1. Use of the Crown Wallet

• Type of payments that can be made with the Crown Wallet:

• The Crown Wallet may be used for the sale and purchase of goods and services from all merchants and agents lawfully offering Crown Wallet as a payment solution (either by way of static/dynamic QR Code payment, settlement via the Application, or online settlement), PROVIDED HOWEVER that no payments in violation of the provisions of these Terms of Use, including the Acceptable Use Policy (below) shall be permitted.

• Applicable Fees and Charges: There shall be no charges levied by the Company on usage of the Crown Wallet other than as agreed with you in writing.

• Fraudulent activity or stolen e-money:

• You agree to immediately notify the Company by emailing us support@crowndigital.io of any fraudulent activity or theft of funds in the Crown Wallet of which you become aware.

• The Company has the right to suspend, or later reverse, the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

• Unless the context dictates otherwise, references in these Terms of Use to the Crown Wallet, shall include all such stored value facility e-wallets issued to Users by the Company.

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2. Use of the Service

• Payments by the Crown Wallet service may be made directly in the Crown Digital application via the addition of a credit or debit card, or via such other method of making payment to merchants as is available in the Application, or by the use of the Crown Wallet.

• Users may choose to add any credit or debit cards, PayNow, or such other methods of loading funds into the Crown Wallet as are made available in the Application (each, together with those payments in the first bullet point a “Funding Source”).

• You agree that we may verify and authorize the Funding Source details when you first register the Funding Source with us as well as when you use the Service.

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

• In the event your payment through the Crown Wallet using a debit or credit card as your Funding Source is processed overseas, you will be liable for any additional charges in relation thereto.

• Your Crown Wallet will hold Singapore Dollars together with those foreign currencies as are from time to time made available to Users.

• When you make or receive a payment, you are liable to the Company for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow the Company to determine (or in the case where a debit or credit card is used as the Funding Source, to work with your debit or credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to the Company by debiting your Crown Wallet.

• Your Crown registration also allows Users to make direct Debit Card and Credit Card payments to selected merchants.

• You shall be responsible to resolve any disputes with your debit or credit card company, or your bank in relation to payments or top-ups of your Crown Wallet on your own. The Company shall not be responsible for any such lost or misdirected payments.

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3. Crown Dollars

• You may purchase and hold credits for the Crown Wallet (“Crown Dollars”) via a Funding Source in Singapore Dollars or such other foreign currencies that are offered.

• Other than for those Crown Wallet Users notified in writing to the contrary, the maximum amount of Crown Dollars that a User of the Crown Wallet can hold at any time is S$150 (or such equivalent aggregate amount in foreign currencies), or such lesser limit as is notified to you under the Application) and the total value of consumer payment transactions using the Crown Wallet in a calendar year may not exceed S$5,000 (or such equivalent aggregate amount in foreign currencies).

• If you purchase Crown Dollars via any Funding Source, you are deemed to have agreed to the terms of service of the Company’s processing partners and your financial institution. You will bear all fees that may be charged by such processing partners and/or your financial institution (if any) for the payment method you have selected.

• The Company may at its sole and absolute discretion reject your request to purchase Crown Dollars or reject a payment transaction, or refund a payment or other transaction, for any reason whatsoever, including without limitation, where your proposed Crown Dollars purchase:

  • would cause the aggregate amount of stored value held by the Company, directly or indirectly, alone or together with any person over whom the Company has control or influence, to exceed any value permitted under the prevailing laws and regulations; or

  • would cause the amount of Crown Dollars held by you to exceed the respective maximum amount for the Crown Wallet detailed above or any other regulatory or risk limit prescribed for that Crown Wallet.

• All Crown Dollars will only be valid for one (1) year from the date of your last purchase or spend, whichever the later. The expiry date set out in the Application shall serve as conclusive evidence of the expiry date of your Crown Dollars. The Company shall have the right to deal with the expired Crown Dollars in such manner as it deems fit in its absolute discretion including such Crown Dollars being forfeited.

• You will not receive interest or other earnings on your Crown Dollars. The Company may receive interest on amounts that the Company holds on your behalf. You agree to assign your rights to the Company for any interest derived from your Crown Dollars.

• You may check your Crown Dollars balance in the Application. The Crown Dollars balance set out in the Application shall serve as a conclusive evidence of your Crown Dollars balance.

• As Crown Wallet purchases may involve credit card transactions through a financial institution, in the event of any error in such transaction which results in chargebacks from the financial institution, the Company reserves the right to clawback the amount (up to the disputed amount) from your Crown Dollars or by any other way it deems fit in its sole discretion.

• The Company has the right to forfeit your Crown Dollars where it reasonably believes that your use of the Service may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

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4. Withdrawal and Transfer of Crown Dollars

• The Crown Dollars for the Crown Wallet are not redeemable for cash nor are they refundable except at our absolute discretion. They cannot be resold or transferred for value. The Crown Dollars shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.

• Subject to prior agreement with the Company, Business Users notified in writing may accept settlement of payments by Crown Dollars direct to their designated bank account.
   

5. Establishing your Identity

• The Company is required to comply with all applicable laws, regulations, notices and guidelines issued by the relevant government and regulatory authority, including the Payment Systems (Oversight) Act 2006 (Cap. 222A) of Singapore, and Notice on Prevention of Money Laundering and Countering the Financing of Terrorism – Holders of Stored Value Facilities (MAS Notice PSOA-N02).

• Pursuant to such applicable laws, regulations, notices and guidelines, Users of the Crown Wallet may be required to provide, either via the Application, or via MyInfo, to the Company such data to allow the Company to establish and verify their identity (together with, in the case of corporate account, the identity of the beneficial owners, directors or individuals with executive authority, and individuals authorised to operate the account) both at the time of opening the Crown Wallet account, at periodic intervals after opening the account, and on ongoing basis.

• You hereby acknowledge that the Company may collect such data on request, and use such data provided for the purposes of establishing your identity and implementing an ongoing monitoring program to ensure the adherence of the Company and the User to the applicable laws, regulations, notices and guidelines, together with sharing such data internally with its affiliates and with third-party outsourcees (both in Singapore and overseas), as well as in relation to transfers and reporting of such data and your transactions to the MAS, and such other government or regulatory authority as the Company may deem appropriate or as may be required under any applicable laws, regulations, notices and guidelines.

• You agree that you will cooperate in relation to any anti-money laundering and countering terrorism financing screening that is required and to assist the Company in complying with any applicable laws, regulations, notices and guidelines in place. Further you agree that you are not a Politically Exposed Person as such term is defined under MAS Notice PSOA-N02 / MAS Notice 3001, and in the event that you become such Politically Exposed Person you agree to inform the Company immediately.

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6. Representations and Warranties

• By using the Service, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use. By using the Service, you further represent and warrant that you have the right, authority and capacity to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate.

• You agree that you shall not open more than one Crown Wallet account.

• Your use of the Service is for your own sole personal use. You undertake not to authorize others to use your identity or User status, and you may not assign or otherwise transfer your User account to any other person or entity. When using the Service, you agree to comply with all applicable laws whether in Singapore or otherwise in the country, state and city in which you are present while using the Service.

• You may only access the Service using authorized means. It is your responsibility to check and ensure that you have downloaded the correct Software for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software to your device. The Company reserves the right not to permit you to use the Service should you use the Application and/or the Software with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

• By using the Software or the Application, you agree that:

  • You will only use the Service for lawful purposes;

  • You will only use the Service for the purpose for which it is intended to be used;

  • You will not use the Application for sending or storing any unlawful material or for fraudulent purposes;

  • You will not use the Application and/or the Software to cause nuisance, annoyance, or inconvenience;

  • You will not use the Service, the Application and/or the Software for purposes other than obtaining the Service;

  • You will not impair the proper operation of the network;

  • You will not try to harm the Service, the Application and/or the Software in any way whatsoever;

  • You will not copy, or distribute the Software or other content without written permission from the Company;

  • You will only use the Software and/or the Application for your own use and will not resell it to a third party;

  • You will keep secure and confidential your account password or any identification we provide you which allows access to the Service;

  • You will provide the Company with proof of identity as it may reasonably request or require;

  • You acknowledge and agree that only one (1) Crown Wallet account can be registered on one mobile phone or other electronic device operating the Application;

  • You agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times during the term of this Agreement. You agree that the Company may rely on your information as accurate, current and complete. You acknowledge that if your information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right but not the obligation to terminate this Agreement and your use of the Service at any time with or without notice;

  • You will only use an access point or device which you are authorized to use to access the Crown Wallet;

  • You shall not employ any means to defraud the Company or enrich yourself, through any means, whether fraudulent or otherwise, through any event, promotion or campaign launched by the Company to encourage new subscription or usage of the Service by new or existing customers;

  • You agree that the Service is provided on a reasonable effort basis; and

  • You agree to abide by the terms of the Crown Wallet Acceptable Use Policy (below) in relation to your use of the Service.

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7. Acceptable Use Policy

• You agree to assume full responsibility and liability for all loss or damage suffered by yourself, the Company or any third party as a result of any breach of the Terms of Use.

• You agree not to use the Service in such a manner that you violate any law, statute, ordinance or regulation.

• Save as permitted by the Company but subject always to applicable laws and regulations, you agree not to perform transactions using the Crown Wallet involving:

  • Adult media depicting or related to illegal activity such as child pornography, rape, incest, etc.

  • Airlines of all kind including but not limited to regular commercial airlines, low-cost carriers, charter and flight tour operators, private jets and helicopter taxi.

  • Alcoholic products and beverages.

  • Any goods or services promoting hate, violence, harm or intolerance in any form.

  • Any goods or services subject to UN Security Council’s sanctions.

  • Automotive sales (new and used motor vehicles of any kind).

  • certain credit repair, debt settlement services, credit transactions or insurance activities;

  • Branded, trademarked or copyrighted goods of any kind unless the seller is the intellectual property / copyright holder or licensee.

  • Circumvention services, devices or software used to circumvent the law or remove copyright protections.

  • Computer technical support and IT help desks.

  • Crowd sourcing and crowd financing businesses, lending clubs, offering equity or rewards of any kind.

  • Cryptocurrency, Bitcoin, online currency, gaming coins, online gold and similar virtual assets.

  • Deceptive business practices such as Ponzi / pyramid schemes, multi-level marketing, guaranteed results, investment or trading courses and services.

  • Essay mills, paper mills and homework services.

  • Event organizers, sale/resale of tickets, event planning and related services.

  • File sharing and related services.

  • Financial services of any kind, such as lending, micro lending, investment schemes, escrow, collection agencies, bail bond services, debt collectors, credit aggregation, consolidation services, credit card protection and similar services.

  • Flammable, explosive, pyrotechnic, toxic and hazardous materials including but not limited to fireworks, explosives, radioactive materials and substances, gunpowder.

  • Foreign government entities including but not limited to embassies and consulates.

  • Fortune tellers, astrology, card reading, tarot, hypnosis and similar services.

  • gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes;

  • Government, law enforcement and military issued items including but not limited to uniforms, badges, decorations, unless historical and/or clearly not genuine or official (e.g. toys).

  • Healthcare, pharmaceuticals, supplements, nutritional products of any kind, medical supplies of any kind.

  • Hotels and accommodation services of any kind (such as hostels, apartments, serviced apartments, motels, resorts, villas).

  • Human parts of any kind, including but not limited to organs, body parts, human remains, body fluids, stem cells, embryos.

  • Illegal drugs, tobacco or health products. Substances designed to mimic the effects thereof. Related accessories and products used to create or consume them such as bongs, hookahs and similar devices.

  • Items that encourage, promote, facilitate or instruct others to engage in illegal activity;

  • Items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of Singapore or any jurisdiction;

  • Jewellery, gems, stones and precious metals.

  • Legal and tax consultancy, bankruptcy and any similar services.

  • Money service businesses such as remittance, transfer, money orders, prepaid gift cards, stored value facilities, quasi-cash, foreign exchange of currencies and similar services.

  • Narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety;

  • No-value-added services of any kind, including but not limited to resale of government offerings without authorization or added value, services that are unfair, deceptive, or predatory towards consumers.

  • Offering or receiving payments for the purpose of bribery or corruption; or

  • Oil and gas, petroleum and derived products.

  • Political, religious, spiritual, charitable and non-profit organizations of any kind.

  • Prepaid phone cards, phone services, and cell phones.

  • Private medical practices and e-doctors.

  • Products of wildlife trafficking, illegal hunting and poaching of endangered species such as marine mammals, shark fins, rhino horns, ivory, deer musk, bear bile, tiger penis, and any similar products.

  • Property sharing, timeshares, house-swapping, sub-letting, bed & breakfast and similar businesses.

  • Sale of animals or pets of any kind.

  • Sale of social media activity, click farms including but not limited to sale of Facebook likes, Twitter followers, YouTube views.

  • Sexually oriented materials or services.

  • Spas, relaxation and massage services.

  • Stolen goods including unlawfully acquired or copied digital and virtual goods.

  • Subscriptions, memberships, free trials and any similar business models where a purchase is conditioned by a subscription.

  • The personal information of third parties in violation of Singapore law.

  • The sale of travellers’ cheques or money orders.

  • The sales of products or services identified by Singapore government agencies to have a high likelihood of being fraudulent or to be being transacted by the User in violation of Singapore law.

  • Tobacco products, cigarettes, cigars, electronic cigarettes and related products (such as spare parts and recharges).

  • Unlicensed travel agents.

  • Weapons of any kind including firearms, ammunition, knives, nunchakus and related products, parts or accessories thereof. Weapons or knives regulated under Singapore law. Toys, gift and replicas of any kind resembling closely any of such items.

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8. Taxes

• You agree that this Agreement shall be subject to all prevailing statutory taxes, duties, fees, charges and/or costs, however denominated, as may be in force and in connection with any future taxes that may be introduced at any point of time.

• You further agree to use your best efforts to do everything necessary and required by the relevant laws to enable, assist and/or defend the Company to claim or verify any input tax credit, set off, rebate or refund in respect of any taxes paid or payable in connection with the Service supplied under this Agreement.

• You agree that details of your Crown Wallet account and all transactions thereunder may be provided on request to any tax authorities either in Singapore or overseas where the purpose of such request is the lawful payment of tax obligations and/or the identification of assets for taxation.

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9. License Grant & Restrictions

• The Company and its affiliates including Crown Digital Pte. Ltd., where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application and/or the Software, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

• You hereby agree that you shall not:

  • license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application and/or the Software in any way;

  • modify or make derivative works based on the Application and/or the Software;

  • create internet “links” to the Application or “frame” or “mirror” the Software on any other server or wireless or internet-based device;

  • reverse engineer or access the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Application and/or the Software, or (c) copy any ideas, features, functions or graphics of the Application and/or the Software;

  • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application and/or the Software;

  • use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;

  • post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; or

  • Remove any copyright, trademark or other proprietary rights notices contained in the Service.

• You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to:

  • send spam or otherwise duplicative or unsolicited messages;

  • send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;

  • send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;

  • interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein;

  • attempt to gain unauthorized access to the Software and/or the Application or its related systems or networks;

  • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or

  • engage in any conduct that could possibly damage the Company’s reputation or amount to being disreputable.

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10. Intellectual Property Ownership

• The Company and its affiliates, where applicable, shall own all right, title and interest, including all related intellectual property rights, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

• These Terms of Use do not constitute a sale agreement and do not convey to you any rights of ownership in or related to the Service, the Software and/or the Application, or any intellectual property rights owned by the Company and/or its licensors.

• The Company’s name, the Company’s logo, the Service, the Software and/or the Application and the third-party merchants or transportation providers’ logos and the product names associated with the Software and/or the Application are trademarks of the Company and/or its affiliates or third parties, and no right or license is granted to use them.

• For the avoidance of doubt, the term the “Software” and the “Application” herein shall include its respective components, processes and design in its entirety.

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11. Data Privacy & Personal Data Protection Policy

• We will from time to time collect, hold, use and transfer your personal data in accordance with the Crown Digital Privacy Notice at https://crowndigital.io/policies/privacy-policy/. By agreeing to this Agreement you hereby agree to the Crown Digital Privacy Notice, which may be updated by Crown Digital from time to time. You understand and agree that, to the extent permitted by applicable law, any data you provide to Crown Digital in connection with your Crown Digital Account or your use of the Account Services may be shared with our affiliates.
   

12. Third Party Interactions

• During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party providers, advertisers or sponsors showing their goods and/or services through the Service, the Software and/or the Application.

• Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party.

• The Company and its affiliates and licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.

• The Company does not endorse any applications or sites on the Internet that are linked through the Service, the Application and/or the Software, and in no event, shall the Company, its licensors or the Group be responsible for any content, products, services or other materials on or available from such sites or third-party providers.

• The Company provides the Service to you pursuant to the Terms of Use. You recognize, however, that certain third-party merchants or transportation providers, goods and/or services may require your agreement to additional or different terms of use prior to your use of or access to such goods or services, and the Company is not a party to and disclaims any and all responsibility and/or liability arising from such agreements between you and the third-party providers.

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13. Indemnification

• By agreeing to the Terms of Use upon using the Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs and/or regulatory action) arising out of or in connection with:

  • your use of the Service, the Software and/or the Application in your dealings with the third-party merchants, transportation providers, third party providers, partners, advertisers and/or sponsors;

  • your violation or breach of any of the Terms of Use or any applicable law or regulation, whether or not referenced herein;

  • your violation of any rights of any third party;

  • your misuse of the Service, the Software and/or the Application.

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14. Limitation of Liability

• The Company makes no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, availability, accurate or completeness of the Service, the Application and/or the Software.

• The Company does not represent or warrant that:

  • The use of the Service, the Application and/or the Software will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

  • The Service and/or Rewards will meet your requirements or expectations;

  • Any stored data will be accurate or reliable;

  • The quality of any products, services, information, rewards or another material purchased or obtained by you through the Application will meet your requirements or expectations;

  • Errors or defects in the Application and/or the Software will be corrected; or

  • The Application or the Server that make the application available are free of viruses or other harmful components.

• The Service and Rewards (as defined below) are provided to you strictly on an “as is” basis.

• All conditions, representations and warranties, whether express, implied, statutory or other, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are here excluded and disclaimed to the highest and maximum extent allowed under Singapore law.

• The Service, the Application and/or the Software may be subject to limitations, delays and other problems inherent in the use the internet and electronic communications including the device used by you or other Crown Wallet Users being faulty, not connected, out of range of mobile signals or functioning incorrectly. The Company is not responsible for any delays, delivery failures, damages or losses resulting from such problems.

• To the fullest extent permitted by law, the Company shall not be liable for any claim, loss, damage, data loss, costs or expenses incurred (whether direct or consequential), suffered or sustained by you arising from or in connection with you use of the Service, the Application and/or the Software.

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15. Termination

• Either the Company or you may terminate this Agreement on one month’s notice in writing to the other.

• You hereby agree that this Agreement shall terminate immediately in the event that you are:

  • declared bankrupt, insolvent or enter into liquidation or such other scheme of arrangement or administration; or

  • found in default of your debt obligations to a licensed bank by a Singapore court;

  • deceased.

• In the event of any of the above, the Company reserves the right to deal with any such trustee, executive or representative of the Singapore courts as in its sole discretion is considers appropriate in relation to the administration of any outstanding balance of Credits in the Crown Wallet.

• You hereby agree that the Company is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement.

• Any outstanding amounts in the Crown Wallet will be paid to you by the Company.
   

16. Complaints about use of the Service

• Users are invited to contact the Company in the first instance in the event they wish to make a complaint about the use of the Service via the following Customer Service email: support@crowndigital.io

• You agree to raise any complaints and disputes about incorrect Service within one month of the transaction for payment of goods and services, or of you becoming aware of the fraudulent usage of the Crown Wallet, whichever is earlier.
   

17. Notices

• The Company may give notice by means of a general notice on the Application, or by electronic mail to your email address in the records of the Company, or by written communication sent by registered mail or pre-paid post to your address in the record of the Company. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by registered mail or pre-paid post) or 1 hour after sending (if sent by email).

• You may give notice to the Company (such notice shall be deemed given when received by the Company) by letter sent by courier or registered mail to the Company using the contact details as provided in the Application.

18. Assignment

• This Agreement as constituted by the Terms of Use as modified from time to time may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company.

• Any purported assignment by you in violation of this section shall be void.
   

19. General

• This Agreement shall be governed by Singapore law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with the Terms of Use or the Service shall be referred to the Singapore International Arbitration Centre (“SIAC”), in accordance with the Rules of the SIAC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of SIAC in accordance with the Rules. The seat and venue of the arbitration shall be Singapore, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.

• No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of the Terms of Use or use of the Service.

• If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above.

• The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

• The Terms of Use comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.