The Terms of Service of ACU Pay Wallet (hereinafter in this Terms of Service shall be referred to as the “Terms of Service”). This is an agreement between (1) ACU Pay (Thailand) Co., Ltd., juristic person registered no. 0105562054239, head office located at 205/18-19, Ratchadapisek Road, Din Daeng Sub-District, Din Daeng District, Bangkok (hereinafter in this Terms of Service shall be referred to as the “Company”) and (2) the user of ACU Pay Wallet (hereinafter in this Terms of Service shall be referred to as the “User”) to use ACU Pay Wallet (hereinafter in this Terms of Service shall be referred to as the “Service”).

Whereas, (1) the User may make financial transactions with the Company’s electronic funds (hereinafter referred to as the “Money”) or credit account that is tied to the User’s account, both shall be conveniently deposited and withdrawn through the ACU Pay Wallet application (hereinafter referred to as the “Application”) or any channel provided by the Company in conjunction with other legal entities (2). Before the use of the service, the User is obliged to understand this Terms of Service in detail and must regularly check the conditions of the Terms of Service in case of any changes.

However, if any query regarding the Service is needed, please contact us via ACU Customer Service Center, telephone number 02-002-1008, or any other channel as provided by the Company.

1. General Terms

1.1 The Use of the service shall be deemed as acceptance and agreement to comply and bind with the Terms of Service in which the Company may revise or amend the Terms of Service at any time and the Company will notify the User. The use of Service after the revision or amendment shall be deemed as acceptance for each amendment 

1.2 Unless notified or provided otherwise, a new feature, edited, added, or updated to the Service shall be subject to this Terms of Service.

1.3 The Company reserves the right to update or terminate the Service in whole or in part, and whether temporarily or permanently at any time. the Company shall notify the User in advance. However, termination or suspension of the Service or any part of the Service shall not affect any debts that the User still owes to the Company, nor does it negate any rights or liabilities of the Company and User that still exist, or have occurred before the effective date of termination or suspension of the Service, or any part of such service. 

2. General Terms and Conditions

2.1 To subscribe to the service, the User must open an ACU Pay Wallet account (hereinafter referred to as the “Account”) to make transactions and business transactions related to the use of the Service.
     2.1.1. The User with Thai nationality must fill in their first-last name, email address, mobile phone number, address, occupation, workplace, date of birth, and identification number, as well as other information as required by the Company or to be required further to meet the Company’s service objectives and/or related laws.

     2.1.2. The User with nationality other than Thai nationality (hereinafter referred to as the “Foreigner”) must fill in their passport number and submit a passport photo with remaining validity of more than 6 (six) months, including other information as required by the Company, or be further required to achieve the Company’s service objectives and/or and meet the requirement of the related laws.

Once the User has filled in the above information, the User is required to fill in alphabets, characters, numbers, and symbols, including but not limited to biological data as required by the Company (hereinafter referred to as the “Password”), by which the User may later amend them by himself/herself under the procedures and conditions provided by the Company.

In this regard, the Company reserves the right to deny to render services and/or make transactions with the User who are anonymous or use aliases, or when the Company detects that the name registered by the User is a false name. However, the Company reserves the right to provide certain types of services to the User as specified by the Company. In addition, if the User is a foreigner, the Company reserves the right to refuse to render the services and/or make transactions with the User whose nationality, residence, or certain occupations as specified by the Company. The User agrees and accepts that the approval of the subscription and the use of various types of services is at the sole discretion of the Company.

2.2 The User can use the password for the payment of goods and/or service charges, as well as other transactions through the Application.

2.3 The User must keep the password and the information used in the subscription confidential and not disclose or take any action that may cause others to know the password and/or such information. The User agrees that if any transaction is made by using the User’s password, it shall be deemed that such action is taken by the User himself/herself in any case. The Company is not liable for any damages arising from any transaction of the User’s account from the use of the password.

2.4 If the User uses a password related to the use of the service which has been completed. The User agrees and accepts that such transaction could not be canceled, revoked, changed, or amended, and the User must be bound by such transaction in all respects.

2.6 If the User forgets the password or requires to change the password for any reason, the User must immediately notify the Company following the method specified by the Company. However, the above actions will not affect any transactions that have already been made before the notification to the Company.

2.7 The User shall make payment for goods and/or services not lower than the minimum amount or not exceeding the maximum amount per transaction, per day, and per month as specified by the Company.

2.8 The Company reserves the right to deny any transaction of payment or acceptance of payment for goods and/or service charges as follows:

     2.8.1. Payment or acceptance of payment for goods and/or service charges under the name of companies or other persons as specified by the Company, or;

     2.8.2. Payment or acceptance of payment for goods and/or service charges of some certain type which its outstanding is overdue debts, or;

     2.8.3. Payment or acceptance of payment for goods and/or service charges of some certain type which are partial payments, or;

     2.8.4. Payment or acceptance of payment for goods and/or service charges against laws, public order, good morals, or any other provisions as may be specified by the Company, or;

     2.8.5. Payment or acceptance of payment for goods and/or service charges exceeding the number of items specified by the Company per month. The terms of payment of goods and/or service charges shall follow the requirements of each seller and/or service provider.

2.9 In the event of a mistake in deducting money and/or transferring money to the User’s account arising from the Company, the User consents to the Company in correcting the mistakes, including but not limited to deductions from and/or transfers of money to such accounts. The Company shall notify the User in advance about the cause and mistaken amount. The User agrees to fully repay the Company if the Company finds that there are insufficient funds in the User’s account for deducting to correct the mistakes made following this clause. The Company has the right to suspend the service to the User until the User’s account has a sufficient amount of money and the Company has already debited money from the User’s account.

If a mistake in deducting money and/or transferring money to the User’s account is not caused by the Company, the User will investigate and claim 

or refund such money directly to the User’s disputed person, and if the User has any dispute and/or claim, it shall be settled with the disputed party of the User.

2.10 The Company reserves the right to temporarily suspend the User’s account as deemed appropriate to perform an audit. If the Company discovers or is aware of any circumstances, as follows:

     2.10.1. If the Company has convincing evidence to believe that the User has received money into the User’s account due to a mistake in the transfer of money by other users, or

     2.10.2. If the Company has reasonable grounds to believe that the User has received money into the User’s account from illegal activity or attempted offense as stipulated by law or any other offense that may cause damage to the Company or any other person.

     2.11 If the Company detects that there is insufficient money in the User’s account to pay for goods and/or service charges, or that goods and/or service charges are below the minimum spending amount specified by the Company, or the cost of goods and/or service charges is exceeding the limits set by the Company for the User at any time. The Company has the right to suspend the service to the User at that time.

2.12 The Company reserves the right to suspend or terminate the User’s services without prior notice to the User if the Company finds any occurrence of circumstances under Clause 6.2 of this Terms of Service.

2.13 The Company which is an operator in the electronic money business under the Anti-Money Laundering Act B.E.2542 (A.D.1999), including notification and related guidelines that are currently in force and/or come into force in the future has to comply with the Anti-Money Laundering and Suppression Act and the Law on the Prevention and Suppression of Financial Support for Terrorism and the Proliferation of Weapons of Mass Destruction. Therefore, the User must present his/her identity by registering and providing proof of such information so that the Company can examine, verify the identity, and prove the facts of the evidence in full and accurate accordance with the law. If the User fails to register or shows evidence within the stipulated time and/or the Company is not able to prove the identity of the User, the User consents to the Company suspending the service or temporarily withholding transactions of the User until the User registers and provides complete and accurate evidence of information as required by law or the Office of Anti-Money Laundering. If the User fails to register or provide the above evidence within 90 (ninety) days from the date on which the Company proceeds to suspend or refrain from the above. The Company reserves the right to terminate the user’s account and/or take any other action as deemed appropriate by the Company.

2.14 The Company reserves the right to change the criteria of approval and limit the number of an account per 1 (one) identification number or passport number as deemed appropriate by the Company without giving the User any reason.

2.15 The User acknowledges that in the following cases: The User will no longer be able to make any transactions with the User’s account.

     2.15.1. The mobile phone number of the User registered with the Company has been suspended. The User will not be able to make any transactions with the User’s account until the suspension of the service has been canceled, or;

     2.15.2. The User changes the mobile phone number registered with the Company or cancels the use of the registered mobile phone number or such mobile phone number has been canceled for any other reason. In any of the above cases, the User acknowledges that the User is required to remove money from the User’s account before changing the mobile phone number or before such mobile number is suspended or canceled and closed, otherwise, the Company shall not be liable for any damages that may occur to the User.

2.16 The User can examine transactions for the past 6 (six) months through the Application in the list of “Transactions”, and the User can request past transactions lists within the time specified by the Company by requesting via ACU Pay Customer Service Center or other channels as specified by the Company. The User will receive proof of transactions via the Application in the list of “Transactions” and a notification from the Application, which will appear on the User’s device (Push Notification). Proof of transaction means a statement and any other evidence made by computer and media or any other storage materials or other evidence set out by the Bank of Thailand in the future. Proof of transaction is considered confidential information that the User should not disclose to third parties.

2.17 The User may inquire about the information of service and/or report any problems in using the service at ACU Pay Customer Service Center or any other channel as specified by the Company. 

3.Terms and Conditions of using the Bank Account withdrawal service

3.1 The User is required to make a transaction through the Application to request for withdrawal of money from the User’s account into the Bank Account specified by the User following the procedures and methods prescribed by the Company.

3.2 The User acknowledges and agrees that in withdrawing money from the User’s account into the Bank Account specified by the User, the Company will charge a fee at the rate specified by each Bank and deduct it from the User’s account.

3.3 Subject to Clause 2.8, the amount of money that the User can transfer per transaction per day and month will depend on the user’s level of authentication of the User

3.4 The User cannot cancel the withdrawal request.

3.5 If the Company detects that the money in the User’s account is insufficient to the amount requested for withdrawal and the withdrawal fee, the Company reserves the right to suspend the service to the User at that time.

3.6 If the Bank’s system is disrupted causing the Company’s services to be unable to operate normally, the Company will automatically refund the User’s account within 3 (three) business days after being notified by the Bank.

3.7 In case the User has submitted a withdrawal request and cannot transfer the money in any case, the User acknowledges that the Company shall not refund such transaction fees unless the withdrawals are not made due to disruption from the Company’s system or the Bank.

4. Terms and conditions in using the service of binding account in the Application

4.1 The User will be able to bind any Bank Account to the User’s ACU Pay Wallet account only if the User already has the ACU Pay Wallet account. The Company reserves the right to provide services only to Banks that the Company provides the service connected to accounts.

4.2 The User agrees and acknowledges that once the User has successfully binded any Bank Account to the User’s account, the Company may access the User’s Bank Account information to display such information on the Application page of the User’s device or any other channel as specified by the Company. This is to facilitate the User to use the service to bind such accounts under this Terms of Service.

4.3 The Company reserves the right to limit the number of Bank Accounts that the User can bind with the User’s account to no more than 5 (five) Bank Accounts per account.

4.4 The User is not obliged to pay for any account-binding fees. However, to initiate the use of the service for certain Banks, the Company may test the account by deducting money from such accounts as an identification process and will immediately refund the User without any charge of expenses from the User. 

4.5 When the User has successfully binded any Bank Account to the User’s account if the User makes a prepaid transaction of the User’s ACU Pay account with such Bank Account, the User agrees that the Company shall immediately debit money from such account linked to the User’s account.

5. Termination of service, Cancellation, and Suspension of service.

5.1 If the User wishes to terminate the service, the User must notify his/her intention via ACU Pay Customer Service Center or other channels as specified by the Company and proceed with the method specified by the Company. If there is still money remaining in the User’s account and the User has not violated this Terms of Service, the Company will refund the remaining amount to the User after deducting any fees (if any) within the period specified by the Company, but not later than 15 (fifteen) business days by transferring the money to the User’s bank account as specified by the User to the Company. In this regard, the Company reserves the right to charge any fees arising from such transfers (if any). The User agrees not to charge any interest or expenses to the Company.

5.2 The Company reserves the right to terminate the service or suspend the service without having to notify the User in advance in the following cases:

     5.2.1 The User uses forged documents or gives false statements to register for the account, including giving false information or using false documents or giving incomplete documents as requested by the Company, or;

     5.2.2 The User died, or;

     5.2.3 The User is a person who has been ordered by a competent official or government agency to seize or temporarily suspend the assets, or is a person who has been charged, accused, or suspected of committing a crime, or;

     5.2.4 The Company has a suspicion that the User committed a crime or attempted to commit a crime as prescribed by law, or any act that may cause damage to the Company or any other person, or;

     5.2.5 When the Company becomes aware of the information about the cancellation of the service of the mobile phone number used to open the User’s account, or;

     5.2.6 The Foreign User with nationality, residence, and certain types of occupations as specified by the Company, or;

     5.2.7 The User violates any condition outlined in this Terms of Service, or;

     5.2.8 The Foreign User whose passport has expired during the Use of Service, or;

     5.2.9 The money in the User’s account is insufficient for the Company to deduct the fees according to the amount charged by the Company, or

     5.2.10 The Company is aware that the User has become incompetent or quasi-incompetent under the law, and does not obtain consent from or to act on behalf of the User’s legal guardian for registering and using the service under this Terms of Service.

If the Company has reasonable grounds to suspect or the Company is obliged to comply with any law, the Company may request the User to clarify information, submit documentary evidence, or any document or any additional documents for the consideration of the Company. If the User does not comply as requested by the Company within the period specified by the Company, or if the Company receives the information documentary evidence, or any additional documents from the User and the Company deems that the User falls under any of the aforementioned characteristics, or if the Company is obliged to terminate the relationship with the User for legal reasons, the Company reserves the right to cancel the service or suspend the service immediately. The Company is not involved or responsible for any damages that may occur as a result of the suspension and/or termination of the service in any way.

5.3 If the Company exercises the right to terminate the service or suspend the service under Clause 4.2 above, the Company has the right to take the following actions:

If the User’s account has no remaining money or the money in the account is insufficient to pay the account maintaining fee, the Company shall deduct the remaining amount of the User’s money as the account maintaining fee and immediately terminate the service, or

If the User’s account has some remaining money, the Company shall retain such money of the User and charge an account maintaining fee and/or a retention fee from the User’s account (as the case may be). The User has the right to claim the remaining amount back from the Company after deduction of the account maintaining fee and/or the retention fee within the period specified by the Company without any interest or compensation from the Company by notifying the Company in advance via ACU Pay Customer Service Center or other channels as specified by the Company and proceed following the method specified by the Company. However, if the said period elapses, the Company reserves the right to act according to the Company’s internal policy. In the event of a refund requested, the Company will verify the correctness and transfer the remaining amount to the User by transferring the money to the User’s bank account or the User’s new account according to the details notified to the Company by the User following the methods and conditions specified by the Company. In this regard, the Company reserves the right to charge fees arising from such transfers (if any).

6. User’s Warranty

6.1 If the User has Thai nationality, the User warrants that the User is legally competent or has obtained legal consent to register for and use the service, including agreeing to be bound by this Terms of Service and/or entering into any contract related to the use of the service. If you are the legal guardian of the User who owns the account, you agree to register for the service and agree to be bound by this Terms of Service and/or enter into any contracts related to the use of the service on behalf of the User who owns the account.

If the User is a foreigner, the User warrants that the User has reached 15 (fifteen) years of age and can be bound by these Terms of Service and/or enter into any contracts related to the use of the services under the laws of the User’s country.

The User and/or the User’s guardian understand that the User is responsible for any financial or other consequences arising or may arise as a result of using the service that the User performs and/or the User’s guardian authorizes a third party to use the User’s registration information, password, or any other information of the User.

6.2 The User warrants that the User will not use the service for any unlawful financial transaction, whether gambling, sex trafficking, money laundering, or account exploitation, whether for the benefit of the User and/or any other person in a characteristic of an agent, or in the way like a channel for depositing and withdrawing cash, or is used to conduct business in various forms, including acts that violate public order or good morals, infringe on the intellectual property rights of others, or is an illegal act, including not to cause any damage to the Application or any network connected to the Application, or not to cause any interference with the use of the Application of any other person, do not try to enter the Application or any network connected to the Application without authorization, either by hacking, stealing, copying, or damaging databases, password mining, or any other means. Therefore, if any damage occurs to the Company or if the Company is liable for any liability arising from the User’s conducting financial transactions through the Company’s services for the above purposes, or from the User’s actions in connection with the aforementioned Application, the Company has the right to suspend or terminate the service immediately, and the User will be responsible for indemnifying the Company in all respects. In this regard, the Company is not involved or responsible for any damages that occur.

6.3 The User warrants that the information provided to the Company under Clause 2.1 of this Terms of Service and any other information provided by the User to the Company is accurate in all respects. If the Company finds that the User has falsified document information and/or impersonated any person, whether they consented or not to register for this service, the Company reserves the right to suspend or terminate the service immediately, and the User will be responsible for indemnifying the Company in all respects regardless of whether the User has any fraudulent intentions or not.

6.4 The User warrants that while the User has verified his/her identity through the Biometric Face Recognition process following the Company’s identification and verification process, the User has done so by the User, not a twin or any other person who looks similar to the User.

The User warrants that any transaction made with the User’s account through the Biometric Face Recognition process is the User’s action and such transaction is complete and correct. If there is any damage incurred from the aforementioned transaction, the User acknowledges that the Company is not responsible for such damage.

6.5 For verification/identification, the User warrants that the identification card used in the verification and identification process of the Company is the identification card of the User, indicating correct, true, and current information. The photo displayed on the card represents the current look of the User. There is no difference due to cosmetic surgery or any other action that changes the User’s appearance and can indicate the identity and character of the User while the User proceeds with the identification procedures specified by the Company. However, if the User’s appearance changes as a result of the above actions, which result in the verification and identification system being unable to verify that they are the same person, the User agrees and acknowledges that the Company has the right to refuse to activate the service or to suspend the service of the User, and the User agrees not to raise such cause as a claim or take any other action against the Company.

6.6 The User warrants that the User agrees to be bound to comply with and cooperate, including agreeing to prepare information and/or deliver documentary evidence or any documents which the Company may additionally request to consider to allow activating the service, providing service, conducting any transactions, or for complying with the requirements, announcements, rules, and regulations of the Bank of Thailand, Anti-Money Laundering Office, or the provisions of any relevant law related to the implementation of this Terms of Service, both existing and/or to be held in the future.

7. Company Limitation of Liability

7.1 The Company will use its best efforts to provide the best service so that the User is satisfied with services. Therefore, if any service of the Company causes an error or delay, whether caused by a computer system, internet system, electronic equipment, or any other system related to the service, including the mobile phone network, for any reason, the User agrees not to raise the aforementioned obstruction as a defense claiming any damages from the Company.

7.2 The User understands that the Company is only a service provider in facilitating payment and/or receiving payment for goods and/or service charges and making transactions according to the User’s instructions. Therefore, if there is a problem with the goods and/or services, or there is a defect of the goods and/or services, or any dispute arises, the User must contact the seller and/or the service provider of the product and/or those services by himself/herself.

In addition, in the service of receiving payment for goods and/or service charges, the Company is not related to or involved in any contracts, terms, or rights and duties which the User and sellers and/or service providers have to each other. Therefore, if a dispute arises due to the provision of payment services and/or services of the Company, including but not limited to overdue payment, partial payment, suspension of service, or any other case, the User must be responsible for and/or resolve disputes by himself/herself. The Company is not involved in any way.

7.3 The Company reserves the right to not be responsible for any loss or damage, whether directly or indirectly, that happens to the data on the mobile phone, mobile phone, or any other device due to the use of the service by the User in any case.

7.4 The Company reserves the right to not be responsible for any loss or damage incurred in the Bank Account binded to the User’s account, including the amount in the User’s ACU Pay Wallet account due to the loss or theft of the User’s mobile phone or any other device, or the User being deceived, or by malware, computer viruses, or by any other electronic attack on the mobile phone, or any other device of the User who uses the service, or from any other force majeure in any cases.

In the aforementioned cases, the User must immediately notify the Company or the Bank to request the suspension of the use of the binded account. In the case relating to the money in the User’s ACU Pay Wallet account, the User can request to suspend the use of money in the account by himself/herself via ACU Pay Customer Service Center channels or other channels as specified by the Company.

7.5 The Company only acts as a service provider who provides services through the Application and other channels (if any) as specified by the Company. If the User has done any act that is illegal and/or causes damage to other people, either directly or indirectly, and whether with intent or not, the User agrees to be liable for actions and/or damage to third parties or those who directly suffer damage.

7.6 The Company reserves the right to not be responsible for any violations relating to data protection laws or any other relevant laws that are caused by the User’s concealment of information or providing information that is not true to the Company, and the User agrees to be responsible for any damages incurred to the Company and/or third parties as a result of such actions entirely and solely.

8. Personal Data

The User agrees and acknowledges that the Company may collect, use, or disclose personal information, including but not limited to information based on the identification card, required contact information, location, biometrics, phonebook information of the User and/or any information that the User has given to the Company and/or in the possession of the Company and/or the Company received or collected from other sources or any other person under the law for the purpose of considering the request to register for an account, verification/identification, use of services, support services, inquiries, statistics, analyzing data research to develop services or provide benefits that may benefit the User in connection with the service, or focus on providing the User with good service, sending information, including any action for any purpose related to the provision of services that the User may be interested in or useful to the User through the notification channel on the Application and the contact channels that the User has informed, the Company has the legal right in connection with the provision of the service and the User acknowledges that the Company may transmit or transfer the User’s data to a legal entity that has control over the Company or is under the Company’s control, and legal entities under the same control as the Company including any juristic person or any other person with whom the Company is a contractual party or has a legal relationship as well as external persons or entities who are responsible for processing personal data both within and outside the country. In this regard, if the Company needs to transmit or transfer personal information of the User to a person or juristic person outside the country that has insufficient standards for personal data protection as required by law, the Company warrants that it shall undertake to have measures to protect personal data that are appropriate and consistent with the standards required by law. The User can check and study other details through the Company’s privacy policy at www.acuthai.com (ACU Pay Link).

9. Consent to process Biometrics

The User agrees that the Company may collect and use the biometrics that the User provided to the Company, such as facial image data, including disclosing it to third parties who are responsible for processing information for the Company for verification/identification in the prevention of crime, fraud, and suspected financing support of terrorism or money laundering under the Company’s policy and other relevant laws.

The Company will process the biometrics of the User under the law and follow appropriate security standards under the Company’s data protection policy.

10. Language

These Terms of Service, regardless of whether translated into any language, are provided only for the convenience of the User and do not intend to modify these Terms of Service. In the event of a conflict between the Thai version and the translation, the Thai text shall prevail.

11. Governing Law

This Terms of Service shall be governed by and construed under the laws of the Kingdom of Thailand without regard to conflict of law provisions.

12. Severability

If any term or condition of this Terms of Service is deemed void or incomplete by any law, the remaining terms and conditions shall be deemed complete and separate from the void or incomplete and shall continue to apply effectively.

13. Non-Waiver

If the Company does not enforce any terms or conditions of this Terms of Service, it shall not affect the rights of the Company in later on enforcing the terms or conditions, and the waiver of the right to exercise terms or conditions of the User shall not be regarded as a waiver of the right to exercise against any breach of the terms or conditions in the future or the waiver of the right in other terms or conditions.