Cards terms and conditions

1. Introduction

1.1. These Terms and Conditions (the “Terms”) are a contract between Chocolate Technologies Pte. Ltd. UEN: 202010925W, (“Company”, “we”, “us” or “our” as the context requires); and the customers (“User”, “you” or “your” as the context requires) of the Chocolate Managed Account managed by Chocfin Pte Ltd (“Manager”) through their mobile application offered and operated under the brand ‘Chocolate’ (the “Chocolate App”) or co-branded debit card with VISA network (“Card Network”) denominated in XSGD (the “Chocolate Card”) (each a “Party”, collectively the “Parties”).

1.2. Please read this document carefully. These terms and conditions constitute a legally binding agreement (“Terms”) between you and us governing the possession and use of the Chocolate Card. By requesting, accessing or using the Chocolate Card, you accept to be bound by these Terms in their entirety.

1.3. The Chocolate Card is issued by Xfers Pte. Ltd (“Xfers"). The Chocolate Card and transaction processing and its services are delivered through the Xfers “Live” Platform. Xfers is referred to in these Terms as “Issuer.”

1.4. Where used in these Terms “You/you” or “Your/your” will refer to the registered holder of the Chocolate Managed Account and Chocolate Card.

1.5. The operation of these Terms will commence on the date you request a Chocolate Card (“the Commencement Date”) and will terminate on the Chocolate Card expiry date, unless terminated earlier in accordance with Clause 7 (Lost or Stolen Cards). It will remain at all times subject to all relevant Singapore or foreign laws, regulations or other rules in force at the applicable time (“Applicable Laws”).

1.6. In addition to complying with these Terms, it is a condition of your participation in this programme that you comply with all directions and operating rules, policies and procedures that we communicate to you or which may be published by us from time to time in respect of the Chocolate Managed Account (collectively “Policies”).;

2. The Chocolate card

2.1. Card Issuance. Provided you have sufficient funds in your Chocolate Managed Account, you may request a physical or virtual Chocolate Card. Upon approval of your request, the Issuer will issue a Chocolate Card. The Chocolate Card is linked to your Chocolate Managed Account where the funds from your Chocolate Managed Account can be spent using the Chocolate Card, are held.

2.2. Card Activation. In order for you to start using the Chocolate Card, you must follow our instructions for activating the Chocolate Card.

2.3. Card Ownership. You acknowledge that the Chocolate Card is and remains at all times the property of the Issuer and confirm that you shall:

• 2.3.1. exercise all due care and diligence in the custody, care and use of the Chocolate Card;
• 2.3.2. not tamper, or allow anyone to tamper, with the Chocolate Card;
• 2.3.3. not permit the Chocolate Card to be used in any unauthorised manner;
• 2.3.4. not intentionally deface or damage the Chocolate Card; and
• 2.3.5. not affix, print or attach anything or matter onto the Chocolate Card or otherwise alter, remove or replace any notice, logo or design on the Chocolate Card.

2.4. Card Data. You shall keep the card number (PAN), expiration date, and security code of your Chocolate Card (“Card Data”) strictly confidential. You must not share the Card Data with any third-party.. When sharing Card Data with merchants, you will take all precautions to ensure the security and continued confidentiality of the Card Data. For the avoidance of doubt, providing Card Data in clear text over email or other unencrypted or otherwise unprotected media is not considered to be secure. Neither we, the Issuer, Chocolate, nor their affiliates shall under any circumstances be liable to you for unauthorised transactions caused by your failure to keep the Card Data secure.

2.5. Card denomination. The Chocolate Card is denominated in XSGD, a stablecoin pegged to the Singapore Dollar, offered by StraitsX (Xfers Pte. Ltd.). All transactions are effected and denominated in XSGD. Any equivalence of SGD and XSGD within the Chocolate App is for illustrative purposes only.

2.6. Card Limits. The maximum amount you can spend on your Chocolate Card is S$5,000 per transaction and S$20,000 per day. These limits may be changed by us or the Issuer from time to time. Neither we, the Issuer, nor our respective affiliates shall under any circumstances be liable to you for losses caused by your failure to adhere to appropriate limits.

2.7. Card Restrictions. The Chocolate Card imposes restrictions on the number of transactions and / or the transactional amount and / or transactions with certain merchants primarily for security and legal compliance purposes. This includes blocking purchases from merchants such as money transfer services, adult content providers, audiotext and videotext merchants, digital content sellers, art dealers, and galleries. Additionally, transactions related to financial institutions, non-fiat currency, government-owned lotteries, online casinos, horse/dog racing, betting, charitable organisations, political groups, religious organisations, bail, and bond payments are restricted. Cardholders can report misclassified merchants for review. Contact support@chocolatefinance.com if you encounter any inaccuracies.

3. Spending

3.1. By using the Chocolate Card for payment, you acknowledge and in turn authorise us to place a redemption order from your Chocolate Managed Account on your behalf. This redemption will be denominated in XSGD and, where applicable, may be supported by the Chocolate Top up and Liquidity Programme.

3.2. You agree and authorise that any such redemption proceeds would be applied for the settlement of any obligation that we have in relation to the use of the Chocolate Card.

3.3. You agree and acknowledge that the usage of the Card and the processing of the Chocolate Card transactions may affect your Chocolate Managed Account’s balance in the following ways:

• 3.3.1. cancellation by the Issuer, at its sole and absolute discretion, of any authorisation holds applied in accordance with transactions processed from the Card Network; and/or
• 3.3.2. disputes with merchants resolved in your favour.
• 3.3.3. any debit transaction received from the Card Network. This may include the need to decrease the balance of your Chocolate Managed Account for an amount larger than the original debit transaction to account for any foreign exchange or customary industry type related variances or fees that may be applicable to such transactions; and/or
• 3.3.4. regulatory or risk management actions taken by us, at our sole and absolute discretion, in order to comply with Applicable Laws or regulations or to ensure the safety of your funds.

3.4. The Chocolate Card does not hold any balance at any time.

3.5. The Chocolate Card does not provide access to cash withdrawal in any form. It cannot be used at ATMs or for cash back transactions at merchants. The Chocolate Card is a Visa debit card and not a credit card.

3.6. The regular usage of Chocolate Cards for the purpose of qualifying for or redemption of other merchant’s/financial institution’s promotions is strictly prohibited. Such activities may result in the termination of the Chocolate Card.

3.7. We reserve all rights for the determination and decision of such cases.

4. Fees and charges

4.1. Fees. You agree to pay all fees imposed by us or the Issuer or Card Network for the use of the Chocolate Card and its related services, transactions, or features (“Fees”). Fees paid in advance are not refundable under any circumstances.

4.2. Fee Changes. We may vary Fees from time to time. We shall use commercially reasonable efforts to give prior notice of any changes in the Fees by posting on the Site, save that no advance notice will be given with respect to temporary promotions where any Fees are reduced or waived temporarily.

4.3. Foreign transactions. If a transaction is executed in a currency other than Singapore Dollars, it will be converted into Singapore Dollars prior to being debited at the exchange rate chosen from the range of rates available in wholesale currency markets on the settlement date, which may vary from the rate the Issuer itself receives, or the government-mandated rate in effect for the applicable central processing date.

4.4. The continued use of the Chocolate Card, shall be taken as acceptance by you of the terms, benefits, and Fees.

5. Information and records

5.1. Know Your Customer. You agree that we, the Issuer and Chocolate shall be entitled to undertake such identity, credit and anti-money laundering/counter terrorist financing, “know your customer”, transaction monitoring or other similar checks on you at any time we deem necessary, whether directly or through third parties (such as MyInfo, Singpass, Fraudio or Seon). You shall do all things necessary, including supplying such information, documentation and other evidence as we or the Issuer may request (“KYC Documents”), to enable us or the Issuer to perform such checks or to comply with our or the Issuer’s compliance policies or applicable law.

5.2. In order for us to provide us a more streamlined service, you authorise us to request your relevant personal information and documents from the Manager of the Chocolate Managed Account and for the Manager of the Chocolate Managed Account to disclose your relevant personal information and documents to us.

5.3. As part of complying with legal and regulatory obligations, we may be required, from time to time, to request for additional information pertaining to yourself, your source of funds/wealth or a particular transaction made using the Chocolate Card. You agree to provide this information in a timely manner upon request

5.4. We will keep and maintain such accounts and records as we consider necessary in relation to the Chocolate Cards for 5 years. You acknowledge and agree that our records, whether stored in printed or electronic form, shall be binding on you for all purposes whatsoever and shall be conclusive evidence of the contents thereof (including of notices, communications, transactions, instructions, messages or operations made, performed, processed or effected through or in connection with the Chocolate Card) and/or your liability to us, save for manifest error on the face of the record. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records and hereby waive any of your rights (if any) to so object.

5.5. By accepting, or by accessing or using the Chocolate Card, You hereby consent to us collecting, processing and disclosing your Personal Data (as defined in the Privacy Policy) to the Issuer, the Manager of the Chocolate Managed Account and its related corporations (collectively with us, the “Data Recipients”) and to the Data Recipients collecting, using, processing, disclosing and storing such Personal Data for all the purposes specified in the Privacy Policy. Where you disclose Personal Data to any of the Data Recipients, you agree and undertake to the Data Recipients that all necessary consents from the relevant individuals to whom the Personal Data relates will have been obtained, for the disclosure of such individual's Personal Data to the Data Recipients, for the Data Recipients’ collection, use and/or disclosure for the purposes specified in the Privacy Policy, and that such consents have not been withdrawn. You further agree and confirm that the individuals to whom such Personal Data relate have read and consented to our Privacy Policy. The Data Recipients may also disclose information that is not personally identifiable for other purposes.

6. Security codes

6.1. Upon activation of the physical Chocolate Card, you will be prompted to set a six-digit unique personal identification number (“PIN”) for chip and PIN enable transactions. It is your responsibility to safeguard this PIN and keep it confidential. You shall be solely and fully liable for any disclosure or unauthorised use thereof.

6.2. You agree that internet transmissions are never completely private or secure, and you accept the risk that data on the Chocolate Managed Account and/or the Chocolate Cards (including the passwords, content and Personal Data) may be mistakenly released, lost, hacked, intercepted or accessed by unauthorised users.

7. Lost or stolen cards

7.1. If you suspect that the security of your physical or virtual Chocolate Card has been compromised or is lost/stolen, you must immediately freeze the Chocolate Card using the Chocolate App and promptly report the security breach to us. You are required to provide us with all necessary information and assistance for our investigations into the breach or compromise.

7.2. You will not be liable for any unauthorised transactions carried out on a physical Chocolate Card after we have been promptly notified of the loss/theft of such Chocolate Card and after you have blocked the use of the Chocolate Card via the Chocolate App. However, you will be liable for all transactions carried out before we are notified of such loss/theft and before you freeze the use of the Chocolate Card via the Chocolate App, even if such transactions were carried out without your authorisation.

7.3. Replacement of lost or stolen physical Chocolate Cards may be subject to the payment of applicable Fees.

8. Suspension and termination

8.1. Termination by us. We and the Issuer each reserve the right at any time in its sole and absolute discretion to restrict, suspend and/or terminate your access to and use of your Chocolate Card for any reason including but not limited to:

• 8.1.1. your breach of any of these Terms;
• 8.1.2. your violation or suspected violation of any Applicable Laws or regulations;
• 8.1.3. where we suspect you have engaged in fraudulent or illegal activity or unethical conduct or practices, or if there arise other issues which we consider, in our sole discretion, to be disruptive to our business and reputation;
• 8.1.4. where your Chocolate Card has been deemed inactive (e.g., no spending or refund transactions) for a period of twelve (12) consecutive months or more;
• 8.1.5. your infringement of any third party's rights or interests; or
• 8.1.6. your violation of an order (by a competent authority or any court of law) at any time upon notice and payment to you of any unrestricted funds held in your Chocolate Managed Account.

8.2. If we terminate or suspend access to your Chocolate Card, we will endeavour to provide you with prior notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. You acknowledge that our decision to take certain actions, including termination, limiting access to your Chocolate Card, and placing holds on your Chocolate Managed Account, may be based on confidential criteria that are essential to our management of risk, the security of all our customers and the offering of Chocolate Card . You agree that we are under no obligation to disclose the details of our risk management or security procedures to you.

8.3. Termination by you. You may terminate your Chocolate Card via the Chocolate app or by giving us notice thereof in writing sent via email to support@chocolatefinance.com and completing the relevant form prescribed by us for termination. Upon successful termination of your Chocolate Card , you must (where possible) cut the relevant Chocolate Card in half through the chip and magnetic stripe and cease all usage of it. For the avoidance of doubt, only you (and not the Issuer ) may terminate the Chocolate Managed Account or redeem any part of it.

8.4. Cessation of the Cards Services. In the event that the Chocolate Card e administered by us, made specifically available for the customers of theChocolate Managed Account, is to be terminated, we will provide you with thirty (30) days’ advance written notice thereof.

8.5. Cessation of Chocolate Managed Account. You acknowledge and understand that the expiry, suspension or termination of your Chocolate Managed Account will correspondingly and automatically result in the expiry, suspension or termination of your Chocolate Cards. and

9. Consequences of suspension or termination

9.1. Upon suspension or termination by us of your access to or use of the Chocolate Card for whatever reason, all rights granted to you hereunder by us shall immediately cease or terminate; and you must immediately stop using the Chocolate Card.

10. Account disputes

10.1. It is your responsibility to regularly review, reconcile and verify the correctness of the transaction history and details (“Transaction History”) on your Chocolate Card and to promptly report to us any discrepancy, errors, omissions or unauthorised transactions in relation thereto. Without prejudice to Clause 6 (Security Codes), activities listed in the Transaction History are presumed true and correct unless you notify us in writing of any disputes thereon within three (3) months from the time of the transaction.

10.2. Disputes relating to errors:

• 10.2.1. If you believe an accounting error has occurred with regard to your Chocolate Card, you must notify us immediately. We may not be in a position to investigate and address errors that took place more than three (3) months prior to the date you report such an error to us.
• 10.2.2. Upon internal investigation, if we assess that no error took place, or that the error is not due to our fault, we will provide a written explanation to you and, to the extent we have issued to you a provisional credit, we will deduct such amount from your Chocolate Managed Account.

10.3. Disputes regarding non-delivery or unauthorised transactions:

• 10.3.1. If you are entitled to a refund from a merchant for any reason in relation to the goods or services purchased with your Chocolate Card, you agree to accept credit to your Chocolate Managed Account, subject to the refund policy of the applicable merchant. You acknowledge that we are not a party to the sales transaction between you and the merchant, and that we have no control over the delivery, quality, safety, legality or any other aspect of goods or services that you purchase from third parties with a Chocolate Card.
• 10.3.2. We may, in our sole and absolute discretion, file a formal dispute with such third party on your behalf over a transaction for which you believe you are entitled for a refund, or is otherwise unauthorised, provided that you duly comply with our requests for information and make available to us all relevant documentation.

10.4. All assessment and decisions made by us at our sole discretion, pursuant to any circumstances under this section, are final and binding on you.

11. Instructions

11.1. All information, instructions, communications, orders or messages (including those relating to payments, transfers or other transactions) referable to your passwords (“Instructions”), shall be deemed to be transmitted or validly issued by you. Neither us nor our third party service providers shall be under no obligation to verify the authenticity or accuracy thereof, but we will be entitled to act upon, rely on and/or hold you solely responsible and liable for the same.

11.2. All Instructions are irrevocable and unconditional upon transmission through the Chocolate App or Chocolate Card. We are entitled (but not obliged) to process such Instructions without any further consent from or notice to you.

11.3. You acknowledge and agree that we may at any time:

• 11.3.1. at our discretion and without stating reasons, require that you identify yourself by alternative means, or require that your Instructions be confirmed through alternative means; and
• 11.3.2. decline to act on any Instructions without prior notice to you or giving any reason therefor, and without liability to you, including:

1. 11.3.2.1. to verify the authenticity thereof;
2. 11.3.2.2. where the Instructions are ambiguous, incomplete or inconsistent with your other instructions, information and/or data;
3. 11.3.2.3. where any Instruction would cause you to exceed applicable limits; or
4. 11.3.2.4. where we did not receive authorisations from relevant banks or financial institutions in the form required by us.

12. Dispute resolution

12.1. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than SGD10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through mediation or, in the event that mediation is unsuccessful, binding non-appearance-based documents-only arbitration. If a party elects for mediation, that party will initiate such mediation through the Small Case Commercial Mediation Scheme at the Singapore Mediation Centre. In the event that mediation is unsuccessful, the party that initiated the mediation will initiate such arbitration through the Singapore International Arbitration Centre, Law Society Arbitration Scheme in the Law Society of Singapore, subject to these rules:

• 12.1.1. the arbitration shall be conducted as a documents-only arbitration, without any appearances and/or hearings, unless otherwise mutually agreed by the parties; and
• 12.1.2. any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

12.2. Any claim you may have against us must be resolved by a court located in Singapore. You irrevocably agree to submit to the exclusive jurisdiction of the courts of Singapore for the purpose of litigating all such claims or disputes. These Terms shall be subject to, governed by and construed in accordance with the laws of Singapore.

12.3. All claims brought against us must be resolved in accordance with these Terms and claims filed or brought contrary to them shall be considered improperly filed and a breach of the Terms. Should you file a claim contrary to this clause, we may recover all reasonable attorneys’ fees and costs incurred as a result of the improperly filed claim, provided that we have notified you in writing of such improperly filed claim, and you have failed to promptly withdraw the claim.

12.4. If you have a dispute with one or more merchants participating in the Card Network, you shall release us and our affiliates, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

13. Indemnity

13.1. You shall fully defend, indemnify and hold us, the Issuer, Manager, and each of their respective affiliates, officers, directors, employees, partners and agents (“Indemnitees” ) harmless from and against any and all damages, awards, expenses, losses, claims, actions, liabilities, penalties, costs and/or demands (including statutory liability and liability to third parties, economic loss, accounting fees, and court and legal costs assessed on a solicitor-client basis), suffered or incurred by any of the Indemnitees arising whether directly or indirectly from your’:

• 13.1.1. act, omission, negligence, wilful default, mistake, misconduct, dishonesty or fraud (including any theft or loss of your Chocolate Cards, or any fraud or misuse in relation thereto);
• 13.1.2. breach of these Terms;
• 13.1.3. breach of any Applicable Laws, or any contractual or fiduciary obligations;
• 13.1.4. access and use of the Chocolate Cards (or any access and use referable to your Security Codes);
• 13.1.5. Instructions, and/or our acting in good faith and taking or refusing to take action based thereon; and
• 13.1.6. violation of any rights of any person or entity.

13.2. All Instructions are irrevocable and unconditional upon transmission through the Chocolate Card. We are entitled (but not obliged) to effect or process such Instructions without any further consent from or reference or notice to you.

13.3. You acknowledge and agree that:

• 13.3.1. we may at any time at our discretion and without stating reasons, require that you identify yourself by alternative means, or require that your Instructions be confirmed through alternative means; and
• 13.3.2. we may at any time decline to act on any Instructions at any time without prior notice to you or giving any reason therefor, and without liability to you, including (i) to verify the authenticity thereof; (ii) where the Instructions are ambiguous, incomplete or inconsistent with your other instructions, information and/or data (iii) where any Instruction would cause you to exceed applicable limits; or (iv) where we did not receive authorisations from relevant bank s or financial institutions in the form required by us.

14. Limitation of liability

14.1. No warranty. The Chocolate Card and its related services are provided to you “as is” and “as available”, without warranty of any kind, whether express or implied (including any implied warranty of merchantability or satisfactory quality, fitness for a particular purpose, compliance with any description, non-infringement, or any implied warranty arising from course of performance, course of dealing, usage of trade or otherwise, all of which are expressly disclaimed). Without limiting the foregoing, we do not warrant:

• 14.1.1. that the Chocolate Cards and its related services will be error-free, virus-free or free from other invasive or damaging code, or that defects therein will be corrected;
• 14.1.2. that the operation of the Chocolate Card and its related services (any information transmitted by you thereby) will be uninterrupted, continuous, or secure;
• 14.1.3. that the installation or use of the Chocolate App on any device will not affect the functionality or performance thereof;
• 14.1.4. that the content or information we provide in the Chocolate Card or its related services will be correct, accurate, complete or reliable; and/or
• 14.1.5. that the use of the Chocolate Card and its related service will not give rise to any liability at law or under contract.

14.2. Our Liability. We shall not be liable for any damages or loss in connection with or arising from your use of or inability to use the Cards Services including:

• 14.2.1. any error, omission, defect, deficiency or nonconformity of the Transaction History;
• 14.2.2. failed, missed or fraudulent transactions, payment transmission errors, or any other issues related to payment or the processing of Card payments;
• 14.2.3. Our failure to convey any notice, instructions or communications to the Issuer or other third parties on your behalf, accurately, in a timely manner or at all;
• 14.2.4. unauthorised access to, disclosure of, wrongful or fraudulent use of your Chocolate Managed Account, Chocolate Card, Personal Data and/or password;
• 14.2.5. unauthorised access to and/or use of the Chocolate Card; and/or
• 14.2.6. any error, negligence, wilful default, misconduct, fraud, act, omission, breach or failure of, or contravention of Applicable Laws by, any other party (including you, your Cardholder/s, other users and the Issuer).

14.3. In the event that we are liable for damages despite the foregoing provisions, you agree that:

• 14.3.1. no action, whatever its form, may be brought by you more than two (2) months after the date of the first event giving rise to your claim, and
• 14.3.2. that our maximum aggregate liability to you under any and all causes of action (including contract and tort), shall not exceed the total amount of Fees paid by you to us during the two (2) month period immediately preceding the date of the first event giving rise to your claim.

14.4. Issuer’s Liability. The total liability of the Issuer and its officers, directors, employees, partners and agents, whether in contract, tort (including negligence) or otherwise and whether in connection with the Terms or any collateral agreement shall be limited to SGD5,000 ("Liability Limit"). For the avoidance of doubt, any fund in your Chocolate Managed Account shall not be included in determining whether the Liability Limit has been exceeded under this clause.

14.5. Liability for Indirect Damages. To the fullest extent permissible under law, neither the Company nor the Issuer shall not be liable and hereby disclaim any and all liability to you and/or any third party for any and all indirect, incidental, special, punitive, consequential and/or exemplary losses or damages (including damages for loss of business, revenue, profits, use of data, anticipated savings or other economic benefits), which may be suffered by you (or any person claiming under or through you) in connection with or however arising from your access and/or usage of the Chocolate Cardand its related services, whether or not the same arises in contract, tort (including negligence) howsoever; whether or not such loss or damage is foreseeable; and/or whether or not we have received prior notification of the possibility thereof.

14.6. You agree that the exclusions and limitations of liability herein enable us to provide you with the use of the Chocolate Card and its related services at lower rates than we otherwise could, and that they are fair and reasonable. You agree that the entire risk arising out of your use of the Chocolate Card and its related services remains solely with you, to the maximum extent permitted under Applicable Law, and that if you are dissatisfied with any part or whole of the Chocolate Card and its related services , your sole remedy is to discontinue use thereof.

15. General

15.1. Severability. If any provision of these Terms is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

15.2. Assignment. Your rights and obligations under these Terms are personal to you and you shall not transfer, assign, novate or sub-contract them to any third party without our prior written consent. We reserve the right to transfer, assign, novate, sub-contract or otherwise deal with any of our rights or obligations under these Terms at any time, and you shall do all things necessary to facilitate such transfer, assignment, novation or dealing.

15.3. Waiver. Failure by us to enforce at any time any of the provisions in these Terms shall not be construed or deemed to be a waiver of our rights hereunder, nor in any way affect the validity of the whole or any part of these Terms or prejudice our right to take subsequent action.

15.4. Force Majeure. We shall not be liable for any failure or delay in the performance of our obligations or the operation of the Chocolate Card and its related services, or any unavailability thereof that is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control (“Force Majeure Event”) including:

• 15.4.1. Acts of God, nature, court or government;
• 15.4.2. failure or interruption in public or private telecommunication networks, communications channel s or information systems;
• 15.4.3. acts or omissions of acts of a party for whom we are not responsible;
• 15.4.4. delay, failure or interruption in, or unavailability of, third party services and sites;
• 15.4.5. strikes, lockouts, labour disputes, wars, terrorist acts and riots; and/or
• 15.4.6. viruses, other malicious computer codes or the hacking of the Issuer ‘Live Platform’ or Card Network system which may affect the functioning or availability of the Chocolate Card and its related services.

15.5. Third Party Rights. Save for the Indemnitees, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act, 2001 to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For clarity, no Cardholders under you as the Account Holder are parties to or beneficiaries of this Agreement.

15.6. Survival. All clauses of these Terms expressed to apply after their termination will survive and apply.

15.7. Amended Terms. We may revise these Terms at any time in the exercise of our sole discretion by posting the amended Terms on the Site or through any other means that we may elect. The revised Terms shall take effect from the time of such posting. Any use of the Chocolate Card and its related services thereafter by you shall constitute an acceptance of the revised Terms. If you do not agree with these Terms, you should immediately terminate your Chocolate Card and cease using the Chocolate Card and its related services.

15.8. Entire Agreement. These Terms together with the Policies, set forth the entire understanding between you and us with respect to the subject matter hereof. In the event of any conflict or inconsistency between these Terms and any other material, these Terms shall prevail.

16. Notices

16.1. Notices to you. You agree that notices to you shall be provided exclusively through push notifications, email, and WhatsApp. You agree that we may provide notices to you using any of the following methods, and such notice will be deemed received by you as specified below:

• 16.1.1. By push notification through the Chocolate App: within 24 hours from delivery if no notice of delivery failure is received.
• 16.1.2. By WhatsApp: Within 24 hours from delivery if no notice of delivery failure is received.
• 16.1.3. By email: Within 24 hours from delivery if no notice of delivery failure is received.

16.2. Notices to us. Unless otherwise stated in these Terms, you may provide notices to us using any of the following methods and by affixing the word “Notice” as the subject matter and such notice will be deemed received by us as specified below:

• 16.2.1. By telephone at +65 9111 6255: Immediately upon acknowledgment of receipt by us,
• 16.2.2. WhatsApp +65 9479 7979: Within 24 hours
• 16.2.3. By email to support@chocolatefinance.com: Within 72 hours; or
• 16.2.4. By mail addressed to our registered office: Within 5 working days.