Terms and Conditions for UBL UK NetRemit Service

Transcription

1 Terms and Conditions for UBL UK NetRemit Service a. These Terms and Conditions set out how you can access and use the NetRemit Service to make a remittance payment via the UBL UK NetRemit Service. b. You will need to register either on the UBL UK NetRemit online or Mobile App site. Before you can use the NetRemit Service, you will be asked to confirm that you have read, understood and accept these Terms and Conditions. c. These Terms and Conditions explain our obligations to you and your obligations to us. We may need to add to, change or vary the Terms and Conditions from time to time to provide for changes and improvements to our Services or for legal or regulatory requirements. d. These Terms and Conditions are in the English language and all instructions, transactions and communications in connection with the NetRemit Service shall be in English. 1. Meaning of words In these Terms and Conditions: a. Business Day means Monday to Friday but excluding Bank Holidays b. Beneficiary means the specified person abroad to whom money is being sent by you through the NetRemit Service. c. Charges mean the fees and charges that may be applicable to make NetRemit transactions. d. Mobile App means the application that has been downloaded on your mobile device from the App/Play Store for the purpose of remitting money abroad to a specific country through UBL UK. e. Mobile NetRemit means the NetRemit service offered by UBL UK through a mobile device which allows a registered user to send a remittance amount abroad in the local currency to a beneficiary in the stated country through the use of our Mobile NetRemit application available on android mobile devices only. f. NetRemit Account means any account opened in the name of the account holder(s) with the Bank for the purposes of making a remittance payment (also known as Account ). g. NetRemit Service means together the NetRemit on-line service and the Mobile NetRemit service (also referred to as the Service ). h. Payment Card means the debit or credit card that you have chosen to enter the details of into the NetRemit Service that will be debited for the purpose of the remittance payment. i. Registered User means you once you have successfully registered to the NetRemit online or the Mobile NetRemit application. j. Remittance Amount means the amount that will be sent to the Beneficiary in the local currency applicable to the selected country where the Beneficiary will collect the money. k. The Bank means United National Bank UK (referred to as UBL UK ). l. "We", "us", or "our" means UBL UK. m. "You" or "your" means the person that has registered with our NetRemit Service and is the Registered User. 2. Eligibility Requirements for the NetRemit Service (a) There are a number of requirements you must meet to qualify and be eligible to register and use the UBL UK NetRemit Service. You must:

2 i) Be at least 18 years of age and have the legal capacity to enter into a contract; ii) Be a resident of the United Kingdom; iii) Be able to provide us with any evidence which we require to be satisfied of your identity; iv) Be issued with a valid debit or credit card from a UK bank account; v) Be a Registered User; vi) Have an internet connection and have an account; vii) Have access to an android mobile device if you want to use the Mobile NetRemit App Service. (b) Remittance requests must comply with these Terms and Conditions and the applicable English Law therefore you may: i) Only use the UBL UK NetRemit Service for your own behalf to send remittances to other people and not for any commercial purposes; ii) You may not utilise this Service to re-sell currency; iii) You may not utilise this Service on behalf of any other persons or as an agent for any other person; iv) You may not remit funds for any business use. (c) This Service is not permitted to be used for any purpose that could result in a breach of the laws or regulations of the United Kingdom including but not limited to the anti-money laundering laws and counter terrorist funding regulations. (d) UBL UK reserves the right at any point to request additional information and or documents regarding your identity or the identity of the Beneficiary and also reserves the right at any point to terminate the relationship between the Bank and you and/or hold, block or reject any remittance payment requested if it does not comply with our requirements and/or where we consider it to be in breach of the applicable laws and regulations. (e) If the relationship is terminated or a payment is rejected by us, UBL UK will inform you via electronic mail, or by any other reasonable means of notice in the alternative. 3. Registration & Security Details (a) Online registration will be required and is mandatory for you to be able to access and use the UBL UK NetRemit Service to make a remittance transaction, including if you wish to use the Mobile App. (b) By registering and agreeing to our Terms and Conditions you are agreeing for us to perform an electronic identity check through a credit reference agency. (c) If false, untrue, out-dated or incomplete details are provided and we cannot verify you we reserve the right to decline your registration application or remittance request for any of the services that UBL UK provides. (d) When registering to use the NetRemit Service you will be required to set a password and memorable word for security purposes. These details must not be disclosed to any other persons.

3 (e) In the event that you have forgotten any of your login details please follow the process on our NetRemit online/mobile App sites or alternatively contact us for free on Once a new password has been generated it will be sent to your registered address automatically and the previous login details will be discontinued. You will then be responsible and accountable for any activity on your NetRemit Account performed through the use of your new login details. You should be aware that you will also be responsible and accountable for any activity on your NetRemit Account performed through the use of your old details up until the point of discontinuation unless you have informed us that these details having become compromised. Please see Condition 5 (e) below for further details. (f) Without prejudice to your rights in relation to any order for Services in relation to which we issued a Confirmation (in accordance with clause 5 below), we reserve the right, at any time, to terminate or suspend your access to the Service without prior notice if: i) You use the Service or attempt to use it for any Prohibited Purpose; ii) You attempt to transfer or charge funds from an account that does not belong to you; iii) We receive conflicting claims regarding ownership of or the right to withdraw funds from a debit or credit card account; iv) You have provided us with false evidence of your identity or you keep failing in providing us with true, accurate, current and complete evidence of your identity or details regarding transactions; v) You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code; vi) You are in breach of these Terms and Conditions; vii) We have reason to believe that any of the foregoing has occurred or is likely to occur. 4. Registered User Identification Details When registering for this Service, you as the remitter are required to provide current, accurate, complete and true information about yourself. (a) The identification documents that we will request are: i) Proof of identification; such as a passport, photo ID or driving licence and ii) Proof of address; such as a utility bill or bank statement (less than 3 months old). (b) An option will appear to upload ID Documents if it is required on our NetRemit online site or Mobile App. If you are unable to do this then you will be able to send us your identification documents via the post to the address details provided in Section 12. (c) The documents that you send MUST be original or certified as original seen by a banker, accountant or solicitor, and dated. If your documents are certified then the certifying individual must be traceable therefore details of the certifying individual s position, any registration numbers, address and contact details must be provided. (d) If inaccurate or incomplete information is provided regarding your identity that results in us not being able to verify your identity through the processes we have in place then UBL UK reserves the right to request additional information and identification documents from you to satisfy our requirements. (e) Anti-money laundering regulations may require us to obtain additional identification or information on yourself or the Beneficiary. By making a remittance transaction through the NetRemit Service, you

4 agree to provide such information when requested. We reserve the right to hold your funds until we receive such information and the right to suspend your access to the UBL UK NetRemit Service at any time. (f) We do not accept any liability for damages resulting from non-payment or delay in payment of a remittance transaction to a Beneficiary or failure to perform a transaction under this Service for any reason. 5. Security and Protection (a) It is solely your responsibility to ensure that your registration details which are comprised of your login details, password(s) and memorable word(s) are kept secure and confidential at all times when using the NetRemit Service. Therefore any transactions that occur through your registration details will be fully your responsibility and liability. You must ensure that you take reasonable measures to keep your mobile device secure. We advise all customers to install a password or PIN on their devices so UBL UK Mobile banking services cannot be accessed if the device is lost or stolen. Installing a password or PIN on your device will protect your account from fraud. (b) You must ensure that you log out of the NetRemit online website or the Mobile App after you have finished using the Service. You must also ensure that you do not use the Service in any place which is not secure such as internet cafes where you cannot guarantee that your details will not be traced. (c) It is also your responsibility that you ensure you have adequate anti-virus installed on any tablet, PC or devise that is used to enter our UBL UK NetRemit sites. You are solely responsible to protect the security and confidentiality of your address and your mobile device that our Mobile App has been downloaded on. (d) If you suspect that your NetRemit Account, your registered or login details have been compromised in anyway including suspected theft, loss, unauthorised use of your login details, or if you suspect there has been any breach of security or any incorrect information is held you must immediately inform UBL UK via , the contact centre or the Contact Us link on our NetRemit site. For further details on how to contact us please see Section 12 below. (e) We reserve the right to refuse to perform any of the Services (including after Confirmation) if: i) We are unable to obtain satisfactory evidence of your identity; ii) You provide us with false, incorrect or incomplete information; iii) We are unable to reach you via contact details provided by you; iv) Your transfer order, information or documentation is not provided sufficiently in advance to allow us to process it in accordance to your request; v) You attempt to tamper, hack, modify, overload, or otherwise corrupt or circumvent the security and/or functionality of the Website and/or the Application or to infect it with any Malicious Code; vi) You are in breach of these Terms and Conditions; vii) You or the order you placed are in breach of any applicable laws or regulations or are made for a Prohibited Purpose; viii) Processing the Service in accordance with your order may expose us to liability; ix) We are unable to process your transfer due to variations in business hours, currency exchange or currency availability issues or due to any Force Majeure Event;

5 x) We have reason to believe that any of the foregoing has occurred or is likely to occur. (f) We shall not be liable for any damages, costs or losses incurred by the Sender or the Recipient or any third party if, as a result of any of the circumstances referred to in clause 3 (f) or 5 (e), we fail to complete the transfer of funds in accordance with an order. (g) In the event UBL UK is responsible for refunding an unauthorised transaction then the maximum amount we can hold you liable for will be 35. (h) In such circumstances as Condition 5 (d) above, we will take immediate steps to prevent your NetRemit Account from being misused. You will not be responsible for any unauthorised use of your Account after you have notified us of your Account having become compromised unless you have acted fraudulently, deliberately failed to follow the safeguards of keeping your registration details secure and confidential or acted with gross negligence. 6. Processing your Remittance Requests (a) When you complete and submit a remittance request via the UBL UK NetRemit Service you irreversibly give us permission to charge the Payment Card that you have provided with the Pound Sterling amount of the remittance payment plus any Charges that may apply to the remittance Service. The Charges that may apply to your remittance transaction are set out on our website (b) Consequently if the payment is later returned, cancelled or charged back to the Payment Card for any reason and UBL UK have executed your remittance to your Beneficiary then you agree to reimburse us for the Pound Sterling amount that constitutes the remittance payment value and also any Charges that may result from the return, cancellation, or chargeback of the transaction such as and not limited to the Service fees, insufficient funds fees and or other charges. (c) We may, in our absolute discretion, refuse any transaction or limit the amount to be transmitted, either on a per transaction basis or on an aggregate basis, and either on your Account or an a related account. (d) We will use all endeavours to process the transaction promptly, but any transaction may be delayed or cancelled for a number of reasons including but not limited to, complying with the applicable laws and regulations; delays in identifying and verifying you; validating your transaction instructions or in contacting you. We will not be liable to you for damages for such delay or cancellation in such circumstances. (e) UBL UK s liability shall be limited to the amount in Pound Sterling tendered to us for remittance to the Beneficiary. We shall have no further liability in respect of damages or loss including but not limited to, consequential loss as a result of non-payment, non-delivery, underpayment, failure or error in the transmission of the remittance payment. (f) The non-receipt of requested documentation will cause your transaction to be cancelled in 5 working days. (g) We reserve the right to cancel your transaction if it is expired, as a result of any of the circumstances referred to in clause sections 6 (f) and 8 (h).

6 7. Remittance Payment to your Beneficiary Account (a) Once you have submitted a remittance request to us and your remittance Pound Sterling funds have been received by UBL UK, we will promptly arrange for the payment to be made to your specified Beneficiary. (b) We will attempt to process the remittance on the same day as you submit the remittance request, provided you are given receipt of authorisation from your Payment Card provider. (c) We will apply the exchange rate applicable once we have received cleared funds, on the date the remittance is processed. The exchange rate applicable may differ from the exchange rate you were notified on the date of your remittance request. (d) We will process the remittance request on the information that you have provided to us during your registration to the Service and your remittance request instruction. (e) It is your responsibility to ensure all information provided about the transaction is accurate and complete. Any errors in the information, including misidentification of the Beneficiary, incorrect or inconsistent account names and numbers, or misspellings are your responsibility. (f) Once a transaction has been submitted for processing it becomes difficult to change any of its details. Incorrect, inaccurate and or incomplete information may result in delays in the funds reaching the Beneficiary for which UBL UK will not be held liable. Neither will UBL UK be held liable for technical failures or delays caused by the receiving bank or for any other circumstances beyond our control. (g) If you inform us that a transaction instruction was made incorrectly by us, after we have investigated this, we will promptly refund your Payment Card along with any charges or fees applied. 8. Cancellation or Refund (a) A vast majority of our remittances are processed in near real time, therefore if the transaction has already been processed and sent to the Beneficiary s bank, we cannot guarantee the retrieval of funds if you instruct us to cancel your remittance request. (b) However, upon receiving a cancellation/refund request from you, we will send a request to the receiving bank and can only make a refund to you if we have successfully retrieved your funds from the receiving bank abroad. (c) If the funds can be retrieved they will be returned to your Payment Card in case of successful cancellation of your remittance within 3 Business days from the date we receive confirmation of cancellation from the receiving/beneficiary bank. (d) Only the remittance amount after deducting cancellation charges will be refunded to your Payment Card excluding any Charges you may have paid at the time of processing the remittance. No adjustments will be made for any currency fluctuations which may have occurred in the meanwhile. (e) Should you wish to make amendments to the Beneficiary s original details provided at the time of submitting the transaction request, this is only possible if the payment hasn t already been paid to the Beneficiary by the receiving/beneficiary bank. Please note that at no time can the original amount to be sent to the Beneficiary be amended once you have submitted your remittance instruction. (f) If you change your mind after you have instructed us on your remittance request and do not wish to proceed with the transaction, we will return the funds to you only if funds are held with us after

7 having deducted a charge as set out on our website in respect of the Charges and administrative expenses that we will incur in reversing the remittance request. (g) If as in Condition 8 (f) above, you change your mind about making your remittance request, you will need to contact us immediately by calling us on or for further details on how you can contact us to cancel your request or to submit your cancellation/refund request please see Section 12 below. (h) Your order expires after 10 working days. In case the document needed for your transaction to be processed is not sent to us before your transaction is 10 working days old, your transaction will be cancelled and the money will be returned to your account. Note that the money can take up to7 working days to be available back again in your account as per the process of your own bank and we have no control over this process. 9. Charges and Fees (a) For each remittance transaction you submit, you agree to pay us the Charges and fees applicable to that transaction, including the remittance amount. (b) The charges and fees applicable to the NetRemit Service shall be in accordance with the Schedule of Charges in effect at the time you make a remittance request, which can be found at on the log in page. (c) The Charges will be debited in Pound Sterling and will be in addition to the remittance amount. By selecting Submit when completing your remittance request you irreversibly authorise us to recover all of the Charges and fees payable along with remittance amount from your Payment Card account. (d) In some cases the Beneficiary of the funds may also have to pay the foreign bank s charges. These charges are not applied by UBL UK nor are we aware of this prior to the charges being applied. UBL UK is not responsible for the application of the foreign bank charges. (e) Any amendments to the original Beneficiary details provided by you will incur an administrative charge which can be found at in the Schedule of charges provided on log in page as well as any other fees for the cancellation of a transaction. (f) We reserve the right to change our Fees from time to time, but changes in the Fees will not apply to any transactions in respect for which we have already sent you the Confirmation. (g) If you pay by debit card it will be charged as soon as we accept your request for the transaction. (h) When you pay by debit card and your transaction is refused by your bank or by the card issuer, your bank account will not be debited. However, it is possible that your bank or the card issuer might hold the amount you tried to send. If this happens you will need to contact your bank or card issuer to resolve the issue. 10. Changes to Terms and Conditions (a) We can change these Terms and Conditions from time to time to comply with legal and regulatory requirements, to provide for the introduction of new or improved systems or services and also but not limited to reflect general banking practices.

8 (b) Any changes to these Terms and Conditions will be notified to you on the NetRemit website at and will apply with immediate effect unless the change is to your disadvantage, in which case it will become applicable two months from the notification date. (c) You may terminate your use of the Service if you do not agree with any changes or amendments, however if you use this Service after the effective date (where applicable) then you shall be deemed to have accepted that change or amendment. 11. Termination of your Account (a) Either party may terminate this agreement by closing your NetRemit Account at any time by giving the other party notice without giving any reasons. (b) If we close your Account then we will give you 30 days notice, unless you are in breach of the Terms and Conditions on the following grounds in which case we will immediately terminate: i) You misuse your Account; ii) You are or likely to become bankrupt; iii) You act dishonestly with us; iv) You act in any way to give rise to a reasonable suspicion of fraud or other criminal activities; v) You use of the Service or the website is disruptive or you do anything which in our opinion is likely to bring us into disrepute. 12. How to Contact us (a) You may contact us in the followings ways if you have any queries regarding our UBL UK NetRemit Service: Telephone: Fax: netremit@ubluk.com Corporate Web site: Address: United Bank UK, Central Operations, Stratford Road, Sparkhill, Birmingham, B11 4JZ. 13. How to make a Complaint What should you do? Whichever way you choose to contact us, we will investigate your complaint in full and try to resolve it as quickly as we can. In person: Visit any of our branches and talk to one of our team. Your local branch address can be found -

9 In writing to: Complaints United Bank UK Stratford Road Birmingham B11 4JZ By phone: Online: - cops@ubluk.com Website - (Feedback through Contact Us ) What will we do? We will: Investigate your complaint and do our best to resolve it. Acknowledge your complaint within 5 business days of the date on which your complaint was received. Provide you with a final response letter to your complaint, within 15 business days of the date on which your complaint was received. If for any reason we cannot do so, a holding response will be sent to you detailing the reasons for the delay and when the resolution will occur. The final response will then be issued within 35 business days of the date on which your complaint was received. The Financial Ombudsman Service If for any reason we have not been able to resolve your complaint within 35 business days or you are not satisfied with the outcome of your complaint, you may take the matter further by contacting the Financial Ombudsman Service (FOS). FOS is an independent organisation that helps to resolve complaints that consumers, small businesses and financial businesses have not been able to resolve between themselves. You will however need to this within 6 months of receiving our Final Response Letter. You can contact FOS in the following ways: In writing to: The Financial Ombudsman Service Exchange Tower London E14 9SR By phone: or

10 Online: Website complaint.info@financial-ombudsman.org.uk Leaflets entitled your complaint and the ombudsman can be obtained from all UBL UK branches. 14. Intellectual Property (a) UBL UK Intellectual Property includes any or all of the below: i) All contents, logos, text, graphics and links on the UBL UK main website, UBL UK NetRemit website and UBL UK NetRemit App; ii) Any trademarks that UBL UK is the registered proprietor and the applications for any such marks; iii) Trade name or any other name that UBL UK may be known as or operate as; iv) Patents of which UBL UK is patentee or licensee and applications for the grant of any such patents; v) Copyrights and design rights held by UBL UK in any materials such as designs, plans and any other written materials related to UBL UK; vi) Any designs whether registered or protected by copyright or not used by UBL UK and applied in devising, developing or carrying out UBL UK; vii) Any software and procedures described in the NetRemit Terms and Conditions shall unless explicitly excluded, be included in UBL UK affiliated or related entries. (b) Our website and UBL UK NetRemit website may be used only for the purpose permitted by these Terms and Conditions. (c) You are only permitted to view and keep copies of these pages that relate to your personal use. Under no circumstances should copies be used for commercial use. (d) By accepting our Terms and Conditions you explicitly agree not to publish, alter, modify, recreate, duplicate, distribute, and exploit any of UBL UKs intellectual property by any means including and not exclusive to the world wide web. 15. General (a) English law applies to these Terms and Conditions and we both agree the courts of England and Wales will have exclusive jurisdiction, except where you open and Account in Scotland, where the courts of Scotland will have jurisdiction. (b) These Terms and Conditions constitute the entire agreement between you and us and supersedes all prior understandings or agreements relating to this Service. (c) Each Term and Condition is separate from each other so that if one is found to be invalid or unenforceable. (d) The failure of UBL UK to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver or such right or provision.

11 (e) We may transfer all or any of our rights in relation to your Account. We may also transfer any of our obligations, but only to an entity which we reasonably consider capable of performing these obligations. References to our Bank in these Terms and Conditions would then be references to the new entity to which any relevant right or obligation was transferred. You may not transfer any of your rights of obligations in relation to your Account. (f) We may at our discretion, change our banking hours, banking practices, availability of branches and similar matters by giving you notice in branches or in the national press, via to your registered address or by post (which includes statement messages). The change will apply from the date specified in the notice. If we plan to close or move the branch where you bank, we will give you at least 12 weeks prior notice. This notice will inform you how we propose to continue providing banking services for you. (g) When you use our payment services you give consent to UBL UK to use your data to provide the payment services to you. You consent to our processing of your personal information for the purposes of providing the Service, including for verification purposes as set out in these Terms and Conditions. You also consent to the use of such data for communicating with you, and for statutory, accounting and archival purposes. You acknowledge and consent that we may be required by law to provide information about you and your transactions to the government or other competent authorities. You have the option of withdrawing this consent but as a result we will stop providing payment services to you. If you do withdraw consent UBL UK may still use your data where lawful ground is granted to do so. (h) The failure of you providing the needed document for the processing of your transaction within 5 working days of transactions being placed in the system will result in the cancellation of your transaction. 16. Information (a) United Bank UK and UBL UK are the trading names of United National Bank Limited. (b) United National Bank Limited is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. The company is registered in England & Wales and its Registered Office is at 2 Brook Street, London, W1S 1BQ. The company s registration number is (c) Our head office address is: United National Bank Limited 2 Brook Street London W1S 1BQ Tel: