Hanshan Money Express Pte. Ltd. (UEN No. 200613736M) (“HME”, we, our, us) is the provider of the Hanshan mobile and online remittance applications (Applications): It is also a stored value facility (“SVF”) and a Payment Communications Platform (“PCP” ).
The SVF is as defined in Section 2(1) of the Payment Systems (Oversight) Act (Cap.222A) (“PSOA”). The SVF is developed pursuant to Part VII of the PSOA. It does not require the approval of the Monetary Authority of Singapore.
HME is a licenced remittance company and is regulated by the Monetary Authority of Singapore.
Users of the applications (“Users”) are advised to read this User Agreement carefully. In addition, HME is not a bank, and therefore the Singapore Deposit Insurance Scheme (“SDIC”) does not apply.
Users are advised to read the Terms and Conditions carefully.
GLOSSARY OF TERMS
In this agreement (“Agreement”), unless the context otherwise requires
- “App” means the mobile application software, the data supplied with the software and the associated media.
- “Online” means the web remittance application software, the data supplied with the software and the associated media.
- “Applications” refers to the mobile application and/or the online remittance software.
- “HME” means Hanshan Money Express Pte. Ltd. (UEN No. 200613736M), an exempt private company limited by shares whose principal business is to provide remittance services.
- “Services” means all products, services, content, features, technologies or functions offered by HME and all related websites and applications.
- “Payment Account” means the Account (at times referred to in the App as “HME’s Account”) the User has opened with HME in accordance with the terms of this User Agreement.
This Agreement shall include any customer update, any other prospective user policy introduced by us for the use of the Applications relating to our services. If any User does not accept the terms and conditions of this Agreement, the User is advised not to use the Applications or access any of the Services provided on it.
While this Agreement applies to the User’s access to and/or the use of The Applications, they may be supplemented or changed by additional terms and conditions (“Additional Terms”) relating to:
- The use of specific aspects of Services, functions and/or features made available on the Applications;
- Any revised and/or updated version(s) on the Applications.
In the event of any inconsistency between this Agreement and the Additional Terms, the Additional or Amended Terms shall, unless otherwise provided, prevail.
The User hereby authorizes HME to carry out the roles defined in this Agreement, whether expressly or impliedly. The user agrees to comply with the Terms and Conditions wholly and acknowledges that the use of the Applications is conditional upon the acceptance of this Agreement.
The User acknowledges and agrees to be bound by this Agreement and is solely responsible for understanding and complying with any and all laws, rules and regulations of Singapore that may be applicable to the User in connection with the User’s use of the Services. These include the grounds on which HME is entitled to suspend or terminate the User’s account without notice.
HME reserves the right to close, suspend, or limit the User’s access to the Applications should the User violate this Agreement or any other agreement the User may enter into with HME.
1) The Mobile Application
1.1 The App is subject to this Agreement and the terms and any rule or policy applied by any Appstore provider or operator whose sites are located at App Store and Google Play (the “Appstore Rules”). HME grants Users a limited, non-sublicensable, non-transferable, nonexclusive and revocable license to use The Applications on their device subject to this Agreement and the Appstore Rules.
1.2 The User agrees to only use our mobile application directly downloaded from the official channels provided and approved by HME, solely in executable code format and solely for the User’s lawful purposes. With respect to any open source code that may be incorporated into our App or its Services, such open source code is covered by the applicable open source or third-party license, if any, authorizing use of such code.
1.3 HME accepts no liability for any loss or damage arising directly or indirectly from any act or omission of any app store provider.
2.1 The applications will be updated periodically, and the content found on The Applications may change at any given time. HME shall not be liable for any information, which may be out of date. Users are advised to take notice that The Applications may require the latest update to function normally and during each update, services provided on The Applications may be impaired. Any updates installed for The Applications would require Users to accept any Additional Terms.
2.2 All terms contained in this Agreement are applicable to all versions, past and present of our App and Online Applications.
2.3 HME does not guarantee that The Applications, or any content in it, will be free from errors or omissions.
3) Intellectual Property Rights
3.1 The User shall only use materials on our applications for personal use and solely as necessary in relation to those Services. The User hereby acknowledges that any intellectual property rights in The Applications are owned by us.
3.2 Materials on The Applications, includes all related intellectual property rights, in and to the App software (including without limitation developer tools, sample source code, and code libraries), data, materials, content, printed and electronic documentation (including any specifications and integration guides) , the Services and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the User or any other party relating to the Services developed and provided by us
3.3 This Agreement does not constitute a sale agreement and does not convey to the User any rights of ownership in or related to the Services, the App software or any intellectual property rights owned by us and/or its licensors. The User may not, and may not attempt to,
directly or indirectly:
- transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Services or the materials on our applications to any person or entity;
- remove, obscure, or alter any notice of any of our trade marks, or other “intellectual property” appearing on or contained within the Services or on any materials on our applications;
- modify, copy, tamper with or otherwise create derivative works of any software included in the materials on our applications; or
- reverse engineer, disassemble, or decompile the materials on The Applications or the Services or apply any other process or procedure to derive the source code of any software included in the materials on the applications or as part of the Services
4.1 Users must be 18 years or over and declares so upon the use of the Services and by opening an account with us. We reserve the right to request for proof of age and verification will be done only with official identification documents.
4.2 Only individuals can register as a User and each individual is entitled to only one User account.
4.3 Users who employ the use of our applications for business purposes confirm, acknowledge and agree that they have the authority to bind any business or entity on whose behalf the User uses the Services, and that business or entity accepts these terms.
4.4 Users may only open an account with us if it is legal to do so in Singapore or their country of residence. Use of our applications is confirmation that the opening and operation of the account with us does not violate any laws applicable to the User. The User shall take and accept all responsibilities for any consequences resulting from any breach of this Agreement.
5) Signing Up
5.1 To start using the Services on our Applications, the User must open an Account with us and provide details as prompted. As part of the signup process the User will need to accept this Agreement.
5.2 Information requested from the User may include but is not limited to the following:
- Proof of residential address through a copy of the User’s utility bill or bank statement;
- Mobile phone bill; and
- Official identification documents.
5.3 All information the User provides to us must be complete, accurate and truthful at all times. Users are responsible for updating the information as and when changes are required for us to communicate with the User electronically. We will not be responsible for any financial loss arising out of the User’s failure to do so.
5.4 The User understands and agrees that should any of the information provided by the User become outdated due to the email address or mobile number being out of use or if the User is otherwise unable to receive electronic communication when we communicate with the User electronically, we shall still be deemed to have provided the communication to the User effectively.
5.5 We may request the User at any time to confirm the accuracy of the provided information and/or provide additional supporting documents.
5.6 The User may update their contact information by contacting us at: email@example.com
5.7 All activities under the User’s Account shall be deemed as activities carried out by the registered User. The User shall only use the Services to transact on their own account.
5.8 The User may only open one HME Account unless agreed in writing with us for the opening of additional accounts. As the account is linked to a Singapore identification card number for the download of the mobile application, each identification number is only permitted to hold one account at any given time. We may refuse the creation of duplicate accounts for the same User. Where duplicate accounts are detected, we may close or merge these duplicate accounts at its sole discretion.
6 Customer Due Diligence
6.1 We are required by law to carry out all necessary security and customer due diligence checks on the User (including any parties involved in the User’s transactions for example, the recipient) in order to provide any Services to the User. The User agrees to provide us with correct and updated information. The User’s registration must be followed with the submission of such supporting documentation and information as we may require from time to time in order to identify the User and perform checks and verification of information or otherwise, including anti-fraud, anti-terrorism and anti-money laundering verification as may be required by law.
6.2 The User agrees that all documentation and information provided to us is truthful, accurate and complete as at the time of registration and throughout such time that the User has a HME account. The User also agrees to comply with any request from us for further information and provide such information in a format acceptable to us.
6.3 In addition, the User agrees that we may make, directly or through any third party, any inquiries considered necessary to identify the User and perform checks and verification of information or otherwise, including anti-fraud, anti-terrorism and anti-money laundering verification as may be required by law. We reserve the right to also validate the information provided, including checking commercial databases or credit reports. The User hereby authorizes us to obtain one or more of the User’s credit reports, from time to time, to establish, update, or renew the User’s account or in the event of a dispute relating to this Customer Agreement and activity under the Account.
6.4 We retain the sole and absolute discretion to approve or reject any registration in whole or in part. We shall not be required to provide any reason or explanation for exercising their discretion in approving/rejecting any registration.
7.1 The User shall not disclose the HME Account password or customer reference number to any third party and to keep such details safe.
7.2 The User also agrees to take precautionary measures including but not limited to changing the password regularly.
7.3 We or any of our staff, agent or anyone related to us in the process of providing the Services will never ask the User to provide your password to us or to a third party. The User is obliged to report any such suspicious activity to us directly and expeditiously.
7.4 If the User suspects that the HME Account, login details, password or other security feature is stolen, lost, used without authorization or otherwise compromised, the User is advised to change the password.
7.5 The User confirms, acknowledges and agrees to regularly check the transactions history of their Account.
7.6 The User further agrees to contact Customer Support immediately in case of any unauthorized, incorrect, or misdirected transaction, or if the User suspects that the HME Account has been compromised. Any undue delay in notifying us may not only affect the security of the User’s HME Account but may result in the User being responsible for financial losses.
7.7 We reserve the right to suspend the User’s Account or otherwise restrict its functionality if there exist concerns about:
- The security of the HME Account or any of its security features; or
- Unauthorised or fraudulent use of the HME Account or any of its security features.
7.8 We will notify the User of any suspension or restriction of the User’s Account and of the reasons for such suspension or restriction as soon as reasonably possible, unless notifying the User would be unlawful or compromise our reasonable security interests.
7.9 We will only lift the suspension and/or restriction as soon as practicable after the
reasons for the suspension and/or restriction have ceased to exist.
7.10 The User hereby acknowledges and undertakes that their email account(s) are secure and only accessed by the User, as the User’s email address may be used to reset passwords or to communicate with us about the security of the HME Account.
7.11 The User commits to let Customer Support know immediately if their email address has become compromised.
7.12 In the event the User permits any functionality that allows login details or passwords to be stored by the computer or browser used, or to be cached or otherwise recorded, the User undertakes all responsibility and risks associated with such functionality and indemnifies us from all liability.
7.13 Additional products or services provided may require additional security requirements and the User must familiarize with those additional security requirements as notified to them.
8) Remitting Money
8.1 The User must set up a payment order form in order to send remittance instructions to us.
8.2 The User agrees and undertakes to provide certain information to us as may be required, including (a) the full name of the recipient, (b) the recipient’s bank account details, the currency type or the amount to be transferred.
8.3 Each payment order is given a unique transfer number and is shown in the transaction history found in the applications. The User is responsible for checking and reconciling the accuracy of the transaction history.
8.4 We reserve the right to inquire on any transfers and perform all other necessary vetting procedures (“Verification Checks”). Verification checks may increase the time it takes to process the User’s payment order. We cannot be responsible for any delays as a result of carrying out those checks.
8.5 We would not act on your remittance instructions till we receive your full payment.
8.6 All information provided to us for cross border fund transfers must be accurate. We cannot be responsible for wrong information provided to us that result in losses for the User.
8.7 We may charge a fee to cover costs for amendments should the customer wishes to re-send the remittance after it has been rejected by the receiving bank for reasons of wrong beneficiary information.
8.8 In the event of any refund where a foreign currency exchange is involved, the rate will be based on the prevailing market rate.
9) Account Suspension
9.1 We may, at any time, terminate the User’s Account or any service associated with it without giving any prior notice or reason for doing so. The User may terminate their Account with us at any time by contacting Customer Support.
9.2 We may at any time suspend or terminate the User’s Account without notice if:
- The User breaches any provision of this Agreement or documents referred to in this Agreement;
- The User infringes HME’s or any third party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
- There is reason to believe that the User is in violation of any applicable law, statute, ordinance or regulation;
- Requested or directed to do so by any competent Court of law, government authority, public agency, or law enforcement agency;
- The User acts in a manner that is defamatory, threatening or harassing to HME’s employees, agents or other Users;
- There exists reason to believe that the User is involved in any fraudulent activity, money laundering, terrorism financing or other criminal and/or illegal activity; or
- The User controls a User’s account that is linked to another User’s
Account that has engaged in any of these listed restricted activities under 9.2 of this Agreement.
9.3 We may suspend the User’s Account at any time if:
- There is reason to believe that the User’s Account has been compromised or for other security reasons; or
- There is suspicion the User’s Account has been used or is being used without authorisation or fraudulently, and
- We will let the User know as soon as practicable if a need to suspend the User’s Account arises, unless notifying the User would be unlawful or compromise our reasonable security interests.
9.4 The User is prohibited from using our applications and its Services if this Agreement ends. On termination for any reason all rights granted to the User in connection with the applications and its services shall cease, the User must also immediately delete or remove our applications from the registered mobile device.
10) Closing Accounts
10.1 We may, at any time, terminate the User’s Account or any service associated with it without giving any prior notice or reason for doing so.
10.2 We may at any time suspend or terminate the User’s Account without notice if:
- There exists a breach of any provision of this Agreement or documents referred to in this Agreement;
- There is reason to believe that the User is in violation of any applicable law or regulation;
- Requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency; or
- There is reason to believe that the User is involved in any fraudulent activity, money laundering, terrorism financing or other criminal and/or illegal activity.
10.3 We may suspend the User’s Account at any time if:
- The User’s Account has been compromised or for other security reasons;
- It is suspected that the User’s Account has been used or is being used without authorization and/or fraudulently; or
10.4 The User is prohibited from using the App if this Agreement ends. On termination for any reason all rights granted to the User in connection with The Applications shall cease, the User must immediately delete or remove The Applications from all mobile devices.
OTHER THAN EXPRESSLY SET OUT IN THIS AGREEMENT, NEITHER HME NOR HME’S OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, AGENTS, AND RELATED ENTITIES MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES.
FOR EXAMPLE, HME DOES NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET THE USER’S NEEDS. HME PROVIDE THE SERVICES “AS IS”.
11.1 To the fullest extent permitted by law (and without limiting any other provision found in this Terms and Conditions), we and all related entities exclude all liability to the User or anyone else for any loss or damage of any kind (howsoever caused or arising) arising from or
in connection with the Services.
11.2 Without limiting the above, in the event that the User or the User’s employees, officers or agents are on our premises (or those of our authorised agent), we shall, to the fullest extent permitted by applicable law, not be liable for any loss or damage (including death, personal injury or damage to property) arising from or in connection with being on such premises.
11.3 We do not exclude or limit in any way our liability to the User where it would be unlawful to do so, for example, for death or personal injury resulting from our negligence, or for fraud or fraudulent misrepresentation.
11.4 We only provide Services to the User for personal and private use. If the User employs the Services for any commercial or business purpose, we will not be liable for any loss of profit, loss of business, business interruption, loss of business opportunity, or consequential loss.
11.5 We will not be liable for any loss or damage caused by a bug or virus, or other technological attacks or harmful material that may infect the User’s computer equipment, computer programs, data or other proprietary material, related to the User’s use of the Services.
11.6 We have no control over websites linked to and from us and so
assumes no responsibility for content or any loss or damage that may arise from the User’s use of them.
11.7 We (and our officers, directors, employees, suppliers, agents and related entities) cannot be liable for any failure to perform, or delay in performing, any obligations as a result of events which are outside our control. An event which is outside our control refers to any act or event beyond our reasonable control, including, but without limitation to, strikes, lockouts or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11.8 To the fullest extent permitted by applicable law, the User shall be responsible and hold us (and our officers, directors, employees, suppliers, agents and related entities) harmless from any and all loss, damage, liabilities, claims, costs and expenses due to, or arising out of or in connection with, the User’s breach of this Agreement or any applicable law or regulation, the User’s use of The Applications and/or any fraud by the User. This provision shall continue to be in force even after the User ceases to use The Applications.
12) Governing Law and Jurisdiction
The validity, interpretation, and performance of this Agreement contained herein shall be governed by the laws of the Republic of Singapore without giving any effect to the conflicts of law provisions thereof. Any disputes, controversies or claims in connections with or arising out of this Agreement including but not limited to, its negotiation, breach, existence, validity, or termination, shall be governed by and construed in accordance with the laws of Singapore. All parties irrevocably submit to the exclusive jurisdiction the Courts of Singapore.