Terms of Service of ACU Pay Wallet (User Agreement)
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, Ratchadaphisek
Road, Din Daeng Sub-District, Din Daeng District, Bangkok (hereinafter in this Terms of
Service shall be referred to as the "Company") as one part, and (2) the user of ACU Pay Wallet
(hereinafter in this Terms of Service shall be referred to as the "User") as the other part,
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account, both shall be conveniently deposited and withdrawn through the ACU Pay Wallet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). Prior to 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-xxx-xxxx 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 exists, or has occurred prior to the effective
date of termination or suspension of the Service, or any part of such service.
2. General Terms and Conditions
2.1 In order to subscribe 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 enter their first-last name, email address, mobile
phone number, address, occupation, workplace, date of birth and identification number of their
own identification card, as well as other information as required by the Company or to be
required further in order 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 enter their passport number and submit a passport photo with a remaining
validity of more than 6 (six) months, including other information as required by the Company,
or to be further required in order to achieve the Company's service objectives and/or and meet
requirement of the related laws.
Once the User has filled in the above information, the User is required to fill in alphabets,
characters, numbers, 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 transaction 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 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 use transact with the User
whose nationality residency 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 In the event that 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 cancelled,
revoked, changed, or amended, and the User must be bound by such transaction in all respects.
2.5 The User acknowledges that in order to use the Service, if the wrong password has been
consecutively entered for more than the number of times provided by the Company, the Company
will automatically suspend the use of service immediately. The Users will be able to continue
using the Service only if he/she inform the Company of the commitment to the Company in
accordance with the conditions and procedures set by the Company in requesting a new password.
2.6 In the event that the User forgets the password or requires to change the password for any
reason, the User must immediately notify the Company in accordance with the method specified
by the Company. However, the above actions will not affect any transactions that have already
been made prior to 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 or 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 be in accordance with 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 is insufficient funds in the
User's account for deducting to correct the mistakes made in accordance with this clause. The
Company has the right to suspend the service to the User until the User's account has
sufficient amount of money and the Company has already debited money from the User's account.
In the event that 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 claimor 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 deem
appropriate to perform an audit. In the event that the Company discovers or is aware of any
circumstances, as follows:
2.10.1. In the event that 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. In the event that 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 In the event that 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 is 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 in accordance with
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 duty to comply with the Anti-Money
Laundering and Suppression Act and the Law on the Prevention and Suppression of Financial
Support for the Formation of Hundreds 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
of 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 withhold
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 card 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 cancelled, 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 "Items", 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 "Items" and 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 of 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 per month will depend on the user's level of authentication of the User
3.4 The User cannot cancel the withdrawal request.
3.5 In the event that the Company detects that the money in 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
cause, the User acknowledges that the Company shall not refund such transaction fees unless
the withdrawals are not made due to a disruption from the Company's system or the Bank.
4. Terms and conditions in using service of binding account in the Application
4.1 The User will be able to link any Bank Account to the User's ACU Pay Wallet account only
if the User already have the ACU Pay Wallet account. The Company reserves the right to provide
services only to Banks that the Company provide the service which connected to accounts.
4.2 The User agrees and acknowledges that once the User has successfully linked any Bank
Account to the User's account, the Company may access the User's Bank Account information in
order to display such information on the Application page of the User's device or on any other
channel as specified by the Company. This is to facilitate the User to use the service to link
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 link
with the User's account to be no more than 5 (five) Bank Accounts per account.
4.4 The User is not obliged to pay for any account-linking fees. However, in order to initiate
the use of the service for some 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 linked 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 debited money from such account which linked to the
User's account.
5. Termination of service, Cancellation and Suspension of service.
5.1 In the event that 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 set forth 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.
In the event that 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 notcomply 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 In the event that 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, orIf 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 in accordance with the method specified by the Company. However, if
the said period of time 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 in accordance with 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 In the event that the User is of 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.
In the event that the User is a foreigner, the User warrants that the User has reached 15
(fifteen) years of age and has the ability to be bound by this Termsof Service and/or enter
into any contracts related to the use of the services in accordance with 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 are in violation of 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 in accordance with 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 in accordance with 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 own action and such transaction is complete and
correct. If there is any damage incurred from theaforementioned transaction, the User
acknowledges that the Company is not responsible for such damage.
6.5 For the purposes of 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 actually 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 agree 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 for the purpose of considering 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 UserĀ 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 responsiblefor 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, or 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 linked 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 linked 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 contactchannels that the User have 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 personal 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,
in the event that the Company has a necessity 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 XXXXXXXXX (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 the purpose of
verification/identification in the prevention of crime, fraud, and suspected financing support
of terrorism or money laundering in accordance with the Company's policy and other relevant
laws.The Company will process biometrics of the User in accordance with the law and in
accordance with appropriate security standards under the Company's personal data protection
policy.
10. Language
This 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 this 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 in accordance with 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
In the event that 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.