Terms and Conditions for Online, Face to Face and Telephone.
1. THE FOLLOWING DEFINITIONS APPLY TO THIS AGREEMENT, HEREINAFTER REFERRED TO AS THE “USER AGREEMENT”.
a) The terms “Unity Monetary Services B.V”, “we”, “us”, and “our” refer to Unity Monetary Services B.V, a Dutch registered company, together with its employees, directors, successors, affiliates, and assignees.
b) A “Transaction” is a remittance payment instruction received by Unity Monetary Services B.V through the website.
c) The terms “you” and “your” refer to users of the Service who originate (“Sender”) or receive (“Recipient” or “Beneficiary”) remittances, or visitors to this website.
d) The “Destination Country” is the country in which the Recipient receives money through the Service.
e) The “Transaction Amount” is the amount of the Transaction that the Sender intends for Beneficiary to receive and excludes all transaction charges and fees applied by Unity Monetary Services B.V and any foreign exchange conversion that may apply.
f) The “Service Fee” is the amount owed to Unity Monetary Services B.V in consideration for funds transfer services provided.
g) The “Foreign Exchange Conversion” is the process by which Unity Monetary Services B.V converts Euro or other currency in which a Transaction is originated into the local currency in which the Beneficiary will receive the Transaction Amount.
The Service enables you to send money abroad from your online account in The Netherlands to a Beneficiary of your choice (“We/ Us/Our”) in Africa.
2. SERVICE AVAILABILITY AND RESTRICTIONS
a. Unity Monetary Services B.V rights. Unity Monetary Services B.V, in its sole discretion, reserves the right to accept or reject any Transaction.
b. Your Eligibility. To use the Service you must be at least eighteen (18) years old and be capable of executing legally binding contracts under applicable law. Additional restrictions may apply.
c. Service Availability Restrictions. The Service may not be available in whole or in part in countries, and jurisdictions. A valid address is required in all instances. .
d. Funds Restrictions. You represent that all funds associated with the Service, including any Service Fees or Transaction Amounts are derived from, and will be used solely for, legitimate activities. You understand and agree that use of funds derived from illegitimate activities and/or intended to be used for illegitimate purposes, including financing of terrorist acts is strictly prohibited and will negate any obligations on the part of Unity Monetary Services B.V.
e. Unity Monetary Services B.V reserves the right reject any transaction, request additional information about source of funds, identification of Senders or Receivers of transactions, or any other additional deemed pertinent to comply with Anti-money laundering requirement, or as may otherwise require to comply with regulatory or other legal obligations.
3. FOREIGN EXCHANGE CONVERSION RATE
a. The foreign exchange conversion rate shown on the Website indicates the approximate amount that the beneficiary will receive. It does not represent the foreign exchange conversion rate that will actually be applied to your remittance. We will convert your payment to the local currency at our advertised foreign exchange rate prevailing on the day that we process your instruction.
b. When you use the Service your money will not earn interest after it leaves your account.
a. Once you send money to the beneficiary, the transaction will be final and you will not be able to revoke or reverse it.
b. If, for whatever reason, funds are not received in our account with respect to the related Transaction or details against the related Transaction are not provided correctly, we will not be able to send money to the Beneficiary. We shall inform you that your requested transaction has not been completed by sending you an email as well as updating the status of the transaction on the Unity Monetary Services B.V Online Money Transfer website.
c. We shall act on an instruction given under your login ID and we shall not have any liability to you if the instruction is given without your authority unless you have notified us, or be liable for any errors made by you in relation to the beneficiary’s name or account details.
5. LIMITATION AND EXCLUSION OF LIABILITY
a. We shall not be liable to you:
If, for reasons beyond our control, we are unable to send your money; or
For delays in the transfer of the money or its release for reasons beyond our control;
Where we delay or block the payment in order to comply with our legal or regulatory obligations or to comply with directions of a regulatory authority; or
under any circumstances for loss of business, loss of goodwill, loss of opportunity, loss of profit or any type of special, consequential or indirect loss whatsoever.
6. COMPLIANCE AND DATA PROTECTION
a. Unity Monetary Services B.V is a regulated Money Remittance provider licensed by The Dutch Central Bank. Unity holds a PSD (Payment Services Directive) license and operates under strict supervision by the Dutch Central Bank. https://www.dnb.nl/en/home/#
Chamber of Commerce number: 34239397. Any suspicious transactions will be reported to FIU (Financial Intelligence Unit) https://en.fiu-nederland.nl/v6/ . Unity Monetary Services B.V will monitor all suspicious or unusual transactions regardless of size. Unity Monetary Services B.V also reserves the right to request more information from the customer at any time. Unity Monetary Services B.V is also authorised and regulated by The Netherlands Authority for the Financial Markets (AFM) https://www.afm.nl/en.
b. Unity Monetary Services B.V is committed to helping prevent money laundering and terrorist financing. Unity Monetary Services B.V has strict policies and procedures in place to identify its Customers and to combat money laundering and terrorist financing. The procedures include but are not limited to the below:
1. Verifying that the Customer is who they claim to be by means of identification documentation or by electronic means.
2. Monitoring and reviewing Customer accounts and Transactions.
3. Reporting suspicious transactions, false identification documents or personal details.
4. Retaining customer data for 5 years after the business relationship ends.
5. Training staff on our Anti-Money Laundering and Counter Terrorist Financing policies and requirements.
7. We will comply with all Anti Money Laundering regulations and will disclose to the relevant authorities details of any suspicious/unusual transactions without prior notice to the customers.
c. We will validate names, addresses and other personal information supplied by You during the order process against appropriate third party databases. By accepting these Terms and Conditions You consent to such checks being made. All information provided by You will be held securely and treated strictly in accordance with the Data Protection Act 1995.
d. The Transaction will be subject to laws related to monetary transactions in The Netherlands/intermediary/destination countries and may be blocked/frozen in case found suspicious. The Customer and their recipient will be fully responsible to provide necessary evidence/clarification to prove legality of entities/funds.
e. Applicable laws prohibit Us from conducting business with certain individuals and countries. In order to comply, Unity Monetary Services B.V is required to screen all Transactions against a list of names provided by various governments and/or government agencies. If a potential match is found, We will suspend the Transaction and request additional information on either the Customer or beneficiary, as necessary.
f. We will report Transactions to any government authorities if We are required to do so by law.
g. In using Our Service, We may need to send Your details to third parties. We are committed to protecting Your privacy. We may use Customer and recipient’s personal information and the details of Transactions and store them on Our database, in order to provide the Customer and the recipient with Our Services, for managing Our business and market research permitted by applicable law. The Customer must have the recipient’s consent to share his/her personal information with Us. We may for those purposes share information with Our group or other companies/institutions which may be located within or outside the EEA.
h. We may also use personal information provided by You in order to conduct appropriate anti-fraud checks. Personal Information that You provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
i. The Customer may request access to his/her personal information, ask for the information to be corrected or updated or, for legitimate reason, oppose its processing, by writing or emailing to Us.
j. We maintain records of Your Transaction history to the extent required under applicable law. Records will be updated on continuing basis for all Transactions.
k. You agree to provide Unity Monetary Services B.V with valid and up to date identity documents upon request and also agree that it is Your responsibility to update Your details and identity documents with Us as and when required.
8. PERSONAL INFORMATION AND SECURITY
For online security Unity Monetary Services B.V utilises secure server software and the company is full PCI-DSS compliant.
9. VARIATION OF THESE TERMS & CONDITIONS
a. Before we start charging for other services, we will notify you of the proposed changes on this site. We may implement any changes without further notice to you.
b. We may add to or change these terms and conditions at any time by giving notice of the changes on this site and publishing the amended terms and conditions. When you use the Service you do so on the terms and conditions applying on the date that you use the Service to give us your payment instruction.
c. You must follow any instructions we give you in relation to the Services. We will not be liable to you if you have not followed our instructions.
10. GOVERNING LAW AND JURISDICTION
The law of The Netherlands applies to this agreement and We will communicate with the Customer in Dutch/ English and local language. The Dutch courts shall have exclusive jurisdiction on all matters related to the service and this agreement.
You agree to indemnify and hold us and Our respective affiliates, subsidiaries, officers, agents, co-branders and other partners, directors, and employees, harmless from any claim or demand, including reasonable lawyers and legal fees, made by any third party due to or arising out of Your use of this service, Your connection to the Service, Your violation of the terms of this agreement, or Your violation of any rights of another.
B. CUSTOMERS’ LIABILITY
You shall keep Unity Monetary Services B.V indemnified in respect of all costs, claims, and losses that we may incur in course of processing your order. You will be liable for and will indemnify Unity Monetary Services B.V against all or any costs, losses or liabilities we may incur while processing or as a result of processing your order. This includes any costs, losses or liabilities we may incur with third party currency dealers, banks, payment processors or other institutions.
C. CONTRACT RIGHT OF THIRD PARTIES.
Nothing contained in this Agreement is intended to confer nor shall confer upon any person, other that the parties hereto, any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement or any benefits of remedies of any kind or character whatsoever, and so such person shall be deemed a third-party beneficiary under or by reason of this agreement.
If any part of this agreement is found to be invalid, then the remainder of the agreement will remain in effect.
E. TRANFERRING THIS AGREEMENT.
We may transfer Our rights and duties under this agreement or we may arrange for any other person to carry out Our rights and duties under this agreement. We may change the provider of the delivery service to any other person or organisation that We deem fit without prior notice or compensation.
15. Complaints handling
If you wish to make a complaint about any aspect of the Unity Monetary Services B.V’s service, please send your complaint in writing to the following address:
Unity Monetary Services B.V
Bijlmerdreef 1129A – 1131A
1103 TT Amsterdam
Tel: +31 (0) 206 957 122