Singapore legislation
Clause 36
Clause 36
Cancellation of payments and agreements made in response to appeals
(1)
Where —
a person (referred to in this subsection as the donor), in response to any such solicitation or representation referred to in section 35(1), (2) or (3) which is made in the course of a radio or television programme, makes any payment exceeding the prescribed amount under section 35(4) to the relevant fund-raiser by means of a credit card or a debit card; and
before the end of the period of 7 days beginning with the date of the solicitation or representation, the donor serves on the relevant fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the payment,the donor shall, subject to subsection (4), be entitled to have the payment refunded to him forthwith by the relevant fund-raiser.
(2)
Where —
a person (referred to in this subsection as the donor), in response to any solicitation or representation falling within section 35(4), enters into an agreement with the relevant fund-raiser under which the donor is, or may be, liable to make any payment or payments to the relevant fund-raiser, and the amount or aggregate amount which the donor is, or may be, liable to pay to him under the agreement exceeds the prescribed amount under section 35(4); and
before the end of the period of 7 days beginning with the date when he is given any such written statement referred to in section 35(4), the donor serves on the relevant fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the agreement,the notice shall operate, as from the time when it is so served, to cancel the agreement and any liability of any person other than the donor in connection with the making of any such payment or payments, and the donor shall, subject to subsection (4), be entitled to have the payment made by him under the agreement refunded to him forthwith by the relevant fund-raiser.
(3)
Where, in response to any solicitation or representation falling within section 35(4), a person (referred to in this subsection as the donor) —
makes any payment exceeding the prescribed amount under section 35(4) to the relevant fund-raiser; and
does not enter into any such agreement as is mentioned in subsection (2),then, if before the end of the period of 7 days beginning with the date when the donor is given any such written statement referred to in section 35(4), the donor serves on the relevant fund-raiser a notice in writing which, however expressed, indicates the donor’s intention to cancel the payment, the donor shall, subject to subsection (4), be entitled to have the payment refunded to him forthwith by the relevant fund-raiser.
(4)
The right of any person to have a payment refunded to him under subsection (1), (2) or (3) —
is a right to have refunded to him the amount of the payment less any administrative expenses reasonably incurred by the relevant fund-raiser in connection with the making of the refund, or (in the case of a refund under subsection (2)) dealing with the notice of cancellation served by that person; and
shall, in the case of a payment for goods already received, be conditional upon restitution being made by him of the goods in question.
(5)
Nothing in subsections (1), (2) and (3) shall have effect in relation to any payment made or to be made in respect of services which have been supplied at the time when the relevant notice is served.
(6)
In this section, any reference to the making of a payment is reference to the making of a payment of whatever nature and (in the case of subsection (2) or (3)), a payment made by whatever means, including a payment made by means of a credit card or a debit card; and section 35(5) shall have effect for determining when a payment is made for the purposes of this section as it has effect for determining when a payment is made for the purposes of section 35(4).
(7)
In this section, “the relevant fund-raiser”, in relation to any solicitation or representation, means the professional fund-raiser or commercial participator by whom it is made.