A. FORMATION OF AGREEMENT1. The KrisPay mobile application is owned and operated by Singapore Airlines Limited. When you use this application, you signify your agreement to these Terms of Use and other applicable terms, conditions, and notices, including but not limited to the Conditions of Use of the KrisPay mobile application. If this is not your intention and you disagree with any part of these Terms of Use or such other applicable terms and conditions, you should not use this application.



2. The information contained in the KrisPay mobile application may change without notice. Singapore Airlines does not warrant nor represent the accuracy or completeness of the KrisPay mobile application or any of the data or information contained in the KrisPay mobile application.

The “Services” consist of the provision to you of a software application to enable you to access and view the content (the “KrisPay mobile application”) together with SIA’s provision of that content, from time to time. The KrisPay mobile application allows you to convert KrisFlyer miles to KrisPay miles, to be stored in your KrisPay Wallet, which can then be used as described under Section C (Commercial Terms) below.You should be aware that your network provider may charge you both for access to its connection services and for the duration of your mobile phone’s connection while accessing KrisPay; you are responsible for these costs and the costs of any other third party associated with the use of KrisPay.Your subscription to the Services commences on the date you receive the link to the KrisPay mobile application, as you are able to receive the Content immediately.You may uninstall the KrisPay mobile application at any time if you desire to stop receiving the Services.You acknowledge that SIA or third parties own all rights, title and interest in and to the KrisPay mobile application (including the name “KrisPay”) and software and portions thereof, including without limitation all Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, law relating to the protection of confidential information and trade secrets, trademark law, common law protecting unregistered rights through the tort of passing off, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the KrisPay mobile application.You also agree not to remove, obscure, or alter Singapore Airlines’ or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the KrisPay mobile application.Your Personal Data will be processed and protected in accordance with the Singapore Airlines Privacy Policy available at http://www.singaporeair.com/en_UK/privacy-policy/ SIA and any third party who makes its software available in conjunction with or through the KrisPay mobile application disclaims any responsibility for any harm loss or damages resulting from your use of the KrisPay mobile application and/or any third-party software accessed in conjunction with or through the KrisPay mobile application. The KrisPay mobile application and any third-party software made available in conjunction with or through the KrisPay mobile application are provided on an "as is" basis with no Warranties whatsoever. SIA and such third parties expressively disclaim to the fullest extent permitted by law all express, implied and statutory warranties, including without limitation, the warranties of partner ability, fitness for a particular purpose, and non-infringement of proprietary rights. SIA and any third parties who make their software available in conjunction with or through the KrisPay mobile application disclaim any warranties regarding availability, security, reliability, timeliness, and performance of the KrisPay mobile application and such third-party software. You further understand and agree that you download and/or use the KrisPay mobile application and all third-party software made available in conjunction with or through the KrisPay mobile application at your own discretion and risk and that you will be solely responsible for any loss or damages to your mobile device system or computer or loss of data that results from the download of use of the KrisPay mobile application and/or all third-party software.SIA may amend all or part of the Services at any time. You acknowledge that SIA can withdraw any information, data or content forming a portion of the Services, or cease providing the Services entirely and terminate this Agreement at any time, without liability and without notice for any reason whatsoever.You understand and acknowledge that the transmission of information through telecommunications channels is unpredictable in nature and depends on, amongst other issues, inter alia, (i) third party telecommunications operators and networks and (ii) the proper maintenance of your receiving equipment. SIA gives no guarantee of the continued availability and quality of reception of the Services.The Services may be interrupted, in whole or in part, in a case of force majeure (being events outside the control of either you or SIA) or during periods of maintenance. SIA and/or SIA's designated representative(s) cannot be held liable for any loss or damages caused directly or indirectly by the interruption of all or part of the Services in the case of force majeure, nor loss of profits, contracts, reputation, nor for any consequential loss of any kind. For the avoidance of doubt, SIA does not exclude its liability for death or personal injury caused from its negligence.The rights to use the Services are personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in this Agreement or any other document constituting this Agreement.This Agreement is governed and shall be construed in accordance with the laws of Singapore and you agree to submit to the non-exclusive jurisdiction of Singapore Court.You agree to indemnify Singapore Airlines and keep Singapore Airlines indemnified against any claims, damages, losses, expenses, costs, disbursements and other liabilities which may occur against or be suffered by Singapore Airlines in connection with:a. your access and use of any biometric login function (where applicable) and the KrisPay mobile application;b. any improper or unauthorised use of any biometric login function (where applicable) or the KrisPay mobile application by you, or any improper use of your mobile device (whether authorised by you or otherwise);c. any act or omission by any third party (including a relevant mobile or internet service provider);d. any delay or failure in any transmission, despatch or communication facilities; ore. any breach by you of these Terms of Use.

General Conditions

1. Misuse of one’s KrisPay miles may result in suspension of the KrisFlyer account. Singapore Airlines reserves the right to claim compensation for damages sustained in connection with the misuse of KrisPay.



2. Singapore Airlines reserves the right to modify KrisPay and any of its features, including these Terms of Use at any time. This includes changes without limitation to the following:

a. KrisPay Partners

b. Rules of earning, using, or expiry of KrisPay miles

c. Rules of any promotions

d. Conversion rate for KrisFlyer miles to KrisPay miles

e. Conversion rate of KrisPay miles to KrisFlyer miles

f. Conversion rate for KrisPay miles to dollar equivalent

g. Conversion rate for partner loyalty points to KrisPay miles



3. Although Singapore Airlines will use reasonable efforts to notify you of material changes to the use of the KrisPay mobile application and to these Terms of Use, it is the responsibility of members to keep themselves up to date. Any use of the KrisPay mobile application will be deemed as acceptance of any amendment.



4. Certain partner benefits and rewards may be subject to their own set of terms and conditions, as specified separately.



5. Singapore Airlines reserves the right to audit your account at any time for compliance with the Terms and Conditions without prior notice.



Enrolment and Obligations

1. Usage of the KrisPay mobile application is available to anyone with an existing KrisFlyer membership.



2. There is no enrolment fee to use the KrisPay mobile application.



3. The usage of the KrisPay mobile application will be dependent on the validity of your KrisFlyer membership. The usage of the KrisPay mobile application will be available as long as your KrisFlyer membership is active.



4. All KrisFlyer/ KrisPay membership obligations is the same as the existing KrisFlyer membership obligations found under Section B of the KrisFlyer terms and conditions, which could be found at https://www.singaporeair.com/en_UK/ppsclub_krisflyer/termsconditions-kf/ .



Topping up KrisPay mobile application with KrisPay miles using KrisFlyer miles

1. KrisPay miles are the base unit of measurement within the KrisPay mobile application.



2. One KrisPay mile is equivalent to one KrisFlyer mile. Singapore Airlines reserves the right to make changes to the conversion rates without prior notice.



3. Top up of the KrisPay Wallet is subject to a minimum top up of 1 KrisFlyer mile. Top ups into the KrisPay Wallet are non-reversible.



4. KrisPay miles which have expired cannot be extended. Singapore Airlines may at its sole discretion, and without prior notice, change the minimum and maximum number of KrisFlyer miles for top up of the KrisPay Wallet.



5. Pooling of miles is not permitted and each KrisFlyer membership can only be utilised by one person. Singapore Airlines reserves the right to cancel a KrisFlyer account and forfeit all KrisFlyer miles and KrisPay miles in the account, if it is found to be used by more than one person.



6. KrisPay miles are strictly non-transferable unless stated otherwise in this Terms of Use

Using of KrisPay miles

1. KrisPay miles can be used to pay for part of or the total amount of items purchased at our range of partners. For a full list of our partners, please see the “Partners” tab in the KrisPay mobile application. Participating partners are subject to change without notice.



2. While Singapore Airlines may from time to time provide an indicative value of the KrisPay miles relative to Singapore dollars:

a. the Singapore dollar amount is merely to provide an “indicative value” of the services that may be purchased with the KrisPay miles;

b. the KrisPay miles are not denominated in Singapore dollars;

c. the KrisPay miles are not pegged to Singapore dollars and the “indicative value” is subject to change at the discretion of Singapore Airlines;

d. Singapore Airlines may cancel the KrisPay miles at its discretion and holders of the KrisPay miles have no claim against Singapore Airlines for the “indicative value” of for any other monies; and

e. holders of the KrisPay miles cannot withdraw the KrisPay miles for Singapore dollars or any other monies.



3. Conversion rates are indicative and subject to change. Singapore Airlines reserves the right to change the conversion rate of KrisPay miles to Singapore Dollar without prior notice.



4. A minimum number of 15 KrisPay miles is required in order to use the KrisPay mobile application for purchases at the partner. Singapore Airlines may at its sole discretion change this minimum number of miles required for making purchases at the partner.



5. All items fully or partially purchased using KrisPay miles cannot be refunded. Replacements are subject to each individual partner’s terms and conditions.



6. For other terms and conditions related to purchases at the partners, please refer to each individual partner’s terms and conditions.



7. Singapore Airlines is not responsible or liable for any defects, discrepancies, or issues with all product-related matters.



Earning of KrisPay miles

1. KrisPay miles can be earned when:

(a) Eligible Earn Transactions: you make a payment in cash, credit, or debit card at our range of Earn-partners (“Eligible Earn Transactions”). Transactions where items are redeemed using KrisPay miles will not be eligible in relation to the earning of KrisPay miles. Please see the “Partners” tab in the KrisPay mobile application which indicates the partners you can earn miles from (“Earn-partners”). Participating Earn-partners are subject to change without notice; or

(b) Conversion of Partner Reward Points: you convert reward points (“Partner Reward Points”) that you have earned (and which cannot be purchased) through the relevant partners (“Conversion-partners”), to KrisPay miles. Please see the “Top up” tab in the KrisPay mobile application which indicates the Conversion-partners you can convert Partner Rewards Points from. Participating Conversion-partners are subject to change without notice



Earning of KrisPay miles under Eligible Earn Transactions



2. The number of KrisPay miles you can earn, also known as the “earn rate”, may vary based on the Earn-partner you have picked. Earn rates can be changed by Singapore Airlines or the Earn-partner at any time, without prior notice. Earn rates can be found on the “Partner details” page under the “Partners” tab in the KrisPay mobile application, where applicable.

3. The number of KrisPay miles earned will be (a) based on the applicable dollar earn rate of the respective Earn-partners, and (b) rounded down to the nearest whole number. For example, if the applicable earn rate is SGD$2 to 1 KrisPay mile, a spend amount of SGD$5 will result in an earn of 2 KrisPay miles.

4. Replacements of items and refunds of items purchased with cash, credit, or debit card are subject to each individual partner’s terms and conditions. In the event of a cash refund made at a partner, Singapore Airlines will have the sole and absolute discretion to deduct the corresponding KrisPay miles / KrisFlyer miles resulting from the relevant account in relation to said refund.

5. For other terms and conditions related to purchases at the partners, please refer to each individual partner’s terms and conditions.

6. Singapore Airlines is not responsible or liable for any defects, discrepancies, or issues with all product-related matters including but not limited to any hardware issues of the equipment (e.g. scanners, credit card payment terminals) used by the respective partners in the transaction process.



Earning of KrisPay miles under Conversion of Partner Reward Points

7. The minimum top up of the KrisPay wallet using Partner Reward Points is subject to a minimum set by the Conversion-partner.

8. Top ups of KrisPay miles into the KrisPay wallet pursuant to conversion from Partner Reward Points are non-reversible.

9. The conversion rate for the conversion of Partner Reward Points to KrisPay miles differs for each partner and is subject to change from time to time. You can key in the number of Partner Reward Points you wish to transfer in the top-up screen within the KrisPay mobile application, and the number of KrisPay miles you will receive through the conversion of the corresponding Partner Reward Points will be reflected on the screen.

10. For other terms and conditions related to conversion of Partner Reward Points, please refer to each individual partner’s terms and conditions.

11. Singapore Airlines is not responsible or liable for any defects, discrepancies, or issues with all product-related matters including but not limited to any hardware issues of the equipment (e.g. scanners, credit card payment terminals) used by the respective partners in the transaction process.



Conversion of KrisPay miles to KrisFlyer miles

1. KrisPay miles can be converted into KrisFlyer miles and transferred to your KrisFlyer account only if it is earned from an (a) Eligible Earn Transaction, or through (b) Conversion of Partner Reward Points.

2. KrisPay miles earned can only be converted into KrisFlyer miles and transferred to your KrisFlyer account if you convert and transfer the number of miles earned per Eligible Earn Transaction or Conversion of Partner Reward Points (as the case may be) (a) in its entirety and (b) within 7 days from the point of accrual of the KrisPay miles.

3. Conversion rates are merely indicative and subject to change. Singapore Airlines reserves the right to change the conversion rate of KrisPay miles to KrisFlyer miles without prior notice.

4. Earned KrisPay miles that have been converted into KrisFlyer miles and transferred to your KrisFlyer account will have a validity of 3 years within your KrisFlyer account, from the point of conversion and transfer. Such KrisFlyer miles will be subject to the same KrisFlyer terms and conditions at https://www.singaporeair.com/en_UK/ppsclub_krisflyer/termsconditions-kf/.

5. Earned KrisPay miles on your account can only be converted into KrisFlyer miles and transferred to your own KrisFlyer account with the same KrisFlyer ID.

Expiry of KrisPay miles

1. KrisPay miles will expire after 6 months on the last day of the equivalent month in which they were earned. For example, KrisPay miles converted from KrisFlyer miles and credited into your KrisPay Wallet on any day in January 2017 will expire at 23:59 hours Singapore time (GMT+08:00 hours) on 30 June 2017. KrisPay miles are valid for 6 months from the month of top up and the month they were earned. For example, if you topped up 100 KrisPay miles into your KrisPay wallet on any day in January 2019, they will expire on 31 July 2019, at 23:59 hours Singapore time (GMT +08:00 hours).

2. KrisPay miles that have already expired cannot be extended.

3. Notifications of expiring KrisPay miles will be displayed on the home screen of the KrisPay application on the month of expiry.



Usage of KrisPay

1. You must not use the KrisPay mobile application for any unlawful or prohibited purposes, or for any unauthorized or fraudulent payments.



2. You must not:

a. where applicable, resell the Services;

b. use the KrisPay mobile application or your KrisPay miles for any activity which breaches any law;

c. use the KrisPay mobile application or your KrisPay miles in a way which interferes with its availability with other users; or

d. where applicable, use other means to transact or obtain information if you are unable to use the KrisPay mobile application.

If Singapore Airlines (in its sole discretion) believes that you are in breach, or will be in breach, of any of these Terms of Use, Singapore Airlines reserves its right to terminate your KrisFlyer account and forfeit the KrisFlyer miles and KrisPay miles therein.



3. Singapore Airlines and its licensors retain all rights (including trade mark, copyright and patent rights) with respect to all software and underlying information and material available through the KrisPay mobile application. Where applicable, you must not download or otherwise export or re-export any software or underlying information or material available through the KrisPay mobile application except with the written permission of Singapore Airlines and in full compliance with all Singapore and other applicable laws and regulations. In particular, but without limitation, you must not download or otherwise export or re-export any software or underlying information or material available through the KrisPay mobile application unless such downloading occurs in the course of using KrisPay in accordance with the written instructions of Singapore Airlines.



4. You represent that you are of legal age to use the KrisPay mobile application in accordance with these Terms of Use and to create binding legal obligations for any liability you may incur as a result of the use of the KrisPay mobile application. You are financially responsible for all uses of the KrisPay mobile application by yourself. You hereby represent and warrant that all information supplied by yourself in using the KrisPay mobile application are true and accurate.



Limitation of Liability

1. To the maximum extent permitted by law, Singapore Airlines shall not be liable to any member for any injury, loss, claim, damage, cost, disbursement or expense of any kind whatsoever arising out of or in connection with the use of the KrisPay mobile application, whether such injury, loss, claim, damage, cost, disbursement or expense is caused by Singapore Airlines’ negligence or otherwise, and whether Singapore Airlines has any control over the circumstances giving rise to the claim or not.



2. Singapore Airlines will endeavour to ensure the availability of products and services provided by partners but will not be liable for any injury, loss, claim, damage, cost, disbursement or expense of any kind whatsoever arising from the failure by partners to provide such products and/or services. Where you use the services provided by a programme partner or purchase a product from a partner, their terms and conditions will apply and Singapore Airlines will not be liable for any injury, loss, claim, damage, cost, disbursement or expense of any kind whatsoever, howsoever arising.



3. Singapore Airlines will not be liable for any injury, loss, claim, damage, cost, disbursement or expense of any kind whatsoever connected to the unavailability of the KrisPay mobile application to you in whole or in part or any failure or delay in any way connected with the use of the KrisPay mobile application because of ancillary equipment, the Singapore Airlines systems or technology or any other circumstances, including the use of or inability to use the KrisPay mobile application.



4. Singapore Airlines’ liability with respect to any claims shall be limited to re-crediting the value of the KrisPay miles redeemed by you into KrisPay or providing other reasonable, alternative, and comparable benefits as exclusively determined by Singapore Airlines. For the avoidance of doubt, monetary compensation is expressly excluded and Singapore Airlines shall not be liable for any loss of revenue, profit, business, contract, reputation, or for any special, consequential, indirect, exemplary, punitive damages, howsoever arising.



Termination or Suspension of Service

1. If your KrisFlyer account is suspended, you will not be able to use any KrisFlyer miles and KrisPay miles. Due to its limited validity, these KrisPay miles may expire during the suspension period. Provided the accrued KrisPay miles have not expired during the suspension period, you may use the remaining valid KrisPay miles once the suspension from KrisFlyer is lifted.



2. If your KrisFlyer account is permanently terminated, the KrisPay miles accrued shall be revoked and forfeited without compensation. Notwithstanding the suspension or permanent termination of the KrisFlyer account, you shall be liable for all damages, litigation and other associated costs, and such suspension or termination shall not be seen as a waiver by Singapore Airlines to pursue any other available remedy.



Miscellaneous

1. Singapore Airlines may assign or deal with these Terms of Use in favour of any of its subsidiaries, subcontractors or appointed agents to carry out its obligations herein. Singapore Airlines shall not be responsible to you for any delay in performance or non-performance of its subcontractors and/or agents due to causes beyond its reasonable control.



2. Singapore Airlines shall not be in breach of its obligations of confidentiality if disclosure of your confidential information is pursued in conjunction with an order of court, or is required by law or any governmental or regulatory authority. However, if the disclosure is not required with immediate effect, Singapore Airlines shall give you prior notice of such disclosure.



3. Any KrisPay miles credited to your KrisPay Wallet that are found to be ineligible will be deducted automatically.



4. The sale or barter of KrisPay miles is prohibited and will result in cancellation of these KrisPay miles. Members who breach this rule may also be liable for damages, litigation and transaction costs.



5. All transactions carried out on the KrisPay mobile application by KrisFlyer members under 12 years of age require consent from their parents or legal guardians. In countries where consent is required for members above 12 years of age, the law of the country where the transaction is conducted will apply. Singapore Airlines will not be liable for the verification of the parent’s or guardian’s signature, or for the verification of the parent’s or guardian’s authority to give consent.



6. Should KrisPay collaterals be available in other languages, the English language version shall be the only point of reference if any discrepancy arises.



7. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of Singapore and you agree to submit to the non-exclusive jurisdiction of the courts of the Republic of Singapore. Any unresolved dispute arising under, out of, or in connection with these Terms of Use, including any questions regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force.



