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Travelex Money Transfer Terms and Conditions (Terms and Conditions)

1

Who We Are and Defined Terms

1.1

This online Travelex Money Transfer service (Service) is provided by Travelex Outsourcing Pty Ltd (ABN 48 127 747 586) referred to as “Travelex” or “we” or “us” or “our”, Registered Office: Level 8, 565 Bourke Street, Melbourne VIC 3000, registered in Australia. You can also contact us via email at eCommerce@travelex.com.au or via telephone on 1800 003 876.

1.2

The following terms have the meaning set out below unless the context requires otherwise:

Business Days” means Monday to Friday excluding National Public Holidays and Bank Holidays in Melbourne and Sydney.

Recipient” means the holder of the Recipient Card.

Recipient Card” means the Visa card whose card number you have provided to us as being the card to which the relevant funds are to be sent.

Recipient Card Number” means the 16 digit card number provided by you to us and which identifies the Recipient Card.

you” or “user” means the person instructing us to send funds via the Service and is the person whose details are set out on the “Personal Details” page.

2.

What These Terms Apply To

2.1

These Terms and Conditions apply to the Service, which consists of an online service for individuals in Australia to send funds to an eligible Visa debit or credit or pre-paid card via this website.

3

Use of the Service

3.1

The Service is only available to individuals aged 18 years or over and who are resident in and accessing the Service from Australia.

3.2

The Service or any related services must not be used for any illegal or improper purposes. If you are using the Service to make a payment in consideration for goods or services (obtained online or otherwise), you agree to comply with all applicable laws and regulations in each relevant jurisdiction in relation to that transaction and agree to not involve Travelex as a party to such a transaction. As the Service is a remittance service only, Travelex does not provide any purchase guarantee or protection for goods and services paid for via the Service. You are cautioned against sending money to any person you do not know.

3.3

In using the Service, it is your responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Travelex is not responsible for determining whether taxes apply to your transaction, or for collecting, reporting or remitting any taxes arising from any transaction.

3.4

By making a payment using the Service from Travelex, you confirm that you have read and understood these Terms and Conditions and agree to be bound by them and to comply with all applicable laws and regulations. Travelex reserves the right to refuse this Service to any person found to be acting outside these Terms and Conditions.

4

Sending Funds Using the Service

4.1

The Service is provided by Travelex at your request (User or you) to transfer an amount, in a currency available from time to time, via the Service (once you submit your request for a quote via the Service we will advise you whether we are able to send to the relevant card) to a recipient Visa debit, credit or pre-paid card issued in any of the countries available from time to

time. A list of the main countries that we are not able to deal with, either due to Visa scheme requirements or in accordance with relevant laws is set out at

http://www.travelexmoneytransfer.com.au/

(please note that this list may not be

exhaustive and is liable to change at any time).

4.2

To use the Service, the User must follow the instructions on the Travelex eCommerce Web Portal. You are able to correct errors before the transfer of funds up to the point at which you click on the “Finish” button on the “Transaction Summary” page.

4.3

The User must provide to Travelex all the information as required under the relevant screen for us to process the transfer, in particular, the recipient card holder’s 16 digit credit or debit card number (PAN). The User is responsible for providing proper, correct, accurate and complete details of such requested information. Travelex may at its discretion obtain other details of the recipient card holder and may use procedures to authenticate each transaction, but Travelex is not responsible to verify or authenticate such information. By requesting and authorising a transfer of funds, you confirm that all the details contained in the request are correct in all respects. Travelex will only transfer the funds in an amount as authorised by the User to the Recipient Card Number provided to Travelex by the User.

You are responsible for ensuring that the Recipient Card Number that you provide is correct. Travelex will not check the Recipient Card Number provided by the User against the name of the Recipient. If the card number you provide is incorrect or if erroneous information is provided, the funds could be transferred to an incorrect recipient account. In the event that erroneous information is provided by a User, Travelex is not responsible for reversing the erroneous transaction or guaranteeing recovery of the funds transferred as a result of that erroneous transaction.

4.4

Travelex will have satisfied its obligation to provide the Service to you once it has sent the relevant funds to the issuer of the card whose number you have provided (along with an instruction and authorisation to credit the funds to the relevant card). Travelex is not responsible if the issuer of the Recipient’s card does not credit the relevant funds to the recipient.

4.5

By providing us with the Recipient’s Card Number you represent and warrant to us that you have permission to do so from the Recipient.

5

Verifying Your Identity

5.1

5.2

In order to use this Service, we need you to provide us with information to satisfactorily establish your identity for the purpose of complying with anti- money laundering and counter terrorism financing legislation (AML/CTF) in Australia and elsewhere. You will need to provide us with certain mandatory information as indicated in the “Personal Details” page before we can proceed with your transaction. For example, you will need to provide us with your name and residential address.

We need to satisfactorily verify your identity and confirm that certain information you have provided us about yourself is true before we can

process your transaction and allow you to use the Service. We use a third

party service known as “greenID

verification of your identity. greenID ® is operated by Deloitte Digital Pty Ltd ACN 089 484 766. greenID ® will try and verify your identity automatically by

comparing the information you have provided us against publically available information. If your identity is unable to automatically verified you will be asked to select and provide further information to verify your information against information held by various third party organisations and government

departments (this service is also provided by greenID

). In verifying your

” in order to perform an electronic

®

®

identity in this way we only retain the information set out in the Personal Details page. The additional information that you provide to greenID ® is not captured or stored by us and is only used for the purposes of verifying your

identity. In addition, greenID ® does not capture or store any information that

and Travelex will retain a record of

you provide to them. However, greenID

the result of the check (e.g. pass/fail) and the sources of those results.

®

By using the greenID ® service you acknowledged and agree that you will only use it for the purpose of verifying your identity to enable you to use this Service. You agree that you will not attempt to use the greenID ® service

made available via our website or in connection with the Service for any other

reasonably believe that

purpose. You acknowledge that if we or greenID

you are attempting to use the greenID ® service for another purpose or are abusing the service, we or greenID ® can block you from accessing this site and/or the greenID ® service.

®

The above requirements are in place to comply with regulatory requirements and/or to protect you and us from fraud. If you are not able to produce the information as requested or we are not able to verify your identity to our satisfaction, we may not be able to process your transaction and your transaction may be rejected by us.

5.2

Travelex reserves the right to request further information from a User at any time to enable us to complete your order and/or to comply with regulatory requirements.

Consent to disclosure of information (including personal information).

5.3 By using the Service you consent to us disclosing your personal information and the Recipient’s information (being their Card Number and Name) to third parties, including third parties outside of Australia, for the purposes of processing your transaction or in order to comply with any regulatory or card scheme obligations.

5.6

By using the Service you represent and warrant to us that the details that you have provided (including the details about the Recipient) are true and correct.

6

Payment for Service

6.1

You will be required to pay the Total Amount payable, as specified on the Transaction Summary page (and as set out in the confirmation email that we send you) by making a payment to Travelex via BPAY®. For any BPAY® payment you must make payment within 4 hours of the request for the transfer, otherwise we may cancel your transaction. Payments via BPAY® must be made from the account of the User and not from a third party bank account. Please note that once payment has been received we will send your transaction. Once sent this transaction may not be able to be cancelled or reversed.

7

Our obligation to complete a transaction

7.1

Our obligation to complete the transaction only arises once we receive your BPAY® payment in the total amount specified on the Transaction Summary page. Travelex will then transfer the funds in an amount authorised by the User to the Recipient Cardholder’s issuing institution within 2 Business Days of receipt of the cleared payment of the funds from the User. You will receive a transaction confirmation receipt once your transaction is confirmed. Please print a copy of the transaction confirmation receipt for your records. Business Days means Monday to Friday excluding National Public Holidays and Bank Holidays in Melbourne and Sydney.

7.2

We may, at any time, decline to process your transfer of funds for any reason, including where insufficient or incorrect information has been provided or an exchange rate has been quoted in error. We may also, at any time and at our sole discretion, decline to process your transfer of funds if it is in our opinion that the transfer of funds will contravene any of the sanctions prescribed by the Reserve Bank of Australia (RBA), the Australian Department of Foreign Affairs and Trade (DFAT) or the United States Office of Foreign Assets Control (OFAC) or would otherwise be prohibited by law, either in Australia or in the country where the Recipient Card was issued. In the event that the transfer of funds is unsuccessful, we will notify you by email via the email address you have provided to us at the earliest possible time. Unless prohibited by law, we will return the relevant funds to you converted back to AUD at a rate determined by us as applicable on the day we process the conversion and minus any transaction processing fees incurred on the relevant transaction.

8

Fees, Charges and Limits

8.1

The exchange rates we quote are specific to each transaction only. Exchange rates constantly fluctuate and the rate you get for one transaction may be different from another transaction. We will use the exchange rate (as set by us) that we quote to you on the Transaction Summary page at the time we receive your request.

8.2

A transaction processing fee in an amount as set out from time to time on the Transaction Summary page will be payable by the User for each transaction. The amount of the transaction processing fee will be clearly shown on the

Transaction Summary page and will be included in the Total Amount shown on that page.

8.3

The maximum amount that can be transferred for each transaction is US$2,500 (or equivalent). The minimum amount that can be transferred for each transaction is AU$1 (or equivalent).

8.4

Currency availability may be subject to further monetary limits, currency exchange restrictions and customers abiding by these Terms and Conditions. These limits are subject to change from time to time at Travelex’s sole discretion.

9

Complaints

9.1

If you have any comments or complaints please contact us via email on eCommerce@travelex.com.au or via phone on 1800 036 739.

10

Personal Information and Security

10.1

We use secure service software to make our Internet transactions secure. Please click on this link Privacy Policy to find out how we may use and disclose your personal information.

10.2

Please note that your personal information may be transferred out of Australia in order for Travelex to process your transaction and that by using this Service you are expressly consenting to such a transfer.

10.3

You agree that all information provided by you is true and correct, that any material information will not be withheld and you will provide us with any additional information that may be required by us. Travelex may require additional information from you in order to comply with regulatory requirements.

11

Limiting Our Liability

11.1

Travelex uses reasonable care and skill in providing the Service. However, Travelex will not be liable to you or any Recipient Cardholder for the following:

(a)

if we are unable to perform any of our obligations to you due to failure or any technical systems or for any other reasons beyond our reasonable control including, amongst other things, war, terrorism, government action, natural disaster, and industrial dispute;

(b)

for any damage to your computer equipment as a result of using this website of the Service; or

(c)

for any indirect, or consequential losses, claims or damages suffered by you or incurred from your use of the website or the Service however caused.

11.2

The disclaimers and limitations of liability in these Terms and Conditions will not apply to any damages arising from death or personal injury caused by the negligence of Travelex or any of its employees or agents or for fraud. If any provisions of these terms, including these disclaimers and limitations of liability, are unlawful or unenforceable then such provisions will not affect the

validity and enforceability of the remaining terms and conditions. This does not affect your statutory rights.

12

Alteration of Terms

12.1

Travelex may, at any time, with immediate effect, in respect of future transactions, change or withdraw the website, the Service and these Terms and Conditions without liability to you. If we revise these Terms and Conditions, we will post the revised version on our website at

http://www.travelexmoneytransfer.com.au/. By using the Service after we have

changed these Terms and Conditions, you will be accepting the changes.

13

Third Party Rights

13.1

When you request and authorise a transfer of funds using the Service, we are entering into a contract with you personally. Nothing in these Terms and Conditions will confer any benefit on any third party or any right to enforce these terms.

14

Law and Jurisdiction

14.1

This Service is only intended for individuals accessing it from Australia.

14.2

Our relationship will be governed and interpreted in accordance with the laws in the State of New South Wales, Australia. Any dispute, which cannot be resolved between us, will be resolved in a court of New South Wales.