MERCHANTRADE TERMS & CONDITIONS
THE USE OF MERCHANTRADE ASIA SDN BHD (Company No: 410591-T) (MTASB)'S e-remit SERVICES ARE SUBJECT TO THIS e-remit END-USER AGREEMENT
('THIS AGREEMENT') WHICH DESCRIBES YOUR RIGHTS AND OBLIGATIONS AS A USER, AND MTASB'S RIGHTS AND OBLIGATIONS.
PLEASE READ THIS AGREEMENT CAREFULLY. BY REQUESTING AND/OR USING THIS e-remit SERVICES YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS FOLLOWS:-
DEFINITIONS AND INTERPRETATIONS
"Applicable Laws and Requirements" means the laws, regulations, policies, guidelines, rules and requirements (whether or not having the force of law) in the relevant jurisdiction governing MTASB and/or the User (as may be applicable), including but without limitation to anti-money laundering and anti-terrorism laws, and laws pertaining to money transfer services.
"Business day" means any day on which both the banks in Malaysia and Recipient Country are open for business and subject always to FPX services availability.
"Direct Deposit" means a mode of remittance payout via e-remit System whereby the Recipient's Designated Bank Account maintained at the Recipient's Country is directly credited with the remittance amount in accordance to the User's payout instruction.
"e-remit or e-remit Services or Services" refers to an online money transfer services offered by MTASB to facilitates User's money transfer authorization to be paid in the currency of the Recipient's Country.
"e-remit System" means MTASB's proprietary online remittance/ money transfer system accessible by the User via the Website for the purposes of carrying out money transfer Transaction
"FPX" refers to Financial Processing Exchange a national online payment gateway which is jointly developed by Financial Institutions and is owned by MEPS.
"Loss" includes loss, damage, claim, costs, subscription fees , charges, damages and/or expenses of whatsoever nature without limitation arising from contract , tort, equity or any other principles of law or legal theory (including any loss of profits , lost savings, loss of data, loss of opportunity, loss of goodwill , special, incidental, punitive or exemplary losses and consequential damages ) and howsoever arising whether direct , indirect , joint , several, actual, contingent or otherwise (including legal fees on a full indemnity basis) , and includes without limitation claims made by third parties and claims for defamation , infringement of intellectual property rights, death, bodily injury, wrongful use of computers and unauthorized or illegal access to computers (including but not limited to hacking), property damage or pecuniary losses howsoever arising.
"MTASB" refers to Merchantrade Asia Sdn Bhd, a company incorporated under the laws of Malaysia with a corporate office at Suite 1632, 16th Floor, Block A, Damansara Intan, No. 1 Jalan SS20/27, 47400 Petaling Jaya , Selangor Darul Ehsan and includes its successors and assigns.
"Non-resident" refers collectively to citizens and residents of countries other than Malaysia.
"Password" means an alpha-numeric access code with at least one (1) special character opted by the User for the purpose of gaining access to the e-remit System to:
- access the User's Account to carry out money transfer transaction.
- initiate change in address, view previous transaction records and ascertain status of current transaction.
- perform such other acts as permitted by the e-remit System from time to time.
"Recipient" means the beneficiary who ultimately receives the payment in accordance to the User instruction through the e-remit System.
"Recipient Account" means the bank account of the Recipient authorized by the User for the purpose of money transfer/remittance payout.
"Recipient Bank" means the bank located at the Recipient Country at which the Recipient maintains a Recipient Account for the purpose of crediting the remittance payout.
"Recipient Country" means the country of the Recipient where the crediting of the Recipient's account is to be made.
"Recipient Currency" means the currency in which the remittance payout is to be made.
"Net Payout Amount" means the net amount to be credited to the Recipient's Account in the Recipient Currency.
"Rate Table" means a table of Foreign Exchange rate where the conversion rate of each payout currencies are displayed and is subject to change from time to time according to the prevailing market condition.
"Service Charge" means fee imposed by MTASB to the User for each remittance instruction made and is subject to change at MTASB discretion.
"Terms of Service"(or "these Terms") means all the terms and conditions under which the Services is offered by MTASB to the User.
"Transaction" means online remittance or money transfer transaction carried out by the User through the e-remit System.
"User/Member/You/Your" means a person (excluding a firm, a body corporate or unincorporated association, Public Authority, two or more persons having a joint common interest, any other legal or commercial entity or undertaking) whose application for Services has been accepted and registered with MTASB.
"User's Account or Member's Account" refers to the facility provided to the User upon registration for uniquely identifying the User of the Services and for accessing the Services.
"Visitor" means any individual who is not a User that accesses the Website.
"Website" means MTASB's designated website: www.eremit.com.my which is open to access by Users.
Unless repugnant to the context herein in these Terms :-
- reference to a particular gender shall be deemed to include a reference to the other gender.
- reference to singular shall include the plural vice versa.
- reference to word "include" or "including", wherever appearing in these Terms shall be read as if the word "without limitation" inserted thereafter.
The User hereby agrees to subscribe to the Services upon these Terms herein contained.
User must have attained 18 years of age and permitted under the Applicable Laws or Requirements to enter into legally binding agreement.
A non-resident Visitor or User, who accesses the Website and/or avail the Services acknowledges that they may be violating the Applicable Laws and Requirements and agrees to be solely and absolutely liable for any liabilities arising therefrom and undertakes to indemnify MTASB against any Loss incurred by MTASB pursuant thereto.
SERVICE CHARGE AND FOREIGN EXCHANGE
For each remittance transaction through the e-remit System, the User shall be liable for Service Charge ('SC'). The applicable Service Charge and foreign exchange rate are based on the latest Rate Table provided by MTASB from time to time. The User agrees that MTASB shall have the absolute and sole discretion in determination of the said SC and applicable foreign exchange rate. Latest rate tables shall be applicable immediately after posting on www.eremit.com.my
User warrants that all particulars and information provided to facilitate approval and registration for Services are true, accurate, current, complete and not misleading and the User undertakes to forthwith notify MTASB of any changes to the User's supplied personal particulars, in writing, by way of prepaid registered post or by producing original identification documents for verification at any of MTASB remittance branch.
User undertakes to indemnify MTASB, its employees, directors, officers, representatives, affiliates, subsidiaries and agents for any Loss caused to MTASB arising from the User providing untrue, inaccurate, out-of-date, incomplete or misleading information or particulars.
User shall take all such measures and steps as may be necessary (including but not limited to changing User's password from time to time) to protect User's password and to prevent unauthorized use of User's Account or unauthorized disclosure of User's password. User acknowledges that it is his/her sole and absolute responsibility to maintain secrecy and confidentiality of his /her password and the User shall be fully and absolutely liable for all transactions and activities that occur under the User's username and password including unauthorized use and misuse.
User shall notify MTASB either in writing or by way of email through the User's designated email, if the User becomes aware of or reasonably believe that there is any unauthorized use of the User's Account or any other breach of security, and to co-operate with MTASB in all such investigation. This shall include (i) unauthorized usage of username and password (ii) receipt by User of any transaction confirmation, fund transfer or such activities that User did not authorize or (iii) any inaccurate information in User's current transaction or transaction history.
User shall be responsible and liable for any third party gaining access to the e-remit System through the use of the User's username and password, and in such event, the User shall hold MTASB, its employees, directors, officers, representatives, affiliates, subsidiaries and agents harmless against any Loss arising from any such unauthourised access. Any transaction and/or activity arising from usage of your username and password will be deemed the User's transaction and/or activities, and MTASB is under no obligation whatsoever to verify authenticity of such transactions and/or activity.
User shall ensure to log out after each session of accessing e-remit System.
User acknowledge and agrees as follows :-
- that unless there are sufficient funds deposited with MTASB in advance for the amount requested to be remitted by the Remitter inclusive of applicable Service Charge, MTASB comes under no obligation whatsoever to act on the User's payout instruction.
- that MTASB may restrict, decline or refuse User's request for carrying out transaction at any time at MTASB's sole discretion without assigning any reasons thereto.
- that although the Services may be accessible outside of Malaysia via the Website , MTASB accepts no liabilities whatsoever arising from any non-compliance with the laws of any country other than Malaysia for the use of the Services.
- that the User must specify in the relevant column/field provided in the e-remit System , the source of remittance fund and purpose of the remittance / money transfer each time a transaction is conducted.
- that MTASB may rely on the registration information and the remittance payout information provided by the User to MTASB. Any errors in the information provided by the User including misidentification of Recipient, incorrect account holder's names and account numbers shall be at the User's sole responsibility and risk. The User undertakes to hold MTASB harmless from all losses and damages arising from any MTASB's act or omission in reliance upon any such erroneous information.
- that the User acknowledges that the duration for remittance payout delivery to the Recipient shall be as stipulated in the e-remit system.
- that in the event the User's cancels a Transaction or the Transaction is unsuccessful due to reason erroneous particulars provided by the Sender , the User shall remain liable for Service Charge.
- that without limitation, the User acknowledges that he/she must maintain an internet banking facilities account with FPX participating local bank(s) in Malaysia to use this Service.
- that all charges imposed by FPX pursuant to any Transaction initiated by the User pursuant to or incidental to these Terms shall be borne by User.
- that FPX is a separate legal entity and use of FPX services is subject to terms and conditions imposed by FPX. User shall ascertain and update himself/herself of such applicable terms and conditions. MTASB and MoneyGram Payments Systems, Inc. are neither liable nor responsible for any Loss incurred by the User or any other person arising from the User's use of the FPX services.
- that for over the counter payout to Recipient, MTASB's payout timeline is on best effort basis whereby the payout to Recipient shall be made in accordance with the User's transaction instruction as soon as reasonably possible during the working hours at the Recipient's designated payout location.
- that e-remit services is subject to Bank Negara Malaysia (BNM) 's Cautionary Statement whereby BNM does not guarantee the remittance of the funds by MTASB and you take the risk of any Loss suffered from remittance. A copy of the Cautionary Statement also know as Notice to Customers can be viewed at www.eremit.com.my
In the event where the User has forgotten his/her password, the User :-
- shall log-in to website: www.eremit.com.my and click on the box marked "Click Here To Reset Password" upon which e-remit System will generate a temporary password which will be send to User's designated email address.
- acknowledges that issuance of a temporary password to the User is the sole and absolute discretion of MTASB and that MTASB may refuse/decline issuance of a temporary password without assigning any reason thereto. MTASB without limitation may require that User provide additional information or such documents to MTASB's satisfaction prior to issuing the User with a temporary password.
- acknowledges that upon a request to reset password the User's existing password will be invalidated and the User shall be required to create a new password using the temporary password provided by MTASB. User cannot carry out Transaction with any temporary password provided by MTASB.
- acknowledges and agree that the User will be subject to identity verification to MTASB's satisfaction, MTASB will generate a temporary password which will be communicated to the User's designated email address registered with MTASB. It will be the User's sole responsibility to maintain this email address. Upon receipt of the temporary password generated by MTASB, for security purposes, the User undertakes to change the password on immediate basis. Notwithstanding, the User will remain responsible and liable for all transaction carried out up to the period the old password is discontinued.
PROHIBITIONS AND RESTRICTIONS
User CANNOT :
- use the Services in any way which will deprive other Users of their legitimate right to use the Services.
- use the Website for unlawful purposes in any jurisdiction or in breach of these Terms.
- use the Services for any unlawful or illegal activity or in breach of any Applicable Laws and Requirements including without limitation the ANTI-MONEY LAUNDERING AND ANTI-TERRORISM FINANCING ACT 2001 and such subsequent amendments thereto.
- allow access, re-sell or re-provide the Services to any other person.
- modify, copy, distribute, reproduce, transmit, display, perform, publish, upload, post, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software or services obtained from the Website.
- post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind without limitation, any information or statement constituting or encouraging conduct that would tantamount to criminal offence, give rise to civil liability and/or violates any Applicable Laws & Requirements.
- post or transmit any messages that amount to advertising material, touting or sale of , or offer to sell, any product or service.
- transmit or disseminate advertising material, chain letters, spam, junk mail or other type of unsolicited messages.
- post or transmit or disseminate viruses, worms, Trojan horses or other harmful , disruptive or destructive files.
- post, publish, transmit, reproduce, distribute, or in any way exploit any information , software or other material obtained from or through the Website for commercial purposes.
- attempt to decompile or reverse engineer any software available in the Website.
- attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website.
LIMITATION OF LIABILITY
Save and except for the User's entitlement for full refund of remittance amount transacted by the User through the Services which remains undelivered/unpaid to the Recipient limited strictly due to MTASB's sole willful act, omission, fraudulent misrepresentation, fraud and/or dishonesty. In no event MTASB, its employees, directors, shareholders, officers, representatives, affiliates, subsidiaries and agents shall be lilable without limitation for any Loss incurred by the User or any 3rd party arising from the Services whether nor not MTASB has been notified in advance of the possibility of such loss or damages.
Subject to Clause 7.1 , in no event shall MTASB's aggregate liability to the User for any claims under or pursuant to these Terms shall exceed RM100-00. (Ringgit Malaysia : One Hundred Only).
Due to the inherent hazards of electronic distribution, User agree and accept that Services may be unavailable from time to time due to required maintenance, electronic or other systems failures or interruptions (whether of MTASB or any third party) or other disruptions. MTASB, its suppliers and their respective affiliates, officers, distributors and employees shall not be liable to the User for any Loss suffered by the User as a result thereof. MTASB does not guarantee that Services will be uninterrupted, secure, error-free, free from viruses or other harmful components.
MTA cannot and does not endorse or review, and cannot be responsible for, the messages, views, opinions and recommendations of third parties, User and organisations of deemed interest. MTASB does not advocate any commercial dealings in any third party products or investments. The inclusion in Services of a link to other web site(s) or resources does not imply any form of endorsement by MTASB. Any User seeking recourse shall do so against such party providing such advice, products or services. However, MTASB requires all Users to comply with all relevant laws, as well as the rules set out in the Website , and ensure that the law and the rules are observed and complied with. Without limitation, User acknowledges that MTASB is not responsible for the privacy and confidentiality of any personal information provided by the User to the other linked websites in any manner whatsover.
MTASB reserves absolute discretion without notice to the User, to introduce changes to the features appearing in the Website from time to time without limitation to add, modify or remove such features.
In amplification to any provisions of these Terms, MTASB does not guarantee storage of any data stored by the User in the e-remit system and excludes all liability for lost of data.
User shall indemnify MTASB, its directors, officers, its suppliers, their employees, subsidiaries, related corporation, associates, distributors and affiliates against any and all Loss suffered by MTASB its' directors, officers, its suppliers, their employees, subsidiaries, related corporation, associates, distributors and affiliates to any person as a result of any breach of these Terms.
All notices are deemed served on the User immediately after it is posted on the Website or sent to the User's designated e-mail address (despite evidence to the contrary) as set out in the Registration Form or such e-mail address of which notice has been given to MTASB by the User in writing by way of prepaid registered post.
MTASB shall not be responsible to the User for any delay in performance or non-performance due to causes beyond the control of MTASB (including but not limited to Acts of God, devaluation of major currencies, Governmental mandates or Laws).
This Agreement is not assignable by the User.
Nothing in these Terms confers or shall purport to confer on any third party any benefit or any right to enforce any term herein.
JURISDICTION , GOVERNING LAW FOR LEGAL PROCEEDINGS
These Terms are governed by, and construed in accordance with, the laws of Malaysia.
If any legal proceeding arising out of or connected with the use of the Services is instituted by MTASB , the User agree that the process by which such proceedings are begun and other court documents which require service shall be deemed to have been given if served on the User and/or personally or sent to him by prepaid ordinary post accompanied by a Certificate of Posting or left at the address stated in the his Registration Form(s) or at his usual or last known business or private address. Any such Writ of Summons or originating process sent by post shall be conclusively deemed to have been received by the User within three (3) days after the date of such posting despite evidence to the contrary. The User further agrees that MTASB may at its own absolute discretion institute such legal proceedings in Malaysia or in any other place whose courts have the jurisdiction to hear and determine any such legal proceedings.
These Terms between MTASB and the User shall be deemed to have been made and executed at MTASB office in Petaling Jaya and any breach of the terms and conditions stated herein shall be deemed to have arisen in Petaling Jaya irrespective of where the User may reside or where the Transaction may have taken place.
The User hereby authorise MTASB to verify and exchange information on him/her and his/her beneficiary (ies) from whatever sources as may be required and to release such information as may be obtained without reference to the User.
In amplification and not in derogation to Clause 15.1 above of these Terms, MTASB reserves the right to disclose part or all information concerning the User and his/her beneficiary (ies) at such time and in such manner as is permitted or required by law to the relevant authorities.
TIME & NON-WAIVER
Time wherever mentioned shall be the essence of these Terms and no failure to exercise and delay in exercising on the part of MTASB of any right, power or privilege under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.
The conversion exchange rate from Ringgit Malaysia to the Recipient country's local currency is subject to change without prior notice. The conversion exchange rate applicable to the User shall be the exchange rate displayed in the e-remit system at the time the User confirms his/her transaction in the e-remit system.
If any provision in these Terms is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to under the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of these Terms.
MTASB reserves the right to vary, alter and amend any or all of these Terms herein and announce changes to its Services and to post them on www.eremit.com.my. User's continued use of the Services offered by MTASB after such variation, alteration and amendments have been posted constitutes User's agreement to be bound by them.
In the event these Terms are translated into a language other than English, it is done solely for convenience purpose, with only the English version of these Terms shall be valid and binding.
DISCREPANCY AND CONFLICT
In the event there is conflict or discrepancy between any of the provisions of these Terms and such other terms appearing elsewhere in the Website , these Terms to the extent of such discrepancy and/or conflict shall take priority and precedence for all intents and purposes.
The obligations and responsibilities of the User under these Terms that, by their nature, should survive the termination of these Terms shall so survive.
TITLE AND HEADINGS
The titles and headings of clauses of these Terms are solely for convenience of reference and will not be used in interpreting or construing these Terms.