This Policy was last updated on 12 August 2019. Further changes or updates to this policy will be made available on the Updates page of our website.
Our Services and these Terms
How these Terms apply to you: Our services allow our users to set up money transfers to send money to recipients around the world, using our website or Apps (Services). These Terms are the terms and conditions on which we provide our Services to you. If you use our Services you are agreeing to these Terms, so please read these Terms carefully before you start using our Services and if you do not want to be bound by these Terms, please do not use our Services.
Why these Terms Matter: These Terms (and the documents we link or refer to) set out the basis of how we provide Services to you, what your rights and obligations are, how the Terms may be changed, what to do if there is a problem and other important information.
Other documents incorporated into these Terms: The policies and information set out on our website form part of these Terms and also apply to your use of our Services. These include:
If there is any inconsistency between the policies, the information on our website and these terms and conditions, the terms and conditions take precedence.
Changes to these Terms. We can change these Terms and/or change any of these Services by notice to you, which may be by way of notification on the Updates page of our website and/or by notices to you via our Apps. The policies and Helpcentre articles will specify when they were last updated. If you continue to use our Services following such change then you will be deemed to have accepted such change. If you do not agree to the change then you must stop using our Services immediately, and contact us to close your Account.
The OrbitRemit Apps
Use of Our Apps. You can access our Services through our Apps (as well as our website). If you use our App, we license the use of the App to you on the basis of this Agreement and subject to any rules and policies applied by any App provider or operator whose sites are located at App Store and Google Play. We do not sell the App to you. We remain the owners of the Apps at all times.
App updates. From time to time updates to the Apps may be issued through App Store or Google Play Store. Depending on the update, you may need to download the latest version of the relevant App in order to use our Services via the App.
Us: In these Terms, OrbitRemit, we, us, our etc means OrbitRemit Limited and our permitted successors and assignees. In some countries we may trade through a subsidiary or related party (such as in the UK) in which case OrbitRemit, We, Us, Our etc includes that subsidiary or related party.
About Us: OrbitRemit Limited is a company incorporated in New Zealand and is an authorised Financial Service Provider. In Australia, we are registered with ASIC as a foreign/overseas company (ARBN 601986038 and ABN 69601986038). We offer our Services in the UK through a UK company, OrbitRemit Ltd.
You and Your use of our Services
You. The terms "you" and "your" refer to users of the Services.
You must be 16 years or over. If you are an individual, you must be 16 years or older to use our Services, and by opening a OrbitRemit Account you declare that you are 16 years or older. We may ask you at any time to provide proof of your age.
You must have authority to bind your business. If you are acting on behalf of a company or other entity, you confirm that you have authority to bind that company or entity on whose behalf you use our Services, and that company or entity accepts these terms.
Discretion to refuse. We may refuse to accept a new customer at our discretion (but we will not do so on prohibited discriminatory grounds).
Prohibited Use: You must comply with all applicable laws relating to your use of our Services. You cannot use our Services for, or in connection with, any illegal purpose including but not limited to money laundering, fraud or the funding of terrorist activities. We may refuse any Transfer if we consider that it, or our provision of the Services in connection with it, may be illegal, prohibited by any relevant regulatory authority (which may include an authority outside New Zealand) or used for a prohibited purpose.
Create an OrbitRemit Account. To start using our Services, you must create an OrbitRemit Account and provide your details as prompted. Once your Account is set up you can create a Transfer.
Transacting on your own account. You can only use your OrbitRemit Account to make transfers for yourself. You cannot make a Transfer on behalf of anyone else. All Transfers you carry out will be treated as if they are for your own account.
One account per person or entity. You may only open one OrbitRemit Account unless we have agreed in writing to the opening of additional accounts. OrbitRemit may refuse the creation of duplicate accounts for the same user. Where duplicate accounts are detected, OrbitRemit may close or merge these duplicate accounts at its sole discretion.
Commercial Transactions. If you use our services to pay for goods or services, you acknowledge that we have no control over and are not responsible for such goods or services (or the delivery, quality or safety of such).
Our Checks: We may carry out customer and security checks, and customer verification on you and your recipient in order to provide any Services to you. You agree to comply with any request from us for further information to enable us to provide the Services to you. In addition, you agree that we may make, directly or through any third party, any inquiries we consider necessary to validate the information provided to us, including checking commercial databases or third party reports. You agree to the use of electronic identity checking (which may include biometric verification), and agree that we may access third party databases for verification.
Setting up a Transfer
Setting up a Transfer. If you want to make a Transfer, you need to log in to your Account and follow the steps for "Making a Transfer". You can set up a Transfer in two ways:
you can specify the amount of money you want to transfer (the exchange rate and fees will determine how much your recipient gets); or
you can specify the amount of money you want your recipient to receive (the exchange rate and fees will determine how much you have to transfer).
The countries you can send money from, and those you can send money to, are specified on our website (and may be updated from time to time).
Depositing Funds to cover Transfer. Once you have set up a Transfer, you must immediately deposit funds to cover the full amount of the Transfer (including fees). You can deposit funds by bank transfer or (depending on where you are transferring money from and to) other specified ways (together Payment Methods). We cannot guarantee the use of any particular Payment Method and may change or stop offering a Payment Method at any time without notice to you.
Chargebacks on your payment instrument. When you set up a Transfer, if you selected a Payment Method which gives you chargeback rights, you promise that you will not exercise your chargeback right for reasons for which we are not responsible, including a dispute with your recipient or if there are insufficient funds in your payment instrument. You will only exercise this chargeback right if (a) we have breached these Terms; or (b) there was an unauthorised use of your payment instrument (e.g. someone stole your card).
Confirming your Transfer. Once you have successfully submitted your Transfer request, We will send you an email confirmation of that Transfer request. (The confirmation does not amount to acceptance that we will process the Transfer, only confirmation of receipt of the Transfer request).
Funds Must Cover Transfer: We will generally only process your Transfer once we have received funds to cover the Transfer (and any applicable fees). If we do not receive sufficient funds by the next Business Day after you set up your Transfer, we may cancel your Transfer. If you have set up more than one Transfer, funds received will be applied to the oldest active Transfer you have placed, although we may apply funds differently (for example by matching amounts) at our discretion.
Setting up Transfer is an Offer: When you set up and confirm a Transfer, you are requesting that we process the Transfer (legally an Offer). We can accept or reject your Offer at our discretion. Receiving a confirmation of your Transfer request is not acceptance of your Offer. Processing your Transfer is acceptance of the Offer. We will notify you if we do not accept your Offer (i.e. we refuse to process your Transfer). This will usually be because we believe there is an error in the Transfer; we have made a mistake (for example specifying the wrong exchange rate); your volume or value of Transfers is out of the ordinary in a manner that raises concerns; or there is some material adverse event that impacts our ability to provide the Services or we have other grounds to believe it is inappropriate to process your Transfer. In such cases we will refund your money (unless there is some legal reason not to do so) but you will not be able to claim any other loss or damage.
Cancelling your Transfer: You can request that we cancel your Transfer after you have set it up but before we have processed it. Go to our Helpcentre for details on how to make this request.
Processing and Timing of Your Transfer
Completion time of your Transfer. When you set up your Transfer, we provide an estimate of the delivery time for payment to the recipient. If your Transfer is submitted after 5pm on a Business Day or not on a Business Day, this may affect the length of time to process your Transfer. When we process your Transfer we will use reasonable efforts to ensure that the funds arrive in the recipient's bank account (or for collection by the recipient) within the estimated timelines. However, we do not have any control over, and we are not responsible for, external factors including the time it may take for the recipient's bank or payment provider to credit and make available funds to the recipient.
Verification checks. As part of the Transfer process we carry out verification checks (which differ from country to country). Carrying out these checks may increase the time it takes to process your Transfer, and if there is a problem with verification your Transfer may be delayed or not completed.
Refusal of your Transfer. If we refuse or are unable to complete your Transfer, we will let you know and, if possible, the reasons for the refusal and an explanation on how to correct any factual errors. However, we are not required to notify you if such notification would be unlawful.
Recipient Identity: Recipients of cash Transfers 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 the Transfer Number.
Information must be Accurate
Information Required. When you set up a Transfer you will be asked to provide certain information (including bank account numbers and/or identifying details about the recipient). You must provide all requested information or you may not be able to set up the Transfer.
Complete and Accurate Information: You must make sure all information you provide in relation to a Transfer and/ or your Account is complete and accurate. If information in relation to your Account changes you must update it. We may ask you at any time to confirm the accuracy of your information and/or provide additional supporting documents.
What happens if you provide us with incorrect information. We can rely on the information your provide in order to process your Transfer, even if you have made a mistake. If you have made a mistake and we process a Transfer, we are not liable for the loss you suffer but will use reasonable efforts to recover the funds for you and may need to charge you a fee for that.
Fees and Exchange Rates
The exchange rate that applies to your Transfer. When you set up your Transfer you will be advised (before you confirm the Transfer) what the applicable exchange rate is for that Transfer. We make a margin on the exchange rate.
Transfer fees. We charge a Transfer fee for each Transfer. You can see our current fees on our Pricing page on our website. The fee you pay will be shown when you set up a Transfer (before you finalise the Transfer). It is possible that your bank or other payment provider may charge fees depending on your payment method. We are not responsible (and may not be aware of ) third party fees.
Your Transfer history. All your Transfers are recorded in the Transfer history section of your OrbitRemit Account. You may access this information after you log in to your OrbitRemit Account. We allocate a Transfer number to each Transfer. You should quote this Transfer number when communicating with us about a particular Transfer.
Contact us if something is wrong. We rely on you to regularly check the Transfer history of your OrbitRemit Account and to contact our Helpcentre immediately in case you have any questions or concerns, including if you don't recognise a Transfer or you think there has been a mistake with a Transfer or your Account. If we have made a mistake we will correct our error provided you inform us as soon as you can and in any event within six months of the relevant Transfer.
Taxes. You are responsible for any taxes which may be applicable to Transfers you make or receive, and it is your responsibility to collect, report and pay the correct tax to the appropriate tax authority.
Keeping your OrbitRemit Account Safe
Actions to take to keep your OrbitRemit Account safe: You must:
change your password regularly and ensure that you don't use the same password for other accounts; and use a password manager or other method to create a strong password. You may reset your OrbitRemit Account password using your email address;
set up and use 2-step authentication if you are prompted to do so;
keep your e-mail account secure; and
contact our Helpcentre if anyone asks for your OrbitRemit password or you think someone else has obtained your password or used your Account without your authorisation. If this happens you should also change your password.
What NOT to do. You must not:
disclose your OrbitRemit Account password or your customer reference number (which starts with the number 8 followed by a series of numbers). Keep them safe;
let anyone access your OrbitRemit Account or watch you accessing it.
store your password details on your computer or browser (or store or allow such details to be stored in a place that might be accessed by someone else).
Stopping Your use of our Services
Closing Your Account. If you want to permanently stop using our Services you can close your OrbitRemit Account at any time by contacting our Helpcentre. If you have any money in your Account (for example because of refunds) we will arrange to return that to you. You will need to give us bank account details for return of funds.
You must not close your OrbitRemit Account to avoid an investigation. You must not close your OrbitRemit Account to avoid an investigation. If you attempt to close your OrbitRemit Account during an investigation, we may hold any money in your account until the investigation is fully completed in order to protect our or a third party's interest.
Intellectual property rights
You acknowledge that the Services, and our website and App and all documentation, applications, content and features of such, are owned (or licensed) by OrbitRemit (OrbitRemit Intellectual Property). You cannot use OrbitRemit Intellectual Property except to use the Services in accordance with this Agreement. You agree not to (or to attempt to):
transfer, sublicense, sell or grant rights in our Intellectual Property to any person or entity;
remove, obscure, or alter any Intellectual Property or notice of registration of such;
modify, copy, tamper with, reverse engineer, derive the source code of, or otherwise create derivative works of OrbitRemit Intellectual Property.
Our responsibility to You
What we do: We make reasonable efforts to ensure our Services are available and, where we have not refused a Transfer, to process Transfers in a timely manner, but we make no representations or warranties regarding the availability of our Services or the time to process Transfers, and we are not liable to you for unavailability of part or all of the Services or for delays in processing of Transfers.
Our Mistakes. If we make a mistake in processing your Transfer, you can request and will be entitled to a refund of the amount of the Transfer (if you have not recovered it) and fees, provided that tell us as soon as you reasonably can once you realise there was a mistake (and in any event within six months of the Transfer), and that you have complied with all these Terms.
Our liability to you is limited. To the extent permitted by law, OrbitRemit will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages beyond the sum of $500.00 (plus any applicable refund of the Transfer amount and 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, or our subsidiaries, officers, agents, or employees.
We are not liable for technological attacks. We will not be liable for any loss or damage caused by a virus, or other technological attacks or harmful material that may infect your computer equipment, computer programmes, data or other proprietary material related to your use of our Services. We recommend the use of your own virus protection software. We cannot guarantee that our Services will be free from bugs or viruses.
We have no control over websites linked to and from our Website. We assume no responsibility for their content or any loss or damage that may arise from your use of them.
Consumer Guarantees Act: Nothing in these Terms 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.
Closing Your Account or Suspending Services
Closing Your Account: We may close your OrbitRemit Account or stop you using any Service associated with it by giving you two months' prior notice. In addition, we may suspend Services to you and/or close or suspend your Account immediately in the following circumstances:
you breach any provision of these Terms ;
we are requested or directed to do so by any court, government authority, regulator or other authority;
we reasonably believe that you are in breach of any applicable law or regulation or are involved in any fraudulent activity, money laundering, terrorism financing or other criminal or illegal activity;
we reasonably consider that such action is necessary because of concerns about the security, unauthorised or fraudulent use of your Account.
How we can contact you: We usually contact you via the OrbitRemit App, text message and/or email or support ticket. So that we can contact you, you must at all times maintain at least one valid email address, phone number and a current residential address in your OrbitRemit Account profile. We are not responsible for any consequence or loss if you have not checked emails or messages from us.
Contacting Us: You can contact us (for general queries, support, complaints or other purposes) through the Helpcentre on our website or in our App. If you have problems using our Services through our website or App, the Helpcentre also provides answers and links to common issues and questions.
Timing of communication: Any communications or notices will be deemed received as follows:
(a) email will be deemed received on the same day if it is received in the properly notified email inbox before 5pm on a Business Day; or the following Business Day if received at any other time;
post will be deemed received three days from the date of posting for NZ post or within five days of posting for international post.
text messages or notifications through the App will be deemed received the same day.
Other important terms
Severability: If a court finds any term of these Terms invalid or illegal, the rest of the Terms will continue in full force and effect.
No Waiver: Even if we delay in enforcing these Terms , or don't immediately exercise any of our rights under it, we can still enforce them or exercise our rights later. Such delay or failure to enforce is not a waiver of any of our rights.
Entire Agreement: These Terms (including the documents incorporated in them) form the entire agreement between you and us, and supersedes and extinguishes all previous agreements between you and OrbitRemit relating to its subject matter.
Governing Law: This Agreement is governed by the laws of New Zealand. Any dispute between you and us in connection with the Services and/or this Agreement will be brought in the courts of New Zealand.
English language: The binding language of our communications and documents is English. We may from time to time include documents or other communications in another language for the convenience of users, but if there is any inconsistency between the English and or any other language we use, the English text shall be binding.
Understanding these Terms
Definitions: In these Terms the following words have these meanings (unless the context requires otherwise):
App means the mobile application software, the data supplied with the software and the associated media.
Business Day means any day other than a Saturday, Sunday or public holiday in New Zealand (or, in relation to Transfers submitted in Australia or the UK, then Australia or the UK respectively).
OrbitRemit Account or Account means the account you have opened with us in accordance with these Terms.
Recipient is someone specified by You who receives (or is intended to receive) money through a Transfer.
Services means all products, services, content, features, technologies or functions offered by us and all related websites, applications to do so.
A Transfer is a specific instruction or request to send money through the Service. A Transfer Number is the identifying number allocated to that Transfer by us after you have set it up. Before a Transfer is processed it may be referred to as a Transfer request.
Website means www.orbitremit.com (or any website in replacement for that) through which we provide or can provide the Services to you.
Interpretation: The headings are for reference only. Underlined words contain hyperlinks to further information.