| Definitions and
Interpretation
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. |
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| Introduction
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:
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| 1 | The Service
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.
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| 1.1 | Personal representation
The Client is acting personally and not
in the interests of a third party or undisclosed persons.
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| 1.2 | Delivery of payment
The Client will receive the purchased
delivery after payment of the full sold amount is received by the
Company.
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| 1.3 | Financial advice
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.
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| 1.4 | License
The Company is regulated by the Monetary
Authority of Singapore (license number 00773) in Singapore and the
Joint Financial Intelligence Unit in Hong Kong.
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| 1.5 | Entire Agreement
These Conditions and any agreements
including the Company’s Online Counter ? Terms of Use will constitute
the entire agreement and understanding of the parties and supersede
all oral communications and prior writing relating to them provided
that neither party may exclude liability for fraudulent
misrepresentation or fraud.
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| 1.6 | Notice Delivery
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.
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| 2 | Instructions
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.
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| 2.1 | Binding transactions
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.
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| 2.2 | Rates
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.
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| 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.
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| 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.
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| 2.5 | Cancellations
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.
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| 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.
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| 2.7 | Trace requests
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.
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| 3 | Payment details | |
| 3.1 | Payment
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.
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| 3.2 | Beneficiary account
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.
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| 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.
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| 3.4 | Cleared funds
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.
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| 3.5 | Non-payment
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.
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| 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.
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| 3.7 | Transaction delay
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.
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| 4 | Exchange rates and standing orders | |
| 4.1 | Advance settlement
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.
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| 4.2 | Binding agreement
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.
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| 4.3 | Rates
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.
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| 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.
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| 5.2 | Notification
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.
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| 5.3 | Costs
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.
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| 5.4 | Monies owed
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.
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| 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.
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| 6.2 | Currency fluctuations and
funding
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.
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| 6.3 | Incomplete information
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.
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| 6.4 | Third parties
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.
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| 6.5 | Limited liability
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.
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| 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)
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| 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.
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| 6.8 | Indemnity
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.
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| 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.
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| 6.10 | Force majeure
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.
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| 7 | Anti-money laundering | |
| 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.
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| 7.2 | Blocking transactions
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.
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| 7.3 | Information disclosure
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.
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| 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.
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| 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.
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| 8 | Governing law | |
| 8.1 | Conditions
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.
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| 8.2 | Information
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.
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| 8.3 | Obligations
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.
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| 9 | Privacy policy | |
| 9.1 | Collection and retention of
information
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.
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| 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.
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| 9.3 | Credit checking
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.
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| 9.4 | Information transfer
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.
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| 9.5 | Correct information
The Client acknowledges that all
personal information the Company holds pertaining to the Client must
be kept up-to-date at all times.
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| 9.6 | Protection of information
and accounts
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.
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| 9.7 | Phone conversations
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.
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| 9.8 | Company privacy policy
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.
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| 9.9 | Password privacy
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.
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| 10 | Intellectual property | |
| 10.1 | Rights reserved
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.
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| 11 | Disputes and arbitration | |
| 11.1 |
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.
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| 11.2 |
If a dispute cannot be resolved it may
be submitted to arbitration under local monetary authority guidelines.
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| 12 | Warranties
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.
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| 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.
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