Terms of Services and Privacy Policy for TrueMoney Wallet 

This Terms of Services and Privacy Policy is an agreement between True Money Company Limited, having its head office located at no. 89, AIA Capital Center Building, 18th-19th Floor, Ratchadaphisek Road, Din Daeng Sub-District, Din Daeng District, Bangkok (hereinafter called as the “Company”) of the one part; and TrueMoney Wallet customer (hereinafter called as the “Customer”) of the other part for the use of TrueMoney Wallet services (hereinafter called as the “Service(s)”). In this regard, the Customer can conduct the financial transaction using the Company’s electronic money (hereinafter called as the “Money”), credit card, debit card or any other payment methods as specified in the future by the Company, including the conduction of top-up, payment, transfer and withdrawal via TrueMoney Wallet application, (hereinafter called as the “Application”) or via the Company’s Prepaid Card, such as WeCard or any other cards jointly issued by the Company and any other juristic persons as appear in this Terms of Services and Privacy Policy for TrueMoney Wallet, (hereinafter called as the “Terms of Services”). The Customer has the duty to thoroughly make understanding before using the Services, and shall refer to the Terms of Services on a regular basis. If there is any question regarding the Services, the Customer can contact Call Center 1240, or any other channels as specified by the Company.

1.General Provisions

1.1 The Customer agrees to comply and be bound by this Terms of Services. The use of Services shall be deemed as the acceptance of this Terms of Services. The Company may make amendment or addition to this Terms of Services, at any time without the need to notify the Customer in advance, except for the amendment having significant effect to 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 for the Services shall be under this 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. 

2.Use of Service

2.1 In applying for the use of Services, the Customer must open TrueMoney Wallet Account (hereinafter called as the “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, electronic signature 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 relevant laws. 

2.1.2 The Customer holding any nationalities other than Thai (hereinafter called as the “Foreigner”) 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 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. 

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 and correct. In case of the Customer being the Foreigner, 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 nationality, place of residence and occupations of some types 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 shall be in the sole discretion of the Company.

2.2 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 Account due to the use of such Password.

2.3 In case the Customer uses the Password for conducting and completely finishing 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.

2.4 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 being the Foreigner, 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

2.5 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. 

2.6 In case the Customer forgets 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.

2.7 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 upon prior notice by the Company.

2.8 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 its own.

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 its own. The Company shall not involve in any case.

2.9 The Customer acknowledges that the Company is merely the service provider facilitating the transaction conduction via using credit card, debit card or any other payment methods as possibly specified in the future by the Company 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 the service provider of credit card, debit card, or the provision of such financial service. 

In providing the Services by the Company, it shall not be deemed that the Company (a) provides money transfer service directly 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 credit card, debit card or any other payment methods made via the Application other than the transaction conducted by using Money, then, the Customer shall contact the banks or the financial institutions or the service provider of credit card, debit card and/or solve such problem by its own. The Company shall not involve in any case. 

2.10 The Customer can conduct the financial transaction using credit card, debit card or any other payment methods as possibly specified in the future by the Company only for limited transactions as specified by the Company. In this regard, the Company reserves the right to provide the service of paying the price of goods and/or service fees by the abovementioned payment methods only for the goods and/or services of some sellers and/or the service providers specified by the Company at the present and/or in the future. 

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

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

2.11.2 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

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

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

2.11.5 Payment or collection for price of goods and/or service fees, which is contrary to the law or good morals or the requirements of the credit card network service provider; or

2.11.6 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.

2.12 In case the Company has detected that the Money in the Customer’s 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.

2.13 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. 

2.14 The Company shall not be responsible for damage or loss in any case, whether directly or indirectly, occurring to the data in mobile phone or the mobile phone itself or any equipment resulting from the provision of the Services.

2.15 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 4.2 of this Terms of Services.

2.16 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 any information or detects that the Customer’s Account has been used in the manner of payment collection agent, or for conducting the business in any form for the commercial purpose, or being used for cash deposit and cash withdrawal, whether for the benefit of the Customer and/or any other persons. 

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.

2.17 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 Account and/or take any other actions, as the Company deems appropriate.

2.18 The Company reserves the right to change the criteria for the consideration, approval and limitation of number of the 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.

2.19 The Customer acknowledges that the Customer shall not be able to conduct any transaction with the Customer’s Account for the following events:

2.19.1 The Customer’s mobile phone number, registered with the Company, has been suspended. The Customer shall not be able to conduct any transaction with the Customer’s Account until the service suspension ends; or 

2.19.2 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 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 Account before changing the mobile phone number, or before the suspension or termination of such mobile phone number and Account closure, otherwise, the Company shall not be responsible for any damage possibly occurring to the Customer.

2.20 The Company shall not be responsible for any damage or loss occurring to Money in the Account, credit card and/or money in the bank deposit accounts linked with credit card, debit card or any other payment methods as specified in the future by the Company, due to the Customer’s mobile phone or any other equipment being lost or stolen, or the Customer being deceived, or by any other force majeure. In this regard, the Customer shall immediately notify the Company to suspend the use of Money in the Account, the bank or the financial institution or credit card or debit card service provider. In relation to the Money in the Account, the Customer can notify the intention requesting to suspend the use of Money in the Account by himself/herself via Call Center 1240 or any other channels as specified by the Company.

2.21 The Company shall not be responsible for any damage or loss occurring to Money in the Account and/or money in the bank accounts linked with credit card, debit card or any other payment methods as specified in the future by the Company, due to Malware or Computer Virus or by any other electronic attack on the mobile phone or any other equipment of the Customer using the Services. 

2.22 The Customer can find the information regarding transaction history conducted for last 3 (three) months through the Application. Additionally, the Customer can request for such information within the period of time as specified by the Company via Call Center 1240 or any other channels as specified by the Company. In this regard, the Customer shall receive the evidence of transaction via email registered on the Application by the Customer. 

The evidence of transaction means the statement and any other evidences 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.

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

3.Terms and Conditions on the Use of Services for Money Transfer into Bank Deposit Account

3.1 The Customer shall conduct the transaction via Application, requesting for Money transfer from the 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 Account into 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 Account once the Customer notifies to request for money transfer.

3.3 The amount of money transferable per each time shall be subject to the type of the Customer’s Account. 

3.4  The Customer can conduct the transaction for transferring the Money from the Account not exceeding the specified amount per day, subject to the type of the Customer’s Account.  

3.5 The Customer cannot cancel the request of money transfer.

3.6 In case the Company has detected that the amount of Money in the Customer’s 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.

3.7 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 Account within 3 (three) business days after receiving the notification from the bank.

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

4.1 In case the Customer wishes to terminate the use of Services, then, the Customer shall notify the intention by himself/herself via Call Center 1240 or any other channels as specified by the Company, and shall follow the methods as specified by the Company. In case there is Money remaining in the Account and by which the Customer does not breach this 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. In this regard, the Customer shall not charge the interest or any compensation to the Company.

4.2 The Company reserves the right to terminate the provision of Services or suspend the provision of Services, without the need to notify the Customer in advance for the following events: 

4.2.1 The Customer uses forged document, or expresses false statement in the registration applying for the Account, including gives false information or provide false documentary evidence or incompletely express the document as requested by the Company, until the Company have received correct and complete document; or

4.2.2 The Customer has died; or

4.2.3 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

4.2.4 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

4.2.5 In case the Customer cancels the mobile phone number used for opening the Account, upon the Company having known the cancellation of service of such mobile phone number; or

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

4.2.7 The Customer breaches any provision as specified in this Terms of Services; or

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

4.3 In case the Company has exercised the right to terminate the provision of Services or suspend the provision of Services pursuant to clause 4.2 above, then the Company is entitled to proceed as follows: 

If there is no Money remaining in the Customer’s Account or the Money remaining in Customer’s 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 Money remaining in the Customer’s 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 without interest or any compensation from the Company. In this regard, the Customer shall notify the Company in advance via Call Center 1240 or any other channels as specified by the Company, and follows the methods as specified by the Company. The Company shall verify the correctness and transfer the remaining Money to the Customer, by transferring into the Customer’s bank deposit account or the Customer’s new 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).

5.Customer’s Warranty

5.1 For the Customer having Thai nationality, the Customer warrants that the Customer is the person with legal competence, or has been obtained legal consent to be bound by this Terms of Services and/or to enter into any agreement related to the use of Services. 

For the Customer being Foreigner, the Customer warrants that the Customer is complete the age of 15 (fifteen), and is the person with the competence to be bound by this 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 properly understands 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 has permitted any third person to use the registered information, Password or any other information of the Customer.

5.2 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 Account for exploitation in the manner of payment collection agent, 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.

5.3 The Customer warrants that the information, provided to the Company in accordance with clause 2.1 of this 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 reserve 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.

5.4 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 this Terms of Services, both existing at the present and/or to be prescribed in the future. 

6.Personal Data

6.1 The Customer agrees and gives consent for the Company to collect the personal information, including but not limiting to the Customer’s biometrics data, financial information or any information given to the Company and/or being in possession of the Company and/or in which the Company has received or collected from any other sources or any other persons, in compliance with the law being enforced at that time (hereinafter collectively called as “Personal Data”). In this regard, the Company shall collect the Customer’s Personal Data only as necessary for providing Service of each type, for the purposes of emphasizing the Customer to receive good Services from the Company, and for identity verification in conducting the financial transactions under the Services, whether involving third persons or for enabling the Company to contact the Customer in necessary case. Additionally, the Customer gives consent for the Company to use, transmit, transfer, assess and/or disclose the Personal Data to Ascend Group Co., Ltd., True Corporation Public Company Limited, Charoen Pokphand Group Co., Ltd. and/or the affiliated companies of all the said companies as aforementioned (hereinafter called as the “Affiliated Companies in the Business Group”), including the auditors, external auditors of the Company, government sectors, transferee of the right of claim and/or any other juristic persons or persons that the Company is contractual party or has relationship with, both in the country and abroad. The purpose of which is to collect, use, disclose, assess, analyze the data, verify/prove the identity and/or improve the services or products of the Company or of such persons; for complying with the agreement that the Customer is contractual party; for fulfilling in accordance with the Customer’s request prior to entering into that agreement; for performing in accordance with the agreement between the Company and any other persons for the Customer’s benefit; for examining the transactions being possibly fraudulent; for any other purposes not prohibited by the laws and/or for complying with the laws or regulations of any country applicable to the Company or such persons. The said consent as abovementioned shall exist throughout the time that the Customer continues to have the Account with the Company.

The Company shall not disclose such Personal Data to any person other than those as specified above, without obtaining the prior consent from the Customer, except where it is required to comply with the laws.

6.2 The Customer consents the Company and Affiliated Companies in the Business Group to send the information to the Customer for presenting the news, marketing activity, sales promotional program, campaign, or for presenting the products possibly benefitting to the Customer. Additionally, the Customer acknowledges that Customer can terminate or refuse to receiving of such information via the channels as specified by the Company and/or Affiliated Companies in the Business Group.

6.3 The Customer agrees and consents the  Affiliated Companies in the Business Group, including the banks and government sectors possessing the Customer’s Personal Data, to disclose the Customer’s Personal Data given to such persons to the Company for examining and verifying the Customer’s Personal Data; for receiving the information or news; for the marketing and sales promotional purposes; for offering the benefit and/or sale of any goods or services; for the purpose of Service provision or financial transaction conduction; for the purposes of statistic, analysis, study and research, or assessment of the information or for any other purposes not prohibited by the laws.

6.4 The Customer acknowledges that in case the Company is necessary for complying with the agreement where the Customer is contractual party; for fulfilling in accordance with the Customer’s request prior to entering into the agreement; for performing in accordance with the agreement between the Company and any other persons for the Customer’s benefit; for examining the transactions being possibly dishonest; for any other purposes not prohibited by the laws and/or for complying with the laws or regulations of any country applicable to the Company or such persons, in such case, the Company may be necessary to notify the Customer for requesting the additional Personal Data. In this regard, the Company shall notify the Customer regarding such circumstance for requesting the additional Personal Data and the consent. This includes the possible effect due to the Customer refusing to give the information for that circumstance as the method as the Company deems appropriate.

6.5 The Customer acknowledges that in case the Company is necessary for complying with the agreement that the Customer is contractual party; for fulfilling in accordance with the Customer’s request prior to entering into the agreement; for performing in accordance with the agreement between the Company and any other persons for the Customer’s benefit; for examining the transactions being possibly dishonest; for any other purposes not prohibited by the laws and/or for complying with the laws or regulations of any country applicable to the Company or such persons, in such case, the Company may send or transfer the Customer’s Personal Data abroad. Additionally, if the destination country has not the standard for protecting the Personal Data sufficiently in accordance with the criteria as prescribed by the laws, then, the Customer shall still permit the Company to send or transfer the Customer’s Personal Data to such destination country.  

7.Language

Any translation of this 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.

8.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.

9.Severability

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

10.No Waiver

The failure by the Company to enforce any term or condition of this 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 this 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.