By registering to use an Instamo Account, you have affirmed that you are at least 18 years old and are an individual, legal person or other organization with full legal capacity to enter into this User Agreement between you and Instamo. If you are not, you and your guardian shall undertake all consequences resulting from your actions and Instamo shall have the right to cancel or freeze your account in addition to filing claims against you and your guardian for compensation.
You must have authority to bind your business. If you are not a consumer, you confirm that you have authority to bind any business or entity on whose behalf you use our Services (as defined hereinafter), and that business or entity accepts these terms.
Instamo provides global payment solutions via digital platforms (apps) to assist SMEs and individuals transfer money globally with low transaction costs and fast delivery of funds. INSTAMO provides API solutions to financial institutions, banks and businesses.
Instamo is an integrated payment infrastructure under company:
Hawking Pte Ltd
1 North Bridge Road, #07-05
with Company registration number: 201831606R.
Payment transactions are executed with the following duly authorised partners: persons residing in Australia will transact with Associated Foreign Exchange Australia Pty Ltd (ABN 119 392 586 and AFSL 305246); persons residing in Canada will transact with Associated Foreign Exchange, ULC (registered as a money services business with the Financial Transactions and Reports Analysis Centre of Canada and the Autorité des marchés financiers); persons residing in the European Economic Area will transact with Associated Foreign Exchange Ireland Limited (authorised by the Central Bank of Ireland as a Payment Institution pursuant to Regulation 18 of the European Union (Payment Services) Regulations 2018); persons residing in Jersey will transact with AFEX Offshore Limited (authorised and regulated by the Jersey Financial Services Commission for Investment Business and Money Service Business under the Financial Services (Jersey) Law 1998); persons residing in Singapore will transact with Associated Foreign Exchange (Singapore) Pte Ltd (Payment Services licence number: PS20200055); persons residing in Switzerland will transact with Associated Foreign Exchange (Schweiz) AG (Reg. No. CHE-114.547.009); persons residing in the United Kingdom will transact with Associated Foreign Exchange Limited (authorised by the Financial Conduct Authority under the Payment Services Regulations 2017, Register Reference: 502593, for the provision of payment services and registered as an MSB with HM Revenue & Customs, Registered No: 12159000); and persons residing in the United States will transact with Associated Foreign Exchange, Inc. (licensed and regulated as a money transmitter, or its equivalent, in multiple jurisdictions throughout the United States) (collectively the “AFEX Group”). Please refer to the Terms & Conditions for additional detail of your relationship with the AFEX Group.
Instamo is required by law to carry out all necessary security and customer due diligence checks on you (including any parties involved in your transaction for example, your recipient) in order to provide any Services to you. You agree to comply with any request from us for further information and provide such information in a format acceptable to us. In addition, you agree that Instamo may make, directly or through any third party, any inquiries Instamo considers necessary to validate the information you provided to us, including checking commercial databases or credit reports. You authorise us to obtain one or more of your credit reports, from time to time, to establish, update, or renew your Instamo Account with us or in the event of a dispute relating to this Agreement and activity under your Instamo Account.
Instamo maintains the right to select its markets and jurisdictions to operate and may restrict or deny its services to certain countries. The content of this Agreement shall not be excluded from the laws of the country under which the user belongs. Instamo maintains its stance that prohibited users are not to use or access Instamo and any of its services.
Your use of the Instamo Account must not violate any applicable laws. You commit to us and our partners that your opening and/or using an Instamo Account does not violate any laws applicable to you. You take responsibility for any consequences of your breach of this section
You may register only one (1) Instamo Account. If you open additional accounts, Instamo reserves the right to immediately close such additional accounts and transfer any balance to your other Instamo Account or return it to the original funding source.
When registering for your Instamo Account, you must provide current, complete, and accurate information for all required elements on the registration page, including your full legal name. If any of this information changes, it is your obligation to update such information as soon as possible. From time to time Instamo may also require you to provide further information as a condition for continued use of the Services, including but not limited to a copy of your government issued photo ID. If you wish to link a bank account or debit card to your Instamo Account, you authorize Instamo, directly or through third parties, to make any inquiries Instamo deem necessary to validate your identity and account information. This may include requesting further information about you such as your date of birth, email address, physical address, social security number, and bank account or card information so that Instamo can confirm your identity. Instamo reserves the right to maintain your account registration information after you close your account for business and regulatory compliance purposes.
From time to time Instamo may be required to request further information regarding your transactions in order to comply with federal and state law. Failure to provide such information in a timely fashion may result in the suspension of your ability to transact until you provide such information or the closure of your Instamo Account.
Instamo accounts can only be used by the person whose name they are registered under. Instamo reserves the right to suspend, freeze or cancel accounts that are used by persons other than the persons whose names they are registered under. Accordingly, Instamo will not take legal responsibility for these accounts.
Instamo has implemented industry standard protections for our platform. With that said, there are account-level risks that are created by individual user actions. Instamo requests that you understand the need to independently take safety precautions to protect your own account and personal information.
You shall be solely responsible for the safekeeping of your Instamo account and password on your own, and you shall be responsible for all activities under your log-in email, Instamo account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement, etc.).
You hereby agree that:
- you will notify Instamo immediately if you are aware of any unauthorized use of your Instamo account and password by any person or any other violations to the security rules;
- you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and
- you will log out from the website by taking proper steps at the end of every visit.
Instamo will not be responsible for any loss or consequences caused by your failure to comply with the above Account Security provision.
Instamo reserves the right to resolve issues and disputes at its sole discretion. Some issues include infringement of others’ rights, violation of laws and regulations, abnormal trades and others not explicitly mentioned in the Terms. Users agree to bear the costs arising from the process of dispute resolution.
You hereby agree to observe the following covenants during your use of services on Instamo:
- all the activities that you carry out during the use of Instamo Service will be in compliance with the requirements of applicable laws, regulations, as well as the various guidelines of Instamo,
- will not be in violation of public interests, public ethics or other’s legitimate interests,
- using a device, software or subroutine to interfere with the site,
- overloading network equipment with unreasonable data loading requests,
- executing malicious sales or purchases on the market,
By accessing the Instamo Service, you agree that Instamo shall have the right to unilaterally determine whether you have violated any of the above covenants and take actions to apply relevant rules without receiving your consent or giving prior notice to you. Examples of such actions include, but are not limited to
- block and close order requests
- freezing your account
- reporting the incident to authorities
- publishing the alleged violations and actions that have been taken
- deleting any information you published that is in violation
If your alleged violation causes any losses to a third party, you shall solely undertake all the legal liabilities in your own name and hold Instamo harmless from any loss, fine or extra expenses. If, due to any alleged violation Instamo incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Instamo against any losses and expense caused thereby, including reasonable attorney’s fee.
Instamo will provide Instamo Service at an “as is” and “commercially available” condition, and does not offer any form of warranty with regards to the Service’s reliability, stability, accuracy and completeness of the technology involved.
You acknowledge and agree, Instamo shall not be liable for any of your losses caused by any of the following events, including but not limited to:
- Losses of profits, goodwill, usage or data or any other intangible losses
- Use or failure to use Instamo Service
- Unauthorized use of your account or unauthorized alteration of your data by third parties
- Your misunderstanding of Instamo Service
- Any other losses related to Instamo Service which are not directly attributable to Instamo
In no event shall Instamo be liable for any failure or delay of service resulting from regular network maintenance or external factors such as power failure, natural disaster, service provider-side problems or governmental acts.
Instamo may, in our sole and absolute discretion, without liability to you or any third party, refuse to let you open an account, suspend your account, or terminate your account or your use of one or more of the Services. Such actions may be taken as a result of account inactivity, failure to respond to customer support requests, failure to positively identify you or your violation of the terms of this Agreement. If you have a balance remaining in an Instamo Account which has been suspended or closed, you will be able to recover such funds, unless prohibited by law or a court order or where Instamo have determined that such funds Instamore obtained fraudulently. Instamo shall have full discretion as to the means by which you will receive such funds following our decision to return such funds. Instamo reserve the right to require you to provide further identifying information before processing such withdrawal or transfer requests and to delay or prohibit such withdrawal or transfer if Instamo believes fraudulent or illegal activity has occurred. If you are unable to login to your Instamo Account, you will need to contact Support to process such withdrawal.
You may terminate this Agreement at any time by closing your Instamo Account and discontinuing use of the Services. Upon termination of this Agreement and your Instamo Account, you remain liable for all transactions made while your Instamo Account was open.
Instamo services aim to provide you a platform for purposes of (i) depositing funds from a linked bank account debit card or credit card (if available), (ii) sending and receiving fiat currency with other Instamo users, and (iii) sending and receiving currencies (“Services” or “Service”); provided that any of these Services can be discontinued at any time in accordance with the Section “Account Suspension & & Closure”.
Instamo reserves the rights to levy service fees on users who use its services. It is in the discretion of Instamo to adjust the service fees charged to users using its services.
You agree to indemnify and hold harmless Instamo, its affiliates, contractors, licensors, and their respective directors, officers, employees, anchors and agents from and against any claims and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of your breach or our enforcement of this Agreement. This shall also apply to your violation of any applicable law, regulation, or rights of any third party during your use of the Instamo Service.
(i) What to do. You must:
- Change your password regularly and ensure that it isn’t reused across other online accounts.
- Contact [email protected] anyone asks for your password.
- Keep your e-mail account secure. You may reset your Account password using your email address. Let [email protected] immediately if your email address becomes compromised.
(ii) What NOT to do. You must NOT:
- Disclose your Account password or your customer reference number. Keep them safe.
- Let anyone access your Account or watch you accessing it.
- Use any functionality that allows your login details or passwords to be stored by the computer or browser you are using or to be cached or otherwise recorded.
Chargebacks on your payment instrument. If you selected a Payin Method which gives you chargeback rights (for example in relation to your credit card, you may ask your card provider to reverse a transaction on your card), you promise that you will only exercise this chargeback right if:
- Instamo has breached this Agreement; or
- there was an unauthorised use of your payment instrument.
You promise that you will not exercise your chargeback right for reasons which Instamo is not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. If Instamo needs to investigate or take any actions in connection with a chargeback raised by you, Instamo may charge you for our costs in doing so and may deduct such amount from your Account.
Instamo may place limits on the amount you may send per transfer. For more information on the applicable limits
You need to provide us with sufficient funds before Instamo can process your payment order. Instamo will only process your payment order if our Instamo partners have received sufficient funds. It is your responsibility to fund your payment order in a timely manner. Instamo cannot be responsible for the time it takes for the money to be sent to our Instamo partners by your bank or payment service provider.
Verification checks may increase the time for processing your payment order. Instamo and our Instamo partners carry out verification checks, and these checks may increase the time it takes to process your payment order. Instamo and the Instamo partners cannot be responsible for any delays as a result of carrying out those checks.
Completion time of your payment order. The estimated completion time of your payment order is notified to you when you complete the transfer.
Instamo and Our Instamo partner will use reasonable efforts to ensure funds arrive at your recipient’s account within the notified timeframe. Instamo and our Instamo partners will use reasonable efforts to ensure that the funds arrive in the recipient’s bank account or payment account within the timelines notified to you. Instamo and Instamo partners do not have any control over the time it may take for the recipient’s bank or payment provider to credit and make available funds to the recipient.
Refusal of your payment order. If Instamo and our Instamo partners are unable to complete your payment order, Instamo will let you know and, if possible, the reasons for the refusal and an explanation of how to correct any factual errors. However, Instamo is not required to notify you if such notification would be unlawful.
You must ensure the information you provide to us is correct. You must make sure that the information you provide when setting up a payment order is accurate. If Instamo has processed your order in accordance with the information you have provided to us it will be considered correctly completed even if you have made a mistake.
What happens if you provide us with incorrect information. If you provide incorrect information with your payment order, Instamo will use reasonable efforts to recover the funds for you, and may need to charge you a fee for that.
Payin and Payout Methods are not part of our Services. Payin and Payout Methods are not part of our Services, they are services provided by third parties for example the bank where you hold your bank account. For the purposes of a payin and payout transaction, Instamo is open infrastructure to streamline your information flow with the financial institutions or banks, or Instamo operators to assist you with international transfer.
You must pay the fees in connection with the use of our Services. Instamo will not process your transaction until Instamo has received the fees from you.
Instamo will let you know the exact amount payable by you when you set up your order via the app.
Without informing you the reasons, Instamo may refuse to execute the relevant transaction or provide any Services to you .
While you are using our Services, you may use the Materials only for your personal use and solely as necessary in relation to those Services.
"Instamo Materials" include any software (including without limitation the App, the API, developer tools, sample source code, and code libraries), data, materials, content and printed and electronic documentation (including any specifications and integration guides) developed and provided by us or our affiliates to you, or available for download from our website. You may not, and may not attempt to, directly or indirectly:
- transfer, sublicense, loan, sell, assign, lease, rent, distribute or grant rights in the Service or the Instamo Materials to any person or entity;
- remove, obscure, or alter any notice of any of our trade marks, or other "intellectual property" appearing on or contained within the Services or on any Instamo Materials;
- modify, copy, tamper with or otherwise create derivative works of any software included in the Instamo Materials; or
- reverse engineer, disassemble, or decompile the Instamo Materials or the Services or apply any other process or procedure to derive the source code of any software included in the Instamo Materials or as part of the Services.
Instamo is not responsible to you for foreseeable loss and damage caused by us as Instamo is an infrastructure to streamline the information flow with financial institutions, banks. If Instamo does not reasonably meet our commitments to you, our Instamo partner in charge will be responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Instamo is not responsible for any loss or damage that is not foreseeable.
Instamo do not exclude or limit in any way our liability to you where it would be unlawful to do so.This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation.
Instamo is not liable for business losses. If you use our Services for any commercial or business purpose Instamo will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Instamo is not liable for technological attacks. Instamo will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services.
Instamo has no control over websites linked to and from our website. Instamo assumes no responsibility for their content or any loss or damage that may arise from your use of them.
Our liability to you for unauthorised payments or our mistake. In case of an unauthorised payment or mistake due to our Instamo partner’s error, our Instamo partner shall at your request immediately refund the payment amount including all fees deducted. This shall not apply:
- where your Account, or its personalised security features, are lost, stolen or misappropriated. You will be liable for the first USD 35 of any unauthorised payments if Instamo believes you should have been aware of the loss, theft or unauthorised use. Instamo will not hold you liable for the first USD 35 if the unauthorised payment was caused either by our acts or omissions, or those of a third party expressly carrying out activities on our behalf. Your liability for the first USD 35 also does not apply to any unauthorised transactions made after you have notified us that your Account may have been compromised (using the details Instamo has given you);
- if you have acted fraudulently, in which case Instamo will not refund you in any circumstances;
- if you do not quickly notify us of security issues on your Account (e.g. loss of your password), you remain liable for losses incurred up to your notification to us;
- if the payment transaction was unauthorised but you have with intent or gross negligence compromised the security of your Account or failed to comply with your obligations to use your Account in the manner set out in this Agreement. In such a case you shall be solely liable for all losses;
You are responsible for checking your Account regularly. Instamo relies on you to regularly check the transactions history of your Account and to contact us immediately in case you have any questions or concerns.
Instamo is not liable for things which are outside of our control. Instamo (and our affiliates) cannot be liable for our inability to deliver or delay as a result of things which are outside our control.
You are liable for breaking this Agreement or applicable laws. In the unlikely event of loss or claims or costs and expenses arising out of your breach of this Agreement, any applicable law or regulation and/or your use of our Services, you agree to compensate us and our affiliates and hold us harmless. This provision will continue after our relationship ends.
What happens if you owe us money. In the event you are liable for any amounts owed to us, Instamo may immediately remove such amounts from your Balance (if available). If there are insufficient funds in your Balance to cover your liability, Instamo reserves the right to collect your debt to us by using any payments received in your Account and otherwise you agree to reimburse us through other means. Instamo may also recover amounts you owe us through legal means, including, without limitation, through the use of a debt collection agency.
- To the extent required by law and regulation, regardless of the Party required, Instamo shall disclose to Clients the nature of the relationship between our licensed partner indicated above and Instamo and that Instamo earns a commission on transactions by Clients executed through its licensed partner.
- Instamo’s licensed partner shall be responsible for compliance with all laws and regulations pertaining to money laundering and terrorist financing, and Instamo shall comply with policies and procedures as designated by its licensed partner , implemented to ensure compliance with those laws and regulations.
Instamo will try to make sure our Services are available to you when you need them. However, Instamo do not guarantee that our Services will always be available or be uninterrupted. Instamo may suspend, withdraw, discontinue or change all or any part of our Service without notice. Instamo will not be liable to you if for any reason our Services are unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Services. If you have granted permission to a third party to access your account, Instamo may refuse access to that third party if Instamo is concerned about unauthorised or fraudulent access by that third party. Instamo will give you notice if Instamo does this, either before or immediately after Instamo refuses access, unless notifying you would be unlawful or compromise our reasonable security measures.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Services. You should use your own virus protection software. Instamo cannot guarantee that our Services will be free from bugs or viruses.
You must not misuse our Services. You must not misuse our Services by introducing viruses, trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, our servers, computers or databases. You must not attack our website with any type of denial of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Instamo will report any such breach to the relevant law enforcement authorities and Instamo will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website and/or our Services will cease immediately.
You may link to our website provided you follow certain rules. You may link to our website, provided:
- you do so in a way that is fair and legal and does not damage our reputation or take advantage of it;
- you do not suggest any form of association, approval or endorsement on our part where none exists;
- you do not frame our Website on any other site; and
Instamo reserves the right to withdraw linking permission without notice.
Instamo may end this Agreement by giving you two months notice. Instamo may end this Agreement and close your Account or any service associated with it by giving you two months’ prior notice.
Instamo may suspend or close your Account without notice in certain circumstances.Instamo may at any time suspend or close your Account and/or end this Agreement without notice if:
- you breach any provision of this Agreement or documents referred to in this Agreement;
- Instamo is requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency;
- Instamo has reason to believe you are in breach of any applicable law or regulation; or
- Instamo has reason to believe you are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity.
Instamo may suspend your Account for security reasons. Instamo may suspend your Account or restrict its functionality if Instamo has reasonable concerns about:
- the security of your Account; or
- suspected unauthorised or fraudulent use of your Account.
You cannot use the App if this Agreement ends. On termination for any reason all rights granted to you in connection with the App shall cease, you must immediately delete or remove the App from your devices.
Instamo may change this Agreement by giving you at least two (2) months’ prior written notice. If Instamo does this, you can terminate this Agreement immediately by providing written notice to us during the notice period. If Instamo does not hear from you during the notice period, you will be considered as having accepted the proposed changes and they will apply to you from the effective date specified on the notice.
In some instances, Instamo may change this Agreement immediately. Despite section 26.1, changes to this Agreement which are (1) more favourable to you; (2) required by law; or (3) related to the addition of a new service, extra functionality to the existing Service; or (4) changes which neither reduce your rights nor increase your responsibilities, will come into effect immediately if they are stated in the change notice. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change.
Instamo usually contacts you via email. For this purpose, you must at all times maintain at least one valid email address in your Account profile. You should check for incoming messages regularly and frequently, these emails may contain links to further communication on our website. If you don’t maintain or check your email and other methods of communications, you will miss emails about your transactions and our Services. Instamo cannot be liable for any consequence or loss if you don’t do this. If Instamo has reasonable concerns either about the security of your Account, or any suspected or actual fraudulent use of your Account, Instamo will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).
Where legislation requires us to provide information to you on a durable medium, Instamo will either send you an email (with or without attachment) or send you a notification pointing you to information on our website in a way that enables you to retain the information in print format or other format that can be retained by you permanently for future reference. Do keep copies of all communications Instamo send or make available to you.
Exotic Currency Trading. We may perform foreign exchange transactions involving exotic currencies on behalf of the Client prior to the execution of the Trade Order.
Risks Involved. Client acknowledges that exposure to exotic currencies carries a substantial risk of loss. Exotic currencies are defined by limited market liquidity and tend to not be backed by secure financial and political structures. These factors make them prone to significant and unpredictable market fluctuations.
Settlement. Due to the risk these transactions may represent to us, We must receive payment for any exotic currency transaction one day prior to the value date as stated on the trade confirmation. If payment is not received by us one day prior to the value date, We may sell the funds back to the market, which may represent a significant loss to the Client.
Delivery. Client acknowledges that it is the Client’s responsibility to provide us with the correct and complete delivery instructions prior to the execution of the Trade Order. The Client may execute the Trade Order only upon approval by us of the delivery instructions, including the Beneficiary’s bank information.
If you have any complaints about us or our Services, you may contact us following [email protected]
Nobody else has any rights under this Agreement. This Agreement is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end or make any changes to this Agreement.
Instamo may transfer this Agreement to someone else. You may not transfer, assign, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights and obligations under this Agreement (including the Account) without our prior written consent. Instamo reserves the right to transfer, assign or novate this Agreement (including the Account) or any right or obligation under this Agreement at any time without your consent.
If a court finds part of this Agreement illegal, the rest will continue in force. Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if Instamo delays in enforcing this Agreement, Instamo can still enforce it later. If Instamo delays in asking you to do certain things or in taking action, it will not prevent us from taking steps against you at a later date.
This Agreement supersedes any other previous agreements. This Agreement supersedes and extinguishes all previous agreements between you and Instamo, whether written or oral, relating to its subject matter.
Which laws apply to this Agreement and where you may bring legal proceedings. This Agreement is governed by English law. Any dispute between you and us in connection with your Instamo Account and/or this Agreement may be brought in the courts of Singapore.