1.1 These terms and conditions (the “Terms”) are between you, the customer (“you”) andTabori Transfer Ltd trading as Intel Express Money Transfers and Payments (“we” or “us”).
1.2 Our head office is located at 3 Station Place, Finsbury Park,London, N4 2DH, with telephone number +44(0)2072635505. We also have branches located at 158/158A, The Grove, Stratford, London, E15 1NS, with telephone number +44(0)2085344443 and 107 Burdett Road, Mile End, London, E3 4JN, with telephone number +44(0)2088806607.
1.3 We are registered by the Financial Conduct Authority (“the FCA”) as a Small Payment Institution under the Payment Services Regulations 2009 for the provision of payment services. We are included in the FCA’s Register of payment institution firms (Firm Registration Number: 510008) which can be found on the FCA website. If You require further information about our status as a small payment institution, details are available on the FCA website, www.fca.org.uk. The FCA can be contacted by writing to 25 The North Colonnade, London E14 5HS or by calling telephone number +44(0)2070661000.
1.4 We are registered by Her Majesty’s Revenue & Customs as a money service business for the purposes of compliance with the Money Laundering Regulations 2007. Our MLR registration number is 12272509.
2. THE SERVICES
2.1 The Services we offer include the Currency Exchange Service, the Transfer Services and the Collection Service.
2.2 You must be aged eighteen years or older to use our Services.
2.3 The Currency Exchange Service allows you to purchase money (the “Purchase Money”) in a currency which is different to the currency of the money you use to purchase the Purchase Money (the “Sale Money”).
2.4 TheTransfer Services allow you to send money(the “Transfer Money”) to a beneficiary (the “Recipient”) either by:
(a) allowing him or her to collect the Transfer Money from one of the businesses which we work with (a “Partner”) from a specified city or cities in our network (the “Recipient City”) (the “Cash to Cash Service”); or
(b) us sending the Transfer Money to the bank account or electronic money account of the Recipient (the “Recipient Account”) (the “Cash to Account Service”).
2.5 The Collection Service allows you to collect money from us, which a payer (the “Payer”), through one of our Partners, has agreed to make available to you in a currency and for an amount specified by the Payer, to be collected at one of our branches. The Collection Service is for you to receive money as a private individual known to the Payer rather than to receive money as a commercial payment.
3. Entering into Contracts an Placing orders
3.1 In order to use:
(a) the Currency Exchange Service, you will need to enter into a “Currency Exchange Contract”;
(b) the Cash to Cash Service, you will need to enter into a “Cash to Cash Contract”;
(c) the Cash to Account Service, you will need to enter into a “Cash to Account Contract”,
(d) the Collection Serivce, you will need to enter into a “Collection Contract.
3.2 All of the contracts noted in clause 3.1 are collectively referred to in these terms as “Contracts” and the Cash to Cash Contract and the Cash to Account Contract are collectively referred to in these terms as “Transfer Contracts.”
3.3 In order to enter into a Contract you will need to place an order with us by speaking to a sales adviser in one of our branches and provide us with any acceptable proof of identity, proof of address and source of funds documentation we request.
3.4 To ensure that a Currency Exchange Contract is properly executed, you must provide us with:
(a) the currency and amount of the Sale Money; and
(b) the amount and currency of the Purchase Money.
3.5 To ensure that a Cash to Cash Contract is properly executed, you must provide us with:
(a) the amount and currency of the Transfer Money you wish to send to the Recipient;
(b) the correct name of the Recipient including any middle names; and
(c) the name of the Recipient City which you want the Recipient to be able to collect the Transfer Money from.
3.6 To ensure that a Cash to Account Contract is properly executed, you must provide us with:
(a) the full name of the Recipient including any middle names;
(b) the amount of and currency of transfer money you wish to send;
(c) the name of the financial institution where the Recipient Account is held;
(d) the correct details of the Recipient Account, which:
(i) if the Recipient Account is based in the UK, are the sort code and account number of the Recipient Account;
(ii) if the Recipient Account is based outside the UK, the IBAN and SWIFT/BIC and/or such other details relating to the Recipient Account which we request.
3.7 You are obliged to ensure the correctness, completeness and legibility of the information you provide us prior to entering into a Transfer Contract. If the information you provide us is in any way inaccurate:
(a) there is a risk that the Transfer Money will be sent to the incorrect bank account if you have entered into a Cash to Account Contract or the incorrect person if you have entered into a Cash to Cash Contract;
(b) if the Transfer Money is sent to the incorrect bank account or incorrect person, we may incur an administration fee from one of our intermediarty banks in which case we shall charge you a £50 administration fee for correcting the information provided.
3.8 Once we have all the information we need, we will provide you with a note (the “Confirmation Note”) summarising the order you have placed with us. You will be required to check the Confirmation Note, and if you agree that the information provided is correct, sign it and return it to us. Your order will be accepted by us when we receive your signed, unamended, Confirmation Note.
3.9 If you think that you might have provided incorrect Recipient details, or you believe your transaction details have been lost or copied you must contact us immediately by calling +44(0)2072635505 or by emailing us to email@example.com. If you have not contacted us on time and we are not able to amend the details you have provided to us, we will charge you an administration fee of £50 for doing same. In case if transaction has already been processed and money gone to wrong account you may lose principal amount you have sent including transfer fee you have paid.
4. CONFIRMATION NOTES
4.1 After entry into a Transfer Contract you will be provided with a copy of your signed Confirmation Note which sets out the following:
(a) a reference enabling you to identify the transaction;
(b) , if you have entered into a Cash to Cash Contract, details of the Partner and the Recipient City where the Transfer Money can be collected by the Recipient;
(c) , if you have entered into a Cash to Account Contract, details of the Recipient Account where the Transfer Money will be credited;
(d) the amount and currency of the Transfer Money;
(e) the amount of any charges for the Transfer Contract payable by you and a breakdown of the amounts of such charges;
(f) where you entered into a Currency Exchange Contract prior to the execution of the Transfer Contract, the actual exchange rate used in the Currency Exchange;
(g) the date we received your order to enter into the Transfer Contract or the date we are deemed to have received your order in accordance with clause 4.4.
4.2 If you enter into a Currency Exchange Contract you will be provided with a Confirmation Note which sets out the following:
(a) the currency and amount of the Purchase Money you have purchased;
(b) the currency and amount of the Sale Money you have used to purchase the Purchase Money;
(c) the exchange rate used in the Currency Exchange Contract; and
(d) any additional charges incurred.
4.3 You must inform us of any errors or omissions on the Confirmation Note before you sign same, otherwise you will be deemed to have accepted the contents of the Confirmation Note and shall not thereafter be entitled to dispute the contents of the Confirmation Note.
4.4 The order to enter into a Transfer Contract shall be deemed to be received at the time at which it is received by us except that where the order to enter into the Transfer Contract would otherwise be deemed to be received on a day which is not a working day or is received after 5.00 pm, London time (the ‘Cut-Off Time’) on a working day, we have the right to treat the order as having been received on the next working day.
5. ADDITIONAL TERMS RELATING TO CURRENCY EXCHANGE CONTRACTS
The exchange rate for our Currency Exchange Services will be our standard exchange rate which changes constantly in line with the interbank rate. You will be given an estimate of our exchange rate upon request before placing an order to enter into a Currency Exchange Contract.
6. USE OF PURHCASE MONEY FOLLOWING COMPLETION THE OF A CURRENCY EXCHANGE CONTRACT
6.1 You can choose:
(a) to receive the Purchase Money you purchase as part of a Currency Exchange Contract yourself in cash from the branch where you entered into the Currency Exchange Contract; or
(b) to send the Purchase Money as Transfer Money (less any applicable fees) to a Recipient by entering into aTransfer Contract.
7. COLLECTION OF CASH BY THE RECIPIENT WHEN USINGTHE CASH TO CASH SERVICE AND BY YOU WHEN USING THE COLLECTION SERVICE
7.1 We shall inform you of the time period within which the Transfer Money will be available for collection by the Recipient from the Partner in the Recipient City.This will normally take a matter of minutes, however it may take longer depending on various circumstances beyond our control. However, in no event will it take longer than the time period set out in clause 8. We will not contact the Recipient to advise them when the money will be ready for collection, this is something you will need to do.
7.2 In order for:
(a) the Recipient to collect the money and complete a Transfer; and
(b) you to collect any Collection Monies,
you or Recipient (as appropriate) must provide the following:
(a) adequate proof of identification which matches the details set out on the relevant Confirmation Note – please note that we or our Partners may not pay out to you or a Recipient if we or they are not satisfied that the person wanting to collect the cash is the person named on the Confirmation Note;
(b) proof of address (if requested);
(c) the name of the payer;
(d) the amount of the payment;
(e) for certain payments, the answer to the security question set when the payment was entered into; and/or
the reference number for the payment.
7.3 If the Transfer Amount pursuant to a Cash for Cash Contract is not been collected, we may attempt to contact you so that you can arrange for a refund less our reasonably incurred charges for same. However, you should not wait for us to contact you to inform you that the Transfer Money has not been collected. If you become aware that a Transfer Amount has not been collected, please contact us using the contact details set out in these Terms to ask for a refund. Please note that
(a) you will lose any commission paid when collecting your refund; and
(b) you will have to enter into a Currency Exchange Contract to exchange the Transfer Monies back into pounds sterling, which may mean that money you reiceve less than the money you sent initially. Owing the regulatory permissions we hold, if the exchange rate works in your favour, we will not be able to give you back more money than the amount of Transfer Money.
7.4 You must not give the details referred to in condition 7.2 to anyone other than your chosen Recipient. You must also do all you reasonably can to make sure no one else can obtain them – for example, by:
(a) not letting anyone see the Confirmation Note;
(b) not writing down the test question and answer or the reference number set out in the Confirmation Note in a way that can be recognised, nor letting anyone overhear you tell the Recipient what they are;
(c) not trusting a person (other than the Recipient) who tries to assure you it is safe to disclose some or all of those details to them.
8. CREDITING MONEY TO THE RECIPIENT ACCOUNT WHEN USING THE CASH TO ACCOUNT SERVICE
8.1 Where the Transfer Money subject to a Cash to Account Contract is denominated in:
(a) Euro or Sterling, we shall ensure that the Transfer Money is credited to the Recipient Account by the end of the working day following the day upon which your order was deemed to have been received by us;
(b) a currency other than Euro or Sterling but the Recipient Account is located within the European Economic Area (‘EEA’), we shall ensure that the Transfer Money is credited to the Recipient Account by the end of the fourth working day following that on which your order was received by us; and
(c) a currency other than Euro or Sterling and the Recipient Account is located outside the EEA, we shall ensure the money subject to the Transfer Money is credited to the Recipient Account as soon as is reasonably practicable.
9. RESTRICTIONS ON TRANSFERS
9.1 There are limits on the amounts you are able to send. We will, as necessary, tell you what they are. We may refuse to send the Transfer Money or allow collection if we reasonably believe that:
(a) by doing so we might break any law, regulation, code or other duty that applies to us;
(b) doing so may expose us to action from any government or regulator; or
(c) it may be linked with fraudulent or illegal activity.
9.2 Unless the law prevents us, you can call us to enquire as to the reasons for refusal and how you can put right any errors that led to our refusal. If you prefer (and the law allows), or if the law requires, we will return the money to you.
10. CANCELLING AND REFUNDING A TRANSFER
10.1 If you have entered into a Transfer Contract for the payment to be made on a future payment date, you may cancel the payment before the end of the working day preceding the agreed payment date.
10.2 If you have entered into a Cash to Cash Contract, we may be able to reverse a payment which has been made before the Recipient collects the money. If you wish to reverse the payment, you may request the same at one of our offices by providing a copy of your Confirmation Note and proof of your identification acceptable to us. You must let us know as soon as possible if you requires us to do this. In such an event, we will give you back the Transfer Amount less any transfer fees for both the original payment and the refund. Refunds may take up to seven days to complete.
11. SAFEGUARDING OF MONIES HELD BY US IN ADVANCE OF ENTRY INTO A TRANSFER CONTRACT
11.1 We choose to safeguard monies received by or held on behalf of our clients.
11.2 Where we receive money from you for the purpose of fulfilling a Transfer Contract, this money will, at the end of the working day following the day on which the Transfer Money was received by us, be transferred into a bank account nominated by us (the ‘Safeguarded Account’) until transferred to the Partner or the financial institution holding the Recipient Account in accordance with the Transfer Contract. The Safeguarded Account is a designated segregated client account, separate from the our own funds.
12. LIABILITY FOR TRANSFER SERVICES
12.1 Where it is established that we have executed a payment in error and/or the payment was unauthorised by you and that Client has notified us in a timely manner within 13 months of the monies being debited from its accounts, unless Clause 13.2 applies, we shall refund to you the full amount debited erroneously or without authorisation.
12.2 We will not be liable where you have not met your obligations in condition 7.4 and the money is paid to someone who gave the Partner what it reasonably believed to be valid identification for the Recipient (“Identification”). Identification will typically comprise a passport or other government issued identification document (the requirements differ depending on which country the Transfer Money is collected in – you can find out what the requirements are from the Partner).
12.3 We shall not be liable for non-execution or defective execution in relation to a Payment which we have made in accordance with the details given to us by you which prove to be incorrect. However, we shall make reasonable efforts to recover Transfer Money involved in that transaction and may charge you for doing so, including passing on to you charges made by intermediary banks and/or the Recipient’s bank for their assistance which assist in the tracing process.
12.4 We are liable to you for the correct execution of a payment unless we can prove to you (and where relevant, to the Partner or the Recipient’s payment services provider) that the Partner or the Recipient’s payment services provider received the Transfer Money within the appropriate time period described in Clause 8.1.
12.5 We shall not be liable to you for any:
(a) delay or failure to perform our obligations under these Terms or any Contract (including any delay in payment) by reason of any cause beyond our reasonable control including but not limited to any action or inaction of you or any third party, bank delay, postal delay, failure or delay of any fax or electronic transmission, any accident, emergency, act of god or any abnormal or unforeseeable circumstances; or
(b) consequential or indirect loss (such as loss of profits or opportunity) you may incur as a result of us failing to perform our duties under a Contract; or
(c) contravention of a requirement imposed on us by the Payment Service Regulations 2009 where that contravention is due to us complying with our obligations under the laws of any EEA state or other jurisdiction.
12.6 Where we and another person (such as another payment services provider) are liable to you in respect of the same matter or item, you agree that our liability to you will not be increased by any limitation of liability you have agreed with that other person or because of your inability to recover from that other person beyond what our liability would have been had no such limitation been agreed and/or if that other person had paid his or its share.
12.7 Where any loss, liability, cost or expense (a “Loss”) is suffered by you for which we would otherwise be jointly and severally or jointly liable with any third party or third parties, the extent to which such Loss shall be recoverable by you from us (as opposed to any third parties) shall be limited so as to be in proportion to our aggregate contribution to the overall fault for such Loss, as agreed between all of the relevant parties or, in the absence of agreement, as determined by a court of competent jurisdiction. For the purposes of assessing the contribution to the Loss in question of any third party for the purposes of this Clause, no account shall be taken of any limit imposed or agreed on the amount of liability of such third party by any agreement (including any settlement agreement) made before or after such Loss occurred or was otherwise incurred.
12.8 We shall not be liable for any Loss arising as a result of any default or negligence of any other payment service provider including any Partner.
12.9 We accept no responsibility for any delay in fulfilling a Contract attributed to the late arrival of funds or instruction of payment relative to the cut off times of the designated bank or for delays or faults due to the clearing banks or banking systems.
12.10 We shall not be liable for any bank charges that the Recipient may incur in receiving funds from us.
12.11 We shall not be liable to you for the non-performance of our obligations or the failure to execute any order if the execution of the order would be illegal.
12.12 Nothing in these Terms limits or excludes our liability for death or personal injury caused by its negligence or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us or to the extent that the liability may not be excluded or limited by any applicable law.
12.13 We will not be liable for any incidental, indirect, special or consequential losses or costs you suffer or, as this Agreement is made with you as a consumer, any business losses or costs (such as loss of business profits or opportunities).
12.14 If you ask us to pay someone who turns out to have defrauded you or who fails to meet their obligations to you, we will not be liable as a result.
12.15 The provisions in this Clause 13 shall survive termination of these Terms or any Contract.
12.16 A person who is not a party to this Agreement shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce this Agreement.
13. ANTI-MONEY LAUNDERING
13.1 The law requires us to obtain evidence of the identity of our clients and Recipients on a risk-based and proportionate basis. You will be required to provide any documentation we request to comply with relevant legislation, including the Money Laundering Regulations 2017, the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and EU Wire Transfer Regulations (Regulation (EU) 2015/847).
13.2 We may be unable to act for you if you fail to provide us with any documents specified by us or otherwise to prevent fraud, money laundering or terrorist financing or to comply with an applicable law, order of court or requirement of any regulatory or government authority or for any other reason including complying with one of our internal policies.Applicable law prohibits all money transmitters from doing business with certain individuals and countries. Accordingly we and our Partners are required to screen all Money Transfers against lists of names provided by the governments of the countries and territories in which we do business including the US treasury department`s office of foreign assets control (OFAC) and the European Union. If the potential match is identified, we will do further a search to determine if the name matched is the individual on the relevant list. On occasion, consumers are required to provide additional identification and other information, delaying Money Transfers.
13.3 To assist us with meeting our obligations, we may carry out an electronic verification check and credit reference check via third party providers in order to verify identity and credit standing. If such searches are carried out, we may keep records of the contents and results of such searches in accordance with all current and applicable laws. You acknowledge that us carrying out an electronic verification check or credit reference agency check will leave a soft footprint on your credit history.
13.4 If, while we are acting for you, it becomes necessary to make a money laundering disclosure, we may not be able to inform you that a disclosure has been made or of the reasons for it.
14. GOVERNING LAW AND JURISDICTION
14.1 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
14.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation.
15. PERSONAL DATA AND ACCOUNT SECURITY
15.1 By asking us to provide you with services under these Terms, you will be providing us with information which includes information that may be personal data within the meaning of the DPA (the Data Protection Act 1998) which we as a data controller, collect, store and process in accordance with the principles of the DPA. This personal data includes your and the Recipient’s name, address, telephone number, e-mail address, date of birth together with information provided on your proof of identity, proof of address and source of funds.
15.2 In addition, we may conduct searches through an identity-referencing agency and through other sources of information and use scoring methods to verify your identity. This will leave a “soft-footprint” on your credit score. A record of this process will be kept.
15.3 We will use your and the Recipient’s personal information:
(a) to carry out our obligations arising from any Contracts entered into between you and us and to assess our risks in doing so;
(b) to provide you with the information products and services that you request from us to allow us to provide you with our services;
(c) to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you.
15.4 You agree that we have the right to share your and the Recipients personal information with:
(a) any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
(b) selected third parties including:
(i) business partners (including any Partners), suppliers and sub-contractors for the performance of any Contract we enter into with them or you;
(ii) credit reference agencies for the purpose of assessing your credit score.
15.5 We will disclose your personal information to third parties:
(a) in the event that we sell or buy any business or assets, in which case we will disclose your personal data to the prospective seller or buyer of such business or assets;
(b) if Tabori Transfer Ltd or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
(c) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these Terms and other agreements; or to protect the rights, property, or safety of Tabori Transfer Ltd, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
15.6 The data that we collect from you will be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It will also be processed by staff operating outside the EEA who work for us or for one of our suppliers. This includes staff engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with these Terms.
15.7 You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right to prevent such processing by checking or not checking certain boxes on the Application Form. You can also exercise the right at any time by calling us on +44(0)207 263 5505 or by emailing us to firstname.lastname@example.org
15.8 The DPA gives you the right to access information held about you. Your right of access can be exercised in accordance with the DPA. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
15.9 Any telephone conversations we have with you may be monitored and recorded by us and we may also maintain records of emails sent by or to you. You agree that we may use these telephone recordings and any transcripts or email records for training and quality control purposes or to resolve any disputes such as our obligations to you and also in the prevention and detection of crime. However, we may not make or maintain such recordings or records or be able to make them available to you.
16. OTHER TERMS
16.1 You and we agree that neither of us shall have any remedy in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Application Form. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
16.2 You may request and we shall provide a copy of these Terms and any information set out in Schedule 4 of the Payment Services Regulations at any time prior to termination of these Terms.
17.1 We are committed to ensuring that you receive high quality service from us. In the event that you are dissatisfied with our Service or believe an error has occurred, please contact us as soon as possible. For full details of our complaints procedure or consumer protection advice, or to submit a complaint, you can:
(d) write to us at Complaints Manager, Intel Express, 158/158A The Grove, Stratford, London, E15 1NS
17.2 We will deal with your complaint promptly and fairly
We will acknowledge your complaint within 5 working days of receipt of your complaint.
We will investigate your complaint and endeavour to send a final response to you within 15 working days of receipt of your complaint.
If we are unable to provide you with a final response within this timeframe due to exceptional circumstances, we will write to you again explaining why and advise you when you can expect a final response.
17.3 If you are dissatisfied with our final response youhave the right to refer your complaint to the Financial Ombudsman Service, free of charge. Further information can be found on the Financial Ombudsman Service website: http://www.financial-ombudsman.org.uk. You must refer your complaint to the Financial Ombudsman within 6 months of the date on the final response.
18. NOTICES AND COMMUNICATION
18.1 Where we communicate with you, we will at all times ensure that the communication is fair, clear and not misleading.
18.2 All communications with you shall be in English only.
18.3 Any notice or other communication given under or in connection with this agreement shall be in writing and shall bedelivered by hand or by pre-paid first-class post or other next working day delivery services to:
(a) for you, at the address stated in the Application Form; and
(b) for us, to 3 Station Place, Finsbury Park, London, N4 2DH.
18.4 Any notice shall be deemed to have been received:
(a) if delivered by hand, at the time the notice is left at the proper address; and
(b) if sent by pre-paid first-class post or other next working day delivery services, at 9.00 am on the second Working Day after posting.