International Transfer In an Instance
CONTRACT FORMATION AND OVERVIEW These terms and conditions ("Terms and Conditions") govern the terms under which you can use: - our Money Transfer services; - our Digital Money Account (including redeeming electronic money and paying the proceeds of redemption to yourself or another person); and/or - Air time top up These Terms and Conditions, together with our web page setting out the charges applicable for our services, form your agreement with us for a Digital Money Account and/or use of Airtime Top Up (the "Agreement"). By accessing, registering with and using any of these services, you agree to be bound by the terms of the Agreement. The language of the Agreement is English, and all services, instructions and transactions carried out in connection with it will be in English. You can obtain a copy of the Agreement at any time by asking us to send you a copy via email. In the Agreement, the terms "International money Remit", "we", "us", and "our" refer to International Remit Ltd, together with its employees, directors, successors, and assigns. The terms "you" and "your" refer to you, the person who has registered to use some or all of the services described in the Agreement. This Agreement will be treated as coming into effect on the date you register with us and will continue for an indefinite period, until terminated by you or us. DEFINITIONS In these Terms and Conditions: "Airtime Top Up" means the service which allows you to credit a mobile phone account with credit which can be used by the mobile phone account holder to make calls, send text or picture messages and use data. It is credited to the Payee’s mobile phone account typically within a few seconds. “Business Day” means any day on which we are open for business for the execution of Payment Instructions and/or Payment Requests. "Destination Country" means the country in which: - (where you are the recipient) you receive either money or E-money from a Sender; or - (where you are the person making payment or sending Airtime Top Up) another Payee receives money, E-money or Airtime Top Up as a result of you making a payment using either our Money Transfer service or E-money in your Digital Money Account. “Digital Money Account” means a function in the Portal which stores E-money in a non-interest bearing account maintained by us for you, and which provides such features as we may make available from time to time. These features may include (without limitation) the ability to: load E-money into your Digital Money Account; see the balance of E-money held in that Digital Money Account; denominate E-money in the different currencies we make available in the Digital Money Account from time to time; give instructions for E-money to be transferred to another person's Digital Money Account; redeem E-money and transfer the proceeds either to yourself or to another Payee; and/or buy Airtime Top Up with the proceeds of E-money and transfer this either to yourself or to another Payee. The Digital Money Account is held and administered by us. "E-money" means electronically stored monetary value. “Instruction” means a Payment Request or a Payment Instruction, as the case may be. "Local Taxes" means any taxes or charges payable in the Destination Country. "Money Transfer" means an electronic money transfer using our Services, either within the same country or to another country. "Payee" means either: - you, where you receive money or E-money from someone else, or where you send the proceeds of E-money or Airtime Top Up to yourself; or - someone else that you send money, E-money or Airtime Top Up to using your Digital Money Account. "Payment Instrument" includes a payment device such as a debit card, credit card, or Digital Money Account. "Payment Request" means a specific instruction from you (or a Third Party Provider on your behalf) to a Sender, asking them to send you money, or to send E-money to your Digital Money Account. "Payout Amount" means the amount paid, after any foreign exchange conversion, to you or to a Payee, exclusive of the Service Fee and/or any other fees, charges or costs we reasonably incur. "Payment Instruction" means a specific instruction from you (or a Third Party Provider on your behalf), using the Portal, to send: - the proceeds of E-money, or Airtime Top Up, to yourself; or - money, E-money, the proceeds of E-money, or Airtime Top Up, to another Payee. "Portal" means any app, website, interface or other digital portal we provide from time to time to enable you to use our Services under the Agreement. "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, , binary options or gambling services or any other activities that are prohibited by our policies as amended from time to time. "Sender" means either: - someone who sends us money to hold to your order; or - someone who sends E-money to your Digital Money Account. "Services" means any or all of the following services: - Money Transfer; - Digital Money Account; - Airtime Top Up. "Service Fee" means our fee described as such on our Website from time to time. Other taxes (for example, Local Taxes) and costs may exist that are not paid through us or imposed by us. "Service Provider" means a local bank, money exchange house, or other third party service provider (e.g. mobile network operator) in the Destination Country who we work with to provide services to you. "Third Party Provider" means any online provider that you authorise to access your Digital Money Account, or to give us a Payment Instruction on your behalf. Depending on the authorisations you give them, Third Party Providers will have access to your Transaction History and will be able to send us Payment Instructions, as if they were you. Many Third Party Providers will be authorised by the UK Financial Conduct Authority, or by the respective country. If you are thinking of using a Third Party Provider, then you should ask for details of its authorisation and check these yourself. You should also make sure you are comfortable giving the Third Party Provider the right to give Payment Instructions on your behalf and/or to access your Digital Money Account. "Transaction" means the transfer of money, E-money or Airtime Top Up using our Services, as the case may be. "Transaction Amount" means: - the amount of money or E-money that a Sender wishes to send to you; - the amount of the proceeds of E-money, or the value of the Airtime Top Up, that you wish to send to yourself; or - the amount of money, proceeds of E-money, or the value of the Airtime Top Up, that you wish to send to another Payee. In each case, the Transaction Amount excludes any applicable Service Fee and is the amount displayed by us in the Portal prior to any foreign exchange conversion. "Transaction History" means the record of your Transactions which are accessible through our Portal. "Website" means our public website. PROVISION AND USE OF SERVICES Subject to the terms of the Agreement, we agree to provide the Services to you using reasonable care. You may not be able to use the Services, or some aspects of the Services, if you are located in certain regions, countries, or jurisdictions. This restriction may also apply where you are temporarily accessing our services from those regions, countries or jurisdictions (for example if you are travelling). You must not access, use or attempt to use the Portal to provide any Instructions unless you are at least 18 years old. Depending on the country in which you live, local laws may set a different age or impose additional rules on your ability to enter into an agreement with us and to use the Portal. If this is the case, it is your obligation to comply with the local laws which affect you. You must not use any device, software or routine to interfere or attempt to interfere with the proper working of the Portal or any Instruction being conducted through the Portal. When registering for and using the Portal, you must: provide us with true, accurate, current and complete evidence of your identity, and promptly update your personal information if and when it changes; provide us with any identity documentation as may be requested by us; provide us with details of one or more accounts and/or Payment Instruments; and provide us with true, accurate, current and complete information as we indicate on our Website is required to use the Portal and any other information which may be required in relation to you, any Sender or any Payee. You must take reasonable steps to keep the details you use to access the Portal safe and to prevent their fraudulent use. These steps include: disguising those details if you write them down and keeping them out of sight of third parties who should not have access to the Portal or (if applicable) your Digital Money Account. not sharing those details with anyone else, unless they are a Third Party Provider that you have authorised to give Payment Instructions on your behalf and/or to access your Digital Money Account, and they need those details in order to provide these services to you; and following any reasonable instructions which we give you or publish in our Portal or on our Website from time to time and which are intended to help you keep your use of our Services safe. You must only use the Portal to send money, E-money or Airtime Top Up to people that you know personally, and not to pay for goods or services from third parties you do not know and trust. If you choose to pay third parties for goods and services using our Services, please note that we have 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 Portal and our Services is entirely at your own risk. You must only act on your own behalf. You may not submit an Instruction or receive a Transaction on behalf of a third person. You must not use the Portal to send Transaction Amounts in connection with illegal activity including but not limited to money-laundering, fraud and the funding of terrorist organisations. If we reasonably believe you are using the Portal or our Services in connection with illegal activity or for any fraudulent purpose, or are permitting a third party to do so, we may report you to the appropriate legal authorities. When using the Portal, Digital Money Account or our Website or when interacting with us, with another user or with a third party, you must do the following: comply with the terms of your Agreement with us as well as any applicable laws, rules or regulations; provide confirmation of any information you provide to us, including proof of identity; co-operate in any investigation that we reasonably carry out, or that is carried out by any law enforcement agency, government agency or regulatory authority; not create more than one registration without our prior written permission; not provide false, inaccurate, or misleading information; not use an anonymising proxy (a tool that attempts to make activity untraceable); and not copy or monitor our Portal or Website using any robot, spider, or other automatic device or manual process, without our prior written permission. If you have any problems using the Portal, Digital Money Account or our Website, you should contact us without delay through the channels listed at the end of these Terms and Conditions. If you suspect or become aware that the details that you use to access the Portal or your Digital Money Account, or that money in the Digital Money Account, has been lost, stolen, compromised, used without your authorisation, or used fraudulently, you must contact us immediately through the channels listed at the end of these Terms and Conditions. Provided it would not be unlawful for us to do so, and it would not compromise reasonable security measures, we will contact you by phone or email if there is an actual or suspected fraud affecting your use of the Portal, any money we hold to your account (including in your Digital Money Account), or a security threat affecting the Portal, your money or your Digital Money Account. Nothing in the Agreement or in any other information provided by International money Remit as part of the services covered by the Agreement is intended to be, nor should it be construed to be, legal or other advice. You must consult your own professional advisers as to the effects of laws which may apply to the Agreement and the services under it. PAYMENT REQUESTS You must not submit Payment Requests to people you do not know personally. When you submit a Payment Request, you are requesting that we process the Payment Request on your behalf and you are consenting to us contacting the Sender for these purposes. Your Payment Request will be treated as being received by us once you submit it to us using the Portal. When we send a Payment Request by SMS text message to a Sender on your behalf, we may use the mobile telephone number associated with your account for this purpose (i.e. the Payment Request we send will show as being sent from your mobile telephone number). Cancellation of Payment Requests Once we have received your Payment Request, you cannot cancel it. In such circumstances you must contact the Sender separately, and explain that you want the Payment Request to be treated as cancelled. If a Sender asks us to cancel a payment to you after they have initiated the payment, you must co-operate with us in order to return the payment to the Sender. This may include you refunding the amount to us or to a third party of our choice (including but not limited to the Sender or their payment service provider). Where a Sender makes a request for a refund which we are obliged to process, we can remove funds from any money we hold to your account (including in your Digital Money Account) which are equal to the amount of the refund. If a payment service provider tells us that they have made a payment to us for your account (or into your Digital Money Account) by mistake, we are obliged to co-operate with them and help them recover the mistaken payment. We must provide them with all relevant information they need to collect the payment. If the Sender's payment service provider is unable to recover the funds from us and the Sender asks them to do so, the Sender's payment service provider will provide all relevant information they have to the Sender so that the Sender can claim repayment. This information will include your name and contact address. If we ask you to do so, you must without delay refund to us or a third party of our choice any payment you receive using our Services, where we reasonably believe that the payment: resulted from unauthorised use of the Portal by you or someone else, or use of the Portal by you in contravention of your Agreement with us; or is connected with illegal, fraudulent or Prohibited activities carried on by you or someone else. MAKING PAYMENTS When you give us a Payment Instruction, you are requesting that we process the Transaction on your behalf and you are consenting to the execution of the Transaction. Your Payment Instruction will be treated as received by us once you submit it to us using the Portal. It is your responsibility to make sure all the details are accurate before you give us a Payment Instruction. Once we have received a Payment Instruction, it is not normally possible to change any details of that Payment Instruction. You will be given the opportunity to confirm a Payment Instruction before submission and you must check the details carefully. The total amount (the Transaction Amount, Service Fee and other applicable fees and charges) that you will must pay and the relevant exchange rate selected by us will be displayed clearly in the Portal before you are asked to confirm your Transaction. There may be times when we have to convert a payment into or out of your Digital Money Account from one currency into another. This could happen when: you pay or receive a Transaction Amount in one currency and the Payout Amount is in another currency; there is a payment to your Digital Money Account in one currency and your Digital Money Account is denominated in another currency; you change the denomination of the E-money held in your Digital Money Account from one currency into another currency; or you transfer E-money from your Digital Money Account in one currency and the Payee's Digital Money Account is denominated in another currency. In each case, there will be a difference between the exchange rate at which we buy foreign currency and the exchange rate provided to you. International Remit and its Service Providers usually make a small profit in these circumstances. In the case of a Transaction, we will pay you the Payout Amount we confirm to you in local currency. Likewise, in the case of a payment to your Digital Money Account, we will issue E-money for the amount we confirm to you, in the currency in which your Digital Money Account is denominated. The margin taken on foreign currency exchange covers our risk that exchange rates may change between the time we confirm the Payout Amount (or the amount we will issue in E-money) and the time we make the payment (or issue the E-money). 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. We will have no responsibility for any fees or charges you may incur by the use of a particular account or Payment Instrument to fund a Transaction. These may include but are not limited to unauthorised 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 our Services as a cash transaction rather than a purchase transaction.