Privacy Notice

Terms and Conditions of Services

 

33 Remittance Company Limited. (“the Company”) operates as an international money transfer agent service provider, authorized money changer and authorized payment service provider under supervision via SMARTSWIFT Mobile Application (hereinafter referred to as the “SMARTSWIFT Mobile Application”) or the channels to be established in the future under the name “SMARTSWIFT”.

 

Customer agrees to use the SMARTSWIFT by accepting to be bound by the terms and conditions of services as following:

 

Definitions

 

“SMARTSWIFT” means services that the Company has defined type of services such as electronic money service, payment services and/or money transfer services and/or any other services to be determined in the future.

“Products and/or services” means products and or services that the Company has defined type of products and/or services for making payments.

"Customer" means an individual or legal entity who use the SMARTSWIFT.

"Beneficiary" means a person named as the beneficiary of the money transfer.

“Electronic channel” means payment for goods and/or services through any electronic service system such as mobile phone application, computer version application, website channels and/or any other channels to be determined in the future.

“Application” means SMARTSWIFT Mobile Application provided by the Company and/or any other applications developed or customized by the Company for third parties, including but not limited to Computer Version, the Website Version, and the Mobile Version and other electronic devices.

 

  1. General Requirements

 

1.1 When a customer (“customer”) logins to the system (“login”), it shall be deemed that the customer has accepted and be bound by the terms and conditions of service (“Terms and Conditions of Service”) as set forth below, including those that specifically provided in any part of SMARTSWIFT. The customer acknowledges and agrees that these terms and conditions of service are subject to change without prior notice.

Any changes to the terms and conditions of services will be published in this application. When customer has accessed this application after such change, it shall be deemed that the customer agrees to accept all the amended terms and conditions of services. If the customer does not agree or refuse to be bound by any terms and conditions of services, the customer is kindly requested to stop viewing and using this application.

 

1.2 Unless being notified or specified otherwise, new features to be added, improved or modified in the service shall be subject to these terms and conditions of services.  

 

1.3 The Company reserves the right to improve or cancel the service or any part of the service whether temporarily or permanently at any time by giving prior notice to the service user.

 

  1. Opening an Account

 

2.1 Customer must subscribe for the service by filling out information and show evidence/documents as specified by the Company and must go through the customer acceptance process of the Company until completion. Then the Company will activate any services through this subscription. Customer can check his/her subscription status at the contact channel stated in Clause 11 of these terms and conditions. In addition, customer agrees to provide information, evidences or any additional documents as requested by the Company.

 

2.2 Customer certifies that information, supporting documents and evidences provided in the subscription to the Company are correct, true and complete in all respects. The applicant shall be regarded as customer of the Company only after being approved by the Company and agreeing to comply with the agreement of the Company.

 

In case, there is any change regarding the information provided, the customer shall notify the Company within a period not exceeding thirty (30) days after the change. In case, the customer fails to notify the Company of any changes to the information provided or have notified the Company later than the specified period and causing any damages, the customer agrees that the Company will not be responsible for any damages, whether in whole or in part.

 

2.3 In order to use SMARTSWIFT, customer must have his/her own username and password. The customer must keep his/her username and password confidential. Any access and transactions arising from SMARTSWIFT under username and password of customer shall be deemed to be complete and valid as if performed by the customer him/herself. If any damage incurred for any reason whatsoever, the customer shall be responsible for all such actions. In addition, the customer agrees not to dispute or demand the Company to responsible for compensation for damages on behalf of the customer in all cases.

 

 

2.4 Customer acknowledges that, in using the service, if the password is entered incorrectly consecutively more than the specified number of times, the Company will automatically suspend the service immediately. Customer will be able to continue using this service only after giving notice to the Company and proceed any other steps specified by the Company to request a new PIN by contacting the channels specified by the Company in Clause 11 of these terms and conditions.

 

2.5 Customer can change, suspend or cancel their username and password and/or using the SMARTSWIFT at any time by his/herself through various channels according to the conditions and methods specified by the Company. The Company shall not be liable for any damages incurred prior to the suspension or cancellation process being effective.

 

2.6 The Company reserves the right to refuse to activate or provide services or transactions for customer who use incognito or pseudonym or when the Company found that the name used for registration is invalid, false and not up-to-date. In this regard, customer agrees and accepts the Company's decision to approve his/her service subscription.

 

2.7 Customer understands that the Company is a foreign exchange e-Money operator and have a duty to comply with the Anti-Money Laundering Act, Counter-Terrorism and Proliferation of Weapon of Mass Destruction Financing Act, Payment Systems Act including related announcements and regulations whether currently in force or in the future. Therefore, customer must provide his/her identity when making registration and providing proof of information to the Company for identification and verification of the facts and evidences completely and correctly as required by law. If the customer does not proceed with registration or presentation of evidence within the specified period and/or the Company is unable to verify identity of the service user.

 

Customer agrees that the Company may suspend the services or transactions of customer temporarily until customer make registration and provide information completely and correctly in accordance with the form prescribed by law or the Anti-Money Laundering Office. However, if the customer does not proceed with the registration or provide the above evidences within thirty (30) days from the date that the Company implements the abovementioned suspension, the Company reserves the right to cancel the service user's account and/or take any other actions as deemed appropriate by the Company.

 

2.8 Customer agrees that, in the following cases, the customer will not be able to conduct any transactions with his/her account.

 

2.8.1 The mobile phone number that customer registered with the Company is suspended, the customer will not be able to conduct any transactions using his/her account until the suspension is revoked; or

 

2.8.2 Customer changes or cancels the mobile phone number that customer registered with the Company or such mobile phone number has been cancelled due to any other reason. In this case, customer acknowledges that he/she must withdraw money out of his/her account before changing mobile phone number or before the said mobile phone number is suspended or canceled and account closed, otherwise the Company will not be responsible for any loss that may incur to the service user.

 

  1. Fees, Currency and Exchange Rates

 

3.1 Customer acknowledges and agrees that, in using the service, the Company will charge fees from customer separately from the transactions requested by the service user. Customer can check the fees via channels specified by the Company at https://www.smartswift33.com/Fee/. Such fees will be deducted from the account balance of the customer once he/she requests to transfer money.

 

In case, there is a change in service fees, the Company will notify the customer not less than 30 days in advance. In addition, the customer agrees that the Company may deduct such fees from the account immediately upon due date. Whereby, the customer agrees to maintain the amount in the account sufficient for the deduction of such fees.

 

3.2 Any payments made through account for the use of the SMARTSWIFT must be made in Thai Baht only.

 

3.3 For international money transfers, payments must also be made in Thai Baht. However, the money can be received in the currency permitted in the destination country where the exchange rate will be provided by the Company.

 

3.4 In case of international money transfers, the customer agrees that he/she will be offered with option to transfer funds in foreign currency. In addition, the customer agrees to transfer funds in the currency chosen by the service user.

 

3.5 In case of international money transfers, if the beneficiary point in the destination country limits payout to a particular currency, the Company will notify the customer in advance. Customer agrees that if he/she can payout in the currency chosen by the customer because of such restrictions, it shall be deemed that the Company has already notified the customer in advance. Customer and/or any other person shall not have any right to make any claim from the Company. The customer shall have the responsibilities to withdraw money in the currency informed by the Company.

 

3.6 In case of international money transfers, if customer prefers to payout money in a currency other than Thai baht, the customer agrees that he/she will be offered an exchange rate between Thai Baht and the another currency intended to be withdrawn. In addition, the customer agrees to use such exchange rate.

 

  1. Use of Money Transfer and Payment Services

 

4.1 Money Transfer Service

 

4.1.1 Customer must make a transaction via Application to payment or transfer money from the account opened with the Company to the destination according to the specified procedures and methods.

 

4.1.2 Customer acknowledges and agrees that, in using the service, the Company will charge fees from customer separately from the transactions requested by the service user. Customer can check the fees via channels specified by the Company. Such fees will be deducted from the account balance of the customer as once as he/she requests to transfer money.

 

4.1.3 The amount that can be made per transaction is as specified by the Company. The amount of money transferred from the account shall not exceed the limit amount per day which the customer can check in the contact channel stipulated by the Company in Clause 11.

 

4.1.4 In case, the Company finds that the money in the service user's account insufficient for the amount requested to be transferred or transfer fees, the Company reserves the right to refuse service for the customer for the time.

 

4.1.5 If the Company's service is interrupted due to system malfunctions, the Company will refund money to account of customer automatically within fourteen (14) business days after being notified.

 

4.1.6 In case, the Company finds that the money in the service user's account insufficient for the amount requested to be transferred or transfer fees, the Company reserves the right to refuse service for the customer for the time.

 

4.1.7 In case, the money transfer is successful, the Company will issue a proof of transfer in electronic form to service user. Details of the proof of transfer will be recorded on the transaction history page.

 

4.1.8 Customer can view past transactions for three (3) months through the application. In addition, customer can request past transaction within the period specified by the Company by notifying his/her request through the contact channels specified by the Company. In this regard, the customer will receive evidences of transactions via the registered e-mail address.

 

4.1.9 Under general legal or regulatory requirements, international money transfers usually take no more than five (5) business days for normal wire transfers. For some countries or periods of times, service may be delayed or subject to other restrictions which will be announced to the Customer from time to time.

4.2 Payment Service

 

4.2.1 Customer can use the SMARTSWIFT to pay for goods or services with merchants that have cooperation contract with the Company with prepaid funds in SMARTSWIFT account.

 

4.2.2 In case, the Company finds that the money in the service user's account insufficient for the amount requested to be transferred or transfer fees, the Company reserves the right to refund service for the customer for the time.

 

4.2.3 Customer can make payment for goods or services not less than the minimum amount or not more than the maximum amount per transaction per day and per month as specified by the Company. In this regard, the Company has the right to change the minimum and maximum amount by notifying the customer not less than thirty (30) days in advance.

 

4.2.4 In case, the money transfer is successful, the Company will issue a proof of transfer in electronic form to service user. Details of the proof of transfer will be recorded on the transaction history page.

 

4.2.5 The Company reserves the right to refuse to conduct payment transaction in the following cases:

1) Payment for certain goods or services which have been suspended; or

2) Payment for goods or services which are overdue and past due; or

3) Payment for goods or services that is contrary to law, good morals, service provider's requirements or any other terms specifically specified by the Company, or

4) Payment for goods or services in excess of the number of transactions per month as specified by the Company.

 

4.2.6 Proof of transfer shall consist of at least the following details:

1) Name of company “33 Remittance Company Limited”;

2) Transferred amount, details referring to the money transfer, such as sender name and receiver name;

3) Date, month, year and time of issuing proof of transfer;

4) Display message or transaction code such as “successful” or “unsuccessful”;

 

Customer acknowledges that the Company is only a service provider in facilitating payments of goods or services or money transfer according to the order of the customer only. If there is a problem related to the receipt of payment for goods or services or defective products or services or any dispute, the customer must contact the vendor or service provider and resolve the dispute between themselves.

 

 

  1. Liability and Limitation of Liability

 

5.1 The Company does not warrant that access to and use of SMARTSWIFT will be continuous, uninterrupted, without delay or erroneous. In addition, the Company does not certify that the application is free from software intended to harm the system or data in the service user's system, such as viruses, trojan horses, or other malicious files (collectively called “Defects”). However, whether such defects are caused by individuals or technical difficulties or other force majeure events, the Company will not responsible for any damages or loss resulting from those defects in all cases.

 

5.2 The Company shall not responsible for any damages or loss of money in the account due to the fact that mobile phone or any other device of the customer was lost, stolen or deceived or from any other force majeure. Customer must inform the Company to freeze the account immediately by requesting to suspend the use of money in the account by him/herself through the channels specified by the Company.

 

5.3 The Company reserves the right to consider disallowing customer to use SMARTSWIFT, including the right to change or suspend the service, whether in part or in whole, at any time to customer without having to give notice or reason for the change or suspension.

 

5.4 This application is intended for dissemination, provide exchange rate information and is a facilitating tool for international money transfers only. The Company does not provide legal advice or opinions including not giving advice on trading or investments related to exchange rates displayed in this application. In addition, the Company shall not be regarded as a broker or agent of customer and shall not be deemed to be involved in any transactions between customer incurred directly or as a result of the use of this application in any way.

 

Contents displayed on this application is presented on an “as is” basis, the Company makes no representations or warranties of any kind, whether directly or indirectly, for completeness, accuracy, up-to-date or credibility of the contents and information or warranties of any effect from the use of contents or this application, including the suitability of use. The Company shall not responsible for any loss or damages, including not responsible for any profits or losses arising from the use of the application and/or contents of information contained in this application under any circumstances.

 

5.5 Any articles or contents published in the application is the copyright of each composing customer which the Company is authorized to publish. Contents, links, images or any other story as well as comments or the views contained in the article are opinions or point of views of each composing customer and is not related to the Company or shows that the Company agrees, accepts or supports such opinions.

 

 

5.6 Other than as set forth in these terms and conditions of services, the Company, its directors, managers, executives, employees, staffs and representatives will not be liable for any errors in the application and shall not be liable for the consequences of any omission in connection with this application whether caused by contract, tort, negligence or any other causes, even when the Company is being notified of such damage.

 

  1. Representations

 

6.1 Customer certifies that the information provided to the Company in accordance with Clauses 2.1 and 2.2 of these terms and conditions and any other information that the customer submitted to the Company are correct in all respects. If it is found that the information is false and/or impersonating as other person, regardless of whether such person agree or not to apply to become the service user. The Company reserves the right to suspend or cancel the service immediately and the customer will be responsible for compensation whether the fraudulent is intentionally or not.

 

6.2 Customer certifies that they agree to be strictly bound by and cooperate in compliance with the requirements, announcements and regulations of the Bank of Thailand, Anti-Money Laundering Office or any legal provisions relating to the implementation of these terms and conditions, presently and/or to be held in the future.

 

6.3 Customer certifies that, after he/she authenticates his/her identity by comparison of biometric data by face recognition, any transactions conducted under service user's account through the process of face recognition shall be deemed action of the customer him/herself and details of the transaction is completely correct. If there is any damage arising from such transaction, the customer agrees that the Company shall not responsible for any damage.

 

6.4 For the purpose of verification and authentication, customer certifies that the identity card used for identity verification is the identity card of the customer which provides the service user's true and current personal information. Image shown on the card represents the current appearance of the customer and does not differ due to cosmetic surgery or any other actions that alter the appearance of the service user, and can accurately specify the identity and nature of the customer during identity verification in accordance with the procedures specified by the Company.

 

 

 

 

Nonetheless, if the appearance of the customer changes due to the above actions, and as a result, the verification and identification system cannot verify the service user. Customer agrees and acknowledges that the Company has the right to refuse to activate or provide services or transactions for service user. In addition, the customer agrees not to raise such cause as a claim or take any other action against the Company.

 

  1. Suspension and Cancellation of Service and Refund

 

7.1 Under applicable law, sender may be prohibited from doing business with certain people or countries. The Company is obliged to verify all transactions with the lists of designated persons provided by the governments of the countries and jurisdictions in which we do business, including: Office of Foreign Assets Control (OFAC) of the Treasury Department, United States of America, the European Union and the AMLO, etc. If the name of person involved in the transaction is being found on the list, the Company will analyze the transaction to determine whether the listed person is the same individual in the relevant transaction. For this purpose, the Company has the right to request additional details and proof of identification from the specified sender or Beneficiary. This may delay the transaction in some cases. The Company may be required to withhold any amount received in case such refund will violate applicable law (including regulations aimed at preventing fraud, money laundering, or terrorist financing).

 

7.2 Customer has the right to cancel the transfer order via the Company within fourteen (14) days. The cancellation request must be notified to the Company in writing via email at support@smartswift33.com. However, the right of cancellation cannot be applied if the Company has already made payment to the Beneficiary before the service user's cancellation request was received. The Company will refund principal of the transferred amount to the customer and will not charge any cancellation fees. However, the Company will not refund the transfer fee to the service user. If the money transfer order is canceled at the request of the service user.

 

7.3 The Company will refund transferred amount to the customer at the exchange rate announced by the Company at the time of the refund but at least according to the value of the transferred amount as long as the fund has not been transferred to the transferee. Refund method shall be at discretion of the Company. In general cases, the money will be transferred to the bank account of the transferor, and in some cases the refund may be required to be processed at the Company's branch.

 

 

7.4 The Company is responsible for customer in order to complete the remittance order according to these terms and conditions, the Company will refund the transferred amount and transfer fee to the customer if the said money transfer transaction is unsuccessful or caused by the Company's error.

 

7.5 The Company reserves the right to suspend or cancel the service of the customer without having to provide prior notice to the service user. In addition, the Company reserves the right to terminate the service by closing the service user's account immediately. Nonetheless, this will not deprive the Company's rights to receive compensations and damages from termination of this contract due to the actions of the applicant in one of the following cases:

(1) Customer has used and/or provided false information when subscribing to become customer or provide fake document to the Company.

(2) Customer violates any terms or conditions that may cause damages to the Company.

(3) The Company has reasonable grounds to suspect that the customer commits an illegal act or is involved in an illegal act.

(4) Customer become insolvent, under receivership or become bankrupt.

Termination of this SMARTSWIFT does not prejudice any rights, obligations or any claim that is lawful under these terms and conditions of service prior to the termination of this service.

 

7.6 The Company is not involved or responsible for all damages that will occur due to suspension and/or termination of the service provided to service user.

 

  1. Ownership and Intellectual Property

 

8.1 All the information displayed in the application, such as texts, images, data tables, graphs, prices, exchange rates, trademarks, graphics, sound, design of application screen, user interface. Any information in any form and program software in this application, (collectively referred to as “Content”) shall fall under the title of the Company or person granting permission to the Company. These contents are protected by intellectual property rights and/or other proprietary rights under the laws of Thailand and other countries regardless of whether it has been registered or not. In addition, the customer has the right to only view and use the contents for personal benefit and must not use it for commercial gain or take any other action that will cause the Company to lose benefits unreasonably unless authorized by the Company in advance in writing. The customer shall comply with the terms and conditions of services set forth herein including other specific restrictions imposed or may be imposed on certain types of content as stated on the displaying pages.

 

In this regard, the use of trade names, trademarks, service marks and other marks of the Company, including any intellectual property included in this application, for any purpose, the customer must obtain the Company's prior written consent before proceeding.

 

8.2 All trade names, trade names, product names, trademarks, service marks and other marks, as well as any other intellectual property rights included in this application in addition to the intellectual property of the Company which have been compiled or made available for use as components of this application are for the purpose of decorating the appearance of the application. The Company, as an application service provider, does not intend to violate anyone's commercial or intellectual property rights.

 

8.3 Unless otherwise stated in this application, all contents, files or documents included in this application. Customer shall only be entitled to view, download, upload content and print such content only for the benefits of personal use and not for commercial gain. In addition, the customer agrees to keep all statements relating to copyright and other proprietary rights included in this application. Customer must not copy, store or download the content, whether in the form of documents or in any other electronic media for the purpose of transmitting, transferring, creating, publishing, printing, copying, modifying, creating the works which have been developed, displayed, distributed, sold, sublicensed, rented, leased, or otherwise transferred to any third party, regardless of whether such action is for commercial benefits or any other benefits, unless prior written consent of the Company has been obtained before proceeding.

 

  1. Other Agreements

 

9.1 The provision of this SMARTSWIFT is linked to functions, features, or websites provided by third parties (collectively referred to as “linked websites”). These links are for the convenience of the customer only. The linked websites do not represent that they are supported, under control of or the responsibility of the Company. The Company does not certify the correctness or credibility or the safety of the linked websites. The Company is not liable for any loss or damage that the customer receives from using or linking to such websites. Customer is requested to study the terms and conditions of services of the linked website.

 

9.2 Personal data of customer for using the SMARTSWIFT, such as information that the customer used when making registration for the service application and/or any other data of customer are protected under the Privacy Policy. Customer can learn more information from Personal Data Protection Policy of the Company.

 

9.3 The Company has chosen to use security measures and technologies to maintain transactions on the Internet network to protect data of the customer during data transmission through the communication network or from data theft by any person or other network that is not authorized to connect to the Company's network such as Firewall and Secured Socket Layer (SSL) encryption, etc.

 

9.4 In order to allow the Company's services to comply with the security policy and these terms and conditions, if the Company finds that any transaction is incorrect or is considered to be acting in bad faith by any means. Customer agrees that the transaction amount will be confiscated/seized in the system. However, after considering the evidences and there is a reason to believe that any person is the actual owner of the money. The Company has the right to immediately refund the net amount after deducting service fees and expenses to the actual owner of the fund. The customer agrees to cooperate in the review of documents and information as requested and agrees that the Company suspends the service user's account temporarily.

 

9.5 Customer shall not assign his/her rights, duties, benefits or claims in all or any part of the service to other people without written prior consent of the Company.

 

9.6 If any terms, conditions or provisions in the agreement or any part of these terms and conditions are void or invalid under any law, it shall not affect the remaining terms, conditions or provisions of the agreement which shall continue to be effective and valid.

 

9.7 Translation of the terms and conditions of service into any languages is intended for the convenience of customer only. It does not intent to amend the terms and conditions of services. In case of contrary or inconsistency between the Thai version and other languages, the Thai version shall prevail.

 

  1. Governing Law

 

These terms and conditions shall be governed by and construed in accordance with the laws of Thailand.

 

  1. Contact Channel

 

11.1 Branch Office

11.2 Website (www.smartswift33.com)

11.3 Tel. 02-114-8282

11.4 E-mail: support@smartswift33.com