StarPay Terms of Service 

1. Introduction

1. StarPay is a mobile payment service provided by CapitaStar. Your use of StarPay is subject to these StarPay Terms of Service and the prevailing CapitaStar Terms and Conditions (which together, for purposes of these StarPay Terms of Service, we refer to as the “Terms”). Your use of StarPay requires that you agree to the Terms. Your use of your cards with StarPay is also subject to the prevailing terms and conditions imposed by your card issuer.  

2. General Description of StarPay

1. StarPay facilitates mobile payment transactions using a credit or debit card registered via StarPay at participating retailers. The payment service is provided by Wirecard. By using StarPay and adding a charge, credit or debit card to StarPay, you authorise Wirecard to process your charge, credit or debit card, when you incur transactions or fees at participating retailers using StarPay. You agree and acknowledge that Wirecard is the party responsible for collecting and storing your charge, credit or debit card information when you enroll such cards on StarPay, and for processing the charge, credit or debit card transaction, and that CapitaStar is only responsible for storing part of your card details as further described below.

3. Using StarPay

1. Age Restriction

i. To use StarPay you must be 16 years of age or older.

2. Basic Use Requirements

i. To use StarPay you will need a device that meets the service’s system and compatibility requirements, which may change from time to time, working internet access, and compatible software. Your ability to use StarPay, and StarPay’s performance, may be affected by these factors. Such system requirements are your responsibility. 

3. Getting Started

i. You must have a CapitaStar account and the CapitaStar mobile app to have the StarPay service. In order to start using StarPay, you must add a charge, credit or debit card to StarPay in the CapitaStar mobile app. You are solely responsible for the adding of such charge, credit or debit cards to StarPay.

ii. When you add a charge, credit or debit card to StarPay, the service is re-directed to the payment gateway, Wirecard, and the card information that you enter in your device is fully processed by the Wirecard payment gateway. StarPay only stores a portion of your actual card numbers, an encrypted token (only readable by Wirecard) of your card details, and the card type, to help you manage your cards in your CapitaStar mobile app. CapitaStar does not have or store your full credit card information (this is stored by Wirecard). 

iii. When you make a payment with StarPay, the transaction is processed immediately to the selected card via the Wirecard payment gateway. It is assumed that the transacted amount is agreed with the relevant retailer upon transacting. Any dispute that arises with the transacted amount must be resolved with the retailer by you at your own cost. The CapitaStar app may display your recent transaction history for each payment made with StarPay. 

iv. An added charge, credit or debit card may be removed from StarPay on a given device and become unusable with the service if: (i) you delete the card from StarPay; (ii) you erase your mobile device; (iii) you delete your CapitaStar mobile app; (iv) any authorized party for instance but not limited to, your card issuer or payment network, instructs CapitaStar to remove the cards from StarPay. 

v. Your use of StarPay with any added charge, credit or debit card is governed by these Terms as well the applicable terms and privacy policy from your card issuer. You are responsible for any charges and related fees that may be imposed under such issuer terms or privacy policy as a result of your use of such cards. You warrant and represent that the charge, credit or debit card you are using is valid (i.e. not expired) and that you are not using fraudulent cards or card account information, and you shall provide accurate and adequate information in order for card transactions to be processed by Wirecard. Nothing in these Terms modifies such issuer terms or privacy policy. In the event of any inconsistency between these Terms and your card issuer’s terms, these Terms will govern the relationship between you and StarPay with respect to StarPay, and your issuer’s terms will govern the relationship between you and the issuer. 

vi. You agree not to use StarPay for unlawful or fraudulent purposes, or otherwise in violation of applicable law and regulation. You shall not use StarPay to process a payment transaction, or otherwise transfer money between you and a retailer, that is unrelated to a purchase of a relevant product and/or service. StarPay may not be used for remittance or money transfer purposes or to receive cash advances from retailers or to facilitate the purchase of cash equivalents (traveller’s cheques, prepaid cards, money orders, etc). You may not use StarPay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree not to directly or indirectly interfere with, disrupt, or otherwise misuse StarPay, including any of its related servers, networks, or other infrastructure. You agree that StarPay is for your personal use, with your own charge, credit or debit cards. If you use StarPay with an eligible corporate card, you agree that you are doing so with your employer’s authorisation and with the ability to bind your employer to these Terms. 

4. CapitaStar Role

i. While StarPay enables you to store your charge, credit or debit cards and make payments to participating retailers via the Wirecard payment gateway, CapitaStar does not process any payment transaction, and does not exercise control over the availability or accuracy of charge, credit or debit cards, funds, payments, refunds, or chargebacks;, or addition of funds to charge, credit or debit card balances; or other commercial activity relating to your use of StarPay. For any concerns relating to the foregoing, please contact your card issuer. You acknowledge and agree that your purchases through StarPay are transactions between you and the merchant and not with CapitaStar or any of its affiliates. For disputes relating to payment transactions conducted using StarPay, contact the appropriate merchant. CapitaStar is not a party to your charge, credit or debit card agreements, and is not involved in issuing credit or determining eligibility for credit. CapitaStar does not make any representation or verify that any of your credit or debit card is in good standing or that the issuer of your credit or debit card will authorize or approve any purchase from a merchant when you use StarPay for that purchase. CapitaStar may from time to time impose payment limits on transactions entered into via the StarPay service (including maximum amount per transaction), and restrict the types of cards that may be added to or stored for use with the StarPay service. 

ii. You agree and acknowledge that the payment processing and payment gateway services are provided by Wirecard as the service provider, and provided to you through StarPay on a pass-through basis, and accordingly you understand that your use of the StarPay service is subject to Wirecard’s disclaimers, limitations and exclusions, including the following:

1. Wirecard does not guarantee that the implementation of security measures will ensure that the card transactions are secure or impregnable, and you acknowledge that Wirecard shall not be held responsible or liable for any loss caused to any persons due to infiltration of an internet service provider's security systems;

2. Wirecard’s obligations, duties and liabilities are subject to the performance and satisfactory completion of customary anti-money laundering, sanctions and “know your customer” reviews, if such reviews are elected to be performed;

3. encryption of a card transaction does not guarantee that payment in relation to such card transaction will be made to us or participating retailers (as the case may be); and

4. Wirecard shall not be liable for any disruption, defect or breakdown in or failure of any system used in connection with the card transactions or any telephone or other communication system or facilities, or any act or omission which is required by any change in any applicable laws, regulations or official directives. 

4. Data Privacy and Personal Data Protection Policy

1. Information Use and Sharing

i. In order for CapitaStar to provide StarPay services, in addition to the purposes set out in the CapitaStar Terms and Conditions, you consent to and permit CapitaStar to share and disclose your device, payment, location, and account information with your credit or debit card issuer, payment network, Wirecard, or any providers authorised by your card issuer, and to collect, store and use such information to provide you with the StarPay functionality. Where necessary to process your transactions, you also permit CapitaStar to use, share and disclose your personal information with retailers, payment processors, and other third parties. 

2. Information CapitaStar May Collect

i. In order for CapitaStar to provide and improve StarPay services, in addition to the purposes set out in the CapitaStar Terms and Conditions, you consent to and permit CapitaStar to collect transaction, account, and other personal information from third parties, including retailers. 

5. Indemnity

1. By using StarPay, you hereby agree to indemnify and keep indemnified CapitaStar and in addition, do not hold CapitaStar responsible for any and all liabilities, financial losses, claims, damages and/or expenses which CapitaStar may incur from the misuse of StarPay, your breach of the Terms or infringement of CapitaStar’s intellectual property (as applicable) as a result of your use of StarPay.

6. Liability

1. YOU IRREVOCABLY AGREE THAT 

i. THE STARPAY SERVICE IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY AND THAT CAPITASTAR, CAPITALAND LTD, THEIR RESPECTIVE RELATED CORPORATIONS AND AFFILIATES, OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS (“Relevant Parties”) SPECIFICALLY DISCLAIM AND EXCLUDE ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ii. CapitaStar and the Relevant Parties do not have any control over the products or services that are paid for with the StarPay service and cannot ensure that a retailer you are dealing with will actually complete the transaction or is authorized to do so. CapitaStar and the Relevant Parties does not guarantee continuous, uninterrupted or secure access to any part of the StarPay service, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control.

iii. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU IRREVOCABLY AGREE THAT NONE OF THE RELEVANT PARTIES SHALL HAVE ANY LIABILITY TO YOU OF ANY NATURE WHATSOEVER FOR ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT OR INDIRECT, THAT YOU MAY SUFFER OR INCUR OR BE EXPOSED TO IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE STARPAY SERVICE, ANY DATA PROVIDED IN CONNECTION WITH THE STARPAY SERVICE OR THE DISCLOSURE THEREOF, OR ANY BREACH OF THE TERMS OF THESE TERMS. IF TO ANY EXTENT SUCH LIABILITY CANNOT BE EXCLUDED, THE MAXIMUM LIABILITY OF THE RELEVANT PARTIES SHALL BE LIMITED TO ONE SINGAPORE DOLLAR IN AGGREGATE.

7. Termination

1. CapitaStar (including all its subsidiaries, brands, related and/or associated companies/brands) reserves the right to terminate and/or suspend your StarPay functionality at any time for whatsoever reason, and is not obligated to disclose the reason behind the termination and/or suspension.

2. In the situation whereby you violate or CapitaStar has reason to suspect violation of these Terms, CapitaStar reserves the right for immediate termination and/or suspension of your account. Upon suspension or termination of your use of StarPay, you remain liable for all payment transactions and/or any other obligations you may have incurred under these Terms.