In this Agreement
"Company" means Pay2Home Remittance Services Pte. Ltd. for all Singapore customers accounts and Singapore dealings and P2H (Hong Kong) Pte Limited for all Hong Kong customers, accounts and Hong Kong dealings.
By using the Pay2Home website and services you agree to be bound by Pay2Home’s terms and conditions as set out below. The terms and conditions, fees and charges may be amended without prior warning at Pay2Home's sole discretion. All amended terms, fees and charges shall be effective immediately. Any such amendments are deemed accepted if the Client continues to use the website and services. The Client accepts the following conditions:
The Company agrees to enter into contracts for the purchase and sale of currency on the behalf of the customer (the 'Client') for non-speculative purposes only. The Client has full capacity to instruct the Company to perform the service.
The Client is acting personally and not in the interests of a third party or undisclosed persons.
|1.2||Delivery of payment
The Client will receive the purchased delivery after payment of the full sold amount is received by the Company.
The Company shall not offer opinion nor enter into any discussion with the Client pertaining to financial advice. The Client shall be solely responsible for selecting the timing and nature of all transactions.
The Company is regulated by the Monetary Authority of Singapore (license number 00773) in Singapore and the Joint Financial Intelligence Unit in Hong Kong.
Any notice under this agreement shall be considered delivered; two business days after being posted in the event of it being sent via post, or at the time of receipt of a complete transmission report or acknowledgement from the Client in the case of facsimile or email.
The Client may instruct the Company to perform a transaction by phone, online or via its retail outlets. In reference to all modes of transaction, the Company is not obliged to accept any instruction and may refuse to do so without reason. The Company will have no resultant liability to the Client or any third parties incurred as a result of the service removal.
The transaction is binding as soon as the Client clicks Confirm in the Company's online counter. The details of the transaction will be given in an automated email sent after confirmation.
Rates are locked at the time of confirmation and cannot be changed at the Client's request. The Company reserves the right to change the agreed rate without warning at its sole discretion. Any foreign currency rate displayed prior to the processing date is indicative only. The exchange rate applicable to a transaction will be available on receipt of cleared funds for transfer.
|2.3||Fees and charges
The fee taken at the time the transaction is processed is the Company commission, it is not intended to substitute or replace any costs related to the delivery of the transaction. If the Client requests an amendment after the payment has been sent, an additional fee may be charged. There will be generally be no extra charges issued by the Company. However, a beneficiary's bank, correspondent, intermediary bank or agent may deduct a fee in certain countries. Fees may also be levied by banks for rejected payments - this fee will be passed on to the Client.
|2.4||Notification of errors
Errors or omissions regarding transactions must be reported to the Company immediately on receipt of the confirmation email. In the case of out-of-hours transactions, the Client is obliged to notify the Company as soon as possible of errors.
On confirmation of a transaction, the Client has entered into a legally binding contract with the Company. The Company risks a loss occasioned by exchange rate fluctuations and as such transactions cannot be amended, cancelled or refunded without prior consent. The Company reserves the right to terminate a transaction at its discretion.
|2.6||Recalls and refunds
The Company cannot guarantee the success of any recalls where a transaction has been made in error. A refund will be made only after the Company receives confirmation from its correspondent or agent that the funds transferred are at the Company's free disposal. Refunds are made subject to payment of the Company's charges and expenses and at the Company's prevailing buying rate for that currency. Refunds will be made in the local currency of the country where the payment was initiated.
Excepting exceptional circumstances, the Company cannot enter into any requests to trace payments prior to three business days from the date of the original transaction. Responses may take up to 30 business days.
Excepting Standing orders, the Client must initiate the transaction payment in full to the Company on the day the transaction is confirmed in accordance with clause 3.4. This relates to the Company's risk at the time and date the exchange rate is locked.
The Client must create a beneficiary in the Company's online counter and provide correct and sufficient details for a delivery to be made. No cross checking of names and accounts will be made by the Company. All beneficiary details must be correct for the successful processing a transaction, the Company will not accept liability for incorrect names, account details or locations resulting in late or non-payment of transactions.
|3.3||Information required to process a transaction
You shall notify the Company on any disputes with regards to the Transaction within 14 days from the date of the Transaction initiation, failing which the Transaction shall be deemed conclusive and final and you shall have no claim against the Company in relation thereto.
The Client must present all fees, charges and the total sold amount in cleared funds pursuant to these conditions prior to the commencement of the transaction without set off, counterclaim or deduction. The client will not be entitled to any interest from the transaction.
Excepting standing orders, the company reserves the right to cancel transactions or recover funds from the Client for non-payment of sold amounts within three days of receipt of the confirmation email in accordance with losses sustained by exchange rate fluctuations as set out in clause 2.3. No transactions will be processed until Client funds have cleared.
|3.6||Ways to pay
Client payment is accepted by telegraphic or electronic transfer or by cash or cheque over the counter at any Pay2Home shop or credit to a Company bank account.
The Company accepts no liability for the delay in receipt of the sent funds as a result of banking cut off times or banking failures, errors or omissions.
|4||Exchange rates and standing orders|
In the event of a standing order, the Client will be advised by automated email of the necessity to deliver the cleared funds to the Company in advance of the transaction date. The details of the dates and requirements will be set out in the confirmation email.
Standing orders are binding agreements from the time of confirmation. The Client must notify the Company of any errors or omissions as set out in clause 2.4.
Rates are locked at the time of confirmation as per clause 2.2.The Company reserves the right to change the agreed rate without warning at its sole discretion.
|5||Transaction termination and set-off|
|5.1||Termination and set off
The Company reserves the right to terminate and close-out with immediate effect any transaction without notice to the Client as a result of any of the following circumstances:
i)The Company determines that any information provided by the Client to the Company is false or inaccurate in any material respect.
ii)The Client breaches the Terms and Conditions or any agreement or fails to adhere to transactional or legal obligations set out by the Company. The Company believes there may be a material risk proved by the Client.
iii)The Client is in breach of any rule or regulation as set out in these Conditions or as set out by the local Monetary Authority.
iv)The Company is requested to cancel a transaction by a court of law or authority. Or it becomes unlawful for the Company to deliver the transaction.
v)The Client does not fund the transaction within the time contractually specified, the Client commits an act of bankruptcy, is filed against for bankruptcy, becomes insolvent, threatens to stop a payment or stops a payment and subsequently neglects obligations as set out in these Conditions.
vi)The Client dies or becomes of unsound mind; or
vii)The Company in its absolute discretion considers termination of one or more transactions for various reasons including but not limited to; the existence of volatile market conditions including exchange rate fluctuations or non-contact with the Client for more than two working days.
If the Client becomes aware of the occurrence of any event referred to in any of the previous clauses, the Client will give the Company notice of such event immediately.
The Client is liable for any costs pertaining to the exercising of rights as detailed in this clause. These costs will be charged at 3 per cent per annum above the Company’s base rate at the time of the transaction(s). As such the Client authorizes the Company to access any accounts held to make good any outstanding debts.
The Client acknowledges that the Company may offset monies held in the Client’s account as payment for outstanding debts or monies owed. This clause will not limit any right of set-off, combination of accounts, or rights of retention or withholding that the Client may have at law or in equity.
|6||Limitation of Liability|
|6.1||Delays and Errors
The Company accepts no liability for delays, faults or errors of any kind including technical and electronic issues and will in no circumstances be liable for any costs or losses of any kind incurred by the Client as a result of a delayed transaction.
|6.2||Currency fluctuations and
The Company will not be liable for any claim arising from currency fluctuations or unavailability of cleared funds. The Company will not be liable for any claim arising as a result of currency fluctuations between the confirmation and payment date as a result of incorrect or incomplete transaction details.
The Company shall not be liable for any loss or damage whatsoever due to erroneous or incomplete information provided by the Client. The Company shall not be liable for any delay due to error or failure to locate or identify the beneficiary.
The Company shall not be responsible for refusal or inability of the Company's correspondent or agent to effect the payment by reason of any law, act or decree of any Government. The Company shall not be liable for any other cause or reason whatsoever beyond the Company's correspondent's or agent's control.
The total liability to the client for any breach of obligations as described in this agreement or any transactions it relates to shall be limited to the total amount paid by the client in the transaction in question. The Company will not be liable for any losses directly or indirectly associated with the transaction.
|6.6||Service level agreement
The Company shall exercise due diligence to fulfill all aspects of its contractual obligations to the Client in a timely manner but the Company cannot guarantee a payment date or time of delivery and accepts no liability for delayed or cancelled transactions. (See clause 5.7)
|6.7||Transaction processing times
As processing times vary by country, Clients are advised to check with customer services on transaction delivery times. All times given will be approximate. A transaction will normally be received within one to two business days by the Company's overseas bankers, correspondents or partners. However, if there is an intermediary, it may take longer to forward the funds to a Client's beneficiary. In some instances, the time required for the delivery of a transaction may exceed seven business days. This may be the result of transactions occurring over holiday periods or weekends. The Company accepts no liability for the delays or losses sustained in these instances as detailed in clause 5.6.
The Client shall keep the Company fully indemnified from and against all liabilities, damages and costs incurred in exercising its rights as given in this agreement.
|6.9||Third party fees
The Company shall in no way be liable for third party fees, taxes or charges, this includes beneficiary bank charges.
The Company shall not be responsible for any losses or charges sustained as a direct or indirect result of force majeure, unforeseeable circumstances or situations beyond its control.
|7.1||Breach of international law
In arranging a transaction with the Company, the Client warrants that the payment of monies in accordance with the Client's instructions to the Company does not breach any laws in Singapore, Hong Kong or any other country.
The Company may delay, block or refuse a remittance, if it believes on reasonable grounds that the transaction breaches any law in Singapore, Hong Kong or any other country.
The Client consents that the Company, it's officials, employees, correspondents and agents may disclose information regarding the Client's account and or transaction details as deemed appropriate for the purposes of legal investigations in compliance with law, regulations, guidelines or directives, and such other requirements of regulatory authorities in Singapore, Hong Kong or any other country. The Company is under no obligation to advise the Client of the disclosure of personal information at the request of a law enforcement service.
|7.4||Know your customer
The Client accepts and acknowledges the need for compliance with the Know your customer guidelines in accordance with international monetary authority requirements. The Client agrees to provide identity documents as requested by the Company in accordance with these regulations.
|7.5||Anti-money laundering checks
The Company may carry out verification procedures as it deems appropriate including anti-money laundering checks by electronic and any other means necessary including providing information to third parties as requested. The Company is under no obligation to advise the Client of the disclosure of personal information. The Company reserves the right to take resulting actions such as cancelling a transaction or blocking funds with no liability to the Client or third party.
The conditions of this agreement shall be governed according to the laws of Singapore. The Client consents and submits to the jurisdiction of the courts of Singapore.
The Client is requested to provide all necessary information as requested which includes but is not limited to passport, driving license, employment pass and identity card.
It is the Client's obligation to acknowledge and verify that they are acting within the laws, regulations and directives of any governing country in any jurisdiction where they send or receive money.
|9.1||Collection and retention of
The Client acknowledges that the Company collects and retains all information pertaining to the Client. The Client gives consent for the handling of personal information and data and also to provide further information if requested to do so.
|9.2||Use of information
Personal information and documentation is required in order to comply with the Company's internal regulations - to become a confirmed customer and also for external compliance reasons as detailed in clause 6.4.
The Client consents to the Company's request to use electronic databases to perform credit checks from time to time. The Company may also contract third parties if appropriate to perform further account checks as part of international monetary regulations.
The Client accepts that the Company may be requested to disclose the aforementioned information to a third party when requested to do so by law or by a regulatory body.
The Client acknowledges that all personal information the Company holds pertaining to the Client must be kept up-to-date at all times.
|9.6||Protection of information
The Company will protect the Client's account information at all times using secure encryption techniques online and will use due diligence to prevent its systems from a security breach, an invasion of privacy, theft or fraudulent behavior. However, the Company will in no way be liable for any loss, damage or theft as a result of a security breach to its systems.
The Client consents to recordings by phone, email, messenger or SMS message without an automatic warning tone. The contents of these messages may be used as evidence in any dispute in relation to dealings between the Client and the Company.
The Company will not sell, publish or pass on Client's personal information or transaction details unless requested to do so by law or by the Client.
The Client will be prompted to provide a username and password followed by dual factor authentication (a one-time password) in order to transact on the Company's website. Clients are not permitted to share their username and password or their one-time password. All transactions entered into by the Client are therefore deemed to be authorised by them.
The Company's website and group of websites, the service, images, content and all related intellectual property are owned by Pay2Home Remittance Services Pte. Ltd and shall remain the property of the Company. All rights are reserved. The Client is permitted to print and retain transactional pages of the Company's website for non-commercial use only.
|11||Disputes and arbitration|
Any dispute in relation to a transaction, this agreement or any service received by the Client from the Company must be received by the Company in writing in the first instance.
If a dispute cannot be resolved it may be submitted to arbitration under local monetary authority guidelines.
While we have made every effort to ensure that information is free from error, the Pay2Home group of companies does not warrant the accuracy, adequacy or completeness of material on this website. All information is subject to change without notice. Pay2Home recommends that you conduct your own research and or seek independent advice before acting upon material on this website. Pay2Home does not guarantee that the Pay2Home will be free from viruses, or that access to the Pay2home website will be uninterrupted.
|13||Limitation of liability
Subject to any responsibilities implied by law and which cannot be excluded, no member of the Pay2Home group of companies is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on the Pay2Home website, whether in contract, tort including negligence, statute or otherwise.