TERMS AND CONDITIONS
Users shall comply with each of the following requirements when using
services provided by Brdgx.
1. About us
1.1 Company details. Brdgepay Pte. Ltd. (company registration number 201625099R) (we and us) is a company registered in Singapore and our registered office is at Mountbatten Centre, 231 Mountbatten Road Block D #01-02 Singapore (397999). We operate the website https://www.brdgx.com/.
1.2 Contacting us. To contact us, you may send a sms to +65 91729552, telephone our customer service team at +65 69085349 or e-mail email@example.com.
1.3 Our regulator. We are regulated by the Monetary Authority of Singapore under the Payment Services Act.
2. Our Contract With You
2.1 Our contract. These terms and conditions (Terms) apply to the order by you and supply of Services by us to you (Contract). They apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.
2.2 Authorised Agent. If you wish to appoint an authorised person to transact with us on your behalf (Authorised Agent), you must sign an Authorised Signatory Form and be bound by the terms stated in the said Form. We are entitled to fully rely and act on your instructions for the Services. We are entitled to regard any instruction from the Authorised Agent as fully authorised by and binding on you. If you are contracting with us as an intermediary (being a remittance agent or equivalent) (Intermediary) on behalf of your principal(s) (Ultimate Client(s)), we do not regard the Ultimate Client(s) as our customer. The Intermediary is fully responsible for all acts and omissions of the Ultimate Client(s).
2.3 Entire agreement. The Contract is the entire agreement between you and us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
2.4 Language. These Terms and the Contract are made only in the English language.
3. Placing An Order And Its Acceptance Or Rejection
3.1 Placing your order. Please follow the onscreen prompts to place your order. You may only submit an order using the method set out on the site. Each order is an offer by you to buy the services specified in the order (Services) subject to these Terms.
3.2 Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
3.3 Acknowledging receipt of your order. After you place your order, you will receive a Whatsapp message from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted.
3.4 Full payment before execution. Each order will comprise the desired amount you wish to exchange for another currency or remit (Transaction Amount) and the fees we charge (as described in clause 7) for performing the Services (Charges). You must pay both the Transaction Amount and the Charges to us in full and cleared funds before we begin the render the Services to you.
3.5 Accepting your order. Our acceptance of your order takes place when we send a Whatsapp message to you to accept it (Order Confirmation), at which point and on which date (Commencement Date) the Contract between you and us will come into existence. The Contract will relate only to those Services confirmed in the Order Confirmation.
3.6 If we cannot accept your order. If we are unable to supply you with the Services for any reason, we will inform you of this by a Whatsapp message or email and we will not process your order. If you have already paid for the Services, we will give you a full refund.
3.7 We have the right in our sole and absolute discretion to refuse to process your order if:
(a) You fail to send us the both the Transaction Amount and Charges by the stated time and date;
(b) You provide incomplete or insufficient identity information and documentation;
(c) You provide us with incomplete or inaccurate information;
(d) We have reason to believe that the information you provided is unauthorized in any way;
(e) The use of our Services may violate any applicable law or regulation; and
(f) There is a market-wide disruption or failure.
4. Cancelling Your Order
4.1 You cannot cancel the Contract unless we expressly agree to it. To cancel the Contract, you must send an email to us. We will email you to confirm we have received your cancellation.
4.2 If you cancel the Contract, we will deduct from any refund our fees, costs and expenses which we may incur as a result of your cancellation.
4.3 Notwithstanding the above, you cannot cancel the Contract once we have completed the Services.
5. Our Services
5.1 Descriptions and illustrations. Any descriptions or illustrations on our website are published for the sole purpose of giving an approximate idea of the services described in them. They will not form part of the Contract or have any contractual force.
5.2 Compliance with specification. Subject to our right to amend the specification (see clause 3) we will supply the Services to you in accordance with the specification for the Services appearing on our website at the date of your order in all material respects.
5.3 Changes to specification. We reserve the right to amend the specification of the Services due to any error whatsoever which we detect, or if required by any applicable statutory or regulatory requirement or if the amendment will not materially affect the nature or quality of the Services and we will notify you in advance of any such amendment.
5.4 Time for performance. We will use all reasonable endeavours to meet any performance dates specified in the Order Confirmation, but any such dates are estimates only and failure to perform the Services by such dates will not give you the right to terminate the Contract.
6. Our Respective Obligations
6.1 It is your responsibility to ensure that:
(a) you keep your login details safe and secure;
(b) the terms of your order are complete and accurate;
(c) transfer of the Transfer Amount and Charges have been made and duly received by us within the stipulated timeframe;
(d) you co-operate with us in all matters relating to the Services; and
(e) you provide us with such information and materials we may reasonably require in order to supply the Services and ensure that such information is complete and accurate in all material respects.
6.2 You represent and warrant to us at all times that:
(a) you are acting for your own account, if you are an Authorised Agent for your principal, or if you are an Intermediary for the benefit of your Ultimate Client(s) and no one else. You agree that we shall not be a principal to any transaction you enter into with your Ultimate Client(s);
(b) you obtain and maintain all necessary licences, permissions and consents which may be required for the Services before the date on which the Services are to start;
(c) you use our Services and our platform only for lawful purposes;
(d) you have full title to all money and assets which you transfer us; and
(e) the identity information and documentation you have provided to us are complete and accurate.
6.3 We represent and warrant to you at all times that:
(a) we have the necessary licences to conduct business which pertain to the Services;
(b) we comply with all applicable laws and regulations regarding your use of the Services and our platform; and
(c) we provide the Services to you with reasonable care and skill.
6.4 If our ability to perform the Services is prevented or delayed by any failure by you to fulfil any obligation listed in clause 1 (Your Default):
(a) we will be entitled to suspend performance of the Services until you remedy Your Default, and to rely on Your Default to relieve us from the performance of the Services, in each case to the extent Your Default prevents or delays performance of the Services. In certain circumstances Your Default may entitle us to terminate the Contract under clause 13 (Termination);
(b) we will not be responsible for any costs or losses you sustain or incur arising directly or indirectly from our failure or delay to perform the Services; and
(c) it will be your responsibility to reimburse us on written demand for any costs or losses we sustain or incur arising directly or indirectly from Your Default.
7.1 In consideration of us providing the Services you must pay our charges in accordance with this clause 7.
7.2 The Charges are the prices quoted on our site at the time you submit your order.
7.3 We use our reasonable efforts to ensure that the prices stated for the Services are correct at the time when the relevant information was entered into the system.
7.4 Our Charges are exclusive of GST. Where GST is payable in respect of some or all of the Services you must pay us such additional amounts in respect of GST, at the applicable rate, at the same time as you pay the Charges.
7.5 You acknowledge that we will not pay you any interest on any payment by you or any foreign currency funds purchased in connection with a Contract or otherwise.
7.6 It is always possible that, despite our reasonable efforts, some of the Services on our site may be incorrectly priced. If the correct price for the Services is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Services at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Services and refund you any sums you have paid.
8. How To Pay
8.1 Payment for the Services is in advance. We will take your payment upon acceptance of your order.
8.2 Payment for the Services is by electronic transfer to our designated bank account.
8.3 We will send you an electronic invoice following payment.
9. Intellectual Property Rights
9.1 All intellectual property rights in or arising out of or in connection with the Services will be owned by us.
10. How We May Use Your Personal Information
10.1 The collection, usage, disclosure and processing of your personal data are in accordance with the Personal Data Protection Act 2012 of Singapore (“PDPA”). We will use any personal information you provide to us to:
(a) provide the Services;
(b) process your payment for the Services;
(c) accounting, risk management, compliance, name screening, transaction monitoring and record keeping purposes;
(d) third party service providers and agents whether local or overseas who would process your personal data on our behalf;
(e) complying with any request or direction of law enforcement, government agency or regulatory authority whether local and overseas;
(f) hosting, storage and backup of your personal data whether local or overseas; and
(g) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
10.2 In order to conduct our business properly, we may disclose your personal data to third party service providers, agents and/or affiliates, and/or any other third parties whom we work with whether local or overseas including:
(a) to third party organisations, if we outsource functions such as IT, document storage and archival or certain legal processes;
(b) to our insurers and professional advisers, including auditors;
(c) to the extent necessary to comply with any laws; and
(d) to any other party you authorize us to disclose your personal data to.
10.3 You consent to our transferring your personal data out of Singapore to third parties if necessary, for one or more of the purposes indicated above. If we transfer your personal data out of Singapore, we will employ our best efforts to ensure that the third parties are required to protect your personal data.
10.4 We will take all reasonable steps to ensure that any third parties which receive your personal data recognize their obligations of confidentiality. We will also have reasonable security processes in place to ensure that your personal data is adequately protected and secured. This will include processes to prevent any unauthorized access, collection, use, disclosure, modification, duplication, loss, and leakage of your personal data. Do note that as no method of transmission over the Internet or electronic storage (online/offline) is completely secure, we cannot assume responsibility for any unauthorized use of your personal data by third parties which are wholly attributable to factors beyond our control.
10.5 If you wish to request for details or make any corrections to your personal data that are in our records, please either notify us in writing or send an email to our Data Protection Officer (“DPO”) at firstname.lastname@example.org and indicate the nature of your enquiry. Kindly attention the email to the “Data Protection Officer” in the subject header of the email. A reasonable fee for the retrieval of your personal data will be applicable and we will inform you of the fee before we proceed with your request.
10.6 You may at any time choose to withdraw consent for us to collect, use and/or disclose your personal data for any of the purposes listed above, either in writing or via email to our DPO at the email address provided above. Once we receive your written request, we will assess any impact and legal consequences based on the existing business relationship we have with you or your organization, and whether we remain in a position to transact with you. When we have made this determination, we will advise you accordingly and request confirmation as to whether you wish to proceed with the withdrawal of consent. Only after we receive your written confirmation to proceed, will we continue to process the withdrawal of consent within a reasonable amount of time (which will be communicated to you). If we do not receive written confirmation from you to proceed within 1 month of our confirmation request, we will deem that you no longer wish to proceed with the withdrawal of consent for your personal data. If you wish to do so after the month has lapsed, it would be considered a fresh request and we would have to perform re-assessment of the request. Please note that the withdrawing of your personal data does not affect our right to collect, use and disclose your personal data in situations whereby such collection, use and disclosure without consent is permitted or mandated under local or overseas laws.
10.7 In order to effectively continue to transact with you, we require that you update us of any changes in your personal data. We will not be liable for any consequences arising from us relying on inaccurate personal data, as a result of not being updated by you of any such changes.
10.8 Our website may at such time use “cookies” to help you personalize your online experience. A cookie is a unique text file that is placed on your hard drive by a webpage server and can only be read by the webpage server that issued the cookie to you. It also cannot be used to execute programs or transmit viruses to your computer. Most importantly, cookies do not give us access to your computer or share any information about you other than what you choose to share with us. The cookie will store your preferences and traffic log cookies may be used to indicate which pages are accessed. This helps us to further improve our website content and to analyse webpage traffic via statistical analysis. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to access all or parts of our website or to fully experience the features found within.
11.1 We will not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) loss of profits;
(b) loss or opportunity loss if exchange rates move before or after the Services are completed;
(c) loss of sales or business;
(d) loss of agreements or contracts;
(e) malfunctions in internet services, browser, software, communications equipment or facilities;
(f) loss caused by any unauthorised interception of your information or data before it is received by us;
(g) loss caused by computer viruses of any kind;
(h) loss of use or corruption of software, data or information;
(i) loss or damage caused to you or any third party for any late transfer or non-transfer of the amount to a beneficiary or beneficiaries;
(j) loss or damage caused to you or any third party for refusing to execute your instructions;
(k) loss of or damage to goodwill; and
(l) any indirect or consequential loss.
11.2 Our total liability to you arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will be limited to the Transaction Amount.
11.3 This clause will survive termination of the Contract.
12.1 You agree to indemnify and keep us (including our directors, employees and agents) fully indemnified on demand against all loss, damage, liabilities, costs and expenses of whatever nature in relation to any claim by third parties that pertain to your use of our platform and our Services. We will notify you promptly of any such claim and co-operate with you in the defence of such claim.
12.2 We agree to indemnify and keep you fully indemnified on demand against all loss, damage, liabilities, costs and expenses of whatever nature in relation to any claim by third parties that your use of our platform infringes any third party’s intellectual property rights. You will notify us promptly of any such claim and co-operate with us in the defence of such claim.
13.1 We each undertake that we will not at any time disclose to any person any confidential information concerning one another’s business, affairs, customers, clients or suppliers, except as permitted by clause 12.2.
13.2 We each may disclose the other’s confidential information:
(a) to such of our respective employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of exercising our respective rights or carrying out our respective obligations under the Contract. We will each ensure that such employees, officers, representatives, subcontractors or advisers comply with this clause; and
(b) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
13.3 Each of us may only use the other’s confidential information for the purpose of fulfilling our respective obligations under these Terms.
14.1 The termination of these Terms automatically terminate or puts to an end any Contract. Without limiting any of our other rights, we may suspend the performance of the Services, or terminate these Terms with immediate effect by giving written notice to you if:
(a) you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
(b) you fail to pay any amount due under the Contract on the due date for payment;
(c) you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(d) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
(e) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
14.2 On termination of these Terms, you must return all of our confidential information regarding our Services. All sums owed by you to us will become immediately due and payable on the termination of these Terms. Termination of these Terms shall not affect any Contract previously entered into, nor relieve you of the obligations arising out of any such Contract entered into prior to such termination.
14.3 Termination of these Terms will not affect your or our rights and remedies that have accrued as at termination.
14.4 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.
15. Events Outside Our Control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
15.2 If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. We will arrange a new date for performance of the Services with you after the Event Outside Our Control is over.
15.3 You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, we will refund the price you have paid, less the charges reasonably and actually incurred us by in performing the Services up to the date of the occurrence of the Event Outside Our Control.
16. Communications Between Us
16.1 When we refer to “in writing” in these Terms, this includes email.
16.2 Any notice or other communication given by one of us to the other under or in connection with the Contract must be by email or other electronic means (including Whatsapp), in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service.
16.3 A notice or other communication is deemed to have been received upon transmission via email or other electronic means (including Whatsapp), 2 business days after posting, upon delivery by hand.
16.4 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and in the case of an email, that such email was sent to the specified email address of the addressee.
17.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under these Terms to another entity but will always notify you by posting on our webpage if this happens.
(b) You may only assign or transfer your rights or your obligations under these Terms to another person if we agree in writing.
17.2 Variation. Any variation of these Terms has effect if it is in writing and signed by you and us (or our respective authorised representatives).
17.3 Waiver. If we do not insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
17.4 Severance. If any provision is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
17.5 Third party rights. These Terms are between you and us. No other person has any rights to enforce any of its terms under the Contracts (Rights of Third Parties) Act Cap.53B. Without prejudice to the foregoing, you and not any Ultimate Client(s) is a counterparty to these Terms.
17.6 Governing law and jurisdiction. These Terms are governed by and interpreted in accordance with the laws of Singapore.
17.7 Dispute. If any dispute, controversy or claim arises out of these Terms (Dispute), any party to this Contract must deliver to the other party a written notice setting out the details of the Dispute (Dispute Notice). If a Dispute is not settled within 30 days after the date of the relevant Dispute Notice, the Dispute must be referred to and resolved by arbitration in Singapore in accordance with the Rules of the Singapore International Arbitration Centre (SIAC Rules and SIAC respectively). The tribunal will consist of one arbitrator, to be appointed by the President of the SIAC. The language of the arbitration will be English. The SIAC Rules are deemed to be incorporated by reference in this paragraph. However, to the extent that the SIAC Rules are in conflict with the provisions of this paragraph, the provisions of this paragraph will prevail.