1. ISSUE OF TEMPORARY CARD ("Temp Card")
1.1. Temp Cards are contactless smart cards issued by TransitLink for use on public bus and/or rail systems operated by public transport operators which are licensed by the relevant authorities in Singapore ("Operators").
1.2. Temp Cards are issued by TransitLink to Ticket Holders whose concession ez-link cards issued by Citibank N.A. Singapore Branch under EZ-Link Pte Ltd ("ez-link Cards") have become defective and are thereby unable to be used for continued travel on public bus and/or rail systems.
2. CONDITIONS OF ISSUE
2.1. All Temp Cards are issued by TransitLink on behalf of each of the Operators subject to these conditions ("Conditions") of issue which shall be binding on all persons (collectively referred to as "Ticket Holders" and each a "Ticket Holder") to whom or on whose behalf any Temp Card is issued, or who otherwise acquires a Temp Card.
2.2. The purchase of the Temp Cards and/or the subsequent use thereof by the Ticket Holder shall be deemed to be acceptance by the Ticket Holder of these Conditions.
2.3. The Ticket Holder agrees: - (i) to comply with all the notices, guidelines, rules and instructions pertaining to the use of the Temp Card as issued by TransitLink from time to time, including operating rules or policies that may be published from time to time by TransitLink; (ii) to abide by all applicable laws and regulations in his use of the Temp Card; (iii) not to tamper or allow anyone to tamper with the Temp Card; (iv) to use the Temp Card only as a means of payment of fares for travel on designated services operated by the Operators; (v) not to intentionally deface, damage and/or destroy the Temp Card; and (vi) not to affix, print, attach or place anything or any markings, stickers, objects and/or any other material onto the Temp Card or to otherwise alter, remove or replace any notices, trade marks, trade names, logos, artwork or designs on the Temp Card.
2.4. For the purposes of these Conditions, "Stored Value" shall mean the initial monetary value paid for and stored in a Temp Card or the residual value remaining therein from time to time and "Enhanced Integrated Fare System" shall refer to the hardware and software used by TransitLink in relation to the Temp Cards.
3. OWNERSHIP OF TEMP CARDS
3.1. All Temp Cards shall remain the property of TransitLink and shall be produced at any time for inspection on demand by any officer, employee or agent of TransitLink or of any of the Operators while the Temp Cards are used or proposed to be used for travel.
3.2. All Temp Cards which have been returned to or replaced by TransitLink, or for which refunds have been made by TransitLink shall be retained by TransitLink.
3.3. TransitLink shall be entitled without assigning any reason therefore to forfeit and/or retain any Temp Card which it reasonably suspects or has reason to believe to have been improperly issued, stolen and/or tampered with.
4. VALIDITY OF TEMP CARDS
4.1. Temp Cards are valid for use only by passengers eligible for concession ez-link Cards and whose name and NRIC/passport number are encoded in the Temp Card.
4.2. Temp Cards are valid for use for a period of up to 10 days from the date of issue.
5. TRANSACTIONS
5.1. The Temp Cards shall and can be used as a means of payment of fares for travel on designated public bus and/or rail systems operated by Operators subject always to these Conditions.
5.2. TransitLink and/or any of the Operators may reject the use of the Temp Card for payment of fares if:-
(a) the Temp Card has expired; or
(b) the Temp Card is suspected to have been improperly issued, stolen or tampered with; or
(c) the Stored Value of the Temp Cards is insufficient or has been exhausted; or
(d) the Enhanced Integrated Ticketing Fare System is unable to process the payment for any reason whatsoever or if a force majeure event (as defined in paragraph 15) arises which disables or prevents any of the Operators from accepting or processing the Temp Cards as a means of payment.
5.3. Each Operator determines the fares payable and the manner in which such fares are payable. The Ticket Holder agrees to the deduction from the Stored Value of all such fares as may be determined by the Operators.
6. REDUCTIONS ON TRANSFERS IN RELATION TO JOURNEYS
6.1. Ticket Holders using a Temp Card for a journey that involves a transfer may but not necessarily be entitled to a reduced fare for the part of their journey involving the transfer. A reduced fare is extended only if the transfers take place between eligible services and within the allowable time in accordance with policies established by TransitLink and/or the relevant Operators. These conditions may be amended from time to time at the discretion of TransitLink and/or the relevant Operators and any notice given by TransitLink and/or the relevant Operators with regard to such amendment shall be binding on, and be given full force and effect by, the Ticket Holder. Further, the level of fare reduction may vary for different services and certain services may not offer the possibility of a reduced fare at all.
6.2. In circumstances where an expected reduction from the fares is not given on the transfer although the conditions for a reduction have been met, TransitLink will refund the additional amount paid if:
(a) the claim is made at any TransitLink sales office or through the TransitLink Hotline within 3 days of the incident;
(b) the claim is accompanied by the Temp Card used (or that was intended to be used), or where the claim is reported through the TransitLink Hotline, and the card number printed on the back of the Temp Card is provided; and
(c) TransitLink is satisfied, after due investigation, that the claim is valid.
6.3. Any amount properly due can be collected from any Ticket Office ("TO") at MRT stations and bus interchanges during business hours on such date as may be stipulated in any refund application receipt issued by TransitLink or 7 days after the reporting of any claim through the TransitLink Hotline together with the Refund Number allocated by TransitLink at the time of such reporting.
7. LOSS OF TEMP CARDS
7.1. Ticket Holders are responsible for safeguarding their Temp Cards. Officers, employees and agents of TransitLink, TransitLink and/or any of the Operators accepting a Temp Card for payment are not responsible for any losses incurred due to the loss of a Temp Card and have no obligations whatsoever to prevent the use of a lost Temp Card by a person other than the Ticket Holder.
7.2. Ticket Holders must produce the Temp Card when applying for or on obtaining a replacement of their concession ez-link Card, failing which, they will be liable to pay an administrative charge of $10.00 for the lost Temp Card.
8. DETERMINATION OF VALUE IN TEMP CARD
8.1. The determination by TransitLink as to the Stored Value of a Temp Card for the purposes of Clauses 9 and 10 shall be final and conclusive. For the purpose of such determination, the value as determined by TransitLink from either the value encoded in the Temp Card or the records of TransitLink or the information generated by the Enhanced Integrated Fare System shall, save for manifest error, be deemed to be conclusive and binding against the Ticket Holder.
9. REPLACEMENT OF DEFECTIVE TEMP CARDS
9.1. Subject to paragraphs 8, 9.2, 9.3, 9.4 and 9.5 below, a replacement for a defective Temp Card can only be obtained by the Ticket Holder if the defective Temp Card is presented at any TO at MRT stations and bus interchanges. The replacement Temp Card shall only be encoded with the Stored Value due to the Ticket Holder on his/her defective Temp Card as determined by TransitLink in the manner provided in paragraph 8. The defective Temp Card shall be surrendered to TransitLink upon such request for replacement. For the purposes of these Conditions, a Temp Card shall only be regarded as "defective" in the event its encoded electronic data cannot be reliably read for any reason whatsoever as determined by TransitLink.
9.2. Other than as provided in paragraph 9.1 above, TransitLink is not obligated to replace any Temp Card (whether defective or not). Notwithstanding the foregoing provision, TransitLink may at its absolute discretion replace a Temp Card, and any such replacement may be made subject to conditions imposed by TransitLink.
9.3. In any case, TransitLink will not be liable to replace a Temp Card if:-
(a) the Temp Card is not presented at the time of request for replacement, or
(b) the Temp Card has been intentionally damaged or tampered with as determined by TransitLink.
9.4. A Ticket Holder who presents a Temp Card for replacement shall, at the request of TransitLink, produce his/her NRIC or passport (in the case of non-Singapore citizens) for inspection. TransitLink may at its absolute discretion refuse any request for replacement of the Temp Card, if the Ticket Holder does not produce his/her identification.
9.5. The determination by TransitLink as to the amount of Stored Value on a defective Temp Card shall be final and conclusive (see paragraph 8 above). TransitLink reserves the right to make subsequent adjustments to such determination should any transaction records received later indicate a different value than that determined at the time of replacement.
10. REFUNDS
10.1. Subject to paragraphs 4, 8, 10.2, 10.3, 10.4, , a refund of the Stored Value of a Temp Card (whether valid or expired) can only be obtained by a Ticket Holder if the Temp Card is presented at the TransitLink Customer Service Centre. The Stored Value remaining on such Temp Card (whether valid or expired) shall be determined by TransitLink from either the value encoded in the Temp Card or the records of TransitLink or the information generated by the Enhanced Integrated Fare System and will be refunded free of interest. However, no refund of any part of the Stored Value of a Temp Card will be made on any Temp Card after 1 year from the date of issue . Any refund (whether on a valid or expired Temp Card) may be subject to an administrative fee as determined from time to time by TransitLink. The Temp Card shall be surrendered to TransitLink upon such refund.
10.2. Other than as provided in paragraph 10.1 above, TransitLink is not obligated to make a refund to any Ticket Holder or to process any Ticket Holder's request for refund on any Temp Card (whether valid or expired). Notwithstanding the foregoing provision, TransitLink may at its absolute discretion make a refund or process a refund in respect of the Stored Value or any part thereof, and any such refund may be made and/or processed subject to conditions imposed by TransitLink.
10.3. In any case, TransitLink will not be liable to make a refund of the Stored Value if :-
(a) the Temp Card is not presented at the time of a request for refund; or
(b) the encoded electronic data on the Temp Card is erased wholly or in part, or otherwise altered or interfered with; or
(c) neither the electronic data on the Temp Card nor the external card number on the Temp Card can be reliably read for any reason whatsoever; or
(d) the Temp Card has been intentionally damaged or tampered as determined by TransitLink; or
(e) the Ticket Holder does not produce his/her identification upon request by TransitLink.
10.4. The determination by TransitLink as to the amount of refund on a Temp Card shall be final and conclusive (see paragraph 8 above). The Ticket Holder shall, upon receipt of the refund, be deemed to have accepted the amount thereof as correct, and agrees to discharge TransitLink from any liability whatsoever to the Ticket Holder, including but not limited to any shortfall or error in the amount of such refund.
11. EXCLUSION OF LIABILITY
11.1. TransitLink is not and does not hold itself out as an agent, representative, partner or joint venturer of any Operator. None of the Operators are in any way authorised to make any representation or warranty or enter into any contract on behalf of TransitLink, or to incur any liability or obligation on behalf of TransitLink. Notwithstanding anything to the contrary contained herein, TransitLink shall not in any way be liable for any act, omission or negligence of any of the Operators.
11.2. Notwithstanding anything to the contrary contained herein, neither TransitLink nor any Operator shall be liable, whether or not arising out of the negligence of TransitLink or any Operator or any of their respective officers, employees or agents, for any losses, damages, expenses, claims, liability and costs (including cost on a solicitor and client basis) that the Ticket Holder may incur or suffer in connection with:-
(a) the use or issue of Temp Cards; or
(b) any delay in issuing of Temp Cards or suspension or discontinuance in issuing of Temp Cards; or
(c) any delay or detention arising from use of Temp Cards (including damaged or defective Temp Cards).
11.3. Damaged or defective Temp Cards may not be accepted in the equipment used by the Operators. Neither TransitLink nor any Operator shall be liable for any loss, delay or inconvenience that may be incurred if the Temp Card is not accepted in or by such equipment.
12. AMENDMENT
12.1. TransitLink may from time to time amend any part of these Conditions. TransitLink will give notice of any amendment by posting the same at any Passenger Service Centre or TO at MRT stations and bus interchanges and/or such other premises as may be determined by TransitLink.
12.2. The Ticket Holder agrees and accepts that any notification of amendments as stated above in paragraph 12.1 shall be sufficient notice to effect any amendment by TransitLink to any part of these Conditions. If the Ticket Holder does not accept any amendments, he/she shall cease all use of the Temp Card. The Ticket Holder's continued use of the Temp Card after the date of such notification shall constitute an affirmative acknowledgement by the Ticket Holder of the amendments and shall be deemed to be the Ticket Holder's acceptance of such revised Conditions.
12.3. Further, the services available for acceptance of the Temp Cards may be extended from time to time and may incorporate services established by service providers other than the existing Operators. In the event of such extension, these Conditions shall apply to those service providers in like manner and in relation to any such service provider as though the service provider is an "Operator". The above is further subject to the right of TransitLink to modify these Conditions in relation to the additional services as TransitLink may deem appropriate in the circumstances.
13. NO WAIVER
13.1. No failure or delay on the part of TransitLink or any Operator in exercising any power, right, or remedy under these Conditions shall operate as a waiver of such power, right, or remedy. Nor shall any single or partial exercise of any power, right, or remedy preclude the further or other exercise thereof, or the exercise of any power, right, or remedy that it may have.
14. RIGHT OF THIRD PARTIES
14.1. Other than the respective Operators, each of which shall be entitled to the benefit of, and to enforce in its own right, any provision of these Conditions which may be relevant to such Operator to the fullest extent permitted by the Contracts (Rights of Third Parties) Act ("Act"), a person or entity who is not a party to these Conditions shall have no right under the Act to enforce any term of these provisions, regardless of whether such person or entity has been identified by name, as a member of the class or as answering a particular description. For the avoidance of doubt, nothing in this paragraph shall affect the rights of any permitted assignee or transferee of these Conditions.
14.2. None of the Operators is an agent of TransitLink nor is TransitLink an agent of any Operator in respect of any of the matters set forth in these Conditions, and none of them will be liable for any act or omission on the part of any other of them.
15. FORCE MAJUERE
15.1. Neither TransitLink nor any Operator shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Conditions, in the Enhanced Integrated Fare System's operation, if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control which includes without limitation: - (i) flood, lightning, acts of God, exceptional weather conditions, floods, droughts, storms, lightening, high winds, typhoons, fire, earthquakes and other natural disasters (ii) impacts with or by air crafts or ariel objects, terrorism (whether actual or threatened), explosions, wars, war-like operations, hostilities, insurgencies, invasions, epidemics, quarantines, acts of foreign or public enemies, hi-jacking or unlawful seizure or wrongful exercise of control of vehicles, curtailment of transportation facilities, civil commotion, riots, strikes or lock-outs on a city or industrial scale, industrial disputes, industrial actions by workmen, shortage of labour, goods and materials (iii) judgements, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact (iv) power failures (v) acts or defaults of any telecommunications network operator (vi) circumstances where communications lines and/or computer systems cannot be used for reasons attributable to any telecommunications carriers and (vi) acts or omissions of any third party.
16. INDEMNITY
16.1. The Ticket Holder hereby undertakes and agrees to indemnify TransitLink and keep TransitLink at all times fully indemnified from and against all actions, proceedings, claims, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of TransitLink) on a solicitor and own client basis, awards, damages, losses and/or expenses however arising directly or indirectly by reason of and/or as a result of any breach or non-compliance by the Ticket Holder of the terms and conditions herein.
17. GOVERNING LAW
17.1 The construction, validity and performance of these Conditions shall be governed by and construed in accordance with Singapore law. Each party mentioned herein hereby submits to the non-exclusive jurisdiction of the Singapore courts.
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