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Terms & Conditions

To hire the services of EBANX Pte. Limited, the User must agree with the following terms and conditions.

1. Contracting Parties

1.1 The contracting party shall be hereinafter referred to as the User, and may be any individual or business entity that use the services of EBANX PTE Ltd and accepts the present Terms and Conditions.

1.2 To use the services of EBANX PTE Ltd, the User must be: (i) over 16 (sixteen) years of age and reside in the Territory; or (ii) a business entity duly represented in Territory.

1.3 By accepting these Terms and Conditions , the User will be, in effect, hiring EBANX PTE Ltd, a payment company headquartered in Singapore (10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315), hereafter referred to merely as EBANX.

1.4 For the purposes of these Terms and Conditions, Territory is considered one or more of the Countries where EBANX PTE Ltd. renders its services, which are Brazil, Mexico, Colombia, Chile and Peru.

2. Contract Objective

2.1 Service overview

2.1.1 EBANX provides local payment methods for international websites. This being so, EBANX provides ways of collecting the resources of Users within the Territory and then remitting these funds abroad, in accordance with the regulations of the Territory.

2.1.2 For the collection of User´s resources in the various forms of payment accepted in the Territory, EBANX will hire, under its responsibility, the services of a specialized third party.

2.1.3 For the transfer of funds from the User abroad, EBANX may use, under its responsibility, the services of a third party.

2.1.4 The service provided by EBANX is not related in any way with the business conducted between the User and the final recipient of the remittance (the international website). The responsibility of EBANX is to ensure that the resources of the User are effectively delivered, from the Territory, to the international website chosen by the user (the final recipient of the remittance).

2.2 Individual Foreign Exchange Operations

2.2.1 The User is aware that he or she is expressly authorizing an individual Foreign Exchange operation transaction, regulated by the authorities of the Territory, to be performed by a third party hired by EBANX.

2.2.2 The User understands and accepts that the individual Foreign Exchange operations are subject to limits and conditions imposed by the Authorities Regulations of the Territory in question.

2.2.3 EBANX reserves the right to set such limits according to its legal interpretation of exchange controls.

2.2.4 The User accepts and authorizes the exchange rates announced and utilized by EBANX in individual Foreign Exchange operations.

3. Adherence to the Service

3.1 Form of Contracting EBANX

3.1.1 The object of this service contract is available directly on the international websites that expressly offer the services of EBANX as the payment method.

3.1.2 Adherence to the service by the User occurs exclusively through the international website (the final recipient of the remittance) at the time of payment method confirmation.

3.1.3 It is the sole responsibility of the User to find all the relevant information relating to the business carried out directly with the international website of the remittance.

3.2 EBANX Registration

3.2.1 To use the services of EBANX, prior registration including the personal information of the User will be required.

3.2.2 By completing the registration, the User declares that the information provided is accurate, complete and truthful. Furthermore, the User also states that his or her Taxpayer ID is valid and able to perform individual Foreign Exchange operation regulated by the Authorities within the Territory. Any falsehoods will subject the User to potential criminal and civil liability.

3.2.3 EBANX reserves the right to request at any time via electronic mail or telephone, proof of identity, certificate of incorporation, proof of residency and other documents relating to the identity (or powers of attorney) of the User as well as documents to prove the authenticity of transactions by the User.

4. Confidentiality of User Information

4.1 EBANX undertakes to maintain absolute confidentiality of User information except:

  1. If there is consent of the User;
  2. If EBANX is required or permitted to do so by law;
  3. For individuals or business entities contracted by EBANX that agree contractually to keep the information strictly confidential, on the same terms of the present instrument;
  4. For the verification of user identity, requested by fraud and money laundering prevention agencies whenever there is relevant evidence;

4.2 "User Information" includes all information that EBANX possesses and creates related to the User, which could refer to:

  1. Registration and the use of the service;
  2. User Information supplied by third parties, such as credit reporting agencies and identity verification companies;
  3. History of payments made by the User, including the name of the international website recipient of the shipment;
  4. User Identity, proof of address and other personal information.

4.3 EBANX reserves the right to store said information in its database, in order to organize an adequate collection of information to maintain and develop a business relationship with the User.

4.4 EBANX can utilize said database for the evaluation of financial risks, the verification of the crime of money laundering, fraud prevention and reporting consistency.

5. Payment Methods Provided by EBANX

5.1 Once registered on the international website recipient of the remittance and registered with EBANX, the User can choose the following payment:

5.2 The User is solely responsible for confirming of the value being processed by the payment methods listed above, exempting EBANX from any liability in the case of any error in data entry.

5.2 The User is solely responsible for confirming of the value being processed by the payment methods listed above, exempting EBANX from any liability in the case of any error in data entry.

6. Credit Analysis

6.1 The User expressly authorizes EBANX to perform the verification of personal and / or business data with the specialized agencies and bureaus.

6.2 EBANX reserves the right, in accordance with its internal rules of control, to refuse any transfer of securities held by the User when it is suspected that such transfers do not conform to EBANX operation standards and risk policies.

6.3 Credit analysis is performed individually for each operation.

7. Tax Implications

7.1 EBANX does not charge for any taxes owed or User administration fees, with the User being solely responsible for the paying of any taxes concerning the foreign exchange transaction.

7.2 EBANX is not responsible for any other administration fees charged by international websites (the final recipients of the remittances), and any claims emerging should accordingly be forwarded directly to these international websites.

7.3 It is the duty of the User to inform, declare and collect any taxes on the importation of goods and/or services that may be required by the international websites (the final remittance recipients), as well as meeting all obligations incidental and instrumental duties as may be required by the Customs Administration.

7.4 EBANX is not responsible or liable, under any circumstances, for any taxes that the User by which, through ignorance or otherwise, is required to collect for the Customs Administration as a result of the transaction with the international website (the final recipient of the remittance).

8. Protection and Service User

8.1 The service provided by EBANX does not have any relationship with the business conducted between the user and the final recipient of the remittance (international website). The responsibility of EBANX is to ensure that resources are effectively delivered from the User, outside of the Territory, to the international website chosen by the user (the final recipient of the remittance). In any case, EBANX agrees to assist, as far as possible, the contact between the User and the international website chosen by the user (the final recipient of the remittance).

8.2 Such assistance is limited to facilitate contact with the administrators, without interference in negotiations between the User and he final recipient of the remittance.

8.3 Should the User contest the transaction with some international website(final recipient of the remittance), EBANX will not interfere in the dispute except to confirm that payment has been made in accordance with the instructions given to EBANX by the User.

8.4 Customer service will be conducted through e-mail address: support@ebanx.com, and will be available seven (7) days per week.

8.5 EBANX may, in its sole discretion, send the User communications or notifications bye-mail, phone or mail, according to the User’s data stored in EBANX servers.

8.6 For legal notifications, the address of EBANX is: 10 Collyer Quay, #10-01 Ocean Financial Centre, Singapore 049315.

9. Duties and Obligations of the Parties

9.1 The service provided by EBANX does not have any relationship with the business conducted between the user and the final destination of the remittance (international website). The responsibility of EBANX is to ensure that resources are effectively delivered from the User, outside of the Territory, to the international website chosen by the user (the final recipient of the remittance).

9.2 The final recipients of remittances (international websites) Websites international provide products and services to various countries, with differing trade, tax and intellectual intellectual property regulations. It is the sole responsibility of the User to analyse the legality of importing goods and services arranged through international websites.

9.3 The User should specifically pay attention to and avoid products that violate national and international laws, statutes, ordinances or regulations; relating to the sale of prohibited or controlled substances, items that promote intolerance to minorities of any nature, items that infringe or violate any copyright, trademark, right of publicity or privacy; ammunition, firearms or parts of firearms, products with high likelihood of being fraudulent (price inconsistencies with market averages or with irregular specifications), among other cases that should be avoided.

9.4 The User shall only use EBANX’s system for lawful purposes, it is expressly forbidden to receive or transmit material that is obscene, offensive, and defamatory, in breach of confidentiality or violation of any intellectual property rights.

9.5 EBANX is not responsible under any circumstances for any loss, damage, defects and / or faults arising from the transaction that took place between the User and the final recipient of the remittance (international website), including those caused by the following scenarios:

  1. Payments made to unwanted destinations or payments in incorrect values due to typing incorrect information by the User;
  2. Errors or omissions in the content of the international website (final recipient of the remittance);
  3. Misuse of the content of the international website (final recipient of the remittance);
  4. Inability of anyone to access the international website (final recipient of the remittance);
  5. Delays, losses, errors or omissions resulting from failure of any telecommunications or other data transmission system, the failure of the central computer system or any part of the international website (final recipient of the remittance);
  6. For the impact or result of any acts of government or authority, or any acts of force majeure;
  7. Defects and failures of products and services;
  8. Damage incurred during shipping.

9.6 The User has the responsibility to inform the international website (final recipient of the remittance) on the availability and methods of returning the goods or service cancellation in the event of any defect or failure.

10. General Terms

10.1 EBANX reserves the right to suspend its system for repair, safety, maintenance and / or improvements, taking responsibility for and ensuring all operations in progress.

10.2 Where necessary, EBANX may restrict the services and / or add additional security measures for membership services.

10.3 This contract is written in English, conforming to the laws of Singapore, and subsequently translated into Portuguese and Spanish, as required by the Territory laws. In case of doubt in the interpretation of the clauses, the English version takes predominance.

11. Election Forum

11.1 The terms and conditions of this contract shall be construed in accordance with Singaporean law and will be subject to the exclusive jurisdiction of the courts of Singapore, which is the chosen venue and jurisdiction in relation to this contract.