| Funkey! cards Terms and Conditions of issue and use |
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With effect from 1 January 2008 (“Effective Date”), NTUC CLUB (“NTUC CLUB”) shall be deemed to be the issuer of all Funkey! Cards, whether issued on or before the Effective Date.
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These Terms and Conditions relate to the issue and use of all Funkey! Cards and are published by NTUC CLUB. All Cardholders (defined below) shall be deemed to have agreed to accept, observe and be bound by these Terms and Conditions. These Terms and Conditions are subject to amendments by NTUC CLUB from time to time and continued use of the Funkey! Card by the Cardholder shall be deemed as acceptance by the Cardholder of the amended Terms and Conditions.
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| 1 |
DEFINITIONS AND INTERPRETATION |
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In these Terms and Conditions, the following words and expressions shall have the following meanings unless the context or subject matter otherwise requires: |
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| Cardholder |
means a person who has purchased a Funkey! Card or a person for the time being in possession of a Funkey! Card (excluding persons who are appointed or authorized to sell Funkey! Cards, credit the Stored Value, effect Refunds or replace Funkey! Cards); |
| Funkey! Counter |
means the counters set up by NTUC CLUB for the sale of Funkey! Cards, crediting of Stored Value, effecting Refunds, replacement of Funkey! Cards and generally to deal with Cardholder enquiries; |
| Funkey! Kiosk |
means the self-help kiosks set up by NTUC CLUB for the sale of Funkey! Cards and crediting of Stored Value; |
| Funkey! Redemption Counter |
means the counters set up by NTUC CLUB for redemption of Funkey! Loyalty Programme and benefits; |
| Loyalty Programme |
means the loyalty programme established and determined by NTUC CLUB at its sole and absolute discretion from time to time through the Funkey! Card whereby Cardholders may be given loyalty benefits and/or earn loyalty points for their purchase and/or use of the Funkey! Cards; |
| Participating Merchants |
means a person engaged in the sale of goods and/or provision of services and who is appointed or authorized by NTUC CLUB to accept deductions of Stored Value of a Funkey! Card through the use of the Funkey! Card as a mode of payment for such goods and/or services; |
| Refund |
means any refund to be made to a Cardholder in accordance with the provisions of these Terms and Conditions; |
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Downtown East
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means the premises within Downtown East located at 1, Pasir Ris Close, Singapore, including Costa Sands (Downtown East), Escape Theme Park, and Wild Wild Wet; |
| Stored Value |
means in respect of each Funkey! Card, the dollar value standing to the credit of that Funkey! Card at any point in time. |
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| 2 |
ISSUE AND OWNERSHIP OF FUNKEY! CARD / LIABILITY OF NTUC CLUB |
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| 2.1 |
The Funkey! Card is issued and distributed by NTUC CLUB. |
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| 2.2 |
All Funkey! Cards shall remain the property of NTUC CLUB. |
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| 2.3 |
A Funkey! Card may be purchased at any Funkey! Counter or Funkey! Kiosk in Downtown East and at such other locations as may be notified by NTUC CLUB from time to time. Each Funkey! Card for sale shall, on purchase, have a minimum Stored Value of $10 (subject to revision by NTUC CLUB). The Stored Value may be increased by the Cardholder at any Funkey! Counter or Funkey! Kiosk in Downtown East by payment of a sum equivalent to the amount of the increase. A Cardholder may increase the Stored Value of his Funkey! Card to a maximum value of $500. The maximum value may be revised by NTUC CLUB from time to time. |
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| 2.4 |
NTUC CLUB is only liable to the Cardholder in respect of the Stored Value in the Funkey! Card without any interest accruing. For the avoidance of doubt, NTUC CLUB is not liable in any way in respect of (a) the goods or services purchased by the Cardholder through the use of the Funkey! Card, and (b) Loyalty Programme. |
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3 |
VALIDITY OF FUNKEY! CARD
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| 3.1 |
Each Funkey! Card is valid for use for 4 years from the date of its issue. Thereafter, the Funkey Card shall be deemed expired and not valid for use. |
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| 3.2 |
Upon expiry of Funkey! Card or after the Refund Claim Period as defined in clause 9.2 below, whichever is later, all unused and unclaimed Stored Value and loyalty points accumulated in the Funkey! Card shall be forfeited. |
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| 3.3 |
The validity period or expiry date of Funkey! Card may be revised by NTUC CLUB at their sole discretion from time to time. |
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| 4 |
USE OF FUNKEY! CARD |
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| 4.1 |
The Funkey! Card may only be used in Downtown East and at such other places as may be determined by NTUC CLUB from time to time. |
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| 4.2 |
Cardholders may present the Funkey! Card for payment of entrance fees into the Escape Theme Park and Wild Wild Wet, and payment for goods and/or services at all Participating Merchants. |
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| 4.3 |
The Participating Merchants may be changed from time to time. |
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| 4.4 |
NTUC CLUB and/or the Participating Merchants may reject the use of the Funkey! Card for payment of goods and/or services if: |
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(a) the Funkey! Card is suspected to have been fraudulently issued, stolen or tampered with; or
(b) the Stored Value of the Funkey! Card is insufficient or has been exhausted; or
(c) the Funkey! Card terminal rejects the Funkey! Card for any reason whatsoever or if a force majeure event (defined in Clause 16 below) arises which disables and/or prevents the Participating Merchants from accepting and/or processing the Funkey! Card as a means of payment. |
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| 4.5 |
NTUC CLUB shall be entitled without assigning any reason whatsoever to retain any Funkey! Card presented for use which it reasonably suspects to have been fraudulently issued, stolen and/or tampered with. |
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| 5 |
TRADEMARK |
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| 5.1 |
The Funkey! mark is a registered trademark and is owned by NTUC CLUB. The Cardholder acknowledges and agrees that NTUC CLUB is the sole and exclusive owner of all copyright, trademark right and other intellectual property rights in and to or relating to or associated with the Funkey! Card. |
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| 6 |
CONCLUSIVE EVIDENCE OF STORED VALUE |
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The information generated by the Funkey! Card system as to the Stored Value and the amounts deducted shall be conclusive against the Cardholder in the absence of manifest error.
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| 7 |
LOYALTY PROGRAMME |
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| 7.1 |
Subject to Clause 7.3 below, Cardholders may be given loyalty benefits and/or earn loyalty points pursuant to the Loyalty Programme, upon:
(a) the purchase of the Funkey! Card;
(b) the Cardholder increasing the Stored Value of the Funkey! Card; and/or
(c) the purchase of goods and/or services of Participating Merchants using the Funkey! Card.
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| 7.2 |
The Cardholder may redeem the loyalty points or loyalty benefits earned by or awarded to the Cardholder for goods and/or services by presenting the Funkey! Card at any of the Participating Merchants or Funkey! Redemption Counter. The number of loyalty points required for redemption will be deducted from the Cardholder’s Funkey! Card and the transaction will be reflected on the transaction receipt. |
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| 7.3 |
The Cardholder agrees that:
(a) Loyalty points and loyalty benefits are not exchangeable or redeemable for cash;
(b) redeemable goods and/or services are only available while stocks last on a first-come, first-served basis;
(c) where any redeemable goods or service is no longer available, NTUC CLUB shall have the right to withdraw or replace such goods or service with a different good or service; and
(d) Loyalty points and loyalty benefits cannot be combined from different Funkey! Cards to redeem goods and/or services. |
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| 8 |
ADDITION AND WITHDRAWAL OF BENEFITS |
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| 8.1 |
NTUC CLUB may provide at its sole discretion, additional services, benefits or programmes (“Additional Benefits”) in connection with the use of the Funkey! Card. The Cardholder expressly acknowledges that NTUC CLUB is not obliged to provide such Additional Benefits and may withdraw or change such Additional Benefits at any time without prior notice. The Additional Benefits are subject to their own terms and conditions. |
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| 8.2 |
NTUC CLUB reserves the right to withdraw any benefit attached to the issue and/or use of the Funkey! Card at any time without notice to the Cardholder. |
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| 9 |
REFUNDS |
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| 9.1 |
Subject to clause 9.2 below, Cardholders shall present their Funkey! Cards at designated Funkey! Counter to obtain a Refund of the Stored Value. The Stored Value will be refunded free of interest. All Funkey! Cards shall be surrendered to and be retained by NTUC CLUB upon such Refund. |
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| 9.2 |
All claims for Refunds must be made within six (6) months after the expiry date of the Funkey! Card (“Refund Claim Period”). If no claim is made within the Refund Claim Period, the Cardholder shall cease to be entitled to the Stored Value as at the date of the expiry of the Refund Claim Period and NTUC CLUB shall not be liable to refund the said Stored Value to the Cardholder. |
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| 9.3 |
The Cardholder shall, upon receipt of a Refund, be deemed to have accepted the amount refunded as correct, and shall discharge NTUC CLUB from any liability to the Cardholder, including without limitation, any liability for any shortfall or error in the amount refunded. |
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| 9.4 |
NTUC CLUB shall not be liable to effect a Refund if the Funkey! Card has become damaged or defective. |
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| 10 |
CARE OF FUNKEY! CARD |
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| 10.1 |
The Cardholder shall:
(a) comply with all notices, guidelines, rules, instructions and policies concerning the use of the Funkey! Card issued by NTUC CLUB from time to time;;
(b) not tamper or allow anyone to tamper with the Funkey! Card;
(c) not use the Funkey! Card for any unlawful purpose or unauthorized manner;
(d) not deface or damage the Funkey! Card;
(e) take proper care of the Funkey! Card to avoid damage; and
(f) not affix, print or attach anything onto the Funkey! Card. |
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| 10.2 |
The Cardholder shall examine the Funkey! Card and/or any change tendered upon the purchase of the Funkey! Card before leaving the Funkey! Counter or Funkey! Kiosk. NTUC CLUB shall not be liable for any error or omission not drawn to its attention at the time of issue or crediting value of the Funkey! Card. |
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| 10.3 |
Cardholders shall be responsible for safeguarding their Funkey! Cards against loss, damage or theft, and ensuring that their Funkey! Cards are not used by any person without the Cardholder’s permission. A Cardholder shall be responsible for all activities and transactions carried out through the use of his Funkey! Card. All deductions recorded by the Funkey! Card system against the Funkey! Card through the use of the Funkey! Card by any person being in possession of the Funkey! Card shall be deemed to have been properly deducted. NTUC CLUB and/or the Participating Merchants shall not be responsible for any loss or damage incurred due to the loss of a Funkey! Card and have no obligation whatsoever to prevent the use of a lost Funkey! Card by a person other than the Cardholder. |
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| 10.4 |
If the Cardholder loses his Funkey! Card, the Stored Value and loyalty points and loyalty benefits being accumulated in the lost Funkey! Card shall be deemed to be nil and the Cardholder shall not be entitled to any replacement or Refund |
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| 11 |
DAMAGED FUNKEY! CARDS |
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| 11.1 |
Cardholders may obtain a replacement for their damaged Funkey! Cards by presenting them at designated Funkey! Counters. The damaged Funkey! Card shall be surrendered to and retained by NTUC CLUB upon such request for replacement. |
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| 11.2 |
In the event that the Stored Value on the damaged Funkey! Card cannot be detected by the Funkey! Card system, the Stored Value shall be deemed to be nil and Cardholder shall not be entitled to any Refund. |
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| 12 |
EXCLUSION OF LIABILITY |
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| 12.1 |
NTUC CLUB and their respective officers, agents, employees and contractors shall not be liable in any way to the Cardholder for any claims, liabilities, expenses, costs, loss or damage of whatever nature brought against, suffered or incurred by or caused to the Cardholder due to or arising out of or in connection with:
(a) the use or issue of Funkey! Cards; or
(b) any delay in the use, issue or refund of the Funkey! Card; or
(c) any disruption, defect or breakdown in or failure of any terminal used to process Funkey! Card transactions; or
(d) the Funkey! Card being rejected or retained by the Funkey! Card system for whatever reason; or
(e) any inability to retrieve any data or information on the Funkey! Card; or
(f) any inability to use the Funkey! Card for any reason whatsoever, including the unavailability or malfunction of the Funkey! Card system (including Funkey! Kiosk) or damage to the Funkey! Card; or
(g) any delay or inability to perform any of its obligations due directly or indirectly to the defect, failure or damage of any machine or communication system, industrial dispute, war, Act of God, or anything outside the control of NTUC CLUB or of their respective servants and/or agents.
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| 12.2 |
The Cardholder expressly acknowledges that NTUC CLUB is not involved in the provision of the goods and/or services offered by any Participating Merchant. NTUC CLUB and their respective officers, agents and employees, shall not be liable in any way for the participating goods and/or services sold, rendered, or provided by the Participating Merchants (including without limitation any defect, disruption, failure or unavailability of or relating to any of such participating goods and/or services, all of which shall be the sole responsibility of the Participating Merchants. |
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| 12.3 |
Damaged Funkey! Cards may not be accepted in the terminals used by the Participating Merchants. NTUC CLUB shall not be liable for any loss, delay or inconvenience that may be incurred if the Funkey! Card is not accepted in such terminals. |
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| 12.4 |
NTUC CLUB’s total liability to the Cardholder under these Terms and Conditions and at law shall not exceed the Stored Value of such Cardholder’s Funkey! Card as of the date the Cardholder’s claim arises. |
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| 13 |
WITHDRAWAL OF CARDS / AMENDMENT OF TERMS AND CONDITIONS |
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| 13.1 |
NTUC CLUB reserves the right to withdraw the use of the Funkey! Cards by giving to the Cardholder two (2) months prior notice in writing. Notice may be given by post to the Cardholder’s last-known address or posted on the Funkey! website. |
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| 13.2 |
The Cardholder shall obtain a Refund of the Stored Value before the effective date of termination of the use of the Funkey! Card, failing which, the Cardholder shall cease to have any claims to the Stored Value, and the unclaimed Stored Value shall be forfeited. For the avoidance of doubt, where the use of the Card is terminated, the Refund Claim Period referred to in Clause 9.2 does not apply. |
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| 14 |
NO WAIVER |
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No failure or delay on the part of NTUC CLUB and their respective officers, agents, employees or contractors, in exercising any power, right or remedy under these Terms and Conditions shall operate as a waiver of such power, right or remedy. |
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| 15 |
THIRD PARTY RIGHTS |
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A person or entity who is not a party to these Terms and Conditions shall have no right to enforce or have the benefit of any provision of these Terms and Conditions under the Contracts (Rights of Third Parties) Act, Cap.53B of the Statutes of the Republic of Singapore or any statutory modification or re-enactment thereof for the time being. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of ownership of the Funkey! Cards and the rights under these Terms and Conditions as such assignee or transferee. |
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| 16 |
FORCE MAJEURE |
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NTUC CLUB shall not be liable for any failure, delay or omission to carry out its obligations under these Terms and Conditions, if such failure, delay or omission arises from a cause of force majeure, such as acts of God, fire, earthquakes and other natural disasters, judgements, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact, power failure, acts or defaults of any telecommunications network operator; circumstances where communication lines and/or computer systems of NTUC CLUB and/or the Participating Merchants cannot be used for reasons attributable to third party telecommunications carriers. |
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| 17 |
INDEMNITY |
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The Cardholder hereby undertakes and agrees to indemnify NTUC CLUB against all actions, proceedings, claims, liabilities, penalties, demands, costs loss or damage of whatever nature (including legal costs on a full indemnity basis incurred by NTUC CLUB) arising out of or in connection with any breach or non-compliance by the Cardholder of the Terms and Conditions herein. |
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| 18 |
GOVERNING LAW |
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These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Singapore, and each party mentioned herein hereby submits to the non-exclusive jurisdiction of the Singapore courts. |
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