Terms and Conditions
1.1 These Terms and Conditions (including all agreements and policies referenced in these Terms and Conditions or otherwise applicable to the use of specific features of the IMBA CARD and related services which are required to be agreed to and accepted before the use of such specific features) set out in the general terms and conditions will apply to the IMBA CARD and related services that we may agree to provide to you from time to time.
1.2 By completing the sign-up process, you are deemed to have expressly read, understood and accepted each and every term when you use the Website, IMBA CARD and related services. You agree to be bound by these Terms and Conditions and other specific rules and procedures as determined or as may be amended at the sole discretion of MATCHMOVE.
2. Intellectual Property Rights
2.1 IMBA CARD and relating services, including services and products are the sole properties of MATCHMOVE and/or its licensors and are subject to MATCHMOVE’s existing policies, rules, and regulations. IMBA CARD and related services are protected by copyright, trade secret and other intellectual property laws. We and/or our licensors own the title, copyright and other worldwide intellectual property rights in all services relating to IMBA CARD and related services. Using the IMBA CARD and related services does not grant you any rights to our trademarks or service marks.
2.2 For the purpose of these Terms and Conditions, intellectual property rights shall mean all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals and extensions thereof, under the laws of Vietnam and any country, territory or other jurisdiction.
2.3 You may choose to, or we may invite you to submit comments or ideas about IMBA CARD and related services, including but without limitation about how to improve any service or product. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and shall not place us under any fiduciary or other obligations, and that we shall be free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.
3. Use of the IMBA CARD and Related Services
Use of IMBA CARD and related services is subject to the Terms and Conditions provided herein as may be amended from time to time. You signify agreement with these Terms and Conditions and assume liability for any and all charges and fees incurred on IMBA CARD and related services, whether authorized or unauthorized. IMBA CARD is not a Credit Card; hence usage shall be dependent on the funded balance linked to the IMBA CARD.
When you use the IMBA CARD and related services, you are authorizing us to act as your agent only with respect to holding, sending, or receiving available balance.
– We may without prior reference to you, combine or consolidate any number of your accounts in your country or overseas (whether held alone or jointly, or under any style, name or form including trade names of sole-proprietorships) and off-set credit balances (whether matured or not) in these accounts against any liability.
– You agree that where such combination, consolidation and set-off requires any conversion from one currency into another, we have the right to convert one currency into another in any manner we may determine and at our prevailing rate of exchange. You must indemnify us for any shortfall and be responsible for any losses and risks arising from the conversion.
4. Validity, Replacement, and Refund
4.1 Unless terminated or cancelled earlier, IMBA CARD shall be valid for a period of time defined by MATCHMOVE. Renewal or replacement of the IMBA CARD will be at the sole discretion of MATCHMOVE.
4.2 Inactive IMBA CARD: where no access or payment transactions are made on IMBA CARD for a continuous period of time exceeding that of which is mentioned in the Fees and Charges Table on http://imbacard.com/fees-and-charges/, and there is valid balance in IMBA CARD, we may notify you by any notice methods mentioned herein and give you the option of maintaining your IMBA CARD operational. If you do not respond to the notice within the given time noticed by us, from time to time, a dormancy fee can be charged and deducted from the remaining stored value on IMBA CARD and thereafter for every month for which the IMBA CARD remains inactive.
4.3 If there is any unused balance in an inactive IMBA CARD when it expires, you shall no longer be entitled to use that unused balance and we may terminate this IMBA CARD and forfeit the unused balance in accordance with applicable laws, and if permitted, to MATCHMOVE.
4.4 We shall not be obligated to process any refund of the available balance on the IMBA CARD before the expiry date of the card. We shall only be obligated to refund you the remaining balance of your IMBA CARD, if any, under the following conditions:
a. A refund application form is duly completed and submitted to us in accordance with the refund policy posted on http://imbacard.com/;
b. A refund-processing fee shall apply for each refund, and shall be deducted from the remaining balance stored on IMBA CARD. We shall only be obligated to process a refund if the remaining balance exceeds the refund-processing fee. If there is insufficient balance to cover the refund-processing fee, we shall notify you in writing of the unsuccessful refund; and
c. Any refund shall be transferred to your registered bank account or any bank account notified to us by you. Upon any unsuccessful transfer, MatchMove shall be entitled to charge an additional transfer fee.
5. Applications and Activation
To help the government fight terrorism and money laundering, the applicable laws require us to obtain, verify and record information that identifies each person who signs up for a IMBA CARD. What this means for you: when you sign up for a IMBA CARD, we will ask for your name, address, date of birth, an identification number and other identification documents that local applicable laws require us to obtain. We appreciate your understanding and cooperation.
5.1 Only qualified IMBA CARD MEMBERS can use IMBA CARD and related services by registering online at https://imba.mmvpay.com/. The IMBA CARD will be activated subject to the following conditions:
a. You have registered for the IMBA CARD;
b. The IMBA CARD is active and not blacklisted or suspended; and
c. Since it is a virtual product, no physical card will be issued to you.
5.2 You represent and warrant to us that you:
a. are at least eighteen (18) years of age;
b. are eligible to register and use IMBA CARD and related services and have the right, power, and ability to enter into and perform under these Terms and Conditions;
c. provide current, accurate and complete personal information during the registration process;
d. update your personal information, including current email address; and
5.3 We may require you to provide additional information as a condition of the continued use of IMBA CARD and related services, or to assist in determining whether to permit you to continue using IMBA CARD and related services. We, at our sole and absolute discretion, may refuse to approve or terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
5.4 Your IMBA CARD shall be valid for the period (“Validity Period”) stated on the IMBA CARD and shall expire on the first day of the following month. You agree and understand that the Validity Period may not be extended.
6. Your Information and Consent
6.1 You authorize us, our parent company, and its subsidiaries and affiliates (“Related Companies”) to undertake the following:
a. ask consumer reporting or reference agencies for consumer reports of your usage history;
b. release, disclose, submit, or exchange any IMBA CARD account information as they may deem fit including but not limited to IMBA CARD account updates to consumer reporting or reference agencies, government regulatory agencies, and to banks, creditors, credit card companies, financial institutions, loyalty program partners, or third parties;
c. use the information you have provided and those derived from how you use the IMBA CARD and related services for marketing activities or promotional offers of MATCHMOVE and its Related Companies; and
d. to ensure quality of customer service, you agree to allow us to monitor telephone calls between you and us from time to time.
6.2 If you wish to be excluded from the recipient lists for such promotional offers, or find any incorrect entry in the information held by us or in the information provided by us to a consumer reporting or reference agency, you have to immediately write to
MatchMove Pay Pte. Ltd.,
37 Telok Ayer Street, #03-03, Singapore 068602
or send an email to email@example.com
or call the Customer Service by dialling 1-800-271-1371 (Toll-Free Hotline) or +65-6271-1371 (International).
7. Your Responsibilities
7.1 You are personally liable and responsible for:
a. the use of IMBA CARD (including without limitation, by accessing sites accessible by providing the IMBA CARD number and Security Code). You acknowledge that the care and safety of IMBA CARD numbers and their corresponding Security Code is your sole responsibility, and agree to safeguard it against fraudulent or unauthorized use. You shall keep the Security Code confidential at all times. Under no circumstances will you disclose the Security Code to any person or compromise its confidentiality. You agree that all online transactions using IMBA CARD numbers and Security Code shall be conclusively presumed to have been personally made or authorized by yourself. Any unauthorized use of the Security Code by persons other than you shall invalidate any future claims or disputes that you can raise.
b. the use of services in relation to IMBA CARD;
c. all financial and other transactions performed with the IMBA CARD number, and all consent provided by you;
d. your use of all other third party sites;
e. for all transactions made using IMBA CARD and any loss suffered as a result of failure to comply with all the terms in these Terms and Conditions; and
f. all other obligations of yours relating to the use of IMBA CARD and related services. IMBA CARD is not transferable and shall only be issued to and used by you.
8.1 To be entitled to IMBA CARD privileges and benefits, including related services, you shall pay the fees we may require. We reserve the right to amend from time to time the privileges and benefits under IMBA CARD, including related fees. The continued use of the IMBA CARD and related services shall be taken as acceptance by you of the terms, benefits, and fees.
8.2 All paid annual fees are non-refundable even if the privileges are suspended or terminated, or even if you cancel the IMBA CARD before its expiry date.
8.3 If a transaction is made in a foreign currency (not the local currency of the place where the IMBA CARD is issued), we shall convert the transaction amount into the local currency according to our usual practice. Unless a particular rate is required by applicable law, you authorize us to choose a conversion rate that is acceptable to us for that date.
8.5 Currently, the conversion rate we use for a transaction in a foreign currency is no greater than (a) the highest official conversion rate published by a government agency, or (b) the highest interbank conversion rate identified by us from customary banking sources on the conversion date or the prior business day. This conversion rate may differ from rates in effect on the day of your transactions.
9. Compromise of IMBA CARD
9.1 The security and proper care of your IMBA CARD, as well as the confidentiality of your Security Code shall be your sole responsibility. You accept that you must not give the IMBA CARD Account details to others or allow them to use it for charges, identification or any other purpose. If you do so, you will be liable for all charges made with the IMBA CARD as a result.
9.2 You shall be relieved from any financial exposure resulting from fraudulent or unauthorized use of the IMBA CARD and related services from the time the report of compromise of your IMBA CARD account is received by us from the concerned person. Prior to the receipt of such a report, you expressly agree to be held liable to us for any and all transactions, purchases, and charges made or incurred from the use of the compromised IMBA CARD. Should you fail to immediately report to us the compromise of your IMBA CARD account upon discovery, we or our affiliated merchants shall be rendered free and harmless from any and all liabilities arising out of the IMBA CARD account’s compromise.
9.3 You will be required to provide your name, address, IMBA CARD number, identification document and other details for identification purposes. You agree to provide us all information and assistance reasonably requested in order to make a timely and complete investigation of the compromise, and we reserve the right to investigate the compromise. If your IMBA CARD is lost or stolen, we may issue you a replacement IMBA CARD account with a value equal to the available balance on your IMBA CARD at the time you notified us of the compromise, at our sole discretion.
10. Reload and Transaction
10.1 We permit a one-time top-up of up to an amount of money as set forth in Fees and Charges Table while your IMBA CARD registration is being processed.
10.2 Your IMBA CARD is a reloadable account where you have completed all registration requirements as may be determined by us, meaning Know-Your-Customer (KYC)-validated.
10.3 Where IMBA CARD has been designated as a reloadable account, the maximum remaining balance on the IMBA CARD shall be up to a specific amount as set forth at our own discretion. You can spend up to a limited amount per day and per month as defined in the Fees and Charges Table on http://imbacard.com/fees-and-charges/. Each time you use your IMBA CARD, the amount of the transaction will be debited from your IMBA CARD’s available balance. You agree not to make a purchase or other transaction in excess of your IMBA CARD’s available balance. We have the right to reject all of your requests to make any purchase or any other transaction or if a Fee deducted from your available balance exceeds the available balance on your IMBA CARD.
10.4 Transactions are indicated as Pending, Completed, Failed or Cancelled.
a. “Pending” indicates that a transaction is currently undergoing review by us and may not be completed or settled, at our sole discretion. “Pending” may also indicate that the transaction is awaiting account confirmation or settlement from a third party.
b. “Completed” indicates that a transaction has cleared and the funds are available. If we determine that the transaction is related to a restricted or prohibited business or activity or that the transaction is the result of fraudulent activity, we may reverse or refund the transaction at any time. This refund shall be deposited into your IMBA CARD account.
c. “Cancelled” indicates that a transaction has been stopped or reversed. This could be due to inaccurate or incomplete information about your IMBA CARD account, our inability to validate the legitimacy of a payment, or merchant, or another proprietary reason. You may contact us for more information. Although payments are cancelled, the removal of an authorization on a return of funds to a MEMBER’s IMBA CARD account may not be immediate, and we cannot guarantee availability within a specific timeframe.
d. “Failed” indicates that a transaction could not be processed due to inaccurate IMBA CARD account information, insufficient funds, or another transaction related reason.
11. Transfer Credit Service
1. For Senders. These terms and conditions (“Terms”) apply to and regulate your use of IMBA CARD’s Transfer Credit Service (“TC Service”). The TC Service allows you to request (“Transaction Request”), using the Transfer Credit function in your IMBA CARD Account (“ Account”), that MATCHMOVE carries out a transaction (“TC Transaction”) to transfer an amount specified by you (“Tranfer Amount”) from your IMBA CARD account to your designated recipient (“Recipient”).
a. To use the TC Service, you will need to:
i. have a valid and active IMBA CARD Account; and
ii. have Verified Your Identitiy (“KYC”) by MATCHMOVE
b. If you wish to carry out a TC Transaction, you must submit a Transaction Request to initiate such TC Transaction. When submitting a Transaction Request, you shall provide such information as may be requested by MACTHMOVE (including the Recipient’s contact details); and
c. You are responsible for ensuring, and you warrant, the truthfulness, accuracy and completeness of all information provided in respect of such Transaction Request, including but not limited to the Recipient’s contact details.
d. Once a Transaction Request has been credited into the Recipient’s Account, you will not be able to withdraw, cancel or make any changes to such Transaction Request.
e. MATCHMOVE shall be entitled, at our absolute discretion, to reject or refuse to accept or process or to cancel any Transaction Request or TC Transaction and shall not be required to give any reason for the same.
f. Following the acceptance by MATCHMOVE of a Transaction Request, the Recipient will, depending on the contact details provided by you, be notified by email, or through SMS, that you have transferred the credit to the Recipient’s Account.
g. The Transfer Amount that has been transferred by you (whether pursuant to a single or multiple Transaction Requests) is subject to a daily limit of SGD1,000 (one thousand Singapore dollars) per transaction, and/or a monthly limit of SGD3,000 (three thousand Singapore dollars) worth of total transactions. This limit is reset at midnight (Singapore time) daily. MATCHMOVE may, in our absolute discretion, alter any limit or impose additional limits on the Transfer Amount(s) that may be transferred by you, whether on a per transaction basis or an aggregated basis, without prior notice to you.
h. In relation to each TC Transaction: The notifications will be sent to you in connection with you successfully opting-in for the TC Service either by SMS or and email.
i. You acknowledge and agree that you are responsible for providing the correct Recipient’s contact details to enable the TC Transaction into the Recipient’s Account, and ensuring that the Recipient safe-keeps and maintains the confidentiality of his own Account.
j. You hereby instruct and authorise MaATCHMOVE to debit your Account and transfer or procure the transfer of the Transfer Amount to the Recipient’s Account.
k. The Recipient must have a valid IMBA CARD Account. The Recipient must request an OTP to enable the TC Transaction to be credited into his Account, must comply with such instructions as may be prescribed by MATCHMOVE and have the KYC process done in order for the Transfer Amount to be credited into his/her Account.
l. If the TC Transaction is unsuccessful but the Transfer Amount has been debited from your Account, MATCHMOVE shall arrange for the Transfer Amount to be credited back to your Account.
m. You acknowledge and agree that, for the purposes of the TC Service, the Account will be accessing and using the information in your IMBA CARD Account, and you hereby consent to the IMBA CARD accessing and using such information for the provision of the TC Service and authorise MATCHMOVE to contact your designated Recipients using such information (including through private emails via your IMBA CARD account) on your behalf.
n. MATCHMOVE reserves the right to impose charges or to revise at any time such charges for the use of the TC Service and/or the Account upon written notice to you. Such charges or revisions shall take effect from the date stated in the notice. Where you continue to use the Account or submit any Transaction Request after such notification, you shall be deemed to have agreed to and accepted such charges or revisions to such charges.
o. MATCHMOVE expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of, the TC Service or in relation to the processing of or any other matter relating to any Transaction Request or TC Transaction. Without prejudice to the foregoing, the acceptance by MATCHMOVE of your submission of a Transaction Request does not amount to a representation or warranty by MATCHMOVE that it will, and does not impose any obligation on MATCHMOVE to, process the TC Transaction or transfer the Transfer Amount to the Recipient and the MatchMove does not represent or warrant that:
i. the Transfer Amount has been successfully transferred to the Recipient’s Account; or
ii. the Transfer Amount has not been credited, or has failed to be credited to the the Recipient’s Account within 7 days from the date of the Transaction Request.
iii. the TC Service will meet your requirements;
iv. the TC Service will always be available, accessible, function or inter-operate with any network infrastructure, system or such other services as IMBA CARD may offer from time to time; or
v. your use of the TC Service or IMBA CARD’s processing of any Transaction Request or TC Transaction will be uninterrupted, timely, secure or free of any virus or error.
p. You acknowledge and agree that, to the extent permitted under applicable law, MATCHMOVE shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with:
i. the provision by MATCHMOVE of or your use of the TC Service and/or the Account;
ii. the processing of any Transaction Request or TC Transaction;
iii. any TC Transaction being unsuccessful or considered as unsuccessful or any Transfer Amount not having been transferred to the Recipient’s IMBA CARD 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 Terms and Conditions (including as a result of inaccurate information being provided by you);
iv. any failure, refusal, delay or error by any third party or third party system through whom or which any TC Transaction is made;
v. any unauthorised access of the Account;
vi. the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data: (A) relating to you and/or any Recipient; (B) transmitted through your use of the TC Service and/or the Account; and/or (C) obtained through your use of the TC Service and/or the Account;
vii. any event the occurrence of which MATCHMOVE is not able to control or avoid by the use of reasonable diligence; and/or
viii. the suspension, termination or discontinuance of the TC Service.
q. To the extent that any of the limitations set out above are not permitted by law, MATCHMOVE’s liability to you arising from or in respect of each TC Transaction, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to MATCHMOVE’s provision of the TC Service and/or the Account and/or under or relating to these Terms shall not exceed the value of such TC Transaction.
r. You represent and warrant that, in relation to each TC Transaction, you have obtained the necessary consent of the relevant Recipient to disclose such Recipient’s personal data (including contact details) to MATCHMOVE and for MATCHMOVE to use and disclose such Recipient’s personal data (including contact details to contact the Recipient in the manner set out in paragraph 6) as required for the purposes of the TC Service.
s. MATCHMOVE shall be entitled to exercise any of its rights and remedies under this Terms and Conditions governing Online Transaction Services (including the right to withdraw, restrict, suspend, vary or modify IMBA CARD Transfer Credit Service (whether in whole or in part)).
2. For Recipients. These terms and conditions (“Terms”) apply to and regulate your use of Virtual MATCHMOVE’s Transfer Credit Service (“TC Service”) to receive a specified amount of funds (“Transfer Amount”) from a customer (“Sender”) of MATCHMOVE who has requested IMBA CARD to transfer the Transfer Amount to you (such request to transfer, your request to receive and the transfer to you of the Transfer Amount, the “TC Transaction”). You are required to accept and agree to these Terms and Conditions before you will be able to receive the Transfer Amount which is the subject of the TC Transaction.
a. You may only receive the Transfer Amount by submitting a request using:
i. the unique URL which may be accessed via the email or SMS provided to you informing you of the TC Transaction; or
ii. such other manner as may be prescribed by MATCHMOVE in the email or SMS provided to you informing you of the TC Transaction, and by complying with such instructions as may be set out therein.
b. In order to receive the Transfer Amount, you must:
i. Have a IMBA CARD Account; and
ii. Have passed the KYC process by MATCHMOVE
c. You are responsible for ensuring, and you warrant, the truthfulness, accuracy and completeness of all information provided in your request to receive the Transfer Amount and/or when using the TC Service, including but not limited to the details of your designated IMBA CARD Account. In addition, you represent and warrant that you are the intended recipient of the Transfer Amount and that you are the legal and beneficial holder of the designated IMBA CARD Account to which the Transfer Amount is to be credited.
d. MATCHMOVE shall be entitled, at its absolute discretion, to reject or refuse to process any request to receive the Transfer Amount and shall not be required to give any reason for the same.
e. Following verification of OTP, MATCHMOVE will endeavor to credit the Transfer Amount to your IMBA CARD account.
f. If the TC Transaction cannot be or is not completed for any reason, MATCHMOVE shall not be liable to you in respect of the incomplete TC Transaction, including without limitation, your non-receipt of the Transfer Amount.
g. MATCHMOVE expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, whether express or implied, statutory or otherwise, relating to or arising from the use of the TC Service or in relation to the processing of or any other matter relating to a request to receive the Transfer Amount. Without prejudice to the foregoing, your possession or provision of the Security Code does not amount to a representation or warranty by MATCHMOVE that it will, and does not impose any obligation on MATCHMOVE to, credit the Transfer Amount to your IMBA CARD Account and MATCHMOVE does not represent or warrant that:
i. The One Time Password (“OTP”) sent to your mobile is invalid or has ceased to be valid; or
ii. any information provided by you is invalid or incorrect;
iii. the TC Service will meet your requirements;
iv. the TC Service will always be available, accessible, function or inter-operate with any network infrastructure, system or such other services as MATCHMOVE may offer from time to time; or
v. your use of the TC Service or MATCHMOVE’s processing of a request to receive the Transfer Amount will be uninterrupted, timely, secure or free of any error, including without limitation that you will receive the Transfer Amount or that you will receive the Transfer Amount in a timely manner.
h. You acknowledge and agree that, to the extent permitted under applicable law, MATCHMOVE shall not be liable to you for any and all losses, liabilities, costs, expenses, damages, claims, actions or proceedings of any kind whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise) in connection with:
i. the provision by MATCHMOVE of or your use of the TC Service;
ii. the processing of a request to receive the Transfer Amount;
iii. any TC Transaction being considered as incomplete or any Transfer Amount failing to be credited to your designated IMBA CARD Account or transferred to a recipient other than you, whether or not arising from: (A) your negligence, misconduct or breach of any of these Terms (including as a result of inaccurate information being provided by you); or (B) any failure, refusal, delay or error by any third party or third party system through whom or which the TC Transaction is made;
iv. the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any information or data relating to you, provided by you in the course of using the TC Service; and/or obtained through your use of the TC Service;
v. any event the occurrence of which IMBA CARD is not able to control or avoid by the use of reasonable diligence; and/or
vi. the suspension, termination or discontinuance of the TC Service.
i. MATCHMOVE shall not be liable and you agree to indemnify MATCHMOVE and keep MATCHMOVE indemnified against any consequences, claims, proceedings, losses, damages or expenses (including all legal costs on an indemnity basis) whatsoever and howsoever caused that may arise or be incurred by MATCHMOVE in providing the TC Service, whether or not arising from or in connection with and including but not limited to the following:
i. any improper or unauthorised use of the TC Service by you;
ii. any act or omission by any relevant mobile or internet service provider;
iii. any delay or failure in any transmission, despatch or communication facilities;
iv. any access (or inability or delay in accessing) and/or use of the TC Service; or
v. any breach by you of any warranty under or provision of these Terms.
3. To the extent that any of the limitations set out above are not permitted by law, MATCHMOVE’s liability to you arising from or in respect of the TC Transaction, whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to the TC Service and/or under or relating to these Terms shall not exceed the value of the TC Transaction.
12. Transaction History
You may access the IMBA CARD website and view the transaction history. You acknowledge and agree that we are not under any obligation whatsoever to issue a monthly statement to you detailing the transactions conducted by you through the IMBA CARD system.
13. Disputes and Erroneous Transactions
13.1 The details in the SMS/email confirmation message after every transaction and/or the entries in the Transaction History are presumed true and correct unless you notify us in writing of any disputes thereon within twenty-four (24) hours from the time of transaction. If no dispute is reported within the mentioned period, all transactions and the entries in the Transaction History are considered conclusively true and correct.
13.2 Disputed transactions shall only be credited back to your IMBA CARD once the claim/dispute has been properly processed, investigated, and there has been a clear finding that you are entitled to the credit.
14. Suspension, Cancellation, Termination, Non-renewal
The IMBA CARD or any part thereof may be cancelled by us at any time without prior notice to you. After cancellation, IMBA CARD or any part thereof may be reinstated in such manner and on these Terms and Conditions as we may at our absolute discretion determine.
14.1 Discretion. Without giving any reason or prior notice, and without prejudice to the other provisions in these Terms and Conditions, we have absolute discretion to: (a) refuse approval of any proposed IMBA CARD transaction even if the MATCHMOVE wallet linked to the IMBA CARD has sufficient balance; (b) terminate or cancel your right to use your IMBA CARD and related services; (c) increase or decrease the transaction limit; (d) refuse reissuance, renewal, or replacement of IMBA CARD; or (e) introduce, amend, vary, restrict, terminate, or suspend the benefits, related services, facilities, and privileges in respect of or in connection with IMBA CARD.
14.2 Termination by Us Notwithstanding anything, we may close and revoke any one or all IMBA CARD accounts and services, with or without notice to you, if:-
a. you do not follow our instructions in connection with your IMBA CARD account or related services or you do not comply with any applicable law;
b. we believe you have (i) offered, promised or given any bribe; or (ii) agreed to receive or accepted any bribe;
c. in our opinion, any IMBA CARD Account is not operated in a proper or regular manner;
d. in our opinion, a banking relationship with you is no longer appropriate;
e. you threaten to breach or you have breached, any term in these Terms and Conditions , or any other agreement whether relating to the borrowing of funds or the granting of advances or credit or otherwise;
f. you have given us untrue, inaccurate, incomplete or misleading information;
g. you do not pay on time any amount due to us;
h. you pass away or become incapacitated;
i. you become insolvent or bankrupt or subject to judicial proceedings;
j. your assets are in jeopardy or subject to enforcement of a judgment by any party;
k. any legal proceeding (civil or legal) or action (including garnishee order, writ of seizure and sale, injunction) is commenced or levied against you, or you have been convicted of a crime, or you or any security provider has acted inappropriately;
l. anything happens which, in our opinion, may have a material or adverse effect on your financial condition, assets or compliance with the terms of these Terms and Conditions ;
m. any other event of default occurs under any other agreements or arrangements between us;
n. any of the events or proceedings under this clause occurs in relation to any third party who has agreed to provide or is providing security;
o. it would constitute a breach of our agreement with any other party;
p. it is necessary for us to do so in order for us to meet any obligation, either in Vietnam or elsewhere in the world, in connection with the prevention of fraud, money laundering, terrorist activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanctions; or
q. it is unlawful for us to continue to provide IMBA CARD account or any service or allow the use of the Card.
14.3 You may, at any time, suspend, cancel, terminate or re-activate IMBA CARD in accordance with these Terms and Conditions by following the required steps specified at http://imbacard.com/terms-conditions/. You acknowledge that such actions may be charged a fixed amount for such changes.
14.4 Upon cancellation or termination of IMBA CARD or any part thereof:
a. all rights and benefits granted to you shall immediately be terminated and shall revert to us;
b. you cannot and must not use your IMBA CARD;
c. We may at our absolute discretion, decide not to act on any confirmation or request received by you after the effective date of termination;
d. We may at our absolute discretion, decide not to act on any confirmation or request received by us between the date of notice given to you and the effective date of termination (if there is a lapse of time between the two dates).
15.1 You agree not to use IMBA CARD for purchase of items or goods for which their importation into your residence country is disallowed under applicable laws.
15.2 You confirm that you shall not use IMBA CARD and related services to conduct transactions in connection with any prohibited activities under applicable laws.
15.3 We may limit the number of your purchases that may be approved in one day. If we detect any unusual or suspicious activity on the use of your IMBA CARD, we may require you to contact us or temporarily suspend your privileges until we can verify the activity.
16. Authorizations and Indemnity for Telephone, Email, SMS
16.1 You authorize us to rely upon any notice, instruction or other communication which may, from time to time be given through website, telephone, email, or SMS by you. We, however, reserve the right to require the instruction of supporting document/s, before we may decide to act or not on the instruction, if we have reasonable grounds therefore.
16.2 We shall be permitted to treat the instruction as fully authorized by and binding upon you, and we shall be permitted to take such steps in connection with or on reliance upon the instruction, as we may deem appropriate.
16.3 You agree that we may tape or otherwise record all telephone or other instructions. You likewise agree and expressly consent that such taped or recorded instructions may be used by us against you or any third party, for any purpose, particularly as evidence in any proceeding, judicial or administrative.
16.4 In consideration of us acting in accordance with the terms of the instruction, you hereby irrevocably undertake to indemnify us and to keep us indemnified against all losses, claims, actions, proceedings, demands, damages, costs and expenses of whatever nature, arising out of or in connection with the implementation of the instruction.
16.5 Any instruction given by you to us may be treated by us as valid and effective until we receive from you a written notice terminating or withdrawing that same instruction, save that such termination will not release you from the responsibility accruing from such instructions and the liability and indemnity obligation set forth above, with respect to any act performed by us in accordance with such instruction, prior to its termination/withdrawal.
16.6 You authorization shall remain in full force and effect until your IMBA CARD account is closed or terminated.
17.1 All notices and documents required to be given by us to you shall be sent by any one of following methods:
a. ordinary or registered post to your last known address according to MATCHMOVE’s record;
b. electronic mail to your last known electronic mail address according to MATCHMOVE’s record;
c. posting notice or communication on the IMBA CARD website;
d. notices placed with or in any of the IMBA CARD written communications to you;
e. phone call to your last known phone number according to MATCHMOVE’s records;
f. notices placed through any media; or
g. any manner of notification as we may at our absolute discretion determine.
17.2 Unless otherwise expressly provided in writing, our notices and communications to you are effective:-
a. if sent by post to an address within your country, the following business day after posting;
b. if sent by post to an address outside of your country, 5 business days after posting;
c. if sent by fax, electronic mail or SMS, at the time of transmission;
d. if sent by hand, at the time of delivery or when left at the address;
e. if posted on our Website, on the date of display or posting;
f. if advertised in the newspaper, on the date of advertisement; and
g. if broadcast via radio or television, on the date of broadcast.
18. Promotional Offers, Advertisements, and Surveys
18.1 We may inform you about promotional offers through mail, email, fax, SMS, telephone, or any other means of communication. You agree that we and our affiliates, and third parties selected by any of them can offer specially selected products and services to you through any means of communication provided above. For this purpose, you agree that we may transfer and disclose customer information to our affiliates and third parties selected by any of them.
18.2 Third parties’ services and links to other websites. You may be offered services, products and promotions provided by third parties and not by us. If you decide to use these services, you shall be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that we are not responsible for the performance of these services.
18.3 Our website may contain links to third parties’ websites as a convenience to you. The inclusion of any website link does not imply an approval, endorsement, or recommendation by us. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Terms and Conditions. We expressly disclaim any liability for these websites.
19. Consent to Broadcast and Sending of Push Messages
You agree and consent to the sending by us and our affiliates of broadcast and push messages as well as notices and announcements to you via SMS/email blast. However, should you opt not to receive these messages, you may make a request to that effect by following the opt-out instructions regularly sent by us to you.
You shall comply with all laws and regulations related to the use of stored value facilities and the current Anti-Money Laundering/Counter-Terrorism Financing legislation of your residence country.
21. Limitation of Liability
21.1 IMBA CARD and related services are provided on an “as is” and “as available” basis. Use of IMBA CARD and related services is at your own risk. In the event of any action that you may file against us, you agree that our total liability shall not exceed USD1,000 (one thousand US dollars) or the amount of the damages actually suffered by you, whichever is lower.
21.2 You hereby agree to indemnify and render us, our directors, officers, employees, agents and assign free and harmless from and against any claim, cause of action, suit, liability, and loss or damage of whatever nature that may arise as a result of or in connection with the use of your IMBA CARD and the transactions made with it in the following instances: (a) Disruption, failure, or delay relating to or in connection with the use of your IMBA CARD due to circumstances beyond our control; fortuitous events such as, but not limited to, prolonged power outages, breakdown in computers and communication facilities, computer-related errors, system errors, system enhancements, system migration and integration, typhoons, floods, public disturbances and calamities, and other similar or related cases; (b) Fraudulent or unauthorized utilization of the IMBA CARD due to unauthorized disclosure, or breach of its security or confidentiality with or without your participation; or (c) Inaccurate, incomplete, or delayed information received by us due to disruption or failure of any communication facilities or electronic device used for your IMBA CARD.
21.3 We are not liable:- (a) for the refusal of any MERCHANT or financial institution or other party to accept your IMBA CARD; (b) for any goods or services purchased or paid for through your IMBA CARD, including if a product or a service you purchased is unsafe, is not delivered, breaks, is different than as represented, or otherwise does not meet your needs or expectations. If a problem arises with the product or service you purchased from a third party (e.g., a merchant) you need to resolve your issue directly with them; (c) for any loss if we limit, cancel or suspend the operations or the use of any IMBA CARD and related services due to any force majeure, industrial action, power failure, equipment breakdown or any other cause beyond our control or the unavailability of or inaccessibility to your records, the accounts or services or other causes; (d) for any loss you may incur in connection with the use of any IMBA CARD, account or related services howsoever arising (whether reasonably foreseeable or not), even if we have been advised of the possibility of the loss, including loss from:- (i) any payment restriction due to any law, regulation and practice of the country from or through which payment is made or which apply to you; (ii) any strike, default, neglect or insolvency of any MERCHANT; (iii) any cause beyond our control; (iv) any unauthorized use of your IMBA CARD or Security Code; (v) unavailability or improper functioning of any service; (vi) any computer or system virus interference, sabotage or any other cause which may interfere with any of our services or any breakdown or malfunction due to any cause whatsoever of computer software or equipment whether belonging to us or not; (vii) any delay or error including in the transmission of any electronic payment transfer; (viii) our refusal to act on any instruction, or any other thing we do or do not do; (ix) termination of any MatchMove account or service; and (x) termination of any IMBA CARD, account or related service; and (xi) any loss or destruction of or error in our records; but, we will be liable for your direct loss to the extent such loss is directly caused by our fraud or wilful misconduct. 20.4 Certain kinds of IMBA CARD may give you access to services provided by third parties. You are responsible for the cost of all services provided by these third parties. You acknowledge that third party services are provided on a best-effort basis and that these services may not always be available for reasons such as time, distance or location. Neither we nor the third party service provider, or the party paying for these third party services, is liable to you for any loss in connection with the services provided.
22. Non-waiver of Rights
No failure or delay on the part of MATCHMOVE in exercising any right or power given here shall operate as a waiver of that right or power, and nor shall any partial or single exercise of any such rights or powers preclude any of the other rights or powers provided here. Moreover, no waiver by MATCHMOVE or any of its rights or powers under this IMBA CARD agreement shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative.
23. Other Means of Communication
You undertake to notify us of any additional means of communicating with you aside from those disclosed in your IMBA CARD application. Pursuant to such undertaking, you authorize us at its discretion but without any obligation to do so, to secure information from third parties such as but not limited to utility companies, insurers, and financial intermediaries, and to receive information on how and where you can be contacted.
24. Assignment of Waiver
You agree that MATCHMOVE, without notice to you, may assign, discount, or otherwise transfer part of all of its rights or obligations here or under any IMBA CARD transaction. In the event of such assignment, you irrevocably agree not to assert against the assignee set-off rights of any obligation that may be owed by us to you. You may not assign your rights and obligations under these Terms and Conditions without the prior consent of MATCHMOVE.
25. Your Complaints
Any complaint regarding your IMBA CARD and related services or their use, or both, shall be communicated to the IMBA CARD Hotline or Contact Us or other means in accordance with these Terms and Conditions. If we deem necessary, we will conduct an investigation of the complaint for its prompt resolution and communicate its findings to you. You agree to fully cooperate with any such investigation by providing the necessary or required data, information, and documents. (a) You must resolve any complaint against any MERCHANT or other party directly with them. You cannot set-off against us any claim you have against them. If there is a dispute with any MERCHANT in respect of a payment, a refund for the transaction will be made to you only after the MERCHANT has refunded the payment to us.
26. No Deposit Insurance Coverage
The MatchMove wallet linked to your IMBA CARD is not a deposit account and is not covered by the Law on Deposit Insurance of the Country.
28. Severability Clause
Should any term or condition in these Terms and Conditions be rendered void or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.
29. Dispute Resolution
MATCHMOVE and you shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination and/or breach of these Terms and Conditions in the first instance through good faith negotiation or mediation between the parties. Any claims or disputes arising from or related to these Terms and Conditions shall be resolved through binding arbitration via the Singapore International Arbitration Centre located in Singapore and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, and solely with respect to breaches or threatened breaches of these Terms and Conditions, either party to these Terms and Conditions may seek a temporary restraining order and injunction to protect its legal rights or interests, without the need to post bond in any court having jurisdiction.
30.1 Act in good faith. We may act in any instruction we believe in good faith has been given by you according to the operating mandate.
30.2 Indemnity. You agree to indemnify us and all our servants, employees, nominees, directors and agents for any loss and embarrassment suffered by us (other than such loss and embarrassment arising from us or our employees’ and agents’ wilful misconduct or negligence) in connection with:-
a. any IMBA CARD account, related services or transaction;
b. acting on or carrying out or delaying or refusing to act on any instruction you give us;
c. searches and enquiries we make in connection with you, or a security provider;
d. the provision of any service to you and the performance of our functions;
e. any service provided by any third party;
f. any default or the preservation or enforcement of our rights under the terms of these Terms and Conditions or any other applicable terms and conditions in connection with any IMBA CARD or related services or as a result of your non-compliance with any of these terms;
g. any action by us or any party against you relating to any IMBA CARD, IMBA CARD account or services;
h. any involvement by us in any proceeding of whatever nature for the protection of or in connection with the IMBA CARD, IMBA CARD account or services;
i. our compliance with any existing or future law or regulation or official directive in respect of any of these terms;
j. taxes payable by us in connection with your IMBA CARD account; and
k. any increased cost in our funding if there is a change in law or circumstances.
30.3 Waiver. Any failure or delay by us in exercising or enforcing any right we have under the terms of these Terms and Conditions does not operate as a waiver of and does not prejudice or affect our right subsequently to act strictly in accordance with our rights.
30.4 Illegality. We may close and revoke any IMBA CARD account or related services with or without notice to you if, because of any change to any applicable law, regulation, regulatory requirement or judicial decision, or in our opinion, maintaining or performing any obligation under the terms in these Terms and Conditions becomes illegal, or we are otherwise prohibited from doing so. If this happens, you must pay us all liabilities on demand.
30.5 General Construction and Interpretation. In our opinion: when we determine a matter in our opinion, the determination is made at our absolute discretion. When we act or refuse to act: on any matter including any instruction or transaction, we do not need to provide any reason for our act or refusal unless required by the law. Timing: if we receive any instruction on a non-business day or after the specified clearance or cut-off times, we may treat the instruction as received on the following business day.
30.6 Amendments. We reserve the right to amend these Terms and Conditions at any time and for whatever reason it may deem proper, and any such amendment shall be binding upon notice to you by publication or other means of communication, electronic or otherwise. This is unless you object to those amendments by manifesting the intention to terminate your membership in writing within five (5) days from notice of the amendment. Your failure to notify us about this intention to terminate your membership as provided, and your continued use of your IMBA CARD and related services, or both, shall be taken as your conclusive acceptance of the amendments.
30.7 Definitions, Description, and interpretation. Headings and sub-headings are inserted for convenience only and do not affect the interpretation of these Terms and Conditions. In these Terms and Conditions, unless the context otherwise requires, the following definitions shall apply:
FEES AND CHARGES TABLE – refers to the Fees and Charges Table that applies to the IMBA CARD account and listed in the Fees and Charges Table made available on http://imbacard.com/fees-and-charges/.
MATCHMOVE – we, us, ourselves, the issuer refers to all our affiliates under control of MATCHMOVE PAY PTE LTD. (CRN: 200902936W), a company duly established and operating under the laws of Singapore, has its registered office at 137 Telok Ayer Street, #03-03, Singapore 068602.
IMBA CARD – refers to the virtual card account which is provided to you upon sign-up at https://imba.mmvpay.com/. The account is regarded as a stored value facility under Country laws, and different types of payment products and services may be available to you from time to time.
COUNTRY – means the country or territory where you are residing and the IMBA CARD is opened.
MERCHANT – refers to any merchants, vendors, persons, corporations or entity honoured to provide goods, products and services to you through IMBA CARD. You acknowledge that your purchases of those goods, products and services are transactions between you and merchants and not with us or other of our affiliates unless expressly designated as such in the listing of the products or services on MATCHMOVE’s website/electronic catalogue. You agree and confirm that MATCHMOVE makes no representations or warranties in respect of the products, goods and services offered by MERCHANT, including, without limitation, the quality, accuracy, adequacy, timeliness, fitness for any purpose or completeness of any of the products, goods or services. You are advised to refer carefully to MERCHANT’s terms and conditions, refund and return policy before making any purchase.
WEBSITE – refers to our website, the address of which is http://imbacard.com and mobile applications or portals that you can access from mobile devices.
YOU – yourself refers to the IMBA CARD member to whom the IMBA CARD is issued.