• NOTICE: Xfers will be undergoing a prolonged service disruption to its Maybank account from the 25th of May 2017. Here's an update onthe status.

Terms of Service

(The Agreement)
Consumer advisory - The XFERS payment service is regarded as a stored value facility under Singapore law. XFERS PTE. LTD., the holder of the XFERS stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (Users) are advised to read these terms and conditions carefully.

This Agreement is a contract between you and XFERS PTE. LTD. and applies to your use of XFERS Services. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access our Services.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use XFERS’ Services. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you as a XFERS user. Please note: underlined words and phrases are links to these pages and websites. By accepting this Agreement, you also agree that your use of other XFERS websites and Services will be governed by the terms and conditions posted on those websites.

We may amend this Agreement, the Privacy Policy and each of our policies at any time by posting a revised version on our website. The revised version will be effective at the time we post it. If the revised version of this Agreement includes a Substantial Change, we will provide you with 14 calendar days' prior notice of any Substantial Change. All future changes set out in the revised Agreement already published at the time you register for the Services are incorporated by reference into this Agreement and will take effect as specified. If you do not agree to be bound by the revised terms and conditions, you should discontinue your use or access of our Services. By continuing to use the Services and/or any part thereof on each and every occasion, you agree to and/or are deemed to have agreed to the revised terms in relation to the Services and shall be bound by them absolutely as issued or adopted by us from time to time. As such, you should visit this page periodically.

This is an important document which you must consider carefully when choosing whether to use the XFERS Services. Please note the following risks of using the XFERS Services:
  • Payments received in your Account may be reversed at a later time, for example, if a payment is subject to a Chargeback, Reversal, Claim or is otherwise invalidated. This means that a payment may be reversed from your Account after you have provided the sender the goods or services that were purchased.
  • You should be aware of the possibility of unauthorised transactions from your Account or receiving payments from unauthorised transactions from a third party's Account. You can help protect yourself from the risks of unauthorised transactions by safeguarding your passwords and API secret keys, and regularly checking your Account transaction history.
  • We may close, suspend, or limit your access to your Account or the XFERS Services, and/or limit access to your funds if you violate this Agreement, the Acceptable Use Policy, or any other agreement you enter into with XFERS.
You are solely responsible for understanding and complying with any and all laws, rules and regulations of your specific jurisdiction that may be applicable to you in connection with your use of the XFERS Services, including but not limited to, those related to export or import activity, taxes or foreign currency transactions.

1

INTERPRETATION & DEFINITIONS

"Account" or "XFERS Account" means a Guest, Regular or Merchant Account, and includes any future types of Accounts we may introduce.

"API" means application programming interface.

"Chargeback" means a request that a User files directly with his or her bank to invalidate a payment.

"Claim" means a challenge to a payment that a User files directly with us, and we, in our absolute discretion, are of the opinion that the underlying goods or services paid for using XFERS Services were not received or significantly not as described.

"Communications" means any emails which XFERS may send to the primary email address that you have provided to XFERS when you opened your XFERS account, as well as any text messages or calls, including autodialled and pre-recorded messages from XFERS, which XFERS may from time to time send to the telephone number (including your mobile telephone number) that you have provided to XFERS.

"Error" means a processing error made by XFERS or its suppliers in which your Account is mistakenly debited or credited.

"Information" means any Account information that you (or other Users) provide to us, including but not limited to personal information, financial information, or other information related to you, your business, or other Users.

"Instruction" means an instruction for payment, withdrawal or such other instructions in relation to the XFERS Services.

"Merchant Account User" means any User who holds or operates a Merchant Account with XFERS.

"Payment Review" has the meaning stated in Clause 4.4.

"Platform User" has the meaning stated in Clause 8.2.1.

"Policy" or "Policies" means any Policy or other agreement between you and XFERS that you entered into on the XFERS website, or in connection with your use of the XFERS Services.

"Reserve" means a percentage of the funds received into your Account that we hold in order to protect against the risk of Reversals, Chargebacks, Claims or any other liability related to your Account and/or use of the XFERS Services.

"Restricted Activities" means those activities described in Clause 11 of this Agreement.

"Reversal" means XFERS reverses a payment you received because (a) it is invalidated by the sender's bank, (b) it was sent to you in Error by XFERS, its parent, subsidiaries, affiliates, or any direct or indirect XFERS subsidiary, (c) the sender of the payment did not have authorisation to send the payment (for example: the sender used a stolen internet banking account, debit card or credit card), (d) the sender of the payment sent multiple payments erroneously, or such other manifest or obvious error, (e) you received the payment for activities that violated this Agreement, the Acceptable Use Policy, or any other Policy, or (f) XFERS decided a Claim against you.

"Services" or "XFERS Services" means all our products and services and any other features, technologies and/or functionalities offered by us on our website(s) or through any other means.

"Substantial Change" means a change to the terms of this Agreement that significantly reduces your rights or significantly increases your responsibilities.

"Verified Account" means an Account status that reflects that XFERS has verified that an Account holder against his or her national identification documents/card (or passport) and/or has control of his or her phone number. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.

"User" means any person or entity using the XFERS Services, including you.

"Withheld" means any funds in an Account that cannot be transferred or withdrawn, and includes funds on Reserve.

"XFERS", "we", "us" or "our" means XFERS PTE. LTD., and where applicable, includes the subsidiaries and/or affiliates of XFERS PTE. LTD.

The headings in this Agreement are for convenience only and shall not affect the interpretation hereof.

2

PAYMENT SERVICES & ELIGIBILITY

2.1

Payment Services

XFERS is a payment services provider and acts as such by creating, hosting, maintaining and providing our XFERS Services to you via the Internet. Our services allow you to send payments to anyone with a XFERS Account, and, where available, to receive payments. Our service availability varies by country.

XFERS is not a bank or deposit-taking company, and XFERS does not maintain any bank account or any current, savings or deposit account for Users.

XFERS is not providing the function of a settlement institution but is merely providing a technology infrastructure support. All settlements are to be carried out by the Users’ Bank.

XFERS is not a remittance business or a money transfer service and XFERS Services may not be used to remit funds to third parties.

XFERS is not in the business of moneylending, nor is XFERS in the business of providing credit.

XFERS is not a common carrier or public utility.

2.2

Eligibility

  • To be eligible to use the XFERS Services:
(a)   You must be able to form legally binding contracts under Singapore law. Without limiting the generality of the foregoing: (i) you must be at least 18 years old or higher; and (ii) (for corporate bodies) you must have obtained the necessary corporate and/or regulatory approvals to use such Services.

(b)   You must not impose a surcharge or any other fee for accepting XFERS as a payment method. However, this does not prevent you from passing on the fees charged by XFERS for the Services to the User sending the payment. You may charge a handling fee in connection with the sale of goods or services, as long as the handling fee is not higher than the handling fee you charge for non-XFERS transactions.

2.3

Legal Relationship

In providing the Services, XFERS does not act as principal but acts as facilitator on behalf of the Users to send payments to other Users via their XFERS Accounts. As such, each payment transaction is a contractual relationship directly between you and the other User.

We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction. Accordingly, we are not liable to you with respect to such transactions or to the other User.

2.4

Customer Information

In order to open and maintain an Account, you must provide us with correct and updated Information.

2.4.1   Your personal information & contact details: It is your responsibility to keep your personal information, primary email address and telephone number (including mobile telephone number) up to date so that XFERS can communicate with you. You understand and agree that if XFERS sends you a Communication but you do not receive it because your primary email address or telephone number on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Communications, XFERS will be deemed to have provided the Communication to you. Please note that if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add XFERS to your email address book so that you will be able to receive the Communications we send to you. You can update your primary email address, telephone number, or residential/registered address at any time by logging into the XFERS website or by contacting [email protected] If your contact information becomes invalid such that Communications sent to you by XFERS are returned, XFERS may deem your Account to be inactive, and you will not be able to transact any activity using your XFERS Account until we receive a valid, working primary email address and/or telephone number from you.

2.4.2   Identity verification: You authorise XFERS, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation, requiring you to provide a scan of your national identification documents/card (or passport), proof of address, taxpayer or national identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report or verifying your Information against third party databases or through other sources.

2.4.3   Credit report authorisation: If you open a Merchant Account, you are providing XFERS with your written instructions and authorisation in accordance with any applicable law to obtain your personal and/or business credit report from a credit bureau. You are also authorising XFERS to obtain your personal and/or business credit report: (a) when you request certain new products, or (b) at any time XFERS reasonably believes there may be an increased level of risk associated with your Account.

2.4.4   Sharing of personal information: In providing your information to XFERS, you authorise XFERS to share your information to such parties and for such purposes as indicated in XFERS’ Privacy Policy. You may access the Privacy Policy here: https://www.xfers.com/sg/privacy-policy.

2.4.5   Restriction on use of other Users’ personal information: Without limiting the generality of Clause 15.7, if you are a recipient of personal information of another XFERS user, you shall only use the information for the purpose of performing or enforcing any transactions between you and that XFERS user, and you shall not use, disclose or disseminate the information to other parties except in accordance with the law.

2.5

Beneficial Owner

You must be the beneficial owner of the Account, and conduct business only on behalf of yourself.

3

FEES FOR XFERS SERVICES

3.1

Fees

You agree to pay XFERS any and all prevailing fees charged by XFERS from time to time in connection with the provision or use of the Services. The fees are chargeable as long as the XFERS Service was used, even if the transaction was unauthorised, made in error, cancelled, subject to Payment Review, Reversal, Chargeback or Claim, or for whatever other reason that the receiving User has not received the money.

We may change our fees (including adding new fees) from time to time, which shall be stated on our website and which shall be binding on you if you continue to maintain or use the Services after the effective date for imposing the revised fees.

3.2

Deduction from or Set-off Against Your Account

Any fees charged by XFERS may be deducted from or set-off against your XFERS Account.

3.3

No Fee Refunds

The fees charged by XFERS shall be payable in advance and are strictly non-refundable.

4

SENDING & RECEIVING PAYMENTS WITH YOUR XFERS ACCOUNT

4.1

Sending and/or Receiving Limits

We may, at our absolute discretion, impose limits on the amount of payments you can send and/or receive through the XFERS Services. If you have a Verified Account, we may increase your sending and/or receiving limits.

4.2

Default Payment Methods

When you make a payment, XFERS will fund your transaction in this order (subject to availability based on your payment methods and country of registration):
(a)   Balance in your XFERS Account;
(b)   Bank transfer from your bank account;
(c)   Debit card; and then
(d)   Credit card

4.3

Card Charge Authorisation

By adding a debit card or credit card to your Account as a payment method, you are providing XFERS with continuous authority to automatically charge that card to obtain the relevant funds when the card is used as a payment method pursuant to this Agreement. You can stop the continuous authority in respect of any card by removing that card as a payment method in your Account profile.

If you pay for a transaction with your debit card or credit card without adding it as a payment method, you are providing XFERS with irrevocable authority to charge that card to obtain the relevant funds required for that transaction.

4.4

Sending Payments

If you are making a payment and your XFERS Account does not have sufficient funds, you are required to transfer money from your bank account into XFERS’ designated bank account (as specified in the user admin panel). Alternatively, you shall enter your debit card or credit card details and provide XFERS with irrevocable authority to charge that card to obtain the relevant funds required for that transaction. Upon receiving the money, we will credit your XFERS Account accordingly and effect the transfer to the User you wish to pay.

If you transfer money from your bank account, your XFERS Account will not be credited unless we receive the money in the XFERS designated bank account(s) as stated on our website, with the correct initials / transaction reference code (as generated by the XFERS system).

4.5

Payment Review

Payment Review is a process by which XFERS reviews certain potentially high-risk transactions. If a payment is subject to Payment Review, we may place a hold on the payment and conduct a review and either clear or cancel the payment. If the payment is cleared, the receiving User will be notified that the funds have been transferred. Otherwise, the payment will be cancelled and returned to the sending User’s XFERS Account.

4.6

Risk of Reversals, Chargebacks and Claims

When you receive a payment, you are liable to XFERS for the full amount of the payment plus any fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment, plus the applicable fees, as charged by XFERS, if you lose a Claim or a Chargeback, or if there is a Reversal of the payment.

4.7

Refund of Transferred Amount

If you are a receiving User wishing to refund the transferred amount to the sending User, you should contact the XFERS operation team. The refund amount should not exceed the original transferred amount. The processing of any refund is in XFERS’ absolute discretion, and if a refund is issued, you continue to be liable to XFERS for fees for the initial transfer, as well as the prevailing administrative fees for effecting such a refund (if any).

If you are a sending User, you should contact the receiving User if you wish to get a refund for the transferred amount. XFERS may, in its absolute discretion, assist you in contacting the receiving User, but XFERS shall not be under any obligation to refund you the transferred amount.

4.8

No Double Recovery

You shall not attempt to or receive a refund for the same transaction from more than one of the following parties:
(a)   A receiving User;
(b)   Any third party (e.g. through a chargeback claim to your bank); or
(c)   XFERS (only if applicable).

5

WITHDRAWING MONEY FROM YOUR XFERS ACCOUNT

5.1

Withdraw to Your Bank Account

You can withdraw the funds in your XFERS Account to your Singapore bank account at any time. If you do not use the funds in your Account for a prolonged period, we may remind you to withdraw some or all of your funds, or we may return those funds to your attached bank account.

5.2

Withdrawal Limits

Depending on the degree to which you have Verified your Account, we may limit your ability to withdraw funds until you comply with our requests for information. For the avoidance of doubt, Withheld funds or any funds placed on hold shall not be withdrawn. Additionally, we may delay withdrawals of large sums of money while we perform a risk review.

5.3

Withdrawal Fees

When withdrawing your Account balance, you will be charged the prevailing withdrawal fees depending on the method of withdrawal you choose. In addition, if you withdraw your balance in a currency other than the currency in which the balance on your Account is denominated, you will be charged the prevailing currency conversion fees.

6

YOUR ACCOUNT BALANCE

6.1

Balances

If you hold a balance, XFERS will hold your funds in pooled accounts separate from its corporate funds, and we will not use your funds for XFERS’ operating expenses or for any other corporate purposes. We will not voluntarily make your funds available to XFERS’ creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. XFERS may receive interest on amounts that XFERS holds on your behalf. You agree to assign your rights to XFERS for any interest derived from your funds.

Additionally, XFERS’ records of all transactions (and your Account balance) will be conclusive and binding on you for all purposes.

6.2

Maximum Limits

Depending on the degree to which you have Verified your Account, we may limit the maximum amount of money that you can hold in your Account. Additionally, we may impose separate maximum limits based on our prevailing operational thresholds.

6.3

Set-off of Due Amounts

You agree to allow XFERS to recover any amounts due to us by debiting your Account balance. If there are insufficient funds in your Account balance to cover your liability, you agree to make payment to XFERS through other means.

Additionally, if you have a past due amount owed to an XFERS affiliate, subsidiary, or parent company, XFERS may debit your Account to pay any amounts that are more than 90 calendar days past due.

6.4

Negative Balances and Multiple Currencies

If your Account has a negative balance for any reason, you shall take all necessary actions to restore your Account to a zero or positive balance as soon as possible.

XFERS may set-off the negative balance with any funds that you subsequently add to or receive into your Account. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, XFERS may set-off the negative balance by using funds you maintain in a different currency balance.

If your Account still remains negative despite the set-off, you shall transfer money from your bank account, debit card or credit card into XFERS’ designated bank account as soon as possible to bring your XFERS Account to a zero or positive balance. Additionally, you agree and irrevocably authorise XFERS to charge your debit card or credit card for the amounts owing, or to engage in other collection efforts to recover such funds from you.

7

YOUR INSTRUCTIONS AND AUTHORISATIONS

7.1

Giving instructions

You are solely responsible for accurately entering any Instruction, including (but not limited to) describing or identifying the receiving User and all the necessary information of the receiving User in order to enable us to carry out any Instruction. XFERS is not responsible for confirming such information, or for monitoring or refusing to process duplicate Instructions.

If you, or a Platform User or Merchant Account User to whom your Account is linked to, gives an Instruction that is incorrect, you agree that XFERS may charge your Account, bank account, debit card or credit card for the payment whether or not the error could have been detected by XFERS. XFERS is not obligated to detect errors in such Instruction(s).

Your Instructions shall be irrevocable and unconditional and shall be binding on you, and such Instructions may be acted or relied upon by us irrespective of any other circumstances. As such, once you give any Instruction, you shall not rescind or withdraw such Instructions without our consent.

Your Instructions shall not be considered to be received by XFERS until they have actually reached XFERS’ central system successfully.

Additionally, XFERS’ records of all Instructions will be conclusive and binding on you for all purposes.

7.2

Linking your XFERS Account to a Platform User’s or Merchant Account User’s Website, App, Software or Service

7.2.1   Authorising Platform Users or Merchant Account Users: In order to be able to provide you with the use of their services or platforms, Platform Users or Merchant Account Users may require you to link your XFERS Account to their website, app, software or service. If you do so, you agree and authorise that XFERS may permit these Users to (without any further action or confirmation on your part):
(i)   Access your XFERS Account, your Account balance, payment data and transaction history;
(ii)  Create charges and transactions in your XFERS Account;
(iii)  Send payments, receive payments and withdraw money from your XFERS Account into a bank account, or give us such other Instructions on your behalf (which shall be deemed to have come from you); and
(iv)  Deduct from your XFERS Account (where there are sufficient funds) fees and charges arising from services provided or transactions conducted through the Platform User’s services.
7.2.2   Disclosure of your Information: If you link your XFERS Account to a Platform User’s or Merchant Account User’s website, app, software or service, you agree and authorise that XFERS may provide them with your Information, including your personal information and information relating to your XFERS Account. These Platform Users and Merchant Account Users may have their own privacy policy, and you agree that XFERS shall not be liable for how these Users use, share or disclose your Information.

7.3

Our Discretion

You acknowledge and agree that XFERS may refuse to act upon an Instruction for any reason whatsoever and may defer acting thereon or seek further information with respect to the Instruction as it thinks fit. Additionally, XFERS is authorised (but not obliged) to act on any Instruction which XFERS believes was given by you.

7.4

Your Identity or Authority

XFERS shall not be under any obligation to verify the identity or authority of any person giving any Instruction and the authenticity of such Instruction. We shall not be liable for relying or acting on Instructions which are given or purported to be given by any person(s) whom we believe to be the User (or a Platform User or Merchant Account User to whom a User’s Account is linked to), regardless of the circumstances prevailing at the time of such Instructions, the nature of the arrangement, services or transaction made pursuant to such Instruction or the amount of money involved and notwithstanding any error, misunderstanding, fraud, forgery or lack of clarity or authorisation in the terms of such Instruction.

7.5

Notification of Instructions / Completion Notifications

XFERS may transmit a notification upon receipt of an Instruction via the XFERS Services. You are responsible to ensure the confirmation is in accordance with your Instruction. Completion notification that an Instruction and/or a transaction has been received and/or effected through the XFERS Services will be provided via electronic communications. Such completion notification shall be deemed to have been received by you immediately after transmission and you should check such completion notification. You should contact us if you do not receive any completion notification within the time usually required for a similar notification to be received.

7.6

Your Authorisation

You agree and authorise that (upon receiving your Instruction to send money to another User), XFERS may act upon such Instruction and to transfer money from your XFERS Account, bank account, debit card or credit card to the receiving User’s XFERS Account or bank account.

You agree and authorise that (upon receiving your Instruction to receive money from another User), XFERS may act upon such Instruction and to receive the money in your XFERS Account (less any applicable fees).

You agree and authorise that (upon receiving your Instruction to withdraw money from your XFERS Account), XFERS may act upon such Instruction and to transfer the corresponding amount (less any applicable fees) from your XFERS Account to pay you with the withdrawal method you specify (subject to any restrictions or limits in this Agreement – see in particular Clause 5).

8

INTEGRATION WITH YOUR WEBSITE, APP OR BUSINESS

8.1

Integration

We offer advanced features for Users with Merchant Accounts to start sending or accepting payments via XFERS Services by integrating certain software features into their existing website(s), app(s), software, or service(s).

Users are advised to study the Developers’ documentation in the XFERS website and to conduct extensive testing on their websites before “going live” to accept money from their customers using the integrated XFERS Services.

8.2

Platform Users

8.2.1   Platform Users: We enable Users to integrate XFERS Services in their platform or marketplace (referred to as “Platform Users”) to manage the payment experience of their end-users, who may be buying or selling goods or services on such platforms or marketplaces. Platform Users are able to, amongst other things, create a new XFERS Account on behalf of their end-users, send payments, receive payments and withdraw money from their end-user’s Account on the end-user’s behalf.
For the avoidance of doubt, as a Platform User, you do not own any of the transactions or other details related to any User’s XFERS Account. Your role is only as a facilitator.

8.2.2   Agreements with end-users and data protection: As a Platform User, you must have an agreement, whether written or otherwise, with your end-user on how you will be transacting with their XFERS Account. You also agree to have a privacy policy in place to inform your end-users on how their personal information will be collected, used, disclosed and transferred. You will use all reasonable efforts to protect and secure the personal information of your end-users against unauthorised use or disclosure. You will promptly inform us and your end-users where any of their personal information is accessed or disclosed in a manner or for a purpose not indicated in your privacy policy and without their consent.

8.2.3   Platform Users’ right to charge fees: As a Platform User, you may choose to charge your end-users additional fees on top of our fees. We will deduct those fees from transactions completed through your services and allocate them to your XFERS Account immediately.

You are solely responsible for accurately and clearly communicating in your agreement with your end-users such fees for their use of your services. You also agree to accurately and clearly communicate to us any such fees that you plan to charge to your end-users before they sign up to use your services.

8.3

Transactions with Linked XFERS Accounts

8.3.1   Authorised transactions and Instructions only: If you are a Platform User or Merchant Account User transacting with another User’s Account linked to your website, app, software or service, you shall ensure that you have been duly authorised or have a legal or contractual right to transact with, give Instructions, or otherwise make any deductions from these linked Users’ Accounts.

8.3.2   Responsibility for Transactions and Instructions: You are solely responsible for all transactions and Instructions you have given to us in relation to the Users’ Accounts linked to your website, app, software or service. This includes the provision of any goods or services sold to such Users or your other end-users as part of your use of XFERS’ Services, as well as any obligations you may owe to such Users or your other end-users. Consequently, you agree to fully indemnify us (in accordance with Clause 15.4) in relation to any such transactions or Instructions on your linked Users’ Accounts.

8.3.3   Responsibility for Chargebacks, Reversals, refunds etc: Without limiting the generality of Clause 12.1, you are financially liable for all Chargebacks, Reversals, refunds, charges and fines for transactions or Instructions on your linked Users’ Accounts.

8.4

XFERS Co-Branding

If you are a Platform User or a Merchant Account User using advanced features like our integration APIs, we may require you to feature the XFERS logo and branding at your payment options or payment pages or both. The exact placements and layouts of the XFERS logo and branding shall be discussed with and agreed on by us, and may be subject to change from time to time.

8.5

Use of XFERS APIs

We may make available to you XFERS API guides and documentation, and you shall comply with such documentation in connection with the integration and use of the APIs.

You are prohibited from interfacing with XFERS’ APIs in a way which XFERS has stated is not permitted in the documentation.

8.6

Grant of Software Licence

If you are using XFERS software such as an API, developer's toolkit or other software application that you have downloaded to your computer, device, or other platform, then XFERS grants you a revocable, non-exclusive, non-transferable license to use XFERS's software in accordance with the documentation. This license grant includes the software and all updates, upgrades, new versions and replacement software. You may not rent, lease or otherwise transfer your rights in the software to a third party. You must comply with the implementation and use requirements contained in all XFERS documentation accompanying the XFERS Services. If you do not comply with XFERS's implementation and use requirements you will be liable for all resulting damages suffered by you, XFERS and third parties. You agree not to alter, reproduce, adapt, distribute, display, publish, reverse engineer, translate, disassemble, decompile or otherwise attempt to create any source code which is derived from the software. You acknowledge that all rights, title and interest to XFERS's software are owned by XFERS. Any third party software application you use on the XFERS website is subject to the license you agreed to with the third party that provides you with this software. XFERS does not own, control nor have any responsibility or liability for any third party software application you elect to use on the XFERS website and/or in connection with the XFERS Services. If you are using the XFERS Services on the XFERS website, or other website or platform hosted by XFERS, or a third party, and are not downloading XFERS's software or using third party software applications on the XFERS website, then this Clause does not apply to your use of the hosted XFERS Services.

8.7

No Support

We do not provide technical or customer support in relation to integrating XFERS Services into your website or your business. If we do provide any support, it is purely out of goodwill and we shall not be obligated to continue or follow-up in any matter. Additionally, we shall not be liable for any losses (direct or indirect, special or consequential) that you may suffer from any support that we have provided, even if it was provided negligently.

You should consult or engage a web developer or an IT team to integrate the XFERS Services into your business.

9

CLOSING YOUR XFERS ACCOUNT

9.1

How to Close Your Account

You may close your Account at any time by following the instructions in your Account profile. Upon Account closure, we will cancel any pending transactions and you will forfeit any special discounts or promotional credits etc., unless we are otherwise legally prohibited from doing so. You must withdraw your balance prior to closing your Account.

9.2

Limitations on Closing Your Account

You may not evade an investigation by closing your Account. If you close your Account while we are conducting an investigation, we may hold your funds to protect XFERS, its parent, subsidiaries and affiliates or a third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liability. You will remain liable for all obligations related to your Account even after the Account is closed.

10

ERRORS & UNAUTHORISED TRANSACTIONS

10.1

Safeguarding your Account ID, password and API keys

You are responsible for maintaining adequate security and control of any and all IDs, passwords, personal identification numbers (PINs), API keys, API secret keys, or any other codes that you use to access XFERS Services or to send any Instruction to us.

10.2

Unauthorised Transactions

You are responsible for the control and use of your XFERS Account and any Instructions sent from your Account are deemed to be authorised and are binding on you. As stated in Clause 7.1, we are not in the position (nor are we obligated) to verify the identity or authority of any person(s) using your XFERS Account.

If you discover a transaction in your XFERS Account that you did not authorise, you should contact the other relevant party (e.g. the other User receiving your money, or the bank which the money was withdrawn to) directly to resolve the issue. You may wish to also contact XFERS to assist you to contact the other relevant party if he or she is a User.

10.3

XFERS Errors

We will rectify any Error that we discover.

(a)   If an Error results in you receiving less than the correct amount which you are entitled to, XFERS will restore your Account balance with the difference.
(b)   If an Error results in you receiving more than the correct amount which you are entitled to, XFERS will remove the extra funds from your Account balance. If the deduction results in your Account balance becoming negative, you shall deposit money into your Account (in accordance with Clause 6.4 above) as soon as possible to restore your Account to a zero or positive balance.

10.4

Your Errors

10.4.1   Sending payments: If you erroneously send a payment to the wrong party, or send a payment for the wrong amount (based on a typographical error, for example), your only recourse will be to contact the party to whom you have sent the payment and ask them to refund the payment. XFERS will not reimburse you or reverse a payment that you have made in error.

10.4.2   Deposits: If your XFERS account does not have a sufficient balance to send the requested payment, you will have to deposit money into your XFERS Account via bank transfer or alternative funding sources. If you erroneously transferred money to the wrong bank account (i.e. a bank account that is not on XFERS’ designated list), your only recourse will be to contact your bank and ask them to cancel the transfer. If you have transferred money successfully into the XFERS designated bank account(s) but you entered the wrong initials / transaction reference code when initiating the bank transfer, you should contact XFERS’ customer support and send the necessary screenshots and documents to prove that the transfer originated from you. XFERS is under no obligation to credit your XFERS account with funds unless XFERS is satisfied that your funds were successfully transferred into XFERS’ designated bank account(s) AND with the correct initials / transaction reference code (as generated by the XFERS system).

10.4.3   Withdrawals: If you erroneously withdrew money from your XFERS Account to a wrong bank account, or withdrew the wrong amount (based on a typographical error, for example), your only recourse will be to contact the bank to whom you sent the payment and ask them to refund the payment. XFERS will not reimburse you or reverse a withdrawal that you have made in error.

11

RESTRICTIONS ON USE OF XFERS SERVICES

In connection with your use of our website, your Account, the XFERS Services, or in the course of your interactions with XFERS, other Users, or third parties, you will not:

(a)   Breach this Agreement or any other Policy that you have agreed to with XFERS;
(b)   Violate or attempt to violate any law, statute, ordinance, or regulation;
(c)    Infringe XFERS’ or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
(d)   Sell counterfeit goods;
(e)   Sell any goods or provide any services that is (in XFERS’s absolute opinion) undesirable, questionable or immoral;
(f)    Use XFERS Services in relation to pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or such multi-level marketing programmes;
(g)   Use XFERS Services in relation to betting, gambling, gaming or participating in a lottery (each of which are as defined in the Remote Gambling Act 2014 (Act 34 of 2014, Singapore)), including, but not limited to casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, any games involving an element of chance for money or money’s worth, and sweepstakes;
(h)   Act in a manner that is defamatory, trade libellous, threatening or harassing;
(i)    Provide false, inaccurate or misleading Information;
(j)    Engage in potentially fraudulent or suspicious activity and/or transactions;
(k)   Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
(l)    Receive or attempt to receive funds from both XFERS and the other User (or bank, where applicable) for the same transaction during the course of a dispute;
(m)  Control an Account that is linked to another Account that has engaged in any of these Restricted Activities;
(n)   Conduct your business or use the XFERS Services in a manner that results in or may result in complaints, disputes, Claims, Reversals, Chargebacks, fees, fines, penalties and other liability to XFERS, other Users, third parties or you;
(o)   Have a credit score from a credit reporting agency that indicates a high level of risk associated with your use of the XFERS Services;
(p)   Use your Account or the XFERS Services in a manner that XFERS, banks, Visa, MasterCard, American Express, Discover, JCB, Union Pay or any other electronic funds transfer network reasonably believes to be an abuse of the funds transfer system or card system or a violation of card association or network rules;
(q)   Use a credit card with your Account to provide yourself a cash advance (or help others to do so);
(r)    Use XFERS services to make transactions for the primary purpose of earning rewards, perks, miles, points etc. with your credit card, debit card, or bank account (or help others to do so);
(s)    Allow your Account to have a negative balance;
(t)    Access the XFERS Services from a country that is not listed on XFERS' Worldwide page;
(u)   Disclose or distribute another User's Information to a third party or use the Information for marketing purposes, unless you receive the User’s express consent to do so;
(v)   Send unsolicited email to a User or use the XFERS Services to collect payments for sending, or assisting in sending, unsolicited email to third parties;
(w)  Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
(x)   Facilitate any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Information;
(y)   Use an anonymising proxy;
(z)   Use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
(aa) Use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with our website or the XFERS Services; or
(bb) Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers.

12

YOUR LIABILITY – ACTIONS WE MAY TAKE

12.1

Your Liability

You are responsible for all Reversals, Chargebacks, Claims, fees, fines, penalties and other liability incurred by XFERS, a User, or a third party caused by or arising out of your breach of this Agreement, and/or your use of the XFERS Services. You agree to reimburse XFERS, a User, or a third party for any and all such liability.

12.2

Reimbursement for Your Liability

If you are liable for any amounts owed to XFERS, XFERS may immediately remove such amounts from your Account balance. If your current Account balance is insufficient to meet your liability, XFERS will remove any funds remaining in your Account and instate your Account with a negative balance up to the remaining amount of your liability, and you shall deposit money into your Account (in accordance with Clause 6.4 above) as soon as possible to restore your Account to a zero or positive balance, or to pay XFERS through an alternative method agreed to by XFERS.

12.3

Actions by XFERS – Restricted Activities

If XFERS, in its absolute discretion, believes that you may have engaged in any Restricted Activities, we may take various actions to protect XFERS, its parent, subsidiaries and affiliates, other Users, other third parties or you from Reversals, Chargebacks, Claims, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:

(a)   We may close, suspend, or limit your access to your Account or the XFERS Services;
(b)   We may refuse to provide the XFERS Services to you now and in the future; and
(c)   We may hold your funds for a period of time reasonably needed to protect against the risk of liability to XFERS or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

12.4

Actions by XFERS - Holds

Risk-based holds: XFERS, in its absolute discretion, may place a hold on any or all of the payments you receive when XFERS believes there may be a high level of risk associated with you, your Account, or any or all of your transactions. XFERS’s determination may be based on different factors and XFERS may rely on information it receives from third parties. If XFERS places a hold on a payment, the funds will appear in your “withheld balance” and the payment status will indicate the hold, for example it can show as “Completed - Funds not yet available.” XFERS will release the hold on any payment after 30 calendar days from the date the payment was received into your Account unless XFERS has a reason to continue to hold the payment such as (a) the receipt of a dispute, Claim, Chargeback, or Reversal, (b) XFERS believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (c) XFERS believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, XFERS may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. XFERS, in its absolute discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped or when the paying User confirms that you have delivered the goods or services promised.

Disputed transaction holds: If a User files a dispute, Claim, Chargeback or Reversal on a payment you received, XFERS may place a temporary hold on the funds in your Account to cover the amount of the liability. If you win the dispute, XFERS will lift the temporary hold. If you lose the dispute, XFERS will remove the funds from your Account.

12.5

Actions by XFERS - Reserves

XFERS, in its absolute discretion, may place a Reserve on funds held in your Account where XFERS believes there may be a high level of risk associated with your Account. If XFERS places a Reserve in your Account, transactions will be shown as "pending" or “withheld” in your XFERS balance, and you will not have access to funds in a “pending” or “withheld” status until they are cleared. The terms of the Reserve may require that a certain percentage of the amounts received into your Account are held for a certain period of time, or that a certain amount of money is held in Reserve, or anything else that XFERS determines is necessary to protect against the risk associated with your Account. XFERS may change the terms of the Reserve at any time by providing you with notice of the new terms.

12.6

Actions by XFERS - Account Closure, Termination of Service, Limited Account Access; Confidential Criteria

XFERS, in its absolute discretion, reserves the right to terminate this Agreement and/or access to the XFERS Services for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your Account, you may have the opportunity to request restoration of access if, in our absolute discretion, we deem it appropriate. Further, you acknowledge that XFERS’ decision to take certain actions, including limiting access to your Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ Accounts and the XFERS system. You agree that XFERS is under no obligation to disclose the details of its risk management or its security procedures to you.

12.7

Acceptable Use Policy Violations

If you violate the Acceptable Use Policy, then in addition to the above actions, you will be liable to XFERS for XFERS’ damages for each violation of the Acceptable Use Policy. You agree that $500.00 SGD (or equivalent) per transaction in violation of the Acceptable Use Policy is presently a reasonable minimum estimate of XFERS’s actual damages considering all currently existing circumstances, including the relationship of the sum to the range of harm to XFERS that reasonably could be anticipated because due to the nature of the violations of the Acceptable Use Policy, actual damages would be impractical or extremely difficult to calculate. XFERS may deduct such damages directly from any existing balance in the offending Account, or any other Account you control.

13

DISPUTES

13.1

Disputes with other Users regarding underlying transaction

If you have any disputes with other User(s) regarding the underlying transaction, you should take it up with the other User(s) directly. We shall not be involved in any dispute that may arise between Users unless all of the following criteria are met:

(a)   Such dispute relates specifically to the use of the XFERS Services;
(b)   Such dispute does not relate to a transaction conducted through a Platform User’s website, app, software or service;
(c)   Such dispute is notified to XFERS within 30 calendar days of the date of occurrence of the dispute;
(d)   Such dispute or claim arises from a transaction through the Users’ email addresses or mobile telephone numbers registered with XFERS for the use of the XFERS Services; and
(e)   You have furnished XFERS with all materials and information relating to the said dispute which we may reasonably request for the purpose of our investigations.

13.2

Receiving User’s responsibility

If you are a User receiving funds via the XFERS Services or a Platform User, it shall be your sole responsibility to comply with all applicable laws and obligations relating to your provision of goods or services to your customers or end-users. You shall also deal with all customer service issues, notifications, handling of refunds, and complaints made by the sending User (or other third parties) in respect of the goods or services supplied by you or your end-users under the XFERS Services.

13.3

Release of XFERS

If you have a dispute with one or more Users, you release XFERS, its parent, subsidiaries and affiliates (and any of the aforementioned entities’ officers, directors, agents, joint ventures, employees and suppliers) from any and all claims, demands and losses and damages (direct or indirect) (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

13.4

Disputes with XFERS regarding XFERS Services

13.4.1   Contact XFERS first: If a dispute arises between you and XFERS, our goal is to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost effective means of resolving the dispute quickly. Disputes between you and XFERS regarding the XFERS Services may be reported to our customer support department via the XFERS website.

13.4.2   Arbitration: For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000.00 SGD (or other currencies equivalents), the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If a party elects arbitration, that party will initiate such arbitration through the Singapore International Arbitration Centre or any other established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

13.4.3   Law and forum for disputes: Except as otherwise agreed by the parties or as described in Clause 13.4.2 above, you agree that any claim or dispute you may have against XFERS must be resolved by a court located in Singapore or where the defendant is located. You agree to submit to the personal jurisdiction of the courts located within Singapore for the purpose of litigating all such claims or disputes. This Agreement shall be governed in all respects by the laws of Singapore as such laws are applied to agreements entered into and to be performed entirely within Singapore, without regard to conflict of law provisions.

13.4.4   Improperly filed litigation: All claims you bring against XFERS must be resolved in accordance with Clause 13.4 of this Agreement. All claims filed or brought contrary to Clause 13.4 shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to Clause 13.4, XFERS may recover attorneys’ fees and costs (including in-house attorneys and paralegals) up to $1,000.00 SGD, provided that XFERS has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

14

NOTICES

14.1

Notices to You

You agree that XFERS may provide you communications about your Account and the XFERS Services electronically. XFERS reserves the right to close your Account if you withdraw your consent to receive electronic communications. Any electronic communications will be considered to be received by you: (1) within 24 hours of the time we post it to our website; or (2) immediately upon our sending of an email to you. Any notice sent to you by postal mail will be considered to be received by you 3 business days after we send it.

14.2

Notices to XFERS

Unless otherwise stated in this Agreement, notice to XFERS must be sent by postal mail to the registered address of XFERS Pte. Ltd., Attention: Legal Department.

15

MISC. TERMS

15.1

Limitations of Liability

IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, THE XFERS SERVICES, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR PARENT, SUBSIDARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES, AND SHALL NOT EXCEED $100.00 SGD OR YOUR ACCOUNT BALANCE AS AT THE DATE OF YOUR CLAIM, WHICHEVER IS LOWER.

15.2

Services Limitation

XFERS is not a bank and the XFERS Services are payment processing services rather than banking services. XFERS is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian. XFERS does not have control of, nor liability for, the products or services that are paid for with the XFERS Services. We do not guarantee the identity of any User or ensure that a buyer or a seller will complete a transaction.

15.3

No Warranty

THE XFERS SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OF WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. XFERS, OUR PARENT, SUBSIDIARIES AND AFFILIATES, OUR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. XFERS does not have any control over the products or services that are paid for with the XFERS Services and XFERS cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction or is authorised to do so. XFERS does not guarantee continuous, uninterrupted or secure access to any part of the XFERS Services, and operation of our site may be temporarily suspended for maintenance or upgrade or interfered with by numerous factors outside of our control. XFERS will make reasonable efforts to ensure that requests for electronic debits and credits involving bank accounts are processed in a timely manner but XFERS makes no representations or warranties regarding the amount of time needed to complete processing because the XFERS Services are dependent upon many factors outside of our control, such as delays in the banking system or mail service. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you. This paragraph gives you specific legal rights and you may also have other legal rights that vary from country to country.

15.4

Indemnification

You agree to defend, indemnify and hold XFERS, its parent, subsidiaries and affiliates, and our officers, directors, agents, joint ventures, employees and suppliers harmless from any claim, demand (including attorneys’ fees), fine, losses (including consequential losses and special damages), charges, expenses or any other liability incurred by any third party due to or arising out of your breach of this Agreement and/or your use of the XFERS Services, or by XFERS enforcing any term in this Agreement to prevent any breach thereof.

15.5

Intellectual Property

“XFERS.io” and all other URLs, logos and trademarks related to the XFERS Services are either trademarks or registered trademarks of XFERS or its licensors. You may not copy, imitate or use them without XFERS’ prior written consent. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of XFERS. You may not copy, imitate, or use them without our prior written consent. You may use HTML logos provided by XFERS through our merchant services or affiliate programs without prior written consent for the purpose of directing web traffic to the XFERS Services. You may not alter, modify or change these HTML logos in any way, use them in a manner that is disparaging to XFERS or the XFERS Services or display them in any manner that implies XFERS’ sponsorship or endorsement. All right, title and interest in and to the XFERS website, any content thereon, the XFERS Services, the technology related to the XFERS Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of XFERS and its licensors.

15.6

Calls to You; Advertisements / Marketing / Promotions

By providing XFERS a telephone number (including a mobile telephone number), you consent to receiving text messages and calls, including autodialled and pre-recorded messages from XFERS at that number. If we determine that a telephone number you have provided to us is a mobile telephone number, we may categorise it as such in our systems and in your Account Profile, and you consent to receive text messages from us about your use of the XFERS Services, as well as any advertising or marketing materials, at that number.

15.7

Confidentiality

If you receive Information about another User through the XFERS Services, you must keep the Information confidential and only use it in connection with the XFERS Services. You may not disclose or distribute a User's Information to a third party or use the Information for marketing purposes, unless you receive that User's express consent to do so.

15.8

Taxes

It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. XFERS is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

Please be advised that you may be subject to withholding taxes or other tax liabilities with respect to importing services from a foreign entity. In addition, you may be subject to GST, sales tax, income tax, or other tax liabilities as a seller of goods or services. It is your responsibility to check with your local tax advisor to determine which taxes apply to you, and it is your responsibility to pay such taxes to the appropriate tax authority. All Fees related to the XFERS Services are made free and clear of, and without any deduction or withholding for and on account of, any taxes, duties or other deductions. Any such deduction or withholding, if required by the laws of any country are your sole responsibility.

15.9

Complete Agreement and Survival

This Agreement, along with any applicable Policies on the Legal Agreements page on the XFERS website, sets forth the entire understanding between you and XFERS with respect to the XFERS Services. Clauses 1 (Interpretation & Definitions), 9 (Closing Your XFERS Account), 12 (Your Liability – Actions We May Take), 13 (Disputes), 14 (Notices) and 15 (Misc. Terms), as well as any other terms which by their nature should survive, will survive the termination of this Agreement. If any provision (or parts thereof) of this Agreement is held to be invalid or unenforceable, such parts of the provision shall be struck out to the extent of the invalidity/unenforceability and the remaining provisions shall be enforced.

15.10

Assignment

You may not transfer or assign any rights or obligations you have under this Agreement without XFERS's prior written consent. XFERS reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.

15.11

Translated Agreement

Any translation of this Agreement is provided solely for your convenience and is not intended to modify the terms of this Agreement. In the event of a conflict between the English version of this Agreement and a version in a language other than English, the English version shall apply.

15.12

No Waiver

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

15.13

Assumption of Rights

If XFERS pays out a Claim, Reversal or Chargeback that you file against a recipient of your payment, you agree that XFERS assumes your rights against the recipient and third parties related to the payment, and may pursue those rights directly or on your behalf, in XFERS's absolute discretion.
Updated: 20 September 2016