The terms and conditions of this Agreement shall be obeyed by the customer (the "Customer") whoever applies with King's Town Bank (the "Bank") for the King's Pay Account via King's Pay Website for the open of the account and the use of remittance service via King's Pay Website:
Article 1 Definition
Unless defined otherwise in this Agreement, all the specific items are defined below:
"Remittance Services" refer to the remittance service, provided by the Bank with the cooperation of the network, which consists of Western Union Remittance System outside the jurisdiction of Taiwan and the authorized Western Union Agent (the "WU Agent"), received by the Customer directly from the Bank via the internet connection between the computer from the Customer side and the Bank’s computer without going to the counter of the Bank.
二、 「西聯公司」係指美國西聯金融服務有限責任公司（Western Union Financial Services, Inc., 支援匯自美國、加拿大與墨西哥的匯款及商業服務交易業務）和愛爾蘭西聯國際有限責任公司（Western Union International Limited, 支援所有其他匯款業務）及其關係企業。
"Western Union" refers to Western Union Financial Services, Inc. (which supports the remittance from the U.S., Canada, and Mexico and commercial service transaction business) and Western Union International Limited (which supports all other remittance business), and their affiliates.
"King's Pay Website" refers to all the pages under the domain of ktb-wu.com.tw which is established and managed by the Bank.
"King's Pay Account" refers to the exclusive internet account, which is opened by the Customer's application with the Bank via King's Pay Website, for using the Remittance Service.
"Customer" refers to natural person who enters into the open account page on King's Pay Website and fills out the required information to apply with the Bank for the open of King's Pay Account and who is R.O.C national, over 20 years old, and without being subject to guardianship order or assistance order.
"Customer Opening Account Information" refers to the personal information or data filled in by the Customer for opening account on the King's Pay Website's page of opening account or application.
"ID Number" refers to the uniform number noted on the effective and legitimate R.O.C National Identity Certificate held by the Customer.
"Electronic Document" refers to word, voice, picture, video, mark, or other data transferred by internet from the Bank or the Customer, which are made as the records showing their expression via electronics or other method that a person may not identify from perception and which is provided for electronic processing use.
"Webpage Log-in Account" refers to webpage log-in account established by the Customer itself on the King's Pay Website for using the Customer's exclusive King's Pay Account.
"Webpage Log-in Password" refers to webpage log-in password established by the Customer itself on the King's Pay Website for using the Customer's exclusive King's Pay Account.
"Fund-in Account" refers Article 6, Section 1 of this Agreement and the Customer agrees to the Bank on the King's Pay Website that such account is exclusive for the Customer to pay any payment and fees arising for the Remittance Service.
Article 2 Application and Log-in Process of King's Pay Account
Before the Customer uses the King's Pay Website, please confirm the correctness of the King's Pay Website's URL. Then the Customer may start using relevant account application or the Remittance Service; if you have any question, please call the Bank's customer service number for inquiry. The bank will fulfill its duty of care and maintain the correctness and safety of King's Pay Website as well as pay attention to any pirated webpage at all times in order to avoid the damage to the Customer's benefits.
The Customer shall fill in each items of the Customer Opening Account Information on the King's Pay Website by itself and represents and guarantees that the Customer Opening Account Information filled in by the Customer on the King's Pay Website are true information of the Customer, that Customer is the owner of Customer Opening Account Information, and that there is no fact related to that the Customer uses other person's identity without permission or this identity is being used without the owner's permission for the King's Pay Account. Also, the Customer represents and guarantees that the Customer has the rights to fill in the said information and has the capability of normal judgment, identification, and expectation to fully understand the meaning and effectiveness of each terms and conditions of this Agreement in order to sign this Agreement.
The Customer shall ensure the Electronic Document transmitted to the Bank is legitimately authorized and true. If there is any untruthfulness lead to the Bank's damage, the Customer is willing to take all responsibility.
When the Bank receives the application for an account, the Customer agrees the Bank to inquire his/her information from Joint Credit Information Center (JCIC) including the information of "National Identity Card Replacement Information Query Verification (Computer Code Z21)" and "Record of Reported Cases and Supplementary Note Information (Computer Code Z22)". The Bank may preserve, record, and save all type of electronic application and inquiry record and identification information of the Customer.
The Customer agrees and acknowledges that the Bank retains the rights to approve the Customer's application of the King's Pay Account and that the account may only be used after the application for opening account had be reviewed by the Bank. The Customer agrees that, no matter the Bank approves the application or not, the Bank may deny the Customer's application without notifying the Customer in another method and the Customer shall not object thereto.
Once the Bank approves the Customer's application for opening account, the Customer shall log in the King's Pay Website via the ID Number, the Webpage Log-in Account setting up by the Customer, and the Webpage Log-in Password thereafter. The Customer shall keep all the log-in information safe. The Customer represents and guarantees to the Bank that the King's Pay Account shall only be used by the Customers itself.
When the Customer inputs a wrong Website Log-in Password for consecutive 3 times, the computer of the Bank will automatically cease the Customer from using the service of this Agreement. If the Customer intends to use the service after such cessation, the Customer shall proceed with the relevant measures under the Bank's related procedure.
If the Customer's log-in information is lost, damaged, destroyed, or stolen, or there are other situation leading to the misappropriation of the account, the Customer shall apply with the Bank for the deletion of the King's Pay Account under Article 18 of this Agreement via the service line or email listed on the King's Pay Website. Before the Bank approves the deletion of the account informed by the Customer, or the Customer never informs the deletion of the account, and there is a misappropriation to the Customer's King's Pay Account, if the Bank has completed the Remittance Service or received the payment transferred from the Fund-in Account, the Bank's obligation shall be deemed fulfilled and completed and no other or adverse claims or requests may be made by the Customer unless otherwise the Customer may prove that use of the account by third party is not caused by the Customer's intentional or negligent conduct, the remittance transaction detail has been received in the agreed method refers to Article 11 of this Agreement within 45 days, or the Customer cannot inform the Bank due to special events (and the Customer has raised this argument with 45 days of the end of such special event).
Article 3 Notice of Use of King's Pay Account
The Customer acknowledges and understands that King's Pay Account is an account, under the agreement agreed by the Customer and the Bank, providing to the Customer for remittance and is exclusive to the Customer. The Customer has no right to request interests or other account's rights or benefits from the Bank.
The Customer may not revoke the remittance transaction which had been completed. If there is a likelihood of a material violation of law or material breach of the agreement by the Customer, the Bank reserves the right to terminate the Customer's qualification of transaction.
The maximum transaction amount by single Customer via the King's Pay Account for the Remittance Service is stated on the King's Pay Website. The Bank may deny the application for remittance which exceeds the transaction cap and the Customer may not object thereto.
The Remittance Service may only transfer money to the beneficiary who has been appointed by the Customer as frequent beneficiary. The Bank may deny the transaction if the beneficiary is not the appointed frequent beneficiary and the Customer may not object thereto. The number of the frequent beneficiary appointed by single Customer shall be capped to 5 people. If the Customer intends to revise the information of beneficiary, it shall delete the original beneficiary information before it may increase a new one. The deletion of said information is capped to 2 times per month.
If the Remittance Service applied by the Customer involves the outward remittance to Mainland area, the Customer agrees to proceed with the remittance under the competent authority's regulations.
When the Customer implements the Remittance Service, the computer system of the Bank will automatically calculate all the fees for the remittance. The Customer agrees that the said fees will be charged simultaneously with the proceeding of the Remittance Service based on the West Union's fee standard (the fee standard may be different in different countries and for different services). Once the Customer click the agree item confirming on the King's Pay Website, it shall be deemed the Customer agrees being charged with such fees.
The Customer shall ensure and shall check that all the transaction information filled in on the King's Pay Website (including, but not limited to, frequent beneficiary information, amount of the remittance, amount payable, method for receiving money, bank account) is accurate and true and fulfills the Customer's needs. The Bank shall not be responsible for the confirmation or review of the information. If there is any operating mistake by the Customer, or there are errors or omissions to the information filled in, which leads to the Customer's damage or losses (including, but not limited to, remitting the money to wrong person or remitting wrong amount), unless the Bank shall otherwise assist the Customer under Article 12, Section 4 of this Agreement, the Customer shall be responsible for its damages or losses and the Bank shall not be responsible to remitting the amount back or return the amount to the Customer. No claim or request shall be made by the Customer against the Bank.
If it is required by the Bank's internal auditing need or the competent authority's investigation, the Customer agrees that the Bank may disclose the information related to the Remittance Service to said entities and said entities has the rights of audit and investigation.
The Customer acknowledges and understands the content of the Remittance Service and agrees to comply with the required operational period for withdraw remittance amount, remittance fees, method for foreign exchange, notice service, payment method for remittance, refund application, data protection, use of data, etc, stipulated by the agreements, notice items, and related rules between the Bank and Western Union. The Customer further agrees to comply with applicable laws and regulations promulgated by the competent authorities (including, but not limited to, the Central Bank, the Financial Supervisory Commission, and the Bankers Association of the R.O.C).
Article 4 Exchange Rate
The Remittance Service shall be dominated in USD and the Bank may exchange it to NTD for charging purpose. The exchange rate is as follows:
Exchange rate from USD to NTD: The rate shall be based on the "International Express Remittance-USD" listed by the Bank and the Bank may adjust such rate based on the actual situation in foreign exchange market or temporarily delist the exchange rate.
Exchange rate from USD to other currencies: The rate shall be based on the Western Union's exchange rate.
Article 5 Foreign Exchange Declaration
The Customer shall comply with the Regulations Governing the Declaration of Foreign Exchange Receipts and Disbursements or Transactions and the Notice for the Banking Business Assisting Customers for the Declaration of Foreign Exchange Receipts and Disbursements or Transaction promulgated by the Central Bank to declare the settlement amount or type of the remittances per transaction if the Customer implements any transactions under this Agreement involving the necessity for the declaration to the Central Bank for settlement (purchase or sale) of foreign exchange. If there is any false declaration or incorrect information being filled in on the declaration, the Customer may be imposed a fine of a certain amount.
The Customer agrees that the Bank may file relevant declaration on behalf of the Customer within the scope permitted by the related laws and regulations (the Customer shall admit to all the declaration filed by the Banks on behalf of the Customer). When the Bank files the declaration on the Customer's behalf and is aware that the Customer has already exceed the exchange cap or may not conduct such exchange under related laws and regulations, the Bank has to right to deny such transactions. If the exchange has been completed, the Bank may write off the part of the Customer's exchange amount which exceeds the cap on a method the Banks considers appropriate.
The Bank only provides the category of the remittance stated on the King's Pay Website to the Customer for remittance and the Remittance Service may not be proceed if the remittance falls outside the said category.
If the Bank discovers any false declaration, the Bank may limit or cease the use of all the functions of the King's Pay Account by the Customer.
Article 6 Fund-in Accounts
The Customer agrees to the Bank on the King's Pay Website to use its own NTD saving account opened at the Bank, or other Customer's NTD saving account opened at other banks and verified by the cross-bank financial information network verification process via Financial Information Service ("FISC") of the Customer's identity, to be the Fund-in Account exclusive for the Customer to pay all the payments and fees arising from the Remittance Service.
Because of the system and procedure of the Remittance Service, the Customer may only appoint up to three Fund-in Accounts. If the Customer requires any replacement, the Customer shall delete the original appointed Fund-in Account and then appoint a new Fund-in Account. During the period before the complete of the review process of such replacement, if the original appointed Fund-in Account is being settled or ceases to be used, there is a risk that the Remittance Service on the King's Pay Website may not be used. The Customer acknowledges and is willing to take the responsibility for the inconvenience and all the possible losses arising therefrom.
Based on the stipulations in this Agreement, the Customer authorizes the Bank to charge all remittance amount, processing fee, telegraph transfer fee, and any other payables from the Customer's Fund-in Account directly for each application of remittance transaction without advance notification unless there is other stipulation requiring advance notice from the Bank.
Article 7 Refund and Change of Remittance
Unless the refund of remittance is initiated by the Bank or Western Union, if the Customer needs to apply for refund or change of remittance, the Customer shall fill out relevant application form for refund or change of remittance on the King's Pay Website before the completion of such remittance process and the Customer shall comply with the Bank or Western Union's related regulations.
If the Customer's remittance has been credited to the local beneficiary Bank, the Remittance Service shall be deemed complete. The Bank may not proceed with any refund or change of remittance applied by the Customer. The Customer may not object hereto and shall take all the related risks and responsibilities by itself.
The Customer agrees the Bank may deduct related fees from the refund (including but not limited to transaction fee or loss resulting from foreign exchange rate) and transfer the remaining in the NTD base on the buying rate of the International Express Remittance at the time of the payment by the Bank to the Fund-in Account designated by the Bank representing the delivery of the refund of remittance. It shall be deemed that the Customer receives the refund of remittance when the Bank transfers such refund.
Article 8 Risk of Network System Transmit
The Customer shall ensure the safety of the information system it uses to prevent illegal access, collection, alteration, destroy of the business record or the Customer's personal information.
To apply for the use of services under this Agreement, the Customer shall install all the required computer hardware and software as well as other safety related equipments. All the expenses and risks of the installation shall be borne by the Customer.
The Customer agrees to use the internet to transmit and receive Electronic Document with the Bank. The Customer shall enter into internet service agreement with each internet business operators for each rights and obligations and shall be responsible for the expenses and risks of the use of internet.
Due to the Bank or Western Union's requirement for system maintenance or system operation, the Bank may cease the transmission temporarily without notice if the Bank will not be able to transmit each of the Customer's transaction information or application or the said transmission will be incomplete. The Customer may not request the Bank to transmit said information or application or request any direct or indirect losses arising from the temporary cessation.
The Bank has no obligation to proceed with the information or message transmitted from the Customer which fails to comply with system process or relevant process. The Bank may refuse to proceed with the received Electronic Document due to one of the following situations:
1. The Bank has reasonable doubt about the truthfulness of the Electronic Document or correctness of the matters stated in said document.
2. The Bank's processing of the Electronic Document will violate relevant laws and regulations.
3. The Bank may not charge the fees payable by the Customer from the Fund-in Account because of the reason of the Customer.
The Bank shall notify the Customer the reason and situation via the mutual agreed upon method when the Bank refuses to proceed with Electronic Document stated in the preceding paragraph. The Customer may confirm with the Bank via the agreed method after receiving the notice.
During the transmission process, there will be infringement risk of a third party's access, destroy, or collection of Costumer's information via internet. The Customer acknowledges said risks and agrees the Bank may transmit the information. For the dispute that a third party breaks the Bank's protective measure of the information system or uses the loophole of the information system, the Bank shall be responsible to prove such fact does not exist. The Bank is responsible for the damages of the Customer caused by the invasion of the Bank's information system. If there is any direct or indirect damage or any leak of the Customer's information which is result from the situation not attributable to the Bank, the Customer shall bear the relevant risks and responsibility by itself and the Bank has no responsibility.
Article 9 Effectiveness of Electronic Document
Unless stipulated by the applicable laws and regulations otherwise, the Bank and the Customer agrees to use the Electronic Document as a way of expression and the Electronic Document exchanging under this Agreement shall have the effect equivalent to written document.
Article 10 Time Limit of the Electronic Document Exchange Process
The Electronic Document is processed by the Bank's computer. The Electronic Document issued by the Customer may not be revoke after the Customer confirms the correctness of its content through the double-check mechanism provided on the King's Pay Website and after such document has been transmitted to the Bank.
Article 11 Transaction Verification
The remittance transaction detail applied by the Customer on the King's Pay Website may only be inquired via King's Pay Website and shall be deem the transaction certificate or the statement of account. The Customer agrees the Bank shall not have to provide or deliver any transaction certificate or statement of account to the Customer.
The Bank will disclose the transaction details, as a way of transaction notifications, on the King's Pay Website to notify the Customer after each transaction instruction has been completed and the Customer shall verify if the result and account transaction detail have any mistake. If there is any incorrectness, the Customer shall notify the Bank via the service line or email address listed on the King's Pay Website within 45 days of the complete of such remittance.
The Bank shall immediately investigate the event notified by the Customer under the preceding paragraph and shall inform the Customer the situation or result of the investigations (including, but not limited to, email or notice on King's Pay Website) within 30 days from the delivery date of the Customer's said notice. The Customer may inquire and confirm by itself.
Article 12 Process of the Mistake on the Electronic Document
For the use of the service under the Agreement, if a mistake has happened on the Electronic Document due to the reason not attributable to the Customer, the Bank shall assist the Customer for correction and shall provide other necessary assistance.
If a mistake has happened to the service in preceding section due to the reason attributable to the Bank, the Bank shall correct it immediately after it is aware of the mistake and shall inform the Customer via the Electronic Document or other method agreed by both parties.
If the Bank may not identify the identity or content in the Electronic Document from the Customer received by the Bank, it will be deemed that the document never has been transmitted by the Customer and the Bank shall not be liable for the Customer's mistake, omission, or repeated transmission of information or message.
For the use of the service under the Agreement, if a mistake has happened in Electronic Document due to the reason attributable to the Customer and the mistake is an error to the code of a financial institution, number of the saving account, or the amount during the processing of application or operating of the service by the Customer, which leads to transferring money into wrong account or transferring wrong amount, the bank shall proceed with the following matters after informed by the Customer:
1. Providing the detail of such transaction and relevant information under application laws and regulations.
2. Notifying Western Union for assistance.
3. Reporting the situation.
Article 13 Preservation of the Records
The Bank and the Customer shall preserve all the records of the Electronic Documents related to instruction of transaction and ensure their truthfulness and completeness.
The Bank has duty of case to preserve the said records. The period for the preservation is over 5 years, but a longer period will apply if stipulated by other laws and regulations.
Article 14 Confidentiality Obligation
Unless stipulated by other laws, the Bank shall ensure the Electronic Documents exchanged and the Customer's information collected for the use or implementation of this Agreement not to be disclosed to a third party, nor to be used in the purpose not related to this Agreement. When the Customer agrees to notify a third party, the Customer shall ensure the third party complies with the confidentiality obligation under this Article.
If said third party breaches the confidentiality obligation, it will be deemed that the Customer breaches the obligation. If the Customer suffers damages due to the violation of the preceding paragraph by the Bank, the Bank shall be liable for the compensation according to the Consumer Protection Act and other relevant laws.
Article 15 Provision of Money Laundering Protection
The Customer agrees that the Bank may collect, process, use, or internationally transfer the personal information of the Customer and relevant information of each transaction under the purpose of money laundering protection, criminal protection, countering terrorism related laws and regulations (including, but not limited to, the seizure of transaction amount/documents, or the investigation against the Customer or against the transaction or money initiated by the Customer, under the money laundering protection, criminal protection, and countering terrorism related laws and regulations in the jurisdiction where the overseas bank located). If any information provided by the Customer involves personal information of a third party (e.g, beneficiary), the Customer shall ensure the third party acknowledges and agrees to aforementioned matters. If there is any transaction delay or failure, or additional charges increased due to one of the aforementioned matters, due to the Customer's failure to provide aforementioned information, or due to the Customer's failure to collect third party's consent, the Customer shall be liable and the Bank has no liability. If the Bank suffers any damages arising therefrom, the Customer shall compensate the Bank.
Article 16 Temporary Cessation or Termination
Unless otherwise stipulated by this Agreement, if there is any one of the following situations, the Customer agrees to cooperate with the Bank for the temporary cessation or termination of the use of the King's Pay Account under this Agreement or application laws and regulations, and the Customers may not claim against the Bank for any direct or indirect damages or losses which arises from the temporary cessation or termination:
1. The Customer provides untruthful information to open an account.
2. The Customer provides or lends the Customer's account to other to use.
3. The Customer uses the account for fraud, money laundering, and other illegal matters.
4. The Customer uses other's identity for apply the account.
5. The Bank monitors and investigates the suspicious transactions involving the Customer's account and confirms that there are illegal matters.
6. The Customer refuses to explain to the Bank in regard with period review process, the type and purpose of the transaction, or the source of the funds.
7. Without violation of applicable laws and regulations, the Bank knows or has to assume the funds which transfer from and to the Customer is from corruption or misuse of public assets.
8. The Customer is a terrorist or terrorism group which is acknowledged or investigated by foreign government or international money laundering institution or which is being imposing economic sanction.
9. If there is necessary of system maintenance or operational requirement, change of circumstances, or requirement from competent authority, the Bank temporarily cease or terminate the use of the account, after the Bank announces the estimated maintenance period on the King's Pay Website.
10. The Customer violates the other stipulations under this Agreement and fails to rectify such violation after being demanded to do so or being claimed to do so within a time limit.
11. The Bank or the competent authority considers that there is a likelihood of illegal or improper use of the account.
Article 17 Compensation Liability
The Bank and the Customer both agree to transmit or receive Electronic Document under this Agreement. Both parties agrees that, if there is any delay, omission, or mistake attributable to one party which leads to the other party's damages, such party shall compensate the other party for the damages.
Article 18 Deletion of the Account
If the Customer intends to proceed with the deletion of the King's Pay Account, the Customer shall apply with the Bank for the deletion process via the service line or email listed on the King's Pay Website. The Customer may not log in the deleted King's Pay Account on the day that the Bank completes the deletion of such King's Pay Account. All the information (including, but not limited to, detail of remittance transaction, detail of log-in, information of frequent beneficiary, and other electronic records), which may be inquired after logging in by the Customer, will not be inquired or collected by the Customer. If the Customer has requirement to use the Remittance Service via King's Pay Account afterward, the Customer shall apply for another King's Pay Account. The Customer may not request the Bank to maintain or recover the information of a deleted account. The Customer understands and acknowledges that the Bank is obligated to preserve relevant information internally under applicable laws and regulations as well as under internal rules after the Customer applying for deletion of an account.
Article 19 Effect, Change, and Termination of the Agreement
The Agreement shall be effective from the day the Customer clicks the agree to the Agreement on the King's Pay Website to the day the Customer apply for the deletion of the King's Pay Account on the King's Pay Website.
The Customer may proceed with the deletion of the account at any time under preceding Article to terminate the use of the King's Pay Account and the Agreement.
When the contract clauses of this Agreement are amended, added or deleted, after being notified in writing or via mutually agreed method, if the Customer does not object within 7 days, he/she shall be deemed as agreeing to the amendment, addition or deletion.
If the Agreement change concerns any of the following matters, the Bank shall notify the Customer at least 60 days in advance in writing or make a notification in branch or website and inform the Customer that he/she may raise objection before the change comes into effect and that the Customer shall be deemed to have accepted the revision, addition or deletion if he/she did not raise any objection during said period of time. The notification shall include explicit wording stating the changed provisions, the content of the new and old provisions. Additionally, the Bank shall inform the Customer that if he/she/it has raised an objection over the change, he/she/it has the option to notify the Bank of termination of this Agreement during the aforesaid time period:
1. Third parties have fraudulently used or stolen the identity information such as username, password, certifications, private keys, or any other unlawful authorization by the Bank or the Customer to notify other parties.
2. Other matters stipulated by the competent authority.
The termination of the Agreement shall not affect the rights and obligations happened before the termination.
Article 20 General Terms
The Agreement and the rights and obligations arising from the Agreement shall not be assigned or transferred without the other party's consent.
The Bank may inform the Customer via the email address provided by the Customer for the purpose of performing the Agreement or if there is any matter that the Bank shall inform the Customer personally. If the Customer changes its email address, it shall notify the Bank in writing or in other agreed method and it agrees the changed email address shall become the place where the Bank delivers its notice. If the Customer fails to notify the Bank in writing or in other agreed method for the change of its email address, the latest email address the Customer inputted shall be considered the place where the Bank delivers its notice. The Customer shall take related risks if the notice may not be delivered to the Customer or the delivery is incomplete because the Customer changes its email address and fails to inform the Bank.
The titles of each articles of this Agreement is for convenience of reference only and shall be affect the interpretation, explanation, and understanding of the relevant articles and sections of this Agreement.
The establishment, effect, explanation, performance of the Agreement shall be governed by the laws of Republic of China.
For any disputes arising from the Agreement, both parties agree that Taiwan Tainan District Court shall be the court of first instance.