Customer Agreement (Singapore)
1. What is the User Agreement and why is it important?
1.1 The TranSwap User Agreement (this “Agreement”) is a legally binding agreement between you (“you” or “User”), or any entity you are authorised to represent, and Transwap Private Limited (“TranSwap”, “we”, “us”, or “our” as applicable).
1.2 You are advised to read this Agreement carefully. Transwap Private Limited is not a bank and therefore the Singapore Deposit Insurance Scheme (SDIC) does not apply.
1.3This Agreement sets out the terms and conditions (“Terms and Conditions” or “terms” as applicable) governing the use of our website www.transwap.com (“Website”) and its related services that we may agree to provide you from time to time (“Services”), including applications which allow you to use our Services. These Terms and Conditions are binding on you therefore it is important that you read and understand this Agreement.
1.5By accessing and using the Website, you are deemed to have expressly read and understood this Agreement and accepted the Terms and Conditions when you use our Website and our Services. You agree to be bound by these Terms and Conditions and other specific rules and procedures as determined or as may be amended from time to time at our sole discretion.
1.6This Agreement may be subjected to changes at our sole discretion. We will inform you of the changes via your registered email address with us or any other means deemed appropriate by us. By continuing to use our services after the changes, you are deemed to have read and understood the Agreement and accepted the Terms and Conditions.
1.7The headings are for reference only. Please read and understand each individual clause in detail.
1.8 The most current version of this Agreement will always be found at https://www.transwap.com/terms-of-service.
2.Who is TranSwap and what do we do?
2.1Transwap Private Limited is a company incorporated in Singapore with UEN 201427511E and a Major Payment Institution licensed by the Monetary Authority of Singapore (“MAS”) under Payment Services Act 2019 (“PSA”) to facilitate cross-border money transfers. Our license number is PS20200415. You may locate our details on the MAS Financial Institution directory.
2.2Our registered office address is located at 29 Media Circle, #02-06, Alice@Mediapolis, South Tower, Singapore 138565.
2.3We are also licensed in Hong Kong as a Money Service Operator (Licence No. 16-07-01882) with the Hong Kong Customs and Excise Department and in Indonesia (License Number 21/248/Sr/3) by Bank Indonesia (BI).
3.Definitions you should know
3.1In this Agreement, unless otherwise expressed in a different context:
- Account means all your accounts with us, including accounts for the purpose of using any of our Services.
- App or Application means our mobile application software which you can use to access our Services, including any data and associated media with the software.
- Authorised Person means a natural person authorised to bind you and/or your company under this Agreement.
- Authorised User means a natural person authorised by an Authorised Person to use our Services on behalf of your company.
- Balance means any amount of e-money held in your account with us.
- Business Day means a day (except Saturdays, Sundays, and public holidays) on which financial institutions are open for business in Singapore.
- Company or Business or Corporate means an entity who is not a natural person.
- Customer means any legal person or company who have registered for an account and have been accepted by us.
- Designated Account means a bank account provided by you to facilitate any future withdrawal requests.
- E-money means stored value in your Account which is equivalent to the same amount in its corresponding stored currency. All money received in your Account is considered as e-money.
- Payment transaction or Order means an instruction by a sender to send money to a receiver or an instruction by a Customer to fund an Account. This includes conversion of one currency to another within your Account.
- Receiving Currency means the currency which your recipient will receive in a payment transaction.
- Recipient or Beneficiary or Payee means the entity receiving the money from a payment transaction.
- Services means any form of content, feature, function, product, service, or technology offered by us, including all related websites, applications, and services.
- Sender or Originator or Payer means the entity initiating a payment transaction. In most cases, this will refer to you.
- Sending Currency means the currency which you will fund a payment transaction.
- Source Account means the account from which money is transferred from to fund a Payment Transaction.
4.Who can use our Services?
4.1If you are an individual, you must be at least eighteen (18) years of age.
4.2If you represent a Company, you confirm that you have authority to bind the Company on whose behalf you use our Services, and that the Company accepts all the Terms and Conditions set out in this Agreement.
4.3You must be eligible to register and use our Services and have the right, full authority, and ability to enter into this Agreement and perform under these Terms and Conditions.
4.4You must ensure that 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 our Services.
5.Your Account with TranSwap
5.1Your TranSwap Account allows you to hold, send, or receive payments. Your e-money in your Account is issued in accordance with PSA.
5.2Your e-money held in your Account with us:
- Will not earn any interest;
- Will be subjected to daily balance limits and annual transaction limits as specified by PSA (For individual customers only);
- Will not be withdrawable in cash;
- Belongs to the legal person or company which is registered as our Customer; and
- Is equivalent to the value of the respective currency it is held in.
5.3You may convert e-money held in a currency in your Account to any other currencies which we support from time to time. A conversion fee may apply for each conversion. You will be able to view the fees before ordering the transfer. You must agree to our fees to proceed with the conversion.
5.4You must not use your Account to send, receive, convert, or transfer on behalf of someone else. If you are an individual, you must not use your Account for business purposes.
5.5If you are an individual customer, regulation requires us to limit the amount of e-money you can hold daily and e-money you can send each year. You will be subject to the following limits:
5.5.1You may only hold a maximum of Singapore Dollars 5,000 or equivalent in e-money in your Account at end-day Singapore time. Any excess amount will be automatically withdrawn from your Account as a Payment Transaction to your Designated Account. You will be charged the prevailing transaction fee as though you have ordered the Payment Transaction. If your excess amount is held in other currencies, we will apply the prevailing exchange rate for the withdrawal.
5.5.2You may only send a maximum of Singapore Dollars 30,000 or equivalent in e-money from your Account with us each year. This does not include withdrawal Payment Transactions made to your Designated Account. Once you have reached this limit, we will not allow any further Payment Transactions funded by your e-money except for Payment Transactions made to your Designated Account.
5.6E-money in your Account may be withheld from you if:
- Part or all of your balances in your Account is under an ongoing investigation either by us or by the relevant authorities;
- Part or all of your balances in your Account is pending a transaction reversal; or
- We are prohibited by law to allow the withdrawal of your e-money.
6.Your responsibilities as a User
6.1You play an important part in helping us to provide you a safe environment to use our Services. Please read this section carefully as it will help to protect you when you are using our Services.
6.2Registering Your Account
6.2.1You are required to register for an Account with us at https://app.transwap.com/signup before you can use our Services.
6.2.2As part of our regulatory obligations to the governing authorities, you are required to provide all of the following information:
- Your full name
- Your date of birth
- Your nationality
- Your country of birth
- Your unique identification number
- Your email address – which will be used as your login username
- Your mobile contact number – which will be used for 2FA OTP verification
- Your residential address
- Your occupation and industry
- Other identification documents and related information when required
- Other information and/or documents which will allow us to understand your profile better
6.2.3You are required to undergo our identity verification process to allow us to verify your identity. We may require you to go through a third-party verification system at our cost and discretion or conduct a face-to-face verification with you.
6.2.4You will ensure that all information provided by you as part of your registration and use of our Services is current, accurate, and complete.
6.2.5You will ensure that all of your information provided at registration remains accurate and up to date, and you undertake to promptly notify us of any changes.
6.2.7From time to time, you may be required to provide additional information to allow us to continue providing our Services to you.
6.2.8You will register for an Account with us only once, and each User must maintain a separate registration. If we detect multiple active registrations for a single User, we reserve the right to merge or terminate the registration and refuse all continued use of our Services without notification to you.
6.2.9For Business Accounts, you also agree to the clauses stated on the account opening forms and account update forms (wherever applicable).
6.3Keeping Your Account Safe
6.3.1All instructions received from your registered email address or mobile contact number is deemed to be valid and is binding on you. Therefore, it is important that you keep your account safe at all times.
6.3.2You must never disclose your login credentials or your customer reference number to a third party. We will never ask you for your password or customer reference number. These are not verification questions we ask our customers.
6.3.3You should use a strong password to secure your Account. If you have forgotten your password, you can reset it by requesting for a link to be sent to your registered email address with us at https://identity.transwap.live/account/forgotpassword.
6.3.4You must ensure that the email address and mobile contact number provided during registration belongs to you, and that they are secured and only accessible by you. Your email address may be used to reset your login password or to communicate with you about the security of your Account.
6.3.5You must inform us immediately if your mobile contact number has changed, your email address has changed, or either your mobile contact number or email account has been compromised.
6.3.6You must inform us immediately in case of any unauthorised or incorrect transaction, or if you suspect that your Account has been compromised.
6.3.7When accessing your Account, you must ensure that your device is secured and maintained with the latest security updates. You are responsible for ensuring that your login session is safe and secured.
6.4Managing Your Account
6.4.1You are responsible for ensuring that your Account is in good order. You must check your Account regularly and inform us immediately if you discover any irregularities.
6.4.2You will receive an email after the completion of every Payment Transaction. Your transactions can also be viewed after logging in to our Website. You must report any disputes within 24 hours from the time of a transaction. By not reporting any disputes to us within 24 hours, you agree that all transactions and entries in your transaction history are considered true and correct.
6.4.3There are risks associated with holding multiple currencies in your Account. We have no control over the fluctuations in the relevant exchange rate pairs. We also have no control over currency controls which may be instituted by the respective corresponding country. By using this Service, you agree and accept all such risks.
6.4.4You must ensure that your Account does not have a negative balance. You agree to have a zero or positive balance in your Account at all times. If your Account goes into a negative balance as a result of any actions carried out by you, including but not limited to fees, chargebacks, and transaction reversal, you must repay the negative balance immediately without requiring us to send you any notice.
6.4.5You should ensure all fees payable by you are available from your Transwap Balance at all times before payment execution. Fees payable by you will be deducted from your active Transwap Balance with authorisation hereby upon the account activation. If your Transwap Balance is insufficient to cover, pay or settle the fees, we may refuse to execute the payment, subject to Transwap’s sole discretion. Reversal, payment cancellation, negative balance or chargeback fees will be deducted when incurred and you are liable to repay the fee immediately.
6.4.6You may be charged a zero-conversion fee if you have not converted the payment into currencies upon payment execution. Zero-conversion fees will be charged when one or any transaction is executed. The fee is payable by you and due immediately; however, we reserve the right to send you reminders, e-debit notes or take appropriate actions at any time.
6.4.7You may be charged an inactivity fee if you have not used the Transwap account and or services or the Transwap account has remained and maintained a zero balance, for a period of time as determined by us in its sole and reasonable discretion.
6.5Ordering A Payment Transaction
6.5.1You must provide all of the following information for every Payment Transaction:
- Sending Currency and amount
- Receiving Currency and amount
- Name of the Receiver
- Bank details of the Receiver
- Other information where applicable or required
6.5.2You are solely responsible for the accuracy and validity of all information submitted to us. You may be charged a fee for any amendments, rejection, cancellation, or retrieval of transaction already completed, regardless if the retrieval is successful or unsuccessful.
6.5.3The exchange rate and transaction fees will be displayed at the ordering screen before you order any transaction. Once you have confirmed that you are agreeable to the displayed exchange rate and transaction fee, the Order cannot be modified. If you need to change any details, you must cancel and start a new payment transaction. Please note that you may or may not get the same exchange rate when you initiate a new payment transaction.
6.5.4Transaction fees displayed does not include any fees your bank or your Recipient’s bank may charge for your Payment Transaction. Depending on the situation, the fees may be deducted from your funds or from the sent amount to your Recipient.
6.5.5You may fund your Payment Transaction via a bank transfer from your bank account or from e-money held in your Account with us. The Source Account must be in your name. We do not accept any form of funding from a third party. We also do not accept other payment methods such as cash or cheque.
6.5.6From time to time, we may allow you to fund your Payment Transaction or deposit e-money to your Account with us using other methods such as credit or debit cards, or similar accounts operated by other payment service providers. Whenever we avail such methods to you, you agree to not perform any chargebacks or refund requests. We are entitled to recovering costs incurred from any investigation regarding such activities from you.
6.5.7We must receive sufficient funds for your Payment Transaction before your Payment Transaction is considered valid. We are not responsible for the time it takes for your bank or any other service provider to process funding instructions. The same applies if you have selected your TranSwap Account as the Source Account.
6.5.8 You may only cancel your Payment Transaction before we receive your funds. If you have chosen to fund your Payment Transaction with existing e-money in your Account, we will treat it as though we have received your funds immediately upon booking. You should contact us at email@example.com for any assistance.
6.5.9We may cancel your Payment Transaction if we do not receive your funds within 24 hours.
6.6Receiving Money In Your Account
6.6.1You may receive money into your Account with us via methods which we explicitly allow. We may change these methods from time to time without any notice to you. You are responsible for the accuracy of such details you provide to the sender.
6.6.2You will be able to view the received amount in your transaction history. You should check your transaction history for any discrepancies and inform us immediately of any irregularities.
6.6.3The money being received into your Account may be subject to reversal. This is done on a case-by-case basis. You agree that we may deduct the money from your Account if it was reversed by the sender or any payment service provider, including banks. In such cases, you will be notified of the reversal via your registered email address before we effect the reversal.
6.7Withdrawing Money From Your Account
6.7.1You will not be able to withdraw from your Account in cash.
6.7.2Withdrawals from your Account is identical to a Payment Transaction (refer to Clause 6.5). You will be charged a fee for each withdrawal request. This fee will be displayed at the ordering screen. You can only proceed if you agree with the displayed fees and charges.
6.7.3All information of the bank account required for us to process your Payment Transaction must be added to your list of payees before you can perform the withdrawal.
6.7.4You are responsible for providing accurate bank account information. We are not responsible for any money sent to the wrong recipient due to error arising from information provided by you. In such cases, you may request for a transaction reversal, but we cannot guarantee that such requests will be completed successfully. We may also charge a handling fee for such instructions, regardless if the reversal is completed successfully.
6.7.5We are not responsible for the time your receiving bank or payment service provider takes to receive your money.
6.8Paying Of Fees And Charges
6.8.1You are solely responsible for the following:
- All fees and charges charged by us and agreed by you during the ordering of a Payment Transaction;
- All fees and charges charged by your bank arising from funding your Payment Transaction;
- All fees and charges charged by the receiving bank arising from your Payment Transaction; and
- All fees and charges involving any amendment, rejection, cancellation, or retrieval for your Payment Transaction.
- All fees and charges involving breach of clauses of this agreement ( where applicable ) during the use of the account.
6.8.2If you fail to pay us the fees and charges specified above in Clause 6.8.1, you authorise us to deduct such fees from your Account with us. If your Account does not have sufficient e-money to cover such amounts, you also authorise us to deduct the amounts from subsequent transactions without requiring any prior notice to you. If you continue to have any outstanding owed to you, we may refuse to our Services to you.
6.9Communications Between Us
6.9.1Our primary method of communication is via email. Therefore, you must ensure that your registered email address with us is valid at all times. Our emails to you may contain links to additional information on our Website. You are required to check your emails regularly and be alert of any information we may send to you.
6.10Adhering To Relevant Laws
6.10.1You must not use your Account or any Services we may provide to you to conduct or facilitate any form of illegal activity including but not limited to fraudulent activity, money laundering, or terrorism financing.
6.10.2You must comply with all laws and regulations related to the use of our Services and the current Anti-Money Laundering and Counter-Terrorism Financing legislation of your residence country.
6.10.3You must not share the access of your Account with a third party. For individual customers, you must remain the sole beneficial owner of your Account.
7.Our responsibilities to you
7.1Safeguarding Your Money
7.1.1As required by law, we must safeguard your money by keeping it with established financial institutions in separate accounts. Money in such accounts do not form part of our assets, and we are not allowed to use the money to finance our operations. These accounts are also not subject to claims by our creditors. If we become insolvent, you can make a claim for your money and it will be return to you, unless the depositing financial institution is insolvent.
7.1.2 We must hold either the exact currency or its equivalent in Singapore Dollars of your money in these separate accounts. Such accounts are usually marked with “Client Account” along with “Transwap Private Limited”.
7.2 Provision Of Services
7.2.1We aim to allow our Users 24/7 access to our Website, except during scheduled maintenance where we will strive to inform you at least 24 hours prior. However, we reserve the right to temporarily suspend or limit access to all or part of our Website or our Services without notice, whether for maintenance or otherwise.
7.2.2Notwithstanding the above, we do not guarantee that our Website or Services will be always available or be uninterrupted. We cannot be held liable for any downtime to our Website or Services, regardless of scheduled or ad-hoc.
7.3Processing Your Payment Transactions
7.3.1We aim to complete all Payment Transactions within 4 business days. Generally, transactions are completed within 2 business days. For orders involving certain receiving currencies, we may be able to complete your Payment Transaction within the same business day. Please reach out to us to enquire. However, all such transaction processing times are not guaranteed, and we cannot be held liable for any delays.
7.3.2If a Payment Transaction is ordered after 6pm, or any time on a non-business day, it will be considered as ordered on the next business day.
7.3.3You will be informed of the estimated completion time for your Payment Transaction when we receive your funds. If it falls on a non-business day at your Recipient’s country, the transaction will only be completed the next working day.
7.3.4To fulfil our regulatory obligations, we may conduct verification checks on your transactions. Verification checks may increase the processing time of your Payment Transaction. We are not responsible and cannot be held liable for any delays as a result of conducting such checks.
7.3.5We reserve the right to reject any instruction from you without providing to you any explanation. If we have received your funds for a Payment Transaction rejected by us, we will refund you the full amount received by us to your Source Account used to fund the Payment Transaction.
7.4.1The applicable exchange rate will be made known to you clearly before you confirm a Payment Transaction. We provide two types of exchange rates: guaranteed and non-guaranteed.
7.4.2We offer 24-hour guaranteed rates for selected currency pairs. This will be made clear to you during the process of ordering a Payment Transaction if it involves currency exchange. The 24-hour countdown starts from the moment you start the process of ordering a Payment Transaction.
7.4.3We offer non-guaranteed rates for other currency pairs not under Clause 7.3.2.The exchange rate applicable shall be dependent on the date and time where we receive your funds for the Payment Transaction. If we do not clearly indicate that the rate is guaranteed, you should assume that it is non-guaranteed.
7.4.4From time to time, we may change a currency pair from guaranteed to non-guaranteed and vice versa without prior notice to you. You should exercise caution and take note of the exchange rate before ordering a Payment Transaction.
7.5Our Fees And Charges
7.5.1We charge a minimal spread and fixed transaction fee (collectively referred to as “fees and charges”) for each Payment Transaction of which are fully visible to you before you accept and confirm every Payment Transaction.
7.5.2These fees and charges differ from each currency pair and are subject to change without prior notice to you.
7.5.3As mentioned before in Clause 6.5.4, fees and charges charged by us does not include any charges charged by your or your Recipient’s bank or payment service provider for processing your Payment Transaction. Depending on the situation, such fees and charges may be deducted from your funds or from the sent amount to your Recipient.
7.5.4When you provide invalid payee details, the receiving financial institution may refuse to process your Payment Transaction. For such cases, we may charge a fee which will be deducted from the sent amount before returning your money to you.
7.5.5We may charge a fee for any amendment or cancellation of an ordered Payment Transaction due to the same reasons. We may also charge a fee for any retrieval requests, regardless if the retrieval is successful.
7.5.6Fees mentioned in Clause 7.4.4 and 7.4.5 are collectively referred to as “administration fees”.
7.6Important Notifications To You
7.6.1We will send you emails to inform you of:
- Changes in the status of a Payment Transaction;
- Updates relating to special requests such as amendments, cancellations, or retrievals;
- Changes to this Agreement;
- Changes to Services offered by us;
- Changes to the way we offer our Services to you;
- Information which may impact the way you use our Services; or
- Any other information as required by legislation.
7.6.2We aim to provide you with a reasonable notice period for any material changes so that you can make any necessary arrangements.
7.6.3If we do not receive any notice indicating that you did not receive our email, it will be deemed received on the exact same day it was sent to your email address.
7.6.4We will not be liable to you or any other parties for losses or damages arising from events listed in Clause 7.6.1.
7.7.1We will handle your disputes in a fair and independent manner in the most reasonable way possible. In all cases, after considering your inputs, our decision is final and not subject to further disputes.
8. Promotion code and promotion campaigns
8.1Any promotion codes provided by us cannot be used together with other promotions unless otherwise stated.
8.2You must have a successfully registered account with us to use a promotion code.
8.3Any form of promotion is not exchangeable for cash or other benefits.
8.4We reserve the right to change or terminate any promotion at any time without giving you prior notice or any form of compensation.
8.5We reserve the right to disqualify you from the promotion if we deem that you have engaged in conduct that we consider inappropriate or unacceptable.
9.Changes to this Agreement
9.1We reserve the right to change all or part of this Agreement without prior notice or explanation to you. We aim to provide you with 30 calendar days’ notice period before we effect the changes. We will always notify you via your registered email address with us when we make any changes to this Agreement.
9.2If you object to any changes to this Agreement, you must submit a termination request to us at firstname.lastname@example.org within 5 business days from the notice of the changes. If you do not notify us within this period, or if you continue to use our Services after the notice of the changes, it shall be assumed that you have accepted the changes.
10.When can we suspend your Account?
10.1We reserve the right to suspend any part or all of your access to our Services if:
- You have reached the daily balance limit or annual transaction limit specified in Clause 5;
- You failed to provide information requested by us to facilitate your Payment Transactions;
- Your Account has been inactive for more than 12 months;
- We receive instructions to do so by the relevant authorities;
- We believe that access to your Account has been compromised; or
- We are required to conduct an investigation into your Accounts.
10.2Depending on the situation and our legal obligations, we may or may not disclose the reason for your suspension.
10.3When your Account is suspended, you will not be able to order any Payment Transactions. Your e-money in your Account still belongs to you, but you will not be able to use them until the suspension if uplifted.
10.4We make no promises to the timeline of uplifting any suspension and we are not liable for any losses, either suffered by you or any third party, for any suspension.
11.When can we terminate this Agreement?
11.1We may immediately suspend or terminate your registration and this Agreement at any time without prior notice or explanation to you if:
- We discover that you are not eligible to use our Services or that you are using our Services for an impermissible purpose;
- We discover that your Account is not operated in a proper or regular manner;
- We discover that you have engaged in behaviour that we view as suspicious;
- We discover that you have duplicate Accounts opened for the same person;
- You have breached any of the terms of this Agreement;
- We are required to do so to fulfil our regulatory obligations, either in Singapore or elsewhere in the world;
- It is unlawful for us to continue to provide our Services to you;
- You have given us untrue, inaccurate, incomplete, or misleading information;
- You become insolvent or bankrupt or subject to judicial proceedings;
- You become subject to investigation for offences relating to money laundering, tax evasion, or terrorism financing, and their predicate offences;
- You are constantly uncontactable via the phone number or email address you have provided; or
- You or your bank initiated a chargeback or rejection of an attempted transfer.
11.2We may suspend or refuse to execute a Payment Transaction if any of the reasons stated above in Clause 11.1 applies to the Recipient of the Payment Transaction.
11.3You may terminate this Agreement by contacting us at email@example.com.
11.4In all cases, we reserve the right to determine the final termination date.
11.5If you have any balances in your Account after termination, we will initiate a withdrawal Payment Transaction for all your e-money, less any amount owed to us, converted to Singapore Dollars at the prevailing rate, and charge the prevailing transaction fee as though the Payment Transaction was ordered by you. The withdrawal will be made payable to your Designated Account.
11.6Any termination shall not affect prior transactions or obligations under this Agreement existing at the time of the termination. Upon termination, we will retain records of your transactions with us in accordance with regulatory requirements and our retention policies.
12.Our intellectual property rights
12.1Our Services are protected by copyright, trade secret and other intellectual property laws. We and/or our licensors own the title, copyright and other worldwide intellectual property rights in all services relating to TranSwap. Using TranSwap and our Services does not grant you any rights to our trademarks or service marks.
12.2For the purpose of these Terms and Conditions, intellectual property rights shall mean all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications and registrations, renewals and extensions thereof, under the laws of Singapore and any country, territory or other jurisdiction.
12.3You agree not to alter, copy, distribute, extract, make available, modify, obscure, reproduce, tamper with, or otherwise use any of the content on our Website without our prior written permission. Any use made of such content may be an infringement of rights in that content and we reserve all rights to enforce such rights.
13.1We do not guarantee that our Website or App will be secure or free from bugs or viruses.
13.2You are responsible for configuring your devices and network in a way which allows you safe and secured access to our Website or App.
13.3You must not misuse our Services by introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be guilty of a criminal offence under the Computer Misuse and Cybersecurity Act (Cap. 50A). We will report any such breach to the relevant government authorities, public agencies, and/or law enforcement agencies and co-operate with such authorities/agencies by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
13.4Linking To Our Website
13.4.1You may link to our home pages if you follow all of these rules:
- You may only link to home pages on our Website.
- You do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You do not suggest or imply any form of association, approval, or endorsement on our part where none exists.
- You do not frame our Website, whether in part of in full, on any other site.
- You comply immediately with takedown requests from us, failing which we may charge you a fee determined by us for the continued linkage.
13.4.2 We reserve the right to withdraw linking permission without notice.
13.5Links From Our Website
13.5.1We may provide links to other sites and resources provided by third parties. These links are provided for your information only. We have no control content over such content and thus you must conduct your due diligence and exercise caution when visiting them.
13.5.2 We accept no responsibility for content provided by these sites or resources. We are not liable for any loss or damage that may arise from your use of them.
14.Disclaimer for usage of our Services
14.1In providing the Services 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 Services 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.
14.2In 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.
14.3We will not be liable for any goods or services brought or sold by you that are settled through your participation in the Services.
14.4 We may from time to time provide you with information on historical and current market trends, transaction processing methodologies and patterns, updates on currency pairs, or any other information we believe may be of use to you. This can be in the form of verbal communications, articles on our Website, or email communications sent by us. Such information and publications are not intended to be and do not constitute any professional advice or any other advice or recommendation of any sort. We also do not guarantee that such information and publications are accurate, up to date, or applicable to the circumstances of any particular case. You must do your own due diligence and exercise caution when using our Services. We will not be liable to you if you choose to act based on information provided by us.
15.Other important terms
15.1Right Of Set-Off
15.1.1You agree that we are authorised at any time to set-off the funds deposited with us against your debts or liabilities owed to us. We may exercise this right of set-off without notice to you.
15.2Non-Waiver Of Rights
15.2.1Any failure or delay by us in exercising or enforcing any right we have under the terms of these Terms and Conditions does not operate as a waiver of and does not prejudice or affect our right subsequently to act strictly in accordance with our rights.
15.2.2 Moreover, no waiver by TranSwap or any of its rights or powers under this Agreement shall be deemed to have been made unless expressed in writing and signed by its duly authorized representative.
15.3.1This Agreement and any documents expressly referred to in it constitute the whole agreement between us, and supersedes any pervious discussions, correspondence, arrangements, or understandings between us.
15.3.2This Agreement may be provided to you in English or any other language that we support. For the avoidance of doubt, any non-English version of this Agreement is provided for translation purposes only. If any inconsistency arises between the English and non-English versions of the Agreement, the English version of the Agreement shall prevail.
15.4.1If any provision of this Agreement is rendered void, invalid, or unenforceable in any respect under any law, the validity, legality, and enforceability of the remaining terms and conditions shall not be affected or impaired thereby.
15.5.1You may not transfer or assign this Agreement to any other person without our prior consent.
15.5.2We may assign our obligations to you under this Agreement without your consent and without any prior notice.
15.6Notices To Us
15.6.1Any notice of legal claim or other process pursuant to this Agreement shall be delivered via post to TranSwap's registered address at:
435 Orchard Road Wisma Atria #12-03,Singapore 238877.
15.7Our Service Providers
15.7.1We may use agents and third-party service providers to help us deliver our Services to you. In any event, all services provided by us or our agents and service providers are engaged at our discretion and subject to our supervision and control.
15.8Applicable Law and Arbitration
15.8.1This Agreement is entered into in Singapore and is governed by the laws of Singapore, without regard to conflicts or choice of laws principles, whether or not you live in Singapore.
15.8.2TranSwap and you shall attempt to resolve any controversy or claim arising out of or relating to the creation, performance, termination, and/or breach of this Agreement in the first instance through good faith negotiation between the parties.
15.8.3Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
15.8.4The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.