WEBSITE TERMS OF USE
These Terms were last updated on 09-01-2024.

1. Introduction
   1. We, Tranglo Sdn. Bhd. together with its subsidiaries (“Tranglo”) are in the provision of cross border money transfer, prepaid credit and other related services.
   2. By using this website (“Site”) and registering for an account via this Site (“Account”), you agree that you have read, understood, accepted and agreed to be bound by the terms and conditions stated below (“Terms of Use” or “Terms”).
   3. You hereby expressly acknowledge and agree to be bound by any future amendments and additions to this Terms of Use as published from time to time at this Site. You will be notified of any changes to this Terms of Use through your Account or through your registered email and upon such notification, it is your responsibility to review the amended Terms. Notwithstanding to the foregoing, we reserve the right to amend and/or add the terms and conditions in this Terms of Use without advance notice to you if an immediate amendment and/or addition is required; or where it is impracticable for us to give such advance notice due to change of any rule, regulation or law and/or pursuant to any order or direction by any governmental or regulatory authority.
   4. Your continued use of the Site and the Services following such notification signifies your acceptance and agreement to the changes, and that all subsequent transactions by you will be subject to the amended Terms.
   5. If you do not agree to the Terms of Use of the Service (as defined below) and wish to discontinue using the Service, please do not continue using this Site or Service.
   6. If you register or apply for an Account, you will be bound by the terms and conditions in the Terms of Use and Tranglo Privacy Policy. Before you do so, please read them carefully. If you do not understand any of the terms and conditions, please contact us at support@tranglo.com.
2. Application to use this Site and Tranglo’s Services
   1. To apply for an Account and subscribe to Tranglo’s Services, you are required to provide information and documents relating to you, your Representatives and your business or activities for due diligence, verification and approval by Tranglo. You confirm that all information and documents disclosed and/or submitted to us are complete and accurate. Where there is any change to such information and document, you must notify us in writing immediately.
   2. By accessing this Site, you acknowledge that Tranglo provides the following Services as its core business to which you will be subscribed to one or more of the following Services (individually each a "Service"): -
      1. Tranglo Business;
      2. Tranglo Connect; and/or
      3. Tranglo Recharge.
   3. Each of the Service will be governed, construed, interpreted by and enforced under the terms and conditions of the respective Service. You will have the opportunity to review and agree to the respective terms and conditions after you have completed your Account registration and before you begin using the Service.
   4. When using the Service, you agree to comply with all applicable laws whether in your home nation or otherwise in the country, state and city in which you are present. You further confirm, where applicable, you hold the required licence or approval from your operating country’s regulatory bodies to use or resell the Service.
   5. We may provide you access to specific data and information through the Application Programming Interface (API) or any associated software supplied to you by us (collectively, the "Software"), which overall purpose is to enable a cross-border payment and/or prepaid credit into a designated unique electronic account including but not limited to bank account, electronic wallet account, telecom airtime account and bill account. You agree that you are subject to confidentiality obligations as set out in Clause 3 below for such data and information you may have access to while using the Services.
   6. Access and Use of Site, Software and Account
      1. This Site allows you to access and use the Services. Tranglo shall be entitled to remove, cancel, withdraw, restrict, suspend, vary or modify, in whole or in part, the use and features available on the Site.
      2. You agree that you will, and you will procure that your Representative will:
         1. access and use the Services, the Site, the Software and the Account in a lawful manner and in accordance with this Terms of Use;
         2. not use or make available the Services and the Software to any person for any act or conduct that is illegal, malicious and/or fraudulent;
         3. not impair the proper operation of the network;
         4. not copy, or distribute the Services, the Software or other content without written permission from Tranglo;
         5. ensure that the access and use of the Site, the Software and the Account do not and will not violate any laws or regulations applicable to both you and Tranglo; and
         6. provide any and all information or document (including but not limited to information or document related to you as we may request for us to conduct due diligence and ensure compliance with applicable laws and regulations related to the Services, the Site and the Account.
      3. By using the Site and/or Services, you expressly represent and warrant that you are legally entitled to accept and agree to the Terms of Use. Without limiting the generality of the foregoing, the Service is not available to persons under the age of eighteen (18) or such persons that are forbidden for any reason whatsoever to enter into a contractual relationship.
      4. By using the Site and/or Services, you further represent and warrant that you have the rights, authority and capacity to represent and bind the business entity that you are working for to use the Service and to abide by the Terms of Use. You further confirm that all the information which you provide shall be true and accurate.
   7. You may only access the Site using authorised means. It is your responsibility to check and ensure that you have systems or devices compatible for the use of the Site and/or Service. Tranglo will not be liable for any issues you face if you do not have a compatible system or device to use the Site and/or Services. Tranglo reserves the right to disable your access or restrict your use of the Site and/or Services should you use an incompatible or unauthorised device or if your usages are for purposes other than which the Site and/or Software is intended to be used for.
   8. By using this Site, you agree that:
      1. you will keep secure and confidential your account password or any identification we provide you which allows access to the Service;
      2. you will provide us with any and all proof of identity we may reasonably request or require;
      3. you agree to provide accurate, current and complete information as required for the Service and undertake the responsibility to maintain and update your information in a timely manner to keep it accurate, current and complete at all times while using the Services; Tranglo shall rely on your information as accurate, current and complete.
      4. if your information is untrue, inaccurate, not current or incomplete in any respect, Tranglo has the right to terminate this your use of the Service at any time without notice to you;
      5. where applicable, you are required to enter into a separate commercial agreement and execute such other legally binding agreements or do all such other acts, as may be necessary or appropriate, before commencing to use and/or resell the Service in your market.
3. Confidentiality Obligation
   1. A party agrees to keep all Confidential Information it receives (“receiving Party”) from the other Party (“disclosing Party”) confidential and not use or disclose any Confidential Information for any purpose other than for the purpose of access to the Site and/or use of the Services under this Terms of Use.
   2. Confidential Information means any information, whether in written or electronic format, oral or otherwise, and whether or not stated as ‘Confidential’ and this:
      1. includes any payment information, Personal Data (as defined below), information relating to the business, financial condition, marketing strategies, know-how, suppliers, customers, operations, pricing, technical information, contract terms and conditions, and all information of any kind relating to either party, its shareholders and/or affiliates which are disclosed by or on behalf of one party to the other party in connection with this Terms of Use; and
      2. excludes information that:
         1. is explicitly approved for release by written authorisation.
         2. prior to the date hereof, is in the public domain or hereafter comes into the public domain other than as a result of a breach by a party.
         3. was known to the receiving Party and/or its personnel prior to the disclosure as evidenced by written records.
         4. was lawfully obtained by without breach of this Terms of Use.
         5. is independently developed without any reference to the Confidential Information.
   3. The receiving Party may disclose the Confidential Information:
      1. to its and its affiliates’ employees, officers, directors, professional advisors, consultants, auditors, partners and agents (collectively, “Representative”) who need to have access to such Confidential Information for the purpose of this Terms of Use; and
      2. where disclosure is required by any rule, regulation or law; or any order or direction of any court of competent jurisdiction, governmental or regulatory authority; provided always that, if permitted by law, the receiving Party shall notify and consult with the disclosing Party as to the proposed form, nature and purpose of the disclosure before any such disclosure is made.
   4. Upon written request by disclosing Party, the receiving Party shall and shall procure its personnel:
      1. return all materials containing such Confidential Information; or
      2. destroy or permanently erase (to the extent technically practicable) all materials containing such Confidential Information and thereafter confirm the same to the disclosing Party in writing.
   5. Despite the above, both parties are entitled to retain any Confidential Information where it is required by any by applicable laws having jurisdiction over it or in accordance with its record retention policy.
4. Personal Data Protection
   1. In respect of any personally identifying information you have shared with us, including any information relating to your Representative, customer and recipient, (collectively, “Personal Data”) for the purpose of the Services, you:
      1. acknowledge that you have read and you agree that the Personal Data will be processed in accordance with Tranglo Privacy Policy;
      2. have obtained the necessary consent and authorisation from the individual whose Personal Data are shared with us; and
   we shall collect, use, process, retain and safeguard such Personal Data in accordance with Tranglo Privacy Policy.
   2. To protect the Personal Data, each party shall:
      1. comply with its obligations in accordance with any applicable data protection and privacy laws, legislation and regulatory requirements from time to time. This includes, but not limited to, Personal Data Protection Act 2010 (as may be amended, replaced or updated from time to time), relevant data and records storage requirements in respect of any Personal Data processed for the purpose of the Services; and
      2. maintain, implement technical and organisational security measures in accordance with industry standards to prevent unauthorised access, disclosure, loss, destruction or alteration to the Personal Data.
   3. Before sharing any Personal Data with us, you must notify any individual whose Personal Data are disclosed to Tranglo that his/her Personal Data will be shared with Tranglo for processing for the purpose of the Services and for other purposes as set out in Tranglo Privacy Policy; and unless permitted by any laws and/or regulations, you will obtain written consent of such individual before sharing the Personal Data with us.
5. Licence; Intellectual Property Rights
   1. Licence to Access and Use the Site. During the term of this Terms of Use, you may access and use the Site and/or Software for the purpose of the Services. We retain all right, title, and interest in and to the Site, including all software included in and used to provide the Site and all IP Rights (as defined below) reproduced through the Site.
   2. Ownership of IP Rights. All trade names, trademarks, service marks, slogans, logos, patents, copyrights, software, business processes, inventions, trade secrets and other present and future similar rights, in whatever media, whether registered or unregistered (“IP Rights”) in relation to Tranglo’s Services are the sole and exclusive property of Tranglo or its affiliates. You may not use any such IP Rights in advertising, publicity or in any commercial manner without our prior written consent.
   3. For the avoidance doubt, your right to use the Services and/or access and use the Site do not grant you:
      1. any right to reproduce, modify, distribute or publicly display or perform the software in the Site; or
      2. any other right to Tranglo’s or its affiliates’ IP Rights not specifically set out in this Terms of Use.
6. Risk and Disclaimer
   1. You acknowledge and agree that the Site, Software and/or Services:
      1. is provided on an “as-is” and “as-available” basis, and to the maximum extent permitted under applicable law, all representations, warranties, conditions and other terms implied by statute, common law or otherwise in respect of the Site and Software (including but not limited to, the implied conditions, warranties or terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care) are excluded from this Terms of Use;
      2. may be subject to limitations, delays, and other issues inherent in the use of the internet and electronic communications including but not limited to the device (if any) used by you or the third party provider being faulty, not connected, out of range, switched off or not functioning;
      3. may have temporary interruptions in its service due to failure beyond our control including but not limited to, the failure of interconnecting operating systems, computer viruses, and forces of nature, labour disputes, pandemics and armed conflicts.
   2. Notwithstanding the above, we will use reasonable endeavours to ensure that the Site can be accessed by you in accordance with this Terms of Use.
   3. No information in this Terms of Use should be considered to be business, legal or financial advice. You should consider obtaining your own, independent legal advice before using the Site and/or Services.
7. Indemnity and Limitation of Liability
   1. Indemnity. In consideration of the provision of Services, you agree to indemnify and hold harmless Tranglo, Tranglo’s and Tranglo’s affiliates’ directors, employees, agents and authorised Representatives against any and all liabilities, costs, expenses, losses and damages (including any reasonable professional costs and expenses calculated on a full indemnity basis), arising out of or in connection with:
      1. your misuse of the Services;
      2. all claims and demands that we may receive from any third-party for execution, non-execution or delay in execution of your Instruction in the respective Services you have subscribed with Tranglo;
      3. your breach of any of the provisions in this Terms of Use or any applicable law or regulations; and
      4. your violation of any rights of any customer, recipient and/or third party, including but not limited to, intellectual property rights.
   2. Limitation of Liability
      1. Our liability to you is limited to your use of the Site only. We shall not be liable, obligated or be responsible for any dispute between you and your customers or any other third party. You shall resolve such disputes directly with the relevant persons; and
      2. Neither we, our officers or employees will be liable to you or any third party connected to your use of the Site for any loss of business, profits, revenue or goodwill, and any indirect, consequential, special, exemplary or punitive losses or damages suffered, whether arising from negligence, breach of contract or otherwise (including but not limited to unauthorised use of the Site or inability to access or use of the Site).
8. Force Majeure
   1. Neither party shall be in breach of this Terms of Use nor liable for any delay or failure in performing any of its obligations under this Terms of Use if such delay or failure result from any means any circumstance not within a party’s reasonable control (“Force Majeure Event”), including:
      1. any acts of God, flood, drought, earthquake or any natural disaster;
      2. act of government mandated cessation or suspension of business or operations due to any epidemic, pandemic or viral outbreak;
      3. government declared state of emergency, war or warlike hostilities, civil commissions, riots, blockades, embargoes, sabotage, strikes or lockouts; or
      4. interruption or failure of utility service.
   2. The party affected by the Force Majeure Event shall, within five (5) days from the occurrence of the Force Majeure Event, inform the other party in writing of such Force Majeure Event and the affected party shall be suspended from performing its obligations under this Terms of Use for such duration as may be agreed between the parties.
9. Governing Law and Dispute Resolution
   1. Governing Law. This Terms of Use and the rights of each party shall be governed by and construed in accordance with the laws of Malaysia.
   2. Good Faith Discussion. We hope to resolve any dispute relating to or arising out of the use of this Site by way of good faith discussion. A party may issue a written notice to the other to initiate such discussion.
   3. Arbitration. If the dispute cannot be amicably resolved within sixty (60) days after the date of the notice as set out in Clause 9.2, such dispute shall be referred to and finally resolved by arbitration in Malaysia at Asian International Arbitration Centre (AIAC) in accordance with the arbitration rules of AIAC for the time being in force, which rules are deemed to be incorporated by reference in this Terms of Use. The tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English. The seat of the arbitration shall be Malaysia. The cost of the arbitration and reasonable legal fees will be payable by the parties as the arbitrator directs in the arbitration award. The decision of the sole arbitrator to any such dispute, controversy, difference or claim shall be final and binding upon both parties.
10. Acceptable Use; Prohibited Activities
    1. In accordance with this Terms of Use, you shall not use Services for the following purposes:
       1. Selling or involved in any illegal activities involving:
          1. Drugs, medical marijuana, cannabis seeds, drug paraphernalia;
          2. Illegal substances and products;
          3. Human organs and weapons;
          4. Counterfeit products and replicas;
          5. Unauthorised copyright media and software;
          6. Merchants involved with bestiality, rape, hate, violence, or incest;
          7. Child abuse imagery and child pornography;
          8. Jail breaker equipment and software;
          9. iCopyright unlocking devices;
          10. Illegal services;
       2. Online gambling or internet gambling, including but not limited to poker, casino and sport betting;
       3. Offering pyramid schemes, unregulated e-money and foreign exchange, get rich quick schemes and/or high-yield investment programs (except for legitimate multi-level marketing businesses);
       4. Any involvement (whether directly or otherwise) with activities that have been sanctioned, restricted, deemed illegal or placed under surveillance by any applicable regulatory authority having jurisdiction over Tranglo, the transaction and/or where applicable, any intermediary institution, including but not limited to involvement with cryptocurrency exchange/wallet/schemes sanctioned, restricted, deemed illegal or placed under surveillance;
       5. Business activities that by its nature restrict, are unable to or do not fully verify the identity of all parties involved and do not allow Tranglo full visibility and access to information relating to the entire transaction associated with a product and/or service; and
       6. Pseudo pharmaceuticals and other products that make health claims that have not been approved or verified by the applicable local and/or national regulatory body.
    2. Tranglo shall determine whether you have violated this Clause 10. In the event of any violation of the same by you, Tranglo has the right to terminate your access and use of the Site and Service at any time without prior notice to you.
    3. In addition to Tranglo’s right to terminate, Tranglo may:
       1. Report your violation to the relevant regulatory and law enforcement authorities;
       2. Initiate legal action against you for recovery of any losses or damages incurred by Tranglo due to your violation.
11. Suspension and Termination
    1. You may terminate your Account with us at any time by contacting support@tranglo.com.
    2. Unless stated otherwise, Tranglo may, at any time, suspend or terminate your access and use the Services, the Site, the Software and the Account for the following reason:
       1. you have violated any of the terms and conditions in this Terms of Use;
       2. we have reason to believe or have determined that you are in violation of any applicable laws or regulations, including involvement in fraudulent activity, money laundering, terrorism financing, criminal and/or illegal activity;
       3. we are required or directed to do so by any competent court of law, regulatory authority or law enforcement agency;
       4. we reasonably believe that your Account has been compromised or your Account has been used or is being used without your authorisation;
       5. there has been no activity carried out in your Account for at least twelve (12) months; and/or
       6. you have failed or neglected to provide any requested information and/or document necessary for us to continue providing the Services to you.
    3. We may, at our discretion, require you to provide additional information and/or document from you in order to process the termination and Account closure. It is in your own best interest to cooperate with us to ensure the termination and Account closure process proceed smoothly.
12. Specific Notice to Individuals
    1. Tranglo Sdn Bhd holds a Class B remittance licence issued by Bank Negara Malaysia. If you are acting as an individual customer, please take of the following regulatory notice:
       Notice to Customer (Remittance service)
       Customer Due Diligence (CDD) is a requirement under the Anti-Money Laundering and Anti-Terrorism Financing Act 2001 (AMLATFA) and Money Services Business Act 2011 (MSBA). CDD shall be conducted on customer conducting any transaction. Please produce your identification document before making any transaction.
       Notis kepada Pelanggan (Perkhimatan pengiriman wang)
       Pelaksanaan Usaha Wajar Pelanggan (Customer Due Diligence / CDD) adalah satu keperluan di bawah Akta Pencegahan Pengubahan Wang Haram dan Pencegahan Pembiayaan Keganasan 2001 (AMLATFA) dan Akta Perniagaan Perkhidmatan Wang 2011 (MSBA). Usaha Wajar Pelanggan akan dilaksanakan terhadap pelanggan yang melakukan sebarang transaksi. Sila sediakan dokumen pengenalan anda sebelum menjalankan sebarang transaksi.
13. Contact Us
    1. If you have any questions regarding this Terms of Use, our Services or a question related to this Site, please contact us at support@tranglo.com.