TransferFriend PTE. LTD. (“TF”) presently operates within a regulatory sandbox (“Solution”) under the jurisdiction of the Monetary Authority of Singapore.
Please be advised that users of the Solution will not have access to the dispute resolution scheme managed by the Financial Industry Disputes Resolution Centre.
1. Contract and Overview
1.5 The terms “you” and “your“ refer to users of the Service, as Senders, Recipients, other users or visitors to the website.
1.8 The Service was created: (a) to assist customers in delivering funds through our platform built on providing blockchain ledger service to their family and friends, to and from Indonesia. More countries will be added to our list in the near future; and (b) to provide financial education through our platform.
2. Personal Non-Commercial Use:
2.1 This Website is for personal and non-commercial use. Unless otherwise specified or as provided in these Terms, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Materials contained herein.
3. Our Obligations
3.2 We are not obliged to process any particular Transaction. When you submit a Transaction Request, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction, we may still suspend or cancel it in our discretion.
3.3 Delivery times quoted on our service levels or elsewhere on our website are representative for the “normal” or average service and are not a guarantee of an individual Service or Transaction time. Working day constitutes to the normal average business working day in the week.
3.4 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise to comply with applicable law.
3.5 We may send and receive notifications in relation to Transactions by email and SMS. An official receipt can be issued upon request for now, but we will be issuing a receipt of your transaction automatically in the near future. We will provide you with information after receipt of a Transaction Request enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request, our Service Fee, exchange rate and the date on which the Transaction Request was received.
4. Your Obligation as a User
You agree that:
4.1 You will not access, use or attempt to use the Service to provide any Instructions unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction
4.3 In connection with your registration and use of the Service, you will:
(a) provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;
(b) provide us with any identity documentations as may be requested by us;
(c) provide us with details of one or more Payment Instruments;
(d) provide us with true, accurate, current and complete information as we indicate on the website is required to receive the Service and any other information which may be required in relation to the Recipient;
(e) any other information that must be provided for a Transaction Request to be properly executed, as specified when you enter the details of the Transaction you are interested in on our website.
4.4 You will only use the Service to send money to people that you know personally and not to pay for goods or services from third parties you do not know and trust. You acknowledge that TransferFriend may refuse to process your Transaction Request where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or unethical activities. If you choose to pay third parties for goods and services using the Service, you acknowledge that TransferFriend has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.
4.6 Prohibitions in relation to usage of Services: Without limitation, you undertake not to use or permit anyone else to use the Services: –
4.6.2 For a purpose other than which we have designed them or intended them to be used;
4.6.3 create more than one registration without our prior written permission;
4.6.4 furnish false data including false names, addresses and contact details and fraudulently use credit/ debit card numbers;
4.6.5 allow anyone else access to your registration details, and you will keep those details safe and secure;
4.6.6 refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;
4.6.7 to engage in any act of misrepresentation of other unethical behaviours including but not limited to expressly or impliedly stating that any statements you make are endorsed by us, without our prior written consent;
4.6.8 use an anonymising proxy (a tool that attempts to make activity untraceable); or
4.6.9 copy or monitor our website using any robot, spider, or other automatic device or manual process, without our prior written permission.
4.4.10 Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene or otherwise.
5. Collection of Information
5.1 Customer Identification Program. Singapore law; the Notice 626 Notice on Prevention of Money Laundering and Countering the Financing of Terrorism2 015 and the Money-Changing and Remittance Businesses Act (2008) requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.
5.4 TransferFriend may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a “password”, a “secret word”, or other similar identifiers.
6. Exclusions of Warranty and Disclaimers
6.1 The Materials and Website are designed and maintained by TransferFriend as a service to its customers and are for informational purposes only.
6.2 You expressly understand and agree that:
6.2.1 Your use of the Website and Materials is at your sole risk and that the services are provided “as is” and “as available” without any express or implied warranty of any kind including warranties of merchantability, non- infringement of intellectual property, or fitness for any particular purpose.
6.2.2 Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
6.2.3 In no event shall TransferFriend or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information) arising out of the use of or inability to use the web sites or Materials.
6.2.4 The information presented on this Website and the Materials including facts, views, advice, analyses, opinions and recommendations of individuals and organisations are provided and made available for general information purposes only. It is not intended as investment advice and must not be relied upon as such, TransferFriend are not giving or purporting to give or representing or holding ourselves out as giving personalised financial, investment, tax, legal and other professional advice. User shall always seek the relevant professional advice before otherwise making any such financial, legal or commercial decisions.
6.2.5 No information contained in this website constitutes or would be deemed to constitute an invitation or inducement to invest or otherwise deal in the shares of the public listed company or an invitation or inducement by or on behalf of the public listed company or any of its subsidiaries to enter into a contract with you.
6.2.6 Any facts, views, advice, analyses, opinions and recommendations expressed or made available by any individual or organisation are those of the respective author(s). TransferFriend cannot and do not endorse, and cannot be responsible for such facts, views, advice, analyses, opinions and recommendations expressed, or advocate any commercial dealings in any securities, investments or classes of securities or investments nor does the inclusion of a link to other web site(s) or resources imply any form of endorsement by TransferFriend. You must always seek the relevant professional advice before otherwise making any such financial, legal or commercial decisions.
6.2.7 TransferFriend cannot and do not make any representation or warranty as to the accuracy or completeness of data feeds (including stock quotes, currency rates or other price or information feeds) though it is generally believed to be timely and accurate.
7. Exclusion of Liability
7.1 You expressly understand and agree that TransferFriend shall not be liable to you or accept responsibility for:
7.1.1 any failure to perform the Service (e.g. your Instruction) as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations;
7.1.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
7.1.3 any losses or delays in transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software which is not under our control; or
7.1.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.
7.1.5 nothing in this clause 7 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.
7.2 Where you are sending a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions of this clause 11 not only for yourself, but also on behalf of the Payee.
7.3 Your relationship is with TransferFriend only. You agree that no affiliate or agent of TransferFriend owes you any duty of care when performing a task which would otherwise have to be performed by TransferFriend under its agreement with you.
8. Use of the App
8.1 The use of the app is at your own risk. The App is provided on an “as is” basis.
8.3.1 not to copy the App (except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security); and
8.3.2 not to rent, lease, sub-license, loan, alter, translate, merge, adapt, vary or modify the App.
8.4 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
8.6 The App is provided to you free of charge and as a result no representations, conditions, warranties or other terms of any kind are given in respect of the App, and all statutory warranties and conditions are excluded to the fullest extent possible under applicable law.
8.7 In relation to your use of the App, we do not, in any event, to the extent permitted by law, accept responsibility for:
8.7.1 any failure to perform the Services, or any losses or delays in the transmission of messages, due to circumstances outside our control or due to our obligations under any applicable laws, rules or regulations;
8.7.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages we send to one another;
8.7.3 errors in the App or with the Service caused by incomplete or incorrect information provided to us by you or a third party; or
8.7.4 any loss or damage you suffered by you as a result of you using our App on a ‘jailbroken’, ‘rooted’ or otherwise modified device.
10. Accuracy and Completeness
10.1 TransferFriend, its related companies, and its directors, officers, agents, employees or contractors do not give any representation or warranty as to the timeliness reliability, accuracy or completeness of any information on this website, or warrant that any of the functions contained in any information on this website or your access to this website will be uninterrupted or error-free.
10.2 The information contained in this website is not comprehensive. Despite our efforts, it may not be accurate, up to date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions in this website and any decisions you make based on information contained in this website are your sole responsibility. Neither TransferFriend, its related companies, and its directors, officers, agents, employees or contractors accept liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, or the use of this website or any information contained in it.
11. Changes and/or Amendments
11.1 TransferFriend reserves the right to modify or discontinue, temporarily or permanently, Websites or Materials (or any part thereof) with or without notice. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If revisions materialise, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. We assume no liability or responsibility for any errors or omissions in the content of the Mobile application.
11.2 Your continued use of the website and service following such changes will be deemed acceptance of such changes.
12. Third Party Content
13. Use of Hyperlink
13.1 TransferFriend is not responsible for the content of any other website, including any website through which you may have gained access to our website or to which you may gain access from our website. Our Service may contain links to third-party websites or services that are not owned or controlled by Transfer Company. We do not accept any liability in connection with any such sites or links. Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on our website. Such a hyperlink does not signify that TransferFriend has reviewed or approve of the connected third party’s website or its contents.
13.2 TransferFriend has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that. TransferFriend shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on through any such websites or services.
14. Security, Passwords and Means of Accessing The Site and Content
14.1 You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair any TransferFriend accounts, computer systems or networks. You agree not to attempt to gain unauthorized access to any parts of the Website, Facebook page or any TransferFriend accounts, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Website, Facebook page or any TransferFriend accounts, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Website, Facebook page or any TransferFriend accounts, computer systems or networks without TransferFriend’s express written permission.
14.2 Access to and use of password protected or secure areas of the Website is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Website. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Website. You agree to notify TransferFriend immediately of any unauthorized use of your password(s) or account(s).
15.1 This Agreement shall remain effective until terminated in accordance with its terms, we may terminate or suspend your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
16.1 TransferFriend will not share, sell, or rent individual personal information unless ordered by a court of law. Information submitted to us is only available to those managing this information and for the purposes of contacting you or sending you publications or emails based on your requests for information.
16.2 We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
16.3 We will only retain personal information as long as necessary for the fulfilment of those purposes.
16.4 We will collect personal information by lawful and fair means, and, where appropriate, with the knowledge or consent of the individual concerned.
17. Applicable Law and Jurisdiction