This agreement is between you and Tbay Limited. The website and all the related services are owned and managed by Tbay Limited. By registering for an account on Tbay.store or using any associated website, API, or mobile application (collectively referred to as the "Tbay Site"), you acknowledge that you have read, understood, and agreed to the terms and conditions outlined in this agreement.
Tbay is mainly a gift card trading platform that also offers other digital services like bill payment etc. Tbay enables users to conduct gift card exchanges for cash from the comfort of your home through its website and mobile applications (available for both Android and iOS). Tbay is not a financial services provider and does not operate as an investment platform. By using the Tbay services, you acknowledge and understand the nature of the platform and agree to its terms of use.
1.1 We reserve the right to update these Terms at any time at our discretion. Changes will take effect once posted on the Website. If you have provided us with an email address, we will notify you about updates to these Terms.
1.2 It is your responsibility to review the Terms each time you use the Services. Continuing to use the Services indicates your acceptance of the current Terms.
1.3 Any delay or failure by Tbay to enforce any part of these Terms does not waive any rights under them.
2.1 "Company," "us," "our," "we," "Tbay," and "Tbay.store" refer to Tbay Limited., a company registered under Singaporean law.
2.2 "You," "your," and "user" refer to individuals accessing or using the Website and Services.
2.3 "Website" refers to any URL operated by Tbay.
2.4 "Business Day" refers to a day other than a public holiday, Saturday, or Sunday in Singapore.
2.5 "Services" encompass all features provided via the Website or any local applications, including Wallet and Gift card transaction services.
2.6 "Communication" includes email correspondence.
2.7 "Online Points" refers to points within Tbay ecosystem that you will receive for selling gift cards.
3.1 By using the Services, you confirm that you:
(a) Are of legal age to accept these Terms.
(b) Have not previously been suspended or banned from using the Services.
3.2 If you are using the Services on behalf of a legal entity, you confirm that:
(i) The legal entity is duly organized and valid under the relevant jurisdiction's laws.
(ii) You are authorized to act on behalf of that entity.
4.1 These Terms are governed by and will be interpreted in accordance with Singaporean law. Any disputes related to these Terms or your use of the Website or Services will be resolved exclusively in Singaporean courts. Nothing in these Terms affects your statutory rights under Singaporean law.
4.2 If any section of these Terms is found to be invalid or unenforceable by a Singapore court, the remaining sections will still be valid. Headings in these Terms are for informational purposes only and do not form part of the enforceable provisions.
5.1 We strive to protect your personal information. However, we cannot guarantee the security of any data shared online. By using our Services, you acknowledge the inherent risks of online communication and agree not to hold us responsible for security breaches unless due to our negligence.
5.2 Please refer to our official Privacy Policy document for more details.
6.1 You acknowledge the risks involved in using Online Points, such as hardware malfunctions, software issues, internet failures, malicious software, and third-party interference that could compromise your data and wallet. Tbay is not liable for any disruptions, errors, or delays you may encounter.
6.2 You recognize the risks associated with using the Online Points network, including potential vulnerabilities or changes to the network protocol. Tbay has no control over these networks and is not liable for any damages arising from such risks.
6.3 While we make efforts to ensure the accuracy of information on the Website, we make no guarantees regarding the contents, services, or security of any third-party websites linked through the Website.
6.4 Tbay is not liable for any losses or damages caused by:
(a) User errors (e.g., forgotten passwords or incorrect transactions).
(b) Server failures or data loss.
(c) Corrupted Wallet files.
(d) Unauthorized access to applications.
(e) Malicious third-party activities like phishing, viruses, or brute-force attacks.
6.5 We do not guarantee that the Website or its servers are free of viruses or errors, that the content is accurate, uninterrupted, or that defects will be corrected. We are not liable for any losses arising from reliance on material or information on the Website.
6.6 Any warranties or conditions, whether explicit or implied, are excluded to the fullest extent allowed under Singaporean law.
6.7 Tbay is not liable for any losses unless caused by fraud or negligent misrepresentation.
6.8 These Terms do not limit liability for death, personal injury, or any other liability that cannot be excluded or limited under Singaporean law.
7.1 You agree to hold Tbay (along with its officers, directors, employees, agents, and affiliates) harmless from any claim, demand, action, damage, loss, cost, or expense (including legal fees) arising from or related to:
7.2 If you are required to indemnify us, we reserve the right, at our sole discretion, to control any proceedings (at our expense) and decide whether to settle the matter.
8.1 While using our Services, you may encounter third-party content or services, including links to external websites. We do not control, endorse, or adopt any such third-party content and are not responsible for any inaccuracies, misleading, incomplete, offensive, or otherwise objectionable material within it. Any interaction or transactions with third parties are at your own risk, and we are not liable for any loss or damage that may arise from these dealings.
9.1 Tbay offers a secure Online Points wallet service to manage your points. We reserve the right to refuse any transaction if required by law or if deemed to violate our terms.
10.1 Once payment is confirmed, the funds will be released. If there’s an issue during a trade that cannot be resolved, either party can dispute the trade. Tbay moderators will investigate the dispute, evaluating the trade terms, instructions, payment evidence, communication logs, user reputation, and past trading history. Decisions will be made based on the evidence provided by both parties, following the Privacy Policy.
11.1 Creating a Wallet is free. However, Tbay charges applicable fees for certain services. These fees will be displayed before you use any service that incurs a charge.
12.1 We reserve the right, at our sole discretion, to modify, suspend, or permanently discontinue any portion of our Services, with or without notice, and at no cost to you.
13.1 We may suspend or terminate your access to our Services, at our sole discretion, immediately and without notice, including deactivating your Wallet, with no cost to you, especially if you breach any term of these Terms. If termination occurs due to evidence of malicious behaviour or failure to comply with the User Agreement, we reserve the right to retain your funds in related orders.
14.1 By using the Services, you agree not to:
15.1 Unless otherwise stated, all intellectual property rights on the Website and any content associated with our Services are owned by Tbay or its licensors or suppliers, and are protected by applicable intellectual property laws. We do not grant you any implied license to use the content on the Website.
15.2 You acknowledge that the materials and content on the Website are provided solely for your personal, lawful, non-commercial use. You may only use these materials to engage with the Website. Any other use of content is strictly prohibited, and you agree not to infringe on or allow others to infringe on Tbay’s intellectual property rights.
15.3 You agree to retain all copyright and proprietary notices on any copies of the material you make from the Website. Failure to do so will not affect Tbay’s intellectual property rights.
15.4 You are not allowed to sell, modify, publicly display, distribute, or use the materials on the Website for any commercial purposes. Using the materials on other websites or file-sharing platforms is prohibited.
15.5 You may not copy any content from the Website or accessible through the Website without our prior written permission. All rights not explicitly granted here are reserved by Tbay.
16.1 Tbay is committed to improving its Services and the Website. If you have ideas or suggestions for improvements, we would love to hear them. However, any submission will be subject to these Terms.
16.2 Any disclosure of ideas, feedback, or related materials to Tbay or its affiliates will not be subject to any confidentiality obligations or compensation expectations.
16.3 By submitting any ideas, feedback, or materials that may be subject to intellectual property rights ("Work"), you grant Tbay a non-exclusive, perpetual, worldwide, royalty-free license to use the Work for any purpose. You waive any moral rights to the extent permitted under applicable law, and you confirm that the Work is original, with no rights held by third parties. Tbay Limited is free to implement and use the Work without needing permission or a license from any third party.
16.4 Tbay reserves the right to remove any submissions or postings you make to the Website at its discretion, without prior notice or explanation.
You may contact us via email at [email protected].
18.1 If either you or Tbay is delayed or prevented from fulfilling any obligations due to a Force Majeure Event, such delay or failure will not be considered a breach of these Terms, and no loss or damage may be claimed as a result.
19.1 These Terms constitute the entire agreement between you and Tbay regarding their subject matter. They supersede any prior agreements between you and Tbay. You may not assign your rights or obligations under these Terms without obtaining our prior written consent.