1. About the Mobile App
1.1 Welcome to Remit To Nepal. Remit To Nepal Pty Ltd ABN 63 637 323 007 ("Remit To Nepal")is a licensed money remittance company which provides money remittance services ("the Services") on the terms and conditions set out in this document.
1.2 The Mobile App is operated by Remit To Nepal. Access to and use of the Mobile App, or any of its associated Services, is provided by Remit To Nepal. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Mobile App, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Mobile App, or any of Services, immediately.
1.3 Remit To Nepal reserves the right to review and change any of the Terms by updating this page at its sole discretion without notice. Any changes to the Terms take immediate effect from the date of their publication.
2. Acceptance of the Terms
By completing and submitting the Registration Form on the Mobile App or at the office of Remit To Nepal, these Terms and Conditions will form part of an agreement between Remit To Nepal and the Customer, which incorporates the following clauses:
3. Definitions:
3.1 Whenever used in these Terms and Conditions, unless inconsistent with the subject matter or context, the following words shall have the following meanings:
Customer means the person or entity who has completed a Registration Form or who is a customer of Remit To Nepal.
Fees means the fees payable by the Customer to Remit To Nepal for the provision of the Services to the Customer, as amended by Remit To Nepal from time to time in accordance with clause 43.
Funds means the funds transmitted by Remit To Nepal as part of the Services.
Law means the statutes, regulations and general law of the Commonwealth of Australia, and of New South Wales, Australia, and includes but are not limited to the Corporations Act 2001, and the anti-money laundering and counter terrorism financing legislation, as varied from time to time.
Remit To Nepal (NVS) means Remit To Nepal Group Pty Ltd (ABN 63 637 323 007) of Universal Tours And Travels Pty Ltd. 6 327 Pitt St Sydney NSW 2000.
Nominated Account means the bank account details of Remit To Nepal, which will be provided after login by the Customer onto the Mobile App via secure one-time password when placing an Order. The Customer must contact Remit To Nepal via telephone or at its official office address to verify the Nominated Account details and Remit To Nepal does not take any liability for any incorrect or fraudulent transfers by the Customer.
Order means a request by the Customer for Remit To Nepal to provide the Services to the Recipient.
Personal Information is as defined in the Privacy Act 1988 (Cth) as varied from time to time.
Recipient means the person or entity who is the intended recipient of the Funds.
Registration Form means the registration form provided by Remit To Nepal and accessible via the Mobile App or at the offices of Remit To Nepal, which has been completed by the Customer and provided to Remit To Nepal.
Services means the money remittance services provided by Remit To Nepal.
Mobile App Mobile App means the software application named "Remit To Nepal" located at Google Play store, Apple store or any other stores providing for the software application.
"We", "us", and "our" are used interchangeability in these Terms to refer to Remit To Nepal.
Working Hours mean Monday to Saturday, 9:00 AM to 6:00 PM (excluding public holidays in Sydney and Melbourne).
Provision of the Services:
4. Remit To Nepal may, in its complete and unfettered discretion, refuse to provide the Services to the Customer, without the need to give a reason.
Provision of Information and Accuracy of Information:
5. By providing Remit To Nepal with the information contained in the Registration Form, the Customer acknowledges and agrees that Remit To Nepal can use the information contained in the Registration Form for the purposes of providing the Services. The Customer acknowledges and agrees that the purpose of the Customer requesting the provision of the Funds to the Recipient is not an illegal or criminal purpose.
6. The Customer agrees to provide true and accurate information about itself as required in the Registration Form, and agrees to promptly update any changes whenever necessary to keep the information true and accurate. If the Customer provides information that is not true or accurate, Remit To Nepal has the right to suspend or terminate the provision of the Services to the Customer.
7. The Customer agrees to provide true and correct information about the Recipient, including but not limited the Recipient�s banking details, which are necessary to effect the successful delivery of the Funds to the Recipient. Remit To Nepal shall not be held liable or accountable for failing to perform the Services if the failure is due to the inaccuracy of any information provided by the Customer to Remit To Nepal. Remit To Nepal is not liable for any delays, irrecoverable amounts, loss, costs, damages, claims arising out of or in connection with the breach of the Terms by the Customer.
Compliance with Anti-Money Laundering Laws:
8. In appropriate cases all communications and information concerning the Customer held by Remit To Nepal may be disclosed to and reviewed by law enforcement agencies and regulatory authorities.
9. The Customer agrees to comply with all applicable anti-money laundering and counter-terrorism financing Laws, including, but not limited to, the requirement to obtain or provide satisfactory evidence of the identity of any person whom the Customer may represent in any transaction entered into with Remit To Nepal.
10. Remit To Nepal may request that the Customer provides further information and the Customer agrees to provide the requested information for anti-money laundering security validation and verification purposes, immediately upon request. If further information is not provided by the Customer, Remit To Nepal may, at its sole discretion, discontinue the provision of the Services to the Customer.
11. The Customer acknowledges that Remit To Nepal is under an obligation to report all Orders to overseas Recipients to the regulatory authorities. Separate transaction reports are submitted to regulatory authorities, including if the Funds amount exceeds or is equivalent to AUD10,000 in which case, Remit To Nepal will have further requirements from the Customer and may require further information and impose further conditions at the discretion of Remit To Nepal.
Privacy:
12. Remit To Nepal will collect, use and disclose the Personal Information provided by the Customer in accordance with the requirements of the Privacy Act (Cth) 1988, and with the Remit To Nepal Privacy Policy which can be accessed via the Mobile App.
Transactions:
13. The Customer may make an Order by attending at the office of Remit To Nepal, or over the phone during Working Hours or via the Mobile App by following the instructions provided by Remit To Nepal on its Mobile App. The permitted ways for the Customer to make an Order will change from time to time at the absolute discretion of Remit To Nepal. If the Customer wishes to make an Order over the phone, the Customer will be identified by Remit To Nepal via security methods at the discretion of Remit To Nepal and is only available for existing clients only. For new clients, they will need to attend in person at the Remit To Nepal office or complete a Registration Form on the Mobile App and provide all required information to the satisfaction of Remit To Nepal at its discretion. Remit To Nepal will determine, in its sole and unfettered discretion, whether to provide or to continue to provide the Services to the Customer.
14. Remit To Nepal may, in its sole and unfettered discretion, refuse to accept an Order the value of which exceeds any legal or compliance limits on the amount of Funds that are to be remitted as part of the Services. Using its discretion, Remit To Nepal can refuse to accept the Order without giving any reason.
15. Remit To Nepal may or may not, as it determines, require the Customer to provide confirmation of the Order in writing before accepting the Order.
16. The Customer acknowledges and agrees that Remit To Nepal may also record any or all telephone conversations with the Customer and store the recordings for verification, compliance, and quality assurance purposes.
17. Remit To Nepal may delay, block, or refuse to transfer the Funds as directed by the Customer if Remit To Nepal believes that transferring the Funds may breach any Laws or any laws in any other country.
18. Remit To Nepal only accepts payment from the Customer in the form of a transfer or deposit into the Nominated Account. The Services will not be provided until the Funds transferred by the Customer have been cleared by Remit To Nepal' bank and if no funds transfer issues or queries have been raised by Remit To Nepal' bank. Remit To Nepal does not accept any payments from the Customer in the form of cash, including but not limited to deposits of cash made by the Customer into the Nominated Account or provision of cash directly to Remit To Nepal.
19. In consideration for the provision of the Services, the Customer agrees to pay the Fees to Remit To Nepal, in relation to each Order.
20. Immediately before Remit To Nepal transfers the Funds to the Recipient in accordance with the Order, the Customer hereby authorises Remit To Nepal to deduct the Fees from the Funds before transferring the balance of the Funds to the Recipient.
21. Remit To Nepal may also, at its discretion, change the Fees without notice to the Customer.
22. The Customer agrees that it will be solely responsible for paying all third-party bank charges and other expenses. Third-party banks may or may not deduct their own charges and fees from the Funds and the Customer must make its own enquiries in relation to these charges and fees.
Refunds:
23. Subject to the absolute discretion of Remit To Nepal, the Customer may request for Remit To Nepal toprocess for a refund subject to and on the condition that:
(a) the Customer serves a written cancellation request to Remit To Nepal via email at info@remittonepal.com.au and provides supporting evidence satisfactory to Remit To Nepal that there was either a mistake in the amount transferred or the Recipient's bank account details. The Customer acknowledges that Orders are processed promptly and Remit To Nepal may not be able to process any refund even if a written cancellation request is provided by the Customer and Remit To Nepal is not liable for any loss, costs, damages, claims arising out of or in connection with not processing a request for refund;
(b) the Funds are not yet sent to the Recipient and the Funds are not yet received by the Recipient; and
(c) the Order has not yet been finalised or confirmed by Remit To Nepal.
The Customer acknowledges and agrees that due to the nature of money remittance, Remit To Nepal does not guarantee the ability to refund the Funds and any refund request by the Customer are subject to the absolute discretion of Remit To Nepal.
If a refund is processed, the Fees shall be payable by the Customer and Remit To Nepal reserves the right to charge further fees and charges for the refund as informed to the Customer when processing the refund.
If the Order has already been finalised, then Remit To Nepal retains the right to deduct any Fees and charges applicable upon the request for cancellation of the Order from the Funds regardless of whether the cancellation and refund can be processed or not.
24. The Customer agrees to provide evidence and information to Remit To Nepal of any new Recipients including their bank account details, whether or not requested by Remit To Nepal. The Customermust be the same person who provided the information and it is the Customer's responsibility to validate the details provided.
25. The Customer agrees that it will be liable to pay any additional charges applicable upon cancellation of the Order. The Customer acknowledges that Remit To Nepal does not guarantee the ability to refund the Funds. If Remit To Nepal agrees to grant the Customer's request to cancel the Order and refund the Funds, the Fees and other charges and costs will be deducted by Remit To Nepal from the Funds and the refund of the balance of the Funds will be will be processed within 14 working days for electronic transfers, and can be extended as informed by Remit To Nepal..
26. Remit To Nepal is not liable for any delays by third-party banks or other financial institutions in remittingthe Funds to the Recipient for any reason and Remit To Nepal is not liable for any loss, costs, damages, claims arising out of or in connection with this clause.
Refunds:
27. Remit To Nepal does notguarantee the exchange rate or rate for the Order on the Mobile App due to fluctuations in market rates and standards and other considerations and the Customer acknowledges and agrees that the rates will change at the time the Order is processed and will change without further notice.
28. Remit To Nepal is not liable for any delay in the delivery of the Funds to the Recipient which is due to:
28.1 incorrect information submitted by the Customer; or
28.2 the inability of the Recipient to accept the Funds, for any reason; or
28.3 accident, flood, computer software or network failure; or
28.4 any other factors which are beyond the control of Remit To Nepal, including but not limited to fraud and cyber-attacks.
29. If the Customer provides incorrect information about the Recipient and the Funds are deposited to an account that is not the Recipient's account, Remit To Nepal shall not be liable for any resulting loss and shall not be required to assist the Customer to trace and recover the Funds.
30. Once the Funds are transferred to the Recipient, the transfer of the Funds is final and irrevocable. However, if Remit To Nepal is unable to remit the Funds to the Recipient, as the Recipient cannot be located, Remit To Nepal will refund the Funds less the Fees to the Customer.
31. Remit To Nepal makes no warranty regarding the amount of time it may take for the Funds to be transferred to the Recipient.
32. The Customer agrees to indemnify and hold Remit To Nepal harmless from and against any loss, damage, cost, claim, or liability (including direct, indirect and consequential losses such as loss of profits) incurred by Remit To Nepal:
32.1 arising from or as a result of the Customer's breach of these Terms;
32.2 arising from or as a result of any error in the Registration Form or the Order and from any factors which are beyond the control of Remit To Nepal, including but not limited to fraud and cyber attacks;
32.3 arising from or as a result of payment to a person whom Remit To Nepal reasonably believes to be the Recipient;
32.4 arising from or as a result of the acts or omissions or negligence or default of the person the Customer has nominated as the Recipient;
32.5 arising from or as a result of Remit To Nepal' cancellation of an Order pursuant to the Customer's instructions; or
32.6 arising from or as a result of Remit To Nepal' cancellation of an Order in accordance with clauses 14, 15 and 17.
32.7 Remit To Nepal will not be liable or responsible for any failure to perform or delay in service or performance under these terms that is caused by events outside our reasonable control.
33. If Remit To Nepal determines that contrary to statements made by the Customer, the Funds have been delivered to the Recipient, Remit To Nepal may take legal action against the Customer.
34. Remit To Nepal will not be liable for any loss suffered by the Customer if any Funds are transferred at the Customer's request to Recipients who are not known to the Customer.
35. Remit To Nepal shall not be liable under any circumstances for any direct, indirect, or consequential loss (including any loss of profits) incurred as a result of a delay in the Funds reaching the Recipient's account.
36. Nothing in these Terms and Conditions is intended to limit or exclude any liability Remit To Nepal may owe the Customer under any statutory rights the Customer may have.
Mobile App and Social Media Policy
37. The Customer consents to receiving electronic, phone, and mail communications from Remit To Nepal upon registration on the Mobile App, and personal information including confidential data may be collected in accordance with our Privacy Policy.
38. The Mobile App can be downloaded from the Apple Store for iPhone users and on Google Play for Android users or any other mobile app stores advised by Remit To Nepal from time to time.
39. It is the Customer�s responsibility to maintain the strength of their password and to ensure that log-in details are kept confidential. We highly recommend changing passwords periodically to ensure security. Use of the Customer�s password by any other person may result in the immediate cancellation of the Services.
40. The Customer acknowledges that any use of the Customer's registration information by any other person, or third parties, is strictly prohibited. The Customer agrees to immediately notify of any unauthorised use of their password or email address or any breach of security.
41. The Customer acknowledges that all activities in social media such as social networking sites (e.g. Facebook, Instagram) and professional networking services (e.g. LinkedIn) are considered public. It is the Customer's responsibility to ensure that any information posted or published through such sites do not compromise the security of the Customer�s account.
Notices
42. Any notice required or permitted to be given under these terms and Conditions or for the purposes of these Terms and Conditions shall be in writing and shall:
(a) If to the Customer, be sent by email to the Customer as set out in the Registration Form or via prepaid registered mail or delivered by hand to the address of the Customer, or such other address the Customer designates in writing, or by Remit To Nepal posting a notice on the Mobile App; and
(b) if posted on the Mobile App, the notice is deemed to have been given 1 business day after the notice was posted on the Mobile App; or
(c) if the notice was sent to the Customer, the notice is deemed to have been given on the first business day after the notice was sent if send via mail, unless sent by email or delivered by hand in which case the notice is deemed to have been given on delivery.
(d) If to Remit To Nepal, be sent by email to info@remittonepal.com.au or by prepaid registered mail or delivered by hand to the address of Remit To Nepal set out in these Terms and Conditions, and such notice is deemed to have been given 3 business days after the notice was sent via mail unless sent by email or delivered by hand in which case the notice is deemed to have been given on delivery.
43. Any notice given or made under these Terms and Conditions sent by email must comply with the following:
43.1 the notice is sent to the email address last notified by the intended recipient to the sender; and
43.2 the sender keeps an electronic or printed copy of the notice sent.
44. A notice sent by email will be deemed to have been given on the first to occur of:
44.1 receipt by the sender of an email acknowledgment from the recipient's information system showing that the notice has been delivered to the email address stated above;
44.2 the time that the notice enters an information system that is under the control of the recipient; or
44.3 the time that the notice is first opened or read by an employee or officer of the recipient.
Termination
45. These Terms and Conditions form part of anagreement between the parties which may be terminated immediately by the Remit To Nepal by notice to the Customer. The Customer must request for Remit To Nepal' approval if it wishes to terminate these Terms. However, termination by either party shall not affect any Order or other transaction previously entered into and shall not relieve either party of any outstanding obligations arising out of this agreement, nor shall it relieve the Customer of any obligations arising out of any Order entered into prior to such termination.
46. In the event that Remit To Nepal is made aware of or has reason to believe any of the following:
46.1 that the Customer has provided false or misleading information to Remit To Nepal or
46.2 that the Customer has participated or is participating or has assisted or is assisting in money laundering or terrorist financing; or
46.3 that the Customer is being officially investigated by law enforcement and/or regulatory agencies; or
46.4 that the Customer has contravened any Laws,
then Remit To Nepal, at its sole discretion, may terminate this agreement immediately by notice to the Customer, and Remit To Nepal hall be relieved of any obligations set out in these Terms and Conditions or arising out of the transactions contemplated by the agreement between the parties.
Amendment
47. Remit To Nepal may make modifications, alterations, changes or variations to any term of these Terms and Conditions, by notifying the Customer in writing, including by email or by the Mobile App, of the details of the amendment or modification. Any modification or change to these Terms and Conditions will take effect immediately from the date when the Customer is notified of the modification or change. The Customer may not make any changes or modifications to these Terms and Conditions.
48. Any questions about terms and conditions can be raised via our email at info@remittonepal.com.au
SCHEDULE 1
Fees: the Fees payable by the Customer to Remit To Nepal are as follows:
| Transfer amount: |
Fees: |
| Service Charge |
AUD 10.00 |
| Any other amounts |
To be determined by Remit To Nepal from
time to time |
