MAIMAI© Terms of Service

Consumer advisory - The MAIMAI payment service is regarded as a stored value facility under Singapore law. MAIMAI PTE. LTD., the holder of the MAIMAI stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (Users) are advised to read these terms and conditions carefully.

This Terms of Service ("Agreement") is a contract between you and MAIMAI PTE. LTD. and applies to your use of MAIMAI Services. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use MAIMAI’s Services. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a MAIMAI user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other MAIMAI websites and Services will be governed by the terms and conditions posted on those websites.

We may amend this Agreement, the Privacy Policy and each of our policies at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version of this Agreement includes a Substantial Change, we will provide you with 14 calendar days' prior notice of any Substantial Change. All future changes set out in the revised Agreement already published at the time you register for the Services are incorporated by reference into this Agreement and will take effect as specified. If you do not agree to be bound by the revised terms and conditions, you should discontinue your use or access of our Services. By continuing to use the Services and/or any part thereof on each and every occasion, you agree to and/or are deemed to have agreed to the revised terms in relation to the Services and shall be bound by them absolutely as issued or adopted by us from time to time. As such, you should visit this page periodically.

This is an important document which you must consider carefully when choosing whether to use the MAIMAI Services. Please note the following risks of using the MAIMAI Services:

Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim, dispute or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.
You should be aware of the possibility of unauthorised transactions from your Account or receiving payments from unauthorised transactions from a third party's Account. You can help protect yourself from the risks of unauthorised transactions by safeguarding your passwords and API secret keys, and regularly checking your Account transaction history.
Dispute handling is subject to available evidence obtained from the application and additional evidence provided by users within the specified period of time. The rightful party will be determined and compensated only based on the aforementioned types of evidence. As such, you can protect yourself or further strengthen your claim by providing substantial information related to the external components of the transactions such as: pictures of received product, pictures of meet up venue, delivery number/receipt, other relevant documentation deemed necessary.
We may close, suspend, or limit your access to your Account or the MAIMAI Services, if you violate this Agreement, the Acceptable Use Policy, or any other agreement you enter into with MAIMAI.

You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the MAIMAI Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

1.0 Interpretation and Definitions

“Account” or “MAIMAI Account” means a Regular User Account having access to all features and Services, and includes any future types of Accounts we may introduce.
“Agreements” is a notable feature in MAIMAI that enables both buyers and sellers to have an overview of the important details pertaining to every transaction such as meeting place, meeting time, product defects and any other relevant information. This virtual agreement will substitute the conventional social contract that both buyers and sellers uphold while carrying out transactions. Moreover, each agreement proposed by the buyer and seller will be used as the point of evidence by MAIMAI administrators when dealing with disputes that have been raised by either party.
“API” means application programming interface.
"Communications" means any emails which MAIMAI may send to the primary email address that you have provided to MAIMAI when you opened your MAIMAI account, as well as any text messages or calls, including autodialled and pre-recorded messages from MAIMAI, which MAIMAI may from time to time send to the telephone number (including your mobile telephone number) that you have provided to MAIMAI.
“Compensation” refers to any form of monetary exchange between users mediated by MAIMAI due to a dispute. Monetary compensation will only take place when the transaction involves payment via MAIMAI’s payment services/options. There will be strictly no form of compensation for transactions that do not involve any monetary exchange through MAIMAI.
“Dispute” is an important feature in MAIMAI that allows users to raise a problem or issue pertaining to the process in which the transaction was carried out or the quality of the product. MAIMAI administrators will be carrying out investigation using regulated guidelines and provide a verdict which may follow up with actions that include: Closing of Account, Monetary Compensation, Change in Transaction Information. Disputes come in the following forms/scenarios that MAIMAI will be obligated to address:
Product Defect Dispute
Review/Rating Dispute
"Error" means a processing error made by MAIMAI in which your Account is mistakenly debited, credited or information edited.
“Evidence” refers to any relevant information in pictorial or documented form which will be used in the investigation of disputes raised by users involved in a transaction.
"Information" means any Account information that you (or other Users) provide to us, including but not limited to personal information, financial information, or other information related to you, your business, or other Users.
"Instruction" means an instruction for payment, providing of evidence or such other instructions in relation to the MAIMAI Services.
“Listing” refers to a product/service entity that consists of information, details, specifications related to the product/service. A listing can be either public or private.
"Policy" or "Policies" means any Policy or other agreement between you and MAIMAI that you entered into on the MAIMAI website, or in connection with your use of the MAIMAI Services.
“Post-Transaction” refers to the period or duration after users have completed the deal and reviewed each other. Disputes can be raised during this period of time.
“Pre-Transaction” refers to the period or duration prior to the completion of the deal. Disputes can be raised during this period of time.
"Restricted Activities" means those activities described in Clause 3.6 of this Agreement.
"Services" or "MAIMAI Services" means all our products and services and any other features, technologies and/or functionalities offered by us on our website(s) or through any other means.
"Substantial Change" means a change to the terms of this Agreement that significantly reduces your rights or significantly increases your responsibilities.
"Verified Account" means an Account status that reflects that MAIMAI has verified that an Account holder against his or her phone number. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.
"User" means any person or entity using the MAIMAI Services, including you.
"MAIMAI", "we", "us" or "our" means MAIMAI PTE. LTD., and where applicable, includes the subsidiaries and/or affiliates of MAIMAI PTE. LTD.

The headings in this Agreement are for convenience only and shall not affect the interpretation hereof.

2.0 Payment Services and Eligibility

2.1 Payment Services

MAIMAI provides payment services by creating, hosting, maintaining and providing our MAIMAI Services to you via the Internet. Our services allow you to send payments to anyone with a MAIMAI Account, and, where available, to receive payments. Our service availability varies by country. MAIMAI is not a not a bank or deposit-taking company, and MAIMAI does not maintain any bank account or any current, savings or deposit account for Users.

MAIMAI is not providing the function of a settlement institution but is merely providing a technology infrastructure support. All settlements are to be carried out by the Users’ Bank. MAIMAI is not a remittance business or a money transfer service and MAIMAI Services may not be used to remit funds to third parties. MAIMAI is not in the business of moneylending, nor is MAIMAI in the business of providing credit. MAIMAI is not a common carrier or public utility.

2.2 Eligibility

You must be able to form legally binding contracts under Singapore law. Without limiting the generality of the foregoing:
You must have a working Hand phone number for verification purposes.
For corporate bodies: You must have obtained the necessary corporate and/or regulatory approvals to use such Services.
You must not impose a surcharge or any other fee for accepting MAIMAI as a payment method. However, this does not prevent you from passing on the fees charged by MAIMAI for the Services to the User sending the payment. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-MAIMAI transactions.

2.3 Legal Relationship

In providing the Services, MAIMAI does not act as principal but acts as facilitator on behalf of the Users to carry out transactions or send payments to other Users via their MAIMAI Accounts. As such, each payment transaction is a contractual relationship directly between you and the other User.

We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. Accordingly, we are not liable to you with respect to such transactions or to the other User. However, transactions that involve unconventional or unacceptable forms of conduct can be raised as disputes and will be subject to investigation. Dispute handling process in clause ?? will provide greater detail in accordance.

2.4 Consumer Information

In order to open and maintain an Account, you must provide us with correct and updated Information.

2.4.1 Your personal information & contact details

It is your responsibility to keep your personal information, primary email address and telephone number (including mobile telephone number) up to date so that MAIMAI can communicate with you. You understand and agree that if MAIMAI sends you a Communication but you do not receive it because your primary email address or telephone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Communications, MAIMAI will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add MAIMAI to your email address book so that you will be able to receive the Communications we send to you.

You can update your primary email address, telephone number, or residential/registered address at any time by logging into the MAIMAI website or by contacting contact@maitwo.com. If your contact information becomes invalid such that Communications sent to you by MAIMAI are returned, MAIMAI may deem your Account to be inactive, and you will not be able to transact any activity using your MAIMAI Account until we receive a valid, working primary email address and/or telephone number from you.

2.4.2 Identity verification

Registration process requires every user to input his/her valid and working Hand phone number for verification in addition to the basic contact details prompted by MAIMAI.

2.4.3 Sharing of personal information

In providing your information to MAIMAI, you authorise MAIMAI to share your information to such parties and for such purposes as indicated in MAIMAI’ Privacy Policy.

2.4.4 Restriction on use of other Users’ personal information

If you are a recipient of personal information of another MAIMAI user, you shall only use the information for the purpose of performing or enforcing any transactions between you and that MAIMAI user, and you shall not use, disclose or disseminate the information to other parties except in accordance with the law.

3.0 Creation or Generation of Listings

3.1 Full Definition

Listings allow you to post information, details and/or specifications of a product or service that you are attempting to sell. You are solely responsible for the information for inputting accurate information, including (but not limited to) describing or identifying the quality and condition of the product. MAIMAI will not be held responsible for misguided or inaccurate information displayed in listings. There are two types of listings namely: Public Listings and Private Listings. There are two methods to create listings and they include: Creating a Listing from Scratch and Generating a Listing from an external website, application or source through a unique URL (Unified Resource Language).

3.2 Public Listing

A public listing refers to a listing that contains information of a product/service that is made available for viewing to the public. MAIMAI is not responsible if you release a listing that is intended to be private, to be public. A Public Listing also contains a unique URL pertaining to the product and service and can be accessed via the Unique URL or by visiting your user profile.

3.3 Private Listing

A private listing refers to a listing that contains information of a product/service that is made available only to a specific group of people who have access to the unique URL that corresponds to this particular listing. MAIMAI is not responsible if you release a listing that is intended to be public, to be private. A Public Listing also contains a unique URL pertaining to the product and service and can be accessed via the Unique URL but not by visiting your user profile.

3.4 Creating a Listing

By listing an item on the Sites you warrant that you and all aspects of the item comply with MAIMAI's published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your MAIMAI profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.

3.4.1 Binding Sale

All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

3.4.2 Fee Avoidance

The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale, misrepresent the item's location and price or use another user's account without permission.

3.5 Generating a Listing

Generating a listing allows a user to import a screenshot image of the initial posting on an external source or website using the URL of the initial posting. MAIMAI is not responsible for any content on the external source that is depicted as available only within the external source. You are solely responsible for knowing the Terms of Service of the external source and to ensure that using this feature will not result in copyright infringement.

3.6 Restrictions on listings

You are solely responsible for your conduct and activities on and regarding to MAIMAI and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on MAIMAI.

Your Content and your use of MAIMAI shall not:

Be false, inaccurate or misleading;
Be fraudulent or involve the sale of illegal, counterfeit or stolen items;
Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
Contain items that have been identified by the Singapore Consumer Product Safety Regulations and/or U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including MAIMAI staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
Be obscene or contain child pornography;
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Host images not part of a listing;
Take any actions that may undermine or discredit the MAIMAI feedback and ratings systems;
Attempt to decompile, reverse engineer, disassemble or hack the Services or Sites (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by MAIMAI with respect to the Services and/or data transmitted, processed or stored by MAIMAI;
Harvest or collect any information about or regarding other MAIMAI account holders, whether through automated means, such as harvesting bots, spiders, robots or scrapers (“Automated Data Collection”), or otherwise, including, without limitation, any personal data or information;
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
Modify, adapt or hack MAIMAI or modify another website so as to falsely imply that it is associated with MAIMAI;
Take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
Appear to create liability for MAIMAI or cause MAIMAI to lose (in whole or in part) the services of MAIMAI's ISPs or other suppliers;
Use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
Use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Depatment of Treasury’s Office of Foreign Assets Control, the United National Security Countil, the European Union or Her Majesty’s Treasury;
Use the Services to violate the privacy of others or to “stalk” or otherwise harass another;
Use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on MAIMAI.

Furthermore, you may not list any item on MAIMAI (or consummate any transaction that was initiated using MAIMAI's service) that could cause MAIMAI to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.

3.7 Content

3.7.1 License

MAIMAI does not claim ownership rights in your Content. You grant MAIMAI a license solely to enable MAIMAI to use any information or Content you supply MAIMAI with, so that MAIMAI is not violating any rights you might have in that Content. You grant MAIMAI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow MAIMAI to store or re-format your Content on MAIMAI and display your Content on MAIMAI in any way as MAIMAI chooses. MAIMAI will only use personal information in accordance with MAIMAI's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address, mobile phone number, and address information, from another MAIMAI user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for MAIMAI-related Communications. MAIMAI has not granted you a license to use the information for unsolicited commercial messages, or to disseminate such information on any public platform, including MAIMAI. Without limiting the foregoing, without express consent from the user, you are not licensed to add any MAIMAI user to your email or physical mail list. For more information, see MAIMAI's Privacy Policy.

3.7.2 Re-Posting Content

By posting Content on MAIMAI, it is possible for an outside website or a third party to re-post that Content. You agree to hold MAIMAI harmless for any dispute concerning this use. If you choose to display your own MAIMAI-hosted image on another website, the image must provide a link back to its listing page on MAIMAI.

3.7.3 Idea Submissions

MAIMAI considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and MAIMAI shall not be liable for the disclosure or use of such Material. If, at MAIMAI's request, any member sends Material to improve the site (for example to customer support), MAIMAI will also consider that Material to be non-confidential and non-proprietary and MAIMAI will not be liable for use or disclosure of the Material. Any Communication by you to MAIMAI is subject to this Agreement. You hereby grant and agree to grant MAIMAI, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

3.8 Information Control3.8 Information Control

MAIMAI does not control the Content provided by users that is made available on MAIMAI and, as such, does not guarantee the accuracy, integrity or quality of such Content. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

You acknowledge that MAIMAI may or may not pre-screen Content, but that MAIMAI and its designess shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete or move any Content that is available on the Sites. Without limiting the foregoing, MAIMAI and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if twe receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a Communication (including, without limitation, feedback, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions.

You acknowledge, and consent to and agree that MAIMAI may access, preserve and disclose your account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over MAIMAI or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; © respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property or personal safety of MAIMAI, its users and/or the public.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using MAIMAI, you agree to accept such risks and that to the maximum extent permitted by applicable law, MAIMAI (and MAIMAI's officers, directors, agents, subsidiaries, joint ventures, creators and employees), under no circumstances, will be liable in any wayfor any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed transmitted or otherwise made available on the Sites, or any acts or omissions of users on MAIMAI. Please use caution, common sense, and practice safe buying and selling when using MAIMAI.

Other Resources: MAIMAI is not responsible for the availability of outside websites or resources linked to or referenced on the Site. MAIMAI does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that MAIMAI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

3.9 Meetings

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with MAIMAI's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. MAIMAI is not involved with user generated groups, the groups' requirements, or the Meetings.

MAIMAI does not supervise or control the Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that MAIMAI does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.

4.0 Chat Functionality

4.1 Regulations on use of Chat Functionality

MAIMAI Chat Service allows MAIMAI users to submit status text, profile photos and other Communications submitted by you. These aforementioned details may be hosted, shared, and/or published as part of the MAIMAI Chat Service, and may be visible to other users of the Service who have the access to the unique URL of the listing. For clarity, direct messages, location data and photos or files that you send directly to other MAIMAI users will only be viewable by those MAIMAI user(s) or group(s) you directly send such information, unless the user is blocked by you. You acknowledge and agree that any form of Communication may be globally viewed by users that have access to your listings, so don’t submit or post messages or profile photos that you don’t want to be seen globally. A good rule of thumb is if you don’t want the whole world to know something or see something, do not post it on the listing or user profile. As clarified in the following section, you retain your ownership rights in your Communication. You understand that whether or not such forms of Communication are published, MAIMAI does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own Communication and the consequences of posting or publishing them. Because MAIMAI is only acting as a repository of data, user submitted communication do not necessarily represent the views or opinions of MAIMAI, and MAIMAI makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Status Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize MAIMAI to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Communication to enable inclusion and use of the Communication in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Communication to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Communication in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Status Submissions, but you have to have the rights in the first place.

However, by submitting the Communication to MAIMAI, you hereby grant MAIMAI a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Communication in connection with the MAIMAI Service and MAIMAI's (and its successor's) business, including without limitation for promoting and redistributing part or all of the MAIMAI Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the MAIMAI Service a non-exclusive license to access your Communication through the Service. The foregoing license granted by you terminates once you remove or delete the Communication from the MAIMAI Service.

In connection with any form of Communication, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MAIMAI all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage MAIMAI or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks.

Adult content must be identified as such. MAIMAI does not endorse any Status Submission or any opinion, recommendation, or advice expressed therein, and MAIMAI expressly disclaims any and all liability in connection with Status Submissions. MAIMAI does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and MAIMAI will remove all content and Communication if properly notified that such content or Status Submission infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written Communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the MAIMAI user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support at contact@maitwo.com

MAIMAI reserves the right to remove content and Communication without prior notice. MAIMAI may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a Status Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized MAIMAI employees, agents, subagents, superagents or superheros. MAIMAI also reserves the right to decide whether content or a Communiation is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. MAIMAI may remove such Communication and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

You understand that when using the MAIMAI Service you will be exposed to Communication from a variety of sources, and that MAIMAI is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Submissions, and that such Communication are not the responsibility of MAIMAI. You further understand and acknowledge that you may be exposed to Communication that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MAIMAI with respect thereto, and agree to indemnify and hold MAIMAI, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the MAIMAI Service. MAIMAI permits you to link to materials on the Service for personal purposes only. MAIMAI reserves the right to discontinue any aspect of the MAIMAI Service at any time.

4.2 Chat Functionality as a medium of evidence gathering for Dispute Handling

Communication exchanged between users will be used as primary evidence in the case of dispute. As stated previously in clause 4.1, MAIMAI will be using the communication on the chat functionality to assess the validity of the dispute. MAIMAI has the right to reject disputes if the dispute description does not follow up with any attempt of cooperation on the chat functionality.

Note that all forms of Communication exchanged on the chat functionality will be accessed and viewed by MAIMAI in cases of disputes. You are solely responsible for ensuring that the information exchanged matches your case of dispute. You are to ensure that professional means of communication is maintained, by not attempting to use violent or obscene forms of communication with other parties as that will serve as a negative aspect during investigation by MAIMAI administrators. The depth and relevance of the information used from the chat functionality that contributes to the final verdict will only be released upon discretion of MAIMAI and in no accords amount to any form of priority. It will be conformed to a case by case basis.

5.0 Agreements

5.1 Agreement Structure and Purpose

You are solely responsible for accurately entering any Instruction into the Agreement functionality for each transaction, including (but not limited to) describing or identifying the receiving User and all the necessary information of the receiving User in order to enable us to carry out any Instruction. MAIMAI is not responsible for confirming such information, or for monitoring or refusing to process duplicate Instructions.

Your Instructions shall be irrevocable and unconditional and shall be binding on you, and such Instructions may be acted or relied upon by us irrespective of any other circumstances. As such, once you give any Instruction, you shall not rescind or withdraw such Instructions without the other user’s consent. Your Instructions shall not be considered to be received by MAIMAI until they have actually reached MAIMAI’ central system successfully. Additionally, MAIMAI’ records of all Instructions will be conclusive and binding on you for all purposes. Most common forms of Communication on Agreements include, meeting venue, delivery date, additional product specification and other relevant information to the transaction itself.

5.2 Agreements as primary source of evidence for Dispute Handling

Communication exchanged between users will be used as primary evidence in the case of dispute. Agreements are reflective of the binding social contracts between buyers and sellers. You are to note that the information in Agreements will serve a pivotal role in determining the outcome of the dispute. As stated previously in clause 4.1, MAIMAI will be using the communication on the Agreement Feature in the chat functionality to assess the validity of the dispute. MAIMAI has the right to reject disputes if the dispute description does not follow up with any attempt of cooperation on the Agreement feature on the chat functionality.

Note that all forms of Communication exchanged on the chat functionality will be accessed and viewed by MAIMAI in cases of disputes. You are solely responsible for ensuring that the information exchanged matches your case of dispute. You are to ensure the accuracy of the information on the Agreements such as meeting details. The depth and relevance of the information used from the Agreements feature on the chat functionality that contributes to the final verdict will only be released upon discretion of MAIMAI and in no accords amount to any form of priority. It will be conformed to a case by case basis.

6.0 Transaction Process

6.1 Pre-Transaction

Pre-Transaction is defined as the period of time before the confirmation of the transaction. Any form of Communication and physical interaction carried out before the declaration of confirmed transaction will be considered Pre-Transaction. Information exchanged during this period of time will be used as the primary evidence. A transaction is considered confirmed and completed upon the pressing of the confirmed transaction button on the transaction page by both parties. You are solely responsible for ensuring that the transaction is confirmed if you want any details or performance reviews pertaining to the transaction to be reflected in your profile. You are allowed to raise disputed during this period of time as well.

6.2 Post-Transaction

Post-Transaction is defined as the period of time after the confirmation of the transaction, when both buyer and seller press the confirmed button on the transaction page. Note that you are allowed to raise disputes after users have confirmed the transaction. As such, MAIMAI is not obligated to provide support for transactions that are not confirmed but yet are physically conducted. Any form of transaction that is not confirmed by both parties will only be the responsibility of the parties involved and MAIMAI will not be responsible or obligated to provide any form of support. After confirmation of the transaction, buyers are provided a grace period of 48 hours to ensure that that product matches and meets specifications for delivery items only, for which a delivery receipt or corresponding evidence has to be provided. You are entitled to raise disputes regarding the product defect or concerns within 48 hours of pressing the confirmation button. After which, disputes regarding products or services exchanged will not be entertained by MAIMAI. Only disputes regarding review or rating will be entertained any period of time after the confirmation of the transaction. Review or rating features will only be available after the confirmation of the transaction.

6.3 Conducting of Meetup

Physical meet ups with users are solely your responsibility alone. MAIMAI will not be held responsible for any damages, charges or problems that arise during physical meet ups. The buyer is fully responsible for ensuring that the product matches the specifications stated in the transaction and agreement, upon meeting up with the seller. You as a buyer are obligated to check every component of the product in terms of use, quality and for any defects. Stating that a product does not match specifications after a meetup based transaction will not be entertained by MAIMAI. It is your sole responsibility as the buyer to ensure that product matches the agreed upon specifications.

7.0 Review & Ratings

7.1 Full Definition

These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by MAIMAI. Review and Rating of the other party will only be made available after the confirmation of the transaction.

7.1.1 Rating Scale Interpretation

The rating scale constitutes of a Star-Based System with a minimum of 1 star and a maximum of 5 starts. MAIMAI is not responsible for any misinterpretation of the rating scale and each user is entitled to their own interpretation of the scale. Basic overlook of the scale will only serve as a guide and by no means will subject the user to follow.

5 Stars – Excellent
4 Stars – Good
3 Stars – Neutral
2 Stars – Poor
1 Start – Very poor

7.1.2 Review Box

Users are allowed to enter additional comments in regards to the transaction on-top of the rating scale.

7.1.3 Rightful use of Ratings and Reviews

Any confirmed transaction that does not get a review or rating entry will be set to a default rating setting of 4/5 stars for either party.

By submitting any content to MAIMAI, Inc., you represent and warrant that:

you are the sole author and owner of the intellectual property rights thereto;
all “moral rights” that you may have in such content have been voluntarily waived by you;
all content that you post is accurate;
use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree and warrant that you shall not submit any content:

that is known by you to be false, inaccurate or misleading;
that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
for which you were compensated or granted any consideration by any third party;
that includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
that contains any computer viruses, worms or other potentially damaging computer programs or files.

You agree to indemnify and hold MAIMAI (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.

7.2 Global Transfer of Ratings to external platforms

To Be Reviewed

7.3 Regulation and Mediation

Ratings and reviews are subject to regulation and mediation upon the filing of a dispute. The mediation will accompany with your performance record within the application. MAIMAI is not obligated to make any changes to the review or rating that you have received upon the filing of a dispute. Investigation will take in accordance only your transaction history and the records of reviews and ratings received in your older transactions. The number of transactions and validity of each and every review will undergo a stringent process of investigation prior to approval of deletion or change of the disputed rating. MAIMAI is not obligated to release the process and justification of the verdict, only upon MAIMAI’s discretion. The verdict on change of review or rating is final by MAIMAI and will not be subject to appeals.

8.0 Dispute Handling

8.1 Full Definition

Dispute Handling allows users to raise disputes after a transaction is confirmed. The disputes will only be subject to handling for the following 2 subject matters:

Delivery based Product Quality and Specification
Review / Rating

MAIMAI will only handle product based disputes which consist of a delivery related transaction and Review/Rating based disputes.

8.2 Raising Disputes

You are allowed to raise disputes after the completion of a transaction relating to the aforementioned subject matters. You are entitled to enter details on the dispute to the best of your understanding and accuracy. You are to ensure that sufficient details and information are being provided as you fill up the dispute description box as this will serve as your stand and point of dispute during the dispute handling process. MAIMAI have the right to reject any disputes that do not contain material concerning the subject matter raised or contain any form of negative language. MAIMAI will ensure that information corresponding to the dispute will be privatized and not be available to any other party who is not involved in the transaction process. MAIMAI is not obligated to handle every dispute and have the right to dismiss any dispute that is deemed as irrelevant or unjustified. You are solely responsible for the information that you input during the dispute application process and MAIMAI owns no ownership to such information.

You acknowledge and agree that MAIMAI may refuse to act upon an dispute for any reason whatsoever and may defer acting thereon or seek further information with respect to the Instruction as it thinks fit. Additionally, MAIMAI is authorised (but not obliged) to act on any Instruction which MAIMAI believes was given by you.

8.3 Evidence Provision

Upon the submission of a dispute, you are to provide supporting documents corresponding to the subject matter or issue raised within 48 hours of raising the dispute. Failing to do so will only result in lowering the strength of your argument and as such any form of compensation or support from MAIMAI. MAIMAI will strictly not accept any form of information or uploads after 48 hours. You agree to conform to the timeframe specified. The following recommended supporting documents will be listed below for each subject matter but not limited to them. You are allowed to upload any form of evidence that you deem fit to be strengthen your stand.

8.3.1 Delivery based Product Quality and Specification Supporting Documents

Delivery Receipt
Pictures of defect/damage to the product

8.3.2 Review/Rating Supporting Documents

Pictures of external communication logs outside of MAIMAI Chat Functionality

8.4 Evidence Gathering

In addition to the supporting documents that you provide, MAIMAI will use information collected from the features and functionalities used within the application as primary source of evidence and reference for investigation purposes. The following components of the application will be used:

Agreement feature pertaining to each unique transaction
Chat Log between users unique to each transaction
Payment Transaction records unique to each transaction

You are to ensure that relevant and accurate information is being exchanged at all times, to aid us in any investigation in times of dispute. You are to note that information disseminated by you either as a buyer or seller will be used in the investigation process to determine the verdict, as such any verdict passed will be greatly determined by you.

8.5 Verdict Announcement

Verdict announcement will be made in 1 to 2 weeks after the submission of supporting documents if necessary. MAIMAI is not obligated and will not disclose information on the process of reaching the verdict. An email will be sent to both parties regarding the final verdict as well as posting on the transaction chat log of the verdict as well. The verdict is FINAL and will not be subjected to appeals of any sort from either party. MAIMAI will ensure integrity and a fair process of investigation to provide the verdict to the best of the information available and provided to us. The verdict will consist of either monetary compensation or supporting documentation provided and packaged by MAIMAI to aid you in filing a police report. You acknowledge this clause and will accept the verdict that is passed on.

8.6 Monetary Compensation

Monetary Compensation will ONLY take place for transactions that involve online payments being made via payment avenues on MAIMAI. Any other form of external transaction that does not involve payment avenues in MAIMAI will not be taken into consideration during investigation or provided any form of compensation. The following scenarios where monetary transactions have taken place over MAIMAI payment avenues are entitled to compensation upon investigation:

8.6.1 Scenario 1: Buyer pays a deposit sum, but does not turn up during specified meeting venue and time

Recommended Supporting Documents:

Picture of seller turning up at the designated venue and time.
Attempted conversation with buyer but no response from buyer side (i.e. External conversation log with display of buyer’s handphone number).

Possible Verdicts:

Upon confirmation of supporting documents and checking relevance to dispute raised and primary evidences, the deposited amount will be credited to the seller (i.e. Buyer confirmation of not being able to make it will also serve as substantial evidence).
Insufficient evidence to prove that the seller himself turned up at designated venue and time or relevant conversation logs, deposit amount gets refunded to buyer.

8.6.2 Scenario 2: Delivered product is faulty or does not match specification

Recommended Supporting Documents:

Picture of defect/damage to product
Attempted conversation with buyer but no response from buyer side(i.e. External conversation log with display of buyer’s handphone number).

Possible Verdicts:

- Upon confirmation of supporting documents and checking relevance to dispute raised and primary evidences, the full amount paid will be refunded to the buyer (i.e. Seller confirmation that product might be faulty or defective will also serve as substantial evidence.
- Insufficient evidence to prove that the product was defective upon arrival will result in the amount being credited to the seller.

8.7 Supporting Documents for Police Report

In special cases where the seller does not cooperate or MAIMAI payment avenues were not being used, a delivery based product that is deemed to be faulty or defective by the buyer can be subject to a dispute. In such cases, monetary compensation will NOT be an option. However, MAIMAI will provide the buyer with a police report filing supporting documentation package(PRFSDP) which will consist of all relevant information that has been logged on the application itself that is related to the transaction. Additionally, the user can also upload to MAIMAI within 48 hours of filing the dispute, supporting documents such as deliver receipt and images of the defective product. MAIMAI will package them into a police report filing format and provide you with the ease of having to just upload the necessary documents deemed necessary on the official police force portal of the respective nation. You will be emailed with a zip file consisting of the packaged documents.

8.8 Change in Rating/Review

After the completion of the transaction, users are allowed to rate each other in terms of product and transaction process. If either party deems that the other party has unfairly rated or reviewed him/her, they can raise a dispute. However, your track record on the platform (past transaction reviews and ratings given by other users) will be taken into consideration and substantial evidence has to be provided to prove that you have conducted yourself fairly and professionally. MAIMAI is not obligated to make any changes and have the right to dismiss such disputes if your track record does not justify.

8.9 Dispute Scenarios

8.9.1 Buyer Persona

Product does not match specifications upon delivery
Defective Product upon delivery
Product does not get delivered
Seller does not turn up
Seller gives hate/unfair rating

8.9.2 Seller Persona

Buyer does not turn up
Buyer gives hate/unfair rating

9.0 Disputes with MAIMAI regarding MAIMAI Services

Contact MAIMAI first: If a dispute arises between you and MAIMAI, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and MAIMAI regarding the MAIMAI Services may be reported to our customer support department via the MAIMAI website.

10.0 Payment Features

10.1 Default Payment Methods

When you make a payment, MAIMAI will fund your transaction in this order (subject to availability based on your payment methods and country of registration):

Debit Card
Credit Card

10.2 Card Charge Authorization

By adding a debit card or credit card to your Account as a payment method, you are providing MAIMAI with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a payment method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a payment method in your Account profile.

If you pay for a transaction with your debit card or credit card without adding it as a payment method, you are providing MAIMAI with irrevocable authority to charge that card to obtain the relevant funds required for that transaction.

10.3 Sending Payments

If you are making a payment, you are required to transfer money from your bank account into MAIMAI’ designated bank account (as specified in the user admin panel). Alternatively, you shall enter your debit card or credit card details and provide MAIMAI with irrevocable authority to charge that card to obtain the relevant funds required for that transaction. Upon receiving the money, we will credit your MAIMAI Account accordingly and effect the transfer to the User you wish to pay.

11.0 Identity and Authorizations

11.1 Identity or Authority

MAIMAI shall not be under any obligation to verify the identity or authority of any person giving any Instruction and the authenticity of such Instruction. We shall not be liable for relying or acting on Instructions which are given or purported to be given by any person(s) whom we believe to be the User (or a Platform User or Merchant Account User to whom a User’s Account is linked to), regardless of the circumstances prevailing at the time of such Instructions, the nature of the arrangement, services or transaction made pursuant to such Instruction or the amount of money involved and notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity or authorisation in the terms of such Instruction.

11.2 Notification of Instructions

MAIMAI may transmit a notification upon receipt of an Instruction via the MAIMAI Services. You are responsible to ensure the confirmation is in accordance with your Instruction. Completion notification that an Instruction and/or a transaction has been received and/or effected through the MAIMAI Services will be provided via electronic Communications. Such completion notification shall be deemed to have been received by you immediately after transmission and you should check such completion notification. You should contact us if you do not receive any completion notification within the time usually required for a similar notification to be received.

11.3 Your Authorisation

You agree and authorise that (upon receiving your Instruction to send money to another User), MAIMAI may act upon such Instruction and to transfer money from your MAIMAI Account, bank account, debit card or credit card to the receiving User’s MAIMAI Account or bank account.

You agree and authorise that (upon receiving your Instruction to receive money from another User), MAIMAI may act upon such Instruction and to receive the money in your MAIMAI Account (less any applicable fees). You agree and authorise that (upon receiving your Instruction to withdraw money from your MAIMAI Account), MAIMAI may act upon such Instruction and to transfer the corresponding amount (less any applicable fees) from your MAIMAI Account to pay you with the withdrawal method you specify.

12.0 User Base

12.1 Agreements with end-users and data protection

As a Platform User, you must have an agreement, whether written or otherwise, with your end-user on how you will be transacting with their MAIMAI Account. You also agree to have a privacy policy in place to inform your end-users on how their personal information will be collected, used, disclosed and transferred. You will use all reasonable efforts to protect and secure the personal information of your end-users against unauthorised use or disclosure. You will promptly inform us and your end-users where any of their personal information is accessed or disclosed in a manner or for a purpose not indicated in your privacy policy and without their consent.

13.0 Transfer of Ratings to other platforms

We may make available to you MAIMAI API guides and documentation, and you shall comply with such documentation in connection with the integration and use of the APIs. You are prohibited from interfacing with MAIMAI’ APIs in a way which MAIMAI has stated is not permitted in the documentation.

14.0 Errors and Unauthorized Transactions

14.1 Safeguarding your Account ID, password and API keys

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), API keys, API secret keys, or any other codes that you use to access MAIMAI Services or to send any Instruction to us.

14.2 Unauthorised Transactions

You are responsible for the control and use of your MAIMAI Account and any Instructions sent from your Account are deemed to be authorised and are binding on you. As stated in Clause 7.1, we are not in the position (nor are we obligated) to verify the identity or authority of any person(s) using your MAIMAI Account. If you discover a transaction in your MAIMAI Account that you did not authorise, you should contact the other relevant party directly to resolve the issue. You may wish to also contact MAIMAI to assist you to contact the other relevant party if he or she is a User.

14.3 MAIMAI Errors

We will rectify any Error that we discover.

If an Error results in you receiving less than the correct amount which you are entitled to, MAIMAI will restore your Account balance with the difference.
If an Error results in you receiving more than the correct amount which you are entitled to, MAIMAI will remove the extra funds from your Account balance. If the deduction results in your Account balance becoming negative, you shall deposit money into your Account (in accordance with Clause 6.4 above) as soon as possible to restore your Account to a zero or positive balance.

14.4 Your Errors

14.4.1 Sending Payments

Sending payments: If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you have sent the payment and ask them to refund the payment. MAIMAI will not reimburse you or reverse a payment that you have made in error.

14.4.2 Acceptable Use Policy Violations

If you violate the Acceptable Use Policy, then in addition to the above actions, you will be liable to MAIMAI for MAIMAI’ damages for each violation of the Acceptable Use Policy. You agree that $500.00 SGD (or equivalent) per transaction in violation of the Acceptable Use Policy is presently a reasonable minimum estimate of MAIMAI’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to MAIMAI that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. MAIMAI may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.

15.0 Notices

15.1 Notices to You

You agree that MAIMAI may provide you Communications about your Account and the MAIMAI Services electronically. MAIMAI reserves the right to close your Account if you withdraw your consent to receive electronic Communications. Any electronic Communications will be considered to be received by you: (1) within 24 hours of the time we post it to our website; or (2) immediately upon our sending of an email to you. Any notice sent to you by postal mail will be considered to be received by you 3 business days after we send it.

15.2 Notices to MAIMAI

Unless otherwise stated in this Agreement, notice to MAIMAI must be sent by postal mail to the registered address of MAIMAI Pte. Ltd., Attention: Legal Department.

16 MISC. TERMS

16.1 Limitations of Liability

IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE MAIMAI SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES, AND SHALL NOT EXCEED $100.00 SGD OR YOUR ACCOUNT BALANCE AS AT THE DATE OF YOUR CLAIM, WHICHEVER IS LOWER.

16.2 Services Limitation

MAIMAI is not a bank and the MAIMAI Services are payment processing services rather than banking services. MAIMAI is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. MAIMAI does not have control of, nor liability for, the products or services that are paid for with the MAIMAI Services. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction.

16.3 No Warranty

THE MAIMAI SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. MAIMAI, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAIMAI does not have any control over the products or services that are paid for with the MAIMAI Services and MAIMAI cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorised to do so. MAIMAI does not guarantee continuous, uninterrupted or secure access to any part of the MAIMAI Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. MAIMAI will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but MAIMAI makes no representations or warranties regarding the amount of time needed to complete processing because the MAIMAI Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.

16.4 Indemnification

You agree to defend, indemnify and hold MAIMAI, its parent, subsidiaries and affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, losses (including consequential losses and special damages), charges, expenses or any other liability incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the MAIMAI Services, or by MAIMAI enforcing any term in this Agreement to prevent any breach thereof.

16.5 Intellectual Property

“MAIMAI.io” and all other URLs, logos and trademarks related to the MAIMAI Services are either trademarks or registered trademarks of MAIMAI or its licensors. You may not copy, imitate or use them without MAIMAI’ prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of MAIMAI. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by MAIMAI through our merchant services or affiliate programs without prior written consent for the purpose of directing web traffic to the MAIMAI Services.

You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to MAIMAI or the MAIMAI Services or display them in any manner that implies MAIMAI’ sponsorship or endorsement. All right, title and interest in and to the MAIMAI website, any content thereon, the MAIMAI Services, the technology related to the MAIMAI Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of MAIMAI and its licensors.

16.6 Calls to You; Advertisements / Marketing / Promotions

By providing MAIMAI a telephone number (including a mobile telephone number), you consent to receiving text messages and calls, including autodialled and pre-recorded messages from MAIMAI at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorise it as such in our systems and in your Account Profile, and you consent to receive text messages from us about your use of the MAIMAI Services, as well as any advertising or marketing materials, at that number.

16.7 Confidentiality

If you receive Information about another User through the MAIMAI Services, you must keep the Information confidential and only use it in connection with the MAIMAI Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes, unless you receive that User's express consent to do so.

16.8 Complete Agreement and Survival

This Agreement, along with any applicable Policies on the Legal Agreements page on the MAIMAI website, sets forth the entire understanding between you and MAIMAI with respect to the MAIMAI Services. Clauses 1 (Interpretation & Definitions), 9 (Closing Your MAIMAI Account), 12 (Your Liability – Actions We May Take), 13 (Disputes), 14 (Notices) and 15 (Misc. Terms), as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision (or parts thereof) of this Agreement is held to be invalid or unenforceable, such parts of the provision shall be struck out to the extent of the invalidity/unenforceability and the remaining provisions shall be enforced.

16.9 Assumption of Rights

If MAIMAI pays out a Claim or Reversal that you file against a recipient of your payment, you agree that MAIMAI assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in MAIMAI's absolute discretion.

END