Effective Date: 15th October, 2016
IMPORTANT: The following terms and conditions apply to individuals who are transacting either in a personal capacity in relation their personal affairs, as a sole proprietor of a business, as a trustee of a trust or as a partner of a partnership.
This Customer Agreement (“Agreement”) is a legal agreement between you ("you") and EMQ Limited [CRN: 2038310] ("EMQ", "us" or "we") and governs your use of the EMQ application and websites, software, programs, documentation, tools, components and any updates (including software maintenance, service information, help content, bug fixes or maintenance releases) thereto, 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.
EMQ only provides an international money remittance service.
We are licensed by the Hong Kong Customs and Excise as a Money Services Operator. Our primary business is the international transfer of money and related services.
To make use of our Services you must register an online account with us using our mobile app. In order for us to satisfy regulatory obligations, our registration process will perform mandatory customer verification and will ask for information including your legal name, date of birth, a copy of your passport/national identification number as well as other personal information. When registering you must provide us with current, complete and accurate information.
You authorize and EMQ reserves the right to access, directly or through third parties, various government or private databases to verify and validate your identity and account information.
We may refuse the creation of duplicate accounts for the same user. In a case where duplicate accounts are detected, we reserve the right to close or merge these accounts without notice.
We reserve the right to maintain your account information after you close your account for business and regulatory compliance purposes.
EMQ reserves the right to refuse to accept any new user or any transaction at its absolute discretion.
If you wish to enter into a Transaction, you may do so by giving us instructions by way of our Mobile Application. 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 5. We will provide you with confirmation of the Transaction details on the screen at the time you book the Transaction.
We will provide the telephone number you registered with, a passcode and one-time verification code to authenticate you as a user of our application. It is your responsibility to ensure the security of your passcode. We will accept any Instructions received pursuant to the use of the passcode without checking the identity of the user. EMQ will not be liable for any loss or damage arising from your failure to protect your account information.
EMQ reserves the right to refuse any Instruction at any time at its absolute discretion.
You may cancel your Transaction at any time before the amount is converted or transferred in accordance with your Instructions.
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 that we do not accept cash or cheques. You agree to make all payments electronically using the instructions we provide and you acknowledge that we will transmit your funds by electronic means only.
You must provide us with full details of the Beneficiary Account, including the full name and address of the account holder and any additional information we may request to process a Transaction. We will rely solely on the account number you give us for your
Beneficiary Account and 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 on trust and will not put your funds into a separate account. We will not pay to you any interest on any funds held by us.
If we quote you a Rate that is clearly 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 as a result of incorrect information (e.g. recipient account number or recipient name) provided by you, you may be liable for an administration fee.
If your funds are sent to the wrong account as the 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. You will need to book a new Transaction.
If your funds are sent to the wrong account as the result of a mistake made by us, we will take urgent action at our own expense to recover those funds, provided that you take immediate action to assist us to recover any such funds if the mistaken beneficiary is related to you or associated with you in any way.
EMQ will return funds to the sender’s original source of funds in the following circumstances:
If we are unable to return the deposit, then we will contact you using the most up to date contact information provided to us by your EMQ account. Local bank transfer charges may apply.
EMQ charges a fee on every Transaction. Fees relating to each Transaction are visible to the user when the Instruction is confirmed.
An administration fee may be incurred when the receiving bank refuses your Transaction due to incorrect payment details, regulatory requirements or other valid reasons, as determined by EMQ. The administration fee is $75HKD and will be deducted from your Transaction amount.
You agree that we can communicate with you electronically either by SMS, email or by posting notices on the EMQ website.
Where notice in writing is required by you under this Agreement, it must be sent by email. 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 changed, you must notify us as soon as possible.
Amendment and Termination of this Agreement
We may vary some of the terms of this Agreement 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.
We may without liability to you or any third party, refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the Services. Such action may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify yourself, if we believe your account has been compromised, in order for us to comply with relevant laws or regulations, or your violation of the terms of this Agreement.
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 SMS notice sent to your registered mobile number which shall be effective immediately.
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 incurring any liability to you for any resulting loss or damages incurred by you or any other party.
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) incurred by you resulting from the failure of EMQ to execute any transfer in accordance with the Instructions from you or any other breach of our obligations under this Agreement.
You acknowledge that delays in the transmission and receipt of payments may occur. In particular, you acknowledge that we operate an online dealing platform that could be subject to technical, or other, problems, the nature and duration of which may be beyond our control. Our service also involves the use of intermediaries who are outside our control. Accordingly, while we do everything in our power to ensure the timely transmission of funds, we cannot guarantee that transfers of funds will always be made on time and cannot accept any liability to you for any loss suffered by you or any other person as a result of any delays in the transmission of funds.
Indemnity You agree to indemnify us for any costs, expenses or fees we may incur as a result of any default by you under this Agreement or any applicable laws in connection with any transaction under this Agreement. This includes but is not limited to any legal costs that we may incur in order to defend ourselves or to enforce our rights or recover any amounts incurred by us as a result thereof. You also agree to indemnify us for any fees, costs, losses, duties and taxes, whether or not those fees or charges were notified to you in advance.
Representations and Warranties You represent and warrant that the following statements are true and accurate, and you acknowledge that we may refuse to enter into a Transaction if we find at any stage that they are not true and accurate:
Entire Agreement This Agreement and any documents referred to herein constitute(s) the whole agreement between you and EMQ superseding all prior agreements, representations and understandings, written or oral.
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 use best endeavours 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 contract, 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.
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.
Mobile Application means the EMQ published application downloaded from the Apple or Google application stores.
Rate means the foreign currency exchange rate that we quote you for a Transaction.
Effective Date: 15th October, 2016
EMQ will collect your Personal Information only for the purpose of providing the Services to you and any purpose that is related to the provision of those Services. EMQ may also use your Personal Information for purposes of compiling aggregate statistics and data on its customers as a whole for the purpose of managing and improving itself and the services it provides to you and its customers as a whole. In the event that EMQ wishes to use your Personal Information for any other purpose, EMQ will identify and notify you of such purpose and obtain your consent before doing so, unless the new purpose is required by law. EMQ may also obtain information about you from an outside credit reporting agency to assist EMQ with customer authentication.
EMQ is always willing to explain to you the purposes for which your Personal Information is being collected.
EMQ may collect from you and hold some or all of the Personal Information such as, but not limited to the following to enable us to provide the Services to you (i) your name; (ii) your gender; (iii) your photograph; (iv) your address; (v) telephone number; (vi) mobile number; (vii) email address; (viii) date of birth; (ix) information for the verification of identity, including identification document type and identification number; and (x) bank account information. If you choose to add a recipient using the EMQ mobile application, EMQ will ask you for your recipient’s name, phone number, financial information (bank information) and physical address.
When registering or creating an account using the EMQ application, EMQ collects your full name, password, phone number, and such other information as EMQ may deem necessary in order to identify you, maintain the security of the EMQ application and verify and control access to your account or online profile. If you make inquiries through the e-mail links, forms or other contact methods provided on the EMQ websites, these inquiries are forwarded to the relevant office or department and are used to respond to your inquiry and maintain a record of correspondence.
EMQ and its marketing partners, affiliates, or analytics or service providers, use technologies such as cookies, beacons, tags, and scripts, to analyse trends, administer websites and applications, tracking users’ movements around websites and applications, and to gather demographic information about EMQ’s user base as a whole. EMQ may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
When registering or creating an account using the EMQ application, EMQ collects your full name, password, phone number, and other information EMQ may request in order to identify you, maintain security of the EMQ application and verify and control access to your account or online profile. If you make inquiries through the e-mail links, forms or other contact methods provided on the EMQ websites, these inquiries are forwarded to the relevant office or department and are used to respond to your inquiry and maintain a record of correspondence.
EMQ uses Internet technologies like cookies and web beacons to facilitate the services EMQ provides using the EMQ mobile application and your use of the EMQ mobile application, including for the following reasons.
NOTE: A "cookie" is a text file placed on your storage devices by a connected application, which allows for personalization of certain aspects of your visit to a connected service. "Web beacons" are transparent electronic images placed in code that collect non-personal data while visiting a website. Cookies and web beacons can usually be disabled by changing your browser preferences. Your browser usually has documentation on how to disable cookies and web beacons. Note that disabling cookies may limit the performance of EMQ’s applications. If cookies are disabled, certain features of the EMQ applications may not function properly, and you may not be able to register or use your account.
EMQ may partner with a third party to either display advertising in the EMQ application or the website or to manage EMQ’s advertising on other sites. EMQ’s third party partner may use technologies such as cookies to gather information about your activities while using the application or website and other sites in order to provide you advertising based upon your browsing activities and interests. By using our application or website, you consent to the use of your information in this manner. If you do not wish to have this information used in this manner, you must not use the EMQ applications or websites. EMQ gathers certain information automatically and stores it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data.
EMQ does not link this automatically collected data to other information it collects about you.
EMQ uses local storage to store content information and preferences. Third parties with whom EMQ partners to provide certain features in our application or to display advertising based upon your activity may also store information in local storage.
EMQ may from time to time, use your Personal Information to send you information that is relevant to the provision of EMQ’s services. If, at any time, you do not wish to receive that information, you may, by notifying EMQ, opt-out by requesting that you not be included in any future mail-outs at email@example.com.
Your Personal Information held by us may be used for the following purposes:
All Personal Information will be kept confidential by us but in accordance with the Customer Agreement, we may for the purpose(s) set out in paragraph 9 above transfer or disclose such Personal Information to the following parties:
EMQ may disclose your Personal Information to third parties for the following purposes:
EMQ may disclose or share your Personal Information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
The amount and type of information collected by EMQ will be limited to that which is necessary to provide EMQ’s Services and the information shall be retained only for as long as may be necessary for the fulfilment of the purpose for which the information is collected.
You acknowledge that EMQ is obliged under the relevant Hong Kong legislation to retain Personal Information for at least 7 years.
Subject to any legislative requirements, EMQ will permanently destroy, erase, or make anonymous your Personal Information when it is no longer required to fulfil the purpose for which it has been collected.
EMQ will make reasonable efforts to ensure that your Personal Information is sufficiently accurate, complete and up-to-date to minimise the possibility that inappropriate information may be used to make a decision about you.
EMQ will not routinely update your Personal Information unless such a process is necessary to fulfil the purposes for which the information was collected. In accordance with the Customer Agreement, you must notify EMQ as soon as possible if any of the information you have provided to us has changed.
The EMQ application is not directed at or intended for use by children under the age of 18. EMQ will not knowingly collect or maintain Personal Information using the EMQ application from those we actually know are under the age of 18.
EMQ has in place a range of security safeguards to protect your Personal Information against loss or theft, as well as unauthorized access, disclosure, processing, copying, use, erasure or modification, regardless of the format in which it is held.
The methods of protection EMQ employs may depend on the sensitivity of the information and the format in which it is contained. Security measures include: technological measures including SSL encryption for all data transfers over the Internet, physical measures such as locked filing cabinets and restricted access to offices and strategic measures such as security clearances and limiting access to a "need-to-know" basis.
You acknowledge that no data transmission over the internet or the telephone can be guaranteed to be perfectly secure. Any Personal Information you submit to EMQ or access electronically or over the telephone is done at your own risk. EMQ does not guarantee or warrant the security of information transmitted in these ways. You acknowledge that third parties could unlawfully intercept your transmissions or may wrongly instruct you to disclose Personal Information while posing as EMQ representatives.
You have the right to ask us if we have any Personal Information about you and if so, request a copy of some or all of your Personal Information. If you would like to make such a request, please email our Customer Support at firstname.lastname@example.org and provide us with appropriate proof of identity (a copy of the applicant’s Hong Kong Identity Card or Passport). We may charge you a fee at a level permitted by law for this service.
You have the right to ask us to correct your Personal Information which you consider to be inaccurate by emailing our Customer Support at email@example.com. We will respond to your request within a reasonable timeframe.
If you point out to EMQ that any information held by EMQ is inaccurate or incomplete, EMQ will take appropriate action to amend the information as required and, if necessary, notify any third party of the correction.
You acknowledge that there may be circumstances in which EMQ may refuse your data access request or correction request, including where the provision of access would be too costly, the information may contain references to other individuals or for legal, investigative, security or commercial proprietary reasons that we deem sound.
EMQ has procedures in place to receive and respond to complaints or inquiries about our policies and practices relating to the handling of Personal Information.
EMQ takes all complaints seriously and will investigate all complaints.