1. INTRODUCTION

1. The Canvas Service and Canvas Card are administered by Chocolate Technologies Pte. Ltd. (UEN: (202010925W) (“Canvas” or “we” or “our” or “us”), a company incorporated in Singapore with its registered office at Irving Place #09-01, Singapore 369551.
2. Please read this document carefully. These terms and conditions constitute a legally binding agreement (“Terms”) between you and us governing the Canvas Service and the possession and use of the Canvas Card. By registering for a Canvas Account or by using (or allowing use of) the Canvas Card, you accept these Terms and become bound by them. The Terms are also visible on Canvas website at https://yourcanvas.co/ (“Site”) in this location: https://yourcanvas.co/terms-and-conditions
3. The Canvas Service and Canvas Card are issued by Xfers PTE. LTD (“Xfers“). The Xfers-related services are delivered through the Xfers “Live” Platform. Xfers is referred to in these Terms as “Issuer,” and the following provisions apply to their services:
   1. The Issuer is licensed by the Monetary Authority of Singapore (“MAS”) to carry out account issuance, domestic money transfer, cross border money transfer, and e-money issuance services in Singapore. However, this license does not guarantee that you will be able to recover all the money you paid to the Issuer if its business fails.
   2. The issuer’s products and services do not include the provision of advice, under these Terms or otherwise, on any matter including (without limitation) the merits or otherwise of any currency transactions, on taxation, or markets.
4. Where used in these Terms “the Account Holder” or “You/you” or “Your/your” will refer to the adult who is the registered holder of the Canvas Account. The person (such as a child or a domestic helper) whom you designate to use the Canvas Card for transactions will be referred to as the Cardholder.
5. The operation of these Terms will commence on the date you complete your registration for a Canvas Account (“the Commencement Date”) and will terminate on the Canvas Card expiry date, unless terminated earlier in accordance with Clause 13. It will remain at all times subject to all relevant Singapore or foreign laws, regulations or other rules in force at the applicable time (“Applicable Laws”).
6. The following documents are incorporated into these Terms by reference: (“Incorporated Documents”)
   1. Canvas Privacy Policy at https://yourcanvas.co/privacy-policy. The Privacy Policy contains details on how we will manage and protect any personal data we collect. The Privacy Policy will bind Canvas, each of whom may, subject to the terms of the Privacy Policy, share data between them.
   2. Canvas FAQ at https://info.yourcanvas.co/faqs
   3. Canvas Fee Schedule contained in clause 9.1 and at FEEs
7. In addition to complying with these Terms and the Incorporated Documents, it is a condition of your participation in this programme that you comply with:
   1. all directions and operating rules, policies and procedures that we communicate to you or which may be published by us from time to time in respect of the Canvas Account (collectively “Policies”); and
   2. The privacy policies, as they may be amended from time to time, maintained by third parties involved in the Canvas Service, such as the Issuer

2. E-MONEY SERVICE TERMS

1. The provisions contained in this paragraph 2 govern the Issuer’s issuing of e-money to you and the storage of it in a stored value facility or e-money account product.
2. The Issuer will provide the following e-money services to you:
   1. The Issuer will open a ‘virtual’ account in which e-money issued to you is stored; and
   2. The Issuer will store your e-money and redeem it both on your express instruction, as well as in accordance with these Terms
3. e-money is only issued upon receipt of money from you or a third party on your behalf, and you may only use the e-money issued to you:
   1. to make payment transactions, [including Card Transactions (as defined in Section B below), and
   2. subject to Applicable Laws and these Terms.
4. In addition, during the currency of these Terms, you shall not have a negative balance. If at any time there is not enough balance available in your account to make a payment and to cover any applicable charge, we will refuse or delay in making the payment transaction
5. Where the Issuer receives money from you or on your behalf, this money will be held by the Issuer in the a safeguarded account in exchange for the issuance of e-money to you. Your funds will not be used by the Issuer for any other purpose and, in the unlikely event that the Issuer becomes insolvent, will be protected in the Issuer’s safeguarding bank in Singapore. Your funds may be commingled with those received from our other customers. You may not get all your money back if the safeguarded account does not contain enough funds to meet any payouts or our safeguarding bank becomes insolvent.
6. When the Issuer issues you with e-money, it holding the funds corresponding to the e-money is not the same as a bank holding your money. The Issuer cannot and will not use the funds to invest or lend to other persons or entities. The e-money will not accrue interest. And the e-money is not a deposit and is therefore is not covered by the Singapore Deposit Insurance Scheme.
7. You may hold e-money and the Issuer may hold funds corresponding to your e-money indefinitely. However, if the Issuer holds e-money for you for more than two years without any activity on your e-money account, we shall use reasonable endeavours to contact you to redeem the e-money, return the corresponding funds to you and close your account. If we are unable to contact you, we may redeem the e-money and send the corresponding funds, less any of our costs incurred, at our option to either the last known bank account we have on file for you, or a designated fund subject to laws on unclaimed monies.
8. The Issuer accepts no responsibility in the event that you send money to the incorrect account, or if you send an incorrect amount instead of the correct amount. It also has no control over the time it takes to execute a payment transaction and as such, does not warrant or represent that the money transfer will be completed within a fixed period save for such completion time period as may be specified by Applicable Laws. We are also not liable for any delay arising from us carrying out transaction monitoring, verification checks or our other regulatory compliance activities as part of processing a transaction.
9. The Issuer does not accept cash or cheques. It accepts monies only via the methods explained in these Terms.
10. The Issuer is obliged to report any reasonable suspicions about activities on your e-money account to the regulatory authorities. If this occurs, it will override any prevailing confidentiality obligations contained in these Terms or any Incorporate Documents. If the Issuer is required under Applicable Laws to refrain from communicating with you and/or proceeding with your instructions, it can accept no liability for the consequences of being prevented from doing so.
11. The Issuer reserves the right to limit the amounts you can receive or send to comply with Applicable Laws or as a way to mitigate any risk exposure to its business. Furthermore, you hereby grant the Issuer an express contractual lien, in addition to any lien provided by law, and a security interest in the balance or amount in the e-money account to secure your compliance with all these Terms.
12. Upon termination of your Canvas Account, you will no longer be able to avail yourself of the e-money services described these Terms. In addition, the Issuer shall redeem any e-money it holds for you and send (or arrange to send) the equivalent funds to a bank account in your name, unless agreed otherwise, less any monies which are due and owing to the Issuer as well as amounts to cover payment transactions approved prior to termination.

3. THE CANVAS SERVICE

1. The Canvas Service is a mobile application-based money management service offered by Chocolate Technologies which offers you access to various features, services, content and applications including (jointly and severally):
   1. the Site;
   2. the Canvas App: the Canvas mobile application software owned and released by Canvas, and available for download for Android or Apple iOS, including all content and services made available on or through the same, and any and all updates, upgrades, supplements, releases and versions thereof;
   3. the Canvas Account: your account with the Issuer;
   4. the Canvas Card: the Canvas Visa® Card, being physical prepaid card, which is issued to you by the Issuer;
   5. the Site Content: data, information, materials, advertisements, text, audio, video, graphics, software and other content on the Site and Canvas App; and
   6. all related features, services, content and applications which Canvas may make available to you from time to time.
2. Canvas reserves the right to update, change, remove, suspend, disable or restrict access to or discontinue the Canvas Service or to change any features, component or content thereof at any time, for any reason, without notice or liability to you. Canvas does not guarantee that any specific content, component and/or feature will always be available on the Canvas Service.
3. Only qualified and registered users of the Canvas Service may use the Canvas Card. You may sign up for the Canvas Service by submitting an application through the Canvas App. Canvas is entitled, in the exercise of its sole discretion, to refuse your application for or to terminate your use of the Canvas Service, and/or to change the eligibility criteria for registration at any time. Canvas may also, at any time, without notice and in its sole and absolute discretion, suspend or limit the functionality of the Canvas Service.
4. As an Account Holder of the Canvas Service, you represent and warrant that:
   1. you are at least eighteen (18) years of age;
   2. you are a resident of Singapore;
   3. you have the full right, power, and authority to enter into this Agreement; and
   4. you are not impersonating any other person, operating under an alias or otherwise concealing your identity.
5. You will be required to lodge with us the details of a current credit card for use in payment of Fees (“the Stored Credit Card”) and you authorise the Issuer to deduct the applicable fees as they fall due. You can change this card but you must keep at least one valid and current Stored Credit Card on your account at all times. All Fees applicable to the Canvas Service will be taken from the Stored Credit Card and not from the Family Balance or Cardholder Balance.
6. From time to time we may issue updates to the components of the Canvas Service. You may not be able to access or use the Canvas Service until such update has been downloaded and you have accepted any new or additional terms and conditions of use. We may also interrupt or suspend your access to the Canvas Service or the Canvas App from time to time, for maintenance, technical or other reasons. However, we are not obliged to provide such updates or to furnish any maintenance and support services (including maintenance releases, patches, fixes or extensions).

4. THE CANVAS CARD

1. Card Issuance. As a registered user of the Canvas Service you may request Canvas Cards for up to five cardholders. If your request is approved, the Issuer will issue to each of your Cardholder/s, a physical Canvas Card, each linked to you as the Account Holder. The Canvas Card is linked to the Canvas Account where the funds, which can be spent using the Canvas Card, are held.
2. Issuer’s Rights. In order for you or your Cardholder to start using the Canvas Card, you must follow our instructions for authenticating and activating the Canvas Card.
3. Card Ownership. You acknowledge that each physical Canvas Card is and remains at all times the property of the Issuer and confirm that you shall:
   1. exercise all due care and diligence in the custody, care and use of the Canvas Card;
   2. not tamper, or allow anyone to tamper, with the Canvas Card;
   3. not permit the Canvas Card to be used in any unauthorised manner;
   4. not intentionally deface or damage the Canvas Card; and
   5. not affix, print or attach anything or matter onto the Canvas Card or otherwise alter, remove or replace any notice, logo or design on the Canvas Card.
4. Card Validity. Unless earlier terminated or cancelled, each Canvas Card (and its associated Canvas Account) shall be valid for five years. Renewal or replacement of the Canvas Card (and its associated Account) will be at our sole discretion.
5. Card Data. You shall keep the card number (PAN), expiration date, and security code of your Canvas Card (“Card Data”) strictly confidential. You must not share the Card Data with any persons other than as necessary to conduct a transaction. When sharing Card Data with merchants, you will take all precautions to ensure the security and continued confidentiality of the Card Data. For the avoidance of doubt, providing Card Data in clear text over email or other unencrypted or otherwise unprotected media is not considered to be secure. Neither Issuer, Canvas, nor their affiliates shall under any circumstances be liable to you for unauthorised transactions caused by your failure to keep the Card Data secure.
6. Card Limits. The maximum amount you can spend across all your Canvas Visa Cards is S$100,000 annually. Neither Issuer, Canvas nor our respective affiliates shall under any circumstances be liable to you for losses caused by your failure to adhere to appropriate limits.
7. Card Restrictions. In addition to any legally-restricted categories for transactions (for example, on-line gambling in Singapore), we also impose restrictions on the use of the Canvas Card with certain merchants with respect to age-inappropriate transactions. This allows us to block purchases from some merchants (including bars, adult stores, casinos, online gambling or massage parlours) in order to try to protect your Cardholders from inappropriate spending. This system should work in most normal usage scenarios but it relies on merchants listing themselves appropriately. Notwithstanding this, You acknowledge that you are solely responsible for how your Cardholder/s use the Canvas Card and for ensuring that their transactions are age-appropriate, lawful and authorized by you. If you find that any particular merchant is incorrectly classified, please inform us at support@yourcanvas.co

5. YOUR RESPONSIBILITY FOR CARDHOLDERS

1. Warranties. You warrant that:
   1. You are the parent, guardian, employer or the authorised representative of individuals whom you designate as your Cardholder/s, and/or whom you permit to use the Canvas Service and/or the Canvas Cards; and
   2. All funds deposited by you into the Family Balance and transferred to the Cardholder Account are of legal origin.
2. Consent. You hereby consent to each Cardholder ’s use of the Canvas Service and Canvas Card. You agree to these Terms on behalf of each Cardholder and guarantee and represent to us that you have the legal authority to bind him/her to these Terms.
3. Responsibilities. You are solely responsible for your Cardholder’s use of, and all your Cardholder’s transactions relating to, the Canvas Service and Canvas Cards (including all charges and Fees incurred in relation thereto) whether authorised or not. Each Cardholder shall be deemed to have your authority to use the Canvas Card which has been issued to him/her upon your request. You shall ensure and procure each Cardholder’s agreement to and compliance with these Terms, and agree to be bound by all the actions of your Cardholders (as if they were your actions). If at any time an individual who was issued a Canvas Card ceases to become your authorised user (i.e. you do not wish the named individual to be your Cardholder), you must immediately terminate such individual’s Canvas Card.

6. YOUR ACCOUNTS

1. Your Canvas Account, your identity and the funds held in your Canvas Account will at all times be maintained in the records of the Issuer.
2. The Canvas Account and the associated Cardholder Accounts do not constitute a savings account, a deposit account or a checking account. The accounts are not subject to the provisions of the Deposit Insurance and Policy Owners’ Protection Schemes Act 2011 of Singapore and are not eligible for deposit insurance coverage. No interest will be paid for funds maintained in the accounts and funds maintained in the accounts will not expire.
3. For the avoidance of doubt, the Issuer is not a bank and all services provided under these Terms by the Issuer are payment services rather than banking services (“Issuer Services”). Issuer reserves the right to add, delete or modify the relevant systems or functions of the Issuer Services in whole or in part. Issuer may engage the services of its affiliates to service your Canvas Card on behalf of Issuer.
4. We may, from time to time, impose such limits on your Canvas Account and Canvas Cards as we may consider appropriate, including to comply with Applicable Laws, or as may be informed by our internal risk monitoring policy and the profile of spending reasonably anticipated for the type of consumer group you belong to.
5. You are not permitted to use services provided by the Issuer under these Terms to remit funds to bank accounts or mobile wallets held by third parties, or any merchants in the Visa International credit card network (“Card Network”) which are not otherwise consideration due for the payment of any goods and services transacted between you and the merchant.

7. THE BALANCES

1. Family Balance. “Family Balance” refers to the total amount of funds residing in your Canvas Account (excluding funds held with its associated Cardholder Accounts). Funds will be credited to your Family Balance upon successful top-up from your Stored Credit Card. Funds deposited in your Canvas Account will remain in your Family Balance until transferred to your Cardholder Account/s.
2. The following provisions relate to the Family Balance:
   1. The Family Balance plus the sum of the balance of all Cardholder/s Account/s may not exceed $5000 at any time.
   2. The Family Balance may not become negative.
   3. Issuer will increase Family Balance upon successful top up.
   4. You authorise the Issuer to transfer funds between the Family Balance and the Cardholder Balances of associated Cardholder Accounts if a Canvas card is lost and we need to transfer balance of lost card from old to new.
3. Cardholder Balance. “Card Balance” or “Cardholder Balance” refers to the amount of funds on a physical Canvas Card (and its associated Cardholder Account) that is available to be spent by the Cardholder through the Card Network.
4. Issuer will increase/decrease the Cardholder Balance upon:
   1. successful transfer from your Family Balance to your Cardholder Account/ deduction from card balance back to family balance; and/or
   2. cancellation by Issuer, at its sole and absolute discretion, of any authorization holds applied in accordance with transactions processed from the Card Network; and/or
   3. disputes with merchants resolved in your favour.
5. The Cardholder Balance will be decreased for:
   1. any debit transaction received from the Card Network, provided that Issuer reserves the right to decrease the Cardholder Balance for an amount larger than the original debit transaction to account for any foreign exchange or customary industry type related variances or fees that may be applicable to such transactions; and/or
   2. regulatory or risk management action taken by Issuer, at its sole and absolute discretion, in order to comply with Applicable Laws or regulations or to ensure the safety of your funds.

8. SPENDING

1. The only allowed means of spending the funds allocated to your Account Holder Account is by use of Canvas Card/s issued to your Cardholder/s. The Canvas Card is only accepted by merchants participating in the Card Network.
2. No Canvas Card, nor any associated Cardholder Account, will allow for access to or withdrawal of cash in any way. Canvas Cards may not be used at ATMs or for cashback transactions at merchants. The Canvas Card is not a credit card.

9. REFUNDS

1. Upon closure of Your Account (but not otherwise), you may request an amount up to the entirety of the sum of the Family Balance and Cardholder Balances to be returned to you ("Refund"). Requests for a Refund may be submitted through the Canvas App or sent via email to support@yourcanvas.co
2. Refunds may be subject to a Fee, and may also be subject to Issuer’s right to deny you a Refund under certain circumstances permitted by Applicable Laws (including if the Canvas Account or Cardholder Account is counterfeit, or if the stored value therein has been illegally, improperly or incorrectly updated).
3. The Issuer shall only be obliged to give you a Refund subject to the following conditions:
   1. (other than the situation where your Canvas Account is terminated) your Refund request must be submitted no later than within one (1) month after the expiry of your Canvas Account; and
   2. a refund processing Fee for each Refund request, if applicable, shall be deducted from your stored credit card. Issuer will only be obliged to process a Refund if your Family Balance exceeds the refund processing Fee. If the Family Balance is insufficient to cover the refund processing Fee, we will notify you of the unsuccessful Refund.
   3. Any Cardholder Balances to be refunded must be first transferred to the Family Balance.
4. Approved Refunds will be made available to you within a reasonable period from the date we approve your Refund request or the date of termination of your Canvas Account, as applicable.

10. FEES AND CHARGES

1. Fees. You agree to pay all fees imposed by us for the use of the Canvas Service, Canvas Card(s) and/or Canvas Account(s) and its related services, transactions, or features (“Fees”) in a timely manner, in accordance with the Fee Schedule (“Fee Schedule”) set out below and at https://info.yourcanvas.co/hubfs/Canvas Fees and Charges 2024.pdf. Fees paid in advance are not refundable under any circumstances.

Canvas Fees and Charges	SGD
(All charges and fees will be charged to the account holder stored credit card )
Membership Fees
Monthly membership fees per Canvas Card (Pre July 2023)	$2.99
Monthly membership fees per Canvas Card (July 2023 onwards)	$3.99
Annual membership fee per Canvas Card - Non refundable - 24% discount	$35.99
Subscription fees apply immediately upon sign up.
Quarterly - Per Qtr per card. Non refundable - 16% discount	$9.99
Service Charges (Deducted realtime from stored credit card)
Top-Up is free using PayNow or bank transfer. If using Credit/Debit Card then there is a charge per top up of 3.5% of the top up amount. This will be charged immediately from credit/debit card with your top up.	3.50%
ATM Fees
Within Singapore	ATM Transactions not accepted
International	Check Fees from ATM Provider. Visa Exchange rates will also apply.
Administrative Fees
Lost, Stolen or Damaged Card Replacements	$15.00
Funds Transfer - For a cancelled account	$10.00
Account Limits
Maximum balance at any one time (Sum of all cardholder balances plus family balance) Each card can only hold up to $1000 max	$5,000.00
Minimum Top up value	$10.00
Minimum Top up value Credit card	$50.00
Spend Limits
Maximum spend allowed per card per day	$1,000.00

2. Fee changes. We may vary the Fees from time to time. We shall use commercially reasonable efforts to give at least thirty (30) days’ notice of any changes in the Fees by posting on the Site, save that no advance notice will be given with respect to temporary promotions where any Fees are reduced or waived temporarily. The continued use of the Canvas Service, shall be taken as acceptance by you of the terms, benefits, and Fees.
3. Taxes. All Fee payments made hereunder shall be effected in accordance with these Terms and our Policies, and shall be made free of all deductions (including taxes, duties and charges) all of which shall be borne by you. Unless otherwise specified, Fees are in Singapore Dollars, and exclude GST.
4. Foreign transactions. If a transaction is executed in a currency other than Singapore Dollars, it will be converted into Singapore Dollars prior to being debited at the exchange rate chosen from the range of rates available in wholesale currency markets on the settlement date, which may vary from the rate Issuer itself receives, or the government-mandated rate in effect for the applicable central processing date. Issuer will charge a foreign currency conversion fee as described in the Fee Schedule.

11. INFORMATION AND RECORDS

1. Know Your Customer. You agree that we and the Issuer shall be entitled to undertake such identity, credit and anti-money laundering/counter terrorist financing, “know your customer” or other similar checks on you or any Cardholder at any time we deem necessary, whether directly or through third parties (such as MyInfo, Singpass or Onfido). You shall do all things necessary, including supplying such information, documentation and other evidence as we or the Issuer may request (“KYC Documents”), to enable us or the Issuer to perform such checks or to comply with our or the Issuer’s compliance policies or applicable law.
2. You shall submit the KYC Documents promptly upon signing up for an Canvas Account and at any other time that we may require. We reserve the right to not to initiate or provide the Canvas Service and the Canvas Account if you fail to submit KYC Documents requested to our satisfaction within the time limits we set, or if we cannot verify your identity. You represent and warrant that you have the power and authority to provide all information and documents which you submit to us and that all the information you provide to us (including in Application Forms and KYC Documents) is true, accurate, current and complete, and that you will promptly update such information to ensure that it remains so at all times.
3. We will keep and maintain such accounts and records as we consider necessary in relation to the Canvas Service, Canvas Cards and Canvas Account for at least 5 years. You acknowledge and agree that our records, whether stored in printed or electronic form, shall be binding on you for all purposes whatsoever and shall be conclusive evidence of the contents thereof (including of notices, communications, transactions, instructions, messages or operations made, performed, processed or effected through or in connection with the Canvas Service) and/or your liability to us, save for manifest error on the face of the record. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records and hereby waive any of your rights (if any) to so object.
4. You consent to us disclosing your Personal Data (as defined in the Privacy Policy) to the Issuer and its related corporations (collectively with us, the “Data Recipients”) and to the Data Recipients collecting, using, processing, disclosing and storing such Personal Data for all the purposes specified in the Privacy Policy. Where you disclose Personal Data to any of the Data Recipients, you agree and undertake to the Data Recipients that all necessary consents from the relevant individuals to whom the Personal Data relates will have been obtained, for the disclosure of such individual's Personal Data to the Data Recipients, for the Data Recipients’ collection, use and/or disclosure for the purposes specified in the Privacy Policy, and that such consents have not been withdrawn. You further agree and confirm that the individuals to whom such Personal Data relate have read and consented to our Privacy Policy. The Data Recipients may also disclose information that is not personally identifiable for other purposes.

12. SECURITY CODES

1. You and your Cardholder/s will be prompted to create passwords for the Account Holder and each Cardholder upon creation of the Canvas Account. You are responsible for safeguarding your passwords and for keeping them confidential, and you shall be solely and fully liable for any disclosure or unauthorised use thereof.
2. You agree that internet transmissions are never completely private or secure, and you accept the risk that data on the Canvas Service, Canvas Cards and/or Canvas Account (including the passwords, User Content and Personal Data) may be mistakenly released, lost, hacked, intercepted or accessed by unauthorised users.

13. LOST OR STOLEN CARDS

1. If you believe that the security of the Canvas Service has been compromised, or if your physical Canvas Card is lost or stolen, you must lock the Canvas Card in the Canvas App, and report the security breach to us immediately. You shall provide us with all information and assistance we require for our investigations of such breach or compromise.
2. You will not be liable for any unauthorised transactions carried out on a physical Canvas Card after we have been notified of the loss/theft of such Canvas Card or after you have blocked the use of the Canvas Card via the Canvas App. However, you will be liable for all transactions carried out before we are notified of such loss/theft or before you block the use of the Canvas Card via the Canvas App, even if such transactions were carried out without your authorisation.
3. Replacement of lost or stolen plastic Canvas Cards will be subject to the payment of applicable Fees. The Issuer may issue you a replacement physical Canvas Card with a value equal to the Cardholder Balance on the replaced Canvas Card at the time you notified us of the loss/theft, at its sole discretion.

14. SUSPENSION AND TERMINATION

1. Termination by us. Canvas and the Issuer each reserves the right at any time in its sole and absolute discretion to restrict, suspend and/or terminate your access to and use of the Canvas Service, your Canvas Cards and Canvas Account, for any reason including:
   1. your breach of any of these Terms;
   2. your violation or suspected violation of any Applicable Laws or regulations;
   3. where we suspect you have engaged in fraudulent or illegal activity or unethical conduct or practices, or if there arise other issues which we consider, in our sole discretion, to be disruptive to our business and reputation;
   4. where your Canvas Account has been inactive (e.g., no funding, transfers to Cardholder Accounts, spending or Refund transactions) for more than three (3) consecutive months;
   5. your infringement of a third party's rights or interests; or
   6. your violation of an order (by a competent authority or any court of law) at any time upon notice and payment to you of any unrestricted funds held in your Family Balance.
2. Without limiting the foregoing, in the event of a suspension of your use of the Canvas Service, Canvas Account and/or your Canvas Cards, the Issuer may hold your Family Balance or Cardholder Balance pending the outcome of our investigations in connection with the Canvas Service, and we may also disclose information relating to your breach or suspected breach to such law enforcement or other authorities as we may deem necessary.
3. If we terminate or suspend access to your Canvas Account, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. You acknowledge that our decision to take certain actions, including termination, limiting access to your Canvas Account, and placing holds on your Family Balance or Cardholder Balance, may be based on confidential criteria that is essential to our management of risk, the security of all our customers and our stored value facility system. You agree that we are under no obligation to disclose the details of our risk management or security procedures to you.
4. Termination by you. You may terminate the Canvas Service or a specific Canvas Card (and the associated Canvas Account and/or Cardholder Account) by giving us notice thereof in writing sent via email to support@yourcanvas.co and completing the relevant form prescribed by us for termination. Upon termination of a Canvas Card (and the associated Cardholder Account), you must (where possible) cut the relevant Canvas Card in half through the chip and magnetic stripe and cease all usage of it. You will pay such Fees as we from time to time specify with respect to such termination. For the avoidance of doubt, only the Provider (and not the Cardholder) may terminate the Canvas Service or any part of it.
5. Cessation of the Canvas Service. In the event that the card scheme/programme administered by us, and under which the Canvas Service is made available, is terminated, we will provide you with thirty (30) days’ advance written notice thereof.

15. CONSEQUENCES OF TERMINATION

1. Upon termination by Canvas of your access to or use of the Canvas Service for whatever reason, all rights granted to you hereunder by Canvas shall immediately cease and terminate, and you must immediately stop using the Canvas Service, and remove the Canvas App from all devices which you own or control. In the event that your access to or use of the Canvas Service is suspended or terminated by Canvas, your Canvas Cards, Canvas Account (and/or its associated Cardholder Accounts) may also be suspended or terminated by the Issuer.
2. You acknowledge that the expiry, suspension or termination of your Canvas Account will correspondingly and automatically result in the expiry, suspension or termination of all your Canvas Cards and Cardholder Accounts.
3. If your Canvas Account is terminated for any reason, Issuer may, in its sole and absolute discretion, determine a holding period for which it will retain residual funds in your Canvas Account to ensure that all transactions and Fees incurred prior to the date of closing such account are properly paid.
4. In the event of the expiry or termination of your Cardholder Account (and its associated Canvas Card), the Cardholder Balance (if any) will automatically be transferred to your Family Balance.

16. ACCOUNT DISPUTES

1. It is your responsibility to regularly review, reconcile and verify the correctness of the transaction history and details (“Transaction History”) on your Canvas Account and to promptly report to us any discrepancy, errors, omissions or unauthorised transactions in relation thereto. Without prejudice to Clause 12, activities listed in the Transaction History are presumed true and correct unless you notify us in writing of any disputes thereon within three (3) months from the time of the transaction.
2. Disputes relating to errors:
   1. If you believe an accounting error has occurred with regard to your Canvas Account, you must notify us immediately. We may not be in a position to investigate and address errors that took place more than three (3) months prior to the date you report such an error to us.
   2. If we decide that no error took place, or that the error is not due to our fault, we will provide a written explanation to you and, to the extent we have issued to you a provisional credit, we will deduct such amount from your Canvas Account.
3. Disputes regarding non-delivery or unauthorised transactions:
   1. If you are entitled to a refund from a merchant for any reason in relation to the goods or services purchased with your Canvas Card, you agree to accept credit to your Family Balance or applicable Cardholder Balance, subject to the refund policy of the applicable merchant. You acknowledge that we are not a party to the sales transaction between you and the merchant, and that we have no control over the delivery, quality, safety, legality or any other aspect of goods or services that you purchase from third parties with a Canvas Card.
   2. We may, in our sole and absolute discretion, file a formal dispute with such third party on your behalf over a transaction for which you believe you are entitled for a refund, or is otherwise unauthorised, provided that you duly comply with our requests for information and make available to us all relevant documentation.

17. INSTRUCTIONS

1. All information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions) referable to you or your Cardholders’ passwords (“Instructions”), shall be deemed to be transmitted or validly issued by you. Neither us nor our third party service providers shall be under no obligation to verify the authenticity or accuracy thereof, but we will be entitled to act upon, rely on and/or hold you solely responsible and liable for the same.
2. All Instructions are irrevocable and unconditional upon transmission through the Canvas Service. We are entitled (but not obliged) to process such Instructions without any further consent from or notice to you.
3. You acknowledge and agree that we may at any time:
   1. at our discretion and without stating reasons, require that you identify yourself by alternative means, or require that your Instructions be confirmed through alternative means; and
   2. decline to act on any Instructions without prior notice to you or giving any reason therefor, and without liability to you, including:
      1. to verify the authenticity thereof;
      2. where the Instructions are ambiguous, incomplete or inconsistent with your other instructions, information and/or data;
      3. where any Instruction would cause you to exceed applicable limits; or
      4. where we did not receive authorisations from relevant banks or financial institutions in the form required by us.

18. INTELLECTUAL PROPERTY

1. Ownership of Rights. You agree that all intellectual property rights whether registered or not, including patent rights, registered designs, design rights, copyrights and all rights of whatever nature in computer programs, firmware, micro-code and other computer software and data (“Intellectual Property Rights”) in and related to the Canvas Service are owned by Canvas or its licensors. You shall not copy, reproduce, modify, adapt, display, sell, or distribute such Intellectual Property Rights, or use them for public, commercial or other purposes not expressly permitted by us.
2. Licence. Rights in the Canvas Service are licensed (not sold) to you, and you have no rights other than to use them in accordance with these Terms. In consideration of your agreement to abide by these Terms and to pay applicable Fees, Canvas grants you a limited, personal, non-exclusive, non-transferable and revocable licence to access and use the Canvas Service (including to download and use the Canvas App onto a compatible mobile device that you own or control) subject to these Terms. You may not do or attempt to do any of the following while accessing and/or using the Canvas Service:
   1. copy, reproduce, modify, distribute, sell, lease or otherwise exploit or use for commercial purposes, or reverse engineer the Canvas Service or any part thereof;
   2. do anything that would disrupt, alter, destroy, impair, interfere with, overburden or limit the functionality, operation or security of the Canvas Service, or interfere with another user’s use and enjoyment thereof, including by hacking into the Canvas Service, or transmitting any virus or malicious code;
   3. scan or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures;
   4. use any linking, deep-linking, framing or page-scraping technology, robots, spiders, scripts or other similar processes or technology, to access, allow access to, copy, distribute, display, monitor or enable the mass download or extraction of data from any portion of the Canvas Service; or
   5. engage in any fraudulent, unlawful or illegal activity.

19. DISPUTE RESOLUTION

1. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than SGD10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through mediation or, in the event that mediation is unsuccessful, binding non-appearance-based documents-only arbitration. If a party elects for mediation, that party will initiate such mediation through the Small Case Commercial Mediation Scheme at the Singapore Mediation Centre. In the event that mediation is unsuccessful, the party that initiated the mediation will initiate such arbitration through the Singapore International Arbitration Centre, Law Society Arbitration Scheme in the Law Society of Singapore, subject to these rules:
   1. the arbitration shall be conducted as a documents-only arbitration, without any appearances and/or hearings, unless otherwise mutually agreed by the parties; and
   2. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
2. Subject to the use of the processes described in clause 18.1, any claim you may have against us must be resolved by a court located in Singapore. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Singapore for the purpose of litigating all such claims or disputes. These Terms shall be subject to, governed by and construed in accordance with the laws of Singapore.
3. All claims brought against us must be resolved in accordance with these Terms and claims filed or brought contrary to them shall be considered improperly filed and a breach of the Terms. Should you file a claim contrary to this clause, we may recover all reasonable attorneys’ fees and costs incurred as a result of the improperly filed claim, provided that we have notified you in writing of such improperly filed claim, and you have failed to promptly withdraw the claim.
4. If you have a dispute with one or more merchants participating in the Card Network, you shall release us and our affiliates, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

20. INDEMNITY

1. You shall fully indemnify and hold Canvas, the Issuer, and each of their respective officers, directors, employees, partners and agents (“Indemnitees” ) harmless from and against any and all damages, awards, expenses, losses, claims, actions, liabilities, penalties, costs and/or demands (including statutory liability and liability to third parties, economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis), suffered or incurred by any of the Indemnitees arising whether directly or indirectly from your and/or your Cardholder/s’:
   1. act, omission, negligence, wilful default, mistake, misconduct, dishonesty or fraud (including any theft or loss of your Canvas Cards, or any fraud or misuse in relation thereto);
   2. breach of these Terms;
   3. breach of any Applicable Laws, or any contractual or fiduciary obligations;
   4. access and use of the Canvas Service and/or Canvas Cards (or any access and use referable to your Security Codes);
   5. Instructions, and/or our acting in good faith and taking or refusing to take action based thereon; and
   6. violation of any rights of any person or entity.

21. LIMITATION OF LIABILITY

1. No warranty. The Canvas Service is provided to you “as is” and “as available”, without warranty of any kind, whether express or implied (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description, non-infringement, or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed). Without limiting the foregoing, we do not warrant:
   1. that the Canvas Service will be error-free, virus-free or free from other invasive or damaging code, or that defects therein will be corrected;
   2. that the operation of the Canvas Service (any information transmitted by you thereby) will be uninterrupted, continuous, or secure;
   3. that the installation or use of the Canvas App on any device will not affect the functionality or performance thereof;
   4. that the content or information we provide in the Canvas Service will be correct, accurate, complete or reliable; and/or
   5. that the use of the Canvas Service will not give rise to any liability at law or under contract.
2. Canvas’s Liability. Canvas hereby disclaims all liability to you in connection with or arising from your use of or inability to use the Canvas Service, Canvas Card, Canvas Account and/or or any other website or service, including:
   1. any error, omission, defect, deficiency or nonconformity of the Canvas Service;
   2. failed, missed or fraudulent transactions, payment transmission errors, or any other issues related to payment or the processing, top up and/or transfer of money between your Family Balance, Canvas Account and its associated Cardholder Accounts;
   3. Canvas’s failure to convey any notice, instructions or communications to the Issuer or other third parties on your behalf, accurately, in a timely manner or at all;
   4. unauthorised access to, disclosure of, wrongful or fraudulent use of your Canvas Account, Canvas Cards, Personal Data and/or passwords;
   5. unauthorised access to and/or use of the Canvas Service; and/or
   6. any error, negligence, wilful default, misconduct, fraud, act, omission, breach or failure of, or contravention of Applicable Laws by, any other party (including you, your Cardholder/s, other users and the Issuer).
3. In the event that Canvas is liable for damages despite the foregoing provisions, you agree that:
   1. no action, whatever its form, may be brought by you more than two (2) months after the date of the first event giving rise to your claim, and
   2. that our maximum aggregate liability to you under any and all causes of action (including contract and tort), shall not exceed the total amount of Fees paid by you to us during the two (2) month period immediately preceding the date of the first event giving rise to your claim.
4. Issuer’s Liability. The total liability of the Issuer and its officers, directors, employees, partners and agents, whether in contract, tort (including negligence) or otherwise and whether in connection with the Terms or any collateral agreement shall be limited to SGD10,000 ("Liability Limit"). For the avoidance of doubt, any Family Balance in your Canvas Account shall not be included in determining whether the Liability Limit has been exceeded under this clause.
5. Liability for Indirect Damages. To the fullest extent permissible under law, we and the Issuer hereby disclaim all liability to you and/or any third party for any and all indirect, incident al, special, punitive, consequential and/or exemplary loss or damage (including damages for loss of business, revenue, profits, use of data, anticipated savings or other economic benefits), which may be suffered by you (or any person claiming under or through you) in connection with or however arising from your access and/or usage of the Canvas Service and the Issuer Services, whether or not the same arises in contract, tort (including negligence) howsoever; whether or not such loss or damage is foreseeable; and/or whether or not we have received prior notification of the possibility thereof.
6. You agree that the exclusions and limitations of liability herein enable us to provide you with the use of the Canvas Service and the Issuer Services at lower rates than we otherwise could, and that they are fair and reasonable. You agree that the entire risk arising out of your use of the Canvas Service and the Issuer Services remains solely with you, to the maximum extent permitted under Applicable Law, and that if you are dissatisfied with any part or whole of the Canvas Service or the Issuer Services Canvas Service, your sole remedy is to discontinue use thereof.

22. GENERAL

1. Severability. If any provision of these Terms is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
2. Assignment. Your rights and obligations under these Terms are personal to you and you shall not transfer, assign, novate or sub-contract them to any third party without our prior written consent. We reserve the right to transfer, assign, novate, sub-contract or otherwise deal with any of our rights or obligations under these Terms at any time, and you shall do all things necessary to facilitate such transfer, assignment, novation or dealing.
3. Waiver. Failure by us to enforce at any time any of the provisions in these Terms shall not be construed or deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these Terms or prejudice our right to take subsequent action.
4. Force Majeure. We shall not be liable for any failure or delay in the performance of our obligations or the operation of the Canvas Service, Canvas Card, Canvas Account or any unavailability thereof that is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control (“Force Majeure Event”) including:
   1. Acts of God, nature, court or government;
   2. failure or interruption in public or private telecommunication networks, communications channel s or information systems;
   3. acts or omissions of acts of a party for whom we are not responsible;
   4. delay, failure or interruption in, or unavailability of, third party services and sites;
   5. strikes, lockouts, labour disputes, wars, terrorist acts and riots; and/or
   6. viruses, other malicious computer codes or the hacking of the Canvas Service.
5. Third Party Rights. Save for the Indemnitees, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For clarity, no Cardholders under you as the Account Holder are parties to or beneficiaries of this Agreement.
6. Survival. All clauses of these Terms expressed to apply after their termination will so apply.
7. Amended Terms. We may revise these Terms at any time in the exercise of our sole discretion by posting the amended Terms on the Site and/or Canvas Service, or through any other means that we may elect. The revised Terms shall take effect from the time of such posting. Any use of the Canvas Service thereafter by you shall constitute an acceptance of the revised Terms. If you do not agree with these Terms, you should immediately terminate your accounts with us and stop using the Canvas Service.
8. Between Canvas and Issuer. Nothing in these Terms shall be construed as creating any obligation between Canvas and the Issuer.
9. Entire Agreement. These Terms, together with the Incorporated Documents and the Policies, set forth the entire understanding between you and us with respect to the subject matter hereof. In the event of any conflict or inconsistency between these Terms and any other material, these Terms shall prevail.

23. NOTICES

1. Notices to you. You agree that we may provide notices to you using any of the following methods, and such notice will be deemed received by you as specified below:
   1. by message through the Canvas App: two business days after posting;
   2. by post: two business days after posting;
   3. by hand: on delivery; or
   4. by email: within 24 hours from delivery if no notice of delivery failure is received.
2. Notices to us. Unless otherwise stated in these Terms, you may contact us using any of the following methods:
   1. by telephone at +65 87261472;
   2. by email to support@yourcanvas.co; or
   3. by mail addressed to our registered office.