As part of your registration and use of the Service, you represent and warrant that:
(a) If an individual, you are at least eighteen (18) years of age;
(b) You are eligible to register and use the Service and have the right, full authority and ability to enter into this Agreement and perform under these Terms and Conditions;
(c) You will not be violating any laws or regulations by registering with us, entering into or by performing any part of this Agreement, or by otherwise using the Service;
(d) All information provided by you as part of your registration and use of the Service is current, accurate and complete, and you undertake to promptly notify us of any changes to such information;
(e) You will ensure that your all information provided at registration remains accurate and up to date; and
Each Order must include all correct and accurate information as requested by us, including but not limited to:
(a) Type and amount of currency requested;
(b) Type and amount of currency offered;
(c) Payee details; and
(d) Other instructions (e.g., payee notification).
You hereby agree to indemnity and render us, our directors, officers, employees, agents, affiliates, holding companies, subsidiaries, service providers or subcontractors and assign free and harmless from and against any claim, cause of action, suit, liability, and loss or damage of whatever nature that may arise as a result of or in connection with your use of the Service in the following instances:
(a) Losses or damages alleged to result from our failure to properly complete a Transaction;
(b) Losses or damages alleged to result from our delay in completing a Transaction;
(c) If, through no fault of ours, you have not timely deposited sufficient funds with us to make the Transaction;
(d) If your system or device was not working properly during your use of the Service and you knew about the breakdown when you started the Transaction;
(e) For errors made by you or a Recipient, such as making a transfer to an unintended person or transferring an unintended amount;
(f) For errors by your bank, such as the provision of an incorrect bank account information;
(g) For losses or damage arising from your misuse or inability to use the Service and the Website, whether due to reasons within our control or not;
(h) For losses or damage to you from our inability to complete a Transaction because we are prohibited by law or for losses or damage caused as a result of actions taken due to our obligations under applicable law or order; or
(i) Due to circumstances beyond our control (such as failure or interruption of telecommunications or data transmission systems) that prevent or affect the Transaction, despite reasonable precautions that we have taken.
In providing the Service to you, neither we nor any of our affiliates, holding companies, subsidiaries, employees, officers, directors, agents, service providers or subcontractors, makes any express warranties or representation to you with respect to the Service except as set out in this Agreement, and all implied and statutory warranties and representations, including without limitation any warranty of fitness for a particular purpose, merchantability or non-infringement are hereby expressly disclaimed to the maximum extent permitted by applicable law.
In no event shall we or any of our affiliates, holding companies, subsidiaries, employees, officers, directors, agents, service providers or subcontractors be liable to you or any third party for any indirect, special, consequential, punitive, exemplary or incidental damages, whether based on negligence, wilful misconduct, tort, contract or any other theory of law, or for any damages for loss of data, loss of income, failure to realize expected revenues or savings, loss of profits or any economic or pecuniary loss.
We further disclaim any and all liability for any goods or services brought or sold by you that are settled through your participation in the Service.
We may immediately terminate your registration and this Agreement at any time without prior notice to you if:
(a) In our reasonable opinion we determine in our sole discretion that you are not eligible to use the Services or that you are using them for an impermissible purpose;
(b) In our reasonable opinion, your account is not operated in a proper or regular manner;
(c) Threaten to breach or you have breached, any terms of the Agreement or the terms of our referral or promotional programs;
(d) In our reasonable opinion you have materially breached the law;
(e) It is necessary for us to do so in order for us to meet any obligation, either in Singapore or elsewhere in the world, in connection with the prevention of fraud, money laundering, terrorist activity, bribery, corruption or tax evasion, or the enforcement of economic or trade sanctions;
(f) It is unlawful for us to continue to provide the Service;
(g) You have given us untrue, inaccurate, incomplete or misleading information;
(h) You become insolvent or bankrupt or subject to judicial proceedings;
(i) In our reasonable opinion, you engaged in behaviour that we in our sole discretion view as suspicious or otherwise of concern;
(j) In our reasonable opinion duplicate accounts are opened for the same person;
(k) In our reasonable opinion it is impossible to get in touch with you by the telephone number and email address you have provided; or
(l) You or your bank initiated a chargeback or rejection of an attempted transfer.
Any notice of legal claim or other process pursuant to this Agreement shall be delivered via post to TranSwap's registered address at:
17 Upper Circular Road, #03-00, Juta Building, Singapore 058415
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