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MONEYGRAM TERMS & CONDITIONS

  1. INTRODUCTION

    • 1.1

      This agreement is between you and Merchantrade (“us or “we” unless referred to individually”), offering the service in conjunction with MoneyGram Payments Systems, Inc. (“MoneyGram”) to provide you with the MoneyGram® Money Transfer Service. These terms and conditions including the fraud warnings are part of this agreement.

    • 1.2

      You must ensure all sections have been fully and accurately completed. If you do not, we may not be able to send the money. You must call us at the number below if any of the information you provide changes before the recipient collects or receives the money.

    • 1.3

      The MoneyGram® Money Transfer Service allows you to send money to the person named in the E-Remit System (the “recipient”) to (a) collect in cash (the “cash to cash” service) at a MoneyGram service representative location (“MoneyGram service rep”); or (b) receive into his/her bank account (the “cash to account” service) via the MoneyGram® Money Transfer Service. These conditions apply to both services, except where we say they apply to one of them.

    • 1.4

      For cash to cash transfers, you can either send money within the same country, if permitted, or to a country outside of Malaysia (collectively “receive country”). The recipient can only collect the money in the receive country stated in the E-Remit System. Once we have processed your transaction and been given your money, the recipient can collect the money at any MoneyGram service rep location in the receive country within minutes (during opening hours) in cash, in the currency stated in the form unless condition 2.2(a) below applies. We or MoneyGram will not contact the recipient when the money is ready to collect, so this is something you will need to do.

    • 1.5

      MoneyGram does not offer the services in all countries. You can call us, ask in our location or visit www.moneygram.com website to find out the availability of MoneyGram service rep location in the receive country, addresses and opening times of MoneyGram service rep locations.

    • 1.6

      Our contact details: our telephone number is +603-7724 2070, our website is www.mtradeasia.com; our address is Suite 1632, 16th Floor, Lobby 7, Block A, Damansara Intan, No. 1 Jalan SS20/27, 47400 Petaling Jaya, Selangor Darul Ehsan; or email address is moneygramcc@mtradeasia.com.

  2. CHARGES AND CURRENCY EXCHANGE

    • 2.1

      You must pay us the fee stated in E-Remit System. You will not be charged any other fee for the transfer. You can only send money in Malaysian Ringgit. We will tell what payout currency is available at a particular MoneyGram service rep location in the receive country and what exchange rate will apply. Your chosen payout currency, the agreed exchange rate and the converted amount will be stated in the form.

    • 2.2

      However, for cash to cash transfers to certain countries: (a) if the transfer amount is stated in U.S. Dollars, and the recipient’s MoneyGram service rep location does not pay out in that currency, the transfer amount will be converted into the local currency using MoneyGram’s or MoneyGram service rep’s standard exchange rate; (b) if the money (whatever foreign currency it is sent in) is not collected within 45 days, the recipient’s MoneyGram service rep may recalculate the converted amount at the time of collection, using MoneyGram’s or MoneyGram service rep’s standard exchange rate. Please ask us for details.

  3. RESTRICTIONS ON TRANSFERS

    • 3.1

      There are limits on how much you can send and, as necessary, we will tell you what they are. We may refuse to send the money or MoneyGram service rep may not allow it to be collected if we and/or MoneyGram service rep reasonably believes that: (a) by doing so we, MoneyGram and/or MoneyGram service rep might break any law, regulation, code or other duty that applies to us, MoneyGram or to MoneyGram service rep; (b) doing so may expose us, MoneyGram or MoneyGram service rep to action from any government or regulator; or (c) it may be linked with fraudulent or illegal activity.

  4. CANCELLING AND REFUNDING A TRANSFER

    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, enquire in our location or write to us at the address provided at Section 1.6 and provide us the detail of the cancelling or refunding transaction for processing purposes. We aim to process such requests promptly but in any case within 30 days.

  5. IDENTIFICATION AND PAY OUT FOR CASH TO CASH TRANSFERS

    • 5.1

      In order to collect the money and complete a transfer, Identification will have to be provided.

    • 5.2

      The reference number of the transfer will normally also need to be provided to MoneyGram service rep. Please note that the reference number is not always required to collect the money (again, you can find out what is required from us).

    • 5.3

      You must not give the reference number, test answer or recipient’s details to anyone other than your chosen recipient, and do all you reasonably can to make sure no one else can obtain them - for example, by (a) not letting anyone see the form; and (b) not writing down the test question answer or the reference number in a way that can be recognised, nor letting anyone overhear you tell the recipient what they are.

  6. ADDITIONAL CONDITION FOR CASH TO ACCOUNT TRANSFERS

    We will send the money to the bank account you specify in the E-Remit System. For information on when a payment will be credited to such an account, you need to contact the recipient’s bank. The recipient’s bank may apply its own charges to the transfer, which do not involve us or MoneyGram.

  7. SEPARATE ARRANGEMENTS WITH SERVICE REPS

    MoneyGram service reps may offer additional services to recipients under separate agreements, which do not involve us (and so for which we are not liable). MoneyGram service reps may charge extra for those services, and will use a currency conversion rate of their choice if they involve changing currency.

  8. OUR LIABILITY

    • 8.1

      Neither we nor MoneyGram will be liable if this agreement is breached because of: (a) abnormal and unforeseeable circumstances outside our control where breaking this agreement could not be avoided despite our 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 (b) our obligations under the laws of Malaysia or other applicable laws to which we or MoneyGram may be subject to.

    • 8.2

      Neither we nor MoneyGram are liable to you for more than the amount of money you send and our fee. Neither we nor MoneyGram will 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

      The MoneyGram® Money Transfer Service is for you to send money to a private individual known by you rather than to make a commercial payment, and you must not use it for those types of transaction. You must also follow the fraud warnings provided with these terms. If you ask us to pay someone who turns out to have defrauded you, or who fails to meet their obligations to you, we nor MoneyGram will not be liable as a result.

    • 8.4

      Neither we nor MoneyGram are liable to you for any loss or damages incurred by you or any other person arising from your use of the FPX services.

  9. OTHER TERMS

    • 9.1

      We and/or MoneyGram will report money transfers to any government authorities if required to do so by law.

    • 9.2

      The MoneyGram® Money Transfer Services do not involve you or the recipient having a “deposit” or a deposit account with us or MoneyGram (or any other company helping with the transfer), apart from the receiving bank for a cash to account transfer) at any time.

    • 9.3

      E-Remit Service is an online money transfer service offered and wholly owned by Merchantrade and is not a service of MoneyGram.

    • 9.4

      FPX is a separate online payment service offered and wholly owned by MyClear a subsidiary of Bank Negara Malaysia and is not a service of Merchantrade or MoneyGram.

  10. DATA PROTECTION AND OUR PRIVACY COMMITMENT

    • 10.1

      We and MoneyGram may process your and the recipient’s personal information and the details of your transfer on our respective systems in order to provide you and the recipient with transfer services and to prevent fraud. We and MoneyGram 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 the MoneyGram® Money Transfer Services) as permitted by applicable law. You warrant that you have the recipient’s consent to share his personal information with us and MoneyGram.

    • 10.2

      We and MoneyGram may, for the above purposes, share the information with our parent, affiliates, service reps, 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

      You 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 writing, e-mailing, or calling us as provided under condition 1.6 or logging onto moneygram.com. Please allow at least 4 weeks for processing of your request.

    • 10.4

      By completing your details on the E-Remit System and acceptign the terms and conditions includign the fraud warnings, you agree to us and MoneyGram collecting, using and transferring your and the recipient’s personal information for the above purposes, including transfers to the USA and to the receive country. MoneyGram Privacy Statement describes how we collect, protect, use and disclose your personal information and is available at www.moneygram.com

  11. COMPLAINTS

    We are committed to providing you with the best services at all times. In the unlikely event that you are dissatisfied with the MoneyGram® - Money Transfer Services, please contact us a ssoon as possible. For full details of our compliants procedure or consumer protection advice, or to submit a compliant, you can visit www.mtradeasia.com, or write to moneygramcc@mtradeasia.com, or alternatively, write to Customer Care Relations at the address in condition 1.6

  12. FRAUD OR SCAM WARNINGS

    The sender are required to read the questions below carefully to help us protect you from becoming a victim of fraud or a scam.

    Are you sending money:

    • *

      to someone you don’t know or whose identity that cannot be verify?;

    • *

      to prove to someone that you have the available funds to buy a car, other goods, or to rent a property? Are you being asked by any 3rd party to provide any details about this transaction in part or in full by phone, e-mail, fax or website?

    • *

      to buy a product/service or a pet via the internet or anywhere else in response to any offer that sounds very cheapin comparison to their expected price or looks “to good to be true”?

    • *

      to claim lottery or prize winnings, inheritance, for a “guaranteed” credit card, loan offer, refund of bank chargesor attaractive investments?

    • *

      in response to an internet offer, letter or phone call that asks you to send money for a “job offer” or “mystery shopping” or a “charity”?

    • *

      to someone at home or overseas who claims to be your relative needing cash for “emergency” and you are unable to verify independently if the caller and the claims are genuine?

    • *

      to someone you met in an on-line chat room or dating website for financial assistance? Examples: airplane ticket, medical bills, helping a relative, cashing a check, investing in a business deal, etc.

    • *

      to buy goods and services from someone who specifically recommends money transfer through MoneyGram as the preferred mode of payment?

    • If you answered Yes to any of these questions posted above, DO NOT SEND the money transfer – someone may trying to STEAL YOUR MONEY. Remember neither Moneygram nor its agents will be liable if you ignore the fraud warnings above and still choose to send money for any of the reasons listed above.

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