Terms

This Policy was last updated on: 1st July 2020

Rely Terms of Use

These Terms of Use (“Agreement”, “Terms of Use”) is entered into by you (“Customer” or “you“) and Rely Pte. Ltd. (“Rely”, “us”, “we”, or “our”). Please read these Terms of Use carefully before using the Rely website, including any subdomains thereof, and any other websites through which Rely makes its services available, our mobile, tablet and other smart device applications, and application program interfaces operated by Rely, through which you may purchase goods purchased via the Rely Payment Service (as defined in clause 2.1 below) (“Goods“) from Participating Merchants on deferred payment terms via the Rely Payment Service (as defined in clause 2.1 below) (the “Rely Portal“). The terms “Sites” as used in this agreement includes any website, mobile app or physical store of the Participating Merchants. This Agreement sets forth the legally binding terms for your use of the services provided in the Rely Portal (“Services”), including the Rely Payment Service.

 

Access to and use of password protected and/or secure areas of the Rely Portal and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of the Rely Portal and/or the Services, or to any other protected information, through any means not intentionally made available by us for your specific use. Any breach of this provision would constitute an offence under the Computer Misuse Act and Cybersecurity Act 2013. In the event such breach occurs, Rely will report the breach to the relevant law enforcement authorities and appropriate legal action will be taken.

 

You are only eligible to use the Rely Portal if you:

 

  • are an individual;
  • are at least 18 years of age;
  • have a valid and verifiable email address;
  • have a mobile telephone number issued in Singapore;
  • provide a valid physical residential and delivery address in Singapore;
  • are authorised to make payment in accordance with clause 4 below; and
  • register for an Account on the Rely Portal in accordance with clause 2 below.

 

Introduction

 

The Rely Portal is owned and provided by Rely and registered in Singapore under the Unique Entity Number 201625839R.

 

 

  1. General

 

  • By accessing and using the Rely Portal, you agree to be bound by and to act in accordance with these Terms of Use and our Privacy Policy.

 

  • In the event where you breach the Terms of Use, we reserve the right to immediately cease your use and access of the Rely Portal.

 

  • We reserve the right to amend the Terms of Use from time to time without notice. Such amendments shall be effective from the date they are posted on the Rely Portal. Your continued use of the Rely Portal will constitute your acceptance of the amended Terms of Use.

 

  • You agree and undertake NOT to:

 

  • impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity;
  • use the Rely Portal or the Services for illegal purposes;
  • attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Rely Portal or the Services;
  • use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Rely Portal’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Rely Portal or the Services; and
  • use the Rely Portal or the Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.

 

  1. The Rely Portal

 

  • The Rely Portal is an online platform that, amongst others, offers users the ability to purchase and pay for Goods via an extended repayment feature, such that users shall only be obliged to pay the full price of each transaction (“Transaction Value“) between a Customer and a Participating Merchant (as defined in clause 1 below) (“Transaction“) at a later date and on an interest-free installment basis according to these Terms of Use (“Rely Payment Service“).

 

  • In order to use the Rely Payment Service, you will need to register for an account on the Rely Portal (“Account“). You must not misuse the Rely Portal by creating multiple user accounts. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately through the Rely Portal. If you fail to comply with this clause, we may restrict or terminate your account immediately without notifying you.

 

  • You may at any time submit a request for us to close your Account by contacting us at https://www.rely.sg/contact. It may take up to 30 business days from the date of your request for Rely to process your request and complete the Account closure. In the event that there are any:

 

  • outstanding amounts due to Rely;
  • outstanding disputes with Rely and/or any Participating Merchant; and/or
  • investigations regarding your account or orders,

 

Rely will not process your request to close your Account until these matters are resolved. You remain liable for all obligations relating to your Account even after the Account is closed. Rely will retain your information in accordance with our Privacy Policy and any applicable regulations.

 

For the purpose of this clause 2.3, “business days” means a day (other than a Saturday, Sunday and public holiday) when commercial banks are generally open for business in Singapore.

 

  • You acknowledge and agree that:

 

  • Rely is not a licensed moneylender under the Moneylenders Act 1951;
  • Rely assumes no advisory or fiduciary responsibility with respect to you in connection with the use of the Services;
  • Rely has not provided you with any legal, accounting, regulatory or tax advice with respect to the use of the Services; and
  • You have consulted your own legal, accounting, regulatory and tax advisors with respect to the use of the Services.

 

  • We aim to provide uninterrupted access to the Rely Portal but we give no warranty as to the uninterrupted availability of the Rely Portal. We reserve the right to suspend, restrict or terminate your access to the Rely Portal at any time.

 

  • We reserve the right to add, amend, delete, edit, remove or modify any information, content, material or data displayed on the Rely Portal and without notice from time to time.

 

 

  1. Rely Payment Service

 

  • Under these Terms of Use, Rely will grant Customers access to and use of the Rely Payment Service, which will give Customers the ability to purchase Goods from retailers or retail merchants which have been approved by Rely to offer the Rely Payment Service (“Participating Merchants“) on their Sites and pay for the Goods via an extended repayment feature under which payment may be made in interest-free instalments on a later date according to these Terms of Use (“Deferred Payables“).

 

  • By using the Rely Payment Service, you acknowledge that the Participating Merchant will sell and irrevocably assign the Deferred Payables to Rely and Rely agrees to assume such Deferred Payables.
  • For the avoidance of doubt, the Rely Payment Service is a factoring agreement. The Rely Payment Service does not constitute a lending or credit facility and Rely does not provide any credit or loan to Participating Merchants or Customers.

 

  1. Payment Terms

 

  • When you submit an order for processing via the Rely Portal, the payment method and a payment schedule for the Goods will be displayed on the Rely Portal for your acceptance. You may only pay for the Goods in accordance with such payment schedule accepted by you (“Rely Instalment Plan“).

 

  • The first payment will be made at the time you place your order and subsequent payments in accordance with the date specified in the Rely Instalment Plan.

 

  • You acknowledge and agree that Rely will apply payments made by you towards the Deferred Payables (which will be computed based on the value of the Goods and displayed on the Rely Portal).

 

  • If you fail to make payments in accordance with the Rely Instalment Plan, we may at any time without notifying you cancel the Rely Instalment Plan and demand that all amounts due from you under these Terms of Use are immediately payable.

 

  • Payments for the Goods on each due date may be made using the payment method selected by you on the Rely Portal by providing your credit, debit card and/or other payment details accepted by Rely. In using such payment method, you authorise and instruct us to automatically charge or deduct the amounts for the first and subsequent payments (including any amounts payable by you under these Terms of Use) from such payment method on each due date specified in the payment schedule.

 

  • You are responsible for ensuring that you have sufficient funds to meet your payment obligations on each due date specified in the payment schedule. If for whatever reasons your bank refuses to authorise any of your payments, we reserve the right to re-attempt to process the payment at a later date. We may contact you to inform you arrange for payment of the outstanding amount.

 

  • You may make payment for any instalment payment before its due date by making payment via the Rely Portal.

 

  • You must not violate any applicable laws or regulations when making payments for the Goods using the payment method selected by you on the Rely Portal.

 

  1. Late Payment Fees

 

  • If you fail to pay any amounts in accordance with the payment schedule, a late payment fee will apply on each payment that is due on that date but not paid.

 

  • The late payment fees will be a fixed amount based on the value of the Goods. The late payment fees will be displayed on the Rely Portal when you submit an order for processing.

 

  1. Cancellation, Return, Refunds

 

  • You may request to cancel your order without any repercussions if we have not approved your Rely Instalment Plan. If your order is cancelled, Rely will waive the requirement for you to pay the Deferred Payable in respect of such Transaction. If you request for a cancellation but your Rely Instalment Plan has already been approved, your cancellation request will be invalid.

 

  • If you do not receive your order or if the item you received is wrong, damaged or defective (“Dispute“), it is your responsibility to contact the Participating Merchant immediately. If you are unable to resolve the Dispute directly with the Participating Merchant, you may notify Rely of the Dispute via the Rely Portal within 60 days of the date of the order, upon which:

 

  • Rely may require you to provide documentation and/or other information in relation to the Dispute;
  • Rely will evaluate the Dispute and will retain full discretion to make a final decision on the Dispute (“Decision“);
  • notwithstanding the outcome of the Decision, you acknowledge and agree to comply with the Decision; and
  • in the event that the Decision favours the Participating Merchant, you acknowledge and agree that you shall nevertheless remain liable for any outstanding amounts due to Rely.

 

  • We will use reasonable endeavours in good faith to resolve the Dispute and make a Decision.

 

  • All exchanges and returns must be done in accordance with the instructions set out in the Participating Merchant’s return policy. The Participating Merchant is not obliged to agree to any exchanges and returns unless all such instructions are followed to the Participating Merchant’s satisfaction. Where you request for a refund (whether in full or in part) of the Goods (“Refund“), you acknowledge that Refunds are conditional upon the Participating Merchant’s acceptance of a valid return of the Goods (where applicable), upon which the Participating Merchant shall notify Rely of the Refund via the Rely Portal.

 

  • In the event of a full Refund:

 

  • Rely shall waive the requirement for you to pay the Deferred Payable in respect of such Transaction; and
  • in the event that you have already made any instalments payments pursuant to your Rely Instalment Plan before such Refund, we will refund the equivalent amounts pursuant to clause 7.

 

  • In the event of a partial Refund:

 

  • Rely shall waive the requirement for you to pay the value of the partial Refund agreed between you and the Participating Merchant and such amount shall be deducted from the Deferred Payable;
  • Rely will pro-rate the instalments payable under the Rely Instalment Plan according to the revised Deferred Payable taking into account the partial Refund; and
  • in the event that you have already made any instalment payments pursuant to your Rely Instalment Plan before such partial Refund, Rely will refund you with an amount equivalent to the difference between the original and pro-rated instalment (“Refund Amount“) pursuant to clause 7. In the event that the Refund Amount is less than the pro-rated instalments that become due and payable, you will top up the outstanding balance on our request.

 

  • Unless otherwise agreed between you and Rely, any refund made under this clause 6 will be refunded to the payment method you have selected for making payment of the instalments under the Rely Instalment Plan.

 

  1. Assessments and Checks

 

  • You agree to provide information or documentation as reasonably requested by Rely to verify your identity and assess your capability to make payments in relation to any order made via the Rely Payment Service. You authorise us to make, directly or through third parties, any other inquiries we consider necessary to verify your identify and to assess your capability to make payments in relation to any order made via the Rely Payment Service (including any measures described under clause 2).

 

  • You authorize and give consent for us to conduct credit/litigation checks on you, including making inquiries with any credit bureau or other third parties in relation to this request, which Rely may consider necessary or deem fit subject to Rely’s discretion.

 

  1. Promotions

 

  • Rely may run promotions, subject to additional terms and conditions, which can be found on the Rely Portal and are hereby incorporated by reference into these Terms of Use. The terms and conditions of the individual promotion has to be met before orders can be eligible.

 

  • Participating Merchants may run promotions including but not limited to limited-time sales, member-only discounts and promotion codes. We are under no obligation to place your order within a stipulated time, and we shall not be held liable should the order not be placed within the promotion period. While we try to reflect the promotion in your order, we cannot guarantee that the promotion will be available or applicable to your purchase. Rely Instalment Plans will be based on the final price listed in your order.

 

  1. Permitted Use

 

  • You are only permitted to access and use the Rely Portal for your personal, non-commercial purpose. Access to and use of the Rely Portal other than for your personal, non-commercial purpose is strictly prohibited.

 

  1. Indemnity

 

  • You agree to indemnify and hold Rely, their directors, officers and employees, harmless from any claim, demand, or damage, including legal fees, asserted by any third party due to or arising out of your access of the Rely Portal or your use of the Services.

 

  1. Intellectual Property Rights

 

  • The names, images and logos (“Marks”) identifying Rely or third parties and their products and services are subject to copyright, design rights and trademarks of Rely and/or third parties, and all rights to the Marks are expressly reserved by Rely or the relevant third parties.

 

  • Nothing contained in this Agreement shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trademark, patent, design right or copyright of Rely or any other third party, without the prior written consent of Rely or such third party. The name of Rely or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of Rely.

 

  • Rely and its affiliates and licensors own and retain all rights, titles and interest in and to:

 

  • The Rely Portal;
  • All hardware, software and other items used to prove the use of the Services; and
  • All materials, including without limitation, the information, databases, data, documents, online graphics, audio and video, in the Rely Portal, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Rely, you shall not copy, modify, publish, transmit, distribute, perform, display or sell any of Rely’s proprietary information. You shall also not decompile, reverse- engineer or otherwise attempt to discover the source code of any content available on the Rely Portal except under the specific circumstances expressly permitted by law or in writing by Rely.

 

  1. Exclusions of liability

 

  • Nothing in these Terms of Use exclude or limit our liability for death or personal injury caused by our negligence or for our fraud, or excludes or limits our duties or any liability under any written rules, regulations or laws.

 

  • We use reasonable endeavours to ensure that the data, material and information on the Rely Portal are accurate and to correct any errors or omissions as soon as practicable after being notified of them. However, we are not able to guarantee that the data, material and information on the Rely Portal are accurate or that there are no errors or omissions in the data, material and information.

 

  • We do not monitor, verify or endorse data, material and information submitted or provided by third parties which is included on the Rely Portal and you should be aware that such information may be inaccurate, incomplete or out of date. In particular, we do not monitor, verify or endorse the information or quotations collected from the product and service providers as presented to you on the Rely Portal. We are not responsible for any data, material or information included on the Rely Portal which has been provided by third parties.

 

  • We do not give any warranty that the Rely Portal is free from viruses or anything else which may have a harmful effect on any technology.

 

  • We are not responsible for any losses or damages arising from an inability to access the Rely Portal, from any use of the Rely Portal or from reliance on the data transmitted using the Rely Portal where such losses or damages are caused by any event beyond our reasonable control including as a result of the nature of electronic transmission of data over the internet

 

  • We are not responsible or liable for any indirect losses or damages suffered or incurred by you or for any losses or damages suffered or incurred by you, which were not foreseeable by us through your access and use of the Rely Portal.

 

  • For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.

 

  1. Your responsibilities

 

  • You are solely responsible and liable for your conduct on the Rely Portal and for the use of the Services.

 

  • You must take all reasonable precautions (including using appropriate virus checking software) to ensure that any information, content, material or data you provide is free from viruses, spyware, malicious software, trojans, worms, logic bombs and anything else which may have a contaminating, harmful or destructive effect on any part of the Rely Portal or the websites of third parties or any other technology.

 

  • You may complete a registration process as part of your use of the Rely Portal which may include the creation of a username, password and/or other identification information. Any username, password and/or other identification information must be kept confidential by you and must not be disclosed to, or shared with, anyone. Where you do disclose to or share with anyone your username, password and/or other identification information, you are solely responsible for all activities undertaken on the Rely Portal using your username, password and/or other identification information.

 

  • You must check and ensure that all information, content, material or data you provide on the Rely Portal is correct, complete, accurate and not misleading and that you disclose all relevant facts. We do not accept any responsibility or liability for any loss or damage you may suffer or incur if any information, content, material or data you provide on the Rely Portal is not correct, complete and accurate or if it is misleading or if you fail to disclose all relevant facts.

 

  • You must ensure all information you provided during checkout and application on the Rely Portal are true and accurate.

 

  1. Privacy

 

  • We are committed to protecting your privacy and we treat your privacy very seriously. By using the Rely Portal (including the Rely Payment Service), you agree and consent for us to process your personal data and information about you in line with Rely’s privacy policy (“Privacy Policy“).

 

  • The Privacy Policy is incorporated by reference to and forms part of these Terms of Use and is available at https://www.rely.sg/privacy/. The Privacy Policy may be amended from time to time.

 

  • We may disclose your personal information or access your account if required to do so by law, any court, or any other applicable regulatory, compliance, Governmental or law enforcement agency.

 

  1. Transfers or Assignment

 

  • You shall not transfer or assign any rights and/or obligations you may have under these Terms of Use without our prior written consent.

 

  • We may transfer, assign or novate these Terms, and any rights, obligations and conditions under these Terms of Use, to a third party without your consent or notice.

 

  1. Variation

 

  • We reserve the right to amend these Terms of Use and our policies at any time at its sole discretion without prior notice. All amendments to these Terms of Use, including our policies will be posted on our Rely Portal and be effective immediately.

 

  • Your continued use after such amendments will constitute your acceptance and agreement to be bound by such amendments of these Terms of Use.

 

  1. Termination of Use

 

  • You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Rely Portal with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

 

  • Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on the Rely Portal immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Rely Portal. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

 

  1. Governing law

 

  • Any dispute arising out of or in connection with this Agreement shall be referred to and resolved by the Courts of Singapore. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Courts of Singapore.

 

  1. Miscellaneous

 

  • You agree that no joint venture, partnership, or employee relationship exists between you and us as a result of these Terms of Use or as a result of the use of the Services.

 

  • The Rely Portal is only intended for use by residents of Singapore. We make no warranty or representation that residents living outside Singapore will be able to purchase products through the Rely Portal. If you choose to use the Rely Portal from locations outside Singapore, you shall be responsible for compliance with all applicable local laws.

 

  • Except as otherwise expressly provided herein, this Agreement represents the entire agreement between you, Rely and regarding the subject matter hereof and supersedes any prior agreement between you, Rely as well as all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between us.

 

  • All disclaimers, indemnities and exclusions in this Agreement shall survive the termination of this Agreement by any reason.

 

  • If any provision of this Agreement or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and no further and, for the avoidance of doubt, the rest of this Agreement shall continue in full force and effect and the legality, validity and enforceability of the whole of this Agreement in any other jurisdiction shall not be affected.

 

  1. Notices

 

  • We may give notice by means of a general notice on the Rely Portal, or by electronic mail to your email address associated with your Account, or by written communication sent by registered mail or pre-paid post to your address associated with your Account. 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 24 hours after sending (if sent by email).