Xe Business Money Transfer - Terms and Conditions (v2021.07-01)
The brand, and services of, Xe Business Money Transfer and Xe, in Malaysia, are licensed, provided and operated by IME (M) Sdn Bhd (Registration No. 200101027074 (562832-V)), a company incorporated in Malaysia with its main business address at East High Zone, Unit 38-02, Level 38, Q Sentral 2A, Jalan Stesen Sentral 2, Kuala Lumpur Sentral, 50470 Kuala Lumpur, Malaysia licensed for the provision of money transfer services (hereinafter “Xe”, “Ria”, “we”, “our” or “us”).
It is important that you read and understand these terms and conditions (“Terms and Conditions”) before you accept them. These Terms and Conditions are applicable to and available on the Xe Business Money Transfer website or mobile application (the “Xe B2B Platform”) managed by Xe, Ria and/or any other company within Our Group. These Terms and Conditions explain many of your responsibilities to us and our responsibilities to you, how and when our agreement with you can be terminated and the extent of our liability to you. Further information is available under the ‘FAQ’ section on Xe B2B Platform.
BY COMPLETING AND SUPPLYING THE INFORMATION REQUIRED TO MAKE A PAYMENT TRANSACTION, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT AND IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THEM CAREFULLY.
CONSUMER FRAUD ALERT: WIRING MONEY IS JUST LIKE SENDING CASH. PROTECT YOURSELF FROM FRAUD BY SENDING MONEY ONLY TO PERSONS YOU KNOW OR CAN OTHERWISE VERIFY TO BE TRUSTWORTHY. CLICK HERE TO LEARN MORE ABOUT SENDING MONEY SAFELY WITH RIA. IF YOU BELIEVE YOU ARE THE VICTIM OF FRAUD OR A SCAM, PLEASE CONTACT US IMMEDIATELY AT 1800 88 2077 OR BY EMAIL TO MY_support@ riamoneytransfer.com AND CONTACT YOUR LOCAL LAW ENFORCEMENT AUTHORITIES.
1. OUR SERVICES
1.1 These Terms and Conditions govern the provision of Our Services, consisting of the execution of Payment Transactions initiated by you through the Xe B2B Platform. These Terms and Conditions shall apply to your use of the Xe B2B Platform where you instruct us to perform, and we agree to perform for you, any of Our Services, including content, functionality and services offered through
1.2 Our obligations under these Terms and Conditions are conditional upon our acceptance of you as a user, which is at our sole discretion and we reserve the right to decline to provide Our Services to you without specifying a You must promptly provide all information and documentation which we may request from you at any time to enable us to comply with any requirements relating to Our Services, including as required by anti-money laundering and anti-terrorist financing regulation and other relevant laws and regulations, and you consent to us contacting you for these purposes.
2.1 These Terms and Conditions use the following definitions:
i. “Authorised Person” means a natural person who is authorised by you and accepted by us to provide us with instructions on your behalf
ii. “Bank Card” means a Visa or MasterCard credit card, or a debit card
iii. “Bank Transfer” means the method of payment where you instruct your bank to send money or payment directly, or through a third-party payments company engaged by Ria for the purpose of facilitating your payments for Our Services, to Ria’s bank
iv. “Business Day” means Monday to Friday excluding Bank Holidays and Public Holidays, in Malaysia
v. “Card Issuer” means the issuer and owner of a Bank Card
vi. “Contract” means a contract entered into between you and us, subject to these Terms and Conditions, where we provide Our Services to you
vii. “Our Group” is defined in clause 21 below
viii. “Our Services” means the money transfer and other services which we provide through the Xe B2B Platform
ix. “Payment Order” means all instructions submitted by you to us requesting the execution of a Payment Transaction
x. “Payment Transaction” means the transfer of money to a Recipient
xi. “Recipient” means the non-natural person or legal entity, designated by you as the receiver of the Payment Transaction and acceptable to us, who receives the money transfer by bank transfer to the designated bank account, pursuant to your instructions in the Payment Order
xii. “US Sanction Laws” means the applicable sanction policies and programs issued by the United States treasury from time to time
xii. “Xe B2B Platform” is defined in the introductory paragraph above
The terms “you”, “your”, “yours” and “user” mean you, a non-natural person or legal entity recognised under the laws of Malaysia, who is contracting with us using the Xe B2B Platform for the provision of Our Services.
3. FORMATION OF CONTRACT
Each Payment Transaction which we perform for you is a separate Contract which incorporates these Terms and Conditions. At no time is a framework agreement concluded between you and us which obligates us to execute subsequent Payment Transactions. You shall inform the Recipient of the Payment Transaction accordingly.
4.1 We may amend these Terms and Conditions from time to time, for example in order to comply with changes in the law or regulatory requirements or due to changes in market
4.2 If we make any change to these Terms and Conditions, we will do so by email and/or by placing the revised version of these Terms and Conditions on the Xe B2B Platform. The effective date from which any change is to take effect (the “Effective Date”) will be clearly
4.3 Changes that we make to these Terms and Conditions will normally only apply to Payment Orders entered into after the Effective Date but will also apply to Payment Orders entered into before the Effective Date where we are required to do so by law or regulatory In any event, and for the avoidance of doubt, where legally permissible, the updated version of these Terms and Conditions shall supersede any previous version.
4.4 We do not guarantee that the Xe B2B Platform or any content on it, will always be available or We may suspend or withdraw or restrict the availability of all or any part of the Xe B2B Platform for business and operational reasons. We will try to give you reasonable notice (for example by posting a message on the Xe B2B Platform) of any scheduled suspension or withdrawal.
5. FINANCIAL MARKETS
5.1 No advice
Although we may provide you with market information should you ask us to do so, we do not provide advice (whether to proceed with, or not proceed with or in respect of the timing of any Payment Transaction) and you should not treat any information we provide to you as advice. That is, we do not take into account your personal or corporate situation, experience, financial objectives or circumstances. It is entirely for you to decide whether or not to enter into a Contract and entirely for you to decide whether or not a Contract and your instructions to us, are suitable for you and your circumstances.
You should be aware that banks have fixed cut off times for the receipt and dispatch of electronic payments. We are not responsible for and have no liability for any delay in or failure of any Payment Transaction which results from a late arrival of funds or from late receipt of instructions.
5.3 Bank delays and errors
Subject to applicable regulations, we accept no responsibility for, and will have no liability in respect of, any delay or withholding of payment by a bank or intermediary bank(s) or payment services provider(s). Delays in onward payment may be attributable to factors outside of our control, including (without limitation) bank(s) errors, omissions or delays or their failure to conduct the payment.
A bank or payment services provider may also be required to (among other things) delay or withhold payment if it is not satisfied with information about you, as our client, the purpose and nature of the payment or recipient for the purposes of complying with applicable anti-money laundering or terrorist financing legislation, US Sanction Laws and / or other laws.
6. ACCESS TO OUR SERVICE
6.1 By using the Xe B2B Platform, you represent and warrant that you (or the Authorised Person) have the legal capacity and authority to enter into a binding Contract with If it comes to our attention that you (or the Authorised Person) neither have the capacity nor authority to enter into a binding Contract with us, we will cancel the Payment Order and/or terminate your account.
6.2 Each transaction is specific to you, as our customer. You will not, and will procure that the Authorised Person will not, complete the Payment Order on behalf of any third party and you will not, and will procure that the Authorised Person will not, provide us with any instructions for or on behalf of or on account of any third party. We have no responsibility to and will not perform Our Services for any person except you.
6.3 Before we can perform any of Our Services for you, you must register with us and properly complete the registration process through the Xe B2B In order to complete your registration, you must provide us with all the details we require and in the form that we request from you, including details relating to your identity and proof of address and any other information we may require from you.
If you do not use Our Services for 2 (two) years, you may need to re-register with us.
You will promptly supply us with all information and documentation which we may ask you for at any time to enable us or our banking counterparties to comply with any legal or regulatory requirements relating to Our Services.
To the extent that any information or documentation (which may include personal data) requested pursuant to this clause 6 is currently in the possession of the Our Group, you agree that such information or documentation may be shared with us and used by us to enable or facilitate our compliance with legal obligations and/or our legitimate internal compliance processes. You acknowledge that the transfer of information and documentation to us pursuant to this clause 6.3 may involve a transfer outside of Malaysia.
You agree that we are not required to take any action or perform any obligation under or in connection with these Terms and Conditions and that we may delay, block or refuse to make any payment or to provide any of Our Services if we are not satisfied as to your identity or the information provided by you, or if we are not satisfied that providing any of Our Services or making a payment would be in compliance with relevant laws and regulations.
6.4 You agree that you shall not use any of Our Services for any investment purpose but only for making payments for relevant goods or services or other You will not use any of Our Services to try to speculate or profit from exchange rate fluctuations. You warrant and undertake to us prior to making any Payment Order, that the Recipient of such Payment Transaction is not a person, group or entity, or associated with a country, sanctioned under US Sanction Laws.
6.5 You will, subject to the provisions of these Terms and Conditions, be able to access Our Services via the Xe B2B Platform by correctly entering your user name and password (together your “User ID”) but in no other Your User ID is strictly confidential. It is your responsibility to ensure you keep your User ID and any other security features associated with your access to the Xe B2B Platform (including any Payment Order details) safe and secure. If you become aware or have any suspicion that your User ID is no longer confidential or has been compromised in any way, you must contact us immediately by telephone at: 1800 88 2077 or by email to: MY_support@riamoneytransfer.com. Any undue delay in contacting us may affect the security of Our Services and/or result in you incurring losses or being liable for any losses.
Once you have informed us of the unauthorised use of your User ID we will take all necessary action to prevent any further use of this information. We will inform you of such steps after having taken them and provide the reasons for taking such steps unless we are prevented from doing so for legal reasons.
Taking these steps do not make us liable for any loss or damage caused as a consequence of your failure to comply with your duties under these Terms and Conditions. However, you may be entitled to the reimbursement or credit of a certain amount from your Card Issuer if your Bank Card or your bank account have been used in a fraudulent manner. Subject to relevant law and regulations, you will be responsible for damages caused to us as a consequence of the unauthorised use of your User ID.
We reserve the right to disable your User ID in our sole discretion for any reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions.
6.6 You are responsible for the completeness and accuracy of all information you provide to us at any time, including information set out in your Payment Order and details of the Recipient.
6.7 You must always provide us with accurate instructions, and make sure any Authorised Person provides us with instructions, in the English language.
If, at any time, you ask us to communicate with any other person about a Payment Transaction, we shall be under no obligation to act. Should we, at our sole discretion, choose to act, we will not be liable to you for any disclosure of any information we make to that person concerning that Payment Transaction and we are entitled to rely on and to treat any information disclosed to us by that person as complete and accurate in all respects.
6.8 You must keep your contact information up to date at all times and be available should we need to contact You will notify us as soon as you become aware of any error in any details you have provided to us or any error in connection with a Payment Order or Transaction. You undertake not to omit to tell us anything which may affect our decision whether or not to provide you with Our Services or to continue to do so.
6.9 As part of the registration process, you shall appoint and authorise a natural person (Authorised Person) to provide us with instructions on your Any appointment of an Authorised Person shall remain in full force and effect unless and until a notice of cancellation of appointment is delivered to us. Unless and until you have provided notice to us to the contrary, you acknowledge and agree that:
(a) you are responsible for ensuring that only the Authorised Person accesses Our Services to issue Payment Order or otherwise provide us with instruction(s) on your behalf;
(b) you shall ensure that the Authorised Person is aware of these Terms and Conditions and you will procure that such Authorised Person complies with these Terms and Conditions; and
(c) we will treat use of the Authorised Person’s sign-in or account information or a Payment Order by or the instructions of the Authorised Person, as if they came from and are authorised by you.
You warrant to us that all Authorised Persons have full authority from you to instruct us in connection with all matters in respect of which they are stated to be authorised by you. It is your responsibility to properly complete the registration process with all information relating to the Authorised Person and the scope of his authority. You warrant and undertake that you will be responsible for all actions and omissions of all Authorised Persons as if those actions or omissions were your own.
6.10 We have no responsibility to and will not perform Our Services for any third party under any contract unless expressly agreed otherwise in writing with you. You warrant to us that you, or your Authorised Person, are not acting for or on behalf of or as agent for any third party.
7. REQUIRED HARDWARE AND SOFTWARE
7.1 You must provide and/or obtain any equipment or telecommunication lines including a computer or device and an operating system and a printer to print out and retain records on paper, in electronic storage or on other durable medium, as may be necessary for you to use Our Services. You acknowledge that certain software and equipment used by you may not be capable of supporting certain features of Our Services. You should print out and retain a copy of all of the notices, disclosures and statements we send to you electronically.
7.2 We reserve the right to discontinue support of a current version of software if, in our opinion, it suffers from a security or other flaw that makes it unsuitable for use with Our By “current version”, we mean a version of any software that is being supported and is compatible with the Xe B2B Platform at any given time.
7.3 We reserve the right, at our sole discretion, to communicate with you via post.
7.4 We are not responsible for the content, policies, goods or services of any other persons or websites linked to or accessible via the Xe B2B The existence of any link to any other mobile application or website does not constitute an endorsement of, or association with, any such mobile application, website or any person operating any such mobile application or website. Any reliance on any content, policies or services of any other persons, mobile applications or websites is at your sole risk. Any queries, concerns or complaints concerning such mobile applications or websites should be directed to the persons responsible for their operation.
7.5 You may bookmark the Xe B2B Platform or add it to your favourites, but you must not create a link to any part of the Xe B2B Platform or in any way suggest any form of association, approval or endorsement on our part where none exists.
8. ISSUE OF PAYMENT ORDERS
8.1 Subject to these Terms and Conditions you will be able to use Our Services by logging into the Xe B2B Platform and giving us your Payment Our Services are available for Payment Transactions to a wide choice of destination countries and in a wide choice of currencies as set out from time to time on the Xe B2B Platform.
8.2 Payment Orders must include such information, as we determine from time to time, required to provide Our Services to you including (but not limited to) the following information:
i. name and other details identifying the Recipient
ii. destination country of the Payment Transaction
iii. amount and currency of the Payment Transaction;
iv. reason or purpose of the Payment Transaction; and
v. the International Bank Account Number (“IBAN”) when such bank account has an IBAN code, or the bank account number as corresponds in each case.
8.3 We will only accept a Payment Order which is submitted through the Xe B2B Platform. Your instruction to perform a Payment Transaction will be treated by us as your consent for us to proceed with, and our authorisation to, perform that Payment Transaction.
8.4 Further information and explanation about the steps you need to take to ask us to perform a Payment Transaction for you will be given to you when you ask us to do this and can be found under the “FAQ” section of the Xe B2B Platform.
8.5 Payment method
Where applicable, we may accept payment by Bank Card or by Bank Transfer as the designated method of payment to us for the execution of your Payment Transaction and the customer fee we charge for the Payment Transaction. You must:
(i) (a) by Bank Card: authorise your Card Issuer to transfer the funds required by us for the Payment Transaction so that: (a) such funds are charged to the account linked to your Bank Card; and (b) we receive an authorisation from the Card Issuer and subsequently receive the funds required by us to proceed with the Payment Order; or
(b) by Bank Transfer: authorise your bank to transfer the funds required by us for the Payment Transaction so that: (a) such funds are debited from your account; and (b) we receive the funds required by us to proceed with the Payment Order; and
(ii) ensure that your method of payment has sufficient funds or credit available and received by us in time to enable us to proceed with the Payment Order;
(iii) ensure that we have received the funds we tell you are required to proceed with the Payment Transaction before we execute your Payment This sum must be immediately available to us in cleared funds and made by your Bank Card or by Bank Transfer from your bank account.
8.6 We do not provide credit and are not able to advance any funds to cover any part of a Payment Transaction.
8.7 You acknowledge and agree that all Payment Transactions authorised by you are subject to all applicable laws.
8.8 Your Card Issuer and/or your bank or credit institution will also have terms and conditions that apply to your use of your Bank Card or Bank Transfer services, or bank account and you must refer to such agreement(s) when providing the funds required for the Payment Transaction to proceed as such terms and conditions may include the application of fees and charges and other provisions imposed by your Card Issuer and/or your bank or credit institution.
9. CURRENCY EXCHANGE
9.1 If you ask us to execute a Payment Transaction in a currency other than Malaysian Ringgit, we will apply an exchange rate in addition to the applicable service charge (if any) and we will tell you what the applicable exchange rate and service charges are.
9.2 For further information about the price calculator (setting out available currencies and countries and exchange rates), payout locations and customer fee and exchange rates, please consult the FAQ section on the Xe B2B Platform.
10. PAYMENT TRANSACTION EXECUTION
10.1 If we receive a Payment Order together with the necessary cleared funds to be transferred and the fees associated with the Payment Transaction prior to the close of business on a Business Day, the Payment Order will be deemed to have been received by us on that Business Day (“Day of Receipt”). If a Payment Order is received by us after closure of business on a Business Day or on a day that is not a Business Day, the Payment Order will be deemed to have been received on the next Business Day immediately following receipt of the Payment Order.
10.2 Subject to clause 10.3 below, for a Payment Transaction to be paid to the Recipient’s bank account, the funds will be made available to the Recipient at the latest by the end of the fourth Business Day after the Day of Receipt.
10.3 Banking practices may vary from bank to bank, and the destination country in which the funds are to be For more information on when a Payment Transaction will be credited to such an account, you will need to contact the Recipient’s account provider.
10.4 Once a Payment Order is received by us it shall be irrevocable except to the extent that it may be withdrawn by you as provided for in relevant laws and regulations and as set out in clause 18.
10.5 If we execute a Payment Order based on incorrect details you provided, we will not be liable for any losses incurred, although we will attempt to assist in the recovery of the payment amount and we reserve the right to charge you a fee to cover our reasonable costs for doing this.
10.6 Once a Payment Order has been accepted by us in accordance with these Terms and Conditions, we will provide you with the following information in electronic format, without undue delay:
i. a reference number enabling you to identify the Payment Transaction and the Recipient
ii.the amount of the Payment Transaction stated in the currency used in the Payment Order
iii.confirmation of any customer fees, service charges and/or costs related to the Payment Transaction that you must pay to us or have been deducted from the amount paid, as the case may be
iv. the exchange rate used by us to execute the Payment Transaction and the amount of the Payment Transaction after this currency conversion (if a Payment Transaction involves currency exchange)
v. the date we received the Payment Order
10.7 When a Payment Transaction has been confirmed you will automatically receive an e-mail notification at the address you provided. Once the Payment Transaction has been executed by us, you will also receive e-mail notifications at the address you provided to us confirming (i) when the funds have arrived and (ii) if applicable, when the funds have been collected by the Recipient.
10.8 If a Payment Transaction has not been paid to a Recipient within a maximum of 30 days (depending on the country in which the funds are to be collected and the Paying Agent involved in the Payment Transaction – please contact our customer service for more information), we will automatically cancel the Payment Transaction and notify you accordingly. Thereafter, the funds comprising the Payment Transaction will not be available for collection by the Recipient and will be held by us on trust until we are able reimburse the same to you (which shall be via the same payment method you used to fund the Payment Transaction).
11. UNAUTHORISED PAYMENT TRANSACTIONS
11.1 Where we perform a Payment Transaction that you have not authorised we shall not be liable for any costs, claims, losses, damages or otherwise except for on the grounds set out in this Agreement.
11.2 Where you believe we may have performed a Payment Transaction that you did not authorise, you should let us know as soon as possible via the contact details set out at clause 26 below.
11.3 Subject to clause 11.4 below, where we have performed such a Payment Transaction, and unless there are circumstances preventing us from doing so, we will immediately refund to you in full the amount of that Payment Transaction within 7 days of cancellation.
11.4 You will not be entitled to any such refund:
i. if you do not inform us by notice in writing without undue delay on your becoming aware that an unauthorised Payment Transaction may have occurred, and in any event not later than 2 weeks after the date on which the unauthorised Payment Transaction was made; or
ii. if the Payment Transaction was authorised by you; or
iii. if a payment transaction occurs as a result of unauthorised use of the User ID and such unauthorised use of the User ID is due to no fault of our own.
11.5 You will be liable to us for all losses which we suffer or incur relating to any fraud or fraudulent activity by you or your Authorised Persons at any time.
12. NON-EXECUTION OR FAULTY EXECUTION OF PAYMENT TRANSACTIONS
12.1 We may be liable to you if we fail to perform or incorrectly perform any Payment Transaction that you authorised us to Where you believe we may have failed to perform or incorrectly have performed such a Payment Transaction, you should let us know as soon as possible and, if you request, we will make immediate efforts to investigate the matter and let you know the outcome of our investigation.
12.2 Subject to clause 12.3 below, where we have failed to perform or have incorrectly performed a Payment Transaction, we will without undue delay make good and correct the error and deliver the amount of the unperformed or incorrectly performed Payment Transaction as originally instructed.
12.3 You will not be entitled to the remedy mentioned above:
i. if you do not inform us by notice in writing without undue delay (and in any event not later than 2 weeks after the date on which the incorrect Payment Transaction was performed) on your becoming aware of our failure to perform a Payment Transaction authorised by you or incorrect performance by us of a Payment Transaction authorised by you may have occurred;
ii. if we are able to show that the authorised amount was received by, or credited into the account of, the Recipient;
iii. if the failure to perform or incorrect performance was due to you providing us with incomplete or incorrect information or was otherwise due to your fault; or
iv. if the failure to perform was due to our compliance of relevant laws, regulations or direction from authorities; or
v. if a Payment Transaction was performed as a result of unauthorised use of the User ID where such unauthorised use of the User ID is due to no fault of our own.
12.4 We will have no liability to you for failure to execute, or any incorrect execution of, a Payment Transaction where the reason was our refusal to proceed with that Payment Transaction or any part of it.
13.1 Use of Our Services may incur a service charge and/or customer transaction fee which will be charged to the Bank Card or included in the Bank Transfer you identify as the payment method for your Payment Transaction, customer fee and any other costs as provided in these Terms and Conditions.
13.2 Before execution of a Payment Order we shall provide information to you regarding the fee and any applicable exchange rates, which will be displayed in the order preview section of the Xe B2B Platform.
13.3 In addition to any fees charged by us, a Payment Transaction may be subject to other fees, taxes, costs and exchange rates payable to other parties, by you or by your Recipient, for example banks and other payment institutions involved in the Payment Transaction as well as deductions that may apply (for example for tax) as required by, including but not limited to, the authorities of the destination country of the Payment Transaction. Where we are required by the law of any country, territory or to make any deduction from any amount that we receive from you for a Payment Transaction, we must make such a The amount that we deduct will be no more than the amount of our legal responsibility.
13.4 If you use your mobile phone in connection with a Payment Transaction, you will also be responsible for any fees that your service provider may charge, such as fees for SMS, data services.
14. SET OFF
You agree that we may set off any amount you owe us against any sums owed by us to you or your Recipient.
15. PAYMENT TRANSACTION RESTRICTIONS
15.1 We reserve the right, in our sole discretion to: (i) refuse to process a Payment Transaction; (ii) limit the amount of a Payment Transaction; (iii) require you to provide additional information to complete a Payment Transaction; and/or (iv) take reasonable measures with respect to a Payment Transaction where in our opinion this is necessary to comply with applicable laws and regulations including where we have concerns about the identity of persons or Recipient involved in the Payment Transaction.
15.2 Notwithstanding any prior agreement to initiate a Payment Transaction, we may, in our sole discretion also refuse to proceed with a Payment Transaction in circumstances which include (but are not limited to) where:
i. the intended Recipient is anyone other than a non-natural person;
ii. we are required to do so under applicable anti-money laundering or terrorist financing legislation and/or where we know or suspect the Payment Transaction may be unlawful (including for instances of fraud) or in contravention of US Sanction Laws;
iii. you have failed to provide us with sufficient, satisfactory and reliable evidence of your identity or any other information we require in relation to a Payment Transaction;
iv. we know or suspect that the Payment Order requested by you contains errors, is forged or is unauthorised;
v. you have provided us with wrong or incomplete information, or we do not receive Payment Order information in a timely manner in order to guarantee the timely execution of the Payment Transaction;
vi. you have failed to provide us with the cleared funds (including any associated fees) required to execute the Payment Transaction;
vii. your Card Issuer does not authorise the use of your Bank Card to pay for the Payment Transaction and our fees;
viii. your bank does not authorise the Bank Transfer to pay for the Payment Transaction and our fees; or
ix. you are in breach of an obligation under these Terms and Conditions, including an obligation to pay our fees;
x. you have failed to meet the requirements of clauses 1 (Our Services), 6 (Access to Our Service), 17 (Acceptable Purpose) and 8 (Issue of Payment Orders) of these Terms and Conditions;
xi. money to perform a Payment Transaction is received from any person other thanyou.
15.3 We reserve the right not to accept or allow payments from or to, either directly or indirectly, certain countries which we have determined, acting in our sole discretion, are high risk to our business or involve a higher level of complexity for us in carrying out our anti-money laundering or anti-terrorist financing legislation transaction monitoring process.
15.4 We further reserve the right to request additional information from you, including information about the Recipient, where payments are to be made to certain countries.
15.5 If we refuse to proceed with the execution of a Payment Order in accordance with these Terms and Conditions we will tell you prior to the end of the Business Day following receipt of the Payment Order.
Where it is possible and lawful for us to do so, we will provide the reasons for our refusal to proceed with your Payment Order. In cases where you have provided incorrect information or omitted to provide information, we will explain how to rectify the situation.
15.6 Our Services are subject to such transactional restrictions as we may from time to time in our sole discretion impose, including as to the maximum amounts to be transferred, destination countries and available currencies.
16.1 Each Contract will automatically expire once the Payment Transaction has been executed.
16.2 We may terminate a Contract and/or suspend Our Services to you immediately:
i. where we try to but are unable to make contact with you using the contact details you have provided to us;
ii. where you do not provide us with all the details we require to perform a Payment Transaction;
iii. where it becomes unlawful for us to continue to provide you with Our Services or we are required to do so by law, by any court of competent jurisdiction or by any governmental or regulatory body which authorises us to perform Our Services;
iv. following a material breach by you of any of these Terms and Conditions or in the event that we discover or have reasonable cause to suspect any crime, fraud, fraudulent activity or money laundering by you;
v. in the event that you become unable to pay your debts as and when they fall due, a petition in bankruptcy is presented against you, you are declared bankrupt, you become insolvent, you enter into an individual voluntary arrangement or go into liquidation or are subjected to any similar event; or
vi. as provided for in clause 19 (Circumstances beyond our Control).
The provisions of this clause 16 (Termination) and clauses 19 (Circumstances beyond our Control), 22 (Personal Data Protection), 23 (Limitation of Liability), 28 (Applicable Law and Jurisdiction), 29 (Third Party Rights) and 34 (Entire Agreement) shall survive the termination or expiry of these Terms and Conditions for any reason.
17. ACCEPTABLE PURPOSE
17.1 We reserve the right, in our sole discretion, to impose ‘acceptable purpose’ terms in relation to the provision of Our Services including the prohibition of certain categories of Payment Orders.
17.2 If any Payment Transaction is conducted or attempted to be conducted in breach of the acceptable purpose prohibitions applicable from time to time we reserve the right to reverse the Payment Transaction and/or close or suspend your use of Our Services and/or report the transaction to the relevant law enforcement agency and/or claim damages from you. For more information, please contact our customer service team whose details are specified in clause 26 below.
18. RIGHT TO RESCIND OR CANCEL A PAYMENT TRANSACTION & REFUND
18.1 Where you have authorised us to perform a Payment Transaction, we will proceed with that Payment Transaction unless:
i. you provide us with clear instructions that you wish to rescind the Payment Order by contacting our customer service team whose details are specified in clause 26 of these Terms and Conditions and, in all cases;
ii. we agree in writing with you that we will not do so,
(together a “Cancellation”).
18.2 For the avoidance of doubt, we will not accept any Cancellation if:
i. your instructions are unclear;
ii. if any Cancellation instruction is received by us after business hours on the last Business Day before the day that Payment Transaction is due to take place; or
iii. the Payment Transactions has already been processed and sent, where your instruction is to pay the Payment Transaction into your Recipient’s bank
18.3 Notwithstanding the above, if you provide us with clear Cancellation instructions, other than in the circumstances described above where we will not accept a Cancellation, we will attempt to cancel the Payment Transaction. We will not however be liable for any losses incurred and we reserve the right to charge you a fee to cover our reasonable costs for a We will not be liable for any losses incurred where, despite our attempts to cancel a Payment Transaction, we are unable to cancel a Payment Transaction.
18.4 Refund Information
i. Unless a Payment Transaction has already been paid out to your Recipient, and to the extent permitted by law and the provisions of these Terms and Conditions, if you request a refund of your Payment Transaction (or your Payment Transaction is cancelled), we will refund you the principal Payment Transaction amount (at our Exchange Rate at the time you made the Payment Order) on the condition that you provide Ria with a copy of a valid receipt. A receipt is not valid unless the corresponding transaction is processed through our system and contains the computer-generated imprint of the relevant information, including but not limited to the correct receipt/order
ii. To the extent permitted by law, we will not refund the customer fees if the Payment Transaction is stopped or otherwise cancelled at your request or due to your breach of these Terms and Conditions.
iii. You acknowledge and agree that a request for a refund must be made within 2 years from the date of the Payment
iv. To request for refund, please contact us by telephone at: 1800 88 2077 or by email to: MY_ email@example.com
19. CIRCUMSTANCES BEYOND OUR CONTROL
We do not assume any liability if we are unable to perform any of our obligations to you or our performance of any of our obligations is delayed due to any circumstances outside of our reasonable control, including (without limitation) any industrial action, labour dispute, act of God, fire, pandemic, flood or storm, war, riot, civil commotion, siege, security alert, act of terrorism or any resulting precautionary measures taken, act of vandalism, sabotage, virus, malicious damage, compliance with any statute, statutory provision, law, governmental or court order, the actions or instructions of the police or of any governmental or regulatory body which authorises us to perform Our Services, cut or failure of power, failure of equipment, systems or software or internet interconnectivity or the occurrence of any extraordinary fluctuation in any financial market that may materially adversely affect our ability to perform Our Services, or our obligations under applicable laws and regulations. If any of these circumstances occur then these Terms and Conditions will be suspended for the period during which the circumstances continue or, at our discretion and in order to protect both you and us, we may terminate these Terms and Conditions.
20. NOTIFICATIONS AND ELECTRONIC COMMUNICATIONS
20.1 Scope of your consent to receive electronic notifications and communications
As part of your relationship with us, you may receive notifications and communications in writing related to Our Services. In light of our commitment to protecting the environment and to facilitate the use of Our Services, such notifications and communications will be carried out in electronic form. To this end, and to the extent permitted by applicable laws at any given time, you agree to receive in electronic format all information that we would otherwise be required to provide to you in paper form, including, but not limited to: (i) legally required disclosures, notices and other communications associated with your access to or use of our Service, including information about fees or charges and any and all legally required pre and post Payment Transaction disclosures; (ii) confirmation regarding collection and/or receipt of a Payment Transaction; (iii) these Terms and Conditions, any updates or changes in these Terms and Conditions and other informational mailings regarding the same; (iv) customer service communications; (v) privacy policies and notices; (vi) information regarding the debiting or charging, as applicable of your selected payment method; (vii) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of Our Services (viii) any other communications related to your access to and/or use of Our Services, and (ix) with your consent, marketing and other promotional communications.
20.2 Keeping your e-mail and any electronic address current with us
You must keep your e-mail address and any other electronic address and contact details (including your mobile telephone number), current in the Xe B2B Platform.
20.3 In order to ensure that we are able to provide notices, disclosures and statements to you electronically, you must notify us of any change to your e-mail or other electronic address and your Authorised Person’s mobile telephone You may update the e-mail address and mobile telephone number that we have on record for you through the Xe B2B Platform.
21. INTELLECTUAL PROPERTY
21.1 Our Services and the Xe B2B Platform, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof), are owned by us, the Euronet Worldwide Inc. group (a group to which we belong) (“Our Group”) and/or our/their licensors or other providers of such They are protected by Malaysian, and international laws governing copyright, trademark, patent, trade secret and other intellectual property or proprietary rights and remain the property of us, Our Group and any relevant third party licensors.
21.2 You are permitted to use the Xe B2B Platform and our Service strictly pursuant to these Terms and You must not:
i. copy, modify, create derivative works of, publicly show, publicly display, republish, download, store or transmit any of the material on our site, except to: (a) save copies of such materials temporarily in “Random Access Memory”; (b) store files that are automatically cached by your web browser for display enhancement purposes; and/or (c) print a reasonable number of pages of the Xe B2B Platform for a permitted use
ii. modify copies of any materials from the Xe B2B Platform or delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site
iii. use any images, graphics, video or audio from the Xe B2B Platform separately from any accompanying text
iv. reproduce, sell or exploit for any commercial purposes any part of the Xe B2B Platform, access to the Xe B2B Platform or use of the Xe B2B Platform or any services or materials available through the Xe B2B
21.3 If you print, copy, modify, download or otherwise use any part of the Xe B2B Platform in breach of the Terms and Conditions, your right to use the Xe B2B Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have No right, title or interest in the Xe B2B Platform or any content on the site is transferred to you, and we, our licensors, along with any of the companies that form part of Our Group and their licensors, all reserve all rights not expressly granted. Any use of the Xe B2B Platform not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
22. DATA PROTECTION AND CONFIDENTIALITY
22.3 We will not treat client information as confidential where it is already public knowledge or where it becomes public knowledge through no fault of our own.
22.4 We may disclose client information if we are required to do so by law, by a court, by court order, to meet any statutory, legal or regulatory requirement on us, or by the police or any other law enforcement agency in connection with the prevention or detection of crime or to help combat fraud or money laundering.
23. LIMITATION OF LIABILITY
23.1 Our total liability to you in connection with a Payment Transaction is limited to the full amount of the Payment Transaction together with any charges for which you may be responsible and any interest which you may be required to pay as a consequence of any non-performance or incorrect performance by us of the Payment Transaction.
23.2 If we contravene any requirements imposed on us by relevant laws and regulations (that may set out certain obligations on us as provider of Our Services, including relating to unauthorised, unperformed and incorrectly performed Payment Transactions), we will not be liable to you if such contravention is due to abnormal and unforeseeable consequences beyond our control, the consequences of which would have been unavoidable despite all efforts by us to the contrary or where this is due to other obligations imposed on us under other provisions of applicable laws and regulations.
23.3 Notwithstanding any other provision in these Terms and Conditions we do not exclude our liability for death or injury caused by our negligence or the negligence of our employees or agent, fraudulent misrepresentation or any other liability which may not be excluded under applicable law.
23.4 Under no circumstances will we be liable to you or any third party for:
a. any loss or damage arising directly or indirectly:
i. out of anything done or omitted to be done by us in good faith in the course of performing Our Services, which shall include where we refuse to enter into a Contract or (subject to the requirements of applicable regulations) or where we terminate a Contract in any of the circumstances set out in clauses 2;
ii. as a result of any fluctuation in any exchange rate, or other circumstance beyond our control (as set out in clause 19);
iii. as a result of any act or omission by you or any Authorised Person, which shall include where you do not provide us with any amount we require from you by the due date;
b. any loss of profits, loss of business or loss of or damage to reputation or goodwill; or
c. any indirect or consequential losses,
even if we have been advised of the possibility of such losses.
23.5 You hereby fully indemnify us and shall keep us fully indemnified in respect of all and any liability which we incur as a result of:
(a) your breach of any of these Terms and Conditions or of any other term or condition of the Contract or of any other term or condition relating to any of Our Services;
(b) any act or omission by you or any Authorised Person; and/or
(c) any termination of the Contract by us pursuant to clause 2.
23.6 We are not liable under any Contract to any third party and are not liable for any loss or damage whatsoever caused to any third party. You hereby fully indemnify us and shall keep us fully indemnified in respect of all and any losses, costs (including legal costs), claims, damages, expenses, taxes, charges and any other liability whatsoever which we may incur at any time to any third party in connection with our performance, or contemplated performance, of the Contract or any of Our Services or otherwise in connection with any instruction from you or any Authorised Person.
24. RESPONSIBILITY FOR LOSSES
You shall be responsible for any losses, expenses or other costs incurred by us, our Group, affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages (whether direct or indirect), judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) which result from your breach of these Terms and Conditions, including, without limitation, any use of the XE B2B Platform content or Our Services other than as expressly authorised in these Terms and Conditions or your use of any information obtained from the Xe B2B Platform, or your negligence, fraud or wilful misconduct.
25. DISCLAIMER OF WARRANTIES
25.1 You must not misuse the Xe B2B Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically You must not attempt to gain unauthorised access to the Xe B2B Platform, the server on which the Xe B2B Platform is stored or any server, computer or database connected to the Xe B2B Platform. You must not attack the Xe B2B Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the communications, multimedia, cybersecurity, cybercrime, computer misuse or computer crimes and other applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Xe B2B Platform will cease immediately.
25.2 Your use of the Xe B2B Platform, its content and Our Services is at your own risk. Insofar as is permitted in law: (a) the Xe B2B Platform, its content and Our Services obtained through the Xe B2B
Platform are provided on an “as is” and “as available” basis, without any representations, warranties or guarantees of any kind, either expressed or implied; and (b) neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, timeliness or availability of the Xe B2B Platform. Without prejudice to the foregoing, except to the extent required by law, neither we nor anyone associated with us represents or warrants that the Xe B2B Platform, its content or any services or items obtained through the Xe B2B Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Xe B2B Platform or the server(s) that makes it available are free of viruses or other harmful components or that the Xe B2B Platform or any services or items obtained through the Xe B2B Platform will otherwise meet your needs or expectations. By means of this clause 25.2, we hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
26. CUSTOMER SERVICE
26.1 We value all our customers and take our obligations seriously. You may contact our customer service team in relation to Our Services and Xe B2B Platform by telephone on 1800 88 2077, or by email to: MY_ firstname.lastname@example.org or by post to Ria Customer Service, East High Zone, Unit 38-02, Level 38, Q Sentral 2A, Jalan Stesen Sentral 2, Kuala Lumpur Sentral, 50470 Kuala Lumpur.
26.2 We have established internal procedures for investigating any complaint that may be made against In accordance with our complaints procedure, any complaint you may make must be made by telephone to 1800 88 2077, or by email to: MY_support@riamoneytransfer.com
26.3 If you would like further details of our complaints policy refer to the Complaints Policy on the Xe B2B If you are still dissatisfied following our response to any complaint, you have a right to refer your complaint to the Bank Negara Malaysia (“BNM”) at 1300 88 5465 or through BNM’s eLINK web form at: https://telelink.bnm.gov.my/
27. GEOGRAPHIC RESTRICTIONS
We provide the Xe B2B Platform for use only in Malaysia. We make no claims that the Xe B2B Platform or any of its content is accessible or appropriate outside of Malaysia. Access to the Xe B2B Platform may not be legal if accessed by certain persons or in certain countries.
28. APPLICABLE LAW, JURISDICTION & LANGUAGE
28.1 These Terms and Conditions, its subject matter and its formation, are governed by Malaysian laws, with the exception of its conflict of law
28.2 You and we both agree that the courts in Malaysia will have exclusive jurisdiction over any disputes.
We, at our discretion, may provide you with translation of the English version of these Terms and
28.3 You and we both agree that the translation is only for your convenience and does not form part of the agreement. The English version of these Terms and Condition shall be the only version that govern the provision of Our Services to you.
29. THIRD PARTY RIGHTS
A third party who is not a party to this agreement will not have any rights to enforce any provision of these Terms and Conditions. This means that only you and we (including Our Group) have any rights, obligations or privileges under these Terms and Conditions.
If any court of competent jurisdiction finds that any part of these Terms and Conditions is invalid, unlawful or unenforceable for any reason, those parts shall be deleted from these Terms and Conditions and no-one other than you or we can enforce any of the terms or take any action on remaining parts of these Terms and Conditions in force. This will not affect the validity of the remaining parts which will continue to be binding on you and us.
31. NO WAIVER
No failure to enforce or delay in enforcing any right or remedy available to you or us under these Terms and Conditions (including as provided for in these Terms and Conditions or otherwise available under Malaysian laws) will mean that you or we cannot exercise any such right or remedy at a later date.
32.1 You may not assign, transfer, charge or dispose of these Terms and Conditions or any of your obligations, rights or privileges under these Terms and Conditions to any other person at any time without our prior consent in writing.
32.2 We may assign, transfer, charge or dispose of these Terms and Conditions in whole or in part or any of our obligations, rights or privileges to any other person at any time (including to any affiliates in Our Group), but we will take appropriate steps to try to ensure that doing so will not harm any of your rights under these Terms and Conditions.
33. ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between you and us and supersede any prior agreements (whether written or oral) which may exist between you and us. Nothing in this clause 32 will exclude any liability which you or we would otherwise have to the other in respect of any statements made fraudulently.
The name(s) Xe Business Money Transfer, Xe, Ria, Ria Financial, Ria Money Transfer, IME, Euronet Worldwide, Inc., Euronet and Continental Exchange Solutions and all related names, logos, names of products and services, designs and related slogans are registered trademarks belonging to us,
Our Group, or its subsidiaries or other license holders (as the case may be). You may not use these trademarks, names, logos or slogans or without our prior written consent. All other names, trademarks and signs shall be used exclusively for identification purposes and they are registered trademarks of their respective owners.
35. NO JOINT VENTURE, AGENCY OR PARTNERSHIP
Nothing in these Terms and Conditions or in a Contract is intended to create any joint venture, agency or partnership relationship between you and us at any time. Neither you nor we shall have any authority to act as agent for or to bind the other one of you or us at any time in any way.
In the event of any conflict between any terms or conditions in any other documentation or materials provided to you by us at any time pursuant to the Contract, unless expressly stated otherwise in such documentation or materials, these Terms and Conditions shall always prevail.