1. OVERVIEW OF TERMS OF SERVICE
- You are required to read the provisions in this Terms of Service (these “Conditions”) and agree to them as it relates to your use of the Ruicheng Global Limited services and platforms, our money remittance services to you and your use of all our social media channels (collectively, our “Services”).
- In these Conditions, “Ruicheng Global Limited” or “we” or “us” or “our” refers to Ruicheng Global Limited and subsidiaries while “you” or “user” or” client(s) “or “your” refers to anyone using our service.
- Your use of our Services constitutes your acceptance of these Conditions. If otherwise, you do not agree to be bound by provisions in these Conditions, you do not have our permission to use our Services, including accessing our website and purchasing from us.
- This “Terms of Service” is subject to and must be read in conjunction with the “RUICHENG GLOBAL LIMITED Privacy Policy”.
- We may modify these Terms of Service from time to time, and such modifications shall be effective immediately upon publication of the Terms of Service on richenfinance.com. You should check these Terms of Service periodically so that you are aware of such modifications, as your continued access or use of the Services will demonstrate your acceptance of the Terms of Service as modified. If you do not accept any modifications, then do not access, or use the Website or Services.
- In this Terms of Service, “The Website” refers to richenfinance.com, which is operated and owned by RUICHENG GLOBAL LIMITED.
2. DESCRIPTION OF SERVICE
Ruicheng Global Limited agrees to provide the following professional services to the Client: Provide the Global Money Remittance Service, which transfers the client’s funds from a Country to a different Country and from a Currency to a foreign currency. Global Money Remittance is known as cross-board payment. Ruicheng Global Limited accepts all funds from clients in all legal tender approved by the law and does not accept funds in cryptocurrencies or cash.
3. MODIFICATIONS OF TERMS
- Ruicheng Global Limited reserves the right, at our discretion or due to developments, to amend, change, review, or modify a portion or whole of these Conditions from time to time (with or without notice to you). Any modification to these Terms of Service will take effect immediately upon publication of the modified portion to this page. You shall check these Terms of Service periodically to be aware of such modifications, as your continued access or use of the Services will demonstrate and deem your acceptance of the Terms of Service as modified. If you do not accept any modifications, then do not access, or use the Website or Services. You are obligated to review these Conditions for any modifications frequently.
4. CLIENT REPRESENTATION AND WARRANTIES
Clients represent and warrant that they have the full legal power and authority to use our services and enter into this Agreement and that the terms of this Agreement do not violate any obligation, laws preventing money-laundering, gaming and laws intended to protect the clients against unfair debt collection. Client and not Ruicheng Global Limited shall be responsible for all taxes associated with the services and/or the transfer of any funds performed hereunder, including, without limitation, income tax, withholding taxes, value-added taxes (VAT), goods and services taxes (GST), sales taxes, customs and excise duty and use taxes. Therefore, if it is determined that Ruicheng Global Limited may owe any such taxes, the Client shall promptly reimburse Ruicheng Global Limited.
5. RESOLUTION OF CUSTOMER INQUIRIES
- Ruicheng Global Limited shall be responsible for responding to and resolving inquiries and complaints from Clients arising out of the use of Ruicheng Global Limited.
6. INDEMNIFICATION
- The Customer will defend, indemnify and hold harmless Richen, its parents, divisions, subsidiaries and affiliates, and their officers, directors, employees, agents, successors and assigns (collectively, “Indemnified Parties” and each of the foregoing beings hereinafter referred to individually as “Indemnified Party”), from and against, all liability to third parties and promptly reimburse them for all costs and expenses (including, without limitation, all settlements, judgments, fines, damages, reasonable legal fees, court costs, expert fees, etc.) by reason of any claim, demand, tax, penalty or judicial or administrative proceeding or investigation arising from or in connection with:
6.1 Any breach of any representation or warranty contained in the Agreement by the Customer
6.2 The Customer’s infringement, misuse, or misappropriation of any third-party intellectual property rights and
6.3 The Customer’s failure to comply with applicable law, rules and regulations.
7. LIMITATION OF LIABILITY
7.1 Under no circumstances will Ruicheng Global Limited be liable to Client or Customers for indirect, exemplary, incidental, special, or consequential damages, whether either party knew or had reason to know that they might be incurred. In no event shall Ruicheng Global Limited’s aggregate liability to Client under this Agreement for any reason exceed the lesser of the amount of fees paid hereunder to Ruicheng Global Limited during the sixth month period prior to when the claim arose or twenty thousand worth of New Zealand dollars (NZD 20,000)
7.2 In particular, the client agrees that where Ruicheng Global Limited is unable to complete the provision of services to the client as a result of external events (e.g. a collapse of financial services, the freezing of Ruicheng Global Limited or its agents or associated companies bank accounts by any bank, government or authority, force majeure etc.), Ruicheng Global Limited’s only obligation is to repay an amount equivalent to the amount initially paid to Ruicheng Global Limited, as and when it is reasonably able to do so.
7.3 In the event the funds are transferred or deposited incorrectly due to the false/wrong information of the beneficiary’s account provided by you, Ruicheng Global Limited shall take no responsibilities.
7.4 In the event the funds are not transferred successfully due to the false/wrong information of the beneficiary’s account provided by you, Ruicheng Global Limited shall take no responsibilities. If Ruicheng Global Limited needs to process the transfer again, the transaction fee will be charged separately based on the international remittance standards.
7.5 If the transfer is out of the normal business hours, the transfer may be delayed. The transferor shall provide the corresponding bank records. Once Ruicheng Global Limited receives the corresponding bank records, Ruicheng Global Limited will verify the transfer in the next day.
7.6 The transferor has no rights to order Ruicheng Global Limited to use specific methods or institutions to conduct the transfer. The timeframe and methods are determined by Ruicheng Global Limited based on the normal business hours, banks’ policies and the requirements of the AML/CFT Act 2013. The Ruicheng Global Limited will only provide an estimated timeframe for your information.
7.7 The transferor has the responsibilities to cooperate with Ruicheng Global Limited to verify if the required transfer is completed. Suppose the transferor does not cooperate and the Ruicheng Global Limited is not able to verify the completeness of the transfer. In that case, Ruicheng Global Limited will admit the completeness of the transfer autonomously after 24 hours and take no responsibilities afterwards.
7.8 In the event the actual transfer is more or less than the transfer requested for any reason, Ruicheng Global Limited reserves the rights to chase the discrepancy. To avoid this situation, the transferor must ensure the bank account is under control. The transferor/transferee shall return/transfer the discrepancy within seven natural days; otherwise, Ruicheng Global Limited will charge a forfeit penalty (5% of the discrepancy).
7.9 We shall charge a 5% penalty on the amount transferred to us in cash by the transferor to the bank account that we have provided instead of online transfer. We shall not in any be liable for any transaction that was made by cash. Such transactions shall be flagged and reported to New Zealand Financial Intelligence Unit Suspicious Activity and Transaction Channel. Each and every transaction shall be followed by a call, email, WeChat, or WhatsApp to inform us on the transaction. Transaction made by cash will not be complete and shall be mentioned by us through the call, email, or any modes of communication.
7.10 If the transferor transfers funds to a bank account other than the designated bank account, without the consent of Ruicheng Global Limited. The Ruicheng Global Limited shall take no responsibilities. If Ruicheng Global Limited assists in chasing the funds, Ruicheng Global Limited will charge 3% of the transfer value to compensate for the cost incurred.
7.11 Once the deal is confirmed through the lock of rate, we have no power to cancel the transaction, and you shall pay the amount required to us on the same day. Failure to do so on your part would entitle us to take action to recover all the losses that have been incurred by your inability to pay the amount within the promised business day.
7.12 You are authorised to enter into lock rate of currency contract with us. Once we lock a specific rate of exchange upon your approval, you do not have the right to cancel or reverse the transaction. Should you fail to pay us on time for the lock rate of currency contract (value date, New Zealand time 4 pm), we shall forfeit the deposit as liquidated ascertained damages we will charge 5% of the remaining amount as penalty. By locking the exchange rate, you agree that you must accept the exchange of currency at the agreed price, which can be considerably higher than the then market price, in the case of falling prices. In both cases, the risk lies in the difference between the agreed price and the market price. You acknowledge that this risk is not determinable in advance and agree to exempt us from any liability.
7.13 We do not guarantee or warrant those files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses, or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output and for maintaining a means external to the Website for the reconstruction of any lost data.
7.14 We shall have no responsibility or liability with respect to loss or damage caused by any representations, inducement, misrepresentations, or fraud to you through any rapid means of communication other than the Website including but not limited to short messaging system, call, WhatsApp chat and Facebook Messenger.
Ruicheng Global Limited does not take any responsibility when the transfer is delayed or unsuccessful due to issues caused by any bank for any reason, as Ruicheng Global Limited does not have any control on the banks involved in the process. The Ruicheng Global Limited may assist but is not responsible for any cost or loss incurred. The customer must take full responsibility.
7.15 You assume responsibility and risk for your use of the Website and the Internet generally. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise, advertising and other information provided on the Website via a link or the Internet generally.
7.16 Once the fund has been approved and paid to your designated account, we shall no longer be responsible and hold any liability with regard to the account or the transaction, unless it has been proven that we have transferred the amount with uncleaned funds and must be proofed by a bank or local austerities.
7.17 We shall deliver our designated receiving bank account details to you through the mediums provided below:
Email that you provide. You shall update and notify us of the current email that you will be using for the transaction, and we shall not be liable for any delay or failure of the message to be delivered.
Mobile phone number provided by you. You shall update and notify us of the current phone number that you will be using for the transaction, and we shall not be liable for any delay or failure of the message to be delivered.
WeChat account that you choose to communicate with us. You shall update and notify us of the current WeChat account that you will be using for the transaction; we shall not be liable for any delay or failure of the message to be delivered.
WhatsApp account which number matches with your provided contact phone number. You shall update and notify us of the phone number you will be using for the transaction, and we shall not be liable for any delay or failure of the message to be delivered.
SMS messages to the number of customers provided to us. You shall update and notify us of the phone number you will be using for the transaction, and we shall not be liable for any delay or failure of the message to be delivered.
You need to be aware that you have the responsibility to confirm and acknowledge the receipt of receiving the bank account numbers.
8. INFORMATION YOU PROVIDE
- We respect and are committed to protecting your privacy. Our Privacy Policy informs you how your personal information is processed and used. We will use our reasonable endeavours to take steps to use your personal information only in ways that are compatible with the Privacy Policy.
- Other than your personal information, which the Privacy Policy covers, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. Our designers and we shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things for any and all commercial or non-commercial purposes.
9. TERMS AND TERMINATION
- In addition to any other method of termination or suspension provided for in these Terms of Service, Ruicheng Global Limited may terminate or suspend this Application Form and Agreement for Services or any services to the client at any time without notice if Ruicheng Global Limited determines in its sole discretion that the client is using the services to transmit funds:
9.1 For gambling (including, without limitation, betting on sporting events) to or from New Zealand or any other jurisdiction where such transmission may be illegal.
9.2 In any way which may violate anti-money laundering laws of New Zealand or any jurisdiction to or from which the money is transmitted.
9.3 For any other purpose which may violate applicable law, banking regulation or Ruicheng Global Limited policy. Ruicheng Global Limited may also terminate or suspend this agreement or the services without notice to the client if Ruicheng Global Limited determines that any information provided by the client is false or misleading or that the client has breached or defaulted under any term of this agreement. Ruicheng Global Limited may terminate this client and Terms of Service at its sole discretion upon thirty (30) days written notice.
- Please note You and/or we may terminate these Terms of Service at any time, without prior notice, for any reason. All provisions of these Terms of Service which grant continuing rights or impose continuing obligations shall survive termination of these Terms of Service. We may, in our sole discretion, terminate your access to the Website, at any time, without notice.
10. GOVERNING LAW AND JURISDICTION
You agree that the use of our services does not give rise to personal jurisdiction over Ruicheng Global Limited, either specific or general, in jurisdiction other than the laws of New Zealand. A court of competent jurisdiction located in New Zealand will decide any claim or dispute between you and Ruicheng Global Limited that arises in whole or part from the service.
10.1 High-Risk Risk countries are Algeria, Ecuador, Ethiopia, Indonesia, Myanmar, Pakistan, Syria and Turkey.
10.2 Politically Exposed Persons are persons with prominent public functions and/or are senior public figures.
11. TRADE NAME AND BACKGROUND
- RUICHENG GLOBAL LIMITED, NZBN: 9429049327755; FSP: 1001154 trade names are Richen Finance and Richen International Finance Limited.
12. ENTIRE AGREEMENT
These Terms of Service contain all our commitments and constitute the entire agreement between you and us in relation to your use of the Application. No other statement we make, including statements in any brochure or promotional literature published by us, may be incorporated into this agreement or have any legal effect.
13. SEVERABILITY
- Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid and effective under applicable law. Suppose any provision of this Agreement shall be unlawful, void or for any reason unenforceable. In that case, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, and the rights and obligations of the parties shall be enforced to the fullest extent possible.
14. MODIFICATIONS TO THE SERVICE AND PRICES
Prices (Exchange rates) for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
15. Third Party Link
- You may use the Website to link to third party Applications. If you use any link, you will leave our website. Your use of any third-party website will be subject to that third party’s Terms of Service. We do not monitor the content of third-party websites, and any links provided are for your convenience only.
16. User Information
In order to avail of our services, you will be required to provide specific information to us, including but not limited to your information, transaction record, and verify your identity. You agree at all times that all the information you provided to us is accurate and complete, and you will oblige to regularly update this information as and when required. You agree to not to impersonate any other individual or entity, misrepresent an affiliation with any person/ entity, or hide any required information from us for any purpose. We agree to protect the information you provide to us, in accordance with our privacy policy. Failure to do so will constitute a breach of our terms and may lead to the termination of your account.
17. ERRORS, INACCURACIES AND OMISSIONS
- Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- We undertake no obligation to update, amend or clarify information in the Service or on any related website or social media channels, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
- While we have taken all reasonable steps to ensure the accuracy and completeness of the content of the Website, we exclude any warranties, undertakings or representations (either express or implied) to the full extent permitted under applicable law that the Website or (including without limitation) all or any part of the content or materials, accuracy, availability or completeness of the content of the Website or any part of the content or materials, are appropriate or available for use either in New Zealand or in other jurisdictions. If you use this Website from other jurisdictions, you are responsible for compliance with applicable local laws.
- Any opinions, advice, statements, offers, advertising, products, or other information expressed or made available by third parties on the Website or via a link, are those of the third party concerned. We neither endorse nor are responsible for the accuracy or reliability of any third-party material. We do not warrant, represent, authorise or endorse the reliability, accuracy or completeness of any such material published on the Website.
18. Internet Communications
In order to maintain the security of our systems, protect our staff and detect fraud and other crimes, we reserve the right to monitor all internet communications, including web and email traffic, into and out of our domain. Monitoring includes (without limitation) checks for viruses and other malignant code, criminal activity, and use or content that is unauthorised or unlawful or material that may cause offence in any way. We cannot guarantee continuous or secure access to the Services, and the operation of the Website may be interfered with by numerous factors outside of our control. For the avoidance of doubt, we shall not be liable for the acts or omissions of other providers of telecommunications services or faults in or failure of their networks and equipment.
19. Miscellaneous
- Headings and captions of this Agreement are included for ease of reference only and in no way define, limit, construe or describe the scope or extent of any provisions in this Agreement.
