Online Policy & Terms and Conditions

Introduction – This document contains the following documents from FOMO Pay’s Online Merchant Website.

  1. Terms of Service
  2. Delivery Policy
  3. Refund Policy
  4. Privacy Policy
  5. Security Capabilities Policy for Transmission of Payments
  6. Contact Us Information

  

SECTION I - Terms Of Service

  

Introduction

This website is operated by FOMO Pay Pte Ltd (FOMO Pay). The terms “we," “us," and “our” refer to FOMO Pay. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided on the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.

We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including, terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly, and your continued access or use of our website will mean that you agree to any changes.

You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.

 

Use of our Website

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason, this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the "Linked Sites"), which are not operated by FOMO Pay.  FOMO Pay has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.

 

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material, which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense, and FOMO Pay will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

 

Intellectual Property, Software and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of FOMO Pay or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by FOMO Pay and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

 

Terms of Sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with FOMO Pay you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. FOMO Pay retains the right to refuse any request made by you. If your order is accepted, we will inform you by email, and we will confirm the identity of the party which you have contracted with. This will usually be FOMO Pay or may in some cases be a third party. Where a contract is made with a third party, FOMO Pay is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract - When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you the confirmation by e-mail that the goods which you ordered to have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability - Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment - Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched, and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

 

Disclaimer of Liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law FOMO PAY and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect FOMO PAY's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

 

Linking to this Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

FOMO Pay may provide links to other sites ("Linked Sites") that may be of relevance and interest to you.  FOMO Pay has no control over, and is not responsible for the privacy practices or the content of such Linked Sites, and you hereby waive any claim against us with respect to the Linked Sites.

 

Disclaimer as to ownership of trade marks, images of personalities and third party copyright

Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with [Your Online Store URL] and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to FOMO Pay

 

Use of Cookies 

In order to improve our products and services, we collect data by way of “cookies”.  Cookies help us measure the number of visits, average time spent, page views and other statistics relating to your access to the Site or App.  This information allows us to better administer the Site and App, and provide a more tailored and user-friendly service to our Site visitors and App users.  Cookies also enable you to use or access certain features or services of our Site or App, including the shopping cart and check-out features.  For example, cookies help us store preferences or retrieve products in your shopping cart between visits, from our servers.  Cookies are small data files that are sent to your browser from our Site or App and are stored on your computer’s or device’s hard drive.  Each time you visit our Site or App from the same computer or device, the cookie will be retrieved from your computer or device, enabling our Site or App to recognize your computer or device as having previously visited our Site or App and thereby increase the functionality of our Site or App on your computer or device.  Our cookies cannot be used to get data from your hard drive, to get your email address or any other data that can be traced to you personally.  Most web browsers and devices can be set to notify you when you receive a cookie or to prevent cookies from being sent; if you use these features, you may limit the functionality we can provide you when you visit our Site or App.

 

Indemnity and Variation

You agree to indemnify, defend and hold harmless FOMO Pay its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

FOMO Pay shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Invalidity and Waiver

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Entire Agreement & Right to Amend Policy

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and FOMO Pay. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of FOMO Pay. 

FOMO Pay reserves the right to amend the prevailing Security & Privacy Policy at any time and will place any such amendments on this Site or App.

 

Complaints, Questions or Concerns

Please direct any questions or concerns to customer-service@fomopay.com

Please provide your name, contact number, email address and all relevant details along with your question or concern, so that we can review and respond to your question or concern in an efficient and effective manner.

 We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

Governing Law

This Policy is governed by and shall be construed in accordance with Singapore law including without limitation the provisions of the Evidence Act (Chapter 97), Electronic Transactions Act (Cap. 88) and the PDPA, without giving effect to any principles of conflicts of law.  You agree to submit to the non-exclusive jurisdiction of the Singapore courts.

 

 

 

SECTION II - Delivery Policy

 

In the ordinary course of executing the sales transaction, the actual rules on delivery may be specified for the client to acknowledge.  In absence of this, the following rules apply:

All orders are subject to product availability. If an item is not in stock at the time you place your order, we will notify you and refund you the total amount of your order, using the original method of payment.

Delivery Location - Items offered on our website are only available for delivery to addresses indicated   Any shipments outside of these areas are not available at this time.

Delivery Time - An estimated delivery time will be provided to you once your order is placed. Delivery times are estimates and commence from the date of shipping, rather than the date of order. Delivery times are to be used as a guide only and are subject to the acceptance and approval of your order.

Sales tax is charged according to the rules of the jurisdiction which the item is shipped, as applicable

Damaged Items in Transport - If there is any damage to the packaging on delivery, contact us immediately at customer-service@fomopay.com.

 

 

SECTION III  REFUND/RETURN POLICY

 

In the ordinary course of executing the sales transaction, the actual rules on refund or return may be specified for the client to acknowledge.  In absence of this, the following rules apply.

Non Digital Products -We accept returns. You can return unopened items in the original packaging within 7 days of your purchase with receipt or proof of purchase. If 7 days or more have passed since your purchase, we cannot offer you a refund or an exchange.    Upon receipt of the returned item, we will fully examine it and notify you via email, within a reasonable period of time, whether you are entitled to a return. If you are entitled to a return, we will refund your purchase price and a credit will automatically be applied to your original method of payment. 

Only regular priced items may be refunded. Sale items are non-refundable. To follow-up on the status of your return, please contact us Fomo Pay Pte Ltd at customer-service@fomopay.com.

Digital products which are consumable or downloadable are not eligible for return

 

 

 

SECTION IV - Security & Privacy Policy

We at FOMO Pay Pte Ltd (“FOMO Pay” “we,” “us,” “our”) know that our users and customers (“you,” “your”) care about how your personal information is collected, used and shared, and we take your privacy seriously.  Please read this Security & Privacy Policy (“Policy”) to understand how FOMO Pay may collect, use and disclose your personal data, whether through the FOMO Pay website at http://www.fomopay.com (“Site”), the FOMO Pay mobile application (“App”), or otherwise in the course of our normal business operations.  

 

Consent

By accessing the Site, App and/or providing personal data to FOMO Pay, you hereby acknowledge that you have read this Policy and that you consent to the collection, use and disclosure of your personal data by FOMO Pay in accordance with this Policy.  If you do not consent to the terms of this Policy, please do not access the Site, App or provide your personal data to FOMO Pay.  

FOMO Pay does not knowingly collect or solicit personal data from those below the age of 18, or knowingly allow such persons to register an account with FOMO Pay (“Account”). If you are under 18, please do not use the Site or App, or attempt to register an Account or send any personal data about yourself to us.

 

What is Personal Data?

“Personal data” means data about a person who can be identified (i) from that data, or (ii) from that data and other information to which FOMO Pay has or is likely to have access. 

 

What personal data does FOMO Pay collect?

We may gather various types of personal data of our users and customers, as explained more fully below.

Data that is voluntarily provided. FOMO Pay collects personal data that you voluntarily provide to us, whether through the Site, App or other platforms or channels (such as through email, telephone and other forms of communication).  At various places on the Site or App, or in the course of obtaining the services provided by FOMO Pay, you may be required to provide certain personal data such as your full name, email address, address, country of residence, telephone number and other personal information, in order to access or use certain features or services of the Site or App, or to otherwise obtain our services.  For example, personal data may be collected when you register an Account, make a purchase, enter a contest, promotion or survey, fill up a form, provide comments, suggestions or feedback, or when you contact our customer service or helpdesk via email, phone or other channels. You can always choose not to provide your personal data, but you may not be able to access or use certain features or services of the Site or App, or to obtain certain services from us.  

Data that is sent automatically.  In addition, FOMO Pay collects data that is sent automatically by your web browser, computer, mobile or tablet device.  This may include your IP address, the address of the web page you were visiting when you accessed our Site, date and time of your visit, information about the device you are using and other information.  Please check the settings of your browser and/or device if you want to know what data is automatically sent or if you wish to change your settings. 

 

How do we use your data?

Generally, we collect personal data in order to provide our products and services to you, and to personalize and improve our services and your user and customer experience with FOMO Pay.  Personal data collected may be used:

  1. to process, record, monitor and fulfil your orders and deliveries;
  2. to verify and process your personal particulars and payment;
  3. to communicate with you, including to confirm and update you on the status of your orders and deliveries, and respond to your queries and requests;
  4. to improve our products or services;
  5. to inform you of promotions, offers, surveys, events, products and services, which may be of interest to you;
  6. to conduct marketing research, user profile and statistical analysis;
  7. to customize your online experience according to your chosen interests and preferences and enhance your current and future visits to the Site, use of the App and customer experience with us;
  8. to update and back-up our records;
  9. to reduce credit risk, detect and protect us against error, fraud and other criminal activity;
  10. to comply with law, the requests of law enforcement and regulatory officials, or orders of court;
  11. to enforce our legal rights and remedies; or
  12. for such other purposes notified to you on or before collection or use of the data.

 

Who do we disclose your data to?

We do not rent, trade or sell your personal data. Your personal data will not be disclosed by FOMO Pay to any third party, except to:

  1. any affiliate, subsidiary or partner of FOMO Pay;
  2. our technology, marketing and logistics service providers; 
  3. credit card and payment processing companies;
  4. lawyers, auditors, professional advisors and investors of FOMO Pay; or
  5. any other agents, service providers or subcontractors acting for or on behalf of FOMO Pay,

to the extent required to carry out the purposes set out in Section D, or to do anything at your request; or where you expressly consent to such disclosure; or where such disclosure is required or permitted by applicable law, statute, stock exchange regulation or by-law, regulatory or governmental order or court order.  

From time to time, we may collaborate with other third parties to organize joint marketing and promotional campaigns, offers or contests, and may require disclosure of your information to such third parties.  For example, where a promotion or Voucher Code is specially offered to customers of our third party partner, we may share your information with that partner to the extent relevant to such promotional campaign. In some cases, you may not be able to enjoy the promotion, offer or participate in the contest, unless you consent to disclosure to our partner of your information.

Recipients of your personal data may be located outside Singapore.  You agree that we may transfer your personal data to our affiliates, subsidiaries and/or other third parties located outside of Singapore, as long as the personal data is handled in accordance with this Policy and all applicable laws. FOMO Pay will ensure recipients of your personal data are legally bound to provide a standard of protection for your personal data comparable to the protection afforded under the Personal Data Protection Act 2012 (No. 26 of 2012). 

 

How long do we retain your data?

Personal data provided by you will be retained as long as the purpose for which the data was collected continues. Thereafter, FOMO Pay will destroy or delete the information, or remove the means by which the data can be associated with you, unless its retention is required to satisfy legal, regulatory, accounting or other business requirements or to protect FOMO Pay’s interests. 

 

Is your data secure? 

As your Account is protected by a password for your privacy and security, we ask that you take steps to protect against unauthorized access or use of your Account.  Please select and protect your password appropriately and limit access to your device and browser by signing off after you have finished accessing your Account. You are responsible for any loss, theft and compromise of your password and Account Information, and any activity on your Account that takes place through unauthorized password use.

We understand the importance of keeping your personal data private and secure.  We therefore put in place security arrangements to protect your privacy and personal data, in a manner that we believe is reasonably appropriate to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks.  Please be informed that despite our best efforts, no security measures are impenetrable.  Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of your personal data.  FOMO Pay does not warrant or guarantee in any way that your personal information or private communications will always remain private and/or safe. FOMO Pay hereby disclaims any responsibility or liability directly or indirectly arising out of or in connection with, any loss, theft, or unauthorized access, collection, use, disclosure, copying, modification, disposal or similar actions with regard to any personal data held or maintained by us, except to the extent caused by our fault or negligence

 

SECTION V – Security Capabilities Policy for Transmission of Payments

What information do we collect and how d­o we use it?

When you place an order through this website, you need to know your name, email, phone number, address and credit card details, if paying by card card. This information ­allows us to process and fulfill your or­der successfully. It also helps us in ma­intaining your account.

How does FOMO Pay Pte Ltd protect customer infor­mation?

When you place orders, we use a secure ­server. The secure server software (SSL)­ encrypts all information you input befo­re it is sent to us. Furthermore, all of­ the sensitive customer data we collect ­is protected by several layers of encryp­tion and several layers of security to ­ prevent unauthorized access.

Credit Card Details

All credit card payments are processed ­securely through the Wirecard­ Singapore Pte. Ltd Payment by credit card is the only way­ to place an order. FOMO Pay Pte Ltd. does not st­ore any credit card information on our s­ervers.

What About Cookies

"Cookies" are small pieces of information that are stored by your browser on your computers hard drive. Our cookies do not contain any personally identifying information. They allow you to place your online order and to login once you are subscribed . Most web brewers automatically accept cookies, but you can usually change your browser to prevent that. You do not need cookies enable to use the website. The Website uses "session cookies" which are only stored in your browser's memory for the length of time you are actually logged in.

Your Consent

By Using our website, you consent to the collection and use of this information by FOMO Pay Pte Ltd. If we decide to change our privacy policy we will post those changes on this pages so that you are always aware of what information we collect, how we may use it, and under what circumstances we disclose it.

Payment Gateway Info­

Our payment options presently available­ are limited but, most importantly, safe­ and secure. We offer Credit Card paymen­ts for all our registered users. Credit ­Card payments are made directly through ­a SSL Encrypted software to ens­ure your personal details are kept safe­. None of your payment details are stored – this ensures you will be happy with the security of your transaction.

 

SECTION VI – Contact details

 

Please direct any questions or concerns to:

FOMO Pay Pte. Ltd.
138 Towner Rd, Singapore 327822
customer-service@fomopay.com
+65 6715 8451