TERMS AND CONDITIONS

CONTRACT FORMATION AND OVERVIEW

1.1 These terms and conditions ("Terms and Conditions") govern the terms under which you may access and use the website (and for the purpose of these Terms and Conditions “website” will include our App (where applicable) and the services associated with it (together, the "Service"). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you don’t agree with Terms and Conditions do not access, register or use the services. The language of these Terms and Conditions is English and all Services, instructions and transactions carried out in connection with it shall be in English.

1.2 In these Terms and Conditions, the terms "Remit Choice", "we", "us", and “our” refer to:

1.2.1 RCL Money Transfer Limited, a company registered in Canada with corporation number 1432990-2, with its registered office 102-1270 CENTRAL PKWY W C/O INCORPPRO MISSISSAUGA, ON, CANADA L5C 4P4; 

1.3 The terms "you" and "your" refer the Service users; as Senders, Recipients, or visitors to the website.

1.4 These Terms and Conditions are effective from the date on which you first access, register or use the Service. The Terms and Conditions may change from time to time as set out in clause 17.3 of these Terms and Conditions.

1.5 The Service was created: (a) to assist customers for sending money to their family and friends, and to receive money from family and friends. For security reasons, we recommend that you only send money to people you know personally

 

DEFINITIONS

In these Terms and Conditions:
"App" means Remit Choice’s mobile application for (a) making Transaction.
"Business Day" means any day on which we are open for business for the execution of Transactions.
"Destination Country" means the country in which the Payee receives money through the Service.
"E-money" means electronically stored monetary value as represented by a claim of a Wallet holder on us which is issued on receipt of funds by us on your behalf.
"Instruction" means a Transaction / Transactions.
"Local Taxes" means any taxes or charges payable in the Destination Country.
"Payee" means someone who receives money.
"Payment Instrument" means a valid instrument of payment such as a bank account, debit card or credit card.
"Payout Amount" means the amount paid out, after any foreign exchange conversion, to the Payee’s account or over the counter, exclusive of the Service Fee.
"Prohibited" means activities which involve narcotics, steroids, pharmaceuticals, chemicals, drug paraphernalia, tobacco, seeds, plants, animals, military or semi-military goods or services, weapons (including dual-use goods), adult services or content, bitcoin or other cryptocurrency, binary options or gambling services or any other activities that are prohibited by Remit Choice’s policies as amended from time to time.
"Recipient" means: A Payee 
"Sender" means someone who uses the Service to send money.
"Services" means any or all of the following services:

(a) Money Transfer;

"Service Fee" means Remit Choice’s fee plus any additional charges or Local Taxes applicable to each Transaction, which Remit Choice may charge, in its sole discretion in accordance with applicable laws, as may be described in these Terms and Conditions, and on the Remit Choice website from time to time.

"Service Provider" means a local bank, money exchange house, or other third-party service providers (e.g. mobile network operators) in the Destination Country with whom Remit Choice works to provide the Service.

"Transaction" means the transfer of money, through the Service, as the case may be.

"Transaction Amount" means the amount of money, E-money that the Sender wishes to send to the Payee as a Transaction, excluding any applicable Service Fee and prior to any foreign exchange conversion.

"Transaction History" means the record of your Transactions on our website which you may access using your account credentials (email and password).

"Transaction" means a specific instruction from you requesting us to send money to a Payee through the Service.

 

OUR OBLIGATIONS

3.1 Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. You acknowledge that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.

3.2 We are not obliged to process any particular transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf and consenting to the execution of the Transaction. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. If we decide not to process the Transaction, we will notify you promptly of that decision and repay to you the Transaction Amount received by us, provided that we are not prohibited by law from doing so. If we choose to proceed with the Transaction we may still suspend or cancel it in our discretion.

3.3 Remit Choice reserves the right to modify or discontinue the Service or any part of the Service without notice, at any time and from time to time.

3.4 We may, in our absolute discretion, refuse any Transaction (as further detailed in clause 5) or impose limits on the Transaction Amount. We may do so either on a per Transaction basis or on an aggregate basis, and either in respect of one set of registration details or one Payment Instrument or on related sets of registration details or Payment Instruments. In our sole and absolute discretion, we reserve the right to change the Payment Instruments that we accept, at any time.

3.5 Delivery times quoted on our service levels or elsewhere on our website represent the “normal” / average service. They are not a guarantee of an individual Service or Transaction time.

3.6 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise to comply with applicable law.

3.7 We may send and receive notifications in relation to Transactions by email, app notification, and SMS. We will provide you with information after receipt of a Transaction enabling you to identify the Transaction, along with details of the amount of the Transaction in the currency, Transaction ID, our Service Fee, exchange rate and the date on which the Transaction was received.

3.8 We will attempt to provide users with up-to-date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that Remit Choice shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss resulting from incorrect or incomplete information.

 

YOUR OBLIGATIONS

4.1 You agree that:

4.1.1 you will not access, use or attempt to use the Service to provide any Instructions unless you are at least 18 years old, and that you have the legal capacity to form a binding legal contract in any relevant jurisdiction;

4.1.2 for each Transaction that you submit, you will pay us the stated Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction request. To the maximum extent permitted by law, the Service Fee is non-refundable unless expressly stated in these Terms and Conditions. If you submit a Transaction Request that results in Remit Choice becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees;

4.1.3 we may apply for a convenience fee for processing credit cards in certain jurisdictions at our discretion. If we charge such a convenience fee, it will be disclosed to you prior to your submission of the applicable Transaction.

4.1.4 you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any Instruction being conducted through the Service;

4.1.5 in connection with your registration and use of the Service, you will:

(a) provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;

(b) provide us with any identity documentations as may be requested by us;

(c) provide us with details of one or more Payment Instruments;

(d) provide us with true, accurate, current, and complete information as we indicate on the website is required to receive the service and any other information which may be required in relation to the Recipient;

(e) provide us with:

(i) any other information that must be provided for a Transaction to be properly executed, as specified when you enter the details of the Transaction you are interested in on our website; and

(ii) such information relating to the Transaction as detailed in clause 5.4.

4.2 We do not accept any liability for loss or damages to you or any third party resulting from non-payment or delay in payment of a Payout Amount to a Payee or failure to perform any Instruction under the Service if you are in breach of your obligations listed in clause 4.1.

4.3 When you are using the Service under these Terms and Conditions, it is your responsibility to make sure all the details are accurate before submission. Once a Transaction Request has been received, it is not normally possible to change any details. You will be allowed to confirm Transaction before submission, and you must check the details carefully.

4.4 The total amount (the Transaction Amount, Service Fee, and other applicable charges) that you will be required to pay and the applicable exchange rate will be displayed clearly before you are asked to confirm your Transaction and proceed with the Transaction at this point is entirely optional.

4.5 When you pay a Transaction Amount in one currency and the Payout Amount is in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. Remit Choice and its Service Providers usually make a small profit in these circumstances. We guarantee you the Payout Amount in local currency. The margin taken on foreign currency exchange covers our risk in guaranteeing this. If a Payee’s account is denominated in a currency other than the currency you instructed us to make payment in there may be delays, additional charges or different exchange rates. The Sender is, therefore, responsible for ensuring that the currency requested for the Transaction matches the currency of the account where the funds are to be delivered.

4.6 Remit Choice will have no responsibility for any fees or charges you may incur by using a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which credit card providers may impose if they treat use of the Service as a cash transaction rather than a purchase transaction. You must consult your financial institution for information regarding any such fees or charges.

4.7 You will only use the Service to send a Transaction Amount to people that you know personally and not to pay for goods or services from third parties you do not know and trust. You acknowledge that Remit Choice may refuse to process your Transaction where we believe you are using the Service to purchase goods or services from third parties you do not know and trust or where we believe that the Service is being used, by you or the Recipient, in furtherance of fraudulent, illegal or Prohibited activities, or in violation of these Terms and Conditions. If you choose to pay third parties for goods and services using the Service; in that case, you acknowledge that Remit Choice has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk.

4.8 Both you and the Recipient will only act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person. If you intend to submit an Instruction or receive a Transaction on behalf of a third person; In that case, you must first inform Remit Choice of your desire to do so and provide us with any additional information about the third person we may request in order that we may decide whether to permit the Instruction or Transaction.

4.9 In using the Service you will comply with these Terms and Conditions, as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send Transaction Amounts: (i) to a Payee who has violated the Terms and Conditions, or (ii) in connection with illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organizations. If Remit Choice reasonably believes you are using the Service in connection with an illegal activity or for any fraudulent purpose, or are permitting a third party to do so, in addition to any actions it may take under these Terms and Conditions; In that case, Remit Choice may report you to the appropriate legal authorities.

4.10 When using our website or the Service or when interacting with Remit Choice, with another user or with a third party, you will not:

4.10.1 breach these Terms and Conditions, or any other agreement between you and Remit Choice;

4.10.2 create more than one registration without our prior written permission;

4.10.3 provide false, inaccurate, or misleading information;

4.10.4 allow anyone else access to your registration details

4.10.5 refuse to confirm any information you provide to us, including proof of identity, or refuse to cooperate in any investigation;

4.10.6 use an anonymizing proxy or device (including without limitation any tool that attempts to make activity untraceable); or

4.10.7 copy or monitor our website or any part of the Services using any robot, spider, or other automatic device or manual process, without our prior written permission.

4.11 You acknowledge that nothing in these Terms and Conditions or in any other information provided by Remit Choice as part of the Service is intended to be, nor should it be construed to be, legal or other advice. If required, you agree to consult your professional advisers regarding the effects of Canadian or foreign laws that may apply to the Service.

 

OUR RIGHT TO REFUSE, SUSPEND OR CANCEL

5.1 We may refuse any Transaction at any time for any reason (or cancel it where relevant). Not with standing this, we set out here some examples of when that may occur.

5.1.1 We may, in our absolute discretion, refuse or cancel Transaction or Transactions where we believe that the Service is being used, whether by you or the sending/receiving party, in furtherance of illegal, fraudulent or Prohibited activities.

5.1.2 We may, in our absolute discretion, refuse or cancel Transaction or Transactions to or from certain Senders or to or from certain Payees, including but not limited to entities and individuals on, or in jurisdictions on, restricted or prohibited lists issued from time to time by any government authorities, if we are required to do so by law, or where we have reason to believe processing the Transaction would violate anti-money laundering or counter-terrorism financing laws and regulations. We may refuse to process a Transaction funded from certain Payment Instruments where we have reason to believe the security of the Payment Instrument has been compromised or where we suspect the unauthorized or fraudulent use of the Payment Instrument.

5.1.3 In our absolute discretion, we may refuse or cancel Transaction or Transactions if Remit Choice believes you are using the Service to purchase goods or services from third parties you do not know or trust.

5.1.4 We may, in our absolute discretion, refuse or cancel Transaction or Transactions if, included but not limited to:

(a) Remit Choice is unable to verify your identity;

(b) Remit Choice is unable to verify the identity of the Recipient;

(c) You do not comply with an information request(s) pursuant to clause 5.4; or

(d) Remit Choice reasonably believes you are using the Service, or allowing it to be used, in breach of these Terms and Conditions or any applicable laws, rules or regulations.

5.2 Where Remit Choice has refused or cancelled a, Transaction or , Remit Choice may also, at its discretion, temporarily or permanently suspend your Registration.

5.3 Where Remit Choice temporarily or permanently suspends your Registration, or refuses or cancels a Transaction or Transactions under this clause 5, Remit Choice reserves the right to retain any Service Fees already incurred.

5.4 In order to comply with our obligations under relevant laws, we reserve the right to ask for further information or evidence relating to the purpose of a Transaction, as well as your identity and that of the Recipient.

 

YOUR RIGHT TO CANCEL or REFUNDS

6.1 To the extent permitted by law, once we have received your Instruction, you do not have the automatic right to revoke it.

6.2 Notwithstanding clause 6.1 above, Remit Choice may, in its absolute discretion, attempt to cancel your Instruction if you have informed us that you wish to revoke it. In some cases, Remit Choice may have initiated an irreversible request for funds to be paid out to your Payee by a Service Provider and, therefore, cannot guarantee cancellation will be successful. Remit Choice will normally refund your money for successful revocations, less any reasonable revocation charges and any Service Fees already charged.

6.3 If you:

6.3.1 have any problems using the Service; or

6.3.2 are aware of any unauthorized or incorrectly executed Transactions;

you should contact us through the channels listed at the end of these Terms and Conditions without delay and no later than 13 months after the Transaction Amount was debited upon becoming aware of the unauthorized or incorrectly executed Transaction. A request for a refund must be submitted in writing (including by email) to one of the contact points listed at the bottom of these Terms and Conditions, giving the Sender`s full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.

6.4 If we have executed the Transaction following the instructions you provided, and that information proves to have been incorrect, we are not liable for the incorrect execution of the Transaction. We will, however, make reasonable efforts to recover the funds. We may charge you a reasonable fee to do so, reflective of our efforts.

6.5 Where Remit Choice has executed the Transaction otherwise than under your Instruction, subject to clause 11.2, Remit Choice will refund the full amount debited. Unless there are exceptional circumstances, no adjustment will be made for any currency fluctuations which may have occurred between the time you pay us the Transaction Amount and the time of credit.

6.6 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency.

 

COLLECTION OF INFORMATION AND CONFIDENTIALITY

7.1 Customer Identification Program. Applicable Canadian federal and provincial law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information relating to you and the Recipient and we may also legally consult other sources to obtain information about you and the Recipient.

7.2 Verification and Checks. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. Be assured that this is done only to confirm your identity, and that we do not perform credit checks and therefore your credit rating will be unaffected. We may also need to verify the identity of a Recipient in the same way. All information provided by you will be treated securely and strictly in accordance with the applicable law. By accepting these Terms and Conditions you authorize us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, or requiring you to take steps to confirm ownership of your Payment Instruments or email address; or indirectly, for example by verifying your information against third party databases or through other sources.

7.3 Data Privacy Policy. You consent to our processing of your personal information to provide the Service, including verification purposes as set out in this clause. You also consent to use such data to enable our authorized third parties and us to communicate with you and for statutory, accounting, and archival purposes, per the Remit Choice`s Privacy Policy terms. You acknowledge that you have read and consented to Remit Choice`s Privacy Policy. The Privacy Policy can be found by clicking https://www.remitchoice.com/privacy

7.4 Government Disclosures. We may be required by law to provide information about you, your use of the Service and your Instructions to the government or other competent authorities as described in our Data Privacy Policy. You acknowledge and consent to us doing this.

7.5 Recipient Information. Remit Choice may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Instruction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a transaction tracking number, a personal identification number (PIN), a "password", , or other similar identifiers.

7.6 Confidentiality. You agree to keep any document, correspondence, information or other material that you receive from us and which may be confidential, whether in or hard copy or electronic format, strictly confidential, and not to disclose any such material without Remit Choice’s prior written consent, unless otherwise expressly provided in such material or unless you are expressly required to disclose such material under applicable law or regulation.

 

INTELLECTUAL PROPERTY

8.1 The Remit Choice website and the Remit Choice’s Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Remit Choice website and the Service shall remain our property and/or the property of such other third parties.

8.2 The Remit Choice website and the Remit Choice Service may be used only for the purposes permitted by these Terms and Conditions or described on the website. You are authorized solely to view and to retain a copy of the pages of the Remit Choice website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Remit Choice website, app, socials, the Remit Choice Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Remit Choice website or the Remit Choice Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Remit Choice website (or printed pages of the website). The name “Remit Choice” and other names and indicia of ownership of Remit Choice`s products and/or services referred to on the Remit Choice website are our exclusive marks or the exclusive marks of other third parties. Other products, services and company names appearing on the website may be trademarks of their respective owners, and therefore you should not use, copy or reproduce them in any way.

 

WARRANTIES AND LIABILITY

9.1 Where we have materially breached these Terms and Conditions causing a Sender loss, we will refund the Sender the Transaction Amount and the Service Fee.

9.2 If a Transaction is delayed or fails, or if an executed Transaction is not authorized, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. In the case of any unauthorized or incorrectly executed Transaction, any such right may be prejudiced if you do not notify us of the unauthorized or incorrectly executed Transaction without delay, or in any event within 13 months after the debit date. We will provide you with further details of your rights to a refund or compensation if you contact us using the contact details at the end of these Terms and Conditions.

9.3 Any available relevant documentation must support any claim for compensation made by you.

9.3.1 Any claim for compensation made by you must be supported by any available relevant documentation.

9.4 To the maximum extent permitted by applicable law, if any loss that you suffer is not covered by a right to payment under the laws referred to in clause 11.2, and subject to the applicable law, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any Service Fee and (b) CAD500, unless otherwise agreed by us in writing. The cap on our liability only limits a claim for loss arising out of any single Transaction or series of related Transactions, or (if a loss does not arise out of a Transaction or related Transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss because of our failure to perform our agreement with you under two unrelated Transactions, you might be able to claim up to CAD1,000.

9.5 Subject to applicable law, we do not, in any event, accept responsibility for:

9.5.1 any failure to perform the Service (e.g. your Instruction) as a result of circumstances that could reasonably be due to abnormal and unforeseen circumstances or outside our control or due to our obligations under any applicable laws, rules or regulations;

9.5.2 malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;

9.5.3 any losses or delays in the transmission of messages arising out of the use of any internet or telecommunications service provider or caused by any browser or other software that is not under our control; or

9.5.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.

9.6 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. REMIT CHOICE EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.

9.7 Nothing in this clause 11 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude our liability for fraud.

9.8 Where you are sending a Transaction Amount to a Payee who is not registered with us, you agree to accept the provisions of this clause 11 not only for yourself, but also on behalf of the Payee.

9.9 Your relationship is with the applicable Remit Choice entity as identified in section 1.2 only. You agree that no other Remit Choice entity, or affiliate or agent of Remit Choice owes you any duty of care when performing a task that would otherwise have to be performed by the applicable Remit Choice entity under its agreement with you.

9.10 You understand and acknowledge that you are liable for all losses incurred in respect of an unauthorized Transaction or Instruction or any other unauthorized use of the Service, where you have acted fraudulently or negligently and you agree to be responsible for and hold harmless Remit Choice, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of the website or Service, all activities that occur under your password or account e- mail login, and contact information that is registered with us, your violation of these Terms and Conditions or any other violation of the rights of another person or party.

 

USE OF THE APP AND SERVICES

10.1 In consideration of you agreeing to abide by these Terms and Conditions, we grant you a non-transferable, non-exclusive license to use the Services, including without limitation, the App, subject to these Terms and Conditions, our Privacy Policy and the applicable app-store terms (incorporated into these Terms and Conditions by reference) as may be amended from time to time. We reserve all other rights.

10.2 Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree:

10.2.1 not to copy the Services, including without limitation, the App (except where such copying is incidental to normal use of the Services, or where it is necessary for back-up or operational security); and

10.2.2 not to rent, lease, sub-license, loan, alter, translate, merge, adapt, vary or modify the Services, including without limitation, the App.

10.3 You acknowledge that the Services, including without limitation, the App have not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Services, including without limitation, the App meet your requirements. 

10.4 We only supply the Services, including without limitation, the App for domestic and private use. You agree not to use the Services, including without limitation, the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. Specifically (but without limitation), we do not accept any liability for loss or damages to you or any third party resulting from any delay in us processing an Instruction or refusal by us to execute a Transaction according to these Terms and Conditions.

10.5 The App is provided to you free of charge and as a result no representations, conditions, warranties or other terms of any kind are given in respect of the App, and all statutory warranties and conditions are excluded to the fullest extent possible under applicable law.

10.6 Concerning your use of the website and the App, we do not, in any event, to the extent permitted by law, accept responsibility for:

10.6.1 any failure to perform the Services, or any losses or delays in the transmission of messages, due to circumstances outside our control or due to our obligations under any applicable laws, rules or regulations;

10.6.2 malfunctions in communications facilities that cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages we send to one another;

10.6.3 errors in the website, App or Service caused by incomplete or incorrect information provided to us by you or a third party; or

10.6.4 any loss or damage you suffered by you from using our App on a ’jailbroken’, ‘rooted’ or otherwise modified device.

 

ELECTRONIC COMMUNICATIONS

11.1 You acknowledge that these Terms and Conditions shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

11.1.1 these Terms and Conditions and any amendments, modifications or supplements to it;

11.1.2 your records (e.g. of transactions) through the Service;

11.1.3 any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law;

11.1.4 any customer service communications, including without limitation communications concerning claims of error or unauthorized use of the Service; and

11.1.5 any other communication related to the Service or Remit Choice.

11.2 The Service does not allow Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. To withdraw your consent, you must contact us using our contact information at the end of these Terms and Conditions.

11.3 In order to access and retain Communications, you must have or have access to the following:

11.3.1 an internet browser that supports256 – bit such as Internet Explorer version 8.0 or above;

11.3.2 an e-mail account, e-mail software capable of interfacing with Remit Choice`s e-mail servers and the capability to read e-mail from Remit Choice, and a device and internet connection capable of supporting the foregoing; and

11.3.3 sufficient electronic storage capacity on your electronic device’s hard drive or other data storage unit; or

11.3.4 a printer that is capable of printing from your browser and e-mail software.

11.4 In addition, you must promptly update us with any change in your e-mail address by contacting through below listed mediums.

 

TERMINATION

12.1 You may terminate these Terms and Conditions on one month’s written notice. We may terminate these Terms and Conditions upon two months’ notice, except as provided for in clause 

12.2 We may terminate these Terms and Conditions with immediate effect if you:

12.2.1 become, or we reasonably believe or become aware you are likely to become, insolvent or are declared bankrupt;

12.2.2 are in breach of any provision of these Terms and Conditions;

12.2.3 use the Service or the website in a way that is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;

12.2.4 through any means of communication intimidate, harass or threaten Remit Choice or its employees with violence, property damage or any other offensive, indecent or hateful material;

12.2.5 breach or attempt to breach the security of Remit Choice’s customer portals (including but not limited to: modifying or attempting to modify any information; unauthorized log-ins, unauthorized data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way); or

12.2.6 are, in Remit Choice’s reasonable belief, using the Service in connection with fraudulent, illegal or activity, or permitting a third party to do so.

 

COMPLAINTS

13.1 If you wish to file a complaint about any aspect of the Remit Choice service, please send your complaint in writing to the address shown on the https://www.remitchoice.com of our website.

13.2 We will acknowledge receipt of your complaint promptly. We will investigate your complaint and come back to you with the results of our investigation as soon as feasible after we acknowledge your complaint.

 

GENERAL

14.1 Governing law: For users who are NOT residents in the province of Quebec, this Agreement will be governed by Ontario law and the federal laws of Canada applicable therein, and the parties submit to the exclusive jurisdiction of the courts located in the province of Ontario. For users who are residents in the province of Quebec, this Agreement will be governed by Quebec law, the federal laws of Canada applicable therein, and the parties submit to the exclusive jurisdiction of the courts located in the province of Quebec.

14.2 No Waiver: The failure of Remit Choice to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

14.3 Modification: Subject to applicable law, we may modify any or all of these Terms and Conditions from time to time without notice to you, except as may be required by law or as we determine appropriate. You can review the most current version of the Terms and Conditions at any time by reviewing the website. At the top of this page, we will indicate the date these Terms and Conditions were last revised. If you have registered with respect to the Services, as required by law or as we determine appropriate; In that case, we will provide you with notice of any such modifications to these Terms and Conditions at least 30 days before the amendment comes into effect, indicating the new clause, or the amended clause and the clause as it read formerly, using any contact information we may have available for you. You may refuse the amendment and rescind, or cancel your participation without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify these Terms and Conditions and acknowledge that any attempts by you to modify these Terms and Conditions shall be void.

14.4 Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.

14.5 Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

14.6 Any external links to third party websites on the website are provided as a convenience to you. We do not control these sites in any way and are not responsible for the accuracy, completeness, legality or any other aspect of these other sites, including any content provided on them. You access such websites at your own risk. You access such websites at your own risk.

_______________________________________________________

 

Security

We take security very seriously at Remit Choice with state-of-the-art security measures to help ensure your information remains secure. The Remit Choice Service is intended to be a safe and convenient way to send money to friends, family, and other people you trust.

However, we advise you to consider very carefully before sending money to anyone you do not know well. In particular, you should be very cautious of deals or offers that seem too good to be true - they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us at [email protected]. Similarly, if you receive any emails, purporting to be from Remit Choice, which you suspect may be "phishing" (fake) emails, please forward them to us using Our Email or Phone. 

 

Contact Information

Questions, notices, and requests for refunds or further information should be sent to Remit Choice, as follows:

By Email at: [email protected]

By telephone at:  +12892241088

By post to: 102-1270 CENTRAL PKWY W C/O INCORPPRO MISSISSAUGA, ON, CANADA L5C 4P4.

Last Updated on 03-July-23

REMIT CHOICE TERMS AND CONDITIONS PROVISIONS

The website, www.remitchoice.com (`Website`), and Remit Choice`s mobile phone application (`Application`) are operated and controlled by Remit Choice Limited (`Remit Choice UK`) on behalf of Remit Choice Pty Ltd (ACN 640 504 963) (`Remit Choice`, `we`, `our` or `us`) to you (`Sender`, `you` or `your`) in order to enable you to transfer a money (`Service`).

The Service is provided by Remit Choice to you (`Sender`, `you` or `your`).

Where a right or obligation under these Terms relates to the Website or the Application, the terms `we`, `us` or `our` refer to Remit Choice UK. Where a right or obligation relates to the Service, the terms `we`, `us` or `our` refer to Remit Choice.

The use of the Website and the Application, and the provision of the Service, is governed by and subject to these Terms and Conditions (`Terms`). They are intended to be legally binding.

You hereby acknowledge and agree that this English language version of the Terms is the applicable version for all languages. Any other language version we may provide is for guidance purposes only. Any dispute or claim arising out of or in connection with the Terms or their subject matter or formation (including non-contractual disputes or claims) will be considered in relation to the English version only.

It is important that you understand that access and use of the Website, Application and the Service is conditional on your acceptance of these Terms. At all times, you may request to receive a copy of these Terms via post or email. Please send an email to [email protected]

 

DEFINITIONS

The following Terms shall have the following meaning(s) when used in the Terms, unless the context requires otherwise:

`Application` means the Remit Choice mobile phone application operated by Remit Choice UK to provide online money transfer services and the related information;

`AML/CTF Compliance Officer` means the staff member at Remit Choice or its group companies who is responsible for compliance with the AML/CTF legislation and other relevant laws;

`AML/CTF legislation` means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth) and the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No.1), as amended from time to time;

Remit Choice` means Remit Choice Pty Ltd (ACN 640 504 963), incorporated in Australia;

`Remit Choice UK` means Remit Choice Limited (company number 11770361), incorporated in the United Kingdom,

`Fees` means the charges and fees we charge to you for the Service, as applicable, in accordance with the price list published on the Website and/or the Application, or the prices or rates that we communicate to you before we issue a Confirmation, or as provided in these Terms.

`Force Majeure Event` means any acts, events, omissions or accidents beyond our reasonable control, which are not known at the time the Terms are agreed to, including, without limitation:

an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;

the acts, decrees, legislation, regulations or restrictions imposed by any government or state;

the actions or omissions of the third parties;

malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;

any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or

any Malicious Code interfering with the Service;

`FX Spread` is where you pay for a transaction in one currency and it is paid out in another currency, we apply an FX spread. The FX spread is the difference between the exchange rate we buy the currency in and the exchange rate we are able to provide to you and we communicated it in the order confirmation and it covers our costs plus a small margin

`IPRs` refers to Intellectual Property Rights, and means the rights to the Website, the Application, the content, the name Remit Choice and other names, logos, signs, domain names, email addresses and other indications of origin displayed on the Website or the Application relating to Remit Choice`s or Remit Choice UK`s products and/or services and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, design right, trade marks);

`Malicious Code` means computer viruses, Trojans, software locks, drop-dead devices, malicious logic or trap door, worms, time bombs, corrupted files or other computer programme routines that are intended to delete, disable, deactivate, damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;

`Privacy Policy` means the Remit Choice Australian Privacy Policy available on the Website, as amended from time to time;

`Prohibited Purpose` means any unlawful purpose (whether such illegality arises in the country from which the funds are transferred or where they are intended to be received or in any territory with jurisdiction over the Sender or the Receiver) including, without limitation, the transfer or receipt of payment for illegal activities, the transfer of funds which constitute proceeds of crime under the Proceeds of Crime Act 2002 (Cth) or money laundering or terrorism financing under the AML/CTF legislation, or which are obtained by illegal activity, the transfer of funds for the purpose of funding illegal activity, the transfer of funds for the purpose of avoiding the seizure of such funds by law enforcement authorities or under orders of any court of law, and any transfer of funds without the permission of their owner;

`Recipient` means the person who receives (or who the Sender intends to intends to receive) the money through the Service;

`Reference Number` means the unique Transaction number, which will be issued to you and which the Recipient will be required to provide to our partners in order to receive the amount transferred;

`Sender ‘means the person who initiates the carrying out of a money transfer through the Service,

`Transaction` means a money transfer that you initiate using the Service and/or every other use that you make of the Service;

`Website` means the website remitchoice.com operated by Remit Choice UK to provide online money transfer services and the related information.

Information about us and how to get in touch with us

Remit Choice UK operates the Website and the Application which enable you to transfer money using a device connected to the internet and/or a mobile phone.

Remit Choice Pty Ltd is a wholly owned subsidiary of Remit Choice UK, and provides the Services to customers in Australia.

We can be contacted via the following means:

Email using the email address: [email protected]

Website: www.remitchoice.com

 

CONFIDENTIALITY/ PRIVACY

We will collect, use, store and disclose your personal information in accordance with our Privacy Policy.

Without limiting our Privacy Policy, you acknowledge that you expressly authorize us to disclose any of your personal or payment information to a Recipient or to any bank, card issuer, payment processor, rewards or loyalty program, or service provider used by Remit Choice or Remit Choice UK for the purpose of operating the Website, the Application or providing the Service.

Personal information will be treated as confidential, unless it is already public knowledge or where it becomes public knowledge through no fault of our own.

We may disclose personal information for the purposes outlined in the Privacy Policy. We may also report suspicious matters to AUSTRAC or to other appropriate government authorities.

For more details and information regarding the confidentiality, privacy and security of your personal information please refer to our Privacy Policy, that can be found at privacy policy for Australia

 

ELIGIBILITY AND YOUR ACCESS RIGHT

By using the Service, you warrant that you are at least 18 years old and that you have full capacity to enter into, agree to and comply with these Terms.

Without prejudice to your rights in relation to any order for Service in relation to which we issued a Confirmation (in accordance with clause 7 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if

You use the Service or attempt to use it for any Prohibited Purpose;

You attempt to transfer or charge funds from an account that does not belong to you;

We receive conflicting claims regarding your ownership of or your right to withdraw funds from a debit or credit card account;

You have provided us with false evidence of your identity or you fail to provide us with true, accurate, current and/or complete evidence of your identity or details regarding transactions;

You have failed to successfully pass our customer due diligence and sanction checks;

You are in breach of these Terms;

We have reason to believe that any of the foregoing has occurred or is likely to occur;

Upon the occurrence of any of the circumstances listed in section 7.5;

You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect the Website or the Application with any Malicious Code; or

the AML/CTF Compliance Officer has, in their sole discretion, made a decision to terminate or suspend the provision of the Service to you.

You acknowledge and agree that in order to receive the Service, you must create an Remit Choice account using the procedure set in the Website or the Application.

Information we provide before the Transaction is complete

If funds are sent via a recipient form, before your Transaction is complete you will be provided with the following information:

The amount the Recipient will receive;

The maximum total Fees (including the FX Spread) that you will be charged;

The exchange rate that we will apply to your Transaction;

The location and documentation needed from the Recipient in order to collect the money (in case of cash collection);

An estimation of time it will take for the funds to be made available to the Recipient.

The Transaction order will remain valid for 24 hours (or 5 days for bank transfers) from the moment you complete the Transaction order, in order for you to pay the value of the Transaction to us. If we have not received the relevant funds within this timeframe, the order will be cancelled in accordance with section 12 and you will be advised to initiate a new Transaction order.

How the Contract is formed between you and us and how sending the Transaction Amount works in practice

After you place a Transaction order via the Website using a recipient form, an email will be sent to you acknowledging that your order has been received. After you place a Transaction order via the Application, you will receive a confirmation in the Application. Please note that this does not mean that your order is accepted. Any placement of a Transaction order shall be deemed to constitute your explicit approval and authorization of such order. Any approval can be revoked by you up until the moment the Recipient has been paid in accordance with clause 12

A Transaction order constitutes solely an offer to buy our Service, which is subject to our discretionary acceptance. As part of the order, we will communicate the involved Fees and exchange rate. This does not yet constitute our acceptance. Such acceptance will be communicated to you either (i) via e-mail confirming that we are processing your request or (ii) through a confirmation in the Application (hereinafter called `the Confirmation`). The contract between you and us (hereinafter called `the Contract`) will only be formed when the Confirmation has been sent. The Transaction can still be revoked by you after Confirmation, but before payment to the Recipient in accordance with clause 12.

Any placement of a Transaction order shall be deemed to constitute your explicit approval and authorization of such Transaction order.

The Contract relates solely to the Service that has been confirmed in the Confirmation.

We reserve the right to refuse to perform a Transaction (including after you have received a Confirmation) if:

We are unable to obtain satisfactory evidence of your identity;

You provide us with false, incorrect or incomplete information;

We are unable to reach you via contact details provided by you;

Your Transaction order or other information or documentation that we request is not provided sufficiently in advance to allow us to process the Transaction;

You are in breach of the Terms;

You or the Transaction order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose;

Processing the Transaction in accordance with the Transaction Order may expose us to liability;

We are unable to process your Transaction due to variations in business hours, currency exchange or currency availability issues or due to any Force Majeure Event;

We have reason to believe that any of the foregoing has occurred or is likely to occur; or

the AML/CTF Compliance Officer has, in their sole discretion, made a decision not to process the Transaction.

We are not required to provide you with the reason for exercising any of our rights in this clause, including the reasons for our decision and any follow-up procedure for correction, but may notify you of the reason in our sole discretion.

Neither Remit Choice UK nor Remit Choice shall be liable for any damages, costs or losses incurred by the Sender or the Recipient or any third party if, as a result of any of the circumstances referred to in sections 5.2 or 7.5, we fail to complete the Transaction in accordance with a Transaction Order.

Information provided after we process a transaction

After we process your Transaction, an e-mail or notification via the Application will be sent to you with the following information:

The Reference Number;

A confirmation of the exact amount we are sending to the Recipient on your behalf in both pay in and pay out currencies;

A confirmation of the Fees (including the FX Spread) that have been charged;

The exchange rate applied to your Transaction;

A location and documentation needed from the recipient in order to collect the money (in case of cash collection option);

A confirmation of the bank to which the money has been sent (in case of bank deposit option),

The estimated time when the money will be available to the Recipient.

Limitations on our liability and indemnity

Any liability on our part in connection with these Terms is subject to the exclusions and limitations set out in these Terms.

You agree that we will only be liable to you for loss or damage that is reasonably foreseeable and caused directly by our breach of the Terms, and that any liability (however arising) we may have to you is limited in accordance with these Terms.

We are not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software.

We are not liable for any breach of these Terms where the breach is due to a Force Majeure event, including any abnormal and unforeseeable or regulatory circumstances beyond our control, or where the breach is due to legal requirements.

Subject to section 9.8, the liability of Remit Choice, Remit Choice UK, our affiliates or service providers, and any of their respective officers, directors, agents, employees or representatives, is limited to the Transaction Amount and the Fees as set out in the Transaction order(s) in dispute.

The limitation of liability in these Terms is subject to any obligations that we have under applicable law and regulation which by law we cannot exclude, including our obligation to exercise reasonable care and skill in our provision of the Service.

Our total aggregate liability, whether in contract, tort or otherwise, in relation to any single transaction, act, omission or event, or in relation to any number of related transactions, acts, and omissions or event is expressly limited to the greater of:

The amount of any Fees that was paid to us; or

AUD1,000.00.

 

NOTHING IN THIS CLAUSE SHALL:

Exclude or limit liability on our part for death or personal injury resulting from our negligence; or

Exclude liability for our fraud, our willful misconduct or gross negligence.

We are not liable for the quality, safety, legality, or delivery of the goods or services that you pay for using the Service.

We shall neither be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to a Force Majeure Event.

Our performance of our obligations under the Contract shall be suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavors to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.

We do not bear any liability for you providing any incorrect details about your Recipient, including – but not limited to – errors and typos. If a Transaction has been sent to a person other than the Recipient in error, because of your failure to provide correct details, we will not be obliged to assist you retrieve the funds. We may, in our sole discretion, provide our reasonable assistance to try to retrieve the funds. We may charge you for any such assistance.

You indemnify Remit Choice, Remit Choice UK and each of its directors, officers, shareholders, advisers, consultants, agents, employees and contractors (each an `Indemnitee`) against all liabilities, claims, losses and expenses (`Losses`) which may be incurred or suffered by the Indemnitees directly or indirectly arising out of your failure to comply with these Terms.

You agree to indemnify Remit Choice for any Loss we incur due to a person`s unauthorized use of your information. Losses may include consequential losses and any legal fees incurred in defending or responding to Losses. This indemnity will apply regardless of whether a Transaction order was provided in error but will not apply to the extent that Losses were incurred or suffered by an Indemnitee due to the fraud or willful default of Remit Choice.

We are not required to seek recovery or enforce any right against any other person or incur expense, loss, or damage or make any payment before enforcing a right of indemnity conferred by these Terms.

 

YOUR RESPONSIBILITIES AND OBLIGATIONS

You will not use the Service unless you are at least 18 years old and have capacity to enter into legally binding contracts.

You acknowledge and agree that you will pay the Fees which relate to each Service we have provided to you.

You shall comply with these Terms, and with any applicable laws, rules and regulations.

In relation to your registration and use of the Service:

you will use the Website and the Application in accordance with these Terms;

you will disclose any matters to us that may affect the operation of these Terms, or your ability to comply with them;

you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation anti-money laundering and counter-terrorism financing laws, including the AML/CTF legislation, and any relevant data protection or privacy laws);

your use of the Website or the Application and/or submission of Transaction order does not infringe the rights of any third party or breach any applicable law;

you will not use the Website or the Application for illegal trade, illegal financial transactions, or legalization of illegal proceeds;

you will provide us with accurate, current, complete and true evidence of your identity and any additional information or evidence we may require to confirm your identity;

you will supply us with all requested information and documentation in order to process your transfer and to comply with any legal requirements applicable to us or to our partners (including without limitation, the AML/CTF legislation);

you will update all information you provide to us to keep it accurate, current, complete and true;

you will not use the Service for or in connection with any Prohibited Purpose or attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code;

you will transfer money only from your own credit, debit card or bank account. You may not submit a Transaction order on behalf of another person;

you will not open more than one account with us;

you will keep your Reference Number secure. You must not share the Reference Number or any other Transaction details with anybody except the Recipient. If you share the Reference Number or other Transaction details with another person, or you allow another person to access that information, we may be entitled to treat any Transaction initiated by that person as valid and authorized by you and may not be responsible for any loss or damage that you incur as a result;

you will use the Service to send money only to people that you know personally or to pay for goods and services purchased from suppliers of whom you have sufficient knowledge and whose identity you verified. You acknowledge that we have no control over the suppliers or over the goods and services for which you use our Service to make payments and we have no responsibility for the quality, safety, legality, or the delivery of such goods or services to you.

 

YOU UNDERSTAND AND ACCEPT THAT

We are legally obliged to retain information about our Senders and the Transactions that we process for up to 7 years after termination of our relationship with you or as may be required from time to time by applicable law or by any regulatory authorities;

All currency converted as part of the Service will be converted using our rate of exchange (as published on the Website and/or the Application or as may be communicated to you before we issue a Confirmation) and a FX Spread may apply. We reserve the right to make changes to our rate of exchange at any time without providing notice;

We reserve the right to increase the FX Spread when the markets are closed (weekends, bank holidays) to prevent loss stemming from currencies fluctuating and ensure payouts for Senders. In this situation, we will display the rate that we are offering on the Website homepage and the final rate on the checkout page of the Website before confirming the Transaction;

Some countries may impose minimum and maximum thresholds in relation to the amounts that can be sent through our Service, which we must comply with;

You will be liable to us for all losses which we suffer or incur in relation to any fraud or fraudulent activity by you or any breach of these Terms by you;

You must contact us as soon as possible if you believe or suspect that a Transaction was not executed properly or that the amount has not been received or was only partly received;

It is your responsibility to inform the Recipient of the information he/she will need to provide in order to collect the money you transfer through the Service (such as photographic identification, the exact amount of the send order and the Reference Number).

You will not, and you will not permit any other person to:

Decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense or otherwise attempt to construct or identify the source code, formulas or processes used by the Website or the Application;

Do anything which will or may damage, disrupt access to or interfere with the proper operation of the Website or the Application for any period of time;

Post, distribute or send any `spamming` material or any other form of bulk communication on or using the Website or the Application;

Impersonate any person or entity;

Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction or data harvesting) on, or in relation to, the Website or the Application;

Otherwise use the Website or the Application for any purpose that may harm our reputation.

If you become aware, or should reasonably be aware, of any request or demand made of you to engage in any conduct by which you or a third party gains unfair financial or other advantage, including but not limited to dishonest or corrupt conduct, or any conduct in breach of any anti-corruption law or anti-money laundering and counter-terrorism financing law applicable to the Website, the Application or the Service, you must promptly report it to us via email.

If you have any indication or suspicion that your Reference Number, password, or other security details are lost, stolen, misappropriated, used without authorization or otherwise compromised, you should change your password and contact us immediately. Any delay in notifying us may result in you being liable for any losses.

If our investigations show that a Transaction reported by you as unauthorized or incorrectly executed was in fact authorized by you, or you have acted fraudulently or with negligence (for example, by failing to keep your security information secure), we may reverse any refund made and you may be liable for any and all loss we suffer from your use of the Service.

 

FEES AND PAYMENT METHODS

The prices for the Service consist of FX Spread and the Fees.

Our Fees vary from time to time, but changes in the Fees will not apply to any orders in respect for which we have already sent you the Confirmation.

If you send money via a recipient form you can pay for the Transaction via bank transfer, debit/credit card and any alternative payment methods where available. If you send money via the Application, you can pay for the Transaction via credit card or debit card.

If you pay by debit card it will be charged as soon as we accept your request for the transfer.

In case of a SWIFT transfer, we are not liable for any additional fees that the banks (either on the sending or receiving side) may charge.

When you pay by debit card and your order is refused by your bank or by the card issuer, your bank account will not be debited. However, it is possible that your bank or the card issuer might hold the amount you tried to send. If this happens you will need to contact your bank or card issuer to resolve the issue.

Discounts on our Fees may be available through promotions that we or our partners may offer from time to time. Promotions are subject to terms and conditions and will be honored in accordance with their published terms.

You agree that once we receive funds in relation to a Transaction order the funds are our property. We do not hold any amount on your behalf, whether on trust or otherwise, and we do not hold any funds in a trust account. Our obligation to complete a Transaction order and remit payment to the Recipient on your behalf is a contractual obligation owing to you by Remit Choice. To the extent permitted by law, we have no other obligations to you in relation to Transaction order.

We will not agree to any standing arrangement to make payments to a Recipient at a predetermined time or on a predetermined date.

We are not liable for any entity that issues a credit card or debit card used by you, or by any Recipient, and do not warrant their performance. If you have any disputes with the issuer of a credit card, including merchants, you should settle these with the relevant third party.

We are not responsible for the payment of late payment fees or any other charges applied by a Recipient or any other third party arising from your use of the Platform, regardless of why the fee was applied.

We may use third-party merchant facilities to process transactions. We have no control over third-party providers we engage and are not responsible for any delay in processing a Transaction order that is caused by a third-party provider, including but not limited to our merchant facility or the issuer of your credit card, debit card or your bank account.

 

CANCELLATIONS AND REFUNDS

You acknowledge that any payment remitted by us in accordance with a Transaction order is done on your behalf. Once a Transaction order has been processed, you are responsible for recovering any amount that you wish to recover from a Recipient that has been remitted by us. Any Fees paid by you in relation to a recovered payment are not refundable under any circumstances.

You have a right to cancel a Transaction before payment has been made to the Recipient. If you have sent money via a recipient form, you may exercise this right by:

Emailing us at [email protected]

If you have sent money via the Application, you may exercise this right by:

Requesting Cancellation in the Application; or

Emailing us at   [email protected]

If you exercise your right to cancel the Transaction or if we cancel the Transaction, after you have already paid us the funds to be transferred:

we will refund money paid by you and intended for a Recipient only under the condition that it has not already been paid out to the Recipient in accordance with your original instructions prior to the cancellation request; and

we reserve the right to retain the Fees charged for the Service unless the Transaction is cancelled because it was processed by us in error;

if by the time you notify us of the cancellation of the transfer we have already sent the money to one of our partners in the country of destination, we may not be able to successfully cancel the order, given that the cancellation procedures with our partners differ in length and complexity, as well as often require communication across time zones.

Refunds can take up to 7 working days to be processed. Processing time may depend on a bank or third-party service provider`s processes, which are beyond our control. We are not liable for any delay caused by the processing time of a third party.

We reserve the right not to refund amounts smaller than AUD10.00 and to charge a refund fee of AUD10.00 if the refund is requested by the Sender and is not connected with any error on our part.

If we do not transfer the money to the Recipient in accordance with an order within 30 days after your instructions and the funds have been received, provided that you correctly followed our procedures and complied with all our policies, you may ask for a refund of the money transferred to us and intended for the Recipient.

If a Transaction order has not been completed for any reason other than you exercising your cancellation rights or Remit Choice cancelling the Transaction in accordance with this section, the Transaction Order will expire 1 month after the day on which it is submitted.

If, in the case of cash collection, the funds have not been collected by the Recipient, or the Transaction requires a correction, we reserve the right to cancel your Transaction without prior notice to you and to refund the amount that was to be transferred. The refund will not include the Fees paid for the Service, which we will retain.

If, for any reason, the Transaction has not been cancelled in accordance with clauses 12.6, 12.7 and 12.8 and Recipient does not collect the money within 13 months after the date it became available for collection, all rights of cancellation of the Transaction or refund of the money transferred or the Fees shall be deemed to be waived by you.

 

NO GUARANTEE

We take reasonable steps to ensure we can provide the Service effectively, reliably and securely. However, we do not warrant, guarantee or represent that:

The Website, the Application or the Service, or any information or other material accessible through the Website or the Application, will be uninterrupted, timely, reliable, secure, error-free or is free of any virus, worm, trojan horse or other harmful component;

Any Transaction order will be executed, accepted or recorded; or

There will be operational stability, availability or continuation of, the Website, the Application or the Service;

The Website, the Application or our computer systems are safe from hacking;

Your use of the Website, the Application and the provision of the Service will not infringe the rights of any third party.

In addition, the Website, the Application and/or the Service may be suspended or discontinued in our sole discretion, and the Website and/or the Application may be inaccessible at times due to:

Down-time and/or maintenance of the Website and its functions;

Outages to the internet, networks or servers;

Equipment failure, including the failure of third-party systems; or

A Force Majeure Event.

You acknowledge that we have not made any warranty that the Website, the Application and/or the Service will be error free. We are not required to notify you of any malfunction in the Website, the Application or the Service, or if a Service is limited, restricted or ceases.

 

PROMOTIONS

All promotions, bonuses or special offers run by Remit Choice are subject to promotion specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions.

In certain cases, we may conclude promotions, bonuses or special offers before the end of the advertised period or may prolong the period of a promotion, bonus or special offer usually due to abuse, limited up-take of the offer or error.

Remit Choice reserves the right to disqualify certain countries from promotional offers.

In the event that Remit Choice reasonably suspects that a Sender or other user of our Service has abused, is abusing or attempting to abuse a bonus or other promotion, or is likely to benefit through abuse or lack of good faith from a policy adopted by Remit Choice, then Remit Choice may, at its sole discretion, deny, withhold or withdraw from a Sender or user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that Sender or user`s access to his/her account.

 

COMPLAINTS

We value your feedback as it helps us improve our Service. We have established internal procedures for complaints. You can make a complaint in writing to us regarding any aspect of the Service by by mail or e-mail to the following addresses:

380 St Kilda Road Melbourne 3004

[email protected]

We will investigate your complaint and come back to you with a final response by the end of 15 business days after the day in which we received a complaint.

For more information, a Complaints Handling Policy may be provided to you upon your request.

 

INTELLECTUAL PROPERTY

You acknowledge and agree that the IPRs are owned by us, Remit Choice UK, our affiliates or third-party licensors. Other names and logos of third-party products, services and companies displayed on the Website or the Application may be the trademarks of third parties. You shall not acquire any right, title or interest in any of our IPRs or of any IPRs owned by a third party, by reason of the Service or the Contract and all right, title and interest in and to the Website and the Application shall remain our property and/or the property of such other third parties.

You may use the Website and the Application only for the purpose of the bona fide use of our Service as an individual consumer and only as permitted by the Terms or described on the Website or the Application. You are authorized solely to view and to retain a copy of the pages of the Website or the Application for your own personal use. The Website and the Application and the Service may not be used for the purpose of testing the Service or to obtain information about the Service or about us.

You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Website, the Application or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Website or the Application or to use the Service; and/or (b) remove or alter any copyright, trade mark or other proprietary notice or legend displayed on the Website (or printed pages of the Website).

 

REFERRAL AND PROMOTIONS TERMS

Remit Choice Referral and Promotions Terms (`the R&P Terms`) along with Remit Choice`s general Terms and Privacy Policy sets out the terms which govern Remit Choice`s referral programs (`the Referral Program`) and promotions (`the Promotion Program`).

All customers transacting with Remit Choice are subject to Remit Choice`s onboarding procedures which include agreeing to Remit Choice`s general terms of business.

These Terms are to be read in conjunction with the R&P Terms (as in force at the time). If the the R&P Terms which govern a Referral Program or a Promotions Program are inconsistent with these Terms, these Terms apply to the extent of any inconsistency unless stated otherwise.

By participating in, registering for or using our Referral and Promotions Programs you confirm that you accept the R&P Terms and that you agree to comply with them.

If you do not wish to agree to and abide by the R&P Terms in their entirety, you must not participate in, register for or use our Referral and Promotion Programs.

 

HOW TO EARN A REFERRAL CREDIT

A Sender that has an active and registered Remit Choice account can earn a Referral Credit of Specified Value towards a Qualifying Transaction if a referred friend clicks on a Referral Code and creates a Remit Choice account or enters the Referral Code upon registration on the Website or via the Application, and meets the requirements of a Qualifying Transaction.

The Referral Credit is non-transferable, non-negotiable, non-refundable and cannot be exchanged for cash.

A Qualifying Transaction must have a total sending Specified Value and in the case of the user receiving the referral, it must be their first transaction.

Specified Value is the value of Referral Credit and Qualifying Transaction as described in each Referral Program.

If the first transaction of the Sender is less than the amount of Qualifying Transaction, the Referral Code can be used in a subsequent transaction with the same or higher total sending value as the Qualifying Transaction

Remit Choice reserves the right to impose an expiration date on the exercise of the Referral Code.

Same-currency transfers don`t count towards your referral program.

The Referral Codes cannot be used in combination with any other Remit Choice voucher code.

Each referred friend invited by the Sender shall only make transfers from a credit card, debit card, bank account or alternative payment method which is in their name.

A limit may be placed on the total number of Referral Credits or over a given time period to which a Sender is entitled in respect of a Referral Program. The Sender will be notified of such limits or restrictions at the time they register for the Referral Program.

A general limit of 3 Referral Credits is applied.

 

REFERRAL PROGRAM FAIR USE

You may only use the Referral Program in good faith for lawful purposes.

You may not:

create more than one Remit Choice account in order to invite yourself;

invite others that have created duplicate Remit Choice accounts;

use alternative contact information to refer yourself or others that have created duplicate Remit Choice accounts;

invite an existing customer of Remit Choice;

invite fictitious persons;

do anything that damages Remit Choice`s brand, goodwill or reputation;

make payments to another user that are not genuine payments;

use the Referral Program in:

any way that breaches any applicable local, national or international law or regulation; or

any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

to transmit any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (this includes, mass emailing, texting or messaging people you do not know or using automated systems or bots through any channel to distribute); or

to transmit any unsolicited or unauthorized advertising either via paid search or any other similar activity, including channels that can damage the Remit Choice brand, goodwill or reputation.

Referrals should only be used for personal and non-commercial purposes and should only be shared with personal connections who would appreciate receiving these invitations.

You represent and warrant to us that you have obtained the express consent from the individuals whose data you provide us with.

 

OUR RIGHTS IN RELATION TO REFERRAL CREDITS

Remit Choice has the right to refuse to pay you the Referral Credit if (in its sole and absolute discretion) Remit Choice suspects that you have not used the Referral Program in good faith or have breached these Terms or any other applicable the R&P Terms.

Remit Choice will determine, in our sole and absolute discretion, whether there has been a breach of the R&P Terms.

When a breach of the R&P Terms has occurred, Remit Choice may take such action as we deem appropriate, including (but not limited to) termination of the R&P Terms, termination of these Terms, closing your account(s), closing third party account(s) and suspending the Referral Program.

We may revise the R&P Terms at any time by amending this page.

Continued use of the specific Referral Program and/or the Promotional Program shall amount to acceptance of the R&P Terms at that time.

Remit Choice may require identification documents from you prior to paying the Referral Credit.

Remit Choice shall not be in breach of the R&P Terms (nor have any obligation to pay you a Referral Credit) if you do not (in Remit Choice`s sole and absolute discretion) provide the identification documents requested by Remit Choice.

Remit Choice accepts no liability for any use of the Referral Program which does not comply with the R&P Terms.

 

WRITTEN COMMUNICATIONS

Applicable laws and regulations require that some of the information we send to you or communications between you and us should be in writing. You agree to receive such written communications electronically. You also agree that electronic means of communication shall be effective for the purpose of the Contract between you and us. The foregoing does not affect your statutory rights.

 

NOTICES AND COMMUNICATIONS

All notices given to us must be in the English Language and sent to Remit Choice Pty Ltd at 380 St Kilda Road Melbourne 3004 or to email address:  [email protected]

We may give notices to you in connection with any aspect of the Service or any order either through the e-mail address or the postal address that you provided to us or in any other way permitted pursuant the Terms.

Notices to you will be deemed received and properly served immediately after an e-mail is sent to you at the address you provided, or where a notice is sent to your postal address, three business days after the date of posting in the case of domestic notices and 6 days in the case of international mail.

 

TRANSFER OF RIGHTS AND OBLIGATIONS

We shall be entitled, without your consent, to transfer our rights and obligations under these Terms and under any Contract to any of our affiliates or to any entity or person that acquires our business. Any such transfer of rights and obligation will have effect upon notice being given to you (including notices given through the Website or the Application).

We are entitled to perform our obligations to you through subcontractors, agents and other third parties.

You may only transfer your rights and obligations under the Contract if we have agreed to this in writing.

 

WAIVER

If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any clause of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract or these Terms by law, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any term in the Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with these Terms.

 

SEVERABILITY

If any court or competent authority holds that any of the provisions of these Terms or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, that shall not affect the other terms of these Terms or the relevant Contract which will continue in full force and effect to the fullest extent permitted by law.

 

ENTIRE AGREEMENT

These Terms and any document expressly referred to in them constitute the whole agreement between us and you and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us and you relating to the subject matter hereof.

You acknowledge that, in entering into the Contract and accepting the Terms, you do not rely on, or will have no remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not expressly set out in the Terms or the documents referred to in them.

 

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We reserve the right to revise, amend or replace these Terms from time to time. The changed Terms as of the effective date as referenced in clause 22.7 will apply to any newly placed Transaction orders as of such effective date.

Changes to this Terms which are (1) more favorable to you; (2) is required by law; or (3) relates to the addition of a new service or extra functionality to the existing Service; or (4) any other change which neither reduces your rights nor increase your responsibilities, will come into effect immediately. Changes to exchange rates shall come into effect immediately without notice and you shall not have the right to object to such a change. You may always determine to cease the use of our Service upon such change.

Our Terms in force at the time that you order Service from us will have effect between you and us for the purpose of that order. We may notify you of a change to the Terms after you place an order but before we send you the Confirmation, in which case, unless you notify us within a reasonable period of time and in any event within seven days that you wish to cancel the order, the revised Terms will apply.

 

LAW AND JURISDICTION

The Terms are governed by the laws of Victoria, Australia. You and we submit to the exclusive jurisdiction of the courts of Victoria for resolution of disputes arising in relation to the Terms.

If any provision of the Terms becomes invalid, illegal or unenforceable in any respect under the law of any jurisdiction, the remainder of the Terms will not be affected.

We reserve any rights not expressly granted in the Terms.

Phone No: +61383623121

This User Agreement ("Agreement") describes the terms by which you will be bound when you use the services accessible at [www.remitchoice.com](https:// www.remitchoice.com) ("Service"). Do not use the Service if you do not agree to be bound by these terms. By using the Service, you are agreeing to the terms of this Agreement. 

 

As used throughout this Agreement, the terms "Remit Choice", "we", "us", and "our" refer to Remit Choice, Inc., a Minnesota U.S.A. corporation, together with its employees, directors, successors, and assignees. The terms "you" and "your" refer to users of the Service, whether as Senders or Recipients.

 

THE SERVICE

We recommend you use the Service to send money to friends and family and, therefore, you should not use the Service to send money to strangers.

 

The Service allows users to send international money transfers from the United States to other countries served by Remit Choice. A "Sender" uses the Service to send money and a "Recipient" receives money through the Service. A "Transaction" refers to an order to send money through the Service. The "Transaction Amount" is the amount in US dollars that the Sender provides to Remit Choice for transmittal to the Recipient. The "Payout Amount" is the amount paid out to the Recipient.

 

ELIGIBILITY FOR THE SERVICE

Age and Capacity - You must be at least eighteen (18) years old to create an account, access, or use the Service as a Sender - You must be able to form legally binding contracts under applicable law. Other restrictions may apply.

Others - You may not submit or receive a Transaction on behalf of any other person.

Residence of Minnesota and Washington States within the United States. The Service is available to residents of Minnesota and Washington states of the United States only.

Offer and Acceptance - If you submit a Transaction, you are requesting that we process your Transaction, an offer that we may accept or reject at our sole discretion.

Multiple Accounts - Senders may only have one active account. If we determine that a Sender is using multiple accounts we reserve the right to merge or terminate one or more of the accounts, limit the Sender`s use of the Service, or refuse their continued use of the Service.

 

PAYING FOR THE SERVICE

Charges (where applicable) - With each Transaction you submit you are agreeing to pay us a service fee ("Service Fee"), in addition to the Transaction Amount. Payment in US dollars is due at the time the transaction is submitted for processing. If you submit a transaction that results in us being charged NSF fees, chargeback fees, or other similar costs, you agree to reimburse Remit Choice for all such fees.

Payment - In order for us to process your transaction you authorize us to charge any of the payment instruments included in your payment profile ("Payment Instrument" includes any credit card, debit card, or bank account). If your payment fails you authorize us to re-try one or more times using the same Payment Instrument. You warrant that you are an authorized and lawful user of the Payment Instrument(s).

Other Charges - We are not responsible for fees that may be imposed by financial institutions associated with your Payment Instruments. For example, some credit card issuers may treat the use of your credit card to use the Service as a "cash advance" and may impose additional fees and interest cost for the transaction. Remit Choice is not responsible for any NSF fees, chargeback fees, or other, similar charges that might be imposed on you by your bank, credit card issuer, or other provider.

 

RECEIVING A REMITTANCE

Service Providers - We work with local banks and other third-party outlets (each, a "Service Provider") to make funds available to Recipients. As a Sender, you are appointing your Recipient as your agent for the purpose of receiving funds transmitted through the Service. We try to provide current information on our website about the location, availability, and hours of our Service Providers. However, we are not responsible for any inaccurate or incomplete information that may be posted on the website.

Verification - Recipients will be required to prove their identities before receiving funds by presenting valid identification. Also, Recipients may be required to provide a reference number or another similar identifier associated with their Transactions.

 

IMPORTANT SERVICE RESTRICTIONS

General - We may refuse any Transaction or limit the amount to be transferred, either on a per transaction or aggregated basis. These limits may be imposed on individual accounts or linked accounts. We reserve the right at any time to modify or discontinue all or any part of the Service.

Delays - Your Transaction may be delayed by our effort to verify your identity and validate your Payment Instruments and otherwise comply with laws or manage our financial risk. You may be entitled to a refund in certain circumstances and you may cancel your transaction at any time while it is pending.

Commercial Transactions - You should not use the Service to send money except to people that you know. We are not responsible for, the quality or delivery of goods or services that you pay for using the Service. You accept that using the Service to pay for goods and services is at your own risk.

Unauthorized Transactions. You may not use the Service in violation of this Agreement or applicable laws, rules or regulations. It is a violation of the Agreement to use the Service for any of the following: sexually-oriented materials or services, gambling activities, fraud, money-laundering, the funding of terrorist organizations, or the purchase or sale of tobacco, tobacco related paraphernalia, firearms, prescription drugs, or other controlled substances; or to send money to a Recipient that has violated the Agreement. If you use the Service in connection with illegal conduct, Remit Choice will report you to law enforcement.

Ineligibility - Your Payment Instrument must be issued by a U.S. financial institution. We may refuse Transactions from certain Senders and to certain Recipients that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, and such other lists as issued by different government agencies.

No Changes - We generally do not let you change the details of your Transaction once it`s submitted to us for processing. It is your responsibility to make sure your Transaction details are accurate.

Restricted Activities - In connection with your use of our website or the Service, or in the course of your interactions with Remit Choice, a user or a third party, you will not:

·         Breach this Agreement, or any other agreement between you and Remit Choice;

·         Provide false, inaccurate, or misleading information;

·         Refuse to cooperate in an investigation or provide confirmation of your identity;

·         Use an anonymizing proxy;

·         Provide yourself a cash advance from your credit card (or help others to do so);

·         Use any automatic device, or manual process to monitor or copy our website.

 

HOW AND WHY WE COLLECT PERSONAL INFORMATION

Privacy Policy - By agreeing to this Agreement, you acknowledge and consent to [Remit Choice`s Privacy Policy] (https://www.remitchoice.com/privacy).

Customer Identification Program - U.S. law requires we obtain, verify, and record information about you. We may require that you provide us with nonpublic, personal, identifying information. We may also lawfully obtain information about you from other sources without your knowledge, including non-personal identifying information that we may obtain while you visit this website. Please see our [Privacy Policy] (https://www.remitchoice.com/privacy).

Government Disclosures - We may provide information about you and your Transactions to government authorities and law enforcement agencies, as described in our Privacy Policy.

Verifying information - You authorize us to make any inquiries, to you or to others, which are necessary to validate the information that you provide to us. This may include asking you for additional information, requiring you to take steps to confirm ownership of your email address or financial instruments, verifying your information against third party databases, or through other sources.

 

ERROR RESOLUTION, CANCELLATION AND REFUNDS

Error Resolution - Let us know at any time if you have any problems with the Service. You can contact us using the contact information at the bottom of this Agreement. For more information about support visithttps://www.remitchoice.com/contact-us

 

Refunds - You can cancel your transaction at any time prior to its completion. Completion means that your recipient claimed the money you sent either through cash pick-up, home delivery, or bank account deposit. Upon receipt of a cancellation request, we may confirm with our Service Providers to determine whether the transaction has been completed prior to initiating a refund.

The Transaction Amount will not be refunded after completion. If, however, you are not satisfied with our service for any reason we will always refund the fee amount (if charged any). All refunds will be credited to the same Payment Instrument used to pay for the Transaction. Refunds are only made in U.S. dollars and will not be adjusted to account for changes in the value of the U.S. dollar or foreign currency from the time your Transaction was submitted. Please note that residents of certain jurisdictions may have certain refund rights and complaint procedures, as described here:

You, the customer, are entitled to a refund of the money to be transmitted as the result of this agreement if Remit Choice does not forward the money received from You within 2 days of the date of its receipt, or does not give instructions committing an equivalent amount of money to the person designated by You within 48 hours of the date of the receipt of the funds from You unless otherwise instructed by You. If Your instructions as to when the moneys shall be forwarded or transmitted are not complied with and the money has not yet been forwarded or transmitted, you have a right to a refund of Your money. If You want a refund, you must send an email to customer support at [email protected]

 

Washington - As a Sender located in the state of Washington, you are entitled to a refund of all moneys received for transmittal within ten days of receipt of a written request for refund unless any of the following occurs:

The monies have been transmitted and delivered to the recipient prior

to receipt of the written request for a refund;

Instructions have been given committing an equivalent amount of

money to the person designated by the customer prior to receipt of a written request for a refund;

Remit Choice, or its authorized delegate has reason to believe that a crime

has occurred, is occurring, or may potentially occur as a result of transmitting the money as requested by the customer or refunding the money as requested by the customer; or

Remit Choice is otherwise barred by law from making a refund.

 

Complaints - Although we encourage you to share with us any concerns or questions you may have about our service, including your account or a specific transaction, you may also want to contact the money transmitter licensing authority in your state.

Consumer Financial Protection Bureau Consumer Financial Protection Bureau - Website - www.consumerfinance.gov/complaint - Call (855) 411-2372 TTY/TDD: (855)729-2372

Washington Department of Financial Institutions Division of Consumer Services 360-902-8703 or 877-746-4334 P.O. Box 41200 Olympia Washington 98504

Minnesota Department of Commerce at 85 7th Place East Suite 280 ST Paul MN 55101 and phone: 651-539-1600. Consumer Financial Protection Bureau; 855-411-2371

 

REMIT CHOICE`S INTELLECTUAL PROPERTY

You acknowledge that the Service, including the content of this website, text, graphics, logos, and images, as well as all other Remit Choice copyrights, trademarks, logos, and product and service names are owned exclusively by Remit Choice, Inc. (the "Remit Choice Intellectual Property").

 

You agree not to display, use, copy, or modify the Remit Choice Intellectual Property in any manner. You are authorized solely to view and retain a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof); or (iii) infringe Remit Choice`s or any third party`s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy.

 

If you provide us with any suggestions, feedback, reviews or input (“Customer Input”) related to our Services, we (and our corporate group entities) will own all right, title and interest in and to the Customer Input, even if you have designated the Customer Input as confidential. We and our corporate group entities will be entitled to use the Customer Input without restriction, including for marketing or business purposes. You assign to us all right, title and interest in and to the Customer Input and agree to provide us with any assistance we may require to document, perfect and maintain our rights in the Customer Input. For this purpose, the word: “assign” is legal term which means legally transferring the benefit, such as you legally transferring the benefit of the Customer Input to us.

 

DISCLAIMER OF WARRANTIES

We make reasonable efforts to ensure that Transactions are processed in a timely manner, but we make no representations or warranties regarding the time needed to complete processing because the Service is dependent on many factors outside our control. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary state to state. In any event, you may have a right to a refund as expressly described herein. Consistent with federal law, if the Payout Amount is not available to the Recipient by the availability date shown on your Transaction receipt, you can use the error resolution process described in Section 7 above to notify us of the issue and you may be entitled to remedies under federal law including a refund of our Service Fee.

 

INDEMNITY

Except to the extent otherwise provided by the Electronic Fund Transfer Act and the Remittance Transfer Rule thereunder, 12 C.F.R. § 1005.30 *et seq*., you agree to indemnify and hold Remit Choice, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable attorneys` fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.

 

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL  REMIT CHOICE, SERVICE PROVIDERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES BEYOND THE SUM OF $500.00 (IN ADDITION TO REFUNDING THE TRANSACTION AMOUNT AND SERVICE FEES), INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF REMIT CHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM NEGLIGENCE ON THE PART OF REMITL CHOICE, DISBURSEMENT PARTNERS, OR THEIR RESPECTIVE SUBSIDIARIES, OFFICERS, AGENTS, PARTNERS, OR EMPLOYEES. FOR THE AVOIDANCE OF DOUBT, NOTHING IN THE PRECEDING SENTENCE LIMITS THE MONETARY REMEDIES YOU ARE OTHERWISE ENTITLED TO UNDER 15 U.S.C. § 1693m(a). 

DISPUTE RESOLUTION AND GOVERNING LAW

Governing Law. This Agreement shall be governed according to the laws of the State of Minnesota, and all activities performed in connection with the Service shall be deemed to have been performed in Minnesota. Any controversy, dispute, or claim arising out of or relating to the Service or Agreement (a "Claim") shall be governed by and construed in accordance with the Federal Arbitration Act, and the laws of Minnesota, except that body of law governing conflicts of law.

Arbitration. You and Remit Choice agree that any Claim will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court. If a party elects arbitration, that party will initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may not consolidate more than one person`s claims, and may not otherwise preside over any form of any class or representative proceeding; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You acknowledge and agree that you and Remit Choice are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

 

E-SIGN DISCLOSURE & CONSENT NOTICE

By accepting this User Agreement as indicated below, you consent to receive and view disclosures, notices, statements and other communications (collectively,

“Communications”) from Remit Choice relating to your account electronically by any of the following means:

Text to your mobile phone number associated with your account (which may include a link to Communications on our website or in our Service);

To your email associated with your account; or

Notifications from our web or mobile application.

 

Delivery by any of these means will constitute proper notice to you under applicable law. You acknowledge that Communications will include, but may not be limited to, the following:

·         Our website, Privacy Policy, or User Agreement

·         Disclosures and/or amendments we may provide you under our Legal Policies and Agreements;

·         Activity and any other information regarding your use of our Service and account;

·         Receipts, confirmations, status updates, authorizations and transaction history for your account

·         Communications regarding the resolution of any claimed errors; and

·         Communications required or permitted by law or regulation.

 

Your Right to Revoke Consent - Because we communicate electronically, you must provide your consent to receive Communications electronically in order to establish a

Remit Choice account and use our Service. You may withdraw your consent to receive all

Communications electronically by contacting our Customer Service through the Contact Us page on our website. If you fail to provide, or if you withdraw, your consent to receive Communications electronically, we will decline to establish an account for you, or we will terminate, suspend or decline to provide the Service, unless you are entitled by applicable law to receive non-electronic Communications.

 

HARDWARE & SOFTWARE REQUIREMENTS

In order to receive Communications, whether by text or email, you need to have a means of printing or storing them. So, in addition to having an email address and phone number you must have the following:

 

·         Computer or mobile device with Internet connection;

·         A current web browser with cookies enabled;

·         A valid email address on file in your account;

·         Ability to store or print the Communications; and

·         We reserve the right to change these System Requirements and will provide you with a Communication when we make a material change to the System Requirements.

 

Receiving Texts and emails - In order to receive Communications, you must ensure that the primary mobile phone and/or email address that you provide us is your valid, current phone number or email address, and you are able to receive at that address texts or email messages containing Communications including attached electronic documents and that such Communications, including portions that are attached documents are available for viewing and storing or printing by you. You agree to promptly update your email address by updating your account if your email address changes. You acknowledge that our ability to notify you of the availability of your Communications is contingent on the validity of mobile phone number and email address in our records.   You understand and agree that if we send you a Communication and you are unable to receive the Communication because you provided inaccurate or blocked contact information or if the Communication is otherwise unavailable to you, we will deem such Communication provided to you.  However, if your mobile phone or email address is no longer valid, we reserve the right to determine your account is inactive or take other actions as set forth in this Agreement. You will not be able to conduct any transactions in your account until you update your mobile phone or email address in your account.

 

Reservation of Rights - The Service does not allow for Communications to be provided in paper format or through other non-electronic means. However, we reserve the right to provide you with any Communication in writing, rather than electronically. You agree to maintain on file with us your current street address and to promptly update your address in the event it changes by updating your account. Although we may waive our fee for delivery of paper Communications, we reserve the right to charge a Communication request fee and to increase this fee in our discretion.

 

Print Disclosures - We recommend that you print a copy of this Agreement and any Communication that you view electronically for your records as the Communication may not be accessible online at a later date.

 

Your Consent - By clicking on the “Next”, “Send Money”, “Sign Up” or “Join Now” button in our sign up flow, which you adopt as your electronic signature, you agree that (i) we may provide Communications to you electronically, on the terms and conditions set forth in this Agreement (ii) the consent shall last until you revoke your consent, and (iii) you meet the System Requirements specified above. If you do not wish to receive Communications electronically, you will not be able to open an account with us to use our Service.

 

General - You understand and agree that we are responsible for sending the Communications to you electronically by email or text to the address in your Account profile or through the Service. We are not responsible for any delay or failure in your receipt of the email or text notices and whether or not you choose to view the Communication, subject to your right to revoke your consent to receive Communications electronically.

 

MISCELLANEOUS

Third party websites links and content. Any external links to third-party websites or third party content on our website are provided as a convenience to you and does not imply Remit Choice `s endorsement of the third-party website or content. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.

Entire Agreement - The Agreement constitutes the entire agreement between you and Remit Choice and governs your use of the Service, superseding any prior agreements between you and Remit Choice.

No Waiver - The failure of Remit Choice to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Agreement as reflected in the provision, and the other provisions of the Agreement shall remain in full force and effect.

Force Majeure - We shall not be liable for any failure or delay in the performance of the Service to the extent such failure or delay is caused by matters beyond our reasonable control, including, without limitation: changes in applicable laws; closure or unavailability of required physical and network infrastructure; sovereign default; power or internet failure; civil unrest; war; and earthquake, fire, flood, or other natural disasters.

Modification - We may modify this Agreement from time to time without notice to you, except as may be required by law. You can review the most current version of the Agreement at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Agreement and acknowledge that any attempts by you to modify this Agreement shall be void.

Other Terms - This Agreement may be supplemented by terms applicable to other promotions, our Referral Program, and other terms applicable to you based upon your use of the Service. These terms are incorporated into this Agreement by reference. To the extent that any of these terms are determined to be in conflict with this Agreement, this Agreement shall control.

 

SECURITY

Your security is very important to Remit Choice, and we use a variety of security measures to make sure that your information is secure. We urge you to think carefully before sending money to anyone that you do not know well. In particular, you should be cautious of deals or offers that seem too good to be true. If you think you have been or might be a victim of fraud, please contact us immediately by telephone at +12024991495 (outside the United States, call +441144300131 

If you are aware of anyone or any entity that is using the Service inappropriately, please email us at ([email protected]). If you receive any fake (phishing) emails, purporting to be from Remit Choice, please forward them to us at [email protected].

 

LANGUAGE

This Agreement is drafted in the English language and translations may be provided in other languages. You agree that the English version of the Agreement will control in the event of any inconsistency between the English and translated versions in any dispute related to this Agreement.

 

CONTACT INFORMATION

Questions, notifications, and requests for refunds or further information can be sent to Remit Choice, as follows:

By visiting website: www.remitchoice.com/contact-us

By email at: [email protected]

By telephone at: +12024991495 (outside the United States, call +441144300131)

By mail/post to: Remit Choice Inc., 7400 Metro Blvd #427 Edina MN 55439

 

NOTES

The Terms & Conditions below are in effect for all Remit Choice Limited transactions and registrations. The Terms and Conditions set forth below describe the Terms & Conditions that apply to and govern your access of the Remit Choice website, mobile phone application and services (as defined below). Do not use or access the Remit Choice website, mobile phone application or services if you do not agree to be bound by such Terms & Conditions.

 

The Remit Choice service is Registered in New Zealand by Remit Choice Limited, a registered company in New Zealand under NZ Company No: 8324881 and a Registered financial services provider – FSP1003075. As the contractual supplier of the Remit Choice service, the service is arranged by Remit Choice Limited in conjunction with Remit Choice Limited the parent company registered in the UK under Company Registration number: 11770361. Remit Choice Limited is also authorized and regulated by the Financial Conduct Authority (FCA); Registration number: 949756.

 

CONTRACT FORMATION AND OVERVIEW

1.1 These Terms and Conditions govern the terms under which you may access and use this website, mobile phone application and the services associated with it (together, the "Service"). By accessing, registering with and using the Service, you agree to be bound by the terms of the Terms and Conditions. If you do not wish to be bound by the Terms and Conditions do not access, register with or use the Service. The language of these Terms and Conditions is English and all Services, instructions and transactions carried out in connection with it shall be in English.

1.2 In these Terms and Conditions, the terms "Remit Choice", "we", "us", and “our" refer to Remit Choice, together with its employees, directors, affiliates including the Remit Choice Limited entity, successors, and assigns. Remit Choice Limited is a company incorporated in the United Kingdom (Company No. 11770361) with its registered office at First Floor Unit 7 21 Attercliffe Road, Twelve O’clock Court, Sheffield, South Yorkshire, United Kingdom, S4 7WW. It is also registered with the Financial Conduct Authority (FCA) having registration number 949756.

1.3 The terms "you" and "your" refer to users of the Service, whether in their capacity as Senders, Recipients, or visitors to this website.

1.4 These Terms and Conditions may change from time to time, but changes will only be effective from the date they are made and will not change the terms on which you previously used the Service.

1.5 The Service was created to assist customers to send money to their family and friends, and to receive money from family and friends, around the world. For security reasons, we recommend that you only send money through the Service to people you know personally. You must not use the Service to send money to strangers for example sellers of goods and/or services, private or retail.

 

DEFINITIONS

In this Terms and Conditions:

"Destination Country" means the country in which the Recipient receives money through the Service.

"Local Taxes" means any taxes or charges payable in the Destination Country.

"Payment Instrument" means a valid instrument of payment such as a bank account, debit card or credit card.

"Payout Amount" means the amount paid out to the Recipient, after any foreign exchange conversion and excluding Local Taxes.

"Recipient" means someone who receives money through the Service.

"Sender"means someone who uses the Service to send money.

"Service Fee" means the fee plus any additional charges applicable to each Transaction.

"Service Provider" means a local bank, money exchange house, or other third-party service providers in the Destination Country with whom Remit Choice works in providing the Service.

"Transaction" means a specific instruction to send money through the Service.

"Transaction Amount" means the amount of money that the Sender wishes to send to the Recipient, excluding any applicable fees and prior to any foreign exchange conversion. 

 

OUR OBLIGATIONS

3.1 Subject to these Terms and Conditions, we agree to provide the Service to you using reasonable care. The Service may not be available in whole or in part in certain regions, countries, or jurisdictions.

3.2 We are not obliged to process any particular Transaction. When you submit a Transaction, you are requesting that we process the Transaction on your behalf. We may, in our sole discretion, choose whether or not to accept the offer to process that Transaction. However, if we decide not to process the Transaction, we will notify you promptly of that decision and repay the money paid to us.

3.3 Remit Choice reserves the right to modify or discontinue the service or any part of the Service without notice, at any time and from time to time. We may, in our absolute discretion, refuse any Transaction or limit the amount to be transferred, either on a per transaction basis or on an aggregate basis, and either on individual accounts or on related accounts.

3.4 We may, in our sole discretion, refuse Transactions from certain Senders or to certain Recipients, including but not limited to entities and individuals on restricted or prohibited lists issued from time to time by the NZ Government. In addition, not all Payment Instruments are available to all customers at all times and we may, in our sole discretion, refuse Transactions funded from certain Payment Instruments.

3.5 We will attempt to process Transactions promptly, but any Transaction may be delayed or cancelled for a number of reasons including but not limited to: our efforts to verify your identity; to validate your Transaction instructions; to contact you; or otherwise to comply with applicable law; or due to variations in business hours and currency availability.

3.6 We will attempt to provide Senders and Recipients with up to date information regarding the location and opening hours of our Service Providers by means of information on our website. However, you agree that Remit Choice shall not be held responsible for any inaccuracies that may appear in that information or any consequential loss which may result from incorrect or incomplete information.

 

YOUR OBLIGATIONS

You agree that:

4.1 you will not access, use or attempt to use the Service as a Sender unless you are at least 18 years old and that you have the legal capacity to form a binding legal contract in the relevant jurisdiction;

4.2 for each Transaction that you submit, you will pay us the Service Fee in addition to the Transaction Amount. Payment becomes due at the time that you submit your Transaction. If you submit a Transaction that results in Remit Choice becoming liable for charges including but not limited to chargeback or other fees, you agree to reimburse us for all such fees;

4.3 in connection with your registration and use of the Service, you will:

4.3.1 provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes;

4.3.2 provide our merchant with details of one or more Payment Instruments; and

4.3.3 provide us with true, accurate, current and complete information for all Transactions.

We do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a Recipient or failure to perform a transaction under the Service by reason of any of these matters.

4.4 when you pay for a Transaction in one currency and the Recipient is paid in another currency, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. Remit Choice and its Service Providers usually make a small profit in these circumstances. If such account is denominated in another currency the amount to be received by the Recipient will be reduced by the amount of extra charges incurred by reason of the incorrect information given by you and we will have no obligation to make good such reduction;

4.5 when you are sending money under these Terms and Conditions, it is your responsibility to make sure all the Transaction details are accurate before submission. Once a Transaction has been submitted for processing it is not normally possible to change any of its details. You will be given the opportunity to confirm Transactions before submission and you must check the details carefully.

4.6 Remit Choice will have no responsibility for any fees or charges you may incur by the use of a particular Payment Instrument to fund a Transaction. These may include but are not limited to unauthorized overdraft fees imposed by banks if there are insufficient funds in your bank account or "cash advance" fees and additional interest which may be imposed by credit card providers if they treat use of the Service as a cash transaction rather than a purchase transaction;

4.7 you will only use the Service to send money to people that you know personally and not to pay for goods or services. If, in breach of this clause, you choose to pay third parties for goods and services using the Service, you acknowledge that Remit Choice has no control over, and is not responsible for, the quality, safety, legality, or delivery of such goods or services and that any such use of the Service is entirely at your own risk. If Remit Choice reasonably believes you are using the Service to purchase goods or services, we reserve the right to cancel your Transaction(s);

4.8 both you and the Recipients will only act on your own behalf. You may not submit or receive a Transaction on behalf of a third person. If you intend to submit or receive a Transaction on behalf of a company, business or any entity other than a human individual, you must first inform Remit Choice of your desire to do so and provide us with any additional information about the entity we may request in order that we may decide whether to permit the Transaction;

4.9 in using the Service you will comply with these Terms and Conditions as well as any applicable laws, rules or regulations. It is a breach of these Terms and Conditions to use the Service to send money (i) to a Recipient who has violated the Terms and Conditions, or (ii) in connection with illegal activity including without limitation money-laundering, fraud and the funding of terrorist organizations. If you use the Service in connection with illegal activity, Remit Choice may report you to the appropriate legal authorities;

4.10 when using our website, mobile phone application or the Service or when interacting with Remit Choice, with another user or with a third party, you will not:

4.10.1 breach this Terms and Conditions, or any other agreement between you and Remit Choice;

4.10.2 open more than one account, without our prior written permission;

4.10.3 provide false, inaccurate, or misleading information;

4.10.4 allow anyone else access to your registration details, and will keep those details secure;

4.10.5 refuse to provide confirmation of any information you provide to us, including proof of identity, or refuse to co-operate in any investigation;

4.10.6 use an anonymizing proxy (a tool that attempts to make activity untraceable); or

4.10.7 copy or monitor our website using any robot, spider, or other automatic device or manual process without our prior written permission.

4.11 Remit Choice may, as necessary in providing the Service, store all information required of a Recipient to prove his or her identity or associated with their specific Transaction. Such proofs may include a suitable form of valid, unexpired identification from a list of acceptable papers provided by the Service Provider, and/or a Transaction tracking number, a personal identification number (PIN), a "password", a "secret word", or other similar identifiers.

 

CANCELLATION AND REFUNDS

5.1 If you have any problems using the Service you should contact us through the channels listed at the end of this Terms and Conditions.

5.2 You have the statutory right to cancel your agreement with us after you have submitted a Transaction. This right of cancellation continues until fourteen days after you have submitted the transaction, or until we have completed the contract by paying the Payout Amount to the Recipient, whichever is the earlier. If you exercise your right to cancel under this clause, we may make a cancellation charge.

5.3 If you wish to exercise your right to cancel under this clause, you must submit a written request to one of the contact points listed at the bottom of this Terms and Conditions, giving the Sender`s full name, address, and phone number, together with the Transaction tracking number, Transaction Amount, and the reason for your refund request.

5.4 Any refunds will be credited back to the same Payment Instrument used to fund the Transaction and in the same currency. No adjustment will be made for any currency fluctuations which may have occurred in the meanwhile.

 

COLLECTION OF INFORMATION

6.1 Customer Identification Program. NZ law requires all financial institutions to assist in the fight against money laundering activities and the funding of terrorism by obtaining, verifying, and recording identifying information about all customers. We may therefore require you to supply us with personal identifying information and we may also legally consult other sources to obtain information about you.

6.2 Verification and Checks. We will verify your residential address and personal details in order to confirm your identity. We may also pass your personal information to a credit reference agency, which may keep a record of that information. You can be rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the applicable AML/CFT laws and Privacy Act 1993.

6.3 By accepting these Terms and Conditions you authorize us to make any inquiries we consider necessary to validate the information that you provide to us. We may do this directly, for example by asking you for additional information, requiring you to take steps to confirm ownership of your Payment Instruments or email address; or by verifying your information against third party databases; or through other sources.

6.4 Data Privacy Policy. You consent to our processing your personal information for the purposes of providing the Service, including for verification purposes as set out in this clause. You also consent to the use of such data for communicating with you, and for statutory, accounting and archival purposes.

6.5 Government Disclosures. We may be required by law to provide information about you and your Transactions to government or other competent authorities as described in our Data Privacy Policy. You acknowledge and consent to our doing this.

 

INTELLECTUAL PROPERTY

7.1 The Remit Choice website, Remit Choice mobile phone application and Remit Choice Service, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Remit Choice Online Site and the Remit Choice Online Service shall remain our property and/or the property of such other third parties.

7.2 The Remit Choice website and the Remit Choice Service may be used only for the purposes permitted by these Terms and Conditions or described on this website. You are authorized solely to view and to retain a copy of the pages of the Remit Choice website for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the internet, or in any way distribute or exploit the Remit Choice website, the Remit Choice Service or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Remit Choice website or the Remit Choice Service; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Remit Choice website (or printed pages of the website). The name Remit Choice and other names and indicia of ownership of Remit Choice`s products and/or services referred to on the Remit Choice website are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the website may be trademarks of their respective owners.

 

WARRANTIES AND LIABILITY

8.1 We will refund to you any benefit which we receive as a result of any breach of our agreement with you (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the Transaction Amount and the Service Fee).

8.2 If a money transfer is delayed or fails, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. We will provide you with the details of your rights to a refund or compensation if you contact us using the contact details at the end of this agreement.

8.3 Any claim for compensation made by you and/or a Recipient (who is not registered with us) must be supported by any available relevant documentation.

8.4 If any loss which you or a Recipient (who is not registered with us) suffers is not covered by a right to payment under the laws referred to in clause 8.2, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any service charge; and (b) NZD$200, unless otherwise agreed by us in writing. Our cap on our liability only limits a claim for loss arising out of any single transaction or related transactions, or (if a loss does not arise out of a transaction or transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated transactions, you may be able to claim up to NZ$500.00

8.5 We do not, in any event, accept responsibility for:

8.5.1 any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control;

8.5.2 Any malfunction in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;

8.5.3 any losses or delays in transmission of messages arising out of the use of any internet service provider or caused by any browser or other software which is not under our control; 8.5.4 errors on the website or with the Service caused by incomplete or incorrect information provided to us by you or a third party.

8.6 Nothing in this clause 8 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud.

8.7 Where you are sending a money transfer to a Recipient who is not registered with us, you agree to accept the provisions of this clause 11 not only for yourself, but also on behalf of the Recipient.

8.8 Your relationship is with Remit Choice only. You agree that no affiliate or agent of Remit Choice owes you any duty of care when performing a task which would otherwise have to be performed by Remit Choice under its agreement with you.

8.9 You agree to indemnify and hold harmless Remit Choice, our subsidiaries, affiliates, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from all loss, damage, claims, actions or demands, including reasonable legal fees, arising out of your use or misuse of this website or Service, all activities that occur under your password or account e- mail login, your violation of this Terms and Conditions or any other violation of the rights of another person or party.

 

ELECTRONIC COMMUNICATIONS

9.1 You acknowledge that this Terms and Conditions shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:

9.1.1 This Terms and Conditions and any amendments, modifications or supplements to it.

9.1.2 Your records of transactions through the Service.

9.1.3 Any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by law.

9.1.4 Any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of the Service.

9.1.5 Any other communication related to the Service or Remit Choice.

9.2 The Service does not allow for Communications to be provided in paper format or through other non-electronic means. You may withdraw your consent to receive Communications electronically, but if you do, your use of the Service shall be terminated. In order to withdraw your consent, you must contact us using our contact information at the end of this Terms and Conditions.

 

TERMINATION

10.1 Either party may terminate this Terms and Conditions on one day`s written notice.

10.2 We may terminate this Terms and Conditions with immediate effect if you:

10.2.1 become, or are likely to become, insolvent or are declared bankrupt;

10.2.2 are in breach of any provision of this Terms and Conditions;

10.2.3 your use of the Service or the website is disruptive to our other customers, or you do anything which in our opinion is likely to bring us into disrepute;

10.2.4 breaches or attempts to breach the security of the website (including but not limited to: modifying or attempting to modify any information; unauthorized log-ins, unauthorized data access or deletion; interfering with the service, system, host or network; reverse engineering of any kind; spamming; hacking; falsifying data; introducing viruses, Trojan horses, worms or other destructive or damaging programs or engines; or testing security in any way);

 

COMPLAINTS

11.1 If you wish to make a complaint about any aspect of the Remit Choice service, please send your complaint at the details mentioned in the Contact Us page.

Please refer to the Privacy Policy for more information.

We will do our very best to acknowledge receipt of your complaint within 2 business days of receipt. We will investigate your complaint and come back to you with the results of our investigation and conclusion no later than within 7 business days of receipt of your complaint. If you are not satisfied with the manner in which we have dealt with your complaint, or the outcome/resolution, then you may refer the matter to the Financial Dispute Resolution Scheme:

By mail 142 Lambton Quay Wellington, City, Wellington 6011, New Zealand

By phone 0508 337 337

By email: [email protected]

Online: http://www.fdr.org.nz/making-complaint/make-complaint

 

GENERAL

12.1 Governing law: this Agreement will be governed with the laws in New Zealand and the parties submit to the exclusive jurisdiction of the New Zealand Courts.

12.2 No Waiver: The failure of Remit Choice to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.

12.3 Modification: We may modify this Terms and Conditions from time to time without notice to you, except as may be required by law. You can review the most current version of the Terms and Conditions at any time by reviewing this website. You may terminate your use of the Service if you do not agree with any modification or amendment. If you use the Service after the effective date of an amendment or modification, you shall be deemed to have accepted that amendment or modification. You agree that you shall not modify this Terms and Conditions and acknowledge that any attempts by you to modify this Terms and Conditions shall be void.

12.4 Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements relating to the subject matter of this agreement.

12.5 Severability: If any provision of the Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give appropriately valid effect to the intention of the Terms and Conditions as reflected in the provision, and the other provisions of the Terms and Conditions shall remain in full force and effect.

12.6 Any external links to third-party websites on the website are provided as a convenience to you. These sites are not controlled by us in any way and we are not responsible for the accuracy, completeness, legality or any other aspect of these other sites including any content provided on them. You access such websites at your own risk.

 

Security

We take security very seriously at Remit Choice, and we work hard, using state-of-the-art security measures, to make sure that your information remains secure. The Remit Choice Service is a safe and convenient way to send money to friends and family and to other people that you trust. However, we do advise you to consider very carefully before sending money to anyone that you do not know well. In particular, you should be very cautious of deals or offers that seem too good to be true - they may be scams. If you are aware of anyone or any entity that is using the Service inappropriately, please email us using our contact form. Similarly, if you receive any emails, purporting to be from Remit Choice, which you suspect may be "phishing" (fake) emails, please forward them to us using our contact form.

 

Contact Information

Questions, notices, and requests for refunds or further information should be sent to Remit Choice, as follows contact form.

Phone No: +6444880277

 

INTRODUCTION

These Terms and Conditions (the “Terms and Conditions”) are offered by UAB REMIT CHOICE LIMITED, a company incorporated in the Republic of Lithuania with registered number 304861465, whose registered address is at Juozapavi?iaus g. 9A-100A, Vilnius, Lithuania and having a payment institution license No LB000498 issued by the Bank of Lithuania on 25-04-2019, authorizing us to provide Our Service and trading under the name `Remit Choice` (hereinafter “Remit Choice” "we”, “our” or “us”). Other our contact details are provided in clause 25 of these Terms and Conditions.

Bank of Lithuania is the supervisory authority of our licensed activities. Contact details of the Bank of Lithuania are the following:

Address: Gedimino ave. 6, Vilnius, LT-01103, Lithuania

Telephone number: +370 800 50 500

E-mail: [email protected]

 

It is important that you to read and understand these Terms and Conditions before you accept them. The Terms and Conditions are applicable to and are available on the Remit Choice Money Transfer mobile application managed by Remit Choice and/or any other company within Our Group (the “Remit Choice Money Transfer App”). Terms and Conditions explain your responsibilities to us and our responsibilities to you, including the extent of our liability to you.

 

BY COMPLETING AND CONSENTING TO THE INFORMATION REQUIRED TO MAKE A PAYMENT TRANSACTION AND BY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. PLEASE DO NOT USE ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS ARE A LEGALLY BINDING AGREEMENT AND IT IS IMPORTANT THAT YOU TAKE THE TIME TO READ THEM CAREFULLY. AS YOUR ACTIONS BY INITIATING A PAYMENT TRANSACTION ARE CONSIDERED A ONE-TIME (SINGLE) TRANSACTION, YOU WILL BE REQUESTED TO ACCEPT THE APPLICABLE VERSION OF OUR TERMS AND CONDITIONS EACH TIME YOU INITIATE A PAYMENT VIA OUR PLATFORM.

CONSUMER FRAUD ALERT: WIRING MONEY IS JUST LIKE SENDING CASH. PROTECT YOURSELF FROM FRAUD BY SENDING MONEY ONLY TO PERSONS YOU KNOW OR CAN OTHERWISE VERIFY TO BE TRUSTWORTHY. IF YOU BELIEVE YOU ARE THE VICTIM OF FRAUD OR A SCAM, PLEASE CONTACT US IMMEDIATELY AT +37052075832 OR BY EMAIL AT [email protected] AND CONTACT YOUR LOCAL LAW ENFORCEMENT AUTHORITIES.

 

OVERVIEW

These Terms and Conditions govern the provision of Our Services, consisting of the execution of Payment Transaction ordered by you through the Remit Choice Money Transfer App. These Terms and Conditions shall apply to your use of Remit Choice Money Transfer App where you instruct us to perform, and we agree to perform for you Our Services, including all content, functionality and services offered through it.

Our obligations under these Terms and Conditions are conditional upon our acceptance of you as a user (our customer), which is at our sole discretion and we reserve the right to decline to provide Our Services to you without specifying a reason. You must promptly provide all information and documentation which we may request from you at any time to enable us to comply with any legal requirements on us relating to Our Services, including as may be required by anti-money laundering and anti-terrorist financing regulations, and you consent to us contacting you for these purposes.

Under these Terms and Conditions, you will be provided only with a Money Remittance service. No payment account will be opened for you.

 

DEFINITIONS

The following terms used throughout these Terms and Conditions in capital letters shall have the meaning and scope indicated below:

“Bank Card” means a Visa or MasterCard credit card, or a debit card held by you. "Business Day" means Monday to Friday, excluding public holiday days in Lithuania.

"Card Issuer” means the issuer and owner of a Bank Card.

“Money Remittance” means a payment service where funds are received from you, without any payment account being created with us in your name or the Recipient’s name, for the sole purpose of transferring these funds to the Recipient or another payment service provider acting on behalf of the Recipient and (or) when such funds are received on behalf of and made available to the Recipient.

“Our Group” is defined in clause 20 below.

"Our Services" means the Money Remittance service which we provide to you.

"Paying Agent" means a natural person or a legal entity acting as a third-party provider of payment services or our agent acting who pays out funds to the Recipient in the destination country identified by you in the Payment Order initiated by you while using Our Services.

"Payment Order" means all instructions submitted by you to us requesting the execution of a Payment Transaction.

"Payment Transaction" means the transfer of funds to a Recipient initiated by you while using Our Services.

"Recipient" means the individual designated by you as the receiver of the Payment Transaction, who is acceptable to us and who receives the money transfer via a designated Paying Agent or by bank transfer to the bank account of such designated individual.

"Remit Choice Money Transfer App" is defined in the paragraph headed ‘Introduction’ above.

Other terms used throughout these Terms and Conditions are defined in the below text.

 

FORMATION OF CONTRACT

Each Payment Transaction which we perform for you is a separate contract which incorporates the Terms and Conditions that are valid at the moment when your Payment Transaction is initiated. You shall inform the Recipient of the Payment Transaction accordingly.

Upon your separate request, we will provide you with a copy of the Terms a?nd Conditions relevant for your executed Payment Transaction by e-mail or by placing them within your account in the Remit Choice Money Transfer App. This will be done free of charge.

CHANGES

We may amend the Terms and Conditions from time to time, for example in order to comply with changes in the law or regulatory requirements or due to changes in market conditions. Therefore, in the event you intend to initiate multiple Payment Transactions while using Our Services over the course of time, please consider that the Terms and Conditions might have changed from the last time you transacted with us and, therefore, you should read the Terms and Conditions prior to initiating any additional Payment Transactions.

 

You will be able to find updated Terms and Conditions, after your first Payment Transaction is initiated, on the Remit Choice Money Transfer App. Such updates will not oblige you and will not replace your duty to read and confirm the applicable Terms and Conditions prior to initiating each new Payment Transaction which will be made available to you on the Remit Choice Money Transfer App.

 

Changes that we make to these Terms and Conditions will normally only apply to Payment Orders entered into after the date the revised Terms and Conditions become effective, but will also apply to Payment Orders entered into before such date where we are required to do so by law or regulatory requirements. In any event, and for the avoidance of doubt, the updated version of the Terms and Conditions shall supersede the previous version.

 

We do not guarantee that the Remit Choice Money Transfer App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Remit Choice Money Transfer App for business and operational reasons. We will try to give you reasonable notice (for example, by posting a message on the Remit Choice Money Transfer App or by sending an email to the email address last provided by you) of any scheduled suspension or withdrawal.

 

ACCESS TO OUR SERVICES

By using the Remit Choice Money Transfer App, you represent and warrant that you are 18 years or older and of legal age to enter into a binding contract with us. If it comes to our attention through reliable means that you are under 18 years of age, we will cancel your account (profile) and, to the extent allowed by applicable laws, we will delete all your information from our system and records, except to the extent that it is required to be stored by us under the applicable legal acts.

 

You must have a valid user account in order to use Our Services (“user account”). You can apply through the Remit Choice Money Transfer App to establish a user account by entering your personal information and a password, and confirming your acceptance of the Terms and Conditions. If we accept your application, we will establish your user account and activate it for use to access Our Services, subject to the limitations set forth in the Terms and Conditions. All information that you provide will be stored in your user account and maintained by us and/or certain companies engaged by us or our Group to provide Our Services. Having the user account does not oblige you to use any of Our Services or to perform any other regular action or checks. You have a right to delete the user account anytime you want. Your user account serves only for your own benefit of making Our Services more comfortable for your use, as well as a tool which allows us to re-match your previous data with the new use of Our Services.

 

You will be able to access Our Services via the Remit Choice Money Transfer App by correctly entering your username and password (together your “User ID”). Your User ID is strictly confidential, personal and non-transferable. It is your responsibility to ensure you keep your User ID and any other security features associated with your access to the Remit Choice Money Transfer App (including any Payment Order details) safe and secure. NEVER SHARE YOUR USER ID WITH ANYBODY, DO NOT WRITE IT DOWN ANYWHERE AND DO NOT GIVE ANY ACCESS TO THE REMIT CHOICE MONEY TRANSFER APP TO ANYONE! If you become aware or have any suspicion that your User ID is no longer confidential or has been compromised in any way, if you lost your mobile phone and suspect that anyone has obtained access to your user account and Remit Choice Money Transfer App, you must contact us immediately at the corresponding Customer Support email [email protected]  or phone number +37052075832. Any undue delay in contacting us may affect the security of Our Service and/or result in you being liable for any losses.

 

Once you have informed us of the unauthorized use of your User ID or Remit Choice Money Transfer App, we will take all necessary action to prevent any further use of your user account with this information. We will inform you of such steps after having taken them and provide the reasons for taking such steps unless we are prevented from doing so for legal reasons. Taking these steps do not make us liable for any loss or damage caused as a consequence of your failure to comply with your duties under the Terms and Conditions. However, we may have limited ability to prevent unauthorized use of your Bank Card linked with your user account and to ensure maximum safety you should always contact the Bank Issuer that issued the Bank Card to you as well. Subject to the applicable laws and regulations, you will be responsible for damages caused to us as a consequence of the unauthorized use of your User ID. We reserve the right to disable your User ID at our sole discretion for any or no reason, including if, in our opinion, you have failed to comply with any provision of the Terms and Conditions.

 

REQUIRED HARDWARE AND SOFTWARE

You acknowledge that certain software and equipment used by you may not be capable of supporting our software and that as a result you may not be able to use Our Services. You should save the notices, disclosures and statements we send to you electronically.

To access and keep notifications, disclosures and statements which are provided electronically, you must have:

(i) A device which operates on a platform with the quality of the Android or iOS environment, or higher

(ii) An internet connection

(iii) A current version of Android 5.0 (or higher) or iOS 11.0 (or higher)

(iv) A device and operating system capable of supporting all of the above

We reserve the right to discontinue support of any software if, in our opinion, it suffers from a security or other flaw that makes it unsuitable for use with Our Services.

We are not responsible for the content, policies, goods or services of any other persons or websites linked to or accessible via the Remit Choice Money Transfer App. The existence of any link to any other mobile application or website does not constitute an endorsement of, or association with, any such mobile application, website or any person operating any such mobile application or website. Any reliance on any content, policies or services of any other persons or websites is at your sole risk. Any queries, concerns or complaints concerning such mobile applications or websites should be directed to the persons responsible for their operation.

 

ISSUE OF PAYMENT ORDERS

Subject to the Terms and Conditions you will be able to use Our Services by logging into the Remit Choice Money Transfer App and within the Remit Choice Money Transfer App giving us your Payment Orders.

Each Payment Order must include such information as we determine from time to time for the Payment Order to be executed by us, including (without limitation) the following information:

Name and other details (e.g. in some cases address, date of birth) identifying the Recipient.

Destination country of the Payment Transaction.

Amount and currency of the Payment Transaction.

In case of a Payment Transaction to a Recipient’s bank account, the IBAN code (International Bank Account Number) when such bank account has an IBAN code, or the bank account code as corresponds in each case.

In those cases where funds should be received by the Recipient at a specific location of the Paying Agent, the relevant address required to identify the pickup location of the Paying Agent.

Once you enter the above information, you will be required to authenticate the Payment Order by means required by your Card issuer and by us.

We will only accept a Payment Order which is given to us through the Remit Choice Money Transfer App. Your instruction to perform a Payment Transaction will be treated by us as your consent for us to proceed with, and our authorization to perform, that Payment Transaction.

We accept payment by Bank Card as the designated method of payment to us for the execution of your Payment Transaction and the customer fee we charge for the Payment Transaction. You must:

(i) authorize your Card Issuer to transfer the funds required by us for the Payment Transaction so that: (a) such funds are charged to the account linked to your Bank Card; and (b) we receive an authorization from the Card Issuer and subsequently receive the funds required by us to proceed with the Payment Order;

(ii) ensure that your method of payment has sufficient funds or credit available and received by us in time to enable us to proceed with the Payment Order;

(iii) ensure that we have received the funds we tell you are required to proceed with the Payment Transaction before we execute your Payment Order. This sum must be immediately available to us in cleared funds and made by your Bank Card. We do not provide credit and are not able to advance any funds to cover any part of your Payment Transaction.

Your Card Issuer and/or your bank or credit institution will also have terms and conditions that apply to your use of your Bank Card or bank account to which the Bank Card is linked and you must refer to such agreement(s) when making the funds required for the Payment Transaction to proceed as such terms and conditions may include the application of fees and charges and other provisions imposed by your Card Issuer and/or your bank or credit institution.

 

PAYMENT TRANSACTION EXECUTION

Our Services provide various options by which a Payment Transaction is received, including cash at a Paying Agent or direct transfer to a bank account of the Recipient.

General provisions applicable to each Payment Transaction

Once a Payment Order is received by us, it shall be irrevocable (except to the extent that it may be withdrawn by you as set out in clause 17). A Payment Order is deemed to have been received at the point in time that we record in our systems that it has been actually received. If we execute a Payment Order based on incorrect details provided by you (e.g. incorrect IBAN for the Recipient’s bank account), the Payment Order will be deemed executed properly and we shall not be liable for any losses incurred. Even though we shall not be held liable for the execution of the Payment Order based on the incorrect data provided by you, we shall undertake all reasonable measures to track the executed payment operation and shall undertake reasonable efforts in an effort to recover the funds. To the extent allowed under applicable laws, all information held by us necessary to track the executed payment operation shall be provided to you in order to assist you with directly contacting the person who received the payment instead of your intended Recipient.

Once a Payment Order has been received and executed by us in accordance with the Terms and Conditions, we shall provide you with the following information, without any undue delay, in electronic format via the Remit Choice Money Transfer App:

A reference number enabling you to identify the Payment Transaction and the Recipient.

The amount of the Payment Transaction stated in the currency used in the Payment Order.

Confirmation of any customer fees and/or costs related to the Payment Transaction that you must pay to us.

The exchange rate used by us to execute the Payment Transaction and the amount of the Payment Transaction after this currency conversion.

The date we received the Payment Order.

If a Payment Transaction is not paid to a Recipient within 30 days (depending on the relevant Paying Agent involved in the Payment Transaction), we will automatically cancel the Payment Transaction and notify you accordingly. Thereafter, the funds comprising the Payment Transaction will not be available for collection by the Recipient and will be held by us on trust until we are able to reimburse the same to you (which shall be via the same payment method you used to fund the Payment Transaction).

 

COLLECTION OF A PAYMENT TRANSACTION VIA A PAYMENT AGENT

Subject to applicable laws, we shall proceed with the execution of the Payment Order and make funds available to the Recipient at the latest by the end of the Business Day following the Day of Receipt.
For regular Payment Transactions, the funds are normally available for collection within a few minutes, subject to the business hours of the respective Paying Agent, where applicable. For some countries, Our Services may be delayed or other restrictions may apply. If you require further information, please contact our customer service team, the contact details of whom are in clause 25 of the Terms and Conditions.
To collect a Payment Transaction from a Paying Agent, the Recipient must provide all details about the Payment Transaction required by us (“Collection Details”). The Recipient must also provide photographic evidence of identity (e.g. passport, ID card). The acceptable forms of evidence of identity differ depending on the country in which the funds are to be collected. You remain ultimately responsible for the submission of the Collection Details to the Recipient.

YOU MUST NOT GIVE ANY OF THE COLLECTION DETAILS (REDACTED OR OTHERWISE) TO ANYONE OTHER THAN YOUR CHOSEN RECIPIENT. YOU MUST ALSO DO ALL YOU REASONABLY CAN TO ENSURE THAT NO ONE, OTHER THAN YOUR CHOSEN RECIPIENT, CAN OBTAIN THE COLLECTION DETAILS OR ANY PART OF THEM. IF YOU DIRECTLY OR INDIRECTLY DISCLOSE ANY COLLECTION DETAILS TO ANYONE OTHER THAN YOUR CHOSEN RECIPIENT, WE WILL NOT BE LIABLE IF WE PAY THE FUNDS TO SOMEONE OTHER THAN THE RECIPIENT, WHO GIVES THE PAYING AGENT THE COLLECTION DETAILS AND, WHAT THE AGENT BELIEVES TO BE VALID EVIDENCE OF IDENTIFICATION.

UNAUTHORISED PAYMENT TRANSACTIONS

We may be liable to you under applicable laws where we perform a Payment Transaction for you that you did not authorize us to perform.

Where you believe we may have performed a Payment Transaction you did not authorize us to perform, you should let us know as soon as possible via the contact details set out at clause 25 below. We will then investigate the matter.

Subject to the paragraphs below, where we have performed such a Payment Transaction and the investigation of the matter shows that in fact a Payment Transaction was executed without your authorization, we will immediately (no later than the end of the next Business Day) refund to you in full the amount of that Payment Transaction.

You will not be entitled to any such refund:

if you do not inform us by notice in writing without undue delay on your becoming aware that an unauthorized Payment Transaction may have occurred, and in any event not later than 13 months after the date on which the unauthorized Payment Transaction was made; or

if the Payment Transaction was authorized by you; or

if an unauthorized Payment Transaction was performed due to your fault (e.g. you disclosed your user account and authentication details); or

if we have a reasonable ground to suspect fraud in such actions and we report this to the Bank of Lithuania (in which case, the refund is suspended pending of the investigation of the fraud case).

You will be liable to us for all losses which we suffer or incur relating to any fraud or fraudulent activity by you at any time. However, you shall not suffer any loss or fees in the event an unauthorized Payment Transaction is executed by us through no fault of yours.

NON-EXECUTION OR FAULTY EXECUTION OF PAYMENT TRANSACTIONS

We, as your payment service provider, are responsible for the proper execution of Payment Transactions, provided that all Payment Transaction details provided by you are correct, properly submitted and there is no ground to reject the execution of the Payment Transaction. Accordingly, we may be liable to you under applicable laws where we fail to perform or incorrectly perform any Payment Transaction that you authorized us to perform.

Where you believe we may have failed to perform or incorrectly performed such a Payment Transaction, you should let us know as soon as possible via the contact details set out at clause 25 below and, if you request, we will make immediate efforts to investigate the matter and let you know the outcome of our investigation.

Subject to the paragraphs below, where we have failed to perform or incorrectly performed such a Payment Transaction, we will without undue delay make good and correct the error and deliver the amount of the unperformed or incorrectly performed Payment Transaction as originally instructed. You will not be charged for such corrected Payment Transaction.

You will not be entitled to the remedy mentioned above:

We will have no liability to you for failure to execute, or any incorrect execution of, a Payment Transaction where the reason was our refusal to proceed with that Payment Transaction or any part of it or if the Payment Transaction was incorrectly performed due to your fault (e.g. by providing incorrect payment or Recipient data).

if you do not inform us by notice in writing without undue delay (and in any event not later than 13 months after the date on which the incorrect Payment Transaction was performed) on your becoming aware of our failure to perform a Payment Transaction authorized by you or incorrect performance by us of a Payment Transaction authorized by you may have occurred; or

where we are able to show that the authorized  amount was received at the appropriate time by the Recipient; or

if the failure to perform or incorrect performance was due to you providing us with incomplete or incorrect information or was otherwise due to your fault.

We will have no liability to you for failure to execute, or any incorrect execution of, a Payment Transaction where the reason was our refusal to proceed with that Payment Transaction or any part of it or if the Payment Transaction was incorrectly performed due to your fault (e.g. by providing incorrect payment or Recipient data).

 

FEES

In accordance with applicable laws and regulations, and before execution of a Payment Order, we shall provide information to you regarding the fee and any applicable exchange rates, which will be displayed in the order preview section of the Remit Choice Money Transfer App. If you do not accept the fees or exchange rates applied, you shall have a right to revoke the Payment Transaction until such time as the Payment Order is received by the Recipient, as described in section 9 of these Terms and Conditions.

In addition to any fees charged by us, a Payment Transaction may be subject to other fees and costs and exchange rates payable to other parties, for example, banks and other payment institutions involved in the Payment Transaction, as well as deductions that may apply (for example for tax reasons) as required by the authorities of the destination country of the Payment Transaction. The amount that we deduct will be no more than the amount of our legal responsibility.

If you use your mobile phone in connection with a Payment Transaction, you will also be responsible for any fees that your phone service provider may charge, such as fees for SMS, data services, and any other fees that your phone service provider may charge.

 

SET OFF

You agree that we may set off any amount you owe us against any sums owed by us to you.

 

PAYMENT TRANSACTION RESTRICTIONS

We reserve the right, at our sole discretion, to:

(i) refuse to process a Payment Transaction; (ii) limit the amount of a Payment Transaction; (iii) require additional information to complete a Payment Transaction; and/or (iv) take reasonable measures with respect to a Payment Transaction where in our opinion this is necessary to comply with applicable laws and regulations, including where we have concerns about the identity of persons involved in the Payment Transaction.

Notwithstanding any prior agreement to initiate a Payment Transaction and subject to applicable laws and regulations, we may, in our sole discretion, also refuse to proceed with a Payment Transaction in circumstances which include (but are not limited to) where:

(i) the intended Recipient is anyone other than a natural person

(ii) we are required to do so under applicable anti-money laundering or terrorist financing legislation and/or where we know or suspect the Payment Transaction may be unlawful (including for instances of fraud)

(iii) you have failed to provide us with sufficient, satisfactory and reliable evidence of your identity or any other information we require in relation to a Payment Transaction

(iv) we know or suspect that the Payment Order requested by you contains errors, is forged or is unauthorized

(v) you have provided us with wrong or incomplete information, or we do not receive Payment Order information in a timely manner in order to guarantee the timely execution of the Payment Transaction

(vi) you have failed to provide us with the cleared funds (including any associated fees) required to execute the Payment Transaction

(vii) your Card Issuer does not authorize the use of your Bank Card to pay for the Payment Transaction and our fees

(viii) you are under 18 years of age

(ix) you are in breach of an obligation under these Terms and Conditions, including an obligation to pay our fees.

We reserve the right not to accept or allow payments from or to, either directly or indirectly, certain countries which we have determined, acting in our sole discretion, are high risk to our business or involve a higher level of complexity for us in carrying out our anti-money laundering or anti-terrorist financing legislation transaction monitoring process.

We further reserve the right to request, in our sole discretion, additional information from you, including information about the Recipient, where payments are to be made to certain countries and other information required in connection with our assessment of risk levels.

If we refuse to proceed with the execution of a Payment Order in accordance with the Terms and Conditions, we will tell you prior to the end of the Business Day following receipt of the Payment Order. Where it is possible and lawful for us to do so, we will provide the reasons for our refusal to proceed with your Payment Order. In cases where you have provided incorrect information or omitted to provide information, we will explain how to rectify the situation.

Our Services are offered only for your personal Payment Transaction needs and you agree not to use or attempt to use or allow any third party to use Our Services for any other purpose including commercial purposes or promotion of products and services whether directly or indirectly. You further agree not to use Our Services on behalf of any other party.

Our Services are subject to such transactional restrictions as we may from time to time in our sole discretion impose, including as to the maximum amounts to be transferred, destination countries and available currencies.

 

SUSPENSION OF OUR SERVICES

We may suspend Our Services to you immediately:

where you do not provide us with all the details we require to perform a Payment Transaction for you;

where it becomes unlawful for us to continue to provide you with Our Services or we are required to do so by law, by any court of competent jurisdiction or by any governmental or regulatory body which authorizes us to perform Our Services;

following a material breach by you of any of these Terms and Conditions, or in the event that we discover or have reasonable cause to suspect any crime, fraud, fraudulent activity or money laundering by you;

in the event that you die, become of unsound mind, become unable to pay your debts as and when they fall due, a petition in bankruptcy is presented against you, you are declared bankrupt, you become insolvent, you enter into an individual voluntary arrangement or go into liquidation or are subjected to any similar event;

as provided for in clause 18 (Changes Beyond our Control).

 

ACCEPTABLE PURPOSE

We reserve the right, in our sole discretion, to impose ‘acceptable purpose’ terms in relation to the provision of Our Services, including the prohibition of certain categories of Payment Orders.

We will report any suspicious activity to the Financial Crime Investigation Service (Lithuanian Financial Intelligence Unit).

If any Payment Transaction is conducted or attempted to be conducted in breach of the acceptable purpose prohibitions applicable from time to time, we reserve the right to reverse the Payment Transaction, and/or close or suspend your use of Our Services and / or report the transaction to the relevant law enforcement agency and/or claim damages from you.

 

RIGHT TO RESCIND OR CANCEL A PAYMENT TRANSACTION

Where you have authorized us to perform a Payment Transaction, we will go ahead with that Payment Transaction unless:

you provide us with clear instructions that you wish to rescind the Payment Order by contacting our customer service team whose details are specified in clause 25 below; and, in all cases;

we agree in writing with you that we will not do so.

(together a “Cancellation”)

For the avoidance of doubt, we will not accept any Cancellation if:

the Payment Transaction has already been paid out to your Recipient;

your instructions are unclear;

Notwithstanding the above, if you provide us with clear Cancellation instructions, other than in the circumstances described above where we will not accept a Cancellation, we will attempt (to the extent possible at that time) to cancel the Payment Transaction prior to the Payment Transaction being paid out to the Recipient. We will not, however, be liable for any losses incurred in connection with the Cancellation or if the Cancelation cannot not be performed (e.g. in the event it has been executed and the funds have been received by the Recipient) and we reserve the right to charge you a fee to cover our reasonable costs for a Cancellation.

 

CHANGES BEYOND OUR CONTROL

We do not assume any liability if we are unable to perform any of our obligations to you or our performance of any of our obligations is delayed due to any circumstances outside of our reasonable control, including (without limitation) any industrial action, labor dispute, act of God, fire, flood or storm, war, riot, civil commotion, siege, security alert, act of terrorism or any resulting precautionary measures taken, act of vandalism, sabotage, virus, malicious damage, compliance with any statute, statutory provision, law, governmental or court order, the actions or instructions of the police or of any governmental or regulatory body which authorizes us to perform Our Services, cut or failure of power, failure of equipment, systems or software or internet interconnectivity or the occurrence of any extraordinary fluctuation in any financial market that may materially adversely affect our ability to perform Our Services or our obligations under Lithuanian law. If any of these circumstances occur in the course of executing Payment Transaction, then the Terms and Conditions that were applicable at the moment the Payment Order was placed, shall be suspended for the period during which the circumstances continue or, at our discretion and in order to protect both you and us, we may terminate these Terms and Conditions.

 

NOTIFICATIONS AND ELECTRONIC COMMUNICATIONS

Scope of your consent to receive electronic notifications and communications

As part of your relationship with us, you may receive electronic notifications and communications in writing related to Our Services. In light of our commitment to protecting the environment and to facilitate the use of Our Services, such notifications and communications will be carried out in electronic form (e.g. email, notifications in the Remit Choice Money Transfer App, SMS). To this end, and to the extent permitted by applicable law at any given time, you agree to receive in electronic format all information that we would otherwise be required to provide to you in paper form, including, but not limited to: (i) legally required disclosures, notices and other communications associated with your access to or use of Our Services, including information about fees or charges and any and all legally required pre and post Payment Transaction disclosures; (ii) confirmation regarding collection and/or receipt of a Payment Transaction; (iii) these Terms and Conditions, any updates or changes in these Terms and Conditions and other informational mailings regarding the same; (iv) customer service communications; (v) privacy policies and notices; (vi) information regarding the debiting or charging, as applicable of your selected payment method; (vii) any and all legally required error resolution policies, and responses to claims filed in connection with your access to or use of Our Service (viii) any other communications related to your access to and/or use of Our Service, and (ix) with your consent, marketing and other promotional communications.

Keeping your contact information current with us

You must keep your e-mail address and any other electronic address and contact details (including your mobile telephone number) current in the Remit Choice Money Transfer App.

In order to ensure that we are able to provide notices, disclosures and statements to you electronically, you must notify us of any change in your e-mail or other electronic address and your mobile telephone number. You may update the e-mail address and mobile telephone number we have on record for you through the Remit Choice Money Transfer App.

 

INTELLECTUAL PROPERTY

Our Services and the Remit Choice Money Transfer App, its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, graphics, video and audio, and the design, selection and arrangement thereof), are owned by us or (a group to which we belong) (“Our Group”) and / or our / their licensors or other providers of such material. They are protected by Lithuanian, EU, and international laws governing copyright, trademark, patent, trade secret and other intellectual property or proprietary rights.

You are permitted to use the Remit Choice Money Transfer App and Our Services solely for your personal, non-commercial use only. You must not:

copy, modify, create derivative works of, publicly show, publicly display, republish, download, store or transmit any of the material on our site, except to: (a) save copies of such material temporarily in “Random Access Memory”; (b) store files that are automatically cached by your web browser for display enhancement purposes; and/or (c) print a reasonable number of pages of the Remit Choice Money Transfer App for a permitted use.

modify copies of any material from the Remit Choice Money Transfer App or delete or alter any copyright, trademark or other proprietary rights notices from copies of material from this site.

use any images, graphics, video or audio separately from any accompanying text.

reproduce, sell or exploit for any commercial purposes any part of the Remit Choice Money Transfer App, access to the Remit Choice Money Transfer App or use of the Remit Choice Money Transfer App or any services or material available through the Remit Choice Money Transfer App.

If you print, copy, modify, download or otherwise use any part of the Remit Choice Money Transfer App in breach of the Terms and Conditions, your right to use the Remit Choice Money Transfer App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in the Remit Choice Money Transfer App or any content on the site is transferred to you, and we, our licensors, along with any of the companies that form part of Our Group and their licensors, all reserve all rights not expressly granted. Any use of the Remit Choice Money Transfer App not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.

 

PERSONAL DATA PROTECTION

Our Privacy Policy is available on our website, sets out the terms on which we process any personal data we collect from you, or that you otherwise provide or have provided to us. Our Privacy Policy is GDPR compliant. By using the Remit Choice Money Transfer App, you consent to such processing and you represent and warrant that all data provided by you is accurate.

 

LIMITATION OF LIABILITY

Our total liability to you in connection with a Payment Transaction is limited to the full amount of the Payment Transaction together with any charges for which you may be responsible and any interest which you may be required to pay as a consequence of any non-performance or incorrect performance by us of the Payment Transaction.

We will not be liable to you where this is due to abnormal and unforeseeable consequences beyond our control, the consequences of which would have been unavoidable despite all efforts by us to the contrary or where this is due to other obligations imposed on us under other provisions of European Community or national law.

 

RESPONSIBILITY FOR LOSSES

You shall be responsible for any losses, expenses or other costs incurred by us, Our Group, affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) which result from your breach of the Terms and Conditions, including, without limitation, any use of the Remit Choice Money Transfer App content or Our Services other than as expressly authorized in the Terms and Conditions or your use of any information obtained from the Remit Choice Money Transfer App, or your negligence, fraud or willful misconduct.

DISCLAIMER OF WARRANTIES

You must not misuse the Remit Choice Money Transfer App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Remit Choice Money Transfer App, the server on which the Remit Choice Money Transfer App is stored or any server, computer or database connected to the Remit Choice Money Transfer App. You must not attack the Remit Choice Money Transfer App via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Remit Choice Money Transfer App will cease immediately.

 

Your use of the Remit Choice Money Transfer App, its content and Our Services at your own risk. Insofar as is permitted in law: (a) the Remit Choice Money Transfer App, its content and Our Services obtained through the Remit Choice Money Transfer App are provided on an "as is" and "as available" basis, without any representations, warranties or guarantees of any kind, either expressed or implied; and (b) neither we nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, timeliness or availability of the Remit Choice Money Transfer App. Without prejudice to the foregoing, except to the extent required by law, neither we nor anyone associated with us represents or warrants that the Remit Choice Money Transfer App, it’s content or any services or items obtained through the Remit Choice Money Transfer App will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that the Remit Choice Money Transfer App or the server(s) that makes it available are free of viruses or other harmful components or that the Remit Choice Money Transfer App or any services or items obtained through the Remit Choice Money Transfer App will otherwise meet your needs or expectations. By means of this clause 24, we hereby disclaim all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

CUSTOMER SERVICE

We value all our customers and take our obligations seriously. To contact our customer service team in relation to Our Services by telephone at +37052075832 or email at [email protected]  You can also reach us by post at: Remit Choice Customer Services Juozapavi?iaus g. 9A-100A, Vilnius, Lithuania

 

COMPLAINTS HANDLING

Any complaints about Our Services shall be addressed to us in a written form in the first instance by contacting our customer services team by the means indicated in clause 24 above. We will respond to your complaint in writing or using another durable medium. In exceptional cases, due to reasons which are beyond our control, we may send you a preliminary response by indicating reasons for delay and the timeline by which you will receive our final response. Handling of complaints is free of charge and your claim must be submitted to us in English.

 

Should you not be satisfied with our final response, or should we fail to respond to you, you always have a right to address your complaint to the Bank of Lithuania. You may submit to the Bank of Lithuania a request to protect your rights and legitimate interests which you consider having been violated. Such complaints may be submitted in writing or by electronic means to the following addresses: (i) Totori? g. 4, LT-01121 Vilnius, [email protected], and/or (ii) Žalgirio g. 90, Vilnius, e-mail: [email protected]). Complaints must be submitted in the Lithuanian or English languages; however, the Bank of Lithuania does not undertake to assess the complaint provided in English as the priority shall always be given to the Lithuanian language. Addressing us first is a precondition for you to apply to the Bank of Lithuania. The decision of the Bank of Lithuania is not mandatory for us or you.

 

In the event you are generally not content with us or Our Services, and where there is no claim or disagreement between us and you, you may always approach the Bank of Lithuania by submitting a complaint to the Bank of Lithuania at Totori? str. 4, LT-01121 Vilnius, email: [email protected], or to the Supervision Service of the Bank of Lithuania, Žalgirio str. 90, LT-09303 Vilnius, email: [email protected].

You shall always have a right to apply to the court with a claim. You may exercise this right even before (or after) the dispute was resolved by the Bank of Lithuania.

 

Any dispute arising out of or in connection with the Terms and Conditions, including without limitation any disputes regarding its valid conclusion, existence, nullity, breach, termination or invalidity shall be finally referred to and resolved by the courts of the Republic of Lithuania, except where prohibited or otherwise required by EU law. Before referring the dispute to court, you and we will endeavor to resolve the dispute by amicable negotiations.

 

APPLICABLE LAW AND JURISDICTION

These Terms and Conditions, its subject matter and its formation, are governed by Lithuanian law. As a resident consumer of other EU members states, you will also benefit from any mandatory provisions of the consumer protection laws of those countries, unless otherwise required under applicable laws.

You and we both agree that the courts of Lithuania will have exclusive jurisdiction.

These Terms and Conditions do not affect your statutory rights as a consumer.

 

LANGUAGE

The language of these Terms and Conditions shall be English and by accepting these Terms and Conditions you agree with it.

All communication in relation to the provision of Our Services shall be made in the English language.

 

SEVERABILITY

If any court of competent jurisdiction finds that any part of the Terms and Conditions is invalid, unlawful or unenforceable for any reason, those parts (to the extent possible) shall be deleted from thee Terms and Conditions and the remaining parts shall remain in force and continue to be binding on you and us.

NO WAIVER

No failure to enforce or delay in enforcing any right or remedy available to you or us under the Terms and Conditions (including as provided for in the Terms and Conditions or otherwise available under Lithuanian law) will mean that you or we cannot exercise any such right or remedy at a later date.

 

ASSIGNMENT

You may not assign, transfer, charge or dispose of these Terms and Conditions or any of your obligations, rights or privileges under these Terms and Conditions to any other person at any time without our prior consent in writing.

We may assign, transfer, charge or dispose of these Terms and Conditions in whole or in part or any of our obligations, rights or privileges to any other person at any time (including to any affiliates in Our Group), but we will take appropriate steps to try to ensure that doing so will not harm any of your rights under these Terms and Conditions.

 

TRADEMARKS

The name(s) Remit Choice, all related names, logos, names of products and services, designs and related slogans are registered trademarks belonging to us, Our Group, or its subsidiaries or other license holders (as the case may be). You may not use these trademarks, names, logos or slogans or without our prior written consent. All other names, trademarks and signs shall be used exclusively for identification purposes and they are registered trademarks of their respective owners