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.
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.
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.
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
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.
d. Address & Identity Verification. You authorise Orbit-Remit to complete a free e-identity check through Equifax, MatrixID and CallML to comply with relevant regulatory requirements in New Zealand, Australia, United Kingdom, and any other countries as maybe required . This is not a credit check, and will identify you to satisfy these rules in most cases.
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 [email protected]; or mail it to OrbitRemit Global Money Transfer Ltd, attn: Customer Service,182 Vivian 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.
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.
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 [email protected] by telephone at New Zealand +64 4 889 2864, Australia +61 3 5294 0380, United Kingdom +44 20 3286 9592.