User Agreement for WORLD EXCHANGE SERVICES PTE LTD Service.



Last Update: September 15, 2017

Consumer advisory - WORLD EXCHANGE SERVICES PTE. LTD payment service is regarded as a stored value facility under Singapore law.

WORLD EXCHANGE SERVICES PTE. LTD. (further WEX) is the Holder of the stored value facility, does not require the approval of the Monetary Authority of Singapore. Consumers (Users) are advised to read these terms and conditions carefully.

This User Agreement ("User Agreement") is a contract between you and WEX and applies to your use of the WEX payment service and any related products and services available through WEX websites (collectively the "Service"). In the event of discrepancies between the Russian and the English version of this Agreement, the English version shall prevail. If you do not agree to be bound by the terms and conditions of this Agreement please do not use or access our Service.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a member of WEX.

In this Agreement, "you" or "your" means any person or entity using the Service ("Users"). Unless otherwise stated, "WEX", "we" or "our" will refer collectively to WEX and its subsidiaries.

We may amend this Agreement at any time by posting a revised version on our website. The revised version will be effective at the time we post it. In addition, if the revised version includes a substantial change, we will provide you with 30 days’ prior notice by posting notice of the change. After this 30 days’ notice, you will be considered as having expressly consented to all amendments to this Agreement.


1. The Legal Relationship between You and WEX

1.1 User Relationship
WEX acts as a facilitator to help customers accept payments and to help customers make payments. WEX has independent relationships with the sender and the receiver of payments. We act based upon your direction and your requests to use our Services that require us to perform tasks on your behalf. WEX will at all times hold your funds separate from its corporate funds, will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge that (a) WEX is not a bank and the Service is a payment processing service rather than a banking service, and (b) WEX is not acting as a trustee, fiduciary or escrow with respect to your funds, but is acting only as an agent and custodian.

By using WEX Services you further agree to the following statements:

1. represent that you are:
(a) NOT an individual who is a resident of the United States of America, its territories or possessions, any state of the United States of America or the District of Columbia (the “USA”);
(b) NOT a corporation, partnership or other legal entity formed under the laws of the USA;
(c) NOT an agency, branch or office located in the USA of a corporation, partnership or other legal entity that was formed under laws other than those of the USA;
(d) NOT a trust of which any trustee is described in (a), (b) or (c) above;
(e) NOT an agent or a fiduciary acting on behalf or for the benefit of an individual or entity described in (a), (b), (c), (d) above.

2. Your decision to use WEX services was:
(a) NOT based, at least in part, on information You received or communications You exchanged while You, or the person providing the information or with whom the communication was exchanged, was within the USA;
(b) NOT made inside the USA; and
(c) NOT communicated to WEX from a source within the USA.

You are not required to carry a balance in your WEX Account in order to use the Service, except in certain circumstances where WEX reasonably determines your account poses a risk. WEX will pool your funds together with funds from other Users, and will place those funds in accounts at one or more financial institutions ("Pooled Accounts").

You agree that you will not receive interest or other earnings on the funds you may keep in your WEX Account. WEX may earn interest on those funds, or may receive a reduction in fees or expenses charged for banking services by the Banks that hold your funds.

By initiating and making payments through the Service or, where available, adding funds to your balance, you authorize WEX to accept funds on your behalf, and to send the funds to the recipient that you designate or into WEX Pooled Account, subject to the terms and restrictions of this Agreement.
When you initiate a payment, WEX will offset funds from the Pooled Account for your benefit to the recipient. When you make a payment, until that payment clears our risk checks and is accepted by the recipient (which may occur instantly or take a few days), you remain the owner of those funds and WEX holds those funds for your benefit and on your behalf, but you will not be able to withdraw those funds or send the funds to any other recipient unless you cancel the initial transaction.

By receiving payments through the Service, you appoint WEX as your agent to cause the funds to be deposited on your behalf in the Pooled Accounts until you further instruct WEX with respect to the transmission of your funds. Through the WEX Website, you may provide instructions to withdraw the funds or send the funds to a third party, in each case subject to the terms and restrictions of this Agreement.

1.2 WEX is only a Payment Service Provider
WEX acts as a payment service provider by creating, hosting, maintaining and providing our Service to you via the Internet. We do not have any control over, and are not responsible or liable for, the products or services that are paid for with our Service. We cannot ensure that a buyer or a seller you are dealing with will actually complete the transaction.

1.3 Identity Authentication
We use many techniques to identify our users when they register on our site. Verification of Users is only an indication of increased likelihood that a User's identity is correct. You authorize WEX, directly or through third parties, to make any inquiries we consider necessary to validate your identity and registration. This may include requiring you to provide WEX with fax or scanned documentation such as a government issued identification card, address verification documentation, ordering a credit report and performing other credit checks or verifying the information you provide against third party databases. However, because user verification on the Internet is difficult, WEX cannot and does not guarantee any user's identity.

1.4 License grant
If you, as a merchant, are using WEX software such as an API, developer’s toolkit or other software application which may include software provided by or integrated with software, systems, or services of our service provides that you have downloaded to or otherwise accessed through your computer, device, or other platform then WEX and its licensors grant you a revocable, non-exclusive, non-sublicensable, non-transferable, royalty-free, and limited license to access and/or use WEX software in accordance with the documentation, including all updates, upgrades, new versions and replacement software, as described herein for your personal use only. You may not rent, lease or otherwise transfer your rights in the software to a third party. Any third party software application you use on the WEX website is subject to the license you agreed to with the third party that provides you with this software. You acknowledge that WEX does not own, control nor have any responsibility or liability for any third party software application you elect to use on any of our websites, software, and/or in connection with the WEX Services.

1.5 Third Party Permissions
If you grant express permission to a third party to take specific actions on your behalf or access particular information about your Account either through your use of the third party’s product or service, or in the API Access, you acknowledge that WEX may disclose the information about your WEX Account to this third party that is specifically authorized by you. You also acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement.

1.6 Release
In the event that you have a dispute with one or more users, you release WEX (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

1.7 No Warranty
WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

1.8 Limitation of Liability
EXCEPT IN THE CASE OF DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, OUR SERVICE, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

1.9 Indemnification
You agree to indemnify and hold WEX, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand (including lawyers’ fees) made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party relating to your use of the Service.

1.10 Liability for Violations of the Acceptable Use Policy
If you engage in the following behavior, WEX may suspend or restrict your access to the Services, hold your funds up to 180 days and fine you, as explained below.
Using the Service to receive payments for any sexually oriented or obscene materials or services in violation of the Acceptable Use Policy;
Using the WEX service to receive payments for any narcotics, other controlled substances, steroids or prescription drugs in violation of the WEX Acceptable Use Policy;
You and WEX agree that the damages that WEX will sustain as a result of the behavior outlined above will be substantial, including (without limitation) fines and other related expenses from its payment processors and service providers, but may be extremely difficult and impracticable to ascertain. In the event that you engage in such activities, then WEX may fine you up to USD 2,500.00 for each such violation and/or WEX may take legal action against you to recover losses that are in excess of the amount fined. You acknowledge and agree that a fine up to USD 2,500.00 is presently a reasonable and genuine minimum estimate of WEX damages, considering all currently existing circumstances.

If you use the Service in a manner that violates this Agreement, the documents incorporated by reference into this Agreement or the WEX Acceptable Use Policy, including but not limited to the two categories described above, your account will be subject to limitation or immediate termination.

You agree that, if either you or WEX commence litigation or arbitration in connection with this paragraph, the prevailing party is entitled to recover reasonable lawyers’ fees and any other costs incurred in such proceeding in addition to any other relief to which the prevailing party may be entitled.

1.11 Liability for reversals
Payments received in your WEX Account may be reversed at a later time. This means that a payment may be reversed from your WEX Account after you have provided the sender the goods or services that were purchased.


2. Sending and Receiving Payments

2.1 Sending WEX Payments
2.1.1 Sending Limits
We may, at our discretion, impose limits on the amount of payments you can send through the Service. Once you reach your sending limit, you will be required to link and confirm your credit card or to verify your WEX Account before using WEX to send any more payments.

"Verified Account" means an Account status that reflects that WEX has verified that an Account holder has legal control of one or more of his or her payment methods. A Verified Account status does not constitute an endorsement of a User or a guarantee of a User's business practices.

2.1.2 Refused and Refunded Payments
When you send a payment, the recipient is not required to accept it. Any unclaimed, refunded or denied payment will be returned to your balance or to your original Payment Method. We will return any unclaimed payment to you within 30 days of the date you initiated the payment.

2.1.3 Multiple Currencies
WEX Multiple Currencies feature allows users to send payments in various currencies. Restrictions may apply regarding which currencies can be sent or received. When you are sending money to a merchant who has requested a currency that is different than your primary currency, you will need to specify whether you want to pay the merchant in the merchant’s requested currency, or in your primary currency. Some merchants may not offer this option.

If you send a payment in a currency that is not your primary currency, we follow these practices:
If you have a Balance in the requested currency, we will fund your transaction from your Balance;
If you have a Balance in a different currency, we will perform a currency conversion and use it to fund your transaction;

2.2 Receiving WEX Payments

2.2.1 Liability for Invalidated Payments
When you receive a payment, you are liable to WEX for the full amount of the payment sent to you plus any Fees if the payment is later invalidated for any reason. This means that, in addition to any other liability, you will be responsible for the amount of the payment sent by the sender, plus the applicable Fees listed in the Fees Policy.


3. Balances and Withdrawing Money

3.1 Balances
If you hold a balance, WEX will hold your funds in Pooled Accounts separate from its corporate funds, and it will not use your funds for its operating expenses or for any other corporate purposes. WEX will not voluntarily make your funds available to its creditors in the event of bankruptcy. You will not receive interest or other earnings on the amounts in your balance. WEX may receive interest on amounts that WEX holds on your behalf. You agree to assign your rights to WEX for any interest derived from your funds.

3.2 Setoff of Past Due Amounts
If you have a past due amount owed to a WEX affiliate, subsidiary, or parent company, WEX may debit your WEX Account to pay any amounts that are more than 180 Days past due.

3.3 Negative Balances and Multiple Currencies
If your WEX Account has a negative balance, WEX may set-off the negative balance with any funds that you subsequently add or receive into your WEX Account or deduct the amount from a withdrawal you may have requested. If you have multiple currency balances in your Account and one of the currency balances becomes negative for any reason, WEX may set-off the negative balance by using funds you maintain in a different currency balance.

3.4 Risks of Maintaining Balances in Multiple Currencies
You are responsible for all risks associated with maintaining balances in multiple currencies. This may include fluctuating exchange rates. You agree that you will not attempt to use multiple currencies for speculative trading.

3.5 Reserves
If WEX places a reserve on funds in your WEX Account, the funds will be shown as “pending” in your WEX Account.

3.6 Withdrawal Limits
For regulatory and fraud prevention purposes, WEX generally reserves the right to review any withdrawals and may request additional identity information or other verification information or transaction information before releasing the funds. Failure to provide the necessary information when requested may delay your ability to withdraw funds and may under locals laws be deemed suspicious activity.


4. Fees and Currency Conversion

4.1 Fees
Fees for Users are specified in the Fees Policy. The Fees Policy constitutes an integral part of this Agreement.

4.2 Currency Conversion
If your transaction involves a currency conversion by WEX, it will be completed at a foreign exchange rate determined by a financial institution, which is adjusted regularly based on market conditions. The exchange rate is adjusted regularly and may be applied immediately and without notice to you. This exchange rate includes a processing fee expressed as a certain percentage above the wholesale exchange rate at which WEX obtains foreign currency, and the processing fee is retained by WEX.

The Currency Conversion Fees that are applicable whenever WEX performs a currency conversion are set out in the Fees Policy.


5. Your Information

5.1 Definition
"Your Information" is defined as any information you provide to us or other users in the registration, payment process, stores or other features of our Service. You alone are responsible for Your Information, as we act as a passive conduit for your online distribution and publication of Your Information.

5.2 Inaccurate Information
Failure to provide true and accurate identification information is prohibited. WEX will restrict your WEX Account and limit your access to funds should you fail to provide true and accurate information at registration.

5.3 License
Solely to enable WEX to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensible (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. WEX will use and protect Your Information in accordance with our Privacy Policy.

5.4 Trademarks
WEX, WEX.sg and all related logos, products and services described on the WEX Websites are either trademarks or registered trademarks of WEX or its licensors, and (aside from the circumstances described below) may not be copied, imitated or used, in whole or in part, without the prior written permission of WEX.


6. Term and Closing Your WEX Account

Your Agreement with us starts when you successfully register for a WEX Account and ends when your WEX Account is closed for whatever reason, except that this User Agreement survives termination to the extent and for so long as we require to deal with the closure of your WEX Account and to comply with applicable laws and regulations. You can close your WEX Account at any time by logging in to your WEX Account and then following the instructions
. We may close your WEX Account at our convenience by providing you with 2 months prior notice.
We may also close your WEX Account at any time where:
You are in breach of the terms of this User Agreement;
You do not access your WEX Account for 3 years; or
We suspect that your WEX Account has been accessed without your authorization.
Where we decide to close your WEX Account we will provide you with notice of WEX Account closure, and where practicable, the reasons for closing your WEX Account, together with the ability to withdraw any undisputed funds that we are holding.
When your WEX Account is closed:
We may cancel any pending transactions;
We may suspend, limit or terminate your access to or use of the WEX Services, websites, software, systems (including any networks and servers used to provide any of the WEX Services) operated by us or on our behalf or some or all of the WEX Services;
You will remain liable for all outstanding obligations under this User Agreement related to your WEX Account prior to closure;
We may keep your WEX Account information in our database for the purpose of fulfilling our legal obligations; and
We may retain your Balance after closure to the extent and for the time we reasonably require to protect WEX and/or any third party against the risk of Reversals, Chargebacks, Claims, fees, fines, penalties and other liabilities of whatever nature.


7. Your Liability, Remedies and WEX Right to Collect From You

7.1. You are responsible for
Reversals,
Credit card chargebacks,
Fees, fines, and penalties,
Any other liability incurred by WEX, a User, or a third party caused by your use of our
Service and/or arising from your breach of this Agreement.
You agree to reimburse WEX, a User, or a third party for any and all such liability.
"Reversal" means WEX reverses a payment you received because (i) it is invalidated by the sender's bank, (ii) it was sent to you in error by WEX, its parent, subsidiaries, affiliates, or any direct or indirect WEX subsidiary, (iii) the sender of the payment did not have authorization to send the payment (for example: the sender used a stolen credit card or WEX account takeover), (iv) you received the payment for activities that violated this Agreement, the WEX Acceptable Use Policy, or any other Policy.

7.2. Restricted Activities
In connection with your use of our website, your Account, the WEX Services, or in the course of your interactions with WEX, other WEX users, or third parties, you will not:
Breach this Agreement, Acceptable Use Policy or any other document incorporated herein, or other Policy that you have agreed to with WEX;
Violate any law, statute, ordinance, or regulation;
Infringe WEX or any third party's copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;
Sell counterfeit goods;
Act in a manner that is defamatory, trade libelous, threatening or harassing;
Provide false, inaccurate or misleading Information;
Engage in potentially fraudulent or suspicious activity and/or transactions;
Refuse to cooperate in an investigation or provide confirmation of your identity or any Information you provide to us;
Control a WEX Account that is linked to another WEX Account that has engaged in any of these Restricted Activities where WEX has reason to believe that both WEX Accounts are controlled by the same legal personality or group of legal personalities (including, without limitation, individuals), which is more likely when both WEX Accounts share certain attributes, including, without limitation, the same recorded user name, email address, funding source;
Facilitate any viruses, Trojan horses, malware, worms or other computer programming routines that attempt to or may damage, disrupt, corrupt, misuse, detrimentally interfere with, surreptitiously intercept or expropriate or gain unauthorized access to any system, data or Information or the Service;
Integrate the Service as payment method in a way which makes it impossible for a customer to identify whether he or she is on the WEX Website(s) (Example: iFraming, the URL is not visible for the customer);
Use an anonymizing proxy; use any robot, spider, other automatic device, or manual process to monitor or copy our website without our prior written permission;
Take any action that may cause us to lose any of the services from our Internet service providers, payment processors, or other suppliers;
Allow your use of the Service to present to WEX a risk of non-compliance with WEX anti-money laundering, counter terrorist financing and similar regulatory obligations (including, without limitation, where we cannot verify your identity or you fail to complete the steps to lift your sending, receiving or withdrawal limit in accordance with this agreement);

7.3 Reimbursement for Your Liability
In the event you are liable for any amounts owed to WEX, WEX may immediately remove such amounts from your WEX balance (if available). If there are insufficient funds in your balance to cover your liability, your remaining balance will be removed, your WEX Account will have negative balance up to the amount of your liability, and WEX reserves the right to collect your debt to WEX by using any payments received in your WEX Account and otherwise you agree to reimburse WEX through other means. WEX may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.

Additionally, to secure your performance of this Agreement, you grant to WEX a lien on and security interest in your account.

7.4 Remedies of WEX – Restricted Activities
In addition to any other rights under this Agreement, if WEX, in its sole discretion, believes that you may have engaged in any Restricted Activities as specified above, we may, at any time take various actions to protect WEX, its parent, subsidiaries and affiliates, other third parties or you from Reversals, credit card chargebacks, fees, fines, penalties and any other liability. The actions we may take include but are not limited to the following:
We may close, suspend, or limit your access to your WEX Account or the Service;
We may refuse to provide the WEX Services to you now and in the future; and
We may hold your funds for a period of time reasonably needed to protect against the risk of liability to WEX or a third party, or if we believe that you may be engaging in potentially fraudulent or suspicious activity and/or transactions.

7.5 Temporary Holds
Risk-Based Holds
WEX, in its sole discretion, may place a hold on any or all of the payments you receive when WEX believes there may be a high level of risk associated with you, your WEX Account, or any or all of your transactions. WEX determination may be based on different factors and WEX may rely on information it receives from third parties. If WEX places a hold on a payment, the funds will appear in your “pending balance” and the payment status will indicate the hold. If WEX places a hold on any or all of the payments you receive, WEX will provide you with notice of our actions. WEX will release the hold on any payment after 30 Days from the date the payment was received into your Account unless WEX has a reason to continue to hold the payment such as (i) the receipt of a dispute, claim, credit card chargeback, or Reversal, (ii) WEX believes that you have violated the terms of this Agreement or any other Policy and that such a violation results in the need to continue holding the funds, or (iii) WEX believes that you may be engaging in potentially fraudulent or suspicious activity and/or transactions. In such an event, WEX may continue holding the payment in your Account until the matter is resolved pursuant to this Agreement. WEX, in its sole discretion, may release the hold earlier under certain circumstances, for example when you upload tracking information of the item you shipped.

2. Disputed Transactions Holds
If a buyer files a Claim, Chargeback or Reversal on a payment you received, WEX will place a temporary hold on the funds in your WEX account to cover the full amount in dispute. A hold placed under this provision will not restrict your use of the Account with regard to funds other than those disputed or at risk under the Claim, Chargeback or Reversal.

7.6 Reserves
WEX, in its sole discretion, may place a reserve on funds held in your Account when WEX believes there may be an increased level or risk associated with your account. If WEX places a reserve on funds in your WEX Account, the funds will be shown as “pending” in your WEX Account. If your WEX Account is subject to a Reserve, WEX will provide you with notice specifying the terms of the reserve. The terms may require that a certain percentage of the amounts received in your WEX Account are held for a certain period of time, or that a certain amount or percentage is held in reserve. WEX may change the terms of the reserve by providing you with notice of the new terms. In the event you do not agree to the terms of the reserve, you may terminate your account with WEX.

7.7 Remedies of WEX Account Closure, Termination of Service, Limited Account Access; Confidential Criteria
WEX, in its sole discretion, reserves the right to terminate this Agreement and/or access to the Service for any reason and at any time upon notice and payment to you of any unrestricted funds held in your balance. If we limit access to your WEX Account, including through a Reserve or hold, we will provide you with notice of our actions, and the opportunity to request restoration of access if, in our sole discretion, we deem it appropriate. Further, you acknowledge that WEX decision to take certain actions, including limiting access to your WEX Account, placing holds or imposing Reserves, may be based on confidential criteria that is essential to our management of risk, the security of Users’ WEX Accounts and the WEX system. You agree that WEX is under no obligation to disclose the details of its risk management or its security procedures to you. However, WEX undertakes best efforts to investigate the accounts that have been limited, in order to proceed the respective matter as soon as possible.


8. Assignability
You may not transfer any rights or obligations you may have under this Agreement without the prior written consent of WEX. WEX reserves the right to transfer this Agreement or any right or obligation under this Agreement without your consent.


9. Legal Compliance
You shall comply with all applicable Singapore and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Service.


10. Release of WEX
If you have a dispute with one or more Users, you release WEX (and our officers, directors, agents, joint ventures, and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature arising out of any or in any way connected with such disputes.


11. Notices

11.1 Electronic Communications
You agree that this Agreement constitutes "a writing signed by You" under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service ("Communications"), may be provided to you electronically and you agree to receive all Communications from WEX in electronic form. Electronic Communications may be posted on the pages within the WEX website and/or delivered to your e-mail address. You may print a copy of any Communications and retain it for your records. All Communications in either electronic or paper format will be considered to be in "writing," and to have been received no later than 5 business days after posting or dissemination, whether or not you have received or retrieved the Communication. WEX reserves the right but assumes no obligation to provide Communications in paper format.

11.2 Electronic Evidence
You agree that in the event of a dispute between You and WEX or You and another User, that WEX electronic records of your transactions, the WEX User Agreement, the WEX Privacy Policy, any identity verification information provided in a paper format and subsequently scanned or otherwise converted into an electronic format, and any other information stored or created electronically shall be admissible in a court of law or in relation to a law enforcement or regulatory investigation or prosecution.

11.3 Procedure
Except as explicitly stated otherwise, any notices shall be given by postal mail to WORLD EXCHANGE SERVICES PTE. LTD., 77 HIGH STREET #09-11 HIGH STREET PLAZA SINGAPORE (179433) or to our online message center or the email address you provide to WEX during the registration process (in your case). Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received.

12. Legal Disputes
In the event a dispute arises between you and WEX, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and WEX agree that any controversy or claim at law or equity that arises out of this Agreement or WEX services ("Claims") shall be resolved in accordance with one of the subsections below, or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, WEX strongly encourages users first to contact WEX directly to seek a resolution. WEX will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

12.1 Arbitration
For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than USD 10,000.00, you or WEX may elect to resolve the dispute through binding arbitration conducted by telephone, on-line, and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Singapore International Arbitration Centre, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

12.2 Court
Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Singapore or where the defendant is located (in WEX case, Singapore, and in your case, your home address or principal place of business). You and WEX agree to submit to the personal jurisdiction of the courts located in Singapore.

12.3 Violations of Section 12
All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the party first to assert a Claim, either through a court filing or commencement of arbitration. Should either party file an action contrary to this Section 12, the other party may recover lawyers’ fees and costs up to USD 1,000.00, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.


13. General
This Agreement is governed by and interpreted under the laws of Singapore as such laws are applied to agreements entered into and to be performed entirely within Singapore. We do not guarantee continuous, uninterrupted or secure access to our service, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by WEX, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and the documents it incorporates set forth the entire understanding between us with respect to the subject matter hereof. Sections (4) Fees, (1.6) Release, (1.8) Limitation of Liability shall survive any termination or expiration of this Agreement.


14. Disclosures
The Service is offered by WORLD EXCHANGE SERVICES PTE. LTD., 77 HIGH STREET #09-11 HIGH STREET PLAZA SINGAPORE (179433). Fees for our services are described in our Fees Policy.