt Technologies Pte Ltd’s reasonable control.
    • If Splyt Technologies Pte Ltd waives any rights available to it under this User Agreements on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by Splyt Technologies Pte Ltd or its authorised representative.

If you have any questions regarding this User Agreement, or wish to obtain additional information, please contact us at support@splytpay.com.