MoolahPoints Program Terms & Conditions
MOOLAHPOINTS PROGRAM – STANDARD TERMS AND CONDITIONS
The following terms and conditions form the basis of the MoolahPoints Program (the “Program”). These terms and conditions are intended to protect you, the Participants (as defined herein) of the Program and http://www.moolahsense.com (the “Platform”). For more information, please contact +65 6871 8780 or email email@example.com.
The participation in the Program or utilisation of any aspect of the Program constitutes your acceptance of, and agreement to be bound, by these terms and conditions. These terms and conditions cannot be superseded or changed, except in writing by MoolahSense Private Limited (“MoolahSense”) in accordance with Clause 4.5 of these terms and conditions.
1.1 In this Agreement, unless the context otherwise requires, the following expressions shall have the meanings set out against them:-
“Allocated Funds” means the monies successfully invested by a Referred Person in each Applicable Period in Issuer Requests (as defined in the Terms and Conditions (Payee)), as evidenced by the issue of a Promissory Note (as defined in the Terms and Conditions (Payee)), after deducting the monies repaid by any Issuer to the Referred Person in such Applicable Period;
“Applicable Period” means the duration of the Rewards campaign period set out by MoolahSense.
“Fresh Funds” means the monies transferred by a Referred Person in each Applicable Period to the account maintained by MoolahSense with a financial institution licensed in Singapore, for the purposes of funding Issuer Requests, after deducting monies withdrawn by the Referred Person in such Applicable Period;
“MoolahPoints” means the points awarded to the Participant through his or her participation in the MoolahPoints Program,;
“MoolahPoints Program” or “Program” means the MoolahPoints Program through which Participants earn and accrue MoolahPoints, subject to the MoolahPoints Terms and Conditions;
“MoolahPoints Terms and Conditions” means these MoolahPoints Terms and Conditions, as may be amended, varied or supplemented from time to time at the discretion of MoolahSense;
“MoolahSense” means MoolahSense Private Limited;
“Participant” means a Referrer and/or a Referred Person;
“Platform” means http://www.moolahsense.com;
“Qualifying Funds” means the monies of a Referred Person that are eligible for the award of MoolahPoints as determined under Clause 3.5 of these terms and conditions;
“Referrer” means a person who is a registered member of the Platform and who refers Referred Persons to register as members of the Platform and utilise the Platform;
“Referred Persons” means the persons who have been referred by Referrers to register as members of the Platform and utilise the Platform;
1.1 Any reference in these terms and conditions to “Clauses” is to the clauses of these terms and conditions.
1.2 The headings to the Clauses are inserted for convenience only and shall not affect the interpretation of these terms and conditions.
1.3 Unless the context otherwise requires or permits, references to the singular number shall include references to the plural number and vice versa, and references to persons shall be construed as including bodies corporate and vice versa and words denoting any gender shall include all genders.
2.1 The MoolahPoints Program is only maintained for the benefit and participation of registered members of the Platform. Registered members of the Platform shall be entitled to register and become a Referrer by clicking on a link on the Platform, and following the stated procedures in the link.
2.2 If the membership of the Participant with the Platform or with the MoolahPoints Program is terminated at any time for any reason, the Participant will no longer be allowed to participate in the MoolahPoints Program, and all MoolahPoints accrued by the Participant will be cancelled.
2.3 Membership as a Participant and access to its benefits are offered at the discretion of MoolahSense, and MoolahSense has the right to terminate the MoolahPoints Program or to change the MoolahPoints Terms and Conditions or any other rules, regulations, benefits, conditions of participation or MoolahPoints reward levels relating to the MoolahPoints Program, in whole or in part, at any time, with or without notice. MoolahSense may, among other things, withdraw, limit, or modify the MoolahPoints offered.
2.4 Participation in the MoolahPoints Program is subject to the MoolahPoints Terms and Conditions. MoolahSense has the sole right to interpret and apply the MoolahPoints Terms and Conditions. Any failure to follow MoolahPoints Terms and Conditions, any abuse of MoolahPoints Program privileges, any conduct detrimental to the interests of MoolahSense, or any misrepresentation of any information furnished to MoolahSense, or anyone else acting on the Participant's behalf, may result in the termination of the Participant’s membership in the MoolahPoints Program, the cancellation of accrued MoolahPoints, or both.
3. Terms of the Program
3.1 Each Referrer will be given a referral link and a referral code for his circulation. The sharing of the referral link and/or referral code should only be for personal and non-commercial purposes, and only shared with connections that will appreciate receiving such invitations and referral codes. Referral links and/or referral codes should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are connections known to the Participant (such as on coupon websites or forums). Referrers must also comply with all laws, regulations, guidelines and codes in Singapore when distributing the Referrer’s referral link and/or referral code, including but not limited to the Personal Data Protection Act 2012 (Act 21 of 2012) of Singapore. Any distribution by Referrers of their referral code that could constitute unsolicited commercial email or “spam” under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of the Referrer’s account with the MoolahPoints Program and the Platform.
3.2 An eligible referral entitling a Referrer to receive MoolahPoints must meet the following criteria:
(a) the Referred Person must not be an existing member registered with the Platform;
(b) the Referred Person must register with the Platform as a payee through the referral link provided by the Participant;
(c) the Referred Person must fulfil the necessary criteria and provide the necessary information and documents to MoolahSense pursuant to the Standard Terms and Conditions relating to payees (as the case may be) stipulated on the Platform; and
(d) the registration of the Referred Person must be successful and approved by MoolahSense.
3.3 When a Referred Person successfully registers with the Platform, each of the Referrer and the Referred Person will be awarded 20 and 10 MoolahPoints respectively.
3.4 A Referred Person may only register through one referral link. If a Referred Person receives several referral links and/or referral codes from multiple Referrers, only the corresponding Referrer of the referral link or referral code (as the case may be) used by the Referred Person will be entitled to receive MoolahPoints.
3.5 Upon the successful registration of a Referred Person with the Platform, the corresponding Referrer will be awarded MoolahPoints for the Qualifying Funds of such Referred Person, as follows:
(a) For the purposes of determining the number of MoolahPoints awarded, the following determination of Qualifying Funds will be used:
(i) Where the amount of Fresh Funds is less than the amount of Allocated Funds for an Applicable Period, the Qualifying Funds shall be the amount of Fresh Funds transferred by the Referred Person during the Applicable Period; and
(ii) Where the amount of Fresh Funds is equivalent to or exceeds the amount of Allocated Funds for an Applicable Period, the Qualifying Funds shall be the Amount of Allocated Funds during the Applicable Period;
(b) Participants will be awarded MoolahPoints worth 1% of the Referred Person's Qualifying Funds as determined in above Clause 3.5(a), where such Qualifying Funds exceeds $5,000.
4. General Conditions
4.1 MoolahSense reserves the right to audit any and all MoolahPoints Program accounts at any time for compliance with the MoolahPoints Terms and Conditions, without notice to the Participant. In the event that an audit reveals discrepancies or possible violations, the crediting of MoolahPoints pursuant to any referral may be delayed pending completion of the audit.
4.2 Each Participant shall be responsible for remaining knowledgeable as to the MoolahPoints Terms and Conditions. MoolahSense shall attempt to advise active Participants of various matters of interest through such means as may be appropriate, such as account summaries, newsletters and its website, but MoolahSense shall have no liability for any failure to do so.
4.3 The accumulation of MoolahPoints is subject to the MoolahPoints Terms and Conditions. Each Participant is responsible for reading the MoolahPoints Terms and Conditions in order to understand his or her rights and responsibilities under the MoolahPoints Program. No points, benefits, rewards earned or granted under the MoolahPoints Program may be transferred or assigned.
4.4 The personal information that is collected from you in connection with the MoolahPoints Program will be used in accordance with the Privacy and Data Protection Policy on the Platform. Click here to view the Privacy and Data Protection Policy for www.MoolahSense.com. MoolahSense reserves the right to inform the Referred Person of the Referrer’s referral and the MoolahPoints received for such referral.
4.5 MoolahSense reserves the right to supplement, vary or amend any provision of the MoolahPoints Terms and Conditions from time to time immediately upon notification to the Participant. Changes to the MoolahPoints Terms and Conditions will be posted on the homepage of the Platform and/or otherwise notified by MoolahSense, and the “Last Update” date at the top of the relevant Program Rules will be revised. It is the responsibility of each Participant to review the MoolahPoints Terms and Conditions upon each access or use to ensure that the Participant is aware of any changes made by MoolahSense. The continued use of or participation in the MoolahPoints Program by the Participant after changes are posted constitutes the Participant’s agreement to be legally bound by the MoolahPoints Terms and Conditions as updated and/or amended and for such MoolahPoints Terms and Conditions to apply to all current and past usage and/or participation by the Participant of the MoolahPoints Program. In the event the Participant does not agree to any of the changes, MoolahSense is not obliged to continue crediting MoolahPoints into the Participant’s account, and the Participant must stop using the MoolahPoints Platform and stop participating in the MoolahPoints Program.
4.6 Any attempt by any person to undermine the legitimate operation of the MoolahPoints Program may be a violation of criminal and civil law, and, should such an attempt be made, MoolahSense reserves the right to suspend or terminate the Participant’s ability to participate in the MoolahPoints Program and to seek damages from any such person to the fullest extent permitted by law. MoolahSense's failure to enforce any of the MoolahPoints Terms and Conditions shall not constitute a waiver of that, or any other, provision. In particular, MoolahSense reserves the right, at its sole discretion, to prohibit any Participant from participating in any aspect of the MoolahPoints Program if MoolahSense deems or suspects that such Participant has engaged in or has attempted to engage in any of the following: a) acting in violation of the MoolahPoints Terms and Conditions ; b) damaging, tampering with or corrupting the operation of the MoolahPoints Program or Platform; c) acting with intent to annoy, harass, or abuse any other person; d) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or e) activity deemed in the sole discretion of MoolahSense to be generally inconsistent with the intended operation of the MoolahPoints Program. Any suspected abuse, fraud, or breach of the MoolahPoints Terms and Conditions or intent of these MoolahPoints Terms and Conditions shall be determined by MoolahSense in its sole discretion.
4.7 All questions or disputes regarding an individual's eligibility for the MoolahPoints Program, the earning of MoolahPoints, or a Participant's compliance with the MoolahPoints Terms and Conditions, and the MoolahPoints Program in general, will be resolved by MoolahSense in its sole discretion. MoolahSense’s decision on such matters shall be final and binding on the Participant.
4.8 MoolahSense is not liable if it is unable to perform its obligations under the MoolahPoints Terms and Conditions , due directly or indirectly to the failure of any machine or communication system, industrial dispute, war, acts of God, or anything outside the control of MoolahSense or its servants or agents.
4.9 Save in the case of gross negligence or wilful default, MoolahSense shall not be liable for any errors, delays, omissions in the performance of its obligations under the MoolahPoints Terms and Conditions .
4.10 Participants agree to indemnify, defend and hold MoolahSense and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Participants of any of the MoolahPoints Terms and Conditions or any violation by the Participants of any applicable laws.
4.11 If any provision of the MoolahPoints Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these terms and conditions, which will otherwise remain in full force and effect.
4.12 The MoolahPoints Terms and Conditions shall be construed in accordance with the laws of Singapore irrespective of where the application for participation in the MoolahPoints Program has been completed by the Participant or submitted to MoolahSense. Any action or other legal process with respect to any matter or thing in connection with these terms and conditions or membership of the Participant shall be referred to and finally resolved by the Courts of Singapore and the Participant hereunder unconditionally submits to the exclusive jurisdiction of the Courts of Singapore.
Last updated: 12 October 2017
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