1. Use of the Thunes Platform/Thunes Services
Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the Thunes website located at www.thunes.com and all associated sites linked to www.thunes.com or any similar platform (hereinafter collectively known as the “Thunes Platform”) run by the Thunes Group, which consists of TTMFS Singapore Pte Ltd., and all subsidiaries (hereinafter collectively known as “Thunes”) on any device and/or before availing any services offered by Thunes on the Thunes Platform which may include services such as international cross-border remittance services or purpose based payments or any other service that may be offered by Thunes on the Thunes Platform (hereinafter individually, and collectively, the “Thunes Services”). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Thunes Services, whether offered by Thunes or its affiliates.
You must follow any policies made available to you with the use of our Services. By using our Services, you acknowledge and agree to be fully compliant with applicable laws and regulations.
By registering on, accessing, browsing, downloading, or using the Thunes Platform for any general purpose or for the specific purpose of availing any Thunes Service, you agree to be bound by the terms of this Agreement. These terms shall also include any additional or modified service-specific terms and conditions in relation to any Thunes Service or any future service that may be offered by Thunes on the Thunes Platform. By registering on, accessing, browsing, downloading or using (as applicable) the Thunes Platform, or availing any Thunes Service, you automatically and immediately agree to all the terms as per this Agreement.
If at any time you do not accept or agree with any of the terms of this Agreement or do not wish to be bound by this Agreement, you may not access, browse or use the Thunes Platform and immediately terminate your availing of the Thunes Services. Accepting or agreeing to the Agreement will constitute a legal contract between you and Thunes.
All services are rendered by Thunes through the Thunes Platform under the brand name “Thunes” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under this Agreement shall, as the case may be, accrue to the benefit of, or incurred by, Thunes, regarding your use of the Thunes Service(s).
The Thunes Services shall be used by you subject to your adherence with the Agreement. As long as you accept and comply with this Agreement, Thunes grants you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the Thunes Platform and/or avail the Thunes Services.
The Thunes Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Thunes from availing the Thunes Services or accessing the Thunes Platform.
By accepting the Agreement or by otherwise using the Thunes Services, you represent that you are at least 18 years of age and have not been previously suspended or removed by Thunes, or disqualified for any other reason, from availing the Thunes Services or using the Thunes Platform.
In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the terms as part of this Agreement.
You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
Finally, in the event of any violation of the terms, Thunes reserves the right to suspend or permanently prevent you from availing the Thunes Services or using the Thunes Platform.
4. Other Terms and Conditions
We do not allow misuse, unauthorised reselling, or abuse of our Services. By accepting the use of our Services, you agree to not interfere with our Service stipulations or access our Service using a method other than what is included in your relevant contract with us and outlined in the instructions agreed upon. You may use our Services only as permitted by the laws of the relevant jurisdictions, including applicable export and re-export control laws and regulations. We may suspend, revoke or terminate our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct or fraudulent activity.
Our Services may display proprietary content. With regards to this content, it is the sole responsibility of the entity that made the proprietary content available. Nonetheless, by using our Service, you agree to allow Thunes, if deemed necessary, the right to review this content to determine whether it is illegal or violates our policies. Thunes may remove or refuse to display content that we reasonably believe violates our policies or the law.
In connection with your use of our Services, you agree that we may send you service notifications, announcements, administrative messages, and other information pertaining to the use of our Services. After acceptance of these agreements, you may opt-out of some of these communications.
5. Limitation of Liability and Damages
In no event shall Thunes, its contractors, agents, licensors, partners, employees, directors or suppliers will be liable for any indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to the Thunes Platform or Thunes Services. These limitations and exclusions apply to the extent permissible by applicable laws.
You agree to indemnify, save, and hold Thunes, its affiliates, directors, officers, employees, agents, subcontractors or partners, harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use of Thunes Platform or Thunes Services. Thunes reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Thunes, including rights to settle, and you agree to cooperate with Thunes’ defence and settlement of these claims. Thunes will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it.
7. Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and operate within all applicable laws. However, Thunes does not make specific promises about the use of our Services or the success of using our Services. The following statements apply:
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER THUNES NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE OUR SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAWS, WE EXCLUDE ALL WARRANTIES.
8. Intellectual Property Ownership
Thunes remains the owner of all intellectual property rights contained on our site and in our content provided through our Service. You may not use content from our Services unless written permissions are obtained from their rightful owners or are otherwise permitted by applicable laws. These terms do not grant the right to use any branding or logos associated with our Services without written expressed permission. You agree not to remove, obscure, or alter any legal notices displayed in or along with our Services, failure to comply will result in the revocation, suspension or termination of use of our Services and/or legal recourse.
We respond to notices of alleged copyright infringement and terminate accounts of repeat violators of copyright infringement.
If through the use of our services, you submit content, you will retain the ownership of any intellectual property rights that you hold in that content. Thunes does not assume ownership of intellectual property that you provide in conjunction with using our Services.
Valid notice is to be served in writing to 72 Anson Rd, #06-01, Singapore 079911.
10. No Waiver
The failure of Thunes to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will only be effective if expressly written and signed by Thunes.
11. Governing Law and Dispute Resolution
This Agreement is governed by the laws of the Republic of Singapore. Any conflict arising from this Agreement should be resolved by negotiation in good faith. If, after 30 days, the conflict is unable to be resolved through negotiation, the dispute shall be referred to and finally resolved by arbitration. Arbitration shall take place in Singapore, in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators present shall be one. The language of arbitration shall be English.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required. The remaining provisions will remain valid and enforceable.
You agree that Thunes, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate your use of the Thunes Platform or Thunes Services. You agree that Thunes shall not be liable to you or any third party for any termination or interruption. Upon termination, you agree to stop using the Thunes Platform and the Thunes Services.
Upon termination of the Thunes Service or Platform, any terms in this Agreement, which by nature or express language should survive, will survive such termination.
16. Entire Agreement
This Agreement is the entire agreement between you and Thunes relating to the subject matter hereof. This Agreement will not be modified except by a change to this Agreement made by Thunes in accordance with this Agreement.
We may modify these terms or any additional terms that apply to a Service to reflect changes to applicable laws or changes to our Services. Thunes will post notice of modifications to these terms on this page. We will also post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective no sooner than 14 days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Thunes and you. They do not create any third party beneficiary rights.
If you have any questions or concerns about our Services or this Agreement, you may contact us.