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Terms and Conditions – SendWise

IT IS IMPERATIVE YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. THEY CONTAIN LIMITATIONS ON THE SCOPE OF OUR OBLIGATIONS TO YOU, AS WELL AS LIMITATIONS AND EXEMPTIONS FROM OUR LIABILITY TO YOU FOR DAMAGE THAT YOU MAY SUFFER AS THE RESULT OF A SENDWISE ONLINE MONEY TRANSFER.

Definitions
1. “Business Day” refers to a day that is not a Saturday or Sunday and on which banks are open for general business
2. “Delayed” refers to making fund available to the Receiver beyond the end of the Business Day following the Business Day on which the funds were received and outside the conditions stated in paragraph 11
3. “Exchange Rate” refers to the rate of conversation between the originating and destination currencies
4. “Fails” means paying to an account other than the one provided by the sender or not making payment outside the conditions stated in paragraph 11
5. “Fees” means the charges and fees we charge to you for the Money Transfer Service
6. “Payment Method” refers to the options available to the Sender to fund money transfer through the SendWise Online Service, which may include bank card, bank account and other payment methods.
7. “Profile” refers to records about every and any person using the SendWise Website as a Sender
8. “Prohibited Purpose” refers to any unlawful purpose; including but not limited to, the transfer or receipt of payment for illegal activities, the transfer of funds which constitute proceeds of crime or money laundering under the Proceeds of Crime Act 2002 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
9. “Receiver” refers to the person named as the beneficiary of the money transfer
10. “Sender” refers to the person who initiated a money transfer through the SendWise Online Service
11. “Transaction” refers to every money transfer that is initiated through the SendWise Online Service
12. “SendWise Online Service” refers to money transfer services which we provide through the SendWise Website or the SendWise Mobile Application
13. “SendWise Website” or “Website” refers to the Website which We operate in order to provide money transfer services and to the SendWise Mobile Application
14. “You”, “Yours” or “Your” refers to every and any person using the SendWise Website as a Sender.
15. We, us refer to SendWise

  1. Liability and Governing Law
    These terms and conditions are in accordance with the laws of England and Wales
  2. About Us
    The SendWise Online Service is offered by SendWise a trading name of Balogs Limited. Balogs Limited is registered in England & Wales as a limited liability company with registered offices at 2 , Wood berry Grove, Finchley, London, N12 0DR with Registration Number 08197475. SendWise is registered as Small Payment Institution (SPI) with Financial Conduct Authority, FCA (732508) and as Money Service Business by Her Majesty Revenue & Customer, HMRC (12860881).
  3. Our Services
    a. By using this service you consent to being at least 18 years old, of sound mind and have a legal capacity to enter into legally binding contracts.
    b. By completing and consenting to the information required to make a money transfer and by accepting these Terms and Conditions, the Sender instructs us to execute a specific money transfer. Every individual money order constitutes a separate agreement between SendWise and the Sender which is limited to the execution of a specific transaction
    c. The Senders is responsible for informing the Receiver of the money transfer.
    d. We accept to make funds available for collection to the Receiver at the latest the end of the Business Day following the Business Day on which the funds were received. The time of receipt is that time when we receive the funds to be transferred and the fees associated with such transfer.
    e. The SendWise Online Service provides direct payment to receiver‘s bank account. We will transfer the funds to the account information provided by the Sender. In the event of a discrepancy between the holder of the account number and the name provided by the Sender for the intended Receiver, the transfer will be delayed until we get clarification of matching account details.
  4. Customer Profile
    a. Prior to the first transaction, you would need to set up a “Profile” to use the SendWise Online Service. You will be required to provide a password and a valid e-mail address as your username. You will also provide us with sufficient proof of your identity.
    b. You are responsible of keeping your password and your username safe as well as all Transactions carried out using your password or your username.
    c. For all subsequent transfers you can use your existing Profile using your User ID and password to login. All information provided by you shall be stored in your Profile, and shall be maintained by us or our “Service Providers” (any company or companies engaged by us or our contractors) based upon the information supplied by you.
    d. NEVER SHARE YOUR PASSWORD WITH ANYBODY AND DO NOT WRITE IT DOWN ANYWHERE! You consent to notifying us immediately of any unauthorised use of your password or of your username or of any other breach of security, by emailing us at support@sendwise.org
    e. Once you have informed us of the unauthorised use of your password or your username we will immediately take all the necessary steps to prevent any further use of this information. We will inform you of such steps promptly after having taken them and give the reasons for such steps unless we are prevented from doing so for legal reasons.
    f. Prompting these steps does not make us liable for any loss or damage that are the result of your failure to comply with your duty in accordance with this paragraph. However, you might be entitled to the reimbursement or credit of a certain amount from your Card Issuer or Bank if your card or your account is used in a fraudulent manner.
  5. Termination of Profile
    We may, without notice except legal reasons and without liability to you, terminate or suspend your access to the SendWise Online Service at any time, including without limitation by giving you 10 days’ notice if:
    a.       You attempt to Transfer fund from an account that does not belong to you
    b.      You attempt use a debit or credit card that does not belong to you
    c.       We have reason to believe that the Transaction information is incorrect, unauthorised or forged
    d.      You use the Service or attempt to use it for any Prohibited Purpose
    e.      We receive contradictory claims regarding ownership of or the right to withdraw funds from a debit or credit card account
    f.        You provide incorrect or false information about your identity
    g.       You attempt to tamper, hack, modify or otherwise corrupt the security or functionality of the SendWise Online Service
    h.      We determine that your Profile is inactive for more than 180 Days or more
    i.         We believe that the Transfer is in breach of regulatory compliance
    j.        You have breached a term or condition of this Agreement, or any representation or warranty that you make under this Agreement is false
    If we close your Profile for any reason, we may, in our sole discretion not honour any request for transfer from you and cancel any pending transfer request.
    You may also opt to close your profile as a matter of Personal Choice. To close your Profile, you will contact us in writing at support@sendwise.org.
  6. Fees and Exchange Rate
    a. The amount SendWise charges the Sender for making a money transfer is shown to the Sender prior to completion of the payment order. The Sender shall bear all fees due to complete the money transfer
    b. Money transfer payments will normally be made in the currency of the destination country. All currency is converted at SendWise’s current rate of exchange. Exchange rates are adjusted several times daily in line with the relevant closing rates of global financial markets.
    c. The transfer amount will be converted at the time of the transfer and the Receiver will receive the local equivalent of the transferred amount as shown during the transfer process.
    d. SendWise will notify the Sender that the transferred funds have been made available to the Receiver by email and or SMS. Charges applied by the telephone service provider are the exclusive responsibility of the Sender. SendWise is not responsible for any charges associated with SMS messages.
  7. Conditions for Online Money Transfers
    We are under no obligation towards you to initiate or execute a money transfer if:
    a.       We are unable to obtain sufficient evidence of Your identity
    b.      Transfer is made from an account other than that of the Sender
    c.       We have reason to believe that the Transaction information is incorrect, unauthorised or forged
    d.      You use the Service or attempt to use it for any Prohibited Purpose
    e.      You have provided Us with wrong or incomplete information or we do not receive your transaction information in a timely manner in order to guarantee the timely execution of the requested money transfer
    f.        Your card Issuer does not authorise the use of your bank card to pay for the transaction and our fees.
    g.       If you have created a Profile, records of your transfers will be posted in your Profile section of our website. You may access the record at any time by logging in to your account
    h.      We consider such a step necessary to protect our own interests. If We refuse to provide the SendWise Online Service (in party or in full) to you for any of the above reasons, We will notify You accordingly if possible and give reasons for Our refusal unless We are prevented from doing so for legal reasons
  8. Transaction Limits
    There are limits on the amount you are able to send. We will inform you of what they are. We may refuse to conduct a transaction if we reasonably believe that:
    a.       By doing so we might be in breach of the law, regulation, code or other duty that applies to us
    b.      Doing so may raise compliance issue from the government or regulator
    c.       It may be linked with Prohibited Purpose
    Unless for legal reasons, we will inform you of the reasons for our refusal and how you can put right any errors that led to our refusal. We If you prefer except legal reasons we will return the money to you.
  9. Cancellation and Refund
    You may cancel a Transaction order in writing by e-mail or SMS sent to us provided that we have not yet paid out the funds to the Receiver prior to receiving your notice of cancellation. In this circumstance we will refund to you the exact amount less bank charges on our bank account.
  10. Your Liability and Responsibilities Towards Us
    a.       You agree to comply with these Terms and Conditions as well as with any applicable laws, rules and regulations
    b.      You consent to being at least 18 years old, of sound mind and have a legal capacity to enter into legally binding contracts
    c.       You declare that the Fees for each Service we have provided to you have to be paid.
    d.      You agree to settle the net amount of a money transfer plus our fees with acceptable payment method. Prior the final authorisation of the transaction we will notify you of the precise amount which we will clear with your card Issuer or which we will debit from your bank account.
    e.      You consent to and acknowledge that the information provided in order to effect an online money transfer is true, accurate, current and complete
    f.        You shall not use the SendWise Online Service for Prohibited Purposes or attempt to tamper, hack, modify, or otherwise corrupt or circumvent the security or functionality of the Website and the Application or to infect it with any Malicious Code
    g.       You are personally responsible for keeping your password and your username safe
    h.      You will provide us with accurate, current, complete and true proof of your identity and any additional information or evidence we may require to confirm your identity and you consent to and acknowledge that we will make reasonable efforts to verify your identity.
    i.         You consent to and acknowledge that we may forward any particulars about you and about the services that we provided to you if necessary to regulatory or government authorities or their bodies. If we are obligated by law to do so; or we are of the opinion that such a disclosure may assist in the prevention of fraud, money laundering or other crimes.
    j.        You will supply us with all information and documentation we may ask in order to process your transfer and to comply with any legal requirements applicable to us or to our partners including but not limited to the Money Transfer Regulations and the Money Laundering Regulations 2007
    k.       You will update information you provide to us to keep it accurate, current, complete and true
    l.         You will transfer money only from your own credit, debit card or bank account and you will not submit a transfer on behalf of another person
    m.    You will not open more than one account with us
    n.      You will provide us with correct bank account details (name and number) of the beneficiary
    o.      You are responsible of informing the Receiver of the information he/she will need to provide in order for us to execute a money transfer through SendWise online service.
    p.      You will use the SendWise online 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 Services to make payments and we have no responsibility for the quality, safety, legality, or the delivery of such goods or services to you.
    q.      You understand and accept that we are legally obliged to retain information about our users and the transactions that we process for up to 5 years or as may be required from time to time by applicable law or by any regulatory authorities
    r.        All currency converted as part of the Service will be converted using our rate of exchange as available on the SendWise online or as may be communicated to you before we issue a confirmation
    s.       You will be liable to us for any loss which we may suffer or incur in relation to any fraud or fraudulent activity by you
    t.        You must contact us as soon as possible if you believe or suspect that a transfer of funds was not executed properly or that the amount has not been received or was only partly received
    u.      You will not request money transfers which violate these Terms and Conditions or any other restrictions of use or terms of use as set forth on the SendWise online service
  11. Limitations on Our Liability
    a.      SendWise Online Service is for persons 18 years and over and may not be used for prohibited purpose.
    b.      You may have a right to receive a refund or compensation under the Money Transfer Regulations if a money transfer you ordered is delayed or Fails
    c.       If we Confirm a transfer is delayed or fails and you are not entitled to a refund or compensation under the Money Transfer Regulations, we expressly limit our liability in respect of any such delayed or failed transfer to the amount of fund transferred and our fee.
    d.      We are not liable for the quality, safety, legality, or delivery of the goods or services that you pay for using the Services.
    e.      We shall not 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 acts, events, omissions or accidents beyond our reasonable control, including but not limited to where our failure to perform our obligations arise from Force Majeure Event such as:
    I.            Regulatory restrictions imposed by any government or state
    II.            The actions or omissions of the third parties
    III.            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 or limit our ability to act
    IV.            An act of God, natural disaster, explosion or accidental damage, war, threat of or preparation for war, terrorist attack, riots, industrial disputes, general disruptions to transportation, telecommunication systems, power supply or other utilities
    V.            Any Malicious Code interfering with the Service
    f.        Our performance under the contract shall be deemed 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 endeavours to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure event.
    g.      Nothing in this Agreement limits our liability for acting with gross negligence or fraudulently or otherwise excludes or limits our liability to the extent that we are unable to exclude or limit by law
  12. Complaints
    We value your comment as it helps us better our service delivery. Our internal complaint handling procedure allows you can make a complaint in writing to us regarding any aspect of SendWise online Service by e-mailing us at complaint@sendwise.org.

We will respond to complaint in writing within 5 working days. All complaints will be duly acknowledged and for any complaint we cannot deal with within this period, we will write to you and let you know when you can expect an answer from us. This may occur, for instance, if the complaint is of a complex nature.
If you are not satisfied with the manner in which we have dealt with your complaint or the outcome, you have a right to refer your complaint to the Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London E14 9SR, Tel No 0800 0234 567, Email: complaint.info@financial-ombudsman.org.uk

  1. Money Transfers and Payment Services Regulations
    The Payment Services Regulations 2009 governs the transfer of money to Receivers within the European Economic Area (being all members states of the European Union, together with Norway, Iceland and Liechtenstein), where the transfer of funds is carried out in Euros, Sterling or the currency of another EEA state which has not adopted the Euro as its currency. The Regulations regulate payment services, which have an electronic component and place payment services providers into certain categories as well as require certain payment institutions to be authorised by the FCA and to follow conduct of business rules.
  2. Our Right to Vary These Terms and Conditions
    We reserve the right to revise, amend or replace these Terms and Conditions from time to time.
  3. Third Party Rights
    A person who is not a party to this Agreement shall have no rights to enforce the provisions of this Agreement under the Contracts (Rights of Third Parties) Act 1999.
  4. Intellectual Property
    This web site is © 2019 sendwise.org. All rights reserved.
    The name SendWise, logo and other names, trademarks and service marks on this site owned by BALOGS LIMITED are registered in England. All other trademarks, service marks and trade name references on this site are the property of their respective owners.
    SENDWISE Trademark or logo contained in this site may not be used or copied without prior written permission from the Balogs Limited

 

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