1.1 We consider these Terms, the Instruction and our price list to set out the whole agreement between you and us for the making of the Transfer.
1.2 If any of these Terms are inconsistent with any term of the Instruction, the Instruction shall prevail.
1.3 The Instruction is an offer by you to enter into a binding contract with us, which we are free to accept or decline at our absolute discretion.
1.4 These Terms shall become binding on you and us when we email you by notifying you of our acceptance of your Instruction, at which point a contract shall come into existence between us.
1.5 The contract will come to an end (with the exception of clause 9 (liability)) once the Transfer has been completed by us and received by the Beneficiary.
1.6 We will assign a unique transaction number to the Instruction and inform you of it by email. Please quote this unique transaction number in any subsequent correspondence with us relating to the Instruction.
1.7 If you wish to amend or cancel an Instruction you should contact us. If the Beneficiary has already collected the payment, cancellation will not be possible. If the Beneficiary has not yet collected the payment we will use our reasonable endeavours to cancel it, in which case we will refund you (less the amount of the applicable commission). If you amend or cancel an Instruction, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Instruction until we receive your amendment or cancellation. However, where the amendment or cancellation is due to our failure to comply with these Terms you shall have no liability to us for it.
1.8 Any refunds will be made by the same means of payment which you originally used to pay us.
1.9 We are entitled to release payment in accordance with your Instruction to an individual who satisfied the requirements listed in clause 3.5. If we or our agent releases payment to a person other than your intended Beneficiary, but we or our agent believed on reasonable grounds was your intended Beneficiary, we will not be liable to you and we not have any further obligation to make any refund to you or any payment to you intended Beneficiary.
1.10 Unless agreed otherwise, the money will be made available to the Beneficiary in the currency of the country in which the redemption is made. All currency is converted at our rate of exchange in effect at the time to Instruction is processed by us.
2. PAYMENTS TO BANK ACCOUNTS
2.1 If your Instruction requires us to make a payment into a bank account you must provide correct account details of the intended Beneficiary.
2.2 If you provide incorrect account details and any third party imposes a penalty on us, we reserve the right to pass on any such penalty to you or to deduct it from any amount we hold on your behalf. We accept no further responsibility after funds have been deposited into the accounts specified by you. We will not be liable to you or your intended Beneficiary or any other party and we do not have any further obligations to recover money paid into the account specified in the Instruction.
2.3 Any agreed delivery times may not be met if the service provider cannot process the funds whether due to incorrect account details or for any other reasons.
2.4 Any charges levied by the sending bank and/or receiving bank will be deducted from the payment received by the intended Beneficiary.
3. YOUR RESPONSIBILITIES
3.1 You must provide us, in sufficient time, with any information and instructions relating to the Transfer that is or are necessary to enable us to make the Transfer in accordance with these Terms. If you do not, or you provide us with incomplete, incorrect or inaccurate information or instructions, we may cancel the Instruction by giving you written notice, or we may make an additional charge of a reasonable sum to cover any extra work that is required.
3.2 Please check that the details in these Terms and on the Instruction are complete and accurate before you commit yourself to the contract. Please ensure that you read and understand these Terms before you submit the Instruction, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 1.4.
3.3 We are required to comply with anti-money laundering legislation and you must provide us with any information (including proof of identity or income) we require before a contract comes into effect between us.
3.4 You are responsible for ensuring that the Beneficiary of your Instruction collects the money from our agent. It may only be redeemed once.
3.5 In order to receive a payment the Beneficiary must provide our agent with valid personal identification and the unique transaction number and must sign for the money. There may be other requirements on them depending upon local laws. You acknowledge this and we will not be in breach of contract to you for following such procedures.
3.6 You confirm that all money transferred is being used for lawful purposes. We may refuse to process your Instruction for any reason after we have checked your name and the name of the intended Beneficiary against all applicable governmental lists of proscribed persons. In the event that we refuse to process the money transfer as a result of such checks, you acknowledge that we may be obliged by law (and shall be entitled to) confiscate the amount paid by you and pass it and your details to the relevant authority.
4. QUALITY OF SERVICE
4.1 Unless we are prevented from doing so by a Force Majeure Event, we will make the Transfer with reasonable care and skill and in accordance with all applicable statutory and regulatory requirements for making such transfer in the United Kingdom.
4.2 The warranty in clause 4.2 is in addition to your legal rights in relation to services which are not carried out with reasonable skill and care or which otherwise do not conform with these Terms.
5. PROVISION OF TRANSFER
5.1 We will make every effort to complete the Transfer within 72 hours but there may be delays due to circumstances beyond our control. In this case we will complete the Transfer as soon as reasonably possible.
5.2 We may have to delay performance of the Transfer if we have to deal with technical problems, or to make improvements to our service. We will let you know in advance where this occurs, unless the problem is urgent or an emergency.
6. DEFECTIVE SERVICES
6.1 In the unlikely event that either the Transfer or our services do not conform with these Terms, please let us know as soon as possible after we have carried them out. We will either provide you with a full or partial refund, depending on what is reasonable; or re-perform the Transfer.
6.2 These Terms will apply to any replacement Transfer we make for you.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 The copyright, design right and all other intellectual property rights in any materials and other documents or items that we prepare or produce for you in connection with the Transfer will belong to us absolutely.
7.2 You may not use the materials, documents or other items detailed in clause 7.1 for any commercial purpose.
8. PRICE AND PAYMENT
8.1 The commission charged on the Transfer will be as set out in our standard commission table in force at the time we confirm your Instruction. Rates may change at any time, but price changes will not affect Instructions that we have already confirmed in writing. Our quoted prices include any applicable VAT.
9. LIMITATION OF LIABILITY- YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CONDITION
9.1 Subject to clause 9.3, our total liability to you, in relation to a single Instruction, is limited (to the maximum extent permitted by law) to the amount of the relevant Transfer (less any foreign exchange losses at our applicable exchange rate).
9.2 (Without prejudice to clause 9.1) our liability for loss of income or revenue, loss of business or loss of anticipated savings (whether direct or indirect in each case) that result from our failure to comply with these Terms shall be limited to £1.
9.3 This clause 9 does not limit in any way our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation, or for any breach of the obligations implied by section 2 of the Supply of Services and Services Act 1982, or for losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability, or for any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
10. EVENTS OUTSIDE OUR CONTROL
10.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event). A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
strikes, lock-outs or other industrial action; or
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
impossibility of the use of public or private telecommunications networks.
10.2 Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and will extend the time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.
11. DATA PROTECTION AND CONFIDENTIALITY
11.1 We will only use the personal information you provide to us to enable us to make the Transfer, or to inform you about similar services which we provide, unless you tell us that you do not want to receive this information.
11.2 We will not pass your data to third parties unless it is necessary for the purposes of making the Transfer in accordance with your Instructions. You acknowledge and agree that we may pass your details to credit reference agencies.
11.3 We will keep confidential the details of your Instruction, and the unique transaction reference, as must you.
12.1 If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the relevant term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by law.
12.2 If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
12.3 You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.
12.4 A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
12.5 These Terms shall be governed by English law and you and we both agree to the non-exclusive jurisdiction of the English courts.
13.1 The definitions in this clause 13 apply to these Terms: Beneficiary: the person to whom you require us to transfer money, as specified in the Instruction. Force Majeure Event: has the meaning given to it in clause 10.1 Instruction: means a request for a money transfer with the details provided to us by you on this site. Transfer: the service that we are providing to you of making a money transfer in accordance with you Instruction, and “completion” of a Transfer shall mean making it available for collection by our agent. Terms: the terms and conditions set out in this document. We/us: Dahabshiil.