Terms of Service

Contract Formation and Overview

1. These Terms of Service regulate your access to and use of the site or app of Topremit, whether using a personal or business account, and will take effect when you first register and use the service. If you do not wish to be bound by these Terms of Service, then you may not access, register and/or use the services. When there are changes to these Terms of Service, you will be notified and it will not be applied immediately.
2. These Terms of Service will be in effect the first time you access, register, or use the service. These Terms of Service will be changed from time to time. However, the relevant changes will only be effective 2 (two) weeks since the Terms of Service are being notified by you.
3. "Topremit", "we", "us", and "our" in these Terms of Service refer to Topremit, an Indonesian non-bank financial institution authorized by Bank Indonesia to conduct money transfer business under the license number 11/11/MDN/1, with its registered office located at Jl. Asia No. 23/55, Medan, 20214, Indonesia. Topremit is licensed by Bank Indonesia as a Payment Service Provider.
4. "You" and "your" refer to Topremit users and visitors to the site and app in these Terms of Service.
5. We developed our service to simplify sending and receiving money worldwide. You can also use the "Mobile Top Up" feature to top up your mobile balance. For security reasons, we recommend that you only send money or mobile top up to people you know and trust. All fees displayed and charged are set in accordance with principles of fairness and applicable law.
6. User is the individual with whom we have a contract. We have no responsibility to any other party, including the recipient. If you are dissatisfied with the service, please contact our Customer Support. We will address your issues promptly.
7. Please note that we will make every effort to send your money on time. However, in some situation, delays may occur due to the following reasons:
   1. Compliance with Anti Money Laundering and Counter Terrorism Financing regulations;
   2. In some situations when there is recall of your transaction instruction;
   3. Payment made after our cut-off time;
   4. Downtime caused by our partners, internal, payout channels, or other relevant parties;
   5. Incorrect information provided when submitting transaction details, and
   6. Days we do not operate (e.g.: holidays).

Our Obligation

1. You acknowledge that the service may not be available, in whole or in part, in certain regions, countries, or jurisdictions. Currently, we only provide money remittance services from Indonesia to other countries.
2. While we will make every effort to ensure access to the site or app, we cannot guarantee that access will not be stopped due to technical or other unforeseen issues.
3. For compliance purposes, we may not process or refuse any particular transaction, or impose limits on the transaction amount, and we will notify you promptly if this occurs.
4. We strive to process transactions promptly, but some transactions may be delayed or canceled as a result of our efforts to verify your identification, contact you, change in the business hours, or other legal requirements.
5. We may send transaction related notifications via email, messaging, or any other relevant communication ways. We will also provide up-to-date information on our site or app for users.

Your Obligation

1. To register and use our services, you must be at least 18 years old and have the legal capacity to form a binding legal contract in your respective country.
2. You will not misrepresent your relation to a person or entity, commit fraud or attempt to hide your identity.
3. You agree to pay us the service fee and other relevant fees, in addition to the transaction amount, for each transaction you make. Unless otherwise stated in these Terms of Service or in the Refund Policy, the service fee is not refundable.
4. Regarding your registration and use of our service, you must provide us with: (a) accurate information about yourself or the transaction (b) updates to your personal information if it changes (c) information about at least one valid payment instrument, such as a bank account or debit card, and (d) any other identification documents that we may require.
5. You are suggested to use Topremit only to send money to people or clients that you know and not to pay for goods or services from third parties you do not know or trust. If you continue to use the service to pay third parties for goods and services in Topremit, you accept that we have no control over and are not responsible for the quality, safety, or delivery of such products or services. However, we will try our best to help you in regard to the transaction on a best effort basis.
6. You and the recipient will both act solely for its behalf. You may not send or receive a transaction on behalf of a third party.
7. You may not act as a remittance company or provide remittance services when using the service of Topremit. If you want to do so, you must have a remittance license.
8. You must comply with these Terms of Service, as well as any applicable laws, rules, and regulations when using the service. Using the service to send transactions to a recipient who has violated the Terms of Service, or in connection with illegal activity, including but not limited to money laundering and its predicate crimes (such as IP infringement/counterfeit goods, fraud, etc) and the financing of terrorist organizations is prohibited.
9. You are obliged not to: (a) create more than one registration without our prior written permission, (b) give anyone else access to your registration details, (c) refuse to provide confirmation of any information you have provided to us, including proof of identity, or refuse to cooperate in any investigation, and (d) use anonym proxy or any tool designed to make your activity untraceable while using our site or app.

Our Right to Refuse, Freeze, Suspend or Cancel

1. For law and compliance reasons, we may reject, freeze, or suspend any verification, transaction request, payment request, or ongoing transaction at any time.
2. In the case that we reject, freeze, or cancel a transaction request, transaction, or payment request, we may suspend your registration temporarily or permanently.
3. Where we temporarily or permanently suspend your account, or refuse, freeze, or cancel a transaction request, payment request, or a transaction in accordance, we are entitled to retain any service fees already incurred.
4. In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence regarding the purpose of a transaction.
5. We reserve the right, at any time and without notice, to change or terminate the service or any part of the service.
6. We have rights to hand over your funds to the relevant authority as the relevant authority’s demand.

Your Right to Cancel or Refund

1. When we have received your instruction, you do not have the automatic right to cancel the transaction. We may cancel your instruction if you inform us. However, in some cases, we may have initiated an irreversible request for the money to be paid out to your recipient by a Service Provider, and therefore, we cannot guarantee cancellation will be successful. We also have the right to either process or cancel your transaction, and you may be charged a reasonable cancellation service fee.
2. If you experience any difficulties while using the service or become aware of any unlawful completed transactions, please report us as soon as possible and no later than 7 (seven) days after the date of the transaction was made. A request for refund must be made in app, and when this is not available, by email. Include the user's full name, address, phone number, transaction tracking number, transaction amount and the refund reason.
3. You understand and agree that you are responsible for any losses incurred as a result of an unauthorized transaction, instruction, or any other use of the service in which you have acted fraudulently or negligently. You also agree to hold Topremit and its related party harmless from any and all losses, actions, or claims. We will, However, make reasonable steps to recover the funds if you act negligently and we may charge you a reasonable fee. Any refunds will be credited back to the same payment instrument used for the transaction and in the same currency.

Mobile Top Up

1. You agree to comply with and undertake the provisions set out in these Terms of Service to send mobile top up.
2. If you enter the wrong number, the transfer will be processed and there is no way to reclaim or redirect the instruction once the top up request has been processed by us.
3. If you have questions about a longer delay, please contact our Customer Support.
4. Please note that the site limits the number of Mobile Top Up instructions that can be performed over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to Mobile Top Up or the use of the site and app may be applicable.

Collection Information

1. Customer Identification Program. All Financial Institutions in Indonesia are required by the AML (Anti-Money Laundering) regulation to cooperate in the fight against money laundering and terrorist financing by gathering and confirming identifying information about all customers. This is also clearly stated in our Anti-Money Laundering Policy. As a result, we may legally seek information about you and the recipient from other sources.
2. Verification and Checks. In order to validate your identification, we will verify your personal information. We also may need to validate the identity of the recipient. All information you provide will be kept private and secure. By accepting these Terms of Service, you give us permission to conduct any necessary validation to verify the information you provide to us. You must provide truthful and accurate information in response to our information request.
3. Data Privacy Policy. You agree that we may use your personal information for the purposes of verification. You also agree to us using your data to communicate with you, as well as for statutory, accounting, and archival purposes, in line with Topremit's Privacy Policy. You accept that you have read Topremit's Privacy Policy and that you have given your agreement to it.
4. Government Disclosures. As described in our Data Privacy Policy, we may be obliged by law to share information about you, your use of the service, and your instructions to government or other competent authorities. You acknowledge and consent to us doing this. Kindly note that we would not share your information other than the reason as explained in these Terms of Service.

Intellectual Property

Warranties and Liability

1. In case we have materially breached these Terms of Service, resulting in a user loss, we will make our best efforts to return the transaction amount as well as the service fee to the user.
2. Any compensation claim you make must be supported by any relevant documentation you have.
3. If you suffer a loss that is not covered by a claim for payment under the clause mentioned in Section 2, we will only take liability for that loss up to a limit: (a) the amount of any fee, and (b) up to IDR 1,000,000, unless we agree in writing otherwise. The cap on our liability only limits a claim for loss arising out of any single transaction or series of related transactions. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated transactions, you might be able to claim up to IDR 2,000,000.
4. In processing your transaction, we have no control to, and understandably, shall not be held liable for:
   1. Any failure to perform the service (e.g., your instructions) as a result of unusual or unforeseen events, communication system failures beyond our control;
   2. Errors on the site, app, or service caused by you or third parties providing incomplete or incorrect information to us.
5. You agree that when completing transactions that Topremit is supposed to perform under its agreement with you, no affiliate or employee of Topremit is providing any services to you with duty of care. Affiliates or employees of Topremit act solely as representatives of Topremit, and the Topremit is provided on an "as-is" basis.

Use of The App

1. We provide you a non-transferable, non-exclusive license to use the site or app in consideration for your agreement to abide by these Terms of Service, our Privacy Policy and the applicable app-store terms (included into these Terms of Service by reference), as changed from time to time. All rights are reserved by us.
2. You agree that, except as clearly stated in these Terms of Service or as permitted by applicable local law, you shall:
   1. Not duplicate the site or app (except if doing so is necessary for backup or operational security purposes); and
   2. Not rent, lease, sublicense, loan, edit, translate, merge, adapt, change or modify the site or app in any way.
3. You understand that the website and app was not created to fit your individual needs. There are no conditions, warranties or other terms of any kind are given in respect of it. You should review and ensure that the site or app features and functions serve your requirements.
4. Specifically, but without limitation, we do not accept any liability for loss or damages to you or any third party resulting from any delay in us processing an instruction or refusal by us to execute a transaction which is being reasonably done pursuant to these Terms of Service, considering the relevant AML CFT regulation.
5. In order to fulfill regulations from Bank Indonesia, we’re obliged to refund any fund which you’ve placed temporarily in PT Top Remit if there’s no usage in your account. All fees relating to the refund will be your responsibility.
6. When opening your account, you’re obliged to approve this withdrawal rules.
7. Refund will be made to your primary bank account, any loss where the fund is not received or mistakenly sent caused by your mistakes or problem in your account is, reasonably, not part of our responsibility. However, we will continue to make reasonable efforts to assist you in this regard
8. We can only make a refund if the nominal amount you temporarily placed is above IDR 10,000 (ten thousand rupiah).
9. In relation to your use of the site or app, we do not in any event, to the extent permitted by law, accept responsibility for:
   1. Any failure to perform the services or any losses or delays in the transmission of messages, due to circumstances outside our control or due to our obligations under any applicable laws, rules or regulations;
   2. Malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages we send to one another;
   3. Errors in the site or app or with the service caused by incomplete or incorrect information provided to us by you or a third party; or
   4. Any loss or damage you incur as a result of using our site or app on a ‘jailbroken’, ‘rooted’ or otherwise modified device.

Electronic Communications

1. You acknowledge that these Terms of Service are entered into electronically and that the following types of information ("Communications") may be provided by electronic means:
   1. These Terms of Service, including any amendments, modifications or supplements;
   2. Your records (e.g. of transactions) through the service;
   3. Any initial, periodic, or other disclosures, or notices provided in connection with the service, including but not limited to those required by law;
   4. Any Customer Support communications, including but not limited to communications regarding claims of error or unauthorized use of the service; and
   5. Any other communication related to the service of Topremit.
2. You must promptly update us with any change in your email address and phone number when necessary by updating your profile at https://www.topremit.com.
3. In order to provide the best service to you, identity verification and transaction inquiries may be conducted every day, including but not limited to public holidays. Therefore, you consent us to contact you when necessary. If you do not wish to be contacted, please inform us by contacting our Customer Support.

Termination

1. We may terminate these Terms of Service and subsequently our service to you with immediate effect if you:
   1. Become or we reasonably believe or become aware you are likely to become, insolvent or are declared bankrupt;
   2. Are in breach of any provision of these Terms of Service;
   3. Use the service in a way that disrupts our other customers or engage in any activity that, in our opinion, is likely to bring us into disrepute;
   4. Breach or attempt to breach the security of the site (including but not limited to: modifying or attempting to modify any information; unauthorized log-ins, unauthorized data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way); or
   5. Are reasonably believed by Topremit to be using the service in connection with fraudulent, illegal or unethical activity, or permitting a third party to do so.
2. You are able to close your account on our website or application. Things to note before closing your account:
   1. Any voucher, TR Coins, and Affiliate balance will be forfeited (if any).
   2. There shall be no transactions refunds, or withdrawal in progress.
   3. Closing one account (personal/business) will not affect the status of other accounts.
   4. Accounts that have been closed and have a transaction history can be reactivated at least 7 (seven) working days after the date of account closure.

Complaints

1. If you have a question or complaints regarding Topremit's service, please write to the address listed on the site or send an email to [email protected].
2. We will acknowledge receipt of your question or complaint within 1 (one) business day and within 5 (five) to 20 (twenty) business days of receiving your complaint, we will investigate and resolve or update you with the results of our investigation.

General

1. Governing Law: This agreement will be governed by Indonesian law and the parties submit to the exclusive jurisdiction of the Indonesian courts.
2. No Waiver: The failure of Topremit to enforce any rights or provision within the Terms of Service shall not constitute a waiver of the right or provision.
3. Modification: We may modify these Terms of Service from time to time and will notify you of the changes unless such modification violate any law. You can review the most current version of the Terms of Service at any time by visiting our site. You are not automatically subject to any changes in these Terms of Services and you may terminate your use of the service if you do not agree with any modification or amendment. However, if you use the service after the effective date of modification or amendment, you shall be deemed to have accepted that modification or amendment. You agree that you shall not modify these Terms of Service and acknowledge that any attempts to do so will be considered void.
4. Entire Agreement: Unless specifically agreed otherwise, upon by mutual consent, this agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements related to the subject matter of this agreement. By using our service, you agree that this clause would be binding as an agreement between us, you, and the recipient based on Article 1338 of Indonesia’s Civil Law Code.
5. Severability: If any provision of the Terms of Service is found to be invalid by an arbitrator or court of competent jurisdiction, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Terms of Service as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect.
6. Governing Language: These Terms of Services are created using both Indonesian and English. The governing language of these Terms of Services is English. Therefore, when there is conflict between both languages, the English version will prevail and all inconsistencies between both versions of the referred interpretation will be English.
7. Third Party Links: Any external links to third-party sites on the site are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.
8. Intellectual Property Rights: By using our service, we grant you the right to use the service in accordance with these Terms of Service, and for no other purpose. Please note that the elements of the site or app, including all parts of the service (“Intellectual Property”) is owned by us and/or our suppliers (if applicable) and is protected by copyright and trademark laws in relevant jurisdiction and international treaty provisions, and these Terms of Use.

Security