Terms & Conditions
Terms & Conditions for Fun Toast Mobile Application
1. Definitions and General Terms
1.1 “Application” means this mobile application.
1.2 “DBS” means DBS Bank Ltd. and its successors and assigns.
1.3 “DBS FasTrack” means the embedded order-embedded pay-fulfil technology developed for DBS.
1.4 “Fun Toast” means [Fun Toast Pte Ltd] and its successors and assigns and their outlet(s) operating under the name named “Fun Toast”.
1.5 “Payment Platform” means the payment service embedding DBS FasTrack as contained in this Application.
1.6 “Transaction” means any transaction made within the Application through the Payment Platform for the purchase of goods and/or services from Fun Toast.
1.7 “You” means a user of this Application.
1.8 This Application embeds DBS’ payment methods. Therefore, these terms and conditions governing the use of the Application and Payment Platform (“Terms”) incorporates DBS’ Terms and Conditions Governing Electronic Services* (“Electronic Terms”) and other terms and conditions which may be expressly stated in these Terms. If there is any conflict or inconsistency between these Terms and other terms and conditions, these Terms will prevail.
1.9 If DBS/POSB Credit Cards and/or DBS/POSB Debit Cards and/or DBS PayLah! are used with the Payment Platform, the relevant credit card agreement and/or debit card agreement and/or Terms and Conditions for DBS PayLah! Application shall continue to bind You.
2. Use of the Application and Payment Platform
2.1 By accessing and using the Application and the Payment Platform to make a Transaction, You agree to be bound by the Terms and Electronic Terms.
2.2 Only valid DBS/POSB credit/debit cards and/or DBS PayLah! may be used in the Payment Platform.
2.3 You may access the Application without creating and registering an account. However, You will be required to create and register an account with your valid email address (“Account”) in order to use the Payment Platform to make a Transaction. This Account shall be used to access the Payment Platform.
2.4 You will have the option to store your credit/ debit card details into the Account. If You choose to store your credit/ debit card details into the Account, You must create a personal password (“Password”) known only to You to access and use the Account and Payment Platform, and You shall be responsible for safeguarding the password and your device. An SMS OTP will be sent to You at the time of storing the credit/ debit card details via the mobile number registered in DBS’ records, and You must use it to complete the storage of credit/ debit card details into the Account.
2.5 You should immediately reset your Password should the Password be or is suspected to be compromised.
2.6 If You choose not to store your credit/ debit card details into the Account, You will only be required to use the valid email address registered with the Account to access the Account and the Payment Platform.
2.7 For each Transaction, should You choose to view your transaction history, it can be found in the Fun Toast App under My Orders.
2.8 It is your responsibility to keep your device and access to the Application secure. We, therefore, recommend that you do not jailbreak or root your device, which is the process of replacing and/or removing limitations set by your mobile service provider and/or the device’s manufacturer without their approval. It could make your device vulnerable to malware, viruses or malicious programs, compromise your device’s security features and/or the function or security of the Application.
3. Acknowledgement and Agreement
3.1 You acknowledge and agree that:
3.1.1 Fun Toast is responsible for the content in the Application and its accuracy, and DBS shall not be liable whatsoever for the said content;
3.1.2 You will be responsible for obtaining and using the necessary software and/or device, hardware and/or equipment necessary to obtain access to the Application and Payment Platform;
3.1.3 You will be responsible for your mobile service provider for all data charges relating to:
(a)the download of the Application;
(b)any updates You request in relation to the Application; and
(c)your ongoing access to and use of the Application;
3.1.4 You will not use the Application to conduct electronic spamming, upload content that contains viruses or malicious codes, perform unlawful activities, or engage in any other inappropriate activities as may be deemed by Fun Toast and/or DBS;
3.1.5 the access to and use of the Application is offered to You on an “as available, where available” basis;
3.1.6 You are solely responsible and liable for any access to and use of the Account effected through the use of your Password notwithstanding that your Password may have been used by any other person without your knowledge, authority or consent;
3.1.7 DBS reserves the right to investigate complaints regarding the use of the Application, the Account, the Payment Platform or reported violations of these Terms and/or the Electronic Terms and/or terms referred to in Clause 1.10, and to take any action DBS deems appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, the appropriate authorities or regulators and disclosing any information necessary or appropriate to such officials, authorities or regulators;
3.1.8 any feature or functionality of the Application may be changed at any time without any prior notice to You. Your continued use of the Application shall be deemed to be your conclusive acceptance of such changes; and
3.1.9 these Terms may be varied at any time. In relation to the amendment of the Electronic Terms, it shall be by such notification method as DBS may choose, including through its internet banking services, in local newspapers, in displays at DBS/POSB branches or via publication through any media. Such amendments, deletions and additions shall be effective on and from the date specified in the notice.
4. Limits of Responsibility and Liability
4.1 Fun Toast and DBS are not liable for any loss suffered by You or any third party arising from and in connection with your registration of, access to and use of the Application, the Account and the Payment Platform except where such loss is respectively attributable to Fun Toast or DBS’ negligence or wilful default. Without prejudice to the foregoing and Clause 3.1.1, DBS will not be liable for any inconvenience, loss, cost, damage or injury suffered by You or any third party arising from or in connection with:
4.1.1 compliance with any instruction given or purported to be given by You relating to a Transaction, notwithstanding that the integrity of the information comprised in such instruction may have been compromised or impaired during transmission, provided that such compromise or impairment would not have been apparent to a reasonable person receiving such instruction;
4.1.2 use of the Application and/or the Account by third parties, whether authorized or unauthorized by You;
4.1.3 theft or loss of your device, hardware and/or equipment on which the Application is installed;
4.1.4 your device is rooted and/or jailbroken;
4.1.5 your inability to effect or complete any Transaction due to system maintenance or breakdown/non-availability of any part of the Application and/or the Payment Platform;
4.1.6 You being deprived of the use of the Application and/or the Payment Platform;
4.1.7 any equipment or software providers, any service providers, any network providers (including but not limited to telecommunications providers, internet browser providers and internet access providers), or any agent or subcontractor of any of the foregoing; or
4.1.8 any act or omission by Fun Toast and/or DBS in compliance with any applicable laws and/or regulations, including laws governing personal data protection, and any instructions and/or directions given by any local or foreign regulatory body, government agency, statutory board, ministry, departments or other government bodies and/or its officials.
4.2 DBS shall not be responsible in any way for any direct, indirect, special or consequential, economic or other damages arising in any way from your entering into any Transaction using the Application or the Payment Platform.
4.3 You agree that any complaints, claims, disputes or refunds in relation to goods and services provided by Fun Toast shall be resolved between Fun Toast and yourself. DBS is not liable in any way for any claim or dispute arising between yourself and Fun Toast in relation to a Transaction. DBS is also not responsible for any benefits, discounts or programmes of Fun Toast or for delivery of the goods or services provided by Fun Toast. DBS makes no representation as to the quality, provision of performance of any such goods or services. You acknowledge that DBS is not acting as an agent for any Fun Toast.
4.4 You further agree that any complaints or feedback in relation to the Application shall be directed to and resolved amongst Fun Toast and yourself.
5. Intellectual Property
5.1 No part or parts of the Application and/or Payment Platform may be reproduced, distributed, republished, displayed, broadcast, hyperlinked, transmitted, adapted, modified to create derivative works or otherwise commercially exploited in any manner or by any means or stored in an information retrieval system without DBS’ prior written permission.
5.2 The trademarks, service marks, and logo of DBS and DBS PayLah! (“Trade Marks”) used and displayed in or through the Application are registered and unregistered Trade Marks of DBS.
5.3 Nothing in the Application should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trade Marks displayed in or through the Application, without DBS’ written permission.
6.1 Your use of the Application, the Account and/or Payment Platform may be terminated at any time at Fun Toast’s sole discretion and/or upon DBS’ request [Fun Toast Pte Ltd].
6.2 You shall not be entitled to any payment, compensation or damages from DBS and Fun Toast in relation to the termination of your access to and use of the Application, the Account and/or Payment Platform.
6.3 Fun Toast’s and DBS’s rights to suspend or terminate, or request suspension or termination of your access to and use of the Application, the Account, and/or Payment Platform shall be without prejudice to any other rights or remedies which DBS may have under these Terms, the Electronic Terms, the terms referred to in Clause 1.9 and at law.
7. Personal Data
7.2 You also consent to Fun Toast’s collection and use of your personal data, and the use and disclosure of your personal data by/to third parties for the purpose of a Transaction.
7.3 Should You consent to receive promotional emails, and You allow Fun Toast and DBS to use your email address for marketing purposes.
8. Law and Jurisdiction
8.1 These Terms shall be governed by and construed in accordance with the laws of Singapore and You irrevocably submit to the exclusive jurisdiction of the Singapore courts.
8.2 A person who is not a party to any agreement governed by these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Cap 53B) to enforce any of these Terms.
*can be found at http://www.dbs.com.sg/personal/deposits/terms-conditions-electronic-services.page