Terms and Conditions for Overseas Transfer Service
OVERSEAS TRANSFER SERVICE IS PROVIDED BY WESTERN UNION® MONEY TRANSFERSMSERVICE AND IS PROVIDED ON THE FOLLOWING TERMS AND CONDITIONS:
1. DEFINITIONS AND INTERPRETATIONS In these Terms and Conditions, unless the context requires otherwise, references to "ShopeePay" are to ShopeePay Malaysia Sdn Bhd and its affiliates and subsidiaries, references to “Western Union” are to Western Union Payments (Malaysia) Sdn. Bhd., references to “us” or “our” are to ShopeePay and Western Union, and references to "you", "your" or "Customer" means the customer of ShopeePay using the fund transfer service of Western Union. “Shopee Application” means Shopee Mobile Malaysia Sdn. Bhd. or ShopeePay Malaysia Sdn. Bhd. or their affiliates’ e-commerce platform, mobile application and/or webpage. “Money Transfer” means the monies which are sent by the Sender to the Receiver through the Western Union® Money TransferSM service. “Overseas Transfer” means the Western Union® Money TransferSM Service, which includes outbound and inbound Money Transfer services for transactions from and into Malaysia, respectively. “Sender” means you as an individual who requests an Overseas Transfer to send a money transfer to the Receiver. “Receiver” means the individual designated by you to receive the Money Transfer. 2. AGREEMENT 2.1 You agree that these Terms and Conditions must be read together with the ShopeePay Terms of Service and ShopeePay Privacy Policy, provided that for matters concerning Overseas Transfer, these Terms and Conditions shall prevail in the event of any conflicts. 2.2 You acknowledge and understand that (i) Overseas Transfer is provided by Western Union which holds the requisite license under the Money Services Business Act 2011, and (ii) all Money Transfers initiated within the Shopee Application are to be funded by the Transferable Balance portion of your ShopeePay e-wallet (as specified in ShopeePay Terms of Service and FAQ of Overseas Transfer available at https://help.shopee.com.my. 2.3 Subject to Clause 2.2 above, Overseas Transfer transactions can be sent, received through ShopeePay e-wallet on the Shopee Application and/or picked up at most Western Union® Agent locations worldwide. Please refer to https://www.westernunion.com/my/en/home.html or call the number further below for the address and hours of nearby locations. Some locations are open 24 hours. Regular money transfers are usually available within minutes for pick up by the receiver, subject to the opening hours of the receiving Western Union Agent (“Agent”) location. The Next Day/2 Day, account-based money transfer services or home delivery, are available upon request to limited countries. The money sent using the “Next Day” or “2 Day” money transfer service will be available for collection within 24 and 48 hours respectively. Account-based transfers generally take up to 5 business days, though transfers to mobile wallets are often available within minutes. Transfers delivered to receivers via home delivery may be delayed due to the timing of the transaction and the location of the receiver. Exceeding amount limitations, regulatory restrictions or other restrictions in certain countries may delay the transaction. Western Union does not act as the agent or representative of any bank for any purpose and does not accept deposits on behalf of any bank. Call the number further below for details. Money transfers will normally be paid in cash, but some Agents may pay by cheque or e-wallet or a combination of cash, cheque and e-wallet or may offer or the receiver may choose other payout methods available to the receiver in the country. The sender authorizes Western Union to honor the receiver’s choice of method to receive funds even if it differs from the sender’s. All cash payments are subject to availability, receivers showing documentary evidence of their identity and providing all details about the money transfer required by Western Union, including sender’s and receiver’s names, country of origin, approximate sum, money transfer control number (MTCN) and any other conditions or requirements applicable at the Agent location. Cash money transfers shall be paid to the person that Agents deem entitled to receive the transaction after verification of identity often through examination of identification documents. Such payment can be made even when the form filled out by the receiver contains minor errors. Neither Western Union nor its Agents carry out a comparison of the “To Send Money” form against the “To Receive Money” form to verify the address given for the receiver. In some destinations the receiver may be required to provide identification, a test question answer or both to receive funds in cash. Test questions are not an additional security feature and cannot be used to time or delay the payment of a transaction and are prohibited in certain countries. Applicable law prohibits money transmitters from doing business with certain individuals and countries. Western Union is required to screen all transactions against lists of names provided by the governments of the countries in which we do business, including the US Treasury Department’s Office of Foreign Assets Control (OFAC) and the European Union. If a potential match is identified, Western Union 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 or information, delaying transactions. This is a legal requirement for all transactions processed by Western Union (inclusive of transfers that originate and terminate outside of the US). 3. TRANSFER FEES 3.1 Written information explaining how Western Union charges the Sender for sending a Money Transfer will either be displayed prominently at the Agent’s mobile application, location or shown to you 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. If sender pays for the money transfer using a debit card, additional transaction fees may apply. Sender’s agreement with the card issuer or bank governs use of his/her card. Please refer to that agreement to ascertain sender’s rights and liabilities as a cardholder which may include additional fees on a “cash advance” or other transaction fees. In certain cases, payment of a Money Transfer may be subject to local taxes and service charges. 4. FOREIGN EXCHANGE 4.1 Money transfer payments will normally be made in the currency of the destination country (in some countries payment is available only in U.S. dollars or other alternate currency). In addition to the transfer fee applicable to each transfer and if the currency which the sender presents to an Agent is not the currency to be received by the receiver, all currency is converted at Western Union’s then current rate of exchange. The currency will be converted at the time of transfer and the Receiver will receive the foreign currency amount shown on the transaction form. In a few countries local regulations require the currency to be converted at the time the Receiver is paid, in which case the exchange rate and any amounts shown on the transaction form may be subject to exchange rate fluctuations between the time of transfer and the time the Receiver collects the funds. Western Union 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 global financial markets. The exchange rate applied may be less favourable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between the currency exchange rate offered to customers and the currency exchange rate received by Western Union will be kept by Western Union (and, in some instances, its Agents) in addition to the transfer fees. Additional information about exchange rates for specific destination countries can be obtained from https://www.westernunion.com/my/en/currency-converter.html or by calling the number below. 4.2 Sending and receiving in countries that provide payment in multiple currencies: Senders must select the currency of payment at the time the Money Transfer is made. The transfer fee and the money Western Union (or its Agents, mobile phone or account provider) makes when they change the funds into foreign currency may vary based upon the payment currency selected. In some countries it is possible to decide to receive the funds in a currency different from the one that the Sender selected. Western Union (or its Agents, mobile phone or account provider) may make additional money when sender’s funds are converted into the currency selected by the Receiver. 5. TRANSFER LIMIT 5.1 The daily Money Transfer transaction limit is subject to ShopeePay wallet transaction limit as set out in the ShopeePay Terms and Conditions. 6. SPECIAL SERVICES 6.1 TELEPHONE NOTIFICATION to the Receiver that the Money Transfer is available for pick up is offered in most countries for an additional fee. MESSENGER DELIVERY of a cheque or a bank draft is available in some countries to selected destinations for an additional fee. SUPPLEMENTAL MESSAGES may be included for an additional fee with Money Transfers sent to most countries. 6.2 SMS – Where available, Western Union offers free SMS notification to indicate that the transaction has been collected by the Receiver (for you) or that funds are available for collection (for the Receiver). Charges applied by the service provider are the exclusive responsibility of the Sender or Receiver. If permitted by applicable law, the SMS will be sent to your and/or Receiver’s mobile number that you have provided. Western Union will send SMS messages to a third party gateway for delivery. Western Union is not responsible for undelivered SMS or technical malfunctions that occur outside of its proprietary systems. 6.3 ACCOUNT BASED TRANSFERS – Where available, the receiver may incur additional fees for receiving the sender’s funds through a mobile telephone or to a bank or other account. Transfers must be sent to a local or specified non-local currency account, otherwise the receiving institution may convert the funds at its own exchange rate or reject the transaction. The receiver’s agreement with its mobile phone service, Western Union supported e-wallet, bank or other account provider governs the account and determines their rights, liability, fees, funds availability and account limitations. In the event that the account number provided (including mobile phone numbers for mobile accounts) does not belong to named receiver, the transfer will be credited to the account number provided by the sender. Western Union may make money from fees associated with use of an account. Western Union 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. 7. REFUND The principal amount of the Money Transfer (at the applicable exchange rate described herein in effect at the time the refund is made) will be credited to your ShopeePay e-wallet upon your refund request within the Shopee Application (“Refund Request”) or if payment to the Receiver is not made or credited within 45 days, subject to the ShopeePay Terms of Service. All approved Refund Request shall be refunded through the ShopeePay e-wallet and subject to the ShopeePay Terms of Service. Sender Fee refunds are made upon your Refund Request if the Money Transfer is not available to the Receiver within the time specified for the selected service, subject to the business hours of, and availability of funds at, the location selected for payment and other conditions, including, without limitation, conditions beyond the control of Western Union or its Agents, such as inclement weather or telecommunications failure, and subject to the ShopeePay Terms of Service. Transfer fees are not refunded if the Money Transfer is stopped at your request. Payment of some money transfers may be delayed as a result of the application of United States or other applicable laws. To the extent allowed by law, Western Union may deduct an administrative charge from money transfers that are not picked up within one year of the send date. 8. LIMITATION OF LIABILITY 8.1 IN NO EVENT SHALL SHOPEEPAY AND WESTERN UNION EACH BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION TO, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY OR STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR LOSS OF USE, PROFITS, REVENUES, GOODWILL OR ANTICIPATED SAVINGS OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION TO, ANY LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER, MOBILE PHONE OR MOBILE DEVICE FAILURE) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS PLATFORM OR THE SERVICES, INCLUDING, WITHOUT LIMITATION TO, ANY DAMAGES RESULTING THEREFROM, EVEN IF SHOPEEPAY AND WESTERN UNION EACH HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, SHOPEEPAY AND WESTERN UNION EACH MAKE NO WARRANTY ON THE SOLVENCY OF THE COMPANY OR AS A RESULT OF THE INSOLVENCY OR CEASING TO TRADE OF ANY AUTHORIZED INSTITUTION WITH WHICH THE MONEY IS HELD. SHOPEEPAY AND WESTERN UNION EACH DISCLAIM ALL LIABILITY IN RESPECT OF THE SENDER’S RELATIONSHIP WITH THE RECEIVER, WITHOUT LIMITATION, IN RESPECT OF THE DELIVERY OR SUITABILITY OF ANY GOODS OR SERVICES PAID FOR BY MEANS OF A WESTERN UNION MONEY TRANSFER. YOUR MONEY TRANSFER DATA IS CONFIDENTIAL TO HIM/HER AND SHOULD NOT BE SHARED WITH ANY OTHER PERSON OTHER THAN HIS/HER RECEIVER. YOU ARE CAUTIONED AGAINST SENDING MONEY TO ANY PERSON YOU DO NOT KNOW. IN NO EVENT SHALL SHOPEEPAY AND WESTERN UNION EACH OR ANY OF SHOPEEPAY AND/OR WESTERN UNION’S AGENTS BE LIABLE IF YOU COMMUNICATE MONEY TRANSFER DATA TO ANY PERSON OTHER THAN THE RECEIVER. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SHOPEEPAY AND WESTERN UNION EACH OR ANY OF SHOPEEPAY AND/OR WESTERN UNION’S AGENTS BE LIABLE FOR DAMAGES FOR DELAY, NONPAYMENT OR UNDERPAYMENT OF THE MONEY TRANSFER, OR NON-DELIVERY OF ANY SUPPLEMENTAL MESSAGE, WHETHER CAUSED BY NEGLIGENCE ON THE PART OF THEIR EMPLOYEES OR AGENTS OR OTHERWISE, EXCEPT THAT WESTERN UNION ALONE SHALL BE LIABLE TO A SUM NOT EXCEEDING US$500.00 (IN ADDITION TO REFUNDING THE PRINCIPAL AMOUNT OF THE MONEY TRANSFER AND THE TRANSFER FEE). IN NO EVENT WILL SHOPEEPAY AND WESTERN UNION EACH OR SHOPEEPAY AND/OR WESTERN UNION’S AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. 8.2 THE FOREGOING DISCLAIMER SHALL NOT LIMIT SHOPEEPAY AND/OR WESTERN UNION OR SHOPEEPAY AND/OR WESTERN UNION’S AGENT’S LIABILITY FOR DAMAGES RESULTING FROM SHOPEEPAY AND/OR WESTERN UNION, OR SHOPEEPAY AND/OR WESTERN UNION’S AGENT’S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT IN THOSE JURISDICTIONS WHERE SUCH A LIMITATION OF LIABILITY IS VOID. THE FOREGOING DISCLAIMER SHALL NOT EXCLUDE SHOPEEPAY AND/OR WESTERN UNION NOR SHOPEEPAY AND/OR WESTERN UNION’S AGENT’S LIABILITY FOR ANY CONDITION OR WARRANTY THAT CANNOT BE EXCLUDED BY LAW INCLUDING ANY IMPLIED WARRANTY THAT IT WILL RENDER SERVICES WITH DUE CARE AND SKILL, AND SHOPEEPAY AND/OR WESTERN UNION AND SHOPEEPAY AND/OR WESTERN UNION’S AGENT’S LIABILITY FOR BREACH OF SUCH CONDITION OR WARRANTY SHALL BE LIMITED TO THE GREATER OF THE COST OF PROVIDING THE AFFECTED SERVICE AGAIN AND THE SUM EQUIVALENT TO US$500. 8.3 When an Agent accepts a cheque draft, debit card or other non-cash form of payment, neither Western Union nor the Agent assumes any obligation to process or pay the money transfer if the form of payment is uncollectible, nor do they assume any liability for damages resulting from nonpayment of the money transfer by reason of such uncollectibility. We reserve the right to change these terms and conditions or the offered service by giving twenty one (21) days prior notice, we and our Agents may refuse to provide service to any person based on reason(s) we deem appropriate. 9. DATA PROTECTION 9.1 Your personal information is controlled and processed by ShopeePay and Western Union, as separate and independent data controllers, under applicable laws. We may separately 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 and information that is publicly available. 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, to 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, and, subject to your choices, send you commercial communications by email, telephone, post, SMS and by any other relevant channel. 9.2 ShopeePay and Western Union may separately and independently 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 the purposes in this section and in our respective Privacy Policies. ShopeePay and Western Union will separately and independently 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 authorisation from the other person on the 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, ShopeePay and Western Union is unable to facilitate and/or execute the Money Transfer or payment service, facilitate convenience activities or other requested services. 9.3 Further and in addition to our respective Privacy Policies, ShopeePay and Western Union may provide the information we separately hold to parties located in countries other than the country in which the information originally was collected or created, including to Western Union affiliates in the United States, for the purposes set out in this section. The categories of data transferred include 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 organisations and authorised service providers, 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. ShopeePay and Western Union (and global affiliates) may disclose your personal information, including but not limited to your name, customer ID number, address 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 United States 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. 9.4 The information separately held by ShopeePay and Western Union may be accessed by each party and their respective affiliates including any authorized third party service providers for any of the reasons set out in this section, our Privacy Policies, or for other purposes to which you have agreed. 9.5 You have a right to ask us to see and get a copy of your information for which each party 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. 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 a law or regulation. If you wish to exercise these rights or no longer wish to receive commercial communications from Western Union and ShopeePay, respectively, please (i) call Western Union using the number below during regular business hours or (ii) ShopeePay via the Shopee Application. For more information about how Western Union processes your personal data, please see its global privacy statement (https://www.westernunion.com/global/en/privacy-statement.html). 10. DISPUTES AND ENQUIRIES 10.1 Neither ShopeePay nor Western Union owe any contractual obligations to any other party including but not limited to the Receiver or any party you send funds on behalf of. If you are not satisfied with the service or require any assistance, please contact ShopeePay via the Shopee Application in-app chat or internet call feature or alternatively, contact Western Union’s customer service number below. A representative will investigate your concerns fairly and speedily. 11. CONTACT DETAILS For inquiries or comments for Western Union, please write to: Western Union Payments (Malaysia) Sdn. Bhd., Level 22.03, The Gardens North Tower, Mid Valley City, Lingkaran Syed Putra, 59200 Kuala Lumpur,Malaysia For telephone, please contact: - 1800 813 399. (calling within Malaysia) - +852 340 80460 (calling outside of Malaysia For other contact options, please visit https://www.westernunion.com/my/en/contact-us.html. Last update: June 2024 Copyright 2021-2024 WESTERN UNION HOLDINGS, INC. All Rights Reserved.