This document (together with
any documents referred to in it) tells you the terms and conditions upon which
we sell and supply the money transfer services (the Services) listed on this
website (the Website) and Mobile Application (the App) to you. Please note, in
these Terms and Conditions our use of the term ‘Services’ includes, without
limitation, money transfer services, money remittance services, international
money remittance services and Payment Services in accordance with Schedule 1
Part 1 of The Payment Services Regulations 2017.Before confirming your order
please:
Read through these terms and
conditions (the Conditions) and in particular our cancellations and returns
policy at clause 11 and limitation of our liability and your indemnity at
clause 15
Print a copy for future
reference.
Read our privacy policy
regarding your personal information.
By ordering any of the
Services listed on this Website/App, you agree to be legally bound by these
Conditions. You will be unable to proceed with your purchase if you do not
accept these terms and conditions as may be modified or amended and posted on
this Website/App from time to time.
We reserve the right to revise
and amend the Website/App, our disclaimers and the Conditions at any time
without notice to you. Your continued use of the Website/App (or any part
thereof) following a change shall be deemed to be your acceptance of such
change. It is your responsibility to check regularly to determine whether we
have changed these Conditions.
ABOUT US
2.1. This Website/App is owned
and operated by Remit Choice Limited/Remit Choice (we/us/our), a private
limited company registered in England and Wales under company number: 11770361
having our registered office at Twelve O’clock Court Unit 7, 21 Attercliffe
Road, Sheffield, England, S4 7WW
2.2. We are a member of, and
regulated by, the Financial Conduct Authority (FCA), a regulatory professional
body for the purposes of regulating our Payment Services activities in
accordance with the Payment Services Regulations 2017. We can be identified on
the FCA Register by our registration number: 949756. We are regulated by the FCA.
The professional conduct rules and regulations can be found at http://www.fca.gov.uk.
COMMUNICATIONS
3.1. You agree that email and
other electronic communications can be used as a long-distance means of
communication and acknowledge that all contracts, notices, information and
other communications that we provide to you electronically comply with any
legal requirement that such communications be in writing.
3.2. We will contact you by
email or provide you with information by posting notices on our Website/App.
OVERSEAS ORDER
4.1. Our Website/App is
intended for use by customers resident in England, Wales, Scotland and Northern
Ireland (the United Kingdom).
4.2. We may accept your order
if you are resident in United Kingdom, subject to reserving a right to amend
the specifications or standards of the Services offered on the Website/App
and/or these Conditions or to refuse to accept an order for our Services from
you, if it will put an excessive strain on our business or if we have an
objective reason for doing so. If we accept your order, you will be liable to
pay for all and any additional costs that we incur in order to facilitate your
order. You will have an opportunity to cancel your order in case the additional
costs are not acceptable.
4.3. If we agree to supply any
Services ordered from the Website/App for delivery outside the United Kingdom
they may be subject to fees, duties and/or taxes or expenses incurred due to
complying with local and foreign regulatory requirements or laws. You will be
responsible for payment of any such duties and/or taxes in addition to our
price. Please note that we have no control over these charges and cannot always
predict their amount. Please contact your local customs office or taxation
authority for further information before placing your order.
4.4. You must comply with all
applicable laws and regulations of the country for which the Services are
destined. We will not be liable for any breach by you of any such laws.
REGISTRATION
This Website/App is owned and
operated by Remit Choice Limited/Remit Choice (we/us/our), a private limited
company registered in England and Wales under company number: 11770361 having
our registered office at Twelve O’clock Court Unit 7, 21 Attercliffe Road,
Sheffield, England, S4 7WW.
5.2. By registering on the
Website/App you undertake:
5.2.1. That all the details
you provide to us for the purpose of registering on the Website/App and
purchasing the Services are true, accurate, current and complete in all
respects
5.2.2. To notify us
immediately of any changes to the information provided on registration or to
your personal information
5.2.3. That you are over 18 or
if under 18 you have a parent or guardians’ permission to register with and
purchase the Services from this Website/App in conjunction with and under their
supervision
5.2.4. To only use the
Website/App using your own username and password
5.2.5. To make every effort to
keep your password safe
5.2.6. Not to disclose your
password to anyone
5.2.7. To change your password
immediately upon discovering that it has been compromised
5.2.8. To neither transfer or
sell your username or password to anyone, nor permit, either directly or
indirectly, anyone other than you to use them
5.2.9. To provide us with
correct, accurate, complete and truthful details concerning
the money remittance
transaction or transactions you instruct us to remit,
the payee or beneficiary’s
correct, true, accurate and complete details, including name, address, bank
account number and any other information concerning the payee or beneficiary we
require from time to time,
your full name, address, bank
account number and any other information we require of you from time to time,
and
any other information we
request of you prior to us completing the Services
5.2.10. Not to use our
Services to commit fraud, money laundering, financial crime, financing
terrorism or any similar activities. You expressly agree that we have an
immediate right to immediately cancel any Services or account provided to you,
without notice to you, and to report it to the appropriate policing or regulatory
authority, where we suspect or detect that any crime is being committed by you,
the payee or beneficiary or any third party on your behalf.
5.3. You authorize us to
transmit your name, address and other personal information supplied by you
(including updated information) to obtain information from third parties about
you, including, but not limited to, credit reports and so that we may
authenticate your identity.
5.4. We reserve the right to
terminate an agreement formed with you pursuant to clause 9 below and to
suspend or terminate your access to the Website/App immediately and without
notice to you if:
5.4.1. You fail to make any
payment to us when due
5.4.2. You breach these
Conditions (repeatedly or otherwise)
5.4.3. You are impersonating
any other person or entity
5.4.4. When requested by us to
do so, you fail to provide us within a reasonable time with sufficient
information to enable us to determine the accuracy and validity of any
information supplied by you, or your identity
5.4.5. We suspect you have
engaged, or are about to engage, or have in anyway been involved, in fraudulent
or illegal activity on the Website/App
ELIGIBILITY TO PURCHASE FROM THE WEBSITE/APP
6.1. To be eligible to
purchase the Services on this Website/App and lawfully enter into and form
contracts with us, you must:
6.1.1. Be 18 years of age or
over
6.1.2. Be legally capable of
entering into a binding contract
6.1.3. Provide full details of
an address in the United Kingdom or your local country address for the
performance or delivery of the Services
6.2. If you are under 18, you
may only use the Website/App in conjunction with, and under the supervision of,
a parent or guardian. If you do not qualify, you must not use our Website/App.
6.3. Identification
requirements for Online Payment:
6.3.1. Valid Photo
identification (Passport or Driving License) Colored and Clearly readable scan
- Visa scan is required along with it if you have a non-British passport)
6.3.2. Address Verification
(any valid utility bill / bank statement or council tax bill (please note that
the bills should be at least 90 days valid.)
6.3.3. Your complete contact
details
6.4. Please find that Remit
Choice Limited is authorized to verify your provided documents for
identification purpose with independent online source to confirm the
validity/authenticity. If sending over the £5000.00 GBP or equivalent in
alternate currency you may be asked for additional information such as
proof/source of funds.
6.4.1. Also note the
following:
This membership is not meant
to be operated for business purposes
Your requests may require a
minimum of 2 working days in order to be verified and processed
PRICE
7.1. The prices of the
Services are quoted on the Website/App
7.1. Prices quoted are for the
performance of the Services in the United Kingdom unless otherwise specified.
7.2. Unless otherwise stated,
the prices quoted exclude VAT (we are not VAT registered).
7.3. We reserve the right, by
giving notice to you at any time before delivery or performance of our
obligations to you, to increase the price of the Services to reflect any
increase in the cost to us due to any factor beyond our control (such as
without limitation, any foreign exchange fluctuation, significant increase in
any other costs of third-party services). In the unlikely event of this
occurring, you shall be entitled to cancel the order at any time before we have
commenced providing the Services.
PAYMENT
8.1. Payment can be made by
any major personal (not commercial) prepay, credit or debit card or through an
electronic payment account as explained on the order form.
8.2. By placing an order, you consent to payment being charged to you
prepay/debit/credit card account or electronic payment account as provided on
the order form.
8.3. Payment will be debited and cleared from your account before the provision
of the Service to you.
8.4. When you pay for your order by card, we carry out certain checks which
include obtaining authorization from your card issuer to ensure you have
adequate funds and for security reasons. This may involve validating your name,
address and other personal information supplied by you during the order process
against appropriate third-party databases including the card issuer, registered
credit reference agencies and fraud prevention agencies.
8.5. By accepting these Conditions, you:
8.5.1. Undertake that all the details you provide to us for the purpose
of purchasing the Services are correct and that the payment card you are using
is your own and that there are sufficient funds to cover the cost of the
Services ordered
8.5.2. Undertake that any and all Services ordered by you are for your own
private or domestic use only and not for resale
8.5.3. Authorize us to transmit the payment and delivery information provided
by you during the order process (included any updated information) for the
purpose of obtaining authorization from your card issuer to ensure you have
adequate funds, to authenticate your identity, to validate your payment card
and for other security reasons, such as fraud prevention
8.6. We shall contact you should any problems occur with the authorization of
your card.
8.7. We will take all reasonable care, in so far as it is in our power to do
so, to keep the details of your order and payment secure, but in the absence of
negligence on our part, we cannot be held liable for any loss you may suffer if
a third party procures unauthorized access to any data you provide when
accessing or ordering from our Website/App.
ORDER PROCESS AND FORMATION OF A CONTRACT
9.1. All orders are subject to
acceptance and availability. If any Services ordered are not available, you
will be notified by email and you will have the option either to wait until the
item is available or to cancel your order. It is your responsibility to provide
us with a valid email address so that we can contact you if necessary.
9.2. Any order placed by you constitutes an offer to purchase the Services from
us. All such offers received from you are subject to acceptance by us and we
reserve the right to refuse any order placed by you at any time prior to acceptance,
without providing an explanation.
9.3. You shall be responsible for ensuring the accuracy of the details provided
by you during the order process and we will not accept an order unless all
details requested from you have been entered correctly.
9.4. You agree that if we contact you to acknowledge receipt of your order such
communication shall not amount to our acceptance of your offer to purchase the
Services ordered by you from the Website/App.
9.5. A contract between you and us (the Contract) incorporating these
Conditions will only subsist after we have debited your payment card and have
confirmed that we shall be providing the requested Service or made it available
to be downloaded. We will send you an email to confirm this (a Confirmation Notice).
The Confirmation Notice will amount to an acceptance of your offer to buy the
Services from us. The Contract will only be formed when we send you the
Confirmation Notice (whether or not you receive it).
9.6. Where we agree to supply Services to you permanently or on an ongoing
(continuous) basis, such as by subscription, they shall be provided for a
minimum fixed period of time (the Minimum Duration). The length of the Minimum
Duration will depend on which package or product you have selected to purchase
and is provided on the Website/App.
9.7. The Contract will relate only to the Services stated in the Confirmation
Notice. We will not be obliged to supply any other Services which may have been
part of your order until we have sent you a separate Confirmation Notice
relating to it.
9.8. You must check that the details contained in the Confirmation Notice are
correct and you should print out and keep a copy of it.
9.9. You will be subject to the version of our policies and Conditions in force
at the time that you order the Services from us, unless:
9.9.1. Any change to those policies or these Conditions is required to be made
by law or governmental authority
9.9.2. We notify you of any change to our policies or these Conditions before
we send you the Confirmation Notice, in which case, we are entitled to assume
that you have accepted it, unless we receive written notification from you to
the contrary within seven working days of receipt of the Confirmation Notice
9.10. In some cases, we accept orders from agents on behalf of customers. The
resulting legal contract is between you and us, and is subject to these terms
and conditions, which the agent will advise you of directly. You should
carefully review these terms and conditions as they apply to the transaction.
DELIVERY
10.1. The Services will be
provided to you and delivered to the beneficiary or recipient at the address
you provided during the order process which may be an address other than the
billing address, but please note that extra documentation may be needed to
comply with such orders. We may where appropriate and at our option, deliver
all or part of the remittance, to the account number, or account name, or
telephone number or email address you supplied on registration or such other
account name or account number or telephone number email address that we agree
to use for the purposes of remitting the funds to the beneficiary or to
communicate with you or the beneficiary.
10.2. Any dates quoted for completing performance of the remittance service are
approximate only. If no date is specified then it will take place within 30
days or a reasonable time of the date of the Confirmation Notice, unless there
are exceptional circumstances.
10.3. We shall not be liable for any delay in completing performance of the
Service, however caused.
10.4. The remittance services may be sent in instalments.
CANCELLING YOUR CONTRACT AND RETURNS
11.1. Cancelling before
receiving a Confirmation Notice
11.1.1. You may cancel your order for the Services at any time prior to
receiving a Confirmation Notice from us so long as you contact us in writing.
You can send us a cancellation notice by sending an email
to [email protected] or a letter to Twelve O’clock Court Unit 7,
21 Attercliffe Road, Sheffield, England, S4 7WW. Your cancellation notice must
quote your name, address, the name or a description of the Services and your
order reference number.
11.2. Cancellation after receiving a Confirmation Notice
11.2.1. You are entitled to cancel your Contract and obtain a refund before we
complete the money remittance Service or within 7 working days from the date of
the Confirmation Notice, whichever is applicable. This also applies, where
appropriate and subject to clause 11.4, to items that are available to be downloaded.
However, you will no longer have a right to cancel if, with your agreement, we
have already completed providing the Services to you before this period of time
expires. We shall be deemed to have already completed providing the money
remittance Services, in circumstances where payment of the funds has already
been deposited into your or your beneficiary’s bank account or similar account
or you or your beneficiary have already accessed the funds or downloaded
products or materials necessary to access the funds, that we made available to
you, from the Website/App or other similar shared platform.
11.2.2. You may notify us of your wish to cancel by sending us a cancellation
notice to [email protected] or a letter to Twelve O’Clock Court
Unit 7, 21 Attercliffe Road, Sheffield, England, S4 7WW. Your cancellation
notice must quote your name, address, the name or a description of the Services
and your order reference number.
11.2.3. Upon receiving your cancellation notice, we will contact you providing
any necessary instructions which you will be required to follow.
11.2.4. So long as you have complied with your obligations under this clause,
we will refund the purchase price to you by crediting the payment card you used
to purchase the Services.
11.3. Cancelling ongoing Services
11.3.1. Some of the Services that we provide are available for either a fixed
period or unspecified period of time. In this clause these Services are
referred to respectively as Ongoing Fixed Term Services and Ongoing Non-Fixed Term
Services.
11.3.2. You are entitled to cancel your Contract for any Recurrent Fixed Term
Services and Recurrent Non-Fixed Term Services that you have purchased and
obtain a refund within 7 working days from the date of the Confirmation Notice.
This also applies, where appropriate, and subject to clause 11.4, to items that
are available to be downloaded.
11.3.3. You will no longer have a right to cancel any Ongoing Fixed Term
Services if, with your agreement, we have already commenced providing this
service to you within 7 working days from the date of the Confirmation Notice,
unless otherwise expressly agreed by us in writing. We shall be deemed to have
already commenced providing the Ongoing Fixed Term Services, in circumstances
where you have already downloaded products or materials that we made available
to you from the Website/App.
11.3.4. In these circumstances you cannot cancel the Contract for any Ongoing
Fixed Term Services until the end of the Minimum Duration (even where the
Minimum Duration is more than one year) and you will not be entitled to a
refund, unless otherwise expressly agreed by us in writing.
11.3.5. Although you may notify us of your intention to cancel an Ongoing Fixed
Term Services at any time, such notice will only take effect after the Minimum
Duration has elapsed. You may notify us of your wish to cancel the Ongoing
Fixed Term Services by sending us a cancellation notice
to [email protected] or a letter to Twelve O’clock Court Unit 7,
21 Attercliffe Road, Sheffield, England, S4 7WW.Your cancellation notice must
quote your name, address, the name or a description of the Services and your
order reference number.
11.3.6. We may, at our sole discretion, agree to temporarily suspend any
Ongoing Fixed Term Services if you will be unable to use the service, such as,
for example, if you have insufficient funds in your account to affect the money
remittance. We will require at least 3 working days advance notice from you for
this to be implemented. The maximum period of suspension will be 3 weeks in any
calendar year. You may use the same contact details for providing a
cancellation notice to request the Ongoing Fixed Term Services to be suspended.
11.3.7. You will still have a right to cancel any Ongoing Non-Fixed Term
Services if we have already commenced providing this service to you within 7
working days from the date of the Confirmation Notice, upon giving us 6 weeks
advance notice in writing. You may notify us of your wish to cancel by sending
us a cancellation notice to [email protected] or a letter to
Twelve O’clock Court Unit 7, 21 Attercliffe Road, Sheffield, England, S4 7WW.
Your cancellation notice must quote your name, address, the name or a
description of the Services and your order reference number.
11.4. Exception to the right to cancel You will not have a right to cancel an
order for services purchased from us, in the following situations:
11.4.1. If you expressly agree to us beginning to provide any services before
the end of the cancellation period.
11.4.2. The Contract is for the sale of financial services
11.5. Incorrectly priced or described Services
11.5.1. Whilst we try and ensure that all the information on our Website/App is
accurate, errors may occur. In the unlikely event that the price and/or
description of an item listed on the Website/App has been incorrectly
advertised, we will not be under any obligation to sell or provide those
Services to you.
11.5.2. If we discover the error before sending you a Confirmation Notice we
will at our discretion, either reject your order and notify you of such
rejection, or inform you as soon as possible and give you the option of
cancelling your order or reconfirming it at the correct price and/or
description. If we give you the option of cancelling your order or reconfirming
it at the correct price and/or description but either cannot contact you or do
not receive your response within 14 days of sending you notification (whether
or not you receive it), we will reject your order.
11.5.3. If we discover the error after sending you a Confirmation Notice we
may, at our discretion and without incurring any liability to you, cancel the
Contract provided that the error is, in our reasonable opinion, obvious and
unmistakable and could have reasonably been recognised by you. We will notify
if we cancel the Contract.
11.5.4. If your order is cancelled or rejected and you have already paid for
the Services, you will receive a full refund in accordance with clause 11.7
11.6. Delivery by instalments
11.6.1. The Services may be sent to you in instalments. You may cancel the
outstanding part of your order and receive a refund, if you have already paid,
of the purchase price of the outstanding Services in accordance with clause
11.7
11.7. Processing refunds
11.7.1. We will notify you about your refund via email within a reasonable
period of time. We will usually process a refund as soon as possible and, in
any case, within 30 days of the day we confirmed to you via email that you are
entitled to a refund. Refunds will be made by crediting the payment card or
electronic payment account you used to purchase the Services.
COMPLAINTS
12.1. If you have a comment,
concern or complaint about any Services you have purchased from us, please
contact us via email at [email protected] or by post at Twelve
O’Clock Court Unit 7, 21 Attercliffe Road, Sheffield, England, S4 7WW.
12.2. If you are not satisfied with how we have handled your complaint, you can
also contact The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall,
London, E14 SR.
INTELLECTUAL PROPERTY
13.1. The content of the
Website is protected by copyright (including design copyrights), trade marks,
patent, database and other intellectual property rights and similar proprietary
rights which include, (without limitation), all rights in materials, works,
techniques, computer programs, source codes, data, technical information,
trading business brand names, goodwill, service marks utility models,
semi-conductor topography rights, the style or presentation of the goods or
services, creations, inventions or improvements upon or additions to an
invention, confidential information, know-how and any research effort relating
to REMIT CHOICE LIMITED moral rights and any similar rights in any country
(whether registered or unregistered and including applications for and the
right to apply for them in any part of the world) and you acknowledge that the
intellectual property rights in the material and content supplied as part of
the Website shall remain with us or our licensors.
13.2. You may download or copy the content and other downloadable items
displayed on the Website subject to the condition that the material may only be
used for personal non-commercial purposes. Copying or storing the contents of
the Website for other than personal use is expressly prohibited.
13.3. You may retrieve and display the content of the Website on a computer
screen, store such content in electronic form on disk (but not any server or
other storage device connected to a network) or print one copy of such content
for your own personal, non-commercial use, provided you keep intact all and any
copyright and proprietary notices. You may not otherwise reproduce, modify,
copy or distribute or use for commercial purposes any of the materials or
content on the Website.
13.4. You acknowledge that any other use of the material and content of this
Website is strictly prohibited and you agree not to (and agree not to assist or
facilitate any third party to) copy, reproduce, transmit, publish, display,
distribute, commercially exploit or create derivative works from such material
and content.
13.5. No license is granted to you in these Conditions to use any of our trademarks
or those of our affiliated companies.
13.6. Services sold by us and Website content may be subject to copyright,
trade mark or other intellectual property rights in favor of third parties. We
acknowledge those rights.
WEBSITE/APP USE
14.1. You are permitted to use
the Website/App and the material contained in it only as expressly authorized
by us under our terms of use.
LIABILITY AND INDEMNITY
15.1. Not with standing any
other provision in the Conditions, nothing will affect or limit your statutory
rights; or will exclude or limit our liability for:
15.1.1. Death or personal injury resulting from our negligence
15.1.2. Fraud or fraudulent misrepresentation
15.1.3. Action pursuant to section 2(3) of the Consumer Protection Act 1987
15.1.4. Any matter for which it would be unlawful for us to exclude or attempt
to exclude our liability
15.2. The Website/App is provided on an as is and as available basis without
any representation or endorsement made and we make no warranties or guarantees,
whether express or implied, statutory or otherwise (unless otherwise expressly
stated in these Conditions or required by law) in relation to the information,
materials, content or services found or offered on the Website/App for any
particular purpose or any transaction that may be conducted on or through the
Website/App including but not limited to, implied warranties of
non-infringement, compatibility, timeliness, performance, security, accuracy,
condition or completeness, or any implied warranty arising from course of
dealing or usage or trade custom.
15.3. We will not be liable if the Website/App is unavailable at any time.
15.4. We make no representation or warranty of any kind express or implied
statutory or otherwise regarding the availability of the Website/App or that it
will be timely or error-free, that defects will be corrected, or that the
Website/App or the server that makes it available are free of viruses or bugs.
15.5. We will not be responsible or liable to you for any loss of content or
material uploaded or transmitted through the Website/App and we accept no
liability of any kind for any loss or damage resulting from action taken in
reliance on material or information contained on the Website/App.
15.6. We cannot guarantee and cannot be responsible for the security or privacy
of the Website/App and any information provided by you. You must bear the risk
associated with the use of the internet. In particular, we will not be liable
for any damage or loss caused by a distributed denial-of-service attack, any
viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or
other material which is malicious or technologically harmful that may infect
your computer, peripheral computer equipment, computer programs, data or other
proprietary material as a result of your use of the Website/App or you
downloading any material posted or sold on the Website/App or from any
Website/App linked to it.
15.7. We will use all reasonable endeavors to carry out our obligations within
a reasonable period of time but will not be liable to you for any loss, costs
or expenses arising directly or indirectly from any delays in doing so.
15.8. We will not be liable, in contract or tort (including, without
limitation, negligence), or in respect of pre-contract or other representations
(other than fraudulent misrepresentations) or otherwise for:
15.8.1. any economic losses (including without limitation loss of revenues,
profits, contracts, business or anticipated savings and any other consequential
loss); or
15.8.2. any loss of goodwill or reputation; or
15.8.3. any special or indirect losses; or
15.8.4. any loss of data; or
15.8.5. wasted management or office time; or
15.8.6. any other loss or damage of any kind suffered or incurred arising out
of or in connection with the provision of any matter under these Conditions
and/or the Contract and/or the use of this Website/App or any aspect related to
your purchase of the Services even if such losses are foreseeable or result
from a deliberate breach of these Conditions by us that would entitle you to
terminate the Contract between us or as a result of any action we have taken in
response to your breach of these Conditions. Without prejudice to the terms of
this clause and in the event that we are unable to rely upon it, our liability
for all and any losses you suffer as a result of us breaking the Contract,
whether or not deliberate, including those listed in clauses 15.8.1 to 15.8.6,
is strictly limited to the purchase price of the Services you purchased.
15.9. If you buy any goods or services from a third-party seller through our
Website/App, the seller’s individual liability will be set out in their own
terms and conditions.
15.10. You agree to fully indemnify, defend and hold us, and our officers,
directors, employees and suppliers, harmless immediately on demand, from and
against all claims, including but not limited to losses (including loss of
profit, revenue, goodwill or reputation), costs and expenses, including
reasonable administrative and legal costs, arising out of any breach of these
Conditions by you, or any other liabilities arising out of your use of this
Website/App or any other person accessing the Website/App using your personal
information with your authority.
15.11. This clause does not affect your statutory rights as a consumer, nor
does it affect your contractual cancellation rights.
FORCE MAJEURE
16.1. We shall have no
liability for delays or failures in delivery or performance of our obligations
to you resulting from any act, events, omissions, failures or accidents that
are outside of our control (Force Majeure), which, without limitation, include:
16.1.1. Strikes, lock-outs or other industrial action
16.1.2. Shortages of labor, services, power, supplies/resources.
16.1.3. Late, defective performance or non-performance
by suppliers/subcontractors.
16.1.4. Private or public telecommunication, computer network failures or
breakdown of equipment
16.1.5. Civil commotion, riot, invasion, terrorist attack or threat of
terrorist attack, war (whether declared or not) or threat or preparation for
war.
16.1.6. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster or extreme weather conditions.
16.1.7. Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport for the delivery of
services/product.
16.1.8. Acts, decrees, legislation, regulations or restrictions of any
government
16.1.9. Other causes, beyond our reasonable control
16.2. Our performance will be deemed to be suspended for the period that the
event of Force Majeure continues, and we will have an extension of time for
performance for the duration of that period. We will use our reasonable
endeavours to minimise any delay caused by Force Majeure or to find a solution
by which our obligations may be performed despite the Force Majeure event. We
shall promptly notify you of any Force Majeure event giving details of it and
(where possible) the extent and likely duration of any delay.
16.3. Where the period of non-performance or delay in relation to any event of
Force Majeure exceeds 30 days from the date of notice to you of the event of
Force Majeure, either you or us may, by written notice to the other, terminate
the Contract with immediate effect upon service.
PRIVACY POLICY
17.1. In order to monitor and
improve customer service, we may record telephone calls.
17.2. We shall be entitled to process your data in accordance with the terms of
our Privacy Policy. Please view this document for further information. All
information provided by you will be treated securely and in accordance with the
Data Protection Act 1998 (as amended).
17.3. You can find full details of our Privacy Policy on the Website.
THIRD
PARTY RIGHTS
18.1. Not to use our Services
to commit fraud, money laundering, financial crime, financing terrorism or any
similar activities. You expressly agree that we have an immediate right to
immediately cancel any Services or account provided to you, without notice to
you, and to report it to the appropriate policing or regulatory authority,
where we suspect or detect that any crime is being committed by you, the payee
or beneficiary or any third party on your behalf.
EXTERNAL
LINKS
19.1. To provide increased
value and convenience to our users, we may provide links to other websites or
resources for you to access at your sole discretion and risk. You acknowledge
and agree that, as you have chosen to enter the linked website we are not
responsible for the availability of such external sites or resources, and do
not review or endorse and are not responsible or liable in any way, whether
directly or indirectly, for:
19.1.1. The privacy practices of such websites
19.1.2. The content of such websites, including (without limitation) any
advertising, content, products, goods or other materials or services on or
available from such websites or resources
19.1.3. The use which others make of these websites; or
19.1.4. Any damage, loss or offence caused or alleged to be caused to you,
arising from or in connection with the use of or reliance upon any such
advertising, content, products, goods, materials or services available on
and/or purchased by you from such external websites or resources
LINKING TO THE WEBSITE
20.1. You must not create a
link to the Website from another website, document or any other source without
first obtaining our prior written consent.
20.2. Any agreed link must be:
20.2.1. To the Website`s homepage
20.2.2. Established from a website or document that is owned by you and does
not contain content that is offensive, controversial, infringes any
intellectual property rights or other rights of any other person or does not
comply in any way with the law in the UK and the law in any country from which
they are hosted
20.2.3. Provided in such a way that is fair and legal and does not damage our
reputation or take advantage of it
20.2.4. Established in such a way that does not suggest any form of
association, approval or endorsement on our part where none exists
20.3. We have no obligation to inform you if the address of the Website home
page changes and it is your responsibility to ensure that any link you provide
to our homepage is at all times accurate.
20.4. We reserve the right to withdraw our consent without notice and without
providing any reasons for withdrawal. Upon receiving such notice, you must
immediately remove the link and inform us once this has been done.
NOTICES
21.1. All notices given by you
to us must be given to us at Twelve O’Clock Court Unit 7, 21 Attercliffe Road,
Sheffield, England, S4 7WW or by using [email protected] We may
give notice as described in clause 3
21.2. Notice will be deemed received and properly served immediately when
posted on our Website, 24 hours after an email is sent, or three days after the
date of posting of any letter. In proving the service of any notice, it will be
sufficient to prove, in the case of a letter, that such letter was properly
addressed, stamped and placed in the post and, in the case of an email, that
such email was sent to the specified email address of the addressee.
ENTIRE AGREEMENT
22.1. The Contract represents
the entire agreement between us in relation to the subject matter of the
Contract and supersede any prior agreement, understanding or arrangement
between us, whether oral or in writing.
22.2. We each acknowledge that, in entering into a Contract, neither of us has
relied on any express or implied representation, undertaking or promise given
by the other from anything said or written in any negotiations between us prior
to such Contract except as has been expressly incorporated in such Contract.
22.3. Neither of us shall have any remedy in respect of any untrue statement
made by the other, whether orally or in writing, prior to the date of any
Contract (unless such untrue statement was made fraudulently) and the other
party`s only remedy shall be for breach of contract as provided in these
Conditions.
GENERAL
23.1. We reserve the right to
change the domain address of this Website/App and any services, products,
product prices, product specifications and availability at any time.
23.2. All prices and descriptions supersede all previous publications. All
product descriptions are approximate.
23.3. Every effort is made to keep information regarding services/product
availability on the Website/App up to date. However, we do not guarantee that
this is the case, or that services/product will always be available.
23.4. If any provision of these terms and conditions is held by any competent
authority to be invalid or unenforceable in whole or in part, the validity of
the other provisions of the Contract and the remainder of the provision in
question will not be affected.
23.5. All Contracts are concluded and available in English only.
23.6. If we fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under it or any of these terms
and conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this shall not constitute a waiver of
such rights or remedies and shall not relieve you from compliance with your
obligations.
23.7. A waiver by us of any default shall not constitute a waiver of any
subsequent default.
23.8. No waiver by us of any of these Conditions or of any other term of a
Contract shall be effective unless it is expressly stated to be a waiver and is
communicated to you in writing in accordance with clause 3
23.9. If we fail, at any time during the term of a Contract, to insist upon
strict performance of any of your obligations under it or any of these terms
and conditions, or if we fail to exercise any of the rights or remedies to
which we are entitled under the Contract, this shall not constitute a waiver of
such rights or remedies and shall not relieve you from compliance with your
obligations.
GOVERNING
LAW AND JURISDICTION
24.1. The Website/App is
controlled and operated in the United Kingdom.
24.2. Every purchase you make shall be deemed performed in England and Wales.
24.3. The Conditions and any Contract brought into being as a result of usage
of this Website/App will be governed by the laws of England and Wales and you
irrevocably agree to submit to the exclusive jurisdiction of the courts of
England and Wales.
Phone No: +441144300131
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
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