IF YOU ARE 18 OR OVER AND RESIDENT IN THE UNITED KINGDOM, YOUR AGREEMENT WITH US WILL BE MADE ON THESE TERMS AND CONDITIONS. THESE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR ACCESS TO AND USE OF THE EZCASH LIMITED ONLINE WEBSITE AND THE SERVICES AVAILABLE ON THE EZCASH LIMITED ONLINE WEBSITE.
IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR TERMS AND CONDITIONS BEFORE YOU ACCEPT THEM. THEY CONTAIN LIMITATIONS ON THE SCOPE OF OUR OBLIGATIONS TO YOU, AS WELL AS LIMITATIONS ON AND EXEMPTIONS FROM OUR LIABILITY TO YOU IN THE EVENT THAT YOU SUFFER LOSS AS A RESULT OF USING OUR SERVICES. WE HAVE HIGHLIGHTED IN BOLD THOSE PROVISIONS WHICH DO THIS.
As used in our Terms and Conditions, the terms:
(A) "Bank card" refers to a Visa® or MasterCard® credit card or debit card issued by or through a UK bank or building society.
(B) "Card issuer" refers to the issuer and owner of a bank card.
(C) "prohibited purpose" refers to any unlawful purpose; the purpose of making or receiving payment for gambling services, gambling chips or gambling credits; the purpose of making or receiving payment for b anking or other financial services; or the purpose of sending a payment to yourself as the recipient.
(D) "Recipient" refers to the person identified as the beneficiary of a money transfer.
(E) "Sender" refers to the person who initiates the carrying out of a money transfer by using the services offered by Ezcash Limited.
(F) "Transaction" refers to each money transfer that you initiate under, and each other use that you make of, the Ezcash Limited Services;
(G) " Ezcash Limited", "we", "our" or "us" refers to Ezcash Limited, which is a company incorporated under the laws of the England and, in the provisions listed in clause 15 (other than clause 9.7) and in references to "our negligence or fraud", includes any affiliate or agent of Ezcash Limited when performing a task which would otherwise have to be performed by Ezcash Limited in connection with its provision of the Ezcash Limited Service;
(H) " Ezcash Limited Service" refers to any or all of the services which are made available by us by means of the Ezcash Limited Online Site, or via the telephone or in person.
(I) "Ezcash Limited Site" or "site" refers to the Web site operated by us to provide online money transmission services and related information facilities; and
(J) "you" or "your" refers to any person who uses the Ezcash Limited Online Site or the Ezcash Limited Services, whether as a sender or as a recipient.
We may change our Terms and Conditions from time to time. We will notify you of any change to our Terms and Conditions by posting a clear and readily accessible notice of change on the Ezcash Limited Online Site. No change which we may make will affect the terms on which you used the Ezcash Limited Online Site, or on which we provided the Ezcash Limited Services to you, before we posted the notice of change on the Site. No change which we may make will affect your ability to terminate your agreement with us under clause 14.1 below.
1. OUR RESPONSIBILITY TO YOU
1.1 Our agreement with you is that we will take reasonable care to provide the Ezcash Limited Services. As such, we agree to provide you with the money transmission services (including the "special services") and the related information facilities described from time to time on the Ezcash Limited Site.
1.2 We will generally rely without further enquiry on messages that are transmitted through the Ezcash Limited Site and actually received by us, unless we have actual notice that any such message is incorrect, unauthorized or forged.
1.3 We do not accept any responsibility to you for:
(a) the goods or services which you pay for by using the Ezcash Limited Services;
(b) malfunctions in communications facilities which cannot reasonably be considered to be under our control and that may affect the accuracy or timeliness of messages you send to us;
(c) any losses or delays in transmission of messages arising out of the use of any Internet access service provider or caused by any browser or other software which is not under our control;
(d) the services provided to you by your card issuer;
(e) viruses caused by third parties;
(f) errors on the Site or with the Ezcash Limited Service caused by incomplete or incorrect information provided to us by you or a third party;
(g) any unauthorized use or interception of any message or information before it reaches the Site or Ezcash Limited; or
(h) any unauthorized use of or access to data relating to you or your transactions which is held by us (unless such use or access is caused by our negligence, fraud or failure to comply with laws relating to the protection of your data).
1.4 We have no obligation to you to initiate or perform a money transfer or other transaction as part of the Ezcash Limited Services if:
(a) we are unable to obtain satisfactory evidence of your identity and address proof (refer to our AML policy);
(b) we have reason to believe that the transaction message is incorrect, unauthorized or forged;
(c) you provide us with incorrect or incomplete information or if your transaction message is not given to us sufficiently in advance to allow for timely provision of the requested transaction; or
(d) your card issuer does not authorize your use of your bank card for payment of the transaction and our related charges, and we do not accept any liability for damages resulting from non-payment or delay in payment of a money transfer to a recipient or failure to perform a transaction under the Ezcash Limited Services by reason of any of these matters.
1.5 We may refuse to provide the Ezcash Limited Services (in whole or in part) to you if to do so may breach any applicable law, order of a court or requirement of any regulatory or governmental authority, body or agency having jurisdiction over us, or if we otherwise consider such action necessary to protect our interests. However, if we refuse to provide the Ezcash Limited Services (in whole or in part) for any of these reasons, we will wherever practicable notify you that we have done so and, unless we are prevented from doing so for some legal reason, we will explain why we have done so.
1.6 We may suspend the operation of the Ezcash Limited Online Site or the Ezcash Limited Services in whole or in part if, in our absolute discretion, we consider it appropriate to do so by reason of any circumstances beyond our control. We undertake that if the services provided by the Ezcash Limited Online Site or the Ezcash Limited Services are interrupted (whether by us, any third party service provider or otherwise) for any reason we will take reasonable care to minimize the duration of any interruption. Provided we comply with this undertaking, we shall not be liable to you for any loss or liability which may be suffered or incurred by you as a result of any such interruption, even if caused by our negligence, except where any such interruption is caused by our fraud.
1.7 We will generally communicate with you through the Internet and by e-mail. This does not affect your right to communicate with us by any other means described in clauses 4.1, 5, 7 and 14.1 below in the circumstances contemplated by those provisions.
2. YOUR RESPONSIBILITY TO US
2.1 You agree to pay our charges for each money transfer or other transaction which you initiate or request under the Ezcash Limited Services. Clear information explaining our charges can be viewed at Our charges. "Price It" feature, which provides the cost of sending a money transfer
2.2 You must pay for the principal amount of a money transfer and our charges by using online banking or in person. Each time you use the Ezcash Limited services, you agree that we are authorized to charge your card issuer for the principal amount of any money transfer and our charges relating to the relevant transaction before we perform the money transfer or other transaction. The amount that we will charge to your card issuer will be notified to you prior your final authorization of the transaction.
2.3 You acknowledge and agree that:
(a) when you register with us, you will provide us with true, accurate, current and complete information;
(b) you will maintain and promptly update such information to keep it true, accurate, current and complete;
(c) you will not use the Ezcash Limited Online Service for or in connection with any prohibited purpose;
(d) you will not initiate a money transfer or other transaction under the Ezcash Limited in breach of these Terms and Conditions or any other restriction or requirement of use described on the Ezcash Limited Online Site; and
(e) you are responsible for the security of your password and e-mail account log-in in accordance with clause 7 below.
2.4 You acknowledge and agree that information about you, and the services we provide to you, may be provided by us from time to time to regulatory or governmental authorities, bodies or agencies where:
(a) we are required by law to do so; or
(b) if we determine that such disclosure may help to combat fraud, money laundering offences or other criminal activity.
2.5 You agree that you will generally communicate with us through the Internet and by e-mail. This does not affect your right to communicate with us by any other means described in clauses 4.1, 5, 7 and 14.1 below in the circumstances contemplated by those provisions.
3. FOREIGN EXCHANGE
3.1 All currency converted under the Ezcash Limited is converted at our rate of exchange. You may choose to convert the currency either at the time you initiate the money transfer or at the time the payment is made to the recipient. If the currency is converted at the time you initiate the money transfer, the recipient will receive the foreign currency amount notified to you at the time the transfer is initiated. If the currency is converted at the time the recipient is paid, then any amount notified to you at the time the transfer was initiated may be subject to exchange rate fluctuations between the time of transfer and the time the recipient collects the funds.
3.2 We use an exchange rate which is comparable to rates used by bureaux de change and other retail currency exchange facilities which offer exchange of comparable amounts of currency to the general public. Our exchange rate may be less favorable than some publicly reported commercial exchange rates used in transactions between banks and other financial institutions. Any difference between the currency exchange rate offered to you and the currency exchange rate received by us will be kept by us, in addition to our charges.
3.3 You acknowledge that when you initiate a money transfer through the Ezcash Limited, you will be required to select the currency in which you wish payment to be made to the recipient. Some Ezcash Limited agent locations offer recipients the choice of receiving the funds in a currency that is different from the one selected by you. In such cases, we may make additional money when your funds are converted into the currency selected by the recipient.
4. CANCELLATION AND REFUNDS
4.1 "Under laws relating to online contracts, you have a right to cancel your agreement with us at any time after you indicate your acceptance of our Terms and Conditions. This right of cancellation continues until the expiry of fourteen days beginning on the day after your acceptance of our Terms and Conditions. You may cancel your agreement with us by:"
(a) telephoning us on +44 (0) 207 993 6616;
(b) writing to us at Ezcash Limited, Block 8,1 Hermitage Close,Abbey Wood,London.SE2 9NG, United Kingdom.
(c) sending us a fax to +44 (0) 203 538 5329
We will accept any notice which indicates, in whatever form of words,that you wish to cancel your agreement with us.
4.2 If you exercise your right to cancel under clause 4.1 before you have sent a money transfer order to us, your agreement with us will terminate and you will not be able use the Ezcash Limited to send any money transfer orders. We will not charge you any cancellation fee.
4.3 If you exercise your right to cancel under clause 4.1 after you have sent a money transfer order to us, we will reimburse any payments which you made to us before cancellation, but:
(a) we may make a cancellation charge (for details see Cancellation charges); and
(b) we will not reimburse you if we have paid the money transfer to the recipient before we receive your notice of cancellation.
4.4 Your right of cancellation under laws relating to online contracts is in addition to your right as sender upon request to us (by using any of the methods described in clause 4.1 above) to receive a refund of:
(a) the principal amount of a money transfer (at our exchange rate applicable at the time the refund is made) if payment is not made to the recipient within 45 days; and
(b) any charge paid by you in respect of a money transfer if we have not made the money transfer available to the recipient within the time specified by us for the selected Ezcash Limited Online Service (subject to the business hours of the location selected for payment and other conditions beyond our control, such as bad weather or telecommunications failure).
5. CUSTOMER SERVICE
If you discover any errors or have any problems with or related to the Ezcash Limited Online Site or Ezcash Limited Services, you must first contact us by e-mail at email@example.com or call us on +44 (0) 207 993 6616.
You will be required to register with us in order to use the Ezcash Limited Services. Registration is subject to these Terms and Conditions.
7. PASSWORD AND SECURITY
You will choose a password and account e-mail login upon registering with us. You are responsible for maintaining the confidentiality of your password and account e-mail login, and are fully responsible to us for all activities that occur under your password or account e-mail login. You agree to immediately notify us by calling us at +44 (0) 207 993 6616 of any unauthorized use of your password or account e-mail login or any other breach of security. Once you have told us that there has been an unauthorized use of your password or account e-mail login, we will take immediate steps to try to prevent these from being used. Subject to our taking such steps, we are not liable for any loss or damage arising from your failure to comply with your obligation under clause 5 or this clause 7. You may have a right against your card issuer to have sums refunded or re-credited to you if fraudulent use is made of your bank card.
8. DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
By accepting these terms I declare and certify the authenticity, accuracy and completeness of the information supplied in the application and/or contract signed, as well as all documentation and photocopies of documents supplied with this application and/or contract. To this end, the sender expressly authorizes Ezcash Limited to conduct such checks and measures that may be appropriate before any body, entity or person, public or private, in order to confirm the truthfulness of the information and/or documentation supplied along with this document. By accepting this these terms you expressly authorize Ezcash Limited to disclose your personal information with a third party (Equifax PLC of United Kingdom, Capital House 25 Chapel Street, London NW15DS, Registered in England No. 2425920 / GB House, Kingsfield Court, Chester Business Park, Chester CH4 9GB Registered in England No. 539716218 / I-CD Publishing Ltd (UK), Unit 8
Quayside Lodge, William Morris Way, London SW62UZ, Registered in England No. 03148549), in order to examine the truthfulness and accuracy of the data contributed. Furthermore, you declare freely, unequivocally and specifically that you give your informed consent to Ezcash Limited to communicate your personal information for the purposes of including them in the a file to be shared with similar
credit reference agencies if it transpires that the information and/or documentation supplied is lacking in truthfulness and accuracy.
9.1 We will refund to you any benefit which we receive as a result of any breach of our agreement with you or other wrongdoing (this means that, for example, where a money transfer has failed in such circumstances we will refund to you the principal sum and the service charge).
9.2 If a money transfer is delayed or fails, you may have a right to receive a refund or compensation under laws relating to the provision of international money transfer services. We would be happy to provide you with the details of your rights to a refund or compensation by ringing the number set out in clause 5 above.
9.3 If any loss which you or a recipient (who is not registered with us) suffers is not covered by a right to payment under the laws referred to in clause 9.2, we will only accept liability for that loss up to a limit which is the greater of: (a) the amount of any service charge; and (b) 500, unless otherwise agreed by us in writing. Our cap on our liability only limits a claim for loss arising out of any single transaction or related transactions, or (if a loss does not arise out of a transaction or transactions) any single act, omission or event or related acts, omissions or events. This means that if, for example, you suffer loss by reason of our failure to perform our agreement with you under two unrelated transactions, you might be able to claim up to 1000. We do not, in any event, accept responsibility for any failure to perform your instructions as a result of circumstances which could reasonably be considered to be outside our control.
9.4 Any claim for compensation made by you and/or a recipient (who is not registered with us) must be supported by any available relevant documentation.
9.5 Nothing in this clause 9 shall (a) exclude or limit liability on our part for death or personal injury resulting from our negligence; or (b) exclude liability for our fraud.
9.6 Where you are sending a money transfer to a recipient who is not registered with us, you agree to accept the provisions of this clause 9 not only for yourself, but also on behalf of the recipient.
9.7 Your relationship is with Ezcash Limited only. You agree that no affiliate or agent of Ezcash Limited owes you any duty of care when performing a task which would otherwise have to be performed by Ezcash Limited under its agreement with you.
10. INTELLECTUAL PROPERTY
The Ezcash Limited Online Site and the Ezcash Limited Services, the content, and all intellectual property relating to them and contained in them (including but not limited to copyrights, patents, database rights, trademarks and service marks) are owned by us, our affiliates, or third parties. All right, title and interest in and to the Ezcash Limited shall remain our property and/or the property of such other third parties. The Ezcash Limited may be used only for the purposes permitted by these Terms and Conditions or described on the Site. You are authorized solely to view and to retain a copy of the pages of the Ezcash Limited for your own personal use. You may not duplicate, publish, modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way distribute or exploit the Ezcash Limited or any portion thereof for any public or commercial use without our express written permission. You may not: (a) use any robot, spider, scraper or other automated device to access the Ezcash Limited Online Site; and/or (b) remove or alter any copyright, trademark or other proprietary notice or legend displayed on the Ezcash Limited Site (or printed pages of the Site). The name Ezcash Limited and other names and indicia of ownership of Ezcash Limited's products and/or services referred to on the Ezcash Limited Online Site are our exclusive marks or the exclusive marks of other third parties. Other product, service and company names appearing on the Site may be trademarks of their respective owners.
11. LINKS TO OTHER WEB SITES
The Ezcash Limited Online Site may contain links and pointers to other World Wide Web Internet sites and resources (the "Links"). Links to any Linked Site do not constitute an endorsement by, or association with, us of any third party resources or their contents. Links do not imply that we are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any Linked Sites are authorized to use any trademark, trade name, logo or copyright symbol of Ezcash Limited. You should direct any concerns regarding any Linked Site to such Linked Site's site administrator or webmaster. We do not represent or endorse the accuracy or reliability of, and expressly disclaim, any advice, opinion, statement, or other information displayed or distributed through any Linked Site. You acknowledge that any reliance upon any opinion, advice, or information displayed on or otherwise available through any Linked Site shall be at your sole risk. "LINKS TO OTHER WEB SITES "LINKS TO OTHER WEB SITES
12. ENTIRE AGREEMENT
These Terms and Conditions, together with all other matters incorporated into these Terms and Conditions by reference, embody the entire agreement and understanding between you and us and supersede and terminate all prior agreements or understandings you may have with us.
We have the right to transfer, assign or delegate our rights and/or responsibilities in whole or in part under our agreement with you to an affiliated company, or any third party, at any time without your consent unless such transfer would reduce your rights and/or remedies or increase your responsibilities and/or liabilities under your agreement with us. You may not transfer your rights and/or responsibilities under your agreement with us without our prior written consent.
14. TERMINATION AND SUSPENSION
14.1 Either you or we may terminate the agreement between us upon giving not less than 1 day's notice. You may send us a notice of termination by any of the means described in clause 4.1 above.
14.2 You shall notify us immediately if any of the following events occurs:
(a) you become, or are likely to become, insolvent or are declared bankrupt;
(b) any other event which affects or might affect your ability to perform your agreement with us.
14.3 We may terminate our agreement with you and/or suspend the Ezcash Limited (in whole or in part) in relation to you with immediate effect and without prior notice to you if:
(a) any event set out in clause 14.2 occurs;
(b) you are in breach of any provision of these Terms and Conditions;
(c) it appears to us that you have become or are likely to become mentally incapable of managing your property and affairs, or any other event occurs which affects your legal capacity or ability to contract with us on our Terms and Conditions; and
(d) your use of the Ezcash Limited Site and services are disruptive to our other customers.
We shall endeavour to give you prior notice of any such termination or suspension and, if it is not practicable to give such prior notice, endeavour to give notice to you of such termination or suspension as soon as possible thereafter.
14.4 We may terminate our agreement with you and/or suspend the Ezcash Limited on the basis of information supplied to us (whether orally or in writing) that we in good faith believe to be true.
14.5 The termination of our agreement with you and/or the suspension of the Ezcash Limited shall not affect any rights or obligations arising prior to or arising during or after the date of termination or suspension or which arise in consequence of it, and all such rights and obligations shall continue to be subject to these Terms and Conditions.
14.6 Neither you nor we shall be liable to the other for any liabilities suffered or incurred by the other arising out of the taking of any action which you or we are authorized to take or which is otherwise provided for under these Terms and Conditions or by any restriction or requirement for use of the Ezcash Limited described on the Site, including without limitation the exercise of any powers of termination and/or suspension under this clause 14.
14.7 The provisions of our agreement with you shall continue to apply during any suspension of the Ezcash Limited Online Service. The provisions of clauses 1.3 to 1.6 (inclusive), 2.4, 6 to 11 (inclusive), 14, 15 and 17 (and the definitions set out above which are used in those clauses) shall survive any termination of our agreement with you.
15. THIRD PARTY RIGHTS
The Contracts (Rights of Third Parties) Act 1999 shall not apply to the agreement between us and accordingly nothing in it shall be directly or indirectly enforceable by any third party, nor is it intended to confer a benefit on any third party. However, clauses 1.2, 2.4, 3, 9.7, 10, 11 and 17 shall also operate for the benefit of, and accordingly be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by, our affiliates and agents. Our agreement with you may be changed or terminated without the consent of any such affiliate or agent.
In the event any one or more of the provisions of these Terms and Conditions shall for any reason be held to be invalid, illegal or unenforceable, the remaining provisions shall remain valid and enforceable.
17. GOVERNING LAW
Our agreement with you is governed by English law. We both agree that any dispute, claim or other matter relating to Ezcash Limited will be dealt with by the English courts only.
18. DATA PROTECTION
Your personal information is processed under the applicable laws and is controlled by Ezcash Limited. Ezcash Limited uses personal data ("Information") provided in the money transfer instruction, together with other information which is collected or generated during the course of your relationship with Ezcash Limited, such as transaction and loyalty program details, transaction history and marketing preferences, for the purposes of providing you with the requested services (including, among others, for purposes such as administration, customer service, user validation, fraud prevention and product and business development activities). Ezcash Limited may also use Information in connection with other services, products, convenience and/or rewards programs, you signed up for with Ezcash Limited or its affiliates. Ezcash Limited will hold and retain information that the sender gives us about another person such as the details of the receiver of the money transfer service (the "Third Party's Information") in order to execute the transaction. The provision of Information and the Third Party's Information is voluntary but necessary (subject to the provisions set out in this paragraph) to execute the transaction. Without the relevant information, Ezcash Limited is unable to execute the money transfer, facilitate convenience activities or other requested services. In accordance with your marketing preferences, by choosing to enter details in the optional fields, Ezcash Limited or its affiliates and business partners may send commercial communications regarding Ezcash Limited products and services by phone/email/SMS/MMS/Postal Mail to the sender. By agreeing to receive communications by phone/SMS/MMS, the sender accepts that any charges imposed on the sender by the network provider for this service are the sender's sole responsibility. If you do not wish to receive such communications, please contact Ezcash Limited in the manner indicated below. Ezcash Limited will disclose Information to third parties with whom we have a contractual relationship to protect Information such as authorized service providers, Agents and other third parties as reasonably required for the purposes indicated in these Terms and Conditions, and to carry out the money transfer or to facilitate future transactions, or to supplement Information with information from publicly available sources, such as information to validate the accuracy of your address. Ezcash Limited may also disclose Information to third parties, where reasonably necessary, for the purposes of the prevention and detection of crime, prosecution of offenders, for purposes of national security or when required by law. Ezcash Limited retains Information, the marketing preferences and transaction history of the sender based on our record retention schedules for no longer than is necessary for the purposes for which the data were collected and in compliance with applicable laws. If the sender does not perform another transaction within the retention time period, the Sender Information as well as all marketing preferences will be cancelled. You have a right to access and to ask for a copy of your information for which Ezcash Limited may charge a small sum to the extent permitted by applicable law. You may also correct, erase or block Information which is incomplete, inaccurate or out-of-date. You may also object at any time on legitimate grounds relating to your particular situation to the processing of your Information, where the processing is not required to complete the service, by a law or regulation. If you wish to exercise these rights or no longer wish to receive commercial communications from Ezcash Limited, please contact Ezcash Limited in accordance with applicable law by calling +44 (0) 207 993 6616 during regular business hours or alternatively by writing to the address provided below.
Forest Road East,
Lines are open Monday to Friday from [9.30am to 7pm and on Saturdays from 10am to 6pm] validate these times with local capability.