Terms of Services of TrueMoney

These Terms of Services of TrueMoney (hereinafter called as the “Terms of Services”) is an agreement between True Money Company Limited, having its head office located at No. 101 True Digital Park, Phoenix Building, 7th - 8th Floor, Sukhumvit Road, Bangchak Sub-District, Phra Khanong District, Bangkok, Thailand.(hereinafter called as the “Company”) of the one part; and TrueMoney customer (hereinafter called as the “Customer”) of the other part; for the use of TrueMoney services (hereinafter called as the “Service(s)”). In this regard, the Customer can conduct the financial transaction by using the Company’s electronic money (hereinafter called as the “Money”), credit card, debit card, electronic card or loan credit account bound to the Customer’s TrueMoney Account, including top-up, pay, transfer and withdraw via TrueMoney application, (hereinafter called as the “Application”) or via the Company’s Prepaid Card, such as TrueMoney Mastercard, True Mastercard or any other cards jointly issued by the Company and any other juristic persons. The Customer has the duty to thoroughly make understanding before using the Services, and to observe the Terms of Services regularly. If there is any question regarding the Services, the Customer can contact TrueMoney Customer Care 1240, or any other channels as specified by the Company.

1. General Provisions

1.1 The Customer agrees to comply and be bound by these Terms of Services. The use of Services shall be deemed as the acceptance of these Terms of Services. The Company may make amendment or addition to these Terms of Services, at any time by notifying the Customer. Additionally, by using the Services after the amendment or addition shall be deemed as the acceptance of such amendment or addition for each time.

1.2 Unless otherwise notified or specified, any new characteristic amended, added or improved on the Services shall be under these Terms of Services.

1.3 At any time, the Company reserves the right to improve or cancel the Services or any part of the Services, whether temporarily or permanently, upon prior notice by the Company. However, such suspension or cancellation shall not affect any debt that the Customer owes to the Company and shall not prejudice any right or responsibility between the Company and the Customer which incurs or has incurred before the date of such suspension or cancellation.

2. General Use of Service

2.1 In applying for the use of Services, the Customer must open TrueMoney Account (hereinafter called as the “TrueMoney Account”) for conducting the transactions in connection with the use of Services. In this regard, the Customer must perform as follows:

2.1.1 The Customer holding Thai nationality must fill in his/her name, family name, email, mobile phone number, address, occupation, workplace, date-month-year of birth and the identification card number, as well as, any other information as specified or to be specified further by the Company in compliance with the Company’s purpose of providing Service and/or the relevant laws.

2.1.2 The Customer holding any nationalities other than Thai (hereinafter called as the “Foreign Customer”) must fill in the type of visa for residing in Thailand, place of residence in Thailand, electronic signature, copy of passport having validity period of more than 6 (six) months, as well as, any other information as specified or to be specified further by the Company in compliance with the Company’s purpose of providing Service and/or the relevant laws.

Upon the Customer having filled in the information above, the Customer must set letter, character, number, sound, symbol or biometric data as specified by the Company (hereinafter called as the “Password”). The Password can be changed thereafter by himself/herself in accordance with the Company’s terms and conditions.

2.2 The Company reserves the right to refuse the opening of the use of Services, provision of Services and/or transaction conduction with the Customer, who conceals the true name or uses fictitious name, or upon the Company having detected that the Customer’s registered name is not true, correct and be present. The Company reserves the right to provide certain type of Service to certain type of Customer as specified by the Company. In addition, the Company reserves the right to refuse the opening of the use of Services, provision of Services and/or transaction conduction with the Customer, who has age, nationality,place of residence or some occupations as specified by the Company. In this regard, the Customer agrees and accepts that the consideration and approval of the application for the use of Services and provision of certain type of Service shall be in the sole discretion of the Company.

2.3 The Customer shall keep the Password and the information used in the application for the use of Services in private and confidential, and shall not disclose or do any action which may make any other person know the Password and/or such information. The Customer agrees that any transaction, which has been conducted using the Customer’s Password, shall be deemed as the Customer’s own action in all respects. In this regard, the Company shall not be responsible for any damage occurring from any transaction conducted under the Customer’s TrueMoney Account due to the use of such Password.

2.4 In case the Customer uses the Password for conducting and completion of any transaction in connection with the use of Services, then, the Customer shall agree that it cannot cancel, revoke, change or amend such transaction, and in which the Customer shall be bound in accordance with such transaction in all respects.

2.5 The Customer can use the Password for the Services of payment for the price of goods and/or service fees, as well as, for conducting financial and banking transactions and/or any other transactions in which the Company may expand the scope of service provision in the future.

In this regard, if the Customer is the Foreign Customer, the Customer can check eligible Services of payment for the price of goods and/or service fees, as well as, financial and banking transaction and/or any other transactions at http://www.truemoney.com/foreigner.

2.6 The Customer acknowledges that, in using the Services, if the Password has been entered consecutively for number of times more than those as specified by the Company, then, the Company shall immediately suspend the use of Service. The Customer shall be able to use the Services upon notifying the Company of its intentions to request for new Password in accordance with the method as specified by the Company.

2.7 In case the Customer forgot the Password or wishes to change the Password for any reason whatsoever, in such case, the Customer shall immediately notify the Company in accordance with the method as specified by the Company. However, the action above shall not affect any transaction already conducted prior to the notification to the Company.

2.8 The Customer agrees to pay the Services fees at the rates as specified by the Company. In this regard, the Customer can check fee rates at http://www.truemoney.com/rates/. The Company reserves the right to change the fee rates at any time upon prior notice by the Company.

In the event that the Customer has to pay any Service fees to the Company as aforementioned, the Customer hereby allows the Company to deduct such Service fees on the due date immediately and the Customer agrees to maintain the balance of Money in the Customer’s TrueMoney Account to be sufficient for such deduction. When the Company has completely received Services fees, the Company will send relevant e-Tax Invoice/e-Receipt to the Customer, as an evidence of such Services fees’ receipt, by sending such document(s) through Inbox channel on Application or any other channel as specified by the Company.

2.9 In addition to the balance in the Customer’s TrueMoney Account, the Customer shall be able to conduct financial transactions via other source of fund by binding the Customer’s TrueMoney Account to such other source of fund as specified by the Company (hereinafter called as the “Source of Funds”), including but not limited to credit card, debit card, electronic card, bank account (automatically money deduction from bank account or direct debit), loan credit and etc. In this regard, the terms of service for each Source of Funds shall be as specified in Clause 4 of these Terms of Services including any specific term to be specified by the Company in the future.

2.10 In order to make payment for Digital Goods and Services through Application ("Digital Services Payment Setting"), the Customer can set up the system pursuant to the procedures and methods specified by the Company. Regarding the Digital Services Payment Setting, the Customer can set up the system to make payment in accordance with the following conditions; (a) the terms of Payment Priority Service or; (b) deduction from Money in Customer’s TrueMoney Account or; (c) other methods in which might be provided by the Company in the future.

In this regard, the Company reserves the rights to set up the Digital Services Payment Setting for Customer, by preliminary setting up the system to deduct from Money in Customer’s TrueMoney Account. The Customer shall be able to change such Digital Services Payment Setting by himself/herself thereafter pursuant to the procedures and methods specified by the Company.

“Digital Goods and Services” means goods and/or services that sellers and/or service providers sell and/or provide through online channels, including but not limited to Google Play, Netflix, 7Delivery. In this regard, the Customer can check for more examples of online channels at https://www.truemoney.com/payment-priority/

2.11 The Customer can conduct the payment transaction for price of goods and/or services at the amount not less than the minimum amount or exceed the maximum amount per transaction, per day, and per month as stipulated by the Company. The Customer shall be able to examine such limitation at https://www.truemoney.com/limitpayment/terms-conditions-en. In this regard, the Company shall be entitled to modify such limitation at any time by giving prior notice to the Customer.

2.12 For Customer holding Thai nationality, in addition to Clause 2.11 above, the Customer can use the payment service for price of goods and/or services, including conducting financial transaction through the Customer’s TrueMoney Account not exceeding the specified amount per transaction, per day, and per month, subject to the level of identity verification shown in “Account” section on Application.

For Foreign Customer, in addition to Clause 2.11 above, the Customer can use the payment service for price of goods and/or services, including conducting financial transaction through the Customer’s TrueMoney Account not exceeding the specified amount per transaction, per day, and per month, subject to the level of identity verification submitted to the Company.

The Customer shall be able to examine such limitation from https://support.truemoney.com/knowledge-base/credit_limit/. However, the Company is entitled to modify such limitation at any time by giving prior notice to the Customer.

2.13 The Company reserves the right to refuse the transaction conduction of payment or collection for price of goods and/or service fees as follows:

2.13.1 Payment or collection for price of goods and/or service fees on behalf of any other juristic person or person; or

2.13.2 Payment or collection for price of goods and/or service fees of some types, which the service has been suspended and there is signal line connection fee; or

2.13.3 Payment or collection for price of goods and/or service fees of some types, which have outstanding debt and overdue; or

2.13.4 Payment or collection for price of goods and/or service fees of some types, which is partly paid; or

2.13.5 Payment or collection for price of goods and/or service fees, which is contrary to the law or good morals, the requirements of the electronic card network service provider or any other conditions as specified by the Company; or

2.13.6 Payment or collection for price of goods and/or service fees, which exceeds the number of transactions per month as specified by the Company.

In this regard, the terms of payment for the price of goods and/or service fees shall be in accordance with the requirements set by each seller and/or service provider.

2.14 In the occurrence of any mistake in deducting and/or transferring money into the Customer's TrueMoney Account is caused by the Company, the Customer allows the Company to correct such mistake, including but not limited to deduct from and/or transfer the money to such Account, provided that the Company shall notify the Customer in advance of such cause and wrong amount. In addition, if the aforesaid mistake has caused the Company to advance any money for the Customer, the Customer agrees to reimburse the Company in full. In this case, if the Company found that the balance in the Customer's TrueMoney Account is not sufficient for deduction in order to correct such mistake according to this Clause, the Company shall be entitled to suspend the Services provided to such Customer until the Customer's TrueMoney Account has sufficient balance, and the Company has deducted money from such Customer’s TrueMoney Account.

In the occurrence of any mistake in deducting and/or transferring money into the Customer’s TrueMoney Account is not caused by the Company, the Customer shall investigate and request or refund such money directly to the claimant of the Customer. Additionally, if the Customer has any defense and/or claim over such money, the Customer shall proceed for such defense and/or claim with the claimant of the Customer by himself/herself.

2.15 The Company reserves the right to temporarily hold Money in the Customer’s TrueMoney Account, as the Company deems appropriate, for investigation in case that the Company has found or has been aware of the following circumstances:

2.15.1 In the event that the Company has reasonable evidence to believe that the Money has been remitted into the Customer’s TrueMoney Account due to other Customer’s mistake; or

2.15.2 In the event that the Company has reasonable ground to believe that the Money has been remitted into the Customer’s TrueMoney Account due to the Customer has committed the offense, or attempted to commit the offense as prescribed by the laws, or any other circumstance possibly causing damage to the Company or any person.

2.16 In case the Company has detected that the Money in the Customer’s TrueMoney Account is not sufficient for the payment of the price of goods and/or service fees, or the price of goods and/or service fees are lower than the minimum expenditure amount as specified by the Company, or the price of goods and/or service fees exceed the limit amount as specified by the Company for the Customer at any time, then, the Company shall be entitled to suspend the Services provided to the Customer at that time.

2.17 The Company reserves the right to suspend or terminate the Customer’s use of Services, without giving prior notice to the Customer, in case where the Company has found any of circumstances pursuant to Clause 8.2 of these Terms of Services.

2.18 According to the Anti-Money Laundering Act, B.E. 2542 including the relevant notifications and regulations being in force and effect at the present and/or to be in force and effect in the future, the Company, as electronic money business operator, has the duty to comply with the law on anti-Money laundering and the law on counter terrorism and proliferation of weapon of mass destruction financing. As such, the Customer must identify himself/herself by making registration and providing the evidence and information, and the Company shall examine, verify Customer’s identity and conduct due diligence of the evidence and information completely and correctly as required by the laws. In case the Customer fails to make the registration or provide the evidence within the specific period of time or the Company cannot verify Customer’s identity, then, the Customer allows the Company to temporarily suspend the Services or refrain from the Customer’s transaction conduction until the Customer have registered and provided the evidence completely and correctly as prescribed by the laws or by the AML Office. In this regard, in case where the Customer fails to register and provide the evidence as abovementioned within 90 (ninety) days from the date of such suspension or refrain by the Company, then, the Company shall reserve the right to terminate the Customer’s TrueMoney Account and/or take any other actions, as the Company deems appropriate.

2.19 The Company reserves the right to change the criteria for the consideration, approval and limitation of number of the TrueMoney Account per 1 (one) identification card number or passport number, as the Company deems appropriate without the need to notify the Customer about the reason.

2.20 The Customer acknowledges that the use of Service may be terminated or suspended or the Customer’s TrueMoney Account may be closed, and the Customer shall not be able to conduct any transaction with the Customer’s TrueMoney Account for the following events:

2.20.1 The Customer’s mobile phone number, registered with the Company, has been suspended. The Customer may not be able to conduct any transaction with the Customer’s TrueMoney Account until such mobile phone number suspension has been cancelled; or

2.20.2 The Customer has changed the mobile phone number registered with the Company, or has canceled the use of registered mobile phone number, or such mobile phone number, registered with the Company, has been terminated for any reason whatsoever.

For such events as abovementioned, the Customer acknowledges that the Customer must transfer Money out of the Customer’s TrueMoney Account before changing the mobile phone number, or before the suspension or termination of such mobile phone number, otherwise, the Company shall not be responsible for any damage possibly occurring to the Customer.

2.21 The Customer can find the information regarding transaction history conducted for last 3 (three) months through the Application in “History” section. Additionally, the Customer can request for such information within the period of time as specified by the Company via TrueMoney Customer Care 1240 or any other channels as specified by the Company. In this regard, the Customer shall receive the evidence of transaction via the Application in “History” section and notification from the Application which will appear on the Customer's device (Push Notification).

The evidence of transaction means the statement and any other evidence made by computer and data storage device or any other storage devices used for recording data or any other evidences as specified by the Bank of Thailand in the future. The evidence of transaction shall be deemed as confidential information in which the Customer should not disclose to third persons.

2.22 The Customer can ask for the service information and/or notify about the problems in connection with the use of Services at TrueMoney Customer Care 1240 or any other channels as specified by the Company.

3. Terms and Conditions of Using Service Regarding Money Transfer to Bank Deposit Account

3.1 The Customer shall conduct the transaction via Application, requesting for Money transfer from the Customer’s TrueMoney Account to the bank deposit account as designated by the Customer, in accordance with the procedure and methods as specified by the Company.

3.2 The Customer acknowledges and accepts that, in transferring Money from the Customer’s TrueMoney Account to the bank deposit account as designated by the Customer, the Company shall charge the fee. The Customer can check the fee rates at http://www.truemoney.com/rates/. Such fees shall be immediately deducted from the Money in the Customer’s TrueMoney Account once the Customer notifies to request for money transfer.

3.3 Subject to Clause 2.12, the amount of money transferable per transaction, per day ,and per month shall be subject to the level of identity verification of the Customer.

3.4 The Customer cannot cancel the request of money transfer.

3.5 In case the Company has detected that the amount of Money in the Customer’s TrueMoney Account is not sufficient to be transferred pursuant to the requested amount and fee of money transfer transaction, in such case, the Company shall reserve the right to suspend the Service provided to the Customer for that time.

3.6 In case of obstacle occurring to the Company’s Service provision due to the bank’s system, the Company shall automatically return the Money into the Customer’s TrueMoney Account within 3 (three) business days after receiving the notification from the bank.

3.7 In case the Customer has already sent the request for money transfer and cannot transfer the money for any reason whatsoever, in such case, the Customer acknowledges that the Company shall not refund the fee regarding such transaction, except for the failure of money transfer caused by the obstacle due to the system of Company or the bank only.

4. Terms and Conditions of Using Source of Funds on Application

4.1 The Customer must have TrueMoney Account before binding any Source of Funds to Customer’s TrueMoney Account. In this regard, the Company reserves the right to provide the Services only for certain types of Source of Funds as specified by the Company.

4.2 The Customer agrees and acknowledges that in order to facilitate the use of Services by Customer, once the Customer has bound Source of Funds to the Customer’s TrueMoney Account, the Company may access to the Customer’s Source of Funds information and display such information on Application or any other channel as specified by the Company.

In this regard, in the event that the Customer has successfully bound any Source of Funds to Customer’s TrueMoney Account, the Company shall automatically add such (newly added) Source of Funds into the last of order of payment priority under the Payment Priority Service.

4.3 The Company reserves the right to limit number of Source of Funds which the Customer shall be able to bind to the Customer’s TrueMoney Account as the followings:

In this regard, the Company reserves the right to change the limitation of number of Source of Funds’ accounts which the Customer shall be able to bind to the Customer’s TrueMoney Account with the prior notice to the Customer.

4.4 For using this Source of Funds service, the Customer has no duty to pay any Service fees to the Company. However, when the Customer binds some Source of Funds such as credit/debit card for the first time, the banks or financial institutions or the credit/debit card providers may try deducting money from the Customer’s credit/debit card and immediately refund such money to the Customer without any cost and expense.

4.5 Once the Customer has bound Source of Funds to the TrueMoney Account, if the Customer makes any payment for the price of goods and/or services through the TrueMoney Account with the said Source of Funds, the Company shall deduct the money from such Source of Funds selected by the Customer to pay for price of goods and/or services to the sellers or service providers.

4.6 The Customer shall be able to conduct the financial transaction with each type of Source of Funds for only certain type of transactions specified by the Company, and the Customer can make payment of goods and/or services fees with each type of Source of Funds only for goods and/or services of certain sellers and/or service providers designated by the Company. In this regard, for some types of Source of Funds such as credit card, debit cards, including Pay next and Pay next Extra loan accounts and other credit accounts which may occur in the future, the Company shall not allow the Customer to conduct the following transactions:

a. Credit card bill payments; and

b. Fund transfer to other TrueMoney Account (Peer to Peer).

In this regard, the Company reserves the right to change the aforesaid types of transaction, including the types of goods and/or service which are able to be paid by the Source of Funds as specified by the Company in the future.

4.7 Cancellation and Refund

In the event that the Customer wishes to cancel any successful payment transaction for price of goods and/or services, made by money deduction from the Source of Funds, the Customer has to directly contact the seller and/or service provider of such goods and/or services. The period which the Customer has to contact the seller and/or service provider is (a) for full payment : within 30 (thirty) days from the date such successful payment transaction is made and (b) for installment payment : within 7 (seven) days from the date such successful payment transaction is made.

After receipt of such notice regarding payment transaction cancellation from the seller and/or service provider, the Company shall cancel such payment transaction within 7 (seven) business days. The Company will refund the money to Source of Funds which the customer has selected as the payment channel for the price of goods and/or services payment. In the event that the Company is unable to refund the money to Source of Funds, which the Customer has selected as the payment channel for the price of goods and/or services payment such as bank account, the Customer agrees and acknowledges that the Company shall refund the money to the Customer’s TrueMoney Account within 7 (seven) working days.

However, in case that the Customer has selected other Source of Funds, other than TrueMoney Account, as the payment channel for the price of goods and/or services payment, the Customer acknowledges that the banks or financial institutions or credit/debit/electronic card providers or loan credit provider shall cancel such payment transaction within 7 (seven) to 15 (fifteen) business days, depending on the refund policy of each bank or financial institution or credit/debit/electronic card providers or loan credit provider. If the aforesaid period has lapsed, then the Customer can contact such banks or financial institutions or credit/debit/electronic card providers or loan credit provider by himself/herself.

4.8 The Customer agrees and acknowledges that the Company is merely the service provider facilitating the transaction conduction via using Source of Funds bound to the Customer’s TrueMoney Account pursuant to the Customer’s instruction. In this regard, such performance of the Company shall not be deemed as the banks or the financial institutions or credit/debit/electronic card providers or loan credit provider or the provision of such financial service.

In providing the Services by the Company, it shall not be deemed that the Company (a) provides direct money transfer service to the Customer and/or (b) acts as trustee, custodian or administrator for Customer’s money. In case of any problem arising due to the use of money in any Source of Funds bound to the Customer’s TrueMoney Account, then the Customer shall contact the banks or the financial institutions or credit/debit/electronic card providers or loan credit provider and/or solve such problem by himself/herself. The Company shall not involve in any case.

5. Terms and Conditions of Using Payment Priority Service

5.1 Upon the Customer having bound Source of Funds to the Customer’s TrueMoney Account, the Customer shall be able to prioritize Source of Funds, bound to the Customer’s TrueMoney Account such as Money in TrueMoney Account, bank account, credit/debit cards or loan credit account, on the Application or any other channel as specified by the Company.

5.2 In case that the Customer selects to use of Payment Priority Service with Digital Services Payment Setting, the Company shall use the priority which has been set by the Customer under this service as the condition for determining the order of payment from each Source of Funds, the conditions as follows:

5.2.1 In the event that the Customer has not prioritized Source of Funds, the Company shall always first deduct the Money from the Customer’s TrueMoney Account;

5.2.2 The Customer shall not be able to prioritize some certain Sources of Fund before some certain Sources of Fund. The conditions shall be as stipulated by the Company;

5.2.3 In the event that the Customer has set the priority of Source of Funds for making payment, Payment Priority Service shall select Source of Funds, having the possibility of successful money deduction, for the Customer. If there are more than one Source of Funds, having the possibility of successful money deduction, then Payment Priority Service will select Source of Funds with the first priority;

5.2.4 The Company may set the minimum amount for payment transaction with bank account (automatically money deduction from bank account or direct debit) via Payment Priority Service. In case that the price of goods and/or service fees are less than the minimum amount as set by the Company, the Customer shall receive the difference in the Customer’s TrueMoney Account which shall be added to the Customer’s TrueMoney Account balance;

5.2.5 The Customer acknowledges and agrees that if the Customer wishes to transfer such difference from the Customer’s TrueMoney Account to the bank deposit account as designated by the Customer, the Company may charge the fee; and

5.2.6 The Customer has the rights to add, cancel or rearrange the priority of each type of Source of Funds under Payment Priority Service, in accordance with the procedures and methods specified by the Company (except for the Customer’s TrueMoney Account, which cannot be cancelled or deleted).

5.3 For using this Payment Priority Service, the Customer has no duty to pay any Service fees to the Company.

5.4 The Customer agrees and acknowledges that in order to facilitate the use of Services by Customer, upon the Customer has utilized Payment Priority Service with the Customer’s TrueMoney Account, the Company may access to the Customer’s Payment Priority Service information and display such information on Application or any other application or website belonging to the Company’s partners. Moreover, the Customer agrees and acknowledges that upon the Customer has utilized Payment Priority Service, the Company will use such Payment Priority Service information to display the details of Source of Funds on Application when the Customer makes a payment at the store.

6. Terms and Conditions for using Chat Room Service

The Chat Room is a service, facilitating Customers on sending data in various forms such as messages, graphics, images, or other information (hereinafter collectively referred to as “Content”). Customer is able to send Content to other Customer, according to the following conditions:

6.1 Content within the Chat Room is for the use between one Customer and the other Customer only. The Company shall not involve nor be responsible for any Content and any acts arising from the conversation between Customers within such Chat Room, as well as the dissemination of any Content outside such Chat Room by Customer.

The Customer is solely responsible for the Content and any acts, occurring from the use of the Chat Room by Customer.

6.2 Money transferring history, which is displayed in the Chat Room, is automatically displayed by the system and is solely for facilitating on verification purpose only. Customer has the duty to verify the correctness of transaction from the transaction history as shown in “History” section on the Application.

6.3 The Customer must not do any acts which violate any law, rule, regulation, guidelines or any other lawful order, or act in a way which is contrary to public order and good morals or causes damages to the Company.

6.4 The Customer must not do any act in the manner of danger, threatening, disturbing or in violation of the rights of other Customer in the Chat Room.

6.5 If the Customer’s TrueMoney Account is terminated by any reason, the Customer cannot request to view or obtain a copy of the Content from the Chat Room.

6.6 The Customer cannot transfer or allow access or license the right to access into the Content to any third party.

6.7 If the Customer wishes to back up any Content within the Chat Room, the Customer must back up by himself/herself. The Company has no duty to back up any Content for the Customer, unless the Company deems it is necessary to proceed for complying with the law or any conditions that the Company determines.

6.8 If the Customer decides to block chatting with another Customer, the Customer will not be able to see any Content which such blocked Customer may send to the Customer after being blocked.

6.9 The Company may disable Chat Room Service, whether in full or in part, as the Company deems appropriate without giving the Customer prior notice pursuant to the following reasons:

6.9.1 The Customer has violated or involved in the violation of Clause 6.3 or Clause 6.4 or any other terms and conditions in these Terms of Services; or

6.9.2 Any other reason, as the Company deems appropriate, for the purpose of protection of the interests of other Customers or the Company or in order to comply with the law.

7. Terms and Conditions for using Explore SME Shop Service

Explore SME Shop Service is a service, facilitating Customers on searching of True Smart Merchant shop or other types of shops as specified by the Company (“SME Shop”). The Customer can know SME Shops’ basic information that the Customer has searched, such as name, address, telephone number, business hours, pictures of product or service, or promotions which the Company collaboration with such shop, according to the following conditions:

7.1 The Customer can search for SME Shop by specifying conditions to the system for searching from the information specified by the Customer such as product name, shop’s name, shop’s type or province, or allow the system to use the Customer’s location (In the case of using location, the Customer must allow the Application to access location of the Customer’s mobile phone), etc.

7.2 The Customer can share SME Shop’s information page (Shop profile), which Customer has searched, to various social media such as Facebook, Instagram, LINE or other social media which the Company allows the Customer to share SME Shop’s information page (Shop profile).

7.3 The Customer can click "Like" to save such SME Shop and display on “My favorite shop” screen.

7.4 The Customers can rate SME Shop including express comments in relation to such SME Shop. In this regard, the Customer acknowledges and agrees that details of the rating score and comments in relation to SME Shop will be displayed on the screen of this Explore SME Shop Service for a period of 2 (two) years, after that such information will be deleted by the Company.

7.5 To rate and comment in relation to SME Shop, the Customer must not do any act that is accusation, giving false information or defamation. In addition, the Customer must not do any act which violates any law, rule, regulation, guideline or any other lawful order, or act in a way which is contrary to public order and good morals or causes damages to the Company.

In this regard, rating and commentation in relation to SME Shop are completely done by the Customer. The Company does not involve in such rating or commentation, and the Company is not responsible for such rating or commentation. Therefore, the Customer is solely responsible for such rating and commentation in all respects.

7.6 The Company reserves the right to refuse display of rating and commentation in relation to SME Shop, which are completely done by the Customer, whether in full or in part, and/or suspend the Customer from rating and commentation in relation to SME Shop, as the Company deems appropriate without giving the Customer prior notice, pursuant to each of following reasons:

7.6.1 The Customer has violated or involved in the violation of this Clause 7 or any other term and condition in these Terms of Services; or

7.6.2 The Customer uses inappropriate words on commentation in relation to SME Shop; or

7.6.3 Any other reason, as the Company deems appropriate, for the purpose of protection of the interests of other Customer, the SME Shop or the Company, or in compliance with the laws.

7.7 If the Customer’s TrueMoney Account is terminated by any reason, the Customer will be unable to view any information on “My Favorite Shop”, rate SME Shop and comment in relation to SME Shop.

8. Termination of the Use of Services, Termination and Suspension of the Provision of Services

8.1 In case the Customer wishes to terminate the use of Services, then the Customer is entitled to proceed as follows:

8.1.1 The Customer may terminate his/her TrueMoney Account by himself/herself via Application. In this regard, the Customer must follow rules and methods as specified by the Company. However, the Company reserves the right to refuse the termination of the Customer’s TrueMoney Account through this channel, if such Customer still has some pending conditions with the Company.

In the event that the Customer’s TrueMoney Account has been terminated successfully and there is remaining Money in the Customer’s TrueMoney Account. If the Customer wishes to transfer such remaining Money to the Customer’s bank deposit account, the Company reserves the right to charge the fee due to such money transfer.

In the event that the Customer’s TrueMoney Account has been terminated successfully and there is remaining Money in the Customer’s TrueMoney Account, but the Customer does not want to transfer such remaining Money to the Customer’s bank deposit account at the time of such termination, the Company shall charge the Balance Maintenance Fee from such remaining Money. The Customer can check the fee rates at http://www.truemoney.com/rates/. In the event that the Customer wants to receive such remaining Money later, the Customer shall, within the period as specified by the Company, be entitled to receive such remaining Money after deduction of the Balance Maintenance Fee by notifying the Company in advance via TrueMoney Customer Care 1240 or any other channels as specified by the Company, and following the methods as specified by the Company.

8.1.2 The Customer may notify his/her intention by himself/herself via TrueMoney Customer Care 1240, and follows the methods as specified by the Company. In case there is remaining Money in the Customer’s TrueMoney Account and by which the Customer does not breach these Terms of Services, then, the Company shall return such remaining Money to the Customer after deducting any fee (if any) within a period of time as specified by the Company, but no later than 15 (fifteen) business days, by transferring to the Customer’s bank deposit account pursuant to the details as the Customer has notified the Company. Additionally, the Company reserves the right to charge the fee due to such money transfer (if any).

8.1.3 The Customer may notify his/her intention via any other channels as specified by the Company, and follows the methods as specified by the Company.

In this regard, the Customer shall not charge the interest or any compensation to the Company due to such termination of the Customer’s use of Services.

8.2 The Company reserves the right to terminate the provision of Services or suspend the provision of Services, or close the Customer's TrueMoney Account, without the need to notify the Customer in advance for the following events:

8.2.1 The Customer uses forged document, or expresses false statement in the registration applying for the TrueMoney Account, including gives false information or provide false documentary evidence or incompletely express the document as requested by the Company; or

8.2.2 The Customer has died; or

8.2.3 The Customer is the person whom the government or state authority imposes the seizure or garnishment order, or is the designated person, or is alleged or suspected as the person committing the offense; or

8.2.4 The Company has reasonable suspicion that the Customer has committed the offense, or attempts to commit the offense as prescribed by the laws, or do any action possibly causing damage to the Company or any person; or

8.2.5 In case that mobile phone number, registered with the Company, is terminated for any reason, and upon the Company has been informed of the termination of such mobile phone number together with the relevant evidence; or

8.2.6 The Customer who is Foreign Customer, having nationality, place of residence and occupation as specified by the Company; or

8.2.7 The Customer breaches any provision as specified in these Terms of Services; or

8.2.8 The Customer has not used the Services for a period of 6 (six) months consecutively from the last use of Services; or

8.2.9 Foreign Customer who his/her passport already expired while he/she is using Services; or

8.2.10 Insufficient Money in the Customer's TrueMoney Account to be deducted, in accordance with the Service fee charged by the Company; or

8.2.11 The Company has found that the Customer becomes quasi-incompetent or incompetent person by laws and the Customer’s legal guardian has not given consent to or act on behalf of the Customer to apply for the use of Services in accordance with these Terms of Services.

In this regard, the Company shall not involve or be responsible for all damages occurring due to such suspension and/or termination of the Customer’s use of Services.

Furthermore, in case the Company has reasonable doubt or necessity to perform any act in compliance with the laws, the Company may request Customer to provide additional information, evidences or documents for the Company’s consideration. In case that the Customer does not proceed as requested within the period specified by the Company, or the Company already received such addition information, evidences or documents from the Customer and the Company deems that the Customer falls into one of the abovementioned conditions, or the Company has the necessity to terminate the relationship with the Customer due to legal reasons. The Company reserves the right to terminate the provision of Services or suspend the provision of Services immediately.

8.3 In case the Company has exercised the right to terminate the provision of Services or suspend the provision of Services pursuant to Clause 8.2 above, then the Company is entitled to proceed as follows:

If there is no remaining Money in the Customer’s TrueMoney Account or the remaining Money in TrueMoney Account is not sufficient to pay for the Account Maintenance Fee, then the Company shall deduct the Customer’s Money only in the remaining amount for the Account Maintenance Fee and immediately terminate the provision of Services; or

If there is remaining Money in the Customer’s TrueMoney Account, then the Company shall maintain such Money of the Customer, and charge the Account Maintenance Fee and/or Balance Maintenance Fee from the Customer’s Account (as the case may be). The Customer can check the fee rates at http://www.truemoney.com/rates/. The Customer is entitled to request for receiving the remaining Money back from the Company after deducting the Account Maintenance Fee and/or Balance Maintenance Fee within the period specified by the Company without interest or any compensation from the Company. In this regard, the Customer shall notify the Company in advance via TrueMoney Customer Care 1240 or any other channels as specified by the Company, and follows the methods as specified by the Company. If the aforementioned period has elapsed, the Company reserves the right to proceed in accordance with the Company’s internal policy.

In the event that the request for receiving remaining Money has been made, the Company shall verify the correctness and transfer the remaining Money to the Customer, by transferring to the Customer’s bank deposit account or the Customer’s new TrueMoney Account pursuant to the details as the Customer has notified the Company and in accordance with the methods and conditions specified by the Company. Additionally, the Company reserves the right to charge the fee due to such money transfer (if any).

9. Customer’s Warranty

9.1 For the Customer holding Thai nationality, the Customer warrants that the Customer is the person with legal competence, or has been obtained legal consent to apply and use Services, including agrees to be bound by these Terms of Services and/or to enter into any agreement related to the use of Services. If you are the legal guardian of the Customer, the owner of TrueMoney Account, you agree to apply for the use of Service and to be bound by these Terms of Services and/or to enter into any agreement related to the use of Services on behalf of such Customer.

For the Foreign Customer, the Customer warrants that the Customer is complete the age of 15 (fifteen), and is the person with the competence to be bound by these Terms of Services and/or to enter into any agreement related to the use of Services in accordance with the conditions as specified under law of his/her country.

In this regard, the Customer and/or the legal guardian of the Customer properly understand that the Customer shall be responsible for the financial effect or any other effects occurring or possible occurring, due to the use of Services in which the Customer has conducted or the Customer and/or the legal guardian of the Customer has permitted any third person to use the registered information, Password or any other information of the Customer.

9.2 The Customer warrants that he/she shall not use the Services to conduct the financial transaction having illegal purposes, whether gamble, prostitution, money laundering or use of the TrueMoney Account for exploitation, whether for the benefit of the Customer and/or others, in the manner of payment collection agent, or as a means of depositing and withdrawing cash, or for conducting the business in various forms, including any action violating public order or good morals, infringing any other persons’ intellectual property rights or committing any other offenses. Additionally, It shall neither cause any damage to the Application or the networks connecting with the Application, nor cause the interference with the use of the Application by any other persons, nor attempt to access the Application or networks connecting with the Application without the authorization, whether by ways of hacking, stealing, copying or destroying the database, password mining, or any other methods. Thus, in case any damage occurs to the Company, or any claim has been made against the Company for any liability, due to the Customer has conducted the financial transaction via the Company’s Services for such abovementioned purposes, or due to the Customer has done any action related to the Application as abovementioned, then, the Company shall have the right to immediately suspend or terminate the provision of Services. Additionally, the Customer shall be responsible to pay for any damage to the Company in all respects. In this regard, the Company shall not involve or be responsible for the damage possibly occurred in any respect.

9.3 The Customer warrants that the information, provided to the Company in accordance with clause 2.1 of these Terms of Services and any other information provided by the Customer to the Company, is correct in all respects. In case the Company has detected that the Customer forges the information or the document and/or assumes any person identity, whether such person gives permission or not, in applying for the use of Services, in such case, the Company reserves the right to immediately suspend or terminate the provision of Services. Additionally, the Customer shall be responsible to pay for any damage to the Company in all respects, regardless whether or not the Customer has dishonest intention.

9.4 The Customer warrants that the performance of verification via biometric facial recognition process in accordance with identification and verification process specified by the Company, is being done by the himself/herself, not his/her twins or any other person who has a similar appearance.

In addition, the Customer hereby warrants that any transactions occurring by the Customer’s biometric face recognition process is completed by himself/herself and shall be deemed as correct transactions. If there is any loss occurred from those transactions, the Customer hereby acknowledges that the Company shall not be responsible for any loss.

9.5 For the purpose of identification/verification, the Customer warrants that identification card presenting to identify himself/herself in relation to the Company’s identification and verification process, is the identification card containing correct, actual and current information of Customer. The photo appeared in the identification card is similar to the current appearance of the Customer without any difference caused by facial surgery or any act that changes appearance of Customer, and is able to indicate the appearance and character of the Customer during identification process as specified by the Company.

In the event that the Customer’s appearance has changed due to aforementioned acts, resulting in an inability to verify the identity of Customer, the Customer hereby acknowledges that the Company may prohibit or suspend the use the Services, and the Customer shall not bring such causes to claim any damage from the Company.

9.6 The Customer warrants to be bound, comply with and give cooperation, as well as, to agree on the preparation of information and/or provide documentary evidence or any other documents additionally requested by the Company for the purpose of considering the opening of the use of Services, the provision of the Service, any transaction conduction, or for strictly complying with the requirements or the notifications of the Bank of Thailand, the Anti-Money Laundering Office, or any legislation related to the compliance with these Terms of Services, both existing at the present and/or to be prescribed in the future.

9.7 The Customer warrants that the Customer is the person who owns the TrueMoney Account which registered under the Customer’s name, and is the Ultimate Beneficial Owner for the use of Services for the benefit of the Customer without control over TrueMoney Account from other persons.. In this regard, if the Customer wishes to change the information in relation to the Ultimate Beneficial Owner of the Customer. The Customer is able to notify his/her intention by himself/herself via TrueMoney Customer Care 1240 or any other channels as specified by the Company.

Ultimate Beneficial Owner” means a natural person who ultimately owns or controls TrueMoney Account which is opened and registered by Customer or the natural person on whose behalf a transaction is being conducted by the Customer or the person(s) who ultimately have a controlling ownership interest in a legal person or a legal arrangement.

10. Company’s Limitation of Liability

10.1 The Company shall provide the Services at its best for the Customer’s satisfaction. In case any failure or delay occurring to any Service provided by the Company, whether due to computer system, internet system, electronic equipment or any other systems in relation to the provision of Services, including the mobile phone network system and any cause whatsoever, the Customer shall not set up such causes as abovementioned to claim for any damage from the Company.

10.2 The Customer acknowledges that the Company is merely the service provider facilitating the payment and/or collecting the payment of price of goods and/or service fee, and conducting the transaction pursuant to the Customer’s instruction. Thus, if there is any problem occurring to the goods and/or the services or the defect of goods and/or services or any dispute arising, in such case, the Customer must contact the seller and/or the service provider of those goods and/or services by himself/herself.

In this regard, in providing the service of paying the price of goods and/or service fees, the Company does not know the agreement, terms or the rights and obligations, by which the Customer and the seller and/or the service provider have between them. Thus, in case of any dispute arising due to the Company providing the service of payment for the goods and/or services, whether overdue debt payment, partly debt payment, suspension of services or any other circumstances, then, the Customer shall be responsible and/or solve the dispute by himself/herself. The Company shall not involve in any case.

10.3 The Company reserves the right not to be responsible for damage or loss, whether directly or indirectly, occurring to the data in mobile phone or the mobile phone itself or any equipment resulting from the use of the Services by the Customer.

10.4 The Company reserves the right not to be responsible for any damage or loss occurring to money in the Source of Funds bound to the Customer’s TrueMoney Account including Money in the Customer’s TrueMoney Account, due to the Customer’s mobile phone or any other equipment being lost or stolen, or the Customer being deceived, or Malware or Computer Virus or any cyber attack on the Customer’s mobile phone or any other equipment, or by any other force majeure. In this regard, the Customer shall immediately notify a request for suspension of the use of such Source of Funds to the Company, or to the bank or the financial institution or credit/ debit card provider or such Source of Funds provider. In relation to the Money in the Customer’s TrueMoney Account, the Customer can notify the intention requesting to suspend the use of Money in the TrueMoney Account by himself/herself via TrueMoney Customer Care 1240 or any other channels as specified by the Company.

10.5 The Company is merely a Services provider operating through Application and other channels (if any) as stipulated by the Company. The Company does not have any knowledge or take any part or support any action of the Customer in relation to the use of Services and/or Application and/or such other channels.

In case that the Customer has done any action, whether intentionally or not, which is illegal or cause any damage to other person, whether directly or indirectly, the Customer agrees to be directly responsible for such action and/or damage to such person in all aspects.

10.6 The Company shall not be responsible for any liability, according to the personal data protection laws or any relevant laws, occurred from the Customer conceals any information or provides inaccurate information to the Company. In this regard, the Customer shall be responsible for any damage to the Company and/or any other person in all aspects.

11. Personal Data

The Customer agrees and acknowledges that the Company may collect, use or disclose personal data, including but not limited to information on the identification card, necessary contact information, location, the Customer’s phonebook and/or in which the Customer has given to the Company and/or being in possession of the Company and/or the Company has lawfully received or collected from any other sources or any other persons, for the purposes of consideration of TrueMoney Account registration requests, identification/verification of identity, use of Services, providing support service, contact and request for information, statistic, analysis and research in order to enhance the Services or offer the privilege which may benefit the Customer in connection with the Services, or emphasizing the Customer to receive good Services from the Company, fraud prevention and security management of the Customer’s TrueMoney Account, sending news and information, including any proceeding for any purposes in relation to the provision of Services that possibly be the interest or benefit to the Customer via the notification on Application or contact channels that the Customer has provided to the Company, and that the Company has legitimate rights regarding the provision of Services. In addition, the Customer acknowledges that the Company may transfer or transmit the Customer’s personal data to juristic persons having control over the Company or under control of the Company and juristic persons under the same control of the Company, including juristic persons or persons in which the Company is a contractual party or having the legal relationship with, and third persons or juristic persons acting as a data processor, whether inside and outside Thailand. In the event that it is necessary for the Company to transfer or transmit Customer’s personal data to persons or juristic persons outside Thailand having inadequate personal data protection standard as prescribed by laws, the Company ensure that the Company will implement appropriate personal data protection measures in compliance with the laws.

The Customer may read and review other details through the Company’s Privacy Policy here

12. Language

Any translation of these Terms of Services is provided solely for the Customer’s convenience and is not intended to amend or modify any provisions of the Terms of Services. In the event of a conflict of the Thai version and other language version, Thai version shall prevail.

13. Governing Law

This Terms of Service shall be governed and construed in accordance with the laws of Kingdom of Thailand without regard conflicts of law.

14. Severability

In case any term or condition of these Terms of Services becomes null and void or incomplete by law, then the other enforceable term or condition of these Terms of Services shall be separated from the part that becomes null and void, and shall have full force and effect.

15. No Waiver

The failure by the Company to enforce any term or condition of these Terms of Services shall in no way affect the right of the Company to enforce the same, and no waiver of a breach of any term or condition of these Terms of Services by the Customer shall be construed as an agreement to waive any subsequent breach of the same or other term or condition.