General Terms and Conditions for Mobile Remittance (Remittance Service)
1. Definitions and Interpretations 1.1 In these General Terms and Conditions for Remittance Service, the following words and expressions shall have the following meanings: 1.1.1 “AML” means anti-money laundering. 1.1.2 “Beneficiary” in relation to a Customer, means an individual who is designated by such Customer to receive funds via the Remittance Service, subject nevertheless to Clause 3.5. 1.1.3 “Business Day” means a day, other than a Saturday, Sunday or public holiday in Singapore, on which banks are open for the transaction of general business in Singapore. 1.1.4 “CFT” means countering the financing of terrorism. 1.1.5 “Converted Amount” means, in respect of a Remittance Service Transaction, the amount in the currency of the relevant Territory that is credited into a Beneficiary’s bank account or a Beneficiary’s Mobile Wallet Balance or made available by the relevant MTO Cash-Out Agent for a Beneficiary’s self-collection, after converting the Remittance Amount based on the applicable Exchange Rate for the time being, subject nevertheless to the relevant terms of the MTO Cash-Out Agent, which may apply to such transaction. 1.1.6 “Customer” means a natural person whose Registration Application has been accepted by MatchMove and in relation to whom the provision of the Remittance Service by MatchMove has not been suspended or terminated for any reason whatsoever. 1.1.7 “Customer Information” means, in relation to a Customer, all information which MatchMove obtains as a result of the Customer’s use of the Remittance Service or in connection with the contract or agreement between the Customer and MatchMove, including any information which relates to a Remittance Service Transaction, information which identifies or which relates to an individual (including Beneficiary), whether true or not, and any information of the Customer collected, used or disclosed as described in the MatchMove Data Protection Policy. 1.1.8 “Exchange Rate” in relation to a Remittance Service Transaction, means the rate at which the Remittance Amount is converted into the Converted Amount. 1.1.9 “General Terms” means these General Terms and Conditions for Remittance Service, including any amendments thereto that MatchMove may make from time to time in its sole and absolute discretion. 1.1.10 “IMDA” means the Info-communications Media Development Authority. 1.1.11 “Intellectual Property” means patents, trade-marks, service marks, trade names, domain names, rights in designs, semiconductor topography rights, database rights of unfair extraction and reutilisation, copyrights (including rights in computer software), rights in know-how and other intellectual or industrial property rights (whether registered or unregistered and including applications for the registration of any of the foregoing) and all rights or forms of protection having equivalent or similar effect to any of the foregoing which may subsist anywhere in the world. 1.1.12 “BOSS Mobile Money” means the application(s) for mobile devices(available for download from a Play Store) offered, operated and maintained by or on behalf of MatchMove from Singapore, whether jointly with any other banks or persons or otherwise, through which certain products, services and functionalities, as MatchMove may determine from time to time at its sole and absolute discretion, are offered and may be accessed and used, and shall include any derivation or upgrade of such applications as may be made available by MatchMove, whether jointly with any other banks or persons or otherwise, from time to time. 1.1.13 “Remittance Service”, also known as or means the cross-border remittance service provided by MatchMove that enables a Customer to remit funds to the Customer’s designated Beneficiaries in the manner and subject to the terms and conditions set out in these General Terms. 1.1.14 “Remittance Service Transaction” means a remittance transaction performed at the Customer’s request using the Remittance Service to transfer funds to a Beneficiary in the relevant Territory. 1.1.15 “MTO” means an overseas money transfer operator who operates an international money transfer network with cash-out agents (such as banks and retail outlets) in the relevant Territory (“MTO Cash-Out Agent”) and who has entered into an agreement with MatchMove to participate in the provision of the Remittance Service. 1.1.16 “MatchMove Data Protection Policy” means the current version of the data protection policy available at www.bossmobilemoney.com or such other internet website as may be maintained in respect of such policy. 1.1.17 “Registration Application” shall have the meaning ascribed to it in Clause 3.1. 1.1.18 “Remittance Amount” means, in respect of a Remittance service Transaction, the amount in Singapore Dollars, as specified by a Customer to be remitted to the relevant Beneficiary when making a Transaction Request (prior to any conversion of such amount). 1.1.19 “Singapore Dollars” or “S$” means the lawful currency of Singapore. 1.1.20 “MatchMove” means MatchMove Pay Pte Ltd (Company Registration Number 200902936W) and its successors. MatchMove is the holder of a remittance licence issued under the Money- Changing and Remittance Businesses Act. 1.1.21 “MatchMove Counter” means a physical counter operated by MatchMove in Singapore to provide services in relation to the Remittance Service to Customers. MatchMove Counter is located at Far East Plaza #02-50B, 14 Scott Road, Singapore 228213. 1.1.22 “Territory” means the Philippines, Indonesia, India, Bangladesh or any other country designated as a participant country by MatchMove in its sole and absolute discretion from time to time. 1.1.23 “Transaction Request” shall have the meaning ascribed to it in Clause4.1. 1.2 The headings or titles to the Clauses in these General Terms are to facilitate reference and shall not be referred to or relied upon in the construction of any provision of these General Terms. 1.3 Where the context so admits, the singular shall include the plural and words in the masculine gender shall include the feminine gender and/or neuter gender and vice-versa. 1.4 Any reference in these General Terms to any Clause shall be construed as a reference to a clause in these General Terms unless otherwise expressly stated. 1.5 The words “include” or “including” in these General Terms shall be deemed to be followed by “without limitation” or “but not limited to” whether or not they are followed by such phrases or words of like import.
2. Eligibility for the application and use of the Remittance Service 2.1 The Customer acknowledges and agrees that in order to be eligible to apply for and to continue to use the Remittance Service: (a)the Customer is required to comply with the provisions of these General Terms including specific criteria in relation to the relevant Territory as set out by MatchMove from time to time; and the Customer is required to register for BOSS Mobile Money and comply with the provisions of BOSS Mobile Money Terms. 2.2 The Customer acknowledges and agrees that the Customer: (a) is of legal age of majority to contract in the jurisdiction in which the Customer resides (and in any event, no less than eighteen (18) years of age) and legally capable and permitted to accede to these General Terms; and (b) has full capacity, authority and legal right to enter into and engage in Remittance Service Transactions, and has taken or obtained all necessary action and consents to authorize the Customer’s entry into and performance of the Customer’s obligations in respect thereof in accordance with all applicable laws and regulations.
3. Registration for Remittance Service 3.1 Any individual who wishes to be registered as a Customer of the Remittance Service must submit an application (in such form as MatchMove may require from time to time) (“Registration Application”) through any one of the following channels: (a) in person at a MatchMove Counter or such other authorized locations as may be determined by MatchMove from time to time; or (b) at road shows organized by MatchMove from time to time. Customer hereby acknowledges and agrees that MatchMove may conduct identity verification or customer due diligence including where there is no face-to-face contact. Each Registration Application must be followed with either the submission, in person and at a MatchMove Counter (or roadshow location if any) or through Boss Mobile Money, of such supporting documentation and information as MatchMove may require from time to time in order to identify the individual. All information provided in or pursuant to such Registration Application must be truthful, accurate and complete as at the time of application and throughout such time as the individual is a Customer of the Remittance Service. MatchMove may take up to three (3) Business Days to process any Registration Application. The Customer shall not manipulate any documentation or information provided to MatchMove at any point. Notwithstanding any obligations contained herein, the Customer shall not be absolved from any liability arising from incorrect, inaccurate, incomplete or tampered information. 3.2 The Customer is also required to provide MatchMove with such information relating to each Beneficiary as may be required by MatchMove, and MTO Cash-Out Agent in the Territory to which the Customer proposes to remit monies to such Beneficiary using the Remittance Service. The information to be submitted by the Customer under this Clause 3.2 shall be submitted by the Customer: (a) in person at a MatchMove Counter or such other authorized locations as may be determined by MatchMove from time to time; or (b) at roadshows organized by MatchMove from time to time. The Customer shall notify MatchMove of any change to a Beneficiary’s information (including in relation to any change of such Beneficiary). 3.3 MatchMove retains the sole and absolute discretion to approve or reject any Registration Application in whole or in part (including in relation to the designation of any Beneficiaries). MatchMove shall not be required to provide any reason or explanation for its decision. Without prejudice to the foregoing, any reason or explanation provided by MatchMove is for information only, shall not be binding on MatchMove, and does not constitute any representation, warranty or undertaking as to future action or otherwise. 3.4 Each individual shall be notified whether his or her Registration Application has been accepted or rejected by MatchMove. 3.5 The Customer may only register for and use the Remittance Service on his own behalf and for the transfer of his own funds and not on behalf of any other person (including natural person or legal person).
5. Refunds 5.1 MatchMove shall not be liable to refund to the Customer the Remittance Amount save under the following circumstances and conditions: (a) where the Remittance Transaction / Transaction Request has been cancelled pursuant to Clause 4.12, upon termination of the Remittance Service to the Customer as provided in Clause 11.6(b) or where MatchMove at its sole and absolute discretion agrees to refund the Remittance Amount (or part thereof); and (b) the Remittance Amount (or part thereof) has not been credited to the Beneficiary’s bank account or the Beneficiary’s Mobile Wallet Balance and/or cashed out by the Beneficiary. 5.2 Where MatchMove approves the Customer’s request for a refund of the Remittance Amount (or any part thereof) pursuant to Clause 5.1, MatchMove will notify the Customer via SMS and/or phone to the Customer’s mobile number registered with the Customer’s BOSS Mobile Money Balance as soon as practicable. Where the Transaction Request was made by the Customer at a MatchMove Counter, the refund shall be made in cash to the Customer in person at the MatchMove Counter. Where the Transaction Request was made by a Customer via SMS or the Boss Mobile Money Application, the refund shall be made by crediting the Customer’s Boss Mobile Money Balance. 5.3 Refunds will be for the amount of the Remittance Amount or the Converted Amount converted into Singapore Dollars at such exchange rate as may be determined by MatchMove at its sole and absolute discretion, whichever is the lesser, less any fees or charges, including any administrative fees charged by MatchMove for any refund, and any fees or charges which may be imposed by the relevant MTO. Refund amounts will not be adjusted to account for changes in the value of the Singapore Dollar against the converted currency from the time that the Remittance Service Transaction was submitted. 5.4 The Customer shall direct all enquiries related to refunds to MatchMove‘s Retail Customer Care at +65 6262-6541.
6. Fees and Charges 6.1 MatchMove shall be entitled to charge the Customer a fee for each Remittance Service Transaction and an administration fee for any refund of the Remittance Amount (or part thereof) in accordance with Clause 5. The quantum of such fees shall be as determined by MatchMove. The Customer may at any time make an enquiry as to the quantum of such fees by calling MatchMove’s Retail Customer Care at +65 6262-6541. 6.2 MatchMove reserves the right to change and amend at any time the fees for the Remittance Service and the administrative fees for any refund of the Remittance Amount (or part thereof) by MatchMove to the Customer. Such changes and amendments shall be effective upon posting on the MatchMove Website or on such date as may be otherwise stated. The Customer’s continued use of the Remittance Service or submission of any Transaction Request shall be deemed to be the Customer’s conclusive acceptance of such changes and amendments to such fees. 6.3 For the avoidance of any doubt, the Customer acknowledges and agrees that the use by the Customer of any mobile services such as SMS, data and/or telephone calls in relation to any Transaction Request may entail additional charges with the respective mobile service providers and the Customer shall be solely responsible for such charges (where applicable). 6.4 The Customer shall bear and pay all taxes (including goods and services taxes) imposed under applicable laws.
7.Intellectual Property Rights 7.1 All Intellectual Property in or relating to the Remittance Service belongs solely to MatchMove and its licensors. Nothing in these General Terms shall be construed as granting the Customer, by implication, estoppel or otherwise, any license or right to use any Intellectual Property in or relating to the Remittance Service without the prior written consent of MatchMove. Any rights not expressly granted herein are reserved. 7.2 The Customer shall not, and shall not attempt or assist another person to, tamper, modify, reverse-engineer, disassemble, decompile or otherwise attempt to derive the source code of the Remittance Service including the software or otherwise, in any manner not expressly permitted by MatchMove.For the purposes of this Agreement, “reverse engineer” shall include the examination or analysis of the Remittance Service to determine the source code, structure, organisation, internal design, algorithms or encryption devices of the underlying technology of the Remittance Service.
8. Indemnity 8.1 To the extent permitted by applicable law, the Customer shall indemnify, defend and hold harmless MatchMove and each of their directors, officers, employees, suppliers, MTOs, licensors and agents (the “Indemnified Parties”), from and against any and all losses, damages, claims, costs (including legal costs incurred in defending any such actions, claims or proceedings), expenses, actions, claims and proceedings whatsoever, which may be brought or commenced against any Indemnified Party by any person or which any Indemnified Party may sustain, incur or suffer, as the case may be, arising out of or in connection with or by reason of: (a) the Customer’s use of the Remittance Service; (b) any Remittance Service Transaction carried out pursuant to any Transaction Request made by the Customer; or (c) the Customer’s breach of any provision of these General Terms, save where such losses, damages, claims, costs, expenses, actions, claims and proceedings are directly and solely caused by gross negligence or wilful misconduct. 8.2 The Customer’s obligations under this Clause 8 shall survive any termination of the Customer’s relationship with MatchMove or the Customer’s use of the Remittance Service. MatchMove reserves the right to assume the defence and control of any claims, demands and actions, subject to indemnification by the Customer, in which event the Customer shall cooperate with MatchMove in asserting any available defences.
9. Service Limitation, Exclusion and Limitation of Liability 9.1 The Customer acknowledges and agrees that the provision of the Remittance Service to the Customer is subject to the following: (a) service conditions which may depend on (without limitation) currency availability, regulatory issues, foreign exchange controls, any relevant bank’s, MTO’s, and MTO’s Cash-Out Agent’s hours of operation, local and foreign holidays; (b) availability and connectivity of a suitable network infrastructure at the time when the Remittance Service is requested or performed; and (c) geographic and technical capability of the delivery systems at the time and location when and where the Remittance Service is requested or performed. 9.2 The Customer further acknowledges and accepts that, to the extent permitted by applicable law: (a) without prejudice to Clause 9.4, MatchMove expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind (including warranties of non-infringement of Intellectual Property Rights), whether express or implied, statutory or otherwise, or any representations or warranties arising from usage or custom or trade or by operation of law, including without limitation as to the sequence, originality, correctness, completeness, accuracy, merchantability or fitness for any particular purpose, relating to or arising from the use of the Remittance Service or the performance by MatchMove of any Remittance Service Transaction; (b) the Customer is solely responsible for ensuring the accuracy, adequacy and completeness of each Transaction Request, including details of the Beneficiary. MatchMove shall not be obliged to verify the accuracy, adequacy and completeness of any Transaction Request. MatchMove shall not be responsible for any losses, liabilities, costs, expenses, damages, claims or compensations suffered by the Customer as a result of any Transaction Request being inaccurate, inadequate, incomplete, ambiguous or inconsistent in any way, or any failure, refusal, delay or error by any third party through whom the Remittance Service Transaction is made to the intended Beneficiary; and (c) MatchMove shall not be liable in any way to the Customer for any and all losses, liabilities, costs, expenses, damages, claims or compensations (including damages arising from cyber attacks and any refunds, save for the refunds in Clause 5) whatsoever (whether direct, indirect or consequential) in respect of any matter of whatever nature and howsoever arising (whether in contract, tort, negligence or otherwise), in connection with the following, save where such losses or damages arise directly as a result of MatchMove’s fraud, gross negligence or wilful misconduct: (i) the provision and use of the Remittance Service and the performance of any Remittance Service Transaction, including: (I) any fraudulent Remittance Service Transaction; (II) any Remittance Service Transaction being inaccurate, inadequate, incomplete, ambiguous or inconsistent in any way; (III) any unauthorized use and/or access of the Remittance Service; (IV) any unauthorized payments or otherwise; (V) any failure, delay, interruption to or disruption of the Remittance Service (whether due to any failure, refusal, delay or error by any third party or otherwise) or in the transmission or receipt of any data through the performance of the Remittance Service Transaction, in each case, howsoever caused or arising; and (VI) the Customer’s transfer of funds to the wrong bank account or wrong recipient; (ii) any event the occurrence of which MatchMove is not able to control or avoid by the use of reasonable diligence, including the failure, shortage or interruption of electrical power or supply, riots or civil commotion, strikes, lock outs or trade or labour disputes or disturbances, plague, epidemic or quarantine, fire, flood, drought or acts of any government or sovereign, change in any laws, acts of war or terrorism (whether real or perceived), the defaults, omissions and actions of the Monetary Authority of Singapore, any other regulatory authority, any law enforcement body, any IMDA licensee and/or any telecommunications service provider, inclement or extreme weather conditions and acts of God; (iii) the disclosure by MatchMove of any Customer Information where such disclosure is made in compliance with these General Terms; (iv) the use in any manner and/or for any purpose whatsoever by any person at any time whatsoever and from time to time of any Customer Information or information transmitted through the use of the Remittance Service and/or relating to the use of the Remittance Service; (v) any error, omission or inaccuracy in any information provided by MatchMove whether to the Customer or any person and whether in any publication relating to the Remittance Service or as part of or in connection with the Remittance Service; (vi) the suspension, termination or discontinuance of the Remittance Service; and/or (vii) any action taken by or on behalf of MatchMove to meet any obligation, whether in Singapore or outside of Singapore, to comply with any applicable law and/or any direction, order and/or requirement of any regulatory authority and/or law enforcement body, including any action taken in connection with the prevention of any unlawful activity including fraud, money laundering, terrorist activity, bribery, corruption and/or tax evasion, and/or the enforcement of any economic and/or trade sanction. 9.3 To the extent that the limitation of liability set out above is not permitted by law, MatchMove’s liability to the Customer whether in contract, tort (including negligence or breach of statutory duty) or otherwise for any and all losses, damages or liabilities caused or arising from or in relation to MatchMove’s provision or operation of the Remittance Service or relating to these General Terms shall not exceed the aggregate of the fees paid by the Customer to MatchMove for the Remittance Service during the last three (3) months immediately preceding the time of the claim by the Customer. 9.4 MatchMove does not represent or provide any warranty that: (a) the Remittance Service will meet the Customer’s requirements; (b) the Remittance Service will always be available, accessible, function or inter-operate with any MTO Service, the Customer’s Mobile Money, any Beneficiary’s Mobile Money, any mobile network, network infrastructure, system or otherwise to any extent, or such other services as MatchMove may offer from time to time; and (c) the Customer’s use of the Remittance Service or MatchMove’s performance of the Remittance Service Transaction will be uninterrupted, timely, secure or error-free.
10. Right to Collect, Use and Disclose Data and Information connected with the Customer Information 10.1 Save with the Customer’s agreement, consent or authority (including agreement, consent and authority given or granted pursuant to Clause 10.3 and the MatchMove Data Protection Policy), MatchMove shall not collect, use or disclose Customer Information for any purpose other than the purposes permitted under the applicable law. In addition to Clause 10.3, the Customer may give its agreement, consent or authority to all collection, use and disclosure by MatchMove of Customer Information, for any purpose(s) requested by MatchMove, by any form of writing or by the acceptance by the Customer of any relevant terms and conditions (including in the General Terms and MatchMove Data Protection Policy) which refer to such consent or authority. 10.2 MatchMove shall be entitled to request for, retrieve and collect any information from or relating to the Customer from time to time which MatchMove may require for the purposes of the Remittance Service and its performance of any of its obligations under these General Terms. 10.3 The Customer hereby affirmatively agree, consents to and authorizes the collection, retrieval, use and disclosure by and on behalf of MatchMove any and all Customer Information disclosed by the Customer to MatchMove or collected by MatchMove (including any information of a Customer collected, used or disclosed as described in the MatchMove Data Protection Policy), in the manner and for the purposes set out in the MatchMove Data Protection Policy, including for the following purposes: (a) considering whether to provide Customer with the services that Customer applied for and processing Customer’s application for the services; (b) administering and/or managing Customer’s relationship and/or account with MatchMove (including carrying out Customer’s instructions or responding to any enquiries by Customer); (c) carrying out verifications, the conduct of AML and CFT checks or otherwise to facilitate the provision of the Remittance Service and/or the provision of the BOSS Mobile Money Balance Service by MatchMove; (d) dealing in any matters relating to the services and/or products which Customer is applying for or has applied for (including the mailing of correspondence, statements, invoices, reports or notices to the Customer, which could involve disclosure of certain personal data about Customer to bring about delivery of the same as well as on the external cover of envelopes/mail packages); (e) investigating fraud, misconduct, any unlawful action or omission, whether relating to Customer’s application, Customer’s claims or any other matter relating to the Customer’s relationship and/or account with MatchMove, and whether or not there is any suspicious of the aforementioned; (f) for meeting legal, regulatory and other compliance requirements (including disclosure to all government agencies and authorities, regulators, exchanges, clearing houses, markets or depositories); and (g) for providing the Customer with information, offering rewards, conducting market research and other survey, maintaining safety and security, and other purposes as further described in the MatchMove Data Protection Policy,(collectively, the “Purposes”). The provisions of this Clause 10.3 shall constitute consent of the Customer for the purpose of the provisions of the Spam Control Act and other applicable law, unless otherwise notified in writing by the Customer in the procedure as determined by MatchMove from time to time, including as may be described in the MatchMove Data Protection Policy. 10.4 The Customer hereby affirmatively agree, consent to and authorize the disclosure and/or transfer out of Singapore, by and on behalf of MatchMove, of Customer Information, to its third party service providers or agents (including its lawyers), where such third party service providers or agents engaged by MatchMove would be processing the Customer Information for MatchMove for any of the Purposes, and to the relevant Beneficiary in respect of the Remittance Service. 10.5 The Customer hereby represents, warrants and undertakes to MatchMove that where the Customer is responsible for the provision of any information or data relating to any natural person to MatchMove, or actually provides any such information or data to MatchMove, the Customer has informed each such person and each such person has given consent to MatchMove’s collection, use and disclosure of their personal data as described under these General Terms and in the MatchMove Data Protection Policy. 10.6 Customers who wish to withdraw the consent referred to in this Clause 10 shall submit a request (in such form as specified by MatchMove from time to time) at any MatchMove Counter for such withdrawal whereupon the Remittance Service in relation to the relevant Remittance Service Transaction and the relevant Beneficiary shall be terminated. 10.7 The Customer agrees that MatchMove may retain all Customer Information disclosed by the Customer for the purposes of the Remittance Service and in compliance with the applicable laws and regulations. 10.8 The Customer hereby consents to MatchMove sending SMS notifications to the Customer or contacting the Customer in any other manner at any time and from time to time in relation to the Remittance Service.
11. Termination 11.1 MatchMove reserves all rights, in its sole and absolute discretion, to suspend (indefinitely or for such period as MatchMove may consider appropriate) or terminate the Remittance Service (in whole or in respect of any particular Territory) at any time by giving written notice to the Customer, and such notice shall be effective upon posting on the MatchMove Website or on such other date as may be otherwise stated by MatchMove. 11.2 Notwithstanding anything contained herein and without prejudice to Clause 11.1, MatchMove may at any time suspend (indefinitely or for such period as MatchMove may consider appropriate) or terminate the provision of the Remittance Service to the Customer, with immediate effect or on such other date as MatchMove may state, without notice to the Customer, if: (a) the Customer has, or MatchMove has, in its sole and absolutediscretion, reason to believe that the Customer has, committed breach of any of the provisions of these General Terms; (b) MatchMove has, in its sole and absolute discretion, reason to believe that the Customer has misused or is likely to misuse the Remittance Service (including any unauthorised use or for any criminal or illegal purpose); (c) MatchMove has, in its sole and absolute discretion, reason to believe that the Customer is using the Remittance Service or making any Transaction Request, on behalf of another party;MatchMove is required to do so in order to comply with any (d) MatchMove is required to do so in order to comply with an applicable law or any direction, order or requirement of any regulatory authority or law enforcement body; (e) there is, or MatchMove has, in its sole and absolute discretion, reason to believe that there is, a material security threat to the Remittance Service or any other services provided by MatchMove (including risk of money laundering or terrorist financing, hacking or through the introduction of viruses or other malicious code); (f) the Customer becomes bankrupt or generally fails or is unable to pay any of its debts as they mature, or any action is taken by any creditor of the Customer to recover, realize or enforce any security over any assets of the Customer or to enforce any judgment against the Customer; (g) the Customer has, or MatchMove has, in its sole and absolute discretion, reason to believe that the Customer has, caused or is likely to cause any failure, interruption, disruption or congestion of or in any network, system or services (whether of MatchMove or any other person) in connection with the Remittance Service; (h) MatchMove, in its sole and absolute discretion, is of the opinion that the Customer has perpetrated a fraud on MatchMove or has conducted itself in a manner which may result in perpetrating (or which, in the opinion of MatchMove, constitutes an attempt to perpetrate) a fraud on MatchMove; (i) the Customer dies, or becomes mentally incapacitated or suffers some other form of legal disability; (j) any information provided by the Customer to MatchMove in connection with the Customer’s use of the Remittance Service is found to be false, misleading or incorrect; (k) any representation or warranty made by the Customer to MatchMove is incorrect or misleading; (l) the Customer does not make any Transaction Request over a period of such duration as may be determined by MatchMove in its sole and absolute discretion from time to time; and/or; (m) MatchMove conducts or participates in any investigation into any of the matters described in the foregoing provisions of this Clause 11.2 11.3 Notwithstanding anything to the contrary, MatchMove shall not be obliged to act on a Transaction Request and MatchMove shall be entitled to decline a Transaction Request and/or suspend the provision of the Remittance Service (including the freezing of the Remittance Amount in respect of the Transaction Request) at any time without giving any reason and without prior notification to Customer if MatchMove has received and needs to comply with a court order, regulatory, judicial or statutory requirement or request. 11.4 The Customer shall not be entitled to any payment, compensation or damages from MatchMove in relation to the suspension or termination of the provision of the Remittance Service to the Customer for any reason whatsoever, except for the refunds in the circumstances specified in Clause 5.1. The suspension or termination (as the case may be) of the provision of the Remittance Service to the Customer shall not release the Customer from any liability which at the time of termination has already accrued. 11.5 MatchMove’s right to suspend and terminate the Remittance Service shall be without prejudice to any other rights or remedies which MatchMove may have under these General Terms. 11.6 Upon termination of the provision of the Remittance Service (whether in whole or in respect of any particular Territory or in respect of the Customer): (a) the Customer shall immediately cease to have any right or benefit as a Customer under these General Terms; (b) any Remittance Service Transactions that have not been completed will be terminated and the amounts remitted will be refunded to the Customer in accordance with the provisions of Clause 5; (c) all sums due or accruing due or payable to MatchMove under these General Terms up to and including the date of termination shall become immediately due and payable to MatchMove; and (d) save for provisions which expressly provide otherwise, neither MatchMove nor the Customer shall have any further obligations to the other under these General Terms. 11.7 For the avoidance of doubt, upon termination of the provision of the Remittance Service (whether in whole or in respect of any particular Territory or in respect of the Customer), the Customer may submit a new Registration Application to be re-registered as a Customer of the Remittance Service in accordance with these Terms, if desired. However, without prejudice to any of MatchMove’s other rights and remedies (under these General Terms, at law, in equity or otherwise), MatchMove retains the sole and absolute discretion to approve or reject any such Registration Application in whole or in part, or to impose any conditions whatsoever to the Registration Application.
12. Set off 12.1 Without prejudice and in addition to any right of set-off to which MatchMove is otherwise entitled, MatchMove may, at any time, upon written notice to the Customer, set-off any amounts owing by the Customer to MatchMove against any amounts which MatchMove owes to the Customer, and MatchMove is hereby authorized to effect any necessary conversions at its then prevailing exchange rates. Notwithstanding the foregoing, in the event that the Customer breaches any provision of these General Terms, MatchMove may perform such set-off without notice to the Customer.
13. Amendment and Variation 13.1 MatchMove reserves the right to amend, modify, add to or otherwise vary these General Terms (including any amendments made to the MatchMove Data Protection Policy) from time to time by giving seven (7) calendar days’ notice thereof to the Customer and any such amendment, modification or supplement shall take effect as from the date specified in such notice. Any such notice given by MatchMove in accordance with this clause, by posting on the MatchMove Website or by otherwise making public such notice in any other such manner deemed appropriate by MatchMove, shall constitute good and sufficient notice thereof to the Customer by MatchMove and shall be deemed to have been received by the Customer in accordance with the Clause or on the date of such posting or the making public of such notice, as applicable. The Customer’s continued use of the Remittance Service or submission of any Transaction Request shall be deemed to be the Customer’s conclusive acceptance of such amendments, modifications or variations to these General Terms and the Customer shall be bound by these General Terms so amended.
14. Waiver 14.1 No failure to exercise or enforce, and no delay on the part of MatchMove in exercising or enforcing its rights under these General Terms shall operate as a waiver thereof nor shall such failure or delay in any way prejudice or affect the rights of MatchMove at any time.
15. Assignment 15.1 The Customer shall not assign, transfer or encumber any or all of its rights, interest and obligations under these General Terms without the prior written consent of MatchMove. 15.2 The Customer agrees that MatchMove may assign and transfer any or all of its rights, interests and obligations under these General Terms to any MatchMove subsidiaries and affiliates discretion and without any further consent or agreement required on the part of the Customer. Any such assignment or transfer shall take effect upon posting on the MatchMove Website or on such date as may be stated. In the event that MatchMove assigns and transfers all its rights, interest and obligations under these General Terms: (a) all references to MatchMove in these General Terms shall upon and after any such assignment and transfer be construed as a reference to the assignee and transferee of MatchMove; and (b) such assignee and transferee shall be entitled to enforce all rights and perform all obligations of MatchMove and to be paid all sums due from the Customer under these General Terms as at the date of such assignment and transfer thereafter.
16. Applicable Laws, Jurisdiction and Service of Process 16.1 These General Terms herein shall be subject to and construed in accordance with the laws of Singapore and the Customer hereby submit to the non-exclusive jurisdiction of the courts of Singapore. 16.2 Without prejudice to MatchMove’s right to serve process in any other manner permitted by law, MatchMove may effect service on the Customer of any writ, summons or other process or documents by leaving it at or sending it by ordinary post to the Customer’s last known address. Such process shall be deemed validly served on the Customer: (a) in the case of service by leaving at the Customer’s last known address, immediately; and (b) in the case of service by post, (i) to any address in Singapore, two (2) days after it was posted by MatchMove; or (ii) to any address outside Singapore, seven (7) days after it was posted by MatchMove, and the Customer agrees that the Customer shall be deemed to have adequate and sufficient notice of such process.
17. Notices and Correspondence 17.1 All notices and communications by MatchMove to the Customer may be sent or dispatched to the Customer by delivery, post, e-mail, SMS or facsimile transmission or any other means deemed appropriate by MatchMove to the e-mail or other address or mobile or facsimile number of Customer appearing in any record of the Customer maintained by MatchMove or from which any communication by the Customer to MatchMove was dispatched or issued or otherwise last known to MatchMove. Any such notice, demand or communication addressed and so dispatched to the Customer shall be deemed to have been received by the Customer: (a) in the case of dispatch by e-mail, SMS or facsimile transmission or other instantaneous electronic communications, immediately upon transmission by MatchMove; (b) in the case of dispatch by delivery to the address of the Customer, on the date and at the time it was so delivered or left at that address; and (c) in the case of dispatch by post: (i) to any address in Singapore, 2 days after it was posted by MatchMove; or (ii) to any address outside Singapore, 7 days after it was posted by MatchMove. 17.2 All notices and requests from the Customer to MatchMove shall be inwriting unless MatchMove specifies to the Customer otherwise. MatchMove shall be entitled to regard as ineffective and invalid any notice or request of the Customer the receipt of which has not been confirmed by MatchMove to the Customer.
18. Severability 18.1 Any part of any provision of these General Terms that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other part of these General Terms, which shall continue to be valid and enforceable to the fullest extent permitted by law.
19. Third Party Rights 19.1 No person who is not a party to these General Terms has any right under the Contracts (Rights of Third Parties) Act, Chapter 53B of Singapore to enforce or enjoy the benefit of any term in these General Terms.
MoneyGram Send Form Terms and Conditions
1. Introduction 1.1 The MoneyGram® money transfer service (“Service”) is provided by MoneyGram Payment Systems, Inc (“we” or “us”) through MatchMove Pay Pte Ltd(“MatchMove”). These Terms and Conditions, along with the Documentation (as defined in Section 1.3 below) used in connection with the Service to which these Terms and Conditions may be included or attached, constitute the entire agreement (“Agreement”) between us with you, the individual sender of the Service (“you” or “Sender”). 1.2 This Agreement and the Service allow you to send a money transfer (a“Transfer”) either at a designated MatchMove location (“Cash Transfer”) or via their mobile wallet account (“Mobile Transfer”) to the person named on the form in the case of Cash Transfer or in the assigned field in the case of Mobile Transfer (the “Recipient”) and allows them (i) to collect in cash at a MoneyGram location (“cash to cash” service); or (ii) to receive into their bank account or other type of physical or virtual account, for example a mobile wallet account (“cash to account” service). These terms and conditions apply to both services, except where we say they apply to only one of them. 1.3 You must sign any other documentation related to the Transfer, or otherwise confirm your acceptance of the same in the prescribed manner, including all forms, receipts, or acknowledgments, whether in physical form or otherwise (collectively, the “Documentation”) in order to use the Service. 1.4 By using, or attempting to use, the Service in any capacity, you are acknowledging that you (i) accept the terms of this Agreement and the Fraud Warnings; and (ii) have read the Documentation relating to the Transfer and that the information as described on the Documentation is accurate. 1.5 For cash to cash Transfers, you can either send money within the same country or to a different “receive country”. The Recipient can only collect the money in the receive country selected. Once MatchMove has processed your send request and collected the required money, the Recipient can collect the money at any MoneyGram location in the receive country within minutes (during opening hours) in cash, in the currency selected unless condition 2.2 below applies. We will not contact the Recipient when the money is ready to collect; this is something you will need to do. 1.6 We do not offer the Service in all countries. You can call us, visit our website or ask MatchMove to find out the availability of our Service, and addresses and opening times of locations offering the Service. 1.7 For Mobile Transfers, the General Terms and Conditions for Mobile Remittance (Remittance Service) will apply in addition to the MoneyGram Send Form Terms and Conditions.
2. Charges and currency exchange 2.1 You must pay us the fee stated to complete the Transfer. We will not charge you any other fee for the Transfer. You can only send money in a certain currency or currencies. MatchMove will tell you whether a payout currency is available in the receive country and (if different to the currency in which you pay us) what exchange rate will apply. Your chosen currency, the agreed exchange rate and the converted amount will be stated in the form or displayed on your mobile as the case maybe. 2.2 For cash to cash Transfers to certain countries: (i) if the Transfer amount is stated in U.S. Dollars, and the Recipient’s agent does not pay out in that currency, they will convert the money into the local currency using either their or MoneyGram’s standard exchange rate; (ii) if the money (whatever foreign currency it is sent in) is not collected within 45 days, the Recipient’s agent may recalculate the converted amount at the time of collection, using their or MoneyGram’s standard exchange rate.
3. Restrictions on Transfers 3.1 There are limits on the amount you are able to send. MatchMove will, as necessary, tell you what they are. We may refuse to send the money or allow it to be collected if we reasonably believe that: (a) by doing so we might break any law, regulation, code or other duty that applies to us; (b) doing so may expose us to action from any government or regulator; or (c) it may be linked with fraudulent or illegal activity.
4. Cancelling and refunding a Transfer 4.1 You do not have a right to cancel the Transfer. We may nevertheless be able to cancel it before the Recipient collects or receives the money. If you wish to cancel the Transfer and request a refund of the Transfer amount, you can write to us enclosing a copy of your completed form or in the case of Mobile Transfers the relevant Transfer information as required by us. We aim to process such requests promptly but in any case within 30 days. 4.2 If you ask us to make a Transfer to be collected in cash and the Transfer amount has not been collected within 90 days, we will treat the Transfer as no longer capable of execution (an “Expired Transfer”). We will have no obligation after that 90-day period to execute an Expired Transfer. If an Expired Transfer occurs, you will be entitled to a refund in the amount of the Expired Transfer. If you become aware that a transferred amount has not been collected please contact MoneyGram to ask for a refund.
5. Identification and pay out for cash to cash Transfers 5.1 In order to collect the money and complete a Transfer, certain information must be provided, including but not limited to: (i) Identification; (ii) the Recipient’s details; (iii) the Sender’s name; and (iv) the Transfer amount. Additional information may be required to process the Transfer. 5.2 For certain Transfers (depending on the receive country and amount – your Agent has the details) the test answer you have set in the form, and/or the 8 digit reference number given to you at the time of the Transfer, may also be required to collect the money. 5.3 You must not give the details referred to in condition 5.1 or (if they are required to collect the money) in condition 5.2 to anyone other than your chosen Recipient. You must also do all you reasonably can to make sure no one else can obtain them – for example, by (i) not letting anyone see the form or the mobile screen; (ii) not writing down the test question and answer or the reference number in a way that can be recognised, nor letting anyone overhear you tell the Recipient what they are; and (c) not trusting a person (other than the Recipient) who tries to assure you it is safe to disclose some or all of those details to them.
6. Additional conditions for cash to account Transfers 6.1 We will send the money to the account you specify in the form. For information on when a payment will be credited to such an account, you need to contact the Recipient’s account provider. 6.2 The Recipient’s account provider may apply its own charges to the Transfer, which do not involve us. 6.3 If you ask us to send money to an account and the Transfer was not made properly or never arrived, we will promptly refund your money and our fee – unless we can show that the account provider received the money or that there was a mistake in the Recipient’s account details that you gave us.
7. Separate arrangements In addition to their offering of our Service, agents may offer you their own products or services such as currency exchange. These additional products or services are separate and independent from the Service, are offered under the agent’s own terms and conditions, and do not involve MoneyGram in any way. These additional products and services are likely to have their own fees associated with them.
8. Our Liability 8.1 We will not be liable to you if we break this Agreement due to: (i) abnormal and unforeseeable circumstances outside our control where we could not avoid breaking this Agreement despite all efforts to the contrary – this may include, for example, delays or failures caused by industrial action, problems with another system or network, mechanical breakdown or data-processing failures; or (ii) our obligations under English or other applicable laws to which we may be subject to. 8.2 We are not liable to you for more than the amount of money you send and our fee. We will not be liable for any incidental, indirect, special or consequential losses or costs you suffer or, as this Agreement is made with you as a consumer, any business losses or costs (such as loss of business profits or opportunities). 8.3 Our Service is for persons 18 years and over and may not be used for escrow or trust or gambling purposes, and may only be used for a lawful purpose. Please also read the fraud warnings on the form and their abbreviated version on the mobile screen prior to conducting any Transfer. If you ask us to pay someone who turns out to have defrauded you, or who fails to meet their obligations to you, we will not be liable as a result.
9. Other terms 9.1 We will report money transfers to any government authorities if we are required to do so by law. 9.2 The Transfer and use of our Service does not involve you or the Recipient having a “deposit” or an account with MoneyGram. 9.3 In the event of any conflict between the General Terms and Conditions for Mobile Remittance (Remittance Service) and the MoneyGram Send Form Terms and Conditions, the latter shall prevail only if the remittance is fulfilled by MoneyGram. 9.4 These conditions have been prepared, and will be executed, in the English language, which shall be the governing language for all purposes. In the event of any conflict between the English version of the Agreement and any translated version of the Agreement, the English version of the Agreement shall govern and we will communicate with you in English.
10. Data Protection and Privacy 10.1 We may process your and the Recipient’s personal information and the details of your Transfer on our systems in order to provide you and the Recipient with Service and to prevent fraud. We may also obtain information about you from reputable reference sources as part of verification processes and other servicing of your relationship with us (including market research, special promotions, and sending you information about our services) as permitted by applicable law. You warrant that you have the Recipient’s consent to share his personal information with us. 10.2 We may, for the above purposes, share the collected personal information with our parent, affiliates, agents, or service providers, any of whom may be in a country other than your own.We will not share the information with anyone else except as permitted or required by law or regulation. 10.3 We may request access to your personal information, ask for the information to be corrected or updated, or withdraw your consent for marketing use at any time by e-mailing us at firstname.lastname@example.org or calling us at 800-120-659. Please allow at least 4 weeks for processing of your request. 10.4 By completing and signing the form, you agree to our collection, use and transfer of your and the Recipient’s personal information for the above purposes, including transfers to the United States and to the receive country. Our Privacy Statement describes how we collect, protect, use and disclose your personal information and is available at www.moneygram.com. 10.5 By continuing with the transaction, you consent to the collection, use, disclosure and transfer (including cross-border transfer) of your personal information as described in our Privacy Notice, which is available on our website at www.moneygram.com.
11. Fraud Warning If any of the below apply, DO NOT SEND the money transfer. Once the money is picked up- which can happen quickly- you cannot get a refund, even if you were a victim of fraud. NEVER SEND MONEY: (a) To a utility company (for example phone, internet or electricity suppliers) to settle bills or outstanding payments, or for any other reason (b) To someone you don’t know personally, or whose identity you cannot verify. (c) For an internet purchase of any kind, to receive an inheritance or to claim lottery or prize winnings. (d) To prove to someone that you have available funds to buy a car or other goods, rent a property, or obtain a loan or credit of any kind. This is not a trust service. (e) Finally, NEVER provide any details about your transaction to anyone other than your intended receiver.
Victim of fraud? Call: 800-120-659.
12. Contact Details and Customer Service Information 12.1 We are committed to ensuring that you receive high quality service from us. In the event that you are dissatisfied with ourService or believe an error has occurred with your Transfer, please contact us as soon as possible. For full details of our complaints procedure or consumer protection advice, or to submit a complaint, you can: (a) call us on our free phone number 800-120-6597 (you may be charged for calls to this number by mobile phone); (b) visit our website www.moneygram.com and submit the online form; (c) write an email to email@example.com ; or (d) write to us at: MoneyGram International, Attn: Complaints Management, 2828 North Harwood Street, Dallas, Texas 75201, USA.
Send Money Anywhere, Instantly.
MatchMove Pay Pte Ltd is a company registered in Singapore with the Unique Entity Number 200902936W and is regulated as a remittance business by the Monetary Authority of Singapore (MAS) license: RA No. 01464.