CashWise Platform Services Agreement

Platform Services Agreement

This agreement (the "Agreement") constitutes a legal agreement between you and CASHWISE PTE. LTD. (Company No. 202316355W) ("CashWise", or “We” or “Us”) setting out the terms in relation to the use of our platform (available at www.cashwise.asia, the “Platform”)) and the services provided to you through the Platform (the “Services”). By accessing or using the Platform and Services, you have also read and agreed to our Privacy Policy, as may be updated from time to time.


1. Access and Use of the Platform and Services

1.1 In order to access and use the Platform and/or Services, you may be required to provide personal information to us, including but not limited to:

(a) your name, age and address;

(b) email address and other contact information;

(c) your account information on the Platform, including username and password, security questions and answers etc.; and

(d) any additional information as may be required by us to allow you access to the Platform and/or Services.

1.2 You agree and undertake that:

(a) the information you have provided to us are true, accurate, updated and complete; and 

(b) your access and use of the Platform and/or Services shall be strictly limited to yourself.

1.3 You agree and understand that:

(a) We may, at our sole and absolute discretion, from time to time, determined the appropriate method(s) of access and the control mechanisms involved, including the use of multi-factor authentication process as may be appropriate;

(b) You shall not provide your account information to any other person and you shall be solely responsible for keeping your account information and access secure at all times, including but not limited to periodically changing or updating passwords as may be required for security purposes, and protecting your physical devices from security risks such as theft, virus or malware, third party softwares, loss of data etc.

(c) You shall be solely responsible for any and all acts or omissions of any person(s) accessing and/or using the Platform through your account, and for the accuracy of all instructions, directions, orders etc. submitted from your account. 

(d) If you become aware of or have reasonable suspicion that there is any breach of security, loss, theft or unauthorized use of your account information or unauthorized access through your account, you shall immediately notify Us as soon as possible.

(e) You shall not introduce into the Platform any content, materials or code which contains any virus, Trojan horse, work, time bomb, cancelbot or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or data. You undertake not to back into, disrupt, disable, burden or otherwise interfere with the accessibility or impair the proper function of the Platform and/or Services which we may provide to you, which shall include, without limitation, spoof attacks, backing, sniffing, tampering, denial-of-service attacks, tampering, reverse engineering or reprogramming.

(f) We shall not be responsible for any losses, damages etc. howsoever arising as a result of any unauthorised access and/or use of your account on the Platform. 

(g) We shall not be under any duty to verify, inquire or confirm any instructions, directions or orders from your account nor the identity, authority or capacity of the person using your account if it has been accessed through your account.

(h) We may monitor your access and/or use of the Platform and/or Services as may be appropriate to detect any improper or suspicious activity. In the event that We request further information from You, You shall reply and comply in a timely manner and provide us with such information as may be requested by us.

(i) We shall be entitled to terminate or suspend your access to the Platform as may be appropriate, as deemed at our sole and absolute discretion.

2. Communication

  1. Communications may be transmitted through the Platform, WhatsApp, email or any other communication platforms that We may use from time to time.


  1. We shall be deemed to have properly received communication from you through the Platform or any communication platform only upon such communication being received by our system hosting the Platform or as reflected as received by the communication platform. For any communication received by us after the close of business on a Business Day or on a non-Business Day, we may, in our sole and absolute discretion, treat such communication as received on the next Business Day.


  1. You shall be solely responsible for the accuracy and completeness of your instructions, requests or orders or any information you provide to us in your communication.


  1. Without prejudice to Clause 1.3(g), We may at our sole and absolute discretion, without giving any reason nor incurring any liability to you:


  1. require you to provide alternative proof of your identity;

  2. require you to confirm any instructions, requests or orders through alternative means specified by us;

  3. decline to or refrain from acting on any instructions, requests or orders from you;

  4. determine the order of priority of any instructions, requests or orders from you; and/or

  5. terminate, suspend or restrict your access to the Platform and/or Services if We suspects that the person accessing and/or using the Platform through your account is not you, or that your account is or may be used for suspicious activities including but not limited to illegal, fraudulent or unauthroised uses.


  1. By accessing and using the Platform and/or Services, you will also be subscribed to our electronic newsletter which may provide information to You on our products and services as well as any information that We consider may be of interest to you. You may unsubscribe from the newsletter through email if you do not wish to receive the newsletter.


3. Intellectual Property Rights

  1. The names, images and logos or any other trademarks ("Marks") identifying Us or third parties and their products and services are subject to copyright, design rights and trademarks of us, our affiliates and/or third parties, and all rights to the Marks are expressly reserved by Us, our affiliates 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 us or any other third party, without the prior written consent of us, our affiliate or such third party. You shall not use our Marks or the Marks of any of our affiliates or other third party in any way, including in any advertising or publicity, or as a hyperlink without our prior written consent.


  1. We, our affiliates, our service providers, agents (or their sub- agents), contractors (or their sub- contractors), delegates, suppliers and other third parties we may appoint for the operation of this Platform or the provision of services to you and licensors own and retain all rights, titles and interests in and to: (a) the Platform; (b) all hardware, software, and other items used to provide the Services to you; and (c) all materials, including without limitation, the information, databases, data, documents, online graphics, audio and video, in the Platform, which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you shall not copy, modify, publish, transmit, distribute, perform, display or sell any of our proprietary information. You shall also not decompile, reverse engineer or otherwise attempt to discover the source code of any content available on the Platform except under the specific circumstances expressly permitted by us in writing.


  1. In the event that you download any software, applications or script from the Platform, the software, applications or script, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed by us to you on a non-exclusive, non-transferable, and non-sublicensable basis for the sole purpose of utilizing the Platform and/or Services in accordance with this Agreement. For the avoidance of doubt, we are not transferring and do not transfer, title ownership or any other rights to the Software to you. You shall not redistribute, sell, decompile, reverse-engineer, disassemble or otherwise deal with the Software. Any Software downloaded from the Platform shall be at your own risk.


  1. You shall not imitate, copy, modify, decompile, disassemble, reverse engineer, distribute, disseminate, reproduce, license or create any derivative works from, assign, transfer or sell, in full or in part and in any way, the Platform or any information, data, products or services obtained from the Platform ("Platform Contents"). Unauthorised conduct or use of the Platform or the Platform Contents may violate ours or any third party owners' intellectual property rights and may also be an offence under the Computer Misuse Act 1993 of Singapore. You shall be entitled to retrieve and display the Platform Contents on any compatible device owned by you and retain a copy of the Platform Contents for record, provided that you keep intact all accompanying intellectual property rights and other proprietary notices.


  1. Without prejudice to the generality of the foregoing, all copyright, trademarks, trade secrets, service marks, registered and unregistered design rights and all other intellectual property and other rights in the applications, processes, systems and services relating to the Platform are property of CashWise and/or our affiliates and shall at all times remain the sole and exclusive property of CashWise and/or our affiliates, and/or where applicable its or their licensors. You shall have no right or interest in such intellectual property or other rights, except the right to access and use the Platform and/or Services as provided to in this Agreement. All rights not expressly granted to you are reserved by CashWise and/or our affiliates.


  1. Termination


  1. We reserve the right to restrict, temporarily or permanently the operation of the Platform and/or Services, and/or your access to the Platform and/or Services at any time and with immediate effect, without incurring liability of any kind to you, in the event of any of the following:


  1. You have breached any terms of this Agreement (including the Terms and Conditions and Privacy Policy which have been specifically incorporated as part of this Agreement);

  2. Your access and/or use of the Platform and/or Services may cause us to be non-compliant with Applicable Laws, and/or incur any liabilities (actual or potential), including any liabilities to any third parties;

  3. We become aware or suspect that your access and/or use of the Platform and/or Services constitutes improper, illegal or suspicious activities;

  4. We become aware or suspect that your account security has been compromised in one way or another or that You have failed to satisfy any authentication or verification measures or procedures We have in place;

  5. We become aware or suspect that the person accessing and/or using the Platform and/or Services through your account is not you;

  6. We are required to do so by Applicable Laws or pursuant to a request by any government or regulatory body;

  7. Our scheduled downtime or recurring downtime or where necessary to ensure maintenance and system integrity of the Platform;

  8. a Force Majeure Event;

  9. You have published, posted, transferred, distributed or uploaded any content or information to the Platform which, as determined in our sole and absolute discretion, is false, misleading or inaccurate, or contains rude and inappropriate language, or which creates the impression that any content is sponsored or endorsed by us;

  10. You have modified, adapted or reverse engineered, or attempted to modify, adapt or reverse engineer the Platform and/or the Service or any part thereof; or

  11. You have transmitted or attempted to transmit any viruses, worms, defects, Trojan horses or any other items of a destructive nature, or that may otherwise compromise the security of the Platform and/or the Service;

  12. You have requested in writing for your account to be terminated; or

  13. We have decided at our sole and absolute discretion to terminate your account and your access and usage of the Platform and/or Services.

  1. For the purpose of Clause 4.1 of this Agreement, a "Force Majeure Event" means any event beyond our reasonable control (and which does not relate to or arise by reason of our default or negligence) which renders impossible or hinders our performance of this Agreement, including the offering of the Platform thereto, including, without limitation:

    1. war, riot, civil unrest or revolution, sabotage, terrorism, insurrection, acts of civil or military authority, imposition of sanctions, embargo, breaking off of diplomatic relations or similar actions;

    2. terrorist attacks, civil war, civil commotions or riots;

    3. acts of God, epidemic, pandemic, flood, earthquake, typhoon or other natural disasters or adverse weather or environmental condition;

    4. any act of state or other exercise of sovereign, judicial or executive prerogative by any government or public authority, including expropriation, nationalisation or compulsory acquisition or acts claimed to be justified by executive necessity;

    5. fire, explosion or accidental damage;

    6. collapse of building structures or failure of plant machinery, computers or vehicles;

    7. interruption or failure of utility service, including but not limited to electric power, gas, internet or water such as data corruption, blackout, interruption or interception; or

    8. any labour disputes, including but not limited to strikes, industrial action or lockouts.

  1. Liabilities, Disclaimers & Indemnities 

5.1 The Platform and/or Services are provided “AS IS” on an “IS AVAILABLE” basis without any representations or any kind of warranties whatsoever (whether expressed or implied by law). We, our affiliates, and our licensors disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties as to functionality, operability, accessibility, accuracy, correctness, reliability, updatedness, timeliness, satisfactory quality, merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Without limiting the foregoing, we do not warrant that our services, functions contained in or access to the Platform or other content will be timely, uninterrupted or error-free without omission, that defects will be corrected, or that the Platform or its contents are free of infection by computer viruses and/or other harmful or corrupting code, programme, macro and such other unauthorized software, or that the download, installation or use of any systems or content of the Platform in or with any computer will not affect the functionality or performance of the computer. We are not responsible or liable for the deletion or failure to store any content maintained or posted by or through the Platform or any transmission error, faulty or unreliable internet connection or website downtime.

5.2 The Platform may contain links to other websites which are not maintained by us. Similarly, other websites may contain links to the Platform. We have no control over such sites and resources, and you acknowledge and agree that we are not responsible for the availability or contents of those websites and shall not be liable for any damages or injury arising from the availability or contents of those websites. Any links to other websites are provided as a convenience to you as a user of the Platform, and does not imply our endorsement of the linked website or association with their operators. We disclaim all responsibility and liability, direct or indirect, for any damage or losses (including any virus, spyware, malware, worms, errors or damaging materials contained in the linked sites) caused or alleged to be caused by or in connection with the use or reliance on any such content available on or through any such site or resource, which are accessed and used at your own risks.

5.3 You acknowledge there are certain security, corruption, transmission error and availability risks associated with using the Platform and agree, to the maximum extent permitted under Applicable Laws, to assume such risks. Without limiting the generality of the foregoing, you acknowledge and accept, given the nature of electronic transactions and electronic telecommunication platforms such as the Platform, the unique risks of using the Platform, which include, but are not limited to, the following:

(a) delays in, or inability to, access or use the Platform due to any hardware, software, system or connection failure, error, malfunction, omission, interruption, delay in transmission or computer virus;

(b) loss, or errors in transmission, of data or information that may occur due to any cause whatsoever, including any failure of any of our electrical, electronic, computer, microprocessor, recording or communication system;

(c) the need to conduct maintenance of the Platform system infrastructure from time to time, and any delay, failure, error or omission which may ensue therefrom; and

(d) the failure of any electronic security measures including, without limitation, filters, authentication processes and anti-virus software, whether or not for the protection of the integrity of the Platform, the privacy of your information or otherwise,

(e) any losses, damages, costs, or expenses incurred by you arising out of or in connection with any cyber risks, security breaches, unauthorized access, or any other form of cyber incident unless directly caused by CashWise’s gross negligence or willful misconduct. 

5.4 You agree that we shall not bear any liability or losses of any kind, and you shall release us from any claim you may have, with respect to or referable to the above risks and any losses arising therefrom, regardless of whether we had been advised, or were aware of the possibility, of such risks. You shall assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in the computer or systems, if required.

5.5 To the maximum extent permitted under Applicable Law and without prejudice to any other rights we may have under this Agreement, you acknowledge and agree that we, our affiliates and any of our or our affiliates’ service providers, agents (or their sub-agents), contractors (or their sub-contractors), delegates, suppliers, or other third parties we may appoint for the operation of this Platform or the provision of the Services to you, directors, officers, employees, subsidiaries, successors or assigns) are not liable to you for any direct, indirect, consequential, incidental, special or punitive losses, costs, charges, claims, damages or expenses (“Losses”) suffered by you or any third party, whether arising based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise, arising from or in connection with this Agreement. Without prejudice to the foregoing, you further agree that CashWise shall not be liable for any losses, damages, or claims arising from the acts or omissions of the third-party providers, including but not limited to, delays, errors, or failures in executing transactions, or any breach of contract or regulatory requirements by these providers.

5.6 You (and your personal representatives) shall fully indemnify each of CashWise, its affiliates, and its and its affiliates’ officers, directors, employees, representatives and agents (the “Indemnified Person”) against all Losses which any Indemnified Person may suffer or incur directly or indirectly as a result of, or in connection with, or arising out of this Agreement. This indemnity will not extend to any Indemnified Person to the extent that such Losses result primarily from bad faith, wilful default, fraud, negligence of, or breach by, that Indemnified Person.

6. Confidentiality

  1. Any data, information or message transmitted to you through our system, the Platform or otherwise is confidential and intended for the sole use of the intended recipient. If you are not the intended recipient, you should immediately notify us and delete or destroy such data, information or message, including all copies thereof. You shall keep confidential, all information about the Platform, the Services, our system and any information, data, materials or documents provided to you. We shall also keep your information, data, materials or documents that you have provided to us confidential unless they are public information or if you have instructed to disclose or treat the information otherwise.


  1. Compliance


Without prejudice to any other terms, you shall access and use the Platform and/or Services in compliance with all Applicable Laws and subject to such terms, restrictions and/or requirements as may be communicated to you from time to time in connection with this Agreement.


  1. General 

8.1 The Agreement may be updated      from time to time. We will post any changes to https://faq.cashwise.asia/2024/08/cashwise-platform-services-agreement.html. If you continue to use or access our Platform, you are deemed to have agreed to such changes without reservation.

8.2 You shall not have the right to assign any of such rights, undertakings, agreements, duties, liabilities and/or obligations hereunder, except with our written consent. We may assign or transfer any of our rights hereunder to any party without your consent, but subject to prior notification. For the avoidance of doubt, CashWise shall be permitted to consolidate or amalgamate with, or merge with or into, any other financial institution and any reference in this Agreement to CashWise shall be construed as a reference to the successor entity resulting from such consolidation, amalgamation or merger. 

8.3 Clauses 5 and 6 shall survive the termination of this Agreement.

8.4 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.

8.5 Unless stipulated otherwise, a person who is not a party to this Agreement shall have no right under the Contracts (Rights to Third Parties) Act 2001 of Singapore or under any law, to enforce any provision in this Agreement.

8.6 This Agreement shall be governed by, and construed in accordance with, the laws of Singapore. Any dispute arising out of or in connection with this Agreement and/or the documents referred to herein, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by the courts of Singapore and both you and we hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the courts of Singapore.

8.7 You acknowledge that CashWise collaborates with licensed third-party providers (such as banks, payment, and investment institutions) for the execution of certain services. CashWise does not hold or custody customer cash or assets; instead, it facilitates the automation of funds movement through instructions to these third-party accounts held in your name.

8.8 CashWise does not perform any activities that require a financial or investment license. All licensed activities are carried out by the respective third-party providers. You agree that CashWise has no control or responsibility whatsoever for the performance or compliance of any third-party and is not responsible for any acts, omissions, or breaches by any third-party.

8.9 Any disputes, claims, or issues arising from the services provided by these licensed providers should be addressed directly to them. CashWise disclaims all liability for any losses, damages, or claims arising from the actions or omissions of these providers.

8.10 You agree to comply with the terms and conditions of the licensed providers and acknowledges that any breach of such terms by you may result in termination of the services provided by these providers without any liability to CashWise.


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