THE USE OF MERCHANTRADE ASIA SDN BHD (Company No: 410591-T) (MERCHANTRADE)’S eForex SERVICES ARE SUBJECT TO THIS e-forex End-User Agreement (‘THIS AGREEMENT’) WHICH DESCRIBES YOUR RIGHTS AND OBLIGATIONS AS A USER AND MERCHANTRADE’S RIGHTS AND OBLIGATIONS. PLEASE READ THIS AGREEMENT CAREFULLY. BY REQUESTING AND/OR USING THIS eForex SERVICES YOU ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
(a) Access the User’s Account to carry out money exchange transaction.
(b) Initiate change in address, view previous transaction records and ascertain status of current transaction.
(c) Perform such other acts as permitted by eForex System from time to time.
(a) reference to a particular gender shall be deemed to include a reference to the other gender.
(b) reference to singular shall include the plural and vice versa.
(c) reference to word “include” or “including”, wherever appearing in these Terms shall be read as if the word “without limitation“ is inserted thereafter.
(a) Premium Delivery Service subscribed by the User through the eForex System where the Service Charge shall be deemed forfeited in the event of unsuccesful delivery of the purchased Foreign Currency due to an act or omission of the User.
(b) Purchase of Foreign Currency which remains uncollected by the User for more than fourty five (45) days from the intended collection date for purchased Foreign Currency.
(c) Change to Branch Collection location for collection of purchased Foreign Currency at User’s request.
(d) Change to the collection date for purchased Foreign Currency at User’s request.
(e) Request made by the User for an early collection of the purchased Foreign Currency via Branch Collection or Premium Delivery Service subject to the availibility of such services.
(f) Request made by the User on the User’s prefered denomination for the purchased Foreign Currency subject to availibility of such denomination.
(a) the User shall refund any amount of Foreign Currency in excess of the purchased Foreign Currency as per order receipt upon demand by Merchantrade within fourteen (14) days from the order receipt.
(b) if the User is unable to receive the purchased Foreign Currency on first instance by way of Premium Delivery Service due to the User’s default and if the User requests for a subsequent Premium Delivery Service, the User shall be subject to the Service Charge for each Premium Delivery Service by Merchantrade at its sole discretion.
(c) the User shall adhere to such requirements, process and procedure stipulated in the eForex System for the Services.
(d) for Branch Collection/Premium Delivery Service made by/to any other persons other than the User, then the User shall furnish Merchantrade with necessary details of such recipient through the eForex System. Merchantrade reserves the right to refuse collection of the purchased Foreign Currency by any person other than the User without assigning any reason thereto. User is not entitled to nominate any person to collect/receive Foreign Currency purchased unless:- (i) the amount transacted is equivalent to RM20,000 and below; and (ii) the User has been cleared of Customer Due Diligence requirements imposed by Merchantrade.
(e) Merchantrade reserves sole and absolute discretion to determine and impose limits for the transactions performed through eForex System whether in amount, frequency or otherwise e-Forex End-User Agreement in accordance to the Applicable Laws and that Merchantrade reserves absolute rights to vary such limitations subject to requirements/amendments to the Applicable Laws.
(f) Merchantrade may restrict, decline or refuse User’s request for carrying out Transaction at any time at Merchantrade’s sole discretion without assigning any reasons thereto.
(g) Merchantrade shall only comply to the laws of Malaysia for the implementation and/or use of the Services.
(h)the User must specify in the relevant column/field provided in the eForex System, the User’s source of fund and purpose of each Transaction.
(i) Merchantrade may rely on the registration information provided by the User to Merchantrade. Any errors in the information provided by the User for the Transaction shall be at the User’s sole responsibility and risk. The User undertakes to hold Merchantrade harmless from all losses and damages arising from any Merchantrade’s act or omission in reliance upon any such erroneous information.
(j) without limitation, the User must maintain an internet banking facilities account with FPX participating local bank(s) in Malaysia to use this Service.
(k) the Rate Alert and Travel Reminder features are provided on reasonable effort basis. Merchantrade will not be liable for any Loss arising from failure of Rate Alert and Travel Reminder functions whether or not such failure results from Merchantrade’s or any other parties willful default, negligence or mistake.
(l) in addition to these Terms, the Services is subject to availability of FPX services. FPX is a separate legal entity and use of FPX services is subject to terms, requirements and restrictions imposed by FPX, and charges FPX imposes on the User. Merchantrade is neither liable nor responsible for any Loss incurred by the User or any other person arising from the User’s use of the FPX services. User shall ascertain and update himself of such applicable terms, requirements and restrictions imposed by FPX.
(m) all charges imposed by FPX pursuant to any Transaction initiated by the User pursuant to or incidental to these Terms shall be borne by User.
(n) the currency and/or currency denominations requested by User through the eForex System is subject to availability of such currency and/or currency denominations by Merchantrade and the Applicable Laws.
(a) use the Services in any way which will deprive other User(s) of their legitimate right to use the Services.
(b) use the Website for unlawful purposes in any jurisdiction or in breach of these Terms.
(c) use the Services for any unlawful or illegal activity or in breach of any Applicable Laws.
(d) modify, copy, distribute, reproduce, transmit, display, perform, publish, upload, post, license, create derivative works from, transfer or sell any information, designs, logos, trademarks, software or services obtained from the Website.
(e) post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information or statement of any kind without limitation, any information or statement constituting or encouraging conduct that would tantamount to criminal offence, give rise to civil liability and/or violates any Applicable Laws.
(f) post or transmit any messages that amount to advertising material, touting or sale of, or offer to sell, any product or service.
(g) transmit or disseminate advertising material, chain letters, spam, junk mail or other type of unsolicited messages.
(h) post or transmit or disseminate viruses, worms, Trojan horses or other harmful, disruptive or destructive files.
(i) post, publish, transmit, reproduce, distribute, or in any way exploit any information, software or other material obtained from or through the Website for commercial purposes.
(j) attempt to decompile or reverse engineer any software available in the Website.
(k) attempt to hack into the Website or otherwise attempt to subvert any firewall or other security measure of the Website.
(a) User’s inability to perform any of the transactions due to limits set by Merchantrade from time to time; or
(b) any intrusion or attack by any person or party on any hardware, software, the eForex System through the internet, mobile, tablet devices and/or such other electronic devices (capable of supporting the eForex Services application) including but not limited to viruses, Trojan Horses, malware and /or macros or other harmful components or disabling devices that may suspend, disrupt or disable the eForex System or any part thereof.