Online Card Payments Terms and Conditions
These Terms and Conditions (terms) are effective as of 12/02/2016, and govern the terms under which you may access and use VIVO TRANSFER LTD and the services associated with it (together, the "Service"). Do not access or use the Service if you do not agree to be bound by the Terms. By accessing and using the Service, you are agreeing to the Terms.
The Service allows people to send and receive money around the world. A "Sender" is someone who uses the Service to send money. A "Recipient" is someone who uses the Service to receive money through the Service. The "Destination Country" is the country in which the Recipient receives money through the Service. A "Transaction" is a specific instruction to send money through the Service. The "Transaction Amount" is the amount that the Sender provides for transmittal to the Recipient, excluding applicable fees and prior to any foreign exchange conversion. The "Payout Amount" is the amount paid out to the Recipient, excluding any taxes or charges that may be levied under the laws of the Destination Country.
This Agreement is between the Customer (hereinafter referred to as ‘Customer', ‘You', ‘Your') and VIVO TRANSFER (hereinafter referred to as ‘VIVO TRANSFER LTD, ‘Our', ‘Us', ‘We') of 9 Percy Street, 3rd Floor - Suite 9, W1T 1DL, London - UK.
Our agreement with You is that We will take reasonable care to provide the Services. Services provided by us may change from time to time. In such events these Terms & Conditions will relate to all the Services provided by us.
The Terms & Conditions set out herein apply to all Transactions executed by VIVO TRANSFER where the sender or customer pays via prepaid debit or credit cards. These Terms & Conditions may be amended from time to time without prior notification.
VIVO TRANSFER is free to use service(s) of intermediary banks/financial service institutions/other money service businesses in any country of its choice for execution of a Transaction
3. ACCESSING THE SERVICE
In order to use VIVO TRANSFER LTD, you must first register with us by submitting the details and information requested. In addition, you must accept the terms of this Agreement prior to completing your registration. As part of the registration process, we will ask you to provide certain information which you need to submit in the correct format, if not the system will ask you to re submit the details.
We are required by law to obtain satisfactory evidence of your identification before providing our money remittance service to you, this forms part of your registration process and is an Anti Money Laundering requirement. If we are unable to obtain satisfactory evidence of your identity, we will be unable to provide you our service and will terminate your account and contract with immediate effect.
In addition there may be occasions when certain threshold levels of transactions made by you are reached (the level of which may vary from time to time). If this occurs we shall require from you other additional information either about yourself, the beneficiary, the relationship between you both & the source of funds. Again if this information is not supplied to us in a satisfactory form we will be unable to provide you our service & may terminate your account & contract with immediate effect.
Eligible Users. You must be at least 18 years old to access or use the Service. You must be able to form legally binding contracts under applicable law. Other restrictions may apply.
VIVO TRANSFER LTD reserves the right to access Equifax, Experian and any other government or private databases in order to verify your information through the process referred to as “electronic ID”. If certain databases provide a match to the information you provide then we may not have to ask for photographic evidence of your identity.
VIVO TRANSFER LTD reserves the right to refuse to accept any new user at its discretion.
For each transaction you make with us, you agree to pay us a service fee determined by us together with any other charges which is available at the physical point of sale.
The list of the service fees currently applicable to a transaction is contained on our website. However, these service fees may change at any time without prior notice. If a service fee changes after you have submitted a transaction to us the service fee applicable at the time you made the transaction will continue to apply.
Your transaction will be complete and will proceed once we have received full payment from you. If for any reason your transaction proceeds and we do not receive payment from you agree to reimburse us for the full amount of the transaction and any fees incurred.
In order to collect payment from you, you authorise us to access, charge, or debit funds from any of the payment methods provided to us in connection with your use of the service. You represent and warrant that you are the lawful owner of the bank account attached to any payment method notified by you.
In conducting the transaction, we are not responsible for any fees or charges that are imposed upon you by your card issuer or bank, for whatever reason.
We work with local banks, money service businesses and other third party service providers (each, a "Service Provider") to pay funds out to Recipients. You, in your capacity as a Sender, hereby appoint your Recipient as your agent for the purpose of receiving funds in connection with the Service.
Recipients may be required to prove their identity before receiving funds by presenting valid, unexpired identification papers from a list of acceptable forms of identification, for example a valid passport, drivers license. In addition, Recipients may be required to provide a Transaction tracking number and/or "secret word" associated with their Transaction.
We may, in our discretion, refuse any Transaction or limit the amount to be transferred. We reserve the right at any time, and from time to time, to change or cease the Service (or any part thereof) with or without notification.
VIVO TRANSFER LTD does not guarantee any precise timeframe due to numerous factors including business hours, currency and verification of identity or availability of your funds. Although, you may be entitled to a refund in certain conditions, as described in these terms.
The Service may not be used in violation of these Terms or applicable laws, rules and regulations, including but not limited to rules and regulations relating to money laundering, illegal gambling activities, fraud, and the funding of terrorist organisations.
VIVO TRANSFER LTD have no control over, and are not responsible for, the quality, safety, legality, or delivery of goods or services that you pay third parties for using the Service. Any use of the Service for to pay for such goods and services is at your own risk.
VIVO TRANSFER LTD may, refuse Transactions from Senders and to certain Recipients, including without limitation, entities and individuals that are included on the Specially Designated Nationals list, Non-cooperative Countries and Territories list, the Office of Foreign Asset Control list, and such other lists as may be issued from time to time by government agencies in the countries.
You may not submit or receive a Transaction on behalf of another person or entity.
We do not allow changes to the details of your Transaction once it's submitted to us for processing. It is your responsibility to make sure the Transaction details are correct.
7. VIVO TRANSFER LTD'S INTELLECTUAL PROPERTY
You acknowledge that the Service, including but not limited to the content of this website, text, graphics, links, buttons, logos, and images, as well as all other VIVO TRANSFER LTDcopyrights, trademarks, service marks, logos, and product and service names are owned or licensed exclusively by VIVO TRANSFER LTD (the "VIVO TRANSFER LTD Intellectual Property"). You agree not to display, use, copy, or modify the VIVO TRANSFER LTD Intellectual Property in any manner. You are authorised only to view and hold a copy of the pages of this website for your own personal, non-commercial use. You further agree not to: (i) use any robot, spider, scraper or other automated device to access the Service; or (ii) remove or alter any author, trademark or other proprietary notice or legend displayed on this website (or printed pages thereof).
8. DISCLAIMER OF WARRANTIES
The Website and the service is provided "as is" and without any warranty or condition, express, implied or statutory. We, our subsidiaries, employees and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
You agree to indemnify and hold VIVO TRANSFER LTD, Service Providers, and their respective subsidiaries, officers, agents, partners, and employees harmless from any claim or demand, including reasonable solicitor's fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, the use of any other person accessing the Website using your PC or internet access account, your violation of the Terms, or your violation of any rights of another.
10. LIMITATION OF LIABILITY
If a money transfer you ordered is delayed or fails, you may have a right to receive a refund or compensation under Money Transfer Regulations. Please contact us at email@example.com for more information regarding refunds and compensations.
Claims for refund or compensation must be supported by all available evidence.
If a money transfer in accordance with an order you made and that we Confirmed is delayed or fails and you are not entitled to a refund or compensation under the Money Transfer Regulations, we expressly limit our liability in respect of any such delayed or failed transfer (including for any claimed refund) to the greater of: (a) the amount of any service charge that was paid to us; and (b) £500. The foregoing cap on our liability applies to any single transaction, act, omission or event and to any number of related transactions, acts, and omissions or events.
We shall not be liable to you or to any third party in relation to the Services, whether for breach of contract, tort (including negligence), misrepresentation, unjust enrichment or any other grounds, for any indirect, incidental, consequential or special damages including any loss of profits or savings or anticipated profits or savings, loss of data, loss of opportunity, loss or reputation, goodwill or business or any economic loss, even if we are advised in advance of the possibility of such loss.
Nothing in this clause shall:
a. Exclude or limit liability on our part for death or personal injury resulting from our negligence,
b. Exclude liability for our fraud, our wilful misconduct or gross negligence.
We are not liable for the quality, safety, legality, or delivery of the goods or services that you pay for using the Services.
We shall not be liable for any breach of our obligations under the Contract to you nor for any failure or delay in performance of any obligations under the Contract arising from or attributable to acts, events, omissions or accidents beyond our reasonable control, including, without limitation, where our failure to perform our obligations arise from:
a. an act of God, fire, flood, earthquake, windstorm or other natural disaster, explosion or accidental damage, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, export controls, breaking off of diplomatic relations or similar actions, terrorist attack, civil war, civil commotion or riots, pandemic or epidemic, industrial disputes, shortages of raw materials or components, general disruptions to transportation, telecommunication systems, power supply or other utilities;
b. the acts, decrees, legislation, regulations or restrictions imposed by any government or state;
c. the actions or omissions of the third parties;
d. malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
e. any losses or delays in transmission of messages arising out of the use of any internet access service provider or caused by any browser or other software which is not under our control; or
f. any Malicious Code interfering with the Service (each, a “Force Majeure Event”).
Our performance under the Contract shall be deemed suspended for the period that the Force Majeure Event continues and the time for performance will be extended for the duration of that period. We will use our reasonable endeavours to find a solution by which our obligations under the Contract may be resumed despite the Force Majeure Event.
11. DISPUTE RESOLUTION AND GOVERNING LAWContracts for the purchase of our services using the Website or the Application and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. The foregoing shall be without prejudice to your statutory rights.
12. ELECTRONIC COMMUNICATIONSYou acknowledge that these Terms shall be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means: (i) these Terms and any amendments, modifications or supplementsto it; (ii) your records of transactions through the Service; (iii) any initial, periodic or other disclosures or notices provided in connection with the Service, including without limitation those required by federal or state law; (iv) any customer service communications, including without limitation communications with respect to claims of error or unauthorised use of the Service; (v) any other communication related to the Service or.
In order to access and retain Communications, you must have: (i) an Internet browser that supports 128-bit encryption, (ii) an e-mail account and e-mail software capable of interfacing with VIVO TRANSFER LTD mail servers, (iii) a personal computer, operating system and telecommunications connections to the Internet capable of supporting the foregoing, (iv) sufficient electronic storage capacity on your computer's hard drive or other data storage unit, (v) a printer that is capable of printing from your browser and e-mail software. In addition, you must promptly update us with any change in your email address by updating your profile. Any failure by you to provide accurate and up to date contact information will result in the immediate termination of your right to access the services provided by VIVO TRANSFER LTD.
13. CONTACT INFORMATION
VIVO TRANSFER is a company incorporated and licensed under the laws of the United Kingdom, (company number 07263512) engaged in the business of funds remittance with its Head Office located at 9 Percy Street, 3rd Floor - Suite 9, W1T 1DL, London - UK.
VIVO TRANSFER LTD is regulated by the Financial Conduct Authority 527149.
Questions, notifications, and requests for refunds or further information can be sent to VIVO TRANSFER LTD, as follows: online at firstname.lastname@example.org by telephone at +44 203 318 0355.
Entire Agreement. The Terms constitute the entire agreement between you and VIVO TRANSFER LTD and governs your use of the Service, superseding any prior agreements between you and VIVO TRANSFER LTD.
No Waiver. The failure of VIVO TRANSFER LTD to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavour to give appropriately valid effect to the intention of the Terms as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Enabling Amendment. We retain the right to:
a. modify or withdraw, temporarily or permanently, the Services (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
b. change these Terms from time to time, and your continued use of the Services (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Agreement has been changed. If you do not agree to any change to the Agreement, then you must immediately stop using the Services.
c. We will use our reasonable endeavors to maintain the Services. The Services are subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Services or because of a failure, suspension or withdrawal of all or part of the Services due to circumstances beyond our control.
If you are dissatisfied with any of the services we perform in the first instance, in accordance with our complaints procedure, we require you to inform us of your complaint either initially verbally or in writing. Where the initial complaint is verbal it must be followed up immediately with a written complaint. Such complaint should be addressed to the Head of Compliance at our address on these terms and conditions. If you are dissatisfied with our response you retain the right to have the matter referred to the Financial Ombudsman Service situated at South Quay, 183 Marsh Wall, London, E14 9SR.
Language. In the event there is any inconsistency between the English and or any other language text on this website, including the Terms, the English text shall be binding.