TERMS AND CONDITIONS FOR FoMo
VERSION 1.0 01 MAY 2022
Friends of Millionaireasia Only (FoMo) Card Agreement between Millionaireasia Pte Ltd (“MA”) and the Merchant. You agree to accept the FoMo card as a Merchant that offers discounts and promotions to goods and services, subject to the terms and conditions set forth below (the “Terms”). By taking part in this programme, you agree to be bound by these Terms. If you utilise the programme in a manner inconsistent with these Terms, MA may terminate this agreement, block your future service and/or seek such additional relief as MA deems fit. If MA is to modify these Terms, such modifications shall be effective immediately upon posting of the modified Agreement on its website. You agree to review the Terms periodically to be aware of such modifications and your continued use of the programme shall be deemed your conclusive acceptance of the modified Terms.
1) The FoMo card will be launched on 1 May 2022. The period of agreement between MA and you is from the date in which MA approved your application as a merchant to 31 December of each calendar year, subject to your renewal.
2) An Annual fee is chargeable. You may renew your participation to the programme, on yearly basis, at a fee of $500, per calendar year. The renewal fee may be changed from time to time and you will be notified of such changes before each renewal.
3) Subject to negotiation, you may be required to pay commission to MA, for the revenue from FoMo member transactions.
4) Goods and/or services delivered must be strictly in accordance with discounts/ promotions referred to in Appendix A (to be provided by you). Your offer shall be updated in MA’s website. You agree not to deviate in any way from terms, conditions or specifications of the discounts/ promotions, unless MA has been given at least 2 week’s advance notice. In any event, you change/update your offer, an administrative charge of $50/- will be imposed by MA.
5) You shall display the plastic decal (if possible), provided by MA, indicating that you are a participating Merchant, prominently at your place of business.
6) To obtain discounts/ promotions at your place of business, the cardholder must present you with their FoMo Card or any of MA’s membership card(s) (physical or digital) indicating that he/she is a valid cardholder for further verification, you may require the cardholder to show proof of identity to match the name as indicated in the card. For cards that cannot be sighted or verified, you have a right not to offer any discounts/ promotions.
7) Merchants consent under the ‘Personal Data Protection Act 2012’ to the collection, use and disclosure of their personal information by/to MA and other third parties as MA may reasonably consider necessary for the purpose of the Campaign and confirm that they agree to be bound by the terms of MA Statement of Personal Data Protection, a copy of which can be found on: www.millionaireasia.com.
8) You agree to indemnify, defend and hold harmless MA, its director, managers, officers, staff and any third-party service providers of the FoMo Card programme from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms by you.
9) In no event shall MA be liable for any special, indirect, incidental or consequential damages, loss of revenue or profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or loss of property or (to the extent permitted by the law) personal injury or death, arising under or in connection with this programme.
10) You have the right to cancel your subscription to the programme at any time by providing MA two weeks’ notice in writing. In such event, any subscription fees paid (if any) to MA shall not be refundable.
11) MA reserves its right in its sole discretion to cancel or suspend your subscription where it has reason to do so. If MA cancels your subscription, MA shall refund the balance of the current annual subscription fees (if any) on a pro rata basis in respect of the unexpired period to which the annual subscription fee relates.
12) Limitation of liability
a. All descriptions of any products, services or benefits provided by you to MA have been approved. The MA shall not be liable for any inaccurate or misleading descriptions.
b. In no event shall the MA be liable for any special, indirect, incidental or consequential damages, loss of revenue or profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or loss of property or (to the extent permitted by the law) personal injury or death, arising under or in connection with the discount program offered by the merchant.
c. In no event shall the MA’s aggregate liability to the merchant in respect of all other losses arising under or in connection with their membership, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total value of the merchant’s annual membership fee.
d. The MA may assign or deal with these Terms in favour of any of its subsidiaries, subcontractors or appointed agents to carry out any of its obligations herein. The MA shall not be responsible to the merchant for any delay in performance or non-performance of its subcontractors and/or agents due to causes beyond its reasonable control.
e. Except as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms.
f. This Clause 12 shall survive termination of these Terms.
13) Supply of services
a. The merchant shall supply services to the members during the participation of the program, in accordance with the Term. MA shall not be required to provide or facilitate the provision of goods and/or services that it deems at its sole discretion may violate applicable laws, standards and/or regulations or may offend taste and decency in the relevant jurisdiction.
b) The MA shall have the right to make any changes to any services which it considers in its sole discretion are necessary to comply with any applicable law or health and safety requirement, or which do not materially affect the nature or quality of the services, and the MA shall notify the member in any such event.
c) You acknowledge that the MA reserves the right to accept commissions upon the supply of products and/or services or performance of services by it or any supplier.
14) Feedback and Suggestions
Complaints or violations of these Terms by any merchant should be reported to the MA immediately. Any member with a suggestion or complaint concerning any other member or any aspect of the membership or Terms may direct his or her comments to the MA in writing.
a. The MA reserves the right to interpret, apply and communicate these Terms as posted on its website. All decisions made by the MA shall be final and conclusive in each case.
b. These Terms shall be governed by and construed in accordance with the laws of the Republic of Singapore. Any unresolved dispute arising under, out of, or in connection with these Terms, including any questions regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force.
c. Notwithstanding anything in these Terms, in the event of any dispute no party shall proceed to any dispute resolution unless the parties have made reasonable efforts to resolve the same through mediation in accordance with the mediation rules of the Singapore Mediation Centre for the time being in force.
d. To the extent that any provision contained or referred to herein is contrary to anything contained in any applicable laws, government regulations, orders or requirements that cannot be waived by agreement of the parties, such provision shall not apply. The invalidity of any provision shall not affect the validity of any other provision.