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TERMS & CONDITIONS

Brunphil Express Online Terms and Conditions

THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE BRUNPHIL EXPRESS ONLINE APPlLICATION AND THE SERVICES AVAILABLE ON THE BRUNPHIL EXPRESS ONLINE WEBSITE.

IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. THEY CONTAIN LIMITATIONS ON THE SCOPE OF OUR OBLIGATIONS TO YOU, AS WELL AS LIMITATIONS ON AND EXEMPTIONS FROM OUR LIABILITY TO YOU IN THE EVENT THAT YOU SUFFER LOSS AS A RESULT OF USING OUR SERVICES. WE HAVE HIGHLIGHTED IN BOLD THOSE PROVISIONS WHICH DO THIS.

As used in our Terms and Conditions, the terms:

(a) "bank card" refers to a debit card issued by or through the service is offered.

(b) "card issuer" refers to the issuer and owner of a bank card.

(c) "Prohibited Purpose" refers to any unlawful purpose; to making or receiving payments for gambling services, gambling chips or gambling credits; or to sending a payment to yourself as the Receiver in order to evidence financial soundness (RISK OF FRAUD); or sending or receiving money on behalf of someone else.

(d) "Receiver" refers to the person identified as the beneficiary of a money transfer (whether that money transfer is initiated by a Sender using the Brunphil Express Online Service or by a person using another Brunphil Express money transmission service).

(e) "Sender" refers to the person who initiates the carrying out of a money transfer by using the Brunphil Express Online Service.

(f) "transaction" refers to each money transfer that you initiate under, and each other use that you make of, the Brunphil Express Online Service.

(g) "Brunphil Express" “Brunphil”, "we", "our" or "us" refers to Brunphil Express Pte Ltd; and in references in connection with its provision of the Brunphil Express Online Service or Brunphil Express Website.

(h) "Brunphil Express Online Service" refers to any or all of the services which are made available by us by means of the Brunphil Express Online App.

(i) "Brunphil Express Online Site" or "site" refers to the Web site operated by us to provide online money transmission services and related information facilities.

(j) "you" or "your" refers to any person who uses the Brunphil ExpressOnline App or the Brunphil Express Online Service, whether as a Sender or as a Receiver.

1. About The Service

1.1 The Brunphil Express Online Service is offered by Brunphil Express.

1.2 Brunphil Express app is supervised by the AXIS group.

1.3 Brunphil Express Private Limited is an Singapore registered company Reg.199707428N with its registered address at 304 Lucky Plaza, Orchard Road #02-83/84 Singapore 238863. Brunphil Express offers money transfer services to Indonesia, Malaysia and the Philippines. You must be of majority age to use the Brunphil Express Online Service. Each money transfer will be given a unique identifier, the Control Number or “Reference Number.” Money transfers will normally be paid in cash, or into an account or door to door the Sender authorizes.

1.4 By completing the information required to send a money transfer, by providing access to the funds to be sent as well as identification as required and by accepting the Terms and Conditions, the Sender consents to the execution of the money transfer. The Sender is required to inform the Receiver about the money transfer.

1.5 Regular money transfers are usually available within minutes for pick up, subject to hours of operation of the payment location. Where the “Real Time” or “Next to 2 Day” Service is available, funds will be available for collection by the Receiver immediately or within 24 to 48 hours respectively from the time the money is sent depending on the type of transaction the remitter avails.

1.6 For collection of funds in cash, all Receivers must show documentary evidence of their identity and provide all details about the money transfer required by Brunphil Express, including name of Sender, country of origin, name of Receiver, approximate sum, the control number, which is mandatory for receiving money and any other conditions or requirements applicable at the Brunphil Express Agent location. Cash payment shall be made to the person that Brunphil Express or its Agent deems entitled to receive the money transfer after examination of identification documents.

1.7 Applicable law prohibits money transmitters from doing business with certain individuals and countries; Brunphil Express is required to screen all transactions against lists of names provided by the governments of the countries and territories in which we do business, including but not limited to the US Treasury Department’s Office of Foreign Assets Control (OFAC), DOW Jones FACTIVA and the European Union. If a potential match is identified, Brunphil Express researches the transaction to determine if the name matched is the individual on the relevant list. On occasion, customers are required to provide additional identification and other information, delaying transactions. This is a legal requirement for all transactions processed by Brunphil Express.

1.8 Transfer fees: Written information explaining how Brunphil Express charges the Sender for making a money transfer is available from the Brunphil Express Online service app, and is shown to the Sender prior to completion of the payment order. Unless applicable law in the destination country requires otherwise, the Sender will bear all fees for the money transfer. In certain cases, payment of a money transfer may be subject to insurance and service charges. In the event of an inconsistency between the account number and name of the Receiver, the transfer will be credited to the account number provided by the Sender. Brunphil Express accepts no responsibility to the Sender nor to any account holder for any fees, exchange rates used for conversion to non-local currency, acts or omissions of the destination or intermediary financial service providers.

1.9 Foreign exchange:

(a) Money transfer payments will only be made in the currency of the destination country. All currency is converted to Brunphil’s then current rate of exchange. Brunphil Express calculates its rate of exchange based on commercially available interbank rates plus a margin. Most rates of exchange are adjusted several times daily in line with the relevant closing rate of financial markets globally.

(b)The currency will be converted at the time of transfer and the Receiver will receive the foreign currency amount shown on the official receipt.

1.10 SMS - Brunphil Express does NOT offer SMS notification in indicate that the transaction has been collected by the Receiver (for the Sender) or that funds are available for collection (for the Receiver). The Sender must be the one to give all the details including the Control number to the Receiver.

2. OUR RESPONSIBILITY TO YOU.

2.1 Our agreement with you is that we will take reasonable care to provide the Brunphil Online Service. As such, we agree to provide you with the money transmission services (excluding SMS notification) and the related information facilities described from time to time on the Brunphil Express Online Application.

2.2 We will generally rely without further inquiry on messages that are transmitted through the Brunphil Online App and actually received by us, unless we have actual notice that any such message is incorrect, unauthorized or forged.

2.3 We do not accept any responsibility to you for:

(a) The goods or services which you pay for by using the Brunphil Online Service. We strongly advise that you do not use our service to pay for goods purchased from an online seller that you do not know.

(b) Malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us.

(c) Any losses or delays in transmission of messages arising out of the use of any Internet access service provider or caused by any browser or other software which is not under our control

(d) The services provided to you by your card issuer

(e) Viruses caused by third parties

(f) Errors on the Site or with the Brunphil Online Service caused by incomplete or incorrect information provided to us by you

(g) Any unauthorized use or interception of any message or information before it reaches the Site

or

(h) Any unauthorized use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data); The contractual relationship between us does not extend to the benefit of the Receiver and the Receiver does not have an independent right to demand payment

2.4 We have no obligation to you to initiate or perform a money transfer or other transaction as part of the Brunphil Express Online Service if:

(a) We are unable to obtain satisfactory evidence of your identity

(b) We have reason to believe that the transaction message is incorrect, unauthorized or forged

(c) You provide us with incorrect or incomplete information or if your transaction message is not given to us sufficiently in advance to allow for timely provision of the requested transaction

(d) Your card issuer does not authorize your use of your bank card for payment of the transaction and our related charges

Your card issuer does not authorize your use of your bank card for payment of the transaction and our related charges

2.5 We may refuse to provide the Brunphil Express’ Online Service (in whole or in part) to you if to do so may breach any Brunphil policy (including policies intended to prevent fraud, money laundering or terrorist financing) and/or any applicable law, order of a court or requirement of any regulatory or governmental authority, body or agency having jurisdiction over us, or if we otherwise consider such action necessary to protect our interests. However, if we refuse to provide the Brunphil Online Service (in whole or in part) for any of these reasons, we will wherever practicable upon request notify you that we have done so and, unless we are prevented from doing so for some legal reason, we will explain why we have done so.

2.6 We may suspend the operation of the Brunphil Online App or the Brunphil Online Service in whole or in part if, in our absolute discretion, we consider it appropriate to do so by reason of any circumstances beyond our control. We undertake that if the services provided by the Brunphil Online App or the Brunphil Online Service are interrupted (whether by us, any third party service provider or otherwise) for any reason we will take reasonable care to minimise the duration of any interruption. Provided we comply with this undertaking, we shall not be liable to you for any loss or liability which may be suffered or incurred by you as a result of any such interruption, even if caused by our negligence, except where any such interruption is caused by our fraud.

2.7 Brunphil reserves the right to change the Brunphil Online Service without notice. Brunphil and its Agents may refuse to provide the Brunphil Online Service to any person without giving a reason, in particular to prevent fraud, money laundering or terrorist financing or to comply with any applicable law, order of a court or requirement of any regulatory or governmental authority.

2.8 We will generally communicate with you through phone or by e-mail.

2.9 We may change our Terms and Conditions from time to time. Each time you send money with Brunphil, you will be provided access to a copy of our Terms and Conditions before completing the transaction. No change which we may make will affect the terms on which you used the Brunphil Online Site, or on which we provided the Brunphil Online Service to you, before we changed the terms on the Site

3. YOUR RESPONSIBILITY TO US.

3.1 You agree to pay our charges for each money transfer or other transaction which you initiate or request under the Brunphil Online Service. Clear information explaining our charges can be viewed at Our charges "Price It" feature, which provides the estimated cost of sending an online money transfer (inclusive of tax).

3.2 You must pay for the principal amount of a money transfer and our charges by using your bank card or via your bank account (where available). Each time you use the Brunphil Online Service, you agree that we are authorized to charge your card issuer or bank account (for account based transfer) for the principal amount of any money transfer and our charges relating to the relevant transaction before we perform the money transfer or other transaction. The amount that we will charge to your card issuer or your bank account will be shown to you prior to the final authorization of the transaction.

3.3 You consent to and acknowledge the following:

(a) The information provided in order to effect an online money transfer is true, accurate, current and complete

(b) You must share the transaction data (amount of money, Your name, Your country, name of Receiver and Control Number) with the Receiver only. You are obligated to ensure that no third party can gain unauthorized access to this information. We recommend that You transfer money only to beneficiaries that You know personally)

(c) You shall not use the Brunphil Online Service for illegal purposes

(d) Within the framework of the Brunphil Online Service You will not request money transfers which violate these Terms and Conditions or any other restrictions of use or terms of use as set forth on the Website

(e) You are personally responsible for keeping Your password and Your user name safe

pursuant to clause 6 below.

3.4 You acknowledge and agree that information about you, and the services we provide to you, may be provided by us from time to time to regulatory or governmental authorities, bodies or agencies where:

(a) We are required by law to do so

or

(b) If we determine that such disclosure may help to combat fraud, money laundering offences or other criminal activity.

6. PASSWORD AND SECURITY

Prior to the first money transfer order You will be asked to provide a password and a valid e-mail address as Your username. The password and the username must not be used by any other person than Yourself. It is Your responsibility to keep Your password and Your username safe as well as all transactions carried out using Your password or Your username. NEVER SHARE YOUR PASSWORD WITH ANYBODY AND DO NOT WRITE IT DOWN ANYWHERE! You consent to notifying Us immediately of any unauthorised use of Your password or of Your username or of any other breach of security, by telephone, as described in clause 5 above). Once You have informed Us of the unauthorised use of Your password or Your username We will immediate take all the necessary steps to prevent any further use of this information. Prompting these steps does not make Us liable for any loss or damage that are the result of Your failure to comply with Your duty in accordance with this paragraph. However, You might be entitled to the reimbursement or credit of a certain amount from Your Card Issuer if Your Bank Card or Your bank account were used in a fraudulent manner.

7. DATA PROTECTION

Your personal information is processed under applicable law and controlled by Brunphil Express Pte Ltd. We use personal information you provide to us when using our products and services, as well as other information that is collected or generated during our relationship with you. This includes information from other services like money transfers, bill payments, loyalty or membership program details, previous use of our services history, and marketing choices. This information is used to provide you with the services you have asked for and for activities such as administration, customer service, anti-money laundering, compliance and legal duties, validate your details, to help us understand our consumers by doing analysis and research of the information we hold, to help prevent and detect fraud, debt and theft, to help us improve our products, services and operations. By providing your home telephone number, home address, email address and/or mobile telephone you expressly consent to Brunphil Express contacting you from time to time by telephone, post, e-mail or SMS/MMS messaging and targeted or personalized messaging (e.g. on social media and other digital channels) with news, offers, services and promotions concerning Brunphil Express Services. You understand and agree that any charges imposed by the provider of such services are your sole responsibility. You can withdraw your consent at any time.

Brunphil may also use, collect from and share with other businesses that work with us, information from other products and services and convenience and/or rewards programs, for which you have registered. This information may be used for any of these purposes in this section. We will hold and retain the information that you give us about another person including the details of the receiver of our services in order to execute the transaction. Prior to providing this information you are obliged to notify and secure authorization from the other person on our use of this information as set out in this section. The provision of this information is optional information, but needed to execute the transaction and provide these services to you. Without it Brunphil is unable to provide the money transfer, facilitate convenience activities or other requested services.

We may provide the information we hold to parties located outside Singapore, including the Philippines, Malaysia, Indonesia for the purposes set out in this statement. The categories of data transferred are personally identifiable information, contact details and information relating to the money transfer, transaction history, and any other Information supplied by you. We may also provide the information to other organizations, including those that help us run our business, if there is a reasonable need to do so, to carry out or aide the money transfer, future services, or for any of the reasons or uses set out in this section. We may add to information you provide with information from other businesses or individuals, including information to validate the accuracy of your information provided by you. Brunphil and our affiliates worldwide may disclose your personal information, including without limitation your name, customer ID number, address, transaction patterns and bank account information, (i) if we are required to do so by domestic or foreign law or legal process or (ii) to law enforcement authorities or other government officials (including those in this country, the Philippines, Malaysia, Indonesia or elsewhere) for purposes such as detecting, investigating, prosecuting and preventing crimes, including money laundering and related criminal activity, and the recipients may further disclose the information for these and other related purposes.

The information we hold may be accessed by Brunphil and our affiliates including but not limited to Brunphil, for any of the reasons set out in this section or for other purposes to which you have agreed. You have a right to ask us to see and get a copy of your information, for which we may charge a small fee. You can also correct, erase or limit our use of the information which is incomplete, inaccurate or out-of-date. And you may object at any time on legitimate reasons to the use of your information, where the processing is not required to complete the service, or required by law or regulation. If you wish to exercise these rights or no longer wish to receive commercial communications from Brunphil, please contact Brunphil Express (S) Pte Ltd by calling +65 6735 6204 (available from 9 a.m. to 8 p.m.) or alternatively by contacting us via our website

8. LIABILITY

8.1 We will refund to you any benefit which we receive as a result of any breach of our agreement with you or other wrongdoing (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the principal sum and the service charge.

8.2 If a money transfer is delayed or fails, you may have a right to receive a refund or amend your transaction.

8.3 Your relationship is with Brunphil Express only. You agree that no affiliate or agent of Brunphil Express Pte Limited owes you any duty of care when performing a task which would otherwise have to be performed by its agents or you

9. INTELLECTUAL PROPERTY.

The Brunphil Online Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Brunphil Online Site and the Brunphil Online Service shall remain our property and/or the property of such other third parties. The Brunphil Online Site and the Brunphil Online Service may be used only for the purposes permitted by these Terms and Conditions or described on the Site. You are authorized solely to view and to retain a copy of the pages of the Brunphil Online Site for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way distribute or exploit the Brunphil Online Site, the Brunphil Online Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Brunphil Online Site or Brunphil Online Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Brunphil Site (or printed pages of the Site). The name Brunphil and other names and indicate of ownership of Brunphil products and/or services referred to on the Brunphil Online Site are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the Site may be trademarks of their respective owners.

10. LINKS TO OTHER WEB SITES

The Brunphil Online Site may contain links and pointers to other World Wide Web Internet sites and resources (the "Linked Sites"). Links to any Linked Site do not constitute an endorsement by, or association with, us of any third party resources or their contents. Links do not imply that we are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Brunphil. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. We do not represent or endorse the accuracy or reliability of, and expressly disclaim, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk. We will not be liable for any potential issue regarding security, viruses or unwanted e-mail that you may encounter outside the direct control of the Brunphil Online Service.

11. ENTIRE AGREEMENT

These Terms and Conditions, together with all other matters incorporated into these Terms and Conditions by reference, embody the entire agreement and understanding between you and us and supersede and terminate all prior agreements or understandings you may have with us.

12. TRANSFER

We have the right to transfer, assign or delegate our rights and/or responsibilities in whole or in part under our agreement with you to an affiliated company, or any third party, at any time without your consent unless such transfer would reduce your rights and/or remedies or increase your responsibilities and/or liabilities under your agreement with us. You may not transfer your rights and/or responsibilities under your agreement with us without our prior written consent.

13. SEVERABILITY

In the event any one or more of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.

15. GOVERNING LAW

Our agreement with you (as well as the relationship between us before we contract with you) is subject to Singapore law, without prejudice to rules in force in your country of residence which afford greater protection. You and Brunphil agree that as a consumer, within the meaning of the Consumer Protection Act or within the meaning of consumer law of your place of residence, if more favourable to you, the competent court at the place of your residence, habitual residence or work shall have the right to hear and decide any dispute between you and Brunphil.