General Terms and Conditions

Welcome to MotorPay.

Please read the following terms and conditions carefully ("Terms and Conditions"), before continuing your access of this website ("Website"), and/or using the services provided herein by DBS Bank Ltd ("DBS"), its partners and/or subcontractors ("Services").

By accessing and using this Website and/or the Services, you hereby agree to be bound by these Terms and Conditions. If you do not accept any of these Terms and Conditions, you must immediately discontinue your access of this Website and/or your use of the Services.

General

This Website and the Services provided herein enable you to pay for your Electronic Road Pricing (ERP) charges through your registered Visa or MasterCard ("Card"). A monthly subscription fee is applicable for use of the Services.

Before you can use the Services, you must ensure that: (a) you have a Telemoney/DBS Me account and (b) you have successfully registered your vehicle and Card details with MotorPay via this Website. Please note that the Telemoney system and services ("Telemoney System") are owned and operated by a third party, Systems@Work Pte Ltd ("Systems@Work"). By signing up for a Telemoney/DBS ME account, you will be dealing directly with Systems@Work and will be bound by the terms and conditions applicable to your Telemoney/DBS ME account ("Telemoney Terms").

In providing you with this Website and the Services, you understand that DBS and its partners merely provide you with an online platform to register your vehicle for Card payment of ERP charges, and the opportunity to view your ERP transactions and usage online. DBS and its partners have no control over the operation of the ERP system, and DBS and its partners rely on information provided by the Land Transport Authority ("LTA") to determine your ERP usage and ERP Card charges. You agree that DBS and its partners are entitled to treat all information provided by LTA as conclusive and correct.

To register for the Services, you must provide us with accurate, complete and updated information when registering your personal particulars. DBS and its partners reserve the right to approve or reject any registration, at its sole discretion, including the right to reject any registration based on false and/or inaccurate information. The successful registration of your vehicle for the Services is also subject to the final approval of Land Transport Authority.

These Terms and Conditions are meant to regulate your access to this Website and your use of the Services herein and they are to be read together with the Telemoney Terms. Where there is any conflict or inconsistency between these Terms and Conditions and the Telemoney Terms, these Terms and Conditions shall prevail and govern insofar as they relate to the MotorPay Website and Services.

DBS may from time to time change, modify, add or remove these Terms and Conditions, or any part thereof, at its sole discretion. DBS will use all efforts to notify you of such changes or modifications in the Terms and Conditions. Your continued access and/or use of the Website or Services shall be construed as your deemed acceptance of the modified Terms and Conditions. If you do not agree to the modified Terms and Conditions, you have the right to terminate your access and cease all use of the Website and Services.

DBS reserves the right to change, modify, suspend, or terminate the whole or any portion of the Services or Website at any time, without notice or liability. DBS may suspend or terminate the Services to you at any time without cause and without liability, by notice to you. Without limiting the generality of the foregoing, DBS may also suspend or terminate the provision of Services to you where: (a) there is a breach of these Terms and Conditions by you; or (b) we receive instructions from you to de-activate your vehicle registration or otherwise terminate or suspend your use of the Services; or (c) we have reason to believe that you have or are likely to have insufficient credit limit in your registered Card to pay for use of the Services; or (d) we have reason to believe that your Card account has been compromised or terminated. Upon termination of the Services, you agree that DBS shall be entitled to charge you for all outstanding amounts accrued for your use of the Services, including the full monthly Subscription Fee.

Services

To use the Services, you will be required to register your vehicle and Card details with MotorPay, via this Website. Before proceeding with the registration, please note the following:

1. Eligibility for Services
   1. For privately-owned Singapore registered vehicles only.
   2. Valid for Visa and MasterCard only.
   3. Registration is limited to two vehicles per Card and per MotorPay account only.
   4. The Card used and registered for the Services must have a minimum validity period of 9 months before its expiry date.
   5. You have to terminate and re-register for the Services should there be a change in the registered Card expiry date.
   6. You have to terminate the Services if you sell or de-register your registered vehicle, failing which you will remain liable for all charges incurred by the vehicle. You may re-register for the Services for your new vehicle.
   7. A working IU must be installed in the vehicle at all times.



2. Communications
   1. You have the responsibility of providing us with accurate, complete and updated information when registering your particulars with us, and/or using the Services. Please promptly update us of any change in your particulars relating to the Services, including but not limited to any change in vehicle, IU number and mobile phone number.
   2. We will send notices or communications to you via the email account supplied at the time of your application, or such updated email account as may be supplied to us from time to time. Any notices or communications sent via this email account will be deemed to be effectively sent to you and legally binding.
   3. You must receive our email confirmation before each registration/update of information/ termination becomes effective.
   4. Until you receive our email confirmation informing you of your successful vehicle registration for the Services, you must keep a CashCard with sufficient value in your vehicle IU to pay for all applicable ERP charges and to avoid any fines.
   5. If you receive a notice suspending or terminating the Services, you must immediately keep a CashCard with sufficient value in your vehicle IU to pay for all applicable ERP charges and to avoid any fines.



3. Personal information
   1. In the course of providing the Services, you understand and agree that DBS and its partners (including LTA) may collect, compile, store, process and use information belonging to you. You also agree that DBS and its partners have the right to disclose to their subcontractors, any such information collected from you for the purpose of operating this Website and providing the Services.
   2. Please keep your PIN and Card details confidential at all times. Neither DBS nor its affiliates, employees, officers, agents, partners or service providers, shall be liable for any misuse or unauthorised use of your MotorPay account or Card details.



4. Warranties and representations
   By registering your vehicle for Card payment of ERP charges and/or using the Services, you represent and warrant that:
   1. you have the necessary legal capacity, right, power and authority to enter into these Terms and Conditions, and use the Services;
   2. you have truthfully provided us with accurate, complete and updated information, belonging to you, or which you are otherwise authorised to use and disclose to us for the purposes of obtaining the Services. Without limiting the generality of the foregoing, you represent and warrant that you have provided us with: (a) a valid Visa or MasterCard credit/debit card; (b) the correct vehicle and IU number of your vehicle; and (c) a valid and working email address; each of which is owned by you or which you are authorised to register and use for the Services;
   3. you will promptly notify us of any change, loss or theft of your registered vehicle, IU, Card or Card details; and
   4. you have read and accept our Privacy Policy.



5. Fees & Payment
   1. A monthly subscription fee is applicable to this Service ("Subscription Fee"). You understand and agree that DBS may vary this Subscription Fee from time to time by giving at least 1 month prior written notice to you, either by posting such notice on the Website, or by email, or by such other communication channel as DBS deems appropriate.
   2. You agree that by registering your vehicle for Card payment of ERP charges and/or using the Services, DBS is entitled to:
      1. charge to your registered Card, all applicable ERP charges incurred by your registered vehicle, and the applicable monthly Subscription Fee or other services charges imposed by DBS for the provision of the Services, until the successful termination of your vehicle registration with MotorPay;
      2. earmark an amount (to be determined by DBS at its discretion) from your Card for payment of all charges incurred under the Services on a weekly basis (or such other frequency as DBS deems appropriate) ("Earmarked Amount"), and where the Earmarked Amount falls below a minimum amount designated by DBS from time to time, DBS shall be entitled prior to the next weekly scheduled earmark, to earmark additional amounts to maintain the Earmarked Amount
      3. vary the Earmarked Amount from time to time, provided that all efforts will be made by DBS to communicate any such variation to you via the MotorPay website, or otherwise; and
      4. hold you responsible for all use of your MotorPay account and for all charges incurred on your registered Card through the Services until the successful termination of your vehicle registration with MotorPay.



6. Availability of information
   1. We will endeavour to publish and update your ERP transactions online for your viewing and access via the Website, by the next working day.
   2. Details of your ERP charges will be accumulated and sent to the issuing bank of your registered Card on a weekly basis (or such other frequency as DBS deems appropriate). This should be reflected in your Card bill.

Your Conduct

Your access and use of this Website and the Services shall at all times be in accordance with all rules, regulations, laws and legislation governing the same and any guidelines and policies of DBS pertaining thereto. You shall not conduct yourself in a way which:

1. disrupts the provision of, or access and use of this Website and/or the Services;
2. comprises the security of your account, or use of this Website and/or the Services;
3. dversely affects the rights of DBS, its affiliates, partners or any other persons;
4. gives rise to civil liability or constitutes a criminal offence;
5. is objectionable on the grounds of public morals and decency; or otherwise misuse in any way, this Website, its contents and the Services provided hereunder.

Neither shall you assist or enable others to perform or carry out the acts as above mentioned.

Copyright and Trademark Notices

Except as otherwise expressly stated herein, the copyright and all other intellectual property in the contents of this Website and the Services (including, but not limited to, all software, designs, text, sound recordings, images, links or compilation of the foregoing) are the property of DBS and/or its holding company and/or its subsidiaries and/or the subsidiaries of its holding company (together the "DBS Group"), and/or its partners, service providers or licensors ("Owners"). As such, they may not be reproduced, transmitted, published, performed, broadcast, stored, adapted, distributed, displayed, communicated, licensed, altered, hyperlinked or otherwise used in whole or in part in any manner without the prior written consent of the DBS Group and/or the Owners. Save and except with the DBS Group's prior written consent, you shall not insert a hyperlink to this Website or any part thereof on any other website or "mirror" or frame this Website, any part thereof, or any information, materials or software contained in this Website on any other server, website or webpage.

All trade marks, service marks and logos used in the Website and Services are the property of the DBS Group and/or the respective Owners. No licence or right is granted to you and your access to this Website and/or use of the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any trade marks, service marks or logos appearing on the Website and Services, without the prior written consent of the DBS Group or the relevant Owner thereof. Save and except with the DBS Group's prior written consent, no such trade mark, service mark or logo may be used as a hyperlink or to mark any hyperlink to any DBS Group member's site or any other site.

Disclaimer

The information, materials and software contained in or made available on the Website and/or Services are provided on an "as is" and "as available" basis.

Although DBS and its partners shall use their reasonable efforts to ensure the accuracy and validity of the information, materials and software contained on the Website and/or Service, DBS and its partners do not warrant the truth, accuracy, adequacy, completeness or reasonableness of the information, materials and software contained in or accessed through this Website and/or Services and expressly disclaim all liability for any errors in, or omissions from, such information, materials and software.

No warranty of any kind, implied, express or statutory (including but not limited to, warranties of title, merchantability, satisfactory quality, non-infringement of third-party intellectual property rights, fitness for a particular purpose and freedom from computer virus and other malicious code), is given in conjunction with any information, materials, software, or the Website and/or Services in general.

To the fullest extent permitted under applicable law, DBS, its affiliates, partners, agents, officers or employees shall have no liability for any failure, error, omission, interruption or delay in performance, system, server or connection, or any breach of security, or any computer virus or worm, malicious code, corruption, or delay in operation or transmission, transmission error or unavailability of access in connection with your use of the Website and/or the Services, regardless of the form of action and even if they had been advised as to the possibility.

To the fullest extent permitted under applicable law, DBS, its affiliates, partners, agents, officers or employees shall have no liability to you or any other party for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your use of this Website and/or the Services, or reliance on any information, materials or software provided on the Website and/or the Services, regardless of the form of action and even if they had been advised as to the possibility of such damages.

The Telemoney System is owned and operated by a third party, System@Work, and DBS makes no representation, endorsement or warranty in relation to the Telemoney System, and DBS shall not be liable for any damages, losses, expenses or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of profits or loss opportunity) arising in connection with your use of the Telemoney System.

Hyperlinks

For your convenience, DBS may include hyperlinks to websites on the Internet that are owned or operated by third parties. Such linked websites are not under the control of DBS and DBS cannot accept responsibility for the contents of or the consequences of accessing any linked website or any link contained in a linked website. Furthermore, the hyperlinks provided in this Website shall not be considered or construed as an endorsement or verification of such linked websites or the contents therein by DBS. You agree that your access to and/or use of such linked websites is entirely at your own risk and subject to the terms and conditions of access and/or use contained therein.

Indemnity

You hereby agree to indemnify and save DBS, its affiliates, partners, agents, officers or employees harmless against all claims, liabilities, damages, losses, expenses and costs (including legal costs) suffered or incurred by DBS, its affiliates, partners, agents, officers or employees in connection with or arising from (1) your access of this Website and/or use of the Services, or (2) any other party's access of this Website and/or use of the Services using your login details and PIN, or (3) your breach of any of these Terms and Conditions, or (4) any other party's breach of any of these Terms and Conditions where such party was able to access this Website and/or use the Services by using your login details and PIN.

Waiver

The failure of DBS to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. No waiver by DBS shall be effective unless made in writing and signed by an authorised representative of DBS.

Severability

If any provision in these Terms and Conditions is held invalid, unenforceable or illegal under any applicable laws for any reason, that provision shall be deemed severed and shall not affect the validity, enforceability or legality of the other provisions which shall continue in full force and effect.

Governing Law and Jurisdiction

Nothing herein shall be construed as a representation by DBS that the Website or Services, or any information, materials and software contained in or through the Website or Services, is appropriate or available for use in geographic areas or jurisdictions other than Singapore. By accessing this Website and/or using the Services, you agree that such access and/or use, as well as these Terms and Conditions shall be governed by, and construed in accordance with, the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of the Singapore courts.