THE TERMS AND CONDITIONS OF BUSINESS STATED BELOW EXPLAIN YOUR (“the Sender”) RESPONSIBILITIES TO US (“Access Finance Limited ”), THE RESPONSIBILITIES AND OBLIGATIONS OF ACCESS FINANCE LIMITED TO YOU THE SENDER, HOW AND WHEN THE CONTRACT WITH THE SENDER CAN BE TERMINATED AND THE
EXTENT OF LIABILITY TO THE SENDER. YOU MUST READ AND ENSURE THAT THE TERMS AND CONDITIONS ARE UNDERSTOOD BEFORE ACCEPTANCE. BY AGREEING TO USE THE MONEY TRANSFER SERVICES OF ACCESS FINANCE LIMITED, YOU ARE ACCEPTING THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS AND THAT YOU ACCEPT THEM IN THEIR ENTIRETY.
“Access Finance” refers to the UK registered entity that will offer money transfer services in the UK and overseas and hereinafter referred to “Access Finance”
“Bank Card” refers to a Visa or MasterCard credit card, or a debit card.
“Business Day” means any day on which Access Finance are open for business for the execution of Transaction Requests and/or Payment Requests.
“Destination Country” means the country in which the Payee receives money.
“Instruction” means a Payment Request and/or a Transaction Request.
“Payee” means someone who receives money through the Service.
“Pay out Amount” means the amount paid out, after any foreign exchange conversion, to the Payee’s account exclusive of the Service Fee.
“Recipient” means a Payee.
“Sender” means someone who uses the Service to send money.
“Service” means online money transfer.
“Service Fee” means Access Finance fee plus any additional charges or Local Taxes applicable to each Transaction. “Service Provider” means local bank, money exchange house, or other third party service providers (e.g. mobile network operators) in the Destination Country with whom Access Finance works to provide the Service.
“Transaction” means the transfer of money.
“Transaction Amount” means the amount of 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 Data” means all information furnished by the Sender in carrying out the transaction request including but not limited to the name of payee, sender’s own name, county of residence, contact details.
“Transaction History” means the record of your Transactions on our website which you may access using your email and password registration details.
“Transaction Request” means a specific instruction from the Sender to use the Service.
- OUR OBLIGATIONS
Subject to these Terms and Conditions, Access Finance shall use reasonable care and skill in providing the remittance service.
- Access Finance 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. The Sender acknowledges that the Service may not be available, in whole or in part, in certain regions, countries, or jurisdictions.
- Delivery times quoted on our service levels notifications or elsewhere on our website are merely indicative and representative for the “normal” / average Service and are not a guarantee of an individual Service or Transaction time. Access Finance shall not be liable in the event that the particular Service deviates from the quoted delivery times.
- Unless a later date is specified in the application, Access Finance shall seek to execute the transaction on the business day that the Bank receives the transaction request. The Sender acknowledges that 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 the Sender’s Transaction instructions; to contact you; or due to variations in business hours and currency availability; or otherwise to comply with applicable laws.
- Upon the Sender’s request, Access Finance shall use reasonable efforts to cancel or stop a Transaction. The acceptance of the cancellation instructions shall not be a guarantee that Access Finance will be able to stop the transaction. Access Finance and other service providers as defined in this agreement shall not be responsible if the transaction is completed after the receipt of the cancellation instructions. A cancellation or other return of funds may involve a currency conversion, and the Sender shall bear any related loss, charges, costs and expenses of any kind resulting from such currency conversion.
- The Sender bears responsibility for the accuracy of the instructions given. Access Finance c and/or any of its Service Providers may act on incomplete or inconsistent instructions if it is reasonably believed that it can complete or clarify such information without referring to the Sender. Should the Sender suffer any loss in consequence thereof, Access Finance and/or the Service Provider shall not be liable to the Sender.
- Access Finance may send and receive notifications in relation to Transactions by email, SMS or other instant messaging platform it may choose in its discretion. Information will be provided after receipt of a Transaction Request enabling the Sender to identify the Transaction, along with details of the amount of the Transaction in the currency used in the Transaction Request.
- Access Finance will endeavour to provide the Sender and Recipient/(s) with up to date information regarding the location and opening hours of our Service Providers by means of information on the website. However, the Sender agrees that Access Finance 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
- Access Finance reserves the right to accept or reject (with no obligation to provide reasons), any instruction to execute any Transaction and it will not be liable in any way for declining any such instruction or for withdrawing, terminating or restricting our services to the Sender in any way. These Terms and Conditions shall, however, apply to any instruction which Access Finance choose to accept.
- Access Finance does not assume any liability for the loss of data or the delay in transmissions caused by using an Internet service provider or a browser or other software over which it has no control, or the services provided by the Sender’s Card Issuer;
- Notwithstanding any prior agreement to initiate a money transfer, Access Finance is under no obligation towards the Sender to initiate or execute a money transfer (and shall have no obligation to disclose the reasons thereof) if:
- Access Finance is unable to obtain sufficient evidence of the Sender’s identity;
- Access Finance has reason to believe that the Transaction information is incorrect, unauthorised or forged;
- the Sender provided wrong or incomplete information, or the Transaction information is not received in a timely manner in order to guarantee the timely execution of the requested money transfer;
- the Sender’s Card Issuer does not authorise the use of the Bank Card to pay for the Transaction and Access Finance’s fees;
- Access Finance reasonably believes that the Transaction is in breach of any law or may be prohibited or result in Access Forex being in breach of any law, rule of practice, conditions of its registration or obligations under any agreement with third parties; oror any other valid reason.
- YOUR RESPONSIBILITY TOWARDS US
- The Sender undertakes to pay the fees and charges due to Access Finance for every money transfer which is requested to be initiated through the remittance service.
- The Sender undertakes to settle the basic amount of a money transfer plus any fees due with a Bank Card or from the Sender’s bank account. The Sender consents to the basic amount of the money transfer plus Our fees for the respective Transaction being cleared by its Card Issuer, or alternatively for the amount to be transferred from the Sender s bank account, to Access Finance, prior to Access Forex executing the transfer or any other Transaction.Prior to the final authorisation of the Transaction the Sender will be notified of the precise amount which Access Forex will clear with the Sender’s Card Issuer or which Access Finance will debit from the Sender’s bank account.
- The Sender acknowledges the following:
- The information provided in order to effect an online money transfer is true, accurate, current and complete;
- All Transaction data (amount of money, Sender’s name, Sender’s country, name of Recipient) must only be shared with the Receiver only and no other person. The Sender shall ensure that no third party can gain unauthorised access to this information. It is recommended that the Sender transfers money only to beneficiaries that are known personally to the Sender;
- The Sender shall not use the Access Finance Online Service for illegal purposes nor violate any laws in the
- The Sender shall not use the Access Finance Online Service for Prohibited Purposes;
- The Sender is responsible for maintaining security of the password where one is given. Access Finance will not be liable for any loss of damages from failure to comply with this security obligation. The Sender consents to and acknowledges that Access Forex may make efforts to verify the Sender’s identity and may make such enquiries as it may deem appropriate in its entire discretion.
- If the Sender finds out that the remittance has not been received by the Recipient within reasonable and acceptable time frames communicated by Access Finance , the Sender shall inform Access Finance immediately in order for Access Finance to track the funds and inform the Sender of the result of the investigation in due course.
- The Sender consents to and acknowledges that Access Finance may forward any particulars about the Sender, as well as information concerning the Services rendered to the Sender, if necessary, to regulatory or government authorities or their bodies if:
- the law requires Access Finance to do so; or
- Access Forex reasonably believes that such disclosure may assist in the prevention of fraud, money laundering or other crimes.
- APPLICABLE LAW
- These Terms and Conditions and the entire relationship between us are governed by and shall be interpreted in accordance with the laws that govern the United Kingdom . Any dispute between us relating to the Terms or the Contract will be dealt with in the courts in the United Kingdom..
- Access Finance shall be entitled to recover from the Sender all its legal costs, on an attorney and client scale, incurred in the investigation, defending, attending to any regulatory inquiries or any legal proceedings arising from the Service provided by Access Finance to the Sender.
- LEGAL AND REGULATORY COMPLIANCE
- Access Finance and other service providers are subject to the laws, orders, requests and guidelines of various governmental and self-regulatory authorities and also to the respective policies and procedures adopted and governing the Service Providers relating to, without limitation anti-money laundering, counter terrorism financing, security, diplomatic, trade, financial, economic and other embargoes and sanctions; court orders; investigations; taxes; transaction review and monitoring; and reporting requirements. In seeking to comply with such regulations and policies, Access Finance may suspend, reject or block the remittance; restrain, deduct impound and/or turn over to an authority the Sender’s funds in respect of the transaction; report the transaction, its details and those of theSender to one or more authorities; and take or forbear from taking any other action. The Sender shall bear the risk of any delay or losses relating to any and all actions or forbearance from action and shall indemnify Access Finance.
- In order to maintain compliance with anti-money laundering controls and laws, Access Finance may, at its sole discretion, request additional information pertaining to the source of funds, prior to the funds being sent. Failure to comply with request may result in the Sender’s Transaction Request being declined.
- FORCE MAJEURE
- Access Finance may suspend or terminate the execution of the remittance as a result of any force majeure event, which, without derogating from its meaning as used in commercial terms, shall include, without limitation to any change in regulation or in the interpretation or enforcement of any regulation; act, order or request of any authority; restriction or impending restriction on the availability, convertibility, credit or transferability of any currency; malfunction of a computer system; failure or default of a vendor to the Institution; any failure in the transmission of or miscommunication with respect to the transaction request; or any event beyond the reasonable control of Access Finance and the service providers.
- The sender shall bear the risk of any delay and losses relating to a force majeure event.
The Sender consents to Access Finance disclosing to its affiliates, Service Providers, insurers and professional advisors, and as required by regulation, the information that the Sender furnished in the Transaction Request.
- LIMITATION OF LIABILITY
- Access Finance shall not be liable to the Sender for any loss that the Sender may incur or otherwise suffer, however arising or described and whatever the legal basis of the liability in connection with Access Finance’sʼ provision of the Service unless the loss was caused by fraud, gross negligence or wilful misconduct on Access Finance’s part.
- Access Finance shall not be liable for any indirect or consequential loss or loss of profit whether or not they were foreseeable. Access Finance shall not be responsible for any loss the Sender may suffer or incur in connection with any act or omission of a Service Provider. Where Access Finance is liable, its liability shall not exceed the amount of the remittance made by the Sender plus any fees or charges paid to Access Finance .
- The Sender indemnifies Access Finance and its service providers against any and all losses that Access Finance may incur or otherwise suffer in connection with the Service, except to the extent that the losses resulted from fraud, gross negligence or wilful misconduct on its part.
- CHANGE IN SERVICE AND PRICE
- Access Finance reserves the right at any time, and from time to time to modify, discontinue, temporarily or permanently any part of the Service with or without notice.
- Prices, fees and charges may change at any time. The notice shall be posted on the online service platform, or on the website of Access Finance . The Sender must regularly change for the updated information.
- Access Finance shall not be liable to the Sender or any third party for any modification, price change, suspension or discontinuance of the Service.
- CHANGE IN THE TERMS AND CONDITIONS
Access Finance reserves the right to update and change these Terms and conditions without notice. Any such change or update shall be uploaded to the website of Access Finance . The Sender is required to read these terms and conditions each time the Sender intends to use the Service to familiarise himself/herself with the Terms and Conditions. 10.2 None of the employees, agents, contractors or Service Providers of Access Finance have any power or authority to waive or suspend any part of these Terms and Conditions set out herein. Any such waiver or suspension of the operation of these Terms and Conditions shall be of no force and effect.