TERMS & CONDITIONS
This Terms and Conditions describes the conditions, rights and responsibilities that apply to customers’ participation as a user of International Money Transfer Service, International Money Transfer Receipt Service and Domestic Money Transfer Service (collectively, the “Services”).

The Services

1. “Services” shall mean the following three services and their related services to be offered by DigitalWallet, the content of which is described in the “Overview of Service.”
(1) International Money Transfer Service (“International Transfer”)
(2) International Money Transfer Receipt Service (“International Receipt”)
(3) Domestic Money Transfer Service (“Domestic Transfer”)
2. The Services are for users of mobile terminal devices such as smartphones and will be provided over the internet. Notifications to customers will be provided through our web site or by e-mails and reports on transaction results will also be provided on screen.
3. DigitalWallet may apply certain restrictions on the Services or revise such restrictions at any time without prior notice to the customers. The restrictions may include conditions for confirmation of customers’ identity, the payout countries, the payout currencies, and the maximum limit of amount per transfer, maximum limit on a daily, monthly, or annual basis as well as the limit for frequencies of transfers.

Important Notice

1. The Services are NOT money sending transactions provided by a bank etc.
2. The Services do not involve any acceptance of deposits, savings, or installment savings etc. provided in Article 2.4 of the Banking Act.
3. The Services are not subject to any insurance payments under Article 53 of the Deposits Insurance Act (Act No. 34 of 1971 and including subsequent revisions) or Article 55 of the Agricultural and Fishery Cooperation Savings Insurance Act (Act No. 53 of 1973 and including subsequent revisions).
4. For the benefit of customers, DigitalWallet shall place a performance security deposit with the Tokyo Legal Affairs Bureau for the remitter’s assets safety. Please note that the right of senders to claim against DigitalWallet for entrusted funds based on Article 59 of the Act Concerning Settlement of Funds shifts from the sender to the receiver at the moment the receiver actually receives or collects the remittance (in case of bank transfer, it is at the moment that the remittance proceeds credited.) and not before.
5. The maximum limit of amount per transfer shall be limited to JPY1,000,000 in accordance with the Act on Settlement of Funds. In case of Temporary Member Users, the maximum limit shall be JPY100,000. Should there be further restrictions imposed under the laws and regulations of the payout countries, the lower amount shall apply as the maximum limit of amount.

Applicant Identification

DigitalWallet will check the applicant’s identity initially pursuant to the “Act on Prevention of Transfer of Criminal Proceeds” and other relevant laws and regulations, and then register him/her as a remittance applicant. The remittance applicant has an obligation to present identification documents. DigitalWallet may request the applicant to present additional identification documents in case the provided information is deemed doubtful or a false identity may have been used to impersonate the applicant. If the identification procedure has not been completed, DigitalWallet may not proceed with the registration as a remittance applicant and deny the request for remittance services.
DigitalWallet shall identify the customer by comparing the password information used when logging into the Services site with the password information set in advance and verify the customer's identity if they match. If the customer is deemed to be a legitimate user based on the identification, DigitalWallet shall deem transactions based upon this as being valid, regardless of whether the result of falsification, modification, theft, unauthorized use, or other incident involving the password information, and neither DigitalWallet nor its partner financial institution shall be held in any way liable for damages occurring as a result.

Amendments to Registered Information

In the event of a change of name, address, phone number, e-mail address, place of work, signature or other registered information, customer should immediately register such change(s) in writing in accordance with the procedure specified by DigitalWallet. DigitalWallet shall in no way be liable for any resulting damages occurring to the customer before the registration of changes has been completed.

Anti-Money Laundering, Transaction with Unsocial Person(s) or Group(s)

1. In accordance with the Act on Prevention of Transfer of Criminal Proceeds and other laws and regulations applicable to the Services, DigitalWallet has been barred from conducting transactions with specific countries, group(s) and/or person(s). Further, DigitalWallet shall not have any business transactions with anti-social person(s) or group(s) and shall never accept any undue, unjustified or illegal claims or demands made by anti-social person(s) or group(s).
2. DigitalWallet shall screen all transactions against lists of names provided by the governments of the countries in which it conducts business activities or any other lists of anti-social person(s) or group(s). If the transaction seems to include any association with the above lists, DigitalWallet may request the sender to provide additional identification documents, other information or documents that it deems necessary and the transactions may be declined or delayed accordingly. Even in the event of any such delay or denial of providing Services, customers shall not be entitled to raise any objection and shall not have the right to any claim of reparations and other similar demands.
3. Customers shall represent and warrant that they are not currently:
(1) members of organized crime group, etc. (“Boryokudan-in etc.”)
a) an organized crime group (“Boryokudan”),
b) a member of Boryokudan,
c) a person who has been a member of a Boryokudan in the past five years,
d) a quasi-member of a Boryokudan,
e) an enterprise affiliated with a Boryokudan,
f) a corporate racketeer, etc.,
g) a party acting under the auspices of social activism and the like,
h) a violent organization employing specialized knowledge, or other similar party (hereinafter collectively referred to as "organized crime group members, etc."), that none of the following items apply and promise that they will not become organized crime groups, etc. and that the following items will not apply in the future.
(2) Other related parties which;
a) Boryokudan-in etc. holds control over the management;
b) Boryokudan-in etc. is effectively involved in the management;
c) uses Boryokudan-in etc. unjustifiably, such as for the purpose of ensuring unjustified benefits to himself/herself, his/her company or a thirdparty, or for the purpose of inflicting harm to a third-party;
d) having a relationship in which it is deemed that it is engaged in providing funds etc. or benefits to Boryokudan-in etc.;
e) a person effectively participating in the management is connected with Boryokudan-in etc. in a socially reprehensible way.

Remittance Cancellation Option

DigitalWallet has the option to cancel refuse providing any of the Services under any of the following conditions:
1. the remittance is in violation of laws and regulations governing foreign exchange (e.g., subject to an emergency suspension of transactions);
2. a war, insurrection or freezing of assets or payments of the partner financial institution occurs or may occur;
3. the remittance is or may be for a transfer of criminal proceeds.
4. failure to pay the Service fees for the transaction.
DigitalWallet shall not be responsible for any losses or damages caused thereby.

Force Majeure

DigitalWallet shall not be responsible for any losses or damages arising out of any of the following:
1. An unavoidable event such as calamities, incidents, wars, accidents during transit, restrictions by laws and regulations, and certain actions taken by the governments, courts or other public authorities:
2. Any failure or malfunctions of terminals, communication lines or computers etc. or, character distortions, errors or omissions in the texts, which occurred despite of reasonable security measures taken by DigitalWallet:
3. The handling by the partner financial institutions of the remittance in accordance with the customs and practices of the country in which the partner financial institutions are located or with certain procedures prescribed by the partner financial institutions: or any reason attributable to the partner financial institutions other than DigitalWallet:
4. Any reason attributable to the applicant such as the incorrect description of the name of the beneficiary:
5. Messages from the applicant to the recipient:
6. The relationship between the applicant and the recipient or a third party, on which the remittance is based:
7. The event before the receipt of the notification based on the regulations on guardianship of adults: and
8. Any reason other than those attributable to DigitalWallet.

Limitation of Liability

Except in cases otherwise stipulated by Japanese law, neither DigitalWallet nor its alliance partner shall be in any way liable for damages exceeding the total of the amount for transfer and service fees paid by the customer in cases of delay of Services, erroneous payment, non-payment, or excess or insufficient payment is made. Furthermore, neither DigitalWallet nor its alliance partner shall be in any way liable for damages in cases where delay of Services, erroneous payment, non-payment, or excess or insufficient payment has been made due to reasons not manageable by DigitalWallet (e.g. compliance with the local rules, etc.). Neither DigitalWallet nor its alliance partner shall be in any way liable for any incidental, indirect or derivative damages.

Term of Validity (Withdrawal, Account Closure)

1. Customers may cancel membership using the method prescribed by DigitalWallet. In the event no balance remains in customer’s account at the time of customer’s completion of the requested procedure, customer’s membership will be cancelled and customer’s account will be closed immediately. If there are any funds to be returned by DigitalWallet to the customer, such funds shall be transferred to the account designated by the customer after deducting the bank charges. Cancellation of the membership as well as closure of the customer’s account will be completed by such transfer (In case the remaining balance is less than the bank charges, such amount shall be deemed as waived by the customer.). DigitalWallet shall be in no way liable for any damages even if they occur as a result of being unable to make transfers into the financial institution account specified by the customer.
2. Withdrawal procedures cannot be accepted in the event there are any uncompleted orders related to the account. Should there be any pending transfers or payments, such transactions should be completed in advance.
3. If any of the following items apply, the DigitalWallet may immediately stop the Services in whole or in part, or cancel membership without providing prior notice to the member. DigitalWallet shall in no way be liable for any resulting damages occurring to the customer as a result of the stop of the Services, or the cancellation of membership.
(1) When payment ceases or a petition for the commencement of bankruptcy procedures, civil rehabilitation procedures, corporate reorganization procedures or special liquidation procedures is filed.
(2) When an order or notice concerning provisional seizure, protective seizure or seizure has been sent.
(3) When succession has commenced.
(4) When the whereabouts of the member are unknown.
(5) When the member has not used the Services for more than two years
(6) When it has been deemed that the Services have been or may be used for acts in violation of the law or public order and morality.
(7) When it is revealed that the member does not actually exist, or when it is revealed that the member was registered without the member's intent.
(8) When it is revealed that the information submitted by the member is false or that the documents submitted by the member are untrue.
(9) When the necessary documents are not submitted despite a request being made to submit them again for reconfirmation of the person's identity, etc. (including cases in which DigitalWallet is not contacted before the date it specified, cases in which notice requesting the submission of documents is sent to the customer's submitted address and is returned to DigitalWallet as undeliverable, and cases in which the person cannot be contacted using the submitted telephone number.)
(10) When the member is in violation of these Terms and Conditions or provisions on various transactions or when any other grounds for termination applies.
(11) When a request for cooperation with a hearing for monitoring of transactions, or submission of documents backing the results of the hearing is made in accordance with the Act on Prevention of Transfer of Criminal Proceeds and the response to the hearing or submission of backing documentation is refused (including cases in which DigitalWallet is not contacted before the date specified it, cases in which notice requesting the submission of documents is sent to the customer's submitted address and is returned to DigitalWallet as undeliverable, and cases in which the person cannot be contacted using the submitted telephone number.)
(12) In accordance with the requests of law, legal process, litigation, and/or from public and governmental authorities.
(13) In addition to the items listed above, when there is reasonable grounds for DigitalWallet to stop the Services.
4. Upon cancellation of membership, customer’s registered personal information and transaction information will be deleted after a certain period stipulated in the related laws and ordinances.
5. n the event of expiration of customer’s account due to cancellation of customer’s membership based on the reasons provided in Section 3 above, customer’s remaining value in the account will expire immediately. DigitalWallet shall have no obligation to return such value to the customer.

Reward Points

1. Customer will receive reward points ("Points") through the use of Services or through certain activities that DigitalWallet announces from time to time (“Reward Points Program”). The details of the Reward Points Program including the amount of Points customer can earn will be determined by DigitalWallet and put on its web site at [www.smileswallet.com].
2. Points may be redeemed 1) on future use of Services in the form of a discount; or 2) may be used to purchase certain products designated by DigitalWallet from time to time.
3. DigitalWallet will post earned Points to customer’s account upon customer’s use of Services or customer’s rewarded activity. Points may only be redeemed after such Points are posted to customer’s account. Customer can view his/her accumulated amount of Points through the procedure designated by DigitalWallet.
4. Points will be effective for three (3) months from date of receipt. Points not used before the expiration date shall expire immediately.
5. Points have no cash value and cannot be converted to or redeemed for cash, either directly or indirectly.
6. DigitalWallet may terminate the Reward Points Program at any time at its discretion due to natural disasters, change in social conditions, laws or based on other technical or business reasons. DigitalWallet will notify customers of any such termination through its web site, etc.
7. Taxes may apply where required by law. Customer shall be responsible for any taxes that he/she may incur for receiving and/or redeeming Points.

Prohibition of Transfer or Pledge

The applicant shall not be allowed to transfer, lend or pledge, or otherwise grant rights to a third party concerning customer’s rights related to transactions with DigitalWallet or enable a third party to use said rights.

Personal Information

1. DigitalWallet may provide customers’ personal information, transaction information and other information provided by the customer (“Personal Information”) to its head office and branch offices, subsidiaries, affiliated companies, representatives or outsourcing companies such as the partner financial institutions, for the purpose of management and protection of Personal Information and to the extent necessary to provide the Services.
2. DigitalWallet may accept requests for disclosure of Personal Information, under law, legal process, litigation, and/or from public and governmental authorities.
3. DigitalWallet will handle personal information in accordance with its "Privacy Policy" as well as any applicable .
4. DigitalWallet's "Privacy Policy" shall be published on its web site.

General Provisions

The Services and customers’ relationship with DigitalWallet shall be exclusively governed by, and interpreted in accordance with, the Japanese law.

Customer Service Representative

For customer service, complaints, or other inquiries including the status of the remittance, please contact our customer service representative (1F, 1-15-12 Kudankita, Chiyoda-ku, Tokyo, Japan 102-0073/ e-mail: smiles_team@digitalwallet.co.jp). The above e-mail address shall also apply to inquiries from foreign countries.

Financial ADR – Alternative Dispute Resolution

As the complaint processing procedures and dispute resolution procedures provided in the Act Concerning Settlement of Funds DigitalWallet has implemented the following:
1. Complaint Processing Procedures
  • Japan Payment Service Association, TEL: #81-3-3219-0628
2. Alternative Dispute Solution procedures
  • Tokyo Bar Association Dispute Resolution Center, TEL: #81-3-3581-0031
  • Daiichi Tokyo Bar Association Arbitration Center, TEL: #81-3-3595-8588
  • Daini Tokyo Bar Association Arbitration Center, TEL: #81-3-3581-2249

Jurisdiction

All controversies and disputes arising out of or relating to this Terms and Conditions shall be exclusively submitted to Tokyo District Court.

COMPLIANCE WITH LAWS AND REGULATIONS

Matters not stipulated herein shall be governed by laws and regulations, customs and practices of Japan and other relevant countries and the procedures provided by the concerned financial institutions.

LANGUAGE

This Terms and Conditions originally drafted in Japanese may be translated into several languages such as English or others for convenience and supplementary purpose. Should there be any inconsistency in the meaning or content between the Japanese version and the translated versions, the Japanese version shall prevail.

CHANGES TO THE TERMS AND CONDITIONS

This Terms and Conditions may be revised from time to time due to changes in financial or other situations, or based on other reasonable grounds. DigitalWallet may make such revisions effective by posting the revisions together with its effective date on its website.
Last modified: May, 2017

EXHIBIT [ Overview of Service ]

[ International Transfer ]
1. Description of Service
Transferring funds (in Japanese yen) to recipients residing outside Japan (who satisfy the Digital Wallet`s examination criteria) in currencies as designated by customer.
2.Required Conditions
Customers who agree to our terms and conditions, completed our ID verification process and meet the predetermined examination criteria
3. Purposes of Money Transfer
Limited to the purposes designated by DigitalWallet.
* This service cannot be used for transactions subject to any restriction under the Foreign Exchange and Foreign Trade Act of Japan (i.e. requirements to obtain/complete permission, authorization, approval, notification or registration with the government in advance) whereby DigitalWallet is required to ensure or confirm the completion of clearance of such restrictions.
4. Maximum Amount of Remittance
(1) Registered Member Users (Smiles Premium) : ¥1,000,000 per transaction.
(2) Temporary Member Users (Smiles Classic) : ¥100,000 per transaction.
* Please be advised that, for money transfers to certain payout countries, we may impose further restrictions on frequency and/or total amount of remittances..
5. Foreign Exchange Rate
(1) The funds to be transferred under a Money Transfer Request shall be received by DigitalWallet in Japanese yen. Remittances may be paid in designated currency, converted based on exchange rate (“Telegraphic Transfer Selling Rate”) applicable on the day of the transaction and reflected in the official website of DigitalWallet.
(2) Basically, the amount to be received will be the amount calculated by converting the transferred amount (paid in Japanese yen) to the payout currency using the “Telegraphic Transfer Selling Rate” at the time of completion of the money transfer agreement.
(3) DigitalWallet may change the exchange rate once or several times during the day without prior notice. The daily Telegraphic Transfer Selling Rates of DigitalWallet is determined by adding the spread (ranging from 0% to 5% of TTM) to the TTM rates (Telegraphic Transfer Middle Rate) provided by Reuters.
6. Service Fee
Please refer to the Service Fee Table on our website.
* DigitalWallet may modify the amount of charges for the services as well as their calculation method from time to time. Details of such modifications, including dates of changes, will be posted on our website.
*Transaction fee applies for each transaction even when multiple requests are in process.
7. Restrictions
Money transfers shall be accepted and processed within the scope subject to:
(1) Certain restrictions set by DigitalWallet from time to time, which may pertain to the purposes, amounts, payout countries, payout currencies, maximum number of registered receivers, etc. and,
(2) restrictions in addition to (1) above, set by our alliance partners, their payment centers or the receiver`s banks.
8. Implementation of Money Transfers
(1) DigitalWallet shall complete the international money transfer within 24 hours to 72 hours from the time the Sender has successfully completed his money transfer order.
(2) For cash pick-up transactions, DigitalWallet shall notify the customer of the reference number thru the mobile APP &/or registered email. The customer shall be responsible for notifying recipient of the reference number, and DigitalWallet shall bear no obligation whatsoever concerning notification of the reference number to the recipient
9. Cancellation of Money Transfer
(1) In the event where the recipient is unable to pick-up his/her money for the predetermined term by DigitalWallet, money transfer will be cancelled without any prior notice.
DigitalWallet is not liable for any losses or damages incurred by the customer as a result of the termination of the money transfer agreement.
(2) Only the net amount of the money transfer will be subject to refund. We do not refund remittance fees or any related expenses.
*Wire transfer fee accompanied by a refund should be borne by the customer.
*Refund amount will be the result of deducting all fees and expenses from the amount to be transferred.
(3) The foreign exchange rate to be applied will be the current exchange rate on the date of refund.
10. Change of Request for Money Transfer
DigitalWallet shall not accept a change of request for money transfer. If there is a mistake in a request for money transfer, please inform us the cancellation of a request within the specified period and make a new transaction request.
11. Others
* For further details or information regarding the International Money Transfer Services, please refer to our website www.smileswallet.com.
* The applicant shall be responsible for strictly safeguarding his/her password and ensure that it shall not be known or revealed to any third party. Third parties, such as our alliance partners, related financial institutions or the police, will never request you to disclose your password either by phone, e-mail or any means possible. DigitalWallet shall not be responsible for any loss, damage or expense as a result of the password becoming known to a third party.
[ International Receipt ]
1. Description of Service
Enabling receipt of funds transferred via DigitalWallet’s overseas partner financial institutions or their agents, by having them transferred directly into customers’ bank account in Japan
2.Required Conditions
Customers who agree to our terms and conditions and meet the predetermined examination criteria
3.Maximum Receivable Amount
(1) Registered Member Users (Smiles Premium) : ¥1,000,000 per transaction.
(2) Temporary Member Users (Smiles Classic) : ¥100,000 per transaction.
4. Service Fees
Free
*The bank charges for transfer of funds into customers’ bank account in Japan shall be borne by customers unless provided otherwise by remittance partners from overseas.
*Transaction fee applies for each transaction even when multiple requests are in process.
5. Receipt of Money
Receive Money orders placed until 3PM JST (closing hour of Japanese banks) will be processed and credited to recipients` registered bank accounts within 24 hours during banking days. Orders placed after 3PM will be processed within 24 hours to 48 hours during banking days.
6.Foreign Exchange
Transferred funds shall be paid in Japanese Yen. The exchange rate used to convert the said funds into Japanese Yen shall be the actual rate applied by DigitalWallet’s partner at the time it processed the money transfer order.
7. Others
DigitalWallet will credit the transferred funds to customers’ bank account after completion of proper KYC procedures
[ Domestic Transfer ]
1. Description of Service
Enabling transfer of funds between the customers having DigitalWallet accounts.
2.Required Conditions
Customers who agree to our terms and conditions and meet the predetermined examination criteria
3.Maximum Receivable Amount
(1) Registered Member Users (Smiles Premium) : ¥1,000,000 per transaction.
(2) Temporary Member Users (Smiles Classic) : ¥100,000 per transaction.
4. Service Fees
Free
* The bank charges for transfer of funds from DigitalWallet account into customers’ bank account shall be borne by customers.
* Transaction fees apply for each transaction even when multiple requests are in process.
5. Receipt of Money
Request for transfer of funds between DigitalWallet accounts placed during the open hour of Japanese banks will be processed on the same business day upon DigitalWallet’s confirmation of the necessary balance. Orders placed after the open hour of Japanese banks will be processed within the next business day.
6.Foreign Exchange
No conversion rate will be applied as DigitalWallet accounts deals with Japanese Yen only.
7. Others
For DigitalWallet account holders to have the balance of their DigitalWallet account refunded, only such holders’ own bank accounts can be designated as the receiving account