Terms & Conditions
UAE EXCHANGE UK LIMITED ("UAE Exchange")
Customer Framework Agreement Terms and Conditions: Remit2India
These Terms and Conditions ("the T&Cs") and the Privacy Statement govern your use of UAE Exchange's Payment Services offered through the Website. You must accept and agree to abide by the T&Cs and acknowledge the content of the Privacy Statement before sending funds via the Website.
UAE Exchange has its registered office at Level 10, 1 Canada Square, Canary Wharf, London E14 5AB, UK. UAE Exchange is an Authorised Payment Institution and is authorised and regulated by the Financial Conduct Authority ("the FCA") under FCA Reference Number 504329. UAE Exchange is registered as a Money Service Business with HM Revenue & Customs as a Money Service Business under Registration Number 12161686.
1. DEFINITIONS:
1.1
For the purposes of the T&Cs, the following terms shall have the following meanings:
"Applicable Regulations" means all laws and regulations from time to time in force relating directly or indirectly to the provision of Payment Services including, without limitation, the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and the Payment Services Regulations 2017;
"Beneficiary" means the beneficiary of a Payment Instruction;
"Beneficiary Account" means the bank account shown on a Payment Instruction which the parties agree is the bank account of the Beneficiary to which the Pay-out Currency is to be sent by UAE Exchange;
"Pay-out Currency" means the currency used for the Payment and for such amount as shown on the Payment Instruction;
"Customer" means a person who UAE Exchange has accepted as their customer in accordance with the Customer Verification Procedures, and who has agreed to be bound by the T&Cs;
"Customer Verification Procedures" means UAE Exchange's anti-money laundering and know your customer verification processes;
"Delivery Date"is the date when UAE Exchange's bank is instructed to send the Pay-out Currency to the Beneficiary Account;
"Foreign Exchange" means (in respect of a Payment Instruction where the Pay-in Currency is different from the Pay-out currency) the exchange of a given amount of the Pay-in Currency for a given amount of the Pay-out Currency);
"Nominated Account" is the bank account nominated by UAE Exchange in the Payment Instruction for the receipt of funds from the Customer or as otherwise nominated by UAE Exchange from time to time;
"Online Account" means an account set up for the Customer by UAE Exchange which gives the Customer the ability to give Payment Instructions through the Website;
"Payment" means a payment by UAE Exchange to a Beneficiary Account by means of electronic transfer or any other mode communicated by UAE Exchange from time to time;
"Payment Confirmation" means UAE Exchange's confirmation of the Payment having been executed;
"Payment Instruction" is an instruction from the Customer for UAE Exchange to execute a Payment;
"Payment Instrument" is any device or agreed set of procedures enabling the Customer to access any accounts, obtain information on the Customer’s account or give Payment Instructions to UAE Exchange;
"Payment Services" means the money remittance services (and, where relevant, associated currency exchange services) provided by UAE Exchange in accordance with these T&Cs;
"Privacy Statement" means the privacy statement of UAE Exchange as available on the Privacy Statement section of the website: www.remit2india.com
"Pay-in Currency" means the currency deposited to Nominated Account prior to initiating a Payment Instruction;
"Website" means UAE Exchange's online platform accessible at www.remit2india.com for providing Payment Services and other facilities as made available from time to time;
"Working Day" is a day when UK clearing banks are open for business; "Working Hour" is an hour during a Working Day.
"Applicable Regulations" means all laws and regulations from time to time in force relating directly or indirectly to the provision of Payment Services including, without limitation, the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and the Payment Services Regulations 2017;
"Beneficiary" means the beneficiary of a Payment Instruction;
"Beneficiary Account" means the bank account shown on a Payment Instruction which the parties agree is the bank account of the Beneficiary to which the Pay-out Currency is to be sent by UAE Exchange;
"Pay-out Currency" means the currency used for the Payment and for such amount as shown on the Payment Instruction;
"Customer" means a person who UAE Exchange has accepted as their customer in accordance with the Customer Verification Procedures, and who has agreed to be bound by the T&Cs;
"Customer Verification Procedures" means UAE Exchange's anti-money laundering and know your customer verification processes;
"Delivery Date"is the date when UAE Exchange's bank is instructed to send the Pay-out Currency to the Beneficiary Account;
"Foreign Exchange" means (in respect of a Payment Instruction where the Pay-in Currency is different from the Pay-out currency) the exchange of a given amount of the Pay-in Currency for a given amount of the Pay-out Currency);
"Nominated Account" is the bank account nominated by UAE Exchange in the Payment Instruction for the receipt of funds from the Customer or as otherwise nominated by UAE Exchange from time to time;
"Online Account" means an account set up for the Customer by UAE Exchange which gives the Customer the ability to give Payment Instructions through the Website;
"Payment" means a payment by UAE Exchange to a Beneficiary Account by means of electronic transfer or any other mode communicated by UAE Exchange from time to time;
"Payment Confirmation" means UAE Exchange's confirmation of the Payment having been executed;
"Payment Instruction" is an instruction from the Customer for UAE Exchange to execute a Payment;
"Payment Instrument" is any device or agreed set of procedures enabling the Customer to access any accounts, obtain information on the Customer’s account or give Payment Instructions to UAE Exchange;
"Payment Services" means the money remittance services (and, where relevant, associated currency exchange services) provided by UAE Exchange in accordance with these T&Cs;
"Privacy Statement" means the privacy statement of UAE Exchange as available on the Privacy Statement section of the website: www.remit2india.com
"Pay-in Currency" means the currency deposited to Nominated Account prior to initiating a Payment Instruction;
"Website" means UAE Exchange's online platform accessible at www.remit2india.com for providing Payment Services and other facilities as made available from time to time;
"Working Day" is a day when UK clearing banks are open for business; "Working Hour" is an hour during a Working Day.
1.2
Unless the context otherwise requires, references to the singular include the plural.
1.3
The headings contained in these T&Cs are for convenience only and do not affect their interpretation.
Upon accepting the T&Cs and when issuing each Payment Instruction, the Customer represents and undertakes to UAE Exchange that:
2.1
The Customer is acting as principal and has full power and authority within the law to issue Payment Instructions with UAE Exchange and acknowledges that UAE Exchange is also acting as principal in relation to every Payment Instruction.
2.2
All information provided by the Customer to UAE Exchange is true and accurate and that the Customer will provide full disclosure of any information relevant to any Payment Instruction entered into with UAE Exchange, including, but not limited to: financial, company structure or legal and beneficial ownership. The Customer agrees to notify UAE Exchange of any changes from time to time including but not limited to name, address, officers, bankers, and any other significant information which might affect UAE Exchange's decisions relating to the Customer.
2.3
The Customer will make available on request any information which UAE Exchange may reasonably request to enable UAE Exchange to comply with the Applicable Regulations and/or make decisions as to whether or not to accept or continue with a Payment Instruction issued by the Customer.
2.4
Each Payment Instruction issued by the Customer to UAE Exchange is for a genuine transaction entered into for legitimate and legal purposes.
2.5
The Customer relies on its own judgement when initiating a Payment Instruction and will not rely on any view or opinion expressed by UAE Exchange.
2.6
The Customer is fully satisfied as to the financial standing and legal status of UAE Exchange.
3.1
To open an Online Account, the Customer must provide UAE Exchange with the information and/or documents required for UAE Exchange to comply with its know your customer (KYC) requirement and with Applicable Regulations, together with such other additional information for security purposes as UAE Exchange shall require. The information and/or documents requested by UAE Exchange would depend on the Payment amount and/or country where the Payment needs to be executed.
3.2
UAE Exchange reserves the right to change the requisite verification information it requires without giving prior notice to the Customer. Each username and password are personal to that Customer and are not transferable without UAE Exchange's prior written consent.
3.3
UAE Exchange reserves the right to require the Customer to change their login and security details at any time and for any reason and the Customer must promptly change their login and security details where UAE Exchange asks the Customer to do so.
3.4
The Customer's Online Account may only be accessed by the Customer and the Customer agrees that they are not permitted to disclose their login details to any other person.
3.5
UAE Exchange shall be entitled not to act on the Customer's instructions if it has reasonable grounds for suspecting the user of the Customer's Online Account is not the Customer, but UAE Exchange owes the Customer no additional duty to check that the user is the Customer where the correct login and security details are used to access the Customer's Online Account.
3.6
The Customer must inform UAE Exchange immediately should the Customer suspect or discover that:
- someone else knows their login or security details; or
- that their login or security details may have been misused or lost or stolen.
3.7
The Customer must take all reasonable precautions to keep safe and prevent unauthorised and fraudulent use of the Website and the Customer's Online Account. These precautions include, but are not limited to, the following:
- treating security details as confidential and keeping them safe;
- never sharing or allowing others to use the Customer's login or security details;
- using up to date anti-virus software, anti-spyware software and a personal firewall to keep personal computer or mobile device secure;
- never accessing the Website or the Customer's Online Account from any computer or mobile device connected to an unsecure wireless or local area network (such as a public internet access device);
- never recording security details on any software which retains it automatically;
- immediately logging off from the Customer's Online Account once they have concluded their use;
- always accessing the Website via the link www.remit2india.com and entering security details; and
- always being sure of the identity of the Beneficiary.
4.1
UAE Exchange reserves the right to change the Website or any feature or facility of the Website. UAE Exchange will advise the Customer of any such changes by placing a message on the Website login page, or by emailing the Customer.
4.2
The Customer is responsible for obtaining, maintaining and ensuring compatibility of the Customer's own equipment when using the Website. UAE Exchange will not be responsible for any loss of or damage to the Customer's data, software, computer, telecommunications or other equipment caused by their use of any of the Website unless such loss or damage is directly and solely caused by UAE Exchange's gross negligence or wilful default.
4.3
The Customer is responsible for ensuring that the Customer's equipment is free from viruses and other malware. UAE Exchange will not be responsible for any losses incurred by the Customer's failure to do this.
4.4
UAE Exchange does not warrant that the Customer's access to the Website and the Customer Online Account will be uninterrupted, continuous or error free or free from infection by viruses or anything else with contaminating or destructive properties.
4.5
The Customer must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful to computer systems.
4.6
The Customer must not gain or attempt to gain unauthorised access to the Website or the Customer Online Account or any server, computer or database connected to the Website. The Customer must not attack the Website through a denial-of-service attack or a distributed denial-of-service attack or do anything that would facilitate or allow such an attack. Any such deliberate action may amount to the commission of a criminal offence and UAE Exchange reserves the right to report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing the Customer's identity to them.
4.7
UAE Exchange will use reasonable endeavours to keep the Website free from viruses and corrupt files.
4.8
UAE Exchange shall not be liable to the Customer for any loss, expense, damage, delay, costs, or compensation (whether direct or indirect or consequential) which may be suffered by the Customer or incurred by the Customer arising from or in any way connected with any interruption or inability to access the Website, including (but not limited to): any errors in the Website; a distributed denial-of-service attack; any viruses or other technologically harmful material that may infect the Customer's equipment by accessing or using the Website; and any use of the Website that is not permitted by the Customer's local law - unless such loss or damage is directly and solely caused by UAE Exchange's gross negligence or wilful default.
5.1
Payment Instructions from the Customer to UAE Exchange in relation to any Payment Service and all matters relating to any and all Payment Instruments are subject to these T&Cs.
5.2
Only the Customer may give Payment Instructions to UAE Exchange and the Customer authorises UAE Exchange to accept such Payment Instructions.
5.3
The Customer may not revoke or amend a Payment Instruction after the end of the Working Day preceding the Delivery Date, without the prior written consent of UAE Exchange. UAE Exchange may, at its absolute discretion, refuse to accept such requests to revoke or amend a Payment Instruction.
5.4
Should UAE Exchange revoke or amend a Payment Instruction at the Customer's request the Customer shall be liable to reimburse UAE Exchange in full, on demand, for any reasonable costs incurred as a result of such revocation or amendment.
5.5
The Customer warrants that it has the full authority to place a Payment Instruction as principal only and not as agent for any third party whose identity has not been disclosed to UAE Exchange.
5.6
UAE Exchange reserves the right to require further written confirmation of any Payment Instruction, for example where the Payment Instruction appears to be ambiguous or unclear.
5.7
The Customer accepts that UAE Exchange may introduce alternative methods of Payment Instrument from time to time.
5.8
UAE Exchange reserves the right to refuse, delay, decline or reverse any Payment Instruction if:
and the Customer agrees that UAE Exchange will not be liable to the Customer if UAE Exchange delays or refuses to carry out any Payment Instruction in such circumstances.
- UAE Exchange reasonably believes or suspects that the transaction might be unlawful or might be associated with financial crime, or represent the proceeds of crime;
- UAE Exchange has reasonable grounds for suspecting fraud;
- UAE Exchange reasonably believes or suspects that by carrying out the transaction it might otherwise breach its legal or compliance obligations;
- if UAE Exchange reasonably believes that execution of the Payment Instruction may have a detrimental effect on UAE Exchange's reputation;
- if the Payment Instruction exceeds UAE Exchange's maximum threshold limit;
- if the Customer is in breach of these T&Cs;
and the Customer agrees that UAE Exchange will not be liable to the Customer if UAE Exchange delays or refuses to carry out any Payment Instruction in such circumstances.
5.9
If UAE Exchange refuses to accept or execute, or otherwise delays a Payment Instruction it will (to the extent permitted by law) inform the Customer as soon as possible, give reasons for the refusal and where appropriate give the Customer reasonable opportunity to remedy the reason for the refusal.
5.10
Where the Customer disputes any transaction, UAE Exchange will investigate the matter in good faith and the Customer agrees to fully co-operate with UAE Exchange and local law enforcement in any such investigations.
6.1
On receipt of funds from the Customer via cleared funds deposited by Customer from Customer's bank account into the Nominated Account, UAE Exchange will immediately credit the ledger account for the Customer with UAE Exchange according to the date of the funds credited. UAE Exchange will not accept funds deposited from third-party bank account (i.e. bank account other than that belonging to Customer).
6.2
UAE Exchange may use the services of various banks/financial institutions in any country of its choice to execute a Payment. Customer understands that various banks/financial institutions have different times of cut-off for the receipt and dispatch of electronic payments. UAE Exchange accepts no responsibility for any delay in onward payment attributable to the late arrival of funds or Payment Instructions relative to the cut-off times of the designated bank/financial institutions. UAE Exchange will not be under any obligation to transfer the Pay-out Currency to the Beneficiary Account until it has unconditionally received the Pay-in Currency in full as cleared funds in the Nominated Account.
6.3
Provided that the full amount of Pay-in Currency is received by UAE Exchange before 5pm GMT (Monday to Friday), UAE Exchange will on receipt of a valid Payment Instruction remit the Pay-out Currency to the Beneficiary Account but not earlier than the Delivery Date.
6.4
Where the full amount of the Pay-in Currency is received by UAE Exchange after 5pm GMT (Monday to Friday, on receipt of a valid Payment Instruction, UAE Exchange will, subject to clause 6.2, seek to remit the Pay-out Currency to the Beneficiary Account on the Delivery Date or the next Working Day (whichever is the later).
6.5
UAE Exchange shall not be liable for any fees or commissions charged by any intermediary bank (including the Customer's bank) when any funds are transferred to any of UAE Exchange's bank accounts.
6.6
On receiving appropriate Payment Instruction from the Customer in the prescribed format UAE Exchange shall provide the Customer with a Payment pre-notification which will set out the details of the Payment which UAE Exchange intends to make and any applicable charges.
6.7
Payment Confirmations may be issued by UAE Exchange to the Customer. Any failure by UAE Exchange to issue a Payment Confirmation to the Customer does not mean the Payment has not been executed.
6.8
If UAE Exchange does not execute or incorrectly executes a Payment (otherwise than as a result of a Customer's error or in order to comply with Applicable Regulations), UAE Exchange will without undue delay take the necessary action to rectify the error or omission.
7.1
The Customer must notify UAE Exchange without delay using the contact details given in the Payment Confirmation to dispute any unauthorised or incorrect Payment Confirmation. Any such notification must be received by UAE Exchange no later than 13 months from the date of the Payment Confirmation. If the Customer does not notify UAE Exchange within this period the Customer will not be entitled to any refund.
7.2
Subject to clause 7.1, where UAE Exchange establishes that the Payment was not authorised by the Customer or was incorrectly executed (other than as a result of the Customer's error) UAE Exchange will refund the amount of the Payment unless the Customer has acted fraudulently or has deliberately (or with gross negligence) failed to keep take all reasonable steps to keep their login and security details safe, or to notify UAE Exchange without undue delay on becoming aware of the loss, theft, misappropriation or unauthorised use of their login and security details (in which case the Customer will not be entitled to any refund).
7.3
The loss, theft or misappropriation of the Customer's login and security details was not detectable by the Customer prior to the payment transaction;
7.3.1
If any of the Terms and Conditions is not acceptable to you or you disagree with any material on the Website, your sole and exclusive remedy is to discontinue using the Website.
7.3.2
the loss was caused by acts or omissions of an employee or agent of UAE Exchange or of an entity which carried out activities on behalf of UAE Exchange;
7.3.3
the Customer has notified UAE Exchange in accordance with Clause 7.2 prior to the payment transaction taking place;
7.3.4
UAE Exchange has failed to provide the Customer with an appropriate means of notifying it of the loss, theft or misappropriation of the Customer's login and security details;
7.3.5
UEAX is required by law to apply strong customer authentication measures, but has failed to apply them; or
7.3.6
where the payment instrument has been used in connection with a distance contract (other than an excepted contract) as defined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
7.4
Where a payment is incorrectly executed as a result of the Customer's error, UAE Exchange will make reasonable efforts to recover the funds involved in the payment transaction, but may charge the Customer for its reasonable costs in obtaining any such recovery. In the event that UAE Exchange is unable to recover the funds it will, on receipt of a written request, provide to the Customer with all available relevant information in its possession in order for the Customer to claim repayment of the funds. The Customer is liable for all losses suffered and costs incurred by UAE Exchange or the Customer as a result of the Customer making payment into the wrong account at UAE Exchange or in the wrong currency to UAE Exchange as a result of the Customer providing incorrect payment details in a Payment Instruction.
7.5
UAE Exchange may make such reasonable investigations and enquiries as are necessary to establish whether or not the Payment Instruction has been properly authorised or executed.
8.1
UAE Exchange will ensure that the Nominated Account is compliant with the Payment Services Regulations 2017 and that it is a segregated bank account where UAE Exchange's bank agrees that it will not consolidate or combine such account or the funds held in such an account with UAE Exchange's own non-segregated accounts and the funds held in such accounts.
8.2
Subject to clause 7.2 UAE Exchange shall not be liable to the Customer for any loss, expense, damage, delay, costs or compensation (whether direct, indirect or consequential) which may be suffered or incurred by the Customer arising from or in any way connected with any delay, failure or error in making any Payment pursuant to a Payment Instruction where such delay failure or error is caused directly or indirectly by:-
- Failure or error or essential maintenance or critical change or, repairs or alteration of any computer system or communications system or transmission link of any kind under the control of a third party or UAE Exchange; or
- The acts or omissions of any third party; or
- UAE Exchange or any bank making necessary enquiries as required by Applicable Regulations.
8.3
If the Customer is entitled to a refund UAE Exchange will reimburse any interest and charges the Customer has incurred as a result of the unauthorised or incorrectly executed Payment. UAE Exchange will not pay any indirect or consequential loss resulting from the incorrect execution of the Payment.
9.1
All proposed changes to the terms relating to Payment Services will be notified to the Customer at least two months before they take effect, unless the changes are of benefit to the Customer, in which case they will take place immediately.
9.2
Any such changes are deemed to have been accepted, unless the Customer informs UAE Exchange otherwise.
9.3
In the event that the Customer does not accept the changes, UAE Exchange will take this as notice from the Customer that they wish to terminate this agreement with UAE Exchange, without incurring any account closing charges.
10.1
All Foreign Exchange rates applicable to Payment Instructions shall be fixed by UAE Exchange. The prevailing Foreign Exchange rate applying to a Payment Instruction will be communicated to the Customer at the time of initiating a Payment Instruction. Details of the prevailing Foreign Exchange rates are also available on the Website.
10.2
UAE Exchange may, upon request from the Customer, quote a defined or fixed Foreign Exchange rate away from the market on a per currency pair basis. Such decision is at the sole discretion of UAE Exchange
10.3
Customer acknowledges that for a cross border Payment which involves a different Pay-in Currency and Pay-out Currency there may be a difference between the exchange rate at which UAE Exchange buys the relevant Pay-out Currency and the exchange rate provided to the Customer. UAE Exchange may make a profit in these circumstances and the Beneficiary will get only the amount of the Pay-out Currency stated in the Payment Instruction. The Customer acknowledges that UAE Exchange has no obligation to disclose to the Customer any profit that it makes on a transaction.
UAE Exchange shall be entitled to charge the Customer fee for the Payment Services. In addition, UAE Exchange may also collect additional charges from the Customer which it may be required by law to collect (for example in respect to taxes which may be payable in respect of the sums remitted to the Beneficiary).
12.1
The Customer may terminate the Payment Services at any time by giving one month's notice to UAE Exchange. Where the Customer terminates the Payment Services and UAE Exchange is holding any funds (for example in respect of a returned payment or a refund for an incorrectly executed payment), the Customer shall provide UAE Exchange with a new Payment Instruction so that UAE Exchange can pay any such funds to the Customer.
12.2
UAE Exchange may terminate the Payment Services at any time by giving at least two months' notice to the Customer. Where UAE Exchange terminates the Payment Services and UAE Exchange is holding any funds (for example in respect of a returned payment or a refund for an incorrectly executed payment), the Customer shall provide UAE Exchange with a new Payment Instruction so that UAE Exchange can pay any such funds to the Customer.
13.1
Any notices in writing may be delivered either by hand or first class pre-paid post or by fax or email to the receiving party at the address set out in these T&Cs or otherwise previously notified to the other party in writing. Notices in writing will take effect:
- If delivered personally, at the time of delivery to the address;
- If sent by first class pre-paid post, two Working Days after posting;
- If sent by fax or email, at the time of its transmission.
13.2
All notices will be in English, unless agreed by both UAE Exchange and the Customer. If required by the Customer the T&Cs and any notices may be translated in to another language but only at the Customer's expense.
14.1
We are committed to provide our Customers with the best service at all times. In the unlikely event that you are dissatisfied with our service, please write to: Complaints Officer, UAE Exchange UK Limited, Level 10, 1 Canada Square, Canary Wharf, London E14 5AB or email us at info@remit2india.com. You can also make an oral complaint by calling 203 078 7623.
14.2
Where we have received a complaint we will acknowledge it in writing, setting out our understanding of the complaint. We will deal with your complaint promptly and fairly and will send a final response to you within a minimum of 3 working days and a maximum of 15 days (or 35 days in exceptional circumstances) from the date of receipt of your complaint. In case the complaint cannot be resolved within 3 days and needs further information on the complaint from the Customer, we will inform you accordingly.
14.3
If you do not receive our final response after 15 days (or up to 35 days, if we have notified you within 15 days of the exceptional circumstances affecting our ability to respond) or you are otherwise unhappy with our final response, you may be eligible to have your complaint heard by the Financial Ombudsman Service. You can write to The Financial Ombudsman Service at: The Financial Ombudsman Service, Exchange Tower, London E14 9SR. Alternatively you can call them on: 0800 023 4567 or email them at: complaint.info@financial-obudsman.org.uk. If you wish to make use of the Financial Ombudsman Service you should ensure that you contact them within six months from the date of our final response.
15.1
Neither UAE Exchange nor the Customer is liable to the other for failure to perform or delay in performing any of its obligations in relation to a Payment Instruction insofar as the performance of such obligations is prevented by circumstances beyond the control of UAE Exchange or the Customer, as applicable (hereinafter referred to as a Force Majeure Event).
15.2
If UAE Exchange and/or the Customer is unable to perform or is delayed in performing its obligations in relation to a Payment Instruction due to a Force Majeure Event, UAE Exchange and/or the Customer as applicable shall promptly notify the other party of the occurrence of a Force Majeure Event and use all reasonable endeavours to continue to perform its obligations in relation to the Payment Instruction but if a Force Majeure Event prevents a party from fulfilling its obligations under a Payment Instruction for an unreasonable period the other party may forthwith terminate the Payment Instruction by notice in writing to that party but without prejudice to the respective rights of the parties.
16.1
Nothing in these T&Cs shall be deemed to create a partnership or joint venture or agency relationship between the parties or confer any right or benefit to any third party. No person who is not a party to a Contract shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of a Contract.
16.2
These T&Cs together with the Payment Instruction and the Privacy Statement constitute the whole agreement between the parties in relation to the Payment Services and supersede any previous arrangement, understanding or agreement between them relating to a Payment Service. The Customer acknowledges that, in entering into an agreement with UAE Exchange, it does not rely on any statement, representation, assurance or warranty of UAE Exchange or any of its employees or agents other than as expressly set out in these T&Cs.
16.3
Should any of these T&Cs be deemed unenforceable or illegal, the remaining terms will nevertheless continue in force and effect.
The Customer understands that UAE Exchange will process Customer and Beneficiary personal data in accordance with the UAE Exchange Privacy Statement available at the Privacy Statement section of www.remit2india.com
These T&Cs, any Payment Instructions issued thereunder and the Privacy Statement are governed by, and shall be construed in accordance with, English Law and the parties hereto submit to the non-exclusive jurisdiction of the English Courts.
19.1
This 'Refer a Friend' program ("Program") is organized and conducted by UAE Exchange UK Limited ("UAE Exchange") having its office at Level 10, 1 Canada Square, Canary Wharf, London E14 5AB and regulated by Financial Conduct Authority with license number 504239 for its users registered on its website https://www.remit2india.com/sendmoneytoindia/UnitedKingdom/index.jsp ("Website").
19.2
These terms and conditions ("Terms and Conditions") together with the terms and conditions of the Website shall govern this Program. These Terms and Conditions contain information on how to participate in the Program and the rewards available. Each participant, by participating in the Program agrees to be bound by these Terms and Conditions. Claims for rewards must comply with these Terms and Conditions to be valid.
19.3
Eligibility: The Program is open only to users registered on the Website and who are eighteen (18) years of age or over at the time of participation in this Program ("Participant").
19.4
However, the following persons are ineligible to enter:
a. directors, management and employees (and their respective Immediate Families) of UAE Exchange;
b. UAE Exchange's retailers, suppliers, associated companies and agencies who are associated with the Program and their directors, management and employees (and their respective Immediate Families).
"Immediate Family/ies" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
a. directors, management and employees (and their respective Immediate Families) of UAE Exchange;
b. UAE Exchange's retailers, suppliers, associated companies and agencies who are associated with the Program and their directors, management and employees (and their respective Immediate Families).
"Immediate Family/ies" means any of the following: spouse, ex-spouse, de-facto spouse, child or step-child (whether natural or by adoption), parent, step-parent, grandparent, step-grandparent, uncle, aunt, niece, nephew, brother, sister, step-brother, step-sister or first cousin.
19.5
Participation and Referral: The Program involves 2 classes of Participants - Advocate & Friend. An "Advocate" is the Participant who must be a registered user on the Website before participating in the Promotion and refers another individual to register on the Website and participate in this Program. A "Friend" is the Participant who has not previously been and is not currently registered as a user on the Website and is being referred by the Advocate. During the Program Period, the Advocate can refer his/her Friend by either submitting the Friend's email address & other details using the referral form available on the Website or by inviting the Friend to register on the Website by sending the Friend a referral link by email or social media.
19.6
An Advocate must only refer a Friend that is a family member, friend or other person with whom the Advocate has a personal relationship. Prior to referring a Friend, the Advocate must provide a copy of these Terms and Conditions to the Friend and ask the Friend's permission to refer them to register on the Website as part of the Program. If the Advocate refers the Friend by completing the referral form available on the Website, the Advocate must tick the confirmation box stating that they have asked the Friend if they wish to be referred for the Program, have provided these Terms and Conditions to the Friend, and have obtained the Friend's consent. If the Advocate refers the Friend by sending the Friend a referral link by email or social media, such communication must be sent to the Friend personally and not as part of a bulk email distribution. If an Advocate distributes a referral link that could be considered an unsolicited marketing message or "spam", UAE Exchange may disqualify the Advocate from the Program.
19.7
Qualifying Transaction: A referral will be considered successful when the Friend has registered on the Website and successfully completed their 1st transaction using the Website, with the transaction having a minimum value of GBP 50 ("Qualifying Transaction"). Terminated, failed, cancelled, void or rejected transactions will not be considered as Qualifying Transactions. A transaction completed using an account which has already previously been used to conduct a transfer through the Website will not be considered as a Qualifying Transaction.
19.8
Reward: Once the Friend registers on the Website and completes a Qualifying Transaction:
a. the Advocate will receive a reward of INR 2500, credited to their referral account on the Website; and
b. the Friend will also receive a reward of INR 500 (each being a "Reward").
a. the Advocate will receive a reward of INR 2500, credited to their referral account on the Website; and
b. the Friend will also receive a reward of INR 500 (each being a "Reward").
19.9
The Reward is non-transferrable, and a Participant cannot request that the Reward be credited directly to a different account. The Reward cannot be redeemed as cash by the Participant. There is no maximum limit to the Rewards accumulated by the Advocate.
19.10
The Reward has to be used entirely by the Participant in a subsequent transfer of funds transaction using the Website subject to the Terms and Conditions of the Website.
19.11
To redeem the Reward, Participant has to make a transfer of funds transaction of a minimum value of GBP50.
19.12
Eligible Participants will receive their Rewards within 30 (thirty) days of the Qualifying Transaction being completed, with a confirmation of delivery of their Reward sent to their registered email address.
19.13
Program Period: This Program commences at 00:00 am on 01st Feb 2020 and closes at 11.59 pm on 31 December 2020. The Participant is required to redeem any unused Rewards within a period of 90 days from expiry of the Program. UAE Exchange reserves the right to extend the Program Period or terminate the Program before the end of the Program Period, in its sole discretion.
19.14
Fraud: UAE Exchange reserves the right to request verification of age, identity, residential address and any other information from Participants relevant to entry into or participation in the Program. Verification is at the discretion of UAE Exchange, whose decision is final. UAE Exchange reserves the right to disqualify any Participant who provides false information, fails to provide information, conspires with others to gain an unfair advantage or who is otherwise involved in any way in manipulating, interfering or tampering with the Program. UAE Exchange also reserves the exclusive right to disqualify any Participant on account of unethical, false or unauthentic practices.
19.15
Contact: In the event that the Participant does not receive the Reward within 30 days from the date of the Qualifying Transaction, the Participant must notify UAE Exchange by email to info@remit2india.com. UAE Exchange shall have no obligation to consider a claim for non-receipt of a Reward if the claim is made after [90] working days following the end of the Program Period. Claims are deemed to be received at the time of receipt by UAE Exchange, and not at the time of electronic transmission by the Participant.
19.16
Advertisement: UAE Exchange may publish the Participants' name, likeness and/or image in any media for present or future marketing and publicity purposes, and only in accordance with UAE Exchange's privacy policy. Each Participant hereby agrees that they shall not make any monetary or any other claim against UAE Exchange for the use of the entry/photos/information and or any other data contributed by the Participant.
19.17
Amendment: To the extent permitted by law, UAE Exchange reserves the right to change, amend, delete or add to these Terms and Conditions at any time during the Program Period where necessary to do so and the Participants shall be bound by such changes. UAE Exchange will try to give Participants reasonable notice of any major changes. UAE Exchange reserves the right to postpone or cancel the Program for any reason whatsoever, subject to any written directions from a relevant regulatory authority.
19.18
Disqualification: Any failure to comply with any of these Terms and Conditions may result in the disqualification of the Participant from the Program. UAE Exchange reserves the right to disqualify any Participant at its absolute discretion.
19.19
Claims and Liability: UAE Exchange shall not be responsible for:
a. any claims or liabilities related to or arising from the use of the Reward by a Participant, including without limitation any claims or liabilities concerning loss suffered by the Participant and/or third parties as a result of usage or intended usage of any such Reward;
b. any late, lost or misdirected entries or other communications; or
c. any Internet traffic congestion or problems with, or technical malfunction of, any hardware or software, including but not limited to any damage to the hardware or software of any Participant or other persons related to participation in the Program,
unless the damage or loss that is caused is a foreseeable result of UAE Exchange's breach of these Terms and Conditions.
a. any claims or liabilities related to or arising from the use of the Reward by a Participant, including without limitation any claims or liabilities concerning loss suffered by the Participant and/or third parties as a result of usage or intended usage of any such Reward;
b. any late, lost or misdirected entries or other communications; or
c. any Internet traffic congestion or problems with, or technical malfunction of, any hardware or software, including but not limited to any damage to the hardware or software of any Participant or other persons related to participation in the Program,
unless the damage or loss that is caused is a foreseeable result of UAE Exchange's breach of these Terms and Conditions.
19.20
Limitation of Liability: UAE Exchange shall not be liable for any losses arising out of:
a. any theft, unauthorised access or third party interference;
b. any claim for a Reward that is lost, altered, damaged or misdirected due to any reason beyond the reasonable control of UAE Exchange;
c. any tax liability incurred by a Participant; or
d. cancellation or postponement of any portion of the Reward for any reason beyond the reasonable control of UAE Exchange.
UAE Exchange are not liable for business losses. If a Participant uses the products for any commercial, business or re-sale purpose, UAE Exchange will have no liability to that Participant for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms and Conditions shall exclude or limit in any way UAE Exchange's liability to Participants where it would be unlawful to do so. This includes liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
a. any theft, unauthorised access or third party interference;
b. any claim for a Reward that is lost, altered, damaged or misdirected due to any reason beyond the reasonable control of UAE Exchange;
c. any tax liability incurred by a Participant; or
d. cancellation or postponement of any portion of the Reward for any reason beyond the reasonable control of UAE Exchange.
UAE Exchange are not liable for business losses. If a Participant uses the products for any commercial, business or re-sale purpose, UAE Exchange will have no liability to that Participant for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Nothing in these Terms and Conditions shall exclude or limit in any way UAE Exchange's liability to Participants where it would be unlawful to do so. This includes liability for death or personal injury caused by their negligence or the negligence of their employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
19.21
Events Outside of UAE Exchange's Control: UAE Exchange (including its officers, employees and agents) shall not be liable for any failure to comply with its obligations under these Terms and Conditions caused by severe weather conditions, fire, flood, strike, hurricane, industrial dispute, war, hostilities, political unrest, riots, civil commotion, terror attack, inevitable accidents, acts of god, state of emergency, disaster, technical failures, security breaches, tampering, unauthorised intervention, fraud, computer viruses or other events beyond UAE Exchange's control which affect the proper or reasonably anticipated conduct or administration of the Program. If such an event occurs, UAE Exchange reserves the right to cancel, terminate, modify or suspend the Program, subject to any written directions from a relevant regulatory authority.
19.22
Privacy: Information collected from the Participants is subject to the Privacy Statement available at UAE Exchange Website. https://www.remit2india.com/sendmoneytoindia/Privacy_policy_uk.jsp?origCountryCode=UK&origCurrencyCode=GBP&destCountryCode=IND&senderCountry=United%20Kingdom to the existing privacy statement for UAE Exchange. By entering this Promotion, each Participant agrees that he or she has reviewed and accepted the Privacy Statement.Participants may access, change and/or update their personal information and obtain a copy of UAE Exchange's privacy policy by also contacting UAE Exchange at info@remit2india.com.
19.23
Applicable Laws: The Program is subject to all applicable laws and regulations and is void where prohibited by law. In such case, UAE Exchange shall not be liable for failure to provide the Reward or any other loss or damage to the Participant. All disputes arising or in connection with this Program are subject to the laws of Ireland and shall be subject to the jurisdiction of competent courts of Ireland.
19.24
Feedback: For any further clarification and complaints, please write to us at info@remit2india.com with 'Refer a Friend' in the subject line. Such correspondence received shall generally be handled and responded to within ten (10) working days from the date of receipt of the correspondence from the Participant.
20.1
The ongoing offer cannot be clubbed with any other offer.
20.2
The offer is valid on any sending amount through any of the payment methods, subject to compliance approval.
20.3
The offer is valid on any number of transactions booked by both new and existing users.
20.4
Remit2India reserves the right to modify the offer T&C any time during the offer period.
20.5
The ongoing promotion is independent of other promotions that may run on Remit2India from time to time.