Terms of Use

These Terms of Use  (Terms) are effective as of 1st June 2009, and govern the  terms under which you may access and use this website 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.
 As used throughout  this Terms of Use, the terms "Orbit",  "we", "us", and "our" refer to OrbitRemit Global Money  Transfer Ltd,  together with its  employees, directors, successors, affiliates, and assignees. The terms "you" and "your" refer to users of the Service,  whether in their capacity as Senders, Recipients, or visitors to this website.
 
1. OVERVIEW OF THE SERVICE
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 (the "Local Taxes").
 
2. ACCESSING THE SERVICE
a. 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.
b. Offer and Acceptance. If you submit a Transaction, you are  requesting that we process your Transaction, an offer which we may accept or  reject at our sole discretion from our place of business.
 
3. PAYMENT
a. Charges. For each Transaction that you  submit, you agree to pay us a service fee (the "Service Fee") plus the Transaction Amount.  Additional charges may apply. Payment is due at the time you submit your  Transaction.
b. Payment. In order for us to collect payment  from you, you authorize us to access, charge, or debit funds from, any of the  payment instruments you provide us in connection with your use of the Service  (each, a "Payment Instrument" including, for  example, your credit card, debit card, PayPal account, or bank account). If  your payment fails or is insufficient, you authorize us to re-try one or more  times using the same or a different Payment Instrument. For example, if there  are insufficient funds in your bank account at the time you submit your  Transaction, we may try to debit your bank account or charge your credit card  at a later time. You represent and warrant that you are the lawful owner of  your Payment Instrument(s).
c. Other Charges. OrbitRemit is not responsible for any  fees or charges that may be imposed by the financial institutions associated  with your Payment Instruments. For example, some credit card issuers may treat  the use of your credit card to use the Service as a "cash advance" rather than a purchase transaction,  and may impose additional fees and interest rates for the transaction.
d. Foreign Exchange. OrbitRemit and its Service Providers (defined below) usually make money when  you pay for a Transaction in one currency, and the Transaction is paid out in  another, based on the exchange rate determined by OrbitRemit and specified on the  website. The exchange rate specified for a Transaction is  only applicable if payment in full for the Transaction (including the Service  Fee and all relevant charges) is made at the same time that the Transaction is  submitted. If payment is not made at that time (for example if there are  insufficient funds in your bank account) then a different exchange rate may be  applicable when payment is made. If payment is not received into OrbitRemit’s  designated bank account in cleared funds within 24 hours of a transaction being  submitted, then a different exchange rate may be applicable. A different  exchange rate may also apply in all cases where a transaction is submitted on a  Friday or a Public Holiday or other such event where the completion of a  transaction within 24 hours is beyond the control of OrbitRemit.
 
4. DISBURSEMENT
a. Service Providers. We work with local banks, money  exchange houses, 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.
b. Verification. 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 licence or national identity card. In  addition, Recipients may be required to provide a Transaction tracking number  and/or "secret word" associated with their Transaction.
 
5. RESTRICTIONS
a. General. We may, in our sole discretion,  refuse any Transaction or limit the amount to be transferred, either on a per  transaction basis or on an aggregated basis. We reserve the right at any time,  and from time to time, to modify or discontinue the Service (or any part  thereof) with or without notice.
b. Delays. OrbitRemit does not guarantee any specific timeframe  due to various factors including business hours, currency and the need for  verification of identity or the availability of your funds Nevertheless, you  may be entitled to a refund in certain circumstances, as described herein.
c. Unauthorized Transactions. You may not use the  Service 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  organizations.
d. Commercial Transactions. We 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. You acknowledge that  any use of the Service for to pay for such goods and services is at your own  risk.
e. Ineligibility. We may, at our sole discretion,  refuse Transactions from certain 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 OrbitRemit offers  transaction services.
f. Others. You may not submit or receive a Transaction on  behalf of another person or entity.
g. No Changes. We do not let you change the details  of your Transaction once it's submitted to us for processing. It is your  responsibility to make sure your Transaction details are accurate.
 
6. COLLECTION OF INFORMATION
a. Privacy Policy. By agreeing to these Terms, you  acknowledge and consent to OrbitRemit’s Privacy Policy. The Privacy Policy can be found at https://www.orbitremit.com/nz/pages/privacy
b. Disclosure. You should be aware that: If we are  requested or required by the police or any regulatory or government authority  investigating suspected illegal activities, or upon the receipt of a court  order, to provide your Personal Information and/or information concerning your  activities whilst using the Website we shall do so; and We reserve the right in  our reasonable discretion to disclose details of your use of the Website in  relation to any, or any threatened, Court Proceedings in connection with your  use, or the use of anyone under your control, of the Website whether in  connection with the matters set out in these Conditions or otherwise.
c. Government Disclosures. We may provide information about you  and your Transactions to government authorities and enforcement agencies, as  described in our Privacy Policy.
d. Address & Identity Verification. You authorise Orbit Remit Limited to complete a free e-identity check through Equifax, to comply with HMRC "Know your Customer" rules. This is not a credit check, and will identify you to satisfy these rules in most cases.
 
7. PROBLEMS
a. General. Please let us if you have any  problems with the Service. You can contact us using the contact information at  the bottom of these Terms. Residents of certain jurisdictions may also consider  the following:
b. Refunds. In general, we do not provide  refunds unless we did something wrong. We will consider your written request  for a refund (submitted by email, or by mail using the contact information at  the bottom of these Terms) if you provide the Sender’s full name, address, and  phone number, together with the Transaction tracking number, Transaction  Amount, and the reason for your refund request.
  If we do provide  you a refund, we will only refund the Transaction Amount if the Transaction was  not paid out to the Recipient (in which case we will also cancel your pending  Transaction); otherwise, we will only refund the Service Fee. Refunds will be  credited to the same Payment Instrument used to pay for the Transaction.
RIGHT TO REFUND: You, the customer, are entitled to a refund of the  money to be transmitted as the result of this agreement if OrbitRemit does not  forward the funds received from you within 5 days of the date of its receipt,  or does not give instructions committing an equivalent amount of funds to the  person designated by you within 5 days of the date of the receipt of the funds  from you unless otherwise instructed by you.
  If your instructions as to when the funds shall be forwarded or  transmitted are not complied with and the funds have not yet been forwarded or  transmitted you have a right to a refund.
If you want a refund, you must email your written request to OrbitRemit at help@orbitremit.com;  or mail it to OrbitRemit Global Money Transfer Ltd, attn: Customer Service, 209  Victoria Street, Wellington, New Zealand.
 
8. ORBITREMIT'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 OrbitRemit copyrights, trademarks, service marks, logos, and product and service names are  owned or licensed exclusively by OrbitRemit (the "OrbitRemit Intellectual Property"). You agree not to  display, use, copy, or modify the OrbitRemit Intellectual Property in any manner.  You are authorized solely to view and retain 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).
 
9. DISCLAIMER OF WARRANTIES
  a. 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.
  b. We make  reasonable efforts to ensure that Transactions are processed in a timely  manner, but we make no representations or warranties regarding the time needed  to complete processing because the Service is largely dependent on many factors outside our control.  Notwithstanding the foregoing, you may have a right to a refund as expressly  described herein.
  c. Notwithstanding any other provision in these Terms, nothing shall limit  your rights as a consumer under New Zealand law including under the Consumer  Guarantees Act, provided that if you are acquiring the Services for the  purposes of a business you agree that the Consumer Guarantees Act 1993 does not  apply.
 
10. INDEMNITY
  You agree to  indemnify and hold OrbitRemit, 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.
 
11. LIMITATION OF LIABILITY
   In no event shall OrbitRemit, Service Providers, or  their respective subsidiaries, officers, agents, partners, or employees be  liable for any direct, indirect, incidental, special, consequential or  exemplary damages beyond the sum of $500.00 (in addition to refunding the  transaction amount and service fees), including but not limited to, damages for  loss of profits, goodwill, use, data or other intangible losses (even if orbitremit  has been advised of the possibility of such damages) resulting from any act or  omission (whether negligent or otherwise) on the part of orbitremit, disbursement  partners, or their respective subsidiaries, officers, agents, partners, or  employees.
 
12. DISPUTE RESOLUTION AND GOVERNING LAW
a. Governing Law.  These Terms shall be governed according to the  laws of New Zealand, and all activities performed in connection with the  Service shall be deemed to have been performed in New Zealand. Any controversy,  dispute, or claim arising out of or relating to the Service or Terms (a  "Claim") shall be governed by and construed in accordance with the  laws of New Zealand, except that body of law governing conflicts of law.
 
13. ELECTRONIC COMMUNICATIONS
  You 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  supplements to 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 unauthorized use  of the Service; (v) any other communication related to the Service or OrbitRemit.
  The Service does  not allow for Communications to be provided in paper format or through other  non-electronic means. You may withdraw your consent to receive Communications  electronically, but if you do, your use of the Service shall be terminated. In  order to withdraw your consent, you must contact us using our contact  information at the end of these Terms.
  In order to access  and retain Communications, you must have: (i) an Internet browser that supports  128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet  Explorer version 4.0 or above, (ii) an e-mail account and e-mail software  capable of interfacing with OrbitRemit’s  e-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 OrbitRemit.
 
OTHER
a. Entire Agreement. The Terms constitute the entire  agreement between you and OrbitRemit and governs your use of the Service,  superseding any prior agreements between you and OrbitRemit.
b. No Waiver. The failure of OrbitRemit to exercise or  enforce any right or provision of the Terms shall not constitute a waiver of  such right or provision.
c. 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.
d. 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 endeavours to maintain the Services via the  website. 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 or this website due to circumstances beyond our control.
e. 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.

14. DEBT RECOVERY
   In the event where OrbitRemit in good faith and on the instruction of you our client has paid to an account clearly identified as the account to which you as the sender have instructed funds to be paid and OrbitRemit has not received funds from you for this payment and requests by OrbitRemit for payment have been ignored OrbitRemit will initiate debt recovery proceedings through our duly appointed agents in New Zealand, Australia and the United Kingdom. All costs associated with the recovery of such debt will be charged to you the sender.

15. CONTACT INFORMATION
  Questions,  notifications, and requests for refunds or further information can be sent to OrbitRemit,  as follows: online at info@orbitremit.com by telephone at 0800ORBITHELP  or by mail at OrbitRemit, attn: Customer Service, 209 Victoria Street,  Wellington, New Zealand.