Terms of Service
CONTRACT FORMATION AND OVERVIEW
- These Terms and Conditions regulate your access to and use of the site or App, whether for Topremit or Topremit for Business and will take effect when you first register and use the Service. When there are changes to these Terms and Conditions, it will be informed to you and it will not affect the terms of service you previously used.
- This Terms of Service will be in effect the first time you access, register, or use the service, this Terms of Service will be changed time to time, however the relevant changes will only be effective 2 (two) weeks since the terms of service is being notified by you.
- The terms "Topremit", "we," "us,", and "our," in these Terms and Conditions refers to Topremit an Indonesian non-bank Financial Institution authorised by Bank Indonesia to conduct money transfer business under the license number 11/11/MDN/1. Topremit is given License by Bank Indonesia as a Payment Service Provider.
- The terms "you" and "your" refers to Topremit members, senders, and visitors to the site and App in these Terms and Conditions.
- We developed our service to make it easier for customers to send and receive money from all over the world. Customers can also use Mobile Top Up to credit their mobile phone accounts. We recommend that you only send money or Mobile Top Up to people you know for security reasons. All the fees displayed and charged to you are set regarding fairness and law principles.
- The sender is the person with whom we have a contract. We have no responsibilities to anyone else, including the person to whom the sender sends payments or the beneficiary. If you are unsatisfied with the service, please contact our customer support team. A representative will respond to your issues promptly.
- Please note that we will try our best to send your fund on time and not to impose any other expense on you. However in some situation, there may be delays which may be caused by:
- Our Anti Money Laundering and Counter Terrorism Financing effort;
- In some situations when there is recall of your transaction instruction;
- When you made payment after our cut off time;
- Downtime caused by our partners, internal, payout channel, or other relevant parties
- Incorrect information when you submit transaction details and;
- The day we do not operate (e.g., on holiday).
- You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions. For now, we only serve money remittance from Indonesia to other countries.
- While we will make every effort to offer access to the site, we cannot guarantee that access will not be stopped due to technical or other unforeseen issues.
- For compliance purposes, we may not process or refuse any particular Transaction Request or to impose limits on the Transaction Amount and we will promptly notify you.
- We will process Transactions promptly, but some Transactions may be delayed or cancelled as a result of our efforts to verify your identification, contact you, change in the business hours, or other legal requirements.
- We may send transaction related notifications via email, messaging, or any other relevant communication ways. We will also provide senders with up-to-date information on our website or apps.
- 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.
- You will not misrepresent your relation to a person or entity, commit fraud or attempt to hide your identity.
- You agreed to pay us the Service Fee in addition to the Transaction Amount for each Transaction Request you submit. Unless otherwise stated in these Terms and Conditions, the Service Fee is refundable. Some cases where the fund is non-refundable might be because When you ask for a recall of your fund transfer request after the fund has been processed in the destination country or disbursed to the beneficiary. In this case, we will try to recall your fund transfer request only on the best effort basis.
- 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, debit card, (d) any other identification documents that we may require.
- 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. We will, however, try our best to help you in regard to the transaction on a best effort basis.
- You and the Recipient will both act solely for your own purposes. You may not send or receive an Instruction or a Transaction on behalf of a third party. If you want to do so, you must first notify us and give any further information about the third party in order for the Instruction or Transaction to be permitted.
- You may not act as a remittance company or provide remittance services when using the services of PT. Top Remit. If you want to do so, you must have a remittance license.
- You should comply with these Terms and Conditions as well as any applicable laws, rules, or regulations when using the Service. Using the Service to send Transactions Amounts to a Payee who has violated the Terms and Conditions or in connection with illegal activity including but not limited to money laundering, fraud, and the funding of terrorist organizations is prohibited.
- 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 provide to us, including proof of identity, or refuse to cooperate in any investigation (d) use anonym proxy when using our site or the Service (a tool that attempts to make activity untraceable).
OUR RIGHT TO REFUSE, SUSPEND OR CANCEL
- For law and compliance reasons, we may reject, freeze, or suspend any Verification, Payment Request or ongoing Transaction at any time.
- In the case that we reject, freeze, or cancel a Transaction Request, Transaction, or Payment Request, we may suspend your registration temporarily or permanently.
- Where we temporarily or permanently suspend your Registration, refuse, freeze, or cancel a Transaction Request, Payment Request or Transaction in accordance, we shall be entitled to retain any Service Fees already incurred.
- In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction.
- We reserve the right, at any time and without notice, to change or terminate the Service or any part of the Service.
- We have rights to hand over your funds to the relevant authority as the relevant authority’s demand.
YOUR RIGHT TO CANCEL OR REFUNDS
- When we have received your instruction, you do not have the automatic right to cancel the transaction. We may cancel your instruction if you have informed us. However in some cases, we may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and therefore 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.
- 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 days after the date the Transaction Amount was made. A request for refund must be made in-app, and when this is not available, by email including the Sender's full name, address, phone number, transaction tracking number, transaction amount and the reason for the return.
- You understand and agree that you are responsible for any losses incurred as the 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 to fund the Transaction and in the same currency.
MOBILE TOP UP
- You agree to comply with and undertake the provisions set out in these Terms and Conditions to send Mobile Top Up.
- If you enter the wrong number, the transfer will be processed and there is no way to reclaim or redirect the Mobile Top Up once the Transaction Request has been processed by us.
- If you have questions about a longer delay, please contact our Customer Support.
- Please note that the site limits the number of Mobile Top Ups that can be performed over a specific time period (e.g., daily, weekly, monthly). Other limits and exclusions related to Mobile Top Ups or the use of the site may be applicable.
COLLECTION OF INFORMATION
- Customer Identification Program. All Financial Institutions in Indonesia are required by the AML 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.
- Verification and Checks. In order to validate your identification, we will verify your personal information. We also may need to validate the identity of a Recipient. All information you enter will be kept private and secure. By accepting these Terms and Conditions, you give us permission to conduct any necessary validation to verify the information you provide to us. You must provide honest and accurate information in response to our information request.
We, our affiliates, or third parties own the Topremit site and Service, as well as all Intellectual Property including but not limited to copyrights, patents, database rights, trademarks, and service marks.
WARRANTIES AND LIABILITY
- In case we have materially breached these Terms and Conditions, resulting in a Sender loss, we conduct best efforts to return the Transaction Amount as well as the Service Fee to the Sender.
- Any compensation claim you make must be supported by any relevant documentation you have.
- If you suffer a loss that is not covered by a claim to payment under the clause mentioned in section 1, we will only take liability for that loss up to a limit: (a) the amount of any Service 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.
- If you create a Transaction to a Payee who is not registered with us, you agree to accept these terms and conditions not only for yourself but also on behalf of the Payee.
- You agree that when completing a transaction that would otherwise have to be undertaken by Topremit under its agreement with you, no affiliate or employee of Topremit owes you any duty of care. Topremit affiliates or Employees are only the representatives of Topremit and Topremit application is conducted "as is".
- In any case, we do not accept responsibility for:
- Any failure to perform the Service (e.g., your Instruction) as a result of unusual and unforeseen events or situation, communications system failures beyond our reasonable control;
- Errors on the site or with the Service caused by you or a third party providing us with incomplete or incorrect information.
USE OF THE APP
- You agree that except as clearly stated in these Terms and Conditions or as permitted by applicable local law, you shall:
- Not duplicate the App (except if doing so is necessary for backup or operational security purposes); and
- Not rent, lease, sublicense, loan, edit, translate, merge, adapt, change or modify the App in any way.
- 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 App's features and functions serve your requirements.
- For Topremit , we only provide the App for private use, meanwhile for Topremit for Business, we only provide the app for business use. We do not suggest you to use Topremit for Business platform if you are an individual or when you use Topremit if you are a business entity. We have no liability to you for any loss for your use of Topremit or Topremit for Business if you are in breach of your obligation based on this Terms of Service.
- 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 and Conditions, considering the relevant AML Regulation.
- In relation to your use of the App, we do not in any event, to the extent permitted by law, accept responsibility for:
- 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;
- 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;
- Errors in the App or with the Service caused by incomplete or incorrect information provided to us by you or a third party; or
- Any loss or damage you suffered by you as a result of you using our Apps on a ‘jailbroken’, ‘rooted’, or otherwise modified device.
- You acknowledge that these Terms and Conditions shall be entered into digitally and that the following categories of information ("Communications") may be provided by electronic means:
- These Terms and Conditions and any amendments, modifications or supplements to it;
- Your records (e.g. of transactions) through the Service;
- Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;
- Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service; and
- Any other communication related to the Service or Topremit.
- You must promptly update us with any change in your email address and phone number (where necessary) by updating your profile at https://topremit.com.
- We may terminate these Terms and Conditions and subsequently, our service to you with immediate effect if you
- Become or we reasonably believe or become aware you are likely to become, insolvent or are declared bankrupt;
- Are in breach of any provision of these Terms and Conditions;
- Use the Service or the website in a way that is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;
- 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
- Are, in Topremit’s reasonable belief, using the Service in connection with fraudulent, illegal or unethical activity, or permitting a third party to do so.
- If you have a complaint regarding Topremit's service, please write to the address listed on the site or send an email to [email protected]
- We will acknowledge receipt of your complaint within 1 (one) business days and within 7 (seven) business days of receiving your complaint notification, we will investigate your complaint and update you with the results of our investigation.
- Governing law: This Agreement will be governed by Indonesian Law and the parties submit to the exclusive jurisdiction of the Indonesian Courts.
- No Waiver: The failure of Topremit to enforce any rights or provision of the Terms and Conditions shall not constitute a waiver of the right or provision.
- Modification: We may modify these Terms and Conditions from time to time and notify you of the changes except if it violates any law. You can review the most current version of the Terms and Conditions at any time by reviewing the site. You are not automatically subjected to any changes in these terms of services and 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 an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and Conditions and acknowledge that any attempts by you to modify these Terms and Conditions shall be void.
- Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement. By using our service you agreed that this clause would be binding as an agreement between us, you, and the payee based on Article 1338 of Indonesia’s Civil Law Code.
- Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.
- Governing Language: This Terms of Services is created using both Indonesia and English Language. 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.
- Third Party Links: Any external links to third-party websites on the website 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.
At Topremit, we take security very seriously and work hard to ensure that your information is kept safe. Topremit and Topremit for business allows you to send money and/or Mobile Top Up to friends, family, business partners, and other individuals you trust in a safe and secure online way. However, we highly advise you to think twice before transferring money to someone you don't know. Deals or offers that seem too good to be true, in particular, should be avoided as they may be scams. Please forward any emails you receive from Topremit that you feel may be "phishing" (fake) emails to our Customer Support.