The Kopitiam Card Terms & Conditions
Customer Advisory
Kopitiam Investment Pte Ltd (“Kopitiam”), the holder of the Kopitiam stored value facility Kopitiam Card and iCard (collectively the “Kopitiam Card”), 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: | |
| “Kopitiam Card” & “iCard” | Prepaid stored value facility which are sold under Kopitiam’s brand name for payment of Kopitiam Products in Singapore only. | “Card Retail Counter” | Points manned by Kopitiam Investment Pte Ltd staff responsible for top-up of Kopitiam Card 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 effect the issuance, checking of value and expiry date, or top-up of Kopitiam Card by the User. | |
| “Service Charge” | A non-refundable Service Charge is paid by the User for the issuance of a Kopitiam Card in such amount as may from time to time be determined by Kopitiam Investment Pte Ltd. | |
| “Full Card Payment Outlets” | Kopitiam outlets where payment or transaction for products can be made only with the Kopitiam Card. | |
| “Non-Full Card Payment Outlets” | Kopitiam Outlets where payment or transaction for Products can be made either with cash or with the Kopitiam Card. | |
| “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 the Kopitiam Card 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 the Kopitiam Card. | |
| “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 a Kopitiam Card or the residual value remaining therein from time to time, which may be used by the User for the payment for or transaction of Kopitiam Products. | |
| “User” | Any person using a Kopitiam Card to effect transactions for Products at any Kopitiam Outlet (excluding persons who are appointed or authorised to sell the Kopitiam Card, effect top-ups, or replace the Kopitiam Card). | |
| 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 | The Kopitiam Card 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. | |
| 3. | Issuance and Validity of the Kopitiam Card | |
| 3.1 | The Kopitiam Card 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 purchase of the Kopitiam Card or subsequent use thereof by the User shall be deemed to be acceptance by the User of these Terms and Conditions. | |
| 3.2 | The Kopitiam Card is valid for a period of 2 years (730 calendar days) from the date of purchase (the “Validity Period”). Upon expiry, there is a grace period of 3 years for the User to renew and/or use up the remaining Stored Value. The Kopitiam Card can be renewed at any Kopitiam 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 | Where the Kopitiam Card has not been renewed for 3 years or more after expiry, the Kopitiam Card shall no longer be valid for renewal, top up and/or use pursuant to and in accordance with Clause 8 hereof. | |
| 3.4 | Kopitiam Investment Pte Ltd may at their sole discretion from time to time vary the Validity Period for the Kopitiam Card. | |
| 4. | Kopitiam Card Transactions and Stored Value | |
| 4.1 | Kopitiam Card is available for sale and top up value in denominations of $2, $5, $10, $20 and $50; and up to $100 per Kopitiam Card. | |
| 4.2 | The Kopitiam Card shall be used as a means of payment or transaction of products at all Kopitiam Outlets. During such payment or transaction, the Stored Value in the Kopitiam Card shall be reduced by the payment or transaction amount. The Stored Value shall also be reduced by deductions made hereunder. | |
| 4.3 | In Non-Full Card Payment Outlets, payment can be made either by using the Kopitiam Card or in cash, but not a combination of both, for any single purchase transaction. | |
| 4.4 | In Full Card Payment Outlets, payment can be made only by using the Kopitiam Card for any purchase transaction. | |
| 4.5 | The Kopitiam Card can be topped up at any Kopitiam Card Retail Counter and/or Kopitiam Card Kiosk. Topping up a Kopitiam Card does not automatically extend and/or renew the expiry of the Kopitiam Card, which must be renewed separately. | |
| 4.6 | Notwithstanding the aforesaid, Kopitiam Investment Pte Ltd may reject the use of the Kopitiam Card for effecting payment for or transaction of Kopitiam Products if: | |
| 4.6.1 | the Kopitiam Card is reasonably suspected to have been fraudulently issued, stolen or tampered with; | |
| 4.6.2 | the Stored Value of the Kopitiam Card is insufficient or has been exhausted; or | |
| 4.6.3 | there is any breakdown in the Kopitiam Card Payment System or part thereof which disables Kopitiam Investment Pte Ltd from accepting or processing the Kopitiam Card as a means of effecting payment or transaction | |
| and 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. | ||
| 4.7 | 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. | |
| 4.8 | 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. | |
| 5. | Care and Use of the Kopitiam Card; Loss or Theft of the Kopitiam Card | |
| 5.1 | The User shall: | |
| 5.1.1 | exercise all due care and diligence in the custody, care and use of the Kopitiam Card; | |
| 5.1.2 | not tamper or allow anyone to tamper with the Kopitiam Card; | |
| 5.1.3 | not permit the Kopitiam Card to be used in any unauthorised manner; | |
| 5.1.4 | not intentionally deface or damage the Kopitiam Card; | |
| 5.1.5 | not affix, print or attach anything or matter onto the Kopitiam Card or otherwise alter, remove or replace any notice, logo or design on the Kopitiam Card; | |
| 5.1.6 | not use or attempt to use the Kopitiam Card through any electronic terminal that is malfunctioning or has broken down. | |
| 5.2 | Any attempt to affix, print or attach anything or matter onto the Kopitiam Card or otherwise alter, remove or replace any notice, logo or design on the Kopitiam Card will result in damages that Kopitiam Investment Pte Ltd may seek against the User. | |
| 5.3 | If the Kopitiam Card is wilfully damaged, lost or stolen or if the User is in breach of Clause 5.1 hereof, Kopitiam Investment Pte Ltd shall be entitled to deduct the Stored Value for transactions effected through the damaged, lost or stolen Kopitiam Card. | |
| 6. | Damaged Kopitiam Cards | |
| 6.1 | If, in the opinion of Kopitiam Investment Pte Ltd, that the User’s Kopitiam Card is damaged or becomes defective on account of normal wear and tear or otherwise through no fault of the User, the User shall be entitled to transfer the remaining Stored Value to a new Kopitiam Card. | |
| 6.2 | Subject to paragraph 6.1, Kopitiam Investment Pte Ltd reserves the right to deal with and to take such course of action as it may think appropriate with respect to the damaged Kopitiam Card including but not limited to, replacement of damaged Kopitiam Card; withholding the Stored Value thereof (if determinable) or otherwise. | |
| 7. | Return and Retention of the Kopitiam Card | |
| 7.1 | The Kopitiam Card remains the property of Kopitiam Investment Pte Ltd and shall be promptly returned to Kopitiam Investment Pte Ltd or any Kopitiam Outlet upon request by Kopitiam Investment Pte Ltd subject always to the User’s right to transfer the remaining Stored Value to a new Kopitiam Card, in accordance to these Terms and Conditions in particular to Clause 8 hereof. | |
| 7.2 | Kopitiam Investment Pte Ltd shall be entitled without assigning any reason therefore to retain at any Kopitiam Outlet any Kopitiam Card which is reasonably suspected to have been fraudulently issued, stolen or tampered with. | |
| 8. | Refunds | |
| 8.1 | In compliance to the Payment Services Act 2019, the User is not entitled to receive any refund of the remaining Stored Value from Kopitiam Investment Pte Ltd. Users are encouraged to use up the remaining Stored Value in the Kopitiam Card. | |
| 9. | Determination of Value | |
| 9.1 | For the purpose of determining the Stored Value of the Kopitiam Card, the value as determined by any Kopitiam Card Retail Counter and/or the Outlet Manager from either the value recorded in the Kopitiam Card or Kopitiam Investment Pte Ltd’s central records shall, save for manifest error, be deemed conclusive and binding against the User. | |
| 10. | Disclaimers and Exemptions | |
| 10.1 | 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 | |
| 10.1.1 | the issue or use of the Kopitiam Card; | |
| 10.1.2 | any delay, suspension, discontinuance or failure in the issuance of the Kopitiam Card; | |
| 10.1.3 | any period when the processing of the use of the Kopitiam Card for payment is unavailable due to any disruption, defect, damage, breakdown in or failure (collectively “malfunction”) of the Kopitiam Card, 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; | |
| 10.1.4 | any delay or any inability to use the Kopitiam Card for any reason whatsoever, including the unavailability due to the malfunction of Kopitiam Card Payment System or damage to or defect in the Kopitiam Card; | |
| 10.1.5 | the Kopitiam Card being rejected by any Kopitiam Card Retail Counter and/or Kopitiam Card Kiosk for whatever reason; | |
| 10.1.6 | any inability to retrieve any data or information on the Kopitiam Card; and/or | |
| 10.1.7 | 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. | ||
| 10.2 | 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 Kopitiam Card or the Stored Value of the User’s Kopitiam Cardas at the date the User’s claim arises, whichever is the lesser. | |
| 11. | Indemnity | |
| 11.1 | 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. | |
| 12. | Variation | |
| 12.1 | In purchasing the Kopitiam Card, 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. | |
| 12.2 | 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, and/or Kopitiam Card Kiosk, or www.kopitiam.biz/terms-conditions/ or such other premises as may be determined by Kopitiam Investment Pte Ltd. The User’s continued use of the Kopitiam Card after the date of such notification shall be deemed to be the User’s acceptance of such revised Terms and Conditions. | |
| 13. | Governing Law | |
| 13.1 | 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. | |
| 13.2 | 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. | |
| 14. | Contracts (Rights of Third Parties) Act (CAP.53B) | |
| 14.1 | 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. | |
| 15. | Trademarks | |
| 15.1 | The Kopitiam logo is a registered Trademark of Kopitiam Investment Pte Ltd. | |
