K-pay Terms & Conditions

Customer Advisory

“Kopitiam Investment Pte Ltd (“Kopitiam”), the holder of the Kopitiam stored value facility (“K-Pay”), does not require the approval of the Monetary Authority of Singapore. Consumers (Users) are advised to read the terms and conditions carefully’’.

 

1. Definitions
1.1 The following terms are defined as follows:
“K-Pay/K-Pay Account” Prepaid stored value facility using mobile phone application issued by Kopitiam Investment Pte Ltd to the User to access stored value for payment of Kopitiam products in Singapore only.
"Card Retail Counter" Points manned by Kopitiam Investment Pte Ltd staff responsible for top-up of or refund from K-Pay and provision of other services as may from time to time be determined by Kopitiam Investment Pte Ltd at its sole discretion.
"Kopitiam Card Kiosk" Self-service Automated Points to check the value or top-up of K-Pay and Kopitiam Stored Value Card (“Kopitiam Card”) by the User.
"Service Charge" A non-refundable Service Charge is paid by the User for the renewal of K-Pay services in such amount as may from time to time be determined by Kopitiam Investment Pte Ltd.
"Card or K-Pay Payment Outlets" Kopitiam outlets where payment or transaction for products can be made either with Cash, Kopitiam Card or with K-Pay.
"Outlets" Place of business owned and / or leased and operated by Kopitiam Investment Pte Ltd, its respective employees, officers, tenants, agents and / or any party from time to time appointed by Kopitiam Investment Pte Ltd to operate business at any of Kopitiam Investment Pte Ltd’s registered place of business and equipped with K-Pay Payment System.
"Payment System" The computerised system operated by Kopitiam Investment Pte Ltd whereby, inter alia, payment for or transaction of Kopitiam Investment Pte Ltd products may be effected by the User using K-Pay.
"Products" Food, drinks, foodstuff, edible products or any other products from time to time made available at all Kopitiam Outlets.
"Stored Value" The monetary value paid for and stored in K-Pay Account or the residual value remaining therein from time to time, which may be used by the User for the payment for or transaction of K-Pay Payment Services.
"User" Any registered person using K-Pay to effect transactions for products at any Kopitiam Outlet (excluding persons who are appointed or authorised to issue K-Pay, effect top-ups or refunds, or replace K-Pay).
1.2 Words importing the singular include the plural and vice versa and, words importing a gender include every gender. References herein to Clauses shall mean the clauses of these Terms and Conditions.
2. Relationship
2.1 K-Pay is issued by Kopitiam Investment Pte Ltd and its Terms and Conditions shall bind every User. Kopitiam Investment Pte Ltd shall only be liable to the User in respect of the Stored Value without any interest accruing.
2.2 By opting to pay for Kopitiam products using K-Pay, the User submits his personal information, including, but not limited to the User’s full name, and Government issued Photo I.D. such as National Registration Identity Card Number (NRIC), or Foreign Identification Number (FIN) voluntarily to Kopitiam Investment Pte Ltd; which will be used solely for transactions with Kopitiam Investment Pte Ltd.
2.3 Subject to the User’s right of refund, the User is entitled to withdraw from using K-Pay at any time, in which case, Kopitiam Investment Pte Ltd shall deregister the User’s K-Pay Account from its records.
3. Registration, Issuance and Validity of K-Pay Account
3.1 K-Pay is issued subject to the payment of the Service Charge and such other fees or charges, if any, as may be imposed from time to time by Kopitiam Investment Pte Ltd and to these Terms and Conditions. The registration of K-Pay or subsequent use thereof by the User shall be deemed to be acceptance by the User of these Terms and Conditions.
3.2 K-Pay is valid for a period of 2 years (730 calendar days) from the date of cash top up (the “Validity Period”). Upon expiry, K-Pay can be renewed at any Card Retail Counter / Kopitiam Card Kiosk for any number of times for a further period of 2 years on each renewal, subject to the payment of the Service Charge.
3.3 Kopitiam Investment Pte Ltd may at their sole discretion from time to time vary the Validity Period for K-Pay.
4. Privacy Statement and Consent to Use Protection Data
4.1 4.1 By registering a K-Pay Account, the User is deem to consent for Kopitiam Investment Pte Ltd to collect, use and disclose and process personal information set out in the digital registration form, for one or more purposes which in summary includes but not limited to the following:-
4.1.1 processing the registration and providing the User with the services and products of Kopitiam Investment Pte Ltd, as well as services and products by external providers provided through the company;
4.1.2 administering and/or managing the User’s relationship and/or Account(s) with Kopitiam Investment Pte Ltd;
4.1.3 sending the User marketing, advertising and promotional information about other products/services that Kopitiam Investment Pte Ltd, Kopitiam Investment Pte Ltd’s affiliates, business partners and related companies may be offering, and which Kopitiam Investment Pte Ltd believes may be of interest or benefit to the User (“Marketing Messages”), by way of postal mail and/or electronic transmission to the User’s email address(es).
4.2 The User’s personal data may/will be disclosed by Kopitiam Investment Pte Ltd to its third party service providers or agents (including its lawyers/law firms), which may be sited outside of Singapore, for one or more of the Purposes, as such third party service providers or agents, if engaged by Kopitiam Investment Pte Ltd, would be processing the User’s personal data for Kopitiam Investment Pte Ltd for one or more of the Purposes.
5. K-Pay Transactions and Stored Value
5.1 K-Pay is available upon successful registration and top up of value in denominations of $2, $5, $10, $20, $50; and up to $100 per K-Pay Account.
5.2 K-Pay can be topped up at any Card Retail Counter and/or Kopitiam Card Kiosk. Topping up K-Pay Account does not automatically extend and/or renew the expiry of K-Pay, which must be renewed separately.
5.3 K-Pay shall be used as a means of payment or transaction of products at all participating Kopitiam Outlets. During such payment or transaction, the Stored Value in K-Pay shall be reduced by the payment or transaction amount. The Stored Value shall also be reduced by deductions made hereunder.
5.4 In K-Pay Payment Outlets, payment can be made either by using K-Pay or in cash, but not a combination of both, for any single purchase transaction.
5.5 Notwithstanding the aforesaid, Kopitiam Investment Pte Ltd may reject the use of K-Pay for effecting payment for or transaction of Kopitiam services if:
5.5.1 K-Pay is reasonably suspected to have been fraudulently issued, stolen or tampered with;
5.5.2 the Stored Value of K-Pay is insufficient or has been exhausted; or
5.5.3 there is any breakdown in K-Pay Payment System or part thereof which disables Kopitiam Investment Pte Ltd from accepting or processing K-Pay as a means of effecting payment or transaction.
5.6 Kopitiam Investment Pte Ltd shall not be liable for any loss suffered, if any, by the User as a result thereof unless such loss is the direct consequence of the negligent or wilful default of any of Kopitiam Investment Pte Ltd employees, in which event, the maximum liability of Kopitiam Investment Pte Ltd, shall not exceed the aggregate sum of Singapore Dollars Ten Only (S$10) in respect of any one event or connected events regardless of the number of occurrences.
5.7 Kopitiam Investment Pte Ltd shall not be liable for any defects in the products or services purchased on its premises or for any other disputes concerning the said products or services.
5.8 Kopitiam Investment Pte Ltd shall from time to time introduce promotions, discounts and membership offers to the User, all of which will be at its sole discretion.
6. Termination of K-Pay Account
6.1 In the event that the registered mobile number is terminated due to reason of damage, loss or theft of the mobile phone or change of mobile number by the User, the User shall be entitled to refund of the remaining Stored Value whatsoever with the provision of their photograph identification card and their registered mobile number. Kopitiam Investment Pte Ltd shall be entitled to deduct the Stored Value for transactions effected through the terminated K-Pay Account.
7. Refunds
7.1 Subject to these Terms and Conditions, Kopitiam Investment Pte Ltd shall be fully liable to the User for the Stored Value of K-Pay Account and the User shall, subject to these Terms and Conditions, have recourse to Kopitiam Investment Pte Ltd for the refund of the Stored Value.
7.2 A full refund of any remaining Stored Value in K-Pay Account can be obtained at any Card Retail Counter and/or by seeking the Outlet Manager’s assistance, during operation hours, provided such claim is made during the Validity Period of K-Pay Account. For all cash refund, a photocopy of the User’s photograph identification card and registered mobile number will be retained for documentation purposes.
7.3 Where K-Pay Account has not been renewed for 3 years or more, K-Pay Account shall no longer be valid for further renewal, top up and / or use. The User will be entitled to claim the refund of the remaining value on such K-Pay. An administrative fee of $1.00 will be imposed, for the claim of the remaining value, for every month or part thereof beginning from the third year of expiry to the day of the claim for the refund.
7.4 The refund of the Stored Value shall be made in accordance with such procedural or operational requirements as Kopitiam Investment Pte Ltd may from time to time prescribe and failure by the User to observe or comply with such procedural or operational requirements may result in delay in processing any refund.
7.5 By effecting a refund, the User agrees that K-Pay Account will be immediately deregistered, and removed from Kopitiam Investment Pte Ltd’s records after the refund is completed.
8. Determination of Value
8.1 For the purpose of determining the Stored Value of K-Pay Account, in the event of a refund the value as determined by any Card Retail Counter and/or the Outlet Manager from either the value recorded in K-Pay or Kopitiam Investment Pte Ltd’s central records shall, save for manifest error, be deemed conclusive and binding against the User.
9. Disclaimers and Exemptions
9.1 Notwithstanding anything to the contrary contained herein, Kopitiam Investment Pte Ltd, its respective officers, employees, contractors and / or agents shall not be liable in any way to the User for any losses (including any indirect, special or consequential losses), damages, expenses, claims, liabilities and costs (including cost on a solicitor and client basis) that the User may incur or suffer in connection with or arising from:
9.1.1 the issue or use of K-Pay;
9.1.2 any delay, suspension, discontinuance or failure in the issuance of K-Pay;
9.1.3 any delay or suspension in the refund of K-Pay
9.1.4 any period when the processing of the use of K-Pay for payment is unavailable due to any disruption, defect, damage, breakdown in or failure (collectively “malfunction”) of K-Pay, the Payment System (including any data processing system, the network system or its associated equipment) whether or not due to anything beyond the control of any party or of their respective officers, employees, contractors or agents;
9.1.5 any delay or any inability to use K-Pay for any reason whatsoever, including the unavailability due to the malfunction of K-Pay Payment System or damage to or defect in K-Pay;
9.1.6 K-Pay being rejected by any Card Retail Counter and/or Kopitiam Card Kiosk for whatever reason;
9.1.7 any inability to retrieve any data or information on K-Pay; and / or
9.1.8 any delay or inability to perform any of its obligations due directly or indirectly to the malfunction of any machine or communication system, industrial dispute, war, Act of God, or anything outside the control of any party or of their respective officers, employees, contractors or agents;
provided that the same is not caused by the gross negligence or wilful default of Kopitiam Investment Pte Ltd or any of its respective officers.
9.2 Notwithstanding anything to the contrary contained herein, the maximum liability of Kopitiam Investment Pte Ltd to the User under these Terms and Conditions and at law shall not exceed in aggregate the sum of Singapore Dollars Ten only (S$10) per K-Pay Account or the Stored Value of the User's K-Pay as at the date the User’s claim arises, whichever is the lesser.
10. Indemnity
10.1 The User shall indemnify and hold harmless Kopitiam Investment Pte Ltd in respect of any and all damages, losses, costs (including costs on a full indemnity basis) and expenses suffered or incurred by Kopitiam Investment Pte Ltd or any third party by reason of any breach or non-compliance by the User of these Terms and Conditions or by Kopitiam Investment Pte Ltd enforcing any of these Terms and Conditions or preventing any breach thereof.
11. Variation
11.1 In registering for K-Pay Account, the User is deemed to have consented to Kopitiam Investment Pte Ltd’s Terms and Conditions and any variations that Kopitiam Investment Pte Ltd may from time to time implement.
11.2 Kopitiam Investment Pte Ltd reserves the right to add to, delete from, vary or otherwise amend all or any of these Terms and Conditions at any time by publication thereof at appropriate locations at all Kopitiam Outlets, Card Retail Counters, Kopitiam Card Kiosks or such other premises as may be determined by Kopitiam Investment Pte Ltd. The User’s continued use of K-Pay after the date of such notification shall be deemed to be the User's acceptance of such revised Terms and Conditions.
12. Governing Law
12.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore. Each of the parties mentioned herein hereby irrevocably and unconditionally submits to the non-exclusive jurisdiction of the Courts of Singapore for all purposes in relation to these Terms and Conditions.
12.2 These Terms and Conditions may be translated into other languages but in the event of any inconsistency or uncertainty arising there from, this English version shall prevail over any other version.
13. Contracts (Rights of Third Parties) Act (CAP.53B)
13.1 A Person who is not a party to these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act (Cap.53B) to enforce any term of these Terms and Conditions.
14. Trademarks
14.1 The Kopitiam logo is a registered Trademark of Kopitiam Investment Pte Ltd.

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