- In these Terms and Conditions, unless the context requires otherwise, the following words and expressions shall have the following meanings:
"Business Day"
means any day (other than a Saturday, Sunday and Public Holiday in Australia) on which banks are open for general business in Australia, the Member Country and the Beneficiary Country;
"Beneficiary"
means the person (natural or legal) receiving the funds from the Member;
"Beneficiary Country"
means the country in which the Beneficiary maintains the account for the funds to be received;
"Confidential Information"
means all information (not available to the public) in whatever form, including but not limited to visual, oral or electronic form, relating to MM, the MMT Platform and/or the Users of the MMT Platform, which is obtained, provided or disclosed through MM, these Terms and Conditions and/or the MMT Platform to the Users;
"Content"
means all contents available on the MMT Platform, whether created by MM and/or the User, including organisation, layouts, user interface, texts, documents, databases, graphics, designs, compilations, photographs, pictures, drawings, videos, sound recordings and other materials;
"Exchange Rate"
means the exchange rate between the relevant currencies as determined by MoneyMatch and made available on MMT Platform;
"Fees"
means the fees at the rate as determined by MoneyMatch through MMT Platform payable by the Member to MoneyMatch for the services provided within the MMT Platform;
"Intellectual Property"
means patents, trademarks and service marks, rights in designs, trade or business names and copyrights (whether or not any of these is registered and including pending applications for registration of any such thing) and rights under licences and consents in relation to any such thing and all rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world;
"Member"
means a User (as an Individual Member or a Corporate Member) whose sign-up and/or registration has been approved by MoneyMatch and such approval has not been suspended, terminated or revoked;
"Member Account"
means the bank account of the Member;
"Member Country"
means the country in which the Member Account is maintained;
"MM/MoneyMatch"
means MoneyMatch Sdn. Bhd. (Company No. 1133611-P), a company incorporated in Malaysia under the Companies Act 2016 and having its office address at Unit 3.03, Menara LGB, 1, Jalan Wan Kadir, Taman Tun Dr Ismail, 60000 Kuala Lumpur, and is the operator and owner of the MMT Platform, and includes (if any) its head office, representative and branch offices, any related company or associated company, in any jurisdiction, which includes its subsidiary incorporated in Australia with a registered address at Unit 1915, 601, Little Lonsdale Street, Melbourne VIC 3000, Australia;
"MMT Platform"
means MoneyMatch Transfer, the web-based communication platform at https://www.moneymatch.com.au and its related “MoneyMatch” mobile applications, related databases and supporting software operated by MM to which the Users are entitled to gain access, but excluding equipment, software and telecommunication configurations or links belonging to MM, the Users or any third party;
“Net Payout Amount”
means the net amount less the bank charges pursuant to Clause 5.10 to be credited to the Beneficiary Account;
"Order"
means the order created by the Member on the MMT Platform to make a Transfer in accordance with the Agreement;
"Parties"
means MoneyMatch and the User, and “Party” means any one of them;
"Transfer"
shall have the meaning prescribed in Clause 4.1;
"Transfer Amount"
means the amount (in the relevant currency stated in the Order) to be transferred by the Member to the Beneficiary for MM to perform the Transfer exclusive of the Fees;
"User"
means any person who browses, visits, accesses and/or uses the MMT Platform whether active, semi-active or inactive and includes the Members;
- References to statutory provisions shall be construed as references to those provisions as amended or re-enacted or as their application is modified by other provisions (whether before, on or after the date hereof) from time to time and shall include any provisions of which there are re-enactments (whether with or without modification).
- References herein to Clauses and Schedules are to clauses in and schedules to these Terms and Conditions unless the context requires otherwise and the Schedules to these Terms and Conditions shall be deemed to form part of these Terms and Conditions.
- The expressions "MM", "Member" and "User" shall, where the context permits, include their respective successors, personal representatives and permitted assigns.
- Unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing a gender include every gender.
- Where a word or phrase is given a defined meaning in these Terms and Conditions any other part of speech or other grammatical form in respect of such word or phrase has a corresponding meaning.
- Any reference to “these Terms and Conditions” is a reference to these MMT Platform Terms and Conditions (including the schedules) and any written amendments, supplementals or novations of these Terms and Conditions from time to time, and includes a reference to any document which amends, waives, is supplemental to or novates the terms of these Terms and Conditions.
- Any reference to “writing”, or cognate expressions, includes any communication effected via the MMT Platform, electronic mail, telex, cable, facsimile transmission or other comparable means but shall not include short messaging services, instant messaging services or internet chat.
- Any reference to a “day”, “week”, “month” or “year” is to that day, week, month or year in accordance with the Gregorian calendar.
- If any period of time is specified from a given day, or the day of a given act or event, it is to be calculated exclusive of that day and if any period of time falls on a day which is not a Business Day, then that period is to be deemed to only expire on the next Business Day.
- Any payment from MM to the Users under these Terms and Conditions shall be without any interest.
- MM will endeavor to process and complete all orders submitted by our Members during the normal business hours of MM (09.00 to 17.00 local time in Sydney, Australia) on a Business Day. Where a transaction is confirmed through the MMT Platform after the close of business hours on one Business Day, then that transaction will be confirmed and deemed to have become final and binding at the opening of business hours on the next Business Day.