INTERNATIONAL MONEY EXPRESS (IME) LIMITED ONLINE REMIT USER AGREEMENT

Transcription

1 INTERNATIONAL MONEY EXPRESS (IME) LIMITED ONLINE REMIT USER AGREEMENT This User Agreement is version 1.01 and is effective from This Agreement Between International Money Express (IME) Limited (hereafter referred to as IME / Us / We )whose registered address is Pentax House, South Harrow, Middlesex, HA2 0DU, United Kingdom and its customers who intend to transfer money using IME Online Remit System (hereafter referred to as Customer / You / your ) provides information about the steps that customers must take, follow and agree if they intend to use IME Online Remit Service We will be unable to provide a remittance service to you unless you first register with us. If you wish to register with us, the IME Online Remit System will first ask you to enter this Online Remit User Agreement (the Agreement ) with us. This Agreement will govern your use of IME Online Remit Service Web site and the services which we make available to you over the internet. Before you complete your registration with us, we will ask you to read this Agreement and indicate that you agree to the terms contained within it Once you accept the terms of it, by ticking the acceptance box, you will be in a contractual relationship with us which has legal consequences. IT IS THEREFORE IMPORTANT THAT YOU READ AND UNDERSTAND THIS USER AGREEMENT BEFORE YOU AGREE TO ITS TERMS DEFINITIONS A. Bank Card means a Visa or MasterCard debit or credit card issued by a Bank or building society in UK. B. Card issuer means the issuer and owner of the bank card. C. Prohibited Purpose means any unlawful purpose. D. Sender means the person who is sending money using IME online remit system. E. Beneficiary means the person identified as the receiver of the transaction. F. Transaction means each money transfer initiated using IME Online Remit System. G. IME Online Remit System means the service operated by IME offering online money transfer to you via our website. H. The Service means the money transfer transactional service offered by us under the trade name or service marks IME, IME Remit, or any other name, trade name or service that we may designate. 1

2 1. ABOUT IME ONLINE REMIT SERVICE 1.1 IME Online Remit Service allows its customers in the UK to send money worldwide, by providing electronic payment instruction to IME over the internet. Payment may be made by debit card, credit card or bank transfer. You may be asked to pay a certain charge for this service by the card issuer. Or in the case of a bank transfer by the bank. Once we have received authorisation from the card issuer that the transaction can proceed or in the case of a bank transfer the funds have been satisfactorily credited to our account, we will proceed with the transaction and make funds available for collection at IME s counters and Agents worldwide. You can view the details of our pay-out locations, their working days & hours from our website We attempt to provide accurate and complete information on our website however you agree that we will not be responsible for any inaccurate or incomplete information that may be published on it. 1.2 Funds will usually be available for collection by the beneficiary within minutes of your transaction being authorised or the funds transferred to us by you being received, this being subject to the opening days/hours and time zone difference of the pay-out destination. In some countries and for account credit mode it may take 3-5 working days. On the first occasion a new customer uses the IME Online Remit System it may take 12 hours due to the registration process which all customers have to undertake. Delays and local restrictions may apply in some cases. If there is any restriction or delay, this will be clearly stated on our website. The information confirming the approximate collection time will be provided almost immediately after you have made your transaction. 1.3 Money transfers will normally be paid to the beneficiary in cash and will be paid in local currency but some Agents may pay by cheque or a combination of cash and cheque. In some countries payment will be available in US dollars or in other currency. Information concerning the collecting amount and currency will be available in the system. All payments are subject to availability, the intended recipient presenting valid identification together with the IME Reference Number provided at the time the transaction is made and any other conditions applicable at the IME pay-out Agents location. In limited circumstances, payment of a money transfer may be subject to local taxes and service charges. 1.4 We will only accept your payment in British Pounds (GBP). We will convert your transferred amount from British Pounds (GBP) to the currency required at our rate of exchange which is clearly displayed on our website. Our exchange rate can change at any time without prior notice. Information about the exchange rate is available on our website or can be obtained by calling our customers helpline number The exchange rate quoted is applicable for real time only. 2

3 1.5 You can check and make enquiries of your transaction online. Once you have logged on to our website the status of the transaction can be checked in the Transaction Report menu... You can also make enquiry about your transaction status by visiting any of the IME s Agents location but when doing so you should provide your IME Reference Number and proof of your identity When using our service, you should bear in mind that you may incur charges imposed by your card issuer or bank in addition to our service fee. 1.7 You agree that we take no responsibility towards you for: (a) any goods or services which you pay for by using the IME Online Remit Service (b) errors in communication facilities which cannot reasonably be considered to be under our control and which may affect the accuracy or timespan of messages you send to us; (c) any delays or losses in transmission of messages arising due to the use of any Internet access service provider or caused by any browser or other software which are not under our control; (d) the services provided to you by your card issuer or bank; (e) third parties viruses (f) errors on the Site or with the IME Online Remit Service caused by incomplete or incorrect information provided by you or a third party; (g) any interception or unauthorised use of any message or information before it reaches our website; or (h) Any unauthorised access or use of data relating to you or your transactions held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data). (a) we are unable to obtain complete and satisfactory proof of your identity or when requested the source of funds being sent or any other information which we may request of you in order to comply with our legal requirements; (b) we have reason to believe that the transaction message is unauthorized or forged; incorrect, (c) you provide us with incorrect or incomplete information or if your transaction 3

4 message is not given to us sufficiently in advance to allow for timely provision of the requested transaction; (d) your card issuer does not authorise your use of your card for payment of the transaction and our related charge or we do not receive your funds into our bank account or (e) We have reason to suspect that the monies being transferred represent criminal property, are linked to terrorist funding or are in any way in breach of Anti Money Laundering regulations or any other relevant law. 1.8 We have no obligation to initiate or perform a money transfer or other transaction as part of the IME Online Remit Service to you if: 2. PAYMENT FEE AND CHARGES 2.1 For each transaction you make with us, you agree to pay us a service fee determined by us together with any other charges which may be applicable as listed on our website. 2.2 The list of the service fees currently applicable to a transaction is contained on our website. However these service fees may change at any time without prior notice. If a service fee changes after you have submitted a transaction to us the service fee applicable at the time you made the transaction will continue to apply. 2.3 Your transaction will be complete and will proceed once we have received full payment from you. If for any reason your transaction proceeds and we do not receive payment from you agree to reimburse us for the full amount of the transaction and any fees incurred. 2.4 In order to collect payment from you, you authorize us to access, charge, or debit funds from any of the payment methods provided to us in connection with your use of the service. You represent and warrant that you are the lawful owner of the bank account attached to any payment method notified by you. 2.5 In conducting the transaction we are not responsible for any fees or charges that are imposed upon you by your card issuer or bank, for whatever reason, 3. CANCELLATION AND REFUND 3.1 You have the right to cancel your agreement with us at any time after you indicate your acceptance of its terms. This right of cancellation continues for a period of fifteen days from 4

5 the day after your acceptance of IME Online Remit Terms and Conditions. In addition you have the right to cancel or terminate this Agreement or a transaction as detailed at 3.4 below. You may cancel your agreement with us by: ing to imeuk@imeremit.com Writing to IME at IME Limited, Pentax house, South Harrow, Middlesex, HA2 0DU Telephoning on or Sending fax on If you cancel the Agreement before making a transaction with us, your contract with us will terminate and you will not be able use the IME Online Remit System to make any transaction. In this case we will not charge you any cancellation fee. 3.3 If you cancel the Agreement after you have initiated a transaction with us, we will refund the payment made but: We will make a cancellation charge equivalent to the service fee if notice of cancellation is received within 24 hours of you initiating the transaction or if later than 24 hours after initiating the transaction the service fee plus an additional 10. We will not be able to make a refund if the transaction amount has been paid to the beneficiary before we received the notice of cancellation. It may take 5 to 7 working days to refund the payment. 3.4Your right of cancellation under the laws relating to online contracts is in addition to your contractual right to terminate your Agreement with us, in addition to your contractual right to receive a refund in certain cases. Under the terms of this Agreement, you may terminate your Agreement with us by giving one day s notice using any of the methods of cancellation detailed at 3.1 above. We also have the right to terminate the Agreement on the giving to you of one days notice and reserve the right to terminate the Agreement with you without the giving of any reason. 3.5 In addition, you may cancel transaction in the manner described at 3.1 above and receive refund of the amount paid subject to the cancellation charges detailed at 3.3 above and also subject to the transaction amount not having been paid to the beneficiary by the time notice of cancellation is received by us. However if you cancel a transaction as a result of us requesting further information from you in accordance with our Anti Money Laundering policy then an admin fee of 50 will be payable and the service fee will also not be refunded. These fees will be deducted from the amount to be refunded and credited to your account within 5 7 working days. 5

6 4. PROBLEMS, COMPLAINTS AND CUSTOMER SERVICE 4.1 Please feel free to tell us if you have any problems with our service. We will try to resolve your problem as quickly as possible. 4.2 If you notice any error or encounter any problem related to our Online Remit System or if you have any comment or complaint you can contact us by on or can call us on You can also send us your written feedback by post to: International Money Express (IME) Limited Pentax House, South Harrow, Middlesex, HA2 0DU 4.3 If you are not satisfied with our response to your complaint or if we have not finished investigating the complaint you raised within 8 weeks, you will be able to refer your complaint to the Financial Ombudsman Service whose address is South Quay Plaza, 183 Marsh Wall, London E14 9SR, telephone number , ;complaint.info@financial-ombudsman.org.uk. More information can be obtained about the FOS by visiting their website at and by downloading the booklet Your complaint and the Ombudsman. 5. REGISTRATION 5.1 In order to use IME Online Remit Service, you must first register with us via the internet by submitting the details and information requested. In addition, you must accept the terms of this Agreement prior to completing your registration. As part of the registration process, we will ask you to provide certain information which you need to submit in the correct format, if not the system will ask you to re submit the details 5.2 We are required by law to obtain satisfactory evidence of your identification before providing our money remittance service to you, this forms part of your registration process and is an Anti-Money Laundering requirement. If we are unable to obtain satisfactory evidence of your identity, we will be unable to provide you our service and will terminate your account and contract with immediate effect. 5.3 In addition there may be occasions when certain threshold levels of transactions made by you are reached (the level of which may vary from time to time). If this occurs we shall require from you other additional information either about yourself, the beneficiary, the relationship between you both & the source of funds. Again if this information is not supplied to us in a satisfactory form we will be unable to provide you our service & may terminate your account & contract with immediate effect. 6

7 6. SECURITY AND PASSWORD 6.1 After the successful completion of the registration process, the system will provide you with a password and your own account; you will then be able to use your username (your address) and password to access theme Online Remit System. You can change your password at any time simply by clicking the change password button. 6.2 You are responsible for maintaining the confidentiality of your username and password. You are fully responsible to us for all activity and transactions that occur under your login details. You agree to immediately notify us by calling us on of any unauthorized use of your account and login details or when you become aware that the details have been accessed by a third party. 6.3 Once we receive information from you that there is unauthorized use or access of your username and password we will take immediate step to prevent these details from being used. Subject to our taking such steps we will not be liable for any loss or damage caused to you arising from such unauthorised use. 7. RESTRICTION 7.1 We reserve the right at our discretion to refuse any transaction or limit the amount to be transferred on any transaction. Any such refusal or limitation may be imposed on individual accounts, linked accounts, or on beneficiaries at our sole discretion.. We reserve the right at any time, and from time to time, to modify or discontinue the service (or any part thereof) with or without prior notice. 7.2 Your Transaction may be delayed due to circumstances outside our control such as regulatory controls or currency availability, it may be delayed or cancelled in the course of our continuing obligation to verify your identity, to validate your transaction instructions and payment methods, to contact and locate you, and to otherwise comply with applicable law. However, you may be entitled to a refund in certain circumstances, as described in this Agreement. 7.3 You may not use the Service in violation of this Agreement or applicable laws, rules and regulations, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, corruption, bribery the funding of terrorism and terrorist organizations or in contravention of any criminal or civil legislation or the proceeds thereof. 7.4 We may, at our discretion, refuse transactions from certain Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, and such other lists as may be issued from time to time by the UK Government, U.S. Department of Treasury and other government agencies. 7

8 7.5 You may not submit a transaction on behalf of any other person. If you intend to submit a transaction on behalf of a business or other non-human entity, you must inform us of your desire to do so. You agree to provide us with additional information about any such entity, as requested by us. 7.6 We generally do not let you change the details of your transaction once it has been submitted to us for processing. It is your responsibility to ensure your transaction details are accurate. However in limited circumstances you may change the details of the receiver by contacting our customer service department. We may not be able to change the detail of the beneficiary if the transaction has already been paid or we may exercise our sole discretion to refuse to do so. 7.7 In connection with your use of our website or the Service, or in the course of your interactions with us, a user or a third party, you will not: (a) Breach this Agreement, or any other agreement between you and us; (b) Establish more than one registration, without our prior written permission; (c) Provide false, inaccurate, or misleading information; and (d) Refuse to cooperate in an investigation or provide confirmation of your identity or any other information requested by us. 8. GOVERNING LAW 8.1 Our Agreement with you is governed by the Law of England & Wales. The courts of England & Wales have exclusive jurisdiction to settle any dispute arising from or connected with these Terms and Conditions. 9. SEVERABILITY 9.1 In the event that any one or more of the provisions of this User Agreement shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable 10. DATA PROTECTION 10.1 To ensure that your bank card is not being used without your permission or authority or contrary to anti money laundering and other regulation, we may validate your name, address and other personal information supplied to us during the registration and order process against appropriate third party database. 8

9 10.2 You permit us to disclose the personal information we hold to a credit reference agency that may keep a record of the information. This is done only to confirm your identity and a credit check will not be performed... All information provided by you will be treated securely and strictly in accordance with the Data Protection Act INTELLECTUAL PROPERTY 11.1 The IME Online remit site and Service, the content of the website, text, graphic, logos, images 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 International Money Express (IME) Limited and its sister organization. All right, title and interest in, to & of the IME Online Remit Service shall remain our property. IME Online Remit Service may be used only for the purposes permitted in This User Agreement or as described on the web Site. You are authorized solely to view and to retain a copy of the pages of the IME Online Remit service Site 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 World Wide Web, or in any way distribute or exploit the IME Online Remit 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 IME Online Remit service and system; and/or (b) Remove or alter any copyright, trademark or other proprietary notice or legend displayed on the IME online remit site (or printed page thereof). Other product, service and company names appearing on the site may be trademarks of their respective owners. 12. MISCELLANEOUS 12.1 This User Agreement constitutes the entire agreement between yourself &us & governs your use of the Service, superseding any prior agreements between us Our failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give appropriately valid effect to the intention of the User Agreement as reflected in the provision concerned & the other provisions of the User Agreement shall remain in full force and effect We may modify or amend this User 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 User Agreement at any time by accessing this website. You may terminate your use of the Service if you do not agree to any modification or amendment made to it. If you use the Service after the effective date of any modification or amendment you shall be deemed to have 9

10 accepted that modification or amendment. You agree that you shall not modify or amend the terms of the User Agreement and you acknowledge that any attempt by you to do shall be void. 13. COMMUNICATION 13.1We will generally communicate with you via the internet and by . This does not affect your right to communicate with us by any of the means described in clauses 3.1, 4.2 or we shall use electronic media to provide you the information about (a) this User Agreement and any amendments or modifications to it, (b) your transaction status and record, (c) initial and any subsequent information or notice about the service provided including any such information or notice required by legislation or regulation, (d) customer service communications including but not limited to communications regarding use of the system either authorised or unauthorised and any errors involved in the service or communications, (e) any other communication relating to International Money Express (IME) Ltd and IME Online Remit Service We commit to ensuring your privacy is protected at all times when you communicate electronically with us All communications with us will be conducted in the English language only. 14. CONTACT INFORMATION For any further information please contact: International Money Express (IME) Limited Pentax House, South Harrow, Middlesex, HA2 0DU Phone: (+44) imeuk@imeremit.com 10