Sleek Business Account & Corporate Card - Terms & Conditions

DISCLOSURE

Sleek Tech (Pte. Ltd.) (UEN No. 201708433H), a company duly incorporated in Singapore and with its registered office at 160 Robinson Road, #14-04, Singapore 068914, is licensed by the Monetary Authority of Singapore (“MAS”) as a Major Payment Institution to provide:

(a)account issuance service

(b)domestic money transfer service

(c)cross-border money transfer service

(d) service

(e)e-money issuance service under the Payment Services Act 2019 (PS Act)

Please note that this does not mean you will be able to recover all the money paid to Sleek if Sleek’s business fails.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These Sleek Business Account Terms and Conditions, including its Annexes (“SBA Terms”) set out the terms and conditions on which Sleek Tech (Pte. Ltd.) (“Sleek”, “us” or “we”) provides you with the Sleek Business Account and related services (the “SBA Services”).

If you are registering as a business or sole proprietor, you represent and warrant that you are duly authorized to enter into this agreement on behalf of your business.

By registering for, accessing, using, or continuing to use the Business Account, you accept and agree to be bound by these SBA Terms. If you do not agree to these SBA Terms, please do not use the Account. If you are uncertain about any part of these SBA Terms, please contact our Customer Support team before registering for the Account.

INTERPRETATION

(a)“Access Code” means (i) your username and password, (ii) any biometric authentication credential, (iii) any authentication token or information generated by a third-party authentication service provider or otherwise, or (iv) any combination of the foregoing or any other credential that you may use to access the Platform and/or your Account

(b)“Account” means the Sleek Business Account created for you by Sleek

(c)“Account Holder” means the person who has registered for the Account with Sleek

(d)“Account User(s)” means the Account Holder and any other authorized personnel who have been given access to the Account to perform certain functions on the Account

(e)“Card” means the Sleek Business Card, which is a payment card issued on your Account, if applicable

(f)“Card Transaction(s)” means any transaction involving the Card including any transaction performed using the virtual version of the Card, if applicable

(g)“Dashboard” means the account management dashboard through which you can access, manage and use your Account

(h)“Dispute” means any claim, disagreement, complaint or demand, whether in contract, tort, statute or otherwise

(i)“Exchange Rate” means the exchange rate we use for currency conversion which includes a markup and is different from the mid-market rate

(j)“Fund Transfer” means us redeeming e-money in your Account, with your instructions, and transferring such funds to a bank account you have specified

(k)“Losses” means any loss, damage, liability, cost, fee, expense, claim, fine, penalty, action, or proceeding (including without limitation any claim arising from any damages or loss of whatever kind)

(l)“Platform” means the Sleek app, website, or other systems through which we provide the SBA Services to you, as we may change or update from time to time

(m)“Recipient” means a person or entity who receives a Fund Transfer or E-money Transfer from your Account

(n)“Send Request” means a written instruction from you to us to perform a Fund Transfer or E-money Transfer

(o)“Send Transaction” means either an E-money Transfer or Fund Transfer which you request via a Send Request

(p)“Transaction” means a Top-up, E-money Transfer, Fund Transfer, Service Fee Deduction, or Card Transaction (if applicable), and includes any action that may result in funds being transferred out of your Account or your Account balance being reduced

(q)“Top-up” means adding funds into your Account via a Transfer from a bank account or other method we accept, subject to the Limits

(r)“Virtual Card” means the virtual version of the Card

1. YOUR ACCOUNT

1.1 In order to use the SBA Services, you must first register an Account with us. We will provide you with further details on how to register an Account and the documents and information required for registration and verification. We may, at our sole discretion, accept or reject your application without assigning any reason. You must provide your true, accurate, complete and up-to-date information during the registration process. You further represent and warrant that you are at least 18 years old and that you have the legal capacity to enter into this agreement. Where applicable, you must comply with our Know Your Customer (KYC) verification and other regulatory requirements as prescribed or mandated by any applicable laws. For KBA purposes, refer to the eligibility criteria at https://help.sleek.com/article/yzuwuyg8wa-kba-sleek-business-account-eligibility

1.2 You may only register for one Account. The Account must only be operated by you and the Account Users that you authorize. The Account is provided for your own use only and must not be shared with persons other than your authorized Account Users. You must not allow anyone other than your Account Users to operate your Account on your behalf. Your Account is non-transferable, and you may not create more than one Account without our prior written consent.

1.3 Your Account and Transactions (including your Card and Card Transactions, if applicable) shall be subject to the limits set out at https://sleek.com/sg/sba-limits/ (“Account Limits”). Please contact Customer Support (details below) if you have any questions about these limits or require further information on the limits on your Account. We also reserve the right to impose at our sole discretion additional limits on your Account and Transactions, based on criteria determined by us that do not have to be disclosed to you.

1.4 When we hold e-money for you, us holding the funds corresponding to the e-money is not the same as a bank holding money for you in that:

we cannot and will not use the funds to invest or lend to other persons or entities;
the funds are kept in trust in accounts maintained for safeguarding purposes and will not be used for our own business purposes;
you are not entitled to any interest on the funds;
to the extent permitted under applicable laws, you will be treated as a creditor of Sleek if Sleek becomes insolvent; and
your Account is non-interest bearing, and the e-money you hold in your Account does not earn any interest.

1.5 Subject to applicable laws, we reserve the right to suspend, restrict or terminate your access to the Account and SBA Services, with or without prior notice and at our sole discretion, if we believe that:

you or any Account User may have breached these SBA Terms;
you or any Account User have not accessed the Account for an extended period as determined by us;
you or any Account User have engaged or may be planning to engage in any illegal activity or activity that violates these SBA Terms;
continuation of the service would violate any applicable law;
continuation of the service would expose Sleek to any unacceptable risk or liability; or
you or any Account User are in breach of our Know Your Customer (KYC) requirements or any other regulatory requirements.

We also reserve the right to permanently close your Account at any time without assigning any reason, on 30 days’ notice to you (or such shorter period as may be required by law).

1.6 You acknowledge and agree that we may collect, use, process and disclose your personal data and information relating to your Account and Transactions for the purposes of providing the SBA Services to you, maintaining your Account, monitoring and investigating suspected fraud, conducting our regulatory and compliance obligations, and for such other purposes as we may be required to do so by law. You further agree to promptly provide us with such information as we may reasonably request for the aforesaid purposes and for other purposes relating to the provision of SBA Services to you.

2. ACCOUNT REGISTRATION

2.1 You can start using our Service only upon your registration of an Account. We are entitled, in the exercise of our sole discretion, to refuse your application for an Account, and/or to change the eligibility criteria for an Account at any time.

2.2 When you register for an Account, and also at periodic intervals after opening the Account and on an ongoing basis, you may be asked to provide us with certain information including the following:

information about, inter alia, your business and activities, including your ACRA profile, constitutional documents, board resolutions, identification and verification documents and relevant personal data (including national identification numbers and passports of beneficial owners, directors, shareholders, individuals with executive authority, and individuals authorized to operate the Account or otherwise act on your behalf); and
such other information as may be necessary to enable us to comply with applicable laws, regulations, notices and guidelines issued by the relevant government and regulatory authority, including anti-money laundering, counter-terrorist financing laws, guidelines and regulations and the KYC and compliance requirements of our partners, affiliates and third-party service providers.

3. BUSINESS ACCOUNT DASHBOARD

3.1 In order to access your Account through the Platform, you must:

be a registered user of the Platform;
log into the Platform with your login credentials (e.g. your username and password or other login credentials as may be required by the Platform);
navigate to the Dashboard within the Platform; and
gain access to your Account through the Dashboard by successfully completing an additional verification step via a One-Time-Password (“OTP”) sent to your mobile device via the mobile number(s) you registered with us (“Mobile Device”).

3.2 The Dashboard is an integral part of the Platform, and use thereof is governed generally by the Terms of Service. Through the Dashboard, you may interact with, and perform various actions or access information or functions relating to your Account, including performing Transactions and viewing your Account balance and Transaction history.

3.3 We will provide you with various notices and communications related to the Account and SBA Services through the Dashboard. You are responsible for regularly checking the Dashboard for notices, alerts and communications from us.

4. ACCESS CODES

4.1 You are responsible for maintaining the confidentiality of your Access Codes and you shall not, under any circumstances whatsoever, disclose your Access Codes to any person or entity or allow any person other than your authorized Account Users to use your Access Codes or to access your Account. You are fully responsible for all use and access of your Account and SBA Services through your Access Codes and for all Transactions, instructions, acts, data or communications carried out, performed or made by means of your Access Codes, whether authorised or not, and whether performed by you or any other person.

4.2 You must not use your Access Codes for any purposes other than to access and use the Account and SBA Services in accordance with these SBA Terms. You must not allow any person other than your authorized Account Users to access your Account. You must not share your Access Codes. You shall prevent and immediately report any theft, loss, disclosure or unauthorized use of your Access Codes to us immediately. You shall take all reasonable precautions to prevent the unauthorized use of your Access Codes, including using strong and unique passwords and enabling multi-factor authentication, and ensuring that your Mobile Device is secure, updated and free from malware.

4.3 All transactions, instructions, acts, information, data, instructions or communications referable to your (and your Account Users’) Access Codes shall be deemed to be (i) use or access of the Platform and/or the SBA Services by you and (ii) acts, Transactions, information, data, instructions or communications performed, transmitted or validly issued by you, notwithstanding that they may have been issued by a third party, whether authorised or otherwise, and we shall be entitled to act upon, rely on and/or hold you solely responsible and liable in respect thereof.

We may at any time in our sole and absolute discretion forthwith revoke, and/or invalidate the Access Codes without prior notice, and/or change the Access Codes with prior notice to you, without assigning any reason therefor and shall not be liable or responsible for any loss or damage suffered by or caused to you arising out of or in connection with or by reason of such revocation, invalidation and/or change.

4.4 You are responsible for ensuring that you, and if applicable, your Account Users, have adopted reasonable security measures to prevent any unauthorized access to or use of your Access Codes, Mobile Device and Account. You further acknowledge that we provide various security features as part of the Platform to protect your Account. You shall use such security features as made available to you, such as biometric authentication. In the event that you suspect any unauthorized use or access of your Account, you shall immediately notify us.

5. FEES AND CHARGES

5.1 You agree and consent to pay to us all fees and charges (including any administrative, transaction, dormancy fees) as set out in our Fees & Pricing Schedule (as may be amended from time to time, with notice to you), as well as any applicable goods and services tax and/or any other similar taxes (including goods and services tax), all of which shall be borne by you. All sums payable by you under or in respect of the SBA Services shall be paid free and clear of any deductions, withholdings, set-offs or counterclaims, save only as may be required by law. Should you be required by law to make a deduction or withholding from any such sum you shall pay to us such sum as will, after the deduction or withholding has been made, leave us with the same amount as we would have received had no deduction or withholding been made.

5.2 In addition to the fees and charges payable in respect of the SBA Services, you acknowledge and agree that Sleek may deduct from your Account balance any fees, charges, or other amounts due and payable by you to Sleek under the Sleek Terms and Conditions of Service (available at https://sleek.com/sg/terms-and-conditions/) or any other agreement between you and Sleek for the provision of Sleek’s professional services (including but not limited to incorporation fees, corporate secretarial fees, accounting and tax fees, nominee director fees, and other service fees) (collectively, “Service Fees”). You authorise Sleek to make such deductions automatically when Service Fees become due and payable. This clause is in addition to, and does not limit, the set-off rights set out in Clause 18 of these SBA Terms.

6. TRANSACTIONS

6.1 You may perform the following transactions (“Transactions”) with your Sleek Business Account:

“Top-up” – this means adding funds into your Account subject to the Limits (see Clause 7 for more details);
“E-money Transfer” – this means sending e-money to, and receiving e-money into your Account from, another Sleek Business Account holder;
“Fund Transfer” – this means us redeeming e-money in your Account, with your instructions, and transferring such funds to a bank account you have specified; and
“Service Fee Deduction” – this means us deducting amounts from your Account balance in respect of Service Fees due and payable to Sleek, in accordance with Clause 5.2 of these SBA Terms and/or the Sleek Terms and Conditions of Service.

If applicable, you may also perform Card Transactions using your Card or Virtual Card, which are governed by the Card Terms.

6.2 Each Transaction must be for a minimum amount of SGD 1 or the equivalent in the applicable currency.

6.3 By using your Access Codes to perform a Transaction, you authorize us to perform the Transaction on your behalf, in accordance with these SBA Terms, and to deduct the relevant Transaction amount from your Account.

6.4 We shall attempt to process your Transaction requests within the timeframe specified in the Fees & Pricing Schedule (or such other reasonable timeframe as we may specify). However, we do not guarantee that all Transaction requests will be successfully processed. Certain Transactions may not be processed if there are insufficient funds in your Account (as determined by our sole discretion) or if your Account has been suspended or restricted by us.

6.5 Where a Transaction has been successfully processed by us, your Account balance will be updated immediately to reflect such Transaction. A Transaction shall be deemed to be successfully processed by us where:

for a Top-up, the funds are credited into your Account;
for an E-money Transfer, the funds are sent from your Account to the Recipient’s Account; or
for a Fund Transfer, the funds are redeemed from your e-money and transferred to the Recipient’s bank account.

6.6 Where a Transaction request has not been successfully processed by us (or has been unsuccessful for any reason), you will not be charged for the Transaction and no funds shall be deducted from your Account (as determined solely by us). We are not liable for any losses you may incur arising from an unsuccessful Transaction, and we shall not be required to compensate you for any such losses.

6.7 Upon processing of a Transaction, we will send you a Transaction notification to the email address or telephone number you have provided to us. You are responsible for monitoring your Account and Transaction notifications. You may also view your complete Transaction History part of the Dashboard.

6.8 You are fully responsible for all Transactions performed on your Account and all instructions you provide to us, including the amounts and Recipient details. You are responsible for confirming that all Transaction details (including the Recipient details, amounts and currency) are correct prior to submitting a Transaction request. Once submitted, you may not be able to cancel or amend a Transaction. We are not liable for any losses you incur if you have entered incorrect Transaction details.

6.9 You are responsible for ensuring that your contact details are complete, accurate and updated, enabling Transaction notification alerts on any device you use to receive Transaction notifications from us and monitoring the Transaction notifications sent to your primary email address and/or telephone number. We may assume that you will monitor such Transaction notifications without further reminders or repeat notifications. You agree and consent to the sending by us and our affiliates of such Transaction notifications by broadcast and push messages as well as via SMS/email. Please note that even if you do opt out of receiving electronic marketing communications from us, you cannot opt out of receiving Transaction notifications from us. You are fully responsible for checking each Transaction notification and your Transaction history and for reconciling such entries and/or information against your own records. Entries in the Transaction history should be treated as prima facie evidence of Transactions made or credited to your Account, and unless you notify us in writing within 60 days of such Transaction being made or credited to your Account, any such entry shall be deemed to be accepted and binding on you. If you do not agree with a Transaction, you must notify us immediately.

6.10 Transactions will be conducted in the currency you specify, or in such currency as we may determine from time to time. Your Account may be maintained in multiple currencies. You are solely responsible for assessing which currency to use for your Account and Transactions.

7. TOP-UPS

7.1 A Top-up is a Transaction by which you may add funds to your Account from your bank account. You may perform a Top-up subject to the Limits.

7.2 When you request a Top-up, you must provide us with the bank account details from which the funds will be transferred. We will then initiate the transfer of funds from your nominated bank account. The Top-up will be completed once the funds are credited into your Account. The timing of the Top-up will depend on the bank’s processing time and other third-party systems involved in the transfer process. We do not guarantee that the Top-up will be processed by a certain time.

7.3 We reserve the right, at our sole discretion, to refuse to process any Top-up request without assigning any reason.

8. SEND TRANSACTIONS

8.1 Send Transactions are Transactions in which you send e-money to another Sleek Business Account holder (E-money Transfer) or send funds via redemption of e-money in your Account to a bank account (Fund Transfer).

8.2 For you to request a Send Transaction, you must submit your Send Instructions via the Dashboard. Your Send Instructions must clearly specify (i) the Recipient, (ii) the amount being transferred, (iii) the currency and (iv) any other details we may require. We will process your Send Instructions and perform the Send Transaction in accordance with these SBA Terms.

8.3 Once a Send Request has been processed by us, you will not be able to withdraw, cancel or make any changes to the same. We shall not be liable for any losses you incur from entering incorrect Send Instructions.

8.4 If the currency of the Recipient’s account (as specified in your Send Request) is different from the currency of the e-money you are using to enter into the Send Transaction, then as part of the Fund Transfer we shall redeem your e-money and use it to purchase the appropriate currency prior to sending the money to the Recipient’s account, and the Exchange Rates shall apply for such currency exchange.

8.5 If, for whatever reason, the funds are not deposited into the Recipient’s account and are returned to us, they will be converted into the currency of the e-money they were originally withdrawn from. Due to the difference in price for purchasing and selling currencies and/or fluctuations in currency exchange rates, the amount of e-money you receive back into your Account will be less than the amount that was originally sent.

8.6 For Fund Transfers to a bank account, you represent and warrant that the nominated bank account details you provide are correct and belong to the intended Recipient. We are not liable for any losses you incur if you have provided incorrect bank account details or if the funds are transferred to an unintended recipient. We shall have the right to conduct such investigations as we deem fit if a Fund Transfer has been made to an incorrect recipient.

8.7 For E-money Transfers, you represent and warrant that the Recipient’s Sleek Business Account details you provide are correct. We are not liable for any losses you incur if you have provided incorrect Recipient details or if the funds are transferred to an unintended recipient.

8.8 We may charge you transaction fees for Fund Transfers as set out in the Fees & Pricing Schedule. We will show you the transaction fees applicable to your Fund Transfer before you confirm your Send Instructions. You have the option to accept or reject the Send Transaction based on the fees displayed. However, we reserve the right to impose additional transfer fees if the bank account belongs to a bank or financial institution other than those listed in our Fees & Pricing Schedule. We may also charge fees for transfers to banks in jurisdictions outside of Singapore, or where issues have arisen in relation to the transfer that require additional follow-up, in which case we shall notify you accordingly.

9. CARD TERMS (IF APPLICABLE)

9.1 Subject to your compliance with these SBA Terms and our credit assessment of your Account, we may issue you with a Card and/or Virtual Card, which you may use for Card Transactions. The Card and Virtual Card are issued solely for your own use and you may not allow any other person to use the Card or Virtual Card, save for your authorized Account Users as explicitly permitted by us in writing.

9.2 Card Transactions are subject to the Account Limits and Card-specific limits as set out at https://sleek.com/sg/sba-limits/. Card Transactions are also subject to transaction fees as set out in the Fees & Pricing Schedule.

9.3 Use of the Card and Virtual Card is governed by the Card Terms and any other card-specific terms and conditions that we may provide to you, such as the Sleek Business Card Terms and Conditions. In the event of any inconsistency between these SBA Terms and any Card Terms, the Card Terms shall prevail with respect to matters relating to the Card and Card Transactions.

9.4 We may suspend or terminate your Card or Virtual Card at any time without prior notice if we reasonably believe that the Card or Virtual Card is being misused or used in violation of these SBA Terms or Card Terms.

10. BETA SERVICES

10.1 Where we provide Beta Services as part of the SBA Services (i.e., any new features or services we test, develop or offer on an experimental, trial, or beta basis), such services are provided “AS IS” without warranty of any kind, either express or implied.

10.2 You acknowledge and agree that Sleek will not be liable to you for any issues, failures, bugs, malfunctions or loss of functionality or quality of Beta Services. In addition, Sleek may suspend your access to Beta Services with or without notice, including if we reasonably believe that:

suspension is required by any applicable laws;
continuing to provide the Beta Services would make Sleek in breach of any obligation that Sleek owes to a third party; or
Sleek determines that continuing to provide the Beta Services would give rise to an unacceptable security or privacy risk;

and we may terminate your access to the Beta Services if we in our sole discretion stop offering the Beta Services completely, or within your geographic jurisdiction.

10.3 Sleek may, in its sole discretion, provide Beta Services to you free of charge.

11. YOUR INFORMATION

11.1 You represent and warrant unconditionally that all information you provide to us on registration or at any time is:

true, accurate, current and complete, and that you will promptly update such information on your Account to ensure that it remains so at all times; and
owned by you, and/or that you have the right to use and disclose the same, or (in the case of personal data disclosed by you to us), allow us to do so in accordance with the Privacy Policy.

11.2 You undertake to provide us with written notice of any change of information that you provide to us and shall at our request, provide such additional information and supporting documentation regarding your business and identity, as well as that of your beneficial owners, directors, shareholders, executive officers and Account Users as we may reasonably determine to be necessary to ensure compliance with applicable laws, notices, guidelines and third party compliance needs. You agree that we may run further checks on your identity, creditworthiness and other background information by contacting and consulting relevant registries and government authorities for such information. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect so, we have the right to suspend or terminate your Account.

11.3 You agree to cooperate with us in relation to any anti-money laundering and countering terrorism financing screening that is required and to assist us in complying with any applicable laws, regulations, notices and guidelines.

11.4 You agree that we can use your information in connection with your Account, to enable us to review, develop and improve our products and services, subject to applicable laws and our Privacy Policy. This may involve providing your information to our partners, affiliates, agents, distributors and suppliers to process Transactions and for their statistical research and analytical purposes. We may also disclose your information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorised activity.

11.5 You understand and agree that we may collect information about how you and other users interact with the Service, subject to applicable laws and our Privacy Policy. We collect transaction details related to your use of the Service, including the type of service requested, date and time the service was provided, amount charged and other related transaction details. We may collect information about your mobile device, including the hardware model, operating system and version, software and file names and versions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information and mobile network information.

11.6 You agree that we may collect, use and process personal data in accordance with our Privacy Policy and applicable laws.

12. USE RESTRICTIONS

12.1 You shall not use the Account and Service:

to violate any law, statute, ordinance, or regulation, for any illegal purposes or to conduct transactions in connection with any prohibited activities under applicable laws including fraud and money laundering, gambling activities, funding of terrorist organisations and the purchase or sale, or the facilitation of the purchase or sale of, illegal goods or services;
to engage in business activities prohibited by us, as set out in Pricing & Payments Schedule;
in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other loss or liability to us, other users, third parties or you;
in a manner that may cause us to lose any of the services from our Internet service providers, payment processors, safeguarding institution or other suppliers or third party service providers;
in such a manner as to circumvent our policies or determinations about your Account including attempting to create a new or additional Account when your Account has a negative balance or has been restricted, suspended or otherwise limited.

12.2 You shall not create new or additional Accounts using a different identity or otherwise provide us with false, inaccurate or misleading information.

12.3 If we in our sole discretion, believe that you may have breached these Terms, we may take such action(s) as we deem necessary to protect ourselves, other users and third parties including:

closing, suspending, or limiting your access to your Account, the Service or the App;
contacting other parties who have transacted with you;
contacting your bank and/or warning other users, law enforcement authorities, or impacted third parties of your actions;
updating inaccurate information you have provided to us;
taking legal action against you;
terminating our agreement(s) with you formed by these Terms and/or the App Terms;
fully or partially reversing Transaction(s); and
blocking your access to your Account and/or Dashboard temporarily or permanently.

You acknowledge that we are entitled to take any of the above actions without reference or notice to you, and without supplying any reason therefore including where applicable law prohibits such disclosure or where we deem it necessary to avoid disclosing protected third party information or interfering in the course of an investigation.

13. YOUR INFORMATION

13.1 You represent and warrant unconditionally that all information you provide to us on registration or at any time (including when making an application for a Card) is:

true, accurate, current and complete, and that you will promptly update such information on your Account to ensure its accuracy; and
not in violation of any third-party rights or any applicable laws.

13.2 You understand that we will rely on your information in providing the SBA Services to you. If any of the information you have provided is inaccurate or incomplete, we reserve the right to suspend or terminate your Account and the SBA Services.

14. PROHIBITED CONDUCT AND ACCOUNT RESTRICTIONS

14.1 You shall not use your Account, the SBA Services or the Platform for any of the following purposes:

in a manner which may breach, violate or assist in the breach of any applicable laws, including any anti-money laundering or counter-terrorism financing laws;
in a manner that constitutes or contributes to any unlawful activity (including any fraud, forgery, misappropriation, money laundering or terrorist financing);
for any purpose that breaches the terms of service of the Platform or violates our operating policies as updated from time to time;
in a manner that is likely to expose Sleek, our affiliates, our service providers, or other users to any loss, liability, claim, damage or legal proceedings;
to engage in activities or conduct that Sleek reasonably believes will be deemed high-risk or non-compliant under applicable laws, regulations or regulatory guidance;
to engage in activities described as “high-risk” activities which include, but is not limited to those referenced in this guidance;
in a manner that is likely to result in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties or other loss or liability to us, other users, third parties or you;
in a manner that may cause us to lose any of the services from our Internet service providers, payment processors, safeguarding institution or other suppliers or third party service providers;
in such a manner as to circumvent our policies or determinations about your Account including attempting to create a new or additional Account when your Account has a negative balance or has been restricted, suspended or otherwise limited.

14.2 You shall not create new or additional Accounts using a different identity or otherwise provide us with false, inaccurate or misleading information.

14.3 If we in our sole discretion, believe that you may have breached these SBA Terms, we may take such action(s) as we deem necessary or appropriate, including (without limitation): restricting your access to, or suspending or terminating your Account or the SBA Services, with or without prior notice; and requiring you to pay for any Losses we have incurred or suffered as a result of your breach.

14.4 We may, at our sole discretion, close or restrict your Account if you have a negative balance for any reason, or if you have breached any provision of these SBA Terms.

15. ACCOUNT CLOSURE

15.1 You may request to close your Account at any time by notifying us via the Dashboard or by contacting Customer Support. Once your Account is closed, you will no longer have access to the SBA Services and will not be able to use your Card or Virtual Card (if applicable).

15.2 Upon closure of your Account, we will redeem all e-money in your Account and transfer the funds to the bank account you have specified or which you last used for Top-ups, less any of our fees and costs incurred. However, in the event that your Account has a negative balance, we may at our sole discretion make deductions from your Account before returning any remaining funds. If we do not have a valid bank account on file for you, or in the event of any unsuccessful transfer, we shall be entitled to charge an additional transfer fee.

15.4 Where your Account has not been accessed or Transactions have not been made on your Account for a continuous period of time exceeding that mentioned in the Fees & Pricing Schedule, we may notify you by any notice methods mentioned herein and give you the option of maintaining your Account operational or closing your Account. If we are unable to contact you, or if you do not respond to the notice within the given time, we may at our option:

charge a dormancy fee which will be deducted from the remaining balance on your Account and thereafter for every month for which the Account remains inactive; and/or
redeem the e-money and send the corresponding funds, less any of our fees and costs incurred, to the last known bank account we have on file for you.

15.5 If we terminated your access to the SBA Services and closed your Account (whether at your request or otherwise), any future requests to re-apply for an Account will be subject to our sole discretion, and we reserve the right to refuse any re-application without assigning any reason.

16. INDEMNIFICATION

16.1 You shall indemnify, defend and hold harmless Sleek, and our officers, employees, agents, successors and affiliates from and against all Losses (including legal costs on a full indemnity basis) that Sleek or any of them may incur or suffer arising out of or in connection with:

any breach or non-compliance by you of any of these SBA Terms;
any breach or non-compliance by you of any applicable laws;
your use of the Account, SBA Services or Platform;
your misuse of the Account, SBA Services or Platform in violation of these SBA Terms or applicable laws; and
any Transactions (including any unsuccessful Transactions) performed on or through your Account.

17. LIMITATION OF LIABILITY

17.1 Sleek shall not be liable to you for any Losses whatsoever, including any direct, indirect, consequential, incidental, special or punitive damages, arising out of or in connection with:

any suspension or closure of your Account;
any delay in creation and verification of your Account;
the provision by us of or your use of the Account;
the processing of any Transaction;
any Transaction being unsuccessful or considered as unsuccessful or any transfer amount not having been transferred to the Recipient’s account or transferred to a recipient other than the intended Recipient, whether or not arising from your negligence, misconduct or breach of any of these SBA Terms (including as a result of inaccurate information being provided by you);
any failure, refusal, delay or error by any third party or third-party system through whom or which any Transaction is made;
any use (whether authorised or not) of your Access Codes and our acting or reliance upon any transactions, instructions, acts, instructions or communications arising or issuing from your or your Access Codes;
the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of the Platform or SBA Services or any information, data or instructions transmitted in connection therewith, whether or not such use is in breach of these SBA Terms or applicable laws;
any viruses, malware, bugs or defects in the Platform or SBA Services;
any delay, interruption or discontinuance of the Platform or SBA Services;
any breach of security, hacking, phishing or other unauthorized access to your Account or personal data; or
any other matter arising out of or in connection with these SBA Terms or the SBA Services, unless the Loss arises directly and solely from our gross negligence, wilful misconduct or fraud.

17.2 To the maximum extent permitted by law, Sleek’s total liability to you for all Losses arising out of or in connection with these SBA Terms or the SBA Services shall not exceed the total fees paid by you to us under these SBA Terms over the 12 months preceding the claim, or if no fees have been paid, SGD 100.

18. SET-OFF

18.1 Without limiting any other rights we may have (including under Clause 5.2), we shall have the absolute and unconditional right, at any time and without notice or liability, to recover any sum due from you to us (including any Service Fees due under the Sleek Terms and Conditions of Service or any other agreement between you and Sleek) by setting-off part or all of such sums against part or all of any sum that you have lodged with us under any Transaction or otherwise, or against any amounts which we owe you. You shall have no similar right of set-off. In the event that you breach any provision of these SBA Terms, we may perform such set-off without notice to you.

18.2 For the avoidance of doubt, this includes if one of the currency balances in your Account shows that you owe us an amount of funds for any reason or has a negative balance, we may set-off the amount you owe us by using funds you maintain in that currency or in a different currency balance or by deducting amounts you owe us from money you receive into your Account, or money you attempt to withdraw or send from your Account, or in a different Account which you control and by deducting funds from any withdrawals you attempt to make.

18.3 If for whatever reason we are unable to set-off any sum due from you, you shall immediately pay such sum to us upon demand. Any sums due from you to us shall bear simple interest at the rate of 8% per annum or the maximum rate permitted by law (whichever is lower) from the date such sum becomes due until the date such sum is fully paid.

19. DISPUTE RESOLUTION AND COMPLAINTS PROCEDURE

19.1 If you have any complaint about our products or services, or if you have a Dispute with us relating to your Account and SBA Services, you may pursue resolution of the issue as set forth below.

20. CUSTOMER SUPPORT

We are committed to providing you with excellent customer support. If you have any questions or concerns about your Account, the SBA Services or these SBA Terms, you may contact our Customer Support team at [email protected] or by calling our hotline at +65 6929 8273 (Monday – Friday, 9AM – 6PM Singapore time), or via our in-app chat feature.

21. GOVERNING LAW

21.2 These SBA Terms and all matters relating to your access and use of the Account and SBA Services shall be subject to, governed by and construed in accordance with the laws of Singapore, and you hereby submit to the exclusive jurisdiction of the Singapore courts for the purposes of any legal action or proceedings brought by us against you (including any summons, motion or petition, and any application to court for injunctive, equitable and other relief).

21.3 You agree that we shall be entitled at our election to refer any claim not exceeding Singapore Dollars Twenty Thousand (S$20,000) (or the highest limit prescribed by law) to the State Courts’ Small Claims Tribunal. You agree at our request to execute all documents (including executing where applicable a Memorandum of Consent) and to perform all acts necessary to enable such dispute to be referred to the Small Claims Tribunal at our election.

21.4 You hereby agree that any Dispute between you and us shall first be escalated through our informal dispute resolution process. A detailed description of our internal dispute resolution process (including the timeframe within which we will respond to your complaint) is available on our website.

22. GENERAL PROVISIONS

22.1 These SBA Terms may be amended from time to time. Minor or administrative updates that do not materially affect your rights or obligations may be made without prior notice. If we make material changes to these SBA Terms that may negatively impact your rights or obligations, we will use reasonable endeavours to provide you with at least thirty (30) days’ notice before the changes take effect. Your continued use of the Account and SBA Services after such amendments come into effect shall be deemed as your acceptance of such amendments. If you do not agree to any amendment, you may request to close your Account in accordance with Clause 15 of these SBA Terms.

22.2 Any notices or communications from us to you may be sent to you in writing via email, SMS, push notification, the Dashboard, or by post at the address last provided by you, or displayed as an in-app notification. Any notice sent to your email address or phone number shall be deemed to be received by you within 24 hours of being sent.

22.3 These SBA Terms, together with the Terms of Service and Card Terms (if applicable), constitute the entire agreement between us and you with respect to the subject matter hereof and supersede all previous negotiations, understandings and agreements, whether oral or written.

22.4 If we fail to enforce any of the provisions of these SBA Terms, this shall not constitute a waiver of the provision or a waiver of our right to enforce such provision. No waiver of any breach will constitute a waiver of any subsequent breach.

22.5 These SBA Terms may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

22.6 We reserve the right to assign, novate, transfer or delegate any of our rights and obligations under these SBA Terms in whole or in part to another person or entity at any time without your consent and without prior notice to you. You may not assign, transfer or delegate any of your rights or obligations or any part of them under these SBA Terms to another person or entity without our prior written consent, and any unauthorized assignment, transfer or delegation by you is void.

22.7 If any provision of these SBA Terms is found to be illegal, void or unenforceable under any applicable law or if any court of competent jurisdiction in a final decision so determines, these SBA Terms shall continue in force save that such provision shall be deemed to be deleted.

22.8 You agree that these SBA Terms will not be construed against us by virtue of having drafted it.

22.9 You hereby waive any and all defences you may have based on the electronic form of our agreement with you and the lack of signing by the parties hereto to execute the agreement.