Qcash | Terms of Service

User Terms of Service (Draft)

2024.6.3 Version

This User Terms of Service (hereinafter referred to as the “Terms of Service”) is made by and between:

Party A: Registered Member (including name, ARC number, date of birth, residential address, mobile phone number, and other member information, etc.) (hereinafter referred to as “Users”)

Party B: Quilter International Enterprise Co., LTD. (Business ID number: 53713463) (hereinafter referred to as “Quilter” or “the Company”).

The services listed above in the Terms of Service approved by the business permission certificate of small amount remittance services for foreign migrant workers approved by the Financial Supervisory Commission (hereinafter referred to as “FSC”) in letter No. 0000000000 on date (hereinafter referred to as “Business Permit”).

Whereas, the Users are migrant workers who has a legal residence in Taiwan and is a worker as defined in Subparagraph 8 to Subparagraph 11 of Paragraph 1, Article 46 of the Employment Service Act, and are aliens with a valid ARC. If the Users click “Agree” on the mobile application provided and set up under this Term of Service (hereinafter referred to as “QCASH app”) and presses the submit button after signing, this means that the Users agree with the contents of the terms and conditions of this Terms of Service. and understand that this Terms of Service is established on the principles of fairness, reasonableness, equality, reciprocity and good faith. For the protection of the right and interest of the Users the Terms of Service provided by the Company are available for the User to take with them or are posted on this service website, allowing the Users at least five days to review it,

Article 1. Information of This Company

Business Permit number:
Name of the company: Quilter International Enterprise Co., LTD
Representative of the company: YING-YIN KUO
Registered address: 9F., No. 516, Sec. 5, Zhongshan N. Rd., Shilin Dist., Taipei City
Website: https://www.qcash.tw/
Complaint (customer service) hotline and email address: +886-2-28839209, qcs@quilter.net
Complaint (customer service) service hours: 09:00-18:00

Article 2. Scope of Application of this Terms of Service

The Company shall provide the Users with the “Migrant Workers Foreign Small – Amount Remittances Services” (hereinafter referred to as “Service”).

The rights and obligations of both parties to this Service shall be determined in accordance with the terms and conditions of this Terms of Service.

Article 3. Period of this Terms of Service

From the date of the Users agree to use this Service to the expiration date of this Business Permit of the Company.

If the extension of the period of this Business Permit of this Company is agreed by FSC, the period of this Terms of Service will be extended to the last expiration date of this Business Permit of this Company.

Article 4. Contents of this Terms of Service

The following shall be considered as part of this Terms of Service and has the same effect as this Terms of Service:

The application for remittance filled by the Users on the QCASH app.
Advertising or promotional content of the Company related to this Service
This Service charge disclosed by the Company on the QCASH app.

If the contents of this Terms of Service contradicted or conflict with each other, interpretations shall be made in favor of the Users.

Article 5. Registration, Account Password and System Security

When the Users use this Service, the Users should enter the account number and set a password according to the instructions on the registration page. The Users agree to use this account and password to log in to the QCASH app to use this Service.
The Users shall fill in the information and take photos and upload the ARC and photos according to the guidelines on the registration page of the QCASH app so that the Company can confirm the authenticity. The Company shall refuse the Users to use this Service after informing the Users of the reasons if:
1. The information provided by the Users are incorrect or incomplete, and the Users fail to correct it after being notified by the Company;
2. The Users are not workers as defined in Subparagraph 8 to Subparagraph 11 of Paragraph 1, Article 46 of the Employment Service Act;
3. The Users do not have a legal residency status;
4. The Users do not meet the standards of anti-money laundering and countering terrorist financing (AML/CFT);
5. The Users’ identifications are false or have the possibility of being counterfeits.
The Users shall possess the legal residency qualification in Taiwan. Should the Users lose their legal residency status, the Company shall refuse to provide the Users with this Service.
When the Users’ ARC is updated, the Users shall take a photo of it and upload the photo, and notify the Company at any time. When the Users log into the app 30 days before the expiration of the ARC, the system will automatically remind the Users to update the Users’ ARC.
The Company will temporarily suspend processing transactions for the Users starting 15 calendar days before the expiration date of their ARC.
The Users have the obligation to properly keep his account number and password. The Users shall not disclose or let the account number and password be known to a third party, or lend or transfer it to a third party for use.
If The Users find that its account number and password have been fraudulently used by a third party, the Users shall promptly notify the Company. The Company shall help the Users change their password after confirming their identity, except as required in accordance with the law, or due cause.
The Company shall maintain this Service system so that it meets and complies with the contemporary technical and professional standards with reasonably expected safety requirements at the time rendering this Service, and prevent illegal intrusion, acquisition, or alteration. If the service system is illegally invaded or destroyed under circumstances not attributed to the Users, the Company shall take reasonable measures to repair it as soon as possible, and such losses shall be borne by this Company.

Article 6. Acceptance, revision and renew of this Terms of Service

Quilter provides services in accordance with the Terms of Service. The Users should review the Terms of Service in detail before using this Service; if the users register and uses this Service, Quilter may deem that the users have reviewed and agreed to the contents of the Terms of Service. In addition, Quilter reserves the right to modify or change the content at any time. The revised content will be announced on the QCASH app and service website and the changes will be clearly stated, and will take effect on the 30th calendar day from the date of announcement. The users may express objections and notify Quilter to terminate the contract before the effective date of the changes; if the users fail to express objections before the effective date, users are presumed to have acknowledged the modification or addition or deletion of terms.
If the users do not agree to the above modification or update of the Terms of Service, or if the users do not accept any other Article of the Terms of Service, the Users may notify the Quilter customer service center in writing at any time (including text through QCASH app or email) to terminate this Terms of Service.
Quilter may, at any time, notify the Users of any content or information related to this Service in writing (including text customer service through the QCASH app or email) or by announcements on this Service website, QCASH app push notification, voice mail, mobile SMS, or any other means that can reach the Users. If there are any changes to the Users’ contact information, they must notify Quilter immediately. Otherwise, notifications made to the originally provided contact information are presumed to have been delivered.

Article 7. Service Description

According to the Terms of Service, the service that users can use is remittance through QCASH app. The Users can check the transaction information including the applicable exchange rate for remittance, the actual foreign currency amount paid to the recipient, the remittance status, the name of the foreign financial institute for remittance or payment, the total fee, and details etc. at any time on the QCASH app.
The currency of the receiving country for outbound remittances is as follows:
1. Philippines (PHP)
After FSC’s approval, Quilter may add, delete, or modify the currencies or regions that can be remitted in accordance with Paragraph 1 of Article 6. Changes to the currency or region may be announced by Quilter on the QCASH app and service website and will take effect on the 30th calendar day from the date of announcement.
The maximum amount of remittance shall not exceed the equivalent of NT$30,000 per transaction. The cumulative monthly remittance amount shall not exceed the equivalent of NT$50,000. The cumulative remittance amount per year shall not exceed the equivalent of NT$400,000.
Quilter reserves the right, with notice in writing (including text through QCASH app or email) of the reasons to Users, not to accept the applications of remittance or cancel services before it notifies the confirmation of the transaction.

Article 8. Service Charge

The charge of this Service is detailed in the QCASH app and announcements on this Service website. However, if there is change or modification, the revised content will be announced on the QCASH app and service website and the changes will be clearly stated, and will take effect on the 30th calendar day from the date of announcement.

Article 9. User Qualifications

Under applicable laws and regulations, Users have the following qualifications when accessing and using this Service or website:
1. The Users are migrant workers who has a legal residence in Taiwan and is a worker as defined in Subparagraph 8 to Subparagraph 11 of Paragraph 1, Article 46 of the Employment Service Act, and are aliens with a valid ARC.
2. The Users are at least 18 years old, or in accordance with applicable laws the Users are adults who can accept this Service without the consent of a guardian and have full capacity to agree to the Terms of Service;
3. The users, their place of residences or nationalities are not listed on the sanctions list published in accordance with Counter-Terrorism Financing Act announced by the Financial Intelligence Units of the Anti-Money Laundering Division of the Ministry of Justice Investigation Bureau, countries or regions where advice of international anti-money laundering organizations is not followed or not fully followed, or any latest countries and regions with high risk of money laundering and terrorism financing and sanctions list.
4. The Users have not been suspended from this Service or removed;
5. The account registration information provided by the Users is true, correct, and complete.
In the case where the Users do not meet the qualifications specified in the preceding Paragraph, the Users shall not access or use this Service, otherwise he will bear all legal and related liabilities derived therefrom. Quilter may, with notice of the reasons to Users, suspend, cancel, or terminate the Users’ accounts or block the Users’ transactions
In order to comply with relevant regulations on preventing money laundering and combating the terrorism financing, Quilter may refuse to provide services to the Users in accordance with the law.

Article 10. Account Registration

In order to use the Service, Users must first register an account on QCASH app, followed by activating the account in order to access and use the relevant features of the Service. When registering an account on QCASH app, Users must provide personal information (including but not limited to name, mobile phone number, nationality, gender, date of birth, place of birth, residence address, resident certificate number, passport number, and set password etc.) When Users register an account, subsequently access, and use the Service, Quilter will adopt procedures to verify the Users’ identity. Users agree to provide correct and complete personal information. In the case where personal information is subsequently modified, Users should update such information immediately to ensure the correctness and completeness.
The Users authorize Quilter to directly or through a third party (including but not limited to its affiliated companies, relevant anti-money laundering and counter-terrorism financing inquiry systems and databases or financial institutions, etc.) conduct inquiries that Quilter regards necessary, including inquiries about identity information (including but not limited to the information listed in Paragraph 1 of this Article) to verify the Users’ identity; Quilter will use the query results for account verification and take corresponding actions as appropriate. Users also authorize all third parties to provide complete responses to such inquiries or requests.
Under the following situations, Quilter has the right to refuse Users registration, re-registration, suspension, restriction, termination, or to delete the QCASH app account and any information and content submitted by the account, or to report it proactively to government agencies:
1. The information provided by the Users during registration or subsequently is out of date, incorrect or incomplete;
2. As a single user, the number of accounts a user can register or have violates Quilter’s restrictions on transferring, lending, or being used by third parties in any way;
3. The Users are unwilling to cooperate with the identity verification process, or are unwilling to explain the nature, purpose, or source of funds of the transaction;
4. Activities or behaviors under the Users’ account violate or are suspected of violating Quilter’s money laundering prevention and counter-terrorism financing policies, or violate other laws (including but not limited to the Money Laundering Control Act and its related laws or interpretations), or Users are not willing to cooperate with Quilter’s requests in accordance with the above-mentioned laws or policies;
5. Any other inappropriate behavior caused by the Users’ behavior such as violation of this Terms of Service.
When any of the following circumstances occurs, Quilter needs to reconfirm the Users’ identity and require Users to provide information or make necessary explanations. During the processing period, Quilter may suspend its transactions:
1. Suspect that the identification and other relevant documents provided by the Users during registration are forged;
2. Suspect the authenticity or appropriateness of the Users’ identity information;
3. The phone number of the Users are used by other Users for identity registration process;
4. Detect transactions suspected of money laundering or terrorism financing;
5. Abnormal situations occur in Users’ transactions;
6. Based on other evidence, Quilter regards it necessary to reconfirm the Users’ identity or to suspend transactions.
When the reasons stated in Paragraph 3 and 4 of this Article no longer exist, Quilter should promptly restore the Users’ QCASH app account privileges or resume transactions.
The QCASH app account registered by the Users may not be transferred, lent, or used by a third party in any way. In the case where the above situation occurs, Quilter may provide written notice to the user to explain or correct the issue. If the user fails to make the necessary corrections after receiving the notice, Quilter may suspend or terminate all business with the Users.

Article 11. User Obligations and Code of Conduct

Users should abide by the laws of the Republic of China and the laws of other countries involved in the process of using this Service. Users guarantee not to use this Service to engage in infringement of the rights of others or illegal activities, including but not limited to: money laundering, terrorism financing, spreading software viruses, stealing information, internet fraud, inciting others to commit crimes, etc.
Quilter has the right to check the Users’ remittance application and require them to provide relevant explanations and/or certificates in accordance with the relevant provisions of the Money Laundering Control Act, the Counter-Terrorism Financing Act, and related domestic and foreign money laundering and terrorism prevention laws and regulations. In the case where Quilter is suspicious of the application, Quilter is obligated to report the money transfer requests to the Ministry of Justice Investigation Bureau.
Users must ensure that the content of the information and documents provided or transmitted is consistent. If either Quilter or the Users finds an error or inconsistency, the other party must immediately notify the other party and make corrections accordingly.
Users should use secure and non-public personal devices and equipment to conduct transactions to reduce the possibility of damage or loss caused by illegal intrusion, acquisition, falsification, destruction of system records or data, etc.
The Users understand and agree that all remittance transactions conducted through the use of this Service do not require the use of sales drafts, on-site signatures, or separate written contracts.
All remittance services provided by Quilter through the QCASH app are subject to the electronic transaction data automatically recorded by Quilter’s computer system. If the Users find that the transaction information is incorrect, they shall notify the Company immediately.

Article 12. Policies of Anti-Money Laundering and Counter-Terrorism Financing

Quilter and financial institutions with contractual relationships will adopt specific policies and procedures to prevent money laundering and combat terrorism financing. Users should cooperate in providing, including but not limited to, funding sources, transaction descriptions, collection, processing and use of Users’ personal information and other related documents, to facilitate Quilter and financial institutions to fully implement the due diligence process, execution, and continuous analysis. This includes monitoring suspicious transactions and reporting relevant situations to government agencies in accordance with the provisions of the Money Laundering Control Act.
Quilter is necessary to retain file records of certain information and documents in accordance with applicable laws and policies (including but not limited to the Money Laundering Control Act, Counter-Terrorism Financing Act, Regulations Governing Small Amount Remittance Services for Foreign Migrant Workers, etc.), and disclose them to financial institutions and government agencies.
Users understand and agree that Quilter has the right to review their remittance applications in accordance with the Money Laundering Control Act, the Counter-Terrorism Financing Act, and related domestic and international regulations concerning anti-money laundering and counter-terrorism financing. If suspicious transactions are detected, Quilter is obligated to report suspected money laundering or terrorist financing transactions to the Ministry of Justice Investigation Bureau or other applicable domestic, international, or transnational supervisory agencies or organizations.

Article 13. Obligations and Responsibilities of this Company

Quilter should manage with great prudence when providing this Service.
When providing this Service, Quilter shall properly store the remittance information and personal data provided by Users, and bear the obligation to maintain secrecy (however, where disclosure of such data to financial institutions and government agencies is required for compliance with the law, including but not limited to anti-money laundering and counter-terrorism financing regulations; such disclosures are not covered by this confidentiality obligation), the retention period for such data is five years after the business relationship with the Users has ended. However, if the law specifies a longer retention period, that longer period will apply.
If Users incur damages due to the intentional acts or negligence of Quilter's employees, assignees, agents, or assistants, Quilter shall be liable in accordance with the law.
When publishing advertisements, broadcasting, or engaging in solicitation and promotional activities, Quilter must not engage in false, deceptive, concealing, or other misleading behaviors that could mislead Users, and Quilter must verify the authenticity of its advertising content. The obligations Quilter holds towards Users must not be less than those stated in the aforementioned advertisements or the information and explanations provided to Users during such solicitation or promotional activities.

Article 14. Transaction Dispute Resolution Channel

In the case where Users need consultation, inquiry, change information, or have any complaints or disputes about Quilter’s services, Users can text on the QCASH app or email to report to Quilter’s customer service center, or call customer service hotline to contact Quilter.
If any dispute arises due to the use of this Service, the Users may choose any of the following dispute resolution mechanisms:
1. File a complaint with Quilter in accordance with Paragraph 2 of Article 13 of the Financial Consumer Protection Act. If the Users do not accept the Quilter’s processing result or the Quilter has not processed it for more than 30 days, the Users can apply to the Financial Ombudsman Institution to institute an ombudsman case (the Financial Ombudsman Institution may also mediate in accordance with Article 23 of the Financial Consumer Protection Act); or
2. File a complaint, in accordance with Articles 43 and 44 of the Consumer Protection Act, with the Quilter, a consumer protection group, the consumer service center or its branch center. In the case where the complaint is not properly handled, file a complaint with the consumer ombudsman or apply for mediation to the consumer dispute mediation commission; or
3. Apply for mediation through the court or the mediation committee of township or municipal; or
4. Apply for mediation or file a lawsuit or other non-litigation procedure with the Taiwan Taipei District Court. However, it may not exclude the application of Article 47 of the Consumer Protection Act or Paragraph 2 of Articles 28 of Code of Civil Procedure or Small-Claim jurisdiction court stipulated by Article 436-9 of Code of Civil Procedure.
In the case where the Users apply to the Financial Ombudsman Institution to institute an ombudsman case, and the decision is less than NT$100,000, Quilter shall accept it; the same applies if the decision exceeds NT$100,000 and the Users have expressed consent to reduce the amount or property value to NT$100,000.

Article 15. Payment Related Agreements

Users shall use QCASH app to carry out operations related to this Services. All operations performed by Users on the QCASH app are received immediately by the system and processed immediately or in batches according to the Users’ instructions. Unless Quilter explicitly provides the feature of withdrawing, canceling, or modifying the transaction, once the transaction is confirmed, the Users may not withdraw, cancel, or modify the services or transaction that have been completed and sent to the Service system.
In order to maintain transaction security and avoid money laundering and terrorism financing, except otherwise stipulated in this Terms of Service, this Service may set up the remittance amount limit for each transaction and number of remittances transaction based on the Users’ usage situation of this Service, and notify in writing 7 calendar days prior. If the Users does not agree to the aforementioned restrictions, they may terminate this Terms of Service at any time by providing written notice (including QCASH app text customer service or email) to the Quilter customer service center.

Article 16. Remittance Failure and Refund

If any of the following circumstances occurs, the remittance will be deemed to have failed. Quilter shall cancel the transaction and report to the Users within the 10th calendar day from the next day after the remittance. Quilter shall return the money to the Users’ designated account and the amount will be remitted in New Taiwan Dollars to the bank account designated by the Users (it must be the Users’ own account); if the Users do not open bank accounts, a registered draft shall be sent to the r’ residential address, or the Users shall be notified to come to the Company in person to sign for a registered draft. Except for the failure of remittance due to the following reasons listed in (V), (VI), and (VII) which shall be borne by Quilter, relevant fees (including but not limited to actual fees such as refund handling fees, bank transfer fees, registered draft issuance fees, and mailing fees disclosed on the service website) incurred for refunding to the Users due to other reasons according to the return method specified by the Users shall be borne by the Users:
1. In the case where remitting cash in accordance with the law of the recipient country, the address indicated by the Users does not exist, the designated payee cannot be found at the indicated address, or the delivery to the designated recipient cannot be made by the next delivery time specified in the notification for any reason;
2. The instruction of the service is inappropriate and insufficient so that Quilter is unable to notify the designated payee, or the designated payee fails to withdraw money in person from the designated financial institution in accordance with the instructions stated in the notice within 10th calendar days from the day of remittance (include the day of remittance);
3. The designated payee’s account does not exist, is frozen, or cannot accept remittance due to other reasons;
4. The designated payee fails to provide relevant identification documents, or refuses to sign payment documents as required by Quilter or the designated financial institution, resulting in failure to collect the money;
5. Quilter or designated financial institutions are prohibited from remittances upon request from relevant government agencies;
6. Quilter or designated financial institutions cannot remit money in order to comply with relevant money laundering prevention regulations or other regulations;
7. An force majeure event occurs, the designated payee is in a disaster area, or the remittance cannot be delivered due to other objective factors;
8. Quilter or the designated financial institution discovers that the designated payee or designated account is listed on the anti-money laundering list, or the purpose of the Users’ remittance is to be remit from the receiving country in the future, or the Users lend accounts to third parties for remittance, and the Company has suspended the remittance service in accordance with Article 25 of the Terms of Service.
If a transaction cannot be completed due to circumstances attributable to Quilter, Quilter must refund the full amount received from the user without deducting any service or refund fees. Quilter must also pay an additional amount equivalent to the service fee of the transaction to the Users as compensation.
The amount to be refunded will be deemed to have been refunded once the following refund procedures are completed:
1. The Company has remitted the money to the Users’ own and designated bank account;
2. The Company has sent the registered bills to the Users’ residential address;
3. The Users have signed and received the registered bills in person from the Company.
The Users understand and agree that in the case where the amount that should be returned is identified to be a suspected violation of the Counter-Terrorism Financing Act, the Company may not be able to complete the refund, and shall notify the Users in writing. procedure in order to comply with relevant regulations.

Article 17. Handling of Transaction Errors

If a transaction error is due to reasons not attributable to the Users, the Company shall assist the Users in correcting the error and provide necessary assistance.
If a transaction error is due to reasons attributable to the Company, the Company shall correct the error immediately upon discovery, and shall notify the Users simultaneously in the manner agreed upon by both parties.
If an error in transactions is due to reasons attributable to the Users, such as entering incorrect information for the transaction channel, account number, or amount when applying for a transaction, leading to erroneous transfers, upon notification by the Users or the transaction channel, the Company shall immediately assist in handling the following matters:
1. Provide details and relevant information of the amount in question to the Users in accordance with their request and applicable laws.
2. Notify the respective Users to assist in handling the situation.
3. Report back to the Users on the handling status.

Article 18. Stop and Interruption of the Service

If one of the following circumstances occurs, Quilter has the right to stop and interrupt the provision of the Service. However, the interruption should be done in a manner that minimizes the impact on Users. Except for force majeure reasons or other circumstances not attributed to Quilter, , Quilter shall announce the suspension of this Service on the QCASH app and this Service website at least seven calendar days prior to its action:
1. When performing necessary maintenance and construction on Quilter’s equipment.
2. When Quilter’s software is significantly updated.
3. When Quilter believes that there is a violation of the Terms of Service or relevant laws (including but not limited to money laundering or terrorism financing prevention and other laws).
4. When Quilter is unable to provide services due to force majeure events such as natural disasters, accidents, or other factors that are not attributable to Quilter.
In the case where the Service cannot be used due to routine maintenance or force majeure events, Quilter may change, suspend, or terminate the content of the Service as appropriate. Quilter is not responsible for any damage caused by force majeure events.

Article 19. Disclosure of Risks Arising from Service

The risks that may arise from this Service are as follows:
1. Risk of internal operation: For example, Quilter employees enter incorrect information, resulting in incorrect or delayed remittances, or Quilter employees remit funds to their personal or third-party accounts with the intention of embezzlement.
2. Risk of partnering institution: For example, funds have been remitted to the partnering institution’s account, but the institution has not paid the money to the payee.
3. Risk of personal data leakage: For example, Quilter employees fail to keep Users’ personal data properly, or Quilter’s system is hacked, resulting in data leakage.
4. Risk of information security: For example, the Quilter system is illegally hacked, resulting in transaction records or user information being obtained, falsification, and destroyed.
5. Risk of force majeure events: For example, events such as earthquakes, fires, floods, and infectious diseases may cause Quilter’s operations to be interrupted or the system to be disconnected.
6. Risk of exchange rate: For example, a black swan event occurs in the foreign exchange market, resulting in excessive exchange rate fluctuations and unexpected losses.
7. Risk of funding: For example, the transaction volume is much higher than expected, resulting in insufficient funds from Quilter and its related companies that cause delays in payment to the payee.

Article 20. Limitations and Exclusions of Liability

The remittance service provided by Quilter is an online service that is completed upon remittance of funds. Services are performed immediately upon provision. The nature of the service cannot be easily returned; therefore, it is not a general consumer product. Accordingly, in accordance with the proviso to Paragraph 1 of Article 19 of the Consumer Protection Act and Paragraph 5 of Article 2 of the Regulations on Reasonable Matters as Exceptions to Rescind the Distance Sales, the rescission of the contract of the distance sales in Paragraph 1 of Article 19 of the Consumer Protection Act is not applicable.

Article 21. Compensation for Damages

In the case where the users suffer from any damages due to the fault of Quilter or its servants, assignees, agents or fulfillment assistants during the remittances process, Quilter shall refund the remittance amount and handling fee collected for the transaction, plus an additional amount equal to the handling fee payable for the transaction (excluding the remittance amount) as reasonable compensation. However, if the amount of compensation exceeds the aforementioned total amount according to law, the statutory compensation amount shall prevail.
In the case where the users violate the laws and regulations of the Republic of China or the Terms of Service, resulting in losses to Quilter, the users agree to bear the liability for Quilter’s losses and expenses. However, Quilter shall bear the burden of proof.

Article 22. Performance Bond

Users understand and agree that the remittance amounts paid to Quilter are not protected by deposit insurance or insurance stability funds.
In accordance with Quilter's payment obligations to users under this Terms of Service, sufficient performance bond by [ ] Bank is acquired. Should Quilter adjust the financial institution providing the sufficient performance bond, Quilter must announce this on the QCASH app and this Service website at any time.

Article 23. Personal Data Protection, Transaction Data Storage and Safety

The following items hereby be told to the Users by Quilter in accordance with Paragraph 1 of Article 8 of the Personal Data Protection Act:
1. the name of the non-government agency: Quilter International Enterprise Co., LTD
2. the purpose of the collection: In order to complete the specific purpose of this Service and provide the Users with information on the promotional activities of Quilter, Quilter may collect, process, use and internationally transmit the Users’ personal information and the recipient's personal information provided by the Users.
3. Classification of the personal information: All information provided by the Users, including name, nationality, date of birth, ID number, ARC number, passport number, gender, address, E-mail, mobile phone number, etc. and other information which may be used to identify a natural person.
4. Time period, area, target and way of the use of personal information:
  1. Time period: The duration period of this Term of Service, or the period of preservation of the information required by the act, or the period of preservation necessary for the execution of the business.
  2. Area: Taiwan, the location of the foreign bank having business contact with this Service, the relevant location of international transmission of personal data (including transmission or receiving) and the location of the recipient.
  3. Target: Quilter, Quilter 's agents in Taiwan, Central Bank of Taiwan, correspondent bank of the transmission/ receiving country exercising the international transmission of personal information, the bank of the recipient account designated by Party A, the bank of the over-the-counter payment, the necessary auxiliary performer for the recipient to receive the fee, the judicial authorities, Financial Supervision Commission, or other organizations or units that are legally accessible.
  4. Way of the use: Use personal information by e-mail, fax, paper or other appropriate method of science and technology at the time.
5. In accordance with Article 3 of the Personal Data Protection Act, the following rights should be exercised and its way
  1. Any inquiry, request for a review and any request to make duplications, but Quilter may, in accordance with the law, charge the Users a necessary fee.
  2. Any request to supplement or correct the personal information, but the Users should provide an appropriate explanation or relevant supporting documents.
  3. Any request to discontinue collection, processing, use or delete of personal data when the specific purpose of the collection of personal information disappears or the term expires. However, this does not apply if the personal data is provided due to compliance with relevant regulations, fulfillments of legal obligations, or business necessities.
  4. Notify Quilter to refuse to accept the marketing. Quilter should not re-use the Users’ personal information for marketing purposes upon provided written notice by the Users.
6. If the Users choose not to provide their personal data, Quilter will not be able to carry out the reviews and handling operations (including customer identity clarification procedure, etc.) in accordance with the relevant law, and will not be able establish any business relationship with the Users and provide this Service.
In accordance with Quilter’s policy regarding personal data protection, Quilter shall properly preserve the personal data collected from users in order to provide remittance-related services. Quilter shall also process and use the data in accordance with the Personal Data Protection Act and other laws.
Quilter shall ensure the confidentiality and security of the data provided by the Users and be responsible for the accuracy of data transmission, exchange, or processing.
For matters related to the collection, processing, utilization, and international transfer of users’ personal data, as well as users’ rights, please refer to the Privacy Policy. This Privacy Policy is considered a part of the Terms of Service.
Users agree that Quilter may, in accordance with relevant laws and regulations or with the approval of the competent authority, commission third parties (institutions) to handle part of this Services.
Where Quilter has outsourced its business operations according to the preceding Paragraph, Quilter shall urge and ensure that outsourced service providers will observe the confidentiality provisions set out in applicable regulations without disclosing relevant information to third parties.
When an outsourced service provider commissioned by Quilter violates the Personal Information Protection Act that results in the personal information of the Users being illegally gathered, processed, or used, or the rights of Users being otherwise infringed, the Users may seek damages from both Quilter and the outsourced service provider.

Article 24. Governing Law and Interpretation

The interpretation, supplement, and application of the Terms of Service shall be governed by the laws of the Republic of China. The Terms of Service are invalid if violating any laws of the Republic of China or the FSC’s approval of the Service or any contents are unconscionable to Users.
If there is a dispute against any terms of this Terms of Services, interpretations of that terms shall be made in favor of the Users.

Article 25. Termination of Contract

Users may notify the Quilter’s customer service center in writing (including text on QCASH app or email) at any time to terminate the use of this Service. Once Quilter receives notice of termination, it will send a notice to the users to confirm the termination. To avoid disputes, users shall notify and close the account only when there are no outstanding remittance transactions in the account. When terminating the use of this Service, users will not be liable to Quilter for any damages or penalty for breaching the contract.
If Quilter encounter any of the following circumstances, Quilter may suspend this Service or terminate this Terms of Services:
1. Quilter becomes bankrupt, suspended, or closes down;
2. Quilter’s Business Permit has been revoked or canceled by the competent authority;
3. This Service is suspended or this Terms of Services is terminated in accordance with the law or directives from government agencies.
If the users encounter any of the following circumstances, Quilter may suspend this Service or terminate this Terms of Services:
1. User provides their own account to assist others in remitting money to a third party;
2. The purpose of the users’ remittance is to remit it again from the recipient country;
3. Users’ remittance transactions are suspected of money laundering or terrorism financing;
4. Situations in which users violate the Terms of Service;
5. The Users’ ARC is not updated at least 15 calendar days prior to its expiration dates;
6. The Users do not have a legal resident status.

Article 26. Miscellaneous

In response to changes in laws, business needs, technological development, etc., the Company will revise and pronounce this Terms of Services from time to time on the QCASH app and service website and the changes will be clearly stated, and will take effect on the 30th calendar day from the date of announcement. This Company is not required to provide prior notice to users, Users can read it on this Service website and QCASH app at any time to protect their rights and interests.
The Terms of Service are written in Chinese. If there are discrepancy in the content between any versions in other languages and the Chinese version, the Chinese version shall prevail.
Without the consent of both parties, the rights and obligations under these Terms of Service may not be transferred to a third party.
If any of these terms and conditions of the Terms of Service should be determined to be invalid by reason of the laws, the remaining Terms and Conditions of the Terms of Service shall survive, remain in full force and effect and continue to be binding and enforceable.