Effective Date: 12 February, 2024

1. Use of Service

Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the TransferMole website located at www.transfermole.com, or any associated sites, APIs, and apps linked to www.transfermole.com. TransferMole is a technology service offered by Cheers Paytech Pte. Ltd. (Singapore) in collaboration with Verso Network AG (Switzerland). For the avoidance of doubt, TransferMole does not provide payments or financial services. It helps individuals and small businesses to connect to third-party service providers, including account creation and maintenance. It is clarified that these terms and conditions shall apply to all TransferMole services. Additional terms and conditions apply depending on the third-party services being utilized. By using our Service, or Services, you agree to the following terms. Before using our Services, please read the Terms of Service (the “Agreement”) carefully, along with any other policies or notices made available by TransferMole on www.transfermole.com. Our Services are diverse, therefore at times additional terms or product requirements may apply. Additional terms disclosure will be available with the relevant Services, and by using those Services, those additional terms become part of your agreement with TransferMole. Together, these materials contain terms, rules, and guidelines related to your use of the TransferMole Services. If you do not agree, you must not use our Services.

2. Acceptance: 

You must follow any policies made available to you with the use of our Services. By using our Services, you acknowledge and agree to be fully compliant with applicable laws and regulations.

By registering on, accessing, browsing, downloading, or using TransferMole for any general purpose or for the specific purpose of availing any TransferMole Service, you agree to be bound by the terms of this Agreement. These terms shall also include any additional or modified service-specific terms and conditions in relation to any TransferMole Service or any future service that may be offered by TransferMole.

If at any time you do not accept or agree with any of the terms of this Agreement or do not wish to be bound by this Agreement, you may not access, browse or use the TransferMole services and immediately terminate your availing of the TransferMole Services.

All services are rendered by Cheers Paytech Pte. Ltd. under the brand name “TransferMole” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under this Agreement shall, as the case may be, accrue to the benefit of, or incurred by, Cheers Paytech Pte. Ltd., regarding your use of the TransferMole Service(s).

The TransferMole Services shall be used by you subject to your adherence with the Agreement. As long as you accept and comply with this Agreement, TransferMole grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the TransferMole Services.

3. Eligibility: 

The TransferMole Services are not available to persons under the age of 18 or to anyone previously suspended or removed by TransferMole from availing the TransferMole Services or accessing any of its products.

By accepting the Agreement or by otherwise using the TransferMole Services, you represent that you are at least 18 years of age and have not been previously suspended or removed by TransferMole, or disqualified for any other reason, from availing the TransferMole Services or using any of its products.

In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms as part of this Agreement.

You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.

Finally, in the event of any violation of the terms, TransferMole reserves the right to suspend or permanently prevent you from availing the TransferMole Services or using any of its products.

4. Other Terms and Conditions: 

We do not allow misuse, unauthorised reselling, or abuse of our Services. By accepting the use of our Services, you agree to not interfere with our Service stipulations or access our Service using a method other than what is included in your relevant contract with us and outlined in the instructions agreed upon. You may use our Services only as permitted by the laws of the relevant jurisdictions, including applicable export and re-export control laws and regulations. We may suspend, revoke or terminate our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct or fraudulent activity.

Our Services may display proprietary content. With regards to this content, it is the sole responsibility of the entity that made the proprietary content available. Nonetheless, by using our Service, you agree to allow TransferMole, if deemed necessary, the right to review this content to determine whether it is illegal or violates our policies. TransferMole may remove or refuse to display content that we reasonably believe violates our policies or the law.

In connection with your use of our Services, you agree that we may send you service notifications, announcements, administrative messages, and other information pertaining to the use of our Services. After acceptance of these agreements, you may opt-out of some of these communications.

5. Limitation of Liability and Damages: 

In no event shall TransferMole, its contractors, agents, licensors, partners, employees, directors or suppliers be liable for any indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the TransferMole Services. These limitations and exclusions apply to the extent permissible by applicable laws.

6. Indemnification 

You agree to indemnify, save, and hold TransferMole, its affiliates, directors, officers, employees, agents, subcontractors or partners, harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use of TransferMole Services. TransferMole reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify TransferMole, including rights to settle, and you agree to cooperate with TransferMole’s defence and settlement of these claims. TransferMole will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.

7. Warranties and Disclaimers

We provide our Services using a commercially reasonable level of skill and care and operate within all applicable laws. However, TransferMole does not make specific promises about the use of our Services or the success of using our Services. The following statements apply:

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER TRANSFERMOLE NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR SERVICES “AS IS”.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE EXCLUDE ALL WARRANTIES.

8. Intellectual Property Ownership

TransferMole remains the owner of all intellectual property rights contained on our site and in our content provided through our Service. You may not use content from our Services unless written permissions are obtained from their rightful owners or are otherwise permitted by applicable laws. These terms do not grant the right to use any branding or logos associated with our Services without written expressed permission. You agree not to remove, obscure, or alter any legal notices displayed in or along with our Services, failure to comply will result in the revocation, suspension or termination of use of our Services and/or legal recourse.

We respond to notices of alleged copyright infringement and terminate accounts of repeat violators of copyright infringement.

If through the use of our services, you submit content, you will retain the ownership of any intellectual property rights that you hold in that content. TransferMole does not assume ownership of intellectual property that you provide in conjunction with using our Services.

9. Notices

Valid notice is to be served in writing to 160 Robinson Rd, #14-04, Singapore 068914.

10. No Waiver

The failure of TransferMole to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will only be effective if expressly written and signed by TransferMole.

11. Governing Law and Dispute Resolution

 This Agreement is governed by the laws of the Republic of Singapore. Any conflict arising from this Agreement should be resolved by negotiation in good faith. If, after 30 days, the conflict is unable to be resolved through negotiation, the dispute shall be referred to and finally resolved by arbitration. Arbitration shall take place in Singapore, in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators present shall be one. The language of arbitration shall be English.

12. Severability

If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required. The remaining provisions will remain valid and enforceable.

13. Termination 

You agree that TransferMole, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your use of the TransferMole’s Services. You agree that TransferMole shall not be liable to you or any third party for any termination or interruption. Upon termination, you agree to stop using the TransferMole Services.

14. Survival

Upon termination of the TransferMole Service, any terms in this Agreement, which by nature or express language should survive, will survive such termination.

15. Headings

The heading references herein are for convenience purposes only and they do not constitute part of the Terms of Use. They will not be deemed to limit of affect any of the provisions herein.

16. Entire Agreement

This Agreement is the entire agreement between you and TransferMole relating to the subject matter hereof. This Agreement will not be modified except by a change to this Agreement made by TransferMole in accordance with this Agreement.

17. Miscellaneous

We may modify these terms or any additional terms that apply to a Service to reflect changes to applicable laws or changes to our Services. TransferMole will not post notice of modifications to these terms on this page. Changes will not apply retrospectively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.

If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.

These terms control the relationship between TransferMole and you. They do not create any third party beneficiary rights.