The following conditions will apply in addition to the detailed Terms of Use expressly specified below and on the MOGi website www.mogicard.com, and will apply to every transaction conducted on the MOGi app and web site.

  • All cash card top-ups and voucher purchaces are final. No refunds are allowed.
  • Use of vouchers, coupons, cash cards and/or any direct sales and purchase of any goods and services will be further subject to such terms and conditions as may be imposed by the merchant/service provider.
  • Transactions conducted on MOGi are between the user and the relevant merchant. Any dispute and/or claim in relation of any transaction will be made against and handled directly by the relevant merchant.
  • Users are responsible for protecting their password and acknowledge that M2C shall not be responsible for any loss, damage or claim arising from unauthorised use of the user's account.

Any use of the MOGi app and/or web site shall be governed by the Terms of Use and Privacy Policy.

Terms of Use

These Terms of Use govern you, the User, in your use of the MOGi application operated and owned by Mobile Media Creations Pte Ltd ("M2C") via its smart phone application and www.mogicard.com website (which together shall be referred to as the "Site"), for the promotion of merchant loyalty and rewards programmes, sales and distributions of cash cards & vouchers, coupons and the direct sale and purchase of any goods and services (collectively "Services") of the participating merchants. Users may use the Site to manage their loyalty programmes with participating merchants or to purchase/top up cash cards & vouchers, which are redeemable for goods and services offered and sold by participating merchants. Users may also use the Site to facilitate direct sales and purchase of goods and services from the participating merchants, processed by a third party payment processing company.

These Terms of Use form an agreement between Users, M2C and the participating merchants. The Users further acknowledge that Apple Inc. ("Apple") is not a party to these Terms of Use. If you, the User, do not agree to these Terms of Use or the Privacy Policy (referred to below), please do not use the Service or Site. If you have any questions relating to these Terms of Use, please contact us at info@m2c.com.sg.

By using the Services or connecting to the Site, you explicitly agree to comply with and be bound by the terms and conditions set forth below and elsewhere on this Site ("Agreement"), which M2C reserves the right to modify at any time with any modifications being effective upon posting on the Site. M2C further reserve the right to impose limits on certain features of the Service, suspend or terminate any or all of the Services at any time and to disable or cancel your User account at any time, without notice. If you do not agree to these Terms of Use, do not connect to the Site or use the Services. Your continued use of the Services shall be deemed your conclusive acceptance of the Agreement (as well as any modifications thereto). In addition, you agree to any rules and guidelines which may be imposed by the Site from time to time.

2. Privacy Policy

User agrees that the User's information, activity and location when the User uses the Service and the Site will be processed in accordance with M2C's Privacy Policy. For more information, please refer to our Privacy Policy at www.mogicard.com.

3. General Terms

3.1    All Services offered on the Site may only be used by Users accessing the Site from Singapore. Any User who accesses the Site from countries other than Singapore shall do so at their own risk and shall be responsible for ensuring that such use complies with all applicable laws.

3.2    By using the Service, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country and you are not listed on any U.S. Government list of prohibited or restricted parties.

3.3    The smartphone application is licensed, not sold, to you when you download it onto your mobile device. The license granted to you is limited to a revocable, non-transferable license to use the smartphone application on any mobile device owned or controlled by you, in accordance with these Terms of Use and as permitted by Apple's App Store Terms of Service.

4. User Conduct

4.1    In order to use the Site and its Services, you must be (a) 18 years of age or over; and/or (b) have parental or guardian consent; and are fully able and competent to enter into and abide by the terms of this Agreement.

4.2    All activities undertaken by you in connection with this Site shall be for lawful purposes only and should comply with accepted network and internet practices. You agree not to upload, post or transmit through this Site any content or material that (i) infringes any patent, trademark, trade secret, copyright or any other intellectual property or proprietary rights of any party; or (ii) is unlawful, uncivil, unauthorized, harmful, threatening, libelous, defamatory, false, obscene, invades the privacy of others; or (iii) advertises or solicits any goods or services which are unlawful or otherwise. Any reviews, opinions or comments posted by you on the Site shall be appropriate and lawful. You acknowledge that M2C has no obligation to monitor material but shall have the right, in its sole discretion, edit, refuse or remove any content and materials posted on the Site for any reason whatsoever without any notification to you and without the need to seek your consent.

4.3    You agree not to attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure). You must not upload or transmit any material which is technically harmful, including any form of form of virus, worm, Trojan horse or other malicious code.

4.4    M2C does not control any material posted by any third parties on the Services or Site, including but not limited to its Users and participating merchants, or guarantee the accuracy, integrity or quality of any such material. The User acknowledge that by using the Service, M2C does not accept liability for any errors or omissions in any such material, or for any loss or damage of any kind incurred as a result of the use of any material featured or otherwise transmitted via the Services.

4.5    Any material you upload to our Service will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.

4.6    As owner or licensor of the material that you upload onto the Service, you grant M2C a non-exclusive, transferable, royalty-free, worldwide licence (or sub-licence, as applicable) to use, reproduce and publicly display the material on the Service. This licence will expire upon the termination or deletion of your user account or termination of the Service. Other than your and other Users' material uploaded onto the Service, M2C and its participating merchants are the owners or the licensees of all copyright and other intellectual property rights in the Service, and in the material published on it.

5. User Accounts

5.1    All Users shall be required to register and create an account in order to use the Services ("User Account"). In connection with the registration, a User shall provide all such information as M2C may request from time to time and M2C reserves the right to request for information at any time including after the initial creation of a User Account.

5.2    All Users shall be issued a confidential password upon the creation of a User Account. Each User shall be personally responsible for maintaining the confidentiality of such password. Unless and until otherwise notified by you in writing, M2C shall treat all persons who transact on the Site or use the Services using your User Account and password as your duly authorized agent and you shall be responsible for all activities and transactions conducted by such agent. M2C accepts no liability for any loss or damage arising from your failure to comply with these requirements.

6. Loyalty Programme, Cash Cards, Vouchers & Direct Payment

6.1    Users may use the Services to access their loyalty programmes, which are managed by participating merchants and/or may purchase/top up cash cards & vouchers using the Services and such cash cards & vouchers may be redeemed for goods and services offered by the participating merchant. Users may also purchase such goods and services directly from the participating merchants. Users agree that participating merchants shall have their own applicable terms and conditions (which may be varied or amended by the participating merchants from time to time and at any time) in relation to their respective loyalty programmes, cash cards & vouchers and/or direct sales and purchase of the participating merchants' goods and services. Users shall abide by such terms and conditions. To the extent of any conflict between these Terms of Use and any additional terms, which is determined by the participating merchant, the additional terms set by participating merchant shall prevail.

6.2    Payment for any cash cards & vouchers and/or for goods and services shall be made by User directly to the participating merchant using such third party payment processing companies as may be offered on the Site. Users acknowledge that M2C is not responsible for the collection or processing of any payment and Users shall contact the participating merchant directly in relation to any payment matters. Users further acknowledged that they shall have no claims against M2C for any payment made for any cash card & vouchers and/or direct payment of any goods and services and other purchases made using the Services.

6.3    M2C shall not be responsible for any changes instituted by any participating merchant in respect of the loyalty programme, any cash cards & vouchers and any direct purchase of goods and services, whether or not such loyalty programme, cash cards & vouchers or direct purchase was hosted, sold and distributed via the Site. Users shall be solely responsible for verifying the terms of the respective loyalty programmes, cash cards & vouchers and direct purchase and shall bear all and any loss arising from any amendment or variation to or termination or cancellation of the loyalty programme, any cash cards & vouchers and/or direct purchase of participating merchant's goods or services or the cessation of business by any participating merchant. Users shall raise any dispute arising in relation to any loyalty programme, cash cards & vouchers and/or direct purchase of goods and services directly with the relevant participating merchant and M2C shall bear no responsibility in relation thereto.

6.4    Participating merchants shall be entitled to determine, at their sole discretion, the manner and use of the loyalty programme, cash cards & vouchers and direct purchase of its goods and services by the Users, including whether the loyalty programme or the use of the ift cards & vouchers may be combined with any other promotions, coupons, offers or terms. Your correspondence, interactions or dealings with, or purchase and redemption of cash cards & vouchers on or through the Service, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the participating merchant. To the maximum extent permitted by applicable law, M2C excludes all liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the use or inability to use any loyalty programme, cash cards & vouchers, or the use, inability to use or unsatisfactory condition of any products or services described on the loyalty programme or cash cards & vouchers.

7. Hyperlinks and External Websites

Links to third party websites within any part of our Site is provided as a convenience to access, and the provision of a link to any such third party website (including third party websites offered by any Merchant) is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites and we are not responsible for the contents of any linked site. Linked sites are owned and operated by independent parties, and therefore, we cannot ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

8. No Warranty; Limitation of Liability

8.1    Whilst M2C endeavours to make the Services available at all times, certain technical maintenance and upgrades of the Services or the Site will be required from time to time. The User acknowledge due to such maintenance, upgrades or for reasons beyond M2C'c control, the Services or Site may be unavailable or delayed. M2C make no warranty, express or implied concerning Site and the Servicesincluding, but not limited to, the content on our Site, software or products or Services available through the Site, any loyalty programmes or cash cards & vouchers or the direct purchase of goods and services, which are provided "as is". In particular, the content and our Services do not constitute any form of advice, recommendation, representation, endorsement or arrangement by M2C and is not intended to be relied upon by Users in making (or refraining from making) any specific purchase or other decisions. Users should conduct their own due diligence before making any such decisions.

8.2    We expressly disclaim all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability, in relation to the Site and the Services including, but not limited to, the content on the Site, software or products or Services made available through the Site, any loyalty programmes or cash cards & vouchers or the merchantability or fitness of purpose of the goods and services purchased directly from the Site. We do not guarantee the accuracy, content, or timeliness of the Site or our Services or that they or related systems are compliant or free from viruses or other contaminating or destructive properties

8.3    To the fullest extent permitted under applicable law, in no event will M2C,our affiliates, employees, officers or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information, data or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site or our Services or any purchase made by you whether or not as a direct or indirect consequence of your use of the Site or our Services, even if we have been advised of the possibility that such damages may arise.

8.4    M2C's total aggregate liability arising out of or related to these Terms of Use shall not exceed the amounts paid by the Users when using the Services during the six months preceding the bringing of any claim, or SGD 100, whichever amount is lesser.

9. Indemnity

You agree to indemnify and hold M2C, its affiliates, officers and employees, harmless from any claim or demand, including legal fees, costs and expenses made by any person due to or arising out of or relating to your use of our Site and the Services, the use of any loyalty programmes and cash cards & vouchers, the use of the Site and Services through your password or any violation by you of this Agreement.

10. Intellectual Property Rights

10.1    M2C and its participating merchants are the owners or licensees of all copyright intellectual property rights (including, but not limited to, all copyrights, patents, trademarks, service marks, trade names, designs, "look and feel" and other information, images, files and sounds and non-literal elements contained on or available on the Site or Services). Title, ownership rights and intellectual property rights in and to the content accessed using the Site or the Services may be protected by applicable copyright or other law. All such rights are reserved.

10.2    You may print off one copy, and may download extracts, of any page(s) from the Site or Services for your personal reference, but M2C or participating merchant's status (and that of any identified contributors) as the authors or licensees of material on our Site must always be acknowledged. You must not use any part of the materials on our Service for commercial purposes without first obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our Service in breach of these Terms of Use, your right to use our Service will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10.3    M2C, its logo, and other M2C's trademarks, service marks, graphics, and logos used in connection with the Site or Services are trademarks or registered trademarks of M2C in Singapore and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or licence with respect to any of M2C trademarks and any use of such trademarks.

10.4    M2C undertakes to defend you or, at its option, settle any claim or action brought against you alleging that the possession or use of the smartphone application (or any part thereof) in accordance with these Terms of Use infringes the intellectual property rights of a third party. You agree that, if you become aware of any such third party claim, you shall as soon as practicable notify M2C of the claim, specifying the nature of the claim in reasonable detail; and not make any admission of liability, agreement or compromise in relation to the claim without the prior written consent of M2C. You further acknowledge that this constitutes your exclusive remedy and M2C's only liability in respect of such claims.

10.5    For the avoidance of doubt, M2C shall not defend or settle any such third party claim where the claim in question is attributable to your possession, use, development, modification or maintenance of the smartphone application (or any part thereof) other than in accordance with these Terms of Use, use of the smartphone application in combination with any hardware or software if the infringement would have been avoided by not using of that software or hardware, or use of a non-current version of the smartphone application.

10.6    If any such third party claim is made, or in M2Ci's reasonable opinion is likely to be made, against you, M2C may at its sole option and expense: (i) procure for you the right to continue using the smartphone application in accordance with these Terms of Use; (ii) modify the smartphone application so that it ceases to be infringing; (iii) replace the smartphone application; or (iii) terminate your user account or the Services.

10.7    All comments, suggestions, ideas, notes, drawings, concepts or other information disclosed or offered to us by you, whether in response to solicitations by us or otherwise, shall be deemed to be and shall remain M2C's property and you hereby agree to assign by way of present and future assignment all intellectual property rights in such material to us.

11. Force Majeure

M2C, its affiliates, officers, employees and service providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of any content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

12. Third Party Rights

A person who is not a party to these Terms of Use shall not have any rights under or in connection with it by virtue of the Contracts (Rights of Third Parties) Act, except for Apple and Apple Inc.'s affiliates, which are third party beneficiaries of these Terms of Use and may enforce these Terms of Use against you as a third party beneficiary hereof.

Nothing in these Terms of Use shall affect M2C's right to terminate, rescind or agree with you any amendment or variation of these Terms of Use, or for you to cancel your user account, without recourse to any third party.

13. Applicable law and jurisdiction

The Site (excluding links to third-party sites) is owned, operated and controlled by M2C. While M2C has made no effort to publish the Site other than Singapore and such other jurisdictions, which M2C may decide from time to time, because this Site is published on the World Wide Web it is accessible in Singapore and in other countries. Each of these places has laws that may differ from those of Singapore and from each other. You and M2C both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing and/or using the Site or using the Services, you and M2C explicitly agree that all disputes, claims or other matters arising from or relating to your use of this site will be governed by the laws of Singapore, without regard to its conflicts of law principles. You agree that all claims you may have against M2C arising from or relating to the operation or use of this web site will be heard and resolved in a court of competent subject matter jurisdiction located in Singapore. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access this Site or use the Services from locations other than Singapore, you will be responsible for compliance with all applicable laws of such other jurisdiction.

14. General Information / Miscellaneous Provisions

14.1    Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

14.2    This Agreement and the Privacy Policy contains all terms applicable to any use of this Site and the Services and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. We do however draw your attention to our right in Section 1 to modify the Agreement and the Privacy Policy at any time and in the event of such modification, the updated Agreement and Privacy Policy shall prevail.

14.3    The failure of M2C to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by to be invalid by a court of law, the other provisions of the Agreement shall remain in full force and effect.

14.4    If any court or competent authority finds that any provision of these Terms of Use (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Use shall not be affected. If any invalid, unenforceable or illegal provision of these Terms of Use would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.