USER AGREEMENT

Version 3
Version 2
Version 1

‍

Version 4

Date published: November 2024
‍

WHY THIS INFORMATION IS IMPORTANT

This is the User Agreement for the Taptap Send mobile application (the “App”) and our services. It also sets out other important things you need to know.

This User Agreement, along with the Privacy Policy, eCommunications Policy and any other terms and conditions that apply to our services, form a legal agreement (the “Agreement”) between:

By signing up for the services and using the App, you are accepting and agreeing to be bound by the Agreement. We provide our services to you through the App. We may provide information and/or our services in other ways too, like through web pages. Our Agreement applies whenever and however you access our services or other information. You can at any time, and at no cost, stop using the App by deleting it or ending the Agreement (see Section 10).

If you participate in any rewards programme you agree to be bound by any separate terms and conditions (for example, our Referral Program).

About us

We are a Delaware corporation registered as a money services business with the Financial Crimes Enforcement Network (“FinCEN”) (registration number 31000180079144) and with money transmitter licences (or the statutory equivalent) in various U.S. states and jurisdictions. A list of licences held by Taptap Send is available here.

Our contact details are: TapTap Send Payments Co., 251 Little Falls Drive, Wilmington, Delaware 19808.

The best way to contact us is by phone, email (support@taptapsend.com) or Whatsapp. Please see the “Support” section of the App or the “Contact Us” section of our website for more details.


1. DEFINITIONS

2. USING THE SERVICES

2.1. The Services allow you to:

2.1.1. open a Taptap Send Wallet to store a balance (in supported currencies), convert funds from one currency to another and withdraw balances;
2.1.2. send international remittances to Recipients via selected Service Providers in Destination Countries; and

2.1.3 purchase Digital Content from us to send it via selected Service Providers to a Recipient.

2.2. To register for the Services, download the App (e.g. from the Apple App Store or Google Play) and follow the instructions.

2.3. Once you have registered for the Services and have logged into the App, you can (subject eligibility):
2.3.1. load money onto your Taptap Send Wallet using a Payment Method, creating a balance;
‍
2.3.2. instruct a refund of your Taptap Send Wallet balance;

2.3.3. submit Payment Instructions by selecting what kind of payment you want to make, choosing your Payment Method, entering or selecting the amount and associated information, then clicking “Send” (or equivalent) on the confirmation page;

2.3.4. view your Transfer History;

2.3.5. purchase Digital Content by selecting the type of Digital Content, choosing your Payment Method, entering or selecting the Recipient and account you want to send it to, enter the associated information and then clicking “Send” (or equivalent) on the confirmation page;

2.3.6. subject to availability, convert your Taptap Send Wallet balance from one currency to another by selecting the currency to be purchased, enter the amount of currency to be exchanged and then click “Confirm” (or equivalent) on the confirmation page (which sets out the applicable exchange rate); and

2.3.7 manage your use of the Services.

2.4. For security reasons, we may require you to re-enter your Security Details or otherwise confirm your identity to finalize Payment Instructions or access certain functions in the App.

2.5. Updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App.


3. YOUR OBLIGATIONS

3.1. You must be 18 years old to use the Services.

3.2. We are required by law to carry out security and customer due diligence checks on you (and other parties for example, the Recipient) in order to provide our Services. We may verify your residential address and personal details to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy. You agree:

3.2.1. to provide us with accurate and truthful information about your and the Recipient’s identity and any identity documents we ask for;

3.2.2. to promptly update your personal information (including your address) if it changes;

3.2.3. to comply with any requests for further information and documents we require; and

3.2.4. that we may, directly or through any third party, make any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports.

3.3. You consent to us processing, transmitting, and using your personal data for the purposes of providing the Services. Please see our Privacy Policy.

3.4. You must make every effort to keep your Security Details safe and prevent unauthorized access to the Services by:

3.4.1. changing your password regularly and ensure that it is not reused for other online services;

3.4.2. not sharing your Security Details with anyone, including us, and letting us know immediately if anyone asks you for your Security Details;

3.4.3. setting up 2-step authentication where prompted;

3.4.4. if you use biometrics (e.g. fingerprint or face identification) to authenticate actions in the App, making sure only your biometrics are registered and can be used in the App;

3.4.5. keeping your email account secure and letting us know immediately if your email address becomes compromised; and

3.4.6. contacting us immediately if you suspect your Security Details have been stolen, lost, used without your authorisation, or otherwise compromised. If this happens you should change your Security Details.

3.5. To contact us quickly, use the details in the “Support” section of the App and/or the “Contact us” section of our website. Any delay in telling us affects the security of your account and data (including your Payment Method) and makes you responsible for any financial losses.

3.6. You must not:

3.6.1. use our Services in connection with illegal activity, including but not limited to money-laundering, fraud, and the funding of terrorist/proliferation activities and/or organizations;

3.6.2. use our Services in connection with sexually oriented materials or services, gambling activities, or buying or selling tobacco, tobacco-related products, firearms, prescription drugs or other controlled substances;

3.6.3. misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful or attempt to gain unauthorized access to our Website, our servers, computers or databases;

3.6.4. create more than one registration without our prior written permission;

3.6.5. use our Services for speculative trading;

3.6.6. use the Services to send Transfers or Digital Content on behalf of someone else;

3.6.7. let someone else use your Security Details and send Transfers or Digital Content through the App (if you do this we’ll have to assume it’s you and, subject to clause 7.3 below, we will not be responsible for any losses you incur as a result of misuse or disclosure of information about your account by that third party);

3.6.8. provide false, inaccurate, or misleading information; or

3.6.9. refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation.
‍

4. TAPTAP SEND PAYMENT SERVICES

Loading the Taptap Send Wallet

4.1. You can load your Taptap Send Wallet using a Payment Method in your name, accepted in the App.

4.2. When you convert funds from one currency to another within your Taptap Send Wallet, we will charge any applicable Service Fees and an exchange rate, as set out in the App at the time of conversion.

Making transfers

4.3. To make Payment Instructions in the App, you must:

4.3.1. provide information about your Transfer including the full name of the Recipient, the Recipient’s account details and the amount to be transferred;

4.3.2. provide the unique identifier for the Recipient’s account (e.g. the account number or mobile number);

4.3.3. select your Payment Method; and

4.3.4. provide us with any additional information we may request relating to the Payment Instruction (for example, any specific reference number requested by a Business Recipient).

4.4. We are not obliged to process any particular Transfer. When you submit a Payment Instruction, you are requesting that we process the Transfer on your behalf and consenting to the execution of the Transfer. We may, in our sole discretion, choose whether or not to accept the offer to process that Transfer.

4.5. When you initiate a Payment Instruction, we will provide you with disclosures notifying you of the Service Fee to be charged (if any), any applicable taxes to be charged by us, and the applicable exchange rate you will receive. The exact amount received by Recipient may also be less due to fees charged by Recipient’s Service Provider and foreign taxes.

4.6. When you click “Send” on the confirmation page you authorise us to debit your Payment Method for the amount of the Transfer, any applicable taxes to be charged by us and any Service Fee, and to initiate the Transfer. If there is an issue debiting your Payment Method yet the Transfer succeeds, you authorise us to debit your Payment Method for the amount of the Transfer, any applicable taxes to be charged by us and any Service Fee at a later date.

4.7. You must make sure all the details are accurate before submission. If you enter the wrong details you will send the Transfer to the wrong account and lose your money, we may not be able to get it back.

4.8. Once you click “Send”, we receive your Payment Instruction and will start to execute the Transfer immediately. You will not be able to change it or, once it has been delivered, cancel it.

4.9. We will treat a Payment Instruction as received at the time you confirm the Payment Instruction, whether or not that is during a business day. It will reach the account of the Recipient as soon as we can get it there (as shown as the ‘data available’ on your receipt).

4.10. Transaction times may be longer in the event that the Recipient’s Service Provider needs to undertake enhanced anti-money laundering checks on the transfer. Delivery times quoted on our website (or elsewhere) are representative for the “normal”/average service and are not a guarantee of an individual Transfer time.

4.11. We will provide you with a receipt after acceptance of a Payment Instruction enabling you to identify the Transfer, along with details of the Recipient, the details of the amount of the Transfer in the currency used in the Transfer, any Service Fees we may charge or any fees that the Service Provider may charge, the amount received in foreign currency, the exchange rate and the date on which the Payment Instruction was received. We will also provide you with details of your error resolution and cancellation rights, and details of your state regulator and the Consumer Financial Protection Bureau should you wish to complain about our services.

4.12. If you have made a Transfer for cash pick-up and the cash is not picked up by the Recipient within 30 days of when it was first made available we may cancel the Transfer and refund the amounts to the Payment Method used. This is subject to the timings and conditions set by our payment processing partners.

4.13. We are not able to accept partial reversals initiated by a transfer recipient.

4.14. For Business Recipients, you acknowledge that:

4.14.1. we are not an agent of the Business Recipient;

4.14.2. we are not responsible for any mistakes in the invoices or other notifications you receive that indicate the amounts you owe the Business Recipients;

4.14.3. we are not party to agreements between you and the Business Recipient and do not determine any payment terms;

4.14.4. we are not responsible if you do not complete a payment to a Business Recipient;

4.14.5. we are not responsible for the quality or delivery of any goods or services you pay for using our Services;

4.14.6. we are not responsible for mediating disputes or enforcing any underlying arrangements you have with a Business Recipient;

4.14.7. invoices / bills can only be processed to a Business Recipient with a valid reference number - if you provide the wrong reference number you will send the Transfer to the wrong account and lose your money, we will not be able to get it back for you; and

4.14.8. payment to us for a Transfer does not constitute payment to a Business Recipient until they receive the Transfer, and then it may take several business days for a Business Recipient to reflect the payment in their customer account system (i.e. their records for what a student, patient or utility customer might owe).


5. TAPTAP SEND DIGITAL CONTENT SERVICES

Sending Digital Content

5.1. We provide Digital Content Services for you to buy Digital Content from us and send it to a Recipient’s account in a Destination Country. This is not a money transmission service.

5.2. To buy and send Digital Content using the App, you must:

5.2.1. select the type and amount of Digital Content you wish to buy;

5.2.2. provide information about the account which the Digital Content will be sent to, if you enter the wrong details you will send the Digital Content to the wrong account and we will not be able to recover it;

5.2.3. select your Payment Method; and

5.2.4. provide us with any additional information we request.

5.3. The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the App before you are asked to confirm your transaction.

5.4. When you click “Send” on the confirmation page you authorize us to debit your Payment Method and initiate the purchase and send. Once Digital Content is sent it can’t be refunded to you or removed from the device of the person you sent it to.

5.5. There may be a short delay between you sending the Digital Content and it being delivered to the Recipient account. We will send you a confirmation of the Digital Content Service as soon as your transaction has been successfully completed.

No cancellation

5.6. When you use our Digital Content Services, you expressly request and consent to us immediately sending the Digital Content to the Recipient’s account. Once you confirm your order, we start to send the Digital Content and it cannot be recalled.

Digital Content T&Cs and Promotions

5.7. Any Digital Content purchased through the Digital Content Services will have its own terms and conditions. You should check any terms and conditions before purchasing any Digital Content. From time to time, we or Service Providers will run promotions on the Digital Content. These promotions will be subject to additional terms and conditions that will be displayed in the App.

5.8. We are not responsible for the terms and conditions or promotions run by Service Providers.


6. OUR RIGHT TO REFUSE, SUSPEND OR CANCEL A PAYMENT INSTRUCTION OR THE SERVICES

Limits

6.1. You agree that we may apply limits to the amount you can a) load onto your Taptap Send Wallet; b) are able to send to Recipients and/or c) use to purchase Digital Content.

6.2. We may do so either on a per Transfer basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Method or on related sets of registration details or Payment Methods.We might also limit the value of currency exchange you can carry out at any one time or over a period of time.

Delays

6.3. We may delay or suspend a Service including (but not limited to):

6.3.1. to verify your identity to respond to any security alerts which we receive in relation to your use of the Services;

6.3.2. to validate your Payment Instruction or instruction to send Digital Content;

6.3.3. due to system outages within our Service Providers; and/or

6.3.4. otherwise to comply with applicable law.

6.4. We will attempt to maintain up to date information regarding the availability of Service Providers by means of information on our website or our App.

Suspension

6.5. We may refuse any request to load or refund funds to/from your Taptap Send Wallet or any Payment Instruction, or suspend your use of the Services if we believe that:

6.5.1. it would put you over any applicable limits;

6.5.2. it would break this Agreement;

6.5.3. it is unauthorized (e.g. someone else is trying to use the Services without your permission);

6.5.4. it is fraudulent (including where we suspect that you may be a victim of a scam);

6.5.5. you may be acting illegally; or

6.5.6. we are required to do so by law.

6.6. We will generally inform you before or immediately after refusing a Payment Instruction or suspending your use of the Services, and provide our reasons for doing so. However, we will not provide reasons or any information if doing so is against the law or would compromise our security measures.


7. YOUR RIGHT TO CANCEL; UNAUTHORIZED TRANSFERS; REFUNDS; ERRORS

Cancellation

7.1. To the extent permitted by law, once we have received your Payment Instruction, we will execute the Transfer immediately. So long as the Payment Amount has not already been deposited into an account of the Recipient, you have thirty (30) minutes from when we receive your Payment Instruction to cancel your Transfer; provided that the funds have not yet been received by the Recipient. We will treat a Payment Instruction as received from you at the time that such Payment Instruction is actually received by us, which will normally be at the time you confirm a Payment Instruction, whether or not that is during business hours.

7.2. In order to cancel your Payment Instruction or request a refund, you must contact us in writing (including by email) or by telephone using the details in the About Us section within thirty (30) minutes of the Payment Instruction. When you contact us, you must provide the Sender’s full name, address, and phone number, together with the Transfer identification number, Transfer amount. As long as the Payment Amount has not been deposited into an account of the Recipient or picked up by the Recipient, we will refund you for the canceled Transfer, including any Service Fee (and taxes charged by us unless prohibited by law) within three (3) business days of your request to cancel.

Unauthorized transfers

7.3. If you think someone has accessed your Taptap Send Wallet using your Security Details you must tell us immediately by calling 1 (833) 916-0670 emailing us at support@taptapsend.com, or writing to us at 228 Park Ave S., Suite 87488, New York, NY 10003-1502.

7.4. If you tell us within two (2) Business Days of learning of the misuse of your Security Details you will only be liable for $50 or the amount of Unauthorized Transfers that took place before you told us of the issue (whichever is lower).

7.5. If you do not tell us within two (2) Business Days, you will be liable for the lesser of $500 or the sum of:

7.5.1. $50 or the amount of Unauthorized Transfers that occurred within the two (2) Business Days; and

7.5.2. The amount of Unauthorized Transfers that occurred after the two (2) Business Days and before you notified us (if we can show that these would not have occurred if you told us sooner).$50 or the amount of Unauthorized Transfers that occurred within the two (2) Business Days; and

7.6. If you see an Unauthorized Transfer that appears on your Transfer History you must tell us within 60 days of receiving the Transfer History. If you do not tell us within 60 days after we provided the statement to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time.

7.7. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.

Refunds

7.8. We will also refund a Transfer if required by law, or if the issuer of your Payment Method requires it.

7.9. However, we may refuse your request for a refund if we can show that:

7.9.1. you have acted fraudulently;

7.9.2. (without prejudice the limits on your liability under clause 7.3 above) you intentionally or with gross negligence did not take all reasonable steps to keep your Security Details secret;

7.9.3. the Recipient received the money; or

7.9.4. there was a mistake in the Payment Instruction (e.g. the Recipient’s account details) which you gave us.

7.10. If we have executed the Transfer in accordance with your Payment Instruction and that information proves to have been incorrect, we are not responsible for the error. We will however make reasonable efforts to recover the funds.

7.11. Refunds will be credited automatically to the Payment Method used to fund the Transfer, in the same currency used to fund the Transfer. We may request additional details from you to process the refund. If you paid by card, refunds may take anywhere from three to ten business days to show on your account once it has been initiated by us as it depends on banks’ processing time. If you cannot see the refund after ten business days, you should contact your bank for more information.

7.12. We are not responsible for refunding payment Transfers made using a Payment Service to pay bills or for goods/services unless it falls within Section 7.3 above. The Business Recipient to which you have made a payment will determine your eligibility for a refund. You, therefore, should contact the Business Recipient directly for further details on obtaining a refund.

7.13. You can request a refund of any or all of the funds you loaded to your Taptap Send Wallet through the App. Promotional credits are not refundable.

7.14. If you request a refund from your Taptap Send Wallet, the balance will be refunded to you in USD at the exchange rate offered in the App on the day you request your refund.

7.15. We will not refund any Taptap Send Wallet balance that has been escheated to your state.

7.16. Once Digital Content is sent, it can normally be used immediately and therefore cannot be refunded or canceled.

Error resolution

7.17. If there is an “Error” relating to your Taptap Send Wallet (see 12 C.F.R. § 1005.11(a)), other than an “Error” relating to an authorized Transfer then the following procedures for resolving such an Error will apply. Errors include, but are not limited to, Unauthorized Transfers from your Taptap Send Wallet, an incorrect Transfer to or refund from the Taptap Send Wallet and omissions on your Transfer History.

7.17.1. If you think there has been an Error relating to your Taptap Send Wallet, you must contact us within 60 days of the date the error appears on your Transfer History. When contacting us, you must give your full name, address and phone number, and any other information we request to identify your Taptap Send Wallet.

7.17.2. We will determine whether an Error occurred within ten (10) days after you contact us and we will tell you the results within three (3) business days after completing our investigation. We will correct any Error within one (1) business day. If we decide that there was no Error, we will email you a written explanation. You may ask for copies of any documents we used in our investigation.

7.17.3. If we are unable to complete our investigation within ten (10) days after you contact us, we will let you know and will complete our investigation within forty five (45) days. If we need this extra time to complete our investigation, we will provisionally credit your Taptap Send Wallet with any disputed amount. You are free to use these funds, however, if we conclude there was no Error, we can debit the amount provisionally credited back from your account, and may suspend your access to the Services until the amount is repaid.

7.17.4. These timelines may be longer (up to twice as long) if you opened your Taptap Send Wallet in the last 30 days.

7.18. If there is an “Error,” relating to a Transfer (see 12 C.F.R. § 1005.33(a)), then the following procedures for resolving such an Error will apply. Errors include, but are not limited to, a computational mistake made by us relating to the Transfer, or our mistakenly providing the wrong Payment Amount to the Recipient.

7.18.1 If you think there has been an Error relating to a Transfer, you must contact us within 180 days of the date we promised to you that funds would be made available to the Recipient (this information is on your receipt). When contacting us, you must give your full name, address, and phone number, the Transfer tracking number, Transfer amount, the Error with the Transfer (and why you believe it is an Error), and the name of the Recipient (and if you know it, the Recipient’s telephone number or address).

7.18.2. We will determine whether an Error occurred within ninety (90) days after you contact us and we will tell you the results within three (3) business days after completing our investigation. We will correct any Error within one (1) business day of, or as soon as reasonably practicable after, receiving your instructions regarding the appropriate remedy. If we decide that there was no Error, we will email you a written explanation. You may ask for copies of any documents we used in our investigation.

8. OUR RESPONSIBILITY

8.1. We agree to provide the Services to you using reasonable care. You acknowledge that the Services may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

8.2. Except to the extent otherwise provided by the Electronic Fund Transfer Act and the Remittance Transfer Rule thereunder, 12 C.F.R. § 1005.30 et seq., you agree to indemnify and hold us, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.

8.3. Where we have materially breached this Agreement causing a loss to you, we will refund you the Transfer or Digital Content and any Service Fee charged. You may also be entitled to your attorneys’ fees and the costs of pursuing the dispute. Any claim for compensation made by you must be supported by any available relevant documentation. Except to the extent otherwise provided by law, we expressly limit our liability for that loss to the greater of: (i) the amount of any Service Fee that was paid to us; and (ii) $500. This liability cap applies to any single Transfer, act, omission or event and to any number of related Transfer, acts, and omissions or events.

8.4. If we don’t complete a Transfer instructed in accordance with this Agreement on time or in the correct amount, we will be responsible for your losses or damages. However, we will not be responsible if:

8.4.1. through no fault of ours, you do not have enough money in your Taptap Send Wallet to make the Transfer or the Transfer would exceed a limit;

8.4.2. any failure to perform the Service as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances outside our reasonable control, which may for example include delays or failures caused by problems with another system or network (including those of our Service Providers), mechanical breakdown or data-processing failures;

8.4.3. non-payment or delay in payment to a Recipient or failure to perform a Transfer or send Digital Content under the Services if you are in serious breach of this Agreement;

8.4.4. a Service Provider;

8.4.5. us meeting our obligations under any applicable laws, rules, or regulations; or

8.4.6. errors on the website or with the Services caused by incomplete or incorrect information provided to us by you or a third party.

8.5. We are not, in any event, responsible for any funds after they are provided to a Recipient (whether in the Recipient’s account or collected via a Service Provider).

8.6. Notwithstanding anything in this Agreement to the contrary, we shall not be liable under any theory of tort, contract, unjust enrichment, strict liability or other legal or equitable theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is excluded by us, regardless of whether or not we had foreseen, or could have foreseen, or has been advised of, the possibility of such damages. For the avoidance of doubt, nothing in the preceding sentence limits the monetary remedies you are otherwise entitled to under 15 U.S.C. § 1693m(a).


9. CHANGES TO THE AGREEMENT

9.1. Subject to section 9.2, we will make changes to this Agreement from time to time. We will do this by posting a revised version on the ‘User Agreement’ page of our website. We recommend that you check this page occasionally to stay up to date.

9.2. We will give you 21 days’ written notice if the change would result in:

9.2.1. Changes to our fees;

9.2.2. Changes to your or our liability, including for Unauthorized Transfers;

9.2.3. Changes to the way you notify us of Unauthorized Transfers;

9.2.4. Fewer types of Transfers or limitations on Transfers;

9.2.5. Changes to our Business Days;

9.2.6. Changes to the circumstances under which we may provide information about your Taptap Send Wallet to third parties; and

9.2.7. Changes to your rights to receive the Transfer History or other Taptap Send Wallet receipts.

9.3. If you do not agree with any change, you may terminate your use of the service. If you continue using the Services, we will take that as your acceptance of the change.


10. ENDING THE AGREEMENT

10.1. This Agreement will continue until you or we end it.

10.2. You can end this Agreement at any time free of charge by contacting us in writing (by email) at the details in the About Us section.

10.3. We can end this Agreement and your access to the Services at any time, with two (2) months’ notice.

10.4. We can end this Agreement and your access to the Services immediately if:

10.4.1. we reasonably believe you are using the Services fraudulently or illegally;

10.4.2. we are required to do so by applicable law, regulation, court order or regulator instructions;

10.4.3. if you haven’t given us any information we need, or we reasonably believe that information you have provided is incorrect or not true; or

10.4.4. if you have broken this Agreement in a serious or persistent way, and you haven’t put the matter right within a reasonable time of us asking you to.

10.5. We will inform you if we end the Agreement immediately as soon as we can, if the law allows.

10.6. When this Agreement ends, we will stop processing any new Payment Instructions and seek to refund any amounts held in your Taptap Send Wallet. We will continue processing Payment Instructions that were submitted and are still pending when the Agreement ends. Your payment obligations to us will continue after the Agreement ends.


11. HOW YOUR MONEY IS PROTECTED

11.1. We act as your agent for the purpose of the remittance service. Where we hold your money for the purpose of a Transfer, we hold it in custodial accounts established for the benefit of our customers.

12. COMPLAINTS/COMPENSATION

12.1. If you have a complaint regarding an Error, such complaint will be resolved based on the procedures outlined in Section 7. If you have any other complaint related to your use of the Service, please email us at the details in the About Us section.

12.2. We will do our best to resolve your complaint as soon as possible, and send you a final response by email within 15 business days of receiving the complaint. If, in exceptional circumstances, for reasons beyond our control, we need more time to respond, we will send you a holding reply within 15 business days of receiving your complaint to let you know when you will receive our final response. The final response will be no later than 35 business days from the date on which we first received your complaint.

12.3. If you are unhappy with our response, you may be entitled to refer your complaint to the Consumer Financial Protection Bureau (the “CFPB”), details of which are available at https://www.consumerfinance.gov/ask-cfpb. You can also call them at (855)-411-CFPB.

12.4. Except for complaints about Digital Content Services, you may be able to submit your complaint to your state banking department. Information relating to your state banking department’s contact details is available on your Receipt.


13. FEES AND EXCHANGE RATES

13.1. You must pay any applicable Service Fees. Our Service Fees and live exchange rates are available on our website and in the App. Service Fees are due when you submit your Payment Instruction or an instruction to buy and send Digital Content, and are non-refundable. We will let you know the exact amount you must pay in the App before you are asked to confirm your Payment Instruction or send Digital Content.

13.2. Our exchange rate is the rate set by us for the relevant currency pair and Service, which will generally change on a daily basis. For some currencies, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you, which is designed to cover our costs.

13.3. When you make Transfers, load your Taptap Send Wallet and pay for Digital Content in a different currency from the one in which your Payment Method is denominated (e.g. you pay in USD to receive an equivalent amount in a different currency) we will apply our standard exchange rate (which may change at any time) and any applicable Service Fees for such exchange, as set out in the App at the time of conversion.

13.4. Others might impose taxes, fees or charges on you, e.g. for use of a particular Payment Method to fund a Transfer or load the Taptap Send Wallet (e.g. unauthorized overdraft fees).

13.5. Others might impose taxes, fees or charges on the Recipient, e.g. a Service Provider may charge a fee to withdraw the Transfer. We may offer you the option of sending additional funds to cover the cost of that fee.

13.6. Your Payment Method may give you chargeback rights. You agree that you will not request a chargeback for reasons for which we are not responsible, such as a dispute with your Recipient. We may charge you for our costs associated with your chargebacks.


14. INTELLECTUAL PROPERTY

14.1. The App and the Services, 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 rights, title, and interest in and to the Taptap Send website and the Services shall remain our property and/or the property of such other third parties.

14.2. The App and the Services may be used only for the purposes permitted by this Agreement or described on the website. You are authorized solely to view and to retain a copy of the pages of the App 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 internet, or in any way distribute or exploit the Taptap Send website, App, Services or any portion thereof for any public or commercial use without our express written permission. You may not: (i) use any robot, spider, scraper or other automated device to access the App or the Services; and/or (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Taptap Send website (or printed pages of the website). The name “Taptap Send” and other names and indicia of ownership of Taptap Send’s products and/or services referred to on the Taptap Send website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce them in any way.


15. ELECTRONIC COMMUNICATIONS

15.1. You acknowledge that this Agreement is entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:

15.1.1. this Agreement and any amendments, modifications or supplements to it;

15.1.2. your Transfer History through the Services;

15.1.3. any initial, periodic or other disclosures or notices provided in connection with the Services, including without limitation those required by law;

15.1.4. any customer service communications, including communications with respect to claims of error or unauthorized use of the Services; and

15.1.5. any other communication related to the Services or us.

15.2. The Services do not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Services will be terminated. To withdraw your consent, you must contact us by email.

15.3. Copy of Agreement: This Agreement is available for you to review at any time via the App or on our website. We will email a copy of these terms to you when you first register for the Services. You can also ask us to email you a copy of these terms (including any modifications) at any time.

15.4. Transfer History: For at least each month in which you have made a transfer, we will email you at the email address you have provided, notifying you that your monthly Transfer History is ready for viewing via the App. You may also download the Transfer History from the App for your own records. You should review these carefully and notify us within 60 days if any Unauthorized Transfers appears on your Transfer History.

15.5. Security: If we have to contact you because of a suspected or actual fraud or security threat, we will do it by calling or texting your mobile number.

15.6. App: In the event of a conflict between information on the App and information on our website, please rely on the information on the App.


16. GENERAL

16.1. Governing Law: This Agreement is governed by the laws of the State of New York.

16.2. Disputes: If you want to take legal action against us in the courts, only the courts of New York can deal with a dispute between us in connection with this Agreement and our Services.

16.3. No Third Party Rights: Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement. This Agreement and all of its provisions are for the sole and exclusive benefit of the parties to this Agreement and their successors and permitted assigns.

16.4. Language: This Agreement is made in English. English is the language that we’ll communicate with you in (unless otherwise required by law).

16.5. Waiver: If you have broken the Agreement and we don't enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

16.6. Transfer of rights: You may not transfer any of your rights or obligations under this Agreement to anyone else. We may transfer or assign this Agreement and/or any of our rights and/or obligations this Agreement at any time without your consent.

16.7. Entire Agreement: This Agreement is the entire agreement between you and us. It replaces any earlier understandings, agreements, or discussions between you and us about the subject matter of this Agreement, use of the App and/or our Services.

16.8. Severability: If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected in any way and you agree to accept a replacement of such provision.

16.9. Disclosure of Taptap Send Wallet information: We will share information about your Taptap Send Wallet in accordance with our Privacy Policy. In addition, note that we will share information about Taptap Send Wallet with third parties to respond to requests by law enforcement and as required under applicable law.

‍

Version 3

‍Date published: 3 May 2024
‍

WHY THIS INFORMATION IS IMPORTANT

This is the User Agreement for the Taptap Send mobile application (the “App”) and our services. It also sets out other important things you need to know.

This User Agreement, along with the Privacy Policy, eCommunications Policy and any other terms and conditions that apply to our services, form a legal agreement (the “Agreement”) between:

By signing up for the services and using the App, you are accepting and agreeing to be bound by the Agreement. We provide our services to you through the App. We may provide information and/or our services in other ways too, like through web pages. Our Agreement applies whenever and however you access our services or other information. You can at any time, and at no cost, stop using the App by deleting it or ending the Agreement (see Section 10).

If you participate in any rewards programme you agree to be bound by any separate terms and conditions (for example, our Referral Program).

About us

We are a Delaware corporation registered as a money services business with the Financial Crimes Enforcement Network (“FinCEN”) (registration number 31000180079144) and with money transmitter licences (or the statutory equivalent) in various U.S. states and jurisdictions. A list of licences held by Taptap Send is available here.

Our contact details are: TapTap Send Payments Co., 251 Little Falls Drive, Wilmington, Delaware 19808.

The best way to contact us is by phone, email (support@taptapsend.com) or Whatsapp. Please see the “Support” section of the App or the “Contact Us” section of our website for more details.


1. DEFINITIONS

2. USING THE SERVICES

2.1. The Services allow you to:

2.1.1. send international remittances to Recipients via selected Service Providers in Destination Countries; and
2.1.2. purchase Digital Content from us to send it via selected Service Providers to a Recipient.

2.2. To register for the Services, download the App (e.g. from the Apple App Store or Google Play) and follow the instructions.

2.3. Once you have registered for the Services and have logged into the App, you can:
2.3.1. submit Payment Instructions by selecting what kind of payment you want to make, choosing your Payment Method, entering or selecting the amount and associated information, then clicking “Send” or equivalent on the confirmation page;
‍
2.3.2. view your Transfer History;

2.3.3. purchase Digital Content by selecting the type of Digital Content, choosing your Payment Method, entering or selecting the Recipient and account you want to send it to, enter the associated information and then clicking “Send” (or equivalent) on the confirmation page; and

2.3.4. manage your use of the Services.

2.4. For security reasons, we may require you to re-enter your Security Details or otherwise confirm your identity to finalise Payment Instructions or access certain functions in the App.

2.5. Updates to the App may be issued through App Store or Google Play. Depending on the update, you may not be able to use our Services via the App until you have downloaded the latest version of the App.


3. YOUR OBLIGATIONS

3.1. You must be 18 years old to use the Services.

3.2. We are required by law to carry out security and customer due diligence checks on you (and other parties for example, the Recipient) in order to provide our Services. We may verify your residential address and personal details to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with our Privacy Policy. You agree:

3.2.1. to provide us with accurate and truthful information about your and the Recipient’s identity and any identity documents we ask for;

3.2.2. to promptly update your personal information (including your address) if it changes;

3.2.3. to comply with any requests for further information and documents we require ; and

3.2.4. that we may, directly or through any third party, make any inquiries we consider necessary to validate the information you provided to us, including checking commercial databases or credit reports.

3.3. You consent to us processing, transmitting, and using your personal data for the purposes of providing the Services. Please see our Privacy Policy.

3.4. You must make every effort to keep your Security Details safe and prevent unauthorised access to the Services by:

3.4.1. changing your password regularly and ensure that it is not reused for other online services;

3.4.2. not sharing your Security Details with anyone, including us, and letting us know immediately if anyone asks you for your Security Details;

3.4.3. setting up 2-step authentication where prompted;

3.4.4. if you use biometrics (e.g. fingerprint or face identification) to authenticate actions in the App, make sure only your biometrics are registered and can be used in the App;

3.4.5. keeping your email account secure and letting us know immediately if your email address becomes compromised; and

3.4.6. contacting us immediately if you suspect your Security Details have been stolen, lost, used without your authorisation, or otherwise compromised. If this happens you should change your Security Details.

3.5. To contact us quickly, use the details in the “Support” section of the App and/or the “Contact us” section of our website. Any delay in telling us affects the security of your account and data (including your Payment Method) and makes you responsible for any financial losses.

3.6. You must not:

3.6.1. use our Services in connection with illegal activity, including but not limited to money-laundering, fraud, and the funding of terrorist/proliferation activities and/or organisations;

3.6.2. use our Services in connection with sexually oriented materials or services, gambling activities, or buying or selling tobacco, tobacco-related products, firearms, prescription drugs or other controlled substances;

3.6.3. misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful or attempt to gain unauthorised access to our Website, our servers, computers or databases;

3.6.4. create more than one registration without our prior written permission;

3.6.5. use our Services for speculative trading;

3.6.6. use the Services to send Transfers or Digital Content on behalf of someone else;

3.6.7. let someone else use your Security Details and send Transfers or Digital Content through the App (if you do this we’ll have to assume it’s you and we will not be responsible for any losses you incur as a result of misuse or disclosure of information about your account by that third party);

3.6.8. provide false, inaccurate, or misleading information; or

3.6.9. refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation.
‍

4. TAPTAP SEND PAYMENT SERVICES

4.1. To make Payment Instructions in the App, you must:

4.1.1. provide information about your Transfer including the full name of the Recipient, the Recipient’s account details and the amount to be transferred;

4.1.2. provide the unique identifier for the Recipient’s account (e.g. the account number or mobile number);

4.1.3. select your Payment Method; and

4.1.4. provide us with any additional information we may request relating to the Payment Instruction (for example, any specific reference number requested by a Business Recipient).

4.2. We are not obliged to process any particular Transfer. When you submit a Payment Instruction, you are requesting that we process the Transfer on your behalf and consenting to the execution of the Transfer. We may, in our sole discretion, choose whether or not to accept the offer to process that Transfer.

4.3. When you initiate a Payment Instruction, we will provide you with disclosures notifying you of the Service Fee to be charged (if any), any applicable taxes to be charged by us, and the applicable exchange rate you will receive. The exact amount received by Recipient may also be less due to fees charged by Recipient’s Service Provider and foreign taxes.

4.4. When you click “Send” on the confirmation page you authorise us to debit your Payment Method for the amount of the Transfer, any applicable taxes to be charged by us and any Service Fee, and to initiate the Transfer. If there is an issue debiting your Payment Method yet the Transfer succeeds, you authorise us to debit your Payment Method for the amount of the Transfer, any applicable taxes to be charged by us and any Service Fee at a later date.

4.5. You must make sure all the details are accurate before submission. If you enter the wrong details you will send the Transfer to the wrong account and lose your money, we may not be able to get it back.

4.6. Once you click “Send”, we receive your Payment Instruction and will start to execute the Transfer immediately. You will not be able to change it or, once it has been delivered, cancel it.

4.7. We will treat a Payment Instruction as received at the time you confirm the Payment Instruction, whether or not that is during a business day. It will reach the account of the Recipient as soon as we can get it there (as shown as the ‘data available’ on your receipt).

4.8. Transaction times may be longer in the event that the Recipient’s Service Provider needs to undertake enhanced anti-money laundering checks on the transfer. Delivery times quoted on our website (or elsewhere) are representative for the “normal”/average service and are not a guarantee of an individual Transfer time.

4.9. We will provide you with a receipt after acceptance of a Payment Instruction enabling you to identify the Transfer, along with details of the Recipient, the details of the amount of the Transfer in the currency used in the Transfer, any Service Fees we may charge or any fees that the Service Provider may charge, the amount received in foreign currency, the exchange rate and the date on which the Payment Instruction was received. We will also provide you with details of your error resolution and cancellation rights, and details of your state regulator and the Consumer Financial Protection Bureau should you wish to complain about our services.

4.10. If you have made a Transfer for cash pick-up and the cash is not picked up by the Recipient within 30 days of when it was first made available we may cancel the Transfer and refund the amounts to the Payment Method used. This is subject to the timings and conditions set by our payment processing partners.

4.11. For Business Recipients, you acknowledge that:

4.11.1. we are not an agent of the Business Recipient;

4.11.2. we are not responsible for any mistakes in the invoices or other notifications you receive that indicate the amounts you owe the Business Recipients;

4.11.3. we are not party to agreements between you and the Business Recipient and do not determine any payment terms;

4.11.4. we are not responsible if you do not complete a payment to a Business Recipient;

4.11.5. we are not responsible for the quality or delivery of any goods or services you pay for using our Services;

4.11.6. we are not responsible for mediating disputes or enforcing any underlying arrangements you have with a Business Recipient;

4.11.7. invoices / bills can only be processed to a Business Recipient with a valid reference number - if you provide the wrong reference number you will send the Transfer to the wrong account and lose your money, we will not be able to get it back for you; and

4.11.8. payment to us for a Transfer does not constitute payment to a Business Recipient until they receive the Transfer, and then it may take several business days for a Business Recipient to reflect the payment in their customer account system (i.e. their records for what a student, patient or utility customer might owe).


5. TAPTAP SEND DIGITAL CONTENT SERVICES

Sending Digital Content

5.1. We provide Digital Content Services for you to buy Digital Content from us and send it to a Recipient’s account in a Destination Country. This is not a money transmission service.

5.2. To buy and send Digital Content using the App, you must:

5.2.1. select the type and amount of Digital Content you wish to buy;

5.2.2. provide information about the account which the Digital Content will be sent to, if you enter the wrong details you will send the Digital Content to the wrong account and we will not be able to recover it;

5.2.3. select your Payment Method; and

5.2.4. provide us with any additional information we request.

5.3. The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the App before you are asked to confirm your transaction.

5.4. When you click “Send” on the confirmation page you authorise us to debit your Payment Method and initiate the purchase and send. Once Digital Content is sent it can’t be refunded to you or removed from the device of the person you sent it to.

5.5. There may be a short delay between you sending the Digital Content and it being delivered to the Recipient account. We will send you a confirmation of the Digital Content Service as soon as your transaction has been successfully completed.

No cancellation

5.6. When you use our Digital Content Services, you expressly request and consent to us immediately sending the Digital Content to the Recipient’s account. Once you confirm your order, we start to send the Digital Content and it cannot be recalled.

Digital Content T&Cs and Promotions

5.7. Any Digital Content purchased through the Digital Content Services will have its own terms and conditions. You should check any terms and conditions before purchasing any Digital Content. From time to time, we or Service Providers will run promotions on the Digital Content. These promotions will be subject to additional terms and conditions that will be displayed in the App.

5.8. We are not responsible for the terms and conditions or promotions run by Service Providers.


6. OUR RIGHT TO REFUSE, SUSPEND OR CANCEL A PAYMENT INSTRUCTION OR THE SERVICES

Limits

6.1. You agree that we may apply limits to the amount you are able to send to Recipients or use to purchase Digital Content.

6.2. We may do so either on a per Transfer basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Method or on related sets of registration details or Payment Instruments.

Delays

6.3. We may delay or suspend a Service including (but not limited to):

6.3.1. to verify your identity to respond to any security alerts which we receive in relation to your use of the Services;

6.3.2. to validate your Payment Instruction or instruction to send Digital Content;

6.3.3. due to system outages within our Service Providers; and/or

6.3.4. otherwise to comply with applicable law.

6.4. We will attempt to maintain up to date information regarding the availability of Service Providers by means of information on our website or our App.

Suspension

6.5. We may refuse any request any Payment Instruction, or suspend your use of the Services if we believe that:

6.5.1. it would put you over any applicable limits;

6.5.2. it would break this Agreement;

6.5.3. it is unauthorised (e.g. someone else is trying to use the Services without your permission);

6.5.4. it is fraudulent (including where we suspect that you may be a victim of a scam);

6.5.5. you may be acting illegally; or

6.5.6. we are required to do so by law.

6.6. We will generally inform you before or immediately after refusing a Payment Instruction or suspending your use of the Services, and provide our reasons for doing so. However, we will not provide reasons or any information if doing so is against the law or would compromise our security measures.


7. YOUR RIGHT TO CANCEL; REFUNDS; ERRORs

Cancellation

7.1. To the extent permitted by law, once we have received your Payment Instruction, we will execute the Transfer immediately. So long as the Payment Amount has not already been deposited into an account of the Recipient, you have thirty (30) minutes from when we receive your Payment Instruction to cancel your Transfer; provided that the funds have not yet been received by the Recipient. We will treat a Payment Instruction as received from you at the time that such Payment Instruction is actually received by us, which will normally be at the time you confirm a Payment Instruction, whether or not that is during business hours.

7.2. In order to cancel your Payment Instruction or request a refund, you must contact us in writing (including by email) or by telephone using the details in the About Us section within thirty (30) minutes of the Payment Instruction. When you contact us, you must provide the Sender’s full name, address, and phone number, together with the Transfer identification number, Transfer amount, and the reason for your refund request. As long as the Payment Amount has not been deposited into an account of the Recipient or picked up by the Recipient, we will refund you for the cancelled Transfer, including any Service Fee (and taxes charged by us unless prohibited by law) within three (3) business days of your request to cancel your Transfer.

Refunds

7.3. We will also refund a Transfer if required by law, or if the issuer of your Payment Method requires it.

7.4. However, we may refuse your request for a refund if we can show that:

7.4.1. you have acted fraudulently;

7.4.2. you intentionally or with gross negligence did not take all reasonable steps to keep your Security Details secret;

7.4.3. the Recipient received the money into their account at the Service Provider; or

7.4.4. there was a mistake in the Payment Instruction (e.g. the Recipient’s account details) which you gave us.

7.5. If we have executed the Transfer in accordance with the instructions you have provided to us, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transfer. We will however make reasonable efforts to recover the funds. We may charge you a reasonable fee, reflective of our efforts, to do so.

7.6. Refunds will be credited automatically to the Payment Method used to fund the Transfer, in the same currency used to fund the Transfer. We may request additional details from you to process the refund. Refunds may take anywhere from three to ten business days to show up on your Payment Method once it has been initiated by us as it depends on banks’ processing time. If you cannot see the refund after ten business days, you should contact your Payment Method issuer for more information.

7.7. We are not responsible for refunding payment Transfers made using a Payment Service to pay bills or for goods/services unless it falls within Section 7.3 above. The Business Recipient to which you have made a payment will determine your eligibility for a refund. You, therefore, should contact the Business Recipient directly for further details on obtaining a refund.

Error resolution

7.8. If there is an “Error,” as such term is defined in 12 C.F.R. § 1005.33(a), then the following procedures for resolving such an Error will apply. Errors include, but are not limited to, a computational mistake made by us relating to the Transfer, or our mistakenly providing the wrong Payment Amount to the Recipient.

7.9. If you think there has been an Error you must contact us within 180 days of the date we promised to you that funds would be made available to the Recipient (this information is on your receipt). When contacting us, you must give your full name, address, and phone number, the Transfer tracking number, Transfer amount, the Error with the Transfer (and why you believe it is an Error), and the name of the Recipient (and if you know it, the Recipient’s telephone number or address).

7.10. We will determine whether an Error occurred within ninety (90) days after you contact us and we will tell you the results within three (3) business days after completing our investigation. We will correct any Error within one (1) business day of, or as soon as reasonably practicable after, receiving your instructions regarding the appropriate remedy. If we decide that there was no Error, we will email you a written explanation. You may ask for copies of any documents we used in our investigation.

Digital Content

7.11. Once Digital Content is sent, it can normally be used immediately and therefore cannot be refunded or cancelled.

8. OUR RESPONSIBILITY

8.1. We agree to provide the Services to you using reasonable care. You acknowledge that the Services may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

8.2. Except to the extent otherwise provided by the Electronic Fund Transfer Act and the Remittance Transfer Rule thereunder, 12 C.F.R. § 1005.30 et seq., you agree to indemnify and hold us, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.

8.3. Where we have materially breached this Agreement causing a loss to you, we will refund you the Transfer or Digital Content and any Service Fee charged. You may also be entitled to your attorneys’ fees and the costs of pursuing the dispute. Any claim for compensation made by you must be supported by any available relevant documentation. Except to the extent otherwise provided by law, we expressly limit our liability for that loss to the greater of: (i) the amount of any Service Fee that was paid to us; and (ii) $500. This liability cap applies to any single Transfer, act, omission or event and to any number of related Transfer, acts, and omissions or events.

8.4. We do not, in any event, accept responsibility for damages as a result of:

8.4.1. any failure to perform the Service as a result of circumstances which could reasonably be considered to be due to abnormal and unforeseen circumstances outside our reasonable control, which may for example include delays or failures caused by problems with another system or network (including those of our Service Providers), mechanical breakdown or data-processing failures;

8.4.2. non-payment or delay in payment to a Recipient or failure to perform a Transfer or send Digital Content under the Services if you are in serious breach of this Agreement;us meeting our obligations under any applicable laws, rules or regulations;

8.4.3. a Service Provider;

8.4.4. us meeting our obligations under any applicable laws, rules, or regulations; or

8.4.5. errors on the website or with the Services caused by incomplete or incorrect information provided to us by you or a third party.

8.5. We are not, in any event, responsible for any funds after they are provided to a Recipient (whether in the Recipient’s account or collected via a Service Provider).

8.6. Notwithstanding anything in this Agreement to the contrary, we shall not be liable under any theory of tort, contract, unjust enrichment, strict liability or other legal or equitable theory for lost profits, lost revenues, lost business opportunities, exemplary, punitive, special, incidental, indirect or consequential damages, each of which is excluded by us, regardless of whether or not we had foreseen, or could have foreseen, or has been advised of, the possibility of such damages. For the avoidance of doubt, nothing in the preceding sentence limits the monetary remedies you are otherwise entitled to under 15 U.S.C. § 1693m(a).


9. CHANGES TO THE AGREEMENT

9.1. We will make changes to this Agreement from time to time. We will do this by posting a revised version on the ‘User Agreement’ page of our website. We recommend that you check this page occasionally to stay up to date.

9.2. If we change the Agreement in a way that reduces your rights or increases your responsibilities for existing services we will provide you with 30 days’ prior notice on the ‘User Agreement’ page of our website.

9.3. If you do not agree with any change, you may terminate your use of the service. If you continue using the Services, we will take that as your acceptance of the change.


10. ENDING THE AGREEMENT

10.1. This Agreement will continue until you or we end it.

10.2. You can end this Agreement at any time free of charge by contacting us in writing (by email) at the details in the About Us section.

10.3. We can end this Agreement and your access to the Services at any time, with two (2) months’ notice.

10.4. We can end this Agreement and your access to the Services without prior notice if:

10.4.1. we reasonably believe you are using the Services fraudulently or illegally;

10.4.2. we are required to do so by applicable law, regulation, court order or regulator instructions;

10.4.3. if you haven’t given us any information we need, or we reasonably believe that information you have provided is incorrect or not true; or

10.4.4. if you have broken this Agreement in a serious or persistent way, and you haven’t put the matter right within a reasonable time of us asking you to.

10.5. We will inform you if we end the Agreement immediately as soon as we can, if the law allows.

10.6. When this Agreement ends, we will stop processing any new Payment Instructions. We will continue processing Payment Instructions that were submitted and are still pending when the Agreement ends. Your payment obligations to us will continue after the Agreement ends.


11. HOW YOUR MONEY IS PROTECTED

11.1. We act as your agent for the purpose of the remittance service. Where we hold your money for the purpose of a Transfer, we hold it in custodial accounts established for the benefit of our customers.

12. COMPLAINTS/COMPENSATION

12.1. If you have a complaint regarding an Error, such complaint will be resolved based on the procedures outlined in Section 7. If you have any other complaint related to your use of the Service, please email us at the details in the About Us section.

12.2. We will do our best to resolve your complaint as soon as possible, and send you a final response by email within 15 business days of receiving the complaint. If, in exceptional circumstances, for reasons beyond our control, we need more time to respond, we will send you a holding reply within 15 business days of receiving your complaint to let you know when you will receive our final response. The final response will be no later than 35 business days from the date on which we first received your complaint.

12.3. If you are unhappy with our response, you may be entitled to refer your complaint to the Consumer Financial Protection Bureau (the “CFPB”), details of which are available at https://www.consumerfinance.gov/ask-cfpb. You can also call them at (855)-411-CFPB. Please note that the ombudsman may not consider a complaint if you have not provided us with the opportunity to resolve it previously.

12.4. Except for complaints about Digital Content Services, you may be able to submit your complaint to your state banking department. Information relating to your state banking department’s contact details is available on your Receipt.


13. FEES AND EXCHANGE RATES

13.1. You must pay any applicable Service Fees. Our Service Fees and live exchange rates are available on our website and in the App. Service Fees are due when you submit your Payment Instruction or an instruction to buy and send Digital Content, and are non-refundable. We will let you know the exact amount you must pay in the App before you are asked to confirm your Payment Instruction or send Digital Content.

13.2. Our exchange rate is the rate set by us for the relevant currency pair and Service, which will generally change on a daily basis. For some currencies, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you, which is designed to cover our costs.

13.3. When you make Transfers and pay for Digital Content in a different currency from the one in which your Payment Method is denominated (e.g. you pay in USD to receive an equivalent amount in a different currency) we will apply our standard exchange rate (which may change at any time) and any applicable Service Fees for such exchange, as set out in the App at the time of conversion.

13.4. Others might impose taxes, fees or charges on you, e.g. for use of a particular Payment Method to fund a Transfer (e.g. unauthorised overdraft fees).

13.5. Others might impose taxes, fees or charges on the Recipient, e.g. a Service Provider may charge a fee to withdraw the Transfer. We may offer you the option of sending additional funds to cover the cost of that fee.

13.6. Your Payment Method may give you chargeback rights. You agree that you will not request a chargeback for reasons for which we are not responsible, such as a dispute with your Recipient. We may charge you for our costs associated with your chargebacks.


14. INTELLECTUAL PROPERTY

14.1. The App and the Services, 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 rights, title, and interest in and to the Taptap Send website and the Services shall remain our property and/or the property of such other third parties.

14.2. The App and the Services may be used only for the purposes permitted by this Agreement or described on the website. You are authorised solely to view and to retain a copy of the pages of the Taptap Send App 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 internet, or in any way distribute or exploit the Taptap Send website, App, Services or any portion thereof for any public or commercial use without our express written permission. You may not: (i) use any robot, spider, scraper or other automated device to access the App or the Services; and/or (ii) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Taptap Send website (or printed pages of the website). The name “Taptap Send” and other names and indicia of ownership of Taptap Send’s products and/or services referred to on the Taptap Send website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce them in any way.


15. ELECTRONIC COMMUNICATIONS

15.1. You acknowledge that this Agreement is entered into electronically, and that the following categories of information (“Communications”) may be provided by electronic means:

15.1.1. this Agreement and any amendments, modifications or supplements to it;

15.1.2. your Transfer History through the Services;

15.1.3. any initial, periodic or other disclosures or notices provided in connection with the Services, including without limitation those required by law;

15.1.4. any customer service communications, including, without limitation, communications with respect to claims of error or unauthorised use of the Services; and

15.1.5. any other communication related to the Services or us.

15.2. The Services do not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Services will be terminated. To withdraw your consent, you must contact us by email.

15.3. Copy of Agreement: This Agreement is available for you to review at any time via the App or on our website. We will email a copy of these terms to you when you first register for the Services. You can also ask us to email you a copy of these terms (including any modifications) at any time.

15.4. Transfer History: For at least each month in which you have made a transfer, we will email you at the email address you have provided, notifying you that your monthly Transfer History is ready for viewing via the App. You may also download the Transfer History from the App for your own records.

15.5. Security: If we have to contact you because of a suspected or actual fraud or security threat, we will do it by calling or texting your mobile number.

15.6. App: In the event of a conflict between information on the App and information on our website, please rely on the information on the App.


16. GENERAL

16.1. Governing Law: This Agreement is governed by the laws of the State of New York.

16.2. Disputes: If you want to take legal action against us in the courts, only the courts of New York can deal with a dispute between us in connection with this Agreement and our Services.

16.3. No Third Party Rights: Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement. This Agreement and all of its provisions are for the sole and exclusive benefit of the parties to this Agreement and their successors and permitted assigns.

16.4. Language: This Agreement is made in English. English is the language that we’ll communicate with you in (unless otherwise required by law).

16.5. Waiver: If you have broken the Agreement and we don't enforce our rights, or we delay in enforcing them, this will not prevent us from enforcing those or any other rights at a later date.

16.6. Transfer of rights: You may not transfer any of your rights or obligations under this Agreement. We may transfer or assign this Agreement and/or any of our rights and/or obligations this Agreement at any time without your consent.

16.7. Entire Agreement: This Agreement is the entire agreement between us. It replaces any earlier understandings, agreements, or discussions between us about the subject matter of this Agreement.

16.8. Severability: If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected in any way and you agree to accept a replacement of such provision.

‍