CUSTOMER AGREEMENT

Effective Date: 27th July, 2018

IMPORTANT: The following terms and conditions apply to individuals who are transacting either in a personal capacity in relation to their personal affairs, as a sole proprietor of a business, as a trustee of a trust, as a partner of a partnership, or as a representative or agent of any other person or entity.

  1. Customer Agreement

    This Customer Agreement (“Agreement”) is a legal agreement between you and EMQ and governs your use of the EMQ application and websites, software, programs, documentation, tools, components and any updates thereto (including software maintenance, service information, help content, bug fixes or maintenance releases), and other related products and services (together, the “Services”). This Agreement applies to each transaction (“Transaction”) that you subsequently enter into with us using any of the Services.

    By registering an account with EMQ or using any of the Services you acknowledge that you have read, agreed to and accepted all of the terms and conditions set out in this Customer Agreement as well as our Privacy Policy (collectively, the “Terms”). If you do not accept this Agreement, you will not be able to use the Services. These Terms are applicable to all of our products irrespective of the delivery platform or device you use to access them. We reserve the right to change the Terms at any time in our absolute discretion, such changes to be effective immediately.

    In this Customer Agreement, “EMQ“, “us“ or “we“ refer to EMQ Limited, together with its subsidiaries. EMQ Ltd is a company incorporated in the Hong Kong Special Administrative Region [CRN: 2038310].

  2. Definitions

    Applicable Law(s) means, to the extent applicable to the Services, to you, to EMQ, or to a finance institution regarding the Service, any national, provincial, local or administrative law, statute, rule or regulation, regulatory guidance, ordinance, rule or requirement or bulletin, decrees or orders, bylaws, articles of association, approval of governmental authority or any other interpretation or administration having the force of law of any of the foregoing by any governmental authority having jurisdiction over the matter in question, whether in effect as of the Effective Date or any time thereafter.

    Beneficiary Account means the account to which you are sending your funds.

    Business Day means a day other than a Saturday, Sunday or public holiday on which banks are open for business in Hong Kong or the relevant jurisdiction.

    Instruction means an instruction given to us by you through our Mobile Application to instruct us to process a Transaction.

    Mobile Application means the EMQ published application downloaded from the Apple App Store, Google Play, or any other application stores.

    Rate means the foreign currency exchange rate that we quote you for a Transaction.

  3. Our Services

    We are licensed by the Hong Kong Customs and Excise as a Money Services Operator [Licence No.: 14-90-01486]. Our primary business is the international remittance of money and related services.

  4. Online Registration and Customer Account Opening

    To make use of our Services you must first register an online account with us. In order for us to satisfy regulatory obligations, our registration process will require mandatory customer verification and will ask for information including, but not limited to, your legal name, date of birth, passport/national identification number as well as other personal information (e.g. income) . We may also request that you provide documentation to support that information. When registering, you must provide us with current, complete and accurate information. You further agree to update such information when any changes occur.

    You authorize us to access, directly or through third parties, various government or private databases to verify and validate your identity and account information, to process the Instruction, and/or to disclose or report the details of the Instruction in accordance with the Applicable Laws.

    We may refuse the creation of duplicate accounts for the same user. In the case where duplicate account(s) are detected, we reserve the right to close or merge the duplicate account(s) without notice.

    We reserve the right to maintain your account information after you close your account for business and/or regulatory compliance purposes.

    EMQ reserves the right to refuse to accept any new user at its absolute discretion.

  5. Privacy

    Your privacy is very important to EMQ. We are committed to protecting your personal information and to helping you understand how your personal information is being used. You should download and carefully read EMQ’s Privacy Policy on how your personal information is collected, stored, protected and used. By accepting of this Agreement, you confirm that you have read, understood and accepted EMQ’s Privacy Policy.

  6. Transactions

    If you wish to enter into a Transaction, you may do so by giving us Instructions through the EMQ Mobile App. The Transaction will be legally binding on you after we receive your Instructions and you have deposited Funds with EMQ in accordance with this Clause 6. We will provide you with confirmation of the Transaction and Transaction details on the screen at the time you book the Transaction.

    After you have registered with us using your telephone number, we will provide you with a password and a one-time verification code to authenticate you as a user of our application. It is your responsibility to ensure the security of your password. We will accept any Instruction received following the use of the password without further verification of the identity of the user. EMQ will not be liable for any loss or damage arising from your failure to protect your account information or password.

    EMQ reserves the right to refuse any Instruction at any time at its absolute discretion.

  7. Cancelling Transactions

    You may cancel your Transaction at any time before the amount is converted to the currency of the destination country, or before the amount is remitted in accordance with your Instructions, whichever is earlier.

  8. Deposit to EMQ

    All Instructions submitted to EMQ will be inactive, until we have received a valid deposit inclusive of the full amount being transferred and any transaction or service fees that may be payable.

    You acknowledge and accept that we do not accept cheques. You agree to make payments electronically or though one of our money collection outlets (e.g. Jetco ATM or Circle K) using the instructions we provide, and you acknowledge and accept that we will transmit your funds by electronic means only, either to the Beneficiary Account or to an authorized cash pick-up location.

    You must provide us with full details of the Beneficiary Account and the beneficiary, including the full name, address and the mobile telephone number of the account holder/beneficiary and any additional information we may request in order to process a Transaction. We will rely solely on the account number you give us for your Beneficiary Account and we may not check to ensure that the name provided by you accords with the account number you have given us.

    You acknowledge and agree that we do not hold your funds in trust and will not put your funds into a separate account. We will not pay you any interest on any funds held by us.

  9. Transaction Failure

    If we quote you a Rate that should reasonably be understood by you as a mistake on our part as the result of a technical or human error, it is not binding on us. You must notify us as soon as the mistake comes to your attention and we will re-quote the Rate as soon as possible.

    If a Transaction fails because of incorrect information (e.g. recipient account number or recipient name) provided by you, you may be liable for the transaction fees and any administration fees that we or a third-party agent/bank may charge for processing your Transaction.

    If your funds are sent to the wrong account or person as a result of a mistake made by you, and we have acted in accordance with your Instructions, we will be under no obligation either to recover the funds or to resend the funds to the correct Beneficiary Account or person. You will need to book a new Transaction and pay any applicable transaction fees and administration fees for such new Transaction.

    If your funds are sent to the wrong account as a result of a mistake made by us, we will take actions at our own expense to recover those funds, provided that you take prompt and reasonable action to assist us in recovering any such funds if the mistaken recipient is related to you or associated with you in any way.

  10. Return of Funds

    EMQ will return the remittance principal amount to the sender’s original source of funds when your Transaction is refused or cancelled, if such option is available, or, in the case of cash pick-up, the recipient has not appeared in person at the designated cash pick-up location to receive the cash remittance more than ten (10) days after the Transaction is initiated.

    If we are unable to return the deposit, then we will contact you using the most up to date contact information provided in your EMQ account. An administration fee may apply.

  11. Fees

    Transaction Fee

    EMQ charges a fee on every Transaction. Fees relating to each Transaction are visible to the user when the Instruction is confirmed.

    Administration Fee

    An administration fee may be incurred when your Transaction is refused or cannot be completed due to incorrect payment details, regulatory requirements, or other valid reasons, as determined by EMQ. An administration fee may also be imposed by a third-party agent/bank for processing your Transaction. The administration fee will be deducted from your Transaction amount.

  12. General Terms

    Communication

    You agree that we can communicate with you electronically either by SMS, by email or by posting notices on the EMQ website or by telephone to the telephone number as provided in your EMQ account, as we deem reasonable and appropriate.

    Receipt shall be deemed to have taken place on the day of dispatch if the email was sent prior to 1:00pm on a Business Day or the first Business Day after dispatch in any other case. If the email address you have given to us is no longer in use or valid, you must notify us as soon as possible.

    Amendment and Termination of this Agreement

    We may vary some of the Terms by posting changes on our website or the Mobile Application. Once we have given you notice of the proposed changes, if you do not tell us that you object to the changes before the date on which they are due to come into effect, then you will be deemed to have accepted them and they will take effect on the date indicated. If you do object to the changes, then you have the right to end this Agreement without charge in accordance with this Agreement.

    We may, without liability to you or any third party, refuse to let you open an account, suspend your account, terminate your account or deny your use of one or more of the Services. Such action may take place as a result of your account inactivity, your failure to respond to customer support requests, your failure to identify yourself with proper documentation, our belief that your account has been compromised, our requirement to comply with Applicable Laws, or your violation of the Terms.

    This Agreement will remain in force until terminated by you or us. You may terminate this Agreement at any time without penalty by notifying us in writing. Termination following such notice will only take effect when any outstanding Transactions prior to the date of receipt of such notification by us are completed. We may terminate this Agreement at any time by any means permissible under this Agreement, including SMS notice to your registered mobile number, which termination shall be effective immediately. Notwithstanding the foregoing and anything to the contrary, the provisions of this Agreement under the sections entitled Limitation of Liability, Indemnity, Representations and Warranties, and Governing Law and Jurisdiction shall survive termination of this Agreement.

    Limitation of Liability

    While we will endeavour to comply with your Instructions as quickly as possible, there may be circumstances in which we are unable to do so. Therefore, we always reserve the right to refuse to accept your Instructions and to do so without giving you any reasons and without any liability to you for any resulting loss or damages incurred by you or any other party.

    You acknowledge and agree that EMQ shall be conclusively deemed to have acted in good faith and to have exercised reasonable care if we have followed the procedures under this Agreement, and that EMQ shall not be liable to you or any third party for any loss, damage, claim or compensation (including loss of profit or loss of use) resulting from our execution of, or failure to execute, any transfer in accordance with the Instructions from you.

    You acknowledge that delays in the transmission and receipt of payments may occur. In particular, you acknowledge that we operate an online platform that could be subject to technical or other problems. The nature and duration of the problems may be beyond our control. Our service also involves the use of intermediaries who are outside of our control. Accordingly, while we use commercially reasonable efforts to ensure the timely transmission of funds, we cannot guarantee that transfers of funds will always be made on time. You acknowledge and agree that we will not be liable to you for any loss suffered by you or any other person as a result of any delays in the transmission of funds or any other breach of our obligations under this Agreement.

    Indemnity

    You agree to indemnify us and our directors, employees, agents, and representatives for any losses, damages, claims, penalties, costs, expenses or fees (including but not limited to reasonable attorneys’ fees ) arising from or in connection with any default by you under this Agreement, including but not limited to the provision of false information or non-compliance with Applicable Laws in connection with any Transaction under this Agreement.

    Representations and Warranties

    You represent and warrant that the following statements are true and accurate with respect to each Transaction, and you acknowledge that we may cancel or refuse to enter into a Transaction, and apply reasonable administration fees, if we find at any time that they are not true and accurate:

    1. you are over the age of 18;

    2. you are the beneficial owner or have the necessary legal authority in respect of the money you are seeking to transfer;

    3. you are not acting on behalf of an undisclosed principal or a third party;

    4. you have a valid commercial or personal reason for entering into each Transaction and will not enter into any Transaction for speculative purposes;

    5. in making your decision to enter into a Transaction, you do not and will not rely on any market-related information that may be provided from time to time by us on our website or by our employees, agents, or representatives;

    6. you and all Transactions initiated by you will comply with all Applicable Laws;

    7. all information you provide to us is true, correct, complete, certain and not misleading;

    8. you will not use the Services, directly or indirectly, for any fraudulent undertaking, to conduct any money laundering activity, in any manner that interferes with the operation of the Services, or for any illegal purposes; and

    9. your use of the Services will be in compliance with this Agreement.

    Entire Agreement

    This Agreement and any documents referred to herein constitute(s) the entire agreement between you and EMQ, superseding all prior agreements, representations and understandings, whether written or oral.

    In the event that any provision of this Agreement shall be determined to be invalid, illegal, or unenforceable by ruling of an arbitrator or court of competent jurisdiction, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to remain valid and enforceable with full force and effect.

    Governing Law and Jurisdiction

    Any dispute in relation to this Agreement or the Services provided by us must first be referred to us and both parties shall act reasonably and in good faith to resolve the dispute amicably within ten (10) Business Days from the date a notice of dispute is sent by one party to the other.

    If the matter is not resolved in the manner above, the matter shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. This referral shall include any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it. There shall be one arbitrator, who shall be chosen by the parties. In the event no agreement regarding the selection of the arbitrator can be reached between the parties, the arbitrator shall be chosen pursuant to the HKIAC Administered Arbitration Rules. The seat of arbitration shall be Hong Kong. The arbitration shall be conducted in the English language.

    You consent to the electronic recording by us of any telephone conversations between us, without an automatic warning tone. You acknowledge that either you or we may use any telephone recordings as evidence in any dispute or anticipated dispute between us or in relation to any dealings between us.

    This Agreement shall be interpreted in accordance with the laws of Hong Kong and both parties agree to submit to the jurisdiction of the courts of Hong Kong.